Exploring Section free essay sample

Abstract Since the Labour Relations Act 66 of 1995 came into effect the South African labour market has undergone numerous changes. Such a consequence is the rise in the number of employees engaged in atypical or non-standard employment. This paper responds in the affirmative to Cheadle’s assertion that the Labour Relations Act 66 of 1995 provides inadequate protection to vulnerable workers such as non-standard employees. I explore the recent attempts to extend the protection of certain labour and social security laws to some categories of non-standard employees and I recognise their shortcomings. I suggest that senior and middle management employees no longer require statutory protection from unfair labour practices as such protection can be attained through contractual means. I propose that there is presently an urgent need to create a statutory arrangement which affords adequate protection to non-standard workers. 1. Introduction The current South African labour legislation is one which affords too much protection to those who do not need it and far too little to those who require it most. We will write a custom essay sample on Exploring Section or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In his paper Cheadle explores the consequences of the changes to the labour market since 1994 and recognises that the current conceptual structure has failed to accommodate these changes. The first source for reform is that there is â€Å"a huge protection hole – casual workers are not protected, informal workers are not protected, marginalised workers are not protected. † This results from the changes undergone by the labour market and the fact that the current remedies for unfair labour practices in the Labour Relations Act 66 of 1995 have â€Å"never been subject to careful scrutiny†. The most effective response to this problem is a re-evaluation of the current labour legislation. Cheadle’s main argument is that there is no longer a need to protect the working class against unfair labour practices as they are able to protect themselves through contractual means. I concur with Cheadle’s affirmations and in strengthening my argument I focus firstly on the brief history and development of the concept of an unfair labour practice. Through this exploration I evidence how the lack of proper scrutiny of unfair labour practices has resulted in an ill conceived provision. I argue that the current labour legislation does not extend protection to non-standard workers this based on the fact that protection rarely goes beyond the employment relationship. I further argue that if middle and senior employees can contractually negotiate â€Å"their hours of work and rights to any payment for overtime work† then surely this is possible for purposes of unfair labour practices. 2. Origins of unfair labour practices The first observation made by Cheadle is that the ‘jurisprudence relating to the individual employment relation was fully codified in respect to dismissal but only roughly codified in respect of the residue. † Cheadle questions the lack of scrutiny applied to the definition of section 186(2) and argues that there is a need to revise and reconsider the practicality of unfair labour practices listed in section 186(2) of the LRA. The idea of unfair labour practice was first introduced into the South African labour law by the Industrial Conciliation Amendment Act. Under The Industrial Conciliation Amendment Act unfair labour practice was widely defined follows: â€Å"any labour practice which in the opinion of the industrial court is an unfair labour practice. † This wide definition was a mechanism intended to protect white workers against â€Å"less favourable conditions of employment in the face of an extension to black workers of access to occupations previously reserved for whites. † Because of this wide definition the legislature was obliged to intervene and in 1980 the concept of an unfair labour practice was more comprehensively defined. The protection regarding the right to strike, refusal to negotiate in good faith, selective dismissal or re-employment, and the use of derogatory language were then built in to the jurisprudence. However this was considered a rather strange jurisprudence as it governed both individual employment relationships and collective bargaining relationships. By 1995, in devising the Labour Relations Act, the unfair labour practices were built into the Act by way of the whole portfolio of organisational rights. The LRA was then negotiated and a set of transitional provisions relating to unfair labour practice where deferred until the Basic Conditions of Employment Act would be dealt with. When the time came the drafters failed to incorporate unfair labour practices and it was left as a transitional provision. It was finally incorporated through the 2002 amendments, where as Cheadle states, â€Å"a couple of words were changed† and it now constitutes the body of the statute known as a â€Å"charter for middle and top management. The history of unfair labour practice therefore strengthens the argument for the need to re-view the current legislation and to align it with the protection of vulnerable workers. 3. Regulated flexibility One of the underpinnings of the Labour Relations Act is the concept of regulated flexibility. Cheadle explains that in formulating the LRA the focus was channelled at achieving â€Å"efficiency, productivity and adaptability, but within the parameters or th e limits of protection. This ties in with the concept of labour market flexibility which gives rise to â€Å"new types† of employment which include but not limited to, â€Å"non-permanent employment for instance fixed-term and part-time work, through labours broker, tele-work, seasonal work, student jobs, working from home, self-employment and subcontracted work. † The current position is that there is insufficient statutory protection for workers employed in a typical work. Difficulty is further encountered in that the protection afforded under collective agreements does not extend to these forms of employment. Employers’ attempts to avoid protective labour legislation and restraints of the traditional employment relationship have also contributed to the rise in atypical employment. This constitutes the crux of the discussion in that law reform should rather shift its focus from increasing regulation to the achievement of labour market flexibility in order to adapt to the changing economic environment as well as to extend the protection under labour legislation to marginalised workers. 