Military Tribunals free essay sample

Bush issued a military order (M. O. ) which allowed the President’s to â€Å"identify terrorists and those who support them† and bring them to justice by way of â€Å"military tribunals. † President Bush argues that it is his duty to â€Å"protect the United States and its citizens. The M. O. makes this possible by delineating the rules and procedures for military tribunals held during the war on terror. The legality of Bush’s M. O. immediately became the subject of debate upon its publication. For example, the president argues that he is fully authorized to enforce the use of military tribunals based on the historical precedents set in place by former presidents. He also argues that he is permitted to establish tribunals based on his declaration of â€Å"a national emergency on September 14, 2001. † The M. O. order states that â€Å"this emergency constitutes an urgent and compelling government interest, and that issuance of this order is necessary to meet the emergency. We will write a custom essay sample on Military Tribunals or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page † By declaring a state of national emergency, Bush suggests that tribunals are now a matter of â€Å"military necessity. Those subject to the order are defined in subsection 2(a)(1) as someone who â€Å"is or was a member of the organization known as al Qaeda,† as well as someone who meets the following criteria: â€Å"has engaged in, aided or abetted, or conspired to commit, acts of international terrorism, or acts in preparation therefore, that have caused, threaten to cause, or have as their aim to cause, injury to or adverse effects on the United States, its citizens, national security, foreign policy, or economy, or [anyone who] has knowingly harbored one or more [of these] individuals† Nevertheless, the M.O. was highly controversial despite all of the historical precedents, the declaration of a national emergency, and the specifications in section 2(a)(1). In Jennifer K. Elsea’s CRS Report for Congress titled, â€Å"The Department of Defense Rules for Military Commissions: Analysis of Procedural Rules and Comparison with Proposed Legislation and the UCMJ,† Elsea summarized one of the opposition’s arguments, which is that â€Å"the President’s M. O. has been criticized as overly broad in its assertion of jurisdiction, because it could be interpreted to cover non-citizens who have o connection with Al-Qaeda or the terrorist attacks of September 11, 2001. † As this report will show, debates over the definition of an â€Å"enemy combatant† as it applies to the war on terror are very complicated. The world is now facing an unidentifiable enemy on an undefined battleground. But the vagueness of the M. O. as far as who exactly it applies to is only one out of the many problems found in Bush’s M. O. Also opposing the M. O. are both members of Congress and the Judiciary as they feel very uncomfortable allowing the President to establish military tribunals f or the war on terror. Mainly, the arguments against the President include his disregard for the Constitution and the Uniform Code of Military Justice (UCMJ). This disregard is seen as Bush’s bypassing the military’s courts martial system as well as the United States civilian district courts already in place. In his congressional report titled, â€Å"Military Tribunals: Historical Patterns and Lessons,† Louis Fisher clarifies that â€Å"one of the principal methods of legislative control over military trials, including tribunals, are the Articles of War that Congress enacts into law. While the Articles of War have since been combined into a single Uniform Code of Military Justice, it nonetheless remains Congress’ explicit constitutional power to â€Å"make rules for the Government and Regulation of the land and naval Forces. † As such, Congress feels that Bush is denying its right to regulate the enforcement of military tribunals. In addition to the Constitution, Article 18 of the UCMJ explicitly states that, â€Å"General courts-martial . . . have jurisdiction to try any person who by the law of war is subject to trial by a military tribunal and may adjudge any punishment permitted by the law of war. However, President Bush states in his M. O. that rather than try suspected terrorists by court-martial, the President should enforce military tribunals for crimes against the â€Å"law of war. † Specifically, the M. O. states that those â€Å"subject to this order† are â€Å"to be tried for violations of the laws of war and other applicable laws by military tribunals. † The argument by the opposition, therefore, is that choosing to bypass the UCMJ, the President has circumvented the established rule which states that violations of the â€Å"laws of war† may be tried by court-martial. Opponents of the M. O. ear that a defendant would risk losing certain rights guaranteed by courts-martial and the civilian courts. Since the publication of the order, several legal professionals and civil rights activists have been very outspoken against the use of military tribunals and the executive’s claim to such a large amount of unchecked power. Legal professionals like Leonard M. Wallstein Jr. , a former officer in the Judge Advocate’s Office during WWII, agree that â€Å"efforts to divorce the military justice system from command control, to insure adequate representation by counsel, and to increase civilian supervision should not cease. Such a gross neglect for the protection of civil liberties would underscore America’s intent to p reserve freedom and democracy Both the Bush administration and its opponents posses enough strong evidence to support their respective opinions regarding the constitutionality of the M. O. However, after almost five years of scrutiny, the M. O. recently fell subject to the Supreme Court’s ruling in Hamdan v. Rumsfeld, creating a stay on the proceedings of the commission against Osama Bin Laden’s driver, Salim Ahmed Hamdan. Originally, the decision to consider Hamdan’s request for Habeas Corpus was denied by the Military Court of Appeals. Nonetheless, the Supreme Court took charge in this matter and decided that Hamdan’s military commission was unconstitutional as it â€Å"is not expressly authorized by any congressional act,† and violates, among other things, the Uniform Code of Military Justice Article 36 as well as Article 3 of the Geneva Conventions. The details of the Hamdan case have significant implications for the enforcement of Bush’s M. O. Such implications will be discussed later in this report. The debates surrounding a President’s use of military tribunals did not begin in 2001 but rather much earlier in the nation’s history. Therefore, in light of the recent decisions made in the Supreme Court regarding the constitutionality of the M. O. and Bush’s use of military tribunals, it is important to investigate the historical evidence used by the administration. Examples of military commissions being used by Presidents date back to President Washington. Bush’s most useful precedent comes from Franklin D. Roosevelt’s administration and the Supreme Court decision in Ex Parte Quirin. Since the M. O. , however, the debate has been at the forefront of national politics and civil rights agendas. Evidence of such a prolonged debate begs an important historical question. Based on both historical evidence as well as contemporary issues, it is this report’s intention to answer the following questions: How was President Bush able to legally implement his M. O. given the apparent breach of checks and balances? Also, how did the other two branches of the federal government eventually renounce the M. O.? Finally, what measures are currently in place to try suspected terrorists? This report will be broken into three sections. The first describes, in detail, President Bush’s argument in terms of the legality of his M. O. This section answers the first historical question. There is strong historical evidence in support of his M. O. including several precedents set in place by previous presidents. While examples date back all the way to General Washington’s use of tribunals during the Revolutionary War, this report will not go back any further than President Lincoln and the tribunal held following his assassination. Other significant historical examples, which carry a great deal of weight in the matter of the M. O. ’s constitutionality, include the Supreme Court decisions of Ex Parte Milligan following the Civil War, Ex Parte Quirin following World War II, as well as Johnston v. Eisentrager and Ex Parte Yamashita. The second section reviews the arguments made against Bush’s M. O. , which challenge his authority to establish military tribunals without proper supervision by the other two branches of government. This section answers the second historical question. It cites the three most recent Supreme Court decisions in the matter of military commissions. The cases Hamdi v. Rumsfeld, Padilla v. Rumsfeld, and Hamdan v. Rumsfeld all address contemporary issues surround the M. O. The outcome of each case helped the opposition by discrediting the M. O. in many respects. The facts of each case will be thoroughly discussed in this section along with several examples of public opinion. Additionally, Section II analyzes the applicability of the UCMJ and the Geneva Conventions within the scope of recent court cases such as Hamdi v Rumsfeld, Rumsfeld v. Padilla, and Hamdan v. Rumsfeld.. As this report will discover, it becomes very clear that the M. O. violates both the UCMJ and the Third Geneva Convention. Section II concludes with recent updates in the debate over Bush’s M. O. including the Military Commissions Act of 2006 as well as the outcomes of the three aforementioned cases. The third and final