Flaws of the Employment System in the United States Research Paper

Flaws of the Employment System in the United States - Research Paper Example The white settlers adopted superiority complex hence crediting them with civilizing them. The false notion came to be known as the white man’s burden. It was used to justify Europeans taking land away and enslaving the natives. This became a system of exploitation and discrimination as naturally-occurring differences became apparent. It became a system of denying people access to rights, representation or access to resources as it was institutionalized to affect virtually every aspect of life even the judicial system. Though progress has been made in the eradication of racial discrimination in employment, there is still some ground to be covered in eradicating the rampant prejudice. The situation is worsened by the statistics that are still a characteristic of modern day America which show that black people who have been arrested, charged or served a jail term can hardly get employment. The statistics show that one in every three black men has to be incarcerated in their lifetime, one in six Latino and one in seventeen Caucasian men. Disciplinary actions still are harsher for the black comparatively. The immigrants’ rights are not guaranteed as natives while per capita employment levels comparatively show that blacks are four-times less employable than the whites (â€Å"American Law Reports: Annotations and Cases† 115). Most of the big companies as is presently constituted in its ranks show that the majority of top management is white-dominated. Even if, there is an equal opportunity in hiring upward mobility is still a problem as most of the blacks remain in the same position for long a time. On the contrary, the white counterparts are being promoted to take positions of responsibility. They are segregated into the lowest level positions and still earn less than the white counterparts even if they are in the same job cadre.

Immigration Reform Essay Example for Free

Immigration Reform Essay Those that legally enter America do so because we are a land of opportunity. They are able to apply their skills and talents to better themselves. In the meantime, they are part of the population that finds better ways of doing things (technological advances). Technological advances increase everyone’s standard of living. Those that come here illegally are hired by firms because of the cheapness of their labor this is the reason illegal immigration needs to be dealt with. But, in the end, money talks so the political question on illegal immigration will not be decided in the near future. There is a lot of disagreement over this. Many people contend that illegal immigration overwhelms government programs costing the country more in services than their labor provides. Both President Barack Obama and Fox News resident Michael Barone have points and idea on immigration reform and what should be done about it. In presidents Obama speech given in El Paso Texas, Obama gives his ideas on immigration reform. Obama gives four major points insides his speech his first point is that the government should enforce the law and secure the borders, second that businesses should be held accountable if they employ undocumented workers, thirdly for those who are here illegally to go through processing and â€Å"get in line for legalization†, lastly his DREAM act a way to reform our old regulations of illegal immigration giving immigrants the chance to get jobs and start businesses in America. In Obama’s speech he states different immigrants that have made the country more prosperous and that have lead in tech development. Obama states that American companies such as Intel, Google, Yahoo and eBay these companies that have created jobs for several Americans were all founded by immigrants. Obama states a way to strengthen the middle class is to get rid of undocumented works, by doing this you are getting rid of the underground economy that exploits cheap labor while getting rid of regular jobs to the average American. Michael Barone states that Obama rhetoric on immigration reform is hypocritical, he says that Obama is not really interested in passing a law and that he only gave the speech to get support from Latino voters. Barone claims El Paso was about election 2012 not serious immigration reform. According to Michael Barone’s article on Obama’s rhetoric, in the past Obama has not lift a finger to help in immigration reform. In 2007, 2009 and 2010 when bills were on the verge of eing passed for immigration laws Obama voted against the Latino community in each of these periods in time. Barone shows that Obama’s most attractive proposal to the people of El Paso, his DREAM act failed last December in a more democratic senate and won’t pass now. Michael Barone goes on to talk about a tool called E-verify which is an electronical system that is now available and can allow employers to verify the social security numbers of their employees. Barone says that if Obama was serious about the enforcement of illegal immigration he would call for mandatory E-Verify among companies and businesses. As for Barone’s idea of Obama not being serious about immigration reform, it is impossible for Obama to take back what he said about his ideas of what should be done involving immigration. Even if Obama wasn’t serious about immigration reform, what he said at El Paso can benefit in the future the legal immigrants and illegal immigrants that seek legalization that spent their lives or that are living in America. I agree with Barones idea of mandatory E-verify among businesses and companies since Illegal immigration can destroy our economy with its underground economy that denies jobs to anyone not willing to work underpaid. The idea of the DREAM act that cannot be passed now doesn’t surprise me in the slightest. Most proposals to congress aren’t passed right away; even throughout history it takes several years for a bill that gives more rights to others to actually be passed. Immigration reform is not a problem to America. Illegal immigration and employing undocumented workers as a cheap labor source destroys our economy and is the issue involving immigration. Immigration reform can allow legal immigrants the ability to make America as a whole prosper and develop while opening jobs and a chance to reach new technological advances ahead of other countries. With immigration reform and the DREAM act which I believe is still a possibility in our future, legal immigration can allow America as whole to reach the American dream.

Two Associations with the Unencumbered Self Essay -- Philosophy Philos

Two Associations with the Unencumbered Self The unencumbered self separates who I am from my attributes and desires. Rawls encounters the unencumbered self in proposing both the veil of ignorance and the difference principle; both separate the subject from the attributes and ends of the subject. Rawls denies both the utilitarian and libertarian views as practical solutions, and puts forward the veil of ignorance and difference principle as a third alternative. This paper will begin with briefly describing what Sandel considers the unencumbered self. I will outline utilitarianism and liberalism as theories Rawls rejects, as well as Rawls’ philosophy as a practical Kantianism. I will identify the unnecessary transition Rawls makes from the veil of ignorance, which has much merit, to the difference principle, which Sandel adequately dissolves. I will address Sandel’s critique and his fourth alternative, the moderately-encumbered self, and give my impression of a Rawlsian reaction to Sandel’s fourth alte rnative. In conclusion I hope to show that Rawls encounters the unencumbered self at the veil of ignorance as well as the difference principle, the former being both applicable and a contribution to political philosophy, and the latter being cogently refuted by Sandel. Sandel describes the unencumbered self as valuing the ability to choose one’s own ends, rather than valuing specific ends in themselves. The unencumbered self draws a line of distinction between me and my attributes and desires, and presupposes that no project or commitment could weigh so heavily for me that I would not know who I am without it. Who I am is permanently unchanging, but the ends I desire or the attributes which I possess may be constantl... ... a more moderate view, the moderately-encumbered self, it is one Rawls would not accept because of its deviation from Kantian sacrifice and duty. In presenting the veil of ignorance, Rawls gives us a means to arrive at categorically worthwhile and acceptable political theories by channeling our inherent selfishness into political philosophy. In presenting the difference principle, Rawls denies an individual’s right to prosper from his own assets because he claims our assets are all arbitrarily distributed, but he does not justify sharing with society one’s prosperity because that would also be equally arbitrary. Sandel presents an alternative that Rawls would reject because it is not in accord with Kantian duty and sacrifice. Works Cited Goodin, Robert and Philip Pettit. Contemporary Political Philosophy: An Anthology. Blackwell Publishers Ltd. 1997.

