Wednesday, November 27, 2019
Australian Employment Law Essay Example
Australian Employment Law Essay Example Australian Employment Law Essay Australian Employment Law Essay Australian Employment Law Name: Institution: Australian Employment Law The feudal concept of status is part of the law of master and servant. The laws reflect a reliance of colonial laws regarding statutory regulations of labor. This law governed Australia for some time. The feudal system maintains a hierarchy and each person has his place in society. The status of someoneââ¬â¢s position is determined at birth, and it is not possible to change it. Masters and servants are born to their position, and they have certain roles and responsibilities, which they must fulfill. Servants are expected to do their work and serve their masters faithfully. Masters on the other hand have the responsibility of ensuring that their servants are protected (Abbott, 2006). Although the use of the terms master and servant has faded, the essence of the concept has remained in the relationship between employer and employee. The applicability of the feudal system within the work environment differs in different countries. It may not be as pronounced as it was before, especia lly since many countries have made it possible for people to change their social status. Someone who started out as an employee has the possibility of becoming an employer. There are different aspects of the feudal concept of status, which remain in the workplace. The feudal system is a legitimate authority and the employer and the employee are aware of their obligations to each other. Any employment relationship requires that an employer has the power to give orders, which the employee should follow. Employers can change the employeesââ¬â¢ duties to suit the needs of the organization, so long as they are not breaching any contract (Stewart, 2011). The employee submits to the employer at the work place. The law gives employers extensive control over the employees. The employers control the discipline of the employees. They have the power to discipline the employees for any misconduct. The law encourages the doctrine of employment at will. People have no obligation to be employed at a certain company, and they can always leave their jobs if they feel that they are not satisfied. Employers have the right to hire whomever they want. In the absence of a contract, employers can fire at will. They do not need any reason to terminate someoneââ¬â ¢s employment (Kaufman, 1997). Employers do not have to give several warnings before they decide to fire their employees, especially on issues relating to poor performance and misconduct (Stewart, 2011). Because of the master-servant relationship that exists between the employer and the employees, the workers have little power and control in their negotiations. The employees feel a need to join trade unions to increase their bargaining power, and to have more control over their welfare (Gardner Palmer, 1997). Lack of jobs and other opportunities have meant that people hold on to their jobs, irrespective of the challenges they are facing. Granted, every job has challenges that the employees have to deal with and overcome. However, under the feudal system, employees face greater challenges because of the level of control that their employers have over them. Because of the prevailing social order, the employers are superior to the employees, and they have a natural right to coerce them to do what they want. Some employees have to live on call any time of day, because their employers require them to do so. This may be in the contract, and if the employees signed the contract, then they have to follow it. Employers can call on their employees even when they are not supposed to be working, and the employees have to ensure that they are available if they intend to keep their jobs. Employees are obligated to serve their employers faithfully in the course of their employment. In some cases, this extends beyond their employment. Employees cannot run a business similar in nature to their employers business. After the end of their employment in a particular organization, former employees should not do anything that undermines their employer or his business. The employees should not recruit workers from their previous place of employment, and they should not entice their former employerââ¬â¢s clients to the new business. Moreover, employees should not remove or memorize any valuable information from their former place of employment. Such acts undermine their former employers and they are a breach of contract (Stewart, 2011). The state has the power to balance the rights and powers of the employers and employees by enacting legislation. However, some of the government legislations augment and increase the powers of the employers at the expense of the employees. For instance, the establishment of the Work Choices reduced employeesââ¬â¢ rights and power by reducing the role of the trade unions. It had many regulations and boundaries, which determined how the employers and the employees interacted with each other. New employees did not have the option of deciding their preferred employment agreement, and it was not easy for them to negotiate their contract. The Employee Greenfields Agreement gave leeway to the employer to make an agreement without consulting anyone, and without bargaining and negotiating with the employees. The unions had less power to bargain and negotiate for the rights of employees under the legislation. Those who supported the law claimed that employers were in a better position to in crease productivity without interference from the trade unions or industrial tribunals. It increased the ability of the employers to coerce the employees. The legislation removed the power