section will mostly be my personal opinion on the matter of Bush’s M. O. Using the evidence compiled in this report, I will inject my own ideas regarding military commissions for the war on terror. While this brief section is only my opinion, it will mostly serve as a helpful conclusion to the questions raised in this introduction. The debate over Bush’s M. O. brings into question the President’s protection of American interests. Charles Lane of The Washington Post, declares that the decision over the M. O. â€Å"could be one of the most significant rulings on presidential war powers since the end of World War II. † Here, Lane refers to Ex Parte Quirin, a Supreme Court decision involving Nazi saboteurs and the use of military tribunals to try them for violating the laws of war. Whatever the outcome, it is important that both the administration and its opponents act according to the American values which the M. O. originally set out to protect. Section I Recent arguments over Bush’s M. O. created a sudden resurfacing of old Supreme Court cases which disclose the use of military tribunals throughout the history of the United States. The Bush administration believed that certain historical evidence would prove to be very useful in confirming the President’s authority to establish military tribunals. The historical evidence for the President is abundant. Significant cases which support the M. O. include Lincoln’s use of military tribunals and suspension of Habeas Corpus, Ex Parte Mudd, Ex Parte Quirin and Ex Parte Yamashita. However, opponents feel that each account of a president’s use of tribunals is circumstantial and deserves close scrutiny. Examples of military tribunals being enforced by the Executive Branch are seen throughout the history of the United States. However, opponents of the M. O. cite their own historical precedents which should place restrictions upon the President’s authority to use military tribunals in the war on terror. An example of such a case is Ex Parte Milligan. During the Civil War, President Abraham Lincoln utilized his authority as Commander and Chief by declaring the suspension of habeas corpus and establishing the use of military tribunals in regions where resistance against Union forces was dangerous. Lincoln’s actions were questioned with regard to whether or not the President could make such a decision without the consent of Congress. It was argued that the authority to establish military tribunals was explicitly reserved for Congress. According to Fisher, â€Å"throughout the first seven decades of the American Republic, xecutive officials recognized that the ultimate constitutional authority to create and regulate military tribunals lay with Congress, not the President. † As such, President Lincoln’s actions were significant as he independently claimed the power to establish military tribunals during a time of war. Lincoln’s Attorney General, Edward Bates, published his opinion on Lincoln’s actions and stated that the President was acting in accordance with his constitutional limits. Bates’ argument relied on the contention that the President’s duty is to â€Å"preserve, protect and defend the Constitution of the United States. However, Bates continued, Lincoln could not perform his duties â€Å"without putting down rebellion, insurrection, and all unlawful combinations to resist the General Government. † Lincoln also cited Article II of the Constitution which stated that â€Å"the privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public safety may require it. † Seeing as how the conditions of the Civil War satisfied this criterion, Lincoln was confident in the appropriateness and the legality of his decision to suspend the writ. He pointed out that â€Å"it can not be believed the framers of the instrument intended that in every case the danger should run its course until Congress could be called together, the very assembling of which might be prevented, as was intended in this case, by rebellion. † President Bush applied this same principle, in a sense, by declaring a state of national emergency after 9/11 to ensure public safety according to the M. O. Bates concluded that the President’s power to seize such unilateral authority was â€Å"temporary and exceptional. Therefore, Congress did not object to Lincoln’s decision in this matter, and the Executive was allowed to use military tribunals and suspend Habeas Corpus against those rebelling against the Union. Recognizing the military significance of the situation, Congress enacted a piece of legislation on July 17, 1862, which authorized the President to appoint a judge advocate general to enforce, in a time of war, military tribunals for those who qualified as being a member of the military or those who were caught spying against the Union. While there are several instances of military tribunals being used throughout the Civil War, the case Ex Parte Milligan stands out as the most significant. Ex Parte Milligan had important implications which restricted Executive authority in establishing tribunals. Opponents cite the case as a reason to renounce the M. O. Lambdin P. Milligan, a U. S. citizen from Indiana who was not a member of the military, was arrested in 1864. Milligan protested the Civil War and was a well known Confederate sympathizer as he belonged to the Southern secret society, the Knights of the Golden Circle. He was charged for several offenses including â€Å"conspiracy against the government of the United States,† as well as â€Å"violations against the law of war. † As a civilian unaffiliated with the military, Milligan filed for a writ for habeas corpus and challenged his military tribunal and his subsequent death sentence. Milligan’s case was heard by the Supreme Court in March, 1866. The Honorable James A. Garfield, then a Representative for the state of Ohio, offered his own argument on the outcome of the case. Garfield alludes to the decision made in Milligan: â€Å"[N]o such necessity can be pleaded to justify the trial of a civilian by a military tribunal when the legally authorized civil courts are open and unobstructed. † This idea is expressed further in Judge Advocate General Joseph Holt’s â€Å"Digest for Opinions† for 1866, where he states that â€Å"in a military department the military commission is a substitute for the ordinary state or United States court, when the latter is closed by the exigencies of war, or is without the jurisdiction of the offense committed. † Therefore, Garfield concluded that â€Å"[Milligan] shall not be unlawfully punished . . by the sentence of a tribunal which had no jurisdiction over either their persons or the subject-matter of the charges. † The implications of the Milligan case were substantial. Justice Davis delivered the opinion of the Supreme Court. The decision restricted power of the Executive to establish military tribunals â€Å"in any State or Territory where the courts of the United States are open. † Although Lincoln’s use of tribunals provided legal precedent for the Executive Branch during times of war, the decision in Ex Parte Milligan gave jurisdiction back to the courts. During the war, Lincoln was afforded the opportunity, as Commander in Chief, to do what he thought was necessary to save the nation under â€Å"temporary and exceptional† conditions. However, after the war, the Supreme Court’s decision in Ex Parte Milligan influenced Congress as they â€Å"passed legislation to limit the Court’s jurisdiction to hear cases involving military law. † As a result, â€Å"federal courts became less tolerant of military tribunals that operated without specific statutory authority. This precedent runs counter to the Bush administration as it limits the Executive’s power to adjudicate persons who are not members of the United States military. Despite the implications of the Milligan case, the Bush administration does call upon its own examples of historical precedents which grant the President legitimate authority to establish military tribunals when the conditions are â€Å"temporary and exceptional. † For example, military tribunals were used in the trial of those charged with plotting Lincoln’s assassination. Dr. Samuel A. Mudd was caught setting the broken leg of John Wilkes Booth after Booth shot President Lincoln. Mudd was sentenced to life imprisonment, where he was bound to a ball and chain and forced to perform hard labor. Mudd’s conviction by military tribunal was upheld by a district court in Florida in 1868. Recently, Mudd’s family petitioned for a reconsideration of the case in order to clear Dr. Mudd’s name. However, the Army Board for Correction of Military Records maintains that the conviction was appropriate under military tribunal. In a letter defending his decision in Dr. Mudd’s appeal, Assistant Secretary of the Army, Patrick Henry, explains how Dr. Mudd acted â€Å"as an enemy belligerent by aiding and abetting those who had violated the laws and customs of war. † Assistant Secretary Henry cites Ex Parte Quirin as the most recent precedent which confirms the use of use of tribunals in Mudd’s case. President Bush and his administration frequently refer to Ex Parte Quirin as the best legal precedent which supports the M. O. The court’s decision in Quirin is extremely significant for Bush. Chief Justice Stone delivered the opinion of the Court, which held that â€Å"the military commission was lawfully constituted† and â€Å"that the petitioners are held in lawful custody, for trial before the military commission, and have not shown cause for being discharged by writ of habeas corpus. † The case took place in June, 1942 when eight Nazi German saboteurs came to the United States by submarine â€Å"intent on using explosives against railroads, factories, bridges, and other strategic