Principles of diversity equality Essay Example

Principles of diversity equality Essay Outcome 1: Understand the importance of diverseness. equality and inclusion. 1. 1 Define what is meant by: Diverseness: Is that right of each person to be different and to hold differences from others. Equality: the province of being equal. particularly in position. rights or chances. Inclusion: the action or province of including or being included within a group or construction. Discrimination: the unfair or damaging intervention of different classs of people. particularly on the evidences of race. age or sex. 1. 2 Describe how direct or indirect favoritism may happen in the work scene. Direct favoritism: Institutional/Company: different wage degrees offered for the same occupation. publicity offers to merely a choice group of employees ; occupation offers and preparation chances being offered to persons of a certain race or age ; strong-arming. excepting others. aggravations of co-workers or clients on the footing of their gender. age. spiritual beliefs. ethnicity. linguistic c ommunication. societal category. sexual orientation. Indirect favoritism: Inadequate installations put in topographic point for those with disablements. doing demands on work force which they deem as being disadvantageous to employees of a certain group ; utilizing excessively complex nomenclature when supplying information either members of staff or the clients 1. 3 Explain how patterns that support diverseness. equality and inclusion cut down the likeliness of favoritism. Blending groups of persons in state of affairss like ; developing Sessionss encourages coherence and fosters the chances for persons to work good with each other in partnership. Introducing installations that aid mobility as this encourages the engagement of persons who are less nomadic and makes them experience included as their demands are being taken into history. Puting in topographic point constabularies that empower employees and demo the individual’s value to the company such as ; employee of the month awards and fillips given for consistent good work. This will increase the employees’ assurance in transporting out their occupation and want to go on their employment contract with the company. We will write a custom essay sample on Principles of diversity equality specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Principles of diversity equality specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Principles of diversity equality specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Outcome 2: Know how to work in an inclusive manner. 2. 1 List cardinal statute laws and codifications of pattern associating to diverseness. equality. inclusion and favoritism in grownup societal attention scenes. Equalities Act ( 2001 ) . The Employment Act ( 2008 ) . Health and Social Care Act ( 2012 ) . Human Rights Act ( 1998 ) . Mental Capacity Act ( 2005 ) . Safeguarding Vulnerable Groups Act ( 2006 ) . 2. 2 Describe how to interact with persons in an inclusive manner. Being empathic towards the clients’ state of affairs and demoing a echt involvement in their concerns and demands. Allowing and promoting a bipartisan duologue to happen between the attention worker and the client utilizing techniques such as ; active hearing to help communicating. Respecting individual’s cultural and/or spiritual differences and working with them in a manner that doesn’t travel against their beliefs or ethical motives. 2. 3 Describe ways in which favoritism may be challenged in grownup societal attention scenes. Puting in topographic point a company policy of zero-tolerance sing favoritism. Informing all members of staff and clients about how and when to do ailments sing any issues of concern including favoritism. Promoting others to dispute favoritism. Keeping a record of prejudiced behavior and fall backing to disciplinary actions to cover with such behavior. Routinely updating policies and processs of administration in relation to favoritism. Using old prejudiced instances to help the uninterrupted professional development of the members of staff as they can move as an illustration of how they can react and manage similar state of affairss if and when they occur in their hereafter working life with the company. Outcome 3: Know how to entree information. advice and support about diverseness. equality. inclusion and favoritism. 3. 1 Identify beginnings of information. advice and support about diverseness. equality. inclusion and favoritism. Company attention worker enchiridion. Skills for attention web site. Heath A ; Social Care Information Centre web site. NHS web site. Healthcare Diversity Council web site. 3. 2 Describe how and when to entree information. advice and support about diverseness. equality. inclusion and favoritism. An person should entree information. advice and support about diverseness. equality. inclusion and favoritism in cases where they believe that either them or the client who they are helping being treated below the belt due to factors like an individual’s race or ethnicity ; holding entree to the relevant legislative regulations and ordinances such as ; the Equalities Act ( 2001 ) or The Employment Act ( 2008 ) and the company’s policies and processs sing diverseness. equality. inclusion and favoritism so that they know precisely what their employer is lawfully required to set into topographic point in order to further diverseness. equality. inclusion and prevent favoritism. This information particularly the company’s policies and processs will besides inform the attention worker of the proper process that needs to happen when the attention w orker experiences issues sing diverseness. equality. inclusion and favoritism.

Psychic Powers

Psychic Powers Free Online Research Papers Dictionary.com defines the word Psychic as â€Å"a person who is allegedly sensitive to psychic influences or forces.† This definition is very vague and therefore it is necessary to try and understand what psychic influences or forces mean. One of the biggest problems determining if psychics are real is that there is not a regulatory or licensing guidelines like there are with other professions. Therefore there is not a real definitive guideline for measuring their truthfulness or validity. According to the source Psychic Detective, a professional psychic relies heavily on his or her reputation. Obviously, one with a bad reputation is not going to be able to remain a psychic for very long. A psychic’s reputation is clearly based on the feed back of his or her clients. With this in mind, it would logical that a particular psychic would want good references and thus help the psychic to remain in business and successful. I interviewed my mother who has had a few encounters with a psychic, and she feels that it is very likely that the â€Å"Psychic† she worked with was legitimate. Her husband murdered a good friend of hers, but her body has never been found. There was never any evidence of her husband killing her therefore, he was never questioned. My and a couple of her friends started talking about possible ways to find some end to this tragic event. My mom and her friends hired a psychic to help them, and the police, find the body. My mom’s closest childhood friend, Janet, disappeared on August 15th, 1996. Her husband Perry was able to keep it from everyone for almost two weeks. Once the word got out, and the police got involved, he left the city with his two children and never returned. My mom instinctively knew that Perry was responsible for her disappearance, and ultimate murder. A few months after Janet’s disappearance, my mom and five of her friends met with a Psychic and had a sense. Pat, the psychic, asked them all to close their eyes and think about their friend Janet. After a few minutes she told them that Janet was present in the room. Pat looked at my mom and said, â€Å"Is there anything you would like to ask Janet, â€Å"Dianeee Poo Poo.† That is the name that Janet called my mom since they were little girls. My mom told me that there would be no way that Pat would know that. Pat had said other things to my mom and her friends, and they all felt that a connection with Janet had been made. My mother contacted the police after the first meeting with the Psychic and informed them about the details that were given to them the night of the sà ©ance, and asked the lead detective on the case if he has ever worked with Psychics on other cases. My mom was so excited to hear that he had worked with Psychics before, and was willing to talk to Pat. My mom and Pat met again and Pat was able to contact Janet and find out more details about her disappearance and the location of her body. Apparently, Janet described to Pat the location of her body and how she ended up there. Pat, the detective, his dog and my mom, spent days trying to locate the place Janet described. My mom thinks it is very likely that they discovered where Janet’s body was originally placed. However, years later it was revealed during Perry’s trial that the body had been moved from it’s original place. Perry’s father was an accomplice to the crime and testified in court that he helped move Janet’s body from the place that Perry had first put her. The site he described in court was the exact spot my mom and the police searched. Had she not been moved, my mom feels sure that they would have recovered her body. Every few months my mom and Pat would get together to try and make some progress on Janet’s mystery. Very often they would spend a day with the detective and his hound dog searching out places based on the information given to the Psychic and the clues that the police uncovered. This went on for years. My mom told me that there were times that she had her doubts about the whole thing, but overall, she felt that the information Pat knew about Janet was very legitimate and there was no other source where this information could have come from. Ten years later Perry was brought to trial. The trial lasted two weeks and Perry was found guilty of murder even though her body was never found. My mom was called to the stand to testify and the defense attorney asked her questions about her work with the psychic. He did this to try and discredit her as a witness. She thinks the jury was intrigued by her work with the psychic even though nothing concrete came from it. My uncle Don also had a very interesting Psychic experience that is truly unbelievable. My uncle is now 52 years old, but when he was in his mid twenties he met with a psychic. He really did it more out of curiosity then anything else. His one-hour conversation with the psychic was tape-recorded. He was willing to sit down with the psychic even though he was not entirely sure of the outcome. At the time he met with the psychic he was single and living in Nashville, Tennessee working for his fathers company, and assumed it would be his one-day. The psychic predicted that very soon he would meet a girl with blond hair and they would get married and move out of town. Within a few months he had met Suzy. She had blond hair and there was an instant connection. Within a few months they were engaged, and a few months after that they moved to St. Louis, Missouri where they have settled and raised a family. At the original psychic meeting, the woman also gave my uncle some information that was very troubling. She predicted that his father, my grandfather would pass away when we least expected it. About 8 years later, at the young age of 62, my grandfather dropped dead of an abdominal aneurism. This event even influenced the fact that And lastly, the psychic told my uncle that she did not see a long future with his wife. She predicted 3 children, and they did have three children. However, when their youngest child was only 4 years old, my aunt Suzy was diagnosed with a brain tumor. After a very hard, three year battle with the disease, she passed away a few days after her 40th birthday. My uncle would tell you that he definitely believes that psychics have some type of special energy within them, which allows them to feel the energy of the people around them, and in some cases, predict the future. But to some people psychics are un-real, lucky or just a coincidence. Can they truly see the future? Do they actually have the ability to speak to the dead, foretell future events and recount past lives? According to one article by Jeffery Palmer, There are no professional policies or standardized practices to adhere to. According to Ray Hyman and the National Science Foundation, suggest that parapsychology has methodological flaws that can explain the experimental results that parapsychologists attribute to paranormal explanations, and various critics have classed the field as pseudoscience. This has largely been due to lack of replication of results by independent experimentershere is no established governing body to report fraudulent psychics to. People have no guidelines to base there decision if they are real or not. Determining if a psychic is legitimate or not, is all based on reputation. Works cited 1. Herbert , Frank. A real psychic. frank herbert, october 8 2008. Web. 8 Oct 2010. 2. Kazan, Lorrie. How do psychics find missing people or solve murders. Intuitive Connections Network (2006): 1. Web. 26 Sep 2010. intuitive-connections.net/2006/psychicslocatemissing.htm 3. zammit, victor. detectives psychic . psychic detectives (2010): 1. Web. 26 Sep 2010.

