Doing Business with Multinational Organizations

INTRODUCTION Owing to the fast evolution of information and technology organization are operating in an environment where the geographical boundaries are none existent and a company with a subsidiary in another continent operates as if they are in the same city. This paper seeks to identify how this has affected way of doing business by multinational organization by looking and four aspects, which are cultural differences, ethical issues, strategy and industrial or business. 1. CULTURAL DIFFERENCES Culture plays a very important aspect in various aspects of business especially for multinational corporations (MNC) operation on a global level. Cultural variations affect the way a firm conducts its business in different geographical regions and around different cultural settings so that they widen their market base, increase revenue and reduce conflicts resulting from cultural differences(Deresky,2008).Managers of MNCs have to understand what implications cultures have on various busine ss transactions. The main areas where cultural factors affect multinational corporations are: 1. 1. Influence on Strategy that will be used A multinational company must research on the cultural aspects of a new market they would like to venture in. They have to understand the likes and dislikes, preferences, what is considered right or wrong, what is valued, what is the common belief in the area they are going to operate in.An example is in Saudi Arabia where religion dictates what happens in normal business transactions and daily activities for instance for Muslims who pray five times a day, departmental stores and other businesses created room to allow the Muslim customers and employees to pray moreover during the month of Ramadan, most businesses are closed during the day as the Muslims are fasting and are less active during the day and opt to open in the evenings when people are more active. 1. 2. Communication Language and non-verbal communication are cultural cues that affect passing of messages from one party to another.Communication between parties that come 2 from different cultures becomes more challenging because of the differences elements of culture and what they value in communication. Different cultures have different communication styles (Gallois and Callan ,1997). These communications styles are: 1. 2. 1. Explicit Vs Implicit Communication Explicit communications is where someone when someone talks it is straight to the point and unambiguous for example Americans. Implicit communication is usually indirect and inexact for example Indonesian communication.For instance a mother telling a man that he is not compatible with her daughter serves him with tea and bananas instead of telling him directly (Gallois and Callan ,1997). 1. 2. 2. Direct Vs Indirect Communication Direct communication states direct action for example ‘has this report done before you go home’. When someone hears direct speech they know what is to be done. Greek emp loyees prefer this kind of communication as they prefer orders as compared to their contribution in management decisions. Indirect communication is not authoritative and encourages input from the listener.American managers prefer this kind of communication as it goes with their managerial style of participatory management. 1. 2. 3. Silence Vs Verbal exaggeration Silence is also seen as a way of communication but different cultures perceive silence in different contexts. The Japanese use silence during negotiations as a strategy to control the negotiation process however if their counterparts are 3 Americans, they would see this silence as lack of knowledge or an indication to move to the next point. On the other hand some cultures dramatization and over emphasize to express the gravity of the matter.This has been observed in the Arab states where common words are used at the end of sentences and pronouns will be repeated for emphasis also used are graphical similes and metaphors. Ma nagers in multinational corporations should therefore study very carefully which communication style takes prevalence in what area and use what is preferred (Gallois and Callan ,1997). 1. 3. Non-verbal communication Non-verbal is another way of communicating messages and portrays messages with more emphasis than words as they say actions speak louder than words. Non-verbal communication includes body movements, posture and gestures, facial expressions.In intercultural communication, it is possible that people rely on non-verbal communication especially when verbal messages are unclear or ambiguous. This is because non-verbal communication is used to add meaning to our verbal communication. How non-verbal communication is used also varies for example low context cultures like the Americans tend to concentrate less with non-verbal communication. This means that it is not there but it is given little importance compared to the words. Examples of non-verbal communication cues are proxem ics (space), tone of voice, body gestures, facial expressions and eye contact (Gallois and Callan ,1997). . 4. Negotiations This is a process where business people engage in discussions with the objective of 4 reaching an agreement that will result in the parties involved benefiting. Negotiations for multinational corporations are usually with the suppliers of capital (investors), suppliers, service providers, the Governments involved (either domestic or foreign), customers and the society. Managers should be aware of the sensitivity and complexities of negotiations especially that are caused by cultural differences as these are usually the key to success (Horst,1972).The multicultural negotiation process is as outlined below 1. 4. 1. Preparation: Understand the counterpart’s culture as compared to ours and identifying the differences. Meant to make us understand the counterparts culture 1. 4. 2. Relationship building: This stage is used to build trust, some cultures find thi s step irrelevant while others emphasize on relationship building and spend more time here. 1. 4. 3. Exchange task related information: Presentation of details by each the parties and they state their stands. Culture dictates how much information is revealed. . 4. 4. Persuasion: Each party tries to convince the counterparts to take their option by explaining the benefits each would get from their stand. 1. 4. 5. Concession and agreements: This is where agreements are reached and using culture, negotiators know how they will get to this point. 1. 5 Motivation This is what gives human beings or groups the desire or willingness to do something 5 in terms of work and personal life and such a context is greatly influenced by cultural variables that affect attitudes and behavior. Using Hofstede’s ultural dimensions we can evaluate how different motivation methods by multinational corporations would affect employees from different cultures especially if they use the same methods acr oss several countries. 1. 4. 6. Individualism/Collectiveness People who are members to a culture that promote individualism such as the American culture would be motivated by opportunities for individual advancement and autonomy plus they would prefer individual rewarding systems than people of a collectivist nature who would prefer rewards of the entire group and would be motivated with what will advance the entire group. . 4. 7. Uncertainty/Avoidance People who are members of cultures who prefer to avoid opportunity would prefer job security while the opposite would be motivated with risky opportunities for variety and fast track development. 1. 4. 8. Power distance A low power distance culture will be motivated by team work, contribution coming from all members while in a high power distance, motivations comes from the relation ship of the managers and the subordinates. 1. 4. 9.Masculinity/Femininity A masculine culture would prefer the traditional division of work and roles by g ender and each gender to stay in their positions for example the traditional African culture 6 while in a feminine culture is open and will motivate people through flexible roles and equal opportunity . (Harris and Moran ,2000) 2. ETHICAL AND LEGAL ISSUES Globalization has led to the development of worldwide and regional governing bodies such as the World Trade Organization (WTO), European Union (EU) and the Common Market for Eastern and Southern Africa (COMESA).They are tasked with regulating interactions between economies and preventing conflicts as well as ensuring business ethics and legal measures are taken care of (Farrell et al, 2008) 2. 1Examples of Regional and world governing bodies 2. 1. 1. World Trade Organization The World Trade Organization (WTO) is the only global international organization dealing with the rules of trade between nations. At its heart are the WTO agreements, negotiated and signed by the bulk of the world’s trading nations and ratified in their parliaments.The goals of the WTO include among others the administration of trade agreements, facilitation of trade negotiations, settlement of trade disputes, provision of legally binding ground rules for international commerce and trade policy. Basically WTO attempts to reduce barriers to trade between and within nations and settle trade disputes ( Ferrell, Fraedrich & Ferrell, 2008). The WTO can be said to favour the powerful multi-national corporations, which daily strengthen their grip on the world economy. This has led to smaller nations being forced to open up their trade areas e. China being forced by US to open up its trade 7 to allow U. S imports. Globalization of multinationals has many adverse effects on millions of people throughout the world. The overriding aim of the WTO, in short, is to create a world eminently fit for the multi-national corporations to live in. 2. 1. 2. European Union The European Union is the economic association of over two dozen European countrie s, which seek to create a unified, barrier-free market for products and services throughout the continent, as well as a common currency with a unified authority over that currency.The EU relies on member states to protect collective labor rights. The EU expects member states to have thriving trade unions and employees associations to participate in the legislative process at EU level that can help to implement directives at the national level. The EU also places considerable importance on upholding human rights standards in its dealings with 3rd world countries (Alston, 2005). 2. 1. 3. COMESA The Common Market for Eastern and Southern Africa, is a preferential trading area with nineteen member states stretching from Libya to Zimbabwe.COMESA formed in December 1994, replacing a Preferential Trade Area which had existed since 1981. The main objective of COMESA is to facilitate the removal of all structural and institutional weaknesses of member States, and the promotion of peace; secu rity and stability so as to enable them attain sustained development individually and collectively as a regional bloc. Among other things, COMESA member States have agreed on the need to create and maintain: 8 ? a full free trade area guaranteeing the free movement of goods and services produced within COMESA and the removal of all tariffs and non-tariff barriers; a Customs Union under which goods and services imported from nonCOMESA countries will attract an agreed single tariff in all COMESA states; ? free movement of capita and investment supported by the adoption of common investment practices and policies so as to create a more favorable investment climate for the COMESA region; ? a gradual establishment of a payments union based on the COMESA Clearing House and the eventual establishment of a common monetary union with a common currency; and ?The adoption of common visa arrangements, including the right of establishment leading eventually to the free movement of bona fide pers ons. 2. 2. Effects of World Governing Bodies on globalization and business World governing bodies have opened up trade between member countries and as a result increased globalization namely through: 1. Reducing barriers to international trade through international agreements such as WTO agreements 2. Elimination of tariffs; creation of free trade zones with small or no tariffs 3.Reduced transportation costs, especially resulting from development of containerization for ocean shipping. 4. Reduction or elimination of capital controls 5. Reduction, elimination, or harmonization of subsidies for local businesses 9 6. Creation of subsidies for global corporations 7. Harmonization of intellectual property laws across the majority of states, with more restrictions 8. Supranational recognition of intellectual property restrictions (e. g. patents granted by China would be recognized in the United States) 9.Globalization has brought about the formation of alliances between countries such as the G8, NAFTA, EU, such alliances want to improve trade and business amongst themselves and companies operating outside these alliances have quite some disadvantage e. g. flower companies in Kenya selling flowers to the EU 10. World governing bodies and trade alliances such as EU, WTO stipulates the basic ethical rules that should be used in their member states. If companies do not comply they would have campaigns against them creating boycotts for their products. 10 3. STRATEGIES During the last half of the twentieth century, many barriers to international trade fell and a wave of firms began pursuing international strategies to gain a competitive advantage. Business strategies may include geographic expansion, diversification, acquisition, product development, market penetration, retrenchment, divestiture, liquidation, and joint venture. Strategic management enables organizations to recognize and adopt to change more readily; successfully adapting to change is the key to survival and prosperity. 2. 3. Two types of international strategy 2. 3. 1.Global strategy Treat the world as a single market. It is applied where forces for global integration are strong and force for national responsiveness is weak. For example this is true of consumer electronics market. Global Strategy is suitable for: ? ? ? Product is the same in all countries. Centralized control – little decision-making authority on the local level Effective when differences between countries are small 2. 3. 2. Multinational Strategy It treats the world as a portfolio of national opportunities. It is applied where forces for global integration are weak and force for national responsiveness is strong.For example this is true of branded packaged goods business for 11 example strategy pursued by Unilever. Multi domestic strategy is suitable for ? ? ? Products customized for each market Decentralized control – local decision making Effective when there are wide differences between the countr ies 2. 