targets. † President Roosevelt called upon his power as Commander in Chief to issue a proclamation for military tribunals to try the saboteurs. Roosevelt’s use of military tribunals to try the Nazi saboteurs was supported by the Supreme Court and is still used as a precedent today in the war on terror. Roosevelt issued Proclamation 2561 on July 2, 1942, which stated that he was going to establish military tribunals to try the eight German saboteurs â€Å"in accordance with the laws of war. † This is significant because trying the saboteurs under the Articles of War, which were the laws for the military at the time before the UCMJ, would have raised questions with regard to the use of courts-martial as the legal method for adjudication. However, the term â€Å"law of war† refers to international law. Title ten of the United States Code states that â€Å"the provisions of this chapter conferring jurisdiction upon courts-martial do not deprive military commissions, provost courts, or other military tribunals of concurrent jurisdiction with respect to offenders or offenses that by statute or by law of war may be tried by military commissions, provost courts, or other military tribunals. † President Bush utilized the same rhetoric as Roosevelt when he wrote his M. O. , claiming that terrorists are in violation of the â€Å"laws of war† and therefore subject to military tribunals. The Germans involved in Ex Parte Quirin were charged with four crimes: â€Å"one against the â€Å"law of war†, two against the Articles of War, and one involving conspiracy. † After training in Germany, they traveled across the Atlantic Ocean in a submarine with orders to destroy â€Å"strategic targets in the United States. † Their mission was soon compromised, however, when they came ashore on Long Island. Disagreements among the eight man team became a serious problem, as one of the team members, Ernest Peter Burger, explained during the tribunal that â€Å"there was no harmony. There was watching each other. It was no good; the spirit was not there. † Despite being approached by a member of the Coast Guard on the beach, the Germans managed to avoid being apprehended until they were eventually caught by the very determined FBI. At the time, it was assumed by the FBI that the men would be tried in a civil court. But several members of Congress and President Roosevelt demanded a military tribunal. The decision to try the German saboteurs by military tribunal was made for two reasons. The first was that FDR did not want make public how easy it was for the Germans to arrive in America undetected. Using military tribunals would allow the administration to withhold certain details of the case in the name of national security. President Bush uses the same logic in his M. O. by requiring â€Å"a level of secrecy that could include closed trials, unpublicized verdicts and unannounced punishments. † Similarly for Roosevelt, it was extremely important during a time of war to minimize potential publication on the weakness of domestic security. The second reason FDR and several embers of Congress preferred a military tribunal was because it was believed that a civil court or a court martial would limit the desired punishment. Because the men had not actually committed sabotage their chances of being convicted in a civil court were small. In his memoirs titled, â€Å"In Brief Authority,† Attorney General Francis Biddle explains how the eight Nazis would not be subjected to a harsh enough punishment in a civil court â€Å"on the ground that the preparations and landings were not close enough to the planned act of sabotage to constitute attempt. The maximum punishment for conspiracy to commit crimes was only three years. Therefore, Roosevelt wanted to circumvent the civil courts in order to pursue a harsher punishment. He sought the ability to â€Å"devise [his] own procedures, departing from court-martial practice whenever [he] chose to. † Such unilateral, unchecked power is identical to what Bush suggests with his M. O. FDR’s use of military tribunals was accepted at the time because he made it clear that the saboteurs were charged for violating the â€Å"laws of war† rather than the Articles of War. Fisher explains how the distinction between charging the Germans with violating the â€Å"law of war† verses the Articles of War is â€Å"fundamental. † He explains how the Articles of War were created as part of Congress’ constitutional right to â€Å"define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations. † Offenses of the Articles of War were subject to the strict procedure of courts-martial and would not allow for the maximum punishment available. Therefore, in his proclamation on July 2, 1942, FDR gave himself the authority to establish a tribunal as â€Å"President of the United States of America and Commander in Chief of the Army and Navy of the United States, by virtue of the authority vested in [him] by the Constitution and the statutes of the United States. † As such, Roosevelt did not say he had â€Å"inherent or exclusive constitutional authority,† but rather that he â€Å"acted under a mix of constitutional authority afforded to the President and statutory authority granted by Congress. As such, FDR’s authority was upheld in the Supreme Court decision Ex Parte Quirin. In order for FDR to establish military tribunals, the administration first had to prove that Ex Parte Milligan did not apply. Ex Parte Milligan stated that tribunals could not take place in states where the civil courts were still operational. However, Attorney General Biddle argued that Milligan â€Å"should be limited to its part icular circumstances. † In the case of the Nazi saboteurs, Biddle made it clear that the circumstances outlined by FDR demanded a different perspective. He explained to the Supreme Court that â€Å"war today is so swift and so sudden and so universal that it would be absurd to apply doctrine like the doctrine in the Milligan case. † Furthermore, Assistant Solicitor General, Oscar Cox, assured Biddle that â€Å"Ex Parte Milligan . . . did not require a civil trial for enemy aliens who came through the lines out of uniform for the purpose of committing sabotage. † Such was the case in Quirin as the saboteurs changed out of uniform when they arrived in the U. S. Therefore, it did not appear that Ex Parte Milligan was going to prevent the military tribunal from taking place. Ex Parte Quirin occurred as a result of the eight Nazis filing for a writ of habeas corpus upon being detained and subjected to military tribunal. In the Per Curiam dated July 31, 1942, the Supreme Court decided that the President was authorized to issue his proclamation for military tribunals and that â€Å"the military commission was lawfully constituted. † Also, the charges against the Nazis â€Å"allege[d] an offense which the President [was] authorized to order tried before a military commission. It was finally decided that the â€Å"petitioners must be denied access to the courts, both because they are enemy aliens or have entered our territory as enemy belligerents, and because the President’s Proclamation undertakes in terms to deny such access to the class of persons defined by the Proclamation. † The ability to avoid the use of courts-marti al or regular district courts, therefore, was granted because of Roosevelt’s specific citation of the â€Å"laws of war. † President Bush also cited the â€Å"laws of war† in his M. O. , making the precedent of Ex Parte Quirin an important defense for the current administration. The tribunal concluded on August 1, 1942, with each of the eight men sentenced to death. Roosevelt’s proclamation allowed for a two-thirds majority in the ruling of the death penalty, while the Articles of War â€Å"required unanimity for a death penalty. † Despite certain concerns for FDR’s unchecked power, the Supreme Court decided that his actions were â€Å"conferred upon him by Congress. † This may have been due to the fact that FDR’s power as Commander in Chief during a time of war afforded him a certain amount of immunity from Congressional interference. Mostly, the Supreme Court made the distinction between charges against the Articles of War and the â€Å"laws of war. † Another important distinction it made, a distinction which applies to terrorists in Bush’s M. O. , was that between â€Å"lawful combatants (uniformed soldiers) and unlawful combatants (enemies who enter the country in civilian dress). † This was an important issue surrounding the tribunal. Upon arriving on the Long Island beach, the men were in the middle of changing from military uniforms to civilian clothes. Their wearing civilian clothes put them in the category of â€Å"unlawful combatants. According to the United States Supreme Court, being identified as â€Å"unlawful combatants† made the use of a military tribunal and their subsequent death penalties all the more justified. The effect of the decision in Ex Parte Quirin had a lasting impact on the use of military tribunals. The Supreme Court received a great deal of credit for deliberating over the legality of the tribunal. An editorial in the Washington Post stated that, â€Å"Americans can have the satisfaction of knowing that even in a time of great national peril we did not stoop to the practices of our enemies. An article from the New York Times claimed that â€Å"we had to try them because a fair trial for any person accused of crime, however apparent his guilt, is one of the things we defend in this war. † Clearly it was believed that the saboteurs were guilty. Nevertheless, the Supreme Court’s decision to debate the legality of the Quirin sentence was looked upon favorably by the American public. Despite public approval for the decision in Ex Parte Quirin, there were those who argued differently.