Private sector involvement in environmental management Essay

Private sector involvement in environmental management - Essay Example There are various advantages that are associated with the involvement of the private sector in the issues of environmental management, more so, as regards the management of water resources and biodiversity. One of these advantages is the provision of technical assistance in the environmental management issues. The private sector may be well equipped and versed with technical expertise that is relevant for the management of water and biodiversity (Brown, Aradau, and Budds, 15). Thus, the involvement of the private sector in this practice will serve to ensure that such expertise is availed in the management of water and biodiversity projects. This ensures that the whole process becomes successful and is implemented within the shortest duration possible, in that the presence of technical assistance helps the whole project to run smoothly and efficiently, saving on the time that would be involved in correcting mistakes arising from the lack of technical skills in the project implementati on (17). Provision of private finance is the other advantage associated with the involvement of the private sector in environmental management programs (23). Such finances provided by the private institutions may be in form of loans or grants towards such projects. This is an advantage in that the financial provision by the sector serves to supplement the public finances that could have been allocated for such a program. In so doing, a project that could have been implemented over many years due to financial challenges is implemented within a short duration. The provision of financial support from the private sector also serves to ensure that, suitable and most recent technology can be accessed and acquired for the implementation of the environmental management projects. This way, the projects are implemented more rapidly and efficiently, while ensuring that the necessary tools and equipment, which are most suitable for the project, are afforded and involved in the project execution (59). Additionally, the provision of private finance serves to ensure that the project can run continuously, since there is some aspect of public finance that requires many bureaucratic procedures to be undertaken before the finances are availed for used in the project. Most limiting factor associated with public finance, is the fact that, if any additional finance is deemed necessary, then such has to wait until another budget period, when such supplementary finances can be planned (161). In contrast, the private sector finance is easily accessible and requires less bureaucracy to obtain and use. The involvement of the private sector in environmental management is also advantageous in that it affords an opportunity for contracting a single contractor, who will deal with the whole project, from the design phase to completion (39). If such projects would be left wholesomely to the public sector, their implementation would be a great challenge, in that, the project would require vari ous departments of the public sector to be involved at different phases and stages of project implementation. Thus, the planning department would be required to plan for the project, the architecture department to design the project structures and the other departments to take respective phases of the project execu

Project Management Methods Essay Example | Topics and Well Written Essays - 7000 words

Project Management Methods - Essay Example Project Management has developed into a major area of study. One of the major reasons is the fact that there are numerous factors that are not fully understood in project management. Every project needs three resources: Man, Material and Money. Managing men, material and money might be the easiest thing to do when compared to the software projects or IT projects. What makes IT projects different is the fact that it is mostly virtual and almost uniformly not realized in any physical form until the final moment. The lack of understanding of the expectations of the end user is just one of the bottlenecks. The very fact that every end user has his or her own perception of the requirements makes the IT project a far tougher proposition than what it was conceived to be. Surveys conducted by Robbins – Gioia (2001) concluded that nearly 51% of all software projects fail. They also said that nearly 46% of the companies just did not know where they are going with the IT projects. Most of the projects go over board on cost as well as on time (Brenda Whittaker 1999). Worse still is the fact that most of the companies are not able to identify what is a success and what is a failure. At the same time, Standish Group released a report that compared the performance of IT projects all through the last decade. From 1994 to 2005, the Group indicated that the IT projects have improved in their performance and have been consistently producing better results. The graph below from the Standish Group's CHAOS report (2004) indicates that the success rate has been increasing gradually. Though this is cause for commendation, still majority of the projects, over 71% of the projects, still fail or do not satisfy the customers who are paying for it. This paper studies the numerous causes for the failures. The paper also studies the various methods adopted by the people to forestall failures and how these methods have failed if they have. Also analyzed are the success reasons for some of the projects. Why do some projects succeed And what makes such projects better than the rest of the projects The results of such study are looked at in this paper. 4. Aims and Objectives In order to put in the right perspective the discussions, the following aims and objectives have been set for this project. The aim of the project is to identify why software and IT projects fail and why their failure rates are higher. This will ensure that real issues behind the failures are identified and listed. Once this is done, the objective is easily reachable. The objective is to find the right project management method and the right process that a software development company should adopt so that the failure rate of their project is low. This objective can be met once the problem points are clearly identified. 5. Literature Review 5.1 Introduction The literature review of the project failure would aim at studying the various methods that are available. While doing so, the primary evolutionary path of these project management methods was identified. This would also ensure that the reasons behind such a methodology will also be known. Every development

Addressing Nursing Shortage Research Paper Example | Topics and Well Written Essays - 3750 words

Addressing Nursing Shortage - Research Paper Example This essay discusses that prior to 1980s healthcare was solely a physician’s concern and certain problems like cardiac malfunctions were not considered problems until after symptoms were developed. This caused a lot of financial stress on the patients when they were treated at late stages of the disease. As a result of research it was suggested that care provided before the advent of symptoms can cost far less than the care provided after symptom development. Since then the trend of â€Å"Preventive Care† that is avoidance of disease or accident before it occurs, evolved. Managed care is the current concept for running a successful healthcare system which is a pre-planned treatment of the patient. In this system patient is considered as a client whose health is continually monitored and evaluated and treated accordingly. Health Maintenance Organizations (HMOs) are examples of managed care system. This concept has entirely changed the healthcare scenario. The role of phy sicians and nurses has been redefined. According to World Health Organization, a commendable health care system is one which provides quality services to people in need. The components of a good health system vary from country to country, however the basic mechanisms like, adequate financing, well-trained physicians and medical staff, reliable information on which policies are made, fully-equipped facilities and delivery of quality medicine and modern technology to the patients should remain the same everywhere. The health care system of United States is one of the best systems in the world in terms of funding and modern technology usage but it is also characterized by a lack of central planning, direction and control. The system is a blend of public sector and private health providers. This system is highly decentralized and complex and on top of that costly services make it quite unaffordable for a certain population. Two major health insurance programs Medicaid and Medicare are f unded by the federal government. Medicaid is funded jointly by federal government and the states and it serves the low income and poor people. While Medicare is a federal government funded two-part program that cover hospital costs and few nursing home services and physician services respectively (Nagelkerk, 2006). Despite these efforts the rising health care costs have proved to be a significant hurdle in the betterment of the system. Many problems are faced by the U.S healthcare system, a major problem being the uninsured public. According to U.S Census Bureau the number of uninsured rose to 49.9 million in 2010 from 49.0 million in 2009. Another problem which we will study is the nursing shortage. The term refers to a situation where the professional nurses’ demand exceeds the supply. The phenomenon is observed both nationally and globally and in the developed and developing countries. The shortage can be measured in terms of nurse-patient population ratio. Nursing: A Brie f overview Caring for the sick and injured has been a centuries old tradition. It has evolved throughout the years from a domestic work to professional arena. Care is practiced in different ways in the world but United States has set an example for the rest of the world. Before we discuss modern care we take a look at the nursing history in the States. Nursing is an integral part of any health care system and it plays a significant part in attaining patient care outcomes. The nurses care for the patients, work in collaboration with the medical team and assess and treat the problems. The nursing work force mainly includes director of nursing (DON), registered nurses (RNs), Licensed practical nurses (LPNs), certified nurse assistant (CNA) and other staff such as aides, orderlies and personal care attendants (Buerhaus, Auerbach, & Steiger, 2009). Following chart shows the percentage breakdown of nursing facility employees in various categories (American Health Care

