There comes a time when a California labor lawyer must choose which state or federal agency to file a complaint with for a client's age discrimination, and a California labor attorney has a tough choice. Equally tough are the short statutes of limitation a labor lawyer in California has to file age discrimination complaints.
If you've been the victim of age discrimination in California, visit our website at http://www.CaliforniaAttorneysLawyers.com and call us at any of the numbers easily found on our website.
Congress passed the Age Discrimination in Employment Act (ADEA) of 1967 to address the practice of employment discrimination against older workers, and especially to redress the difficulty such workers face in obtaining new employment after being displaced from their jobs. It applies to employers with 20 or more full-time or regular part-time employees for each working day, in each of 20 or more calendar weeks, in either the current or preceding calendar year.
But for most California labor attorneys and CA labor lawyers, the choice of government agencies to contact to file an age discrimination complaint, much less for their clients, is a maze of confusing acronyms. The time limits to file such complaints are also hazardous to both the clients and their California labor lawyers.
The ADEA prohibits discrimination in employment against workers age 40 or older and makes it unlawful for an employer to discharge any individual or otherwise to discriminate against any individual with respect to his or her compensation, terms, conditions or privileges of employment.
The Department of Fair Employment and Housing (DFEH) and the Equal Employment Opportunity Commission (EEOC), can and are willing to investigate such matters jointly, though one agency will usually take the lead.
The Supreme Court has made it significantly easier for the elderly client of a California labor attorney to prove age discrimination. Disparate treatment may be proved by circumstantial evidence. Where an employer has already hired significantly younger women to replace a person over 40 that they have fired, this evidence may be persuasive.
Where the employer has obtained any waiver of rights from the fired person, even a valid ADEA waiver does not affect the EEOC's rights and responsibilities to enforce the law.
With the DFEH, the fired worker need only make an appointment to begin the process. The statute starts to run when the employee files a claim. With the EEOC, once the employee or the employee, with or without the assistance of a California labor lawyer, files an intake questionnaire and an affidavit describing the discrimination, the filing requirement will be met with the EEOC, after which the EEOC will notify the employer of the filed charge. Any further disparate actions taken against the fired worker after the ex-employee begins the process will be considered retaliatory by both agencies.
The ADEA incorporates the enforcement and remedial provisions of the Fair Labor Standards Act (FLSA). FLSA remedies include awards for backpay, reinstatement or front pay. The amount of front pay may be affected by the lack of availability of employment opportunities open to the fired employee. In addition, the employee may be entitled to an additional amount in liquidated damages upon establishing that the employer's actions were willful. Indeed such an award is mandatory upon a finding of willfulness.
If the ex-employee is successful in his or her ADEA case, she may also recover attorney fees. Employers who think they can prevail and obtain attorney fees themselves are incorrect, as a California labor attorney might tell them, as that is not the case. The ADEA does not authorize fee awards to a prevailing defendant.
The California Fair Employment and Housing Act also prohibits age discrimination in employment and its remedies are in addition to those with the EEOC. With the FEHA, the fired employee is also be eligible to receive damages for emotional distress as well as punitive damages. The FEHA applies to all employers with five or more employees. And as with the federal rules, discrimination based on age over 40 is prohibited.
Should the employer take any retaliatory actions against the ex-employee for filing a claim with the EEOC, the DFEH, or the Department of Industrial Relations, each agency prohibits such actions and will consider them to be further violations of the law.
So where should a California Labor Lawyer file his or her client's claim if they have been the victim of age discrimination, harassment or retaliation? And how long do they have to file it?
Age discrimination complaints can be filed with the DFEH, with the EEOC and with the Department of Labor Standards Enforcement (DLSE) but are most commonly filed with the DFEH and the EEOC.
With the DFEH, the interviewing consultant drafts a formal complaint. If the complaint is accepted for investigation, the complaint is also filed with the EEOC. After the DFEH issues an accusation, the DFEH may litigate the case in a public hearing before the Fair Employment and Housing Commission. If emotional distress damages or administrative fines are sought, the employee can have the case moved to a civil court. If the case is moved to court, the DFEH prosecutes, but the complainant is the real party in interest.
Government codes section 12965(b) requires that individuals, with or without their California labor attorneys, must exhaust their administrative remedies with the DFEH by filing a complaint and obtaining a "right-to-sue notice" from the Department before filing a lawsuit. The DFEH, however, will accept requests for an immediate "right-to-sue-notice" from persons who have decided to proceed in court. A DFEH complaint must be filed within one year from the last act of discrimination or you may lose your right to file a lawsuit.
Once a "right-to-sue-notice" is received from the DFEH, the employee and his or her California labor lawyer, has one year to file a civil lawsuit. Failure to do so may again cause you to lose your right to sue.
Common mistakes by harassment victims are not telling the person doing the harassment to stop, not documenting the harassment by that person, not reporting the harassment to your superiors, not making sure the employer is taking action to end the harassment, not obtaining medical or psychological help when needed, not realizing that retaliation is illegal, accepting the word of your employer that you do not have a case for harassment or discrimination, not filing a DFEH, EEOC or DLSE/DIR complaint within the time allowed, not having an attorney assess whether any arbitration agreement is binding, and not consulting with an attorney.
A complaint to the EEOC under Title VII of the Civil Rights Act of 1964 must be made within 180 days from the date of the incident. This period, however, is extended to 300 days if the employee also files a complaint with the DFEH. Complaints of discrimination commonly include discrimination based on race, color, religion, sex, national origin, age, handicap, sexual orientation and retaliation or reprisal. That time period, however, can be reduced to as little as 30 days after a complainant receives notice that a state agency such as the DFEH has terminated its processing of a charge. It is thus best to contact the EEOC immediately whenever discrimination is suspected because of its short statutes of limitations.
In addition, many governmental agencies require that for an employee or applicant for employment to preserve their rights under EEO laws, they must contact an EEO Counselor within 45 calendar days of the alleged discriminatory action. There are exceptions and grounds for extending this period, but a complainant does not want to be in a position to be having to argue those grounds as the complaint may be deemed too late to be accepted.
Once a complaint is filed with the EEOC, if the EEOC finds substantial evidence of discrimination, it will file a lawsuit. If the EEOC does not find sufficient facts to support the complaint, it dismisses the complaint and issues a "right to sue" letter to the complaining party. A lawsuit must then be brought by the complaining party within 90 days of receiving the Right to Sue letter from the EEOC.
A much less publicized and less known agency in the State of California at which complaints for retaliation and discrimination can be filed is with the Division of Labor Standards Enforcement (DLSE) of the Department of Industrial Relations (DIR). An employee or job applicant alleging violation of any law under the jurisdiction of the Labor Commissioner must file a complaint with the DLSE within six months of the adverse action. Adverse actions include unlawful discharge, demotion, suspension, reduction in pay or hours, refusal to hire or promote and other actions. There are, however, some exceptions to the 6-month deadline, but again, it is best to file a complaint as soon as possible to ensure that it is timely.
Filing a complaint with the Labor Commissioner does not prevent a person from filing a private lawsuit. While it can be costly to hire a California labor lawyer on an hourly rate to file such a lawsuit, some California labor attorneys will handle the case on contingency.
Finally, an employee or job applicant who alleges retaliation for having complained about a workplace health or safety issue has the right to file a concurrent complaint with the federal OSHA within 30 days of the occurrence of the adverse action.
Having said all of that, it is clearly within the jurisdiction of the EEOC to enforce the Age Discrimination Act of 1967 which protects against discrimination against people who are 40 years or older. The shorter time limits one has to file a complaint with the EEOC, however, causes many to file complaints with the DFEH instead. And for the most part, most people don't even know about their rights to file complaints with the DLSE.
An advantage of filing with the EEOC, is that some applicants find that they also have a valid complaint under the Equal Pay Act of 1963, the laws of which are also enforced by the EEOC (although California also has an Equal Pay Law). The EEOC also enforces the Americans with Disabilities Act of 1990 as amended in 2008 and the Rehabilitation Act of 1973.
Visit our website at http://www.californiaattorneyslawyers.com if you are the victim of age discrimination in California. We have the knowledge and resources to be your California Labor Lawyer and California Labor Attorney anywhere in Southern California.
Las Vegas, NV a" January 25, 2010 a" Pacific Timesheet has announced that it has significantly enhanced its support for California labor rules such as meal penalty rules and split shift premium rules.
The state of California requires that certain classified non-exempt or hourly employees are paid a meal penalty equal to one regular hour of pay if they miss a meal after more than five hours of continuous work. In addition, California requires employers to pay non-exempt or hourly employees a premium if the time that lapses between shifts is more than one hour.
Jim Dickerson, VP of Operation stated, "The challenge of complying with California labor laws is not just how they are defined today. Ongoing cases each year have made complying somewhat of a moving target. Pacific Timesheet's highly configurable support for complying with these laws has been an advantage our customers with operations in California have been looking for."
According to the California Labor Code, aIn California, an employer may not employ an employee for a work period of more than five hours per day without providing the employee with a meal period of not less than thirty minutes, except that if the total work period per day of the employee is no more than six hours, the meal period may be waived by mutual consent of both the employer and employee. A second meal period of not less than thirty minutes is required if an employee works more than ten hours per day, except that if the total hours worked is no more than 12 hours, the second meal period may be waived by mutual consent of the employer and employee only if the first meal period was not waived.a
Dickerson continued, aPacific Timesheet provides support for an unlimited number of rule combinations, which includes rules for employees who sign a meal penalty waiver and those who do not sign a meal penalty waiver.a In addition, Pacific Timesheet has provided support that allows for individual meal penalty overrides or split shift overrides or waivers with a detailed comment for auditing for circumstances where the penalty or premium needs to be modified according to the California labor code. Pacific Timesheet also provides extensive support for California overtime rules, including consecutive-day overtime rules.
About Pacific Timesheet
The Company is headquartered in Las Vegas, Nevada, and has offices throughout North America and Europe. Pacific Timesheet is an equal opportunity employer always in search of talented professionals interested in the development and application of proven software technologies. Pacific Timesheet's Time Management Systems are used by some of the world's leading organizations such as Applied Materials, BCD Travel, Joy Mining, Ontario Institute for Cancer Research, NOAA, New Visions for Public Schools, University of Massachusetts and many more. If you need additional information about Pacific Timesheet go to www.pacifictimesheet.com, or call 866-416-2061 ext. 1. Pacific Timesheet is a leader in providing timesheet software as a service and time tracking software. Its flagship product, Pacific Timesheet, provides unprecedented ease-of-use, flexibility and reliability for time and attendance, time off and absence management, payroll timesheets and project/job time tracking. Built on platform, database, and browser-independent technologies that can be implemented either on-premise or on-demand, Pacific Timesheet provides an enterprise-ready solution that is easy to use and implement for companies across the globe. About Pacific Timesheet Enterprise
Pacific Timesheet is a leader in providing timesheet software as a service and time tracking software. Its flagship product, Pacific Timesheet, provides unprecedented ease-of-use, flexibility and reliability for time and attendance, time off and absence management, payroll timesheets and project/job time tracking. Built on platform, database, and browser-independent technologies that can be implemented either on-premise or on-demand, Pacific Timesheet provides an enterprise-ready solution that is easy to use and implement for companies across the globe.
You are not alone if you think that someday you will be rewarded for your work, that someday you will get what you deserve. All employees love to believe that the company will pay off for their hard work and loyalty towards the company. They dream to be promoted or get rewarded in cash or kind. Unfortunately this dream hardly comes true. May be you will find only one person in a million whose hard work has been recognized.
The sole motto of an employer is to exploit the employee. The only thing that an employer looks for is an employee's ability to contribute to the company's growth. All they want their employee to do is to increase revenue of the company. But they don't bother to consider what they should pay in return.
It is really very frustrating to find that you are devoting all your time and effort to help your employer make more money with no reward. You are nothing more than a low paid employee or rather a money making machine for your employer.
Well, you are not the only person who is being deceived by the employer. This is not at all a rare case. Rather exploitation is a common work place phenomenon in New Jersey. All the employers exercise their power to hire and fire an employee. They also utilize their power to offer salary to the employees depending on their ability to contribute to the company to the bottom line.
Fortunately New Jersey has plenty of laws to protect the interest of the employees. The laws safeguard the employees from corporate greed. If you feel that your employer has been exploiting you and you want to take legal action against your employer seek help from an employment attorney who is experienced and well aware of the legalities.
Most of the corporate bodies design some rule and regulations in order to provide the employees with a safe and healthy work environment. But often these rules and regulations are violated. If you feel deceived, harassed or discriminated you can sue your employer for being treated badly.
No matter where you work. As per the employment law of New Jersey there should be no discrimination on the basis of gender, race, nationality or religion. If you feel that you are being discriminated on the basis of any of these criteria contact a New Jersey Employment Lawyer.
In any kind of hostile situation an employment attorney can be of much help. If you think that your colleague even if he is not equally efficient is being promoted because he belongs to another community, you can undoubtedly bring discrimination charge against your employer.
Hiring an employee needs a little investment but it will pay off in the end as the lawyer will ensure that nobody can deprive you from your rights. To get a competent lawyer visit 800 New Jersey lawyer directory.
Ashley Smith is an employment attorney who writes on various topics like New Jersey Employment Lawyer, employee rights etc. He recommends that you have a look at http://www.schallandbarasch.com/ for details about employment law.
The inherent difficulty of balancing a new child and a career can become even more challenging when employees face discrimination in the workplace. New Jersey pregnancy discrimination is illegal.
To establish a valid legal claim for pregnancy discrimination in New Jersey, you do not have to establish that an employer fired you only because of your pregnancy. You simply have to establish that your pregnancy was part of the reason for the discrimination you have encountered.
Pregnancy discrimination in New Jersey can be difficult to prove. Generally, these claims involve upon circumstantial evidence rather than direct proof. However, the New Jersey Family Medical Leave Act is in place to protect you as an employer. A pregnancy discrimination attorney can leverage this act to support your case.
Pregnancy discrimination cases in New Jersey always present a challenge. Although a boss may make comments regarding the hardships of your maternity leave on the company or negative remarks regarding your time off from work, the evidence may not be quite so clear. We consider history of terminations surrounding pregnancy in the company, or consider the time between your announcement of pregnancy and the termination of your position as well as many other factors including the reason given by the employer. This is why retaining an experienced New Jersey pregnancy discrimination attorney is critical to a successful outcome of the case.
A skilled employment lawyer has the experience necessary to effectively handle NJ pregnancy discrimination claims involving complex evidentiary matters. Most experienced employment and discrimination lawyers have obtained millions of dollars in settlements and verdicts for thousands of clients. If you have been terminated while pregnant or immediately after you have given birth, you may have a legal claim for pregnancy discrimination. You should immediately discuss your legal remedies with one an experienced employment law attorney in New Jersey.
As a result of the first bill signed by President Obama, women finally have a much greater chance of receiving pay that is equal to what men receive for the same work from an employer. However, it is still likely to require the filing of numerous lawsuits before employers come to grips with the fact that they can no longer get away with paying less money to women.
On January 29, 2009, President Obama signed into law, the Lilly Ledbetter Fair Pay Act of 2009, the first bill signed into law by the President paving the way for these lawsuits to require that equal pay be given to women, by way of seeking back pay awards for the difference they were paid and what men were paid for the same work.
If you have been discriminated against in your employment in California by receiving less pay for the same work performed by persons of the other gender, even though the statute of limitations has been extended by this Act, you still need to speak with a women's rights lawyer or an employment attorney as soon as possible.
If you are a woman and you've been receiving less pay than men are receiving for the same work from the same employer, visit our website at http://www.sebastiangibsonlaw.com and call us at any of the numbers easily found on our website.
Prior to the Act becoming law, as a result of a Supreme Court ruling, women were required to file suit within 180 days after first being paid unfairly, even if the discrimination of being paid less than male workers in the same jobs continued.
And if a woman failed to discover that male workers were being paid more for the same work, a woman still could not hold her employer accountable if she didn't learn of the unfairness and take action within 180 days of first being paid the lesser rate.
Under the Fair Pay Act of 2009 signed into law by President Obama, the statute of limitations of 180 days starts with each discriminatory paycheck, rather than when the employer starts to discriminate. So long as a woman in CA files her claim within 180 days of receiving any discriminatory paycheck, not just the first one, she is considered timely in bringing her claim.
An important aspect of the Act is that the effective date of the Act is retroactively set at May 28, 2007, which will allow it to apply to all compensation discrimination claims that have been filed on or after that date.
Women can sue for back pay awards for up to two years before she files her employment discrimination claim under Title VII of the Civil Rights Act of 1964. The Fair Pay Act of 2009 does not change the two-year back pay limit.
The Fair Pay Act is a major victory for women in California who have long been discriminated against in the pay they receive for the same work that men perform and are paid substantially more in many places. It has been determined that women have been earning only 77 cents for every dollar a man earns. This Act will likely go a long way in addressing that unfairness, although it will likely require a good many lawsuits to hammer this home to employers who discriminate against women in their pay guidelines.
With the signing of this Act into law, initial victories in CA against an employer will likely lead to settlement of other lawsuits for co-employees who have been discriminated against in the same manner by the same employer.
Those who would say that the Act will lead to the employment of less women in such positions by employers fearful of such lawsuits simply don't understand the anti-discrimination laws in this country and the greater risk employers would be taking if they adopted such a discriminatory stance in their hiring practices.
Even with the retroactive effect of the Act, employers in California may be slow to increase the salaries and hourly rates of their women employees until lawsuits begin to fly. Employers who have previously gotten away with discriminating against women in CA may only react in more numbers when they begin to feel the full weight of the law themselves or see large judgements against other employers who have discriminated against women.
Visit our website at http://www.sebastiangibsonlaw.com and call us if you have been discriminated in your pay from an employer in California based on your being a woman, compared with the pay received by men for the same work
The votes in favor of the bill in the Senate included every Democratic senator except Senator Edward Kennedy who was absent because of his health, and all four Republican women senators. Every Republican male senator except Arlen Spector voted against it. If that won't come back to haunt the Republicans in the next election, it is hard to imagine what else they will do to alienate themselves more from the women's vote.
Under the Act, an unlawful practice occurs when a discriminatory compensation decision or other practice is adopted, when a person becomes subject to the decision or practice, or when a person is affected by the decision or practice, including each time wages, benefits or other compensation is paid.
Visit our website at http://www.sebastiangibsonlaw.com if you have an employment discrimination case involving unequal pay due to your gender in California. We have the knowledge and resources to represent you as your California Women's Rights Lawyer and California Women's Rights Attorney for back pay resulting from discriminatory compensation by employers in San Diego, Orange County, Palm Springs and Palm Desert, Long Beach, Santa Barbara, Santa Ana, Anaheim, Irvine, Huntington Beach, Newport Beach, Carlsbad, Oceanside, Los Angeles, Riverside, San Bernardino, Ontario, Rancho Cucamonga, Apple Valley, Santa Monica, Ventura, El Centro or anywhere in Southern California.
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AUSTIN (AP) — Texans are paying too much to attract major economic development projects, particularly farms of wind-powered electric generators, according to a study by the office of Texas Comptroller Susan Combs. The War on Drugs Has Failed
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Public concern grows that a lack of open conversation may lead to another financial collapse. At the core: The difference between legal and ethical in a high-stakes environment. Chicago Employment Attorneys Providing Employment Law Assistance
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[mage lang="" source="flickr"]employment law atlanta ga[/mage] Best place to live in Atlanta for young family?
We will be a mid to late 20's family with one kid and one dog relocating from ft. benning, ga to Atlanta. Wife is an accountant, I will seek employment with local law enforcement depending on where we end up. Looking for a place that is relatively safe, good schools, house prices that match our jobs, diverse would be nice, close enough so I can take my son to some ballgames. Any help would be appreciated.
Northen Dekalb County, in the cities of Chamblee, Tucker, Dunwoody, and (to some extent) Doraville. They are very diverse neighborhoods, close to 285 and 85, and the schools are great. The only flaw may be that the property values are pretty high, possibly in the 200s +.
or
Southern Gwinnett County, in the cities of Lilburn, Norcross, Duluth, and Snellville. Again, good schools and neighborhoods, but a bit pricey.
If you want a lot of property for a little money, I would suggest Douglasville in Douglas County, and Conyers in Rockdale County. The areas are good, but much further from d-town ATL.
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I have been an agency temp for 3.5 years - is there any obligation to offer me a permanent position?
Through my agency I have worked for a Local Authority for 3.5 years in a substantiated post. I would like to have the benefits of full time employment, are there any employment laws that stipulate temps should be offered a contract after a certain period of time (in the UK).
The short answer is no.
If you want the benefits of a full time position, ask them or someone for such an opportunity.
UCC UNIFORM COMMERCIAL CODE, CANON LAW CORPORATE LAW COMMERCE UK and worldwide
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I have a clause in my employment contract that states I cannot work for a direct competitor company within 6 months of my departure. This seems unenforceable to me because once your employment ends, so does the employment contract and thus the clause contained within it. Is that correct?
UK/English law.
http://en.wikipedia.org/wiki/Non-compete_clause
You can always get a job that has nothing to do with your previous job, but this contract was set up for a reason, so you will either have to sit it out for 6 months or find another job that has nothing to do with your prior job. Technically your contract you signed is in effect for 6 months, regardless if you work there or not.
Borg Knight Employment Solicitors
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ITUC Spotlight interview with US Domestic Workers United
Brussels, 29 November 2010 (ITUC Online): As of 29 November this year, domestic workers in New York State finally have a number of rights recognised, following the enactment of a new Bill of Rights specifically protecting them. XpertHR valuable tool, by Fentons Solicitors
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Is their a UK Government Body or Department that protects Employees? I think my wife's Employer is conning his staff and I wondered who I could report them too. There is NO head office to refer it to and the person doing the conning (in my opinion) is the Employer himself. I've already tried ACAS and they weren't much use.
I had a wry smile to myself when I read your question; the husband of an otherwise satisfactory employee of mine drove me close to dismissing her based on the amount of time he was wasting sending letters about how she wasn't being treated properly and how he was going to report me to ACAS, the police and Trading Standards - the whole incident based on the fact that she'd made a mistake with her NI number and a request had been made to her to provide her NI card or a document with the number printed to prevent the mistake being repeated.
All that by way of saying that your wife is an adult and that, while it's laudable that you're trying to protect her, you really shouldn't be creating an atmosphere in her workplace that she'll have to deal with while you're remote in the background and safe from fallout. If she's being 'conned' then there are avenues which your wife can pursue, perhaps with your assistance if she asks for it.
XpertHR: New UK Government
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How i can get a helping hand from Donors for the rehabilitation of Special Persons in Pakistan?
We are Lawyers working for the rehabilitation of Disable Persons through employment under Secial law of the country. We provide them Legal Aid via taking/contesting their cases in the proper Courts of law. At preset we are facing difficulties in collecting DATA of Special persons, approaching them, convincing them, make them ready to avail their rights and contest their cases in the proper court of the country. Viewed in this direction we need financial aid from all the donor agencies in this humble task
Sounds like a scam to me!
Current Issues In Employment Law That HR Needs To Know About
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[mage lang="" source="flickr"]job employment law in texas[/mage] Would Texas fair better today as its own country, instead of an American state?
This is just a curiosity question and nothing against the U.S. I was wondering with Texas' business laws, taxes, natural resources, labor laws etc., would Texas fair better as its own nation, even if they had to make their own international treaties and print their own money, than remaining in the U.S.?
One thing that has sparked this question, is that Texas is growing fast and has become a major player like California but unlike California, this recent economic downturn hasn't brought Texas to its knees and in fact, Texas major cities are fairing the best in employment and job growth for the future. California (where I am from) is over $40 billion in the hole and begging Washington like a panhandler for handouts.
Texas, by itself, is the world's 15th largest economy. We'd do just fine.
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An administrative law judge has upheld the outcome of a July 31 election at Foxwoods Resort Casino in which employees in the casino's beverage department voted to affiliate with Local 371 of the United Food and Commercial Workers Union. Labor Law Posters: Federal Labor Law Poster
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[mage lang="" source="flickr"]fair employment law in california[/mage] Would Texas fair better today as an independent country?
This is just a curiosity question and nothing against the U.S. I was wondering with Texas' business laws, taxes, natural resources, labor laws etc., would Texas fair better as its own nation, even if they had to make their own international treaties and print their own money, than remaining in the U.S.?
One thing that has sparked this question, is that Texas is growing fast and has become a major player like California but unlike California, this recent economic downturn hasn't brought Texas to its knees and in fact, Texas major cities are fairing the best in employment and job growth for the future. California (where I am from) is over $40 billion in the hole and begging Washington like a panhandler for handouts.
it would fare better than any other state
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Globalization; Challenges to the Equalization of Opportunities to the Disability Movement
INTRODUCTION
Human communities worldwide have tended to move gradually to develop closer associations over a long time. However, lately the speed of the movement appears to have considerably accelerated. For instance, the invention of the jet planes, the computer chip, and availability of electronic mail (email), cheap telecommunication services, huge but fast sea vessels, instantaneous financial transactions across national borders, all seem to contribute to the movement to make the globe even more mutually dependent than ever. The production and provision of branded goods and services by transnational corporations (TNCs) such as Coca- Cola, Colgate-Palmolive, Dulux Paints, Barclays Bank Gestetner, McDonalds, Kentucky Fried Chickens, Nandos, Dunlop, and Ford to name a few, marketed throughout the world, all seem to contribute to make the globe a more symbiotic place. The exchange of information and communication technological knowledge along with products and finances, ideas and cultures now seem to circulate more liberally. And this seems to be the current and future trend.
Globalization undoubtedly, appears to be one of the most prominent aspects of the present century. Consequently, laws, economies, and social engagements seem to now form at the global level. Professionals, politicians, intellectuals and journalists seem to treat the global trends as both predictable and generally welcome. And for some of the world's population, globalization has increasingly become a catchphrase or buzzword and may mean getting rid of the old ways of life and hostile livelihoods and cultures (Guinness, 2003).
However, signs of globalization of the past few decades are recent compared to at least four other major phases that appear to have shrunk the world throughout history. Historically, globalization can be viewed as having been signaled by;
The cross-oceanic European voyages of discovery from 1492 to about 1565 (Guinness, 2003).
The forced migration and translocation of Africans and Indians into slavery and indentured labour to the plantations in the West Indies.
The massive human migration of the 1930 from Europe and Asia to the Americas (Ingstad and Whyte, 1995).
The economic depression of the 1930s (Stiglitz, 2002).
While each of these earlier episodes of globalization saw rapid growth in world economy, Guinness (2003), contends that they tended to exert a heavy human toll especially on the less economically developed nation states. In addressing the challenges and opportunities of globalization, there currently appears to be increasing global concerns with both the positive and negative impacts of this phenomenon on the local, national and international levels of developments in all spheres be they social, political, or economic (Priestley, 2001). Of concern in this essay, is the area of disability and how globalization has impacted on the challenges or opportunities for disabled people.
lthough Lauder, Brown, Dillabough and Halsey (2006) note that most researchers on globalization have tended to focus on particular aspects, globalization, however, appears to be multi-dimensional (Waters, 1995; Cheng, 2004). Hence, perceptions on the phenomenon tend to be varied and accordingly, the definitions of the term so far postulated, appear "fuzzy". And indeed Lauder et al (2006) observe that there is no agreed definition as yet because it appears globalization represents a process that is never ending and cannot be thought of as either cyclic or evolutionarily progressing from simple to complex.
Indeed, with a new crop of writers such as Brown and Lauder (1996), Schirato and Webb (2003), Stiglitz (2002), Burbules and Torres (2000) and Bottery (2004), to mention a few, it appears a plethora of concepts which include, technological globalization, economic globalization and learning globalization, environmental globalization, demographic globalization, American globalization, (Nye, 2002) cultural globalization political globalization (Bottery, 2004) emerged, advancing new insights into the meaning of globalization. The list of the kinds of "globalization" appears endless and is on-going, as debate on the phenomenon continues to forge ahead. But according to Bottery (2004), some kinds of globalization are more pressing in their immediate effects than others. This paper examines and defines globalization from a general perspective and also explores how the globalization process has "pressed" on the creation of challenges and, or opportunities for disabled people worldwide. Other terms such as "disability" that are embedded within the globalization context will be defined as the discussion unfolds.
What is globalization?
While the terms "globe" and "global" appear to have been in English usage for over four centuries, the noun form "globalization" did not seem to be in common use until about 1960 (Guinness, 2003). According to Weekley (1967), in "An Etymological Dictionary of Modern English", the term "globalization" was first recognized in 1959 but remained dormant until the mid-1980s when its usage increased dramatically in academic language (Guinness, 2003). To some authors, the term seems to refer to the emergence of transnational organizations whose decisions tend to shape and constrain the policy options any particular nation state may wish to take (Burbules and Torres, 2000). To yet others, globalization may mean the "transition from national ‘walled' and regional economies towards global ‘free' trade and markets" (Lauder,et. al. 2006; 30). It may also, to yet others mean the impact of global economic processes that include production of standardized goods and services, consumption patterns and financial interdependence and "footloose" capital flows (Brown and Lauder, 1996). To still others, globalization means the appearance of new global cultural forms, media, information and communication technologies, which seem unrestricted by national borders (Held, 1991). It is perhaps, to political skeptics, where globalization can be viewed as a mental construct utilized by the state polity to garner support for or to squash opposition to reform resulting from mightier forces such as global trade competitions instigated by the World Trade Organization (WTO): or responses to structural adjustment programme (SAPs) demands of the Bretton Woods Institutes-the World Bank and International Monetary Fund) (Brown, 1999): or to obligations to fulfill agreements of intergovernmental organizations or regional economic blocs (Held, 1991) such as the European Union, The North American Free Trade Agreement (NAFTA), Economic Commission of West African States (ECOWAS), the Southern African Development Committee (SADC), or the Organization for Economic Co-operation and Development (OECD), that leave the nation state with no option but to play along an imposed set of global rules (Burbules and Torres, 2000).Guinness (2003; 3) posits that the nature of certain jobs tends to influence views when thinking of globalization. For instance, to Kofi Annan (the former United Nations Secretary General) globalization may mean "world inclusivity"; to depots and other like minded dictators, globalization may be perceived as meaning a threat to the national sovereignty of their nation states. While to Bill Gates of Microsoft Corporation, globalization may mean connecting the world virtually in cyberspace, by a world wide web. Thus, myriad views on globalization surfaced as the concept ignited across a wide range of intellectual interests with some views on the one end vilifying the concept and on the other, praising it (Stiglitz, 2002).
The use and popularity of the term "globalization" may be partly due to its vagueness and ability to assume different dimensions depending on the user and context. Held and Koenig–Archibugi (2003) and Schirato and Webb (2000; 1) concur and describe globalization as a word that is often used to designate the global power relations, practices and technologies that characterize, and help to bring into being the contemporary world. Robertson (1992) defines globalization as a concept that refers both to the compression of the world and the intensification of consciousness of the world as a whole. Waters (2001), in coining his definition argues that the most appropriate way of defining globalization would be to predict what a totally globalized world would appear to be like in the future. Waters (2001) therefore, visualizes globalization as being characterized by a single global society with a single culture, where there are no territorial boundaries which, in that status quo, seem to exist in principle for organizing social and cultural life and where there could be high regard for tolerance, diversity and individual choice. Waters (2001) also views the flow of trade as well as migration of people and ideas across national and political boundaries, as being interlinked and thus, forcing previously homogenous cultures to rationalize each other. Thus, globalization can be perceived s a process that simultaneously differentiates and homogenizes and consequently "pluralizing the world by recognizing the value of cultural niches" (Guinness, 2003; 2). From this vantage therefore, Waters (2001) defines globalization as;
A process in which the constraints of geography on economic, social and cultural arrangements recede, in which people become increasingly aware that they are receding and in which people act accordingly.
To an extent, Waters' definition of globalization seems to concur with Stiglitz's (2002; 9) description when he says globalization is fundamentally,
The closer integration of countries and peoples of the world which has been brought about the enormous reduction of costs of transportation and communication, and the breaking down of artificial barriers to the flow of goods, services, capital , knowledge and …people across borders.
