[mage lang="" source="flickr"]employment law degree london[/mage] I'm 29 and about to graduate with a 2:2 law degree from Birkbeck, University of London...?
I'm a bit disappointed.
I am working almost full time - 2 half days as a nanny, and 3 days as an admin at a charity organisation (with no employment contract even though I've been there now for 2 years). I had billion problems at home with my hubbie and trying to fit in the evening LLB course wasn't easy. I only achieved a 2:2... I did not really have time to apply for training contracts or do summer placements. I assume my application won't even be looked at now when I am a graduate with lower second class degree and no law experience...
I speak a couple of foreign languages - Turkish, Bulgarian and some informal Russian. My only office experience is at this charity org. I do have a degree in Turkish Philology (obtained in Bulgaria). I am experienced with children but am not excited about a job in child care.
Where do I go from here is the question, I guess...
I'd have you first try to get a job with a law firm or organization who deals with legal matters, and which does work with peoples from the regions in which you speak the language. They'd be most likely to value your entire set of skills. So, for example - a UK governmental or non-governmental organization that deals with immigrant issues, a law firm who deals with immigration, etc.
Use the career resources available to you via Birkbeck, and the rest of the University of London.
Make sure your old professors know you're looking.
In my opinion, it's not your 2.2 that's your main issue. It's the lack of training/work placements. Did they not speak to you about the importance of that in your field? To try to make up for that being missing, see if you can do some volunteer work related to the law, for a charitable organization. This counts as work experience. I know you're an admin for a charity now - time to move beyond that, either with your current org or elsewhere.
Continue looking for a job in law, and add that charity legal experience to your CV as soon as you start it. It's going to help you re: employment.
Goodwill warns fake donation bin scam is feeding 'billion-dollar for-profit industry'
"One year's work by one outfit brought in about $58 million," says Goodwill official.
[mage lang="" source="flickr"]nc employment law personnel file[/mage]
Assisted Living Litigation: Considerations in Pursuing Relief for Those Neglected and Abused
Assisted living facilities are rapidly becoming the nursing homes of the future. According to the National Center for Assisted Living, there are over 36,000 licensed assisted living facilities nationwide with an estimated 1 million residents.[1] However, because there is no common definition for assisted living facilities, this number may not adequately reflect the prevalence of these facilities. In fact, in 2002 the National Conference of State Legislatures hailed the assisted living market as one of the fastest growing long-term care options for senior citizens; the number of seniors in assisted living facilities receiving Medicaid benefits has grown nearly 50% over the past few years.[2]
These facilities tend to aggressively market and recruit residents, many times promising staffing levels or services that, in reality, are not available.[3] In an attempt to compete with nursing homes, assisted living facilities are accepting patients with higher acuity. Most major chains promote special Alzheimer’s Disease Units, and are accepting patients with significant cognitive impairment. The reality is that many of these facilities have staffing that is inferior to the staffing levels present in nursing homes and simply cannot meet the needs of the higher acuity residents. The end result is that residents throughout the county are suffering from serious injuries due to the neglect and abuse that is taking place in these facilities.
A. Assisted Living v. Nursing Home Care
Assist living abuse and neglect cases and nursing home abuse and neglect cases are similar in some respects, i.e., both involve supervision and care of the elderly, but evaluating the assisted living case involves a greater perception of the differences in the two types of facilities.
1. Standards of Care. The litigation of assisted living abuse and neglect cases, like the litigation of nursing home abuse and neglect cases, can be an effective tool in forcing the industry to comply with proper standards. However, since most states have weak regulations, it often becomes difficult to establish the legal standard of care for a particular facility. Many times a plaintiff may have to fall back on basic community practice nursing standards that will apply when an assisted living facility contracts to provide more than just room and board.
Nursing homes are highly regulated and must comply with the regulations set forth in the Omnibus Budget Reconciliation Act (“OBRA”) of 1987[4] (otherwise known as the federal Nursing Home Reform Act) which set minimum standards of care for long term care facilities that receive federal funding. Unlike nursing homes, assisted living facilities are not regulated by the federal government, and the state regulations that do exist are inconsistent and, for the most part, not aggressively enforced.
When considering the basis for liability, one must consider whether the assisted living facility breached regulatory or community practice standards in admitting the resident whose needs may have been too great to be met by the assisted living facility. Many assisted living facilities, especially those with “Specialized Alzheimer’s Units” are accepting residents with advanced dementia who would normally be admitted to a nursing home, and possibly even a skilled wing of the nursing home. In such cases, it would be advisable to obtain an expert who will evaluate the resident’s condition and the relevant admission criteria. Such an evaluation will likely be beyond the abilities of a lay person, although many admissions decisions in assisted living facilities are being made by non-medical personnel.
Almost all states prescribe some limitation on who can be admitted into an assisted living facility. For example, Virginia regulations prohibit adult care facilities from admitting or retaining patients with a variety of conditions, including ventilator dependency, dermal ulcers stages III and IV, those requiring intravenous therapy or injections directly into the vein, nasogastric tubes, and those who require continuous licensed nursing care. 22 VA. ADMIN. CODE § 40-71-150 (West 2003). Other states contain similar limitations with prohibitions aimed at excluding patients with a demonstrated need for skilled or specialized care.[5] Assisted living facilities do not provide skilled care; consequently, they are uniformly required to screen patients to determine the level of care needed and reject patients whose needs exceed their capacity. State regulation of assisted living facilities is lax and, for the most part, ineffective. Only a few facilities in the Commonwealth of Virginia have been denied a license for regulatory noncompliance. It is the opinion of this author that weak regulatory enforcement is in part due to inadequate regulations that do not adequately specify industry standards.
2. Experts. To litigate a nursing home abuse and neglect case it almost always requires the use of medical experts who will define the standard of care and address breaches in the standards. As assisted living facilities are generally not considered health care providers, one may question whether an expert is necessary. This will obviously depend on the facts of your case. But in almost every case, at the very least, you will require an expert to establish causation and damages. Since many times injuries in assisted living facilities result in the patient requiring long term care in a nursing home, you may also want to consider obtaining a life care plan from a qualified expert.
Once you have obtained records, you should have the case reviewed by a nursing expert you can rely upon. Unlike nursing homes where there DON and Administrators are RNs, many of the nurses who work in the assisted living arena are LPNs and lack the background that you may be looking for in an expert. Finding talented nurse experts who are actively involved in assisted living care is a challenging task. This author has used the ATLA list serve, and random calling of facilities to locate qualified experts.
B. Evaluating the Assisted Living Case
1. Facility Records. The first step in assessing liability against an assisted living facility will be to obtain the records from the facility and the contract that was signed. The contract will likely define the duties undertaken by the facility. Most assisted living facilities have various levels of service. Level one might be the basic service which would include only room, board, meals and activities. Level four, or the highest level of service, might include resident assessment, care or service planning, medication administration, and dementia and nursing care. The standards applied by these facilities could be analogized to standards of care applied by a nursing home that was not providing skilled care.
2. Freedom of Information Act. In addition to obtaining the records, you will need to do a Freedom of Information Act request. This will help you identify the corporate entity that actually owns and operates the facility and may also allow you to see surveys or inspections that were done on this facility. The license should always be available, and may include information about the scope of services that the defendant facility is authorized to provide. Do not expect the surveys or inspection reports to contain the wealth of information that are available for nursing homes. Many times surveys are performed by the local Department of Social Services and do not include assessments of whether or not these facilities are complying with regulatory standards of care.
3. Case Review. The following are some factors to consider early on in deciding whether or not to prosecute an assisted living facility for negligence or abuse:
a. The nature of the resident’s condition upon admission. If she was mentally competent and independent with acts of daily living, you will confront significant problems with contributory negligence and comparative fault defenses.
b. The nature of the contract and duties assumed by the facility. If they only agreed to provide room, board, and meals, the defense will argue their duties are analogous to that of a landlord in an apartment building.
c. The quality of the relationship between the personal representative and the victim. If the victim is deceased, this may take on a greater importance as the nature of that relationship may define your damages under the applicable wrongful death act.
d. Whether the family members make good fact witnesses, appear genuinely outraged by the facility’s conduct, and complained and/or removed their loved one from the facility.
e. Whether the facility had serious staffing shortages or a pattern of neglecting their residents.
f. Did the victim suffer a significant injury in the facility that adversely affected the quality of her life for the future, or caused her death?
g. Do you have strong witnesses and powerful exhibits? Do you have an insider who is willing to blow the whistle on rampant staffing shortages? Do you have color photos of that pressure?
h. Do you have significant economic specials that are not encumbered by a Medicare or Medicaid lien?
i. Is the defendant a charitable organization, religious affiliate, or part of a large assisted living chain?
C. Theories of Liability
With weaker regulation, variety in industry standards, and market competition, it is not surprising that the U.S. General Accounting Administration, in 1999, identified problems in assisted living facilities that included inadequate or insufficient resident care, insufficient trained staff, improper medication administration, and not following admission and discharge policies required by state regulation. A 2000 study by the U.S. Department of Health and Human services found that a high percentage of the staff at assisted living facilities were not knowledgeable about the normal aging process and at least 60% of the staff did not know how to properly manage difficult behavior among assisted living residents.
Liability: Improper Admission. Many times, liability based upon an improper admission results when someone is admitted into a facility that is not locked down or enclosed. Many residents with dementia have a tendency to wander and they should simply not be admitted into facilities that are not locked down or do not have appropriate wander guard systems and/or alarms on the doors.
In Selvin v. DMC Regency Residence, Ltd., 807 So. 2d 676 (Fla. Dist. Ct. App. 4th Dist. 2001) a resident of an assisted living facility wandered off and was found dead in a nearby canal. Plaintiff’s complaint alleged two different theories of liability: the first was a statutory wrongful death action and the second was based on alleged violations of statutes relating to assisted living facilities. Plaintiff alleged that the facility had a common law and statutory duty to supply at least the level of services and care that all licensed assisted living facilities generally furnish elderly patients of the plaintiff’s decedent’s classification and condition. At the time of trial, plaintiff sought to introduce expert testimony about specific safety precautions that were the industry standard and further sought to show that the facility should have built a fence to prevent elders from wandering near the dangerous area of the canal. The trial court precluded this testimony, finding that the facility had no legal duty to fence off the canal to the general public. The Appellate Court reversed, finding that the facility undertook to furnish certain services of care and security which created such a duty of protection. The Appellate Court also held it was an error to exclude testimony regarding industry standards of what could have been done to protect these impaired residents from falling into the canal.
1. Liability: Falls. Another common area of liability in assisted living facilities involves falls. Expert testimony may not be required in such cases. See, Walker v. Southeast Alabama Med. Ctr., 545 So. 2d 769 (Ala. 1989).[6] However, fall assessment and fall prevention planning is usually done by a nurse or other medical provider and it may be advisable to have an expert address this issue. In large part, the need for an expert will be determined by the facts of your particular fall. If the staff simply dropped the resident during a transfer, an expert may not be necessary. However, if the resident came in to the facility with multiple risk factors for falling[7] which were never assessed or care planned and he fell one day while wandering the hallway, you should retain an expert to discuss how the standard of care for fall prevention was breached. To establish causation, she will have to testify that if appropriate standards were followed, it would have, more likely than not, prevented the particular fall which caused injury to plaintiff. As this is an area of first impression in many jurisdictions, it is advisable to educate the court with a trial memorandum addressing experts and other issues prior to trial.
D. Other Theories of Liability
Attorneys who prosecute assisted living facilities have an opportunity to be far more creative in the prosecution of these claims, given the broad range of theories that are available. Below are some typical theories that can be advanced against an assisted living facility.
1. Common Law Negligence. This is probably the most common theory of liability advanced in assisted living cases. Make sure you do not plead breaches in medical or nursing standards of care, or you may face the argument that you have pled a traditional malpractice case. You can plead the breach of regulatory standards and/or industry standards which proximately caused injury to your client. As assisted living facilities are not health care providers, they should not be subject to caps or other discovery limitations (i.e., quality assurance privileges) that apply to traditional health care providers.
2. Violations of the Consumer Protection Act. Make sure to inquire of your client what representations were made as an inducement to enter the facility. Obtain the brochures that were handed out by the marketing representative. Most consumer protection statutes provide relief for misrepresentations which were made as an inducement to enter into the consumer transaction. Case law has allowed such theories to be advanced even against health care providers, so there should be no reason that this theory could not be advanced against an assisted living facility.[8] The advantage is that many states’ consumer statutes allow for the recovery of costs and attorney’s fees.
3. Adult Protection Act. Most states have statutes that have been specifically enacted to protect the rights of elder Americans.[9] Some states, like Tennessee, specifically exempt health care providers from the application of such statutes.[10] As assisted living facilities are not health care providers, these exemptions should not apply.
4. Breach of Contract. Almost all assisted living facilities will make their residents sign a contract as a condition of admission. Scrutinize the contract carefully, as it may contain waivers of liability or waivers of the resident’s right to a jury trial. Such waivers can be asserted irrespective of whether one pleads a separate breach of contract claim. Under the laws of most states, contract damages will be limited to foreseeable economic damages, so it would be disadvantageous to plead this as your only theory of liability. However, the contract may have required that certain services be delivered to the resident (i.e., activities, assistance with acts of daily living, 24 hour supervision) which were not, in fact, provided. The resident may have suffered no physical injury from the failure to deliver such services and the defense will argue that such evidence should be excluded at the time of trial. With the contract theory properly pled, plaintiff can argue that such evidence is admissible to prove contract damages and recover monies for services which were not provided.
Be wary that the defense may argue that since plaintiff failed to quantify the extent of services that were not provided, any award of contract damages would be based on speculation. As such, you should make an attempt to have your client provide a good faith estimate in percentage terms as to what services were not provided. However, if you have a strong negligence claim based on a discreet event (i.e., a fall causing a hip fracture) you may not want to confuse the jury with a lot of collateral facts and issues that may not have a strong bearing on your damages.
5. Negligent Hiring and/or Retention. Consider this claim where you have intentional torts committed by an employee and some evidence that the defendants knew or should have known that this was a troubled employee. Many assisted living facilities don’t adequately screen their employees. This evidence may not be revealed until the discovery process begins and it is essential that you obtain the employee’s personnel file early on in litigation so you can amend your complaint if necessary. Depending on the tolling provisions of your individual claim, the cause of action may still relate back because it arguably arises out of the same set of operative facts. It is also a good idea to sue the employee individually. The same defense firm may represent both the employee and corporation, making it impossible to argue that the employee was not operating within the scope of his employment.
