The Change of Social Views on Mental Illnesses Essay Example for Free

The Change of Social Views on Mental Illnesses Essay In the past, mental illnesses were not widely accepted in society. Many times, upon the discovery of a mental illness in a child, the parents would send them to a mental institution to take care of them. Because of this, people with mental illnesses were often looked down upon due to the public’s unfamiliarity with them. Society’s ignorance has minimized over the years. The social views over the past 30 years have changed considerably towards people with mental disabilities due to socialization, by being involved in valued roles in society, and the evolution of medicine. The socialization of people with mental illnesses changed society’s way of thinking. The closures of mental institutions have contributed greatly to this. Sending a child with a mental illness to a mental institution to be raised, isolated them from society. By not being exposed to people that are different, it is difficult to widely accept and understand those differences. The more one is exposed to something, the more desensitized they are to it. For example, studies show that the more exposure to violence through the media and video games, the more desensitized the consumers are to the violence in real-life situations (Science Daily). Many times in society, one sees someone with a mental illness working in places that give them seemingly meaningless roles within that workplace (i. e. Jobs that do not contribute to society). By eliminating those meaningless jobs, people with mental illnesses have the opportunity to work among those without a mental illness. It will therefore increase contact, consequently increasing familiarization. The media has contributed greatly towards providing knowledge to the public about mental illnesses such as depression, autism, and bipolar disorder. By educating the public, it will cause less apprehension and misunderstanding of people with mental disorders. Marsha Gray of Community Living Mississauga points out that, â€Å"One of the things I find that is very bothersome is when people treat them like babies, like they can’t handle themselves. † This treatment is often a result of ignorance and often demeans the person whom they are speaking. It implies to them that people with a mental illness is unable to take care of themselves. Participation in meaningful activities that people without mental disabilities participate will increase the social skills that people with certain mental illnesses often lack. To build intimate relationships, for example, provides a chance to develop better self- esteem, and self-awareness that many people without a mental illness often take for granted as it develops naturally earlier on in life. As explained by Marsha Gray, â€Å"A social stigma is that people with mental illnesses cannot have a boyfriend/girlfriend or get married and have kids. It is encouraged to be engaged in those social settings to strengthen the social skills that they may not have had fully developed or may still need to learn. † The teaching of social norms is essential to the changing of society’s views. In the case of Autism, which is a â€Å"disorder that severely impairs development of a person’s ability to communicate, interact with other people, and maintain normal contact with the outside world,† there is the incapability to be aware of the needs and feelings of others. This may result in social deviancy. Social deviance is any behaviour that is different from the societal norm. With the incapability to be aware of the needs and feelings of others, people with autism may act in a way or do something that may offend others without realizing the consequences. This creates a stereotype that all people with a mental illness are never able to act according to social norms. This view can be changed by teaching what is right and wrong according to the social norms to prevent intolerance. There are certain valued roles in society that everybody plays. There is a stigma that people with mental illnesses cannot carry on the role as a parent, or as an employer. The evolution of medicine has played a large part in changing the views of society. The introduction of Lithium as a mood stabilizer for patients with bi-polar disorder was a medical breakthrough (NIMH). Because of this, people who are affected by bi-polar disorder are able to live a better, productive life in society with less extreme mood swings between mania and severe depression. In the past, electric shock treatment was commonly used to treat mental illnesses such as severe depression, and epilepsy. With new advancements in medicine, people with mental disorders are able to function better, and live lives that are more productive and fulfilling. With socialization, which is a result of closing down mental institutions, eliminating meaningless roles, and educating society, the views of the public have changed for the better because the increase of awareness and more exposure to those with mental illnesses. By providing centres that help teach people with mental illnesses basic life skills and how to act in ociety, it is getting easier for them to live their lives without constant scrutiny for the people around them. By creating ways for people with mental illnesses to be integrated and treated fairly has opened societies eyes and help society be more welcoming to those who are different and decreasing discrimination. The change of social views on mental illnesses have changed for the better, and will continue to do so because they see that all people affect by a mental illness want is to be no different than the normal John Doe, and to be treated as such.

Contract Law Case Study

Contract Law Case Study PART I LINUS WISHES TO SUE CHARLIE On what contractual grounds could he sue? Linus could sue Charlie on the grounds of the mailbox rule/postal rule, since a contract was created on June 15, 2009 when Linus wrote back to Charlie accepting the offer, not when it was received. Once the mode of communication is the mail, an acceptance becomes valid when it is dispatched or placed in the control of the US Postal service, not when it is received by the offeror. Will Linus prevail? Yes, Linus will prevail even though the agreement was not communicated to the offeror, it does not prevent the contract from being created. What if any defenses, contractual arguments or counterclaims would Charlie have? Charlies defense for a counterclaim should include the fact that while Linus accepted the offer in a timely fashion, the acceptance did not correspond with the offer, when Linus requested to change the original offer that changed the terms of the agreement and an offer in one set of terms can hardly be accepted by a communication in different terms. Will Charlie prevail? Yes, and to reiterate that an acceptance of a contract means that nothing should be added to the offer, even if it is consistent or similar to the offer. The offeree must accept unequivocally without changing the original offer. CHARLIE WISHES TO SUE THE VET On what contractual grounds could he sue? Charlie could sue on the grounds that while there was an exculpatory clause on the receipt releasing Vet Emporium from liability in connection with the treatment of Snoopy and Woodstock, that did not waive the veterinarians standard of care owed to the patients. This unconscionable clause is voidable for reasons of public policy, because a party may not exempt themselves from liability from a duty imposed on them by a statute for their negligence in the performance of a duty imposed upon them by law. Charlie could recover for intentional infliction of