Japanese literature :: essays research papers

Vernon McCalla Japanese Literature Question #2  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  2. Individualism has been seen as a characteristic feature of the modern world. How do we see the issue of individualism being dealt with in the works we have read? Discuss examples of individualism in both modern and pre-modern texts.   Ã‚  Ã‚  Ã‚  Ã‚  In the works we have read, the characteristic of individualism has played a strong role in the lives and decisions of three characters in particular. The characters Basho, Chockichi, and Okada all display similar acts of individualism in their own stories as they depart not only from their homes but also the traditions that have helped shape their lives for many years. These characters leave behind the familial and societal values that were vastly present in Japanese tradition. With their decisions to be individuals, they obtain new attitudes and standards that relate to, money, education and security. The new values attitudes are what brought Japan into a modern way of thinking and left old values and traditions behind.   Ã‚  Ã‚  Ã‚  Ã‚  Individualism is the belief in the primary importance of the individual and the virtues of self reliance and personal dependence. Basho shows his independence by leaving his home front and traveling north. He does this in order to see new places, visit sites of earlier poets, and to spread his views. For Basho traveling is a way of life, and because he travels alone one could say that Basho is very much an independent individual. Throughout Basho’s Narrow Road it seems as if there is a lack of people he encounters on such a long journey. The reader does not know if this is because Basho chooses to leave out the people he meets from his story or because he truly does not encounter many. In any way, the lack of people in the story puts the spotlight solely on the main character, Basho. With this, Basho rejoices in his individualism by going against traditional Japanese values and the unknown. Basho can be described as a pre-modern individual. His journeys are not for money or to enhance his social status; they are for his own personal benefit in order to see more of Japan and to become inspired by nature and its beautiful surroundings. Traveling for Basho is his life, unlike many traditions of Japan where supporting a family and working are a way of life, he chooses a different path. By this Basho chooses a life that is centered around himself and based on personal dependence and happiness.

Indian tribe`s inherent sovereign authority Essay

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

Conflict Theory Poverty And Inequality Essay - 2566 Words

1. Conflict theory simply means that more powerful groups use their power in order to exploit groups with less power and the money is the mechanism which creates social disorder. Yesterday, I read a news about how so many kids are dying due to malnutrition in Yemen. I read some comments to see what people are thinking and what can be done about it? One comment said â€Å"if they cannot feed their kids they should stop having children and the problem will be solved†. Really, is that a solution, is it moms fault that their kids are hungry in a world that there is enough food for the entire population yet most people are hungry. She does not get hunger is caused by poverty and inequality, not scarcity. What that person who made the comment and many others who have the same perspective do not know is that inequality perpetuated because it benefits the rich and powerful at the expense of the poor and â€Å"capitalism is the core of inequality and suffering† (lecture). 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Cypop 5 Childminding Course Task 9 Report on Behaviour

TASK 9 REPORT ON BEHAVIOUR –policies and assessment explation Behaviour can often be linked to age and stage as well as environment. Other factors that can influence behaviour are overall development, self-image, changes in personal life, new school, media and peer groups. For instance , with a young baby you might get signs of ‘separation anxiety’ . With a two year old, their might be ‘toddler frustration’ and with school aged children , strong attitudes and opinions. As child minders we need to be aware of the types of abuse and what to look for Sexual abuse, neglect, emotional/psyhchological,and physical. All of these subjects have had in depth discussions during class and I am well aware of the signs to look out for. Whilst†¦show more content†¦Ã¢â‚¬ ¢ I will help children maintain their self-esteem by showing I disapprove of their bad behaviour not the child themselves. If I have concerns about a child’s behaviour which are not being resolved, I will ask for permission from the parents to talk it through with another childcare professional. I may contact the National Childminding Association, the NSPCC, health visitor or the local early years team (or other relevant advice service) for confidential advice. Concerns that could identify a particular child are kept confidential and only shared with people who need to know this information. I encourage appropriate behaviour by: †¢ Setting a good example, I aim to be a positive role model as children copy what they see. Children learn values and behaviour from adults. †¢ I readily praise, approve and reward wanted behaviour, such as sharing, to encourage it to be repeated. Using praise helps to show that I value the child and it helps to build their self-esteem. †¢ I praise children to their parents and other people when they have behaved as expected. †¢ I try to be consistent when saying â€Å"no† and explain reasons why it is not appropriate and considered unwanted behaviour. †¢ My expectations are flexible and realistic and are adjusted to the age, level of understanding, maturity and stage of development of the child. †¢ I try to involving children in setting and agreeing house rules.