6. Wrongful Death. In any case where there is evidence that the facility’s negligence caused or contributed to the resident’s death, a separate wrongful death claim should be asserted. If there is any good faith basis to conclude that the negligence contributed to plaintiff’s death, you should plead both survivorship and wrongful death claims. Any long term care case has greater value if you can argue that defendant’s neglect caused plaintiff’s death. You may also have separate claims for injury that in no way contributed to the resident’s death. Such claims should be pled with your survivorship claims. Research the law in your jurisdiction to determine what forms of damages are recoverable under a wrongful death statute. If you’re in one of those unfortunate jurisdictions that allow only economic damages, you may not want to plead a wrongful death claim.
7. Punitive Damages. As the nature of economic damages in an assisted living case may not be impressive, and as your client will likely have suffered from several preexisting conditions that may weaken your compensatory damage claim, you should, whenever possible, plead punitive damages. Successfully pleading a punitive damage claim will also provide you with the basis for exploring defendant’s conduct with respect to other residents who were neglected in substantially similar ways to that of your client. Cases from around the country have upheld such punitive damage claims against nursing homes, and there is no reason that such precedent would not apply equally to assisted living facilities. [11]
8. Americans with Disabilities Act/Fair Housing Act. The Fair Housing Amendments Act of 1988 (FAA)[12] prohibits discrimination in virtually all housing and related activities, whether such conduct takes place in the private or public sector. This law is complemented by the Americans with Disabilities Act,[13] which, while it specifically does not include entities covered by the FAA, applies to non-housing functions of a facility, such as common areas, meeting rooms, cafeterias, adult day care, or long term care under Title II (state and local) and Title III (public accommodations) programs.
E. Selected Case Results
A survey of reported cases reveals very few published cases throughout the country. This author has litigated fall cases, negligent admission resulting in pressure sores cases, and one case involving an unfortunate resident who caught fire in the recreation room. The manner in which he was ignited was never explained by the facility.
In one assisted living case taken to verdict in Virginia, plaintiff had fallen during the evening and was placed back in bed (with a hip fracture) by a nurse aid who denied the fall ever happened. Plaintiff was alive at the time the case went to verdict and required ongoing nursing care because of her injuries. The jury rendered a verdict of $1.5 million in compensatory damages.
A brief survey of published assisted living cases results and verdicts across the U.S., reveals the following:
1. Dick v. Bixby Knowles Towers; No. NC 021 371, verdict date 04/15/1998. Plaintiff was walking through the dining room when she felt hot coffee spill onto her neck, back and shoulder. She turned away from the coffee and stumbled and fell. One employee acknowledged holding two pots of coffee at the time of injury, but denied spilling coffee on the Plaintiff. Plaintiff suffered a fractured distal femur and first and second degree burns. Verdict was $378,990, with medical expenses totaling $128,000.
2. Wiggins v. St. John’s Terrace Homes, Inc. Docket No. 96-2705-CA; FJVR reference No. 98:7-55 (July 1998) Plaintiff, an assisted living resident, was seated at a dining table when a coffee pot burst open, pouring scalding coffee down Plaintiff’s leg. Verdict of $223,893.
3. Weiland, as Personal Representative of Louise Debenack, v. Alexandra & Co. of Boca Raton, Inc., d/b/a/ The Colonnade at Haverhill, Docket NO. CL 99-00066 AE; FJVR reference No. 01:6-54 Pub.(June 2001). Plaintiff found dead after she developed a UTI that became septic. Upon admission to hospital, plaintiff had a large hematoma which was not explained by the defendant. Settlement for plaintiff for $1 million.
4. Estate of John Doe v. Anonymous Assisted Living Facility. (Reported from the Michigan Trial Reporter, JAS Publication) Settlement of $1,350,000 for an elderly assisted living resident who died from burn injuries sustained while showering. Plaintiff’s theory of negligence alleged that defendant was negligent in not having proper temperature controlling devices for their residents.
5. Davis v. Premium Health Care, Inc. Docket No. 98-20263, Reference No. 01:8-12 (August 2001). Settlement of $300,000 for decedent who developed multiple pressures sores (including a stage IV) while in the facility.
6. Casaletto v. Helen Homes Corp., d/b/a The Palace Gardens, Docket NO.: 01-12468 BA 20; FJVR Ference No. 02:9-44 (Miami, September 2002) Defense verdict involving an 86 year old male who was admitted to an assisted living facility in May and suffered a fall in August of the same year. Plaintiff alleged improper admission and failure to properly supervise. Defendant contended that the decedent was a proper admission and that the level of supervision was appropriate in he ambulated independently. Both parties relied on experts in the area of assisted living administration.
7. Pollock v. CCC Investments I. LLC d/b/a Tiffany House by Marriot, Docket No. 01-16746, Ref. No. 05:3-9 (Florida 2005). Defense verdict involving a resident who was murdered by another resident. Defendant’s argued they had no notice of the other resident’s potential violent conduct. The jury found there was no negligence on the part of defendants that caused plaintiff’s death. They also found there was no violation of the assisted living facility’s resident’s rights under Florida statutory law. Defendant’s highest offer was $750,000 with lowest demand at $9,900,000.
II. Conclusion
As this is a new and evolving area of the law, attorneys who litigate these cases should strive to establish favorable precedents for those who follow. If the recent explosion in nursing home litigation is any indication, assisted living facilities could be the nursing homes of the future. As with nursing home litigation, the civil prosecution of these cases provides an important safeguard in protecting the rights of our elderly and assuring that proper standards are followed in the industry.
[1] Mollica, Robert L. State Assisted Living Policy: 2000. Portland: National Academy for State Health Policy, 2000, Executive Summary.
[2] Issue Brief, Health Policy Tracking Service, National Conference of State Legislatures, October 1, 2002.
[3] Based on a study done by AARP that randomly shopped some 80 assisted living facilities, a pattern of discrepancies was found between what representations were made in the marketing materials versus promises made in the admission’s contract. Two previous surveys that compared marketing materials and assisted living contracts, one by the American Bar Association’s Commission on Legal Problems of the Elderly Consumer Reports, and the other by the U.S. General Accounting Office, revealed similar problems. Adrienne Oleck & Bruce Vignery, Nurture or Neglect? Challenging Deceptive Practices in Assisted Living Facilities, CONSUMER ADVOC., Jan. 2001, 7(1).
[4] See, 42 C.F.R. 483.10 et seq.
[5] Montana law prohibits assisted living facilities from admitting patients who, inter alia, are non-ambulatory, in need of physical/chemical restraints, or unable to self-medicate. MONT. CODE ANN. § 50-5-226 (2002); Florida law prohibits admission of residents who are bedridden, those who have stage III or stage IV pressure sores and those residents who may require 24 hour nursing care. FLA. STAT. Ch. 400.407 (2005).
[6] In Walker, there was evidence that a patient had a history of falls and further that the patient’s doctor had instructed the nurse to leave the bed rails up at all times. A nurse lowered the bed rails and the patient fell. The court held that the plaintiffs were not required to present expert testimony because the breach of care alleged by the plaintiffs, leaving the bed rail down contrary to doctor’s orders, was so apparent as to be understood by a layman.
[7] Risk factors for falling could include dementia, confusion, unstable gait, prior stroke, arthritis, medications usage, history of falls, history of agitated behaviors, vision problems, and weakness or muscle atrophy.
[8] Dorn v. McTigue, 157 F. Supp. 2d 37 (D.D.C. 2001) (holding that District of Columbia Consumer Protection Act applied to the medical profession); Chalfin v. Beverly Enters., Inc., 741 F.Supp. 1162 (E.D. Pa. 1989), reconsideration den., 745 F.Supp. 1117 (E.D. Pa. 1990) (health care services provided by a nursing home were within the scope of “trade or commerce” provisions of Pennsylvania consumer protection laws); Winkler v. Interim Servs., Inc., 36 F. Supp. 2d 1026 (M.D. Tenn. 1999) (Disabled Medicare beneficiaries’ claims against home health care provider for violation of Tennessee Consumer Protection Act were not exempt on the grounds that the provider’s termination of services was regulated by the Medicare Act, given the alleged claims did not arise under the Medicare Act).
[9] According to the National Center of Elder Abuse, www.Elderabusecenter.org/laws, all fifty states and the District of Columbia have enacted legislation authorizing the provision of adult protection services in cases of elder abuse. The statutes vary widely on definitions of abuse, investigation responsibility, and remedies for such abuse.
[10] The Tennessee Adult Protection Act, TENN. CODE ANN. § 71-6-101 et. seq. (2002) does not apply to actions against “health care providers,” as defined in the TENN. CODE ANN. § 63-6-228 et. seq. Alternatively, Tennessee’s Medical Malpractice Act provides the statutory authority to suits against health care providers.
[11] See, Texas Health Enters. V. Geisler, 9 S.W.3d 163 (Tex. App. Fort Worth 1999) (repeated shortages of staffing and other acts of negligence supported punitive damage award against defendant); Estate of McIntyer by & Through Ex’r v. Transitional Health Servs., 1998 U.S. Dist. LEXIS 13965 (M.D.N.C. May 1998) (holding that defendant’s knowledge that it was operating in serious violation of several health codes and that it took very little, if any, action to remedy those violations might reasonably be found to constitute reckless indifference to the rights of their elderly residents with varying medical and non-medical needs); Beverly Enters. – Florida v. Spilman, 661 So. 2d 867 (Fla. Dist. Ct. App. 5th Dist. 1995) (testimony that expert was “outraged” at poor level of care of resident who developed and died from an infected decubitus ulcer supported punitive damage award against corporation and management company). See also, Christopher Vaeth, Allowance of Punitive Damages in Medical Malpractice Action, 35 A.L.R. 5th 145 (1996).
Jeffrey J. Downey - an attorney who has written extensively on the long term care industry and trial practice. Mr. Downey practices in Washington D.C., Maryland and Virginia representing victims of elder neglect and other torts.
For more information on how to select a nursing home / assisted living facility, or if you need someone to talk to about your legal rights, call the Law Office of Jeffrey J. Downey at (202) 789-1110 or visit us on the web at www.jeffdowney.com
HUFFPOST HILL - MAY 6, 2010
What's Your Reaction? A day of turbulence and flux across the globe. Markets oscillated wildly as Greece tried to balance its checkbook. White House to Main Street Town Hall: Ottumwa, IA
"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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do you have to be employed by a law enforcement agency to take the cleet exam? are there some training courses that would allow me to do this to better my chances of employment? my region is arkansas.
As far as I can tell, the Council on Law Enforcement Education and Training (CLEET) is in Oklahoma, not Arkansas. It administers a variety of examinations for many different areas of expertise in police training, including the test following the completion of the 13-week police basic training academy.
CLEET offers the training and the test certifying that the student is competent.
If you want to join a police force, contact them to find out when they plan to administer the tests for recruits.
You will have a written exam that tests basic knowledge and logic, including how to read a map.
In addition to a written exam, the application process consists of a physical agility exam, medical exam, psychological exam, a background investigation, and finally an interview.
Your chances of employment will hinge upon passing the recruitment process. If you pass and get hired by the department, the training and education go with it.
[mage lang="" source="flickr"]maryland employment law vacation pay[/mage] Can an employer legally withhold money from your paycheck, if s/he thinks you owe the company?
(Maryland laws only)
My boss initially low-balled me on pay rate, because he knew I needed a job - my wife and I were pregnant. He knew I wouldn't say No to the opportunity. There were initial promises of going hourly to salary, competetive salary rate after 90 days, paid holidays, and accumulation of vacation days - none of which came to fuition. Eventually, he offered to pay for licensing costs & schooling.
After a year, I took another job, with a better company, with family benefits beginning on my first day and a slightly better salary.
Now, my boss wants to deduct the school's cost from my final paycheck, because I'm not "fulfilling my responsibility to the company".
Should I confront him or just not come in my last few days? The amount of days I'd be paid for working at the end approximately equals the amount I "owe" the company.
Is withholding that money legal or should I even have to repay it, if there is no business/employment agreement?
He can not legally unilaterally deduct cost he thinks he owes you from your paycheck. That being said, it may cost you more to fight it than it is worth. If he does deduct, ask an attorney for a free consultation regarding the matter.
Perhaps you could go to small claims court.
A real fun thing to do would go to the local press. they are always looking for the "little guy being exploited by the mean business dude" story. If that kind of pub would not reflect poorly on you, it might make him look like a real jerk.
What ever you decide to do, sleep on it. Never react when you are angry or emotional, you do things you later regret.
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La County Short Term Disability Plan
When dealing with a disability, people often think only of permanent and total disability or long-term disability.
Usually, employee’s time off have three levels, namely:
• sick leave for the person needing a few days off
• short term disability (STD) for brief periods of disability for one or more weeks
• long-term disability (LTD) for extended periods of disability
The County of Los Angeles provides STD Plan that offers income replacement to ill, injured or pregnant County employees. In case a dispute ensues under the plan, Short Term disability lawyers must be consulted.
According to the latest US Census, about 12% of the working age population of Los Angeles had some type of disability. Approximately 42% of those reporting disabilities are employed compared to 74% of those without a disability.
Short Term Disability Defined
Disability, under STD, means that the condition prevents an individual to perform regular and customary job duties, or modified job duties, as a County employee. This definition considers the following factors:
1. The severity of medical condition
2. The kind of work performed
3. The duration of disability
4. The type of work capable of performing
Short Term Disability Benefits
Employers pay a portion of their employees’ salary between the time sick leave is exhausted and long-term disability starts.
The typical benefit is between 50% and 75% of salary. Some larger employers will pay 100% of the salary based on length of service before reducing the benefit to a lesser percentage.
The payment is usually a percentage of gross weekly salary without bonuses, commissions or overtime that will be specified in the plan document.
How to Receive STD Benefits
To reap the benefits under the STD Plan, one must be enrolled to it. During enrollment, the prospective employees must choose between the two benefits, namely:
• Core benefit which is a 14-day waiting period followed by 70% income replacement; or
• Additional benefit which is a 7-day waiting period followed by 100% income replacement for 21 days, then 80% income replacement for the remainder of the approved STD period.
If you select the STD additional benefit, the 100% - 80% STD income replacement is not payable under California workers’ compensation laws.
In case of an industrial injury or illness, a maximum of 70% STD income replacement will be due to an individual. The STD waiting period will stay equal to the amount of waiting period days you elected in either the core or additional benefit.
Waiting Period Defined
Most Short Term Disability plans do not start paying until the employee has been absent for one week or until the sick leave has expired – whichever comes first.
