What I Learned From An Audit Essay - 1277 Words

Introduction The overall goal of Professor Schafer for ACCT-8400 Seminar in Auditing course is to prepare for each student to enter the auditing professions and/or to work with auditors. The student should have ability to demonstrate proficiency in developing audit evidence that meet the standards of the profession, apply auditing standards in the real world, create an audit plan, and proposed to the senior managers. I recognize that having an effective audit system is important for a company because it protects the company from management and financial issues that might destroy the business. Three main things I learned from this class is how to plan an audit program, perform tests of control and substantive tests of transaction, and ethical responsibilities of accountants and auditors. Audit plan Firstly, in an audit plan, an auditor should know how to monitor, analyze and access risks of the organization. Essentially, auditors gather information on how an organization or company is operating, understand the company’s business, industry, ownership, and management, as well as observe how these things are being implemented. Then, the auditor can use information obtained from communications between previous auditors, analytical procedures to consider the inherent risk. Analytical procedures are evaluations of financial information through analysis of relationships among financial and non-financial data. In this procedure, we compute financial ratios to compare current toShow MoreRelatedEssay Ethics Case937 Words   |  4 Pagessupposed to go over a total of 6 hours. Pressured by the senior on the audit, he is caught between lying about his hours or telling the truth and going over budget on the audit, potentially causing the other accountants on the team to look bad prof essionally. The first alternative that I have learned about when addressing ethical issues as a staff auditor would be to talk to the senior on the team and tell him/her exactly what is going on, but the senior is the one telling him to â€Å"eat† his hours.Read MoreThe Experience Of Interning At Ey962 Words   |  4 Pages I had the opportunity of interning at EY from June 3rd to August 3rd, 2015. I interned in the Baltimore office with 26 other interns as a part of the Assurance service line. Over the course of the internship, I had the opportunity to attend regional training for interns in Washington D.C. in addition to a service line training, lasting a total of 5 days combined. We received general information in training about the company, their mission, organizational structure, and employee expectations. TheRead MoreAnalysis Of The Legislative Joint Auditing Committee Audited1173 Words   |  5 PagesSummary of District Audit In 2015, the Legislative Joint Auditing Committee audited Hector School District. In the Summary of Auditor’s Results and Financial Statement Findings, the auditors did indicate a material weakness in internal control. Here, the specific requirement noted that management is where the responsibility falls for implementing sound accounting policies and maintaining internal control over financial procedures that are consistent with their own assertions found in the financialRead MoreWhat I Have Learned About Privacy And Security1476 Words   |  6 PagesI have learned there is extremely more to the HIM department than I realized. This HIM department located at Sykes is the main location for all of the Northern regions HIM needs. I was able to learn that the HIM department helps answer frequently asked questions and concerns regarding the HIM processes in addition to indicating opportunities where they can facilitate effective outcomes dealing with patient satisfaction. In the fu ture AMG wants to be paperless, also for the health information functionsRead MoreKeystone Computers Networks, Inc. ( Kcn )1119 Words   |  5 Pagesselective audit planning working papers that were prepared by the staff of Adams, Barnes Co. for this year’s audit.† I will be listing the order in which I would perform this audit and I will decide if I should select the client and focus on the key audit objectives while applying the audit risk model. First, I will list the steps I would take to perform this audit. 1. Review each major section of the audit strategy. 2. Significant risks. 3. Complete analytical ratios for the year. I will now reviewRead MoreCase Analysis : Tax Evasion1143 Words   |  5 PagesMEMORANDUM TO: PROFESSOR KEVIN HEE FROM: MAYRA ROJAS SUBJECT: TAX EVASION Executive Summary The purpose of this memo is to inform you more about a case of a tax evasion. In the case, a former U.S. judge tax court and her husband commits tax evasion and obstruct the Internal Revenue Service audit. I looked through some tax laws using the book South-Western federal taxation and applied to the case. In this case, we learned that it is not difficult to deceive personalRead MoreThe Changing Market Of Job Market Essay1175 Words   |  5 Pages As I read the article by PwC, it states the importance of societal value has when recruiting for potential employees for their company. The article states that, â€Å"In a survey of 1,409 chief executive officers (CEOs), 69% said their organization’s purpose is focused on societal value.† This reveals how significant and important societal values have on people. The statistics of this statement is credible because it surveyed 1,409 CEOs which means that this reasoning is a evidence of the changing marketRead MoreIntern At The Largest Cpa Firm1550 Words   |  7 PagesReflection This past summer, I had the opportunity to intern at the largest CPA firm in Buffalo, Freed Maxick, CPAs. It was an intense six-week program that exposed me to a variety of work in departments such as tax, audit, EAS, consulting, and healthcare. At Freed Maxick, they wanted the internship to parallel the experience their first-year staff accountants have. We were treated as full-time employees as we had our own cubicles, worked forty-hour weeks, and were designated tasks from upper-level staff pertainingRead MoreWhy Toshiba Is Getting Hit With A Record Fine1599 Words   |  7 Pagescompany owned Toshiba Corporation’s scandal lead to the CEO, Hisao Tanaka’s resignation after an independent financial audit revealed accounting discrepancies totaling 58.9 million dollars. Well known for various home electronics (TV, VCRs, etc.) and household appliances (dishwasher, washing machines, etc.) the Toshiba Corporation has been operating since 1875. An analysis of what happened to Toshiba demonstrate a lack of ethical standards in leadership, transparency, and finance. Leadership TheRead MoreZZZZ Best Company: How Does a Review Differ from an Audit?1392 Words   |  6 PagesWhitney never issued an audit opinion on financial statements of ZZZZ Best but did issue a review report on the company’s quarterly statements for the three months ended July 31, 1986. How does a review differ from an audit, particularly in terms of the level of assurance implied by the auditor’s report? While both a review and an audit are attestation services provided by CPAs. A review and an audit differ in that a review does not offer the level of assurance that an audit does, auditors do not

Ways in Which the Culture Influences the International...

1. Introduction International marketing or business is uniquely different from the local market because the product price, place and promotion is vastly different from what is been offered to local customers (Johansson, 2000) With the emergence of the information technology, cross border marketing has never been a distant dream. However, it has never been easier even for giant multinational companies to face challenges that come in international business. The biggest challenge comes from the culture which varies from country to country. At its basic understanding, international marketing engages the firm in making one or more marketing mix decisions across national boundaries. At its complex level, it involves the firm in establishing†¦show more content†¦Similarly, in any country whether they are Muslim or non-Muslim state, when there are Muslim in the community they have to cater with halal certified meet as well chicken. Therefore, this cultural factor has major influence on KFC, McDonalds, as well as Pizza Hut or for that matter all companies who are involved in restaurant and food sector. Hotel chains in Saudi Arabia are been influenced by the culture of the society and the country. For instance, Hilton hotel chains in Saudi Arabia and close to the Mecca and Medina serves mostly to pilgrims rather than the tourist. Hence all activities in Hilton chain needs to be catered to religious cultural activities (Fallon, 2010). 2. Adaptation and standardization It was in the Fordism era in the early 19th century where standardization was the most widely used strategy across the industrialized countries (Johansson, 2000). Henry Ford when he manufactured Ford Car, the company produced only black Ford. Standardization refers a company providing the same identical product across the globe (Keegon, 2002). Most of the time they are considered to be global brands (Johanson, 2000). Some of the example that could be considered global brands is Coca Cola, McDonalds or Amazon. However, they too have some degree of adaptation in taste or price when it comes to marketing in a different market. According to Carl Ritzer (2007) in its journal on Mcdonaldization of society, he found out that in theShow MoreRelatedPolitical Factors That Affect International Business1020 Words   |  5 Pagesin overseas markets there is often a risk, the risk is referred to as political environment risk, and these factors can facilitate or hinder business operation. Some of the political factors that affect international business include† (Justin Ervin. Zachary Smith A.2008). One significant political environmental factor that influences international business operation is trade agreements. Countries frequently enter into trade treaties to further facilitate trade between themselves. Case in pointRead MoreThe Influences of Globalization Essay1397 Words   |  6 Pages The influences of globalization can be felt in every city around the world. Technology has enabled individuals as well as organizations the ability to immerse themselves into another culture virtually at the speed of light. Understanding of different societies and cultures has become one of the leading processes of business. Primarily there has been a greater focus on understanding the various cultures because of its ability to affect business on a global scale. Nevertheless, organization suchRead MoreMulticultural Considerations in Business880 Words   |  3 PagesMulticultural Considerations in Business There are many different impacts that culture has on the way business is conducted; cultural systems of values and beliefs lead to specific interpretations of events and interactions, and different demands and expectations for business relationships often exist for individuals from different cultural backgrounds. Engaging in international and multicultural business requires a level of understanding and awareness of specific cultural issues that might ariseRead MoreTheory of Values: Crossvergence930 Words   |  4 PagesIntroduction Cross cultural studies has great impact especially to business managers. National culture or core culture that developed the individual before it is influenced by other factors in the environment and society is subject to change depending on how strong the influences would be. However for the individual to fit in, they have to embrace the new found culture or a new culture might have evolved combining the core values and the current society’s value. Literature Review In KelleyRead MoreCultural Crossvergence931 Words   |  4 PagesIntroduction Cross cultural studies has great impact especially to business managers. National culture or core culture that developed the individual before it is influenced by other factors in the environment and society is subject to change depending on how strong the influences would be. However for the individual to fit in, they have to embrace the new found culture or a new culture might have evolved combining the core values and the current society’s value. Literature Review In KelleyRead MoreThe Issue Of Language Boundaries838 Words   |  4 Pageswhen everybody enter to new culture. Everybody need struggle to communicate what they want to get necessary information regarding new culture. The findings suggest that the language barrier generates negative emotional. There are so many differences like Body languages, eating food, Cloths wearing, communication. This paper describes the most well known and accepted new cultural with international language. These theories consider relations between new people And new culture. Introduction The pointsRead MoreCultural Differences Of Business Practices1625 Words   |  7 PagesWith increasing economic globalization recently, there are more opportunities for business but yet brings some challenges because stakeholders become more geographical diverse and the market is bigger than before. Companies are also facing cultural differences when they enter into different countries. Culture is an important part of human society composing of knowledge, beliefs, art, morals, laws and other habits. Cultural differences are the variations in what people have, think and behave betweenRead MoreMarketing Principles Of International Marketing1391 Words   |  6 Pagesplenty of international marketing principles and knew that international environments are quite different from countries to countries. Each market you enter is different, and what works in one country or region will not work in another. As technology creates leaps in communication and transportation, the world continues to feel smaller and smaller. It is not that hard for companies and consumers to conduct business in almost any country around the world thanks to advances in international trade, andRead MoreInfluence Of Religion On International Trade Essay1394 Words   |  6 PagesIntroduction Today’s world economy is changing drastically and as a result trade between countries is emerging. International business is constantly growing. Culture has proven to have a huge influence on trade. Religion can be defined as a system of shared beliefs and rituals that are concerned with the realm of the sacred. Religion is a system that guides people’s behaviors and influence them in the way they interact with other people and the world. Religion is one important source of a society s beliefsRead MoreThe International Business Negotiations Influenced By Chinese And American Cultures And Differences743 Words   |  3 Pages Discussion on the international business negotiations influenced by Chinese and American cultures and differences Jialin Zhao CMN6060 Professor Stephen Novick October 26, 2016 Abstract Cultural negotiations are business negotiations with different cultural conditions. Under the background of economic globalization and international economic integration, the business ties between countries are becoming more and more closely. In order to avoid cultural conflicts, it is important to understand