The Effects Of Culture On Health Care - 1642 Words

Assignment 6 Introduction Over the years the United States has become more culturally diverse (Haynes, 2016). As a result, it is estimated that one-third of the United States population is minorities, which the number of minorities is estimated to increase to 54% by 2050 (Haynes, 2016). Therefore, the increase in cultures can lead to or increase the health care disparities. Consequently, it is essential that health care organizations improve its cultural competency. Overall, the increased diversity in the population and the documented health care disparities have made cultural competency essential in order, to ensure that every patient receives quality health care services (Haynes, 2016). The purpose of this paper is to explore the effect of culture on health care. Define the Role of Cultural Awareness in the Management of Health Care Culture is the integrated patterns of behavior, which include the language, communications, thoughts, actions, customs, values, beliefs, and institutions of racial, religious, ethnic, or social groups (CDC, 2015). Furthermore, competence refers to having the capacity to function effectively as an organization and an individual within the context of the cultural behaviors, beliefs, and needs that are presented by the customers and/or the communities (CDC, 2015). Overall, there is no uniform definition of cultural competence, however the cultural competence definition used to develop this paper is cultural competence is the process thatShow MoreRelatedCulture and Diversity: Understanding Disparities in Health Programs1273 Words   |  5 PagesCulture and Diversity: Understanding Disparities in Health Programs This essay reviews key concepts of culture and diversity in the context of their role in causing and/or making worse disparities in health programs. Key Points on Health Program Planning For individuals to be healthy requires the combination of varying levels of physical, mental and social well-being throughout a persons lifetime. Most people find that maintaining their health requires a certain amount of effort and intentionRead MoreThe Spirit Catches You And You Fall Down Essay1566 Words   |  7 PagesAmerican Doctors, and the Collision of Two Cultures written by Anne Fadiman. 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Culture is a complex whole that also includes shared traditions, customs and language, and norms that must be learned from families and social communities (Thomas et al., 2004). It also affects the entire way in which health is framed in meaning and response; thus, awareness of these cultural variations can only serve to enable health practitioners to provide adequateRead MoreThe Filipino Culture And Health Care1193 Words   |  5 PagesWithin individual cultures, there are health disparities, or specific differences of a population in the existence of health outcomes, disease, health care access, and value of health care services existing across ethnic and racial groups. Disparities can stand for ineffectiveness within the system of health care and thus accounting for unnecessary costs. 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In Hindu religion, health is defined a s a balance between biological, psychological, and spiritual energy. Individuals believe illness occurs due to witchcraft, black magic, ghost and evil spirit. Environmental control is the ability of members of a particular cultural group to plan activities that control nature or direct environmental factors† (Spector, 2013). In Nepali culture, herbal medicine and healers are widely used to treat illness. The authorRead MoreMedical Errors1004 Words   |  5 PagesMedical errors have adverse effect on health care organization structure because it put a question mark on health profession’s reputation. The medical error definitely can cause harm to the patient or even the death. Medical errors can happen anywhere in healthcare system: in hospitals, clinics, surgery rooms. Medical mistakes can arise from doctors, nurses, surgeons, hospital administration, and many others. Medical errors affect the health care organizational structure, culture, and social in many waysRead MoreQuality1156 Words   |  5 Pagesquality and patient safety improvement OR to expanding access and equity in the U.S. health care system. For those that write about quality, you may wish to include discussion of some of the following: provide evidence on the current state of quality and patient safety in the U.S. health system: National attention is currently focused on the debacle of The Affordable Care Act’s (ACA) roll out. The Federal Health Exchange website, cancelling of thousands of insurance plans and the dismal enrollment