emotional distress for harm to Woodstock. Will he prevail? Yes, the veterinarians conduct was unprofessional, when he endangered the health and welfare of Woodstock due to unreasonable safety. What if any defenses, contractual arguments or counterclaims would the Vet have? The veterinarian may assert that the exculpatory agreement which was part of the receipt waived Charlies right to sue for injuries on the grounds that the extended boarding services provided was not a primary function of the veterinarians practice and when Charlie used these services, he did so voluntarily. Will he prevail? Probably not, while waivers are customarily part of a boarding agreement, they are unenforceable in many jurisdictions. SALLY WISHES TO SUE THE VET On what contractual grounds could she sue? She could sue on the grounds of breach of a unilateral contract. Once an offer has been made such as when Vet Emporium posted the advertisement all over the area of a reward for the return of Woodstock, acceptance of that contract was satisfied when Woodstock was found by Sally. Once Sally performed the condition, the offeror was contractually obliged to pay her. Will she prevail? Possibly, there might be an issue with the way in which she returned Woodstock. She probably should have taken him to Vet Emporium to collect the reward. What if any defenses or contractual arguments would the Vet have? Vet Emporium could argue that Sally was not obligated to the reward since she did not return Woodstock to their office. Will they prevail? Yes, this was condition precedent contract that stipulated that Woodstock had to be returned to Vet Emporium in order to collect the $50.00 reward. THE VET WISHES TO SUE CHARLIE On what contractual grounds could he sue? He could sue for failure of payment for services rendered to Snoopy. Will he prevail? Yes, payment is still due for caring of Snoopy. What if any defenses or contractual arguments would Charlie have? In defense, Charlie could state that because of the veterinarians negligence Snoopy suffered emotional loneliness when Woodstock flew away, he should be awarded damages. Will he prevail? Yes. Compensatory damages can be awarded for the breach of contract. SALLY WISHES TO SUE CHARLIE On what contractual grounds could she sue? Sally could sue Charlie for refusing to pay as agreed, for caring for Woodstock. Will she prevail? Yes, Charlie expressed orally that he would reimburse Sally $100.00 for finding and caring of Woodstock. What if any defenses or contractual arguments would Charlie have? None, Sally expected payment for service and Charlie should have known that payment was expected. Will he prevail? No, Charlie could have picked up Woodstock without offering to reimburse Sally. He committed himself to the payment. LUCY WISHES TO SUE LINUS On what contractual grounds could she sue? Lucy can sue Linus for compensatory damages for the loss of bargain of the work that he was to perform. Will she prevail? Yes, she can sue Linus for breach to recover the additional $325.00 in compensatory damages and for other fees incurred to obtain performance from another source. What if any defenses or contractual arguments would Linus have? Linus could argue that the breach was unintentional and was based upon the reliance of a contract with another party. Will he prevail? No. Regardless of the circumstances, he still breached his contract with Lucy. PART II SCHROEDER V LUCY On what contractual grounds could he sue? Schroeder could sue on the grounds that he was not advised to obtain his own independent counsel to have the document reviewed before signing the prenuptial agreement. He could sue that the agreement was unconscionable when it was executed and, he was not provided a fair and reasonable disclosure of the property or financial obligations of the other party and he did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. Will he prevail? The resulted outcome can go either way, prenuptial agreements are routinely upheld and enforced by courts in virtually all states, even if only one party had an attorney (In re Marriage of Bonds 2000); however, there are circumstances in which courts have refused to enforce certain portions and provisions of such agreements(Estate of Lutz 1997). What if any defenses, contractual arguments or counterclaims would Lucy have? Lucys defense would be that while her actions were not laudatory they did not negate the voluntary nature of the execution. A unilateral promise such as to buy Schroeder a new piano if he will marry must be in writing. Such statements were not included in her prenuptial agreement. Lucy could also argue that it is Schroeders responsibility to delay the signing of an agreement that may not be understood. Will Lucy prevail? Yes, she acted appropriately and retained counsel on her behalf. LUCY V LAWYER On what contractual grounds could she sue? She could sue the attorney for negligent misconduct, malpractice and misrepresentation by concealment of not informing her of his status to practice law. The attorney violated state statues which prohibits the unauthorized practice of law and suspension for failure to pay bar fees. Will she prevail? Yes, many states have statues that suspend attorneys from practicing law for failure to pay their bar fees. Failure to pay the annual license fee will automatically suspend the delinquent lawyer from the practicing law in that state. What if any defenses, contractual arguments or counterclaims would the Lawyer have? None, he violated a state statue, and committed a fraud by practicing law knowing that his license may be suspended for not paying his bar dues. He shouldnt have any defenses available because he engaged in fraudulent misrepresentation that was detrimental to public policy. Will he prevail in his defenses or his counterclaims? No. Technically, all the work that he might have done while not in the possession of a valid license might be voided. PIGPEN V MARCIE On what contractual grounds could he sue? Pigpen could sue Marcie for fraudulent misrepresentation the facts for failing to disclose that they is an insect infestation, when she informed Pigpen that there was no insect problem in her home. Pigpen could also sue for recovery of his earnest money that he gave to Marcie. Will he prevail? Yes. Marcie failed to comply with the full performance of the contract. What if any defenses, contractual arguments or counterclaims could Marcie have? Marcie can argue substantial complete performance by getting rid of the insect infestation. Will she prevail in his defenses or her counterclaims? No. The problem with insect infestation cannot be easily corrected and intentionally failing to comply with the terms is a breach of contract. She intentionally withheld pertinent information from Pigpen about the condition of her home in regards to insects. LUCY V MARCIE On what contractual grounds could she sue? Pigpen could sue Marcie for fraudulent misrepresentation the facts for failing to disclose that they is an insect infestation, when she informed Pigpen that there was no insect problem in her home. Pigpen could also sue for recovery of his earnest money that he gave to Marcie. Will he prevail? Yes. Marcie failed to comply with the full performance of the contract. What if any defenses, contractual arguments or counterclaims could Marcie have? Marcie can argue substantial complete performance by getting rid of the insect infestation. Will she prevail in his defenses or her counterclaims? No. The problem with insect infestation cannot be easily corrected and intentionally failing to comply with the terms is a breach of contract. She intentionally withheld pertinent information from Pigpen