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Chapter 5 - Essay Example 1. Why do some employers ban tattoos while others don’t mind them? Employers have different stance or position with regards to employees donning tattoos because some corporate environment require stakeholders to maintain a level of professionalism, which is instrumental in projecting a level of quality in their corporate image on a more traditional sphere. 2. Is it fair for employers to reject applicants who have tattoos? Based on the foregoing, one firmly believes that it is actually fair for employers to reject applicants who have tattoos, especially when these applicants would be future employees who are expected to project the same image of professionalism that the organization aims to adhere to and embody in their transactions. Is it fair to require employees, if hired, to conceal their tattoos? Actually, one believes that at the onset, a corporate philosophy of being true to the applicants in terms of signifying policies regarding tattoos should immediately be relayed. Therefore, if the organization condones tattoos and prefers employees without them, then they should be honest enough to state this requirement to the applicants to avoid conflicts in the future. 3. Should it be illegal to allow tattoos to be a factor at all in the hiring process. Personally, as disclosed in the case facts, tattoos are actually a person’s choice according to preferences and what was aimed to represent by donning them. As such, since these are matters of choices and preferences, organizations have also the prerogative to determine the hiring criteria which would place potential applicants for the right positions. If tattoos are seen as not in any way detrimental to the organization’s operations and to the corporate image being projected, then, the organization has the prerogative not specify restrictions in their hiring policies. It is therefore deemed not