To Waters (2001), globalization, not only is it a major historical process that impacts heavily on culture but is also, a central focus of attention of modern culture and economy. He contends that globalization has a tendency to take issues from the centre levels to the periphery. For instance, through the speedy and continuous transmission of the "so-called" western culture to peripheral communities, And vice versa, globalization has also tended to bring issues, from peripheral levels to the centre. For instance, the area of disability to be discussed below, has been taken seriously onto the agendas of supra national institutions such as the United Nations, International Labour Organization The Bretton Woods Institutes and the World Health Organization or to organizations that have merged with existing ones to function across borders. In this sense, it appears to me that the United Nations' programme of work on globalization is in response to the changing international context to promote effective development oriented disability policies and strategies. Accordingly, the aim of the United Nations through various arms such as the World Bank, World Health Organization, World Trade Organization, to name a few, is to ensure that disability policies and strategies and globalization function together to improve the health, welfare and rights of the poor as well as the disadvantaged population (World Health Organization, 2005).
Disability as a global concept: Historical background and definition of disability.
Disability is one socio-cultural issue that appeared to have remained in the periphery but has currently been brought to the centre of most global agenda. It is a term sometimes confused with two other terms "impairment and handicap. The terms "disability" "impairment" and "handicap" were often used interchangeably but in an unclear and confusing way, and may have tended to give poor guidance to policy-makers, for political action as well as for practical use. The terms used to be perceived from a medical and diagnostic angle (Shakespear, 2006).
What is a Disability?
Disability is a phenomenon that exists in all societies and tends to affect predictable proportions of each population (Metts, 2004). Although there are a number of definitions in use to describe disability, disability largely depends upon context. And apparently, universally, it appeared there was no agreed definition of disability until 1980. Historically, disability was on the one hand, viewed as a medical condition, with a medical problem located within the individual. Hence, some definitions tended to reflect this understanding that disability was an individual pathology; i.e. a condition grounded in the physiological, biological and intellectual impairment of an individual (Shakespear, 2006). The medical definitions gave rise to the idea that people were "objects" to be "treated", "changed" or "improved" and made more "normal" (Wolfensburger, 1972). The medical definitions tended to perceive the disabled person as having to "fit in" rather than about how society itself should transform. They did not seem to adequately explain the relationship between societal conditions or expectations and the unique circumstances of an individual. (A diagrammatic representation of the medical model is shown in the figure below).
The Medical Model of Disability
Disability can be viewed as a highly varied and complex condition with a range of implications for social identity and behaviour (Ingstad and Whyte, 1995). Therefore, a growing realization to articulate a definition of disability, which was in conformity with human rights values, principles and practices was needed. Whilst some disabled people may have medical conditions which impede them and which may or may not require medical treatment, current knowledge, technology and collective resources are already such that their physical or mental impairments need not prevent them from participating in community lives. According to Rieser and Mason (1990), it is society's unwillingness to employ these means to altering itself that causes disabilities. But, it seems at the centre of society, lies the values that respect the variation in human cultures and the appreciation that people are different on several considerations such as gender, race, class, sexuality, and disability (Lauder, et al, 2006; 29).
On the other hand , while the medical model seemed to be in vogue, it was challenged by disability activists who reconstructed disability as a social phenomenon (Shakespear, 2006). The social model of disability seems to draw a clear distinction between impairments, handicaps and disability, because society tends to ignore the imperfections and deficiencies of the surrounding environment which in turn tends to disable people by its failure to recognize and accommodate differences. And also, through the attitudinal and institutional barriers it erects towards people. Disability thus seems to arise from a complex interaction between health conditions, the social context in which they exist and the individual. To some, disability is a relative term with certain impairments becoming more or less disabling in different contexts. The figure below of the social model of disability serves to illustrate the disabling forces at work where the 'social model' is applied.
The Social Model of Disability
In 1980, the World Health Organization (WHO) classified the terms disabilities, impairments and handicaps, and suggested a universal, more precise and at the same time realistic approach to their definitions and use (Metts, 2004;3). The World Health Organization made a clear distinction between "impairment", "disability" and "handicap". However, there were concerns that the definition of the terms "impairment" and "handicap" may still be considered too medical and too centred on the individual, and may not adequately clarify the interaction between societal conditions or expectations and the abilities of the individual. Hence, the need to separate and clarify the meanings of these terms. By description, the term "disability" tends to summarize different functional limitations occurring in individuals anywhere in the world. People may be disabled by physical, intellectual or sensory limitations, medical conditions or mental illness. Such limitations or illnesses may be permanent or temporary (United Nations, 1993).
The term "handicap" tends to mean the loss or limitation of opportunities to participate in the life of the community on an equal level with others (Ingstad and Whyte, 1995). It may describe the encounter between the disabled person and their environment. The term emphasizes the focus on the shortcomings in socially organized environmental activities; such as, access to information, communication technology, health services and to education, which prevent disabled persons from participating on equal terms with everybody else (Ingstad and Whyte, 1995). Although the term continues in use, its technical use was, according to Stone (1997) discarded by the United Nations in 1993. During the 1970s there had been a strong rejection among representatives of organizations of disabled persons and professionals in the field of disability of the term at the time (Ingstad and Whyte, 1995). The term "impairment" can be defined to mean "any loss or abnormality of psychological, physiological or anatomical structure or function" (WHO, 1980). The distinction and clarification of the terms "disability" and "impairment" and "handicap" seemed to perch the views on the medical and social models of disability in opposition to each other. This seemed to pave the way for a new and seemingly acceptable disability model framed along Human Rights. In the light of modern society values, it was a model, appealing to both advocates of equal rights and the United Nations (Shakespear, 2006).
In 1975 the United Nations General Assembly made its first Declaration on the Rights of the Disabled Persons (Priestley, 2001). After the declaration, the United Nations proclaimed 1981 as the International Year of the Disabled Persons and commenced on the development of World Programmes of Action that led to the adoption of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities in 1994 (United Nations, 1993). As a result of the experiences gained during the 1983-1992 Decade of Disabled Persons, in the implementation of the World Programmes of Action and of the general discussions that took place, there was a deepening of knowledge and understanding concerning disability issues and the terminology used. At the same time disability was more clearly defined (Priestley, 2001; Ingstad and Whyte, 1995). (Although multi-culturally, there still seemed to be problems in defining disability in a global context-for instance, how could imperfections of the body and of the mind be understood in different societies? Or how could a person's culturally defined identity be affected by one's disability? (Ingstad and Whyte, 1995). Hence, according to Haddad (2001), President of the Canadian Medical Association, the term, disability, tends to have various meanings depending on the context in which the term is used. However, for the purpose of this essay the World Health Organization (WHO) functional definition of disability shall be used. The World Health Organization definition of disability is framed on the model of the International Classification of Diseases and "because it attempts to categorize the consequence of disease, it includes a consideration of social contexts" and at the same time captures aspects of Human Rights (Ingstad and Whyte, 1995; 5). According to this classification, disability is defined as "any restriction or lack of ability to perform an activity in the manner or within the range considered normal for a human being" (Mett, 2004; 3)
However many governments and organizations appear to have adapted this definition and developed legislation to suit their own social and economic situations as evidenced by the definitions from the following country examples. The Israeli Equal Rights for People with Disabilities Law of 1998 notes a person with a disability;
as meaning "a person with a physical, emotional or mental disability, including a cognitive disability, permanent or temporary, as a result of which that person's functioning is substantially limited in one or more the major spheres of life. (Wolfgang, Preiser & Ostroff, 2003).
The United Kingdom Disability Discrimination Act of 1995 notes that "a person has a disability... if he has a physical or mental impairment which has a substantial and long-term adverse effect on his ability to carry out normal day-to-day activities." (Department for International Development 2000).
In the Zimbabwe Disabled Persons Act of 1992 which was enacted after the war of political liberation a "disabled person" means
a person with a physical, mental or sensory disability, including a visual, hearing or speech functional disability, which gives rise to physical, cultural or social barriers inhibiting him from participating at an equal level with other members of society in activities, undertakings or fields of employment that are open to other members of society(Government of Zimbabwe, 1992).
Evidently, the few illustrations serve to show that the definition of disability seems to be framed along the individual circumstances and social contexts of particular nation states but also seems to imply an empowerment of disabled people through recognizing them along equality of rights.
The global extent of disability
To measure national regional and local disability populations, let alone the global population is according to Metts (2004) almost impossible. There is therefore a wide variation in the estimated disability rates reported by the developed and developing countries (Thomas, 2005). Most United Nations agencies, use estimates developed by the Rehabilitation International in the 1970s and by the United Nations Development Programme (1997) that approximately ten percent of any given population are born with a disability or acquire one during their lifetime (Disability World, 2003). This however, appears to have changed over time because in the United States of America as Stone (1997; 4) observed, the prevalence of disability, is about twenty percent of the population. In developing nations and elsewhere, especially in Africa, the percentage appears to be a lot lower that ten percent. The Zimbabwe Inter-Censal Demographic Survey of 1997 conducted by the Central Statistical Office established that out of a population of about twelve million, 218 421 persons were disabled (Government of Zimbabwe 1997). This figure is less than 2% of the population but in the developed countries, the percentages are higher. The SINTEF table below seems to give a sympnosis of the situation. This seems to be the trend globally. This is an irony, but not surprising, if the causes of disabilities were to be discussed. (Unfortunately this paper will not discuss these because it would be a detour from topic). However, at the global level, the United Nations note that the primary causes of disability are disease (51.2%e), malnutrition (20%), accidents, war and trauma 15.6$% and other causes and aging 13.2%. (Metts, 2004).
Apparently the variation in numbers in the different countries can also depend, to a large extent, on the definitions of disability used, which either expand or diminish the disability groups and also the difficulties in the data collection procedures and the different assessment systems used in the different countries. This may be a probable reason most data gathered by national governments of the developing states are perceived by organizations working in disability, as underestimating and downplaying the extent of disability in their countries. However, to me, it appears the research data may be representation of the real situation on the ground despite popular ‘western' wisdom that the contrary may be true. The census figures gathered by The Foundation for Scientific and Industrial Research (SINTEF) shown in the diagram overleaf seem to vindicate this representative scenario. The SINTEF report most probably reflects the correct perspectives in the light that the world seems to be experiencing a demographic evolution and also that the more sophisticated urban environments become, the more they tend to be disabling because they tend to erect barriers that limit or diminish human functioning; thus in a sense 'creating' disabled people (Harwood, Sayer and Hirschfield, 2004). (For instance a mentally challenged person in the unsophisticated agricultural farms of Africa is capable of productive activities in terms of demonstrating agricultural skills whereas if the same person were brought to an urbanized environment would become useless because the means of production in that situation differ and may present challenges to the individual)
Developed countries
Developing countries
Country
Year
%
Country
Year
%
Canada
1991
14.7
Kenya
1989
0.7
Germany
1992
8.4
Namibia
1991
3.1
Italy
1994
5.0
Nigeria
1991
0.5
Netherlands
1986
11.6
Senegal
1988
1.1
Norway
1995
17.8
South Africa
1980
0.5
Sweden
1988
12.1
Zambia
1990
0.9
Spain
1986
15.0
Kenya
1989
0.7
UK
1991
12.2
Zimbabwe
1997
1.9
Table 1; Prevalence (%) of disability in selected countries (The Foundation for Scientific and Industrial Research, SINTEF, 2004).
Another research by The Foundation for Scientific and Industrial Research (SINTEF) research done in Zimbabwe seems to reinforce this assertion as it found higher disability rates in urban than in rural areas, suggesting that ‘complex societies in a sense produce disability'(Arne, Nhiwathiwa, Muderedzi, and Loeb, 2003).
In the developed countries there also appears to be an increased life expectancy because of improved medical technology and health care meaning that more people will reach old age and experience age related disabilities (Harwood et al, 2004). Today, demographic statistics indicate that there are approximately more than half a billion people with disabilities globally. The World Health Organization predicts a huge increase in the global population which is set to rise dramatically between 2000 and 2050.and consequently, a proportionate increase in the global number of people with disabilities (Harwood et al, 2004). It is forecast that over the period, the Indian Sub-continent could have an increase in population of approximately 120%, China, 70%, the Sub-Saharan Africa, 257% and Burkina Faso, Congo, Liberia, Niger, Somalia, Palestine, Uganda, could have a combined increase of over 400%. (Harwood et al, 2004).
Disability in the Global Context
There is growing evidence that disability as an issue seems to have shifted significantly over the past few years from the periphery to the centre of the international human rights agenda (Mett, 2004;1), and also of numerous literature that disability policy agenda has risen to be a global policy issue (Barton & Oliver, 1987; Priestley 2001); and also that it has become a challenge to policy planners who map out development oriented policies and strategies for social and economic programmes for disabled people. The processes of globalization seem to be shifting not only the populations of person with disabilities but also their experience of disability. People with disabilities globally seem to be empowering themselves to assert greater involvement and equality in global challenges affecting them. Such claims are not only about control over individuals' lives, but also about greater influence over the societies and economies within which they live (Swain, Finklestein, French and Oliver, 1993). Thus, the observance of the International Day of Disabled Persons ( IDDP) declared in 1982 and commemorated on 3 December tends to focus on the active involvement of disabled persons in the planning of strategies and policies that affect their lives. The annual observance of the day, with the slogan "Nothing about Us without Us," seems to offer an opportunity to foster changes in attitudes towards disabled persons to eliminate barriers to their full participation in all aspects of life (Stone, 1997; Rowland, 2001; Swain, et al 1993).
The declaration of 1981 as the International Year of the Disabled Person (IYDP) further elevated disability onto the international human rights agenda (Priestley 2001). A major outcome of the International Year of the Disabled Persons was the formation of the World Programmes of Action concerning Disabled Persons, which the United Nations General Assembly adopted at its 37th regular session in 1982, by its resolution 37/52 (United Nations, 1982). Subsequent International Years were supposed to bring focus to a particular area and create new links and opportunities (Swain, et al. 1993).
In Southern African countries like Malawi, Zimbabwe, Botswana, South Africa, the motto has been "Disability is Not Inability" (Salmonsson, 2006). This slogan and motto tend to rely on the principle of participation, and has been used by disabled people's organizations throughout the years as part of the global disability movement, to achieve the full participation and equalization of opportunities for, by and with disabled persons (Watermeyer, Swartz, Lorenzo, Schneider & Priestley (2006). Therefore, to disentangle the lived experience of disability from the social context of disabling societies at the local, national, and global levels appears impossible.
Thus, the recognition of disabled people, to improve their lives has been demonstrated by the United Nations, as is implied in the active involvement of disabled persons in the on-going elaboration of the Convention on the Rights of Persons with Disabilities (United Nations, 2006), and in the Standard Rules for the Equalization of Opportunities for Persons with Disabilities (UNESCO, 1993). These conventions seem to have proved to be excellent examples of how the principle of full participation can be put into practice and how disabled people can contribute to the development of truly inclusive communities to shape a better future for all.
The United Nations' establishment of the World Programmes of Action, led to the UNESCO Framework for Action of the World Conferences on Education for All held in 1990 in Jomtien (Thailand), The Salamanca Statement and Framework for Special Needs Education (UNESCO, 1994) and the Dakar Framework on Education for All (UNESCO, 2002). To demonstrate the importance of placing disability on the global level, more than one hundred and fifty-five countries from all over the world were represented by leaders of government, international agencies, non-governmental organizations and professional bodies who committed themselves to recognizing the education of all disabled individuals, attended the Jomtiem conference (Ndawi, 1997). The Dakar World Education Forum conference, in April 2000 attracted more than 1,100 participants from one hundred and sixty four countries (UNESCO, 2002). Participants ranged from teachers to prime ministers, academics to policymakers, non-governmental bodies to the heads of major international organizations. They adopted the Dakar Framework for Action, Education for All (UNESCO, 2002). The Dakar Conference was complemented by earlier conferences which all addressed issues related to the challenges and empowerment of disabled people. These were namely, the Sub-Saharan Conference on Education for All held in South Africa in 1999; Asia and Pacific Conference on Education For All held in Bangkok in 2000; The Arab Regional Conference on Education for All held in Cairo; The Third Inter-Ministerial Review Meeting on the E-9 Countries held in Recife, Brazil; Conference on Education for All in Europe and North America held in Warsaw, Poland in 2000 and The Regional Education for All Conference in the Americas held in Santa Domingo, Dominican Republic in 2000 (UNESCO, 2002).
GLOBAL DISABILITY CHALLENGES TO THE EQUALIZATION OF OPPORTUNITIES
It appears disabled people are most challenged in four fronts, namely, by poverty, wars, access to education and work.
Poverty
With the disability policy agenda having reached the highest levels of global recognition, globalization seems to have constructed a universe that offers endless opportunities and new life patterns to all; for instance easy access to education, information and technology, health and social amenities and etcetera. But, according to Ghai (2001), the paradox is that on the one hand, globalization places emphasis on economic power to improve the livelihood of mankind but on the other, methodically marginalizes certain groups of people, in particular disabled people by its use of modern technology and its removal of these people from participating to contributing to the gross national product of individual nation states. And in this way, globalization seems to have created challenges to the equalization of opportunities to disabled people. More so, the apparent disparity in economic, social and technological developments between the different nation states has led globalization to seem to have a different meaning for disabled people and to challenge them differently in the different communities (Ghai, 2001); with some communities wealthier than others. Poverty seems to be afflicting the half a billion disabled people or so in the world today, According to Ghai (2001), more disabled people seem to be suffering on every continent, perhaps more than ever before. Most of them are on the lowest end of the socio-economic scale (Beresford, 1996; Frieden, 2002).
Consequently, disabled people have tended to be more vulnerable to, their incapability to combat poverty, exclusion, stigma and lack of access to basic education and services. Disabled people seem to experience poverty more intensely but have fewer opportunities to escape from it. A former President of the World Bank observed this and asserted that "unless disabled people are brought into the development mainstream, it will be impossible to cut poverty by half by 2015..." (Richler, 2005, 37). Hence, according to Beresford 1996), combating global poverty is a key issue in the disability movement.
Wars and political upheavals
Another aspect that appears to challenge the equalization of opportunities for disabled people is war and its associated political upheavals (Priestley, 2001). As Driedger (1987) observed, war and political upheaval have had adverse effects on disabled peoples' lives and their rights seem grossly violated in war times anywhere in the world; effectively excluding them from participating in the social and capital capacity building of affected nations. Priestley (1987) also notes that wars have resulted in millions of disabled refugees and displaced persons in and around war tone zones. Supposedly, in Central Africa, the Middle East, and Afghanistan and in Central America, war is perceived as a major cause of disability. War landmines have also massively contributed to causing disability of various sorts and thus the achievement of peace has become a global disability issue. The European Union's commitment to eradicate landmines on a global scale seems illustrative, but the role of the United Nations in this matter appears "invisible".
In a speech to the European Union parliament, the European Union's Commissioner for External Affairs noted that one hundred and forty four countries have so far ratified the Mines Ban Treaty (Waldner, 2005). Numerous other summits have been held to discuss the reduction of the number of people either killed or maimed by landmines. Waldner conceded that the annual number of landmine victims has dropped from 26 000 to below 15 000 (Waldner, 2005). The Disabled Peoples International (DPI, 1998) took issue with this matter at their World Assembly in 1998 in Mexico City and a subsequent visit by the DPI World Council to Hiroshima, the site of the Second World War atomic bomb, resulted in the International Peace Declaration by the global disability organizations.
However, war and political upheaval have ironically also, had a positive impact on the lives of disabled people. In countries where there were revolutions such as Vietnam, Kenya, Zimbabwe, South Africa, Namibia and Nicaragua, Ingstad and Whyte (1995) and Montero (1998), observe that disabled people, in the process were venerated and "practically considered national heroes and were given all the opportunities possible to develop and strengthen their organizations", and to access funding, education, jobs, and other services. War veterans seemed to experience disability in positively very different ways as compared to those disabled before the revolutions.
Work
For many disabled people, the demand for access to work may be perceived as a major signifier of independent adulthood and a crucial component to the struggle for equality. Yet, as Priestley (2001; asserts, disabled people globally "continue to be disproportionately unemployed, underemployed and underpaid…" This assertion is reflected in, for instance in the focus of the British Government's proposal to tackle oppression of disabled people on the work place (Barton and Oliver, 1997). The British Government cut back on the Access to Work scheme and the disabled people's organizations fought that decision asserting that the right to a job is a fundamental human right (Barton and Oliver, 1997). Such challenges for access to jobs by disabled people appear to have become common in many countries. Hence in 1983, the International Labour Organization adopted a Convention Concerning Vocational, Rehabilitation and Employment (Disabled Persons) (ILO, 1983) to ensure equality of opportunities and equalization of treatment of disabled people at work and social integration. However, despite much effort at the global level to include disabled people in the work world, at the local level, some would continue to be excluded by their impairments because some tend not to be capable of producing goods or services to contribute to the social and economic capital base. To this, Barton and Oliver (1997;35) comment that this is so "because in any society........certain products are of value and others are not regardless of the efforts that go into their production."
Education
Education occupies a unique position in modern society today because it tends to benefit both society and the individual as it is considered a public good (Psacharopoulos and Woodhall (1985). The advances in knowledge and scientific understanding seem to strengthen the optimism that society holds of education (Lauder et al.2006). Education offers optimism to influence the well being of people and nation state because according to Lauder et al. (2006), education is perceived by almost all people as the means by which to improve individuals' lives and an understanding of their place in the world.
.Typically, therefore, as global market trends and technologies continue to develop in new pathways, education tends to become commdified and free access to education seems to also become even more important for everyone. However, disabled people seem to continue to be challenged in their quest to access educational opportunities available. In their zeal to acquire knowledge and skills needed in the evolving world of work, Peters (1996) notes that the inequitable access to educational benefits results in the inaccessibility to work; thereby propelling further the creation of an impoverished community. In some societies, for instance the Pakistani, disabled girl children education is not considered important (Shah, 1990). And from a personal viewpoint, it appears this perspective is in existence among some religious communities in Southern Africa. Such barriers to access to education challenge many disabled people and compel them to be dependant upon their families in many countries (Priestley, 2001). In addressing these matters, the United Nations, through the various protocols such as the Salamanca Statement, the Dakar Framework, the Jomtien Conference and others, seeks to
Ensure equal educational opportunities at all levels for children, youth and adults with disabilities in integrated settings, taking into full account of individual differences and situations (World Summit on Social Development, Commitment 6, item f, 1995).Consequently, at the national level, governments the world over have had to formulate legislation and initiatives consistent with the vision of the United Nations.
However, in most African States, these policies and legislation were absent and a concerted effort was made to put them in place through the African Unions' Continental Plan of Action which is aimed at implementing priority activities on disability during the African Decade of Persons with Disabilities (1999-2009) (Secretariat of the African Decade, 2004). In order to create an equitable society in Africa, the Secretariat of the African Decade facilitates the development of highly progressive policies and legislation, which if properly used, can over periods drastically reform the social disadvantages experienced by all disabled persons. For example, Ghana adopted the Free, Compulsory and Universal Basic Education (FCUBE) (Sawyerr 1997), initiative in line with this United Nations vision. In Zimbabwe, the Basic Education Assistance Module (BEAM) was initiated cognizant of the same vision. The USA initially passed Public Law 92-142 (PL 92-142) Education for All Handicapped Persons Act (Gearheart, Weishahn and Gearheart, 1982). Then in 1975, the American Congress enacted the Individuals with Disabilities Education Act (IDEA) from which initiatives like the "No Child Left Behind" (NCLB) (Astoria 2007), were born. In the United Kingdom, the "Every Child Matters" Green Paper (The Stationery Office, 2003) is similar in principle to the American IDEA.
Several nations have put in place similar protocols to deal with equalization of educational opportunities to all people in their systems. To emphasize this, the United Nations Copenhagen Declaration on Social Development included specific pledges on equal educational opportunities for disabled children and young people. (World Summit on Social Development 1995).
A PERSONAL THOUGHT
It may be naïve to conclude that globalization alone has caused the challenges experienced by disabled people, or that nothing can be done to improve the equalization of opportunities in their situations. In real essence, it appears; the less developed countries have not been able to integrate disabled people within the global economic and social development as quickly as others, partly because of their chosen policies and partly because of factors outside their control such as imposed economic structural adjustment programmes (SAPs), debt burden caused by the Bretton Wood Institutes and wars and conflict. In my opinion however, it appears no nation state, least of all the poorest, can afford to remain isolated from the global social and economic capacity building initiatives. Every country should seek to provide for the needs and access to the basic services of all its citizens in order to reduce challenging situations and to increase equal opportunity initiatives to ameliorate suffering among its disabled people populations. The self organization of disabled people into groups seems to raise their values and voices, and is also a fundamental right that disabled people should continue to exercise. Through globalization principles, the international community should endeavour to invest in disabled people. On economic grounds, investment in disabled people is justified as long as the consequential capital investment does not exceed the cost of benefits derived. .
CONCLUSION
In conclusion, this essay discussed the concepts of globalization and disability. Descriptions and definitions of both terms were made. Within the globalization concept, disability was discussed. Then a historical framework of disability in the global context was suggested. It seems definitions of disability vary across communities. The challenges that face disabled people in their zeal to achieve full independence in the control of their lives and to contribute to the social and economic capacity were also highlighted. However, as globalization progresses; living conditions seem to improve significantly in virtually all countries. But that the economic disparities between developed and less developed countries seem to have grown wider and wars and political upheaval as well the incapability of escaping from poverty are matters of concern that seem to affect the majority of disabled people. The number of the world's citizens who are in poverty seems disturbing- let along among the population of the disabled people.
References
Astoria W., (2007), "President Bush Discusses No Child Left behind Reauthorization"
Barton L. and Oliver, M., (1987), Disability Studies; Past, Present and Future, Leeds, The University Press.
Beresford, P. (1998), "Poverty and disabled people; challenging dominant debates and policies", Disability & Society, Vol. 11, No.4 pp. 553-567.
Bottery, M., (2004), "Education and Globalization: Redefining the Role of the Educational Professional" Paper presented at the Inaugural Professional Lecture," Institute for Learning, University of Hull, March 15th.
Brown, T. (1999), "Challenging globalization as discourse and phenomenon", International Journal of Lifelong Education, Vol. 18, No.1, pp.3-17.
Brown, P. and Lauder, H. (1996), "Education, Globalization and Economic Development", Journal of Educational Policy, Vol. 11, No.1, pp. 1-25. .
Burbules, N and Torres, A.C., (2000), Globalization and Education, Routledge, London.
Cheng, Y.C., (2004), "Fostering local knowledge and human development in globalization of education", International Journal of Educational Management, Vol. 18, No. 1, pp. 7-24.
Department for International Development, (2000), "Disability, Poverty and Development", Department for International Development, London, (ONLINE-http:www.dfid.gov.uk). .
Disabled People International, (1998), "Towards an Inclusive 21st Century Mexico City, Disability Awareness in Action Newsletter 66, November.
Disability World, (200), "UNICEF & Disabled Children and Youths" Bi-Monthly Newsletter of International Disability, News and Views, Issue No. 19 June-August.
Driedger, D., (1987), Disabled People's International, Rehabilitation Gazette, 28: pp. 13-14.
Frieden L., (2002), "The Global Disability Community Must Respond to the Critical Challenges of the 21st Century", Address to Rehabilitation International European Conference in Aachen, Germany, November 11th.
Gearheart, B.R., Weishahn, M.W. and Gearheart, C.J. (1992), The Exceptional
Student in the Regular Classroom, New York, Macmillan Publishing Company.
Ghai, A., (2001) "Marginalization and Disability; Experiences from the Third World", In Priestley M., (ed.), (2001), Disability and The Life Course; Global Perspectives, Cambridge, Cambridge University Press, pp.26-37.
Government of Zimbabwe, (1996), Disabled Persons Act. Harare, Government Printers.
Government of Zimbabwe, (1997), Inter-Censual Demographic Survey, Harare, Government Printers.
Haddad, H., (2001), "Proposals for legislation governing assisted human reproduction", Paper presentation to the House of Commons Canadian Medical Association Standing Committee on Health October 23rd.
Harwood, R.H., Sayer, A. A. and Hirschfield, M., (2004), Current and Future Worldwide Prevalence of Dependency, its Relationship to Total population and Dependency Rates Bulletin of WHO, April, 2004, 82. pp. 4.
Held, D., (1996), Political Theory Today, Stanford, Stanford University Press.
Held, D. and Koenig-Archibugi M. (2003)., Taming Globalization; Frontiers of Governance, Polity Press, Cambridge.
Ingstad, B. and Whyte, S., (eds), (1995), Disability and Culture, Berkeley Ca., University of California Press.
International Labour Organization, (1983), Convention Concerning Vocational Rehabilitation and Employment (Disabled Persons), Geneva, ILO, C159, June 20th.
Lauder, H., Brown, P., Dillabough, J. A. and Hasley., (2006), Education, Globalization and Social Change, Oxford, Oxford University Press.
Metts, R., (2004), "Disability and Development", A Background paper prepared fro the Disability and Development Research Agenda Meeting Washington D.C. World Bank, November 16th.
Ndawi, O.P, (1997), "Education for all by the year 2000 in some countries in Africa; Can teacher education ensure the quantity, quality and relevance of that Education?" International Journal of Educational Development, Vol. 17. No.2. pp. 121-128.
Nye, J., (2002), The Paradox of American Power, Oxford, Oxford University Press.
Priestley, M., (ed), (2001), Disability and the Life Course; Global Perspectives, Cambridge, Cambridge University Press.
Psacharopoulos,G. and Woodhall, M. (1985), Education for development : an analysis of investment choices,New York, Oxford University Press, for the World Bank.
Reiser, R. and Mason M., (1990), Disability Equality in the Classroom; a Human Rights Issue, London, Education Resource Information Centre.
Richler, D., (2005), "Maintaining Disability in Development Programs of African Countries: Promoting Inclusive Education", In International Rehabilitation review, Vol. 55,No. 2, December.
Rowland, W., (2001), "Nothing about us without us; Some Historical Reflections on Disability Movement in South Africa", Disability World Issue No. 11, Nov-Dec.
Salmonssnn, A., (2005), "Disability is not Inability", Baseline Study towards inclusive Education In Blantyre, Balaka and Muchinga Districts in Malawi, Institute of Public Management.
Sawyerr, H., (1997), "Successful African Experiences; A review of Country-Led Aid Coordination in Ghana" Paris, Association for the Development of Education in Africa,
Self Direction Community Project, (2002), The Medical and Social Model of Disability Module, Salford, University of Salford.
Shah, F., (1990), "Disability, Self Help and Social Change", In Priestley, M., (2001), Disability and the Life Course; Global Perspectives, Cambridge, Cambridge University Press.
Secretariat of the African Debate, (2004), "A brief Overview of the mandate of the African Decade for Disabled Persons Secretariat", Addis Ababa, African Union.
Shakespear, T., (2000), Disability: Rights and Wrongs, Oxon, Routledge.
Stiglitz, J., (2003), Globalization and its discontents, London, Penguin.
Stone, K.G., (1997), Awakening to Disability; Nothing About us Without Us, Mother Lode, Ca. Volcano Press.
Swain, J., Finkelstein, V., French, S. and Oliver, M., (eds), (1993), Disabling Barriers-Enabling Environments. London, Sage Publications.
The Foundation for Scientific and Industrial Research, (2003), "Living Conditions among People with Disabilities in Zimbabwe: A Representative Regional Study"SINTEF, Oslo.
The Stationery Office, (2003), The Green Paper; Every Child Matters, Norwich, The Stationery Office.
Thomas, P., (2005), "Mainstreaming Disability in Development: Country level Research India Country Report Disability" Disability Knowledge and Research. Project, DfID (ONLINE; - http://www.disabilitykar.net/index.html).
United Nations, (1975), Declaration on the Rights of Disabled Persons, General Assembly Resolution 3447, 9, New York, United Nations.
United Nations, (1983), World Programme of Action Concerning Disabled Persons, New York, United Nations.
United Nations, (1994), ‘Towards a society for all: Long-term Strategy to Implement the World Programme of Action concerning Disabled Persons to the Year 2000 and Beyond', annex to Implementation of the World Programme of Action concerning Disabled Persons, Report of the Secretary- General, 27 September.
United Nations Development Programme, (1997), Human Development Report, New York, Oxford University Press.
United Nations, (2006), Paper on "Global Disability Network Adoption of the UN Convention on the Rights of Persons with Disabilities," New York, United Nations.
UNESCO, (1989), Convention on the Rights of the Child. New York, UN.
UNESCO, (1993), Standard Rules on the Equalization of Opportunities for Persons with Disabilities. New York; UN.
UNESCO, (1994), Final Report; World Conference on Special Education; Access And Quality (Salamanca Declaration and Jomtien Framework for Action). Paris, UNESCO.
UNESCO, (1995), "Disability Awareness In Action", New York, UNESCO.
UNESCO, (2002), "Education for All, Is the World on Track?" EFA Global Monitoring Report.
Waldner, B.F., (2005) "A World Without Landmines" Speech to the European Parliament Strasbourg, July 6th.