The Effectiveness of Project Team Development

The Effectiveness of Project Team Development There is no doubt that project teams is playing increasingly important role in most of the successful project. To achieve this, building an effective team is basically start from the first day of the teams existence. Project manager plays important task that carries responsibilities to manage and develop commitment of every team members. It is important for project manager to have adequate knowledge to manage teams as it is a complex mix of human resources management, people skills, technical understanding and process facilitation. It is crucial for every project management to have dynamic project teams which are not static and unchanging. There are also several barriers exist in building a project teams that need to be concerned as this will affect the results of the project and the effectiveness of team development. This paper is critically emphasizes on the team building with project team development stage model, characteristic of effective team members and case study in regard to project adaption and success. The structure of the paper will begin with the introduction, terminologies section, characteristics of effective team members, team development stage, case study and review if the case studies as well as conclusion as the summarization of the whole topic. Keywords: project team, team building, project manager, team development stage model, effectiveness 1.0 INTRODUCTION Initially, a team is highly necessary to run a project. Without an effective project team, it is hardly to achieve projects goals. In fact, one of the hardest aspects of project management is managing the individuals on the project. There are various formal and informal roles that team members play in creating successful projects and also the potential for a single person to play more than one simultaneously on smaller projects (Cooke and Tate, 2005). In short, every team in project has their own responsibilities that carry both formal and informal task and sometimes they are also assigned to run in big or small project concurrently based on the project requirements to achieve project successfulness. Besides, to manage a project team, it is highly necessary to have a good leadership or a project manager to control project by leading, inspiring and motivating all project team to greater heights for project success. As stated by Bubshait and Farooq (1999), successful project managers recognize the importance of people because they know that without people, no project would exist in the first place. They also indicated that people or team are the initiators, developers and users of project. It shows here, team is plays an important role in completing quality and innovative project in order to produce a good result within the budget and on time. 2.0 DEFINITION OF KEY TERMS: TEAM, PROJECT TEAM AND TEAM BUILDING Numerous case studies and articles have been written about team and team building in the project management. There are various definitions of team from many authors with different point of views. According to Harodyski (1995), team is a group of people that cooperate and work together to achieve a given set of objectives or goals. As suggested by Bennett (1994) that written by Ingram et al., (1997), team is special types of group that voluntarily ties the members towards held objectives. For Baca (2007), the people who will create the product of the project is called team member. While Bushait and Farooq (1999), defined team as a collection of individuals with different needs, backgrounds and expertise. Both of these authors also stated that team is cross functional which is a matrix and project management organizations characteristic. Based on Eskerod and Blichfeldt (2005) article as taken from Katzenbach and Smith (1993), team is a small number of individuals that have complementar y skills and they are committed to a common purpose, performance goals as well as approach for which they hold themselves accountable. Based on the above definitions, basically team term brought similar concept, where it carry out defined, a group of people with specific skills and knowledge and is assigned to run a specific task in achieving goals and objectives. Every author has their own point of views to describe it based on their different areas of expertise and experiences. Project teams are essential in performing for both big and small project. The definition of project teams as pointed by Zwikael and Unger-Aviram (2010) are unique type of teams. Project teams are now seen as a popular organizational form under environments where coordinated actions directed towards a non-routine goal are needed (Rikards and Moger, 2000). Project teams who work well together are able to contribute and focus on the work and also lead to the production of work on time, meet a budget and of course achieve projects goals. In addition, project team is a group of people that is responsible and assigned to perform task and producing deliverables based on the project strategy. Team building is acceptable by the belief that there is a family life bond within working groups that can be used for the companys benefit (Beyer and Trice, 1987). In addition, team building is the process of identifying members in project. This process is significant to select appropriate people to handle and perform the project plan. In a certain circumstances, sometimes the team building process will starts before project approval, however full team only can be developed after the project is formally approved and organizational and contractual pattern are identified (Diwan, 1999). For Johns (1995) team building is the action taken by project manager, team members and line management to enables a group of people to perform a good job, to think and act together. 3.0 CHARACTERISTIC OF EFFECTIVE TEAM MEMBERS The people side of project management is very important for project success and in order for project to be successful, every individual including team leader or project personnel need to be properly managed. This aspect is crucial because it will lead them to contribute towards the achievement of the project goals. In the other hand, with good team members, it brings benefits including increased involvement, development and empowerment of employees, expand the use of employee skills and capabilities, helps in decision making process, growing in creativity and work processes and performance may improve. Creating effective team members is crucial. They are several characteristics of the effective members that are normally contributes to the successful of project. Have ultimate goals and plans A clear defined mission and goals encourage the team members to share purpose and common goals and willing and strive to achieve the goals and plans. Besides, team members are willing to put on their head the teams goal with their goal are basically same. Listen to everyone in the team Be an active listening, attempt to understand and concentrate to other teams point of views. Think and make a best option before making a decision. This criteria help team to identify and clarify the alternative ay to overcome problem arises. For team leader this criteria is very crucial because it is the aspect where the project can be perform without any unsatisfied matter occurs. Have positive relationship among team members By having good relationship with other team mates, the team will easier to perform their job as this can assist them in contributing ideas such as brainstorming process and run the project together with easily and effectively. This characteristic is applied for both team project and project manager or team leader. Overcome problems and make decision on time To be an effective team member, he or she is required to solve a problem and make a decision on time. With the knowledge and skills, they should have a capability to identify the best solution for any problem arises and able to rectify the problem and also faster make decision to prevent any project delays and cost overrun. Able to manage conflict An effective team is able to identify and resolve to any problems exist in timely during the project running. They also are capable to minimize conflicts as much as can to ensure the project will be completed on time. To achieve this criteria, the organization is suggested to provide a training program to all the teams. This will assist them in managing conflict effectively and efficiently. Facilitate productive meeting Team leader is efficiently, productively and has the skill in well managed meetings that efficiently use team members time. The productive meeting is important in identifying any potential risk and problems that may occurs during the implementation project. Besides by having meeting, all the team members may share and contribute ideas pertaining to achieve successful project. In addition through meeting, team members can develop plan and generate recommendations to stay on project track or schedule. Know roles of team members An effective team member also understands the roles of every team members in the project. By understanding every responsibility of every team members, it will assist the team to clarify other team members job and assist them to search a respective team according to a specific skills and knowledge if any problems occur that required other teams skills and knowledge. Operate in productive manner This criteria means, team members have the resources and skills to success and they are able to complete their works on time and facilitate quality and quantity measures to evaluate overall efficiency and effectiveness as well. 4.0 TEAM DEVELOPMENT STAGES There are number of models that describe the stages that teams go through on the way to be productive. One of the most famous ones has self-explanatory tittles for the stages. This team development stages model was developed by Bruce Tuckman in the 1970s. This model can be as levels of guideline for every project manager in managing their project team effectively. Other than that, by understanding and applying this practice into project management, it assist the team leader or project manager to have a better preparation to detect any changes or problem and take appropriate action to help the team. This model can be applied in order to see how teams are emerging and explain how behaviours and feelings of each team members at any given time. At first the Tuckmans model in 1965 consists of four (4) important stages, there are, forming, storming, norming and performing. After subsequent review by Tuckman and Jensen (1977), the stages have added to another important element known as adjourning as represented in Figure 1. C:UsersIJAPicturesTuckmans model diagram_0.JPG Figure 1: The stage model of team development by Tuckman and Jensen (1977) Source: Joanne Leith. The importance of team. Retrieved on 9 August, 2010 from http://www.teamworkspacific.com.au/article/importance_of_teams 4.1 Forming Stage Forming is the stage where all the team members meet and begin to work with each other for the first time. In this stage, teams are concerned to study the boundaries of acceptable team behaviour. This is a platform where the team come together with a sense of anticipation and commitment (Bubshait and Farooq (1999). In the other hand, this is a stage of transition from individual to become project member status and they look to the leader or other individual that are responsible to give them some clear picture in order to assist them get started (Lewis, 2007). This can be considered as a one way communication which is from leader to team member. Forming stage is quite stressful since everyone is new in the project and sometimes they even did not know each other. Due to this fact, team effectiveness is actually moderate and their motivation is high because they are being selected to be part of the team (Bubshait and Farooq, 1999). This will become more stressful if the project manager is not suitable with the project teams and this will automatically impact the process in performing and producing efficient work. Forming stage consist of several feelings and behaviours as represented in the Table 1. Table 1: Feelings and behaviours in forming stage Feelings Behaviours Excitement, anticipation and optimism Pride in being chosen for the project Initial, tentative attachment to the team Suspicion, fear and anxiety about the job or if they will be accepted by others Attempts to define the task and decide how it will be accomplished Attempts to determine acceptable group behaviour and how to deal with group problems Decision on what information need to be gathered Lofty, abstract discussions of concepts and issues; or for some members, impatience with these discussions Discussion of symptoms or problems not relevant to the task; difficulty in identifying relevant problems Complaints about the organization and barriers to the task Posturing, external and internal behaviours Source: Tuckmans stages of team development. Retrieved on 12 August, 2010 from http://jhartleyconsulting.com/files/Stages_of_Team_Development.pdf 4.2 Storming Stage Storming stage is challenging compare with the forming stage where this stage involves views and disagreement from team members instead of listening only to the instruction from the team leader. Based on Mackintosh (2007), storming stage sometimes will cause conflicts or problems among the team members even the forming stage was run and planned well. While for Rickards and Moger (2000), storming is the stage that involves personal conflicts. During this stage, team leader is holding heavy task where their leadership quality is tested (Mackintosh, 2007). As point of view by Bubshait and Farooq (1999), this stage involves various views by team members and they are dispute each other and this factor causes fail to the motivation and effectiveness of the team. However, even the arguing among team members emerges through this stage; it is also a beginning for them to know each other. Table 2 shows the feelings and behaviours occur during the storming stage. Table 2: Feelings and behaviours in storming stage Feelings Behaviours Resistance to the task and to suggested approaches different from what they know Sharp fluctuations in attitude about the team Powerlessness. Arguing among members even when they agree on the real issue. Defensiveness and competition; factions and choosing sides. Questioning the wisdom of those who selected the project and appointed the other members of the team. Establishing unrealistic goals; concern about excessive work. A perceived pecking order, disunity, increased tension, and jealousy. Source: Tuckmans stages of team development. Retrieved on 12 August, 2010 from http://jhartleyconsulting.com/files/Stages_of_Team_Development.pdf 4.3 Norming Stage This stage where the team is starting to work well together and the goals, roles, strength and weaknesses are identified. The team members are unite and agree on the principles cooperation, even though there are several opinions from many team members. During this stage the level of motivation and effectiveness start to increase (Bubshait and Farooq, 1999). According to Mackintosh (2007), norming stage is the stage that covers rules and regulations where through this stage, all team members are aware each other and it produce strong relationship among them. Besides, conflicts on emotion are also reduced and team members become more cooperative instead of having competitive relationship. As shown in Table 3, it listed the feelings and behaviours that might be occurred during norming stage. Table 3: Feelings and behaviours in norming stage Feelings Behaviours A new ability to express criticism constructively Acceptance of membership in the team Relief that it seems everything is going to work out. An attempt to achieve harmony by avoiding conflict. More friendliness, confiding in each other, and sharing of A sense of team cohesion, a common sprit and goals. Establishing and maintaining team ground rules and boundaries (the norms). Source: Tuckmans stages of team development. Retrieved on 12 August, 2010 from http://jhartleyconsulting.com/files/Stages_of_Team_Development.pdf 4.4 Performing Stage The fourth stage is performing, which all team members are focus on the team goals and they are begin to create strong relationship and built trust each other. Due to this fact, they may reach a high level of motivation and effectiveness (Bubshait and Farooq, 1999). Through this stage, all team members are aware and concern on the strength and weaknesses of the project and they are also work towards on that as they know rewards will be given after completion of project. According to Mackintosh (1997), the team members are comfortable in this stage compared with the storming stage where this stage is a platform that leads for the personal growth among the team members. During performing stage, project managers role become easier because the team members understand what their roles are and they are complete self-directed. The table 4 shows, the feelings and behaviours in performing stage. Table 4: Feelings and behaviours in performing stage Feelings Behaviours Members having insights into personal and group processes, and better understanding of each others strengths and weaknesses Satisfaction at the teams progress Close attachment to the team The team is now working effectively as a cohesive unit. You can tell when your team has reached this stage because you start getting a lot of work done Source: Tuckmans stages of team development. Retrieved on 12 August, 2010 from http://jhartleyconsulting.com/files/Stages_of_Team_Development.pdf 4.5 Adjourning Stage In other different team development model, adjourning term is also known as mourning. Adjourning is final stage where team reaches some kind of termination level which is through accomplishment or membership disruption (Rickards and Morger, 2000). In this stage, team members are brief and share the improved process and successful project as well. They also may feel a sense of loss. In a certain circumstances, if a new team is join the project team, the whole team will regress from the beginning and they have to act faster to get back on track. 5.0 CASE STUDIES This section will be presented two cases studies about project team members with adaption of team development stages model in regard to project success. 5.1 Case study 1 Team moving through five stages: A case study This case study is about the project to improve the performance of company in managing and supporting their client base. The project was leaded and guided by a leader from Chicago office that has 15 years experience as a project manager or team lead managing process improvement projects. This case study was performed by five individuals with different skills, abilities and experiences from various of large service organization. The project was conducted in virtually by using SharePoint site as a medium to interact each other. However, the team leader also has preferred to meet face to face initially. This case study was used the Tuckmans model (1977) as a guideline for the team leader to understand how to build an effective team and also to continue to manage and motivate them in order to achieve project goals. The findings of the case study will be discussed further. The project was begun with the initial meeting as a first stage in Tuckmans model known as forming stage. In this stage, all the team members were assembled and the meetings covered all essential aspects before the project get started. Based on first stage, it was found out that all team members were excited and ready to get work together. They were agreed to every task which has been assigned to them. Overall the first stage was in charged successfully by the team leader. The project work were begins in the storming stage. During this stage, arguments and conflicts between team members were emerged. This was happened due to unsatisfied of job assigned and issues of seniority or experiences for particular job aspect. For this reason, the team leader was initially taken a side role to overcome these conflicts. She managed to solve the problems with a win win situation for every of her team members by selecting the best options. During the norming stage, everything was going smoothly. There were still have some arguments and disagreements but they were managed to overcome it without relying on the team leader to make decision for them. They were also become a teamwork and enjoy working with each other. After the completion of norming stage the fourth stage was taken place, which is performing stage. By this stage, the team has reached high performing team. It was discovered some of the team members have developed their skills and leadership roles with the support of others. The project was completed on time within the budget. Besides, the team leader was rewarded by the team because of her good performance in managing the project. Finally the project was achieved it goals where their internal customer was pleased and there is improvements in how the company supports its clients. The team has united together to do some evaluation on the project done that including documenting best practices and way to improve any mistakes done during the implementation of project. 5.2 Case Study 2 Diamonds in the rough: A case study of team development across disciplines, distances and institutions The purpose of this case study is to explore team building strategies by describing reactions of every respective faculty to their participation in a multi-disciplinary, multi-institutional team project which performed via distance. The team members of this project consist of five different universities and from various agriculture disciplines. The teams were gathered to develop online educational resources. The results of the case study that adapted into team development stages are presented in Figure 2. C:UsersIJAPicturesteam development stages.jpg Figure 2: Integration of Tuckmans (1965) Small Group Development Model into One Teams Experience Source: Susan Fritz et al., Diamonds in the rough: A case study of team development across disciplines, distances and institutions. Retrieved on 9 August, 2010 from http://www.joe.org/joe/2005october/a4.php From the findings also, they have pointed out several important elements that engaged during the execution of project. There are motivation for collaboration, timeline, evaluation and rewards, team leader, cohesion, interaction, trust and some miscellaneous findings. In the forming stage, it was discovered that two of team members were inspired to sharpen their skills and motivated to further their knowledge in Web-based instructions. While there were some questioning of team objectives occurs during the storming stage due to the progressed and deadline of project were frequently unmet. There were also an issue pertaining to the evaluation and rewards where they were concern over little support from their team mates and administrators as well. During this stage, the team leader was strict to ensure the team members keep on track. In the norming and performing stages, the trust and friendship were built. It was found out that there were distances separating them in running the project but the team grew from a mere work group into a synergistic individual. Finally the website containing lesson was completed. As overall, the teams were satisfied with their job as well as the supervisory of their team leader. However the lack of supporting from home departments was still remain major issue. 6.0 REVIEW OF TWO CASE STUDIES The findings for both case studies almost the same where the results appear the same meaning. In case study 1, Tuckmans model (1977) was used while for case study 2, Tuckmans model (1965) without adjourning stage was applied. Basically, team leader is plays important role in developing an effective team member through team development stages. Table 5 presents comparison with several key elements that engaged in both case studies. Table 5: Key elements KEY ELEMENTS CASE STUDY 1 CASE STUDY 2 Motivation level The project motivated the team members and the team members were developed their skills and applied a leadership roles during the implementation of project. The team members were inspired and motivated to collaborate with each other. Timeline pressures Project schedule issue was emerged due to the decision made by only two team members. Timeline of the project was questioned by the team members due to the project progressed and deadlines were seldom unmet. Evaluation and rewards The team were acknowledged by project sponsor and other executives. The team felt little support from their colleagues and administrator. Leadership style Team leader has encouraged and brought the team together for a face to face meetings on monthly basis Team leader has created a working environment conducive to collaboration. Cohesion and interaction The team members communicate each other via communicating on email, via instant messaging, on Twitter or over the telephone. Many team members still missed the interaction of face to face meetings. However, the scenario changed slowly as team reached the norming and performing stages. Trust The team share knowledge with other team members The team members felt comfortable with others to be honest about their opinions and ideas 7.0 CONCLUSIONS It can be concluded that effective team members only can be developed through considerable structure (Lewis, 2007). This structure known as team development stages, where these stages represents the team members are working together, strengths and weaknesses of each team are tested, compliant to the rules and behaviours of the team, working as a unit while working independently and shifting onto other teams (Ruppert, 2009). While developing an effective project team members, the team leader also need to have multiple skills in managing those people in the project management. According to Tan (2004), due to multi-disciplinary and multi-dimensional of project management, a good manager is an individual that can wear multiple hats and work in any discipline of development to plug up any shortcomings. For team members, it is necessary for them to fulfil the effective team member characteristic in order to achieve project goals on time and within the budget besides preventing a conflict w ith others in the same project.