Effects of Culture Shock on Communication

Effects of Culture Shock on Communication Table of Contents (Jump to) Introduction Summary and critical evaluation Theoretical models of culture shock and adaptation in international students in higher education An Integrated Process Model of Stereotype Threat Effects on Performance Scientific Model of Culture Shock and Intercultural Communication References Introduction For the purpose of the study, three peer-reviewed editorials have been considered from applicable scholastic journals written in the precedent five years. The content summarizes the each of the articles along with the critical impending based on the past experiences and educational training. Summary and critical evaluation Theoretical models of culture shock and adaptation in international students in higher education The editorials indicate the solitary disputes linked among conditional disgrace and the reserves desirable for performance for various diverse chores. If physiological pressure does not lessen operational remembrance instantly, at that time the augmented worry to individuals performance, or repressing unenthusiastic sensations. The predicament envisaged by individuals who are in a social context dishonored is principally insidious for the reason that it is probable to be envisaged by lots of others at some point too (Zhou, Jindal-Snape, Topping, Todman, 2008). A learner at diverse universities discovers the culture dissimilar from their personal, and should struggle with novel communal and manners, in addition to tackling with the troubles of alteration is widespread to learners. This is confused adequate if the learner is conscious of the distinctions sound in proceed, but smooth additional hard to those who are uninformed and presumes that the innovative culture functions as their domicile nation. The combined consequence of such unusual situations on enlightening explorers is normally expressed as ‘civilization shock’. There are further than a million learners and researchers learning in establishments of superior tutoring overseas (Amodio, Kubota, Harmon-Jones and Devine, 2006). The superiority of the, social learning and emotional skills of this collection is the majority significant, at any rate in encouraging international inter-enlightening thoughtful. There are lots of journalism has been anxious with learners’ adjustment dilemmas. Scholar so visitors are the best-investigated cluster of traverse-culture. Diverse studies have discovered communal and alliance arrangements, family members, communal expertise and cluster awareness’s. This piece of writing assesses the development of theories. The edition of learners in senior education is a distribution of the ‘civilization shock’ carried out by an extensive choice of civilizing explorer. Premature forms of ‘civilization shock’ were founded on medical viewpoints and paid attention on psychological wellbeing, including both pre-organizing issues and consequence of resettlement. The later forms were founded on broader enlightening, communal, and emotional theories which observed the explorer as an energetic mediator regardless of sufferer of pathology. Essential variables and interactive developments within ‘civilization learning’ social classification ‘and ‘anxiety and coping’’ features were distinguished from countless research studies. These dealt with the conducts and cognitive (facets of adjustment). They proposed a supplementary multifaceted but additional fit and influential sculpt, and propose d diverse accomplishment that was distributable on a large extent. Intercessions grown via this model were seen as being valuable. This editorial has employed the culture synergy representation to focus on the adjustment of global learners in higher schooling. Our focal point is on the equivalent/disparity of enlightening anticipations has the advantage of escorting not merely to the research impending, but in addition to insinuations for the pre- and post-egress preparation of both teachers and students that may guide to more adaptations by each. The many variables distinguished and propose conduits for assisting numerous students and their educators to recover the excellence of their general outcome. It chases the establishment-wise strategies for sustaining consciousness-raising, and showing diverse learners and their educators ought to be totally, effortlessly accessible and really employed. These concern the identical for all foundation cultures and each and every host custom. The study has focused particularly at Chinese scholars going to the UK. It appears probable that the practices of learners from diverse cultures with diverse destinations could vary. On the other hand, there is a little testimony (e.g. Redmond and Bunyi 1993) that Asian students breaking in the UK and USA face utmost divergences in cultural beliefs. For this grounds they might outline a constructive ‘intense case’ for explore diverse principles concerning scholar sojourners in common (Applehans and Luecken, 2006). An Integrated Process Model of Stereotype Threat Effects on Performance The majority of Research demonstrates that unenthusiastic typecasts can hurt the performance of human beings. A whole perceptive of the key procedures these typecast hazard which causes on performance is still missing (Schmader, Johns Forbes, 2008). The writers learn typecast risk in the circumstance of research on, self regulation, pressure, watchfulness and operational remembrance extend a development model of the way unenthusiastic stereotypes damage performance on cognitive and societal missions that necessitate managed dispensation, in addition to sensor motor missions that necessitate involuntary indulgence. The writers dispute that stereotype risk dislocates performance by means of 3 dissimilar, conversely interconnected, devices: (a) A physiological strain response that unswervingly harms pre-frontal indulgence, (b) An inclination to aggressively observe performance, and (c) Attempts to hold down unenthusiastic contemplations in the revamp of self instruction. These instruments approach mutually to put away decision-making sources desirable to carry out fine on diverse chores. The vigorous scrutinizing equipment interrupts arrangement on sensor-motor chores. The 21st century conveys with it rising assortment in, disciplines and association making it essential to appreciate how the salience of standing influences accomplishment. They have configured a mold of stereotype risk that comprises cognitive, emotional, physiological procedures to illume ultimo concluded by these diverse conduits. As portrayed, this form has the potential to clarify a diversity of experiences varying from minorities and females who have executed not as much in convinced educational grounds. Inter-cultural interfaces are over and over again qualified as scratchy. Even though someone can be acquainted with how the procedures summarized in the form on the other hand it is largely for those who contend with unenthusiastic stereotypes regarding their force. Scientific Model of Culture Shock and Intercultural Communication The motive of this piece of writing has been to discharge the kind of we view as a relatively functional suggestion for indulgent characteristics of relocation of scholars to overseas nations and disclose its technical consequences there are additional extensively recognized theories in this editorial we have disputed in advancing psychology. We know, this is actually probable (Abe, Talbot Geelhoed, 1998). Culture distress is a well-designed conception, however it is not impressive you ‘get over’ by your possess employments. It is a comprehensible procedure, reassuring with their technical information. In the increasing era of Intercultural Communication, academics must comprehend the significance of genetics in the manner sojourners contradict with inhabitants and the way they respond to latest surroundings (Ambady and Gray, 2002). Or else, the entire obedience may turn out to be an additional unempirical development that will take scholars remote from the accuracy. To keep away from this, we have to endorse a debate amid intercultural announcement and discipline. The editorial inspects the ‘civilization shock’ form by the way of systematic theories of behaviour. It will dispute that at the same time as culture shock is construct on equally civilizing determinist in addition to civilizing relativist support, it is principally empirically accurate. Conversely, it needs to be delivered reassuring Culture shock is in addition established to be in conformity with technical performance research. My individual understanding discovers that English verbal communication is one of the principal barricades for global learners in Australia. The speech barriers debarred Asian scholars from communicating with professors and other scholars. It is not easy for worldwide students in Australia building verbal presentations, captivating tests, articulating themselves in English. References Abe, J., D.M. Talbot, and R.J. Geelhoed. (1998). Effects of a peer program on international student adjustment. Journal of College Student Development 39: 539–47.  www.researchgate.net/publication//3deec528ba8c1ab3a1.pdf Ambady N, Gray HM. (2002). On being sad and mistaken: Mood effects on the accuracy of thin-slice judgments. Journal of Personality and Social Psychology ;83:947–961. [PubMed: 12374446] Amodio DM, Kubota JT, Harmon-Jones E, Devine PG. (2006). Alternative mechanisms for regulating racial responses according to internal vs. external cues. Social Cognitive and Affective Neuroscience;1:26–36. Applehans BM Luecken LJ. (2006). Attentional processes, anxiety, and the regulation of cortisol reactivity. Anxiety, Stress Coping: An International Journal ;19:81–92. Schmader, T., Johns, M., Forbes, C. (2008). An integrated process model of stereotype threat effects on performance. Psychological review, 115(2), 336.http://europepmc.org/articles/PMC2570773pdf=render Zhou, Y., Jindal-Snape, D., Topping, K., Todman, J. (2008). Theoretical models of culture shock and adaptation in international students in higher education. Studies in Higher Education, 33(1), 63-75  http://www.tandfonline.com/doi/pdf/10.1080/03075070701794833