about the condition of her home in regards to insects. LUCY V MARCIE On what contractual grounds could she sue? None, Marcie placed a condition upon which the sale would go forward if the sale of her existing home met the conditions outlined. Will she prevail? No. Since Marcie was unable to secure a buyer for her home, the offer to buy Lucys home is voided on the grounds that the condition preceded her absolute duty to buy. What if any defenses, contractual arguments or counterclaims could Marcie have? Marcie could use the defense that she placed the condition precedent in her contract that she would buy Lucys home upon the sale of her own home for $300,000 or more within 30 days. Will she prevail in her defenses or her counterclaims? Yes, if no one pays the price she has established within the period indicated, the agreement to buy Lucys home will fail because the condition precedent was not met. MOMS V SCHROEDER On what contractual grounds could they sue Schroeder? The moms can sue on the grounds of personal performance because they did not consent to the change. The moms can claim that delegation was not effective because the students complained about Peppermint Pattys ability and that materially altered their expectations. On what contractual grounds could they sue Peppermint Patty? They could sue Peppermint Patty for breach of her duty. Special trust was placed on her performance based on the personal skills of Schroeder. Will they prevail? Yes. Contractual duties cannot be delegated. The performance by Peppermint Patty varied materially from what was expected. Also, a delegation of duties does not relieve Schroeder of his obligations under the contract. What if any defenses or contractual arguments would Schroeder have? None, once Peppermint Patty failed to perform then Schroeder is liable to the moms. Will he prevail? No, the assumption of duty by Peppermint Patty varied materially from what was expected. Could he sue Peppermint Patty? Schroeder can sue Peppermint Patty for breach of contract and performance of duty. PEPPERMINT PATTY V SCHROEDER On what contractual grounds could she sue Schroeder? Peppermint Patty could sue Schroeder for payment of services rendered. Regardless of the fact, that the duties were not performed to the satisfaction of the moms, she still completed her obligation. Will she prevail? Possibly, personal satisfaction of the party must be fulfilled in order for a court to rule, unless the expression of dissatisfaction is to avoid payment. What if any defenses or contractual arguments would Schroeder have? Schroeder could argue that Peppermint Patty did not perform to the satisfaction of the moms and therefore performance was not satisfied and the condition was not fulfilled. Will he prevail? Yes, the breach was material since the performance was not at least substantial. Could he sue Peppermint Patty? Yes, he could sue Peppermint Patty for breach of contract of nonperformance of a contractual duty. PART III Once the offer was accepted by Linus from Charlie using the mailbox rule, the contract was valid and became effective upon acceptance. Linus is entitled to the $500 originally offered by Charlie. Vet Emporiums is already bound by contract to perform a certain duty and should not be compensated for their negligence of duty, but should remedy Charlie for the loss and harm they caused Woodstock. It would not be prudent for Vet Emporium to compensate Sally for the return of Woodstock because the advertisement posted contained conditional precedent for the return to their office. Sally is entitled to the payment of $100 from Charlie since he orally expressed his intentions to reimburse Sally for finding and caring of Woodstock. Lucy should recover an additional $325.00 in compensatory damages and for other fees incurred to obtain performance from another source. Schroeder signed the prenuptial agreement voluntarily and the promises made by Lucy were not stipulated in the agreement so ther e are no grounds for compensation. Lucy should pay the attorney because of his negligence, malpractice and misrepresentation to practice law. Lucys attorney should be suspended for failure to pay his bar dues and the courts in the state where he practices should review all his cases. Pigpen should received compensation of his earnest money funds from Marcie and the contract should be voided for breach by Marcie. Lucys contract with Marcie is void because of the conditional precedent that Marcie placed upon the offer. Without the sale of her home, there is no valid contract with Lucy. The moms had a right from Schroeder to perform his contractual duty and should be compensated nominally for damages suffered. Peppermint Patty performed her obligations under this contract and Schroeder should pay for those services rendered, regardless of the satisfaction of the customers. That satisfaction is the responsibility of Schroder since he was the obligor. References: Clarkson, Miller, Jentz, and Frank B Cross (2009). Business Law, Text and Cases, 11th Ed., South-Western Lexis-Nexis Legal Research

High Turnover Rate Of Expatriate Managers Management Essay

High Turnover Rate Of Expatriate Managers Management Essay The West Indies Yacht Club Resort (WIYCR), headquartered in Chicago, is located on the British Virgin Islands (BVI). BVI is part of the Virgin Islands archipelago with the population of approximately twenty thousand. The majority of the population (83%) is of African descent, with the remainder being of Amerindian, East Indian, and Middle Eastern descent, or white expatriates. Although it has been operating successfully, the West Indies Yacht Club Resort has some alarming problems that have recently become apparent and have seriously affected the operational and organizational aspects of the resort. The main concerns of the organization can be summarized as follows High turnover rate of expatriate managers; Low motivation of the local employees; Rising tension between expatriates and local staff; Rising number of guest complaints; The purpose of this report is to identify the causes of the problems highlighted above as well as provide the most suitable and feasible solutions to improve the current situation in WIYCR. For the purpose of the study critical review of the academic research has been conducted to define the two colliding cultures and to understand the needs of the local staff as well as help US managers to employ the most effective management style. In addition to that, thorough onsite investigation, observations and set of interviews have been conducted, findings of which have been outlined in the below report. Research When it comes to business, it is crucial for a multinational organisation to be able to successfully deal with cross-cultural differences, turning them into strengths, not weaknesses. The existence of expatriate managers is quite common in multinational companies. It is also believed their managerial skills are directly linked to the success of the business and also to the success of cultural adaptation of the organization. According to Schneider and Barsoux cultural adjustment should create opportunities for an organization rather than a threat, and it helps leaders develop intellectually, emotionally and ethically. The qualities that make a good expatriate manager have been often discussed. As per The Chartered Institute of Personnel and Development the key competencies that they feel a good expatriate manager should exhibit include Technical competence, previous achievements in home country, language skills, motivation, stress resistance, independence, and goal orientated personality and good communication skills. They also believe