4. Strategies of investing abroad 2. 4. 1. Joint venture Marula (2006) defines joint venture as a venture that is jointly owned and operated by two or more firms. He further explains that many firms penetrate foreign market by engaging in a joint venture with firms that reside in those markets.Advantages of a Joint venture First these organizations are able to apply their respective comparative advantages in a given project and Marula (2006) gives an example of General Mills Inc which joined in a venture with Nestle SA so as that cereals produced by General Mill could be sold through the overseas sales distribution network by Nestle also Xerox Corp and Fuji Co. of Japan engaged in a joint venture that allowed Xerox Corp to penetrate the Japanese market and allowed Fuji to enter the photocopying business.Secondly a joint ventures enables organization especially in the automobile to offer its technological advantages for example General Motors has ongoing joint ventures with au tomobile manufactures in several different countries. 12 Disadvantages of Joint Ventures Association of Certified Charted Accountants (2004) asserts that disagreements may arise over profit shares, amount invested, the management of the joint venture , making the strategy and finally one partner may wish to withdraw from the arrangement. 2. 4. 2.Contract Manufacturing or Licensing Pearce and Robison (2004) define licensing as the transfer of some industrial property right from the licensor to a motivated licensee. They further explain that most tend to be patterns, trademarks, or technical know how that are granted to the licensee for a specified time in return for a royalty and for avoiding tariffs or import quotas. Advantages of Licensing Pearce and Robison (2003) argue that firms that use licensing will benefit from lowering the risk of entry into the foreign markets and used best in companies large enough to have a ombination of international strategic activities and for firms w ith standardized products in narrow margin industries. Disadvantages of Licensing According to Pearce and Robison (2004) is the possibility that the foreign partner will gain the experience and evolve into a major competitor after the contract expires as this was a case between U. S electronics firms with Japanese companies. Secondly they argue that another potential problem stems from the control that the licensor forfeits on production, marketing and 13 general distribution of its products.And this loss of control minimizes a company’s degrees of freedom as it reevaluates its future options. 2. 4. 3. Franchising Pearce and Robison (2004) define Franchising as form of licensing which allows the franchise to sell a highly publicized product or service, using the parent’s brand name or trademark, carefully developed procedures, and marketing strategies. In exchange the franchisee pays a fee to the parent company, typically based on the volume of sales of the franchisor in its defined market area. The local investor who must adhere to the strict policies of the parent operates the franchise.Examples are Avis, Burger King, CocaCola, Hilton, Kentucky fried chicken, Manpower and Pepsi. ACCA (2004) asserts that the franchiser provides the name, any good will associated with it, systems, business methods, support services such as advertising, training and site decoration while the franchisee provides the capital, personal involvement, local market knowledge, payment to the franchiser for the rights, support services and responsibility for day to day running and the ultimate profitability of the franchise.Disadvantages of franchising According to ACCA (2004) search for competent candidates is both costly and time consuming where the franchiser requires many outlets for example McDonalds in UK. Also the control over franchisees is demanding as they are spread over many locations. 14 2. 4. 4. Transnational Alliances Levi (1996) defines transnational allian ces as associations of firms in different countries working together to overcome the limitation of working alone. One of the motivations to form a ransnational alliance is cooperation over research where cost and risks may be too high for any one firm or where different firms may possess different abilities. He gives an example IBM and Siemens of Germany in Memory chip development or marketing of Geo produced in Korea by GM. He further asserts that transnational alliances are compromise between a firm doing everything itself and dealing with a stranger. Advantages Of transnational alliances As Levi (1996) argues organizations form transnational alliances to gain access to foreign markets, to exploit complementary technologies and to reduce time taken for innovation. . 4. 5. Wholly owned foreign subsidiaries Based on a study done by Richard Vernon of Harvard Business School where 187 United States manufacturing with six or more foreign subsidiaries outside of Canada the researcher co ncluded that these multinational corporations tend to be larger, more profitable more advertising and research oriented and more diversified than firms which have not invested abroad. (Horst, 1972) 4. 0 INDUSTRIAL AND BUSINESS Economic reforms/environment affects the business and industry directly.Business plans and programmers are directly influenced by economic factors, 15 such as, interest rates, money supply, price level, consumers’ credit etc. Economic conditions leading to inflation or deflation affect the business activities. Inflation leads to rise in general price-level, whereas deflation leads to fall in price level. Higher petrol prices in the country resulted to a trend in favor of small like Maruti and starlet cars. State of industrial trade and business booms and slumps constitute the economics of market environment, (Lewis, 2006).Recently government initiated various economic policies. As such the impact of these reforms changes on business and industry in the following manner: 2. 5. Buyers’ market In the liberalized policy regime shortages of goods are no more, but there are surplus of goods. These arise due to competition, reduction in cost, up-gradation of technology, improvement in quality and customer convenience. Removal of government restrictions on capacity creation and capacity utilization has also helped increase in the supply of goods.Industry has been given total freedom to expand and diversify. Price control has been removed. Investment now takes place in the areas of demand. All these changes have made the buyer, the sovereign of the market. 2. 6. Export is required for survival Implementation of new trade policy has linked imports to exports. The enterprises should earn foreign exchange by exports and use the same foreign exchange for importing raw material spares and equipments. For example: Reliance Group, Essar World Trade, Ceat, Videocon, Eicher, MRF etc, are being benefited by the 16 new policy. 2. 7.Threat from multinational companies Due to the present policy of liberalization of our government, massive entry of multinationals in the country has started. The vast resources and the modern technology of the present multi-national companies have enabled their subsidiary companies to boost sales and enjoy strategic advantage over their competitors. The presence of multinational companies has been rendering valuable services to our economy. It is supplying superior quality of goods, generating more employment opportunities, promoting modern technology and awakening our business community.Presence of multinational companies has also boosted growth of small industries in the country. 2. 8. Overall competition The new competitive environment has thrown the economy open. There is tough competition between multinationals and there is also competition between local enterprises and foreign enterprises. Competition has now become global. It is not confined to national boundaries. For instance, Weston Electronics Company, which held about 18% of the television market, has been virtually thrown out of the market due to cutthroat competition and technological backwardness. . 9. World class technology Changes in government policy regarding business and industry have provided us with world-class technology. Most companies have also started making investment in research and development. Pharmaceutical industries in countries such as India made 2% investment in R & D. In developed countries investment in 17 research and development is approximately 12%. Multinationals are also bringing world-class technology in the country. This has enabled faster growth of industries. 2. 10. Future not guided by past failuresIt is rightly said that future starts afresh for companies. Future now needs new strategies, high technologies, determined efforts, enthusiasm, organization and leadership. New approaches, systems structures and new leadership must emerge to compete with the multinationals. We mu st forget the past, bury its failures and start working with new endeavor, approaches and leadership. 2. 11. Wider and diverse markets Due to globalization markets have been opened up and can now be widely accessed by companies from various countries.Countries have lift barriers improving flow of goods between them. This has boosted import and export trade among various countries. Regional trading blocks have been formed to improve trade and allow free flow of goods and services among member countries. In the agricultural sector, crop imports are traded at cheaper prices and exchanged for another commodity because of the free trade as entailed among the provisions of bodies such as COMESA or WTO. A country such as Philippines could purchase or import crops from another country at cheaper tariff rates, in case of a shortage.However, on the downside, countries that are more progressive agriculturally could just dump their third-rate or low-class products to their third-world trading c ounterparts. 18 2. 12. Foreign direct investment inflows Local industries which have invested abroad such as Bidco oil refinery is reaping huge profits from its foreign direct investments such as from its investment in Uganda palm plantation. Creation of common markets has given countries incentives to invest in those countries thus leading to investment inflows.Lowering of tariffs: countries such as India have been reaping from enormous opportunities emerging from globalization such as consequent lowering of tariff barriers. Information Technology has given Indian industries formidable brand equity in the global markets. Indian companies have a unique distinction of providing efficient business solutions with cost and quality as an advantage by using state of art technology. Outsourcing is the act of giving a third-party the responsibility of running hat would otherwise be an internal system or service. Due to globalization, most companies and businesses have sought to contract mos t of its services or processes to outsiders. Most industries now use outsourcing such as call centers and can outsource its functions such as marketing, financial, training, transport and distribution and so forth. Capitalize on global trade: most domestic industries now capitalize on global trade by concentrating on the domestic market and then leverage their economies of scale overseas. 2. 13.Devaluation Some countries have had to cope up with the trend of globalization by devaluing their currency such as India. The first step towards globalization was taken with the announcement of the devaluation of Indian currency by 18-19 percent against 19 major currencies in the international foreign exchange market. This was a measure taken in order to resolve the balance of payment crisis. 5. 0 ANALYSIS AND CONCLUSION In conclusion my own critique on globalization is that the whole process has increased power that multinational corporations seems to enjoy .This is seen as a particularly wo rrying phenomenon because it affects the issues that are raised and witnessed everywhere we have a multinational company. An overriding concern is that globalization increases the gap between the haves and the have-not of the world. Unfair labor practices such as child labour, poor working conditions and low remuneration packages are some of issues that have been witnessed in the recent past. Although it’s not clear whether the forces of globalization may produce a general deterioration of working conditions around the world or increase the inequality of working conditions among countries . espite the above ,in rich countries the picture is totally different thus self-interested opposition to globalization with fears that cheap imports or immigrants from other countries will lower the relative wages of low-skilled workers, more rapid economic change and shifting patterns of comparative advantage will increase economic insecurity and international competition. Despite all this countering the claims of globalization skeptics is a century-old economy theory that predicts free trade will reduce a convergence of labour conditions around the world. 20 6. References: ACCA (2004) Strategic business planning and development (paper 3. 5). London: BPP Professional Education Alston, P. (2005). Labour rights as human rights. New York: Oxford University Press Inc. Deresky, H. (2008). International Management : Managing Across Borders and Culture (6th ed. ). Upper Saddle River, Pearson Education. Gallois, C. , & Callan, V. (1997). Communication and culture: A guide for practice. Chichester, UK, Wiley. Ferrell, O. , Fraedrich, J. , & Ferrell, L. (2008). Business Ethics: Ethical decision making and cases. New York: Houghton Mifflin Company. Horst T. 1972) Firm and Industry Determinants of the Decision to Invest Abroad: An Empirical Study The Review of Economics and Statistics, Vol. 54, No. 3 (Aug. , 1972), pp. 258-266 Kotler, Philip: Marketing Management: nineth edition , Prentice Hall India Lewis D. 3rd ed. (2006): When cultures collide. Leading across cultures. London. Nicholas Brealey International. Levi, Maurice D (1996) International Finance; The markets and financial management multinational business (3rd ed) Singapore: McGraw- 21 McFarlin, D. B. , & Sweeney, P. D. (2006). International Management: Strategic Opportunities and Cultural Challenges (3rd ed. . Boston, Houghton Mifflin Company. O’Carroll, G. (n. d. ). Intercultural Communication – Module: [Intercultural communication]. Retrieved from ECO – European Career Orientation website: http://eco. ittralee. ie// Pearce, J. and Robinson, R. (2004). Strategic Management: Formulation, Implementation and Control. New York: The McGraw-Hill Companies Schermehorn, J. R. (2005). Organizational Behavior (9th ed. ). Hoboken, NJ Thomas, D. C. (2002). Essentials of International Management: A cross culture Perspective. 2455 Teller Road, Sage Publications Inc. 22