4. Contract of Employment and the â€Å"protection whole† The contract of employment creates a standard form of employment. It is the source from which protection and social security afforded under South African labour law is derived. According to the definition of employee in the LRA and BCEA this would mean that workers employed in a typical or non standard employment are ultimately excluded from the protection afforded under current labour legislation. Despite the wide definition of employee in that it includes â€Å"any other person who in any manner assists in carrying on or conducting the business of an employee†, non-standard workers such as part-time workers or home workers are still not protected by current labour laws. Cheadle argues that the reason labour law legislation does not extend protection to these non-standard worker is based on the history of labour law and the contract of employment. He makes an interesting argument in that the link to the contact of employment must be severed so as to accommodate any worker who works in a sector irrespective of the existence of a contract of employment. I fail to see the rationale behind this assertion. Cleansing the labour legislation of the employment contract would only open up the flood gates for unwarranted litigation and confusion as this is the only source for structure and order. Rather than tearing down well serving structures law reform should rather work on incorporating protective provisions into the legislative framework. A recommendation made by Mathias Nyenti is that trade unions should become more actively involved in extending protection to non-standard workers. However, trade unions are of two minds, on the one hand there is the need to promote the working conditions of non-standard workers but on the other is the fear that supporting labour flexibility will only increase non-standard employment and potentially corrode their support base. . Anti working class law? The next argument made by Cheadle and perhaps the most controversial is that, it has become unnecessary to protect middle and top management against unfair labour practices. The assertion is that these categories of workers can protect themselves through contractual means or otherwise through the common law. However, I question whether the common law is adequately equipped to deal with fai rness in the workplace? For instance, if an employee is presented with a situation where there is no contractual rrangement in place providing for promotional prospects, such an employee cannot claim that the employer acted unfairly in not promoting that an employee. Cheadle further argues that there â€Å"is no need for the judicial regulation of the selection decisions (hiring, training, promotion) and those aspects of discipline short of dismissal (suspension, demotion and other disciplinary measures). † In his breakdown of statutory unfair labour practice Cheadle first addresses the issue of recruitment and hiring and questions the reasoning behind its exclusion from the list of unfair labour practices. He concludes that the legislation has put mechanisms in place to protect against victimisation, discrimination, and corrupt appointments and those should therefore constitute the parameters in which the legislation should operate. Simply put legislation should not interfere with the operational personnel decisions of the employer. The issue of promotion is an interesting one. Cheadle questions why senior and middle management are given the right to challenge a promotion whereas this has never been a problem for ordinary workers. This mirrors the position in appointment and hiring. Which brings us back to the questiondo senior and middle management really need such protection? The next unfair practice is the issue of demotion and I question why such a practice is regulated because as Cheadle asserts one cannot be demoted without their consent. If a worker is given an alternative between demotion and dismissal and the worker refuses to be demoted, that can be challenged under the law of dismissal. â€Å"Cheadle’s argument is therefore not for greater inclusion but rather an acknowledgement of the remedies and relief under existing common law and contract law. 6. Business perspective From a business perspective it is argued that an increase in labour market flexibility will attract foreign investment resulting in high employment levels and the mitigation of poverty. The argument is that over-regulated labour markets tend to have the opposite effect, reducing global engagement and the prospect of employment. â€Å"However, trade unions believe that govern ment needs to protect its vulnerable workers against exploitation if it is to achieve its social transformation objectives. † 7. Conclusion The recent changes in the labour market have thrown vulnerable workers in a â€Å"protection hole† and the current labour legislation unfortunately fails to remedy this position. The bottom-line is that labour reform should be focused on protecting those employees who need protection the most such as workers in atypical employment. There is a great need not only for legislative reform but also reform of the institutions which implement the legislation such as the Commission for Conciliation, Mediation and Arbitration. While I am in agreement with Cheadle’s assertions on the most part, the suggestion that the employment contract should be done away with is a highly controversial and one which I do not agree with. One provision which should be reviewed or even removed however is one which offers unwarranted protection to senior and middle employees who are able to protect themselves through contractual means. Section 186 no longer has a place in the legislative framework and should either be re-evaluated to include vulnerable workers or removed in its entirety. Bibliography Books Van Jaarsveld et al 2001 LAWSA 8