that a manager thriving in one culture is not inevitably going to be successful in another. Moreover, it is vital for a multicultural organization to employ good leaders. However, the leadership styles differ greatly among cultures. Mendenhall et al (1995) claim that in order for an expatriate manager to effectively motivate and lead people from different cultural background they must try to fit in with the social norms of that culture, while also standing out as a leader. In order to identify and understand the main differences between the US and BVI and be able to provide guidance on how to effectively manage people for both cultures, the following two diagnostic models have been reviewed: Hofstede s Model of National Culture; 7d Cultural Dimension Model. In general, people in BVI are more relaxed that in the US and they value quality time with friends and family. They also have very strong power distance which means that people are required to obey and show extreme respect for people based on organizational hierarchy. According to the Hofstede the management style in such societies is mostly authoritarian and vigorous due to the fact that many employees tend to avoid work. The fact that the local staff is paid on the hourly basis and gets a pay raise each year without a proper performance review, gives further incentive to work less. In addition to that, the Caribbean people also experience the lack of proper education, resulting in very high uncertainty avoidance. They also find it difficult to cope with uncertain situations and try to stay away from any conflict that might lead to having to make independent decisions. By contrast, the American culture manifests low uncertainty avoidance. It has been proven that effective leadership systems in countries with high uncertainty avoidance tend to involve providing employees with very clear instructions. Therefore, if they do not have defined objectives for a day, employees choose to avoid work to minimize the stress of uncertainty. According to Hofstede the link between individual and society also plays a significant role in defining a particular culture. There are two main streams individualism and collectivism. As far as the Caribbean culture is concerned, it shows much more tendency towards collectivism as people are viewed mainly in terms of the group they belong to. Unlike in the US, the individualism is very low in BVI, resulting in people not interested in personal achievements and career progression, and they favour work in groups. In those cultures time spent with family and friends is highly cherished and cannot be compensated by financial benefits. The American approach is quite the opposite. According to Hofstedes theory, cultures also differ in terms of expectations as regards to the role of men and women in a society. Therefore high masculinity cultures clearly define the gender roles men are usually more self-confident and dominant and they are more career-oriented. In the case of the Caribbean culture, the gender roles are not clearly divided, in fact there is a high equality among men and women and their performance. Additionally, in order to understand a particular culture, one should also consider whether people have a long term or short orientation. For example, in the US people are more short term oriented which means they expect immediate results and paybacks. By contrast, the Caribbean culture shows greater tendency towards long term orientation, where people are not anxious to see immediate results, compensations or promotions but put emphasis on the role of security and social obligations. In order to analyze those two cultures even deeper and explain how people relate to each other, the 7d Cultural Dimension Model has been employed. First of all, in terms of universalism versus particularism approach, the US is believed to favour universalism, where the most effective management style is based on set of rules and commonly accepted moral principles. On the other hand, the Caribbean people treat each interaction in a different way and pass the subsequent judgments. They are also very affective, which results in expressing their emotions freely whereas in the US people are expected to be conservative in that respect. In addition to that, the Caribbean people believe that they have to establish a personal relationship with the prospect business partner before entering into any business relations. With regards to WIYCR, the local employees say that We have so many managers from US and they dont stay here very long. Many of them think they can just come here and well instan tly be their friends. Since it takes time to build personal relations, there should be a commitment from both sides. Lastly, it is crucial to distinguish between the internal and external control. In the US people believe that they are in charge of their own lives, whereas the Caribbeans put more trust in Gods fate. Those differences have a great impact on the attitudes people show towards different values and norms. For instance, Americans believe they can achieve anything they like if they put enough effort into it. Therefore, the American culture emphasizes and supports personal achievement and continuous improvement. By contrast, Caribbean people believe that their fate has been predetermined. Therefore, they do not try to change something in their lives or put more effort intro achieving something. Findings and analysis To start with, it should be noted that the local government regulations in relation to the labour market in BVI has had a great impact on the overall structure and performance of WIYCR. The government restrictions considerably differ from those the US expatriate managers are familiar with. Generally speaking, in the US the job is given to the best possible candidate, while in BVI it is offered to the most enthusiastic candidate. The local work permit limitations result in trained and qualified managers from the US not being able to find employment in BVI. Another obvious difference between those two labour markets is the process in which employees can be laid off. As tourism is one of the few sustainable industries on the island, employees are granted job security despite their qualifications and willingness to work. By contrast, the number of jobs available in the American hospitality industry is rather limited. The employment opportunities in BVI are almost unlimited in that respec t, which means the local staff can freely leave or change a post if they wish. Unlike in the BVI, the US have extensive hospitality management educational programs and relevant work placement schemes. Therefore, the locals do not have the opportunity to gain the necessary education in the hospitality field resulting in their lack of enthusiasm in relation to taking on management positions. As far as the management team of WIYCR is concerned, the main company departments are located miles away from the actual resort, and all strategic decisional are made offshore. As the top mangers pay visits to the resort only few times a year, and never during peak season, they cannot fully understand the culture diversity and employee needs, let alone the issues which can directly impact the overall operation of the resort. This gap has already resulted in various communication issues. In one particular instance, the Chicago office had over-booked the resort by nearly 20% despite the opposition from the Rooms Division Managers. Therefore, during the peak season the number of guests was much higher than the physical capacity of the resort, affecting the service and staff morale. In the light of the previously identified problems, the study have been