Carbohydrate Lab Report Essay

Qualitative identification of a substance is of significant importance in chemistry. Physical constants such as melting points have traditionally been used by organic chemistry for identification of unknown compounds. As for inorganic substances, the precipitation of a solid, results of a flame test, or the formation of a colored substance could all be keys to identifying a sample. Chromatography and spectra are amongst the newer techniques practiced today. A problem that arises in biochemistry when attempting to identify a particular compound is that the tests that are utilized to identify these compounds rely on the reaction of a functional group and therefore will yield positive reactions with more than just one compound. This means that more than one test has to be performed in order to deduce which compound is present by process of elimination. Carbohydrate chemistry allows us a great opportunity to better understand qualitative testing. The tests run within this experiment are usually carried out to identify simple carbohydrates. It is possible that by running these tests with a variety of different carbohydrates we determine the identity of an unknown sample. Tests Benedict’s Test Tests for: Reducing Sugar (+), Nonreducing Sugar (–) Positive result: Red precipitate Negative result: No precipitate Bial’s Test Tests for: Pentoses (+), Other (–) Positive result: Change in color to cloudy dark blue Negative result: Not cloudy dark blue Barfoerd’s Test Tests for: Monosaccharides (+), Disaccharides (–) Positive result: Red precipitate Negative result: No precipitate Seliwanoff’s Test Tests for: Fructose (+), Other (–) Positive result: Change in color to orange Negative result: Not orange Glucose Oxidase Test Tests for: Glucose (+), Other (–) Positive result: Changes color Negative result: Remains same color Starch Iodine Test Tests for: Starch (+), Sucrose (–) Positive result: Change in color to blue Negative result: Not blue Discussion We determined our carbohydrate to be ribose considering it matched up perfectly with all the test results we had ran. Ribose was the only carbohydrate of the ten that had similar reactions to the tests performed. The three tests that ribose was subject to were Benedict’s test, Bial’s test, and Barfoerd’s test, all of which ribose tested positive for. Since the unknown also tested positive to these three tests and negative to all other tests that we ran, this means the unknown is a reducing sugar, a pentose, and a monosaccharide. We did have a bit of trouble trying to decide whether the unknown was arabinose or ribose because they both tested positive to the aforementioned tests. However, arabinose had a greenish tint and our unknown matched in color more closely to ribose’s dark blue. Read more:Â  Iodine Test for Starch Lab Report

Individual Work Motivation Essay

Be it a multi-national company or a small superstore right down the corner of your house, motivated and energetic employees are a pre-requisite everywhere in order to reach the zenith of excellence, success and prosperity. In accordance with a research paper rooting out from The Ohio State University’s Piketon Research and Extension Center and Enterprise Center, enthusiastic employees are desired for the survival and efficiency of a particular organization. (Lindner J. R. 1984) An assortment of theories exist which suggests the reasons that why the employees in this organization were unable to be energized and elated to perform better and portray their true potential and ability in the training program which was chalked out by their respective organization. (Lindner J. R. , 1984) Theories and their implications To begin with, expectancy theory is a theory that has been drafted out by Victor Vroom who belongs to the Yale school of Management. This theory aptly states that employees in any company would be highly motivated if they firmly believe that more hard work and better performance would succumb to better results, improved outcomes and enhanced rewards such as a tremendous increase in one’s salary or fringe benefits. (Vroom, n. d) Vroom also throws lights on this exceptionally important fact that an employee’s motivation and hence his or her performance is based on numerous factors such as aptitude, skills, personality, experience and the amount of knowledge that he or she possesses. Following this, the attention is now turned to the reinforcement theory of motivation. This theory was chalked out by B. F. Skinner and his accomplices. The foundation of this theory is the â€Å"law effect†. This means that an individual behavior have a tendency to be repeated if the consequences and the rewards are positive and tends to declines if the consequence are negative. Some of the note-worthy elements of the reinforcement theory are positive reinforcement, negative reinforcement, punishment and extinction. Re-inforcement theories Keeping these two considerably significant theories in mind, the employees at this particular organization are unable to execute well in the training program because they are provided with less rewards and less positive consequences. Their performance in the training program is not co-related with the rewards that they would receive. Each employee is paid the same amount for attending the program, whether that employee is motivated or not, had passed the exam or not. Hence, employees are not at all passionate and energetic for performing well in the program. Following this, the employees are allowed to retake the training till the time they pass the exam. This policy makes the employees motivated to give out their hundred percent at the training program. Recommendations Keeping all these factors into consideration, managers of this organization should tightly relate the rewards with the performance and should make use of the theory of positive reinforcement. Managers should also make sure that the rewards are those that are valued by their employees and are desired by them. Employees should be given the necessary support to boost up their motivation and enthusiasm, such as a mentor or a human resource manager. Last but not the least, negative reinforcement should be used as tool to motivate the employees by informing them that not performing up to a benchmark and hence not passing the training would result in negative rewards such a decrease in one’s pay or the cutting down on some of the fringe benefits.