SNC Reaction Paper

What was it spent on? Who were the recipients? Investigations suggested that the money was used to pay bribes to unknown North African agents in order to sanction mufti-million dollar future projects. This was possibly done to maximize company revenue, but the deed is still questionable with Demise's grey past. The archbishop Of Milan, SST. Ambrose once said, â€Å"When in Rome, do as the Romans. † Does this translate to Zinc's actions in North Africa? Doing business in different parts of the world can be a difficult game because of varied cultural and professional differences.What may seem wrong in North America may be an everyday occurrence in another part of the world. Bribery is one such act. A bribe, according to the Merriam-Webster dictionary is â€Å"money or favor given or promised in order to influence the judgment or conduct of a person in a position of trust†. From personal experience, in some countries, not paying a bribe or not â€Å"giving a gift' may pro long or delay work, and in some cases even create a roadblock and completely stop the project. In some countries, offering a bribe is legal while in others it is considered a felony.The question forever is, is bribery ethical? Ethics, in my opinion, are culture specific and, as the professor mentioned in class, time specific. Slavery, for example was an integral part of a perfectly normal society in ancient times but now is considered a heinous crime. Pierre Daytime bribed officials to influence their decision in choosing SYNC Laving for construction projects. But even after investigations, it is not known what this bribe was used for. Daytime and Ben Sass were also linked to illegal activities like money laundering with the controversial Miramar Godhead of Libya.Keeping in mind his past history and the act of bribery itself positions me to believe that Daytime acted unethically. I also believe that bribery, in any form, is morally wrong irrespective of where one does business. In t his case, Daytime, the board of directors, the agents and the officials in North Africa are the active agents. The shareholders, potential and current clients, the employees of SYNC Laving as well as their competitors are the passive agents. Let's analyses the ethical issues in this case using a few models.Virtue Based Moral Reasoning expects en to maximize certain virtues like honesty, integrity, fairness and transparency. Daytime in his actions exhibited dishonesty and dishonor by bribing and laundering money. These actions were unfair to the shareholder as they were and still are unaware about where their money was spent. Lack of transparency creates a loss of trust amongst employees and stake-holders as well. Demise's actions were, therefore, unethical. Next, let's look at it through a Communitarian's approach. This method stresses that contracts, implicit and explicit, should be respect and not breached under any resistance.Daytime had a fiduciary duty towards the corporation, which he breached as the company lost its reputation as a result of this bribery debacle. He had also signed an implicit contract with the employees of the organization which was breached when he paid no heed to company ethics before making his decisions. Falsifying accounts by using terms like â€Å"project consultancy costs† and â€Å"project commercial costs† for the money spent towards bribes is equivalent to lying to shareholders as these statements are finally sanctioned by the CEO. Thus we see that SYNC Laving and Daytime acted unethically on the basis of Communitarian's.However, if you look at the decision through a Consequentiality perspective, an approach where only the consequences of your actions matter, Daytime, while making this decision was actually right. He paid a small price (in the form of a bribe), which in turn would bring in business worth billions and increase the company's revenue. He believed that ends justified the means. However, after the en tire incident unfolded, SYNC Laving not only lost a lot of money through trials and fines, but also lost something more important, trust and reputation.Thus, I believe that this act was unethical even through a consequentiality approach. If Daytime was acting under a veil of ignorance, he would definitely not authorize these payments. SYNC Laving could have been a company that has lost out to a lucrative contract just because another company was willing to bribe their way to the contract. Here we see that through a Rawlins Liberalism approach, Daytime was unethical. According to Graham Tucker's theory, an ethical decision should positively answer all his five questions. Daytime and SYNC Lapin's board fails to answer these questions positively.Was their decision profitable? Definitely not. SYNC Lapin's profits reduced from $76 million to $67 million in the first quarter of 201 2 itself. Secondly, bribe giving is illegal in Canada which negatively answers his second question, is it le gal? He then goes on to ask if it is fair. If you look at this from their competitors perspective, their decision was unfair to the competitors who missed out on deals as they refused to pay bribes. This decision was also not right as this money was paid to unnamed and unknown recipients to influence the company's goals.Finally, it fails to positively answer if paying bribes ensures sustainable development. Such acts result in recurrence of ill doing which in turn can backfire on the corporation. Most successful organizations usually boast of having a clean slate and usually do not indulge in such acts. Bribery may be a quick fix but is definitely not a permanent solution. Informs CEO and my former boss, Nary Murphy once suggested, â€Å"If bribe giving, and not bribe taking, is made legal then the bribe giver shall indeed cooperate with the authorities to expose the bribe taker.This seems o be an interesting idea and think it should be implemented†. Such a policy will encour age victims to blow the whistle on bribe takers fearlessly and in turn help combat corruption. In my view, businesses can very well flourish even in the harshest situations. Informs is a great example; an organization which flourished ethically in an environment which was not very welcoming to entrepreneurs with a conscience. Their vision was not to just build a profitable organization, but a respectable one. In 1984, Informs imported a supercomputer and the customs official at the airport refused to clear it without a bribe.Any delay was unacceptable and the only alternative was to pay a customs duty of 135% and then appeal for a refund. Murphy borrowed money and paid the duty. He believes that at the end of the day, a clear conscience is the softest pillow on which you can lay down your head at night. Firmly believe that bribery is an evil which eventually leads to corrupt business and political environment. Even though it is viewed differently in different cultures, morally it st ill is wrong and unethical. I'd rather not do business in a market which enforces bribery than silence my scruples and indulge in a social evil.