Leadership within the organization effective learning processes

Leadership within the organization effective learning processes Introduction The decisions made by leaders determine the success of an organization; they have the role of mentoring and creating a learning environment to enhance the performance of their teams.Advertising We will write a custom assessment sample on Leadership within the organization: effective learning processes specifically for you for only $16.05 $11/page Learn More The main difference between a leader and a manager is that leaders lead people while managers manage tasks; with this role, leaders must develop appropriate mechanisms of enhancing learning and staff participation in an organization Muller, J., (Maclean and Biggs, 2009). This paper discusses the most critical areas for leadership within the organization to concentrate on in developing effective learning processes. Creating a positive Organizational culture To have an environment favorable for learning, leaders must create a positive organizational culture that rewards success and efforts of a n employee. When employees have invented or innovated something, the management should recognize them; this will motivate them learn more and innovate others. Within teams, it is area that employees learn a lot amongst and from each other, leaders have the role of developing an orchestrate team that embraces team spirit. This will enhance knowledge and experience sharing that leads to learning of new traits and tactics by employees. The leader should be delegating duties and power effectively to create an urge in his team members to learn and improve their skills. Toyota Motor Corporation has a culture that facilitates learning, the company even has a training institute where its employees can enroll for sponsored course, and this facilitates learning in the organization. Enhancing appropriate human resources practice Organizations with a well-structured human resources management enhance a learning experience, employees in such organizations are highly motivated and they have the w ill to develop themselves through learning process. Human resources has the role of creating numerous training programs as demanded by the organization; team leaders has the role of advising the human resources on the trainings they will facilitate, this will enhance the growth of learning spirit in the organization.Advertising Looking for assessment on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Zappos shoe company has been successful in the business because of its effectively managed human resources; the internal customers enjoy some benefits which include are free medical care and lunches, free vending-machines, fully equipped-free library and a nap room; the policies aims at developing team spirit that facilitates learning of new tricks and tactics (Zappos Official Website, 2011). Involvement of team members in decision-making An efficient leader should involve his team in decision-making. Leaders have t he role of implementing strategies, entrepreneurial and mandated with the role of creating a winning team. Different situations and organization calls for different leadership styles, thus management should ensure that they understand the kind of style that can be implemented in their organization. When team members are involved in decision-making, they get a chance to learn from each other as well as from the leadership (Hornsby Warkeoczeski, 2000). The success of Apple Inc has been attributed to a robust team that is willing to learn and in the process, it has developed numerous inventions and innovations. How organizations should account for the societal aspects affecting organizational learning and knowledge Organizations need to recognize that external factors/forces affect learning and knowledge development in the organization. To ensure that the effect is not negative, an organization needs to have good relationship with the external environment. To create good environment, a company need to be ethical in its processes and adopt corporate social responsibility activities; this will enhance the relationship that the company have with the external environment. Culture within the environment of operation has an effect on an organizational learning and knowledge development, a company should develop culture intelligence programs to reduce the risk of contradicting the culture of internal and external customer, when this is done it will enhance learning within the organization (Meinolf, Ariane, John and Ikujiro, 2003) References Hornsby, T. and Warkeoczeski, L. ,2000. New roles for leaders: A step-by-step guide to competitive advantage. Franklin: Hillsboro Press. Meinolf, D., Ariane, A., John, C. and Ikujiro, N.,2003. Handbook of Organisational Learning and Knowledge. Oxford: Oxford University Press.Advertising We will write a custom assessment sample on Leadership within the organization: effective learning processes specifically for you for only $16.05 $11/page Learn More Muller, J., Maclean, R. and Biggs, H., 2009. The impact of a supportive leadership program in a policing organization from the participants perspective. Work, 32(1),Pp. 69-79. Zappos Official Website, 2011. Zappos.com.

History Essay Example | Topics and Well Written Essays - 500 words

History - Essay Example In the 1890 and 1915 elections in the Unite States, the republicans and the democrats joined to draft state laws prohibiting third party candidates from having third names on the ballot in presidential elections. Third party candidates are more likely to win elections easily at the local level which may cost a lot in other aspects of the elections according to Bibby and Schaffner (278). In avoiding this, the American government adopts a unique electoral system of winner-takes-all which allows the domination of two parties only. The third party candidate is said to add more weight on either of the two candidates in an attempt to improve their political agenda after elections. Although these third party candidates rarely emerge as winners, they may have an impact on the elections. For instance they mostly accused with issue of spoiler impact. This is because they it is likely for them expose issues which majority parties may ignore. If the issue is accepted by the voters, the major par ties may adopt it into their party platform. Another impact of third party candidates is that they can be used to pass a protest vote as a type of referendum on a significant issue. This may have the effect of an important issue being voted against due to disagreements between the major parties.