The waiting period begins on the “first day of disability, as certified by your health care practitioner, and ends the date you are entitled to receive STD payments”.
A “day” for purposes of the waiting period, is considered a “calendar day”. This includes weekends, holidays, and any other regular day off.
You are not entitled to STD payments during the waiting period.
Duration of Benefits
If approved by the Third Party Administrator (TPA), STD benefits may carry on for up to 182 calendar days from the first day of disability without any work pay.
The duration of a disability depends on the circumstances as determined by the TPA, based on medical information received from your health care practitioner.
STD Payments in Los Angeles County
STD payments are paid by the County of Los Angeles, not the TPA.
Under the Plan, STD benefits are never paid for the following:
• Injuries sustained upon commission of a felony;
• War Injuries;
• Injuries inflicted upon oneself; or
• When a disability is not acceptable by prevailing medical facts and medication, as determined by the TPA
Residents of LA County may now enjoy benefits whenever a short-term injury occurs. Just consult your short-term disability lawyer for guidance and you are ready to file your claim.
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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.
About the Author
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First time dwi conviction in late 2005. I completed my terms of probation almost immediately...80hrs comm. service, MADD/DWI classes, fines, alcohol/drug screening (passed), steady employment, I've reported to my PO every month w/payment, etc., etc. The entire process has been a struggle emotionally and physically; of course, I deserved it for the night I tried to drive home drunk. It's affected my employment eligibility despite my having no prior records, great skills, good manners, and a college education. I've learned a hard lesson the hard way...but I feel like 2yrs probation is a lot; especially considering probation is designed to make probationers fail. What I'm wondering is that in three more months, when I've completed half of my probation term, is there any way to get my probation terminated early for good behavior? And is this ever done through a PO instead of a lawyer? I'm in Texas & our laws are strict. Please no lectures...
A friend of mine from Texas had the same issues - whether or not things have changed since she was there (sounds like it hasn't) she had to complete the terms of her probation. You could certainly ask your PO about it, although you might still have to get a lawyer.
Probation isn't designed to make or break probationers. That choice falls upon them. Your PO is there for you to talk to if you feel like you're going to go out and drink drive again or other. Get involved with a support group (not that you have to, but because you want/need to) Keep a chin up, complete your terms and just do your best.
If you think Texas is strict - my friend did it again here. Only after she completed everything she was suppose to do by court order - the judge tacked on more time with a home monitor for good measure. She couldn't leave home without calling and asking for permission to do so. The phone line had a device on it that told them to hang up the line if they were on it too long. As soon as they got off someone would call to check and talk to her.
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July 14 (Bloomberg) -- Jiang Bo says he drove a cement truck for China’s Shenzhen Antuoshan Investment & Development Co. 12 hours every day for seven years without overtime pay.
A national labor contract law implemented Jan. 1, 2008, was supposed to limit work hours and ensure severance pay. A week later, the concrete company asked Jiang to sign a contract setting his base salary at 810 yuan ($119) a month, 45 percent less than he usually earned, to avoid additional overtime costs, he says. Jiang refused and was let go without compensation.
Employers ignoring a law designed to mute labor discontent prompted Chinese workers to file double the number of claims last year with courts and arbiters, the government says. The trend leaves international manufacturers open to potential consumer backlash that may stem from any abuses. U.S. companies such as Wal-Mart Stores Inc. and Nike Inc., main Chinese manufacturer of shoes, said they’re training Chinese suppliers on the rules and inspecting them for compliance.
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Apple Inc., which relies on Chinese manufacturers for its iPhones and iPod music players, found 45 of the 83 factories it audited last year didn’t pay proper overtime and 23 provided less than minimum wage, according to its 2009 progress report on supplier responsibility. The Cupertino, California-based company required them to adjust practices to ensure correct payments, it said in the report.
Apple has been auditing how its Chinese suppliers treat their workforce since 2006, spokesman Steve Dowling said. The number of units audited more than doubled last year from 39, and the company trained more than 400 of its employees to monitor compliance with its factory standards, according to the report. Apple also instructed more than 27,000 Chinese supplier employees and managers on worker rights and social responsibilities, the report found.
Little Incentive
The Electronic Industry Citizenship Coalition, whose members include several Meitai contractors, said in an April 3 statement that corrective actions were to be taken. The plant is making improvements, Meitai spokeswoman Catherine Lien said.
Meitai is not a direct Chinese supplier for Round Rock, Texas-based Dell or Palo Alto, California-based Hewlett-Packard, spokeswomen for each company said. Both companies asked their direct Chinese suppliers to do an investigation and changes are being implemented, they said.
Chinese suppliers have little incentive to abide by the rules, said Bama Athreya, executive director of the International Labor Rights Fund in Washington.
Worker rights abuses have long been an issue for U.S. and European companies that turn to developing nations for cheap labor, slashing prices for consumers. They have attempted to protect themselves by setting codes of conduct for Chinese suppliers and instituting audits to measure compliance.
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The California Workplace Labor Law Posters
In California, employers have rules and regulations related to the workplace and they are displayed in theCalifornia labor law posters. Employers are strict about the various laws and try to enforce them in their businesses so that employees do their work properly to achieve the business goals and likewise these laws make the employees aware of the different labor laws affecting them. Labor laws are stringent in every country and America is no exception as is amply displayed by the labor law posters and Californialabor law postersrelated to the workplace has all the laws concerning an organization.
It is mandatory in America, for all the businesses and organizations across the country to put up these labor law posters and California too has to follow the rules as employees have a right to know about their rights and organizations similarly have to tell the employees about their duties and laws related to the workplace. It is in a way beneficial for both the parties and goes a long way in building the relationship between the two as both of them are aware of their responsibilities. The labor laws get updated from time to time and it is the duty of the organizations to inform the employees about them. The California labor law posters contain information regarding different labor laws.
The State of California has California Labor Law Posters for all businesses big or small and organizations and safety postersfor workplace safety are required to put them up in places in the workplace where employees can see and read them easily. It concerns them basically and so it can be said that the labor law posters are meant for the employees. There are labors laws that need to be adopted by businesses where the employer has 50 or more employees working under him and in such workplaces posters are must. There are separate labor laws for the minors and adults and they are displayed in the organizations through California labor law posters. Labor lawposters are well designed and neatly written in a simple language that can be understood by all he employees. They are pasted in places within the organization where the employees gather on a daily basis so that they can get all the necessary information they require related to the various labor laws.
About the Author
IDSTC provides MLM Software , Network marketing software for MLM, direct sales industry. Get business solutions with Multi Level Marketing Software, Direct Sales Software, party plan software .
Federal Minimum Wage Posting Changes, July 2009
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Where do i stand if the end date of my work contract is before my start date?
I accepted a job starting last November and have recently been looking over my contract only to notice the start date is November 2009 and the end date is April 2009. What does this mean for me as an employee? Is it a simple typo or are there legal ramifications for having a fixed term employment contract of minus 8 months? UK law only please.
Any further info needed, just ask.
It is obviously a typo.
Go to the HR dept or your line manager and get it sorted out.
Employment Law - Legal Advice Panel with Attorney Joel Baruch
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Irs Crackdown On Classification
Independent Contractor or Employee?
The answer to this question is one that is being looked at very closely by both federal and state governmental agencies. If answered incorrectly by an employer, the door could be opened to serious consequences. Over the past year, various federal and state agencies have indicated they will begin to more seriously investigate employee classification issues - with emphasis on workers misclassified as independent contractors instead of employees. The Internal Revenue Service (IRS) began intensive audits of 6,000 randomly selected employers in February of this year. The key objective of the IRS audits is to determine whether employers are attempting to save on taxes and legal risks by incorrectly classifying workers as Independent Contractors and recover any lost revenue.
The U.S. Government Accountability Office (GAO) recently reported that employee misclassification "could be a significant problem with adverse consequences," as it reduces the amount of tax revenues that flow into federal and state governments. This is because Independent Contractors are not covered by most employment laws (as they are not considered "employees") and payroll taxes are not assessed against monies paid to them. The Federal government estimates that between 1996 and 2004 it lost an estimated $34.7 billion in tax revenue due to the misclassifications of Independent Contractors. In 1984, the IRS did a study and estimated about 15% of employers nationally misclassified a total of 3.4 million workers as Independent Contractors. A 2005 Bureau of Labor Statistics (BLS) report indicated approximately 10.3 million workers or 7.4% of the workforce were classified as Independent Contractors.
The IRS provides guidance on how to determine if a worker is truly an Independent Contractor and this standard is high. Please follow this link for IRS Guidance on the proper classification of workers. There are legitimate Independent Contractors currently working; however, there are a great many workers that are, in fact, misclassified employees. The penalties for this misclassification can be severe. It is important to note that even if a worker asks to be an Independent Contractor or agrees to this classification in writing, they are not an Independent Contractor unless they meet the criteria established by the IRS.
The Taxpayer Responsibility, Accountability, and Consistency Act of 2009 was introduced in Congress last year and it allows individuals classified as independent contractors to petition the IRS to determine their correct classification. As it stands today, an employer or a worker can ask for an IRS analysis utilizing IRS Form 88: Determination of Worker Status for Purposes of Federal Employment Taxes and Income Tax Withholding. If passed, the current proposed legislation would expose employers with independent contractors to an increased chance of investigation and more severe monetary penalties. According to Mark Schoeff, Jr., the Department of Labor (DOL) is allocating $25 million (in their proposed budget for fiscal year 2011) in a joint initiative with the Department of the Treasury to specifically investigate and target employers that misclassify workers.
It is important to also note that many states have passed laws aimed directly at the misclassification issue. Currently, Illinois, Colorado, Maryland, Massachusetts, New Jersey and New Mexico have passed laws that target the construction industry, as it has been an industry rife with misclassification issues. An Illinois construction contractor received a fine of $328,500 in December 2009 for incorrectly classifying 18 workers as independent contractors instead of employees. Other states have enacted task forces specifically created to find instances of misclassification.
Experts agree that the best defense against misclassification is for companies to look beyond independent contractor work agreements, analyze the actual work that is being done by the worker, and perform continual rigorous internal evaluations of pay practices. As the old saying goes "If it walks like a duck, quacks like a duck, and looks like a duck, it must be a duck." If a worker classified as an independent contractor looks like an employee, works like an employee, and is under the same controls as an employee, the more likely they will be determined to be an employee. The more you treat a worker like an employee, the more they will be considered an employee, especially in this era of heightened scrutiny. Failure to classify workers correctly can be quite costly. In addition to assessment of payroll taxes and penalties, employers may face insurance considerations such as workers compensation premiums. The misclassification of workers also opens the door to private causes of action from workers such as back pay, overtime pay, lost benefits and liquidated damages.
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
Velaris helps New York Law School (NYLS) Take Advantage of Oracle's Latest Hyperion Business Intelligence Release
West Chester, PA (PRWEB) May 12, 2010 -- Velaris (http://www.velarisconsulting.com), a leading Professional Services organization dedicated exclusively to Business Intelligence consulting, announces its newest client, New York Law School (http://www.nyls.edu). With over 15 years of experience in BI consulting and hundreds of engagements with ... Market Outlook - No Recovery Until Jobs are Created - Bloomberg
Is the Law of Attraction, A.k.a. "The Secret", Fact or Fiction?
Let me start by saying that I am a firm believer in the laws of universal attraction - a.k.a "The Secret". At the same time however, I must add that there is so much about this law that I do not understand. I've seen the law in action in both my own life as well as in the lives of many others that I know personally. At the same time, on a daily basis, I read about or hear about things that happen which leave me scratching my head in disbelief.
For example, I remember watching a show on lottery winners and how their windfall dollars had changed their lives. There was an older man highlighted on this show who, throughout his life, bounced around from one menial job to next. He was never able to hold on to any type of meaningful employment. One day, he had won the lottery. The exact amount of winnings escapes me but it was a multi-multi-million dollar jackpot. At the time of his winning he was working as a ride operator for a traveling carnival. The ride he'd been working was one that would spin riders upside down. I remember him saying he'd considered this very good fortune because it meant that after the carnival had shut down for the evening he could walk around under the ride picking up the lose change that had fallen from people's pockets.
Next thing you know, he was on the receiving end of a lottery jackpot that made him an instant multi-millionaire. The law of attraction states that we attract everything we receive in life through our internal energy vibrations. The law also states that there is no such thing as luck - either good or bad. So the obvious question I was left with is how can someone who considered picking up loose change to be good fortune hit a multi-million dollar lottery jackpot? What kind of internal energy could this man have been vibrating to attract such a huge, financial windfall? This can not be reconciled as just good luck - the law of attraction says there is no such thing.
The law also says to fully expect to receive that which you deeply desire. I recall an interview I heard with Carrie Underwood shortly after she'd won the American Idol contest. In this interview, she said how she didn't even expect to make it through the first round let alone going all the way to win the full magilla. Now I'm not taking anything away from Carrie Underwood - she's an amazing talent who deserves all the good fortune she now enjoys in life. But if she didn't expect to even make it through the first round, how did the law of attraction play out so that she wound up the grand prize winner?
On the flip side, I recall a time a few years ago when I accompanied my niece Olivia - then 6 years old - to a daddy / daughter dance. (My brother in law was out of town and my sister asked me if I'd like to step in and go in his place.) Upon entering the dance, every little kid was given a ticket for a raffle that was to be held at the conclusion of the dance. A table was set up displaying all the prizes that were to be raffled off. Olivia was fixated on this radio cassette player that was among the prizes. I swear she spent a good part of the night just standing there staring at this little boom box. She even went so far as to tell my sister and I repeatedly how badly she wanted it.
My sister and I, being the knowledgeable adults, proceeded to explain to Olivia that there were several hundred kids at the dance and only 20 or so prizes that were to be given out. We explained to her that she had a really long shot at winning and not to get her hopes up. This, we felt, was logical but what does logic mean to a six year old? When raffle time arrived, one item at a time was pulled from the table and the winning ticket received that particular item - the winning ticket was not permitted to choose the item they wanted. Wouldn't you know, as God (and my sister) is my witness, Olivia's number was called and she won that very prize that she was fixated on. When the dance was over, Olivia insisted on carrying out her new prize on her own even though the box was almost as big as she was. She wanted to make sure that everyone saw that she had won that prize. It still makes me smile to this day thinking about that special evening.
Yes, I've seen the law in action and I've seen events unfold that leave me incredulous. I am a firm believer in the law of attraction and I hope, before I die, I'll have it fully figured out.