La Grotte Cosquer :: Pre-Historic Art Essays

La Grotte Cosquer Not too long ago Henri Cosquer was swimming, 110 ft. below sea level, through a long, narrow, and treacherous entry passage, the warm Mediterranean waters closing in all around him. The darkness was so thick he could almost feel it. Finally, after what seemed an eternity, Henri pulled himself out of the murky waters and onto the rough, dry floor of what seemed to be a large cave. After his eyes focused and his breathing had settled back to its normal rhythm, Cosquer beheld a sight not seen by human eyes in over 12,000 years: an unmolested, unspoiled cavern last occupied by the mysterious Cro-Magnons who painted the spectacular designs on the soft stone walls of what would later be known as La Grotte Cosquer. Cosquer cave was first discovered in 1985. Professional deep-sea diver Henri Cosquer discovered the 175-meter tunnel below Cabo Morgiou near Marseilles, France (â€Å"The Cosquer Cave†). It was not until 1991, when Cosquer returned to the grotto, that he noticed a single hand print silhouette that lead to the discovery of several dozen prehistoric paintings and engravings (â€Å"Grotto Cosquer†). As soon as the cave was reported to authorities at the French Ministry of Culture, Jean Clottes and Jean Courtin were sent to oversee the research of this incredible find. Jean Clottes currently serves as General Conservator of the National Heritage and Advisor on Prehistoric Art to the French Ministry of Culture and the French Community. Jeans Courtin was previously in charge of antiquities in the Provence region of France and Co-Director of Research for the National Center for Scientific Research (â€Å"The Cave Beneath the Sea†). Under Clottes and Courtin many facts about the origin of these paintings have been uncovered. Apparently the creators of these prehistoric works of art used a pallet of colors consisting of hematite or ochre for the red mineral pigment, and manganese dioxide for the charcoal black pigment. Only about one third of the total artwork in Cosquer is done using paint; the others are engravings done in the cave’s soft limestone walls (â€Å"Grotto Cosquer†).

“Animal Farm”: Compare and Contrast Essay

Napoleon and Snowball, from the book Animal Farm by George Orwell, share many similar and different character traits when compared together. While Napoleon maybe cheating at cards, Snowball is hard at work developing a plan for a windmill to minimize animal work. Snowball could be talking away with his many speeches while Napoleon is trying his very best at training the puppy dogs to the rank of guard dog. Snowball and Napoleon, having their own similarities and differences, both seem to fight an endless war of being the best. Napoleon and Snowball share their characteristics in many ways including intelligence, how convincing both pigs are, and leadership traits. First, Napoleon and Snowball both have similar intelligence traits. For example, both Napoleon and Snowball could read and write perfectly. Snowball had written all the windmill plans with careful thinking and use of time. Napoleon, however, had used his knowledge to write a fake letter said to be written by Snowball to have agreed to be a secret agent to the Foxwood Farm. Napoleon knew that the other animals could not read very well and so by making his letter, no one could prove the letter was false except for the pigs that knew very well what Napoleon did. In addition, both Napoleon and Snowball were the most active in the speeches and the planning. Both pigs wanted to establish a social and economic system and be the leader of the farm. Furthermore, both pigs were smart to confuse the animals the animals in order to get their way. They used the same excuse of † Do you want Jones and his men to come back?!?† The animals, however, were too stupid to think for themselves, thus letting the two pigs get what they wanted. Second, the two animals were very convincing to the other animals. To illustrate, Snowball said that if a windmill was built, electricity could be used. There would be heat and hot and cold water. Work would also be cut down to three days per week. This, obviously a great deal, convinced the animals very easily that they wanted a windmill. Also, Napoleon convinced the animals very easily when he blamed all the farms troubles on Snowball. Napoleon said Snowball was a traitor and was working for Foxwood farms.  Napoleon said he even had â€Å"proof† of secret documentations that Snowball was working for Foxwood. Moreover, both animals knew that convincing the animals would easy. The animals usually found themselves agreeing with the animal currently talking. Third, both Napoleon and Snowball had matching leadership traits. For instance, Snowball was in charge of educating the animals. All the animals got some kind of a degree although the hens and sheep only got to the letter A. † The reading and writing classes, however, were a great success. By autumn almost every animal on the farm was literate in some degree† pg. 49. Additionally, the two pigs fought for the leadership place. Snowball believed in animalism and tried to make all animals equal. Napoleon, however, didn’t want animalism. He wanted a dictatorship. Finally, both of the pigs were greedy in a way. It was Snowball who declared that all apples and milk was to be in with the mash of the pigs. Napoleon also ordered that the barley field for beer be reserved to the pigs only. On the other hand, Napoleon and Snowball both had differences too. The two characters from Animal Farm had differences in the way both characters wanted to rule, how Napoleon and Snowball worked, and how both characters enforced the â€Å"law†. First, the way Napoleon and Snowball wanted to rule was very different. For example, Napoleon wanted a dictatorship government where he could rule the entire farm for his own greedy self. Napoleon wanted to control the farm so that his needs were met but as for the other animals, Napoleon didn’t care for them. Napoleon had also abolished the song Beasts of England because it symbolized freedom and democracy (in this case animalism) and was the exact opposite of what Napoleon wanted. The song that replaced it, however, was a new song called Comrade Napoleon. In addition, Snowball was for Animalism, which was freedom and equally treated animals. Snowball was more into Old Major’s dream. Old Major was an old boar who had dreamed of a time where all animals would be free and treated equally. Snowball wished to achieve Old Major’s dream. Furthermore, Snowball ruled the farm by inspiring the other animals to do work. He made speeches convincing animals to do the work on the farm. Napoleon, however, did not make speeches or try to convince the animals a lot. Napoleon had a secret  Ã¢â‚¬Å"police† force consisting of seven fierce dogs. Napoleon had used these dogs to chase away Snowball from the farm and kill any animal that opposed his rule. Second, Napoleon and Snowball worked differently too. To illustrate, Napoleon was a rather lazy person. Napoleon had Squealer, another pig, to do all his speeches for him. Squealer worked to spread propaganda around the farm (pigeons were used to spread propaganda and news outside of farm territory) about deaths and how Snowball terrorized the farm. â€Å"Bravery is not enough'† said Squealer. â€Å"loyalty and obedience are more important. And as to the Battle of the Cowshed, I believe the time will come when we shall find that Snowball’s part in it was much exaggerated†¦Ã¢â‚¬  pg. 70. Napoleon took credit for every good idea and claims he thought of it first. Whenever something unfortunate happens, Napoleon always blamed Snowball. Also, Snowball planned much more than Napoleon. Snowball originally designed the windmill plans and made convincing speeches. Snowball never did blame anything that went wrong on some other animal unlike Napoleon. Moreover, both Napoleon and Snowball tried to disagree on each other’s ideas. Both of them wanted to be the top but only in a different way. Third, Both Napoleon and Snowball have differences on how they enforced the â€Å"law†. For instance, Snowball convinced animals to do work while Napoleon stopped all rations to any of the animals that opposed any order. Additionally, Napoleon had a secret â€Å"police† or dog force. All traitors got their necks ripped off by the dogs. Finally, Napoleon wanted to rule all but with Snowball, Napoleon could not achieve full power. So Napoleon chased Snowball away used the seven dogs and then went on to become leader. In conclusion, whether Snowball is working away on the windmill or Napoleon is killing animals that opposed him, the two characters compare and contrast very well. Both characters work very hard†¦ in different ways that is. And finally soon and late the day is coming, tyrant man shall be o’erthrown, and the fruitful fields of England shall be trod by beasts alone†¦