'The distinction between the threat from terrorism and the threat from Essay

'The distinction between the threat from terrorism and the threat from organised crime is frequently blurred'. Critically discuss this statement - Essay Example The terms terrorism and organized crime have been generally considered to be of activities having different objectives and features. Yet recent incidents have proven the active involvement of the terrorists in the organized crime and vice versa. For the sake of defining the terms, the organized crime could be called as the illegal activities performed under an organized set up intended to make profit. Where as terrorism is rather political or religious oriented crime with political objectives and involve in sabotage and other activities that would intimidate or kill a large number of people. Terrorism manifests itself standing for fighting religious, political, social and economic inequalities and exploitation. (Ghosh S.K., 1995 p.6) Almost every nation at least for a single time has confronted with certain internal or external subversive movements. Obviously every government leaves some people unsatisfied during their regime. Today terrorism and organized crime are the two sides of the same coin which can not be separated since they are having certain similarities and difference in their activities. The recent investigations have brought out the hidden linkage between the terrorist groups and transnational organized criminals. According to L.I. Shelley (2002) today terrorism and transnational crime are the two central threats to our national and international threat. He describes the linkage of the two as follows; both use the similar mean to exploit the modern technology; use the same operators and same systems to move their fund; both are running a good network; and terrorists also involve in crime in order to meet fund for their activities. According to the general concept terrorism is aiming at certain changes in the political scenario. Whereas organized crime looks at fiscal benefits through the illegal means. (Schmid P., 2006.p.3). The definition seems to be rather weak in the present global scenario because the real objective of the modern

SCRUM, DSDM, and Lean Software Development Essay

SCRUM, DSDM, and Lean Software Development - Essay Example Agile software development is considered to be one of the most commonly used approaches assumed by the large industries while developing software. It is essentially a group of software development approaches constructed on collaborative and incremental development procedures. The prime reason behind adapting this procedure of developing software by major software developers in the modern context is that it provides an opportunity where requirements and solutions evolve through collaboration amid self-organizing and cross-practical teams. Additionally, it supports the implementation of adaptive planning, advancement development and delivery, along with a time boxed interactive approach (Keith, 2002). The main objective of this study is to conduct a descriptive analysis showing how projects are planned and are executed in SCRUM, Dynamic Systems Development Model (DSDM) and Lean Software Development that are being used for agile development and project management. 1. a. SCRUM Scrum is determined to be a simple yet incredibly powerful set of principles and practices that help teams provide products in short cycles, facilitating fast feedback, constant enhancement and rapid amendment to change. The development process is mainly centered on a flexible holistic product development approach where all the members engaged in the development task work mutually to reach a common goal. It is considered to be a popular agile project management method that has introduced the concept of empirical process control for managing complex and changing software projects (Szalvay, 2004). Examples. Companies such as Scrum Alliance, Inc. use scrum approach to develop their software (Scrum Alliance, Inc. 2013). b. Dynamic Systems Development Model (DSDM) Dynamic Systems Development Model (DSDM) is based on Rapid Application Development (RAD), heavily relying on prototyping and providing a framework for delivering quality solutions quickly. Since its origin in 1994, DSDM is considered to be one of the most extensively used frameworks for developing software in the United Kingdom (UK). The vital reason behind the increasing adoption of DSDM as one of the major approaches while developing software is that it defines nine core principles that are essential for the success of software. For instance, the approach mainly focuses on developing software through ensuring viewable active participation of the users, teaching design groups for making vital system related decisions and ascertaining that all kinds of changes during the process can be reversible (Abrahamson, Salo, Ronkainen, & Warsta, 2002). Examples. For instance, in DSDM, it has been viewed that the system first prepares a prototype and then empowerment. The next step is assigning the role to the different personnel associated with the process roles and suitable DSDM applications are followed while developing software (Howard, 1997). c. Lean Software Development In lean software development, the principle of the approach not only identifies the quality concern of the software that is being developed but also helps in recognizing and providing an opportunity to mitigate other issues that act as a barrier in the developing process. This facilitates in improving the quality of the software each time it is being built (Dasari, n.d.). Example. In lean software development, organizations use a decentralized form of decision making. Companies such as Microsoft are viewed to be using this form of agile development model for developing so

Macdonald's sustainability report Coursework Example | Topics and Well Written Essays - 1500 words

Macdonald's sustainability report - Coursework Example Additionally, the issue of environmental sustainability has confronted several companies in the industry; their operations must be just in time and highly efficient, so sometimes this involves manipulation of the supply chain. Concerns about sourcing materials from partners that engage in unsustainable practices must be addressed. McDonalds’s requires chicken, milk, potatoes, beef, lettuce, tomatoes, oil and several other ingredients to make its products; it ought to ensure that suppliers do not use unethical means to raise or grow those commodities. How the company is run also matters in corporate social responsibility; if electricity, water and materials consumption is not environmentally friendly, then customers will take notice. Excess waste is simply intolerable, especially with materials that can be recycled; fast foods are in a precarious position because they cannot sell food and retain the dirty dishes, so many of them have to use innovative methods to package their products. Some fast food franchises, especially the organisation under analysis, are global enterprises; therefore, their business practices in other poor countries have been under scrutiny. It is critical to ensure that one does not attract negative customer attention by abusing one’s position as a multinational in those nations. McDonald’s is arguably the most successful fast food franchise in the world, but this financial success has come at a price in terms of corporate social responsibility. The company is guilty of almost all the above-me ntioned concerns at some point in time; the 2013 CSR report will be the basis for assessment of its corporate social responsibility. McDonald’s 2013 corporate sustainability report identifies five pillars that it has worked on: food, planet, people, community and sourcing (McDonald’s, 2014). Food focuses on the dietary richness of the menu items; now the

CMT3321 Coursework 2 Essay Example | Topics and Well Written Essays - 1750 words

CMT3321 Coursework 2 - Essay Example cesses and spaces for people find themselves stretching the provisions of prototyping elements to communicate and explore what it will require to integrate or understand the design concepts that are being developed. In this project, prototype has been used as a representation of the model made prior to the final artifact. It has been created to direct the design decisions and design process of the game. Generally, prototypes range from illustrations (sketches) and various kinds of models at different levels-â€Å"works like†, â€Å"behaves like† â€Å"looks like†-to find and find and inform on the propositions relating to the model and its background (Wilson, 2010). Within the modeled interactive system, prototype is key activity. Many a group of researchers and designers have been acting in extending the limits of prototyping the provisions of traditional techniques. They have also developed the understanding of the importance of different kinds of prototypes. For example, Hill and Houde discuss different purposes for archetypes as being important in the function an artifact all will achieve, its â€Å"feel and look† and how the system will be configured. Other works have described such as different degrees of reliability, archetypes for various audiences and designs for use in the setting of participatory models. Experience, in the context of prototyping, refers to the subjective, complex and dynamic phenomenon in an activity. Whether in the classroom or general environment, experience in prototype design depends on the perception of several characters of a model, interpreted via filters connected to contextual elements. With respect to the prototype used in this project, the perception of experience relates to Hill and Houde’s description of experience as the â€Å"feel and look† of a system or product. However, experience surpasses the feel and look of a system. The game designed in this project has the ability to serve an extra function in the life of the

Benefits of Nuclear Energy Essay Example | Topics and Well Written Essays - 1000 words

Benefits of Nuclear Energy - Essay Example This essay stresses that generation of nuclear power forms effective utilization of nuclear energy is the most environment friendly process. Nuclear is a clean form of energy that affects the environment the least as compared with all other energy resources. The nuclear power generation plants do not emit any harmful gases (Agency, 2007). Experts regard this form of energy as one of the free of emissions energy. The waste management of nuclear energy processes is also very effective and the water or other drainage is free from pollution and satisfies the health and safety standards. This paper makes a conclusion that one major drawback of establishing a nuclear power plant is the fact that the setting of nuclear plants requires huge investments and costs. This is the main reason why the nuclear plants are usually difficult to set up. The installation cost of nuclear power plants is far greater than to those of plants of other energy sources. Moreover, it is not only the installation cost of the power plant but also the huge costs involved in providing safeguard to humankind from processes that are most likely to induce harmful effects on human beings. In addition to that, installation of these plants in remote areas makes it uncomfortable to transmit energy to distant highly populated areas. There is always a probability of people getting affected by these harmful radiations and radioactive wastes.

This research can focus on any historical topic related to the Essay

This research can focus on any historical topic related to the course.that is, on any topic covered in class or in your dossie - Essay Example In addition, irrespective of certain female stars’ legendary statuses, gender roles have been firmly reinforced by the roles these women, who are judged on their appearances, have played (Dawson 1995, p.71). This research paper provides a detailed analysis of how Hollywood portrayed women in film, focusing particularly on the 1930s, using Gold diggers of 1933 as a framework. Four themes will be discussed in the paper: the representation of women in early 1930s film, the portrayal of women, and the real-life role of women and criticism of women’s role in 1930s films. The 1930s is infamous as the era of the Great Depression and, therefore; it provides an interesting backdrop to research how women were portrayed as a result of the globally changing morals and cynicism. Representation of Women in 1930s Film Kaplan (1994, p.3) states that Hollywood cinematography in many instances objectified women for the pleasure of men. Mulvey (1989, p.56), argues that the role women play ed is worth looking at but not worth giving a listening ear. As these scholars indicate, during this era men viewed women in limited dimensions, referred to as the Madonna (housewives) or whore complex. To many, women were objects of sexual fulfilment, hence sexually active whores, or simply pristine and powerless Madonnas. Arguably, it is for this reason that Gates (2011, p.23) argues that the manner in which images of women are presented in Hollywood film aims solely at gratifying male viewers. As evident in Gold diggers of 1933, the role of women as sex objects in films is displayed freely and fully. Ginger Rogers, Joan Blondell and Ruby Keeler play the major roles and appear as stereotypical bombshells, slender and beautiful, in many of their appearances where they are dressed in skimpy costumes. Another example of how the characters are presented as sex objects is the presentation of Rogers and Blondell as platinum blonde. Aline MacMahon is the only female character not part of this characterisation. She serves as the sole voice of cynicism and the hard-boiled attitude that prevailed from the start of the 1930s as a result of the Depression. Further, she appears to have a superior intellect as compared to the other female characters. Aside for MacMahon, all female characters in the movie represent the characterisation of Madonna/ whore. For instance, they appear independent, and Lawrence Bradford views their morals from a negative perspective. As the embodiment of the 1930s elite, Bradford indicates the elite opinion on the female role during this era. Interestingly, as the film ends, all the women become Madonnas, since they are no longer showgirls filled with loose morals, but wives. Trixie marries Lawrence’s lawyer, Carol marries Lawrence and Polly marries Brad, therefore, it is arguable that their transformation from whores to Madonnas is thus complete. In short, women’s roles in the 1930s were often stereotypical, with women portrayed i n a sexualised manner for the benefit of men. The way women were shown to choose