Characteristics of Business Leadership Free Essays

Characteristics of Business Leadership BUS302-024016 October 30, 2011 Characteristics of Business Management The purpose of this paper is to show a comparison of two successful businesses. Borders Books and Amazon. com are two companies that both sold books but used different methods in operating their businesses. We will write a custom essay sample on Characteristics of Business Leadership or any similar topic only for you Order Now Even though they both were successful businesses, both companies had different leadership styles, visions and goals. Out of the two businesses, only one remain successful and present today. In this paper, I will show how both businesses started, how the leaders differ in leadership styles and techniques, and how Amazon continues to be a great success today. Description of the Businesses I will describe each business and how each business started. I will also describe three main challenges each company faced while establishing or running the business. Amazon. com was founded in 1994 by Jeff Bezos as an online bookstore. As CEO he has built it into the largest retailer on the web, selling everything from groceries to electronics and shoes. Jeff Bezos was working in a quantitive analysis group at an investment firm, when he saw an opportunity to sell books on the internet. In 1994 he went on a cross-country drive from New York to Seattle to start Amazon. He typed his business plan as he went. And he picked up $300,000 dollars from his parents in Fort Worth, Texas. He set up his business in his garage and began selling books via the internet. His business became worth $4. 4 billion according to Forbes’ latest billionaire rankings in 2009. Since the start of Amazon. om, Jeff Bezos came very close to failure. The company was on the brink of bankruptcy. Jeff Bezos lost a total of $550 million in startup cost by November 1999. But inspite of that, Time magazine named Jeff Bezos † Person of the year† a month later. Borders Books was founded by Louis Borders, who was the leader of Borders Books and got his start in Ann Arbor Michigan in 1971. Louis Borders and his brother Tom Borders opened a used bookstore, according to the book eBoys by Randall Stross. Louis Borders had a degree in math from the University of Michigan. In his store, he went to work designing artificial intelligence software for managing the inventory of a supersize bookstore, and by doing so made opening more bookstores possible. For fifteen years he and his brother operated Border Books in Ann Arbor and sold software to other stores. Borders started opening more stores. In 1988, Borders recruited Robert DiRomualdo to lead the company’s expansion. Roberts DiRomualdo was later credited with leading the company’s rise to national prominence in the 1990s. In 1992, Kmart Corp; which bought Waldenbooks in 1984, purchased the 21-store chain for an estimated $190 million , the New York Times reported at that time. Once sold, Border Books went through several changes including the name changing to Borders Group Inc. and changes in CEOs. Between January 1998 to January 1999 Borders expanded by adding 52 superstores. This was the biggest one-year expansion in its history. By January 1999, the company had 256 superstores averaging $256 in sales per square foot. In May 1998, Borders launched an online presence for the first time. Borders had several different CEOs until Mike Edwards became interim CEO in January of 2010. Leadership Styles This paragraph will explain the leaders’ leadership styles and discuss how they have adapted to cultural differences and how they operates their businesses effectively in global markets. Mike Edwards became interim CEO of Borders in January 2010. This was a time when sales were already at a decline and the company had already been close to filing bankruptcy but avoided it by cutting costs and conserving cash. The company was already at an organizational decline. Prior to him becoming CEO, Borders had already lauched an online presence for the first time in May 1998. Since then, severing ties with Amazon, the company launched a new Borders. com. So after Mike Edwards was named CEO of subsidiary Borders Inc. in June 2010, Borders launched e-book store, started selling e-readers and set strategies to get 17 percent market share in e-books within a year. Doing this online business was with a hope to increase sales nationally and globally. But I believe a mistake was made by continuing to run the business somewhat the same, but just cutting cost. Mike Edwards didn’t make the changes necessary o adapt to cultural differences and was not able to operate the business effectively in global markets. Previously Borders had business base in Australia, New Zealand and Singapore but had to sell off its business in those areas. Due to the condition Borders was in when Edwards came on as CEO, didn’t allow for a great chance of bouncing back fr om their losses. Mike Edwards’ style was to hurry and cut cost and to do quickly what he could to save the company. Really, he had no choice but to do this quickly. Jeff Bezos has a style of having a customer-focused culture and he continues to use the leadership methods they have used for years. He makes it difficult for some publicly traded companies to have the right strategy. He makes sure that Amazon. com follows different strategies to acquire business but at the same time adapting to any cultural differences that take place. He operates the business by reaching out to different global areas through his web based business. Jeff Bezos make sure he keeps up with the competition by changing the company’s strategies quickly to adapt to any changes in technology, customer needs and competition. He believes that experimenting different things will attract different cultures. Jeff Bezos believes that cultures are very stable. New people who come to the company may stay or leave. But he states that overtime, you build up this momentum around a culture that is self-perpetuating. This is a way to adjust to to different cultural differnces as well. Leadership, Management, and Motivation Management is getting work done through others efficiently and effectively. Leading involves inspiring and motivating workers to work hard to achieve organizational goals. Jeff Bezos, who founded Amazon. com in 1994, states that his view is that every company requires a long-term view. He feels that if you’re going to take a long-term orientation, you have to be willing to stay heads down and ignore a wide array of critics, even well-meaning critics. If you don’t have a willingness to be misundertood for a long period of time, then you can’t have a long-term orientation. He also states that you’re also gonna have to have a willingness to repeatedly fail if you’re gonna experiment. For some, this is a exciting and motivating culture. Also, he no longer makes all the plans. He has a group called the S Team that (Senior Team) which stays abreast of what the company is doing. This team meets for about four hours every Tuesday. And once or twice a year the S team gets together in a tw-day meeting to explore ideas. This is an example of group decision making. On the other hand, Mike Edwards’ focus was to stick to the business plan that he said works. He stated that they were fighting to the end and hoping that a reorganization plan would be approved. By cutting back and closing some stores would help Borders to exit bankruptcy. He did state that Borders mistake was to open so many stores. He immediatley took action and began an aggressive cost-cutting plan to close stores and lay-off workers. Leader’s Impact Jeff Bezos made an impact on the world by allowing customers worldwide via the web to purchase books, and everything from groceries, electronics and shoes and more. This allowed customers to shop from the comfort of their own home. This was a great convenience for customers around the globe. Also, Louis Borders vision had an impact on the world as well. When Borders and his brother Tom started Borders Books, Louis Bothers took his knowledge and designed artificial intelligience that would later benefit other stores by selling them the software to use for their businesses as well. Boarder Books stores allowed customers to purchase all types of books and also to have an peaceful environment to enjoy reading their books. Borders Books later intergrated music and movies into some of their stores. Even though Mike Edwards didn’t become CEO of subsidairy Borders Inc. until June 2010, he made an impact on the internal structure by taking drastic measures to save the company by closing alot of the stores and laying-off employees. This not only affected the employees but the consumers who shopped at Borders as well. All these drastic actions also affected the morale of the employees and stores that remained until Borders announced it’s liquidation in July 2011. } References Bomey, Nathan (2011). Borders’ rise and fall: a timeline of the bookstore chain’s 40-year history. http://Ann Arbor. com/business-review/Borders-rise-and-fall-a-timeline-of-the-bookstore-chains-40-year-history Bomey, Nathan (2011). Exclusive interview with Borders How to cite Characteristics of Business Leadership, Papers