Junior High Essay Example For Students

Junior High Essay As my parents drove me away from 8th grade graduation I always felt that High school would relinquish all the drama that I went through in Junior High. Well here I am, entering my junior year and getting over the stress of making the Varsity volleyball team. Just when I thought that I was starting off on the right foot, I turn around and the only foot that I feel is the one kicking me in the gut courtesy of my best friends. The school bell rings like its the end of an unexpected first round snapping us both back to reality. As we separate and go to our first period classes I feel as though I took one below the belt. I need help, I need a referee. Now, as I cautiously sit in the counselors office thinking to myself, Am I just going to make matters worse with my friends? Can the whispers among the upper classmen possibly be true? There is this disease that is talked about, it comes around a couple times in your life and I barely escaped its wrath in Junior High. Well now its back to claim any sanity that I had left for this year. The disease if youre wondering, is known as Pre-graduation Separation a type of deep emotional growing pain. The first attack showed up leaving my heart in a state of numbness, as though it was being held captive in shackles of cold steel. Like a piranhas insatiable appetite slowly picking away at its preys flesh so does the disease eat away at the core of ones friendship. Then the once polite conversations are followed by meaningless confrontations. Its as if the disease grows with each encounter, slowly breaking down all immunity within that friendship. Next, by attacking your mouth the disease makes your tongue a weapon of mass destruction, disabling you from taking back the words of poison that now flow through the veins. Intervention at this time will not work and the disease grows stronger as the friendship weakens and breaks down. The school bell rings again and round three is finally over, I can relish in only a short break from all this unnecessary banter. Lunch does not come as quickly today, my feeling or need for interaction with my peers is an overwhelming emotion. The disease at this point has taken all energy from me, only subsistence will strengthen me. The sound of the school bell beckons me into another round of overwrought emotions, while wanting the day to end my strides become slow and cautious. The halls begin to look longer, moving away from the intended destination. Breathing becomes difficult as the cold tiled ground swallows up the steps that are necessary to fight off the disease, pulling the core into uncertainty. Just as the disease grabs hold you lose all sense of humanity that the body might have. However, as you turn around its not a foot you see but a hand, lifting you up. And with that the necessary words needed to wipe out the disease completely comes in the form of forgiveness. The friendship so dearly cherished has once again beaten down the Pre-graduation Separation disease. I will build up an immunity to this disease, along with others, but time will ultimately be the deciding factor for all.