of the Australian Industrial Relations Commission in intervening and arbitrating work disputes (Gardiner, 2009). The members of the capitalist class, or those who have the most wealth, also have the most power, not only in their places of work or in their industry, but also regarding national issues. Their influence determines the legislations made, especially when that legislation will affect their trade. The politicians depend on them, and they are keen to listen to their suggestions concerning different laws. They are the masters, and they continue giving orders and having people submit to them. They have become more powerful in that other than their immediate employees, other people listen to them and heed their instructions. Class divisions in the society have led to the exploitation of one class by the other. In a capitalist economy such as Australia, the workers produce more value than they are paid for by the capitalist (Mathews, 2007). References: Abbott, K. (2006). A review of employment relations theories and their application. Problems and Perspectives in Management, 1, 187-200 DSP (2006). Development of the Australian capitalist nation-state. Democratic Socialist Perspective. Retrieved from dsp.org.au/node/41 Gardner Palmer, G. (1997). The Employment Relationship. Australia: Macmillan Education AU Gardiner, M. (2009). His masterââ¬â¢s voice? Work choices as a return to master and servant concepts. Sydney Law Review, 31 (53), 53-81 Kaufman, E. B. (1997). Government regulation of the employment relationship. Cornell University Press Mathews, G. (2007). Class in Australia today. Democratic Socialist Perspective. Retrieved from dsp.org.au/node/167 McMichael, P. (2004). Settlers and the agrarian question: Capitalism in Colonial Australia. Cambridge, MA: Cambridge University Press Scott, B. (2011). Capitalism: Its origins and evolution as a system of governance. New York, NY: Springer Stewart, A. (2011). Stewartââ¬â¢s guide to employment law. Annandale, Australia: Federation Press Trainer, T. (2010). Marxist theory: A brief introduction. Retrieved from http://socialsciences.arts.unsw.edu.au/tsw/Marx.html
Saturday, November 23, 2019
Relationship between the research process and evidence based practice The WritePass Journal
Relationship between the research process and evidence based practice Relationship between the research process and evidence based practice Principles of Evidence Based PracticeConclusionRelated The aim of this essay is to explore the relationship between the research process and evidence based practice. The author of this essay intends to explore and illustrate an understanding of the various types of evidence used within nursing practice. There are barriers to implementing research into practice, the author intends to give explanation to these barriers and detail strategies/organisations that assist to putting research into nurseââ¬â¢s everyday practice. Two journal articles will be critiqued within this essay; the aim of this is to indicate which evidence has been used, to assess the strengths and weaknesses in the research process and to evaluate its usefulness in practice. Principles of Evidence Based Practice Research can be described as a method of investigating a chosen area to illicit new information on the topic or to build on previous knowledge.à In nursing research the aim of this research is to provide clients, their carers and their families with the best possible care in all aspects of their treatment to promote wellbeing (Burns and Grove 2001). ââ¬Å"The conscientious, explicit and judicious use of current best evidence in making decisions about the care of individual patients. The practice of evidence based medicine means integrating individual clinical expertise with the best available external evidence from systematic research.â⬠(Sackett et al 1996;72) Nurses are at the frontline of healthcare and have most one to one contact time with clients; therefore it is essential that the foundation of their practice be formed from reliable evidence (Parahoo 2006). Evidence based practice sets out to integrate the best possible evidence, nursing knowledge and patient views into practice. It is vital that nursing staff be knowledgeable of the latest findings in nursing research and are able to access and opt for the most suitable evidence to inform and implement into their practice. (Gerrish 2006) suggest that evidence based practice consists of research, patient experience and clinical expertise. It is important to address which research findings nurses should consult to inform their clinical practice in order for them to deliver adequate care to their patients.à There are many different types of evidence available to practitioners; Gray Muir (1997) as cited in Gerrish (2006) outlines a hierarchy of evidence and indicates which types are more superior. Placed at the top of the hierarchy are systematic reviews and multiple randomised controlled trials (RCTs). A systematic review is essentially a study done on prior research; this is then deemed as secondary research (Parahoo 2006). The aim of this type of review is to carry out an extensive and thorough search of material already available on this topic. The most fitting material in relation to the topic is chosen, this is then evaluated, the findings are then collaborated and summarised to answer the original question. This process should be performed in a clear manner so that it would be possible for others to carry out t his research. In second place on the hierarchy is randomised controlled trials, third; non-randomised controlled trials, fourth; non-experimental studies and fifth; descriptive studies/expert committees. This hierarchy is more suited to quantitative research and is deemed inappropriate if outcomes are not measurable (Gerrish 2006). There are many organisations that provide information on research and guidance to how it should be implemented into clinical practice. The National Institute for Health and Clinical Excellence (NICE) offerà clinicians guidelines and criteria to follow with the aim of developing nursing care to the benefit of the clients health (NICE). The Cochrane Collaboration supply research material which is available to everyone. Their aim as an organisation is to provide health care workers, clients and their carers with information on the most current and reliable evidence used within health care settings. There are several different barriers to implementing evidence into clinical practice; Gerrish (2006) suggests that these barriers can be set into four categories; the nature of the evidence, communication of the evidence, knowledge and skill of the nurse and organisational barriers. Barriers with regard to the nature of the evidence may include research questions unsuitable to clinical practice. In relation to communication of evidence the language used in the research may be deemed as inaccessible due to complex terminology. It has been identified that barriers concerning the nurses skill include troubles identifying or appraising evidence and also lack of confidence of the individual in using resources to access the research. Organisational barriers seem to indicate that lack of support from senior staff in providing information and time to implement changes are the main cause for concern. Parahoo (2006) suggests that there are four main components in the research process. Identification and formulation of the research question is the first stage in the process, this is where the researcher determines what is being researched and a question is created. Previous literature researched in the chosen field may be consulted by the researcher to help define concepts. The final question must be clearly set out. The second stage of the process is the collection of data, in this part of the process several decisions will have to be made before data is collected. The design of the study, methods used within it and sometimes piloting need to be decided upon. The population that will be participating needs to be defined at this point consent may need to be sought from ethical committees. Once these arrangements are in place the data can be collected. The third stage in this process is the analysis of data, at this stage the researcher would analyse, translate and display their fin dings. It is important to note that before the data was collected the researcher would have decided on how the analysis would be conducted. After analysis the researcher would typically translate findings, examine the limitations and make suggestion as to how to implement into practice. Recommendations may be made for additional research needed. The final stage in research process is the dissemination of findings. An organisation that might be responsible for this area would be NICE, the barriers to the implementation of evidence are outlined above. There are many ethical issues involved in the research process; the author of this essay intends to discuss some of these implications. Beneficence is an important ethical issue, it is essential that the study should be of the benefit of its participants and in the best interests of the overall public. Confidentiality is another ethical issue within the research process, any information gathered should be respected. Consultation to the participantââ¬â¢s wishes should be sought throughout the process and care must be taken by the researcher when publishing results so not to unintentionally expose the identity or information of its participants. Conclusion The author of this essay has explored the relationship between evidence and the clinical setting. Research, evidence based practice and the research process was considered. Barriers to implementing evidence based practice and the strategies/organisations used to avoid these barriers were discussed. Critiques of two research articles are included in this essay; these critiques aim to illustrate the authorââ¬â¢s understanding of the research process and knowledge of the various types of research and the methods used.
Thursday, November 21, 2019
Develop a thesis, or narrowly focused argument on a text Essay
Develop a thesis, or narrowly focused argument on a text - Essay Example Thus, one of the corner stones in his opposition towards oppression of different religious groups is the necessity of separation of Church and state which is seen in the following exemplary quotation: ââ¬Å"true civility and Christianity may both flourish in a state or kingdomâ⬠(Williams). In addition to that, the author understands that the issue of religious prosecution is a result of interference of religion into the government. That is why on many occasions he puts emphasis on his ability tot distinguish between the two. For example, while addressing High Court of Parliament he writes: ââ¬Å"your task as Christians is to save the souls, but as magistrates ââ¬â the bodies and goods, of othersâ⬠(Williams). Finally, there are numerous occasions where he points out the incompatibility of the religious oppression and adherence to the spiritual principles since the latter are based on peace, while the former promotes war. He makes a rather convincing point showing that prosecution of conscience ââ¬Å"is not required nor accepted by Jesus Christ the Prince of Peaceâ⬠(Williams). In other words, he suggests that waging a war in order to achieve a unified religious environment is against the very principles of such a peace loving religion as Christianity. Another interesting aspect of the reading in question is the way the author engages various expressive devices in order to convey his point of view. Thus, there are various instances when he uses picturesque comparisons so that the readers could perceive the situation from his point of view. For example, this is how he perceived the victory over religious oppression: men will ââ¬Å"dispel and scatter such fogs and darknessâ⬠(Williams). What is more important is that several times in the text, the author engages surrealistic, yet quite expressive images in order to show the real state of affairs in the society, as he perceives it. Here is how he addresses the issue of