Final Case Report Essay Example | Topics and Well Written Essays - 5000 words

Final Case Report - Essay Example In 2011, the entry of the crystal silicon producers mainly from China has resulted to the reduction in the module costs. In order to face the increase in competition, First Solar has applied new technological approach in order to manufacture solar cells. The case of First Solar revealed the fact that the concerned company has been effective in performing operations competitively owing to cost advantage in using crystal silicon. The key strategic issues identified from the case of First Solar are that the company has faced increased competitions from other producers of solar modules. In addition to this, the entry of Chinese firms in solar industry has been affecting the leadership position enjoyed by First Solar as an individual competitor in the solar industry. In this respect, the competition from other firms had a negative impact on the market share of First Solar (First Solar Inc, 2013). The aim of the essay is to develop strategic planning report for First Solar on the basis of identifying the problems or issues faced for market competition. Furthermore, internal and external analysis of the environment has been conducted with the intention of identifying the threats as well as opportunities for the concerned company. In addition to this, strategies have been developed based on the issues identified using different analytical models that are essential for the success of the company in the long run (First Solar, 2015; First Solar Inc, 2013). First Solar is the global producer and seller of solar modules and uses photovoltaic energy for producing the same. First Solar as one of the renewable energy organizations is devoted to sustainable business practices in order to gain competitive position in the market. The mission statement of the company reveals the objectives of the organization. The mission of First Solar is to provide clean and affordable solar electricity worldwide. In addition to the use of eco efficient solution to generate

Diversity in the work force. HR Essay Example | Topics and Well Written Essays - 750 words

Diversity in the work force. HR - Essay Example (Hubbard) In the modern business context, it is widely considered that the existence of diversity at the workforce and the effective management of such help in augmenting the profit position of the companies. It is seen that the diversified workforce helps in formulating strategies for marketing activities. Moreover, the diversified workforce also helps in citing effective problem-solving techniques. The diversified workforce group also enables the organization to innovate newer products and processes. The above facts are dealt with in an elaborative manner. (Hubbard) The modern practice of trade and commercial activities reflect the effect of globalization in them. It is because due to the restructuring of the communication industry the world has been reduced to a global village. Moreover, the opening up of the markets has led to the business organizations to cater to a large number of customers spread throughout the world. The global image brought about in the firms has greatly helped in increasing of sales and revenue due to widespread business expansion. The Japanese Car Manufacturing companies are becoming conscious of the fact that in United States the women consumers in the automobile segment are fast increasing. Again, the industrial sector focusing on the consumer goods segment is also widely conscious that American population is gradually being filled up with immigrants from several Asian and Latin American nations. Thus, a general advertisement or marketing strategy made for a product or service in America lapses in drawing proper atte ntion from the diversified American population. (Hubbard) The enhancement of the performance parameters of the firm based on revenue generation and profitability is increasingly related to the increased participation of the diversified workforce in problem-solving exercises. It is found that the workforce consisting of people coming