A Case for Open Borders Essay -- Human Right Argumentative Persuasive

A Case for Open Borders In his address to a joint session of Congress on January 8, 1918, President Woodrow Wilson declared freedom of the seas in times of peace and war. Looking back, it seems ridiculous to think that anyone could challenge the right of individuals to navigate the oceans freely. However, fast-forward to the twenty-first century and we can see an analogous debate over the issue of immigration rights, with territorial borders being the main topic of discussion. The system of immigration in the United States is complex and oftentimes restrictive, and while revisions to the system usually include increasing quotas or other solutions to let in certain groups of people who deserve special consideration (such as those whose skills are needed in a particular field), they are still very limited solutions. The obvious question that arises from letting in some people but not others is that of fairness. Is the accident of birth or luck of being in the right place at the right time enough to justi fy restrictive citizenship to a select few? I would argue not. I intend to argue that a commitment to human rights entails the position that borders ought to be open in order to guarantee other human rights, especially the right to migrate. In order to understand why a commitment to human rights includes a commitment to open borders, we must understand why the right to migrate is a human right. This can be proven with a simple logical syllogism. We must first assume that all individuals have equal natural rights in the state of natural law, or the very primitive sense of man before government was formed. Locke defines the state of natural law as â€Å"a state of equality†¦ all the power and jurisdiction is reciprocal, no one h... ...of his statement, however, Walzer is claiming that fulfilling this urgent need (or right) should only be done if it is convenient to the other party. This is a contradiction to human rights, as they should be inherent and not â€Å"granted† but demanded â€Å"without embarrassment or shame† . Indeed, restricting borders is the act of convenience and if it is done for reasons other than emergencies (such as possible spread of infectious diseases) is a violation of a human being’s right to migrate. Giving rights to citizens for the sole reason of being citizens and denying citizenship to some effectively denies rights to that group. Human rights belong to individuals, not citizens. Humanity has faced so many obstacles to human rights that it will surely transcend lines on maps, because we are committed to human rights and this entails a commitment to a position of open borders.