Wednesday, November 20, 2019
Week 7 Assginment--Business Report Assignment Example | Topics and Well Written Essays - 1750 words
Week 7 Assginment--Business Report - Assignment Example First of all Outsourcing decision depends on the company as a whole, when a company wants to lower the costs by associating with the third party to make the better usage of companyââ¬â¢s land, labor, capital, technology and its resources, time and energy. The term Outsourcing is becoming more common in the business world, nowadays. Even, there are some companies in which the entire information management is outsourced. The Companies are outsourcing to fully focus on the core process of their business, by consuming time to provide their best services to external agencies. Outsourcing also allows a company to free their most of the internal resources, which can be easily used for other purposes. The research has shown that sometimes the internal resources of a company get short, where outsourcing helps them to avail the required resources within the company. although in several cases the company finds it much difficult to manage particular functions related to the production, theref ore companies outsource by delegating the powers to the third party to manage and control the functions performed. The functions performed by the third party could be beneficial for the business. We have come to know that the Companies are also outsourcing to cut down the risk factors involved with their production or services. Outsourcing even helps a company to realize the benefits of re-engineering. Outsourcing also enables the companies to expand more in new market areas, where they can easily fasten their delivery to the end users. The research has proved that however, outsourcing provides much profit to the organizations, they need to endure. (The Top 10 Reasons To Outsource) When outsourcing you should know what advantages it can provide to your business. The research has analyzed several advantages. Some of them we will discuss. The research has shown that when a rapid growth period hits a company, the back-office operations of a
Sunday, November 17, 2019
Principles of Economics.Monetary Policy and the Federal Reserve Essay Example for Free
Principles of Economics.Monetary Policy and the Federal Reserve Essay Investment and consumption decreased during the 2007 and 2009 recession. Government expenditure can increase Aggregate demand because it increases liquidity in the market. The government may operate below full employment when job seekers are more than available job hence end up accepting low wages. The multiplier can have a negative effect when people lose jobs as a result of government cut spending. This causes initial decrease in national income. The relationship between marginal propensities and multiplier is that an increase in MPC leads to an increase in multiplier. Similarly, increase in MPS causes a decrease in the multiplier (Farmer, 2008). 2. Fiscal Policy à à à à à 9/11 attack led to decrease in aggregate demand, in United States. An example of a sector that was hit hard is entertainment and travel sectors. It also led to decrease in personal consumption. The attack caused an increase in equilibrium price levels. This is because there is an inverse relationship between Aggregate demand and equilibrium price levels.An Expansionary fiscal policy and Contractionary fiscal policy is used to increase aggregate demand. Expansionary fiscal policy is a policy used during the recession to increase AD by increasing government spending or decreasing taxes. Contractionary fiscal policy is used during inflation in order to decrease AD by decreasing government spending or increasing taxes (Farmer, 2008). After September 11ââ¬â¢s attack, the government increased expenditure in different sectors such as national defense. 3. Money and Banking à à à à à Factors that led to the mortgage default crisis is much borrowings and flawed financial modeling majorly based on an assumption that prices of homes only go up, greed and fraud. Mortgage defaults affected lending banks in that their loans were not repaid leading to huge losses. In many cases, they got real estate that was valued far below what mortgage was when borrowers had a note. Default of bonds income backed by mortgage loans was interrupted banks were left with unwanted real estate (Friedman, 2010). Securitization is pooling different types of contractual debt. TARP is a program formed by the government of US to buy assets and equity from institutions that offer financial services in order to strengthen the financial sector. TARP opened a window of opportunity for banks to pay their own debt and acquire other businesses instead of lend money to private sectors. The Federal Reserve injected funds into the credit markets in order to help them lend again. It also reduced the target federal funds rate. Major provisions in the Wall Street Reform and Consumer Protection Act include Office of Insurance which creates Federal Insurance Office that monitors aspects of the insurance industry and Consumer Protections that creates Consumer Financial Protection Agency which protects Americans from unfair financial products and services. 