Marriott International Hotel Groups and environment

Introduction As the world continues to modernize, the environment suffers. Trees are cut down to give way for the latest commercial and/ or residential areas. The results of deforestation have been deadly over the last decades were floods and landslides brought about disasters in the homes of thousands of families. Campaigns that promote the restoration and preservation of the environment have risen over the years.Advertising We will write a custom case study sample on Marriott International Hotel Group’s and environment specifically for you for only $16.05 $11/page Learn More Different organizations have supported such through their corporate social responsibility programs but there are some that go a step further. This paper will examine Marriott International Hotel Group’s efforts in sustaining the environment. The individual operation of a hotel will be the focus of this paper because by studying the activities of Marriott in their camp aign to go green the hotel chain’s strategies implemented can be a learning lesson for someone who is in the hospitality and tourism industry. Marriott International has won several awards in terms of their environmental sustainability programs over the past decades. The JW Marriott in Indianapolis has been awarded the Emerging Green Award which was presented by the Professional Convention Management Association (PCMA) last November 9, 2011 at the Washington Hilton Hotel (JW Marriott Indianapolis Wins Green Award, 2011). â€Å"To be considered for the award, the hotel had to document all steps taken to lessen its environmental impact such as buying and using environmentally friendly products, having ongoing training in environmental policies and practices and encouraging the use of low-impact transportation for guests and employees† (JW Marriott Indianapolis Wins Green Award, 2011). Challenges There are a few challenges in environmental sustainability programs especial ly in the hospitality and tourism industry. In order to build hotels, trees are cut down as they are being used to build facilities. Sometimes deforestation occurs to give way for hotels and country clubs to be built on. It is a challenge for hotel engineers and architects to lessen the cutting down of trees in building facilities. Another challenge in the hotel industry with regards to environmental sustainability campaigns is the monitoring of power, gas and water usages. The hotel management can discipline and monitor the consumption of electricity, gas and water of hotel staff but it is very difficult for them to monitor the usages of hotel guests.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More The management can only put notes in hotel rooms to inform guests of conserving resources but they cannot impose such on the latter thus it is difficult to monitor the consumption of natura l resources. Lastly, the challenge of reusing and recycling materials to prevent environmental harm and wastage has been a constant obstacle for any company in any given industry. In the hospitality sector, it is a challenge to reuse and recycle materials because guests and customers may complain about unsanitary practices which may harm the branding of the hotel but it is essential to note that as long as procedures are followed through management can push through with their environmental campaigns. Opportunities Opportunities for growth are endless especially in terms of environmental sustainability in the hospitality industry. For Marriott international, opportunities can be seen in the constant development and expansion of the company’s corporate social responsibility sector. Over the years the company has hosted programs such as their rainforest preservation program and the green buildings program (Sustainability Report, 2009). Marriott has set out goals to further impro ve its participation in preserving the environment. These goals include the reduction of energy and water consumption by 25% per room by 2012, expansion of the green hotel development in 5 years time, conversion of Marriott’s $10 billion supply chain to green, educate and inspire not only associates but also guests to support environmental programs and address environmental obstacles through innovative conservation initiatives like the rainforest protection and water conservation (Sustainability Report, 2009). Trends Jonas Lang LaSalle predicted that by 2012 there would be 4 environmental sustainability trends that would persist. These trends would shape the sustainable development movement are transparency, global consistency, public/ private collaboration and focus on solar energy (Four Sustainability Trends to Watch in 2012, 2012). Transparency includes measurement and disclosure of information relating to sustainability such as energy consumption and carbon emission.Adver tising We will write a custom case study sample on Marriott International Hotel Group’s and environment specifically for you for only $16.05 $11/page Learn More â€Å"In 2011, more than 3,000 companies, including 404 Global 500 firms, voluntarily reported their carbon emissions, water management and climate change policies to Carbon Disclosure Project in 2011, perhaps swayed by CDP’s 551 investor members, who use the information in deciding where to place more than $71 trillion in investment capital† (Four Sustainability Trends to Watch in 2012, 2012). Global consistency includes the development and standardization of a framework in understanding the effectiveness of environmental sustainability strategies adopted and implemented by different firms globally. â€Å"Consistent measurement is important to corporations as they focus on sustainability not only in their own operations but, increasingly, throughout their supply chain as w ell† (Four Sustainability Trends to Watch in 2012, 2012). The collaboration of the public and private sector is an expected trend in 2012 and for future years to come. In the past year, 2011, we have seen both government and business organizations collaborate in sharing and realizing their green goals. It is in theses collaborative initiatives that obstacles to sustainability are best overcame for both agencies possess their own strengths which may be beneficial in the collaboration. Lastly focus on solar energy will be the last perceived trend in 2012. Jones Lang LaSalle predicts that by 2012 solar powered devices will take over the market. These devices will affect supply and demand economics paving way to technological advancements and organizations will take advantage of this innovation by creating incentives. Global Perspective: Hospitality Industry Going Green In 1996, the World Travel and Tourism Council together with the World Tourism Organization and the Earth Council developed the global environmental certification program for the hospitality and tourism industry. This program identifies environmental sustainability issues that threaten the economy as well as the ecological balance of the community. It presents recommendations and strategies on how to transition to more sustainable development practices. Environmental friendly practices are encouraged by hotel companies. They are â€Å"embracing sustainability practices through all their developmental and operational strategies†.Advertising Looking for case study on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More It is a trend in the hotel industry to go environmentally friendly thus initiatives such as educational programs, reforestation programs, eco-resorts, energy efficient practices and developmental projects that build infrastructures that comply with environmental friendly standards enable the hotel industry to adopt practices that are related to sustainability more conveniently. â€Å"Over the last decade, the movement towards ecologically sound tourism has swept across the globe; and the practices being implemented are as diverse as the different geographies. Hotel companies are being prompted by rising energy costs, government pressure, consumer expectations and the competitive landscape to increasingly make sustainability a top priority† (Hospitality Going Green, 2009). Ten Eco-Friendly Hospitality Companies Below is a list of the top 10 eco-friendly hospitality companies with their corresponding platforms with regards to eco-friendly practices and environmental conservatio n and sustainability programs (Environmental Mission Statements: A List of Hotel Sustainability Policies, 2010). Kimpton Hotels Restaurant Group – The company has an environmental program called Eathcare where every hotel and restaurant adopts environmental friendly products at the same time they religiously practice recycling among its chains. – Corporate Philanthropy. Ritz-Carlton Hotel Company – The company has created the Ritz-Carlton Environmental Action Conservation Teams (REACT) to deliver its objective in conserving the environment. The team is responsible for implementing eco-friendly practices to minimize environmental imprint of the hotel chain. REACT primarily works on projects aimed to restore native plants, protect endangered species and clean beaches and roadsides. – Corporate Philanthropy. Intercontinental Hotel Group – They created a program called Green Engaged where their objective is to reduce energy, water and waste, cutting carbon emissions, and raising guest and staff awareness of sustainable issues. They have partnered with National Geographic in educating people on environmental issues. –Corporate Philanthropy. Fairmount Hotels and Resorts – Created the Green Partnership Program which minimizes â€Å"property operational impacts on the environment through resource conservation and best practices†. – Corporate Philanthropy. Marriott International, Inc. – The hotel chain’s environmental goals are to decrease water and energy consumption by 25% per room by 2017, create green construction standards for hotel developers, educate partners, staff and guests about environmental issues and invest in conservation initiates such as the rainforest protection and water conservation. Corporate Philanthropy. Omni Hotels and Resorts – The company is heavily practicing recycling, conserves energy by promoting hybrid and other energy efficient technologies, utilize eco -friendly products, reduce carbon footprints, create green roofs and plant more trees and water supplies. Corporate Philanthropy. Starwood Hotels and Resorts Worldwide, Inc. – The company has created an environmental sustainability policy aimed at conserving natural resources, minimizing waste and pollution, enhancing indoor environmental quality, establishing and reporting on key environmental performance indicators and educating associates, guests and communities on environmental issues. Corporate Philanthropy. Wyndham Worldwide Corporation – They created a program called Wyndham Green where they aim to develop environmental programs, products and services, set and measure environmental impact targets, and comply with climate policies and environmental laws. Corporate Philanthropy. McDonald’s – The fast food chain aims to help the environment improving waste management and sustainable packaging, conserving energy and having green restaurant designs. â⠂¬â€œ Corporate Philanthropy. Lifetime Gym – The gym’s sustainability initiatives involve sustainable carpeting, designing a green building, energy and water conservation, recycling and promoting the use of environmental friendly products and services. – Corporate Philanthropy. Marriott Environmental Campaign Marriott Hotels International has been one of most active hotel organizations in terms of the preservation of the environment. The company pays attention to the quality and services its managements provides. It pays much attention to sourcing locally grown products and encourages its associates, staff and guests to minimize their impact on the environment by conserving energy, gas and water. Marriott Hotels International promotes among its staff and guests the proper way of disposing garbage, conserving energy and traveling and/ or working in the most environmental friendly way an individual can. Among Marriott’s eco-friendly programs include  "Marriott’s linen and towel reuse program which aims to conserve water and energy and minimize the release of detergent chemicals to the environment. The environment is an everyday consideration at Marriott, say staff, returning a positive green score of 81% on this point in our employee survey. They say the green credentials of the organization influenced their decision to work here (50%, and a top 15 ranking) and acknowledge that it is younger colleagues who are driving environmental change (62%, with just seven firms scoring better). Marriott’s eco-friendly practices include providing eco pillows, recyclable key cards and coreless toilet rolls, and producing up to 20% of its own electricity† (Best Green Companies, 2011). In March 2010, another Marriott branch in Portsmouth launched its latest recycling scheme where the hotel aims to recycle 98% of wastes produced (Portsmouth: Marriott recycles 98% of waste, 2010). The hotel has collaborated with local recyclin g experts such as ACM Waste Management plc and PDM Group to make such program a success. In this recycling scheme all the hotel’s waste food products will be recycled. This program is first implemented in Portsmouth but will soon be adopted by other hotel branches. Aside from this new recycling program, Marriott has implemented other processes in recycling. This included the placing of recycling bins in guest rooms and meeting rooms. All hotel staffs are trained to separate biodegradable and non-biodegradable wastes ((Portsmouth: Marriott recycles 98% of waste, 2010). Marriott’s Environmentally Conscious Hospitality Operations program is the hotel chain’s sustainability plan where it focuses on the conservation of water and energy, activities concerning clean air, recycling, wildlife preservation and cleaning up neighborhoods. â€Å"Through this program, it replaced 450,000 incandescent light bulbs with fluorescent lighting, introduced linen re-use systems, and installed 400,000 low-flow showerheads and toilets at its hotels worldwide. Marriott has also reduced water usage by more than 15% over the last five years through the said program† (Marriott International Inc, USA and Global Tourism Business Award Winner, 2009). Marriott Hotel International commits to ensure that business activities and practices of the company will be properly managed so as to have minimal impact on the environment. The company guarantees that the operations of the hotel chain will comply with all statutory regulations concerning the environment. Marriott’s environmental action plan for 2010 includes the increase of recycling practices to reduce wastages, the improvement of energy management systems and awareness to reduce the consumption of power and gas, the installation of flow reducing devices to reduce water consumption, the investment of compact fluorescent lamps and replacement of existing Dichronic Halogen lamps to reduce energy consumption a nd the establishment of a green team to help implement energy saving initiatives (http://www.marriott.com/hotelwebsites/us/l/lgwgs/lgwgs_pdf/Environmental%20Policy-2010.pdf). In its use of technology Marriott was named â€Å"Top 12 Green IT Companies by the Computer World magazine in 2009 (Marriott Wins Big Reward by Going Hi-Tech and Low Energy, 2009). â€Å"Marriott developed an underground data center to take advantage of a naturally cool environment to reduce power consumption in the IT arena. The company also uses server virtualization and desktop power management policies. Additionally, so far Marriott has recycled more than 28,761 IT assets, diverting 629,408 pounds of waste from landfills, according to the release† (Marriott Hotel Industry Continue Green Push, 2009). Marriott has also stopped its automatic newspaper drop program to guests’ bedroom but instead the management asks guests which newspaper they wish to read during their stay. The hotel chain also o ffers its guests the option to support their green stay program where an additional $1 a day will be billed to hotel guests (Marriott Hotel Industry Continue Green Push, 2009). The hotel chain also expressed its plans to expand their green hotels program by 1000% in November 2009. This program includes the revamping of Marriott’s hotels to environmental friendly designs (Marriott Plans to Expand Green Hotels by 1000%, 2009). Marriott Hotel International also adopted a smoke-free hotel policy where it provides its guests a smoke free environment. â€Å"The smoke-free hotel policy has received praise from guests, and Marriott remains committed to achieving a smoke-free environment in all of its properties in the U.S. and Canada. The continuing efforts of these properties to comply with the smoke-free policy reinforce Marriott’s commitment to being an environmentally friendly company† (The Marriott Smoke-free Hotel Policy, 2012). Marriott Hotel International has be en actively involved in the preservation of the environment. The hotel chain has trained its associates and staff of eco-friendly practices to adopt in proving services to clients and guests. Staffs are trained to conserve energy, gas and water. They are also educated in separating wastages from biodegradable to non-biodegradable. Hotel staffs are well aware of practices which may benefit the environment thus the success of Marriott not only lies with their environmentally aware manpower but also in their constant innovative programs and strategies to minimize the hotel chain’s impact on the environment. The corporate social responsibility team of Marriott International Hotel has been actively participating in the conservation of the ecosystem. Marriott has been developing programs such as the reusing of linens and towels by guests to conserve electricity from washing them as well as water. This program also minimizes the use of detergents to flush out in the environment. Asi de from training and educating its staffs and associates, Marriott also holds programs where it helps in reviving rainforests especially in Brazil. The company has contributed so much in terms of saving the environment. It has also started renovating existing hotels with a new environmentally friendly â€Å"green† design. Conclusion Environmental sustainability is very important especially in the hospitality and tourism industry because we are marketing sceneries for guests to relax. With the destruction of the environment, traveling will be a hassle especially with the constant change of weathers. Hotels in the tropics especially those located near beaches would always suffer from tsunamis. On the other hand hotels located in areas where forests have been victimized by illegal logging and deforestation would constantly suffer from flash floods and landslides. It is important to sustain our environment to preserve the eco-system. As someone who is part of the hotel and touris m business, I have observed that the weather and climate as well as the environment play important roles in marketing and packaging hotels and vacations. Clients want to visit places that are beautiful. Most people whether they are staying in a hotel for vacation or for business prefer the ambiance of nature. Whether they are surrounded by trees or the ocean, it is a big and major factor where hotels are located. It is important to preserve the environment for it affects all industries. In the hospitality and tourism industry the environment plays a big role in the planning and decision making of customers and guests. It is important that each company must be aware of environmental issues and address them through simple deeds such as the conservation of power, water and gas. Employees must be trained to conserve resources and practice proper waste disposal. It is also important that companies constantly improve corporate social responsibility programs to further adapt to changes in the environment and address issues through CSR programs. Marriott International Hotel is a great example of a hotel chain with a solid environmental sustainability program. Reference List Best Green Companies. (2011). Retrieved from http://bestgreencompanies.thesundaytimes.co.uk/5/profile/307/Marriott-Hotels-International/ Environmental Mission Statements: A List of Hotel Sustainability Policies. (2010). Retrieved from http://www.environmentalleader.com/2010/03/18/environmental-mission-statements-a-list-of-hotel-sustainability-policies/ Four Sustainability Trends to Watch in 2012. (2012). Retrieved from http://www.htrends.com/trends-detail-sid-60391-t-Four_Sustainability_Trends_to_Watch_in_____.html Hospitality Going Green. (2009). Retrieve from http://www.irei.com/uploads/marketresearch/128/marketResearchFile/hospitality_insights_DF0052.pdf JW Marriott Indianapolis Wins Green Award. (2011). Retrieved from http://www.prnewswire.com/news-releases/jw-marriott-indianapolis-wins-green-a ward-135446153.html Marriott Hotel Industry Continue Green Push. (2009). Retrieved from http://www.environmentalleader.com/2009/04/27/marriott-hotel-industry-continue-green-push/ Marriott International Inc, USA and Global Tourism Business Award Winner. (2009). Retrieved from http://www.besteducationnetwork.org/case_studies/pdf/Marriott%20International%20Inc%20USA.pdf Marriott Plans to Expand Green Hotels by 1000%. (2009). Retrieved from http://www.environmentalleader.com/2009/11/11/marriott-plans-to-expand-green-hotels-by-1000/ Marriott Wins Big Reward by Going Hi-Tech and Low Energy. (2009). Retrieved from http://www.hoteltechresource.com/article38330.html Portsmouth: Marriott recycles 98% of waste. (2010) Retrieved from http://www.businessmag.co.uk/News/Hospitality/Portsmouth–Marriott-recycles-98–of-waste.aspx Sustainability Report. (2009). Retrieved from http://www.marriott.com/Images/Text%20Images/US/MarriottSocialResponsibilityandCommunityEngagement.pdf The Marrio tt Smoke-free Hotel Policy. (2012). Retrieved from http://www.marriott.com/marriott.mi?page=smokefree This case study on Marriott International Hotel Group’s and environment was written and submitted by user Darkstar to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Aust studies essays