Indian tribe`s inherent sovereign authority Essay

INTRODUCTION: U.S Chief Justice John Marshall, in his milestone trilogy of   his decisions on Indian law in 1] Cherokee Nation v.Georgia 2] Johnson v.Mclntosh and 3] Worcester v. Georgia framed the foundation for Indian law viz. Indian tribes are under the trust protection of the federal government which stands good even today. As such, many tribes are enjoying the quasi-sovereignty status and have organized their own governments together with functional legislative, executive and judicial branches. Indian tribal courts function more or less in their Anglo-American colleagues and offer an intra-tribal tool for dispute resolution. The Supreme Court held in â€Å"Oliphant v.Suquanmish Indian Tribe â€Å"that for want of congressional action, tribes lacks inherent jurisdiction to punish outsiders.   Congress yet to legislatively recognize the Oliphant by extending jurisdiction to tribal courts to try criminally any non-Indians for the felony committed in the Indian regions This research paper will divulge how this jurisdictional predicament causes a practicable problem in United States Judiciary and possible ways and means to address the issue. INDIAN SOVEREIGN AUTHORITY TO EXERCISE CRIMINAL JURISDICTION OVER NON-INDIANS- AN ANALYSIS: Crimes against native Indians are unleashed by non-Indians on daily basis. Crimes committed by non-Indians are cognizable offence that can be prosecuted only by federal district court by federal prosecutors. Unfortunately, many federal prosecutors have abandoned their duty to pursue crimes in Indian country committed by non-Indians due to overburden. The emergence of the Indian courts owed its origin to the tribal justice systems that predate the European settlement of America. On the basis of the age old convention, Congress has recognized the sovereign authority of tribes to maintain their own courts. But, Congress has limited that sovereignty as tribal courts have little jurisdiction over non-Indians .This is mainly intended to ensure that Indians are guaranteed the same constitutional rights as other Americans. As a result, tribal courts over the last two decades have lost their elite authority to try cases involving grave felonies and to enforce criminal penalties on non-Indians. In the year 1990, Supreme Court stripped Indian tribal courts of the power to hear cases involving Indians of a different tribe. But the Senate Select Committee on Indian Affairs later voted to reinstate that right to tribes for the next two years. [1992 to 1994]. In 1968, Congress established the Indian Civil Rights Act to offer on tribes requirements akin to those found in the Bill of Rights. There are about 147 tribal courts that exercise jurisdiction over nearly two million Indians in the United States in the year 1992. Tribal courts have exclusive jurisdiction over civil cases that arise between Indians on the reservations. But, if the plaintiff or defendant is other than Indian, state courts may have a simultaneous or even exclusive exercise rights to hear the case. In, â€Å"Oliphant v.Suquamish Indian Tribe† , 435 U.S, 55 L.Ed , 2d , 98 S.Ct, 48 U.S.L.W .4210 it was held that no inherent rights is ascribed to any Indian tribal courts to prosecute and punish non-Indians for offenses committed on Indian lands. It was the contention of the Indian tribes that jurisdiction is automatically conferred on them for trying any offenses of criminal nature on non-Indians in tribal lands as Supreme court made an opinion describing Indian tribes as â€Å" quasi –sovereign entities’. However, Supreme Court has observed in the present case that whenever efforts have been exercised in the past, it has been observed that there exists no jurisdiction. The tribal is having no authority to try non-Indians as it was established by earlier judicial opinions and also according to the general view of the executive authorities. But Judge Marshall, joined by the Chief justice dissented in the above case by taking the view that the power of preserve order on the reservation was a sine quo non of sovereignty that the Suquamish originally possessed. He further noted that in the absence of positive extraction of such rights by any treaty or statue ,the tribal enjoy as a necessary aspect of their sovereignty the right to try and punish all persons who commit offenses against tribal law within the reservation. In the past years, several Supreme Court rulings have drastically delineated the power of American Indians to govern their territories. The High Court ruled in 1978 that tribal courts cannot prosecute whites or other non-Indians for some felonies committed on tribal land. In one case, the justice held that a tribal court has no jurisdiction over crimes committed on that tribe’s land by members of another tribe. There are certain rulings that restricted Indian authority in taxation and zoning. Tribal leaders argue that U.S government apparent move away from recognizing ‘inherent sovereignty â€Å"of the Indian nations, which predate the arrival of whites to this continent makes them to worry. Though, the tribal leaders were not asking to overturn the Supreme Court’s ruling in Oliphant v. Squamish Indian Tribe but they were demanding to overturn the High Court rulings in Duro V. Reina, which prohibited the Salt River Prima-Maricopa Indian Community in Arizona from prosecuting on a misdemeanor of weapons charge by an Indian man who lived in Salt River but was a member of a tribe in California. Thus, the rulings left a judicial void in states that do not assume jurisdiction over such misdemeanors and Congress temporarily restored jurisdiction to the tribes during 1990. 2.1 CRIMINAL JURISDICTION TO TRY NON –INDIANS TO COMBAT TERRORIST THREAT: In their effort to revive an amendment to the Homeland Security Act that would offer criminal jurisdiction over non-Indians to combat terrorist threats on Indian lands. But opponents were of the view that it will topple a 25-years –old Supreme Court decision â€Å" limiting and defining Indian sovereignty â€Å" and could lead to tribal power grabs which may affect of millions of non-Indians. Further, there is a proposal to reclassify the tribal governments as â€Å"states â€Å"under HSA law which facilitate tribes to receive sufficient federal funding and technical expertise to play a meaningful role in fighting terrorism. During 2003, the Senate Indian Affairs committee tried to add some amendments to homeland security bill but it was not successful as some group hit the panic button claiming that amendment would authorise control over all people for all purposes. The vested group fears that there would be other jurisdictional grabs by the tribal governments and tribes could exert authority over non-Indians by ignoring the fact that non-Indians cannot vote in tribal elections. The proposed amendment which has been officially designated as S.578 and the department itself has supported the first 12 sections of the amendment or those that would authorise the reclassification of tribal governments as states [not local government] in dealing with terrorism. But as per Heffelfinger, who is also chairman of the Attorney General Advisory Committee’s Native American issues subcommittee commented that the departments itself is not supporting section 13 , which would offer tribes the power to â€Å" enforce and adjudicate violations of civil , criminal and regulatory laws committed by any person on land under the jurisdiction of an Indian tribal government. But, as per 2000 census, non –Indians account for more than 48% of reservation residents who live on or near Indian reservations from discrimination â€Å"by state, federal or tribal government or their policies. Some critics view the proposed amendment to the Homeland Security Act violates the 1978 â€Å"Oliphant v.Suquamish Indian Tribe† rulings where Supreme Court observed that tribes do not have criminal jurisdiction to try and punish non-Indians. In real situation, the state or federal government is toothed with the power to arrest and try criminal offenders who are not Indians on Indian lands.   In other words, there is no need to arm the tribal government to initiate criminal proceedings on non-Indians on tribal lands as the state or federal government has adequate power to execute the same. [1] 2.2 OVERBURDENS OF FEDERAL COURTS: One the problem faced by tribal is that some of the felonies committed by non-Indians on tribal have been let off due to overburden of cases in federal courts and Supreme Court judgment which   had declared that non-Indians can not be prosecuted by the tribal courts. For instance, military courts do not have jurisdiction to prosecute the civilians who have infringed military’s interest. In such cases, â€Å"special assistant United States attorneys† [SAUSA’s] have the authority to prosecute such violators who have committed crimes against military personnel and property. The same strategy can be followed in the tribal cases also. Thus, the department should authorize Indian prosecutors to sue in the federal courts for the crimes committed by the non-Indians within Indian country.   2.3 USE OF MEHTAMPHETAMINE: Another issue encountered by the American tribes and tribal groups is their relentless fight against use of methamphetamine which they regard an epidemic on tribal lands. Lummi Nation of Washington, an American tribe is waging war with meth by imposing rigorous punishment to offenders. Some tribes are addressing the issue through new drug courts. Methamphetamine production and trafficking on tribal reservation with huge geographic areas or tribes adjacent to the U.S. –Mexico border is rampant. As the tribal states enjoy sovereign status, criminals are generally not subject to state jurisdiction in most of the cases. As the local law enforcement authorities have no jurisdiction in Indian country and tribal law enforcement agencies take the responsibility to enforce the relevant law enforcement functions. To combat the use of meth in tribal areas, Indian Tribes Methamphetamine Act of 2007 and Indian Tribes Methamphetamine Reduction Grants Act of 2007 were introduced in January 2007.   The legislation would permit Indian tribes to be eligible for funding through the department of Justice to exterminate the scourge of meth production, sale and usage in Native American communities. Enough safeguard measures are built in to avoid any potential misrepresentation of the above legislations. It has been clearly stated in section 2 [a] [4] of the bill , the Department of Justice’s Bureau of Justice Assistance is toothed with power to award grant funds to a state ,territory or Indian tribe to â€Å" explore ,detain and indict individuals â€Å"   involved in illegal meth activities. Further, it does not authorize a grantee state, Indian tribe or state to pursue law enforcement activities that it otherwise has short of jurisdictional authority to pursue. 2.4 PUBLIC LAW 280 Normally, states do not have jurisdiction over the internal legal of the sovereign tribal governments. Under certain circumstances, Congress has extended special exceptions this general principle. Under Public Law 280, six states were given exclusive jurisdiction over the Indian country within the state borders. Thus, states like New York, Kansas have the exclusive right over to prosecute the crime committed within the Indian country as the federal government has ceded its jurisdiction. Federal government ceded their prosecuting authority to states in these states. But it has created unfavorable situations as most states are reluctant and intransigence to cognize crime on Indian reservations seriously. Many state district attorneys are reluctant to exercise their limited resources on Indian crime. Thus, Public Law 280 has resulted in lawlessness in almost all Indian reservations. Ceding the federal authority over Indian territories to states has ended in a lacuna. It is painful to note that even if a state government has inherent authority in a particular Indian region, it sometimes lacks institutional strength to exercise authority in that region. Further, there exists always simmering tension between Indians and state governments. It is to be observed that since Worcester v.Georgia, states have no authority or very little authority over Indian country. The real reason for tension between tribal and state government is the criticism of action of state police department as they always rubbing on the wrong side of the tribal cultural practices. A study conducted by Carole Goldberg Ambrose[2] revealed that relationships between state and tribal are often got off to potholed and sometime unfeasible. Frequently, California tribal members complained that when state police tried to solve the tribal problems, they often failed as they were disrespectful to tribal sovereignty, lacked cultural compassion and always deployed excessive force. Further, if the alleged offence is a violation of generally applicable federal statutes like sedition and mail theft, the federal government is alone having exclusive jurisdiction to try the offence and natives are not exempted from such offence 2.5 OLIPHANT V. SUQUAMISH INDIAN TRIBE’- AN ANALYSIS: In, ‘Oliphant v. Suquamish Indian Tribe’ case, Supreme Court held   that as the tribal court lacks inherent jurisdiction to prosecute non-Indians for the felonies committed on Indian jurisdiction and recommended that it is the Congress to decide whether Indians tribes should finally be authorized to try non-Indians . Thus, Supreme Court decision may not be final and binding since Congress retains authority in exercise of its plenary power. Oliphant case centered around the incidents that happened