concluded with the following findings: Turnover in expatriate management This problem is partly due to the lack of essential international experience, cross cultural communication and sensitivity training on the expatriates side. Additionally, the strict local government regulations create challenges for the management to effectively run the resort. Since the understanding of local culture is limited among the expatriate managers, the management styles they employ are often ineffective. For instance, the behind-the-scene approach so popular in the US is much less effective in managing the Caribbean staff that showing support and participation. As a result of the cultural gap and lack of apparent results, the expatriate managers often feel discouraged since they cannot motivate the local staff to work effectively. Thus, the expatriates often loose their enthusiasm to work in the resort within a short period of time. Lack of motivation in local employees This issue is related to the over-protection from the government labour policy guaranteeing the jobs and salary for the local staff. Moreover, BVI locals are nourishing-oriented they cherish friendships between co-workers and family life. Thus, solely financial reward system is not effective at all. Instead, according to Maslows Needs Hierarchy Theory and The Four Drive Theory belongingness should be developed as well as drive to bond in order to boost their working spirit. It is also crucial for the locals to create personal relationships with their colleagues and direct supervisors, which is combined into their working relationship. Therefore, behind the scene managers do not encourage loyalty or respect from the local employees. Finally, locals know that they are paid on hourly basis and will get a raise each year without a review and regardless of their job performance. Tension between expatriates and local workers This is caused by the cultural difference. In the case of WIYCR, the expatriates are goal-oriented, they emphasize individualism, adopt easily to low power distance, low uncertainty avoidance and competitive environment whereas the local staff put emphasis on collectivism, adapting to high power distance, high uncertainty avoidance and nourishment orientation. The difference leads to misunderstandings on both sides creating unnecessary conflicts and tensions. Additionally, as mentioned previously, the labour laws of BVI increase job protection for locals, posing significant challenges to operations of the resort that suffers from insufficient capacity during peak season and overstaffing during the rest of the year. As it has been already proven the ideal management styles of US and BVI are significantly different. The former prefer laissez-fair or behind the scenes style while the latter prefer a hands-on and more instructive style. Since there are merely a few hands-on managers in WIYCR who strive hard to integrate into the local culture and gain respect, the frequent misunderstandings and lack of cooperation lead to unnecessary tensions in the resort. Moreover, unclear job descriptions and expectations also contribute to the increased tensions. Having lower education levels, the locals require clear and detailed role descriptions while the US expatriates consider brief guidelines sufficient in order to get the job done. Increase in guest complaints This issue is directly related to the above mentioned problems. Internal weaknesses combined with ineffective operating of the resort (e.g. insufficient staff in peak seasons, overbooking) result in the diminished level of service provided to the guests. The low motivation of local employees and the fact that there are currently less reluctant to take on more responsibilities affects the level of the customer service the guests expect. Solutions Based on the above findings it is believed that the optimal solution in the case of WIYCR is to change the organizational mindset to create more globally conscious management that will be able to benefit from the cultural diversity of the organization. The obvious advantage of this alternative is the fact it will promote cultural harmony, leading to increased work efficiency. Be changing the corporate culture to embrace diversity, the company will utilize the strengths of both cultures which in return allows the resort to retain the leading position in the market. As far as the downsides are concerned, the existing team may initially resist change resulting in cultural differences being even more challenging to harmonize. In the short term however, as the Christmas season is about to begin, the company should focus on trust building and improving team working. In the long run, attention should be placed on improving the communication and relationship between the resort and the headquarters in order to increase the overall efficiency of the organization. The first step is to improve the current situation in WIYCR is to have an authority figure present in the resort at all times in order to motivate employees. By having an evident, participating leader people will be motivated to work harder and focus on achieving the companys goals as well as seeking assistance with solving any problems that may occur. Secondly, managers should assign daily tasks and set goals for their employees as collectivists are not willing to set their own targets. This form of leadership is believed to be effective way of managing the local staff due to the high power distance of their culture. It is highly recommended that the implementation of this plan begin immediately since it is a vital part of the overall cultural adaptation process. The second area of development is to improve internal communication, gradually building trust between managers and local staff. In order to do that, the existing managers should undergo cultural training, so they become aware of the cultural differences they deal with be able do handle the situation more effectively. Cross-cultural training will significantly improve the communication between locals and expatriates. It is believed that it could be of a great benefit to the organization if the staff and management team attend both formal meetings to discuss progress and improvements and informal gatherings to improve relationships. The main reason behind it is that the local employees will hopefully increase their involvement and work efficiency as they are highly motivated by social activities. It has also become apparent that the communication between the resort and headquarters needs to be improved to prevent further tensions and deterioration of the customer service. The situation in this case can be improved by having frequent performance reports, as well as resort peak period bookings reviewed by the onsite managers. Additionally, quarterly meetings should be organized as well as visits from the top management to oversee the operation and become actively involved in the resorts day-to-day activities. In the long run, part of the booking duties could be delegated from the headquarters to the resort to improve efficiency and staff involvement. It is also recommended that the above solutions are considered as an on-going process starting with increased interactions among the employees, managers and head office. The third area of improvement related to building team working skills. It is vital for the business to have motivated and enthusiastic employees that work efficiently towards the common goal s of the organization. Since there is a high illiteracy rate among the local staff, precise instructions and demonstration are recommended. Moreover, in order to improve efficiency among the local staff, re-training using