Final Examination Essay

1. The essential steps in performing a systems study are (in order of occurrence): a) Analysis, design, implementation and initial operation, follow‑up b) Design, planning, follow‑up, analysis, and implementation c) Planning, system specification, analysis, production, implementation d) Planning, analysis, design, implementation, and follow‑up 2. Which of the following is intended to solve the problem that financial data used in one application is not easily transferable to other applications? a) XMP b)ERP c) XBRL d) XMLP 3.Information systems auditors are: a) Auditors who are concerned with analyzing risks associated with computerized information systems b) Individuals who often work closely with financial auditors c) Auditors who have a lot of technical expertise related to information technology d) all of the above 4. Which of the following is not an ability of client/server computing? a) Alter data stored elsewhere on the network b) Process a transaction that may affect data stored on both client and server computers c) Query or manipulate the warehoused data on the server d) Increased networking capabilities between different file formats on multiple systems 5. Software that enables businesses and government agencies to transmit and manipulate financial data on an organization-wide basis best describes: a. Communication software b. CAD software c. Enterprise resource planning (ERP) software d. Programming software 6. All of the following are programming languages except: a. Java b. HTML c. C++ d. COBOL e. ERP 7. Data flow diagrams: a)Accomplish the same purpose as system flowcharts b)Are different from system flowcharts since they focus on a logical view of the information system c)Are useless for planning a new system d)Are never used in analyzing an existing system 8. All of the following are controls for end-user computing except: a) Formally evaluate large projects b) Formalize documentation standards c) Limit the number of employees authorized to create end-user applications d) all of the above are important controls 9. The textbook identified seven reasons why documentation of an AIS is important. For which of the following reasons would the user guides, procedure manuals and operating instructions be most important? a) Depicting how the system works b) Training users c) Designing new systems d) Standardizing communications with others 10. Business organizations are recognizing the value of sales data and are purchasing software solutions to gather, maintain, and use these data to provide better service and promote customer loyalty. These software solutions are called: a) Customer relations data solutions b) Customer relationship management solutions c) Sales data management solutions d) none of the above 11. Which of the following statements best describes business process outsourcing? a) A company focuses on its core business processes and contracts with another firm to do the other processes b) Companies frequently outsource core business processes c) Due to networked enterprises and advanced technology, more employees may work from their homes or alternate locations d) Initially, companies engaged in business process outsourcing to offer employees more opportunities to travel and more career choices for advancement 12. Networked enterprises and globalization have enabled a new business model called â€Å"business-without-boundaries.† Which of the following statements describes this business model? a) Companies no longer have all of their employees in one location b) It is called offshoring and companies contract with firms in other countries to do such business processes as human resources, payroll, and accounting c) Companies are under a great deal of scrutiny to manage costs and generate revenue so they contract with foreign firms to do various business processes at a lower cost to the company d) all of the above statements describe this model 13. Which of the following is not a concern of the financing process? a) Effective cash management b) Optimizing an organization’s cost of capital c) Minimizing an organization’s borrowings d) Projecting cash flows 14. Business process reengineering efforts sometimes fail because: a. Management gets too involved in the process e) Management is too optimistic regarding its expectations from its implementation b. Management support can never overcome employee resistance c. Employees will never accept change 15. Which of the following technologies are now used in conjunction with automated production process systems to increase efficiencies? a) Radio frequency technology b)Bar code scanners c) RF IDs and advanced electronic tags d)all of the above e)none of the above 16. According to the chapter, which of these statements is most accurate? a)Most computer abuse is performed as retaliation against employers b) Very little computer crime is committed for personal gain c) Some computer abuse is performed simply to meet a challenge d) We catch most computer abusers with good accounting controls 17.Which of the following is probably the primary reason accountants should be concerned about computer crime and abuse? a)They might lose their job if they don’t detect computer crime or abuse in their organization b)They might lose their professional credibility and license if computer crime or abuse continues for a long time in their organization and they do not detect it c)They are responsible for designing, implementing, and monitoring the control procedures for AISs d)none of the above 18.One of the major crimes identified by the Computer Fraud and Abuse Act of 1986 is intent to illegally obtain information or tangible property through the use of computers. Which of the following methods might accomplish this type of crime if the perpetrator can change data before, during, or after they are entered into a computer system? a)Salami technique b)Data diddling c)Shoulder surfing d)Trojan horse program 19.Regarding a company’s audit trail, which of the following statements is true? a) Because of the complexities involved in establishing an audit trail, a good audit trail normally makes it more difficult for an individual to follow the flow of a company’s business transactions through the  company’s information system b) In actuality, the audit trail established within a company’s information system is an unimportant element of the company’s internal control system When a company’s audit trail becomes more difficult to follow, this causes an increase in the risk of errors or irregularities taking place in the processing of accounting transactions and not being detected c) A company’s policies and procedures manual should not be part of its audit trail since confidential information is included within this manual 20.Which of the following statements is true regarding timely performance reports? a. In many companies, these reports are the major means of providing information to management concerning the actual operations of the companies’ internal control systems b. These reports should only include monetary data c. Since these reports fail to provide feedback to management on the operations of previously implemented internal control procedures, other techniques are needed to provide this feedback to managers d. The complexity that a computer introduces into a company’s information system will typically prevent the preparation of timely performance reports for the company’s management 21. _________________ describes the policies, plans, and procedures implemented by a firm to protect its assets. a) Internal control b) SAS No. 94 c) SOX, Section 404 d) Enterprise risk management 22. General controls within IT environments that affect personnel include: a) Use of computer accounts b) Separation of duties c) Informal knowledge of employees d) all of the above affect personnel 23. Which of the following best describes a fundamental control weakness  often associated with automated data processing systems? a. Automated ­ data processing equipment is more subject to systems error than manual processing is subject to human error b. Automated data processing equipment processes and records similar transactions in a similar manner c. Automated data processing procedures for detection of invalid and unusual transactions are less effective than manual control procedures d. Functions that would normally be separated in a manual system are combined in an automated data