Waters, M., (2001), (2nd. Ed.), Globalization, Routledge.
Watermeyer, B, Swartz, L., Lorenzo, T., Schneider, M. & Priestley, M., (2006), Disability and Social Change; A South African Agenda, Human Sciences, Cape Town, Research Council.
Weekley, E., (1967), An Etymological Dictionary of Modern English, Dover Dover Publications.
Wolfensburger, W., (1972), The Principle of Normalization in Human Services, Toronto, National Institute of Mental Retardation.
Wolfgang F, Preiser, E & Ostroff, E. (2003), Universal design Handbook. New York McGraw-Hill.
World Health Organization, (2005), "Globalization, Trade and Health, Highlights of Products and activities 2004/2005 "A Working Paper, New York, United Nations.
World Summit on Social Development, (1995), Report of the world summit for social Development", Copenhagen March, 6th -12th.
About the Author
Partson Musosa Phiri is a candidate for the Ed. D degree in Policy and Values at the University of Hull(UK).He also holds M.Ed. from the same University. Additionally, Partson M. Phiri also holds the following qualifications: B. Ed. (Planning and Policy)(U.Zim); Dip.Ed (Special Education); Cert.Ed. He won scholarships from the following bodies:. Canon Collins Education Trust for Southern Africa, Joint Japan World Bank Graduate Scholarship Programme Wakeham Trust, All Saints Educational Trust
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Military Robots And Unmanned Vehicles Market Shares, Strategies, And Forecasts, Worldwide, 2010 To 2016-Aarkstore Enterprise
LEXINGTON, Massachusetts (January 22, 2010) Announces that it has a new study on Military Ground Robots and unmanned vehicles. The 2010 study has 513 pages, 190 tables and figures. Worldwide markets are poised to achieve significant growth as the military ground robots and unmanned vehicles are used globally. Growth comes as the nature of combat changes in every region while the globally integrated enterprise replaces nationalistic dominance.
Military robot automation of the defense process is the next wave of military evolution. As automated systems and networking complement the Internet , communication is facilitated on a global basis. The military charter is shifting to providing protection against terrorists and people seek to maintain a safe, mobile, independent lifestyle. Much of the military mission is moving to adopt a police force training mission, seeking to achieve protection of civilian populations on a worldwide basis.
According to Susan Eustis, the lead author of the study, ¡°the purchase of Military Robots s is dependent on budget constraints. The use of Military Robots s is based on providing a robot that is less expensive to put in the field than a trained soldier. That automation of process has appeal to those who run the military.
Robots are automating military ground systems, permitting vital protection of soldiers and people in the field, creating the possibility of reduced fatalities. Mobile robotics operate independently of the operator.
The innovation coming from all the vendors is astounding. No one innovation is more significant than another. One vendor, BAE Systems has an ant size robot useful for reconnaissance and networking robots in development. As soldiers take up secure positions behind a wall, they deploy a small reconnaissance team. The initial deployment is poised to be a very, very small reconnaissance team. Some hopping, some flying, the stealthy autonomous reconnaissance squad vanishes into a suspicious building for several minutes, then relays the all-clear back to its partners outside when that is the case.
What is good for a robotic unmanned ground vehicle is also good for an ummanned vehicle. Multiple technological, logistical, political and market forces share a quantum singularity that has brought mobile robotics to the point where robots are useful to every arm of the military services. This is a phenomenon that will have a major impact on the way we run the military and police societies.
Use of remote-control toys in Iraq started as improvised robots to check out possible roadside bombs. There has since been a flurry of activity on the robotic explosive ordnance disposal (EOD) front since that early beginning. Deliveries of smaller and cheaper Bots are anticipated.
The emergence of a market for intelligent, mobile robots for use in the field and the confined areas of city fighting presents many opportunities. Units used in public spaces and on the battlefield create a better, more flexible, more cost efficient military.
Technology is used to actuate the disparate robot types. Core robotics research and advances in robotic technology can be applied across a variety of robotic form factors and robotic functionality. Advances feed on and off of each other. With each new round of innovation, a type of technological cross pollination occurs that improves existing robotic platforms and opens up other avenues where intelligent mobile robots can be employed, effectively creating new markets.
Roboticists are more advanced in their training and in the tools available to create units. Military robots have evolved from units used in the field to manage different situations that arise. Robots save lives..
Military ground robot market forecast analysis indicates that vendor strategy is to pursue developing new applications that leverage leading edge technology. Robot solutions are achieved by leveraging the ability to innovate, to bring products to market quickly. Military purchasing authorities seek to reduce costs through design and outsourcing. Vendor capabilities depend on the ability to commercialize the results of research in order to fund further research. Government funded research is evolving some more ground robot capability.
Markets at $831 million in 2009 are anticipated to reach $9.7 billion by 2016.
Report Methodology
This is the 428th report in a series of primary market research reports that provide forecasts in communications, telecommunications, the Internet, computer, software, telephone equipment, health equipment, and energy. Automated process and significant growth potential are a priorities in topic selection. The project leaders take direct responsibility for writing and preparing each report. They have significant experience preparing industry studies. Forecasts are based on primary research and proprietary data bases.
The primary research is conducted by talking to customers, distributors and companies. The survey data is not enough to make accurate assessment of market size, so it looks at the value of shipments and the average price to achieve market assessments. Our track record in achieving accuracy is unsurpassed in the industry. We are known for being able to develop accurate market shares and projections. This is our specialty.
The analyst process is concentrated on getting good market numbers. This process involves looking at the markets from several different perspectives, including vendor shipments. The interview process is an essential aspect as well. We do have a lot of granular analysis of the different shipments by vendor in the study and addenda prepared after the study was published if that is appropriate.
Forecasts reflect analysis of the market trends in the segment and related segments. Unit and dollar shipments are analyzed through consideration of dollar volume of each market participant in the segment. Installed base analysis and unit analysis is based on interviews and an information search. Market share analysis includes conversations with key customers of products, industry segment leaders, marketing directors, distributors, leading market participants, opinion leaders, and companies seeking to develop measurable market share.
Over 200 in depth interviews are conducted for each report with a broad range of key participants and industry leaders in the market segment. We establish accurate market forecasts based on economic and market conditions as a base. Use input/output ratios, flow charts, and other economic methods to quantify data. Use in-house analysts who meet stringent quality standards. Interviewing key industry participants, experts and end-users is a central part of the study. Our research includes access to large proprietary databases. Literature search includes analysis of trade publications, government reports, and corporate literature.
Findings and conclusions of this report are based on information gathered from industry sources, including manufacturers, distributors, partners, opinion leaders, and users. Interview data was combined with information gathered through an extensive review of internet and printed sources such as trade publications, trade associations, company literature, and online databases. The projections contained in this report are checked from top down and bottom up analysis to be sure there is congruence from that perspective.
The base year for analysis and projection is 2009. With 2009 and several years prior to that as a baseline, market projections were developed for 2010 through 2016. These projections are based on a combination of a consensus among the opinion leader contacts interviewed combined with understanding of the key market drivers and their impact from a historical and analytical perspective. The analytical methodologies used to generate the market estimates are based on penetration analyses, similar market analyses, and delta calculations to supplement independent and dependent variable analysis. All analyses are displaying selected descriptions of products and services.
This research includes referencde to an ROI model that is part of a series that provides IT systems financial planners access to information that supports analysis of all the numbers that impact management of a product launch or large and complex data center. The methodology used in the models relates to having a sophisticated analytical technique for understanding the impact of workload on processor consumption and cost.
It has looked at the metrics and independent research to develop assumptions that reflect the actual anticipated usage and cost of systems. Comparative analyses reflect the input of these values into models.
The variables and assumptions provided in the market research study and the ROI models are based on extensive experience in providing research to large enterprise organizations and data centers. The ROI models have lists of servers from different manufacturers, Systems z models from IBM, and labor costs by category around the world. This information has been developed from research proprietary data bases constructed as a result of preparing market research studies that address the software, energy, healthcare, telecommunicatons, and hardware businesses.
Table of Contents :
MILITARY GROUND ROBOT EXECUTIVE SUMMARY ES-1 Military Ground Robot Market Driving Forces ES-1 Future Combat System (FCS) Program Transitions to Army Brigade Combat Team Modernization ES-2 Robots Operate Independently ES-2 Military Robots Market Driving Forces 5 Military Ground Robot Market Shares ES-6 BAE Systems Ant Size Robot ES-7 Military Ground Robot Market Forecasts ES-8
1. MILITARY ROBOTS MARKET DESCRIPTION AND MARKET DYNAMICS 1-1 1.1 Delivering Robotic Capabilities to Combat Teams 1-1 1.2 Military Robot Scope 1-2 1.2.1 Military Robot Applications 1-3 1.3 Army's G8 Futures office 1-6 1.3.1 Delivering Capabilities to the Army's Brigade Combat Teams 1-8 1.3.2 Transition Between The Current Market And Where The Market Is Going 1-9 1.3.3 Different Sizes of UGVs 1-10 1.4 Types of Military Robots 1-12 1.4.1 Telerob Explosive Observation Robot and Ordnance Disposal 1-12 1.4.2 QinetiQ North America Talon® Robots Universal Disrupter Mount 1-15 1.4.3 General Dynamics Next-Generation CROWS II Increases Soldiers Safety 1-17 1.4.4 Soldier Unmanned Ground Vehicle from iRobot 1-18 1.5 UGV Enabling Technologies 1-19 1.5.1 Sensor Processing 1-20 1.5.2 Machine Autonomy 1-21 1.6 Military Robot Bandwidth 1-22 1.6.1 UGV Follow-Me Capability 1-22 1.6.2 Communications Bandwidth 1-23 1.6.3 Battery Power 1-23 1.6.4 Combination Of Batteries Linked To Onboard Conventional Diesel 1-24 1.7 SUGVs 1-25 1.7.1 Mid-Size Category UGV 1-25 1.7.2 Large UGV 1-26 1.7.3 U.S. Army Ground Combat Vehicle 1-27 1.7.4 TARDEC 1-28 1.7.5 Tacom 1-29
2. MILITARY GROUND ROBOT MARKET SHARES AND FORECASTS 2-1 2.1 Military Ground Robot Market Driving Forces 2-1 2.1.1 Future Combat System (FCS) Program Transitions to Army Brigade Combat Team Modernization 2-2 2.1.2 Robots Operate Independently 2-2 2.1.3 Military Robots Market Driving Forces 2-5 2.2 Military Ground Robot Market Shares 2-6 2.2.1 General Dynamics Robotic Systems 2-9 2.2.2 Northrop Grumman Remotec Andros 2-10 2.2.3 Northrop Grumman / Remotec 2-10 2.2.4 Northrop Grumman Remotec UK Wheelbarrow Robots 2-12 2.2.5 iRobot Government & Industrial Robots 2-12 2.2.6 QinetiQ / Foster-Miller 2-15 2.2.7 Qinetiq / Foster-Miller TALON EOD robots 2-16 2.2.8 NAVEODTECHDIV Funds QinetiQ Foster-Miller Talon Robots 2-17 2.2.9 Foster-Miller TALON Responder and EOD 2-17 2.2.10 Kongsberg CrowsII Military Robot System 2-18 2.2.11 BAE Systems Ant Size Robot 2-19 2.2.12 Telerob Rapid Response Vehicle 2-20 2.2.13 Boston Dynamics 2-21 2.2.14 Robotic Technology Robot 2-21 2.3 Military and First Responder Robot Market Shares 2-23 2.4 Military Ground Robot Market Forecasts 2-27 2.4.1 Mid Range Military Robot Market Forecasts 2-29 2.4.2 High End Military Robots 2-33 2.4.3 Mid Range Unmanned Vehicle UVV Market Forecasts 2-35 2.4.4 High End Unmanned Vehicle UVV Market Forecasts 2-38 2.4.5 SUGVs 2-40 2.4.6 Small Military Robots Used In Networks 2-42 2.4.7 Remotely Controlled Armed Robots Deployed In Iraq 2-45 2.4.8 Robots For Defense And Homeland Security 2-46 2.4.9 U.S. Army Small Unmanned Ground Vehicle (SUGV) 2-47 2.4.10 Defense Advanced Research Projects Agency, or DARPA Tactical Teams 2-47 2.4.11 Application Scope 2-48 2.4.12 U.S. Military Robots Key to Iraq Surge Success 2-48 2.5 Military Robot Regional Market Analysis 2-50 2.5.1 iRobot Geographic Information 2-52
3. MILITARY ROBOTS PRODUCT DESCRIPTION 3-1 3.1 iRobot 3-1 3.1.1 iRobot® PackBot® 510 with EOD Kit 3-2 3.1.2 iRobot® PackBot® 510 with First Responder Kit 3-3 3.1.3 iRobot® Warrior™ 700 3-4 3.1.4 iRobot® PackBot® 500 with RedOwl Sniper Detection Kit 3-5 3.1.5 iRobot® PackBot® 510 with FasTac Kit 3-8 3.1.6 iRobot® PackBot® 500 with ICx Fido® Explosives Detection Kit 3-8 3.1.7 iRobot® PackBot® 510 with HAZMAT Detection Kit 3-10 3.1.8 iRobot® SeaGlider 3-11 iRobot® SeaGlider 3-11 3.1.9 iRobot® Ranger 3-12 iRobot® Ranger 3-12 3.1.10 iRobot Aware 2.0 Robot Intelligence Software 3-13 3.2 Northrop Grumman 3-14 3.2.1 Andros HD-1 : Compact, Lightweight Platform 3-14 3.2.2 Northrop Grumman Vehicle Data / Communication Links 3-17 3.2.3 Northrop Grumman F6A - Versatile Platform 3-17 3.2.4 Northrop Grumman Vehicle Data / Communication Links 3-20 3.2.5 Northrop Grumman Mark V-A1 - Highly Versatile, Robust, All-Terrain Platform 3-20 3.2.6 Northrop Grumman V-A1 Features 3-22 3.2.7 Northrop Grumman Vehicle Data / Communication Links 3-23 3.2.8 Northrop Grumman Mini-ANDROS II - Compact, Capable, Two-Man-Portable Platform 3-23 3.2.9 Northrop Grumman Mini Andros II Features 3-25 3.2.10 Northrop Grumman Vehicle Data / Communication Links 3-26 3.2.11 Northrop Grumman Wolverine - Outdoor, All-Terrain Workhorse 3-26 3.2.12 Northrop Grumman Wolverine 3-28 3.2.13 Northrop Grumman Vehicle Data / Communication Links 3-29 3.3 General Dynamics 3-30 3.3.1 General Dynamics Next-Generation CROWS II Increases Soldiers Safety 3-31 3.4 Kongsberg 3-33 3.4.1 Kongsberg CrowsII Military Robot System 3-33 3.4.2 Kongsberg Addresses Underwater Diver Incursion 3-34 3.4.3 Kongsberg Norwegian Mine Reconnaissance Program 3-34 3.5 BAE Systems 3-36 3.5.1 BAE Systems Ant Size Robot 3-36 3.5.2 BAE Personal Robots 3-38 3.5.3 BAE Systems Large UGV 3-39 3.6 Lockheed Martin 3-39 3.6.1 Lockheed Martin Multifunction Utility/ Logistics and Equipment Vehicle (MULE) 3-40 3.6.2 Lockheed Martin Large NUWC Manta UUV 3-42 3.6.3 Lockheed Martin Large NUWC Manta UUV For The Offshore Oil Industry 3-44 3.6.4 Lockheed Martin AN/WLD-1 Remote Minehunting System (RMS) 3-44 3.7 QinetiQ North America TALON® Robots 3-48 3.7.1 QinetiQ North America Talon® Robots Universal Disrupter Mount 3-50 3.7.2 Qinetiq / Foster-Miller 3-52 3.7.3 Foster-Miller TALON Family of Military Robots 3-53 3.7.4 Foster-Miller New: Two-Way Hailer 3-54 3.7.5 Foster-Miller TALON Responder 3-54 3.7.6 Foster-Miller EOD Robots 3-56 3.7.7 Foster-Miller SWORDS Robots 3-58 3.7.8 Foster-Miller CBRNE/Hazmat Robots 3-60 3.7.9 Foster-Miller TALON SWAT/MP 3-61 3.7.10 Foster-Miller MAARS Robot 3-62 3.7.11 Foster-Miller Dragon Runner Field Transformable SUGV 3-64 3.7.12 Foster Miller TALON GEN IV Engineer 3-65 3.7.13 Foster Miller TAGS-CX Unmanned Vehicle 3-66 3.7.14 QinetiQ TAGS-CX Unmanned Vehicle 3-67 3.7.15 Combat Engineer Route Clearance Robot 3-70 3.7.16 Talon MAARS™ Robots 3-75 3.8 Telerob 3-78 3.8.1 Telerob - EOD / IEDD Equipment, EOD Robots and Vehicles 3-78 3.8.2 Telerob TEODor Heavy Duty Explosive Ordnance Disposal (EOD) Robot 3-80 3.8.3 Telerob Telemax High-Mobility EOD Robot 3-81 3.8.4 Telerob EOD / IEDD Service Vehicles 3-81 3.9 Versa / Allen Vanguard 3-86 3.9.1 Allen Vanguard VANGUARD® ROV 3-88 3.9.2 Allen Vanguard Defender Robot/ROV 3-97 3.9.3 Allen Vanguard ROV-Track CBRNE 3-102 3.10 Boston Dynamics 3-106 3.10.1 Boston Dynamic LittleDog - The Legged Locomotion Learning Robot 3-107 3.10.2 Boston Dynamic PETMAN - BigDog gets a Big Brother 3-109 3.10.3 Boston Dynamic RHex Devours Rough Terrain 3-110 3.10.4 Boston Dynamic RiSE: Climbing Robot 3-112 3.11 Robotic Technology 3-115 3.11.1 RTI Military Memetics (Information Propagation, Impact, and Persistence ¨C Info PIP) Project 3-116 3.11.2 RTI Humanoid And Legged Robots 3-116 3.12 Fujitsu Service Robot (enon) 3-118 3.13 Gostai SOS 3-119 3.14 Kairos Autonomi 3-121 3.15 Scripps Bluefin Robotics Spray glider UUV 3-122 3.15.1 Scripps Bluefin Robotics Spray Glider Sensors, Navigation, and Communications 3-123 3.16 Boeing¡¯s AN/BLQ-11 Long-term Mine Reconnaissance System (LMRS), 3-129 3.17 Boeing Advanced Information Systems 3-133 3.18 Sonatech 3-135 3.19 BAE Systems Underwater Systems 3-135 3.20 Gunsmith Jerry Baber 3-136 3.21 IVTT Program Intelligent Vehicle Robot Hops Over Walls 3-137 3.21.1 Robotic Technology Precision Urban Hopper 3-139 3.21.2 Robotic Technology Robot 3-139
4. MILITARY ROBOT TECHNOLOGY 4-1 4.1 Military Robot Enabling Technology 4-1 4.2 Intel Integrated Circuit Evidence-Based Innovation 4-3 4.2.1 Open Robotic Control Software 4-5 4.2.2 Military Robot Key Technology 4-6 4.2.3 PC-Bots 4-10 Visual Simultaneous Localization & Mapping 4-10 4.3 Advanced Robot Technology: Navigation, Mobility, And Manipulation 4-11 4.3.1 Robot Intelligence Systems 4-11 4.3.2 Real-World, Dynamic Sensing 4-12 4.4 User-Friendly Interfaces 4-12 4.4.1 Tightly-Integrated, Electromechanical Robot Design 4-13 4.5 Field Based Robotics Iterative Development 4-14 4.5.1 Next-Generation Products Leverage Model 4-15 4.5.2 Modular Robot Structure And Control 4-15 4.5.3 Lattice Architectures 4-16 4.5.4 Chain / Tree Architectures 4-16 4.5.5 Deterministic Reconfiguration 4-16 4.5.6 Stochastic Reconfiguration 4-17 4.5.7 Modular Robotic Systems 4-17 4.6 Intel Military Robot Cultivating Collaborations 4-18 4.7 Hitachi Configuration Of Robots Using The SuperH Family 4-18 Hitachi Concept of MMU And Logic Space 4-19 Robotic Use of Thin Film Lithium-Ion Batteries 4-23 4.8 Network Of Robots And Sensors 4-24 4.8.1 Sensor Networks Part Of Research Agenda 4-25 4.8.2 Light Sensing 4-26 4.8.3 Acceleration Sensing 4-27 4.8.4 Chemical Sensing 4-27 4.9 Military Robot Technology Functions 4-27 4.10 Carbon Nanotube Radio 4-28 4.11 Military Robot Funded Programs 4-30 4.11.1 Future Combat System (FCS) Program Transitions to Army Brigade Combat Team Modernization 4-30 4.11.2 XM1216 Small Unmanned Ground Vehicle (SUGV) 4-32 4.11.3 UUV Sub-Pillars 4-33 4.11.4 Hovering Autonomous Underwater Vehicle (HAUV) 4-36 4.11.5 Alliant 4-36 4.11.6 ATSP is a Government-Wide Contracting Vehicle 4-38 4.11.7 Quick, efficient contracting vehicle 4-38 4.11.8 Facilitates Technology And Insertion Into Fielded Systems 4-38 4.11.9 Access to all Northrop Grumman sectors 4-39 4.12 iRobot Technology 4-39 4.12.1 iRobot AWARE Robot Intelligence Systems 4-39 4.12.2 iRobot Real-World, Dynamic Sensing. 4-40 4.12.3 iRobot User-Friendly Interface 4-40 4.12.4 iRobot Tightly-Integrated Electromechanical Design. 4-41 4.13 Evolution Robotics Technology Solutions 4-42 Evolution Robotics Example Applications 4-44 4.14 NASA Exploratory Robots 4-45 4.14.1 NASA Spirit Robot 4-46 4.14.2 NASA's Mars Exploration Rover Spirit 4-48 Sample NASA Sprit Sol-By-Sol Summary: 4-50 4.14.3 Opportunity Update 4-51 4.14.4 NASA Opportunity Sol-By-Sol Summary 4-52 4.14.5 NASA Opportunity Robot 4-54 4.15 Remote Controlled Robot Missions 4-55 4.15.1 Auto-Navigation System Takes Pictures Of The Nearby Terrain 4-59 4.15.2 Mars Robotic Rovers Spirit And Opportunity 4-61 4.16 Self-Reproducing Machines 4-62 4.16.1 M-TRAN Modular Transformer 4-62 4.16.2 Attitude Control In Space By Control Moment Gyros 4-63
5. MILITARY ROBOT COMPANY PROFILES 5-1 5.1 American Reliance Inc. (AMREL) 5-1 5.1.1 Amrel Field Expedient Robot Controls Interoperability 5-2 5.1.2 Amrel Small-Footprint, Highly Integrated, Rugged Mobile Computing Solutions 5-2 5.2 BAE Systems 5-2 5.2.1 BAE Systems Ant Size Robot 5-3 5.2.2 BAE Personal Robots 5-5 5.2.3 BAE Systems Large UGV 5-5 5.3 Boston Dynamics 5-5 5.4 Doosan Infracore / Bobcat Company 5-6 5.5 General Dynamics 5-7 5.5.1 General Dynamics Combat Autonomous Mobility System (CAMS) 5-7 5.5.2 General Dynamics $60 Million Contract by U.S. Air Force for Mission Operations Support 5-8 5.5.3 General Dynamics Revenue 5-9 5.5.4 General Dynamics Business Group Revenue 5-10 5.5.5 General Dynamics Combat Systems Awards 5-13 5.5.6 General Dynamics Land Systems $24 Million Contract To Supply Commanders Remote Operated Weapons 5-13 5.5.7 General Dynamics Canadian Government¡¯s LAV III Upgrade Program 14 5.5.8 General Dynamics U.S. Military Vehicle Business 5-15 5.6 Gostai 5-16 5.7 iRobot 5-16 5.7.1 iRobot Home Robots 5-17 5.7.2 iRobot Government and Industrial Robots 5-17 5.7.3 iRobot Locations 5-17 5.7.4 iRobot Military Programs 5-17 5.7.5 iRobot Revenue 5-19 5.7.6 iRobot Geographic Information 5-25 5.7.7 iRobot Significant Customers 5-25 5.7.8 iRobot Description 5-25 5.7.9 iRobot Industry Segment, Geographic Information and Significant Customers 5-27 5.7.10 iRobot Home Robots 5-27 5.7.11 iRobot Government and Industrial 5-27 5.7.12 iRobot Geographic Information 5-32 5.7.13 iRobot Home Robot Division Revenue And Units Shipped 5-33 5.7.14 iRobot Government And Industrial Division 5-34 5.7.15 iRobot Strategy 5-36 5.7.16 iRobot Government and Industrial Products 5-38 5.7.17 iRobot Home Robots 5-42 5.7.18 iRobot Government & Industrial Robots 5-42 5.7.19 iRobot Partners and Strategic Alliance 5-43 5.7.20 iRobot / Boeing Company 5-43 5.7.21 iRobot / Advanced Scientific Concepts 5-43 5.7.22 iRobot / TASER International, 5-44 5.8 Kongsberg 5-44 5.8.1 Increased Scope of Kongsberg CROWS II Framework Agreement 5-45 5.8.2 Kongsberg Ownership 5-45 5.8.3 Kongsberg Manufacturing locations 5-46 5.8.4 Kongsberg Operations Revenue 5-47 5.8.5 Kongsberg Employees 5-47 5.9 Lockheed Martin 5-48 5.9.1 Lockheed Martin Defense Department Positioning 5-49 5.10 Northrop Grumman 5-53 5.10.1 Northrop Grumman Remotec Robots 5-54 5.11 Qinetiq / Foster-Miller 5-55 5.11.1 QinetiQ UK MOD and the US DoD provide target markets 5-56 5.11.2 QinetiQ Revenue 2005-2009 5-58 5.11.3 QinetiQ North America 5-61 5.11.4 QinetiQ Revenue 5-64 5.11.5 QinetiQ UK 5-66 5.11.6 QinetiQ North America 5-66 5.11.7 QinetiQ Autonomy and Robotics 5-67 5.11.8 QinetiQ Group Revenues 5-68 5.11.9 QinetiQ Business Review Governance 5-70 5.11.10 QinetiQ Revenue By Customer 5-71 5.11.11 QinetiQ North America 5-73 5.12 QinetiQ North America / Foster-Miller 5-75 5.12.1 QinetiQ North America / Foster-Miller 5-77 5.12.2 QinetiQ Common Robotic Controller (CRC) 5-77 5.12.3 QinetiQ North America World-Class Technology 5-78 5.12.4 QinetiQ North America Technology Solutions Group 5-79 5.13 Robotic Technology Inc. 5-79 5.13.1 RTI Energetically Autonomous Tactical Robot (EATR) Project 5-80 5.13.2 RTI Intelligent Vehicle Technology Transfer (IVTT) Program 5-81 5.13.3 Robotic Technology Precision Urban Hopper 5-84 5.13.4 Robotic Technology Robot 5-85 5.14 Telerob 5-85 5.14.1 Telerob - EOD / IEDD Equipment, EOD Robots and Vehicles 5-86 5.14.2 TEODor Heavy Duty Explosive Ordnance Disposal (EOD) Robot 5-87 5.14.3 Telerob Telemax High-Mobility EOD Robot 5-88 5.14.4 Telerob EOD / IEDD service vehicles 5-88 5.14.5 Telerob¡¯s Electrical Force-Reflecting-Manipulators (FRMs) 5-91 5.14.6 American Crane and Equipment Corp and Telerob Partnership 5-92 5.15 Versa / Allen-Vanguard 5-93 5.15.1 Allen Vanguard Trading Suspended on Stock 5-94 5.15.2 Allen Vanguard HAL® EOD/IEDD/ Search Tasks Hook and Line System 5-96 5.15.3 Versa / Allen Vanguard Equinox I 5-99 5.15.4 Versa / Allen Vanguard Field Test Set 5-100 5.15.5 Allen-Vanguard Revenue 5-100 5.16 VIA Technologies 5-103 5.16.1 VIA Technologies Complete Platform Provider 5-104 5.16.2 VIA Technologies Market Leadership 5-104 5.16.3 VIA Technologies Global Operations 5-105 5.16.4 VIA Technologies Meeting the Market Challenge 5-106 5.16.5 VIA Technologies Dynamic Fabless Business Model 5-107 5.17 Selected Manufacturers of Military Robots 5-107 5.18 Government Agencies and Other Organisations Using Military Robots 5-111 5.18.1 RTI Intelligent Vehicle Technology Transfer (IVTT) Program 5-114
Readers call for charity for family of Phuket murder victim
PHUKET: In response to recurring suggestions from readers that a donation channel be set up to raise funds to help the mother and two young children of murder victim Chauncy on BLR's 2009 National Employment Law Update
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What Makes for a Quality Business Agreement - or a Contract?
The contract is the foundation of doing business. Does that sound too formal to you? Is a handshake agreement good enough for many? Well, even though it may not be as air tight as, say, a contractor agreement, a handshake deal is still a contract. The moment two people agree to terms when it comes to the exchange of goods and services for a price, they have entered into a legal contract. It's why knowledge of contracts and the issues involved should be important to all people in business, and why knowing the difference between a good and bad contract can protect your interests.
In fact, knowing more about contracts is like knowing more about life and history in general. Contract law is certainly not the creation of a few thoughtful individuals, nor is it part of any kind of grand design. Indeed, contract law has much of its roots in the common law foundation of American society.
That is, contract law is somewhat a textbook example of how common law developed in Britain and the United States. People engage in business transactions. Eventually, some of these become sources of disputes between various parties. Some laws already on the books may cover the dispute. Very often, they don't. So that's where a court needs to step in to cover so-called tricky cases and establish new laws. These are called precedents, which are then carried over to similar cases in the future.
It's the establishment of these precedents alongside legislated law that forms the foundation of common law in general, and contract law specifically. Although it's certainly not necessary to do extensive research in case law to gain a better understanding of things like legal contracts and the contractor agreement; contacting those specialists who do might be wise. They're called lawyers. Alternatively, just knowing that contract law isn't always written in stone should perhaps make it more imperative that good contracts can cover your interests in as many situations as possible.
It is the desire to avoid grey areas and matters of interpretation that creates the need to form contracts to protect your interests. In other words, a handshake can get you in trouble, since the specifics of such a contract can be a matter open to interpretation. What is less open to interpretation is a legal contract or contractor agreement that specifically states the obligations of all parties of a contract. The more the contract clearly outlines these obligations, the better off all parties will be, especially if there ends up being a dispute.
It's not just the simple exchange of goods and services for a fee that are subject to contractual arrangements, of course. There are numerous components of business and related activities that come under the umbrella of contracts.
If you want to outsource your activities to someone else, that's a contract. You hire people for a period of time, that's a contract. You hire people to fix something in your office, that's a contract. Almost any decision to form an arrangement with someone else, especially when money is involved, can form the basis of a contractual arrangement carrying with it all the duties and obligations of a legal contract.
Another way of putting it is this: If you're doing business with anyone to any degree, there's a contract involved there somewhere. And if it could potentially impact you and your business, you better get it down on paper. Some contracts may not need to be as formal as a contractor agreement, but the more specific a legal contract it is, the better position you can be in to protect your interests and that of your business.
Indeed, laying out as much specificity in the contract, while keeping it simple, goes a long way towards creating the good legal contract. It should lay out things like the parties obligated to the contract, the financial arrangements agreed upon, what circumstances would lead to the termination of the contract, what mechanisms can be used to resolve disputes, and what jurisdiction applies to the terms of the contract. The more that's outlined in the contract, while making it easy to understand for all parties involved, the less of a chance that a court will even be needed to sort it all out.
After all, one of the benefits of a good legal contract is that it discourages people to resort to the courts to try and settle disputes in their favor. If most applicable terms are laid out in a good contract, the temptation to try and score through a lawsuit will be mitigated. No one wants to waste time and resources disputing an air tight contract. If the terms are laid out properly, and each party knows specifically what their obligations are, then further difficulties down the road are that much more unlikely.
Perhaps nowhere is this more true than with respect to the contractor agreement. Companies are hired to do projects of all sorts for all kinds of clients. While it's great to answer the phone, learn that someone wants to contract for your services, and pay you a lot to do it, it really doesn't hurt if you already have prepared a contractor agreement that covers both your interests before getting started. It lets the client know what kind of people they're hiring, while also protecting you from somebody who plays loose with the notion of what a business contract is.
About the Author
James Cochran is the founder of ContractEdge, a provider of legal contracts and agreements designed specifically for IT professionals and contractors. Created by attorneys who specialize in Information Technology law, ContractEdge contractor agreements and legal contracts go beyond the standard provisions and include critical special provisions unique to the IT industry.