a hands-on approach should be considered. Additionally, future recruitment practices with regards to the local employees should be linked to the relevant skill set and attitude of the right candidate. Moreover, the selection of expatriates for managing positions should be based on previous cross-cultural experience and the relevant characteristics. Finally, job rotation should be taken into consideration to further encourage employees to interact with each other and increase job satisfaction and motivation. The fourth area of development relates to the implementation of effective performance measures. Both financial incentives as well as added collective rewards based on group performance should be considered. There should be frequent performance reviews held during group meetings, emphasizing win-win approach among management, employees and customers. The purpose of this approach is to satisfy needs of both cultures that help inspire employees to work efficiently increasing the organizations performance. These changes will involve continuous adjustment and improvements. Short term recommendations Organize an informal gathering prior to the peak season to boost employee morale Liaison with the local bar, popular with both the expatriates and local employees, should be considered and every opportunity such as birthday or festival parties should not be missed. It is also recommended that the resort provide food and drink incentives for employees. This action can help to build up friendship and team spirit between the expatriates and the local people. It will also create an excellent opportunity for both sides to discuss different opinions, express ones beliefs and subsequently reduce the tension between them. Additionally, it will help the expatriate managers to adapt to the local environment better in order to achieve their best management styles and satisfy their drive to acquire in order to have a lower turnover rate. Such informal gatherings are believed to be the first step to overcome cultural barriers and reduce tension between the parties. Informal parties should also provide a perfect opportunity for relationships to be established, and friendships and bonds to be made. It is also highly recommended that the local employees are encouraged to bring their family and friends, which is seen as a crucial part of their culture. In that way both the local employees and expatriate managers will have a brief, but better understanding for each others culture, which may result in mutual respect at least for the forthcoming holiday peak season.. Creating informational leaflets Those leaflets should be distributed among guests upon arrival, in which local culture is explained and embraced. This will help to change customer perceptions and persuade guests to relax and enjoy the slightly slower pace of islands time. This is a short term solution that can be altered into a longer term marketing campaign. Formal meetings (Instruction days) The main aim of these meetings should be to identify difficulties that both sides encounter on a day to day basis in the resort. It is recommended that the meetings are held regularly focusing on giving clear instructions to reduce uncertainties by providing clear indications in terms of work requirements, goals, future plans. In addition to that, demonstrations can be done by managers to increase their awareness of the daily tasks involved in running of the resort. It will also give the managerial team the opportunity to get to know the work of their subordinates and show their willingness to cooperate. Moreover, the local staff should be encouraged to ask questions, which in return help to provide cleared indication for future plans to be implemented and should guarantee higher motivation from the local community. Training programs For locals, the training workshops should focus on three areas: foreign culture, language and hospitality. Those initiatives should help the local people to understand the other culture and break the language barrier, as well as provide guidance on how to treat the customers in appropriate ways, thus helping to reduce the guest complaints. For expatriates, the training workshops should emphasize both BVI culture and management skills. They should be able to explore and appreciate the local culture, and communicate with the local staff in an effective ways by adapting their management styles to the local requirements. Long term recommendations Establish a WIYCR management training program This program should provide an opportunity for enthusiastic locals to receive the necessary training and education in order to be able to understand the industry and operational aspects of the resort. It will help to find a balance between local and expatriate management and staff. Additionally, this should promote motivation and involvement among local people and increase their willingness to take on extra responsibilities. Request frequent visits from the offsite top management team It is recommended that during these visits both the employees and managers should be encouraged to have an open dialogue in efforts to improve communication. Establish a social interaction committee The purpose of this should be to create more informal interactions between the local employees and the expatriate managers. This is especially recommended during off-peak season. This will not only improve internal communication, but also provide conditions for cultural understanding. In addition, non-financial incentives such as providing free food and drinks if customer complaints go down 10% in a particular week. Conclusion To sum up, all problems rooted from the large cultural gap. The remedial measures listed above aim at facilitating mutual communication and thus establishing better understanding and trust to deal with the cultural clash. Managers and local staff are important assets which help to run the resort smoothly. Any disputes and conflicts make unnecessary loss to the resort. Therefore, creating harmonious environment is essential before coming to various solutions.

Argument - The Voting Age Must be Lowered Essays -- Politics Political

The Voting Age Must be Lowered for Democracy to Exist in America Imagine for a moment that senior citizens were denied the right to vote. Imagine senior citizens being thought of as too incompetent to vote because some senior citizens are senile. Can you imagine such a large percentage of the American public being denied the right to vote – simply on account of their age? It cannot happen in America, right? Not in a free country, a country where the people control the government, not the other way around? It can happen. It does happen. Only, it does not happen to senior citizens – once they get the right to vote they keep it for life. It happens to young people – people below eighteen years of age. Youth are denied the right to vote solely on account of their age. America is not a democracy if youth are denied the right to vote. Democracy is defined by Webster’s Dictionary as "government by the people." If some of the people – youth – are denied the right to vote for government leaders than the American government is not "by the people." The Declaration of Independence says that governments are instituted by the consent of the governed, and that governments can be overthrown when the people don’t consent anymore. Laws that young people are forced to obey are passed every day throughout the nation. Some of these laws only affect youth, such as curfew laws and compulsory school attendance laws. Most of these laws affect the whole population and all American citizens. Yet young people have no say in these laws, no say in the legislators that make these laws, no say in politics, no say in the rules that they must abide by. According to the Fourteenth Amendment to the Constitution, young people born in the United States are Am... ... lowered if America is to be a free and democratic nation and youth are to be granted their human right to take part in the business of their nation by being allowed to vote. Works Cited D.G. "Election Elective." Education Week on the Web. 10 Feb. 1998. http://www.edweek.org/ew/vol-11/13boxh11 Franklin, Bob. "Children’s Political Rights." The Rights of Children. 10 Feb 1998. http://www.bconnex.net/~cspcc/crime_prevention/rights.htm St. Louis Post Dispatch, December 19, 1997, research provided by Keith Mandell. (12 Feb 1998). "Ten Questions, One Easy Answer: Q&A on Children’s Suffrage." ACS: Association for Children’s Suffrage. 16 Feb. 1998. http://www.brown.edu/Students/Association_for_Childrens_Suffrage/ "Voting." ASFAR: Americans for a Society Free from Age Restrictions. 11 Feb. 1998 <http://www.oblivion.net/asfar/declaration/voting1.html>