Development of New Efficient Refineries in the Middle East and China

Question: With the development of new efficient refineries in the Middle East and China, Western Oil companies are selling off their existing refining capacity. Explain why this is occurring and what are advantages could accrue to petroleum business from these de mergers. Answer: Any business venture revolves around two things. The running cost and making a profit down the line. As expected the advent of new efficient refineries in the Middle East and China, Western Oil Companies are either selling off their existing refining capacity or scaling down the production cost and overall production of crude. The main reasons for such steps are understood from a very simple logic. Cost of labour and operational cost plays a big role in deciding whether a venture is worth or not. Along with this the development in the field of non-conventional energy all across the world is another factor which is playing a role in deciding whether to run an oil field which is not a very profitable from production, transportation and crude oil price indicators. If the same production level or little less than these oil fields could be maintained with much more efficiency then the overall cost of production could be scaled down and profit margin could be pushed as well. The latest fall in crude oil price is again played a deciding factor and to break even from this price slump Companies definitely needs alternative oil field option to overcome future shock. Question: Critically appraise BPs decision to focus on non-renewable energy against those oil companies which have invested in solar, wind and other diversified energy sources. Answer: British petroleum decision to focus on non-renewable energy compared to other companies which are delving more into solar, wind and other diversified energy source investments is mainly due to profitability issue. After 40 years of casual approach to renewable energy research work BP finally took a call and withdrew from the field of renewable energy source. One of the main factors which played a role in taking this decision was the technological advancement China has made in the field of photo voltaic cells and the cost of production. After the Texas City refinery debacle and the aborted tie up with Rosneft, Russia, British Petroleum didnt want another setback in solar panel business mainly because of the competition from China in the production of cheapest solar panels is now hitting below the belt. BP decided to quit before its too late for them to recover and in any case the skeleton presence was merely to maintain credibility in the field of beyond petroleum. BP once controlled 80% of the oil fields around the world but now it has only 10% stake and as Oil companies need to make a lot of money to maintain their reserves replacement as well as to pay the huge dividends to the investors BP could not but get back to its core business activity. The tiny fraction expenditure of capital that BP invested in renewable energy was never good enough to compete against cut throat price deliverables of solar panels from China.