Effective Strategies for a Student Success Essay

Effective Strategies for a Student Success - Essay Example This paper tends to discuss some very important steps and strategies that will help every student to show success by leaps and bounds. All that is needed is the determination and strong-mindedness to follow these steps. Determination and Commitment The first and foremost thing that a student needs is determination to succeed, and commitment with his work. If he has made up his mind to achieve his goals and milestones, and that he will do anything to reach his destination, then there is no power that can stop him from getting what he wants. This commitment will motivate him, and will boost his energies in the positive direction, so much so that he will start finding himself not too far away from his educational objectives. Time Management The next important strategy for a student is to manage his time properly, so that he can balance his work and extra-curricular activities in the most effectual manner. Students must set priorities in their lives, and must be determined enough to give their schoolwork the top priority. Time management will help them meet deadlines that their instructors have set for them regarding their assignments. Students must finish their assignments well in time, because this will make their image better in the eyes of their professors, which is a good thing toward their success. Students must also set regular routines for their sleeping and waking patterns, and must be able to follow their time tables. Again, all this comes with determination and commitment with work. Time management is the key to success in academic life (Hirsch, 2001, p.99). Improving Interpersonal Skills One important strategy is to be at good terms not only with the peers, but also with the instructors. Good communication is the key to success. A student must be able to share his ideas and problems with his class fellows and with the teachers, without hesitation. This way, he will be able to do his work more effectively. This will also help him gain knowledge through e xchange of thoughts. Good communication skills also help the student when he has to express his ideas, both verbally and in writing. A tip is that students may join communication improvement classes, which are held at some training institutes. This will help them not only in their educational phase, but also later in their professional careers. Developing Reading Habit It is a tragedy that today’s students have left the habit of reading books. Libraries are empty, because students find it easier to consult computers and the internet for every type of knowledge. A book is a man’s best friend, because it makes him learn such things that he cannot grasp from the internet. It is very important for a student to develop reading habit, because it is the most effective way of improving vocabulary and diction. Reading will help them become â€Å"strong, life-long readers† (Collins, 2004, p.50). Developing Critical Thinking Skills It is important for the students to devel op strong critical thinking skills. Only memorizing the concepts, words for word, does not guarantee success. The key to success is to think about issues critically; that is, to critically examine the evidence, facts, statistics, and to develop reasoning for arguments. Students must know how to develop arguments, and how to defend their position with sound proofs. They must be able to make judgments, and argue about what they feel objectionable.

INTRODUCTION TO NEGOTIATION Essay Example | Topics and Well Written Essays - 750 words

INTRODUCTION TO NEGOTIATION - Essay Example Individuals and groups use it to resolve conflicts that cannot find unilateral solution (Rana, 2009). Bilateral negotiation has the objective of ensuring there is a solution to issues that cannot get unilateral solutions. Bilateral negotiation ranks top in conflict resolution because it employs numerous tactics. Such tactics easily influence the hard-liner party to ease its position. The tactics employed by negotiator easily directs parties involved into an area of possible solution to the issue discussed (Rana, 2009). Consequently, parties making extreme offers find an atmosphere for falling back easily from their hard bargains. Bilateral negotiation offers time for preparation. Although people underrate this time, it remains a fundamental stage of the conflict resolution process. The preparation time has merit because upon finding a resolution, implementation follows instantly since at that time all parties involved are available (Ertel & Gordon, 2008). Preparation time gives those involved time to break down their direct and indirect strengths, aims and limits, argument, style and tactics and hidden agenda. The stage also provides parties involved an opportunity to examine their perceptions among other cross-cultural issues involved in the conflict. Preparation time in bilateral conflict enables businesses to gather relevant internal information for the task of conflict resolution. Consequently, each gathers all the facts, alternatives and other necessary options (Rana, 2009). In addition, this stage that ensures institution of negotiation team, with identification of its leader. Such procedures provide for direction to the negotiating team. Another stage that gives bilateral negotiation credit is the pre-negotiation stage. The stage, negotiators, and the teams involved find an opportunity to clear up conflicting interests. Moreover, negotiating team makes an establishment on whether there is a possibility and

Analyzing Personal Conflict Management Styles Essay Example for Free

Analyzing Personal Conflict Management Styles Essay Conflict management is the detriment of many teams or groups in accomplishing its goals. This is because most people do not understand the different conflict styles and how to apply the rules and principles associated with the style you may be dealing with. In this paper I will analyze three of the five management styles discussed in the textbook Communication in Small Groups. Avoidance and competition are two styles that I believe have the greatest effect on hindering a group or team from accomplishing its goals. Collaboration, however, is a style that I believe is most effective in assisting a team in attaining its goals. This is a style that I use not only in my professional life but also in my personal life and have seen the difference this style of conflict management makes on individuals who are approached with this technique. Avoidance, according to the Collins English Dictionary is â€Å"the act of keeping away from or preventing from happening. † This definition sums up the reason I believe that of the five conflict managing styles, this one is among the top reasons some teams fail at achieving their goals. Whether it is just that a person does not like confrontation, are afraid to voice his or her true opinions out of fear, or simply do not want to hurt another person’s feelings, the simple fact remains that the team may not be aware of everything they need to consider. They miss the opportunity to be more objective in reaching an educated decision on the goals the team is trying to attain. This can also lead to members of the team feeling as though a member does not care and give them reason to discount whatever input that member may have. It is important to remember that there are certain instances when avoidance is needed to move the team along. For instance if what is causing the conflict is something trivial that will not have an adverse effect on the ultimate goal of the team it is likely a good idea to avoid it. It may be also be a good idea to use this method temporarily to give a team time to gather their thoughts on an important issue they need to resolve, but cannot get certain members to be objective or reasonable because they are standing firm behind their point of view. Competition is a conflict management style exactly opposite of avoidance. This is a very confrontational style, which characteristics consist of forcefully persuading others that their position is the only correct position. A person who exerts this style in most cases seeks to win with the intent of another person losing. They want control and work to achieve it no matter what. This type of style is infectious to a team. It is hard for a team to work at attaining a common goal if the level of competition in the team is such that no one can agree. Competition often leads to unethical ways of trying to persuade others in the team like shouting, or even threatening. These types of behaviors lead to defensiveness and distrust as members may feel as if they are forced into a decision rather than arriving at a decision on their own. Again, just like with all management styles it is not always a bad thing to be competitive. When working as a team it is important to remember the goals of the team and be mindful that the actions taken are working toward that goal. No matter how right a person is individually, he or she must find a way to get the rest of the team to agree that their point of view is correct or the best action for the goal the team is trying to accomplish. Otherwise, they will accomplish nothing and alienate themself from the team. The other members of the team can again feel as if that member does not care about what is best for the team and discount his or her ideas as one sided. Of all of the conflict management styles, collaboration is the style that most researchers agree is the best for achieving the goals of a team. â€Å"To collaborate is to have a high concern for both yourself and others† (Beebe Masterson, 2009, p. 52). This common belief among users of this style drives them to search for answers using all of the tools at the team’s disposal. The different dynamics of the team become assets. They see the differences that distinguish the members of the team as points of view are respected and viewed objectively. Differences like a male versus a female’s perspective, race, culture, and even social or economic status are viewpoints that give all in the team a bigger picture of the different issues they may need to consider when coming to a conclusion about how best to achieve their goal. Though this style is thought of as the best route for teams to use, it is lso one of the most difficult. Even a person who has a natural talent or personality that promotes this style of conflict management has to practice to be effective using this style in a team setting. A person cannot be judgmental and must be sure not to take anything said personally. This is something that most if not all of the team members must have an awareness of. All team members have to feel comfortable with the results and with what was given up from their own personal point of view to arrive at the team’s decision. This style is also very demanding so it requires a good amount of patience. Depending on how quick a decision is needed it is not always possible for a team to achieve and some in the team may not believe that their best interests were achieved. I realized through this research that I am a person who naturally uses the collaboration style of conflict management in many areas of my life. In my relationship with my wife, I use collaboration as a way to strengthen our alliance in running our household. Feeling as if we are a team benefits the decisions we make for our family. Our children see us as united in our decision making. This is something we had to work to achieve and collaboration was the key to its success. We had a competitive style at first and our children would use that fact to split us up on decisions that we made pertaining to them. I could break that cycle by focusing on putting our ego’s aside. Our discussions were no longer about who was right or wrong. It was a process that started with accommodation to show I was willing to take the first step. That eventually grew into compromise, which is what most couples strive for. Finding a middle ground gives most couples the sense that they are working as a team. Collaboration, however, is the ability of that team not to find a middle ground, but actively work to agree and the best plan or action together by understanding and processing each other’s viewpoint to come up with decisions together. It is a style that comes in handy when training my children on the importance of being responsible and accountable for their actions. Collaborating on goals so that they are part of the decision-making process empowers them to believe they have control over what decisions they make. In my school and professional life collaboration has proven to be a way to drive for results. Team members work better when they are at ease in their decision-making, and everyone is comfortable with each other. Disagreements work themselves out with little stress because of the trust established through everyone’s willingness to collaborate on the goals set in place. Because the goals were set together, everyone has a vested interest in its outcome and most want that outcome to be a successful one. When I do encounter a person on my team with a conflicting style, I tend to take some time away from the situation to evaluate the best course of action for our progress. I take into account the level of importance our issue may have on our ultimate goal and what if any ethical issues are involved. Collaboration, though it is my favorite approach, is not always the approach I may use to resolve the issue. I am not one to avoid the issue entirely, but I have had to use accommodation, compromise, and even competition depending on what the issue is and what personality I am dealing with. In conclusion, you can see that there is no one way to manage conflict. I believe that being able to adapt to the different conflict styles will assist a person in overcoming conflict. Collaboration best supports a person who is adaptable and best supports a team’s objective because it focuses on the goals of the team by giving each person on the team’s needs equal importance.