Aust studies essays Since 1988 Australia has changed quite a bit, one would hope it was for the better and it looks that way. As Australians we have become more health conscious and we have stopped being ashamed of our multiculturalism. There are three domains where change can be noticed the most. These are: Environment, Culture and Social systems. In each of these domains over the past twelve years Australia has become more diverse in culture, richer in Environment and more giving and learned in Social systems. From the mid twentieth century Australia has been a nation of people who flock to the beach on the weekends as a ritual. Everyone eagerly awaited the arrival of a radio stations car or truck to spray them in cooking oil so they could roast on the beach (quite literally). twelve Years on we have discovered such actions result in less than desirable outcomes and no longer do we wait for the car to spray us with cooking oil but to give us packets of sunscreen. We have made this step forward collectively so that our horrendous rate of death from skin cancer will hopefully drop. Although its like denuding us of our stereotypical "no worries" attitude to life now, we have to worry about our health before our fun and social life. In the pre nineteen eighties almost every suburban Australian household had an English garden, with roses and hedges and anything English they could find. This was most probably a reminder of the earlier times when it was hand on heart and all love the monarchy. Unfortunately this is now a phenomenon that has plagued Australia for far too long. However this trend is dieting thankfully to the republican movement and the gardeners who believe that replanting Australia in it natural species of flora is the best way of going to get back our rugged "outback" feel and get our natural fauna eating our own food and not some English or introduced species. We are slowly but surely getting into the new beat tha ...

Free Essays on Mitchell Difficulty Paper

Difficulty Paper – Mitchell After reading W.J.T. Mitchell’s essay, The Photographic Essay: Four Case Studies, I found many ideas difficult to understand. The essay revolved around how photographs can be presented with and without an accompanying text and how these two rudiments relate to each other. Throughout the text, Mitchell is trying to show that â€Å"photography is and is not a language, and that retrospectively, language is and is not photography† (Mitchell 522). The entire understanding of a photograph and its accompanying text is a difficult relationship to understand. The relationship is described as â€Å"a principal site of struggle for value and power in contemporary representations of reality† (Mitchell 522). Mitchell uses multiple quotations to try to back up his point. He also uses difficult language throughout the essay. With a combination of a difficult topic, multiple quotations, and difficult language, I found this essay difficult to read. The entire topic of photographs and its relation to text is a difficult undertaking. Mitchell assumed that we as the reader understood the components of art in photography. By not explaining this, the reader has no understanding of photography or any of the elements about it. Mitchell’s explanation of the relationship between photographs and text completely lost the reader. Another area for concern with Mitchell’s essay is that he talks about four very different essays, but does not prove a point. All he does is give a basic summary of what was stated. By not explaining the importance of the different ideas from each essay, the reader has no point in knowing about each of these independent essays. Mitchell wrote his essay based on four other essays, but did not clearly give a good enough background for the reader to form their own conclusion. Mitchell leaves much of the understanding of this topic to personal interpretation, which is impossible to do witho... Free Essays on Mitchell Difficulty Paper Free Essays on Mitchell Difficulty Paper Difficulty Paper – Mitchell After reading W.J.T. Mitchell’s essay, The Photographic Essay: Four Case Studies, I found many ideas difficult to understand. The essay revolved around how photographs can be presented with and without an accompanying text and how these two rudiments relate to each other. Throughout the text, Mitchell is trying to show that â€Å"photography is and is not a language, and that retrospectively, language is and is not photography† (Mitchell 522). The entire understanding of a photograph and its accompanying text is a difficult relationship to understand. The relationship is described as â€Å"a principal site of struggle for value and power in contemporary representations of reality† (Mitchell 522). Mitchell uses multiple quotations to try to back up his point. He also uses difficult language throughout the essay. With a combination of a difficult topic, multiple quotations, and difficult language, I found this essay difficult to read. The entire topic of photographs and its relation to text is a difficult undertaking. Mitchell assumed that we as the reader understood the components of art in photography. By not explaining this, the reader has no understanding of photography or any of the elements about it. Mitchell’s explanation of the relationship between photographs and text completely lost the reader. Another area for concern with Mitchell’s essay is that he talks about four very different essays, but does not prove a point. All he does is give a basic summary of what was stated. By not explaining the importance of the different ideas from each essay, the reader has no point in knowing about each of these independent essays. Mitchell wrote his essay based on four other essays, but did not clearly give a good enough background for the reader to form their own conclusion. Mitchell leaves much of the understanding of this topic to personal interpretation, which is impossible to do witho...

Was it the suffragette movement, or the changes brought about by the Essay

Was it the suffragette movement, or the changes brought about by the great war, that enabled women to get the vote in 1918 - Essay Example So, some believe that the World War I is the major reason for women suffrage and few others believe that the suffrage movements played the key role. The suffrage movement in itself represents a broad range of protests and social movements and had people of both gender with varying views. For instance, Emmeline Pankhurst, who led the Women’s Social and Political Union in 1903, was one of the leaders of suffrage movement and an English political activist and was so militant in the approach. There were diverse views about the â€Å"woman’s place† the different groups fought for. Some of them strongly felt that women were naturally kind and weak, and that these qualities may contribute towards political agenda and policies that have a great bearing on household, children and other social safety. They felt that they might have a civilizing effect on political affairs; for example, laws regarding alcohol or child safety, can be best supported and decided by women. A few others voiced for suffrage based on their strong belief in equal rights and woman’s role. They were against any discourse that listed any n atural role for women, rather supported the idea that men and women are equal and capable of same things. While such groups were led by their ideologies about women, other supporters of suffrage were guided by the opinion that all adults have franchise irrespective of class, gender or race. A significant section felt that women suffrage can cancel the votes of men belonging to lower class or non-white race. Each political activist group working towards women suffrage had its own ideology but working towards the same end. Suffrage basically revolved around the idea of human rights and equality. The history of suffrage movement goes back to 1800’s when, the first women’s rights meeting was held in Unites States and this was followed by the rising egalitarian or democratic spirit among women. However, it was the Nineteenth Amendment that

Lighting for households Essay Example | Topics and Well Written Essays - 500 words

Lighting for households - Essay Example Some like the roof windows act as a means of ventilation, these are relatively cheap to buy and easy to install. Electrical fittings can also be used to provide additional light at night. Instead of using bulbs with a high watt, more bulbs should be used to give an even spread of light. It would be better if the bulbs were changed from a single pendant to fitting one with multiple arms. Table and wall lights should also be installed to provide light and illuminate dark areas. Table, wall and floor should also be installed to improve the quality of light at night. The houses should have white ceilings and light or white walls as this will make the room appear brighter due to reflection of light around the room (Trade Lighting Company, 2014). Illuminating the ceiling and the top half of the room will make the room appear brighter. The fireplace can be used at night to provide additional light as well as heat. Quality of light that gets into households can be improved by doing the simplest and most inexpensive of things, therefore, it is recommended that; curtains should be secured and tied back from the windows to prevent obstruction of the sunlight (Almeida, Bertoldi, and Ricci, 87). Secondly, curtains that blocks light should be avoided since that translates to less light in the room and thus poor lighting. Net curtains should also be avoided since they block the light instead, shades should be fitted The shades and fittings used on the windows greatly influence the amount of light that goes into the house, therefore, they ought to use shades and fitting that will allow and direct light into the house. Ultimate concern should be considered to ensure that the shades do not shield light, but they prevent glare (Almeida, Bertoldi, and Ricci, 90). In addition to this, the windowsills should be white rather than using dark colors since white reflects the light unlike other darker

Issues, concerns, and challenges in environmental adjucation in the philippine court system Essay Example for Free