processing system 24. The textbook identifies a number of issues that should be considered when developing a security policy. One of the issues is â€Å"identify threats†. Which of the following is not an example of this issue? a) What assets need to be protected b) What are the sources of potential security problems c) External threats are viruses, worms, retaliations from former employees d) Internal threats are misuse of assets by employees and embezzlement 25 Which of these is not a phase in the life cycle of an information system? a) Planning b) Analysis c) Control d) Implementation 26. A poorly-planned information system can result in: a)Employee resistance and even sabotage b)Inflexible systems that are hard to maintain or modify c)Systems that solve the wrong problems d)all of these 27.Which of the following is not a general objective in the design of an information system? a)A system should provide information which is timely and relevant for decision making by management and operating personnel b)The output of a system should be highly accurate c)A system should have sufficient capacity to accommodate levels of normal activity; any additional capacity proves too costly in the long run d)A system should be as simple as permitted so that its structure and operation can be easily understood and its procedures easily accomplished e)A system should be flexible to accommodate changes of a reasonable magnitude when required 28. A computerized AIS is harder to audit than a manual system for all of the following reasons except: a) The file information is not human readable b) The volume of transaction records and master file records is usually much larger in computerized systems than in manual systems c) An audit trail does not exist in a computerized AIS d) Computerized systems often use remote real-time data processing, thus complicating the tracing of transaction records to their sources 29. Which of the following is not one of the groups of SOX compliance requirements? a) requirements to use an IT auditor to evaluate controls b) regulations governing executive reporting and conduct c) rules about financial statement reporting d) audit committee/corporate governance requirements 30. Three common techniques auditors use to test computer programs are: a) Test data, integrated test facilities, and parallel simulation b) Test data, edit checks, and integrated test facilities c) Test data, program change control, and parallel simulation d) Program change control, edit checks, and parallel simulation 31. The term data encryption refers to: a) Storing data in safe places called â€Å"crypts† b) Transforming data into secret codes c) Scrambling data in random ways that cannot be unscrambled d) none of these 32. The term key in the context of data encryption refers to: e) A physical key similar to a house key f) A logical key similar to the primary key of a data file g) A mathematical function used for encryption purposes e) A computer function key that can be found on keyboards 33. All of the following are benefits of XBRL except: a) Companies can file financial information in one format, avoiding the errors that may come from reentering data multiple times b) The SEC accepts XBRL-format for electronic filing of financial statement reports c) XBRL permits the automatic and reliable exchange of financial information across all software formats and technologies, including the Internet f) all of the above are benefits of XBRL d) none of the above are benefits of XBRL 34.All of these are reasons why databases are important to AISs except: a) AIS databases store valuable information b) Many AISs are large and therefore potentially unwieldy c) The databases of some organizations are very complex d) The hard disk space used to store AIS databases is comparatively expensive g) all of these are reasons why databases are important to AISs 35.A major advantage of relational databases is: a)All records are stored together b)No pointers are used c)An expandable index is used d)It closely resembles a flat file 36. In recent years many businesses have formed a common information source within their business organization called a database. One of the advantages of building databases is the simultaneous updating of files with common data elements. Another major advantage of the database concept is that: a) Database systems can be used in microcomputers as well as on large computers b) Database systems are simple to install and maintain c) Database systems are generally less expensive than separate file maintenance systems d) Less duplication of data occurs with a database system e) Fewer skilled people are required to run a database system than any other system 1. The process of data normalization refers to: )a Eliminating data errors and other problems from â€Å"normal data† b)Scaling data to values between zero and one c)Storing data in normal storage media such as hard disks d)none of these 38. Database management systems are important to accountants because: a) They automate file storage tasks and enable managers to generate worthwhile financial reports b They eliminate data redundancy )b) They are unique data structures which accountants have never used before )c) They are easy to develop and therefore save money )d) They are energy efficient 39. Which of these is true about finding data in multimedia databases? a) It is not possible to search them because graphics have no text keys for searching b) It is not possible to search them because audio objects have no text keys for searching )c It is possible to search for items in them because such characteristics as â€Å"speaker† or â€Å"subject† can be used as search parameters

Arab American Identity over Time

Arab American Identity over Time Historical immigration of Arabs to United States The relations between the Arabs and the Americans continue to remain vivid even though the Americans first moves to contain the continually immigrating Arabs led to a rift between the two countries.Advertising We will write a custom essay sample on Arab American Identity over Time specifically for you for only $16.05 $11/page Learn More The working together of the two countries dates back to the mid 18th century when the first group from the Arab countries immigrated into the United States (Peacock, Thornton Inman, 2007). The main objective of these immigrants was to run from the continued famine in their land due to the collapse of Silk Company. Therefore, they opt to move to the border of the United States to seek assistance over their deteriorating economic status. However, they never followed the set procedures of entry into America making America regard them as intruders into their land. Over time, the p eople remained unrecognized and therefore did not receive any help from the American government. Shipler (2004) notes that earlier on before the personalized attempts by the Arabs to immigrate to America, the Spanish had earlier transported some of the Arabs from their country to work as slaves in America. Therefore, by the earlier 15th century some of the Arabs had settled in the some of the American states such as California. Upon the transportation of these slaves back to their country, the other slaves who had already settled in different unknown places especially the slums of California acted as an avenue to absorb more Arabs into the region in the later centuries.Advertising Looking for essay on social sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More Apart from the slaves brought to America by the Spanish explorers, the first attempt to immigrate from Arab to America was made in the mid 18th century by the Wahab Famil y as they moved to occupy the outer banks of the Northern part of California. During this time, a king from Arab in the Wahab family set to go to the land of America and establish an Islamic religion. This acted as an avenue to spread Islamic religion to all other regions that did not practice the Islamic religious beliefs (Shipler, 2004). Therefore, the king together with his family and other members of the Arab family accompanied him to an island in the North of California where he bought a colonial land and settled. Thereafter, they built the first Islamic mosque and gathered as a family to worship. Ocracoke Island called Island Inn, a hotel that still exists up to date. The group established a Wahab village of Muslims that later absorbed more immigrants o America. Visibility