Global Warming :: Greenhouse Gases Climate Change

For decades and decades, human factories and cars have discharged billions of tons of artificial greenhouse gases into the atmosphere, and the climate has begun to show many signs of global warming. On the other hand, some people want you to believe that global warming does not exist. There are many people who are only out for personal gain and are outright liars. According to a scientist at NASA "Global warming is the single largest threat to our planet"(Weier 2002). Over the past two hundred years we have seen significant changes in the effects on our environment, primarily due to humans and both their lack of awareness, or their total disregard for the effects that their actions have on the environment. Global warming is one of our toughest environmental challenges. It threatens the health of people, wildlife and economies around the world. The problem is carbon dioxide and other heat-trapping pollution. This pollution mainly comes from cars, power plants and other industrial sources that burn gasoline, coal and other fossil fuels. This matter collects like a blanket in our atmosphere. As a result, the planet gets warmer. We can say that the amount of radiation from the sun that reaches the earth each year has been fairly consistent from year to year and century to century until recently. Thirty percent of the total solar energy that strikes the earth is reflected back into space by clouds, atmospheric aerosols, reflective ground surfaces, and even ocean surf. Seventy percent of the solar energy is absorbed by the land, air and oceans.  ¡Ã‚ °The absorbed light is mostly in the form ultraviolet and near infrared solar radiation ¡Ã‚ ±(Weier 2002). Absorption of this solar energy makes life on this planet possible. The energy does not stay bound up forever. If it did our planet would wind up being hotter than the sun. Instead, when the rocks, air, and sea heat up, they give off thermal radiation, which escapes into space and allows it to cool down. This radiation is invisible to our eyes, but our hands can feel it radiating from a fire or a car engine. What we should be worried about now is that over the past 250 years, we have been artificially raising the concentration of greenhouse gases in our atmosphere. Factories, power plants, and cars, burn coal and gasoline and spit out a seemingly endless stream of carbon dioxide. Power plants are the largest contributors to global warming.

Capitalism :: essays research papers

Capitalism and the Renaissance   Ã‚  Ã‚  Ã‚  Ã‚  Capitalism is an economic system in which the means of production and distribution are privately or corporately owned and development is proportionate to the accumulation and reinvestment of profits gained in a free market. Capitalism lead to great changes in banking and business for Europeans It came to Europe after the devastating black death and while Europe was suffering from poor economic growth.   Ã‚  Ã‚  Ã‚  Ã‚  By looking at this definition, it is hard to see how this economic systems is linked to the Renaissance, which occurred in Europe. These two events in western civilization have great links which tie the two event together.   Ã‚  Ã‚  Ã‚  Ã‚  The Renaissance was a period of time in Europe when craftsmen, mostly artists, broke away from craft guilds to pursue their own ventures in their trade. It is also know as the rebirth of the classics. Artists began painting and sculpting for the royal and wealthy. Most of the masterpieces had to do with religion or portraits of royalty to make the patron that was paying for the service merely immortal since this painting would be famous and around for as long as it could be preserved. Religious scenes were painted to give people a visual idea of events that took place. Artist also put their own design into artwork in order to express feelings that were felt at this time in their life.   Ã‚  Ã‚  Ã‚  Ã‚  After comparing the Renaissance and the type of economic system that capitalism is, you can see that they both allow to entrepreneurs to operate as a single unit rather than be a part of the state of part of a guild. The word that pulls both the Renaissance and capitalism together is individualism. Both events were to events helped individuals to prosper immensely for themselves and move away from government and religious controlled work.   Ã‚  Ã‚  Ã‚  Ã‚  Renaissance and capitalism both brought about a way for individuals to make money. Capitalism allowed for sole proprietors to run businesses and make a living for themselves. In a similar way, artists were able to make money buy using their talent and providing a service to others on an individual basis. The artists were looked up to my even the most wealthy merchants because of the power the had to make them know forever though their work. Both the businessmen and artists both earned respect and were well known in society and also earned a certain status for themselves.

Criminal Defense Case

Criminal Defense Case Most people are aware of process to convict a criminal defendant. The prosecutor must prove â€Å"beyond a reasonable doubt† that the defendant is guilty of the crime in question, and that the accused is not required by law to present the court with any evidence, or prove he or she is innocent. Under the United States Constitution’s Fifth Amendment, a criminal defendant is not compelled to state under oath against himself. However, in some criminal trials, the defendant wants the opportunity to prove he or she is innocent by presenting the court with a defense. The following paper will discuss the various types of defenses criminal defendants can introduce to defend against criminal charges, and differentiate between the legal and medical perspective on mental illness and insanity (University of Phoenix Course Syllabus, 2009; Law Library, 2009). In most criminal defense cases, even though the defendant may have intentionally harmed another person or property, he or she may maintain that his or her case was an exception to the standards of criminal responsibility and that, as a result, he or she should not be found guilty and undergo any penalties. According to the Law Library (2009), â€Å"There are invariably unusual situations in which people intentionally cause harm, but the purpose of punishment would not be furthered in these cases† ( ¶4). In addition, due to psychological or intellectual challenges, some individuals are not held criminally responsible for their harmful conduct. Therefore, to accommodate these types of cases, defendants have the opportunity to avoid criminal responsibility by