About the Author
dan@danielherzner.com 914-525-2487 http://www.letsgetbacktobusiness.com
Daniel Herzner is Founder and President of Lets Get Back To Business dot com, located in White Plains, NY. Dan has been a serial entrepreneur for the better part of his adult life and has worked tirelessly at biz building.
Milwaukee DUI and Milwaukee Drunk Driving - How to Find an Attorney Online
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While the government is losing billions on healthcare fraud each year, these financial losses are only a part of the picture. The other victims of healthcare fraud are consumers who often have no idea they have been caught up in a lucrative scheme that can wreak havoc in their lives for years.
Health care fraud in Texas can affect unwitting patients in many ways including:
1. False patient diagnoses, treatment, and medical histories As part of making false insurance claims, criminals will enter false diagnoses including more severe conditions than a patient actually has. These false diagnoses become part of the medical history of the patient and part of the permanent record of the patient that may affect future coverage or payments for procedures.
2. Theft of health insurance benefits Private health insurance often has a lifetime cap or other limits on benefits. False claims count toward those caps and limits and may result in a denial of future benefits due to the amounts being claimed exhausting benefits.
3. Medical identity theft The growing crime of medical identity theft can result in incorrect information added to the medical record of a patient or to the creation of an entirely fictitious medical record in the name of a patient. This can cause the patient to receive the wrong medical treatment. A victim may find that health insurance benefits have been exhausted or that he is uninsurable for both life and health insurance coverage. The victim may be rejected for employment based on the incorrect history and diseases that he never had.
4. Physical risk to a patient Patients who are subjected to unnecessary and dangerous procedures may be injured or can die. Instances of unnecessary heart catheterizations and angioplasties as part of fraud schemes have been prosecuted.
Further health, safety and healtchare information: click here
Seekinghealth care fraud lawyers in Texas? Contact the Texas health care fraud lawyers at Tonda Curry & Associates if you have questions about Texas health care fraud and abuse today. Our health care fraud attorneys in Texas provide defense for all types of health care fraud in Texas. A health care fraud lawyer in Texas at Tonda Curry & Associates will guide you through the process and may be able to make a difference in the outcome of your case. Let our health care fraud lawyers in Texas intercede on your behalf.
About the Author
Tyler criminal defense attorney, Tonda L. Curry is skilled in the following areas of law: criminal law; appeals; criminal defense; possession, distribution, manufacturing, trafficking violation in Tyler, TX. Ms. Curry's education: J.D., Texas Tech University, 1988 & B.A., Bob Jones University.
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Walking Back to Nature- Inland Water Transportaton - Solution to Modern Day Transportation by Oladokun Sulaiman - Oladok12@yahoo.com
Inland Waterway Hybrid Sustainable Transportation – A solution to Modern Day Transportation Problem
1.0 Introduction
In today’s transportation congestion and air pollution problem on shore infrastructure is causing more moderate concern and increasingly damaging growth in the size of the problem cal for need for formulation of policy for air- road to sea integration. By placing focus on waterborne transport, and integrating to road and air issue place a higher demand multimodal transport which in turn give leverage for need to put focus on a number of shortcomings related to the use of ships for community and freight transport in conjunction with other mode of transportation. To aid the implementation of policy for the use of inland water transportation, high number of community research and technical development actions, relevant to waterborne transport is require. Some of which could include concerted action on short sea shipping, designed to identify some of the structural or generic problems in the use of ships for relatively short-haul transport and other that target environmental impacts as well as issue of safe and efficient increase of reliability intermodal transportation. Furthermore, hybrid use of transportation will require the intelligent transportation system that incorporates use of advanced Integrated Ship Control Systems, AIS and extensive use of information technology needed to provide a solution to modern transportation problem.
Inland water transportation either in moving people and freight in a sustainable manner is increasingly becoming important, will be one of the biggest challenges for the 21st Century, an age where environmental pressure is calling for sensitive reactions, adoption of new proactive innovative behavior to relate factors associated with design, construction and operations and utilize them to deal with inherent needs response. Action associated with human life mitigation has always been part of concern of decision making, but to a less extent. In a world where warning of nature regarding need of awareness and sensitivity as well facts to how substantial nature is to the support of life and how much damage reckless human activities has cause imbalance in our planet. A situation that is vividly threatening our plant today and striping hope for our future generation survival in this planet, A situation that is equally calling for all of us to adopt new philosophy of doing things, and giving insight in inevitable return to nature earlier ways of doing things – from use of sun, water and clean energy store in earth crust to use of inland water transportation. Past engineer work on inland have been dominated with reactive, and today s world has reach a toll where by there is no chance to wait for accidents whose consequence is environmental degradation at its point form or instantaneous calamity. [1].
There is a surmountable barrier to achieving a sustainable multimodal inland water transportation where environmental impacts and risk will be mitigated and integrative components of water recourses will be utilized. However, incorporating holistic systems framework and system engineering tools back with analysis and identification leading to alternative path to short and long term solutions to the problem can facilitate achieving quality management of the evolving new philosophy of sustainability [2]. Such alternative solutions after discounting environmental concern could accommodate increasing inland waterway integration for shipping cargo containers including lock development, intermodal, information technology solution, provision of incentives to alleviate congestion during seasonal congestion hybrid of transportation mode based on best option selection [3]. Sustainable Inland water system contains physical elements that include waterways, ports, and intermodal network of railroads, roadways, and pipelines, that connect the waterborne portions of the system as required. The physical elements also include the vessels and vehicles that move goods and people within the system. The physical network is supported by a series of systems that facilitate the movement of goods and people, and provide access for recreation and to natural resources. Also associated with development of inland water transportation is dredging work to meet size of vessels, maintenance dredging and containment technologies for dredge material disposal or reuse of dredged material may be a feasible alternative that provides an economic benefit.
2.0 Inland Water Transportation System (IWTS)
Civilization has ground up along rivers, lakes, ocean, the great rivers of the world, like Amazon, Mississippi, Ganges Rhine Danube Niger, and Nile influences the lives of millions, not only their very existence but also their political, art, and science. People are inherently drawn to water, this make use of water resources an important part of human development. Properly managed river basin can augment food water supplies, improve transportation, provide energy and develop industry. Development of water resources also carry the good beneficial reward to reciprocal development of waterfront areas that provide multiuse activities; improve social interaction and a sense of community. Hybrid concept requires facilities to be strategically placed in close proximity to other modal transportation system. The design need to pay attention to historic, current and future development patterns.
Inland navigation offers important opportunities to move cargos on river, estuarine and associated tributary in an energy-efficient manner, reduced cost of good transportation per tone - kilometer compare to other mode of transportation in. It remain one of the best option available to mitigating problem associated with global warming, climate change, noise pollution as well as congestion. Capacity building, environmentally and socially friendly, taking advantage of nonstructural measures (such as fleet innovation) [3] as well as infrastructure investments, and multimodal corridor incorporation become increasingly a matter of dire need today [4].
Inland water transportation has substantially shaped the growth and development of nations in Europe and North America, however, previous work on transportation are much more based on proactive method, Recent study made by European Union indicated potential for augmentation of percentage of shipping in total transport volume in the Danube region, this lead to agreement for inland navigation improvement in an integrated manner by the ten Danube riparian states there is indication that climate change will have will bring potential development of on the further development of IWT and this make navigation management, planning and development of IWT to take the issue of climate change and ozone depletion into account.[5]
The important of transportation and utilizing full advantage of new and emerging transportation technologies remain engine of tomorrow's growth and prosperities as well as supports for safety, security, conservation of energy and environmental quality. Since, Inland transportation cannot stand alone and its efficiency, strength can only be maximized through integrative intermodalism and diversity, this provide opportunity for cooperative climate for intermodal systems, cooperative climate requires the coordination of more than one mode of transportation. With each mode having its own system-specific advantages: motor carriers have the ability to provide door-to-door service; water carriers that can handle bulk commodities safely at very low cost; and rails that can transport a broad range of commodities over long distances. Retaining sustainability principle that public good is best served by the most efficient use of transport resources, regardless of mode, and implementing the new philosophy of its sustainability equally requires `incorporation of use of water resources for other use as required by the environment [6].
Couple with this, recent issue of today especially from environmental domain called for need to adopt new sustainability philosophy, a healthy and responsive transportation system. And method that can yield vitality and growth, and the productivity of commerce, the nation needs [8]. Focusing on efficiency and complementation rather than competition between different transportation systems is a key economic growth, sustainability and productivity of a nation. Efficient freight transportation systems play a positive role both in the economic life of industrialized countries and the daily lives of their citizens. These countries realize the importance of the relationship between good systems, services and their economy. However, while these transportation systems are essential to a modern society, and there are substantial economic benefits to be realized from them, there are also significant negative environmental impacts, including preemption of land, disruption of topography, use of energy and other resources, and noise and air pollution [7].
In making choice of transportation modes, consideration should be given to the mode that does not contribute to unnecessary increases in fuel use, exhaust emissions, accidents, spill incidents, and congestion. It seems that not a day goes by without some new evidence of the increasing pollution of our environment and its consequences. There are indications everywhere those environmental rights (breathable air, drinkable water, fertile soil), which have been regarded as inexhaustible or renewable, are becoming scarce [8].
Today, with much more environmental awareness and a greater understanding of the consequences of pollution, both government and society are much less tolerant of pollution. On a global scale, pollution is a growing threat to both human health and the environment. Commercial freight transportation, with its almost total dependence on petroleum-based fuels, contributes significantly to pollution levels. Therefore, each form of transportation, as a major energy user, needs to be evaluated both as to the scarceness and future availability of the energy resources that it uses and to its impact on the environment. With each transport mode having its own specific energy-use and environmental characteristics, decisions on transport issues, whether short or long term, have inevitable impacts on the environment, which should be clearly weighed before a final decision is made[9].
Both the environment and the quality of life are receiving greater attention, resulting in a growing demand for not only an environmentally sound transportation system, but also for policies where environmental goals are given greater weight in transportation decisions. The result of this concern over the impact of transportation systems on the environment is reflected in how those systems are now being planned for the future. Transportation designers and environmentalists, both of whom recognize the interdependence between transportation systems and the environment, are increasingly concerned about maintaining an appropriate balance between the two. Likewise environmental laws are all over at the verge of established a legal framework aimed at keeping transportation decisions consistent with that goal [10].
3.0 Threat and Challenge of Green House Gas, and Impact on Trio of Global Warming, Ozone Depletion, Impact on Climate Change
Recent time has seen environmental calamity and abnormal environmental behavior which today the consensus of scientist have agreed to be linked to human activities. The world of man is madE up of the biosphere and the techno sphere, human inherited the earlier and it give all support needed for human to live, however, we neglect to know and even take care of it and we created the later whose buy product are claimed to be responsible for effect of ozone depletion that limit sunlight reaching our planet and consequentially warm up our planet and cause other chain reaction that leads to environmental revolt.
The impact on coastal resources can be classified into four broad categories. The first is tidal inundation, where about 1200 km2 in Peninsular Malaysia alone will be submerged subsequent to bund failure, and mangroves will be lost if sea level rises at a rate of 0.9 cm/year. The second is shoreline erosion, which will account for another few hundred metres of shoreline retreat. The third is increased wave action, which can affect the structural integrity of coastal facilities and installations such as power plants. The last is saline intrusion, which can pose a potential threat of water contamination at water abstraction points. Examples of other impacts include submergence of corals, coral bleaching due to increasing levels of CO2 in the water, and depletion of fisheries resources due to loss of mangrove habitats.
Water management follows three stages:
1-unregulated river water become supply – oriented , it remain so as long as water is abundant and the demand can be satisfied without modifying hydrological regime.
2-Scarcity of water-with increase pressure of demand for water and water related services, water management become resources oriented and the basis for multipurpose development.
3-Regulated natural regime-as Limit of acceptable stream flow regulation and development are reached, marginal cost of water supply radically increases, and here development management becomes important [1].
The first case apply to Terengganu, the first case apply, and significant, sustainable balancing of economic, environmental development, community involvement maximize benefits of the planning and implementation strategy that could result to dramatically improved public access, provision of new open spaces, improved quality of life, strengthened city and image and community pride.
5.0 Environmental Risk of IWTS
The environmental impacts of water transportation vary from river to river and project to project, but in many cases, the environment is not noticeably affected by waterway freight transport. Where it does have a negative impact, the effect is usually minimal. Because of the concern over the impacts that the different transportation modes have on the environment, there has been a more concerted effort to identify those impacts. Recent time have studies that are similar in nature analyzed the types and levels of impacts of a modal shift on the environment; viz. what happens if cargo movements are shifted from one mode to another. What would be the increases in fuel usage, Issues related exhaust emissions, probable accidents, traffic congestion, etc. All three studies compared the same cargoes shipped by different modes, and concluded that, ton for ton, produce vessels have fewer accidents, consume less energy, fewer harmful emissions, society in general and are less disruptive. These studies findings show that transporting of bulk commodities by water are environmentally compatible, provides a means to sustainable development, and that the use of this environmentally-friendly mode should be encouraged. [13].
Wide variety of human activities can affect the coastal and marine environment. Population pressure, increasing demands for space, competition over resources, and poor economic performances can all undermine the sustainable use of our oceans and coastal areas. The most serious problems affecting the quality and use of these ecosystems surrounding coastal water encompass release to:
1. Water – pollution release directly or washed downed through ground water
2. Air- air pollution, noise population, vibration
3. Soil- dredge disposal and contaminated sediments
4. Flood risk - biochemical reaction of pollution elements with water.
5. Collision – operational
6. Biodiversification - endangered and threatened species, habitat
Risk management should involve alternative risk reduction measures and the implementation of those that appear cost effective .where Zero discharge = zero risk, but the challenge is to bring the risk to be at acceptable level and at the same time, derive the max Benefit. Simulate extreme condition and model – using combination mathematical modeling and stochastic techniques while considering all factors in holistic manner.
Uncertainty is part of risk, but it’s and abstract nature and limitation of knowledge of unseen in real world settings make it s quantification a complex work. associated with uncertainty are normally reflect issue of influences on recovery process, Test of new advancements, Influence on policy, Address system changes over time, services & resources. The “sources” of a “lack of certainty” can be several. Moreover, the methods of measurement may be uncertain, or the models used inaccurate. Furthermore, uncertainty can arise from profound misunderstandings of the phenomena that are observed or are attempted to be assessed, perhaps because there is no adequate theoretical knowledge yet.