on the Suquamish Reservation located near Port Madison, Washington. Indian tribes had waived all of their land claims in Washington state under the Treaty of Point Elliott which was signed in 1855 and accepted to settle on a 7300 –acre reservation located near Seattle. The tribes adopted a criminal code in 1973 and any infringement of tribal’s criminal code is prosecuted in the Suquamish Indian provisional Court. It is the claim of the tribes that they have jurisdiction to try non-Indians for any violation or infringement in their land. In support of their claim, they have displayed billboards in prominent places at the entrances to the Port Madison Reservation warning the public that entry onto the Reservation would be deemed implied consent to the criminal jurisdiction of the Suquamish tribal court and one may hilarious to note that Suquamish tribal specifically excluded non-Indians from serving on tribal court as juries. Supreme Court had placed the burden of proof on the tribe to substantiate its contention of jurisdiction. The tribe argued that its jurisdiction over non-Indians emerged involuntarily from the Tribe’s retained innate powers of government over the Port Madison Indian Reservation. Tribe has argued that flow of criminal jurisdiction is automatic over all persons on a reservation –Indian or non-Indian and is arising out of a ‘sine qua non ‘of tribal sovereignty. Supreme Court has rejected the argument of tribal claiming inherent jurisdiction on multiple grounds. Supreme Court concluded that Congress had positively expressed its intention not to grant Indian tribes the power to punish non-Indian after thoroughly examining the opinions of attorney generals, history of treaties, legislative history and district court decisions. Supreme Court once again asserted that Congress which is being law making authority is having sole discretion to decide whether the tribal can prosecute non-Indians for felonies in their land. In the Oliphant’s case, Justice Marshall joined by Chief Justice Burger took the opposite view as the Marshall believed that tribes processed the innate jurisdiction over non-Indians and that congressional action was necessary to strip off Indians of that jurisdiction. Oliphant decision was a major set back to Indian community claim of sovereignty in the following respect: It publicized that Indians were toothless to dissuade non-Indians from committing crimes against them. Tribes viewed that Supreme Court decision had indeed handcuffed their law enforcement activities. Tribes viewed the decision as a major blow on their powers to safeguard their own people. Decision culminated to an awkward situation to tribes by restricting their power to judge, prosecute or punish with tribal law and tribal courts, the non-Indians who commit felonies on tribal land. 2.6 DURO V.REINA- AN ANALYSIS: Duro v.Reina is a subsequent case after Oliphant. This case has further minimized the power of the tribal court to punish â€Å"outsiders â€Å", people who are not members of the tribe. Albert Duro was the member of one sect of Indian tribe namely Torres-Maritinez Band of Cahuilla Mission Indians. It was alleged that Duro killed a boy on the Salt River Indian reservation. Salt River Indian tribes attempted to prosecute Duro in their tribal court. The federal district court restrained the Salt River Prima –Maricopa Indian Tribe to prosecute Duro who belongs to Torres tribe. Thus, Supreme Court also concurred the federal district court view and held that Indian tribes did not have jurisdiction over Indians who were members of other Indian tribes. This made the Congress to exercise its plenary power and Supreme Court decision was amended or altered by the Congress through amendment U.S.C 1301 to authorize the tribal courts to exercise â€Å"criminal jurisdiction over all Indian and not just member of Indians. Critic’s view that Supreme Court had crushed the Indian rights is a bit of hypocritical as the Congress can always make use of its plenary power –a-type of legislative veto –to correct the intrinsic relationship as articulated by the Court. 2.7 ANALYSIS OF SURVEY OF U.S. JUSTICE DEPARTMENT: According to survey conducted by Justice Department of U.S., American Indians suffer from certain violent crimes like robbery, rape at a rate twice the national average. About 30,000 crimes of violence are committed against Indians each year. Native Indians complained that their attackers were under the influence of alcohol or meth at a greater than the national average. It is alarming to note that Indians were fatalities of interracial violence at a startling rate of 72% and 91% of sexual assaults against the tribal members. Further, offenders against Indian tribes were about 70% It is to be noted that a crime committed against an Indian by non-Indian which occurs outside of Indian country is subject to state jurisdiction and therefore is not reported in the above statistics. Thus, the above statistics reveal a disturbing picture of crimes against Indians and Indians face a disproportionately higher rate of violent crimes than any other races in U.S.A. For instance, Indian victims are reporting about 30,000 possible violent crimes to police each year and out of this, police could not solve more than 28,000 incidents or about 94% of the crimes reported remain uninvestigated or go unpunished. Further, Indians are also affected by the property crimes and victimless crimes committed by the non-Indians and these were not included in the above statistics since these were of civil nature.   The main reason for such alarming rates of criminal reports are being uninvestigated is mainly due to great distance between federal courts and tribes and overburdened law enforcing department. One of the allegations against Indian judiciary is that Indian courts do not bestow equal justice to non-Indians. For example, in Oliphant case, the Court took note of the fact that non-Indians were excluded from occupying juries’ role in Suquamish.   Thus, a doubt arises whether non-Indian constitutional right to be tried by an Indian jury could deliver unquestionable justice to the accused. The Indian Civil Rights Act of 1968 ensures basic due process protections to Indians who are tried in tribal courts and to ensure non-Indians offenders rights, the same process of protection can be extended to non-Indians. As such, non-Indians allegation that tribal courts are iniquitous may not hold good. 2.8 POSSIBLE SUGGESTIONS FOR AVOIDING OLIPHANT TYPE OF INCIDENTS IN FUTURE: Federal court is already overburdened with cases like violations under a]Patriotic Act , b]Money Laundering Act 3] RICO 4] Narcotic Offenses 5] Interstate Crimes 6] National Security Offenses 7] Stock Exchange Commission 8] Other type of Crimes .Whereas , offenses committed by non-Indian in tribal areas are of nature of minor offences like 1] reckless or speed driving 2] drunk driving 3] petty assault 4] petty theft 5] Vandalism 6] Littering   7] Parking Violations . Naturally federal prosecutors do not give more importance to these offenses and hence lion’s share of these offenses went unpunished. To instill confidence on tribal community, Congress should seriously think of creating exclusive federal courts which may be designated as â€Å"special courts â€Å" for prosecuting offenses committed on tribal by non-Indians in tribal areas.   For instance , in the District of North Dakota , Chief Judge Rodney Webb to address the problem faced   by Indians against felonies committed by non-Indians held meetings with the officials for their prosecution As per ICRA [Indian Civil Rights Act], Indian tribes may not impose any penalty or punishment which is longer than for a term of one year and a fine of $ 5000 or both. This clearly demonstrate that tribal courts have limited authority to try minor offenses like less serious felonies or misdemeanors there by leaving serious crimes to the federal government . Further, there is a misconception among non-Indians that tribal courts are not like Anglo-American tribunals. It is pertinent to note the remarks made by Justice Rehnquist in Oliphant that â€Å"some Indian trial court systems have become progressively much classy and resemble in many ways their state counter parts†. Hence, non-Indians should be properly educated and Congress should see that they are convinced by drafting a new legislation extending tribal courts power to prosecute non-Indians within the parameters designed by the Congress in this regard. One another remedy is to depute special law enforcement officer to investigate or prosecute the crime. A â€Å"special assistant district attorney â€Å"may be appointed to represent the district attorney for a particular case or a special investigating officer may be deputed to execute restricted law enforcement functions. Thus, the power to deputize is also known as a statutory grant. A statutory grant is having inherent power to specially deputize any higher officials. The deputization will be more advantageous as it would satisfy the interest of the all concerned including tribal and non-Indian offenders though the offenders will be punished under federal or state laws not under the tribal laws. CONCLUSION: De-facto immunity is being used as scapegoat by non-Indian offenders against Indians. It is really a shame that American judicial system is dissuading Indians to punish the non-Indian offenders who have committed felony in their lands under tribal criminal laws. It is real predicament that majority of the crimes against Indians by non-Indians escape punishment. The Oliphant v Suquamish Indian Tribe case is a severe blow to the Indian legitimate rights which Congress should come forward to redress. Congress should exercise its plenary power as it had done in Supreme Court decision in Duro v.Reina which was later amended or altered by the Congress through amendment U.S.C 1301 to authorize the tribal courts to exercise â€Å"criminal jurisdiction over all Indian and not just member of Indians. Further , to instill confidence on tribal community, Congress should seriously think of creating exclusive federal courts which may be designated as â€Å"special courts â€Å" for prosecuting offenses committed on tribal by non-Indians in tribal areas. One another remedy is to depute special law enforcement officer to investigate or prosecute the crime. The deputization will be more advantageous as it would satisfy the interest of the all concerned including tribal and non-Indian offenders though the offenders will be punished under federal or state laws not under the tribal laws. Deputization will assimilate all law enforcement agencies together to work unitedly.   Deputization is the need of the hour as it will bring all the parties involved under a single umbrella within the current jurisdictional. Further, as in the case of military courts which do not have jurisdiction to prosecute the civilians who have infringed military’s interest and in such cases, â€Å"special assistant United States attorneys† [SAUSA’s] have the authority to prosecute such violators who have committed crimes against military personnel and property. The same strategy can be followed in the tribal cases also. Thus, the department should authorize Indian prosecutors to sue in the federal courts for the crimes committed by the non-Indians within Indian country. BIBILIOGRAPHY Chiu, Elaine M. â€Å"Culture as Justification, Not Excuse.† American Criminal Law Review 43, no. 4 (2006): 1317+. Christofferson, Carla. â€Å"Tribal Courts’ Failure to Protect Native American Women: A Reevaluation of the Indian Civil Rights Act.† Yale Law Journal 101, no. 1 (1991): 169-185. Dutton, Bertha P. American Indians of the Southwest. Revised ed. Albuquerque: University of New Mexico Press, 1983. French, Laurence Armand. Addictions and Native Americans. Westport, CT: Praeger Publishers, 2000. Griffiths, Curt Taylor. â€Å"Natives and Criminal Justice Policy: the Case of Native Policing.† Canadian Journal of Criminology 26, no. 2 (1984): 147-160. Henderson, Dwight F. Congress, Courts, and Criminals: The Development of Federal Criminal Law, 1801-1829. Westport, CT: Greenwood Press, 1985. Johansen, Bruce Elliott, ed. The Encyclopedia of Native American Legal Tradition. Westport, CT: Greenwood Press, 1998. La Prairie, Carol. â€Å"Aboriginal Over-Representation in the Criminal Justice System: A Tale of Nine Cities.† Canadian Journal of Criminology 44, no. 2 (2002): 181+. Lawson, Paul E. â€Å"When States’ Attorneys General Write Books on Native American Law: A Case Study of Spaeth’s American Indian Law Desk book.† American Indian Quarterly 19, no. 2 (1995): 229-236. Nielsen, Marianne O. and Robert A. Silverman, eds. Native Americans, Crime, and Justice. Boulder, CO: Westview Press, 1996 Nourse, V.F. â€Å"Reconceptualizing Criminal Law Defenses.† University of Pennsylvania Law Review 151, no. 5 (2003): 1691+. Parman, Donald Lee. Indians and the American West in the Twentieth Century. Bloomington, IN: Indiana University Press, 1994. Pevar, Stephen L. The Rights of Indians and Tribes: The Basic ACLU Guide to Indian and Tribal Rights. 2nd ed. Carbondale, IL: Southern Illinois University Press, 1992. Prucha, Francis Paul. The Great Father: The United States Government and the American Indians. Lincoln, NE: University of Nebraska Press, 1984. Ramirez, Deborah A. â€Å"A Brief Historical Overview of the Use of the Mixed Jury.† American Criminal Law Review 31, no. 4 (1994): 1213-1224. [1] â€Å"Indian Wants Jurisdiction to Combat Terrorism Threat â€Å", Washington Times, Jan 26, 2004. [2] Carole Goldberg –Ambrose, â€Å"Public Law 280 and the problem of Lawlessness in California Indian Country, 44 UCLA L.Rev. 1405 [1997].