The Friedrich Nietzsches Worldview Philosophy Essay

The Friedrich Nietzsches Worldview Philosophy Essay Each person has a different way of perceiving and interpreting the world. It is his or her worldview that decides his perspective. According to Nancy Cavender, Basic background beliefs make up world views. World views are like lenses that cause us to see the world in a particular way, or like filters through which we process our new ideas or information (26). Worldview not only influences the way someone thinks or sees the world, but also his or her decisions. Therefore, people can figure out someones worldview based on his or her actions, decisions, or ideas. Friedrich Nietzsche, one of the most influential German philosophers, has influenced, impacted, and brought forth new questions for many philosophers to follow. In one of his famous writings, Morality as Anti-Nature, Nietzsche expresses the belief that the church that represents morality negates the value of life and says no to all the desires of life. Based on Nietzsches words and ideas in the work, people can realize that he has a positive outlook on life. Nietzsche believes that to acquire a positive life, people have to live with their passions. According to him, passions are roots of life which are desires by nature. They are found in living things (702). These desires exist as part of who we are; they define us in a way. They can aid us, and they can also harm us. When people embrace our desires, people acknowledge their positive sides and negative sides; they dont hide their evil and they have peace of mind in their life. Due to the damaging side of passion, on the contrary, churches that symbolize morality choose to remove passion to be out of suffering its consequence. As Nietzsche points out, The church fights passion with excision in every sense: its practice, its cure, is castratism which means cutting off sensuality, pride, avarice, vengefulness (702). This implies that the church wants its followers to obey a series of negative enforcements or impossible rules which are against their nature. In other words, the churchs meth od is getting rid of the negative side of passion, the church ready accept to give up good side of passion, and the church wants people to hide their vice. Their method clearly is not successful. As Nietzsche declares that the extreme of the church reaches its climax only when such types lack even the firmness for this radical cure, which suggests that the more extreme the church becomes, the less successful it is (702). Nietzsche also points out the situation of the followers, The most poisonous things against the senses have been said not by the impotent, nor by ascetics, but by the impossible ascetics, by those who really were in dire need of being ascetics (702). This strongly supposes that its followers cannot conform to the set of morals or the rules of the church, not because they are powerless or effortless, but they know that they never can fulfill the impossible requirements. Moreover, it implies the followers are miserable and become mentally self-imposed slaves because t hey are kept in a perpetual state of sin, which can only be remedied by the church. As Nietzsche shows, the churchs way fails because the kind of morality which the church embodies is against the instincts of life (703). All Nietzsches illustrations of the negative method of the church imply that people cannot get a positive life until they are living under the naturalistic morality_the passions that he asserts to be kind of healthy morality (703). Nietzsche also supposes that to live a positive life, people need to possess a power to conquer hindrance. As mentioned above, passions of a person also have negative side; they can drag down their victim with the weight of stupidity (701). In order to harvest the benefits but avoid the stupidity of the passion, Nietzsche suggests that people get over their obstructions by spiritualizing hostility, which he means a profound appreciation of the value of having enemies (702). This clearly implies that people need to possess power to resist their temptation and to tame it or redirect it in a constructive way. Furthermore, he emphasizes another meaning of internal enemy, which means acting and thinking in the opposite way from that which has been the rule (702), such as the rule of the church or the institutions. This will help people liberate themselves from imposed rules or ideas from institutions, find a creative way to make decisions people need to make to get they want for their lif e or to make a difference for their life. Nietzsches positive worldview of life is also reflected in the attitude that people who embrace their own nature need to have a tolerance view to their enemy or their difference. He claims that life contains a rich variety of ways of living, so people need to accept and respect those varieties. As Nietzsche states, We immoralists, have conversely, made room in our hearts for every kind of understanding, comprehending, and approving (705). He He also claims that having an internal enemy will help people to stay young in spirit and open to gain comprehension and approval (705). when people can curb their weakness or their enemies, they will become stronger in spirit and feel pleased with themselves, and more importantly, gain freedom of the will which is the main factor to help us to succeed in life and gain happiness. In short, Life is not about whats right but whats wrong Think The Opposite from Paulo Ferreira

Rainy Mountain :: Essays Papers

Rainy Mountain Summary of â€Å" The Way To Rainy Mountain â€Å" ( Momaday p. 430 ) Momaday, tells the story of his grandmother and how she evolved from a land of her ancestry. She, being one of the few â€Å"belonging to the last culture to evolve in North America† (431). In a descriptive detail, Momaday, portraits the events that takes us on a journey through time before our modernized society had come into existence. A time of survival, rituals, suffering, and extinction. He starts out by setting the scenery of the place where his grandmother lived. A somewhat rigid area of the Southern Plains, where the seasons were of raging intensity. A place in time occupied by his grandmothers people, the Kiowas. A very â€Å"lordly and dangerous society of fighters and thieves, hunters and priest of the sun† (431). They had descended down out of Montana, and â€Å"war was their sacred business, and they were the finest ho rseman the world has ever known† (430). But as time had evolved into the migration of civilization, her people were forced to surrender their way of life to the soldiers. Fortunately, this was before her time. Momadays grandmother, Aho, lived an eventful life amongst her people, bearing stories of her participation in one of the last rituals of the sun-dance, which was interrupted by the soldiers.