presenting defenses (Law Library, 2009). Two categories can identify criminal defenses: â€Å"I did not do it† (factual) and â€Å"I did it, but †¦Ã¢â‚¬  (legal). Defendants of the â€Å"I did not do it† category, try to avoid punishment by claiming that he or she did not commit the act in question. Defenses that fall into the â€Å"I did not do it† category are the Presumption of Innocent, Reasonable Doubt, and the Alibi Defense. Defendants of the â€Å"I did it, but †¦Ã¢â‚¬  category do not deny committing the act in question but instead, try to avoid punishment by claiming that the act was due to unusual circumstances. Defenses that fall into the â€Å"I did it, but †¦Ã¢â‚¬  category are Self-Defense, the Insanity Defense, Under the Influence, and Entrapment (Nolo, 2009; Schmalleger, 2010). The presumption of innocence means that every individual is presumed innocent until convicted, either as the result of pleading guilty or in a trial. This presumption means the defendant does not have to defend himself on his behalf, but instead, the prosecutor must convince the jury of the defendant’s guilt. A defendant may remain silent during the entire court process, not call upon any witnesses, and simply argue that the prosecutor failed to prove their case. The defendant goes free, if the prosecutor fails to convince the court that the defendant is guilty (Find Law, 2009). Defenses of reasonable doubt, the prosecutor must convince either the judge or jury assigned to the case that the defendant is guilty â€Å"beyond a reasonable doubt. † This could be a difficult standard to meet. Because the high burden of proof, means the evidence in favor of the defendant are to be resolved of all doubts by judges and jurors. With such a difficult task imposed on the prosecutor, a defendant may simply argue that there is indeed reasonable doubt (Nolo, 2009). The alibi defense is different from other major defenses; alibis are based on the claim of actual innocence. The defendant present evidence and or witness testimony proving that he or she was somewhere during the time the alleged crime was committed. For example, Jason Jones, 26, and his brother, Corey Jones, 29, were release from jail when federal prosecutors failed to counterattack the brother’s alibi. Frederick H. Cohn, a lawyer for Jason Jones, was able to prove that during the time of a federal witness killing in the Bronx, both brothers were approximately five miles from the scene of the crime according to Jason Jones MetroCard (The New York Times Company, 2009). Self-defense is commonly asserted by individuals charged with a crime of violence, like battery, assault with a deadly weapon, or murder. The defendant does not deny committing the crime, but instead, claims that his or her action was justifiable due to the other person’s threatening actions. The fundamental issues in most criminal trials are, who was the aggressor, was self-defense necessary, and was the reasonable amount of force used by the defendant. Although people are allowed to protect themselves from physical harm, it must be in the belief that a physical attack is about to occur. Further, an act of self-defense cannot exceed more force than is believe reasonable. A person who uses too much force may be guilty of crime. For example, the aggressor physically tries to attack the defender with his fist and the defender defends the aggressor back with a knife, stabbing the aggressor several times. The defender would be guilty of the crime since the force use was not reasonable (Nolo, 2009). The insanity defense is based on the standards that a person cannot be criminally responsible for the crime in question, if he is incapable of controlling his behavior and cannot understand the differences between right and wrong. Since some individuals’ do suffer from a mental disorder, the insanity defense prevents them from undergoing any criminal penalties. Here are some important points of interest. Not often, but when a defendant does enter a plea of â€Å"not guilty by reason of insanity,† judges and jurors almost never supports it. Maybe it has to do with the conflicting agreements between the legal and medical perspective. There are several definitions when it comes to insanity since both the legal system and medical experts cannot agree on one single meaning. McNaghten† defines insanity as â€Å"the inability to distinguish right from wrong. † â€Å"Irresistible impulse† defines insanity as â€Å"a person’s act may be wrong, but because of the mental illness his actions cannot be controlled. † Further, defendants found not guilty by reason of insanity is not released by confined to a mental institution for further evaluations, and in some cases, spends more time in the institute than they would if they were in prison. On behalf of the defense, a psychiatrist must testify after examining the case and defendant’s history (Find Law, 2009). Defendants that commit a crime while under the influence of alcohol or drugs sometimes argue that they cannot be held accountable for their actions since their mental functioning was impaired. However, intoxication, especially voluntary does not excuse criminal conduct. Most people are aware of the side effects of drugs and alcohol, thus holding them legally responsible for committing crimes as a result of their voluntary use. However, in some states, if the criminal crime requires â€Å"specific intent,† the defendant can argue that he was too intoxicated to have formed that intent. Although the defendant is still partially to blame for his actions, the punishment is less severe (Find Law, 2009). Entrapment takes places when a government official forces a person to commit a crime and then tries to punish them for it. In some cases, however, even if a government agent did suggest the crime and then help the defendant commit it, the defendant could still be guilty if the judge or jury believes the defendant would have committed the crime anyways. Entrapment defenses, thus, can be difficult for defendants with prior convictions of similar crimes (Find Law, 2009). In conclusion, a defendant is given the opportunity to present evidence on his or her behalf, even though he or she is not obligated to do so under law. Throughout this criminal defense case analysis, we were able to discuss the differences between criminal defenses of â€Å"I did not do it† (factual) and â€Å"I did it, but †¦ ,† (legal), as well as explain the various types of defenses under each category. Further, we are able to conclude that although there are a variety of criminal defenses that can be used to defend a person’s innocence, does not necessarily mean that the courts will agree with his or her actions or defense to actions. Reference Find Law. (2009). Criminal law: Common defenses: Defenses to criminal charges. Retrieved December 01, 2009, from http://criminal. findlaw. com/crimes/criminal-overview/common-defenses-to-criminal-charges. html Law Library. (2009). Criminal law principles: Defense principles. Retrieved November 30, 2009, from http://jrank. org/pages/18462/Criminal-Law-Principles-Defense-Principles. html Nolo. (2009). Defenses to criminal charges. Retrieved November 30, 2009, from http://www. nolo. om/legal-encyclopedia/article-30275. html Schmalleger, F. (2010). Criminal law today: An introduction with capstone cases. (4th ed. ) Upper Saddle River, NJ: Prentice Hall. The New York Times Company. (2009). Murder case dropped after MetroCard verifies alibi. Retrieved December 01, 2009, from http://www. nytimes. com/2009/01/01/nyregion/01murder. html University of Phoenix Course Syllabus. (2009). CJA 343: Criminal Law. Retrieved November 30, 2009, from the University of Phoenix Student Web site.