Strategic Direction of Harley Davidson

The success of Harley Davidson (HD) is due to the American motorcycle icon’s effective Strategic Management. HD’s vision, mission, goals and objectives strive to exceed the requirements of its main stakeholders. Although these needs are not always met, the company has unique relationships with is stakeholders. The company stays on course with its strategic plan, despite the economy and the decline of American manufacturing and what might be considered its dwindling U. S. consumer base. Stakeholders â€Å"represent very important constituencies or groups of individuals who are part of an organization or associated with an organization.† (Module 01, 2013)HD’s main stakeholders are its employees, customers and shareholders. Each stakeholder has its own motives for being involved with the organization. Normally these motives result in common goals and objectives.MissionAn organization’s â€Å"mission is the overachieving goal of a company, the reason w hy it operates. † (Module 01, 2013). Harley Davidson’s mission statement is â€Å"We ride with our customers and apply this deep connection in every market we serve to create superior value for all of our stakeholders† (Harley Davidson, 2012. p. 2).  This mission statement places the needs of stakeholder foremost in the company’s strategic plan.VisionA company’s vision should â€Å"set up the long term direction of the company (vision), they incorporate the goals of the main stakeholders (shareholders, customers, suppliers, employees), they express the main values of the management to be embraced by employees, and they describe the main goals† (Module 01, 2013). Harley Davidson’s vision is â€Å"We fulfill dreams inspired by the many roads of the world by providing remarkable motorcycles and extraordinary customer experiences.We fuel the passion for freedom in our customers to express their own individuality† (Harley Davidson, 2012, p. 2). Harley’s vision does state a continuing corporate path; however it is on quite romanticized. A look at the company’s goals and objectives is needed to complete a picture of the organizations vision.Goals and Objectivesâ€Å"Goals and objectives divide the vision into achievable units at department levels for instance, that are further subdivided into smaller and smaller units, until they reach every employee’s desk. † (Module 01, 2013) Harley Davidson’s has identified four major goals in its Annual Statements.These goals include obtaining flexible manufacturing, creating shorter product development times; developing a premium customer experience and fulfilling dreams (Harley Davidson, 2012, p. 4). Goals should meet the SMARTER principle. That is that â€Å"Goals should be designed and worded as much as possible to be specific, measurable, acceptable to those working to achieve the goals, realistic, timely, extending the capabilities of those working to achieve the goals, and rewarding to them, as wellâ€Å" (McNamara, 2011). We will evaluate each goal to measure whether it meets this criterion and the needs of the main stakeholders.Manufacturing. One of HD’s goals is to create flexible manufacturing within its multiple facilities. In the past Harley on produced one bike per plant. If the public demand changed in that area Harley may have been left with a large supply and no demand. Harley’s objective is to enable its plants to be able to produce the right motorcycle for the needed demand in that area. The company’s tactics include incorporating the success of its York plant into all of its plant globally. In 2011, the York plant was outfitted to produce both the Tri Glide and All Touring Softail motorcycles (HARLEY Davidson, 2011, p 4).This will allow the company to move product to the correct customer at the correct time. Employees of Harley are encouraged to provide input and incorporate changes to improve products as well the production process. The goal of flexible manufacturing meets the entire criterion for the SMARTER principle. Both employees and customers benefit if this goal is realized. Product development. Harley’s goal to reduce product development times include three main facets: â€Å"1) a laser focus on the best product opportunities; 2) reduced time-to-market; and 3) increased product development capacity through efficiencies† (Harley Davidson, 2011, p.4). This goal does not meet the full criterion of the SMARTER principle. The goal is not specific. It does not quantify how much it wants to decrease the timeliness of product development. Employees benefit from this goal. The main benefit is that because HD believes in employees participating in the product development process it has created a learner centric environment. Employees stay well versed in their fields while assisting the company in developing quality products in shorter peri ods of time. This benefits the customers by providing quality products that keep up with advances in technologies and consumer desires.Retail. â€Å"The goal of this transformation at retail is quite simple: to provide a premium retail experience with every customer, every day and everywhere, while strengthening dealer profitability† (Harley Davidson, 2011, p. 5). Harley Davidson plans to work with all of its stakeholders to ensure that all of its many faces culminate in a great customer experience. This includes an in store and online experience. The SMARTER principle is also not completely met with this goal. The goal is not completely measurable. It is beneficial to all stakeholders.The strengthening of retail keeps employees employed and the improved customers can make customers feel more valued and more likely to seek out the retail experience. Dream fulfillment. â€Å"At the core, these three transformations—in manufacturing, product development and at retailâ⠂¬â€come down to one thing: we must ensure, in a world of ever-increasing customer expectations, Harley-Davidson continues to fulfill dreams through remarkable motorcycles and extraordinary customer experiences far into the future† (Harley Davidson, 2011, p. 5). All of HD’s improvements end here.The improvement require all stake holder to work together to make the customer experience unique. The improvements, if effective will add to the Harley Davidson ethos.RecommendationMy recommendation to Harley executives is to remember to stay true to the brand, but to attempt to market products to find new consumer within the US. Since HD’s inception, Harley has been associated with the freedom of America, but it may be losing it American consumer while changing to a global market. â€Å"Harley-Davidson demographics has long shown its reliance on an overwhelmingly white, male and middle-aged consumer base would ultimately  challenge sales in North America, where it st ill earns two-thirds of its revenue† (Kelleher, 2013).The goal that I propose is to include marketing to a younger group with a disposable income. I have been introduced to Harley; in fact, I learned to ride on a Buell in a Harley Drivers Edge Safety Course. I an African American female and have never been in the Harley advertising demographic. Harley does have a female rider’s program but it’s not advertised. All of the commercials that I have seen for Harley actual talk about the experience and financing.Although it is an American institution like a lot of older brands, it may lose it appeal a younger population. Increasing its consumer base can only be beneficial to its other stakeholders. It may potentially prevent manufacturing jobs from being transferred outside of the U. S. as Harley seeks consumers in other locations. Harley Davidson’s use of strategic management is in line with the needs of its main stakeholders. The company’s mission ackno wledges the need to meet the demands of all stakeholders for a more effective organization.Harley’s vision recognizes what HD brand means to the consumer. The organization’s goals and objectives seek to make the brand more effective in the current global market while satisfying the needs of its stakeholders. HD should be careful that it continues to gain new customers as it reliable customer base ages and are no longer able or willing to ride. Harley has continued to use strategic management to change the company’s fortunes over the years. As a result, the company has faltered but never truly failed.