of the Arab immigrants after Palestine/Israel war Later on between 1828 and 1902, other immigrants moved to America in different missions. A Christian missionary, Hadj Philip Tedro, made his way into America through the Camel Driver Experiment in an attempt to establish a route from Texas to California during the Gold Rush period (Rothbart Korostelina, 2006). In his attempt to spread Christianity during this period, he establishes in California as an immigrant. Later, his family to settle there follows him. In 1840, Ahmad Bin Na’man landed on the New York City through a ship. In 1880s, large groups from Arab landed in America.Advertising We will write a custom essay sample on Arab American Identity over Time specifically for you for only $16.05 $11/page Learn More The group majorly comprised Christians from Greater Syria who flee their country in search of economic assistance. Shipler (2004) asserts that the Arabs who lived as peddlers since they lacked education and skills remained poor and confined to their own churches and other societies not to mingle with the Americans. Nevertheless, their number increased highly with records showing that by late 1930s, they had hit the 350, 000 mark in population. Regardless of the increasing number of the Arab immigrants, they remained invisible for long periods until the onset of the Palestine/Israel war. This was mainly because, first, the Americans viewed them as a source of cheap labor for their industries and therefore did not want them leaving their countries since they recorded increased output in their production. Moreover, the immigrants being unknowledgeable did not regard the mistreatments they received from the Americans as tough compared to the Ottoman regime in Arab in which the king and the empire treated its citizens ruthlessly. Therefore, they found peace in the daily duties, getting sufficient needs for each passing day. In addition, the Arab immigrants remained vigilant and diligent to the American law, always abiding with the law in all their operations. Nevertheless, late in the years they became violent breaking the moments of invisibility in them. The onset of the vi sibility of the Arab migrants dates back to the 19th century when the Palestine and Israel started scrambling over land, an incidence that led to war between the two countries. Regardless of the two countries having different religious beliefs, they did not discriminate over one another.Advertising Looking for essay on social sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More The war on whom to control the land at the border between the countries brought distinct differences which each maintaining possession of the same. The Jewish argued from the biblical perception that the land is their promised land according to the scriptural reading while the Palestine residents maintain that they have been the inhabitants of the land and therefore, they are the official owners of the land. This led to war between the two countries between 1948 and 1949 (Shipler, 2004). The European continent later developed a scheme to identify people as countries in the nineteenth century and therefore already established countries in Europe traced their members around the world registering them and concentrating them in their land. The proportionality of the land given depended on the population density of the area and therefore most leaders ensured they get as much population of their members as possible. Upon tracing of their members in America, the Americans came out to estab lish the number of Arab immigrants in the area. Through this, the Arab immigrants became visible in America, leading to implementation of a law to guide further immigration of Arabs into America. This affected the lives of the Arabs living in America since most of them lived in the area illegally. The records from the registration recorded an approximated number of 10, 000 Arab-American immigrants. The massive onset of immigration of the Arabs occurred between 1921 and 1939, when other countries such as Germany and Britain planned a war against the Ottoman Empire through the preparation of Husayn bin Ali to take over the empire. During this period, Palestine defended the Ottoman Empire creating a rift between Israel and Palestine. Britain and France later built a declaration to weaken the Ottoman Empire, created several provinces and promoted division of power among other kingpins of the Arab kingdom. The war made most of the Israel inhabitants to fly to America to seek refuge raisi ng the number of refugees to a notable proportion of the American population. Arab became a country of continued terrorism up to the later days of 1939 when the United Nations developed a partition plan of the land. The fighting between Palestine and Israel between 1947 and 1949 saw massive number of refugees move to America. Volkan (1997) records that an approximated number of 700, 000 refugees flee to different places out of Arab during the operation by the Zionist militia. Out of this group, approximately 75% flee to America increasing the number of immigrants in the region. Fortunately, through the action of the United Nations Human Rights Commission (UNHRC) the immigrants receive settlement in various areas providing them with the basic needs required. The bombing of the World Trade Centre of 1993, left Arab-American immigrants insulted and threatened. The government of America believed that the Arab community was behind the terror especially Israel and therefore targeted the I slamic immigrants. The Arabs denounced both the terror and the harsh judgment to the Americans and offered prayers to the fallen Americans in the incidence (Peacock et al., 2007). However, the American government maintained that the immigrants be transported back to their country, until the election of George Bush as the president of America, who issued a passionate plea for the Arab immigrants. Post 9/11 discrimination and further visibility of Arab immigrants The number of hate crimes towards the Muslim Americans increased in the September 11, 2001. According to the Federal Bureau of Investigation (FBI), the number of such cases increased greatly by 1,700 per cent (Peacock et al., 2007). The inhabitants of America developed negative stereotype and attitude towards the Muslim Arab immigrants. Therefore, the Muslim Arabs continued to experience threats and discrimination from other groups in the region especially regarding racial and religious animosity. According to Peek (2011), mo st Americans regarded most Muslims as terrorists, therefore, rarely involved them in their operations. Since then the lives of the Arab immigrants continued to deteriorate with the American government threatening to depot them to their country. The Americans further believed that the monolithic group act, think, and behave in the same manner leading to the keeping of distance from any Muslim regardless of their proof to be harmless. The cultural visibility of the Muslims led to further discrimination from the Americans since none of the people wanted to associate with them. The aftermath of September 2011 left heightened the rate of discrimination of Arab Muslims even though such discriminations were evident in the early years (Peek, 2011). Furthermore, the aftermath proved a growing number of the Arabs in American recording 1.6million in the year that ended 2010. Different people express different point of argument concerning the growing number of Arab immigrants relating it to the frequent incidences in America. Muslims come out in large numbers to defend themselves against the claims of terrorism indicating the rising number of the immigrants (Volkan, 1997). This raised concerns from the Native Americans who clash with the Muslims, accusing the government of inability to control the rising incidences of terrorism by the Arab-Americans. References Peacock, J. L., Thornton, P. M., Inman, P. B. (2007). Identity matters: Ethnic and sectarian conflict. New York: Berghahn Books. Peek, L. A. (2011). Behind the backlash: Muslim Americans after 9/11. Philadelphia: Temple University Press. Rothbart, D., Korostelina, K. V. (2006). Identity, morality, and threat: Studies in violent conflict. Lanham: Lexington Books. Shipler, D. K. (2004). The working poor: Invisible in America. New York: Knopf. Volkan, V. D. (1997). Bloodlines: From ethnic pride to ethnic terrorism. New York: Farrar, Straus and Giroux.