6.0 Environmental Benefits of IWTS
The commodities on which our lives and livelihood depend have to be transported by one mode or another however; the aadvantage of using Inland water transportation system over other mode of transportation has been described by various comparative studies. Advantage range from issues of concerned in of human modern world. As highlighted above there are inherent risks in shipping by barge, but yet statistics, water transport is the safest and most regulated form of transportation and has fewer accidental spills or collisions than any other mode. This excellent record is directly attributable to both exacting operational safeguards imposed by the carriers themselves as well as strict federally-mandated inspection standards. There is little public awareness of the water transport industry outside the river communities that it serves. This can be attributed primarily to the non-intrusive nature of the industry's operations and its impressive safety record. One of the primary reasons for this lack of intrusiveness is the width of most of the rivers, their location in relation to population centers, as well as levees and floodwalls.
According to the United Nations, human benefit from marine and coastal ecosystem and activities: Coastal tourism =161 billion American dollars, Trade and shipping =155 billion American dollars, Offshore oil and gas = 132 billion American dollars, Fisheries = 80 billion American dollars. Therefore, it is important to be careful and maintain balance in dealing our activities. The popular media attention is concentrated on loss of life and property. There is little prospect for preventing many of the disasters from occurring although much could be done to reduce their severity. Many impacts could be mitigated through better vulnerability and risk assessment, predictive modeling, information dissemination, and policy development [13].
6.1 Energy efficiency - The use of energy by the different modes of freight transportation has become of increasing concern in setting transportation policy. Energy efficiency is the measure of performance of our system is it structure or mobile Energy efficiency is usually measured in one of two ways: by comparing how many miles each mode of transportation can carry a ton of freight per gallon of fuel, or by how many BTUs are expended per ton mile. In considering the choice of alternative transportation modes, it is imperative to consider energy that will be spent in shifting from one mode to another will result in greater energy consumption by the less fuel-efficient mode. For cargo carriage, vessels is required to move one ton of cargo none mile, with energy efficiency which is the inverse of energy intensiveness Propulsion energy including refinery losses. -Combines operating energy with maintenance energy, vehicle manufacturing energy, and construction energy..
Table 2.3- Energy modal comparison - Source: [38]
Table 3 – Modal energy comparison
Mode
Operating energy
LNE – haule Energy
Modal Energy
Rail
412.5
706.3
1075
Truck
1312.5
1312.5
2137.5
Barge
262.5
262.5
618.8
Numerous studies of fuel efficiency have been done shows that shallow-draft water transportation is the most fuel efficient mode of transportation for moving bulkraw materials, is the least energy intensive method of freight transportation when moving equivalent amounts of cargo, and consumes less energy than alternative modes. [14].
6.2 Safety - Since the consequence of not being safe is environmental catastrophic, modal comparison of transportation system has revealed that water transport has the fewest numbers of incidents, fatalities, and injuries compare to other surface mode. The inland water transportation environment, with its slow transit speeds, is relatively mild, and shock and vibration levels, which are dampened out by the cushioning effect of the waterway itself, are not normally considered a problem. Land based including road and rail cars are susceptible to accidents, often times resulting in a loss of cargo, especially rail transportation are more vulnerable because shipments typically involving a large number of massive units traveling at high speed in a single line. River barges with navigation aid infrastructure ensure right-of-way mostly with pleasure craft that operate primarily both in warmer weather and during daylight hours an intermodal comparison work recently conducted by waterway foundation
6.3 Congestion - Pressure relating to technological; change needs and population has led to high demand for road transportation vehicle that has led to un convenient congestion problems and cones, traffic growth in most city of the world is currently outstripped any increase in increase of green house gas release increase, currently hurting our planet. There is currently fringing in infrastructure capacity, where traffic demand exceeds supply leading to delays and safety problems.
6.4 Air, noise and vibration pollution - Rise in traffic volumes due to urban population, increase mobility has been identified by recent studies to be main contributors to Noise levels rise and contamination of air quality. Comparative studies has revealed that road transportation is the major offender Road transportation is the major offender more than other mode of transportation. Currently there is limited data exists on noise levels of barge operations, mainly because they are not considered problem. Figure 4 show environmental force driving next generation technology.
Table 4 – Emission comparison
Nox
PM
FC
COx
Sox
%
%
%
%
%
After treatment
SCR (Selected catalytic reduction)
-81
-35
-7.5
-7.5
-7.5
PMF (Particulate matter filter)
None
-85
2
2
2
Drive management systems
ATM (Advising tempomaat)
-10
-10
-10
-10
-10
Diesel fuel quality / substitutes
(BD) Bio - Diesel
-10
-30
15
65
~-100
BDB (Biodiesel blend , 20%BD)
2
-6
3
-13
~-20
LSF (Low sulfur fuel)
None
-1.7
none
none
~-100
New engine technology
NGE(Natural Gas Engine)
-98.5
-97.5
4.5
-10
-100
6.5 Social impacts - Trucks and trains operate much closer to populated areas and release large amount of pollution and noise to the residence, barges quietly make their way along isolated waterways for most of their trip. By contrast, river barges have little impact on densely-populated areas. Barge transits are relatively infrequent because of the large tonnage moved at one time. River operations take place in channels away from the shore, and the engines of a towboat are usually below the water line, which muffles the sound. Surface traffic, both road and rail, near residential neighborhoods contributes to visual, physical, and psychological barriers that can lead to the fragmentation of those neighborhoods. Reduced social interaction, reduced access to other neighborhoods, and increased traffic congestion Traffic congestion can lead to serious disruptions of police, fire, and medical services, as well as periodic isolation of parts of communities
6.6 Cargo capacity - In terms of capacity a study done by COB came up with the following conclusion, which gives inland water a good advantage over other mode of transportation.
6.7 Economic of IWTS - The political and economic changes of nation is a big factor that maneuvered and created dynamic emerging economy in and generated needs and perspectives for more trade and transport along the river in Europe and the United States. Such economy analysis and environmental analysis which is being dealt with in this research cold bring assurance to drive the Transport policies that promote modal shift. The making of inland transportation requires economic analyses that identify trade growth consequential rapid rise in the amount of traffic. Commercial transport in Malaysia corridor has soared growing more than 100% in the last decade, with by far the largest increase registered in road transit. It is expected that Malaysia will continue this dynamic economic development in the coming years (with minimum average GDP/capita growth rates of 3-4% per year until 2015) and traffic flows could grow correspondingly [15].Compare to other mode of transportation, Inland water Transportation is in comparison to air and road transport, seen as more environmentally friendly and energy efficient, and can therefore contribute to sustainable socio-economic development of the region. Multimodal use of available transport possibilities (road, rail and IWT) has to be ensured.
6.8 Regulation requirement - Due to international implication of maritime industry, the required to be implemented are finalized by UN agencies following tacit proceedure, while the state decide on formulating local legislation towards implementation through marine administration and port state contol. Under above described legal framework for guide to drafting legislation, in the context of maritime transportation, 3 main purposes of legislation under legal framework are:
i. To provide legal framework for maritime transportation – effective legal framework is expected to cover all parties involved in maritime transportation
ii. For implementation of basic objectives of states- to prevent coalition, accident and consequence of pollution that may arise from them- legislation involved monitoring that focus on manning, safety, prevention of collision, salvage.
iii. To achievement of certain economic purpose- policy objective under economics from aim to expand national fleet, boosting of employment of national on board foreign ship.
7.0 Technical requirement / Classification of IWTS
River Classification System is n necessary to ensure the orderly and efficient control and maintenance of waterways an inventory of existing infrastructure and transport must be prepared as the base of a sound classification system. This inventory should include numerous quantitative aspects (e.g. minimum depths, width, and vertical clearance of waterways, marking and minimum equipment with navigational aids, and number of vessels), as well as qualitative aspects (e.g. the state of infrastructure and the fleet, transport performance). Data difficulties can be often quite substantial. Each waterway class: I, II, … has its standardized vessel (type, length, beam, draught and carrying capacities to loading draught and minimum height under bridges) or limited standardized integrated barge tow (formation and number of barges in tow, total length of barge tow plus pushboat, total beam of barge tow, draught of most loaded barge in tow and barge tow capacity in loaded state and minimum height under bridges) corresponding to the waterway conditions. Classification adopted by European Conference of Ministers of Transport (ECMT) is shown in the table below [16].
Table5- IWTS classification - Source: [47]
Classification
Type
Carrying capacity(tonnes)
ECMT classification (maximum vessel dimensions in metres)
Beam
Lenght
Air draft
Water draft
I
Small barge
300
5
38.5
3.55
2.2
II
Campeenar barge
600
6.6
50
4.2
2.5
III
Doctmund-Ems
1,200
8.2
67
3.95
2.5
IV
Rhine- Hern
1,350
9.5
80
4.4
2.5
V
Large Rhine
2000
11.5
95
6.7
2.7
7.1 IWTS Vessels Requirements
The Ship is about port and access to port by optimum size of ships and its associated economics implication can be made available through navigable channel where maintenance dredging is needed. Ship production and condition of channel are out of phase. Economic of large scale and demand has begot big ship to emerge within a short period of time after second world war- however less attention has been given to the channels that will continue to accommodate these ships. Large ships typically maneuver with difficulty in confined areas, and channel width is a critical component of deep-draft channels .The requirements for access and protection in harbors and ports often lead to maintenance of channels and engineered structures, such as jetties and breakwaters.
Ship characteristics - Thus as ships are getting bigger, there has been signify technological change link to safe maneuvering and controllability. In reference To this design has focused on mitigating issues like large windage associated with container ships, which can complicate ship controllability in narrow channels as well as during slow speed maneuvering; also Limiting speed in channel remain a critical part of operational maintenance work Direct-technological ship with drive diesel ships with high installed power to achieve design service speeds can, in some cases, have a minimum bare steerage speed of about 8 knots —quite a high speed in confined waters, has remain a challenge for terminal operators [16].
Maneuverability of during ship designs focus more on optimum operation of ships in the Open Ocean, and pay les attention to operations in confined areas. Ship Control is important when ships slow to turn, docks, or attached to tugs. Factors contributing to loss of control include slow vessel speed, following currents, waves, and cross-wind. Sailboats traveling under sail require extra maneuvering space. A good navigation channel must accommodate the ships using it. Ships are controlled by propellers and rudders at the stern. Some ships are also equipped with bow thrusters or bow and stern thrusters, which aid in control, especially at low speeds. Often, one or more tugs are needed to assist ships in some phases of entering and leaving a port.
Vessel operations during navigation channel deepening are required to enhance safety, efficiency, and productivity of waterborne commerce in ports and harbors. Shallow-draft projects embody similar concerns and often public recreational access as well. The following as related to Vessel operability is important in channel maintenance work:
Navigation system- this include the following port harbor operations:
i. Waterway engineering: Navigation channels, environmental factors, dredging and mapping services, shore docking facilities.
ii. Marine traffic: Operational rules, aids to navigation, pilot and tug service, communications, and vessel traffic services.
iii. Vessel hydrodynamics: Vessel design, maneuverability and controllability, human factors, navigation equipment.
7.2 Inland waterway channels requirement - Waterway channel involve the sizing of vessels that will transit a waterway, Maintenance dredging Capacity - sediments output and estimates with clear objective to reduce channel delay accepts big ships; need to be done in environmental sustainable manner and optimal efficiency (economically). Quantification of channel require quantifying depth that pave wave for dredging requirement to be determined and this lead to optimal choice of dredger .generic analysis of navigation and environmental and sediment , with Iterative process and allowance discounting discussed under the case studies in taking account of impacts to channel during operations and during construction.
Navigation, coastal and geotechnical engineers have a very pronounced problem in regards to this - past design in human activities has been based on aftermath assessment of calamity where engineers have dealt with the high level of uncertainty by conservatively assigning or specifying much larger capacities than the projected demand. This ratio of capacity to predicted demand is the classical safety factor approach, which requires significant experience levels to be done right.Complementing, sustainable maintenance balancing wok is also Aids to Navigation / Navigation Information. Channel dimensioning requires channel depth and width characteristics:
i. Channel Depth Characteristics - Channel deepening is considered more important by channel designers, economists and mariners alike.
ii. Channel Width Characteristics - The main characteristics of a channel width may be grouped into the following general categories:
a. Channel Layout (i.e., plan view path characteristics such as straight and curved sections)
b. Channel Cross-Section (hydrodynamic characteristics such as depth, width, and side-slopes) many factors feed into the determination of the dimensions and specifications of channel characteristics
The quality of aids to navigation, type of channel cross section, and current strength impact the required width, experience with ship simulator studies has indicated that traditional channel width design criteria are overly conservative. Navigation is more difficult when channel cross section (overbank depths, channel depth and width) varies significantly. Bank effects and currents become less predictable and extra care is needed for vessel control. Traditional guidance for channel width is the same as for deep-draft channels.
7.3 Environmental sustainability and IWTS - Sustainability under UN definition emphasize on 4 tier balancing environment, economics, social and development issue that occupied man, the environment he inherited his survival, and reliability on continuity of the planet for the right of future generation. maritime industry need to adjust to the ways we do things in a world of sensitivity being characterized by sustainability, capacity building, efficiency, optimization of development, practice and operations that meets the needs of the present generation without compromising the ability of future generation to meet their need. Environmental sustainability - “environmental issues” under what surround us, As well as difficulties associated with changes to the bathymetry due to dredging or as a resulted in changes in water currents or other oceanographic effects or as result of sediment transport and need maintain n them ,sustain our living and existence and purpose associated with them. Require historical as well as recent and predictive datasets system and “Now casts” and predictions of these parameters with the use of numerical calculation models that can provides real-time information about water levels, currents, and other oceanographic and meteorological data from bays and harbors, are available.
7.4 Transportation Hybrid Process Requirement – Making Transportation Smarter - Hybridizing transportation system will involve:
Development of a conceptual standard for Ship Control Centre (SCC) Design-
Development of Advanced Information Processing that will enhance efficiency, and safety including human performance by integration of information and improvement of decision support methods.
Verification of Conceptual Standard for SCC and risk of solution accountability for Design vs, Efficiency and Safety in combination with increased user satisfaction. Safety assessment, the risk of a collision, supports interoperability and interconnectivity.
Conceptual Standard for ISC Systems including use of components for a future standard on ISC systems, including guidelines for the preparation of companion standards and conformance classes.
Harmonized Human-Machine Interface (HMI), towards contribution to the safety and efficiency improvements measured in the project.