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Researching North Carolina Arrest Records
There are various reasons why people search for North Carolina Arrest Records. Among those that are on the list are for one's security and for employment purposes. It is also in-demand to those legal authorities, such as the attorneys, for them to gather the necessary information regarding their client and the other party. Thus, any types of purposes from any individual can be served by checking on these files.
Anyone who will be working directly with children, the sick, the disabled, or the elderly, is usually the subject for North Carolina Criminal Records check. However, the law mandates that any employer who wishes to conduct the said check should inform the applicant of the process, and in return, the latter should give his consent to it. After which, the Department of Justice will provide the criminal record check for a minimal fee. But if in case, the applicant does not say yes to that investigation, then that available position to be filled up may not be given to him or her.
For those who would like to conduct an investigation, a request must be submitted first to the Department of Justice within five business days of making a conditional offer of employment. After the said process was conducted, all the gathered information is not subject to anyone's access, except for the applicant or the person who was investigated. For those cases in which it was found out that the person was convicted in any crime, it is the prerogative of the employer to either hire that person or not, based on some determining factors.
Taking advantage of the benefits that are provided by these arrest records cannot be experienced by those employers alone; ordinary people can do the same thing too. If someone wants to conduct an investigation regarding the background of a certain stranger, then he can make use of this NC Arrest Records, which basically answers those common questions that you may have in mind such as the person's past and present activities, and those cases that are linked to him. Therefore, if you seem to be threatened and your family and company might be at risk because of this suspicious person, then starting this process is the best preventive way against any possible danger.
Nowadays, the existence of those Free Criminal Records is not new to everyone already. However, if you would decide to do it for no cost at all, you have to consider the level of difficulty that you may encounter along the way, as well as the long period of time that you may have to spend before getting that desired information. With this, luxury of time and a bundle of patience are necessary. Aside from that, the result that this kind of service produces is not at all reliable and complete. Thus, if it's just for mere curiosity and nothing else, then you may go for these free searches. Otherwise, you better think twice.
The good news is that choosing the service of those free search sites is not your only option anymore because paid services also exist online now. The scope of information that you need for the search and the quality of the database that they have will determine the cost that you'll have to pay for the service. Some of the things that a perfect service provider should offer include that guaranteed convenience, high-quality report, great databases, total refund, and a 24/7 assistance. Therefore, go back to your main purpose for searching prior to making a decision as to which service to use.
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Worker Classification Investigations Gain Momentum
Currently, one of the fastest growing areas of litigation, including class action suits, is in the proper classification of workers as either employees or Independent Contractors. The dictionary defines an Independent Contractor as "a person who contracts to do work for another person according to his or her own processes and methods; the contractor is not subject to another's control except for what is specified in a mutually binding agreement for a specific job." Misclassifying a worker as an Independent Contractor can have far reaching implications including high dollar liabilities.
The Internal Revenue Service (IRS) has very strict criteria for determining the Independent Contractor vs. Employee status that has been in place for many years (discussed later in this article). Federal Express has been a poster child for this issue, owing the IRS $319 million in back taxes. In a suit filed against Northwestern Mutual Life Insurance Company, the proposed class is seeking $200 million for misclassified workers.
At the federal level, the IRS is in the midst of a misclassification crackdown. It is important to note that on the Federal level there has been previously proposed federal legislation - the Independent Contractor Proper Classification Act - that is expected to be revisited by Congress. This act imposes strict penalties on employers for worker misclassification. A brief summary of the act is below;
Independent Contractor Proper Classification Act of 2007 - Amends the Revenue Act of 1978 to: (1) require employers to treat workers misclassified as independent contractors as employees for employment tax purposes upon a determination of misclassification by the Secretary of the Treasury; (2) repeal the ban on Treasury regulations or revenue rulings on employee/independent contractor classifications; and (3) eliminate the defense of industry practice as a justification for misclassifying workers as independent contractors.
In addition to the Federal Act discussed above, many states have current or pending legislation of a similar nature. Some examples are;
Illinois: Enacted The Illinois Employee Classification Act effective January 1, 2008, which imposes harsh civil and criminal penalties for misclassification of workers.
Colorado: Enacted H.B.1310 in June 2009. Imposes penalties up to $5,000.00 per employee for a first offense & up to $25,000.00 per employee for subsequent violations for misclassified workers.
Maryland has instituted the Workplace Fraud Act effective October 2009.
You might be wondering at this point: what's the big deal is if a worker is classified as an Independent Contractor or an employee? Workers that are misclassified as independent contractors are denied many protections afforded to employees including, but not limited to, wage & hour laws, benefits (including workers compensation and unemployment insurance payments), and protection under non-discrimination laws.
Thomas E. Perez, Secretary of Maryland, offered this quote on regarding Maryland's Workplace Fraud Act, "This new law will ensure that employers who attempt to cheat the system, their workers and their competitors, will pay a steep price for their actions. It should send a message that we will be fair to those employers who are trying to play by the rules, but we will not tolerate flagrant and intentional violations of the law for personal gain."
Both the federal and state governments are recognizing that in many cases employers intentionally misclassify workers as Independent Contractors in order to avoid payroll tax liabilities, workers compensation premiums, and/or wage & overtime responsibilities on these workers. The IRS estimates that the federal lost tax revenue for misclassified workers as $3 - $5 billion (yes, billion) dollars per year. It is estimated that 7 15% of workers are misclassified as Independent Contractors.
As you can imagine, there are many federal and state entities that have an interest in the misclassification of workers:
United Stated Department of Labor
Internal Revenue Service
State Tax Departments
Unemployment Agencies
Workers Compensation
National Labor Relations Board
Federal Courts
State Courts
The penalties for misclassification include civil fines, criminal penalties, being barred from federal and/or state contracts, and private rights of action for the aggrieved workers.
To determine if a worker is an Independent Contractor can be challenging, especially since there are different criteria for the various federal and state entities mentioned above. Even though there are different tests, most tests flow from the long established principles of the IRS. The IRS employs a 20 Factor Test that determines the employers level of control in these categories: Behavioral, Financial and Type of Relationship. Please see the links below for more information and guidance on properly classifying workers.
If you want to learn more Human Resources Tips, please click here for more information.
About the Author
Michele O Donnell, M.S. Human Resources Management. joined MMC, Inc. in January 2007 and currently leads MMC's elite team of HR Consultants. Ms. O Donnell has been involved in the Human Resources industry for more than 14 years, bringing vast training and management experience to the MMC leadership ranks. Her experience spans the broad scope of labor law, regulatory compliance and HR Best Practices, drawn from her rich experience as Director of HR for several firms throughout her career. She currently works to ensure that MMC's consultants forge long lasting relationships with our clients, fostered in exceptional service and unsurpassed HR expertise. Ms. O Donnell earned her baccalaureate degree in Business Administration from Auburn University before receiving her Masters degree in Human Resource Management from Troy State University. Learn more about MMC’s comprehensive HR services at http://www.mmchr.com
9 Things to Know About an Employment Contract... Before You
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Company Law
Company law regulates the formation of a company, sets out rules for running firms and deals with the duties and rights of shareholders and company directors. It also involves employment law covering aspects of employment such as formation of contracts of employment and situations of unfair dismissal. Additionally, company law incorporates issues relating to land, patents and copyrights and marine law.
Company law is also known as Corporate Lawor Corporations Law and is crucial for the running of big and dominant business enterprises of the modern world. The study of company law includes subjects such as shareholders, creditors, directors, employees and other stakeholders such as consumers.
Formulation of Company Law
Countries have different methods of formulating their company laws. For instance, in Australia, the Corporations Act 2001 is the act of the Commonwealth of Australia. This Corporations Act deals with business entities in Australia at both federal and state levels. The law mainly focuses on companies apart from covering some other business entities such as managed investment schemes and partnerships.
The Corporations Act is a set of laws which is over several thousand pages long. This is the principal legislation that regulates companies in Australia. Matters such as formation and operation of companies, takeovers, fundraising and duties of officers are regulated by the law. Such legislations are drafted by most other countries for regulating companies functioning therein.
Corporate Law and Business Entities
Corporate law deals with many types of business entities. In particular, corporate law would involve the entities:
Holding assets, plants and equipments
Holding intellectual property and leases
Licensing a subsidiary for utilizing assets under the license
Charging the subsidiary a license fees
Entering into service agreements with their subsidiaries for providing services
Consulting Services under Company Law
Fallowing are the areas of company law where you can seek advice from a company lawyer:
Directors’ duties, rights and liabilities
Corporations Law compliance
Incorporation of companies
Reductions of capital
Restructuring and reconstructions
Securities enforcement and debt recovery
Insolvency
Takeovers
Trade practices compliance
If you wish to seek advice on issues related to company law such as capital gains consequences and business restructuring then Rosendorffwould be the best firm to consult. The company specializes on all aspects of Australian Corporations Act 2001.
About the Author
Corporate Business Lawyers - Rosendorff Lawyers is a Melbourne law firm based in Queens Road in Melbourne. Our tenacity, combined with our technologically advanced infrastructure, allows us to deliver seamless, commercial solutions.
Teresa R. Hernandez vs Santa Clara Unified School District
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i gave notice to my current employer after accepting a new job and signing a contract but now i have been told im not wanted by my new employer, where do i stand i freely left my old job so i cant claim JSA, can i sue new employer for unfair dismissal
I don't think so. But if you have some sort of letter from the nearly new employer this will help. Luck.
Saudi Corruption - Criminal Politicians Exposed UK TV
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Debate on state's climate change law hits home
AZUSA - Automotive engineer and hot rod aficionado Gale Banks pointed to various engines and cars in his shop last week and criticized state regulations for "bogging down" his ability to advance the clean, efficient diesel technology that won those engines awards. Rahul Gandhi in Wardha (Maharashtra),31-03-2009
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Unfair Dismissal at your workplace because of Racial and Sexual Harassment!
Unfair dismissal at ones workplace is termination of employment without a warning or citing of constructive reasons. Employees find complaining about unfair dismissal a bit too difficult since most HR laws state that the employee needs to complete atleast one year within the organisation. And if the employee has not, which usually is the case, and then he/she is left in the lurch without a job. Unfair dismissals usually occur in cases of sexual harassment or racial discrimination against the employee.
Every employee is entitled to equal employment opportunities, disregarding the basis of his race, religion or gender. However it generally is seen that some employers dismiss their employees citing reasons that are unreasonable and in most cases untrue. The true undisclosed reason could be because the employee belongs to a different race or the employee has not succumbed to sexual advancements made by the employer or an employee favoured by the employer. It is a complex issue since employees are never told of the reason they are asked to leave their jobs. Every employee has the right to know of the valid reason for dismissal and if not done so can make a claim in the Employment Tribunal as stated in the Employment Laws. Again the drawback is the employee should have completed atleast a year in the organisation to make a dismissal claim.
If you are being sexually harassed at your workplace, it definitely is against your will and wish. In these situations it is imperative that you blow the whistle on such acts before your employer even thinks of dismissing you. You do not want to be sacked because you disapprove of sexual harassment and you don’t want to sit on it, especially when you can nip it at the bud. Sexual harassment could be when there is unnecessary conduct that relates to the gender you belong to. Sexual harassment hampers the employee’s dignity and creates an environment that is hostile and degrading to work in. You can also be a victim of sexual harassment if your employee favours your colleague over you just because you are of the opposite sex. There are also a few cases where a woman finds her job being given to someone else after she’s back from her maternity leave. Or the lady employee is asked to leave primarily because she is pregnant, while cleverly there are different reasons that are given for her termination.
Being dismissed from your work place just because you are of a different color, race or creed, without giving proper reasons as to why you have been removed from your work place is termed as unfair dismissal on the basis of racial discrimination. Existing employees face discrimination when their jobs or responsibilities are given off to someone more favourable with the employer or are of the opposite sex. Most of the times, applicants are not hired because of the different race or color they belong to. Most common is the fact that they are underemployed and underpaid and the right employment facilities are not given to them.
The UK has laws in this case to protect employees in the form of The Sex and Discrimination Act (1975 STA) that mentions, that is not law biding if a man or a women, married or unmarried is unfairly dismissed or discriminated.
About the Author
It is possible that you could be a victim of racial discrimination and sexual harassment at work which could lead to unfair dismissal. Why wait to be sacked? You need to know the employment law and blow the whistle!
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Jackson, Ohio Police Department Faces Budget Problems
The budget for the 23 person police department is nearly $1 Million in the red Senate Session 2010-03-25 (20:45:03-21:34:04)
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After the Icelandic volcano: what the lawyers expect next
The stragglers among the stranded volcano victims may be arriving home but we are not out of the ash cloud yet. Indeed — from a legal perspective — the crisis has barely started. Only now, as people dust themselves down and turn to the paperwork, can we start to get a glimmer of what lies ahead. Working Time and Holidays: a practical legal guide by Lucy McLynn
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You are going to need documents that can help you in your business. There are a few key employment and Human Resource documents that you will need. On this site we offer documents like employment contracts, consultancy agreements, compromise agreements and employee handbooks. We also offer guides that will explain the documents and what they are used for. Before downloading you need to know what we offer in order to download the right forms. You will notice our quick and easy menu of documents. This menu will take you to an overview of the document, and a place to either buy now or gather more information.
There will be two sections of documents. One section will be of the employee contracts. There is not just one employee contract that can be used in a business. Instead there are more than eight.. The Permanent full time employee contract has 28 clauses that cover the information employees must provide to you and your business. You also have part time employee contracts, the company driver pack, director’s service agreement, apprentice, and temporary casual employee contract. Each of these employee contracts will contain the information you need to succeed in business employee relations. Employment Law Made Easy provides necessary documents to ensure you are within the laws of employment by handing out the employment documents you need. There are laws when it comes to hiring, terminating, and promoting an employee. These laws have everything to do with fair employment practices. Some of the employment documents you may need include absence, discipline, grievance, maternity, and redundancy. Our site has these forms for you in a quick download option.
You can know more about it and can download readymade documents from here . There are also other documents that a landlord needs including inventory checklists and termination notices.
About the Author
employment law is a site where u can easily find a documents which are easily downloadable for private residential lettings.
Irwin Mitchell Glenn Hayes Employment Law Advice Redundancy
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"DIVORCE LAW of INDIA NEEDS URGENT AMENDMENT" - LAW MINISTER OF INDIA
DIVORCE LAW of INDIA –
AMENDMENT AS PER LAW COMMISSION’S RECOMMENDATION IN 2009 –
NOT YET DONE
Another case of: - JUSTICE DENAIED when JUSTICE DELAYED
Groom: Aged about 40yrs, Bride: 41 yrs, Son: Aged about 12yrs
PAST
On or about 1984, I, at the age of 15 years proposed to a 16-year girl – and the story began. I forgot that I lost my father at the age of 11 years, had a sister aged 6 years and my widow mother. I had lots of responsibilities to carry out as the only son of my beloved father. In a romantic mood, I forgot the difference in financial status of the two families. The story could have been entirely different if the girl would have refused me then and there, but she accepted me. But her family was “matured” and they opposed it in every possible way. I had my first big exam (10+) just at door. In spite of broken heart I tried my best and got 70% in the exam.
Thereafter I could realise the real state of affairs, as the girl became totally silent. But I wanted to meet the girl at least once and finally found her in July 1988, in her college, 15 km away from her home. In between, the girl never informed me about her whereabouts. Again on that day the girl agreed to “CARRY ON” the romance for the time being.
In 1994, myself got married after lots of inside drama from her family. Her father could never accept me “from heart” as an eligible husband of his daughter and he did a “FAVOUR” to us; by managing to get a job for her, in a school 65 km away from her in-law’s house, just a month before the said marriage. Meantime I managed to make a house with the proceeds received from LIC, obtained after my father’s death. At that time, I was looking after the “small” business left by my father. But her father could never rely on my financial condition and his daughter continued with the service by ferrying daily up and down 130 km. She used to stay very often at her father’s house (close to workplace). She conceived in 1995, but had a miscarriage, and she had two more miscarriages after that in two consecutive years. I lost the joy of being a FATHER and the doctors told specifically that all these miscarriages happened due to her daily strenuous journey. In between, I have decided to take up a job. And my wife finally decided to leave her job, her father also agreed (after some drama again) to the decision. And just after that she became the “proud mother” of our only son. But she could never forgive me for that decision, although she made her own decision always.
I started feeling humiliated for the indirect responsibility for the cause of leaving her job. The misunderstanding began and it increased day after day. I concentrated on my job, and obtained recognition from my employer. I was earning enough to carry on my responsibilities. I built up another floor in the house, since my mother had a long desire for that. I performed my last pending duty by getting my sister married in 2006. I started realising slowly, that I am nothing but a moneymaking machine for my wife. Needless to say, in between, the marriage lost all its charm in all way. My wife became a “lady” by then and was reasonably satisfied with her monetary status, and I became a late 30’s gentleman and kept myself satisfied with my job with an understanding that for the sake of my son, we should stay together.
But from 2007, she started taunting me even in front of my son. I became mentally broke. My health was broken, started suffering from IBS, BP etc. (diseases from tension and mental unrest) and started thinking about separation and divorce. I had to take sedative regularly. At the same time I was worried about my son’s future. We were sleeping in different rooms from 2008. My wife stopped using Sindoor from 2006. I really wanted to forget all her past behaviours as bad dreams, but I couldn’t. I love my job; it has given me my own identity and before the situation affects my job performance, I wanted to end it. I was in a dilemma till April 2009 (on the death anniversary of my father); when she humiliated me about my parents and myself with some nasty words (“you have some problem in your blood, that’s why I am worried about my son’s future staying with you”). I have finally decided for DIVORCE. Previously, she said many times that she would also prefer the mutual application for Divorce. But this time she disagreed and after discussing with her father, they demanded huge ransom money as “compensation”. She also told me that as divorce is inevitable, one of us should leave the house. I wanted to provide my son at least the same house after separation, which I felt necessary for my son’s upbringing. I shifted to a rented apartment near my place of work in July 2009. She was taking money (whatever needed) from me as usual and delaying the filing process for any separation, keeping the same humiliation process on. I agreed (also paid till date) to pay all necessary expenses for maintenance of my son and wife, including the maintenance for the house where they are still staying with my mother. After all this in 25 years, her father again failed to rely on me. Earlier, I had no money, so they hesitated to get myself married to her. But now, they do not know how much money to claim from me, to spoil me even after Divorce, and that is why they are hesitating to go for a mutual divorce. So I had no other alternative to file the divorce petition in September 2009. I know lots of odds will come from my mother and relatives, as divorce is still considered as a social taboo. Each marriage is between two individual – not between “Ideal Wife” and “Ideal Husband”. I am responsible for my job (doing it last 13 years) as well as my family. I belong to a social class and agree to pay any reasonable maintenance (the only sub clause was recommended as check measure for divorce for Irretrievable Break Down) as decided by the Honourable Court.
Contest divorce itself is a very tough decision. Even in my professional life, people are not taking it easily. Still I want to take my own black spots, my failure in the marriage - to the public, at least to the people who matters; cant play hide and seek game anymore. I stopped myself several times; thinking about my son, but he should also better see one parent than parents without love or respect for each other. Perhaps by staying apart both of us can maintain a healthy relation with him.
PRESENT
[ Lots of incidents happened in between: -
In October, I felt sad for my son (but nothing for my wife) and came to my old address. But the “drama” continued. I got seriously depressed after noticing my wife’s behavior. Actually she got much more “CRUEL”, and silently (sometime with abusive language in a very low voice) she started humiliating me. Finally, I went to a psychiatrist. I was suffering from a tremendous depression and trauma for my wife’s behavior. After being checked up by 2 more doctors, I am taking anti-depressant drugs since then. Recently (January, 2009) I got a “fit certificate” from Doctor, but still having medicines. In between, she forced to bring all household goods from my rented apartment and stopped to me sell the same, although some items (like fridge) were duplicated. I really got spellbound noticing her attitude. She forced me to shift to 1st floor leaving my mother on ground floor. On 1st floor we were sleeping in different rooms .Now I am again residing at my rented apartment. ]
Now it’s already 5 months gone after my filing. The first date was in Dec 2009. On that day I just got another date. And on the next date also, I shall surely get just “another date.”
Is not this the right (if not delayed already) time to address the problem associated with Indian Divorce Act itself? Please note, I am not the 1st to say this, the law commissions already felt this in 1971 and 2009 (reports enclosed). Both “seriously” recommended introducing THE IRRETRIEVABLE BREAK DOWN OF MARRIAGE as another ground for divorce. We have now a “Fault divorce” and mutual divorce. When my partner and me can’t agree on a less affecting thing like “mutual divorce” (which means to break the tie of marriage), how can we STAY TOGETHER in marriage thereafter? All of us know that, staying together (in any form) requires much more agreement between any two people than to stay apart. That means I have to request (or beg or buy) my wife to be free from marriage, just like a sentenced captive from the Jail. Judiciaries indirectly being used as a tool to bargain terms for divorce, in cases like this. Yes, when there is legal battle between couple, who are staying separate over a year, the only motto can be to get a “good bargain” or to harass one spouse by mere non-cooperation. My wife now more “ cruel” in behaviour. She is fighting legally with me – that means she don’t have any ‘emotional” dependence on me. When we talk about our “old tradition of marriage” we often forget that, no “traditional” wife will come to court to keep or leave her marriage.
I would like to mention another thing. My petition primarily based on “CRUELTY”, as the most suitable “available ground” for divorce. But one has to understand that fairer sex normally don’t act “cruel” by physical nature. Even in some cases “SILENCE” or “ABSENCE OF CORDIAL NATURE” between husband and wife can be cruelty of severe nature, which happened in my case. And when a person like me, who act as a Manager in a reputed company, files the divorce for wife’s cruelty, it can effect my professional reputation to a great extent. Actually it’s very much humiliating for me to file the petition and fight for that. It’s not explainable to anyone, but one who is in similar condition, can very well understand this. Broken marriage is not a crime and by the recommended amendment, divorce law can address that break with far less complexity. As we all know, nobody or nothing can compel a couple or any two people to live together. Present Divorce Law can delay (and make more bitter) the process of divorce, but can’t really change the direction in this scenario.
Can the Judiciary ask me to point out very private part of my life like marriage? Is not this hampering my basic fundamental right as a citizen? When there is no such law for a “father & son” or “mother & son” relation to be in that tie for ever (although maintenance clause is there), why would be such gross disparity in case of marriage? Are later the more “NOBLE” or “MUST ON” relations than the earlier? Is institution of marriage a serious “offense”, which if I have done once, can’t be freed till my death? Is wedlock means deadlock?
Now as an effect I have two options –
EITHER to stay in my marriage forgetting about my own negative feelings compromising with my health and peace of mind
OR
To badmouth my son’s mother in the court to prove her fault to get rid of her.
In both cases either my wife or I would be sufferer, not the Honurable Judiciary or the legislative body! Won’t the chances of any healthy relation would decrease or diminish just because of amount of tension created between us during the process, as more dates means more blames or more defense (which is also a part of attack mechanism)? Even the child would be indirectly sufferer for the bitterness between the parents as helpless witness of the whole event. Breaking up is a hard decision for anyone, but while doing, why we (in the process itself for its duration & nature) need to be nasty instead of peaceful? If a marriage can be done in a one-month notice period, why the divorce would be delayed for YEARS?
I am referring to some very pertinent cases where Honourable Supreme Court of India understood the gravity of the circumstances and granted the decree of divorce by dissolving the marriage, sometimes even after the lower court’s verdict in an opposite direction. In most of the cases, petition filed against wife’s cruelty. Judiciary understood that delaying the process would only increase bitterness between the couple. Whenever we delay something, it affects. In this scenario its affecting unfortunate people like me.
(6) SMT. KANCHAN DEVI Vs. PROMOD KUMAR MITTAL & ANR.
DATE OF JUDGMENT: 03/04/1996
BENCH:ANAND, A.S. (J)
BENCH:ANAND, A.S. (J)FAIZAN UDDIN (J)
CITATION:JT 1996 (5) 655 1996 SCALE (3)293
(7) Ashok Hurra Vs Rupa Bipin Zaveri
DATE OF JUDGMENT: 10/03/1997
CIVIL APPEAL NO 1835 OF 1997
(8) G.V.N. KAMESWAR RAO Vs G. JABILLI
DATE OF JUDGMENT: 10/01/2002
CASE NO.:Appeal (civil) 140 of 2002
BENCH: D.P. Mohapatra & K.G. Balakrishnan
(9) Praveen Mehta Vs Inderjit Mehta
DATE OF JUDGMENT 11/07/2002
CASE NO.: Appeal (civil) 3930 of 2002
(10) A. Jayachandra Vs Aneel Kaur
DATE OF JUDGMENT: 02/12/2004
CASE NO.:Appeal (civil) 7763-7764 of 2004
BENCH: RUMA PAL, ARIJIT PASAYAT & C.K.THAKKER
(11) Durga Prasanna Tripathy Vs Arundhati Tripathy DATE OF JUDGMENT : 23/08/2005
CASE NO.: Appeal (civil) 5184 of 2005
(12) Vineeta Saxena Vs Pankaj Pandit
DATE OF JUDGMENT: 21/03/2006
CASE NO.: Appeal (civil) 1687 of 2006
BENCH: Ruma Pal & Dr. AR. Lakshmanan
(13) K R MAHESH Vs MANJULA
DATE OF JUDGMENT: 11/07/2006
CASE NO.:Transfer Petition (civil) 947 of 2005
BENCH:ARIJIT PASAYAT & S.H. KAPADIA
(14) Kajol Ghosh Vs Sanghamitra Ghosh
DATE OF JUDGMENT: 20/11/2006
CASE NO.: Transfer Petition (civil) 228 of 2004
BENCH: G.P. MATHUR & DALVEER BHANDARI
(15) Rishikesh Sharma Vs Saroj Sharma
DATE OF JUDGMENT 21/11/2006
CASE NO.:Appeal (civil) 5129 of 2006
(16) Sujata Uday Patil Vs Uday Madhukar Patil
DATE OF JUDGMENT: 13/12/2006
CASE NO.: Appeal (civil) 5779 of 2006
BENCH: G.P. Mathur & A.K. Mathur
(17) Mayadevi Vs Jagdhish Prasad
DATE OF JUDGMENT: 21/02/2007
CASE NO.:Appeal (civil) 877 of 2007
BENCH: Dr. ARIJIT PASAYAT & DALVEER BHANDARI
(18) Samar Ghosh Vs Jaya Ghosh
DATE OF JUDGMENT: 26/03/2007
CASE NO.: Appeal (civil) 151 of 2004BENCH: B.N. Agrawal, P.P. Naolekar & Dalveer Bhandari
(19) Satish Sitole Vs Smt Ganga
DATE OF JUDGMENT : 10/07/2008
CIVIL APPEAL No. 7567 of 2004
(20) Suman Kapur Vs Sudhir Kapur
DATE OF JUDGMENT 07/11/2008
CIVIL APPEAL NO.6582 OF 2008
And Last but not the least, THE LANDMARK JUDGEMENT
(21) Naveen Kohli Vs Neelu Kohli
DATE OF JUDGMENT 21/03/2006
CASE NO.:Appeal (civil) 812 of 2004
Some Newspaper articles about our present Divorce Law: -
“Examining the irretrievable breakdown of marriage as a ground for divorce Ankit Kejriwal, Prayank Nayak
Irretrievable breakdown of marriage can be defined as such failure in the matrimonial relationship or such circumstances adverse to that relationship that no reasonable probability remains of the spouses remaining together as husband and wife for mutual comfort and support. It is the situation that occurs in a marriage when one spouse refuses to live with the other and will not work towards reconciliation. When there is not an iota of hope that parties can be reconciled to continue their matrimonial life, the marriage can be considered as Irretrievable Breakdown of marriage.
This concept was first introduced in New Zealand. The Divorce and Matrimonial Causes Amendment Act, 1920 included for the first time the provision for separation agreement for three or more years was a ground for making petition to the court for divorce and the court was discretion whether to grant divorce or not. In England, the gate for this theory was opened up in the case of Masarati v. Masarati, where both the parties to the marriage had committed adultery. The court of appeal, on wife’s petition for divorce, observed breakdown of marriage. The law commission of England in its report said, The objectives of good divorce law are two: one to buttress rather than to undermine the stability of marriage and two, when regrettably a marriage has broken down, to enable the empty shell to be destroyed with maximum fairness, and minimum bitterness, humiliation and distress. On the recommendation of the Law commission, Irretrievable Breakdown of Marriage was made the sole ground for divorce under section 1 of the Divorce Law reforms Act, 1973. The Matrimonial Causes Act, 1959 of the Commonwealth of Australia provided for divorce on the grounds of breakdown of marriage. In India, breakdown of marriage is still not ground divorce in spite of the recommendation of the Law Commission and various Supreme Court judgments to include breakdown of marriage as a ground for divorce. This paper examines the need to introduce irretrievable breakdown of marriage as a ground of divorce.
Theories of divorce
The provisions relating to divorce are contained in Sec 13 of Hindu Marriage Act, 1955. The Act recognizes two theories of Divorce: the fault theory and divorce by mutual consent. Under the fault theory, marriage can be dissolved only when either party to the marriage had committed a matrimonial offence. Under this theory it is necessary to have a guilty and an innocent party and only innocent party can seek the remedy of divorce. However the most striking feature and drawback is that if both parties have been at fault, there is no remedy available.
Another theory of divorce is that of mutual consent. The underlying rationale is that since two persons can marry by their free will, they should also be allowed to move out of their relationship of their own free will. However critics of this theory say that this approach will promote immorality as it will lead to hasty divorces and parties would dissolve their marriage even if there were slight incompatibility of temperament. Some of the grounds available under Hindu Marriage Act can be said to be under the theory of frustration by reason of specified circumstances. These include civil death, renouncement of the world etc. In this article we shall see that how these theories, owing to change in social circumstances and change in attitude towards the institution of marriage had failed to provide full justice in matrimonial cases.
Judicial opinions
The Supreme Court has adopted a literal view and granted divorce under irretrievable breakdown of marriage. In Ashok Hurra v. Rupa Bipin Zaveri, the husband and wife filed a suit for divorce by mutual consent. But, subsequently wife withdrew her consent. So the petition was dismissed by trial court. The Supreme Court held that We are of the view that cumulative effect of various aspects involved in the case indisputably point out that marriage is dead both emotionally and practically, and there is no chance at all of the same being revived and continuation of such relationship is only for name-sake. The Honble Court used Article 142 and granted divorce. The Delhi High Court in its full judge bench decision in Ram Kali v. Gopal Das, took note of modern trend not to insist on maintenance of an union which was broken and said, ‘it would be practical and realist approach, indeed it would be unreasonable and inhumane, to compel the marriage to keep up the facade of marriage even though the rift between them is complete and there are no prospects of their living together as husband and wife’. In the case of Savitri Pandey v. Prem Chandra Pandey, the Supreme Court reiterated the need for the inclusion of irretrievable breakdown of marriage as a ground for divorce. The Supreme Court in Manjula v. K.R. Mahesh held, the marriage has irretrievably broken down and there would be no point in making an effort to bring about conciliation between the parties. In Neetu Kohli v. Naveen Kohli, husband alleged that the wife was quarrelsome and was found in compromising situation with one Biswas Rout. The wife counter alleged that husband had a concubine. This established that the marriage had broken down irreparably and hence granted divorce on grounds of an irretrievable breakdown. It also observed that it was high time that this be included as ground for divorce in the Hindu Marriage Act, 1955.
Seventy-first Law Commission Report
The 71st Law Commission of India submitted to the Government on 7th April 1978 dealt with the concept of irretrievable breakdown of marriage. This matter was taken by the Law Commission as a result of the reference made by the Government of India in the Ministry of Law, Justice and Company affairs. The Report points out the fact that the fault and the guilt theories of divorce are not sufficient and cause injustice in those cases where the situation is such that although none of the parties is at fault, or the fault is of such a nature that the parties to the marriage do not want to divulge it, yet there has arisen a situation in which the marriage cannot be worked. The marriage has all the outward manifestations of marriage but the real substance is gone, it’s just like an empty shell. The Report unequivocally asserts that in such circumstances it will be in the interest of justice to dissolve the marriage. It is also mentioned in the Report that in case the marriage has ceased to exist in substance and in reality, there is no reason for denying divorce; the parties alone can decide whether their mutual relationship provides the fulfillment, which they seek. Divorce should be seen as a solution and an escape route out of a difficult situation. Such divorce is unconcerned with the wrongs of the past, but is concerned with bringing the parties and the children to terms with the new situation and developments by working out the most satisfactory basis upon which they may regulate their relationship in the changed circumstances. The majority view, which is shared by most jurists, according to the Law Commission Report, is that human life has a short span and situations causing misery cannot be allowed to continue indefinitely. A halt has to be called at some stage. The law cannot turn a blind eye to such situations, nor can it decline to give adequate response to the necessities arising there from. By refusing to sever that tie the law in such cases do not serve the sanctity of marriage; on the contrary, it shows scant regard for the feelings and emotions of the parties.