Deportation Law Problem Question Case Study

Deportation Law Problem Question Case Study Yes, if Mr. Adams accepts the offer and is faced with deportation, his likelihood of success on an ineffectiveness claim would depend on how easily the average criminal defense attorney could have determined that the crime to which he pled was a deportable offense. This scenario does not state what Mr. Adams is pleading guilty to. Under the immigration statute U.SC 1227(a)(2)(B)(i), states that any alien is deportable for anything related to a controlled substance unless it is for a person’s own use of thirty grams or less of marijuana. Mr. Adams declared that he wanted to understand the immigration consequences in order to decide whether to accept the plea. However, his attorney rejected to explain the immigration consequences himself and directed him over to an immigration clinic located in a law school where a student advises him that his crime has no deportation consequences. The reason that Mr. Adams would have success on an ineffectiveness claim due to how easily the average criminal defense attorney could have determined if the crime was deportable is because of the ruling in Padilla v. Kentucky. Padilla’s counsel gave the wrong advice about deportation which caused Padilla’s plea to automatically deport him. It was determined in the this case that Padilla’s attorney could have very easily confirmed that Padilla’s plea would automatically make him eligible for deportation by merely scanning the immigration statute on controlled substances. Likewise, in this particular case with Mr. Adams, his attorney could have simply read the same immigration statute and told Mr. Adams that his plea would automatically trigger deportation. The court in Padilla did acknowledge that immigration law is a very complex law and attorneys that are not well versed in it would perhaps not understand. However, they determined that when a law is succ inct and straightforward, the responsibility and obligation to give correct advice is clear and when the law is not clear or succinct the attorney, at the bare minimum, tell their client they may face deportation consequences. As a result, Mr. Adams has a good chance of success on an ineffectiveness claim against his attorney. The attorney could have easily read the immigration statute and told Mr. Adams that his plea would trigger deportation and Mr. Adams would have chosen another option rather than accepting the plea. Even if the law was not succinct or straightforward, the attorney still had the obligation to let Mr. Adams know that there were deportation consequences. Yes, along with question number one, Mr. Adams is guaranteed to succeed on his ineffectiveness claim. Strickland v. Washington, (466 U.S. 668, 1984) states that defendants are permitted to having the effective assistance of competent counsel. The Strickland case posed that to prove ineffectiveness of counsel the defendant must show that 1) performance of counsel was objectively unreasonable and 2) prejudice in the sense that counsels’ errors were serious enough that the defendant would not have pled guilty if given correct advice. The fact that in question one, Mr. Adams attorney could have clearly read the immigration statute and gave his client a clear answer clearly shows that the performance was objectively unreasonable. Secondly, the fact that Mr. Adams’ attorney could have conducted a brief web search of the immigration clinic and saw numerous complaints about the legal advice also shows his performance as counsel was unreasonable. When you put these two together, the counsels’ errors were serious enough that Mr. Adams would have never accepted the plea if he knew he would automatically be deported if he accepted it. Justice Rehnquist’s majority opinion rejected to extend its holding in Douglas. It was held that having a counsel appointed to a defendant is only mandatory on an appeal that is granted as of right, without needing consent of the appellate court. The court furthermore characterized the situation of a defendant at the trial and appellate stages of a proceeding. Counsel is only required when it is a matter of due process and it is the attorney for the state who is prosecuting a case. However, on appeal, the defendant is the one who is initiating the process of requesting review. The court additionally reminded that appeals are not required by due process. Furthermore, the court also affirms that there really is no need for appointed counsel during a discretionary appeal. The court explains by showing that on discretionary appeals, an indigent defendant has already had the help of a lawyer in organizing and preparing briefings during the first level of appeal. Therefore, the court says that those briefs are going to be used during the discretionary review. Secondly, the indigent defendant already has a transcript of the record in the trial court reproduced and thirdly, they could possibly have a decision recorded by the first appellate court that a greater court can use in order to review the issues at hand. With all this being said, the court says there is enough material to effectively and sufficiently guarantee that a review request by the greater court is meaningful. When it comes to the dissent in this case, Justice Douglas is joined by Justice Marshall and Justice Brennan. All three justices agree with Chief Judge Haynsworths opinion who believes that the most meaningful review of the defendant’s criminal conviction would be at the North Caroline Supreme Court. Thus, counsel is essential to the process. The dissenting justices, reviewing a conviction is of utmost important when it comes to fairness and it must require counsel assistance. They believe that all the briefings from the first appeal and all of the records do not address the issue that the Supreme Court has to resolve which is whether the particular case is worthy of review. The justices also believe that appointed counsel is essential at further appeal stage because arranging a petition of certiorari is very technical in nature and a indigent defendant will be particularly incapable to negotiate. Lastly, they assert that is would be tremendously easy to have the exact same ap pointed counsel from the earlier appeal to remain the defendants counsel in the later stages of appeal. As a result, Justice Douglas and the other would have ruled that the fairness of the due process clause and equal protection equality would demand appointed counsel in discretionary appeals. Overall, if Justice Rehnquist accepted the dissent’s view about relative need, he would not have to overrule Douglas v. California (372 U.S. 353, 1963). It states in Ross v. Moffitt that the fourteenth amendments’ due process clause does not require North Carolina to offer the defendant with an attorney on his discretionary appeal to the State Supreme Court. The Douglas issue was whether the assistance of counsel during the first appeal of right is a fundamental right in which they decided that indigent petitioners are indeed entitled to appointed counsel at the appellate level. However, the dissent in Ross v. Moffitt, (417 U.S. 600, 1974) by Justice Douglas, Brennan and Marshall are essentially arguing that there should be a right to appointed counsel beyond the first appeal as of right. Thus, Justice Rehnquist accepting the dissent does not necessarily mean he would have to overrule Douglas v. California, (372 U.S. 353, 1963) but to go ahead and extend the ruling to h aving an appointed counsel beyond the first appeal as of right. The courts holding in Mr. Goodbars’ case is supported by Strickland v. Washington, (466 U.S. 668, 1984). In the Strickland case, in order to achieve relief due to ineffective assistance of counsel, a criminal defendant has to pass a two prong test about his/her counsels’ assistance during the proceeding. The first test has to show that their counsels’ performance fell below an objective standard of reasonableness. The second test has to show that the counsels’ lacking performance gives a rational likelihood that, if counsel had performed effectively, the result of the proceeding would have been different. In this particular case, Mr. Goodbar did not show any proof of his counsel doing anything unreasonable or omitting something that should have been said or shown during the proceeding. He is merely presenting the court with a copy of a study that determined that indigents charged with non-capital murder in Philadelphia between 1994- 2005, had a lesser chance of receiving a life sentence if they were represented by a public defender than assigned counsel. Just presenting a study does not show in any way that counsel was ineffective in his/her assistance. Strickland v. Washington (466 U.S. 668, 1984) clearly states that if a defendant wants to prove an ineffectiveness claim they must have proof of counsels’ inadequate performance and because of that inadequacy the result would have been different. Therefore, without proof of being deprived of effective assistance to counsel, the courts holding will stand accordingly.