4. Monetary Policy and the Federal Reserve à à à à à The Federal Reserve System refers to the central banking system of United States. Fed was launched in response to a series of financial panics. Federal Reserve Bank of Atlanta covers the states of Alabama, Georgia and Florida, 74 counties in Tennessee, 38 parishes of Louisiana, and 43 counties of Mississippi. William H. Rogers, Jr is the current Chairman of this Fed. This fed should remain politically independent because its rate is determined by market and is not explicitly determined by the Fed. The target for federal funds is adjusted by 0.25% or 0.50% at any given time. Fed give liquidity to banks to enable them gives credit in times of recession. Federal Open Market Committee is a committee in Federal Reserve System that is charged with the responsibility of overseeing the countryââ¬â¢s open market operations. Fed should decrease their rates to help spur the economy of US. This is expansionary monetary policy (Axilrod, 2011). 5. Free Trade à à à à à I support free trade and the NAFTA. They are based on comparative advantage. Countries produce what they can export cheaply. US exports goods like corn and meat to Mexico. Some of goods imported into USA include snacks and processed fruits. However, despite the having the benefit of increasing growth and collaboration between countries, free trade has the cost of dumping goods into the country and destroying infant industries. Free trade should be restricted on some goods like natural resources. 6. Foreign Exchange à à à à à US dollar is currently losing value against the euro. This is because the European Union is finding solution to Euro crisis. Dollars are supplied by the Central Bank of USA. A dollar loses value when its demand goes down. For example, whenever US citizens buy products from Germany, the demand for Euro goes up against the Dollar. A falling US Dollar increases ones travel expenses. This is because has to use more dollars to buy a foreign currencies which are expensive. However, a cheap dollar is bad for the US economy because it discourages exportation. A free floating exchange rate refers to a monetary system whose exchange rates are free to move due to forces of the market without intervention by the government (Friedman, 2010). References Axilrod, S. H. (2011). Inside the Fed monetary policy and its management, Martin through Greenspan to Bernanke (Rev. ed.). Cambridge, Mass.: MIT Press. APA formatting by BibMe.org. Farmer, R. E. (2008). Aggregate demand and supply. Cambridge, Mass.: National Bureau of Economic Research. Friedman, M., Heller, W. W. (2010). Monetary vs. fiscal policy. New York: Norton. Starr, R. M. (2011). General equilibrium theory: an introduction (2nd ed.). New York: Cambridge University Press. Source document
Friday, November 15, 2019
With close reference to at least 2 poems explore how the poets create E
With close reference to at least 2 poems explore how the poets create a sense of mood and atmosphere. In "Porphyria's Lover" by Robert Browning and "Mariana" by Alfred Tennyson, the poets use many different literary techniques to create a sense of mood and atmosphere. They choose their language and vocabulary carefully to make the reader use all of their senses, using techniques such as imagery, rhyme and rhythm. "Porphyria's Lover" begins with a description of the rain and the "sullen wind" which makes the mood seem dark and gloomy, though unlike in "Mariana," this changes later in the poem. This is shown when he appears to be sulking when Porphyria calls and he does not respond. However, Porphyria's entrance into the cottage causes the atmosphere to become warmer by lighting the "cheerless grate," which again could mirror her lover's feelings for her in the same way as the setting in "Mariana" reflects the main character's emotions. This change in atmosphere in "Porphyria's Lover" suggests that she is the most important thing in his world and his source of happiness. In "Mariana," the building has fallen into disrepair, as the flowerpots were "thickly crusted" with moss and the shed was falling apart, which is similar to the feelings in her heart. In the same way that there is no one there to look after the garden, there is no one to love Mariana. The writers use rhythm, rhyme and repetition to give the poems movement and structure. For example, in "Mariana," Tennyson returns to a similar pattern of five lines at the end of each verse, which gives the poem phrasing. In "Porphyria's Lover," repetition is not used as much, but, as in "Mariana" there are patterns in the rhyme at the end of each li... ...oftly. The flowing rhythm makes the mood eerily calm, and this feeling continues right to the end of the poem. The opposite effect is created in "Mariana," as Tennyson uses punctuation such as commas and semi-colons to create breaks, which gives the poem a slow pulse and almost shows the passage of time that Mariana has to put up with. The last three to four lines of each poem have many similarities. Both refer to God, showing the religious thoughts of the time, and, more importantly, the both leave the reader wondering what happens next, and leave many questions unanswered. "Porphyria's Lover" and "Mariana" are both examples of how poets can create depressing and eerie moods and atmosphere using clever vocabulary, imagery, rhyme and rhythm. I think that the poems are both quite romantic, but are both examples of how too much love can be a bad thing.
Tuesday, November 12, 2019
Review/critical thinking Essay