Scizophrenia essays

Scizophrenia essays I chose to write my research paper on the bizarre world of schizophrenia. Schizophrenia is a serious psychotic disorder that is characterized by a loss of contact with reality. It is a severely disabilitating disease that has stricken the lives of almost two million people in the United States alone. Since the disease is so devastating, the majority of people that suffer from it live either on the streets or in mental institutions. It is believed that patients with schizophrenia occupy almost forty percent of the beds in American mental hospitals. All people diagnosed with schizophrenia have perceptual difficulties or in other words suffer from hallucinations. A hallucination is a false sensory experience, such as seeing things, hearing things, and even feeling things that are not really there. Hallucinations have a compelling sense of reality to the persons who suffer from them. Auditory hallucinations by far are the most common form of hallucination in schizophrenia. Thought disord ers or delusions are also a symptom found in all schizophrenics. These include incoherent speech, quick shifts of ideas from one thing to a totally unrelated one, and bizarre thoughts and ideas. The delusions that all schizophrenics encounter are false beliefs that are believed by the schizophrenic and no one else. The delusions of schizophrenics go well beyond thinking that their being watched. They are often convinced that someone or something is controlling them by either radio, hypnosis or some other related form. Schizophrenic persons also have severe disturbances in emotion and behavior. This is the most worrisome symptom to family and friends of the patient. Schizophrenics are incapable of putting themselves in other peoples places. Side effects range from laughing at sad situations to self-mutilation. What makes this disease to be so frightening and so hard to und ...