Analysis of a Womens Quota in India

Analysis of a Womens Quota in India INTRODUCTION OF WOMENS RESERVATION BILL The question of a womens quota in India is distinct from any other nation because the Constitution of India has already provided for quotas for the Scheduled Castes (SCs) formerly untouchable castes in the Hindu community and the Scheduled Tribes (STs). It has provisions for similar measures for the socially and educationally backward classes now termed as the Other Backward Classes (OBCs). These quotas are for admissions to educational institutions, public sector employment and political representation. The 73rd and 74th Constitutional Amendments provided for 33% quotas for womens representation in the local self-government institutions. These Amendments were implemented in 1993. They were enacted without any pressure or persistent demand from women or any other section. Prior to these Amendments the State of Karnataka had introduced 25% womens quota in Panchayati Raj Institutions.1 First elections after the implementation of quotas were held in 1987 (Jain 1996). Later, State of Mah arashtra passed a law providing for 30% reservation of seats for women in rural as well as urban local self-government institutions. It is curious that, in spite of over 1,000,000 elected women representatives flooding the local governments; the womens movement in India was totally silent over this issue till 1996. The smooth passage of the 73rd and 74th Constitutional Amendments encouraged all major national political parties to commit themselves to extending 33% womens quota to state legislatures and Parliament. The 81st Constitutional Amendment Bill, popularly known as the Womens Reservation Bill, was introduced in the Parliament in 1996 to that effect. The womens movement had no role in bringing about this Bill. It did offer some inputs in the Committee hearings but it became vocal and visible on this issue only after its first debacle in eleventh Lok Sabha. Even then, this visibility was in the form of demonstrations and sit-ins in front of the Parliament and not by way of proactive intervention in the electoral process by supporting women candidates or recruiting movements spokespersons in elective roles on various levels. OBJECTIVES OF WOMENS RESERVATION BILL The proposer of the policy of reservation state that although equality of the sexes is enshrined in the Constitution, it is not the reality. Therefore, forceful affirmative action is required to improve the condition of women. Also, there is evidence that political reservation has increased redistribution of resources in favour of the groups which benefit from reservation. A study about the effect of reservation for women in panchayats shows that women elected under the reservation policy invest more in the public goods closely linked to womens concerns. In 2008, commissioned by the Ministry of Panchayati Raj, reveals that a sizeable proportion of women representatives perceive an enhancement in their self-esteem, confidence and decision-making ability. Some opponents argue that separate constituencies for women would not only narrow their outlook but lead to perpetuation of unequal status because they would be seen as not competing on merit. For instance, in the Constituent Assembly, Mrs Renuka Ray argued against reserving seats for women: When there is reservation of seats for women, the question of their consideration for general seats, however competent they may be, does not usually arise. We feel that women will get more chances if the consideration is of ability alone.12 Opponents also contend that reservation would not lead to political empowerment of women because: (a) Larger issues of electoral reforms such as measures to check criminalisation of politics, internal democracy in political parties, influence of black money, etc. have not been addressed, (b) It could lead to election of proxies or relatives of male candidates. LOK SABHA Reserved seats may be allotted by rotation to different constituencies in the state or union territory. If a state or union territory has only one seat in the Lok Sabha, that seat shall be reserved for women in the first general election of every cycle of three elections. If there are two seats, each shall be reserved once in a cycle of three elections. Similar rules apply for seats reserved for SC/STs. Of the two seats in the Lok Sabha reserved for Anglo Indians, one will be reserved for women in each of the two elections in a cycle of three elections. LEGISLATIVE ASSEMBLIES The Bill reserves one-third of all seats in the legislative assemblies that are to be filled by direct election for women. Such seats may be allotted by rotation to different constituencies in the state. For SC/ST seats, similar rules as those for the Lok Sabha apply. KEY FEATURES 1. As nearly as may be one-third of all seats in Lok Sabha and State Legislative Assemblies shall be reserved for women. 2. Reservation shall apply in case of seats reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) as well. 3. Seats to be reserved in rotation will be determined by draw of lots in such a way that a seat shall be reserved only once in three consecutive general elections. DEMOCRACY The concept of democracy will only assume true and dynamic significance when political parties and national legislatures are decided upon jointly by men and women in equitable regard for the interests and aptitudes of both halves of the population. Inter-Parliamentary Union, 1994 While there is no universally accepted definition of democracy, any functional analysis must include two fundamental principles: all members of the society must have equal access to power, and all members must enjoy universally recognised freedoms and liberties. The Indian model of democracy also prioritises representation so as to avoid the pitfalls of majority rule. On this basis, there already exists a quota for Scheduled Castes and Scheduled Tribes. It is clear from the statistics alone that women do not have easy access to raditional power structures. Their entry into public spaces is persistently isabled by prevailing historical constructions of gender, created and perpetuated by the dominant institutions such as family, religion, education and the State. Nevertheless, the nature of this relationship also means that the same institutions which created the imbalance can take responsibility for its repair. The final objective of reservation is to increase womens visibility in all policy decisions on the basis that all policy decisions affect women as well as men, and affect women differently to men. This applies equally to the harder issues such as trade, industry, agriculture, defence, employment etc., as it does to those softer issues which are traditionally assigned to women politicians. Political participation of all sections of society is essential for building a functioning and representative democracy. Women must therefore be present in new arenas of decision making, with their experiences, perspectives and visions of the future informing public debate. Reservation will provide elected women with the ability to compliment elected men in making the rules that apply equally to both sexes, and which women are equally expected to abide by. Reservations on Reservation The greatest impediment to the passing of the Bill is the insistence from certain political lobbies on a quota within a quota for women of other backward classes (OBC). The concern is that, without these provisions, elected women will come from the ruling classes alone and will selectively represent the interests of these socio-political elite. OBCs and Muslim women are not currently represented Within the Womens Reservation Bill simply because there is no general reservation for OBCs and Muslims and as such a sub-quota within the Womens Reservation Bill may be unconstitutional. Whilst it might be possible to add a sub-clause, the push should first be for a Constitutional Amendment that enables a general OBC quota and/or a non-secular quota for Muslims. This was the recommendation of the Joint Select Committee Formed in 1996, which responded to a common delegation of backward caste MPs with the assertion that sub-reservations for OBC women were not legally permissible until a separate constitutional amendment established a general quota. In addition to a number of minor technical adjustments, the Committee then recommended that the bill be passed into law as soon as possible. Interestingly, neither Mulayam Singh Yadav of the Samajwadi Party nor any other leader has of yet brought a proposal for reservation for OBCs or other minorities to be debated and discussed in the Parliament. Once the Womens Reservation Bill is passed, quotas for general reservation for other social groups can be raised in the parliament as a separate Issue, with one third of the seats within these distinct quotas subsequently reserved for women. Even with no general quota, it is difficult to understand why it is assumed that OBCs will be less well represented upon the implementation of womens reservation. To quote the former Judge of Delhi High Court, Justice Rajinder Sachar (PUCL Report, 2003), There are about 200 OBC candidates in the Lok Sabha It is not their public service, but merely the caste configuration that has preferred them. Similar results will follow even after the reservation for women. CLIMRAP Subsequently, womens organisations and the National Commission for Women (NCW) have accused detractors in parliament of making demandsfor OBC sub-quotas simply to undermine the bill and safeguard their own seats, or alternatively to keep their Muslim and OBC vote bank intact at a highly opportune time. They claim that, within the parties most Protesting about the need for female representation from backward classes, there are remarkably few female candidates or elected representatives: the Samajwadi Party (SP), for example, has 2 women representatives out of a total of 39 MPs. If these MPs were truly concerned about the lot of OBC women, it should have been possible before now to distribute party tickets to female candidates from OBCs and other minorities. There are also very real dangers in compartmentalising the Issue of womens empowerment. The NCW have noted that quotas are one of the few issues to unite women in parliament from across party lines often because many of these women have personally witnessed the systemic discrimination that impedes womens participation in electoral and political procedures. Reservation is a tool that begins to repair the damage caused by Centuries of discrimination that exists ubiquitously across political parties, across social classes and across community divisions. Of any excluded group, the most deprived member will always be a woman. 22.5 per cent of seats in Parliament are already reserved for SC/ST of which just over 7 per cent are held by women and around 200 MPs are from OBCs (well over a third of the Lok Sabha). In contrast, just 8 per cent of seats in the national legislature are held by women. There is undoubtedly a need to further the participation of Lower castes and classes, but an alternative prop is needed to the Womens Reservation Bill. The government cannot continue to be sidelined on this issue because there are men in Parliament who apparently possess more pressing Concerns than the liberation of half the population. Ultimately, mens very presence in Parliament will always enable them to shout louder and more often Until the Bill is passed. METHODOLOGY Womens Rights and Social Development I measure the progress of a community by the degree of progress which women have achieved. B.R. Ambedkar Taking measures to enhance the status and visibility of women is critical for sustainable progress against the range of human development indicators, Both because women are particularly vulnerable to social and economic marginalisation when resources are scarce, and because women are critical agents in the development processes. According to various international reports, development in India is being severely hampered by the breadth of the gender gap and limited female participation in traditionally male dominated institutions and social strata as in below: India and the Gender Gap The World Economic Forums annual Gender Gap Report (2007) affirmed that there are just six countries Iran, Bahrain, Oman, Pakistan, Saudi Arabia and Yemen performing worse against economic parameters, with women constituting a mere 3 per cent of legislators, senior officials and managers and making up 90 per cent of informal workers in the economy. Against other major indicators, there is also immense cause for concern: India has the largest number of maternal deaths in the world and shocking rates of female malnutrition, and a woman in India has lesser chance of survival than in all but 2 of 128 countries. The oft-discussed imbalance in the sex ratio can be attributed not only to female infanticide, as is often assumed but to sustained neglect from infancy of female health, nutrition and wellbeing. A