Slave Narrative Sarah Garner

HIST 1301 April 13, 2013 Summary of Interview with Sarah Garner Mrs. Sarah was a slave in Westmoreland County, and conducted an interview with Archibald Hill. She describes that she did not have an overseer for her labor, in which he expected them to do good work. If they didn’t complete the work, he was at liberty to whip them. She also describes her first time getting whipped as very unpleasant when she didn’t know how to do the labor. Garner was born in Tennessee and her mother, Jula, was born in Virginia. Garner’s husband, Theodore, was born in Blackground, and married him when she was eighteen.Her master bought him and his mother when he was 8 years old. Garner also had two brothers. Next, she describes planting the farm as a child. She’d have to pick it off wit her feet. They had plows so all the work wasn’t done by hand. She explains that she could do as much work as any man could handle. You had to stake the land crossways and plow the open rows. The master had one plow but was having more made at the shops. They made the plows by hand. She was never a house person, which her mother was. She thought of herself as a farmer. She could do any gung; milked cows and hauled flowers.She never had to cook, iron, clean, or wash for the white people. She worked from the day she was born until the day she left. Her mother raised her to be strong. Garner worked outside while her mother stayed inside doing housework. Garner never talked about being able to read and write. Her mother cooked them all meals after the white family ate. At night her mother taught life lessons to all of her siblings. Her father usually worked from early mornings to late at night. On of the main reasons masters didn’t want their slaves to become Christians involved the Bible.This was one reason why most plantation owners did what they could to stop their slaves from learning to read. In the South, black people were not usually allowed to attend chu rch services. Black people in the North were more likely to attend church services. Drums, which were used in traditional religious ceremonies, where banned because overseers worried that they would be used to send messages. Garner raised 12 children. When her son got old enough to care for himself, she moved away. She had three sons. When her son died, she came back here.Her 12 children including her daughters all grew up to go elsewhere. Most of them went North. Some went to Philadelphia, New York or Virginia. Her youngest son died shortly after he was married. She believed that they were in God’s hands, and did what God wanted. They all went their own separate ways when the got old enough. They come back to see family sometimes. Garner becomes excited when asked about life up North, until she sees the labor involved, and she thinks about the work she used to do at home. She lived a healthy life and she enjoys being free.

Globalization in the Modern World

Globalization in the Modern World If you look at the tag on your shirt, chances are you would see that it was made in a country other than the one in which you sit right now. Whats more, before it reached your wardrobe, this shirt could have very well been made with Chinese cotton sewed by Thai hands, shipped across the Pacific on a French freighter crewed by Spaniards to a Los Angeles harbor. This international exchange is just one example of globalization, a process that has everything to do with geography. Definition and Examples of Globalization Globalization is the process of increased interconnectedness among countries most notably in the areas of economics, politics, and culture. McDonalds in Japan, French films being played in Minneapolis, and the United Nations  are all representations of globalization. Improved Technology in Transportation and Telecommunications What makes globalization possible is the ever-increasing capacity for and efficiency of how people and things move and communicate. In years past, people across the globe did not have the ability to communicate and could not interact without difficulty. Nowadays, a phone, instant message, fax, or video conference call can easily be used to connect people throughout the world. Additionally, anyone with the funds can book a plane flight and show up halfway across the world in a matter of hours. In short, the friction of distance is lessened, and the world begins to metaphorically shrink. Movement of People and Capital A general increase in awareness, opportunity, and transportation technology has allowed people to move about the world in search of a new home, a new job, or to flee a place of danger. Most migration takes place within or between developing countries, possibly because of lower standards of living and lower wages push individuals to places with a greater chance for economic success. Additionally, capital (money) is being moved globally with the ease of electronic transference and a rise in perceived investment opportunities. Developing countries are a popular place for investors to place their capital because of the enormous room for growth. Diffusion of Knowledge The word diffusion simply means to spread out, and that is exactly what any new found knowledge does. When a new invention or way of doing something pops up, it does not stay secret for long. A good example of this is the appearance of automotive farming machines in Southeast Asia, an area long home to manual agricultural labor. Non-Governmental Organizations (NGOs) and Multinational Corporations As global awareness of certain issues has risen, so too has the number of organizations that aim to deal with them. Sos of NGOs include Amnesty International or Doctors Without Borders. As countries are connected to the rest of the world (through increased communication and transportation) they immediately form what a business would call a market. What this means is that a particular population represents more people to buy a particular product or service. As more and more markets are opening up, business people from around the globe are coming together to form multinational corporations in order to access these new markets. Another reason that businesses are going global is that some jobs can be done by foreign workers at a much cheaper cost than domestic workers. This is referred to as outsourcing. At its core globalization is an easing of borders, making them less important as countries become dependent on each other to thrive. Some scholars claim that governments are becoming less influential in the face of an increasingly economic world. Others contest this, insisting that governments are becoming more important because of the need for regulation and order in such a complex world system. Is Globalization a Good Thing? There is a heated debate about the true effects of globalization and if it really is such a good thing. Good or bad, though, there isnt much argument as to whether or not it is happening. Lets look at the positives and negatives of globalization, and you can decide for yourself whether or not it is the best thing for our world. Positive Aspects of Globalization As more money is poured into developing countries, there is a greater chance for the people in those countries to economically succeed and increase their standard of living.Global competition encourages creativity and innovation and keeps prices for commodities/services in check.Developing countries are able to reap the benefits of current technology without undergoing many of the growing pains associated with the development of these technologies.Governments are able to better work together towards common goals now that there is an advantage in cooperation, an improved ability to interact and coordinate, and a global awareness of issues.There is greater access to foreign culture in the form of movies, music, food, clothing, and more. In short, the world has more choices. Negative Aspects of Globalization Outsourcing, while it provides jobs to a population in one country, takes away those jobs from another country, leaving many without opportunities.Although different cultures from around the world are able to interact, they begin to meld, and the contours and individuality of each begin to fade.There may be a greater chance of disease spreading worldwide, as well as invasive species that could prove devastating in non-native ecosystems.There is little international regulation, an unfortunate fact that could have dire consequences for the safety of people and the environment.Large Western-driven organizations such as the International Monetary Fund and the World Bank make it easy for a developing country to obtain a loan. However, a Western focus is often applied to a non-Western situation, resulting in failed progress.