ADR has been accorded a prominent role in Essays

ADR has been accorded a prominent role in Essays ADR has been accorded a prominent role in Essay ADR has been accorded a prominent role in Essay The Civil Procedure Rules were introduced in 1999 following Lord Woolf’s scrutiny of the civil justness system and his 1996 study, ‘Access to Justice.’ In this study, Lord Woolf identified a figure of jobs with the civil justness system. First, it was excessively expensive, instances were plagued by hold and clip bounds were on a regular basis ignored. Woolf besides identified inequality between litigators, more specifically, between the wealthy and those with fewer fiscal resources. The system was expensive, complex and confusing and this deterred many with a legitimate instance from conveying proceedings. In short, the system did non offer satisfactory entree to justness. Lord Woolf identified assorted rules by which the civil justness system should be governed. He argued that the system should be merely and just and trade with instances sensible rapidly at a sensible cost. In order to run into these aims, he recommended a figure of reforms including promoting the usage of alternate difference declaration ( ADR ) . In advancing the usage of ADR, Lord Woolf was admiting the fact that the tribunals are non ever the best forum in which to decide differences. The adversarial nature of the system makes for an intimidating ambiance, adding to the emphasis felt by the parties. The test, will necessarily intend that one party is on the losing side as the tribunal decides between them. Tests can besides convey unwanted promotion since most hearings will be in public. In the commercial sphere, there may good be a desire to maintain sensitive information out of the public sphere and ADR is one manner of making so. Lord Woolf sought to increase the usage of ADR and wanted judicial proceeding to be viewed as a last resort. As a consequence, regulation 1 ( 4 ) ( 2 ) ( vitamin E ) of the Civil Procedure Rules encourages its usage where appropriate. There are assorted different types of ADR including arbitration, conciliation and mediation. Mediation is a type of facilitated dialogue. It can be used to decide differences in many different countries including little claims, divorce and lodging instances. An independent and impartial 3rd party, the go-between, is appointed in order to help the parties to make a reciprocally acceptable decision to their difference. Mediation itself normally takes topographic point in a impersonal locale, frequently chosen by the parties. The usual construction is to get down by specifying the issues, researching the possible options and so holding a solution. The function of the go-between is to ease the procedure, assisting the parties to come on through each phase. There are different types of mediation that may be used by the parties. ‘Evaluative mediation’ involves the go-between measuring the legal strength of a instance, proposing possible results and directing the parties towards a solution. ‘Facilitative mediation’ , on the other manus, requires the go-between to play a less active function, regulating the procedure itself, instead than proposing possible results. Any understanding reached through mediation will non be lawfully adhering but will be considered as a contract between the parties, with the usual redresss available for breach. The usage of mediation has been facilitated by the CPR, as the increased work that is required to be completed anterior to the issue of a claim means that all parties are intelligent as to the issues involved and hence in a better place to measure the strength of their instance. As such, mediation is a more executable chance than it was under the old system. When this is added to the court’s responsibility under the overruling aim of the CPR to ‘actively manage’ instances, it could be said that the CPR goes beyond the encouragement of mediation into the kingdom of irresistible impulse. Indeed, in the instance of Kinstreet Ltd V Balmargo Corporation Ltd. [ 1999 ] , [ 1 ] the tribunal really ordered mediation despite the expostulation of one of the parties involved. The tribunals took a similar attack in Muman v Nagasena [ 2000 ] [ 2 ] and in the same twelvemonth, the instance of R ( Cowl ) v Plymouth City Council [ 2001 ] [ 3 ] was heard. It was the position of the tribunal that this instance should non hold been dealt with by manner of judicial proceeding but alternatively through mediation, with the lower limit of engagement by the tribunals. Indeed, Lord Woolf stated â€Å"Without the demand for the vast costs which must hold been incurred in this case†¦ the parties should hold been able to come to a reasonable decision as to how to dispose of the issues which divided them. If they could non make this without aid, so an independent go-between should hold been recruited to help. That would hold been a far cheaper class to follow. Today sufficient should be known about ADR to do the failure to follow it, in peculiar when public money is involved, indefensible.† [ 4 ] Clearly, in this instance, the position of the tribunal was that mediation was immensely preferred to the usage of judicial proceeding. Indeed, Lord Woolf maintained that the instance would hold served some intent if it made clear to attorneies that they should merely fall back to judicial proceeding if it is â€Å"really unavoidable.† [ 5 ] In Hurst V Leeming [ 2001 ] , [ 6 ] the claimant sued his barrister for professional carelessness. The tribunal held that there was no sensible chance of the instance succeeding and so entered judgement against him. The suspect had offered to travel to mediation at an early phase in the instance but the suspect barrister refused. Following the judgement, the issue of costs arose and specifically whether the claimant should run into the disbursals of the suspect given the refusal of mediation. The tribunal held that they key factor was whether the mediation had a existent chance of success. Since this was non found to be so on the facts, the tribunal decided that the defendant’s refusal to go to mediation was sensible and he was hence entitled to retrieve his costs from the claimant. The findings of the tribunal in this instance suggests that whilst the value of mediation was recognised, its usefulness must be viewed objectively and the tribunals will non promote it by punishin g a party who refuses the chance to take portion if there was no chance of the difference being resolved by it usage. In Dunnett v Railtrack Plc [ 2002 ] , mediation continued to be encouraged by the tribunals, with the recognition that â€Å"skilled go-betweens are now able to accomplish consequences satisfactory to both parties in many instances which are rather beyond the power of attorneies and tribunals to achieve.