Other jurisdictions
In most developed nations, the irretrievable breakdown of marriage is recognised as a ground for divorce.
New Zealand
New Zealand was the first country to recognize it, through the (New Zealand) Divorce and Matrimonial Causes Amendment Act, 1920 where a separation agreement for three years is a ground for making a divorce petition
AUSTRALIA
The Matrimonial Causes Act, 1959 of the commonwealth of Australia provided for divorce on the grounds of breakdown of marriage. The Family Law Act (Australia), 1975 considers irretrievable breakdown as sole ground for divorce If a marriage breaks down, it can legally be ended by the court granting a Divorce.There is only one ground for divorce in Australia - the fact that the marriage has irretrievably broken down. The legal test of irretrievable breakdown is that you have lived apart for at least twelve months and there is no prospect of reconciliation. As far as the court is concerned, this is all you have to establish. The judge won't be interested in who left whom, or whether one of you is having an affair, or whose 'fault' it was that the relationship broke down.
Brazil
Presumably due to the influence of the Roman Catholic Church, divorce only became legal in Brazil in 1977. Since January 2007, Brazilian couples can request a divorce at a notary's office when there is a consensus, the couple has been separated for more than a year and have no underage or special-needs children. The divorcees need only to present their national IDs, marriage certificate and pay a small fee to initiate the process, which is completed in two or three weeks.
Canada
Canada did not have a federal divorce law until 1968. Before that time, the process for getting a divorce varied from province to province. In Newfoundland and Quebec, it was necessary to get a private Act of Parliament in order to end a marriage. Most other provinces incorporated the English Matrimonial Causes Act of 1857 which allowed a husband to get a divorce on the grounds of his wife's adultery and a wife to get one only if she established that her husband committed any of a list of particular sexual behaviours but not simply adultery. Some provinces had legislation allowing either spouse to get a divorce on the basis of adultery. .
Under the Divorce Act, 1967-68 it (IBM) is clearly recognised as a ground for divorce, apart from the normal fault grounds.
The federal Divorce Act of 1968 standardized the law of divorce across Canada and introduced the no-fault concept of permanent marriage breakdown as a ground for divorce as well as fault based grounds including adultery, cruelty and desertion.
In Canada, while civil and political rights are in the jurisdiction of the provinces, the Constitution of Canada specifically made marriage and divorce the realm of the federal government. Essentially this means that Canada's divorce law is uniform throughout Canada, even in Quebec, which differs from the other provinces in its use of the civil law as codified in the Civil Code of Quebec as opposed to the common law that is in force in the other provinces and generally interpreted in similar ways throughout the Anglo-Canadian provinces.
The Canada Divorce Act recognizes divorce only on the ground of breakdown of the marriage. Breakdown can only be established if one of three grounds hold: adultery, cruelty, and being separated for one year.
Most divorces proceed on the basis of the spouses being separated for one year, even if there has been cruelty or adultery. This is because proving cruelty or adultery is expensive and time consuming. The one-year period of separation starts from the time at least one spouse intends to live separate and apart from the other and acts on it. A couple does not need a court order to be separated,since there is no such thing as a "legal separation" in Canada. A couple can even be considered to be "separated" even if they are living in the same dwelling. Either spouse can apply for a divorce in the province in which either the husband or wife has lived for at least one year.
On September 13, 2004, the Ontario Court of Appeal declared a portion of the Divorce Act also unconstitutional for excluding same-sex marriages, which at the time of the decision were recognized in three provinces and one territory. It ordered same-sex marriages read into that act, permitting the plaintiffs, a lesbian couple, to divorce.
France
The French Civil code (modified on January 1, 2005), permits divorce for 4 different reasons; mutual consent (which comprises over 60% of all divorces); acceptance; separation of 2 years; and due to the 'fault' of one partner (accounting for most of the other 40%).
Sweden
To divorce in Sweden the couple can file for divorce together or one party can file alone. If they have children under 16 living at home or one party does not wish to get divorced there is a required contemplation period of 6 to 12 months. During this period they stay married and the request must be confirmed after the waiting period for the divorce to go through.
United Kingdom
England and Wales
In England, on the recommendation of the Law Commission, it was made the sole ground for divorce under section 1 of the Divorce Law reforms Act, 1969.
A divorce in England and Wales is only possible for marriages of more than one year and when the marriage has irretrievably broken down. Whilst it is possible to defend a divorce, the vast majority proceed on an undefended basis. A decree of divorce is initially granted 'nisi', i.e. (unless cause is later shown), before it is made 'absolute'
From beginning to end, if everything goes smoothly and Court permitting, it takes around 6 months.
There is only one 'ground' for divorce under English law. That is that the marriage has irretrievably broken down.
There are however five 'facts' that may constitute this ground. They are:
Adultery
often now considered the 'nice' divorce.
respondents admitting to adultery will not be penalised financially or otherwise.
Unreasonable behaviour (most common ground for divorce today )
the petition must contain a series of allegations proving that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with him/her.
the allegations may be of a serious nature (eg. abuse or excessive drinking) but may also be mild such as having no common interests or pursuing a separate social life ; the courts won't insist on severe allegations as they adopt a realistic attitude: if one party feels so strongly that a behaviour is "unreasonable" as to issue a divorce petition, it is clear that the marriage has irretrievably broken down and it would be futile to try to prevent the divorce. [4]
Two years separation (if both parties consent)
both parties must consent
the parties must have lived separate lives for at least two years prior to the presentation of the petition
this can occur if the parties live in the same household, but the petitioner would need to make clear in the petition such matters as they ate separately, etc.
Two years desertion
Five years separation (if only one party consents)
Scotland
About one third of marriages in Scotland end in divorce, on average after about thirteen years. Actions for divorce in Scotland may be brought in either the Sheriff Court or the Court of Session. In practice, it is only actions in which unusually large sums of money are in dispute, or with an international element, that are raised in the Court of Session. If, as is usual, there are no contentious issues, it is not necessary to employ a lawyer. Divorce (Scotland) Act 1976.
It is likely that the two year separation period required for a no-fault divorce with consent will be reduced to one year.
United States
Marital Status in the U.S.
Divorce in the United States is a matter of state rather than federal law. In recent years, however, more federal legislation has been enacted affecting the rights and responsibilities of divorcing spouses. The laws of the state(s) of residence at the time of divorce govern; all states recognize divorces granted by any other state. All states impose a minimum time of residence. Typically, a county court’s family division judges petitions for dissolution of marriages.
Prior to the latter decades of the 20th century, a spouse seeking divorce had to show cause and even then might not be able to obtain a divorce. The no-fault divorce "revolution" began in 1969 in California, and was completed in 1985 (New York is the last holdout ). However, most states require some waiting period, typically a 1 to 2 year separation. Fault grounds, when available, are sometimes still sought. This may be done where it reduces the waiting period otherwise required, or possibly in hopes of affecting decisions related to a divorce, such as child custody, child support, or alimony.”
Problems, suggestions
However the an attempt to introduce irretrievable breakdown of marriage as a ground for divorce has met with resistance by women organization on the grounds that husbands would desert their wives and then ask for divorce under breakdown of marriage. Also it has been stated by few that the concept of irretrievable breakdown of marriage is somewhat vague. In answer to first criticism it has to be stated in situation where wife has been deserted it indicates that husband wants to get rid of wife and any continuation of such relationship would not make sense to both the parties to the marriage. However a safety clause can be inserted which would empower the court to refuse divorce if it adversely affects the interests of the children. A provision for maintenance for child and wife should be made. As far as the second objection is concerned, it should be necessary for grant of decree of divorce under this theory that parties had lived separately for reasonably long time say for three years. Living separately can be considered as objective criteria for breakdown of marriage.
The concept of marriage is moving from a sacrament to a contract. The spouse should be granted a right to move out of the wedlock if they cannot live together due to extreme situations. Justice Krishna Iyer in the case of Aboobacker v. Mamstated while the stream of life, lived in marital mutuality, may wash away smaller pebbles, what is to happen if intransigent incompatibility of minds break up the flow of stream. Since the social conditions prevailing in the country are peculiar, sufficient changes are needed to be made in the law made so that law is able to ameliorate the conditions of the people who, in absence of required law are craving for relief and hence would be able to make process of dissolution less excruciating. A question may be asked that when irretrievable breakdown of marriage has been recognized as a ground for divorce by judiciary why we need an amendment in legislation. This is so because amendment would lay down conditions and safe guards, which should be taken into consideration before the grant of any decree.
It is high time that the Government recognizes the need of the time and save many couples from the disgrace and humiliation by introducing the irretrievable breakdown of marriage as ground for divorce under Section 13 of the Hindu Marriage Act, 1955.”
“Divorce law in our country belongs to an era that has long elapsed. But the laws have neither kept pace nor do they take into account the altered socio-economic realities of contemporary India. This is highlighted, once more, by the recent controversy surrounding grounds for divorce following Smriti Shinde's petition to the apex court urging it to consider granting unilateral divorce when a marriage has irretrievably broken down. The Supreme Court itself is ambivalent about where it stands on the matter.
Under the Hindu Marriage Act or the Special Marriage Act, there are no provisions that recognise "irretrievable breakdown" or "irreconcilable differences" as grounds for granting divorce when it is not a mutually consensual decision. However, in 2006, the apex court granted divorce in the Naveen Kohli vs. Neelu Kohli case, precisely because of irretrievable breakdown of marriage. But, early this year, another SC bench refused to entertain this argument in the Vishnu Dutt Sharma vs. Manju Sharma case. It decided to stick to the letter of the law.
This is as good a time as any for the laws governing divorce to be updated. In doing so, the issue must not be looked at through a moral prism alone. As Indians interface with the world and are exposed to new ideas and opportunities, there is bound to be a social churn, which impacts on personal affairs like marriage and family relations. Add to this the fact that more women today are economically more independent and assertive of their rights and choices. Divorce must be seen as a social reality, unfortunate though it might be, and not as a social evil.
There are of course legitimate concerns that waiving the mutual consent clause to grant divorce in cases of irreparable marital breakdown would put women in a vulnerable position. But that cannot be used as an excuse to deny those who would genuinely benefit from easing the process of obtaining a divorce. As things stand, one has to go through a lengthy, convoluted and extremely stressful procedure to get a divorce. It's time that changed.”
“Feelings of two human beings are involved in a couple’s
married life. This could not be patched up by enforcement of law by courts. It is up to the individuals to mend themselves. A horse can be taken to water but it is the horse that should drink it. However, the law should not deny divorce if the marriage has really broken down. By forcing unity with a hammer in the hand, the law does not serve the sanctity attached to the institution of marriage by religions. If the relationship of husband and wife wrecks beyond repair, what is wrong in recognizing that fact and allow them to live separately. How can one compel a wife or a husband to continue to live with spouse if they have fallen apart? If so compelled they would have to lead miserable life.”
Forget everything else, just imagine a scenario in a bedroom of a couple where a Judge is sitting and deciding about the “cruelty” performed or not among the couple. It must be sounding ridiculous and to avoid such embarrassment, Law Commission suggested the amendment in the divorce law itself through recent Report (Report no 217, November 2008): -
III.RECOMMENDATION
3.1 It is, therefore, suggested that immediate action be taken to introduce an amendment in the Hindu Marriage Act, 1955 and the Special Marriage Act, 1954 for inclusion of ‘irretrievable breakdown of marriage’ as another ground for grant of divorce.
3.2 The amendment may also provide that the court before granting a decree for divorce on the ground that the marriage has irretrievably broken down should also examine whether adequate financial arrangements have been made for the parties and children
I like to highlight some facts in countries, where NO- FAULT (effectively faster & peaceful) divorce exists: -
A decline in the rates of domestic violence (which is obviously of a very high concern in India)
These laws empower a man or woman in an “abusive marriage” and make it easier to leave and live separate
Means less conflict during divorce, which means less emotional harm to children whose parents, are divorcing (very much valid in my case)
Shortens the length of time it takes to obtain a divorce, which, in turn, shortens the amount of time spent in a stressful situation causing physical and mental damage to involved party (as in my case, I am having anti depression drugs as prescribed)
Financial settlements are based on need, ability to pay and contribution to the family finances, rather than on fault (I am ready to accept any reasonable amount decided by judiciary)
Helps reduce the heavy caseloads of family courts (obviously valid for India)
Our legislation is hesitating to amend the law. Nobody wants to disturb the “STATUS CO”. Its human nature to resist any kind of change. A Surgery is done only when that is needed, to avoid some greater pain or loss. If we remember, we in India had customs like “SOTI DAHO PROTHA” (burning the widow with dead husband), which now we can’t even imagine. As we are getting exposed to
the world, we have to ratinolise our thought process and laws, by improvising any outdated system or rule. Staying apart for a
considerable period itself points towards the death of the marriage,
“Divorce” is just the legal nomenclature of that unfortunate incident. No divorce or even cause of any divorce will initiate because of the said amendment, but surely it will decrease the suffering of couple whose divorce already initiated. This amendment is only an addition to the grounds of divorce; no way it can hamper the relationship between a married couple. Mr Moily, honourable law minister of India stated recently :-
‘Moily said that the government may consider an amendment in
the law to make disposal of divorce and custody cases time-bound, as has been done for gram nyayalayas. He said that family courts will be given a target of winding up such cases -- where mutual consent is absent -- within a year of them being filed. He believes litigating couples should be freed quickly from a broken marriage in order to start life afresh.
"There is no need for divorce cases to drag on for years when the marriage has actually broken down. Similarly,children's custody
cases must be decided in a time-bound manner so that there is no uncertainty over their future," Moily said.’
I request and appeal to all, to raise voices in favour of the amendment of Divorce Law of India.
At the end we all must remember-
LAW IS MADE BY THE PEOPLE
LAW IS MADE FOR THE PEOPLE.
About the Author
WorkersCompensation.com's NewsLine Report for 1/23/2007
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William Kritsonis, PhD On Schooling
CHAPTER 1
INTRODUCTION TO AMERICAN SCHOOLING
KEY POINTS
Public education is the largest employer in this country.
Some of the reforms, as a result of the critical reports issued in the early 1980s, have been successful while others have failed.
The majority of the general public believe schools have stayed the same or gotten worse during the past five years.
The purposes of today’s schools go way beyond the original purposes of religious and academic training.
The melting pot theory has never been fully realized; many diverse cultural groups retain distinct identities and are represented in public schools.
To improve the quality of teachers, many states have initiated reforms including competency tests, better salaries, merit pay, incentives, merit pay incentives, and stiffer entrance requirements into teacher education programs.
Conservative groups played a major role in the educational reform movement of the 1980s.
Changing enrollment patterns continue to create problems in planning for public education.
The general future outlook for public education is excellent.
CHAPTER 1–INTRODUCTION TO AMERICAN SCHOOLING
A. OVERVIEW
Chapter 1 presents information regarding the status of public education in this country. Specific content focuses on the magnitude of education, current trends, effective schools, and future possibilities in public school programs.
B. KEY TERMS–DEFINITIONS
A NATION AT RISK - this report issued in 1983 by a government commission called for far-reaching reforms.
ACCOUNTABILITY - responsibility related to quality of educational programs.
AFT - American Federation of Teachers, a major teacher union. The AFT has more than 825,000 members.
BILINGUAL EDUCATION - a component of multicultural education that focuses on attempts to teach English skills to non-English speakers. The students are taught in their native language until they become proficient enough in English to receive the majority of instruction in English. In some cases instruction in the child’s native language receives equal attention with English.
CONSERVATIVE MOVEMENT - calls for returning to the basic purpose of public schools such as:
a. return to emphasizing the basic core of academic subjects;
a de-emphasis on extracurricular activities;
an emphasis on moral education;
inclusion of school prayer;
more control of the education process by the family.
CRITICAL REPORTS - the most critical report was A Nation at Risk issued in 1983 by the National Commission of Excellence in Education.
CULTURAL PLURALISM - pluralists reject the traditional Americanizing function of the public school because it has meant assimilation and acculturation into the white, middle class pattern of American Society; a realization that the melting pot theory of American culture had not occurred and probably would not occur.
CURRICULAR REFORM - a back-to-the-basics reform movement started in the 1970s. Many believe the basic curriculum should have greater emphasis.
DECLINING ENROLLMENTS - changing enrollments have a major effect on the educational system:
affecting state funding;
impacting on the number of teachers needed;
altering class sizes;
causing redistricting of school boundaries;
changing school plant needs.
HOME SCHOOLING - a conservative movement by parents to formally educate their children at home or in a small group setting.
MELTING POT - the theory that people from all cultures form a common bond.
MERIT PAY - a plan of providing extra pay for superior performance by teachers.
MULTICULTURAL EDUCATION - a concept predicated upon a fundamental belief that all people must be accorded respect, regardless of age, race, sex, economic class, religion, nationalism, physical or mental ability; innovative ways for dealing with the education of minorities.
NEA - National Education Association, one of the two major teacher unions: NEA is the larger and more powerful of the two– with 2.2 million members nationwide.
NEW RIGHT - a coalition that includes traditional conservative groups and certain fundamentalists religious groups who advocate extreme viewpoints.
PUBLIC EDUCATION - free, government-supported schools open to all children. Note: Resident alien children and illegal immigrant children are allowed to attend USA public schools.
REFORM REPORTS - critical reports issued in the 70s and 80s by education reform groups that listed many solutions to the problems faced by public education.
SCHOOL DISTRICTS - a division of public school programs within a state.
TAX REFORM - a tax reform movement that is funding increased taxes for educational reform.
THREE R’s - reading, writing, and arithmetic.
Total Number of School Districts in America
State
Total Number of Districts
State
Total Number of Districts
50 States and D.C.
14,367
Missouri
525
Alabama
127
Montana
465
Alaska
55
Nebraska
653
Arizona
214
Nevada
17
Arkansas
311
New Hampshire
164
California
999
New Jersey
582
Colorado
176
New Mexico
89
Connecticut
166
New York
709
Delaware
19
North Carolina
119
District of Columbia
1
North Dakota
234
Florida
67
Ohio
611
Georgia
180
Oklahoma
548
Hawaii
1
Oregon
233
Idaho
112
Pennsylvania
500
Illinois
905
Rhode Island
36
Indiana
292
South Carolina
95
Iowa
383
South Dakota
173
Kansas
304
Tennessee
138
Kentucky
176
Texas
1,044
Louisiana
66
Utah
40
Maine
228
Vermont
251
Maryland
24
Virginia
132
Massachusetts
248
Washington
296
Michigan
593
West Virginia
55
Minnesota
383
Wisconsin
426
Mississippi
153
Wyoming
49
Source:U.S. Department of Education National Center for Education Statistics. (1999). Common core of data,national public education survey. Washington, DC: U.S. Department of Education. Adapted with permission.
SNAPSHOT FORECAST OF EDUCATION STATISTICS (Estimations 2002/2003)
Public school enrollment, K-12, increased between 1985-2002.
Private school enrollment has changed little over the past decade.
Approximately 11% or about 6 million students attend private elementary and secondary schools.
Elementary and secondary school enrollments will continue to rise.
Pre-kindergarten and kindergarten enrollment of 3- to 5-year-olds increased about 30% between 1990-2002. The enrollment of 5-year-olds in kindergarten programs has changed little since 1990.
The enrollment rates of 5- to 17-year-olds has remained steady since 1990, about 96%.
Practically all elementary-aged children are enrolled in school.
The proportion of minority students in public elementary and secondary schools increased between 1990 and 2002. During this time, the proportion of Hispanics in public elementary and secondary schools increased at a faster rate than the proportion of African Americans.
In 1976-77, 8% of children were educated in programs for the disabled compared with 14% in 2002.
The proportion of 18- and 19-year-olds attending high school or college is about 63%.
The proportion of 20- to 21-year-olds attending high school or college is about 45%.
Total college enrollment has continued to grow since 1990. Much of this growth can be attributed to the increase in the number of women over 24 years of age attending college.
Projections indicate that from 2002 to 2010, there will be an 18% growth in enrollment of persons 25 years age in college.
Projections indicate enrollments of persons over 25 years of age in college will be stable from 2002-2010.
The proportion of American college students who are minorities has been increasing. In 2002, about 27% are minorities.
Graduate school student enrollment has been rising steadily. As of 2002, graduate enrollment rose about 20%.
The number of women in graduate school has exceeded the number of men.
The number of male full-time graduate school students increased by 22%.
The number of elementary and secondary school teachers has risen about 25%.
The ratio of pupils per public school teachers is estimated to be about 17 pupils per teacher.
The ratio of pupils per private school teachers is estimated to be about 15 pupils per teacher.
The average salary for public school teachers has remained steady over the past 10 years, reaching $39,485.00.
The teaching force in public elementary and secondary schools includes 74% women and 88% non-Hispanics.
Approximately 66% of teachers have at least 10 years of full-time teaching experience.
The proportion of high school graduates who completed the full college preparatory program recommended by the Commission on Excellence was about 30%.
The number of high school graduates totaled about 2.8 million. About 2.5 million graduated from public schools and about 300,000 graduated from private schools.
Many students complete high school through alternative programs, such as night schools and the General Educational Development (GED) program.
About 84% of all 25- to 29-year-olds have completed high school or its equivalent.
The dropout rate in high school has declined over the past 20 years. The difference in dropout rates between the races has narrowed. The dropout rate for Hispanics remains high at 30%, compared to 8% for Caucasians and African Americans.
About 90 million adults or about 21% of the United States adult population perform at the lowest levels of literacy.
Adults with higher levels of educational attainment have higher levels of prose literacy.
Adults aged 19-54 have higher average literacy attainment than those 55 and older.
The differences in literacy between younger and older adults may be due to the higher level of educational attainment among younger adults.
Americans are becoming better educated. Within the past 30 years the adult population graduation rate has increased from 54% to 84%. During the same time period, the proportion of adults with at least four years of college increased from 11% to 25%.
The number of degrees conferred by institutions of higher education is estimated to be about 564,000 associate degrees; 1,176,000 bachelor’s degrees; 390,000 master’s degrees; 78,000 first professional degrees; and 44,000 doctor’s degrees. Women earn the majority of degrees at the associate, bachelor’s, and master’s degree levels.
Expenditures for public and private education, from preprimary through graduate school, are estimated at approximately 621 million.
The expenditures of elementary and secondary schools are expected to total about $775 billion, while institutions of higher education will spend about $250 billion.
The total expenditures for education are expected to amount to about 7.5% of the gross domestic product.
The state share of revenues for funding public elementary and secondary schools grew through most of the 1980s, but in 1987 the trend began to reverse.
Between 1986-87 and 1993-94, the local share of school funding rose while the proportion from state government dropped.
By 2002, a greater proportion shifted back to the states as 47.5% of revenues came from state sources, 45.9% came from local sources, and 6.6% came from the federal government.
The estimated current expenditures per student in average daily attendance is about $6,951.00. After adjustment for inflation, this represents an increase of 15% since 1988-89.
Private colleges are heavily dependent on tuition for revenues, receiving 43% from tuition.
Public colleges and universities receive about 40% of revenues from state and local governments.
Expenditures per student at institutions of higher education through the 1990s has been slow in growth.
After adjustment for inflation, current fund expenditures of higher education per student rose about 16% between 1980-1981 and 1988-89, but increased only 8% between 1992-2002.
Annual undergraduate charges for tuition, room, and board are estimated to be $8,218.00 at public four-year colleges and $19,980.00 at private four-year colleges.
On a per student basis, adjusted for inflation, expenditures for scholarships and fellowships rose about 85% at public universities between 1986-2002, compared with 9% for instructional expenditures.
On a per student basis, expenditures on scholarships and fellowships rose about 68% at private universities between 1986-2002.
Research expenditures in public institutions of higher education rose by 31% per student at public universities and 36% at other public four-year colleges.
Students at private colleges are more likely to receive aid than students at public colleges.
College students obtain financial aid through a variety of programs; 56% receive some sort of federal aid, and 11% participate in work-study programs.
Private colleges provide aid from internal sources to over half of their full-time undergraduates.
For all full-time undergraduate public and private college students, the average student aid package from all sources totaled about $6,932.00 in 2002.
Federal support for education was sizeable between fiscal years 1965-2002. Large increases occurred between 1965 and 1975. After a period of relative stability between 1975-80, federal funding for education declined approximately 16% between 1980 and 1985. From 1990-2002, federal funding for education increased by 29%.
Note: Much of the information provided is available at the: United States Department of Education. (1999). Mini-digest of education statistics. Washington DC: National Center for Education Statistics, (NCES).
C. SOME PRECEDING THOUGHTS
How many pupils are served in public education in the U.S.?
Fifty-four million students for the 2002/03 school year; about 6 million students in private schools; about 40 million for the ’87-’88 school year in 15,713 school districts; 1985 was the first year in 14 years where there was an increase in enrollment; an additional 5.6 million students were in private schools.
What were the major criticisms voiced in the reports on education in the early 80s?
Major portions of the public are functionally illiterate, as are many of our 17 year olds.
Science and math participation was down as were science and math scores.
More than 40% of our high school students were in a general curriculum rather than a college preparatory one.
Students in this country spend less time in school and less time studying than in most other industrialized countries.
Teachers were coming from the bottom of their graduating classes–both high school and college–partly because the pay was $17,000 on the average for a teacher with 12 years experience.
3. What is the status of reforms initiated during the early 80s?
The very substantial and ever increasing dollars spent for education have not yet given us the results our children deserve.
What is the purpose of public education?
The original purpose was to teach students to read well enough to be able to understand their Bible readings. It evolved to teaching the Three R’s of Reading, wRiting, and aRithmetic. Now we expect our schools to teach everything from the basic R’s to include civic, vocational, artistic, and personal goal instruction and fulfillment.
5. What goal is the Conservative movement playing in public education?
The New Right believes our schools have gotten away from their purposes and from traditional values. They are lobbying for
reduction or removal of extra-curricular activities (all of them);
more academic emphasis;
emphasis on moral education;
reinstatement of school prayer;
more family control of the educational process. They are attempting to write legislation that the states can all copy. They want to promote creationism, to censor textbooks and library books, to promote interests of “Christian” schools, to end the unions and their influence, and to fight “secular humanism.”
Some Christian values promoted in the curriculum by the Conservative movement include:
promotion of two-parent families with the father working and the mother at home;
sexual abstinence before marriage;
abstinence from smoking, drinking, and drugs;
the immorality of gay and lesbian lifestyles;
forbidding abortion;
patriotism;
obedience to and respect for authority;
politeness;
courtesy;
honesty;
prayer;
humility;
reverence for God.
What has been, and is emerging as, the federal government’s role in public education?
The federal government’s role has been one of a watch dog and a guide dog combined. It was supposed to ensure that the schools in all areas of the country were adequately run and adequately funded. The true failure has been in the short-sighted view of “adequate” achievement.
What is multicultural education?
It began as a movement to promote racial equality and harmony. Americanization has meant blending into/with the white dominant middle class. Correcting errors of omission, stereotyping, and misinformation, as well as information dissemination, has been replaced/absorbed by multicultural education. Now the goal is to assimilate reliable cultural pluralism into the overall curriculum, a concept predicated upon a fundamental belief that “all people must be accorded respect, regardless of age, race, sex, economic class, religion, physical, ethnic origin, or mental ability.”
8. What teacher organizations have influence in education?
NEA - National Educators Association
AFT - American Federation of Teachers
Many leading authorities believe these organizations are losing authority and influence. Many people believe strong unions are a barrier to educational reforms. They have huge lobbying budgets.
9. What are some characteristics of effective schools?
Strong administrative leadership that includes the principal:
having a clear vision about the desired direction of the school;
having a commitment to improvement of instruction;
encouraging participative decision making;
serving as a buffer for teachers so that they can devote maximum time to working with students.
Safe and orderly environment that includes:
working conditions that support the efforts of teachers to address specific problems of their students;
environment conducive to teaching and learning.
Emphasis on instruction in the basic skills including:
the school having a commitment to the basic skills as instructional goals;
basic skills being the foundation for higher order thinking skills.
High teacher expectations of students to include:
setting high performance standards for students;
providing specific instructions and are sensitive to individual differences;
using clear and appropriate rewards to recognize student work.
Monitoring and reporting of student performance including:
using systematic methods to assess student progress;
aligning curriculum across subject areas and grades;
matching curriculum, desired outcomes, and assessment activities.
Necessary resources to meet objective including:
making available sufficient personnel and materials in the school;
providing sufficient time for instructional planning, staff development, and adapting new innovations;
providing opportunities for professional growth.
Culture of the school including:
positive human interactions among students and teachers;
continuous growth and development of students and teachers;
state-of-the-art instructional practices and strategies for teaching and learning.
D. DISCUSSION QUESTIONS AND EXERCISES
1. List some of the criticisms presented in A Nation At Risk.
23 million U.S. adults are functionally illiterate;
13% of all 17-year-olds & 48% of minority 17-year-olds are functionally illiterate;
SAT scores declined from ’63 to ’80;
science achievement scores of 17-year-olds declined in ’69, ’73, and ’75;
remedial math classes in college increased by 72% from ’75 to ’80;
number of students in general curriculum in high schools increased to 42%;
31% of high school graduates completed intermediate algebra;
25% of credits earned by general track high school students were in PE, health, remedial math, English, and work outside the school;
students in other industrialized countries spend more time on science and math;
20% of all four-year universities had to accept all students from state high schools;
50% or more of credits to graduate could be electives in 13 states;
U.S. students spend less time in school than many other industrialized countries;
m. average school provided only 22 hours of instruction per week;
too many teachers came from bottom of high school class and bottom of college class;
average salary for teachers with 12 years experience was $17,000.
2. What are the status of the educational reforms initiated during the early 1980s?
SAT and ACT scores either dropped or remained static;
minority students increased their scores;
the graduate rate dropped between ’85 and ’86;
average teacher pay had risen 38%;
average pupil spending increased by 50%;
twelve states instituted minimum competency testing for grade promotion and twenty-four other states planned to implement minimum competency testing.
3. What is the magnitude of public education in the United States?
Public education in the United States is big business. Some of the emphasis of school districts and regulators needs to be taken off of the business end of things and concentrated on the education end of things. Some 54 million students are directly affected, along with the teachers and administrators. Suppliers, knowing they have a captive market, are allowed to gouge schools on a regular basis, just as they do other government entities. Our schools deserve a fair shake.
4. What effect does declining enrollments have on schools?
affects state funding;
impacts on the number of teachers needed;
alters the class size;
causes redistricting of school boundaries;
changes school plant needs, buildings, and grounds.
Instructional programs are affected. The areas most affected are language arts, social studies, science, fine arts, and foreign language. This results in fewer course offerings and fewer professional positions in these areas.
5. What is the role of the federal government in education?
Reagan’s White House began returning responsibility to the states and localities. As a result, federal spending in education was reduced.
Again, the federal government’s role has been one of a watch dog and guide dog combined. It was intended to ensure that schools in all areas of the country functioned properly and were adequately funded. The true failure has been in the short-sighted view of “adequate” achievement. President George W. Bush is planning to initiate numerous educational reforms during the 2000s.
6. What are estimations for schooling in 2002/2003?
In the United States:
over 25% of the people are students or are employed by schools or colleges;
of the approximately 250 million people there are:
1... 54.5 million students in public elementary and secondary schools;
2. . 14.3 million students in higher education;
3... 3.6 million faculty and teachers;
4. . 3.9 million non-instructional personnel;
5... 68.1 million total participants.
there are about 14,367 school systems;
there are over 27,000 private elementary and secondary schools;
there are over 3,500 colleges and universities;
there are over 83,425 elementary and secondary schools;
there are over 26,807 private elementary and secondary schools;
there are over 2,127 four-year colleges and over 1,408 two-year colleges;
there are over 1,532 private four-year colleges and over 440 private two-year colleges;
about 28% of elementary and secondary students are African American or Hispanic while 17% of college students are African American or Hispanic;
there are approximately 2,744,000 elementary and secondary teachers, of which approximately 2,391,000 serve in public schools and 353,000 serve in private schools;
the average salary for an experienced teacher is $39,385, for a beginning teacher $28,515;
m. approximately 30% of teachers are male; approximately 70% are female;
the dropout rate among African Americans 16 to 24 years old dropped from 28% in 1992 to 13% in 2002; for all 16- to 24-year-olds was 12% in 2002, down from 15% in 1992;
in 2002, (persons between ages 25 and 29) - approximately 85.8 million persons earned high school diplomas (includes GED, equivalency certificates, etc.); 23.6 million persons had attained four or more years of college;
in 2002, (persons between ages 25 and over) - approximately 80.1 million persons earned high school diplomas (includes GED, equivalency certificates, etc.); 21.5 million had attained four or more years of college;
the education level of the adult population has been increasing since 1940; the education level among young adults (ages 25-29) has not increased significantly since 1980;
in 2002, approximately 446,000 persons earned Associate of arts, associate of science degrees; approximately 1,044,000 persons earned bachelor of arts, bachelor of sciences degrees; approximately 320,000 persons earned master of arts, master of sciences degrees; approximately 39,000 persons earned doctor of philosophy degrees; approximately 72,000 persons earned first professional degrees: chiropractic, dentistry, law, medicine, optometry, osteopathic medicine, pharmacy, podiatry, theology, and veterinary medicine degrees.