Violence Makes Violence essays

Violence Makes Violence essays This novel is shortonly being about 180 pagesbut looks may deceive you, or in other words dont judge a book buy its cover or its thickness. A Clockwork Orange is actually 360 pages because you have to read between the lines. You may think that the storys theme is that the future will be filled with horrible decadent violence (that is what I first thought), but if you read between the lines you will understand that this book is written for one main purpose, a purpose other than A Clockwork Orange was written in 1962, story about the future which was meant to be around 1995 to 2000 (a car used in the story called a 95' Durango). A boy about seventeen, Alex the narrator and main character living in London, rampages about with his droogs (friends) raping, stealing, beating and even killing people. Alex one day is caught for murder and jailed but two years later he is luckily freed twelve years before his sentence ends to take advantage of a new treatment for violent people like him that he volunteered for. He goes through the therapy and succeeds and returns back to civilization. He now becomes sick when he is about to commit a violent or sexual, but also when the Ninth Symphony by Beethoven plays (a minor defect from the treatment). Alex is driven to attempt suicide from this defect because he is locked within a chamber playing this song and does not accomplish his task. He is hospitalized and returns to his ultra-violent self while the inhumane treatment does not work because it does not even give people a choice about being violent. While Alex helps to present the theme, two different outcomes are formed. First, Alex goes through a great change from being ultra- violent to becoming Lamb-chop and then back to being ultra-violent. Second, the theme defines the major conflict of the story. Although the co...

Calculating cash flow and net present value (see paper for details) Assignment

Calculating cash flow and net present value (see paper for details) - Assignment Example From the presented case of the manufacturing organization, revenue outflows are the additional support costs of  £4K every year. Capital inflows refer to those incomes that are generated from other activities other than the normal trading of an entity. In the case of the manufacturing organization such capital inflows is the sale of machinery. On the other hand, revenue inflows are those incomes that are generated by an entity from its normal operations by selling goods or services. To establish the payback period, the cumulative cash flows was established, but from the above calculations, the manufacturing organization could not cover its initial investment costs of  £410K from the net cash flows it generates within a period of five years. It is also a discounted cash flow technique that uses the principle of NPV. It is individual investment’s rate of return when it is considered in isolation or independently of all other investments that the firm undertakes. It is that rate of return which is inherent or internal to the cash flow of a given project. It is the discounting or required rate of return that gives a zero NPV i.e. ∑PVs – I0 = 0 NPV. Internal rate of return is established through trial and error, interpolation, or extrapolation method. Through the trial and error, a rate of interest is selected at random and is used in the establishment of NPV of the cash flows. If the rate chosen gives a lower NPV than the cost, a lower rate is chosen and if the rate gives a greater NPV, a higher rate is chosen. The process continues until the final rate chosen gives a zero

A Framework for Effective Communication Skills Research Paper

A Framework for Effective Communication Skills - Research Paper Example The framework focuses upon the five ‘Is’ such as interaction with the patient, developing the intention of the interaction, planning upon the kinds of intervention techniques used, evaluating the impact of such sorts of intervention and assessing the implication of the information that has been gathered and thus taking actions accordingly (Hamilton & Martin, 2007). The article tries to focus upon the fact that it is significant for the nurses to communicate with the patients by making use of diverse skills in order to ensure the patients that the health care practitioners are there to help the patients both psychologically and physically taking into account the patient’s state of health. The article also tries to identify that the patients must be given chance to express their fears, worries, anxiety, and concerns if any so that the healthcare professionals are able to identify the root cause of the problems prevailing with the patient (Hamilton & Martin, 2007). It is significant for the nurses to identify that providing the patients with information needs to be goal-directed activity. The intentions behind the interaction with the patients need to be identified. If such intentions can be identified by the practitioners then they will be capable of evaluating the efficiency of their contact with the patient.