Issues, concerns, and challenges in environmental adjucation in the philippine court system Essay Introduction The court system is an integral part of environmental enforcement in the Philippines and has made many important contributions to the field. However, environmental cases do not always progress smoothly through the judicial system. This paper is intended to identify important legal issues in the judicial system that affect or limit environmental adjudication. 2 The issues are divided between access to and competency of justice, and legal procedures. While many of these issues could be analyzed further, this paper will highlight the ones to which attention should be paid in any more comprehensive study of Philippine environmental case law. 3 This paper will also use examples and case studies from the United States to illustrate important legal points, since the U. S. and Philippines have similar legal systems. II. Issues A. Legal Procedure and Rules of the Court Because of their unique and complex nature, environmental cases are sometimes hindered by legal mechanisms and rules of procedure designed for non-environmental cases. These include rules on standing and class action suits that often do not take into account the fact that environmental damage impacts all citizens. Furthermore, the nature and science of environmental violations often means that statutes of limitations, evidentiary rules, and burdens of proof are not suitable. Some of these issues can be handled internally by the judicial system by instructing lower courts to apply rules liberally. The impact of all of these issues, and how many actually present problems for plaintiffs, is crucial. 1. Standing of Plaintiffs and Citizens Suits In environmental cases, a plaintiff may not necessarily be legally injured in the traditional sense by an act of environ-mental destruction to impair his livelihood. For example, plaintiffs cannot recover damages for fish killed by pollution because they lack standing, despite the obvious economic loss they suffered. 4 While the destruction of natural aesthetic beauty is a moral outrage that indirectly harms all citizens, under traditional legal standing person no would have standing to sue. 5 Furthermore, environmental laws are designed to prevent catastrophic harm that is often not imminent or contained to one geographic area, as opposed to the narrow, immediate harms that provide the basis of most standing requirements. 6 Strict rulings on standing could stifle environmental enforcement, especially since the Philippines lacks sufficient enforcement capacity and personnel. The Philippine Supreme Court has held that standing requires: Such personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court depends for illumination of difficult constitutional questions. 7 The plaintiff himself must have some cognizable and redressable injury. Litigating for a general public interest, or â€Å"mere invocation†¦ of [plaintiff’s] duty to preserve the rule of law†¦ is not sufficient to clothe it with standing†¦. †8 However, the standing requirement is considered a technicality that courts may waive if the case concerns a â€Å"paramount public interest. †9 In its dictum in Oposa v. Factorum, the Court said that children might even have intergenerational standing to sue to prevent the destruction of forests for future generations. 10 There are questions as to the strength of these to reduce the standing threshold for environmental plaintiffs. While courts may waive technical standing provisions when a case deals with a paramount public interest, it is not required to do so. 11 Furthermore, judges may reasonably differ on what constitutes a â€Å"paramount public interest† since there is no overriding theme o define it. For example, in Kilosbayan, the Court found that determining the legality of an online lottery system fell within this definition, whereas in Integrated Bar, it held that determining whether deploying marines for crime deterrence violates the Constitution does not. 12 The Court did reduce some of this ambiguity in Oposa by declaring that the right to a balanced and healthful ecology concerns nothing less than self-preservation and self-perpetuation, presumably a â€Å"paramount public interest. †13 However, because the Court’s discussion on standing in Oposa was dictum, neither this claim nor the right to intergenerational standing is binding law upon the lower courts. 14 Without further guidance from the Court, it is likely that many lower court judges would be reluctant to act boldly by declaring that a particular issue is a â€Å"paramount public interest† and would deny standing. Congress tried to reduce the standing threshold with citizen suit provisions in environmental statutes, but these have been of limited use thus far. First, only the Philippine Clean Air and Ecological Solid Waste Management Acts contain citizen suit provisions;15 notably, the Philippine Clean Water Act, enacted after these two laws, does not. 16 Second, citizens still bear the risk of paying a winning defendant’s attorney’s fees, which could be costly enough to discourage even valid suits. Most importantly, these suits are still subject to the â€Å"actual controversy† requirement of the Constitution. 17 What this means in the context of citizen suits has not yet been heavily litigated in the Philippines. However, lower court judges often require plaintiffs to show actual injury in the narrow or traditional legal sense. 18 Likewise, when prosecutors deputize citizens to enforce a suit, judges sometimes insist that such deputization is only valid for a single case or even invalid under the Rules of the Court. 19 As a result, citizens suit provisions have been largely unused. 20 Standing under environmental laws is hotly contested in the U. S. 21 The U. S. has put citizens’ suit provisions into almost all of its environmental laws. 22 Plaintiffs are required to show 1) an injury in fact, 2) causation between the injury and the defendant’s actions, and 3) redressability in court. 23 NGOs can sue upon a showing that any of their members would have had standing to sue. 24 The focus is not on the injury to the environment, but rather the injury to the plaintiff or NGO representing him. However, the injury can be economic or non-pecuniary, including aesthetic or recreational value. 25 The Court also held that civil penalties payable to the U. S. Treasury serve as redress as they deter polluters. 26 Causation is often the more difficult element to prove, which will be discussed below in  § 4. In New Zealand, the Environment Court has taken a more radical approach. It has eliminated formal standing provisions, requiring only that a plaintiff have a greater interest than the public generally in a controversy or that he represents a relevant public interest. 27 This makes citizen enforcement very easy. However, one might also be concerned about whether this would overburden the court; granting standing is a fine balance between permitting valid environmental claims and risking frivolous litigation. 2. Class Actions and Large Number of Plaintiffs As the notorious mudslide at Ormoc in 1991 and Marcopper mine tailings in Marinduque show, injuries from environmental damage can be grave, costly, and affect a huge number of persons. 28 Even in less publicized events, the number of injured persons may often make individual litigation burdensome and complex. Furthermore, some members of an injured class may be too poor to prosecute their claims individually. Class action suits can facilitate litigation of such situations by providing for: [T]he protection of the defendant from inconsistent obligations, the protection of the interests of absentees, the provision of a convenient and economical means for disposing of similar lawsuits, and the facilitation of the spreading of litigation costs among numerous litigants with similar claims. 29 Other studies have shown that class action suits can provide important social benefits and encourage citizen enforcement to supplement agency regulation. 30 Class actions may the discourage attorney disloyalty that encourages lawyers to plea bargain for less than the actual injury. As happened in the Chinese poachers case in Palawan, lawyers or prosecutors may not seek full compensation for the damage caused because they have an incentive to expend less time and money on a small case. 31 However, because class actions provide aggregate incentives for lawyers, and fees and settlements undergo higher judicial scrutiny, such â€Å"disloyal† settlements are less likely to occur. 32 While the Philippine Rules of the Court provide for class action suits,33 judges will sometimes be reluctant to certify classes and instead treat the injuries of plaintiffs as separate, despite any common questions of law or fact. In Newsweek, Inc. v. IAC, the Supreme Court ruled that a defamatory remark directed at 8,500 sugar planters do not necessarily apply to every individual in a group, and therefore are not actionable as a class action. 34 Likewise, a judge might refuse to certify a class of pollution victims because they suffer different types of physical injuries, even if the source was the same pollution. In a more litigated legal system, there would be more case law to guide judges on the appropriateness of class actions. However, in the Philippines, this does not yet exist. Add to this the high cost for lawyers, and class actions become even less feasible for most Philippine plaintiffs. 35 In the U. S. , it is much easier to litigate environmental class action suits. The Supreme Court has clearly instructed courts to construe its class action rules liberally and encourage class action suits. 36 This limits judicial discretion in refusing to certify classes to only extreme situations. Furthermore, the rules allow plaintiffs to join by default rather than affirmatively. 37 For environmental cases, the courts will look at the potential number of plaintiffs or the size of the estimated areas that a pollutant has infected to see if plaintiffs have met the numerosity requirement, but they are not required to meet a certain minimum number. 38 For the Philippines, which, unlike the U. S. , has too few environmental class action suits, adopting some of these mechanisms may create a more efficient adjudication process for plaintiffs, defendants, and the courts. 3. Statute of Limitations and Delayed Injuries Unlike a traditional tort or crime, many environmental injuries are not discrete events but only manifest themselves after many years. Pollutants may build up in soils, waters, or human bodies for years without reaching a dangerous level. Cleanup of such sites can take even longer. For example, when the U. S. military left Subic Bay in 1992, it left behind hazardous waste sites with contaminated water that continue to poison the land over a decade later. 39 However, for environmental torts, the statute of limitations is four years, a relatively brief time. This could preclude the litigation of injuries from pollutants with an onset delayed for many years. Thus far statutes of limitation issues have not been a significant factor in environmental litigation. The Philippine Supreme Court addresses similar problems in other fields of law with the discovery rule, allowing the statute of limitations to run when the plaintiff actually or should reasonably have discovered the injury. 40 However, as the courts handle more brown environment cases, it will have to address the tensions between punishing past violators and protecting defendants from time-barred claims. 41 U. S. courts have adopted the due diligence discovery rule, particularly for Clean Water Act and wetlands violations. Because immediate detection of pollution or illegal fill into a wetlands is almost impossible, applying a statute of limitations strictly would defeat the remedial purpose of the act. 42 Courts try to effectuate the Congressional purpose of the statute with the due diligence discovery rule and giving the government a chance to file action against the polluter once the violation is reported to the EPA. 43 Some courts44 realize that a statute of limitation may be inappropriate for cases when pollution continues to cause problems over time. These courts argue that a: Defendants unpermitted discharge of dredged or fill materials into wetlands on the site is a continuing violation for as long as the fill remains. Accordingly, the five-year statute of limitations †¦ has not yet begun to run. 45 The statute of limitation will not run for as long as the pollution remains. Many courts will also treat common law tort nuisances as continuing violations. 46 This approach has the added benefit of allowing the government to fine violators for each day the pollution remains, capturing the more of the costs of environmental destruction. 47 Much of U. S. case law regarding the effect of statutes of limitations on environmental issues comes from ambiguities in the statute of limitation for complex processes, particularly the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), or Superfund law. 48 Because Congress anticipated the complexity and long-term nature of site cleanups, it structured the statute of limitations in a flexible manner, allowing the court hear an initial cost recovery action prior to issuing a declaratory judgment to avoid letting the statute run. It also allows the plaintiff to file subsequent cost-recovery actions to recapture further response costs incurred at the site. 49 However, the law’s different statutes of limitation for remedial and removal actions phases of the cleanup has led to confusion over how the phases are defined. Courts often defer to EPA determinations in characterizing the type of action due to its technical expertise, rather than making that judgment itself. 50 4. Meeting the Burden of Proof In environmental cases, there may be no line of direct evidence from the perpetrator to the harm. In pollution cases it is often impossible to prove that the plaintiff’s harm was caused by his exposure to the toxic material. 51 For example, if several factories dump pollution into Manila Bay, it is impossible to determine which caused a particular environmental harm. Furthermore, the courts cannot expect absolute scientific certainty on the effects of a health risk such as electro-magnetic fields from power cables. 52 Given these problems, the traditional burden of proof standards, preponderance for civil cases and beyond a reasonable doubt for criminal,53 may prove to be prohibitively high. Philippine courts employ liability-shifting mechanisms to manage this difficulty in environmental cases. For example, pursuant to the Fisheries Code, courts use reverse burden of proof to place the burden of exculpation on defendants found with high-explosive or cyanide fishing gear. 54 Furthermore, the courts have begun to experiment with the precautionary principle, placing the constitutional rights to health and safety above development. 55 The courts also employs res ipsa loquitor in tort suits,56 although this has not been a prominent feature of environmental litigation. Plaintiffs may also hold multiple defendants jointly and severally liable for an act of environmental destruction that cannot be traced to a single defendant company, such as the pollution in Manila Bay. 57 Until recently, Philippine lawmakers did not see a need to introduce a strict liability58 regime into environmental laws. 59 Strict liability was employed in other fields, but not environ-mental laws. More recent anti-pollution laws such as the Clean Air and Solid Waste Management Acts establish that a violation of the standard is actionable through citizen suits. 60 In U. S. , because of its common law tradition, courts are more willing to employ strict liability. Generally, when a defendant, â€Å"though without fault, has engaged in [a] perilous activity †¦, there is no justification for relieving it of liability. †61 Such â€Å"perilous activities† include operating explosives, nuclear energy, hydropower, fire, high-energy explosives, poisons, and other extremely hazardous materials. 