Standardized Process Network including use of tools required for network performance prediction, reliability as expressed
8.0 Conclusion
Summing it up, building hybrid integrative transportation system that combines land road-water resources is indeed a challenge. To achieve success in such transportation artifact, providing the value and benefits require setting of high goal objectives that can be achieved within designated time, cost benefit should be clearly defined and performance problems and lifecycle issues should be well addressed, risk mitigated. Information transparency and information sharing through dissemination forum should be planned. The fact that environmental issue is of global warming, climate change and ozone depleting is driving today technology touché inland water transportation system were discussed. Need to adopt new transportation strategy warranted and incorporating old transportation system with sustainable Inland Water Transportation that mitigate environmental, technical , economic, social, safety , ecological requirement under integrative integrated transportation system will provide reliable Inland Water Transportation System aggressively growing state should adopt smart multimodal planning for sustainable transportation.
9.0 References
1. Rackwitz, R. “How Safe is Safe enough? An Approach by Optimization and Life Quality Index”. Proceeding of ASTRANET Conference , 2002
2. B.M.Abbas. River basin development. Tycooly,Dublin,1983
3. “Technology development for Environmentally Sound Ships of the 21st Century”. An International Perspective. Journal of Marine Science and Technology, Vol. 1, No.3, 196.
4. Pittock, B., D. Wratt et al., Australia and New Zealand. In “Climate Change 2001: Impacts, Adaptations, and Vulnerability”. Contribution of Working Group II to the Thirds Assessment Report of the International Panel on Climate Change. 2001: Chapter 12.
5. Laurel Gascho, Henrike Peichert, and Sarah Renner “Malaysia /Referral & Comparative experiences / Inland Waterway Transportation System” Environment and Poverty Networks, February, 2006
8. Illinois State Water Survey, Department of Energy and Natural Resources, “Impacts of Commercial Navigation on Water Quality in the Illinois River Channel”, Champaign, IL, 1992.
9. Eastman, S.E. “Fuel Efficiency in Freight Transportation”, The American Waterway Operators, Inc., Arlington, VA, June, 1980, p.7.
10. National Waterways Foundation. “U.S. Waterways Productivity”. A Private and Public Partnership, Huntsville, AL, 1983, PP* 165-167.
14. U.S. Army Corps of Engineers, Institute for Water Resources, Water Resources Support Center, National Waterways Study, “Analysis of Environmental Aspects of Waterway Navigation”, Review Draft, Fort Beloit, VA, April 1980, p227.
15. Broils, J.U., “New European norms for size of waterway urgently needed. Hinterland ports” ,Rotterdam Europort Delata,1967
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Health Insurance Plans and Recruiting Star Candidates
Employee health insurance is health care that is provided by an employer. When a company provides these health insurance benefits, they pay for all or part of the health insurance premiums for their employees. As of today, employers are not required to provide health insurance coverage to employees but this may change in the near future. Health insurance is typically a matter of agreement between an employer and employees.
By definition, health insurance coverage is an employee welfare benefit plan established or maintained by an employer or by an employee organization like union, or both. They provide health care for participants and their dependents through insurance coverage or reimbursement.
There are certain employee benefits that are mandated by law. These include overtime, minimum wage, leave under the Family Medical Leave Act, workers compensation and disability, as well as unemployment. There are other types of employee benefits available that employers are not required to offer to their employees, but some do make the choice to provide them as well.
Offering health insurance plans to potential employees is one way to gain a competitive advantage in recruiting star candidates. Here are four reasons why:
1.) Because group insurance plans often cost less per person than individual policies, employees effectively earn more when they receive health coverage instead of equivalent wages. The following comparison demonstrates this advantage:
- Employee "A" is paid $37,000/year and has to purchase individual coverage at $600 per month.
- Employee "B" is paid $31,000/year and receives group health insurance that the employer pays $500/month for.
Both individuals cost the employer the same amount, but employee "A" has $1,200 dollars less yearly income after health insurance costs. Keep in mind that the extent and availability of this advantage varies depending upon the membership and group size.
2.) Most employment candidates find it more convenient and affordable to receive health coverage through their employer, rather than having to look for a suitable individual insurer. It is also much easier to become covered by a group insurer; applications for individual insurance are much more likely to be rejected.
3.)Great health insurance plans can not only be helpful in recruiting star candidates, but in retaining them as well. People remain less likely to leave a job if it provides good health coverage. Another advantage is that companies will save time and money on training and recruiting when them employees stay with the company longer.
4.) When potential employment candidates read in recruiting advertisements that medical coverage is included, they will feel that the position in question is considered important by the employer. Candidates also will not worry about finding an individual insurer and getting accepted. Each of these factors add up to give your organization or business a competitive advantage in recruiting star candidates, compared to companies which do not offer employee health coverage plans.
About the Author
Rickey Pearce, an insurance agent, understands how important having the proper insurance coverage can be.Rocky Mountain Health Plans offers an affordable Colorado Health Insurance to state residents and employers. To view some of the most extensive varieties of individual and group health insurance plans and options available, visit Rocky Mountain Health Plans today!
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Phuket Governor Wichai Phraisa-ngop told a law enforcement committee at Provincial Hall on May 26 that locals and tourists would be keenly following the tournament, not only for the love of the game, ...
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The Concept of Group of One Health Insurance
Small business forms the backbone of our economy. It is rather interesting then to realize what a raw deal small business gets. A classic example is the brutally difficult time a self-employed person with a pre-existing condition has trying to get health insurance. If you are lucky, some states have a concept known as a group of one that can help.
Health insurance companies are in business to make money. People seem to forget this. I am not standing up for these companies. They do some pretty brutal things in my opinion, but people need to remember they are businesses. As businesses, they don’t want to ensure someone they know is going to cost them a bundle. No business wants a customer like that. Self-employed individuals with pre-existing conditions are, unfortunately, just that.
The “group of one” health insurance option is a real winner. It is based on the idea that a person cannot be denied coverage because of a pre-existing condition under a group policy. For instance, a person with a heart condition who works for Google cannot be denied coverage under their plan. In states that allow it, you can actually purchase group plans for your self-employed business and then join your own group. It sounds strange, but it works.
Are there any downsides to this strategy? Yes, there are a few. First, the group of one concept is so despised by insurance companies that a law has to be passed before they will submit to it. So far, only 12 states have it - Colorado, Connecticut, Delaware, Hawaii, Maine, Massachusetts, Michigan, Mississippi, New Hampshire, North Carolina, Rhode Island and Vermont. If you live in another state, the group of one strategy cannot be used.
The second problem is the timing of coverage. While the 12 states above will allow the group of one concept, the coverage can be limited at first. A not uncommon regulation is the insurance company can avoid coverage on the pre-existing condition for the first six months of the policy. For individuals with ongoing health problems, this is a huge problem.
Is group of one health insurance the answer for individuals seeking health insurance with pre-existing conditions? Yes, if you live in one of the 12 golden states that allow it.
About the Author
Mark P. Warner is with BestPlaceToBuyHealthInsurance.com - where you can located the best place to buy health insurance on the web and information to make sure you get the best deal.
Healthy Monday: Looking at the Possible Dangers of BPA
A new study suggests folks are exposed to what is believed to be a dangerous chemical called Bisphenol A from things that might be in your own kitchen. Also known as BPA, the chemical has been under scrutiny in recent years. Some people go so far as to say it's toxic. Garden City Lawyers Employment Labor Law Attorneys New York
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Parkinson's Law in I.T.
"As computer hardware capacity increases, software becomes more bloated."
- Bryce's Law
INTRODUCTION
Ever wonder why our computers typically last no more than three years? Many contend it is because of the fast pace of technological advancements. Maybe. But I tend to believe there is a little more to it than just that, namely "Parkinson's Law." For those of you who may have forgotten, "Parkinson's Law" was devised by C. Northcote Parkinson, noted British historian and author. His original book, "Parkinson's Law: The Pursuit of Progress," was introduced in 1958 and was a top-selling management book for a number of years (it is still sold today). The book was based on his experience with the British Civil Service. Among his key observation's was that "work expands so as to fill the time available for its completion." Basically, he suggests that people make work in order to rationalize their employment. Consequently, managers create bureaucracies and superfluous work to justify their existence, not because it is really needed.
As an aside, CEO's clearly understood Parkinson's Law, which became the driving force behind the flattening of corporations in the 1990's, such as General Electric under Jack Welch's reign.
AS APPLIED TO INFORMATION TECHNOLOGY
Whereas Parkinson was primarily concerned with people, his law is equally applicable to machines, particularly computers; for example, Parkinson's Law can be applied to computing in terms of "Data expands to fill the space available for storage." Years ago I had a Compaq Presario computer with 50mb of disk space, which I considered substantial at the time. I never dreamt I would be able to fill up the hard drive. But, of course, I did (as well as other PC's I have had over the years). My current PC has a hard drive with a capacity of 224gb and though I'm a long way from filling it up, inevitably I know I will for two reasons: I now feel more comfortable with downloading large multimedia files (MP3, AVI, WMV, etc.), PDF files, data base files, and other larger file formats, and; Second, because developers have become sloppy in programming.
Back when memory and disk space were at a premium, there was great concern over the efficient use of computer resources. Program code was written very tightly and consideration was given to file size. For example, establishing a simple file index was scrutinized carefully. But as the computer capacity grew and hardware prices declined, developers became less interested in efficient programming. To illustrate, not too long ago packaged software installation programs were delivered on 3.5" diskettes. Today, it is not uncommon to use multiple CD's to install the same products. This means that as computer hardware capacity increases, software becomes more bloated. This is but one example of Parkinson's Law as applied in computing.
An another example, let's consider data transmission lines as used in networking. It doesn't seem long ago we were using 14.4 baud modems over telephone lines. I remember when we doubled the speed to 28.8 and then 56.4. It seemed like the sky was the limit with every increase. But eventually performance seemed to slow to a crawl. Was it because the technology was aging or was it because our web pages were becoming bigger and more complicated requiring greater data volume over the lines? Frankly, it was the latter. Today, DSL and cable are commonplace in households as well as in business and "dial-up" is rapidly becoming a thing of the past. But as data volume increases with the number of subscribers, will we ever hit a wall in terms of capacity with DSL and cable? Undoubtedly. Again, more due to Parkinson's Law then anything else.
Make no mistake, computer hardware and software vendors are acutely aware of the role of Parkinson's Law. It is what allows them to build-in planned obsolescence into their products. As consumers reach capacity, they can either add additional capacity or, more likely, purchase new computers.
There is undoubtedly an incestuous relationship between hardware and software vendors. Hardware enhancements are primarily implemented to increase capacity in order to overcome software inefficiencies, and software vendors make their products more bloated as hardware enhancements are introduced. To illustrate the point, is it a coincidence that every major release of Windows requires additional hardware support? Hardly. This is done more by design than by accident.
CONCLUSION
Parkinson's Law is just as much a part of computer technology as it is in the corporate world. But what would happen if we decided to "flatten" computer technology in the same manner that Jack Welch flattened G.E.? Keep in mind, Welch did so to eliminate bureaucracy and force his workers to become more efficient and focus on the true problems at hand. By flattening the "bloatware" we would probably get a lot more mileage out of our computers. But I guess that wouldn't be good for selling computers (or the economy).
I guess Parkinson's Law and the viscous circle of computing will be with us for quite some time.
About the Author
Tim Bryce is the Managing Director of M. Bryce & Associates (MBA) of Palm Harbor, Florida, a management consulting firm specializing in Information Resource Management (IRM). Mr. Bryce has over 30 years of experience in the field. He is available for training and consulting on an international basis. His corporate web page is at:
As investigators specializing in the insurance industry, L&W Investigations marches to the beat of a different drum in both its approach to investigations and business. The company’s recent buy back of three of its franchises—Philadelphia, Utah and Montana—demonstrates L&W’s commitment to providing service to local clients but with national capabilities.
“We bought back these three locations for two major reasons,” said Neal Lyons, CEO and chairman of L&W Investigations, Inc. “The first is that as an organization, we wanted to invest in our own growth, our own potential. The expanding profit from these offices will help fund our continued success. Second, by having ‘company’ offices, we are ‘in’ the business and have a street-level understanding of the day-to-day challenges of our franchisees. This will help us respond better to those ever-shifting trends and hurdles.”
With 35 locations nationwide in 23 states, the five-year-old company typically employs three to eight investigators at each office. While many traditional “mom and pop” investigative firms are typically a haven for retired law enforcement officers who treat the job more like a hobby, L&W employs seasoned investigators who specialize in investigating insurance fraud cases. All L&W investigators go through extensive training and have access to the most state-of-the-art surveillance equipment.
“It may be a small world in a figurative sense, but when you’re conducting surveillance and performing other investigative work, the world is a pretty big place. By having offices in 35 markets, including these three territories we just bought back, we have the coverage that other investigation firms don’t have. That keeps costs down for our clients and gives them better service because the investigators on that portion of their case are working on their home turf,” noted Lyons.
L&W works with a variety of organizations-- insurance companies, third-party administrators, self-insured companies, law firms and municipalities—on fraudulent workers compensation, disability, liability, auto and property claims. L&W’s offerings include:
? Surveillance
? Statements
? Activity/Disability Checks
? Asset/background investigations
? Medical audits/clinic inspections
“Our client base consists of global, multi-billion dollar companies and we treat them as such. That goes for everything from online access to status reports on investigations to rush services at no extra charge. By adding more offices, we’re simply enhancing the level of service we already offer,” said Lyons.
For more information on L&W Investigations, Inc, you can call their corporate offices at (508) 616-9370 or visit the Web site at www.lwinvestigations.com.
Not your everyday investigations firm
With 35 offices in 23 states, L&W Investigations, Inc. specializes in fraudulent insurance claims. In addition to nationwide coverage, L&W investigators are highly trained specialists equipped with state-of-the-art surveillance technologies and other advanced systems to provide second-to-none results and service. That includes online case status reports, video delivery by digital download or CD, DVD or VHS tape, rush services at no extra charge and much more.
Current offices are located in Arizona (Phoenix); California (Los Angeles, Riverside, Ventura) Colorado (Boulder); Florida (Miami, Ocala, Orlando, Tampa); Georgia (Atlanta); Hawaii (Honolulu); Idaho (Boise); Illinois (Chicago); Kentucky (Louisville); Maine (Portland); Massachusetts (Boston); Minnesota (Minneapolis); Missouri (St. Louis); Montana, (Missoula); New Hampshire (Nashua); New Jersey (New Brunswick); New Mexico (Albuquerque); New York, (Long Island); North Carolina (Charlotte, Raleigh); Oregon (Portland); Pennsylvania (Philadelphia); Rhode Island (Providence); South Carolina (Charleston); Tennessee (Nashville, Memphis); Texas (Houston, San Antonio, Dallas); Utah (St. Lake City); Vermont (Burlington); Virginia (Arlington); Washington (Seattle, Spokane); Wisconsin (Madison; as well as Puerto Rico (San Juan) and the Caribbean islands; and Canada (Toronto).