The eNotes Blog Marchs Teachers Corner BlendedLearning

Marchs Teachers Corner BlendedLearning In the olden days- really not that long ago- technology in the classroom was an intercom connection with the  office and a 16mm projector that showed black-and-white documentaries. When film strip projectors arrived  on the scene, they represented real innovation; a film strip machine with audio and auto advance was cutting  edge. The term â€Å"blended learning† didn’t exist because there was nothing to blend. The concept of blended learning didn’t enter the mainstream of education until the 1990’s as the internet  continued to expand and schools began investing in classroom computers and software. Since then, the idea  of â€Å"blending† internet and digital media resources with traditional classroom instruction has become the  prevailing force in determining how instruction is delivered. Laptops and tablets are quickly replacing  textbooks, and blended learning has become the focus of professional development. Teachers now race to  keep up with the explosion of new technology resources and the myriad ways they can be used in instruction. There are six models of blended learning. For an overview and a description of each model, check out this Web site.  Based on the descriptions, the â€Å"Face-to-Face Driver† model  seems to be most representative of how blended learning is being implemented in the majority of our  classrooms. The teacher delivers most of the curriculum and employs online resources to supplement  instruction and promote learning. Sounds easy enough, but keeping up with the increasing number of technology resources at  hand and using them most effectively have  become daily challenges. Here are some ideas to help sort things out. Kids the Internet With laptops, tablets, or shared classroom computers, students have immediate access to a world of  information. Sometimes, though, they lack the skills and experience to trek through the blizzard of articles  they find online. For younger students and those whose reading levels make it difficult  to use online resources, here are a couple of good Web sites: Factmonster is an online general  encyclopedia that’s not hard to navigate, and it’s filled with information in easy-to-read articles. Ducksters is designed for students K-8, and offers information and  activities in history, biography, geography, and science, along with homework help, games, and sports. Kids Computer Games Using interactive games and activities can be effective in supplementing instruction in every subject and grade  level. They’re also useful in differentiated instruction and remediation. There are thousands to choose from on  the net, but finding the right ones takes time, and time is always in short supply. To narrow your search, look  at these: For students K-12, check out the interactive games and activities at Hoagies Gifted Education Page. They cover many subjects, including engineering, physics,  space, and astronomy. At Interactive Sites for Education  you will find lots of good  interactive games and activities, K-5, in math, science, language arts, social studies, music, art, and  even typing. The brainteasers are worthwhile, too. Other Ways to Blend Learning In making blended learning effective and engaging, consider some of these ways to implement it: Tap into social media. Write some lessons that incorporate Skype, Twitter, and Facebook. Here’s a site  that features 100 ways to use social media in developing classroom projects and activities. Read books online, free of charge. Create a virtual classroom library filled with new books and stories.  At www., you’ll find eTexts of hundreds of works of literature that can be read in their  entirety online, free. Also free are the children’s books that can be read online at Childrens Books Online. It’s an amazing collection. Project Gutenberg  offers free ebooks in the public domain and features titles from world  literature. Supplement and enhance lessons with instructional videos, movies, and film clips. Save time in locating  what you need by visiting this article. It features The  100 Best Video Sites for Educators and describes what you can find at each one. Whatever subject or grade you teach, take your students on virtual field trips. A great collection of  virtual tours can be found at here. Among them  are some virtual reality tours of famous places as they existed in the past. Design lesson-related activities that allow students to use technology in creative ways- drawing  pictures, completing DIY projects, and making music or their own movies. You’ll find top-rated apps for  students K-12 at Graphite. Many of the apps are free. Every resource that can be tapped through technology isn’t necessarily valuable in the classroom. For blended  learning to be effective, it must be orchestrated by teachers who understand their students and who  recognize what can be achieved by connecting them with the right resources at the right time. As always, kids need their  teachers. Without them, the newest, most sophisticated technology is just an improvement on the film strip  machine. Have a great spring break! See you in April. This is a guest post from Staff Writer, Susan Hurn.   Susan is a former high school English teacher and college instructor. She loves writing for and also enjoys good books, creative writing, and all things related to history.   Let us know if youre interested in contributing to the   blog.