62 For citizens suits under environmental statutes, plaintiffs need only show that the law was violated, not prove fault or any actual or threatened harm, without regard to mens rea. 63 When it is impossible to determine the proportion of fault of a large number of defendants, U. S. courts may approximate fault through other indicators, including market share and production output. For example, in Hymowitz v. Eli Lilly ; Co. , the New York Court of Appeals calculated the size of each defendant drug company’s market share for DES to determine their fault in the injuries caused by the drug. 64 This also allows courts to address injuries sustained in the past by approximating past fault through data available in the present. The Environment Court in New Zealand has adopted an even more radical approach and done away with formal burdens of proof. It focuses instead on obtaining the best possible evidence for a case. This makes it easier for plaintiffs appealing to the court to dislodge an unfavorable opinion from a lower court. 65 While the Philippine Supreme Court may not wish to go this far, the court could more strict liability for hazardous materials and market share liability tools. 5. Damages and Remedies Even if a plaintiff wins damages from a defendant, if the defendant keeps polluting or cutting trees, the damage will continue. 66 In the Philippines, this is particularly problematic as the fines and penalties imposed under law are often not enough to change a company’s behavior. In order to encourage development, Congress prohibited temporary restraining orders against government projects. 67 Since government infrastructure projects can cause massive damage to ecosystems, this prohibition is significant. Some courts try to avoid this loophole by claiming that the prohibition cannot violate a person’s constitutional right to health or safety. 68 The extent of this loophole is unclear. Finally, even if a plaintiff or prosecution wins its case, most of the time the true costs of the defendant’s actions will not be reflected in the award. Damages in civil cases and punishments in criminal cases generally capture the costs of any suffering caused to humans, not animals or plants. While some settlements may include forcing a defendant to install pollution-control equipment or contribute money to conservation programs, this still likely does not recoup the full extent of damage to the environment. It is difficult to regenerate natural forest, coral reefs, or populations of endangered animals. The judicial system does not have much power to remedy this problem. The decision on the purpose of environmental laws and how much plaintiffs recover is for the Congress. However, it is important for judges to understand that environmental cases deal with only a fraction of the true costs of environmental damage. This may convince some judges to be more sympathetic toward environmental cases. While punishments for defendants may seem exorbitant, understanding the unaccounted costs of environmental damage puts these into perspective. B. Access to and Competency of Justice Aside from the legal issues described above, in any country, there are a host of practical and logistical issues that impede the judicial system’s ability to handle environmental cases. This includes the lack of financial resources of plaintiffs, particularly in poorer parts of the Philippines. Plaintiffs and their lawyers must also feel safe from physical and financial harassment while litigating their case. On the other hand, both courts and lawyers are often unfamiliar with environmental laws and science, limiting their ability to adjudicate in the field. Finally, court dockets are often congested, and environmental cases are not given priority. The judicial system’s role in addressing these issues ranges from fairly involved to almost no role. Yet, in attempting to understand environmental adjudication in the Philippines, it is crucial to recognize the role these practical realities play. 1. Financial Costs of Adjudication In any legal system, filing and litigating a case takes an enormous amount of time and money. Philippine courts impose a filing and transcript fee, although these are waived for citizens suits. Reflecting on his experiences, famous environmental attorney Antonio Oposa suggested that these costs were the greatest inhibitions for most plaintiffs. 69 Furthermore, for injunctive remedies, plaintiffs must post a bond to cover the defendant’s potential damages, which may be too large for a poor plaintiff with livestock and property as his only assets. 70 Most Philippine lawyers do not use a contingency fee system, so plaintiffs must be able to pay for legal services up front and over the lengthy litigation process. 71 On top of this, there is the risk of financially crushing harassment suits from defendants, or Strategic Lawsuit Against Public Participation (SLAPP). Even the logistics of feeding and housing witnesses, and their lost time from work, poses significant problems for predominantly poorer plaintiffs. In the U. S. , NGOs often receive enough donations to allow them to engage in litigation and have staff lawyers. More importantly, plaintiffs’ attorneys often work on a contingency basis, allowing poorer plaintiffs to avoid large financial risk. Furthermore, NGOs and environmental groups seeking injunctive remedies are often required only to pay a nominal bond or may be exempted completely. 72 While some might worry this makes litigation in the U. S. too easy, it drastically improves poor people’s access to justice. Pursuant to the Constitution’s emphasis on the poor, the Supreme Court of the Philippines has taken some efforts to alleviate this problem. Poorer plaintiffs are exempted from paying docket, transcript, and other fees and are granted free legal counsel. Furthermore, the Court provides an annual grant to the Integrated Bar of the Philippines’ Free Legal Aid Program. 73 However, not all environmental plaintiffs qualify as poor, particularly NGOs, even though they often have limited financial resources. Furthermore, even though the amount of the bond is under the discretion of the judge, judges are reluctant to do this because they worry about being accused of abusing their discretion. 74 2. Harassment of Plaintiffs and Lawyers Because of the high stakes involved in environmental cases, defendants may go to extraordinary means to intimidate and harass plaintiffs and their lawyers. It is not uncommon for defendants to lodge harassment or SLAPP suits against environmental plaintiffs or DENR prosecutors to attempt to force them to drop their charges. 75 Enforcers who confiscate the equipment of criminals are often sued for robbery. 76 Some defendants take even more extreme means such as physical violence or even murder. 77 Such dangers were recently illustrated by the murder of environmental advocate Elpidio de la Victoria and death threats against attorney Oposa. 78 This makes lawyers unwilling to take on difficult environmental cases. To stifle SLAPP suits, the courts should promptly apply the anti-SLAPP provisions in the Philippine Clean Air and Ecological Solid Waste Management Acts when applicable. 79 This means dismissing any harassment suits as quickly as possible. However, plaintiffs relying on other laws have less protection. 80 Congress must expand the use of anti-SLAPP provisions to other environmental laws. Furthermore, law enforcement must vigorously prosecute any defendants who resort to violence. In short, to facilitate environmental cases, the court must protect the ones bringing the cases. 3. Technical Knowledge Among Judges and Attorneys Judges must decide questions of science as well as law in order to dispose of most environmental cases. This is particularly true for brown issues, which involve uncertain science regarding the exact effects of a pollutant. In the U. S. , scientific understanding of pollutants led to new classes of trespass and tort suits that held emitters liable for their actions. 81 However, both sides in a case will try to use any scientific uncertainty to their advantage, or even create scientific uncertainty even when it does not exist in order to confuse the court. Judges must understand what scientific evidence should be admitted and what is not valid. 82 Judges and lawyers need to understand the science well enough to determine which arguments are unfounded and which are plausible. Because general the courts have general jurisdiction and are not specialized in environmental issues, this problem will have to be addressed by providing judges and lawyers with supplemental training in environmental sciences and law. PHILJA and other organizations are already successfully doing this. 83 Eventually, however, this problem may be resolved through a change in the adjudication system. If the Philippines moves toward environmental courts or administrative adjudication84 (as is being considered), judges would be trained specifically to handle environmental cases. 4. Obtaining and Preserving Evidence For green issues, preserving evidence may be difficult. After an illegal logger or fisher is captured, DENR can confiscate the logs and fish. These goods rot or deteriorate over time. Proper procedure requires taking pictures of the logs and fish for admission into court. Specially trained fish examiners prepare reports on the cause of death of fish. When done correctly, this preserves the evidence for use at court. However, some areas may not have fish examiners on hand or the prosecution may not properly prepare the pictures for admissible evidence. It is not uncommon for custodians of the confiscated items to lose track of them over time. Because cases take so long in the court system, this can be a real problem. 85 It is also difficult for enforcement agents to find and confiscate the equipment and vehicles used in environmental crimes, as the boats and trucks perpetrators use are highly mobile. Despite the inconvenience it may cause defendants, such equipment must be held as evidence and to prevent further environmental damage. The accused, or unindicted conspirators, will often petition for the release of their equipment. 86 Unfortunately, sympathetic lower court judges may sometimes grant these requests, despite the contravening case law. 87 Moreover, prosecutors must have the vehicles stored in a safe area despite the lack of storage space. Finally, it is important for enforcers to determine the location of violators, particularly close to the boundaries of natural parks. Community enforcers may not be trained in determining the exact location of where they apprehended the violators. Wealthier units can use GPS, but often the location of apprehension is disputed. 88 Any doubt in this area can destroy the prosecution’s case. 5. Docket Congestion In many countries, including the Philippines, courts are overburdened with cases. Yet, the Philippines’ forests and animals are already disappearing quickly. Irreversible damage to ecosystems can occur much more quickly than the many years it may take the court system to resolve a case. As Prof. La Vina noted, the environment cannot wait for the court system. 89 According to Justice Nazario, the Philippines needs over 300 trial court judges to fill the vacancies and resolve pending cases. 90 Low pay discourages the few who are qualified. Many of these vacancies are in remote parts of the country, such as Nueva Ecija, Occidental Mindoro, and Surigao Norte, where much of the fishing and forestry violations occur. Furthermore, the Supreme Court is burdened by the large amount of cases granted review each year, including the automatic review for death penalty cases. 91 Given this burdensome congestion, environmental cases are not given any special treatment on their own merits. Criminal environmental cases may be somewhat more expedited because they involve criminal punishments, but most judges and lawyers show no urgency with regard to environmental cases. 92 The Supreme Court attempted to alleviate this problem with Administrative Order No. 150B-93, setting up special courts to handle illegal logging, but these remain underutilized. 93 Until cases can move through the court system more quickly, the enforcement of environmental law will be delayed. III. Conclusion This paper has highlighted important legal and practical issues preventing efficient adjudication of environmental cases in the Philippines. However, due to logistical and budgetary constraints, this paper focused mostly on case law from the Supreme Court and the personal experiences of lawyers. In order to fully understand environmental adjudication throughout the court system, further research should ideally analyze environmental cases from all Municipal and Regional Trial Courts, Courts of Appeal, and the Supreme Court. It is important to see how cases area actually treated, particularly with respect to the issues examined in this paper. Furthermore, there may be important regional variations, particularly between areas with more natural resources and more urban areas. Even before such a study is undertaken, the courts can apply several lessons from this paper in the near future. First, while the courts have already taken commendable steps to waive filing fees and other costs for paupers, as mentioned above the definition of pauper may be under inclusive by not including NGOs. The courts should consider other definitions to reflect the realities of environmental NGOs. 94 Second, the Supreme Court should instruct the courts to dismiss SLAPP suits expeditiously. While the natural resource laws may not have anti-SLAPP provisions, Congress clearly did not intend to encourage such suits and there is nothing legally preventing the courts from dismissing them faster. Finally, the courts can address standing for citizens and class action suits. In particular, it should set out a clear position on standing in environmental cases. Other challenges will require long-term planning for the courts. Reducing the docket congestion is critical to expedite justice, although doing this will likely take years and require more judges. Likewise, the ongoing effort to train judges and lawyers in environmental law and science must continue, particularly as new judges and lawyers enter the judicial system. The courts should also familiarize themselves with the legal mechanisms available to them, particularly in shifting the burden of proof. However, this will be most useful in pollution cases as they become more common in the future. Ultimately, the challenges described above will require multifaceted solutions from various stakeholders in the Philippine legal system. For example, Congress must work to improve standing and citizens suit provisions in other environmental laws. To reduce the financial risk of brining a suit, law firms could move toward a contingency fee system. Furthermore, it is the responsibility of DENR and environmental agencies to ensure that evidence is properly recorded and preserved. Finally, as the Philippine grows and wealth spreads, more plaintiffs will be able to undergo the financial costs of adjudication. Eventually, the best solution to these challenges may come not from within the courts but from a new adjudication system. The U. S. has worked successfully with administrative adjudication for environmental issues in the EPA and Department of Interior. Other countries have set up independent environment courts. Based on the results of further studies and the needs of the country, the Philippines may move to adopt one of these models. This would allow expert adjudicators to handle cases under rules that make sense for environmental issues. Finally, it is important for judges at all levels of the judicial system to understand the severity of environmental degradation in the Philippines. The only redress environmental plaintiffs or prosecutors may have is in their court. Thus, they should not be reluctant to grant standing or award large damages, when appropriate, because doing so will ensure that both humans and the environment have their proper day in court.