Franchise locations are still available and the company has set a manageable growth plan at 15 new units per year.
For additional information, visit the Web site at www.lwinvestigations.com or contact L&W’s corporate headquarters located in Westboro, Massachusetts, at (508) 616-9370.
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No Workers Comp? Go to Jail! Go Directly to Jail!
Part 1 of a series: The 6 things employers MUST know about workers comp insurance
Having just returned from the annual Pennsylvania Workers' Compensation Practice and Procedure symposium, it's evident that the only constant in the workers comp arena remains what a huge headache it is for employers. Sure, the price for workers' compensation insurance has been declining recently, but proper compliance remains a challenge. These are not minor issues folks. Screw up here and you may find yourself out of business, in jail, or both!
Because I have with both the insurance industry and the legal profession, I am occasionally conflicted about what the right answer ultimately is in any particular employer / employee situation. However, if you employ people, you absolutely MUST carry workers compensation insurance. No exceptions, unless of course your employees are all Amish.
The requirement
The Pennsylvania Workers' Compensation Act mandates that employers pay for the medical bills of workers who suffer a job related injury or illness. If the employee is unable to work due to the injury, wage loss benefits are also required until the employee is able to return to the job. If the worker is killed or later dies, death benefits are paid to the worker's dependent survivors. The employer has the choice of buying coverage to pay for these benefits from a private insurance company, from the State Workers Insurance Fund (SWIF), or self-insuring.
The Pennsylvania Department of Labor and Industry website outlines who is subject to the requirements of the Act:
The requirement to insure workers' compensation liability is mandatory for any employer who:
a. Employs at least one employee who could be injured or develop a work-related disease in this state, or
b. Could be injured outside the state if the employment is principally localized in Pennsylvania, or
c. Could be injured outside the state, while under a contract of hire made in Pennsylvania, if the employment is not principally localized in any state, if the employment is principally localized in a state whose workers' compensation laws do not apply or the employment is made outside the United States and Canada.
Some employers foolishly don't think this applies to them if they use seasonal or part-time workers. Not true. It also doesn't matter if the business or organization is a non-profit, partnership, corporation, LLC, sole proprietorship, etc...
What if I "blow off" the requirement?
The short answer is that you can incur both civil and criminal liability. Section 305 of the Pennsylvania Workers' Compensation Act states that an employer's failure to insure its workers' compensation liability is a criminal offense. Every day an employer fails to insure is a separate offense. Depending on the circumstances, the crime will either be classified as a third-degree misdemeanor or a third-degree felony. So what does all that mean? In Pennsylvania, a third-degree misdemeanor conviction can get you a $2,500 fine and up to one year in jail for every day you are non-compliant with the Act. A felony conviction can result in a $15,000 fine and up to seven years imprisonment for each day of non-compliance. Not enough to convince you yet? Not only does an uninsured employer face criminal charges, the employer is subject to civil liability as well. An injured employee can now sue the employer for work-related injuries or diseases. Such suits are normally barred if the employer maintains workers' compensation insurance. Furthermore, it is very likely the employee will win an amount that is much higher than they would have been awarded under workers' compensation. The court will also require the employer pay court costs and the cost of prosecuting the case. OUCH! A recent example of what can happen.
On January 22, 2008, a local roofing company and its owner, each pled guilty to nine misdemeanor counts of the third degree in the Bucks County Court of Common Pleas for failing to insure its workers' compensation liability. The owner was given seven years of probation and also had to pay restitution in the amount of $93,108.06 to an injured employee and payment of the cost of prosecution. The company was also sentenced to pay restitution and prosecution costs. The company is out of business.
They'll never catch me?
Maybe. Maybe not. But did you know that if one your competitors' thinks you are operating without workers' compensation insurance they can have you investigated? Not a bad deal. Pick up the phone, call Labor and Industry, and eliminate the competition. I don't know about you but I wouldn't want my future in the hands of an adversary. Quite frankly, with workers' compensation insurance being readily available at historically reasonable prices, there is simply no reason to risk criminal and civil penalties for non-compliance.
About the Author
Eric D. Patrick, is an attorney and Chief Operating Officer of Consumers Insurance Agency Inc. http://www.consumers-insurance.com . He is involved in two law practices and does insurance and legal consulting through his RiskAssure Consulting Group http://www.ThatsNotCovered.com . Please contact him for further information.
Introduction To State And Federal Labor Law Poster Requirements
Every employer in the US, with 2 or more employees, has an obligation to display the current State and Federal Labor Law Posters. These are designed to present important information in a clear format for employees and must be displayed where they can be easily seen by all workers, for example in a break room or near the main entrance.
While most businesses will be required to post the same posters, the specific that your company will need to display varies depending on the type of business that you run, for example a construction company may have different law requirements to a legal firm. Some of them do not need to be displayed if they do not apply to your company because, for example, you do not have the required number of employees. Whatever the size or type of your business it is mandatory that you display all of the correct law posters that are applicable for your premises.
These law posters must be displayed in a language that can be understood by all employees. If a single employee does not write or speak English, these must be displayed in a language they do understand. They cover all aspects of employee rights. Occupational Safety and Health Administration (OSHA) posters detail important health and safety information about the workplace, as well as outline the proper procedures for reporting any concerns about related work conditions. While The Department of Labor issues law posters covering content such as minimum wage, disability rights, family leave and other important legal topics for employees.
Since the labor laws vary from state to state, in addition to Federal laws there are also unique State law posters. These outline any labor laws that are specific to your particular state and must be displayed alongside the other laws applicable to the entire U.S.
As laws are constantly being revised and changed, it is also important that you display the most recently updated laws. The latest 2010 Labor Law Posters should replace any older versions within your workplace immediately in order for you to continue to meet the mandatory compliance regulations.
Purchasing Osha4Less's 2010 Poster Compliance solution will mean that you will automatically be sent the latest updated laws for the remainder of 2010, so you never have to worry about being out of date with your compliance.
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Dodd and Geithner should resign
By MICHAEL WEBSTER: Syndicated Investigative Reporter March 20, 2009: 11:00 AM PST
AP - Senate Banking Committee Chairman Sen. Christopher Dodd, D-Conn. listens to witness testimony on Capitol Hill
WASHINGTON - Senate Banking committee Chairman Christopher Dodd and Treasury secretary Timothy Geithner should resign according to some members of Congress and many members of the public. Senator Dodd first dined any knowledge that the executive-compensation restriction bill he authored which limited executive bonuses at AIG was removed by him or his people.
While the Senate was constructing the $787 billion stimulus bill last month, Dodd added an executive-compensation restriction to the bill. The provision, now called "the Dodd Amendment" by the Obama Administration provides an "exception for contractually obligated bonuses agreed on before Feb. 11, 2009" -- which restricted the 170 million in AIG bonuses.
Senator Dodd however just day before yesterday told the news media that he was not responsible for adding the last minute bonus loophole into the stimulus package. Dodd's original amendment did not include that exemption, and the Connecticut Senator denied inserting the provision.
Than Senator Dodd yesterday reversed himself by admitting to the news media that he was responsible for adding the amendment that permitted AIG and other companies that received bailout funds to pay bonuses.
Dodd acknowledged that he had "reluctantly" agreed to amend legislative language designed to limit executive compensation for companies receiving federal bailout money -- a change that ultimately permitted insurer AIG to pay millions in bonuses. Sen. Dodd now claims Treasury forced him to add language to the stimulus bill.
In addition to that Sen. Dodd was AIG's largest single recipient of campaign donations during the 2008 election cycle with $103,100, according to opensecrets.org . AIG's largest offices ( troubled derivatives branch) is based in Connecticut Dodd's home state. Many of the bonuses in question were awarded to executives at that branch.
AIG, an ailing insurance giant, has received more than $170 billion in federal assistance. Taxpayers now own nearly 80 percent controlling interest of AIG, but apparently have no say in the management or any control over the company as other share holders do across the nation. According to at least one legislator no one seems to know why that is.
Chairman Dodd said it was the Obama administration. Evidently meaning the Treasury Department and apparently Treasury Secretary Timothy F. Geithner who insisted and pushed for changes to the executive compensation restrictions that allowed AIG to issue millions in bonuses that have set off a public outcry.
The change to Dodd's amendment allowed AIG to hand out the bonuses and sparked a blame game between Dodd and Treasury Secretary Timothy Geithner.
Dodd's original amendment did not include that exemption, and the Connecticut Senator had denied inserting the provision.
"I can't point a finger at someone who was responsible for putting those dates in," Dodd told the media. "I can tell you this much, when my language left the senate, it did not include it. When it came back, it did."
"Because of negotiations with the Treasury Department and the bill Conferees, several modifications were made," Dodd Spokesperson Kate Szostak told reporters.
The provision excluding those bonus payments made it into the final version of the bill, and is now law.
Timothy F. Geithner during a hearing before the House Financial Services Committee in July.
Photo: Alex Wong/Getty Images
Treasury Secretary Geithner believed a major player and perhaps master minded the forcing of the removal of the last minute language changes in the bill. According to news reports Geithner failed to pay his own taxes and was repeatedly advised in writing by the International Monetary Fund that he would be responsible for any Social Security and Medicare taxes he owed on income he earned at the IMF between 2001 and 2004.
Mr. Geithner who was the president of the Federal Reserve Bank of New York which headquarters the financial industry has all year been at the center of the worsening economic crisis. Mr. Geithner, 47, for weeks has been the subject of controversy with many wondering if he is the right man for the job. The all powerful Treasury secretary, has been put in charge of hundreds of billion of dollars of tax payers money for financial bailout programs.
Mr. Geithner, worked closely with his boss Treasury Secretary Henry M. Paulson Jr. and Mr. Bernanke at the Federal Reserve Bank helping to design and develop the Trillion plus economic rescue for banks and other financial institutions, an effort that was to reassure financial markets and bring back the economy and contain the credit crisis. Many Americans are outraged that President Obama picked Geithner a Bush administration financial insider and obviously pro Wall Street, and who would likely continue the Bush same type bailouts with little if any consideration for main street the general public Who of been lift holding the bag and having to cover the outrages creed of Wall street with there tax money.
Mr. Geithner as Treasury Secretary is over the Internal Revenue Service and is now in a position to say "do as I say not as I pay".
Mr. Geithner according to government documents didn't make any Social Security or Medicare tax payments on his income during the years he worked for the International Monetary Fund, part of the world Bank. He also employed an illegal immigrant housekeeper who lacked work papers. After the IRS audited him in 2006 and discovered the payroll-tax errors, Mr. Geithner corrected them for 2003 and 2004. But only after Mr. Obama picked him for Treasury secretary last fall did Mr. Geithner pay the Social Security and Medicare tax he owed for 2001 and 2002.
Sen. Christopher Dodd, D-Conn., said an amendment to the economic stimulus legislation that he authored was not intended to protect the troubled insurer, and he denied knowing about the controversial bonus program until last week.
"I did not want to make changes to my original Senate-passed amendment but I did so at the request of administration officials, who gave us no indication that this was in any way related to AIG," Dodd said in a statement released by his office.
AIG's payment of $165 million in bonuses has set off a firestorm on Capitol Hill and around the country. AIG Chairman and CEO Edward Liddy was grilled by lawmakers for hours on Wednesday over the payments, and the executive said the company would ask bonus recipients to give back at least half the funds.
Increasing attention is being paid to what and when policymakers knew about the payments. Liddy was repeatedly asked during a House subcommittee hearing whether the Federal Reserve and now Treasury Secretary Timothy Geithner were aware of the bonus program last year.
An executive at mortgage giant Countrywide overrode the company's loan-writing policies to give a discount to Dodd, the powerful chairman of the Senate banking committee, according to an internal Countrywide document turned over to congressional investigators.
Dodd, who refinanced two mortgages with Countrywide in 2003, has said that he did not know that he had been placed in a special group of customers known as "Friends of Angelo" - a reference to Countrywide CEO Angelo Mozilo - or that he might have received preferential loan terms.
By contrast, Thursday's report by Republican members of the House Committee on Oversight and Government Reform describes a freewheeling program in which Countrywide loan officers gleefully boasted to other VIPs that Mozilo had personally authorized discounted rates and fees.
The report also concludes that Dodd and another senator, Kent conrad, D-N.D., "appear to have violated" Senate ethics rules related to accepting gifts and loans not generally available to the public.
Bryan DeAngelis, Dodd's press secretary, disputed that conclusion.
"There is no new information from today's report. As the senator said in February, when he made all the documents public related to the refinancings of his 2003 mortgage loans, the Dodds acted properly in their mortgage refinancing negotiations," DeAngelis said. "They did not seek or expect any special rates or terms on their loans and they never received any. Furthermore, as both the materials he provided and an independent report showed, the rates and terms they did negotiate were widely available in the market when they refinanced."
Although the 63-page congressional report includes little new information on Dodd's deals, its release Thursday is more unpleasant news for the Democratic senator, who has been buffeted for months by politically damaging revelations.
He has also faced questions about past real estate deals in Washington, D.C., and Ireland.
But Dodd's political troubles began with the Countrywide deal, and assertions that one of the nation's top banking overseers had received favors from a key player in the subprime mortgage meltdown.
An internal "Loan Policy Analysis" of Dodd's mortgages shows that Countrywide's underwriting rules called for an interest rate of 4.875 percent on both loans, with fees equal to three-eighths of a point on one loan, and a quarter-point on the other. A point is equal to 1 percent of the borrowed amount, and for both mortgages, those up-front fees would have totaled about $2,500.
But the computerized record includes a second column showing what Dodd and his wife, Jackie Clegg, were actually charged. In that column, the points had been eliminated.
According to investigators, Countrywide's computer system required a manual override to implement loan terms more favorable than the company's standard underwriting policy. In Dodd's computer files, in a column labeled "Reason For Override," is the designation: "CMD Approved" - which investigators say is shorthand for approval by a Countrywide managing director. Similar overrides are noted in loan documents for many other VIPs, investigators said.
Last month, Dodd allowed reporters to review more than 100 pages of mortgage documents for his homes in East Haddam and Washington, D.C., but did not permit them to make copies. A spokesman for Dodd said that the Loan Policy Analysis was among the records reporters were permitted to review. But none apparently recognized its potential significance.
Dodd also announced last month that he would refinance the loans with another lender.
In a government investigation report recently released concludes that officials at Countrywide gave special loan deals to thousands of VIPs - from Washington politicians to Hollywood celebrities - as part of an aggressive campaign to curry favor and extend the company's influence.