girl child is up to 3 times more likely to be malnourished than her brother (UN), and is also significantly more likely to drop out of school before completing a full eight years of education. As well as passive neglect, violence against women and girl children is on the rise: the number of rapes per day has increased by nearly 700 per cent since 1971, and thousands of dowry deaths occur each year (National Crime Records Bureau). There are countless studies to demonstrate the effectiveness of womens empowerment as a tool for development. For example, Kerala and Manipur have experienced rapid progress in improving health and reducing mortality and fertility rates the benefits of which affect men as well as women and in these states women also play a vital social and economic role. This correlation should not be surprising, given that nutrition and child health generally fall within the remit of the womans household decisions. Ultimately, healthy, educated and empowered women are more likely to raise healthy, educated and confident children and engage positively with the life of the community (UNICEF). To eliminate gender discrimination and promote female empowerment, womens decision making capacity must therefore be enhanced within the household, the workplace and the political sphere. Increased political influence should have reverberations for womens equality in the other two realms, which will in turn have implications for Indias performance against all milestones for social progress. Reservation of seats is a basic, consistent and logical step towards both womens emancipation and inclusive development particularly for a government which promised that the equal access to participation and decision making of women in the social, political and economic life of the nation would be at the heart of its agenda (National Policy for the Empowerment of Women, 2001). Experiences in Panchayati Raj Institutions (PRIs) The challenges faced by elected women in local government are often extreme, and have been widely documented by both proponents and critics of womens reservation. However, it is important to note that there are also many success stories from within the PRIs. Where womens presence has been meaningful, they have been able to make a significant contribution to the life of the community and offer an alternative perspective to the traditional status quo. Womens panchayats have also successfully campaigned and taken action on pressing issues that impact on womens rights such as alcoholism, child marriage, domestic violence and gambling. Nevertheless, the experiments with reservation in PRIs have demonstrated that it will be necessary to ensure that women access equal opportunities to progress within the political system, and that fixed reservation in the Lok Sabha does not act as a seal on participation. Few women from PRIs have of yet managed to progress through the ranks and enter State Assemblies, national legislatures etc. Processes of promotion Within decision making bodies must therefore be facilitated, for it is overly simplistic to imagine that prejudice is not dispersed within the institutions of governance themselves. Women demand one third reservation in parliament 30 Aug 2009, 0014 hrs IST, ET Bureau Thursday should have been a red-letter day for Indian women. Thats when the Cabinet agreed to hike reservation for women in all tiers of the Panchayati raj system from the existing 33% to 50%. In a country where the Womens Reservation Bill, reserving a third of the seats in Parliament for women, has been stonewalled for 13 years, the decision marks a victory, however small. But its not enough. Especially if, as many suspect, it is a convenient ploy to draw attention away from the main issue: the inability (unwillingness?) of the government to deliver on its promise of reserving seats for women in parliament. The unstated underlying logic (?) seems to be more women are fine provided they are at the sub-ordinate level of decision making. So give them more seats in Panchayati level institutions that are anyway fairly powerless but dont allow them to sup at the high table of Parliament/state legislatures But is that fair, either to the women or the country? Research suggests that having more women lawmakers makes a huge difference, not just to women, but to society as a whole especially in poor countries. In Rwanda, for instance, a much-needed law that defines rape and protects victims of sexual abuse was passed only after women legislators became a force to reckon with. Their male counterparts saw the subject as taboo. (Rwanda, incidentally, is the first country in the world where women are in a majority in Parliament). Unfortunately, Rwanda is an exception. In the 100 odd years since women were first elected to a national parliament, only 18.4% of seats worldwide are currently held by women. To address this, close to 110 countries have introduced rules to help women get elected. So has India but with one difference. We, or rather our male Parliamentarians, are willing to allow more representation to women, but not where it matters, in Parliament and state legislatures. This is why even as Indian women celebrate Thursdays decision by the Union Cabinet they must see it for what it is mere crumbs! The fact is more than sixty years after independence women are among the most deprived sections of Indian society. In law, the Indian woman has few equals in the world. The Indian Constitution, unlike many others, gave equal rights to women as to men right from day one. In every respect she is on par with the Indian man. But only on paper! In reality, the picture could not be more different. On almost every human development indicator, women trail not just their male counterparts but also women in neighbouring countries; countries that are not only poorer but cannot boast of so many women at the helm of affairs: a president, a chief minister and a powerful political leader at the centre. Take, for instance, maternal mortality rates. Deaths during childbirth in India are way above the S Asia average. In Sri lanka almost all births take place in institutions; in India this number is below 40%. Again, poorest women in Bangladesh have 72 % the health coverage of the richest; in Pakistan the comparable figure is 63 % but in India the number drops to 55% in urban areas and just 37 % in rural areas. This state of affairs has much to do with the fact that less than one in ten legislators in parliament or state assemblies in India is a woman. According to the Delhi-based PRS Legislative Research, women accounted for less than 7% the total MLAs in 28 states and two union territories and little over 9 % of the total number of MPs in the last Lok Sabha. The position has improved in the 15th Lok Sabha, but only marginally. Agreed reservation as a policy instrument is a poor substitute for ensuring equality of opportunity, whether in educational institutions or in jobs or in Parliament. .But having said that, it is nothing but hypocrisy when a political class that regards reservation as an answer to social discrimination suffered by SCs, STs, and now OBCs, argues it is not an answer when it comes to increasing the presence of women in Parliament. Thursdays Cabinets decision to reserve 50% seats in Panchayats for women while stonewalling the Womens Reservation Bill must, therefore, be seen for what it is: a bid to divert attention from the much larger issue at stake. There is no reason why the rest of the country, especially its womenfolk, should fall for it. IMPLICATIONS OF THE BILL The main provisions of the Bill, as introduced in the Rajya Sabha in May 2008, are: 1. Not less than one-third of seats to be reserved in the Lok Sabha and State Legislative Assemblies for women. 2. One-third of the total number of seats reserved under clause (2) of article 330 (the existing quota for Schedule Castes and Scheduled Tribes) to be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes. 3. Reservation of seats to cease to exist or expire after 15 years of the commencement of the constitutional amendment. 4. To select women candidates through a system of rotation, by which one third of the total number of constituencies to be reserved for women candidates, will be determined through a draw of lots. 5. To consider extending the reservation to Rajya Sabha and the Legislative Councils of States, without making any definite provisions within the scope of the current Bill. KEY SUMMARY AND ANALYSIS 1. There are divergent views on the reservation policy. Proponents stress the necessity of affirmative action to improve the condition of women. Some recent studies on panchayats have shown the positive effect of reservation on empowerment of women and on allocation of resources. 2. Opponents argue that it would perpetuate the unequal status of women since they would not be perceived to be competing on merit. They also contend that this policy diverts attention from the larger issues of electoral reform such as criminalisation of politics and inner party democracy. 3. Reservation of seats in Parliament restricts choice of voters to women candidates. Therefore, some experts have suggested alternate methods such as reservation in political parties and dual member constituencies. 4. Rotation of reserved constituencies in every election may reduce the incentive for an MP to work for his constituency as he may be ineligible to seek re-election from that constituency. 5. The report examining the 1996 womens reservation Bill recommended that reservation be provided for women of Other Backward Classes (OBCs) once the Constitution was amended to allow for reservation for OBCs. It also recommended that reservation be extended to the Rajya Sabha and the Legislative Councils. Neither of these recommendations has been incorporated in the Bill. CONCLUSION As in India there are several reservations like SC, ST and OBC etc. is already present from its independence. However in 1996 a talk of another reservation bill called womens reservation bill was debated to introduce. However it is not applied till now. By the womens reservation bill we can easily prevent discrimination of womens from our society by applying the womens reservation bill. Some leaders like Lalu Prasad Yadav and Mulyam Singh Yadav are not in favour of womens reservation bill because they think that there are already several reservations like SC , ST and OBC etc. some people thinks that they are right while some other are not in favour of this bill. By passing this bill we make womens more responsive and hardworkers. Along with this there is increase in participation of Indian womens. Lawful Representation There is nothing so unequal as the equal treatment of unequals. Aristotle The Constitution of India is a progressive document that guarantees equal rights for both sexes, and entitles women to enjoy economic, social, cultural and political rights on an equal footing with men (Article 325). It proceeds to consider the appropriate use of legislation to redress inequality and prevent the Further infringement of womens fundamental democratic freedoms and human rights. Under Article 15 (3), the State is thereby empowered to make special provisions, legislative or otherwise, to secure womens socio-political advancement. Indian case law has already interpreted the Equal Protection provisions to allow for affirmative action for women. In addition, India is a signatory to a number of international agreements that support proactive state measures for womens political development: 1. The Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) was ratified by India in 1993. Article 3 discusses appropriate measures, including legislation, to ensure the full advancement of women. Beyond this, Article 7 affirms that signatories should take all appropriate measures to eliminate discrimination against women in the political and public life of the country. It recognises that, unless countries take active steps to promote this integration, women will never be able to fully enjoy the basic human rights guaranteed in international law. 2. The Inter Parliamentary Unions (IPU) Universal Declaration on Democracy (1997) asserted that the achievement of genuine democracy presupposes a genuine partnership between men and women in the conduct of the affairs of society in which they work in equality and complementarily, drawing mutual enrichment from their differences. 3. The Beijing Platform for Action (BPfA), 1995 affirmed that womens persistent exclusion from decision making was substantially hampering the achievement of democratic transformation, womens empowerment and achieving the goals of sustainable development. The BPfA therefore endorses affirmative action for women in the political spheres. Under the Constitution and other national and international Commitments, the State is thereby under an obligation to protect and promote the human rights of women, including the right to political equality, without any discrimination on the basis of sex. 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