Why Teachers Should Understand ADHD Essay -- Education ADD ADHD Essays

Why Teachers Should Understand Attention Deficit Disorder/Attention Deficit Hyperactivity Disorder What is Attention Deficit Disorder/Attention Deficit Hyperactivity Disorder [ADD/ADHD]? Some feel it is a neurobiological disorder while others say it is a learning disorder. Ever since 1980 when the Diagnostic and Statistical Manual of Mental Disorders officially recognized ADD/ADHD as a behavior disorder, the definition has kept evolving and changing. But ADD/ADHD has been around a lot longer than twenty-three years. Some in the medical professions believe â€Å"ADHD is a common mental disorder and has been recognized in one form or another for over a century† (Conners and Jett, 1999, p. 3). Teacher oriented literature leans toward classifying ADD/ADHD as a learning disorder of the ‘other health impaired’ type. It was not until the year 2000 that ADD/ADHD could even qualify as an impairment in the eyes of educational law (United States Department of Education, 2000). At present, there is no cut and dry definition of ADD/ADHD. There is also â€Å"no valid neurological or physiological test that can be used to diagnose ADHD† (Agency for Health Care Policy and Research, 1999). What we do have is a list of common symptoms of the disorder. According to Phelan, (1996) there are eight major characteristics that one can look for in a child: 1. Inattention/Distractibility 2. Impulsivity 3. Difficulty delaying gratification/Impatience 4. Hyperactivity 5. Emotional over arousal 6. Non – compliance 7. Social problems 8. Disorganization Inattention/Distractibility is the most important ... ...ns for students with ADD. Intervention in School & Clinic, 38 (5), 280 – 289. Snider, V. E., Busch, T. & Arrowood, L. (2003). Teacher knowledge of stimulant medication and ADHD. Remedial & Special Education, 24 (1), 46 – 57. Stevens, S. (1996). The LD Child and the ADHD Child: Ways Parents and Professionals Can Help. Winston – Salem, NC: John F. Blair, Publisher. Sturomski, N. (1997) Teaching students with learning disabilities to use learning strategies. NICHCY News Digest, 25, 2 – 12. U.S. Department of Education. (2000). The 22nd annual report to congress on the implementation of the individuals with disabilities education act. Washington, D.C.: U. S. Office of Special Education. Zentall, S. S., Moon, S. M., & Grskovic, J. A. (2001). Learning and motivational characteristics of boys with AD/HD and/or giftedness. Exceptional Children, 67, 499 – 519.