† [ 7 ] Again, mediation was encouraged in the instance of Cable A ; Wireless v IBM [ 2002 ] [ 8 ] , when it was stated by Mr Justice Colman that â€Å"There is now available a clearly recognised and well-developed procedure of difference declaration affecting sophisticated mediation techniques provided by trained go-betweens in conformity with processs designed to accomplish colony by the agencies most suited for the difference in question.† [ 9 ] This is clearly an indorsement of the mediation procedure and a certain a publicity of its usage. By the clip that the determination was made in Shirayama Shokusan Co Ltd V Danavo Ltd [ 2003 ] , [ 10 ] repeating that in both Kinstreet and Muman, it seemed as if the difficult line attack of the tribunals rendered engagement in mediation compulsory. The tribunals did, nevertheless retreat from this place in Halsey v Milton Keynes General NHS Trust [ 2004 ] [ 11 ] when an entreaty was made against the award of costs to the suspect who had refused several offers to intercede. Lord Justice Dyson declared that â€Å"It is one thing to promote the parties to hold to mediation, even to promote them in the strongest footings. It is another to order them to make so. It seems to us that to compel genuinely unwilling parties to mention their differences to mediation would be to enforce an unacceptable obstructor on their right of entree to the court.† [ 12 ] In instances since Halsey, including Burchell v Bullard A ; Others [ 2005 ] , [ 13 ] the tribunals have maintained their reserve to do mediation compulsory but have however continued to promote it, non least by the menace of costs countenances against parties who refuse an offer to intercede. In decision, it is true to state that ADR has been accorded a outstanding function in the reformed civil justness system since the debut of the Civil Procedure Rules, with their accent on judicial proceeding as a last resort. The usage of mediation has besides been greatly encouraged through instance jurisprudence and even reached a point when it was considered compulsory. Since so, nevertheless, the tribunals have retreated a small but however are still actively advancing the usage of mediation to decide differences. Bibliography Bailey C. A ; Datnow G. ‘Mediation from the Advocates Seat.’ 155 NLJ 728 2005 Brooker P. A ; Lavers A. ‘Commercial and Construction ADR: Lawyers Attitudes and Experience with Mediation.’ [ 2001 ] Civil Justice Quarterly, Vol. 20, 327-47 Brooker, P. A ; Lavers, A. ‘Mediation Results: Lawyers Experience with Mediation , Pepperdine Dispute Resolution Journal, ( 2005 ) Vol. 5 No.2, 161-213 Cornes, D. Commercial Mediation: the impact of the Courts ( 2007 ) 73 Arbitration 12-19 Gibson, W. ‘Mediate or Pay the Price.’ 157 NLJ, 166, 2007. Lightman, G. ‘Mediation: An Estimate to Justice.’ Vol 73, no. 4 Nov 2007, 400-402 Mackie, K. ‘Mediation Rocket Science.’ 156 NLJ 747, 2006. Prince, S. ‘Negotiating Mediation.’ 156 NLJ 262, 2006 Sautter, E. ‘Halsey: Mediation One Year On’ 155 NLJ 730, 2005 Sime, S. A Practical Approach to Civil Procedure. 10Thursdayedition. Oxford: OUP, 2007 Williams, V. Civil Procedure Handbook. Oxford: OUP, 2007 The European Convention on Human Rights ( ECHR ) was signed in 1950, coming into force in 1953. The large-scale maltreatment of human rights during this period gave rise to a desire to guarantee that in the hereafter, cardinal rights would be afforded equal protection. The Council of Europe produced the ECHR, a acknowledgment that international support was required if its purposes were to be realised. The UK Human Rights Act was passed 1998 and requires public governments to transport out their activities in a manner that is compatible with the Convention rights. ECHR rights are set out in a figure of Articles. Article 6 of the Convention provinces: â€Å"In the finding of his civil rights and duties or of any condemnable charge against him, everyone is entitled to a just and public hearing within a sensible clip by an independent and impartial court established by jurisprudence. Judgement shall be pronounced publically but the imperativeness and public may be excluded from all or portion of the test in the involvement of ethical motives, public order or national security in a democratic society.† [ 14 ] Article 6 applies non merely to tribunal proceedings but besides to other types of hearings including arbitration. Arbitration is a method of alternate difference declaration that enables parties to decide instances without resort to the tribunals. Arbitration involves an independent and impartial 3rd party or ‘arbitrator’ whose function it is to make up ones mind the result of the difference. Arbitration is normally used to settle consumer and industrial differences but is may besides be used to find others types of instances and so, many commercial contracts contain a clause that requires the usage of arbitration prior to the beginning of tribunal proceedings. The Arbitration Act 1996 sets out the model for the usage of arbitration. Section 1 of the Act provinces that â€Å" ( a ) the object of arbitration is to obtain the just declaration of differences by an impartial court without unneeded hold or disbursal ; ( B ) the parties should be free to hold how their differences are resolved, capable merely to such precautions as are necessary in the public involvement ; ( degree Celsius ) in affairs governed by this Part the tribunal should non step in except every bit provided by this Part.