Note: Much of the information provided here is available at the United States Department of Education, National Center for Education Statistics (NCES), Digest of education statistics, 1999.
E. REVIEW ITEMS
True-False
Public education in the U.S. has been taken for granted for many years.
All professionals agree with the A Nation at Risk report.
Multicultural education began in the early 1980s.
The reforms initiated during the 1980s were all very successful.
The development of new technologies has not had a major impact on education.
The tax revolt of the late 1970s was a continuation of a trend started in the mid-1960s.
Multiple Choice
Recent criticisms of public education began in the _______.
a. late 1960s b. late 1970s c. early 1980s d. early 1970s
Approximately _______ students are served in public schools.
a. 25 million b. 30 million c. 75 million d. 54 million
The conservative movement advocating extreme viewpoints is _______.
a. conservative pool b. new right c. far right d. conservative coalition e. oversight movement
The tax reform bill passed in Massachusetts in 1980 was _______.
a. Proposition 13 b. Proposition 2½ c. Proposition 191 d. retrenchment
The number of schools using microcomputers increased 16% in 1982 to ______% in 1988.
a. 25% b. 50% c. 70% d. 90% e. 97%
About the Author
Dr. Kritsonis Recognized as Distinguished Alumnus
In 2004, Dr. William Allan Kritsonis was recognized as the Central Washington University Alumni Association Distinguished Alumnus for the College of Education and Professional Studies. Dr. Kritsonis was nominated by alumni, former students, friends, faculty, and staff. Final selection was made by the Alumni Association Board of Directors. Recipients are CWU graduates of 20 years or more and are recognized for achievement in their professional field and have made a positive contribution to society. For the second consecutive year, U.S. News and World Report placed Central Washington University among the top elite public institutions in the west. CWU was 12th on the list in the 2006 On-Line Education of “America’s Best Colleges.”
Non-Compete Agreements.wmv
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There comes a time in the life of any business, perhaps at its inception, when the owners have to take on staff to deal with demand. If your business is in Spain you will find that wage rates are still lower than in many European countries but also that the bureaucracy can be more burdensome and the risks greater because of a certain amount of inflexibility built into a system that strongly favours employee rights.
Basic information on Spain employment law
Employees must have employment contracts from their first day of employment
Pay and conditions are set by “Convenios Colectivos” in different sectors and regions e.g. hotel and catering trade workers in Granada province.
There are a variety of contract types but essentially the choice is between offering a fixed term contract or a permanent contract. Contracts can also be tiempo completo (full time being usually 40 hours) or parcial (part time). In the latter case wages are scaled down according to a weekly number of hours stated in the contract. There are some special contracts with government tax incentives to take on for example unemployed workers or women in sectors where they are underrepresented.
Redundancy pay is payable once an employee has served a year and can be up to 3 ½ year’s salary (it goes up 45 days a year served, although this can be less on the incentivised contracts).
The main problem with Spanish employment and why some employers break the law by hiring off the records is the high level of employer’s social security contributions and other non wage costs. As a rule of thumb add on 40% to the basic wage for budgeting purposes.
The employer is responsible for deducting Spanish social security contributions (approximately 6% of pay) and income tax, similar to UK PAYE, from the monthly wage or “nomina”. A full analysis of the employee’s wages and deductions for the month must be presented to them and a signed copy kept by the employer.
Other employee rights: normally 23 days a year holiday entitlement plus national and local fiestas (depends on the Convenio as employees in certain sectors expect to work holidays but are compensated elsewhere). The employee can chose to have pay spread over 14 instead of 12 times a year with additional pay days in July and December. Maternity leave is 4 months and there is other time off built in for marriage, deaths, births and moving house. Sick pay is usually paid by the social security system.
Employment pitfalls in Spain
Black economy hiring
The obvious temptation is to keep some employees off the books but falling foul of the law can lead to heavy fines and the authorities are strict because they know abuse is widespread. For example if you have an uncontracted worker helping you out during an unscheduled visit from government inspectors do not expect to be able to use an excuse even if it is a family member helping out.
Under-estimating employee rights
As we have seen the main effect of the heavy regulatory framework, the tax laws and the Covenios is to protect and promote the rights of the employee. It is the employer that pays the price for this, parhaps not in terms of basic wages which are still lower than in many European countries, but in terms of non-wage costs and employee rights to severance pay and other benefits. Possibly the biggest risk to a small business is taking on staff on the basis of a headline wage and not appreciating the additional burdens of being a Spanish employer, particularly when offering full time permanent contracts.
Timing of payments - cashflow implications
If you fail to understand and then budget for paying all associated employment costs at the right time, there is a real danger of cashflow difficulties or profits being eroded. Salaries are paid monthly in arrears and national insurance a month later. Income tax withheld from employees is payable at the end of each quarter which can be a nasty shock for the uninitiated. As has been mentioned severance pay can be substantial.
Reducing employment risk
Many businesses in Spain avoid some of the costs and burdens of employment law by going “black” and paying workers cash in hand. This is of course risky as it is fairly easily detected by government agencies particularly if the “employee” has no contract whatsoever. If an employer gives a part time contract to staff actually working full-time and then tops up the wages in cash this is harder to detect but still carries a risk.
Staying within the law you can reduce the risk of large unsustainable employee obligations by using temporary or "casual" contracts. For example a new business with an unproven sales model might be unwise to offer all staff permanent full time employment contracts. Spanish employers often start with a time-limited contract and switch to permanent when it is less risky to do so. Note however that you cannot renew a temporary contract so “rolling” short term commitments to staff are not an option. If your business is in any way seasonal then “casual” contracts can be offered for part of the year (maximum 6 months out of any 12).
With regard to high social security costs it is important to plan cashflow properly but also look at ways of reducing national insurance contributions. Ask your advisor about government incentives and subsidies. For example there are trainee contracts available for young workers which dramatically reduce the national insurance payable.
James Baker is a UK-qualified Chartered Accountant with over 20 years experience in London and Spain. He is Senior partner of Advoco, provider of Spanish law, tax, accounting & administrative services to the English-speaking community of Southern Spain.
Website: http://www.advoco.es
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Hawaii Labor Law and Employment Law Update: Hawaii Card Check Bill Passes--Bills’ Fate in Question as it is Transmitted to Governor Lingle
Hawaii Card Check Bill Passes: Bills’ Fate in Question as it is Transmitted to Governor Lingle
A bill which will allow unions to organize agricultural employers without a secret ballot election, HB 952 CD1, was passed on May 8, 2009, by the Hawaii Legislature. Governor Lingle will have until June 30, 2009 to issue a veto message.
If Governor Lingle vetoes the bill, the Hawaii Legislature can override the Governor’s veto by obtaining a 2/3 majority vote in both the House and Senate. Based on her previous history of vetoes, it is likely that Governor Lingle will veto the bill.
The “card check” bill amends the Hawaii Labor Relations Act to require an employer to recognize a union as the bargaining representative of its employees if it is presented with union authorization cards signed by a majority of employees in an appropriate bargaining unit.
The card check bill, if not vetoed by Governor Lingle, or vetoed but overridden by the legislature, would apply to agricultural employers and certain small businesses exempt from the coverage of the federal National Labor Relations Act and effective July 1, 2009.
The card check bill closely mirrors President Obama’s push for passage of the Employee Free Choice Act (“EFCA”). Like the recently passed Hawaii bill, generally, EFCA would require the National Relations Board (“NLRB”) to certify a labor union as the exclusive bargaining representative of employees through union authorization cards signed by employees, without the benefit of a government-supervised, secret-ballot election, as long as 50% plus one of an appropriate bargaining unit sign the cards. Critics contend that among other problems with EFCA, the card check system is prone to the use of intimidation and peer pressure by union organizers.
In addition to the potential of doing away with secret elections, HB 952 CD1 limits the card check provision to employers with annual gross revenues of $5 million dollars or more, and provides that if an employer and union negotiating for an initial contract do not reach agreement within 110 days through bargaining or mediation, they shall be referred to an arbitration panel, which will establish the terms of the parties’ collective bargaining agreement for a period of up to two years. Finally, the bill includes new penalties of up to $10,000 for unfair labor practices.
A copy of the final bill transmitted to Governor Lingle can be accessed here: http://www.capitol.hawaii.gov/session2009/bills/HB952_CD1_.htm
Roman Amaguin, Esq. is a Hawaii attorney specializing in employment law, labor law, and civil litigation. His philosophy is to provide practical solutions to both complex and common workplace, employer/employee, and civil disputes. As a Hawaii attorney, Mr. Amaguin regularly appears before all federal and state courts in Hawaii, as well as state and federal administrative agencies.
Visit him at http://www.amaguinlaw.com and http://employmentlawyerhawaii.com
Putting Law to Work: The Resurrection of Workplace Self-Governance?
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[mage lang="" source="flickr"]employment law colorado statutes[/mage] If you are POST certified, do you also need to have a license to bounty hunt?
Hi, I live in Colorado and I'm currently studying CJ, my community college offers a law enforcement academy and upon completing the academy i'll be post cert. Could somebody help me understand this CO statute that states:
"· For employment commencing on or after January 1, 1999, the agent shall obtain a copy of a certificate of training from the individual indicating that such individual has received training in bail fugitive apprehension from a private bail recovery program or an accredited institution of higher education. Such training shall comply with the standards established by the peace officers standards and training board pursuant to section 24-31-303(1)(h), C.R. S., and shall not exceed sixteen clock hours."
-
COLORADO REVISED STATUTES ANNOTATED TITLE 12. PROFESSIONS AND OCCUPATIONS GENERAL ARTICLE 7. BAIL BONDING AGENT § 12-7-105.5. Bail
For training after 1999
The agent-Your Company
Individual - You
Certificate of Training - 16 clock hours of training / Bail Fugitive apprehension course
By- An accredited institution-College // or a private bail recovery program
Are We Really Post Racial?
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Defence Force child minders could lose payouts
HUNDREDS of former ABC Learning staff working in Australian Defence Force childcare centres may not get redundancy entitlements because the company's receivers cannot pay and there is uncertainty over the government's employment compensation scheme. Surviving redundancy
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My company is seconding me to their Singapore office for 2 years but my contract and pay will still remain under the UK company. Does this mean I fall under UK employment law or Singapore's employment law? For eg. can I claim the minimum UK statutaory entitlement for annual leave (20 days)? Appreciate any type of help!
If you aren't comfortable with your HR departments answers, I would say you need to contact a Company Secretarial Firm in Singapore.
As a rule of thumb I would say, if you are subject to Singapore Income Tax you would be governed by Singapore law inclusive of Workman's Comp.
Hourly employees are normally governed more strictly and follow union rules. Salaried positions only have the benefits of their individual contract.
With the current rental situation in Singapore I hope your company is providing accommodation.
Hope this helps.
Good Luck
Davos Annual Meeting 2010 - Special Address by Li Keqiang
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Employment law question disputing disciplinary action?
A supervisor, not my direct supervisor, has always refused to call me by my religious name. Everyone calls me by my religious name. This supervisor has made rude comments to me around my religious name in the last two weeks, and has made a point to discussing her faith and religious activities in front of me in the last two weeks. I personally don't care if she calls me by my legal name or expresses her faith around me, except that she is being obnoxious about it. Today she wrote me up for a minor infraction that is generally overlooked or handled verbally.
I don't want to make people hate religion any more than they all ready do, but this write up will result in a pay deduction/demotion. I have been working at this company for 21 months and have a reputation for being an excellent employee, and had been promoted to a position with authority over her. I was demoted because of restructuring.
What is the least inflamatory way to dispute this validity of this write-up?
How can you dispute something when you say you are guilty of violating a "minor infraction"? Either you did or you did not. And with your statement, you did. It does NOT matter what or how they handle other employess. You do not know personally what their HR records look like or if in fact they were written up.
I know if I was held at or written up, I would personally not want to tell my fellow co-workers!
At Will Employment - I got fired! What can I do?
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Employment Tax Compliance: IRS After 6,000 Businesses
In November 2009, the IRS launched a new National Research Program Initiative (the Initiative): an industry wide detailed random audit of employment taxes for 6,000 businesses over the course of the next three years. The purpose of the Initiative is two fold: (1) assess systemic employment tax compliance; and (2) collect assessments from delinquent employers.
With tax revenues dwindling from the recession, the U.S. Treasury Department is stepping up efforts to close the tax gap the difference between overall tax liabilities and taxes paid to the IRS. Auditing employment taxes is seen by the IRS as a crucial means of closing the tax gap. For tax year 2001 for example, the gross tax gap was estimated by the IRS at around $345 billion, with underreporting of employment taxes accounting for around 17% of the tax gap.
The IRS will audit businesses to ensure that Federal withholding taxes are deducted and paid over to the government from employees wages for Social Security and Medicare as well as Federal Unemployment taxes. An employer found to be in noncompliance could face stiff civil penalties and interest on unpaid taxes. These penalties could have a particularly severe impact on small business owners.
The IRS has prioritized four areas to focus their auditing efforts under the Initiative, including:
Worker classification: i.e. whether an employer properly classifies an employee as an employee or independent contractor for tax purposes. Determining which depends on the behavioral, financial and type of relationship the company has with the person performing the work.
Employee fringe benefits: A fringe benefit is a form of pay for the performance of services. i.e. benefits such as insurance coverage, company car or child care, etc. that are provided by employers tax free to employees but not to independent contractors.
Reimbursed business expenses: e.g. reimbursement for taking a client to lunch, purchasing office supplies: which requires a written business expense plan. I.E. You must have paid or incurred expenses that are deductible while performing services as an employee. You must adequately account to your employer for these expenses within a reasonable time period, and you must return any excess reimbursement or allowance within a reasonable time period.
Compensation of owners who are also employees of the company, whereby unpaid taxes may result in personal liability for the employer.
Now that the Employment Tax audit Initiative has started, it has been reported that the IRS has already begun the process of selecting businesses for audit of their employment taxes. Noncompliance with employment tax law can result in severe consequences for employers. To ensure that procedures are in place for Employment tax compliance with applicable tax law can save time, money and heartache in the event of an audit.
For example, the Internal Revenue Code requires a written reimbursement plan in order to take advantage of the tax benefits of legitimate business expenses. Employers should consider consulting with experienced counsel in preparation for the Initiative and in the event of an audit of their employment taxes.
Mary Beth Rinaldi is an experienced attorney who represents clients in civil and criminal tax litigation and in tax disputes before the Internal Revenue Service, the Department of Justice, state taxing authorities, and in federal court.
Cyndee on BLR's 2009 National Employment Law Update
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Littler Adds Experienced Employee Benefits Lawyer to its Pittsburgh Office
www.littler.com [Littler Mendelson, P.C. (Littler), the nation’s largest employment and labor law firm representing management, announced today the addition of shareholder David Sawyer, a widely respected lawyer in employee benefits issues, to its Pittsburgh office. New foreign employment law going to introduce by the Nepal g
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does anyone have any information on cashier employment laws?i.e shortage in till after shift?
what do we do next?
They are not allowed to take the money out of your pay,many places get away with it because the employee does not know or is afraid of being fired which is kind of moot because if it reoccurs their going to fire the person for incompetence. employers can be funny when it comes to the register if a cashier accidentally gives change for a twenty when it was a ten the register is ten dollars short and the employer is all upset . Yet if a cashier worked at a gift shop and knocked over a fifty dollar vase well that's just an accident
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Adoption and The Workplace
Barb and Maxine work for a large corporation whose profit for the last quarter was $400 million. Both women are new moms, currently at home caring for their children. Barb will be at home for 52 weeks and will receive 85% of her regular salary. Maxine, on the other hand, is able to stay home for only 35 weeks during which she receives 55% of her usual salary. What's the difference? Barb is a biological mother; Maxine is an adoptive mother.
Both the Federal Government and the employer are treating these women differently, based on the way they have chosen to build their families. Their employer, like many organizations, "tops up" the payments received from Employment Insurance so that employees receive full (or near full) salaries while they are off work1. In Maxine's case, however, their employer does not extend the benefit to adoptive parents.
The Federal Government pays Employment Insurance (EI) benefits to provide financial assistance to new parents (currently 55% of average insurable earnings to a maximum of $413 / week). Maternity benefits are payable to biological mothers for a maximum of 15 weeks. Parental benefits are payable to parents (biological or adoptive) for a maximum of 35 weeks. Thus biological parents are eligible for 50 weeks of employment insurance while adoptive parents hit the maximum at only 35 weeks. One adoptive parent is mounting a Charter of Rights challenge on this very issue in the E.I. Legislation.2
Biological parents are provided with EI benefits over a one- year period comprised of:
a) 2 week disqualification period (i.e. no EI payments) and
b) 15 weeks of maternity benefits; and
c) 35 weeks of parental benefits
Total: 52 weeks
Many employers also pay top-up wage compensation to their employees for the two-week E.I. disqualification period by topping up their wage to between 85% and 100% of their normal salary (i.e. the employer pays all of this benefit during the first two weeks). For the next 15 weeks, the top-up reduces by the amount of the E.I. maternity benefits (described above). Some employers also top-up the employees' salary for the full 35 weeks of parental benefits as well3.
As a result of complaints we received about how adopting parents were treated in the workplace, Sunrise conducted a limited and informal poll of its clients to see how widespread the differential treatment of adoptive and biological parents by employers is, and we were stunned by the responses. Many of our clients reported situations in which a biological parent receives top up payments, while an adoptive parent is refused. Here are some examples of what we heard:
Government of British Columbia: The B.C. Provincial Government is one of least discriminatory employers we heard about. It offers a top-up to both biological and adoptive parents (to its unionized and non-unionized employees.) It also offers adoptive parents a " Pre-Placement Adoptive Leave." This leave allows adoptive parents to attend pre-placement visits for their homestudy or to complete legal requirements for the adoption while collecting 85% of their regular salary.
Government of Canada: A federal civil servant, who is an adoptive parent, received 93% of her wage by top-up for 37 weeks. The real irony is that the Federal Government treats its adoptive parent employees better than most employers do, but discriminates against all adoptive parents with its EI policy!
Police: The RCMP (a federal government employer) offers both adopting and biological parents the top-up for 37 weeks. Other police forces in British Columbia (Municipal forces) generally do not pay the top-up to adoptive parents. (The municipal public force in Saanich, B.C., however, does pay the top-up for 37 weeks).
Municipalities: One adopting parent reported that the Municipality she worked for finally gave her the top-up right after she filed a complaint with the Human Rights Commission.
Hospitals: Regional Health Districts are the employer for nurses in British Columbia. One adoptive parent reported that in his hospital, biological parents receive a top-up on the EI Maternity Benefit only. No one receives a top-up on the Parental Benefit. Since adoptive parents don't qualify for maternity benefits, they don't receive any top-up at all.
Universities: Universities do not seem to take a consistent approach in how they treat their employee parents. Adopting parents employed by universities told us about a wide variety of benefits payable to adopting parents. Often these were inconsistent, unusual, and at times discriminatory.
At the University of British Columbia, adopting parents get topped-up for 12 weeks, while biological mothers receive 20 weeks. At the University of Toronto, adopting parents receive 27 weeks of top-up, and biological mothers receive 3 weeks more. At Capilano College, parents on parental leave are topped-up to 80% of salary, and for parents on maternity leave to 90% of salary.
Professors at Simon Fraser University are the only employees we found who were treated absolutely identically whether they were biological or adoptive parents. To do this, the maternity benefits not paid to adoptive parents by EI are covered by the university. Kudos to SFU!
Schools: We heard from many teachers across the province. School Districts in British Columbia bargain separately with the teachers' union (BCTF). As a result, adopting parents (who are also teachers) receive different benefits depending on where they work. For example, Surrey Teachers do receive the top-up of 95% of salary for the first 2 weeks, 70% for next 15 weeks and zero for the balance of parental leave. North Vancouver District teachers receive 95% for the first 2 weeks, but then 70% for only the next 10 weeks (while biological mothers receive it for the next 15 weeks). Most other school districts do not pay top-ups at all to teachers. There is no rational basis for treating teachers, who choose to create their families by adoption, differently. One parent was told that top-ups are not paid to adopting parents because the school district follows "Government of Canada rulings". This doesn't accord with our findings; all federal government departments that we heard from do top up adopting parents.
One adopting parent employed by the Coquitlam School Board was recently refused the top-up. When she told her employer that she was filing a complaint with the Human Rights Commission, she immediately received a top-up. Falling Between the Cracks
Some adopting parents are in a catch-22 situation and the problem may not be resolved until a parent takes action. We heard from several British Columbia parents who reported that employers dodge responsibility by saying it is up to the union to ask for benefits through the collective bargaining process.
One city police department we heard from only offers the top-up to biological parents. A Port Moody police officer said, "I am a union member and was entitled to nothing under the collective agreement. However, we were in the middle of negotiating a new one, and I asked for a provision to be added. I was unsuccessful".
Pursuant to Labour Relations legislation, unions are required to represent minority interests (like those of adopting parents). Failure to do so can lead to a complaint with the Labour Relations Board. Exercising that legal right against your Union, however, can be a scary prospect.
Another adoptive parent reported:
"I wasn't sure if there are many others in the same boat as myself, and considering the extremely daunting task of applying for change in our organization (my employer is Vancouver Coastal Health), I have not bothered to try. I would have to put forth a motion to the union (membership = 40,000) and the union would then vote on whether or not to pursue this issue with the Health Authority and ultimately the Government. Another union colleague who adopted several years ago felt the same as I do now."
Many adopting parents had similar experiences when they approached their union. They were told that nothing could be done. Studies in the USA show that less than 1% of eligible employees receive adoption employment benefits. No wonder adoptive parents can feel lost in big unions! What Can Be Done?
In a landmark 2002 study, 94% of respondents stated that adopting parents should receive the same benefits in the workplace as biological parents4. It is clear our society feels overwhelmingly that adopting and biological parents should be treated equally.
This doesn't seem right. Large government employers (such as hospitals, health districts, municipalities and school boards) should not justify continuing to discriminate by claiming that the unions need to ask for it. They should take responsibility and end the discriminatory treatment.
Employers should treat parents equally, whether they give birth or adopt. If an employer pays an E.I. top-up to a biological parent, then the same compensation should be paid to an adopting parent. To not do so is discrimination. 6
The need for change is apparent and many parents expressed an interest in making that change happen. Unless adopting parents object, this discrimination will not end. One possibility is to file a complaint with the BC Human Rights Tribunal.7 The most effective solution may be for adoptive parents to lobby their MLAs and MPs for legislative change. How about a law that simply says adopting parents and biological parents must be treated the same in any workplace. (After all 94% of society already thinks this is what should happen)
Talk to your employer and/or your union officials. If your organization tops up biological parents, insist that they treat adoptive parents equally.
1 We also heard about a few employers who give their employees a lump sum payment to help with adoption expenses. These payments ranged between five and ten thousand dollars.
2 This appeal is currently making its way towards the Supreme Court of Canada. The appeal at the Federal Court of Appeal is scheduled to be heard March 29 - 30, 2007. For a review of the issues in this case see http://www.bcadoption.com/afabc.
3 The rules about E.I. Supplemental payments (Top-Ups) are set out at www.hrsdc.gc.ca
4 The Dave Thomas Foundation in the USA has established a website with materials and assistance to help employers establish adoption friendly workplaces - see www.adoptionfriendlyworkplace.org
6 One adopting couple has written an impassioned plea for parents to lobby their MP's to help end discrimination against adopting parents. See www.bcparent.ca/articles/adoption/overcoming_discrimination.html.
7 In Ontario court the courts have not been sympathetic to adopting parents. In a case called Shafer the Ontario Court of Appeal decided that the discrimination built into the EI legislation did not contravene the Charter of Rights.
The information in this article has been obtained from a limited survey of Sunrise clients. The next step is to broaden the scope of this investigation to the BC and Canadian adoption community as a whole. If you know of someone who has had a similar experience (good or bad), please contact us. We would like to understand the full extent of this problem in British Columbia and Canada and will publish the results of the final survey.
About the Author
Mr. Douglas Chalke has been the Executive Director of Sunrise Family Services Society (a British Columbia government licensed adoption agency) since its inception twelve years ago. Mr. Chalke has considerable experience with international adoption and has visited orphanages and government ministries across the world. Mr. Chalke is an administrator with many years experience assisting children to find homes in Canada, and in assessing, educating and approving the families who are going to provide those homes.
Can anybody help with employment law in Higher Education (UK)?
I am seeing advice about a pro-rata contract dispute between the University and a part-time member of staff, can anybody point me in the direcion of some good employment law advice - preferably free. I am in the UK. thanks
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Contracts for Freelancers - Part 2 - Legal River
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What is Commercial Law?
Commercial Law is the name given to any legal issues around the area of business and commerce. Commercial Law is made up of many different areas.
CONTRACTS
Contracts are legally binding agreements, usually in the form of a document. Contrary to popular belief though, verbal agreements are also legally binding. Contract can be agreements with clients or customers, such as what work will be done, how and when. In a retailer, when an item is sold to a customer that automatically becomes a contract of sorts. The customer has certain rights, such as the right to a refund if the item is faulty.
Another area where contract are important, are employment contracts. Employment contracts dictate an employees’ salary, working hours, holiday entitlement and working conditions. The employer then has to abide by these agreements.
TAX
It is important that businesses pay the right amount of tax, or they will be held legally accountable. Solicitors can advice business on the areas where tax can be saved, and which tax breaks they are entitled to. For example charities are often entitled to certain tax reliefs.
EMPLOYMENT LAW
Employment Law regulates the legal rights of workers. Businesses have to make sure employees are paid correctly. This is even more important since the advent of the minimum wage in 2000. Employment Law also protects against discrimination; businesses are not allowed to discriminate in any situation, including during the recruitment stage. This area of commercial law also dictates the legal holiday entitlement and the maximum working hours allowed.
MERGERS & TAKEOVERS
There are a number of legal issues to consider when a business takeover or a merger between two or more businesses takes place. Commercial Solicitors London are required to make sure everything is as the law dictates. Contracts must be sorted out to state the conditions of the takeover. This can include how the role of employees may change, any agreement as to the direction the company will take, and of course the financial agreements. Agreements as to when payments should be made, and whether it is in instalments or a lump sum are covered here. The company which is being taken over may demand certain conditions of the sale.
HEALTH & SAFETY
This is an area that has become increasingly important in recent years. This area of law covers the health and safety of employees and customers. Areas of operation must have potential dangers clearly marked and steps must be taken to prevent accidents where possible. Companies can be help responsible if accidents occur.
FINANCE
Finally, finance is an area that is relevant across business. Relationships between businesses and banks can be crucial to the financing of businesses so it is an important consideration. Finance overlaps with many other areas of commercial law, such as employment, tax and contracts.
Employment Relations (Rest Breaks and Meal Breaks)
Tēnā koe, Mr Assistant Speaker, kia ora tātau katoa. Nā runga i te hiahia kia kōrerotia tō tātau reo Māori i roto i te Whare nei, kua kawe haerehia tēnei kōrero i roto i te reo Māori. ALA Presidential Candidate Question Responses: Oliver on GLBT Employment Rights
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All Things about Quran as a Miracle and English Translation of It
In the name of God, the Beneficent, the Merciful.
All praise is due to God, the Lord of the Worlds.
The Beneficent, the Merciful.
Master of the Day of Doom.
Thee (alone) we Worship; Thee (alone) we ask for Help.
Keep us on the Right Path.
The Path of Those Upon whom Thou hast Bestowed Favors. Not (the path) of those upon whom Thy Wrath is Brought Down, nor of those who go Astray.
Abstract
Despite the historical fact that the early Muslim community's stand on the translation of the Arabic text of the Quran was ambivalent, as indeed, the general Muslim attitude remains so to this day, the act of translation may be logically viewed as a natural part of the Muslim exegetical effort. However, whereas the idea of interpreting the Quran has not been so controversial, the emotional motives behind rendering the Quranic text into languages other than Arabic have always been looked upon with suspicion. Muslims believe that the Quran is the revealed word of God. It happens to be in Arabic. Any translation into another language, like English, can only be an interpretation of the meaning, as is obvious if you compare two or more translations - sometimes they don't say at all the same thing! In general, the translator can attempt to render the text as literally as possible, or he can attempt to capture the meaning and flavor of the text, but not both.
This is obvious as the need for translating the Quran arose in those historic circumstances when a large number of non-Arabic speaking people had embraced Islam, and giving new linguistic orientations to the contents of the revelation - as, for instance, happened in the case of the 'New Testament' - could have led to unforeseeable, and undesirable, developments within the body of the Islamic religion itself. (For a brief, though highly useful, survey of the Muslim attitudes towards the permissibility of translating the text of the revelation to non-Arabic tongues, see M. Ayoub, 'Translating the Meaning of the Quran: Traditional Opinions and Modern Debates', in Afkar Inquiry, Vol. 3, No. 5 (Ramadan 1406/May 1986), pp.34 9).
The Qur’an is the Divine literal Word of God, Muslims believe, revealed in Arabic to His Prophet Muhammad by the archangel Gabriel. However, Muslims also believe that Prophet Muhammad was not sent to Arabs only but to all mankind. That the message of Islam is a universal one, is a fact admitted by the Qur’an itself in the early Meccan suras (34: 28, 7: 158, 21: 107, etc). Therefore, it is Muslims’ duty to convey the message of Islam and the meanings of the Qur’an to all humanity. But in the meantime there is the concept of the inimitability of the Qur’an; i.e. it is in the highest rank of Arabic rhetoric and beauty that it challenged Arabs to produce the like of the shortest sura of it and they failed. The problem of translating the Qur’an into foreign languages became more pressing when Muslims came in close contact with non-Arabs, notably Persians, after the death of the Prophet Muhammad. The first appearance and discussion of the issue in classical books of fiqh was related to the issue of reciting the translation of the Qur’an in prayer. However, in the 1920s and 1930s, the issue of translating the Qur’an reappeared due to several historical factors, which played a significant role in this debate, namely the translations made for nationalistic and sectarian purposes [1] as well as those made by Orientalists and missionaries for polemical purposes. Thus the different opinions of this period should be discussed in light of these factors.
1. Opponents of the Translation of the Qur’an
In a separate study, the opinion of Rashid Rida regarding the translation of the Qur’an ‘was discussed.[2] Rida was not alone in his opposition to the translation of the Qur’an to non-Arab Muslims, yet we will see other scholars who adopted more or less the same opinion because of the early twentieth century conditions, which incited this approach. Among these scholars we the opinions of Sheikh Muhammad Hasanayn Makhluf and Sheikh Muhammad Shakir will be discussed.