Burden Of Proof in Civil Cases Research Paper Example | Topics and Well Written Essays - 1500 words

Burden Of Proof in Civil Cases - Research Paper Example There is considerable literature that argue against the principals of the burden of proof. The statistical element of preponderance standard as construed by †¦ is not optimal, and he argues that that the adductive approach is used to quantify the degree in which evidence should be relied on. Since the burden of evidence is classically charged on the plaintiff. The burden of evidence makes the judicial process simpler but exposes the court to errors. The outcome of the case is dependent on the evidence presented by the plaintiff. The trial process may work in favor of the defendant especially in occasions where matters involved are not recordable. This article argues that despite the importance of the burden of proof in establishing liability of the defendant, it marked by considerable shortcoming that has led to inaccurate verdicts. The burden of proof is a critical aspect of adjudication systems. Louse Kaplow in his journal acknowledges that this concept has been subjected to minimal normative analysis. This article will explore the concept of burden of proof in civil litigation and how it hardly works in our adjudication systems (Kaplow, 2014). The litigant assumes the status quo. The plaintiff is charged with the responsibility of proving a claim by factual presentation beyond a reasonable doubt. The burden of prove creates a passive and just legal environment where the complainant shows a case while the defendant establishes some defense facts. There are classical norms and standard that the evidence presented should lie within. The plaintiff will present evidence that is considered by judge/jury for possible conviction of the defendant. The defendant does not have to proof his/her innocence but in the state stands in a court of law as a reference point.   

Case of Vasiliy Gorshkov and Alexey Ivano Essay

Case of Vasiliy Gorshkov and Alexey Ivano - Essay Example There are readily available hacker tools that can be used by unskilled people to wreak havoc for financial gain or just for fun. The disturbing reality is that many people are not aware they are actually committing a crime until it is too late. This has been a serious problem for teachers, parents, governments and businesses trying to work hard to protect children and the general public from online threats. The best way to protect people from computer crime is by letting them understand what computer crime is all about. Computer crime can be viewed in three ways. The first one is attacking computers of other people by spreading malicious viruses. The second one is using a computer as a weapon to commit crime like illegal gambling or fraud. The third one is storing information in a computer illegally. Introduction In this case study of Vasiliy Gorshkov and Alexey Ivanov we are going to examine whether the FBI investigative techniques went too far in apprehending the two Russian cyber criminals. In addition to this, we will also investigate how the FBI used the law to apprehend the cyber criminals and whether their actions should stand scrutiny under the current U.S. cyber law. Furthermore, more case studies will be examined and the impact of cybercrime investigations of non-U.S. citizens will be discussed and analyzed. The overview has looked at what computer crime is all about and the definition can summarize computer crime as attacking computers of other people by spreading malicious viruses, using a computer to commit crime, and storing illegal information on a computer. Case study Ivanov a 20 year old computer programmer from Russia flew to Seattle in November 2000 to apply for a job in a company called Invita Security. He was promised a dream job and took with him Vasiliy Gorshkov, a fellow programmer. After their arrival in Seattle airport they were given interviews of hacking other networks which they proved to be very successful. They were later arrested by the FBI. In Washington on October 10, 2001, a jury found Vasiliy of Russia guilty on 20 counts of conspiracy on fraud and computer crimes. The targets of the computer crime include Nara Bank, Speakeasy Network, PayPal, National Bank of Waco, and many other companies. He faced a maximum prison term of five years on each count, and a possible prison sentence of 100 years and a fine of $250,000 on each count, although he was sentenced to three years in prison. Ivanov was also charged with conspiracy, hacking, extortion and computer fraud and was given a prison term of eight months and owes in excess of $800,000. Analysis of case study The Federal Bureau of Investigation in the case study did not follow any International Law in their pursuit of the two cyber criminals however the deceit to get them into America is commendable because it allowed the FBI to exercise the right legal justice system in apprehending them. This was done by using a fictional company called Invita that lured the two Russians and their success in hacking into Invita proved they were guilty of cyber crime. According to the United States law the right way in obtaining evidence is not by deceiving computer criminals into committing a crime rather it should be to catch criminals in the act of committing a crime