Free Essays on Attila The Hun

Attila the Hun (circa 406-53), king of the Huns from 433 to 453 when he died from an untimely death. One of the most feared and notorious barbarians of all time, Attila is believed to be of distant Mongol stock, and while alive ravaged much of the European continent during the 5th century AD. No one represents the unbridled fury and savagery of barbarism as much as Attila the Hun did. Attila, as the greatest Hun leader, is the stereotypical sacker of cities and killer of babies. In his own day he and his Huns were known as the "Scourge of God†. The Huns themselves were a people of mystery and terror. Arriving on the edge of the Roman Empire in the late fourth century, riding their war horses out of the great steppes of Asia, they struck fear into Germanic barbarians and Romans alike. No one knows exactly when Attila the Hun's was born. But he was the nephew of the king of the Huns, a tribe of nomadic herdsmen. The Huns were fierce mounted warriors who tended and rode horses, which was a big part of their daily life. By the time Attila was born, the Huns, originally from the dry, level, treeless, grass-covered lands of southeastern Europe and Asia had gradually migrated westward. They eventually settled on the Danube River in the Great Hungarian Plain, on the border of the Roman Empire. After their uncle's death in 433, Attila and his brother Bleda ruled the Huns together. Attila eventually killed Bleda and took possession of the throne in 445. As the sole king of the Huns, Attila moved to extend the Hun Empire by conquering other barbarian populations throughout eastern and central Europe. Each conquest brought greater wealth and power to the Huns. The new ruler was much more aggressive and ambitious than his predecessors had been, and arrogance sometimes made him unpredictable. He also claimed to own the actual sword of Mars, and that other barbarian chiefs could not look the King of the Huns directly in the eyes without flinc... Free Essays on Attila The Hun Free Essays on Attila The Hun Attila the Hun (circa 406-53), king of the Huns from 433 to 453 when he died from an untimely death. One of the most feared and notorious barbarians of all time, Attila is believed to be of distant Mongol stock, and while alive ravaged much of the European continent during the 5th century AD. No one represents the unbridled fury and savagery of barbarism as much as Attila the Hun did. Attila, as the greatest Hun leader, is the stereotypical sacker of cities and killer of babies. In his own day he and his Huns were known as the "Scourge of God†. The Huns themselves were a people of mystery and terror. Arriving on the edge of the Roman Empire in the late fourth century, riding their war horses out of the great steppes of Asia, they struck fear into Germanic barbarians and Romans alike. No one knows exactly when Attila the Hun's was born. But he was the nephew of the king of the Huns, a tribe of nomadic herdsmen. The Huns were fierce mounted warriors who tended and rode horses, which was a big part of their daily life. By the time Attila was born, the Huns, originally from the dry, level, treeless, grass-covered lands of southeastern Europe and Asia had gradually migrated westward. They eventually settled on the Danube River in the Great Hungarian Plain, on the border of the Roman Empire. After their uncle's death in 433, Attila and his brother Bleda ruled the Huns together. Attila eventually killed Bleda and took possession of the throne in 445. As the sole king of the Huns, Attila moved to extend the Hun Empire by conquering other barbarian populations throughout eastern and central Europe. Each conquest brought greater wealth and power to the Huns. The new ruler was much more aggressive and ambitious than his predecessors had been, and arrogance sometimes made him unpredictable. He also claimed to own the actual sword of Mars, and that other barbarian chiefs could not look the King of the Huns directly in the eyes without flinc...

Correct Positioning of the Foot and Ankle Essay Example | Topics and Well Written Essays - 500 words

Correct Positioning of the Foot and Ankle - Essay Example These four positions are all that are needed for accurate and complete x-ray views of the foot and the ankle; depending on the location of the pain or injury depends on which of the three positions are used; this paper will discuss all four of the different positions that are used, as well as an example of a foot injury, an example of an ankle injury, and which of the three positions are used to best diagnose and treat the specific injury. The anteroposterior, or AP, view provides imaging of the forefoot, midfoot, tarsometatarsal and transverse tarsal articulations. To be able to obtain this particular view, the foot is placed pad down on the x-ray film, with the knee bent at a 90 degree angle, while the patient sits on the table. The beam is â€Å"centered on the third metatarsal and angled 15 degrees cephalad from the vertical† (Jones & Younger, 2006). This natural position mimics that a person would be in if they were sitting on the ground with their knees bent, and their weight placed on their elbows and buttocks. The lateral view is obtained by a person lying on their side, with the junction of the talus and fibula placed directly on the x-ray film, or plate. The beam is directly â€Å"perpendicular to a point above the base of the fifth metatarsal† (Jones & Younger, 2006). The internal oblique, or medial oblique, image compliments the lateral and AP views of the foot and ankle and is used routinely as the third view in the series. This position involves the turning of the foot and ankle outward, as though the patient were looking sideways at their ankle. The foot should be kept at a 30 degree angle ideally, with the distal phalanx of the big toe supporting the weight of the foot, and the last three phalanges of the foot not resting on the plate at all. It provides a clearer picture of the forefoot. The external oblique image is used to provide a clearer picture of the hind foot and is used as a main part of the three view foot

Factors and Criteria That Determine Which Brand of Mobile Phones Will Essay

Factors and Criteria That Determine Which Brand of Mobile Phones Will Top Today and Which Brand Will Peak after That - Essay Example Each cell phone company tries hard to produce cell phones that are acceptable to most consumers in order to gain a better share of the market (Kushchu, 2007). This competition has led to great innovation that has seen mobile phones with great features such as MP3 and video players, cameras, wireless internet, games, and application among others playing a significant part in attracting more customers. Mobile phone innovation has come a long way and the future still looks bright, with the innovation of smart phones taking the mobile phone market by storm in the recent past. Changing consumer needs over the years have been very fundamental in the revolution of the mobile phone industry (Kerlinger, and Lee, 2000). Initially, mobile phones were only used for voice communications and text messages. With time however, consumer needs begun to influence the industry to change as companies sought to bow to consumer demands. Consumers prefer mobile phones that allow them to share information an d other multimedia devices such as images and music, have internet access and entertainment. Global mobile phone sales account for up to 60% of all electronic sales (Liu, 2002). This implies the growing demand for mobile phones across the world. With thousands of mobile phone manufactures and different brands around the world, consumers are spoilt for choice over which brands to buy. There are however various factors that determine consumer decisions on which cell phone brands to purchase. It is these factors that determine which mobile phone brands will be at peak at any given time. Mobile phone brands that have the feature that consumers want are likely to stay at the peak of the industry as compared to... This paper approves that global mobile phone sales account for up to 60% of all electronic sales. This implies the growing demand for mobile phones across the world. With thousands of mobile phone manufactures and different brands around the world, consumers are spoilt for choice over which brands to buy. There are however various factors that determine consumer decisions on which cell phone brands to purchase. It is these factors that determine which mobile phone brands will be at peak at any given time. Mobile phone brands that have the feature that consumers want are likely to stay at the peak of the industry as compared to less innovative brands. Despite selection of mobile phones being a subjective issue with most consumers having different opinions, there are various factors that are common to a majority of consumers. These include price, value of the brand, interface of the cell phone, and properties and features of a mobile phone. This report makes a conclusion that best selling mobile phones are the ones that meet the demands of consumers with regard to the factors identified above. The factors affecting consumer demands for cell phones are likely to change from time to time in to the future as the technology environment changes. The key factor to determine which mobile phone brand will be at peak, both presently and in the future is the fact that only those brands that respond to consumer demands at any particular time will be best selling brands.