1. Syncopation is placing emphasis or accents on beats that are unexpected, or not having emphasis or accents on beats that are expected too. Syncopated rhythms add variety to music. 2. Ragtime is a musical genre, it combined march music with African rhymths. The instruments used in the bands using ragtime would become the instruments used to create jazz which is how the two were related. 3. Buddy Bolden helped create Classic Jazz. Bolden led a band in New Orleans from about 1895 to 1906, its hard to tell what their music was like because thereââ¬â¢s norecordings only stories. 4. Bebop had faster rhythms and more complex harmonies. The music also has more frequent chord changes, often after only a beat or two, and greater dissonance. 5. Hot jazz is a form of jazz with a lot of improvisation. One of the differences between classic jazz and hot jazz is that with hot jazz, multiple musicians engage in improvisation at the same time, whereas in classic jazz, improvisation was typically limited to one instrument at a time. Critical Thinking Questions 1. Theyââ¬â¢re a lot of similarities and diffrences when it comes to jazz and classical music,theyââ¬â¢re similar because Jazz is referred to americaââ¬â¢s classical music, and jazz was often influenced by classical music. A lot of composers were good at improvising and jazz musicians are sort of know for their improvising. Both classical and jazz music use basic forms and structures. Differences: the tone of the music and the instruments and performances of the music. 2. Characteristics of Jazz: different, unique, many subtypes, ragtime, big bands amd little bands, syncopation, off-beat rhythm and improvisation. 3. A lot of people call Jazz ââ¬Å"Americaââ¬â¢s calssical musicâ⬠I think they say that because classical music developed more in Europe and Jazz is very relative to classical music but it developed in the United States so if thats why they call it that then I agree. 4. Ella Fitzgerald (ââ¬Å"First Lady of Songâ⬠) Shes an icon and one of the best scat singers in the history of jazz. She won thirteen Grammy awards, including Lifetime Achievement award in 1967, and her records sold over forty million copies. Her contribution was just her greatness. 5. Improvisation is the act of creating music in the moment. Its found in many of the subgenres of jazz, some forms of jazz are based on it (Hot jazz. )
Sunday, November 10, 2019
Compare and Contrast Man in Water Essay
The man in the water makes what would normally be seen as a normal disaster, if such a thing is possible, into a story that stunned so many people. Allende and Rosenblatt both present alike themes in similar and different ways. One way that these two stories are different is that the man in ââ¬Å"The Man in the Waterâ⬠tried to help as many people as he could, even when he knew the consequences could be death. But Azucena didnââ¬â¢t really help anyone. Their deaths were also different. 3. Isabel Allende used a realistic fiction story-like approach, while Roger Rosenblatt used an informative, report-like approach. 4. These stories are very similar because they are in the same genre yet still have differences. This essay will compare and contrast these two stories. More specifically, this essay will be comparing and contrasting how both stories convey the genre of magical realism through the characters, and literary devices (how they show it). 5. In the next two paragraphs I will tell you one similarity and one difference that these two writings have regarding their topic and theme. 6. In ââ¬Å"The Man in Waterâ⬠and ââ¬Å"And of clay are we createdâ⬠, nature is used in both. They are also both about death, a monster that takes what it wants. Many themes appear in the short stories, but there is only one that both have in common. That is, humans are not powerless against nature. 7. A difference between the short story and the article is that in The Man in the Water, the author didnââ¬â¢t seem to really exaggerate as much as Isabel Allende, the author of And of Clay are we Created. Allende used magic realism and Rosenblatt was more realistic. 8. In two specific stories, Isabel Allendeââ¬â¢s And of Clay Are We Created and Roger Rosenblattââ¬â¢s The Man in the Water, disaster strikes and the people in the stories are symbols of what true human beings should be like; faithful, positive, and strong in the heart and mind. Bothâ⬠¦
Friday, November 8, 2019
Qué es la expulsión inmediata o deportación rápida
Quà © es la expulsià ³n inmediata o deportacià ³n rpida La expulsià ³n inmediata, tambià ©n conocida como deportacià ³n exprà ©s o fast-track permite a las autoridades migratorias expulsar a un migrante de EE.UU. sin que se presente ante un juez y defienda su caso en corte. Con fecha del 22 de julio de 2019, el gobierno de EE.UU. ha autorizado a ICE a deportar siguiendo este mà ©todo a cualquier indocumentado que se encuentre en cualquier punto de Estados Unidos que no pueda demostrar que lleva ms de 2 aà ±os viviendo continuamente en el paà s. Esto es un cambio de lo que se venà a aplicando, ya que hasta este momento lo ms comà ºn era aplicar la expulsià ³n inmediata, conocida en inglà ©s como expedited removal, a los detenidos en la frontera o arrestados en los 15 dà as siguientes a su ingreso y en 100 millas de distancia de la frontera. Causas deà expulsià ³n inmediata o expedited removal Las situaciones en las que se puede ordenar una expulsià ³n inmediata son dos: El extranjero no tiene la documentacià ³n adecuada.à El extranjero ha tergiversado, falseado o presentado informacià ³n falsa para lograr o intentar conseguir un documento, la entrada en EEUU, u otro beneficio bajo las leyes de Inmigracià ³n. En este punto entran situaciones muy distintas, como hacerse pasar por otra persona, se tiene intencià ³n de emigrar a Estados Unidos y se obtuvo una visa de turista diciendo que sà ³lo se querà a pasear, etc. Si esta es la causa, las consecuencias pueden ser muy serias. Desde el punto de vista tà ©cnico, son las inadmisibilidades 212(a)(6)(c) -por informacià ³n tergiversada o falsa o lo que se conoce en inglà ©s como material misrepresentationà y la 212 (a)(7).