1.1 Sheikh Muhammad Shakir[3]
In 1925 Sheikh Muhammad Shakir, former Wakil of al-Jami‘ al-Azhar, wrote a long article published in four parts[4] respectively in Al-Muqattam daily newspaper. This article was published later in the same year as a book entitled Al-Qawl al-Fasl fi Tarjamat al-Qur’an al-Karim ila al-Lughat al-A‘jamiyya.[5] Sheikh Shakir started by explaining what is meant by translation. He defined it as “the transference of speech from one language to another.” He then stated that a translator must know the meaning of each individual word, the idea that each one is intended to convey, either literally or metaphorically, and the special rules of composition whereby these individual words can express a sequence of ideas. The translator’s knowledge of the target language, he continued, must be equal to his knowledge of the language from which he translates — not merely as to the meaning of individual words and their literal and metaphorical use, but also the syntactical modes of expression — otherwise the translation will fail to convey the sense of the original or will differ from it.[6]
He compared the translation from one language to another to substituting one expression for another in the same language, in the sense that a balance of meaning must be preserved between the original and the translation, and between one phrase and another. Then he inquired if, in the case of the Qur’an, a due balance of meaning can be achieved in the replacement of one expression of the sacred text for another, no matter how much we strive to preserve this balance of meaning. In answer, he stated that no Muslim since the time of the Prophet to the present age had hesitated to give a definite answer in the negative and to condemn it absolutely, and that no man may change one word for another in the order it is set down in the Qur’an, even though the two words may be exactly synonymous.[7] He gave an example with the word walad in surat ’Al ‘Imran (4: 47) and ghulam in surat Maryam (19: 20) stating that all Muslims agree that we are not at liberty to read in both suras, either walad or ghulam, nor put one of these words in place of the other in either of the two suras. He then stressed that if this kind of change of one expression for another in the language of the Qur’an itself is forbidden by all Muslims, then such a change as would be implied by the transference of all the words in the sacred text from the Arabic language into any foreign language is much more strictly forbidden.[8]
He also argued that the Qur’an is distinguished from all other heavenly books by the sacred character that accompanies its arrangement in Arabic. As to the Tawrah and the Injil, he continued, each one of them is a sacred book but through a sacred meaning quite apart from sacred words.[9] He condemned those persons making demands for a translation of the Qur’an reminding them that the Qur’an is the abiding remnant of the Islamic community, after the Great War had torn asunder the countries of Islam and after the Turkish republic had demolished the throne of the exalted caliphate and thrown aside the chief capital of Islam. Then he warned them that they will see another battle-ground for the Islamic community, when they find in the Turkish republic a Turkish Qur’an, and in the English colonies an English Qur’an, and in the colonies of other governments a French or Italian, or Spanish or Dutch Qur’an, which the translators will have to correct and revise whenever they recognize a need for correction and revision as is the case with the Tawrah and the Injil.[10]
1.2 Sheikh Muhammad Hasanayn Makhluf[12]
In the same year (1925) Sheikh Hasanayn Makhluf, former Mufti of Egypt, published a treatise entitled Risala fi Hukm Tarjamat al-Qur’an al-Karim wa-Qira’atihi wa-Kitabatihi bi-ghayr al-Lughati al-‘Arabiyya which was originally the last of four treatises he started on Rajab 1340/1922 and dedicated to some themes pertaining to Qur’anic sciences.[13] First, he distinguished between three kinds of translation (1) equal literal translation, (2) unequal literal translation, and (3) interpretative translation, stating that the first, i.e. the word for word translation which is identical to the original in its composition, style and rhetoric, is out of discussion for there is consensus among scholars that it is unimaginable and impossible to achieve.[14] Also he stated that the interpretative translation is not a translation of the words of the original but of their interpretation, in other words, it is an interpretation of or commentary on the Qur’an in another language. Sheikh Makhluf, maintained that this translation is unanimously permissible provided that it is based on the sound Prophetic traditions, knowledge of the sciences of Arabic language, and of other Qur’anic sciences which are required for the interpretation of the Qur’an.[15]
As for the unequal literal translation, which is the focus of his treatise, he said that in this kind of translation the translators try to replace each word by its equivalent in the target language as much as possible and thus it is not necessary to preserve the characteristics of the original in the translation.[16] He went on to explain that this occurred in the various translations made by Orientalists since the time they commenced translating the Qur’an in the eleventh century. The purpose of the majority of them, he said, was to damage it, distort its composition, and change its meanings. His opinion was that the best method of combating this campaign was to inform them that what they produced was not the Qur’an, and to convey to them the true message of the Qur’an, because most of what they knew about it was false due to the faults of translators or intentional distortion and alteration.[17] Then he stated that this kind of translation (i.e. the unequal literal trans.) is unlawful arguing that Allah and His Messenger took the responsibility of protecting and guarding the composition and style of the Qur’an and ordered us to protect it, so any act that contradicts this protection is an evil and a bad thing for it gives way to its alteration and distortion. In this sense the translation is an aggression against Allah and His Messenger and alteration of His Book. The same applies to the interpretative translation if it deviated from the Sunna of the Prophet, the basic sciences and principles of interpretation upon which the commentators relied.[18]
He referred to the opinions of the jurists of the four schools of jurisprudence stating that they did not permit the literal translation of the Qur’an. He pointed out that none of them was reported to have permitted it in any age except for what was reported about the Hanafis that they permitted the recitation of the translation of the Qur’an for the obligatory part needed in prayer on the basis of a certain proof.[19]
The method of conveying and propagating the message of Islam to all humans, he elucidated, was through explaining the principles of Islam that the Qur’an brought and were embodied in the biography of the Prophet which can be expressed in all languages without any need for translation [of the Qur’an].[20] Then he gave examples with the Muslim Turks, Persians, and Indians who read the Qur’an in Arabic, though they do not know Arabic but understand as much of it [the Qur’an] as is necessary to fulfill the obligations of Islam without any need for the translation of the Qur’an.[21]
He concluded that the unequal literal translation is unlawful; the interpretative translation is permitted provided that it is based on a valid interpretation of the Qur’an; and that spreading Islam to all humans is not dependant on the translation of the Qur’an but on a sound translation of the principles of Islam, which is fard kifaya (collective duty).[22]
The Muslim need for translating the Quran into English arose mainly out of the desire to combat the missionary effort. Following a long polemical tradition, part of whose goal was also the production of a - usually erroneous and confounding - European version of the Muslim scripture; Christian missionaries started their offensive against a politically humiliated Islam in the eighteenth century by advancing their own translations of the Quran.
Obviously, Muslims could not allow the missionary effort - invariably confounding the authenticity of the text with a hostile commentary of its own - to go unopposed and unchecked. Hence, the Muslim decision to present a faithful translation of the Quranic text as well as an authentic summary of its teaching to the European world. Later, the Muslim translations were meant to serve even those Muslims whose only access to the Quranic revelation was through the medium of the European languages. Naturally, English was deemed the most important language for the Muslim purpose, not least because of the existence of the British Empire which after the Ottomans had the largest number of Muslim subjects.
The same rationale, however, applies to sectarian movements within Islam or even to renegade groups outside the fold of Islam, such as the Qadiyanis. Their considerable translational activities are motivated by the urge to proclaim their ideological uniqueness.
Although there is a spate of volumes on the multi-faceted dimensions of the Quran, no substantial work has so far been done to critically examine the mass of existing English translations of the Quran.
Even bibliographical material on this subject was quite scant before the fairly recent appearance of World Bibliography of the Translations of the Meanings of the Holy Quran (Istanbul, OIC Research Centre, 1986), which provides authoritative publication details of the translations of the Quran in sixty-five languages.
Some highly useful work in this field had been done earlier by Dr. Hamidullah of Paris. Appended to the Cambridge History of Arabic Literature Volume 1, Arabic Literature to the End of the Umayyad Period (Cambridge university Press, 1983) is a bibliography of the Quran translations into European languages, prepared by J.D. Pearson, as is the latter's article in the Encyclopaedia of Islam. It is, however, of not much use to the Muslim.
Since none of the above-mentioned works is annotated, the reader gets no idea about the translator's mental make-up, his dogmatic presuppositions and his approach to the Quran as well as the quality of the translation.
Similarly the small chapter entitled 'The Qur'an and Occidental Scholarship' in Bell and Watt's Introduction to the Qur'an (Edinburgh, 1970, pp. 173-86), although useful in providing background information to Orientalists' efforts in Quranic studies, and translations, more or less for the same reasons, is of little value to general Muslim readers. Thus, studies which focus on those aspects of each translation of the Quran are urgently needed lest Western scholars misguide the unsuspecting non-Arabic speaking readers of the Quran. An effort has been made in this survey to bring out the hallmarks and shortcomings of the major complete translations of the Quran.
The early English translations of the Quran by Muslims stemmed mainly from the pious enthusiasm on their part to refute the allegations leveled by the Christian missionaries against Islam in general and the Quran in particular.
Illustrative of this trend are the following translations:
(i) Mohammad Abdul Hakim Khan, The Holy Qur'an:'with short notes based on the Holy Qur'an or the authentic traditions of the Prophet, or and New Testaments or scientific truth. All fictitious romance, questionable history and disputed theories have been carefully avoided' (Patiala, 1905);
(ii) Hairat Dehlawi, The Koran Prepared, by various Oriental learned scholars and edited by Mirza Hairat Dehlawi. Intended as 'a complete and exhaustive reply to the manifold criticisms of the Koran by various Christian authors such as Drs. Sale, Rodwell, Palmer and Sir W. Muir' (Delhi, 1912); and
(iii) Mirzal Abu'l Fadl, Qur'an, Arabic Text and English Translation Arranged Chronologically with an Abstract (Allahabad, 1912).
Since none of these early translations was by a reputed Islamic scholar, both the quality of the translation and level of scholarship are not very high and these works are of mere historical interest.
Later works, however, reflect a more mature and scholarly effort.
Muhammad Marmaduke William Pickthall, an English man of letters who embraced Islam, holds the distinction of bringing out a first-rate rendering of the Qur'an in English, The Meaning of the Glorious Qur'an (London, 1930).
It keeps scrupulously close to the original in elegant, though now somewhat archaic, English. However, although it is one of the most widely used English translations, it provides scant explanatory notes and background information. This obviously restricts its usefulness for an uninitiated reader of the Qur'an.
Abdullah Yusuf Ali's The Holy Qur'an: Translation and Commentary (Lahore, 1934 37), perhaps the most popular translation, stands as another major achievement in this field. A civil servant by vocation, Yusuf Ali was not a scholar in the classical Muslim tradition. Small wonder, then, that some of his copious notes, particularly on hell and heaven, angels, jinn and polygamy, etc. are informed with the pseudo-rationalist spirit of his times, as for instance in the works of S. Ahmad and S. Ameer Ali.
His overemphasis on things spiritual also distorts the Qur'anic worldview. Against this is the fact that Yusuf Ali doubtless was one of the few Muslims who enjoyed an excellent command over the English language. It is fully reflected in his translation. Though his is more of a paraphrase than a literal translation, yet it faithfully represents the sense of the original.
The Meaning of the Qur'an (Lahore, 1967), the English version of Sayyid Abul A'la Mawdud'i's magnum opus, the Urdu Tafhim al-Quran is an interpretative rendering of the Qur'an which remarkably succeeds in recapturing some of the majesty of the original.
Since Mawdudi, a great thinker, enjoyed rare mastery over both classical and modern scholarship, his work helps one develop an understanding of the Qur'an as a source of guidance. Apart from setting the verses/Suras in the circumstances of its time, the author constantly relates, though exhaustive notes, the universal message of the Qur'an to his own time and its specific problems. His logical line of argument, generous sensibility, judicious use of classical Muslim scholarship and practical solutions to the problems of the day combine to show Islam as a complete way of life and as the Right Path for the whole of mankind. Since the translation of this invaluable work done by Muhammad Akbar is pitiably poor and uninspiring, the much-needed new English translation of the entire work is in progress under the auspices of the Islamic Foundation, Leicester.
The Message of the Quran by Muhammad Asad (Gibraltar, 1980) represents a notable addition to the body of English translations couched in chaste English. This work is nonetheless vitiated by deviation from the viewpoint of the Muslim orthodoxy on many counts. Averse to take some Qur'anic statements literally, Asad denies the occurrence of such events as the throwing of Abraham into the fire, Jesus speaking in the cradle, etc. He also regards Luqman, Khizr and Zulqarnain as 'mythical figures' and holds unorthodox views on the abrogation of verses. These blemishes apart, this highly readable translation contains useful, though sometimes unreliable background information about the Qur'anic Suras and even provides exhaustive notes on various Qur'anic themes.
The fairly recent The Qur'an: The First American Version (Vermont, 1985) by another native Muslim speaker of English, T.B. Irving, marks the appearance of the latest major English translation. Apart from the obnoxious title, the work is bereft of textual and explanatory notes.
Using his own arbitrary judgment, Irving has assigned themes to each Qur'anic Ruku' (section). Although modern and forceful English has been used, it is not altogether free of instances of mistranslation and loose expressions. With American readers in mind, particularly the youth, Irving has employed many American English idioms, which, in places, are not befitting of the dignity of the Qur'anic diction and style.
In addition to the above, there are also a number of other English translations by Muslims, which, however, do not rank as significant ventures in this field.
They may be listed as:
1. Al-Hajj Hafiz Ghulam Sarwar, Translation of the Holy Qur'an (Singapore, 1920) 2. Ali Ahmad Khan Jullundri, Translation of the Glorious Holy Qur'an with commentary (Lahore, 1962) 3. Abdur Rahman Tariq and Ziauddin Gilani, The Holy Qur'an Rendered into English (Lahore, 1966) 4. Syed Abdul Latif, Al-Qur'an: Rendered into English (Hyderabad, 1969) 5. Hashim Amir Ali, The Message of the Qur'an Presented in Perspective (Tokyo, 1974) 6. Taqui al-Din al-Hilali and Muhammad Muhsin Khan, Explanatory English Translation of the Holy Qur'an: A Summarized Version of Ibn Kathir Supplemented by At-Tabari with Comments from Sahih al-Bukhari (Chicago, 1977) 7. Muhammad Ahmad Mofassir, The Koran: The First Tafsir in English (London, 1979) 8. Mahmud Y. Zayid, The Qur'an: An English Translation of the Meaning of the Qur'an (checked and revised in collaboration with a committee of Muslim scholars) (Beirut, 1980) 9. S.M. Sarwar, The Holy Qur'an: Arab Text and English Translation (Elmhurst, 1981) 10. Ahmed Ali, Al-Qur'an: A Contemporary Translation (Karachi, 1984).
(In view of the blasphemous statements contained in Rashad Khalifa's The Qur'an: The Final Scripture (Authorized English Version) (Tucson, 1978), it has not been included in the translations by Muslims).
Even amongst the Muslim translations, some are representative of the strong sectarian biases of their translators.
For example, the Shia doctrines are fully reflected in accompanying commentaries of the following books: S.V. Mir Ahmad Ali, The Holy Qur'an with English Translation and Commentary, according to the version of the Holy Ahlul Bait includes 'special notes from Hujjatul Islam Ayatullah Haji Mirza Mahdi Pooya Yazdi on the philosophical aspects of the verses' (Karachi, 1964); M.H. Shakir, Holy Qur'an (New York, 1982); Syed Muhammad Hussain at-Tabatabai, al-Mizan: An Exegesis of the Qur'an, translated from Persian into English by Sayyid Saeed Akhtar Rizvi (Tehran, 198~). So far five volumes of this work have been published.
Illustrative of the Barelvi sectarian stance is Holy Qur'an, the English version of Ahmad Raza Khan Brailai's Urdu translation, by Hanif Akhtar Fatmi (Lahore, n.d.).
As pointed out earlier, the Qadiyanis, though having abandoned Islam, have been actively engaged in translating the Qur'an, Apart from English, their translations are available in several European and African languages.
Muhammad Ali's The Holy Qur'an: English Translation (Lahore, 1917) marks the beginning of this effort. This Qadiyani translator is guilty of misinterpreting several Qur'anic verses, particularly those related to the Promised Messiah, his miracles and the Qur'anic angelology.
Similar distortions mar another Qadiyani translation by Sher Ali, The Holy Qur'an: Arabic Text with English Translation (Rabwah, 1955).Published under the auspices of Mirza Bashiruddin Mahmud Ahmad, second successor of the "Promised Messiah" and head of the Ahmadiyyas, this oft-reprinted work represents the official Qadiyani version of the Qur'an. Unapologizingly, Sher Sher Ali refers to Mirza Ghulam Ahmad as the "Promised Messiah" and mistranslates and misinterprets a number of Qur'anic verses.
There are a number of translations of the Quran into English. This is not a comprehensive list, but rather a list of several that I recommend, and several that I feel people should avoid.
Recommended Translations
1) The Meaning of the Glorious Koran, by Mohammad Marmaduke Pickthall. Pickthall was a British convert to Islam in the early 20th century. His translation sticks closely to the Arabic text and to the interpretations made by Muslims. It is also very easy to find and inexpensive. The only drawback is the archaic language (thee and thou and the like), which makes it difficult to read. Nonetheless, this is my preferred translation.
2) The Holy Qur'an: Translation, by Abdullah Yusuf Ali. Available in several versions including with Arabic text, commentary, or Roman transliteration. His translation is looser than Pickthall's but sometimes captures the flavor of the Arabic better. This translation is also widely available in one or another of its versions. Contains some archaic language but not as much as Pickthall.
3) The Koran Interpreted, by A.J. Arberry. This translation is by a non-Muslim. Arberry has really made efforts to render his translation in the most beautiful language and style. However, his rendering of certain passages may differ from that of other translators because he did not make use of Islamic interpretations. Also, the system of verse numbering is different than that of other translations, which makes it difficult to use as a reference.
Translations to Avoid
1) The Noble Qur'an in the English Language, by Muhammad al-Hilali and M.M. Khan. These authors have inserted a lot of commentary in parenthetical notes in the text, and this is why I do not like it. It gives a very misleading idea to non-Muslims or to new Muslims what the Arabic text of the Quran is. If the commentary had been put in footnotes rather than the main body of the text, this would be on my recommended list instead. Use this only if you are familiar with the Arabic text of the Quran and can determine what is commentary and what is the Quran.
2) The Koran, by J.M. Rodwell. This is a translation by a Christian missionary. Not only does this introduce bias into his rendering, but he has also left out several verses at the end of Surah al-Baqarat, and the last four surahs. As such, this translation is really unusable. Avoid it.
2. Proponents of the Translation of the Qur’an
We will study now the opinions of two scholars who permitted the translation of the Qur’an.
2.1 Sheikh Muhammad Mustafa al-Maraghi[23]
Sheikh Muhammad Mustafa al-Maraghi, former Grand Sheikh of al-Azhar, advocated the translation of the Qur’an and expressed the opinion that it is absolutely permissible in a treatise first published in 1932. In 1355/1936 he added to it some other quotations of classical works supporting his viewpoint. This treatise was republished in Nur al-Islam under the title Bahth fi Tarjamat al-Qur’an al-Karim wa-’Ahkamuha and it was also distributed as a supplement to the second issue of the magazine on the occasion of the cooperation between al-Azhar and the ministry of Education in translating the meanings of the Qur’an. He used some quotations of al-Shatibi, Ibn Hajar, and al-Zamakhshari as the basis of his arguments. He started by quoting a passage of al-Shatibi, a Maliki scholar who died in Granada in 790 AH, which reads: “Arabic words, on their own or arranged in literary form to make sense, may be considered from two aspects: either they convey absolute meanings (ma‘anin mutlaqa) or auxiliary meanings (ma‘anin khadima). The first is common to all languages, so that it is possible to express in foreign languages what is expressed in Arabic and vice versa. …The second, derived from highly developed rhetoric, is peculiar to Arabic. If this second view is admitted, it is not possible to translate, in any way, Arabic into foreign tongues, still less to translate the Qur’an, unless the two languages concerned be proved equal… a very difficult thing to do conclusively….”[24] Al-Maraghi then stressed al-Shatibi’s conclusion that it is possible to translate the Qur’an, if the absolute meaning alone is considered, since by common agreement of all Muslims it is permissible to comment on it, and this agreement on its tafsir was an argument for the legitimacy of its translation.[25] Al-Maraghi went on to maintain that translation is similar to commentary in that both are meant to explain the meanings and purposes of the Qur’an in other words. The only difference is that the commentator uses Arabic while the translator uses a non-Arabic language. Since it is possible that a commentator be wrong or right in expressing the meanings, the same possibility should be accepted in respect to the translation as long as the commentator and translator possess the required qualifications.[26]
Al-Maraghi also quoted al-Zamakhshari’s aforementioned commentary on verse (14: 4) in which he stated, “If you argue that the Messenger of Allah was not sent to the Arabs alone but to all mankind…who speak different languages, so that if the Arabs could not make any plea (of ignorance) others could, then I would say this: The Qur’an could have been revealed either in all numerous languages, or only in one language. If the revelation were to be communicated in all languages, it would lead to needless repetition, since translation could serve as a substitute for such repetition. Hence it was revealed to the Prophet in the language of his own people, to whom he was sent, in the preliminary stage of the call to Islam. Once these people came to understand comprehensively the meaning of this message, they took the task of transmitting it to the rest of mankind throughout the world. This is evident in all non-Arab countries, where Muslims get their instruction in the Qur’an through translations in their native tongues…”[27] Furthermore, al-Maraghi stated that Ibn Hajar al-‘Asqalani in his commentary on Sahih al-Bukhari under the chapter entitled “Nazala al-Qur’an bilisan Quraysh wal-‘Arab…” [The Qur’an was revealed in the language of Quraysh and the Arabs…] quoted Ibn Battal who said, “The Qur’an was revealed in the Arabic tongue but this does not contradict the fact that the Prophet was sent to all peoples because he conveyed it [the Revelation] to the Arabs and they in turn would translate it to non-Arabs in their own tongues.”[28]
Al-Maraghi then commenced to respond to the arguments of the opponents of the translation of the Qur’an. He stated that the Qur’an is unanimously the literal word of Allah revealed to Prophet Muhammad in the Arabic language. He denied that Abu Hanifah once held that it is the meaning of the revealed Arabic text as it was reported. Al-Maraghi then asserted that the Qur’an was revealed to the Prophet for two purposes: first, [instruction] through the meanings it comprised such as tawhid (the unity of Allah), the code of Divine laws dealing with all spheres of life, the code of ethics and manners, etc., and second, a proof for the veracity of Muhammad’s Prophethood, that is i‘jaz[29] (the inimitability of the Qur’an).[30] He stated that the majority of Muslim scholars view that the i‘jaz consists in the excellence of its literary composition. Hence no translation could transfer both of the meaning and literary style of the Arabic text to the target languages, but this does not mean that it is impossible to transfer the meaning. As for the i‘jaz, i.e., the inimitability of the literary style, it is still preserved in the Arabic text for the Arabs and non-Arabs who read the Arabic text.[31] then al-Maraghi argued that if the inimitability of the Qur’an lies in the fact that it contained certain forecasts of the future, as some believed, then the translation can convey this proof for this aspect of inimitability is connected to the meaning not to different forms of applying of different kinds of wording.[32]
Al-Maraghi stressed that the translations cannot be called Qur’an and thus if they are altered or happened to differ from one another, this has nothing to do with the Arabic text which is preserved against any change or alteration as Allah promised. It is, he continued, the official text, which must be resorted to in case of differences, and the criterion for judging any translation to exist.[33]
Finally, al-Maraghi concluded that it is not permissible to change the words of the Arabic text or alter their arrangement and composition, which we are required to protect against distortion and alteration. Translations have nothing to do with this, for they are not the Qur’an and should not be described as such; they are no more than the meanings of the Qur’an. He added that it is not possible to translate the whole Qur’an literally, but this is possible with regard to the majority of its verses. He admitted that the interpretative translation may change the meaning intended by Allah for it is dependant on the understanding and interpretation [of the translator] but he stated that the Hanafis permitted this kind of translation and that al-Shatibi also permitted it comparing it to commentary. Then he stated that arabizing non-Arab Muslims is a pleasant aspiration and every Muslim wishes that Arabic would be the tongue of the whole Muslim world so that all Muslims could read and understand the Arabic text of the Qur’an. However, he emphasized that until this wish is fulfilled it is better that the meanings of the Qur’an be translated to non-Arab Muslims so that they could comprehend and reflect upon them. He also stated that the true meanings of the Qur’an should not be hidden from Christian communities but they should be properly transferred to them so that their scholars could study its social institutions, codes of ethics, etc.[34]
2.2 Sheikh Mahmud Shaltut[35]
In 1355/1936 Sheikh Mahmud Shaltut [former Grand Sheikh of al-Azhar] wrote an article entitled “Tarjamat al-Qur’an wa-Nusus al-‘Ulama’ fiha” in Majallat al-Azhar expressing his attitude regarding the translation of the Qur’an.[36] He adopted the same opinion as Sheikh al-Maraghi. First, he explained that the cause of the controversy on the issue was that some Muslim reformers noticed that many translations of the Qur’an were made by non-Muslims and contained many mistakes, which in turn led to misunderstanding of the meanings of the Qur’an. These Muslim reformers called for the making of a translation containing precise and adequate meanings of the Qur’an, which could then be spread all over the world so that, on the one hand, the guidance and principles of Islam would be propagated, and that it would overcome the corrupt translations on the other hand.[37]
Shaltut then referred to the three kinds of translation previously identified by Sheikh Shakir and stated that the equal literal translation which is intended to preserve the inimitability and excellence of the literary composition of the original was out of discussion for it is impossible and beyond human ability. As for the unequal literal translation and the interpretative translation, he stated that none of them could convey the inimitable aspects of the Qur’an, so such translations were not the Qur’an or its equal, for the Qur’an is the inimitable word of Allah revealed in Arabic and reached us through successive transmission. He emphasized that the existence of any of these two kinds of translation neither challenges the inimitable aspects of the Qur’an nor suffices to convey its purposes, i.e. i‘jaz and tabligh (instruction). But he stressed that the inimitability of the Qur’an consisted not only in its rhetoric and literary composition but also in that it contained certain forecasts of the future, which could not be perceived except through revelation, as well as distinctive codes of laws and social and ethical principles, which no one could say were capable of invention either wholly or partially by an unlettered man. If the translation could not transfer the inimitable rhetoric and composition, he argued, it could transfer the other great aspects of inimitability, which are connected to the original meanings, and thus humanity should not be deprived from them.[38]
3. Analysis
From the previous discussions we can identify many common points between both the opponents and advocates of the translation of the Qur’an. In general, none of them opposed translation of the meanings of the Qur’an to non-Muslims for the purpose of enabling them to have knowledge of the message of Islam. None of them denied the fact that the style of the Qur’an is inimitable and that it is impossible to transfer this inimitable aspect into a translation, and thus none of them stated that a translation could serve as a substitute for the original. None denied the need to have access to the Arabic original. However, we have observed differing attitudes towards the issue on two main grounds: first, on legal grounds, for the issue was one of controversy among Muslim scholars in the past and thus the old debate was retained in the new discourse and each side more or less adopted one of the old attitudes. The second is a historical ground that had different effects on the discussion. It is obvious that all the fatwas issued at a particular period were affected by certain historical elements, which represented external threats to the solidarity of the community.
We have looked at the phase of history when the Turkish government was endeavoring to severe all ties and relations with Muslim countries, and to isolate the Turkish people from the language of the Qur’an by providing a substitute for it, with which they would have no need of the Arabic Qur’an. As we have seen this threatened the solidarity of the Muslim nation, and that is why all the fatwas more or less stressed the fact that a translation cannot be described as the Qur’an. Thus in response to this threat, some scholars opposed the idea of translation in general, and permitted only a translation of a commentary on the Qur’an so as to preserve the composition of the Qur’an from corruption, and to ensure that the remaining bond of Islamic unity (i.e. the Qur’an) after the collapse of the Islamic caliphate would not be severed in favor of nationalistic goals. This attitude was represented in the positions of Muhammad Shakir, Mustafa Sabrî, and Hasanayn Makhluf, who by invoking the principle of sadd al-dhara’i‘ were keen to preserve Islamic unity and fight against those, who tried to divert the peoples from the Arabic Qur’an and the Arabic language.
On the other hand, we encounter the long history of the Orientalist-missionary polemics towards the Qur’an and their production of a distorted image of the Qur’an, the Prophet Muhammad and the religion of Islam in general in the Western world. Though the first group felt this danger, some of them did not think that the production of a true translation of the Qur’an could prevent this campaign. This was the opinion of Sheikh Makhluf. In his opinion, the best method of opposing this campaign was to inform them that what they produced was not the Qur’an, to convey to them the true message of the Qur’an and assure them that the Qur’an is untranslatable. However, the second group perceived a danger and tried to react in a more positive way by calling for the production of a faithful translation of the Qur’an as an attempt to correct the misconceptions spread in the West. The reaction to the Qadiani threat was more or less the same as that to the Orientalist-missionary approach by both sides.
4. Conclusion
No doubt, the peculiar circumstances of history which brought the Qur'an into contact with the English language have left their imprint on the non-Muslim as well as the Muslim bid to translate it. The results and achievements of their efforts leave a lot to be desired.
Unlike, for instance, major Muslim languages such as Persian, Turkish and Urdu, which have thoroughly exhausted indigenous linguistic and literary resources to meet the scholarly and emotional demands of the task, the prolific resources of the universal medium of English have not been fully employed in the service of the Qur'an.
The Muslim Scripture is yet to find a dignified and faithful expression in the English language that matches the majesty and grandeur of the original. The currents of history, however, seem to be in favour of such a development. Even English is acquiring a native Muslim character and it is only a matter of time before we have a worthy translation of the Qur'an in that tongue.
Till them, the Muslim student should judiciously make use of Pickthall, A. Yusuf Ali, Asad and Irving; Even Arberry's stylistic qualities must not be ignored. Ultimately, of course, the Muslim should try to discover the original and not allow himself to be lost in a maze of translations and interpretations.
From the aforementioned discussions we can reach two important conclusions. The first is that Muslim scholars did not stand aloof from their society, but were aware of its problems and tried their best to solve these problems and fight against the various threats endangering the solidarity and development of their societies. By dealing with the problem of the translation of the Qur’an, which serves here as an example, we can touch this aspect of the Muslim society very closely. The historical elements which surrounded the issue at particular moments of history emphasize this conclusion, for they reveal how Muslim scholars responded to the needs of society at these times. The second conclusion was the important role that the Arabic language has played in unifying the Muslim world, for it is not the language of Arabs but of all Muslims; it is the language of the Qur’an, of worship, and Islamic heritage.
From here I call upon all Muslims to pay more attention to the Arabic language in their educational curricula, and to establish institutions in the West to shoulder the task of teaching Muslims there the language of the Qur’an. In the meantime, I call upon Muslim scholars from all Muslim countries to convene an International Islamic committee including professionals both in Arabic as well as in the different foreign languages to examine the present translations of the Qur’an and revise whatever mistakes they find in them and hold regular revision sessions for these translations.
References
[1]This refers to those translations made by the Qadianis to proclaim their beliefs and to the initiative of the Turkish government, after the collapse of the caliphate, to produce a Turkish Qur’an as a substitute to the Arabic one in order to severe all ties with Arabs and Muslims.
[2]See: M. A. M. Abou Sheishaa, “The Translation of the Qur’an: A Study of A Fatwa by Rashid Rida” in Journal of the Society for Qur’anic Studies, no. 1, vol. 1, 2001, cf. M. A. M. Abou Sheishaa, The Translation of the Qur’an: A Study of a Fatwa by Rashid Rida and Other Relevant Fatwas and Issues, Unpublished paper submitted to the Seminar “Islam and the West: Their Mutual Relations as Reflected in Fatwa Literature”, Leiden, 2001.
[3]Sheikh Muhammad Shakir b. Ahmad b. ‘Abd al-Qadir was born in 1282/1866 in Jirja, a city in Upper Egypt. He studied at al-Azhar and in 1900 he was appointed as a chief justice in Sudan for four years. He was then appointed as Wakil of al-Azhar. He was a member of al-Azhar Corps of High Scholars and a member of the Legislative Society (al-Jam‘iyya al-Tashri‘iyya) in 1331/1913. He died in 1358/1939 in Cairo. Among his works are: al-Durus al-Awwaliyya fi al-‘Aqa’id al-Diniyya, al-Qawl al-Fasl fi Tarjamat al-Qur’an al-Karim, and al-Sira al-Nabawiyya. His son Sheikh Ahmad Muhammad Shakir wrote his biography in a treatise entitled Muhammad Shakir ‘Alam min A‘lam al-‘Asr. For further information see: Khayr al-Din al-Zirikli, Al-A‘lam, Dar al-‘Ilm lil-Malayin, Beirut, n.d., vol. 6, pp. 156-57; cf. Daghir, op.cit., vol. 2, p. 466.
[4]The first part of this article was translated by T. W. Arnold and published by the Moslem World under the title “On the translation of the Koran into Foreign Languages”. The Arabic original was inaccessible to me.
[5]Nur Ichwan, M., Response of the Reformist Muslims to Muhammad Ali’s Translation and Commentary of the Qur’an in Egypt and Indonesia: A study of Muhammad Rashid Rida’s Fatwa, Unpublished paper submitted to the Seminar “Islam and the West: Their Mutual Relation as Reflected in Fatwa Literature, Leiden, 1998, p. 22.
[6]Shakir, Muhammad, “On the Translation of the Koran into Foreign Languages”, trans. T. W. Arnold, in The Moslem World, vol. XVI, 1926, pp. 161-62.