Fdi in North America

Analysis of Foreign Direct Investments of North America Kristin Daughdril & William Cassidy Business Administration 418 Abstract Foreign Direct Investment (FDI) is an investment involving a long-term relationship and reflecting a lasting interest in and control by a resident entity in one economy of an enterprise resident in a different economy (UNCTAD). There are two types of FDI, inflows and outflows, which can be used to help determine the investment strategies and economies of countries engaged in FDI.North America has been the source of nearly one-half of all investment and almost three-quarters of the jobs created throughout the globe (Huggins, 442). North America is probably the most important continent when it comes to dealing with FDI. The three main countries of North America, the United States, Canada, and Mexico, all rank in the top 15 of world economies, proving them to be desirable partners in FDI transactions.The trends of FDI discussed in this report will be unpar alleled to this information and can lead to some predictions on how future trends of the countries of North America will continue to be superior to that of the other continents of the world. Keywords: Foreign Direct Investment, FDI Inflow, FDI Outflow Foreign Direct Investment is investment of a company located in a different country either by buying a company in the country or expanding its business into the country. FDI can be done for many purposes.Companies may have tax incentives abroad, cheaper labor, abundant resources, target-specific markets or other reasons to enter into direct investment with a foreign country. Three components of FDI include equity capital, reinvestment earnings, and intra-company loans. These three components are the values that, if changed, will affect FDI first-hand. FDI inflows are flows of investment into the reporting country from a non-resident entity. Outflows are just the opposite. They are the reporting countries’ investments into a coun try abroad.FDI has become a major factor in accessing economic power in the world economy. The North American continent consists of many countries including the United States, Canada, Bermuda, Greenland, Mexico, Belize, Haiti, the Bahamas, Jamaica, and many others. This report focuses on the only two developed countries in North America, US and Canada, as well as another top economy of the world, Mexico. It has been found that North America has been the source of one-half of all foreign direct investment in the globe (Huggins, 442). All three countries are ranked in the top 15 in world economies.All three counties are members of WTO and, in spite of the differences in views on international trade and investment among the three countries; they entered NAFTA (North American Free Trade Agreement). NAFTA, along with the Canadian US Free Trade Agreement, CUSFTA, has increased the desirability of interest in the North American economic integration (Bird, 406). In the Americas, FDI is gove rned by a multi-layered system of agreements that include national investment statutes, bilateral investment treaties, free trade agreements, common markets, and multilateral instruments (Haslem).NAFTA: Recently, foreign direct investment has changed from relying on how much a country exports, to now focusing more on trade between countries. In order to focus more on trade, many countries have abolished some trade barriers between countries, causing countries to do away with the protectionism strategy. Mexico, Canada, and the US decided to become a part of the North American Free Trade Agreement. This agreement allows the countries to trade freely. As a result of NAFTA, their foreign direct investment rose dramatically; Mexico, as well as Canada, has seen a great increase in FDI and import production.This also lowers the cost of trading between these countries because they are close to each other. This reduces the cost of transportation, causing an incentive to trade together. This treaty is a big reason for Mexico and Canada’s success. Mexico: Mexico is the second largest recipient of FDI in Latin America and the Caribbean. Foreign direct investment plays a big role with Mexico’s success. More countries participate in trade with countries that have an open economy, since they do not have as many taxes and tariffs that many protectionist countries have.According to the World Investment Report 2006 published by the United Nations Conference on Trade and Development (UNCTAD), in 2005, ‘Mexico received more than 19 billion U. S dollars which puts it among the top 13 in the world and among the top four in developing countries. The United States has a big impact on Mexico’s economy. The spike in foreign direct invest in 2001 was due to the $12. 5 billion purchase of Banamex by United States’ Citigroup. This caused a dramatic increase in the FDI of Mexico in 2001.By looking at the graph of FDI flows within Mexico, it appears that th ere was a major drop of FDI in 2002; this is only due to 2001 being such a good year for Mexico. Canada: Foreign direct investment in Canada has increased dramatically from 1990 to 2002, an increase of four and a half times within these twelve years. The United States has a major affect on FDI in Canada. In 2001, United States obtained 90 percent of the inflows and 62 percent of the outflows. This is due to the signing of the North American Free Trade Agreement which has increased the cross-border transactions between the two countries.The removal of trade barriers has had a positive effect on the FDI in Canada. The increased presence of international entities in Canada helps to provide favorable economic conditions which are attractive to foreign investors. Since NAFTA, foreign direct investment has increased continuously; without it, Canada’s FDI would not be what it is today. United States: The United States have recently dominated the foreign investment playing field amon g the world economies. The position of the outward flow of FDI has exceeded that of the inward flow every year since 1982.Inflow and outflow are mainly dealt with developed economies, the largest partner being the United Kingdom, closely followed by Canada. Mexico is ranked number 12 as FDI partners with the US. Inward flows of FDI come mainly from the UK, Japan, Canada, and Switzerland. The US experienced steady growth from 1992 to 1998 followed by rapid growth in FDI inflow in 1999 and 2000. The high level of capital inflows between 1999 and 2001 reflects the strong foreign interest in US technology and telecommunications firms during the stock market boom years, prior to the market downturn in 2001 (Bloodgood). 001 recorded the lowest inflow increase the US had seen in many years. This could be due to the terrorist attacks on the world trade centers, causing the stock market crash. Investors may have feared the threat of potential future terrorist attacks. By 2004, investors saw past this threat and the US inflows went on the rise again (Dutta). United States’ outward flow of FDI transact mainly with the UK, Canada, the Caribbean, and Bermuda (Bloodgood). The flow of FDI into other countries stayed steady up until 2004 when the flow increased drastically.This was due to reinvested earnings and the decline of the value of US dollar compared to important host affiliates. Earnings in several industries grew sharply. In 2005, the US recorded its lowest percentage increase in FDI since 1982. The reason for this was that reinvested earnings turned negative in 2005, as cumulative retained earnings of foreign affiliates were drawn down to fund distributors to US parent counties as a result of tax incentives provided by the American Jobs Creation Act of 2004 (Koncz).The rise of outward FDI continued, however, to rise as though 2005 did not occur. Predictions: All three of the countries that have been studied from North America in the research paper have come across many setbacks and burdens in the past years when dealing with foreign direct investment. All three have also overcome many obstacles in order to pursue economic power by becoming international market influencers. All three counties show continued signs of reasonably steady growth in FDI outflow. Inward flow of FDI seems to be similar between the US and Canada.They have both had somewhat inconsistent rises in the inward flow. Nonetheless, they both continue trade with each other and probably will never decline in that particular area. Mexico has had relatively steady increases in inward flow of FDI and continue to rise, leading us to believe that they will continue on their pace to trying to become a developed economy.References Bird, F. , Vance, T. , ;amp; Wollstencroft, P. (2009). Fairness in International Trade and Investment: North American Perspective. Journal of Business Ethics, 84, 405-425. Bloodgood, L. 2008). Inbound and Outbound U. S. Direct Investment with Leading P artner Companies. Journal of International Commerce ;amp; Economics, 63-111. Borga, M. , ;amp; Yorgason, D. R. (2002).   Direct Investment Position for 2001: Country and Industry Detail. Survey of Current Business, 82(7), 23-25. Braithwaite, W. , Ciardullo, J. (2006). Investors Set Sights on Canada. International Financial Law Review, 45-49. Dutta, A. S. , Theis, J. , ;amp; Su, R. (2007). FDI into the US, 1998-2004. International Journal of Finance, 19(2), 4370-4379. Galan, B. , Oladipo, O. 2009) Have Liberalization and NAFTA had a Positive Impact on Mexico’s Output Growth?. Journal of Applied Economics. 12(1):159-180. Haslem, Paul Alexander. (2010). The Evolution of the FDI Regime in the Americas. Third World Quarterly, 31, 1181-1203. Huggins, R. , Demirbag, M. , ;amp; Ratcheva, V. (2007). Global Knowledge and R;amp;D FDI Flows. International Review of Applied Economics, 21 (3), 437-451. Koncz, J. L. , ;amp; Yorgason, D. R. (2006). Direct Investment Position for 2005: Coun try and Industry Detail. Survey of Current Business, 86 (7), 20-35. Koncz, J. L. , ;amp; Yorgason, D. R. (2005). Direct Investment Position for 2004: Country and Industry Detail. Survey of Current Business, 85 (7), 40-53. Leitao, N. (2010). Foreign Direct Investment: The Canadian Experience. International Journal Of Economics ;amp; Finance, 2(4), 82-88. Oladipo, O. S. , ;amp; Vasquez Galan, B. I. (2009). The Controversy About Foreign Direct Investment as a Source of Growth for the Mexican Economy. Problemas Del Desarrollo. Revista Latinoamericana De Economia, 40(158), 91-112. Rosenzweig, P. M. (1994). The New â€Å"American Challenge†: Foreign Multinationals in the US. California Management Review, 36 (3), 107-123. Tancer, R. S. (1997). Foreign Investment in North America and the Pharmaceutical Industry in Canada. International Executive, 39 (2), 283-297. Waldkirch A. The Effects of Foreign Direct Investment in Mexico since NAFTA. World Economy [serial online]. May 2010;33(5) :710-745. Mexico: Inward FDI flow Mexico: Outward FDI flow Canada: Inward FDI flow Canada: Outward FDI flow United States: Inward FDI flow United States: Outward FDI flow

Emotion as Mediators Analytical Tool and Hurdle Essay

Emotion is often associated with feeling expressed in any situation at any given time an individual may encounter. â€Å"In psychology it signifies a reaction involving certain physiological changes, such as an accelerated or retarded pulse rate, the diminished or increased activities of certain glands, or a change in body temperature, which stimulate the individual, or some component part of his or her body, to further activity† (Microsoft ® Encarta ®, 2007). It is very peculiar for a person not to show any reaction to circumstances especially when provoked by another person he is in conflict with. In this light, the role of a mediator is very important in bridging the gap between parties in conflict to find a common ground that possibly move toward a resolution. This paper will discuss the vital role of emotion in conflicts. Considering that emotion is the center of creation and nature of conflict, the probability of managing conflicts may be influenced by emotion as well. The book Meditating Dangerously tells that â€Å"The ostensible purpose of mediation is to ameliorate danger, pacify hurt feelings, and create safe spaces within which dialogue can replace debate, where interest-based negotiation can substitute for a struggle for power† (p. 3). A challenge is laid on my table, to be able to answer how much emotion can only surface to make any progress in the case? How does a mediator controls his emotion over the case? Background of the study It was on 11th of April, 2008 when I first went solo as a mediator. Prior to my case was my friend Diego working on his case between a tenant demanding from her landlord. It was a messy case, but the point to me was how hard it was to manage the raucous lady. She kept screaming and interrupting the landlord and the mediator with her suffered pain with her grievance. It was to the point where we had a security coming in from other room to tell us to calm things down because there was a trial going in our adjacent room. Still she did not cooperate. Having to observe Diego went through a very hard time over his case with the uncontrollable lady and her landlord, the sense of trepidation that I felt had challenged me. I needed to manage my own case without having to go through the same traumatic experience. When my turn came, I had to face five ladies – three plaintiffs and two defendants. I laid out the general rule of explaining mediation as a voluntary process and the bound to confidentiality, etc. I wanted to make sure that my case will not go mishandled. Also, I wanted to assure myself and the parties involved that we are there to solve not a screaming spar like the previous case. During the debriefing with Professor Joshua Jack, he asked why did I say ‘respect’ and ‘no yelling’? By laying the ground rules in the beginning, did I hinder the parties’ true feelings to come out? Professor Jack gave further comments on my case: â€Å"Parties in conflict very often come into the mediation with strong senses of victimization, self righteousness, mistrust, and other negative judgments of one another. If a person thinks that the other is a liar and cheater both in this situation and generally, can they express this honest perspective and still be within the bounds of our rule? It is my view that, if we have any hope of facilitating any real transformation, we have to allow parties to express their true, even if ugly, perspectives. † If we tell people to be nice, they will sometimes accommodate us, but by squelching the expression of the true depth and magnitude of their experience and perception, we also squelch the potential for real transformation and resolution. † According to Bowling and Hoffman (2003), â€Å"The most direct and obvious impact that the mediator has on the mediation process comes from the techniques he or she uses to influence the course of negotiations. These interventions, based on the mediator’s assessment of the obstacles to settlement, might involve giving the parties an opportunity to vent emotional reactions to the dispute, encouraging the parties to focus on interests rather than positions, or helping the parties generate options for settlement† (p. 19). With all due respect to Professor Jack, I know he is a great and experienced mediator. However, as a new mediator, the first thing I want to do is to make sure I have the case in control with confidence. By saying respect, I gave the parties the notion that we are to discuss the dispute, and find a solution as educated people. With the said experience, Professor Jeanne Cleary gave her comments as well: â€Å"Tricky issue, how much control to start out with, based on past experience and with the understanding that the folks in front of you are new and not the past case. You will find your balanced style with this – between too much control that may stifle what’s really going on for them (which will most always include feelings) and too little control (which will be unproductive for folks to hear each other). Keep at developing your sense of that balance as you continue. † Emotional Intelligence as a Tool for Mediators It is not as strange as it may sound to mindfully express emotion with dignity still intact. Emotional intelligence, defined by Salovey and Mayer (1990) in their Ability Model as â€Å"the ability to identify, use, understand, and manage emotions† is very helpful for a mediator in handling mediation between two clashing parties to surface the emotion and be adept at bringing out the feelings from the parties while remaining impartial. Caruso and Salovey (2004) expounded this model as four key emotional skills in Table 1. In this manner, Goleman’s (1998) (as cited in Johnson, Levine, and Richard, 2003) definition of emotional intelligence (EQ) â€Å"as the capacity for recognizing our own feelings and those of others, for motivating ourselves, and for managing emotions well in ourselves and in our relationships† (p. 317) was able to strengthen the argument of emotional intelligence as a tool for mediators. According to Johnson et al. (2003), â€Å"Allowing emotion to emerge in a mediation, however requires a mediator with a high degree of emotional intelligence †¦ improving one’s emotional intelligence is an essential development path for mediators. As EQ improves, a mediator becomes more comfortable with his or her ability to manage an emotional process successfully† (p. 155). Johnson et al. (2003) were also sharp by saying the essence of developing emotional intelligence because â€Å"Absent the ability to deal with emotions, the true power of mediation is lost. Absent the ability to create space for parties to express difficult emotions, it is unlikely that any resolution reached will last† (p. 164).