à La expulsià ³n inmediata y dà ³nde se aplica Originalmente, la expulsià ³n inmediata sà ³lo se aplicaba en la frontera. A partir de 2004 se aplicà ³ a aquellas personas que se encuentren hasta 100 millas de cualquier fronteraà y que no puedan demostrar que llevan ms de 14 dà as continuos en el paà s. A partir de estos momentos ICE tiene autorizacià ³n para deportar siguiendo este procedimiento rpido sin necesidad de pasar por Corte a todos los migrantes que no puedan demostrar dos aà ±os seguidos de presencia en EE.UU. La nueva polà tica aplica a lo largo y ancho del paà s. Aunque en principio los canadienses y los mexicanos no pueden ser expulsados inmediatamente, a menos que tengan un rà ©cord de violaciones migratorias o un historial criminal, en la prctica es muy frecuente que los mexicanos indocumentados detectados tras cruzar la frontera sean retornadosà voluntariamente. Excepciones: quià ©nes no pueden ser expulsados inmediatamente en la frontera No pueden ser deportados mediante expulsià ³n inmediata; los menoresà los residentes legales las personas que piden asilo y pasan una entrevista miedo de persecucià ³n creà ble Consecuencias de una deportacià ³n fast-track Una vez que se es expulsado, no podr regresar a EEUU por un periodo de cinco aà ±os. Adems, es posible que a ese castigo puede que se tenga que sumar el de la causa deà inadmisibilidad. Por ejemplo, si se intentà ³ ingresar con una visa falsa habr el castigo de la expulsià ³n y el de la falsedad. En casos especà ficos es posible pedir un perdà ³n, conocido como waiver. Pero tener en cuenta que en muchos casos tendrà an que pedirse dos: uno por la expulsià ³nà y otro por la causa de inadmisibilidad. En todo caso, consultar con un abogado ya que los perdones no son fciles de obtener. Otras situaciones que se pueden producir en una frontera de EEUU Ya que son frecuentes las expulsiones en la frontera a continuacià ³n se detallan otras situaciones que pueden darse en la misma: Se le dice al extranjero que se vaya. Esto sà ³lo sucede si se llega a pie o en auto. Son casos excepcionales y, en realidad, muy beneficiosos para la persona. Ejemplo, si se est casado con un ciudadano americano y se est en un proceso de ajuste de estatusà y se sale de EEUU y cuando se quiere regresar no se tiene en mano el advance parole porque se ha olvidado. En este caso la persona debe irse, buscar su documento y proceder a ingresar con toda la documentacià ³n en regla. Se da un parole. Es decir, se le deja entrar pero tiene que seguir una tramitacià ³n para poner al dà a la situacià ³n. Retirada de la aplicacià ³n Conocida como withdawal of application,à en inglà ©s). Aquà el inspector de Inmigracià ³n autoriza al extranjero a retirar su peticià ³n de admisià ³n a los Estados Unidos. Se tendr que regresar a su paà s,à pero no hay expulsià ³n inmediataà (lo cual es una gran ventaja porque como se ha dicho la expulsià ³n acarrea un castigo de cinco aà ±os). En los casos de retirada de la aplicacià ³n se puedeà solicitar una visa al consulado. Puede que no la apruebe, pero se sabr ms de la razà ³n y cul es el problema. (Puede ser algo tan simple como que no se puede probar satisfactoriamente que no hay intencià ³n de emigrar a Estados Unidos,trabajar sin los debidos papeles,à de tener lazos econà ³micos y familiares suficientemente fuertes en el paà s de residencia,à etc).à Por lo tanto, si a una persona no le dejan ingresar a EEUU lo primero que debe hacer es saber si fue expulsada o si es un caso de retirada de la aplicacià ³n.à Para ello mirar el pasaporte o/y la copia de un documento que posiblemente se ha firmado. Caso especial del Programa de exencià ³n de visaà (Visa Waiver Program, en inglà ©s) Los ciudadanos de paà ses en ese programa, entre los que se encuentran chilenos y espaà ±oles, pueden entrar como turistas o en visita de negocios en EEUU por un mximo de 90 dà as sin necesidad de pedir una visa. Si no salen del paà s al transcurrir los tres meses habrn violado su estatus migratorio y podrà anà ser deportados sin audiencia judicial y sin derecho a apelacià ³n. En otras palabras, pueden ser objeto de una expulsià ³n inmediata. Este es un artà culo informativo. No es asesorà a legal.
Tuesday, November 5, 2019
Should You Become a Truck Driver
Should You Become a Truck Driver Whether youââ¬â¢re contemplating a career change or are in the midst of a trucking program and having second thoughts, Smart-Trucking.com has some helpful advice to help you make your decision! Freedom of the RoadA crucial factor in whether youââ¬â¢ll enjoy trucking is where youââ¬â¢re able to drive- try to sign on with a company that has routes where you want to go! The truckers who blog over at Smart-Trucking still appreciate the scenery and beauty of our landscape. You also enjoy independence- checking in with your dispatcher or a family member may be all the talking you do in a day. And hey, for some, thatââ¬â¢s exactly the right amount.Long Haul SkillsWhen youââ¬â¢re on the road for a long haul, thereââ¬â¢s pretty much no choice but to develop your driving skills, adapt to weather and other challenging conditions, and get proficient in basic servicing for your vehicle. Maintaining your truck and your own sense of professionalism boost self-respect and can even translate to other career fields down the road.Residential FlexibilityAs long as the place you call home is on your route, you can live wherever youââ¬â¢d like as a trucker. This may be particularly compelling if you love small towns but know thereââ¬â¢s not enough work to sustain you there. You wonââ¬â¢t have to relocate or worry about your commute because the job is the commute!I hope this perspective helped clarify your stance. Is truckingà the right career for you? Anything youââ¬â¢d do differently, if you had it to do over again?