[7]Ibidem.
[8]Ibidem, p. 163.
[9]Ibidem, p. 163-64.
[10]Ibidem, p. 164-65.
[11]Ibidem.
[12]Sheikh Hasanayn Makhluf was born on May 6, 1890 in Bab al-Futuh, Cairo. He learned the Qur’an by heart and joined al-Azhar as a student to learn different sciences at the hands of various Sheikhs. Sheikh Hasanayn Makhluf then joined the school of the Qada’ Shar‘i (Shar‘i Jurisdiction), which was affiliated to al-Azhar at that time. After finishing the program of study in this school which lasted for four years he applied for the examination to obtain al-‘Alimiyya Certificate and successfully obtained this in 1914. When he was 24 years old he taught in al-Azhar voluntarily. In June 1916 he was appointed qadi in the Shari‘a Court, reaching the position of President of Alexandria court at the end of 1941. He was then appointed Head Supervisor of the Shari‘a Courts at the Ministry of Justice. Later on he was deputized to teach in the Specialization section (qism al-Takhassus) of the school of Shar‘i Jurisdiction for three years, until he was appointed as a deputy of the High Shari‘a Court in 1944. In 1948 he was appointed a member of al-Azhar Corps of High Scholars, then a member of the Academy of Islamic Researches in 1961. He was one of the founding members of the Muslim World League. Sheikh Hasanayn Makhluf was appointed as chief Mufti of Egypt from 1946 to 1950. In 1952 he was reappointed as Mufti and remained in office until December 19, 1954. Afterwards he held the position of the head of al-Azhar Fatwa Committee for a lengthy period. He was awarded the King Faysal World Prize for his services to Islam. He died on 19 Ramadan 1410 /1990. Sheikh Hasanayn Makhluf wrote many books, for instance, Kalimat al-Qur’an: Tafsir wa Bayan; Risalat al-Tafsir wal-Mufassirun; Risala fi Ta‘alim al-Shari‘a al-Islamiyya, and Fatawa Shar‘iyya wa Buhuth Islamiyya. This biography is basically based on Mohsen Khalifa, “Ramadan Fasting in Northern Europe: A Study of the Fatwa of Sheikh Hasanyn Makhluf and other Relevant Fatwas and Issues”, Unpublished paper submitted to the Seminar “Islam and the West: Their mutual Relations as Reflected in Fatwa Literature”, 2000.
[13]Makhluf, Muhammad Hasanayn, Risala fi Hukm Tarjamat al-Qur’an al-Karim wa-Qira’atihi wa-Kitabatihi bi-ghayr al-Lughati al-‘Arabiyya, Matba‘at Matar, Cairo, 1343/1925, p. 2.
[14]Ibidem, pp. 7-9.
[15]Ibidem, pp. 9-10.
[16]Ibidem, p. 10.
[17]Ibidem, pp. 11-12.
[18]Ibidem, pp. 14-15.
[19]Ibidem, p. 25.
[20]Ibidem, pp. 20-21.
[21]Ibidem, p. 29.
[22]Ibidem, pp. 28-29.
[23]Sheikh al-Maraghi, whose full name was Muhammad b. Mustafa b. Muhammad b. ‘Abd al-Mun‘im al-Maraghi, was an Egyptian researcher and commentator who advocated reform and renovation. He was born in 1298/1881 in al-Maragha, a village in Upper Egypt, in the district of Jirja. He studied at al-Azhar in Cairo and was a disciple of Sheikh Muhammad ‘Abduh. He was appointed a qadi shar‘i (Shari‘a judge), then a chief justice in Sudan (1908-1919) where he learned English. In 1928 he was appointed Grand Sheikh of al-Azhar and remained one year in office. He was reappointed a Grand Sheikh in 1935 and remained in office until he died in 1364/1945. Among his writings are: Bahth fi tarjamat al-Qur’an al-Karim ila al-Lughat al-Ajnabiyya, Buhuth fi al-Tashri’ al-Islami, al-Durus al-Diniyya, Tafsir surat al-Hujurat,etc. For this biography I relied on Khayr al-Din al-Zirikli, op.cit., vol. 7, p. 103.
[24]Maraghi, Muhammad al-, Bahth fiTarjamat al-Qur’an al-Karim wa-’Ahkamuha, Matba‘at al-Ragha’ib, Cairo, 355/1936, pp. 3-4; cf. Shatibi, al-Muwafaqat, ed. ‘Abdallah Diraz, vol. II, Dar al-Ma‘rifa, Beirut, n.d., pp. 66-68.
[25]Maraghi, op.cit., p. 5; cf. Shatibi, op.cit., p. 68.
[26]Maraghi, op.cit., p. 5.
[27]Zamakhshari, Al-Kashshaf, vol. 2, Matba‘at Mustafa al-Baabi al-Halabi wa-Awladuh, Cairo, n.d., pp. 366-67; cf. A. L. Tibawi, “Is the Qur’an Translatable?” in The Muslim World, vol. LII, 1962, p. 10.
[28]Ibn Hajar al-‘Asqalani, Fath al-Bari, ed. Muhammad Fu’ad ‘Abd al-Baqi & Muhibb al-Din al-Khatib, Dar al-Ma‘rifa, Beirut, 1379, vol. 9, p. 10; cf. Maraghi, op.cit., p. 33.
[29]I‘jaz literally means ‘rendering incapable’ and theologically it means the inimitability of the Qur’an. This is an Islamic doctrine, which, according to the Muslim viewpoint, proves the Qur’anic text’s divinity and sacredness as well as the authenticity of the unlettered Prophet, the recipient of the Qur’anic revelation (Muhammad Harun, “Al-Fatihah and its Translators” in Islamic Quarterly, vol. 40, 1996, p. 70).
[30]Maraghi, op.cit., p. 9.
[31]Ibidem, pp. 9-11.
[32]Ibidem, p. 10.
[33]Ibidem. p. 12.
[34]Ibidem. p. 31-32.
[35]Mahmud Shaltut was born on April 23, 1893 in the province of Buhayra. After learning the Qur’an by heart, he was enrolled in 1906 at the new religious Institute of Alexandria for his primary and secondary stages of education. In 1916 he graduated form al-Azhar with his ‘Alimiyya certificate. In 1919 he supported the independence movement led by Sa‘d Zaghlul and in the same year he was appointed to teach at the Alexandria Religious Institute. In 1937 he represented al-Azhar at an International conference on comparative law held at The Hague, The Netherlands. There he gave a lecture on the nature of Islamic law which was well received and which won recognition for the Shari‘a as a viable and independent source of law from the delegates. In 1941 he was admitted to Jama‘at Kibar al-‘Ulama’ and in 1946 he was chosen a member of Arabic Language Academy. His academic career went from strength to strength until he was appointed on October 21, 1958 Grand Sheikh of al-Azhar following the resignation of Sheikh ‘Abd al-Rahman Tajj. Shaltut was then 65 years old. Of course, Shaltut was a very popular choice for the position of Sheikh al-Azhar. He was described by several people as a gifted orator, having a powerful voice and a commanding presence. On 25 November 1963, at the age of 70, Shaltut was taken into hospital. There his condition worsened, he died of a heart attack in the evening of 13 December 1963. This biographical sketch is mainly based on Zebiri, Kate, Mahmud Shaltut and Islamic Modernsim, Clarendon Press, Oxford, 1993, pp. 11-15.
[36]Mahmud Shaltut, “Tarjamat al-Qur’an wa-Nusus al-‘Ulama’ fiha” in Majallat al-Azhar, vol. 7, 1355, pp. 123-34.
[37]Ibidem, p. 123.
[38]Ibidem, pp. 124-25.
[39]Ibidem, pp. 126-29.
[40]For further information see: Jacob Skovgaard-Petersen, Defining Islam for the Egyptian State, Brill, Leiden, New York & Köln, 1997, pp.133-141.
[41]Ibidem, pp. 130-31.
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Elizabeth Martinez - Ph.D. - Organizational Psychology. Provides you with a deep level of insight into your career direction and career development.
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There is a lot of false information regarding bankruptcy. Here is a list of the most common myths we’ve encountered. Please consult with reputable San Francisco bankruptcy attorneys before deciding bankruptcy is not a viable option for you.
1. My employer will find out and fire me, or my potential future employer will not hire me because I filed for bankruptcy.
Discrimination solely because you filed for bankruptcy is prohibited under the U.S. Bankruptcy Code.
2. I have to be broke or behind on my bills to file bankruptcy.
No. Do not wait until you’ve drained out your savings, or 401(K), or borrowed more money from relatives and friends. Consult with a bankruptcy attorney right away if you do not see a way out of your current financial situation.
3. Bankruptcy is not affordable.
Most bankruptcy attorneys have payment plans. In general, you will be advised to stop all credit card payments, which will free up money for fees. In Chapter 13, most of the fees are paid through the plan payments.
4. I will lose my home.
In Chapter 7, as long as you are current on your payments, you can keep your home. In California, there is a homestead exemption up to the following amounts:
(1) $50,000 is single debtor.
(2) $75,000 if debtor is family unit.
(3) $150,000 if debtor or spouse is at least 65 years old, disabled, or if annual income is less than $15,000 or $20,000 if married.
Bankruptcy is reported on your credit report for 10 years. This does not mean you cannot get credit for 10 years. Chances are you already have bad credit. Most credit scores will go up after filing bankruptcy, usually do to the debt-to-income ratio improving.
6. I will never get a home, an apartment or car.
People do rebuild their credit after bankruptcy and go on to buy homes and/or cars. Your credit score may actually increase after bankruptcy, especially since bankruptcy will have a positive effect on your debt-to-income ratio.
7. You can’t go bankrupt anymore since the new law.
The 2005 Reform Act made it more difficult to file for bankruptcy, but it is still possible. Consult with a consumer bankruptcy to determine if you qualify.
8. The new law says you have to pay everything back.
In Chapter 7 bankruptcy, debts are wiped out with the exception of certain taxes, child support/alimony and student loans.
9. It will be in the newspaper.
No. Your bankruptcy filing will not be publically displayed or announced in a publication. However, it is public information, and anyone that wants to can go to the Bankruptcy Court and request your file. Additionally, the information is available on a Federal Bankruptcy database but to access it, you must have an account.
10. I hear “you can’t go bankruptcy on credit cards any more”.
Not true. Credit cards are unsecured debts and will generally be discharged by bankruptcy.
11. After you take a credit counseling course you must wait 6 months before you can file a bankruptcy.
Credit counseling must be completed within 6 months of filing bankruptcy. Check with the US Trustee’s Website for authorized Credit Counseling courses.
There is no waiting requirement after completing credit counseling to file for bankruptcy.
12. If I file for bankruptcy I’m a failure.
Plenty of famous and successful people have filed for bankruptcy. Ask yourself, can I be more productive and successful if I did not have this debt?
13. There’s a secret way to make your creditors accept a fraction of the debt.
It is true that oftentimes credit card companies will offer to settle on stale debts. However, creditors may (and often do) sue you. Unless you have a valid defense for the lawsuit, you will most likely lose the case. They can get a judgment against you and garnish your wages or put a lien on your property.
Assuming they do settle, what the creditors and debt settlement companies don’t tell you is this: the amount forgiven will be considered income to you and you will be taxed on the amount forgiven. It’s better to owe your credit card money than the IRS because you can discharge the credit card debt in bankruptcy much more easily!
14. I’ve hired a debt settlement firm to help me pay off all of my debts at a deep discount in 3 years or less and now I won’t have to file for bankruptcy.
See #14. Debt settlement firms aren’t lawyers. There is nothing they will or can do for you should your creditors decide to sue you. Additionally, creditors do not have to settle with you at all! Most of the time, the debt settlement companies will keep most of the money for themselves, leaving little for the actual settlement. They can’t do anything for you that you can’t already do for yourself – not pay your creditors then work out a settlement.
If you do decide to hire a debt settlement company, please be sure to check with the Attorney General office of the state the company is located. There are lots of warnings issued by governmental agencies regarding the dangers of hiring a debt settlement companies.
15. My friend told me as long as I am going bankrupt I might as well max out my credit cards and use up what is left.
Accumulating debt with an anticipation of filing for bankruptcy may be considered fraud. Bankruptcy is for the unfortunate but honest debtor.
16. I should “leave one card out” of the bankruptcy.
ALL debts must be listed on the bankruptcy petition. Everyone you owe money to must be listed. This includes friends and families.
17. “But my credit score will go down!”
See #5. Ask yourself, what will it take for me to get out of debt? Use this calculator to figure it out. Most people continue to make the minimum payments not realizing the amount of money it will actually take to get out of debt. Do not make the mistake of getting trapped in the cycle of making minimum payments – never being able to live debt free.
18. I’ll never get credit again, or another, I won't be able to get credit for 7 years
After filing for bankruptcy, your debt-to-income ratio improves. This will help your credit score. Additionally, you cannot file again for 8 years (in case of Chapter 7) so you’re actually a “safe bet” for the creditors.
19. Bankruptcy does not apply to certain creditors like Bank of America.
Bankruptcy applies to Bank of America as well as all other banks. Generally, all unsecured debt will be discharged in a Chapter7. In Chapter 13, the amount you pay back will depend on your payment plan.
USD forum draws intense feelings on immigration
Benno Wymar learned that illegal immigration strikes a nerve in Vermillion, even though the city lies nearly 1,500 miles from the Mexican border. “I was putting up a poster for (Wednesday’s) forum, that said, ‘Too Many Immigrants?’” the retired University of South Dakota professor said. Temp Agency - Employment Staffing - Dallas Houston Texas
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Religious Degree Scams: Fraudulent, Substandard & Illegal Degrees
The prevalence of fraudulent, substandard, and illegal diplomas and degrees is an ever-increasing problem in the United States.
The United States Congress has found that the safety of the American public is particularly endangered by the sale of fraudulent degrees, and that the preeminence of the United States in science and engineering, as well as the prestige and reputation of American universities, is threatened by the trafficking of fraudulent degrees, diplomas, and certifications. (109th Congress, 2006)
Religious and theological degrees and other degrees from religiously affiliated institutions are some of the most commonly issued fraudulent, substandard and illegal credentials. The reason for the prevalence of fraudulent religious and theological degrees is the fact that anyone can incorporate a “church” by registering as a non-profit organization within a state. This “church” can then claim that its bylaws grant it the authority to issues certifications and degrees. Unfortunately many innocent people seeking a religious education fall victim to these “churches” issuing “degrees” that aren’t worth the paper the phony diploma is printed on.
These organizations issuing fraudulent and substandard religious degrees often claim that their action is protected by the First Amendment of the U.S. Constitution and guarantees of religious freedom. Simply put this is not the case. Religiously affiliated institutions are not exempt from state oversight under the First Amendment, nor do they gain the privilege of issuing fraudulent, substandard, and illegal degrees under protection of the Religious Freedom Restoration Act.
As an example of this, the Texas Attorney General has issued an opinion (JC-0200) that the Religious Freedom Restoration Act does not exempt religiously-affiliated institutions from the requirements under the Texas Education Code (Chapter 61, Subchapter G). The statute does not regulate any religious practice. Institutions that have a religious affiliation are free to exercise their religious beliefs. The law is written to regulate very narrowly those activities that are academic only, such as representations that the instruction is college level or that the student can receive a degree, and not to impinge on any religious practice or belief. In addition, institutions that do not wish to meet the academic standards of a higher educational institution are free to teach and prepare students for ministry positions as long as they do not assert that the level of their education is collegiate, either by offering degrees or calling the institution a college, university, or seminary. (Texas Higher Education Coordinating Board, 2007)
Unaccredited, religiously affiliated institutions are free to teach their religious doctrine as they see fit, but they may not legally represent themselves as colleges, universities, or seminaries; nor may they issues degrees or titles associated with degrees.
RELIGIOUS VS. ACADEMIC DEGREES
A commonly heard claim from institutions issuing fraudulent, substandard or illegal religious degrees is that there is a difference between a religious and an academic degree, and that the rules that govern academic degrees simply don’t apply to the issuance of a religious or theological degree.
We have already seen that in the opinion of the Texas Attorney General religiously-affiliated institutions are NOT exempt from meeting the requirements of the Texas Education Code, but what about legitimate religious schools and theological seminaries, how do they view their own degrees?
Of the 251 religiously based colleges, universities and theological seminaries currently recognized by the 'Association of Theological Schools in the United States and Canada' and by the Council for Higher Education Accreditation (CHEA) all maintain an academic curriculum and structure and (based on a study of their web-sites and publications) consider their degrees to be an "academic degrees."
The on-line encyclopedia 'Wikipedia' is a continually reviewed updated and reference source which can be edited by anyone. Wikipedia articles offer insight into the general public perception of a topic. When we look at the Wikipedia entries for Doctor of Theology and Doctor of Divinity we see that they are both defined as "academic degrees:
• "Doctor of Theology (in Latin Theologiae Doctor, abbreviated Th.D.) is a terminal academic degree in theology." - (http://en.wikipedia.org/wiki/Doctor_of_Theology)
• "Doctor of Divinity (D.D., Divinitatis Doctor in Latin) is an advanced academic degree in divinity." - (http://en.wikipedia.org/wiki/Doctor_of_Divinity)
Clearly every legitimate theological seminary and college or university offering a theological program considers an academic curriculum and structure essential to their degrees, and the public impression of religiously based degrees is that they are in fact academic degrees.
One should be extremely wary of any entity that issues degrees with no academic curriculum or structure, claiming that its religious nature somehow exempts it from any academic standard or requirements. Such an entity is almost certainly issuing fraudulent and illegal degrees, or at best is issuing a substandard degree that confers no qualification or legitimate credential whatsoever, and may in fact be illegal to use in many states.
WARNING SIGNS
One should be particularly aware of degree scams that offer you credit for your life experience and current spiritual work, giving you an immediate doctorate degree in divinity, theology, or ministry all for a few hundred dollars and perhaps requiring a short paper of no more than a couple thousand words.
Another warning sign that an institution is issuing fraudulent, substandard, or illegal degrees is if they make it a point to explain why their degrees are “bonafide legitimate doctorate degrees.” While a truly legitimate college or university will normally identify its accreditation it is highly unlikely that it will have to stress why its degrees are “bonafide and legitimate”. Only an institution issuing fraudulent degrees needs to attempt to convince you of their legitimacy.
It is important to confirm the physical address of any school before you enroll. A legitimate college, university, or seminary will have a physical business address, even if it is set up to provide only on-line study. Any institution using a mail drop address is almost certainly issuing fraudulent and illegal degrees. You should be able to visit the institution that will grant your degree. If the offices of the college, university, or seminary are a back room or basement in somebody’s home, the degree is almost guaranteed to be substandard, and is most likely being illegally issued.
As we continued to look into the issue of addresses, we discovered that it is a violation of Federal law to use the Postal Service in conjunction with a business and request to be addressed by, any fictitious, false, or assumed title.
“Whoever, for the purpose of conducting, promoting, or carrying on by means of the Postal Service, any scheme or device… or any other unlawful business, uses or assumes, or requests to be addressed by, any fictitious, false, or assumed title, name, or address or name other than his own proper name, or takes or receives from any post office or authorized depository of mail matter, any letter, postal card, package, or other mail matter addressed to any such fictitious, false, or assumed title, name, or address, or name other than his own proper name, shall be fined under this title or imprisoned not more than five years, or both.” (18 U.S.C. 1342)
Beware of any institution that offers a ‘one-time only tuition cost to you:’ ‘each doctorate degree is only $$$, get a second degree at half-price, $$$’, or any similar come-on where you simply purchase your degree for a flat fee.
According to the Federal Trade Commission (2005) “Most diploma mills charge a flat fee, require little course work, if any, and award a degree based solely on work or life experience.”
The Texas Higher Education Coordinating Board (2007) cautioned that one of the warning signs that an institution may be offering fraudulent or substandard degree is charging "tuition and fees by the degree and not by the course. Whether charging $299 or $29,000, this is a sign of fraud. Legitimate colleges charge tuition by the credit hour (semester, quarter, or trimester) or by the course. Not all fraudulent or substandard institutions charge by the degree; some charge by the credit hour in order to appear legitimate. However, legitimate institutions do not charge by the degree."
The Oklahoma State Regents for Higher Education advises: when considering a degree provider, an answer of "yes" to one or more of the following questions may be an indicator of a diploma mill.
• Can degrees be purchased?
• Is there a claim of accreditation when there is no evidence of this status?
• Is there a claim of accreditation from a questionable accrediting organization?
• Does the operation lack state or federal licensure or authority to operate?
• Is little if any attendance required of students, either online or in class?
• Are few assignments required for students to earn credits?
• Is a very short period of time required to earn a degree?
• Are degrees available based solely on experiences or résumé review?
• Are there few requirements for graduation?
• Does the operation fail to provide any information about a campus or business location or physical address and rely only on a post office box?
• Does the operation fail to provide a list of its faculty and their qualifications?
• Does the operation have a name similar to other well-known colleges and universities?
• Does the operation make claims in its publications for which there is no evidence?
While it is not possible to list every institution engaged in a degree scam or issuing fraudulent, substandard, or illegal degrees; the state of Michigan maintains a list of schools that have been found to be most egregious in their issuance of fraudulent degrees.
Degrees from any entity on this list will not be accepted by the Michigan Department of Civil Service as satisfying any educational requirements or job specifications. Even if you don’t live or work in Michigan, any institution on the Michigan list is highly questionable, and would most likely be found fraudulent, substandard, or illegal if investigated by any other state.
The state of Maine maintains a similar list on-line at: http://www.maine.gov/education/highered/Non-Accredited/UnaccreditedSchools-112706.pdf
The state of Oregon is a leader in the fight against fraudulent, substandard and illegally issued degrees. Oregon maintains a list of entities issuing invalid degrees on-line at: http://www.osac.state.or.us:80/oda/unaccredited.aspx.
In addition to checking the Michigan, Maine and Oregon lists of unaccredited institutions, one should also check the Council for Higher Education Accreditation (CHEA) - Database of Institutions and Programs Accredited by Recognized United States Accrediting Organizations, on-line at: http://www.chea.org/search/default.asp and the U.S. Department of Education Database of Accredited Postsecondary Institutions and Programs (USDE) on-line at: http://www.ope.ed.gov/accreditation/.
The CHEA and USDE databases list institutions that are recognized as having met certain standards in their education programs.
While being listed in the CHEA or USDE database doesn’t guarantee that a degree will be suited to any specific purpose, an institution that issues degrees and is not listed in either one these databases is at best highly questionable.
STATE HIGHER EDUCATION BOARDS
Next, contact the higher education board in the state where the “degree-granting institution” is located and get the board’s opinion of the institution in question. Every state has some type of governing body for higher education. When considering enrolling in any college, university, or seminary, where there may be a question about its legitimacy, it pays to contact the governing body for higher education in the state in which the institution is located and ask whether that institution is recognized by the state and whether the degrees they issue are legitimate.
At the time this article was written the U.S. Department of Education maintained a list of State Higher Education Agencies on-line at:
Several states are beginning to recognize the problem of fraudulent, substandard, and illegally issued degrees and are passing laws to combat this crime.
Currently it is illegal in North Dakota, New Jersey, Texas, Nevada, Washington and Maine to use unaccredited degrees. It is illegal in Indiana to use an unaccredited doctorate. Other states are considering laws to protect their citizens from diploma mills and substandard degrees.
In Washington State, issuing a false academic credential is a class C felony; and knowingly using a false academic credential is a gross misdemeanor. (RCW 9A.60.070)
Florida Statute 817.567 -- Making False Claims of Academic Degree or Title.-- provides that no person in the state may claim, either orally or in writing, to possess an academic degree, as defined in s. 1005.02, or the title associated with said degree, unless the person has, in fact, been awarded said degree from an institution that is: (a) Accredited by a regional or professional accrediting agency recognized by the United States Department of Education or the Commission on Recognition of Postsecondary Accreditation... [or run by a state or by the Federal government, or for schools outside the U.S. has been validated by an accrediting agency approved by the United States Department of Education as equivalent to the baccalaureate or post-baccalaureate degree conferred by a regionally accredited college or university in the United States...]
and
(2) No person awarded a doctorate degree from an institution not listed in subsection (1) shall claim in the state, either orally or in writing, the title "Dr." before the person's name or any mark, appellation, or series of letters, numbers, or words, such as, but not limited to, "Ph.D.," "Ed.D.," "D.N.," or "D.Th.," which signifies, purports, or is generally taken to signify satisfactory completion of the requirements of a doctorate degree, after the person's name.
LIFE EXPERIENCE & QUALIFICATIONS
According to Roger H. Schmedlen (2006), writing in the Michigan Lawyers Weekly, “Some unsophisticated would-be experts may truly believe it is possible for them to obtain a legitimate degree without attending classes or performing any study activity--simply by using credit from lifelong career experience. . . . It isn't!”
The Texas Higher Education Coordinating Board warns that another of the warning signs of fraud is an institution that “offers to grant a degree or generous amounts of credit for life experience. Claims that one can receive a complete degree for one's life experience are a sure sign of fraud. Calculating credit awarded by years of service in a particular job or function is also a sign of fraud. Legitimate colleges that award credit for life experience require extensive evidence that the experience is the equivalent of coursework taught at a college. The average legitimate award by that means will be approximately 12 to 18 semester credit hours (about one semester). Many students who are assessed receive no college credit.”
While one should understand that no legitimate accreditor enforces any particular theological understanding, doctrine, or theology; it is just as important to understand that states have a responsibility to ensure that the public is not put at risk by fraudulently issued degrees and credentials. Ask yourself whether you would trust a medical doctor who received an immediate medical degree based on life experience. Would you trust a psychiatrist whose degree was based on a 4 to 8 page paper? No? Well, if you will not trust your physical and mental health to a person with a fraudulent or substandard degree, why would you trust someone with this type of degree to guide you in your spiritual and religious well-being?
John Bear (2007) offers an emphatic warning concerning fraudulent degrees: “We must warn you, as emphatically as we can, that it is very risky to buy a fake degree or to claim to have a degree that you have not earned. It is like putting a time bomb in your resume. It could go off at any time, with dire consequences. The people who sell fake degrees will probably never suffer at all, but the people who buy them often suffer mightily. And -- particularly if their "degree" is health-related -- their clients may be seriously harmed.”
We consider a religious degree to be health-related in any case where the degree-holder is involved in offering counseling or spiritual guidance. One’s spiritual health is just as important as one’s physical, mental and emotional health.
CONCLUSION
Fraudulent, substandard, and illegal degrees endanger the safety of the American public. Persons who use a fraudulent, substandard, or illegal degree and provide health-related services, to include counseling, providing life-skills and religious guidance or therapy, put the physical, mental, emotional and spiritual health of their clients at serious risk.
Using a fraudulent, substandard, or illegally issued degree is likely to have dire consequences for the person who uses it, both in employment and licensing issues and in matters of trust and integrity. It is in fact illegal in several states to use an unaccredited, fraudulent, substandard or illegally issued degree.
A serious question should arise in regard to any individual’s integrity and competence, who claims a fraudulent, substandard, or illegally issued degree regardless of any other credentials or experience that person may possess.
FOOTNOTES
109th Congress - Diploma Integrity Protection Act of 2006 - H.R. 6006 http://thomas.loc.gov/home/gpoxmlc109/h6008_ih.xml
Association of Theological Schools in the United States and Canada
Federal Trade Commission, “Facts for Business Guide on Avoiding Fake Degree”, February 1, 2005 on-line at: http://www.ftc.gov/opa/2005/02/diplomamills.shtm
Oklahoma State Regents for Higher Education - http://www.okhighered.org/student-center/college-stdnts/academic/diploma-mills.shtml
Religious Freedom Restoration Act (42 U.S.C. § 2000bb (1993)
Schmedlen, Roger H. CPP, CFE, CII, MIPI - Michigan Lawyers Weekly, “Doctor Who? Avoiding Fraudulent Opinion Experts”, April 24, 2006 Edition; on-line at: http://www.securityexpertonline.com/fraudulent_security_expert_article.htm
[mage lang="" source="flickr"]employment law medical marijuana[/mage] Why is the initial cut off level for thc 50 ng/ml, but 100 ng/ml for employment screening in Hawaii?
Why are people in Hawaii able to have more thc in their system (100 ng/ml vs. 50 ng/ml) when they are screened for employment ? If this was a law passed by the state, why is it permitted by the federal government while they deny the ability of the states to permit medical marijuana?
Some areas (Like those where hemp was once grown to support war efforts in WWII) have had difficulty eradicating the crop from the wild despite spraying. Many times the fields have to be burned. In some places in Arkansas. Mississippi, and some tropical areas where it once and still does grow wild they have to raise the level allowed for employment because of the possibility of "environmental exposure". Now typically a state can set the limit of a drug LOWER than the limits allowed federally, but not HIGHER, unless there is just cause and the federal statute has exceptions.
With newer pesticides and herbicides many of these states "exceptions" are disappearing.
DEA Busts Marijuana Growers, Blames Seattle Garden Suppliers
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[mage lang="" source="flickr"]employment law online advice[/mage] I'm looking for legal/professional advice. What are the steps in forming a freelance part-time company?
I'm looking to start a freelance illustration company. I have a full time employment, but wish to get my illustration company up and running, part-time only. It would only be one employee, myself. I need to find any information as to what steps to take in regards to IRS, New Jersey law. As my business will be an online service.
Given the potential legal liabilities that could be tied to an illustration company, copyright infringement being one of them, it would be prudent for you to incorporate your business. Incorporating your business will afford you some measure of protection to your personal assets if someone should sue your business. You will need to file a certificate of incorporation or you can incorporate online with New Jersey at https://www.state.nj.us/cgi-bin/treasury/revenue/dcr/filing/page1.cgi
After incorporating, the next step is to get a federal tax ID number for the corporation (called an Employer Identification Number) from the IRS by applying at https://sa2.www4.irs.gov/modiein/individual/index.jsp
After that you are going to want to make what is known as an S-election for your corporation with the IRS within 75 days of your incorporation. The form to make the election can be found at http://www.irs.gov/pub/irs-pdf/f2553.pdf and the instructions can be found at http://www.irs.gov/pub/irs-pdf/i2553.pdf
You will want to make a corresponding election with New Jersey. The form and instructions can be found at http://www.state.nj.us/treasury/revenue/sub-s.pdf
What these elections do is prevent you from having your income taxed twice, once as corporate income and a second time as personal income and/or dividend income when you transfer income from the corporation to you. Instead it gets treated as a disregarded entity and your income is only taxed once on your personal income tax return.
Even with this general outline, it may be confusing for you to navigate the entire process on your own. You may want to consider having an attorney handle the process for you.
Good luck.
Marc Tow from www.TowLaw.com a Real Estate Attorney
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[mage lang="" source="flickr"]employment law message board[/mage] Is it a contravention of employment law to post a religious message on a company bulletin board?
I'm referring to a bulletin board used to post company announcements in a business. It's not a government entity, but a division of a publicly traded company.
Too many variable to decide. If this bulletin board is government property and dedicated to government business, then it would be a misappropriation of government property to use this bulletin board for personal business like social or religious reasons. If it's a privately owned business, then the law prohibits discrimination in employment, promotions, and so on, but I'm not aware of any law forbidding either management or employees from using the bulletin board to announce church services, post Biblical quotes, or otherwise use it for personal/religious purposes. However, it is perfectly possible that the employer may have forbid using the bulletin board for any purpose not directly related to carrying out that employer's business.
If someone is appropriating company property for religious reasons, and this is affecting your job performance (or the company's bottom line), then contact your corporate ethics office anonymously. I doubt if there are any laws broken by such a message though.
Recovery Act Accountability and Transparency
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asserts, disabled people globally "continue to be disproportionately unemployed, underemployed and underpaid…" This assertion is reflected in, for instance in the focus of the British Government's proposal to tackle oppression of disabled people on the work place (Barton and Oliver, 1997). The British Government cut back on the Access to Work scheme and the disabled people's organizations fought that decision asserting that the right to a job is a fundamental human right (Barton and Oliver, 1997). Such challenges for access to jobs by disabled people appear to have become common in many countries. Hence in 1983, the International Labour Organization adopted a Convention Concerning Vocational, Rehabilitation and Employment (Disabled Persons) (ILO, 1983) to ensure equality of opportunities and equalization of treatment of disabled people at work and social integration. However, despite much effort at the global level to include disabled people in the work world, at the local level, some would continue to be excluded by their impairments because some tend not to be capable of producing goods or services to contribute to the social and economic capital base. To this, Barton and Oliver (1997;35) comment that this is so "because in any society........certain products are of value and others are not regardless of the efforts that go into their production."
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