† [ 15 ] Arbitration, as an alternate declaration difference procedure, is by and large less formal than proceedings at tribunal. Arbiters can be more flexible than the tribunals in their attack and parties can hold a much greater say in the behavior of proceedings, so, it is normally the parties who will hold chosen the arbiter, or at least agreed upon how they are to be chosen. In footings of the arbitration proceedings themselves, the arbiter may make a determination without a hearing, based upon the documental grounds submitted by both sides. In other instances, there may be a full hearing, complete with witness testimony. Despite the less formal nature of the procedure, nevertheless, the determination of the arbiter will normally be lawfully adhering. The determination takes the signifier of an ‘award’ and will normally be accompanied with the grounds why it was made. The award will be enforced by the tribunals if necessary. Once an award has been made by the arbiter, there are few options for entreaty. Even a brief consideration of arbitration suggests that there is possible struggle with the procedure and the commissariats of Article 6 ECHR. Arbitration is normally conducted in private and therefore may conflict with the demand under Article 6 for a ‘public’ hearing. Additionally, depending upon the peculiar procedure employed, the choice of an arbiter may conflict with the demand that the tribunal hearing a instance must be ‘independent and impartial.’ In several recent instances, the tribunals have been asked to find whether the UK arbitrational procedure is compatible with Article 6 of the ECHR. In Stretford v Football Association Ltd and Another [ 2007 ] [ 16 ] the claimant was a football agent who faced Football Association disciplinary proceedings. The regulations of the Football Association contained an arbitration clause. Mr Stretford claimed that the disciplinary proceedings breached Article 6 of the ECHR in that the hearing was non held in public, the court was non independent and the judgement was non publically pronounced. The tribunal considered the instance of Placito v Slater [ 2003 ] , [ 17 ] in which it was held, following Deweer v Belgium [ 1980 ] , [ 18 ] that a party may relinquish assorted rights under Article 6. The release of any such rights, nevertheless, must be univocal and a party can non be compelled to relinquish them. The tribunal held that on the facts, the contract between the claimant and the suspect constituted a release by the claimant of his rights under Article 6. The tribunal held that the understanding was voluntary, the claimant was cognizant, or should hold been, of those commissariats and that his consent was hence univocal. Other affairs taken into history by the tribunal were that arbitration clauses were normally used in the featuring sphere to modulate the relationship between certain parties. To strike down such clauses would hold a wide-ranging consequence and it would non be in the public involvement to forestall parties from holding to arbitration if they so wished . In add-on, the Arbitration Act 1996 requires arbiters to stay both independent and impartial and any failure to make so can be challenged by tribunal proceedings under subdivision 68 of the Act. In Sumukan Ltd v Commonwealth Secretariat [ 2007 ] , [ 19 ] Sumukan had entered into a consultancy understanding with the suspect to supply services to the Namibian authorities. The contract contained an arbitration clause, which included the proviso for an arbiter to be appointed harmonizing to certain regulations specified by the suspect. An arbiter involved in the instance was non decently appointed under the regulations and as such, it was argued that the award was invalid. The tribunal agreed and set aside the original wages, remitting the instance to another, decently constituted tribunal. This instance may be cited as farther grounds that the UK arbitrational procedure is compatible with Article 6 of the ECHR since an abnormality in proceedings led to the puting aside of the award, showing that the tribunals are prepared to declare an award shut-in if the regulations of arbitration are non complied with. Thus the tribunals have clearly acted in a manner that is compatible with Article 6. In Shuttari Fawzia Amtul-Habib V Solicitor’s Indemnity Fund [ 2007 ] , [ 20 ] the Solictor’s Indemity Fund ( SIF ) refused to indemnify the canvasser claimant for claims made against her in 1997. The difference was made capable to the arbitration process laid out in the regulations of the SIF. The claimant indicated which party that she wished to be appointed as the arbiter in the affair. The instance was heard and an arbitration award was made against her. Assorted efforts at entreaty were made climaxing in an scrutiny of the affair by the Court of Appeal. The tribunal considered assorted facets of the instance, including the averment by the claimant that since rank of SIF was compulsory, she had non ‘freely agreed’ to the arbitration clause and hence her rights under Article 6 ECHR had been infringed. It was argued that this meant that the arbitration award was invalid. On the facts, the tribunal refused Mrs Shuttari permission to appeal, as she had no realistic chance of disputing the cogency of the arbitrator’s award. The tribunal took into history that she had instigated the arbitration process instead than tribunal proceedings to dispute its cogency and a one time the award had been made, her challenge to it under subdivision 68 of the Arbitration Act confirmed its cogency. Again, this instance recognised the cogency of the arbitration understanding and demonstrates the court’s reluctance to interfere with a decently conducted arbitration procedure. In decision, in visible radiation of recent judicial proceeding, it appears that although there is possible struggle, every bit long as the UK arbitrational procedure is right followed, it is compatible with Article 6 of the ECHR. The tribunals accept that parties are free to relinquish their rights under Article 6 every bit long as this is done unambiguously and without irresistible impulse. Bibliography Books/Journals Mackie, K. , Miles, D. , Marsh, W. A ; Allen, T. ADR Practice Guide. 3rd edition. Tottel Printing 2007 Marshall, E. Gill: The Law of Arbitration. 4Thursdayedition, London: Sweet A ; Maxwell 2001 Qureshi, K. ‘Arbitration and Article 6’ 157 NLJ 46-7 2007 Qureshi, K. ‘Growing Up Fast.’ 157 NLJ 586-7 2007 Turner, R. Arbitration Awards: A Practical Approach. London: Blackwell, 2005 Web sites ACAS At: hypertext transfer protocol: //www.acas.org.uk/ Accessed 15ThursdayMarch 2008 ADR Now At: hypertext transfer protocol: //www.adrnow.org.uk/go/SubSection1.html Accessed 15ThursdayMarch 2008 Chartered Institute of Arbiters At: hypertext transfer protocol: //www.arbitrators.org/ Accessed 15ThursdayMarch 2008 Legislative acts The Arbitration Act 1996 The European Convention on Human Rights The Human Rights Act 1998 1