Sunday, November 3, 2019
Community Needs Assessment for the Population of Little Havana Essay
Community Needs Assessment for the Population of Little Havana - Essay Example Little Havana is an urban area in the Miami city setting as characterized by a robust street life, good restaurants, several enterprises, parks, banks and a few cigar factories. The housing structures are mainly apartments although there are other housing structures. Physical Environmental Considerations General Identifying Data Little Havana is a neighborhood in west of downtown Miami in Florida, in the Miami-Dade County. Like the rest of Miami, Little Havana is an area in a larger plain topographically, with the Miami River forming its boundary to the North (Miami.gov.com, 2010). The climate of the larger area, city of Miami, is described as semi-tropical although there are a few extreme weather conditions due to hurricanes. The annual average rainfall is usually about 60 inches, with the months of July and August being both the hottest and the wettest. Most of the days are sunny but neither humid nor hot, and nights are characterized by cool temperatures. Boundaries and Area Little Havanaââ¬â¢s boundaries are the Miami River in the north, SW 16th Street in the south, the SR 9/West 27th Avenue westwards and I-95 in the east. It has also been said to extend as far west as LeJeune Road/West 42 Avenue when taking considerations of the demographics that describe the area. The area occupied by Little Havana is officially cited as 4.208 square miles although the area is said to extend for example westwards (Miami.gov.com, 2010). Environment In terms of sanitation, Little Havana is served by the Miami-Dade County Water and Sewer Department. Since the major form of housing is composed of apartments, Little Havanaââ¬â¢s water, sewer services, garbage considerations follows these lines. In this regard, it is observed that most of the apartment owners pay for water supply, sewer and trash removal. The Little Havana community is thus not in hazard from lack of water supply, sewer and garbage collection. The other consideration is pollution which has to take in to account the not only the larger Miami city area but also the state of Florida. First, Miami-Dade County ranks in the upper percentile in terms of water and air toxicant releases. Florida is also home to 7 of seven air polluters under watch from the federal EPA. Although, most of the figures are still below the harmful levels, the state and thus the residents in Little Havana are exposed to averagely higher levels of releases than the national averages. The pollution index for the Little Havana neighborhood is 43,296,200, whereas for the state of Florida the figure is 16,442,453 and the national average is a significantly lower 6,623,939. This means that the Little Havana community is at greater risk than the rest of the USA from chemical releases that include ozone depleting substances like 1,1-dichloro-1-fluoroethane and cancer risk substances such as chromium (Scorecard, 2011). A consideration closely related to overall pollution is the air quality. As discussed earlier, Florid a has 7 factories under the watch-list of federal EPA, and although the air is clear and odorless, particulate releases are present including ash and carbon. The Air Quality Score for Little Havana (also for Miami and the rest of Florida) is 33, while the national average is 37. Due to this, the residents of Little Havana are subjected to averagely higher risks of carcinogenic, developmental, immunotoxicant and skin toxicants than the rest of the USA (Scorecard, 2011). Little Havana and the wider state of Florida has stable food supply from the sea, farms and processed sources. Little
Friday, November 1, 2019
Assessment Of My Leadership Styles Coursework Example | Topics and Well Written Essays - 1000 words
Assessment Of My Leadership Styles - Coursework Example Evidently, I am a worthwhile leader who has been helping my organization to grow. Such leadership styles have been attainable mainly because of my admirable leadership qualities such as confidence, cooperation, commitment, tolerance, creativity, accountability, and honesty. These are traits which if nurtured, can make me be a great leader in future. However, for me to achieve much, I need to undertake a lot of training on communication and critical thinking skills. These can be of great importance because they can enable me to develop effective interpersonal communication skills which are necessary for creating healthier interpersonal relations with everyone around me. Besides, it would make me be a model leader whose traits should be emulated. In conclusion, I would like to agree with the assertion that leadership is innate. However, everyone should go ahead to learn good leadership strategies and nurture them. Having known exactly what I want, I have become a conscious leader who i s very concerned about the welfare and prosperity of my workers. With democratic, laissez-faire and transactional leadership styles, I have a long way too. However, I need to acquire the necessary training that can help me to have a self-awareness, identify my weaknesses and make the necessary improvements. Even before filing the inventory, I knew that I am a transactional leader. Since I assumed power, I have been keen on the performance of my juniors. Anyone who demonstrates exemplary performance has been offered contingent rewards.
Subscribe to:
Posts (Atom)