From U.S. senators to a mayor in Montana and former TV sidekick Ed mcMahon, Countrywide gave breaks to the well-connected and the well-known, often coolly discussing in e-mail exchanges whether a customer's political juice justified the discount.
In an internal e-mail, a Countrywide managing director hesitates to cut a break for the mayor of Billings, Mont. "I'm usually in favor of settling on the side of the borrower with political influence," the official wrote, before concluding that the money at stake "has the potential of being a greater number than the Mayor of Billings Montana influence."
But a higher-up, noting the mayor's leadership role with the U.S. Conference of Mayors, approved the discount.
It was an easier call when loan officers learned that an applicant was the brother-in-law of an aide to a senior member of the House Financial Services Committee.
"Put this one in a 'moderate VIP' status," a Countrywide executive instructed in an e-mail. "The Hill staffer is very important to us."
In addition to politicians and government officials, other prominent Countrywide clients given special deals, according to the report, included actors and Uma Thurman; a deputy in the Los Angeles County Malibu, Calif., sheriff's department; and Margaret Warner, a correspondent for "The NewsHour with Jim Lehrer."
In a new statement today from Sen. Dodd he says "I'm the one who has led the fight against excessive executive compensation, often over the objections of many. I did not want to make any changes to my original Senate-passed amendment but I did so at the request of Administration officials, who gave us no indication that this was in any way related to AIG. Let me be clear - I was completely unaware of these AIG bonuses until I learned of them last week.
"Reports that I changed my position on this issue are simply untrue. I answered a question by CNN last night regarding whether or not a specific date was aimed at protecting AIG. When I saw that my comments had been misconstrued, I felt it was important to set the record straight - that this had nothing to do with AIG.
"Fortunately, we wrote this amendment in a way that allows the Treasury Department to go back and review these bonus contracts and seek to recover the money for taxpayers. Again, I have led the fight to curb excessive executive compensation, and will continue to do so."
About the Author
Michael Webster's Syndicated Investigative Reports are read worldwide, in 100 or more U.S. outlets and in at least 136 countries and territories. He publishes articles in association with global news agencies and media information services with more than 350 news affiliates in 136 countries. Many of Mr. Webster's articles are printed in six working languages: English, French, Arabic, Chinese, Russian and Spanish. With ten more languages planed in the near future.
Mr. Webster is America's leading authority on Venture Capital/Equity Funding. He served as a trustee on some of the nation's largest trade Union funds. A noted Author, Lecturer, Educator, Emergency Manager, Counter-Terrorist, War on Drugs and War on Terrorist Specialist, Business Consultant, Newspaper Publisher. Radio News caster. Labor Law generalist, Teamster Union Business Agent, General Organizer, Union Rank and File Member Grievances Representative, NLRB Union Representative, Union Contract Negotiator, Workers Compensation Appeals Board Hearing Representative. Mr. Webster represented management on that side of the table as the former Director of Federated of Nevada. Mr. Webster publishes on-line newspapers at www.lagunajournal.com and www.usborderfirereport.com and does investigative reports for print, electronic and on-line News Agencies.
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Qualities of an Ideal Denver Limousine Provider
Wedding, corporate party, company outing, you have a row of social commitments to accomplish, so this is the best time to hire a Denver limousine service or Denver cab service. However, take extra care and attention in choosing a limousine provider.
Limousines are undeniably the most glamorous vehicle for special occasions but dangers could lurk at this popular car. Let’s say the company isn't properly registered or insured and the driver isn't properly licensed, there are great chances of accidents and displeasure. What’s worse is, one could perish his/her life in the hands of an unlicensed limo provider and its reckless driver.
Sure, you want the best price and the most attractive vehicle but your safety should always come first. Part of this safety preparation is knowing the limo driver. A cautious driver is concerned about his passenger’s safety more than his. He is cautious and observant, always paying attention to his surroundings and ready to anticipate any problems. Here are the other traits of an ideal limousine driver: • A safe limo driver follows the law at all times. A driver of an airport limo in Colorado stops at intersections and knows when to give way to pedestrians. He never parks on prohibited areas and never fights with other drivers.
• You are paying for a limousine service, which should give you certain liberties. However, a cautious driver does not tolerate any dangerous or unlawful activities inside the vehicle. He wears his seatbelt all the time and encourages his passengers to do the same. He limits drinking inside the car and insists that the doors remains closed until the vehicle comes to a stop. He prevents his passengers especially minors from carrying drugs and weapons inside the limousine or Denver town car service
• In many cases, a limousine service will drop off its passengers and then pick them up at an appointed time. But what if you suddenly need to get home? A reliable limo driver is always accessible since he carries a cell phone. Even if you don’t have his number, you can call his employer so they can get in touch with him.
• The law might only require a limousine service to carry liability insurance in certain states, but a safe limo driver is fully insured. This includes personal injury insurance should his passengers be injured in an accident. You’ll feel much safer riding on a limousine service that is fully insured. This law also applies to a taxi cab in Denver
• Maintenance is another very important factor limousine providers should consider. They should see to it that their vehicles are in good running condition at all times. To ensure this, they should change the oil, rotate the tires, conduct safety inspections, and take the car in for regular evaluation. Your limousine service should allow you to inspect its maintenance records any time.
• A safe limo driver will listen to traffic news as often as possible to know where accidents have occurred. This allows him to get his passengers to their destinations on time while avoiding dangerous routes.
[mage lang="" source="flickr"]employment law pay slip[/mage] Dodgy Paye and deduction in wages?
Hi
My husband has just recieved less than half of his salary for the last month and doesn't know when he might get the rest. He also recieves payslips that don't corrispond with his pay (what is actually paid into our bank account) and is owed a back log of overtime (which is very hard to proove). He has decided to leave his job and will be handing in his notice. It looks like his company is in quite serious financial trouble. What Im wondering is if there is any way to make them pay up? I've tried Acas and although he can go for constructive dismissal it has a very low success rate and Acas said its not worth it. We are prepared to go down any route and use anything as a threat to just get the money. Was thinking of threatening to speak to Inland rev about the pay slips but not sure how serious the repercussions would be?? Any suggestions greatly apprecitaed as it seems that employment law does not really offer alot of help!
Any complaint to HMRC will probably result in an enquiry being made into employer's tax affairs. Your husband will not be told of outcome, that is confidential between employer and HMRC. HMRC can make employer pay any underpayment caused by their non-compliance of the rules. It won't get husband his overtime payment. HMRC can charge tax on income received, but not on unpaid wages owed. PAYE (Schedule E tax) is charged on when money received, not the period for which it is due. I don't know if solicitor's letter would be worth trying?
Although HMRC won't tell employer who reported him, sometimes employer can guess. If husband leaving this job anyway, maybe it wouldn't matter. You will need to give HMRC all documentation you can, bank statements and payslips for example, so that staff can see payments don't correspond. Also form P60, which employer should give husband soon, at the end of the tax year.
Roxanne Grinage Administrative Tool US Citizens Docket Revealed Philadelphia Family Court Corruption
Success philosophers and gurus advocate "going the extra mile" as a prerequisite for accumulating riches. They claim that only the individual who gives more than he is receives-or is willing to put in the extra effort without any immediate returns reaps the benefits of success and prosperity. In his book "The Master Key to Riches" Napoleon Hill convincingly presents his case for achieving success through a positive mental attitude-definiteness of purpose-and going the extra mile to achieve your goals and desires.
The questions we must ask: Is the above a myth? Is going the extra mile altruistic behavior that benefits only the one who receives? Or is it possible that going the extra mile is actually rationally selfish behavior that also benefits the acting individual?
Is Going the Extra Mile Self-Defeating Altruistic Behavior?
You've heard stories about greedy business owners and managers who attempt to get as much work out as an employee as possible-while paying him as little as possible. You know-greedy capitalists exploit the helpless worker whose family will starve and be rendered homeless unless he works his tail off.
Now it is true that some employers act in this manner. The only reason employers can get by with this abuse is that government intervention in the form of excessive taxes and minimum wage laws guarantee that there is institutional unemployment. These and other "progressive" social reforms-that are supposed to benefit the worker-place him at a distinct disadvantage. The result: There are unemployed individuals or those with lower paying jobs ready to replace him. Of course the employer is well aware of his advantage. I believe we can honestly state that it is greedy politicians-not greedy capitalists causing the exploitation of workers.
Under a system of Laissez faire (unhampered) capitalism, labor is scarce. The negotiating advantage in obtaining higher wages goes to the worker-especially skilled laborers and specialists. Fortunately even the unskilled worker is in a better negotiating position.
Government interference with the marketplace is the only source of institutional unemployment. Under a system of unhampered capitalism there would be only transitional unemployment-unemployment caused by changing conditions, new innovative industries and (or) a change in consumer desires. Since unhampered capitalism is an open dynamic system, all unemployment is short-lived.
With many people believing they are exploited by greedy employers it's no wonder that they attempt to work as little as possible-producing just enough to keep their jobs. Unbeknownst to them they are indulging in irrationally selfish behavior. Their behavior is self-defeating-guaranteeing that they suffer a life of mediocrity-if not downright failure.
Rational Selfishness and Going the Extra Mile
The one fact of reality people seem to forget is that going the extra mile and improving their own skills and work ethic is rationally selfish behavior. It is beneficial for the individual who puts out the extra effort. Why is this so? Isn't this giving value without receiving at least equivalent value in return? You could look at it this way if your mind is fixated on only short-term gains.
Obviously, as stated earlier, it is foolish (altruistic) behavior to give value to those who refuse to give any in return. There are always those who attempt to extort value. You've no doubt known people who attempt to improve their situation by using others. A word of advice. Avoid social altruists and people who act in irrationally selfish ways. They are detrimental to your mental, emotional and financial health. Only deal with rationally selfish individuals who believe in trading value for value-and demonstrate it in their actions. Also make sure you practice rational selfishness on a consistent basis.
Conclusion - Do It for Your Own Sake
When you go the extra mile in all your activities you are doing it for your own sake. You are improving your long-term situation. People know you as a person who gets things done. If your current boss doesn't properly reward you for your extra effort, another farsighted employer will. If your spouse or significant other doesn't appreciate your valiant effort to give extraordinary value, I'm sure there are plenty of other individuals seeking a partner with your qualities.
Individuals who trade value for value are scarce. You are probably aware how highly scarce commodities are valued. We can conclude that going the extra mile is rationally selfish behavior. You come out victorious in two ways.
1. Every time you go the extra mile you are improving yourself and your prospects for a better life.
2. You come to the attention of individuals who believe in trading value for value and practice it as a way of life.
About the Author
Robert A. Meyer has been investigating and studying economics, philosophy, psychology and metaphysics for 30 years. He realizes there are basic principles of Human Action that will help you become successful. His knowledge that life is to be lived on a physical, emotional, mental and spiritual level allowed him to discover "The Libertarian Way." He experiences its many pleasures and ecstasies on a daily basis. http://libertarianway.com/
LEDBETTER FAIR PAY ACT PRESENTS CHALLENGES TO HAWAII EMPLOYERS
LEDBETTER FAIR PAY ACT PRESENTS CHALLENGES TO HAWAII EMPLOYERS
On Jan. 29, 2009, President Obama signed the Lilly Ledbetter Fair Pay Act (the “Act”). The Act amends Title VII, the Age Discrimination in Employment Act and the ADA and affects compensation-related lawsuits under those statutes.
The Act was named after the plaintiff in the lawsuit Ledbetter v. Goodyear Tire and Rubber Co., Inc., a case in which the U.S. Supreme Court held by a 5-4 vote that Lilly Ledbetter’s charge of pay discrimination under Title VII of the Civil Rights Act came too late after she failed to complain to the EEOC within 180 days, as required by Title VII of the Civil Rights Act (in Hawaii a complainant would have 300 days to file such complaint with the EEOC as Hawaii is a “dual-charge” state).
In response to the Ledbetter decision, the Act adopts the so-called “paycheck accrual” rule. Under the rule each paycheck alleged to be part of a compensation-related claim triggers a new agency charge period during which the complainant may properly challenge any prior discriminatory conduct that affected the amount of that paycheck. Specifically, the Act states:
For purposes of this section, an unlawful employment practice occurs, with respect to discrimination in compensation in violation of this title, when a discriminatory compensation decision or other practice is adopted, when an individual becomes subject to a discriminatory compensation decision or other practice, or when an individual is affected by application of a discriminatory compensation decision or other practice, including each time wages, benefits, or other compensation is paid, resulting in whole or in part from such a decision or other practice.
The EEOC recently issued interpretive guidance on the Act and has opined that the Ledbetter Act applies to “a discriminatory compensation decision” or “other discriminatory practice affecting compensation.” This means in the EEOC’s view that an employee hired eight years ago could have a cause of action from the date of hire to the extent s/he argues their starting pay was set in a discriminatory manner.
Such argument, and the EEOC’s position, was accepted in Bush v. Orange County Corrections Dept., No. 6:07-cv-588-Orl, 2009 WL 248230, M.D. Fla., 2009, a case in which plaintiffs filed EEOC charges 16 years after they had been allegedly discriminatorily demoted. The Court ruled that the employees stated a claim for discrimination from their demotion 16 years earlier and that the claims are timely under the new law. However, the Court dismissed the case on other grounds.
The case should alert Hawaii employers of the potential open-ended risks of compensation-related lawsuits. To reduce potential liability, Hawaii employers should take a more proactive approach on their compensation reviews and policies, including regularly reviewing pay-related records and, with the help of IT, determine whether record-retention policies require revisions.
Further, Hawaii employers should carefully deliberate both starting pay and step-pay increases for every individual employee, and consider whether a completely new compensation scheme that completely eliminates step-increases and instead incorporates performance-based annual bonuses is appropriate for their company.
Roman Amaguin, Esq. is a Hawaii attorney specializing in employment law, labor law, and civil litigation. He has been practicing law in Hawaii since 1995. He was an attorney, director and shareholder for a large Honolulu law firm through 2006. From 2007 through 2008 he was an Of Counsel Attorney for another large Honolulu law firm, before opening his own office.
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 such as the U.S. EEOC and Hawaii Civil Rights Commission. He understands now is the time for the legal profession to reconsider the manner in which it provides services to the community. Accordingly, flat rate projects and other alternative fee arrangements are always explored with his clients.
Mr. Amaguin litigates a wide range of civil cases involving common law and statutory claims.
US Public Law 111-2 Lilly Ledbetter Fair Pay Act: Amend Civil Rights Act, Age Discrimination
[mage lang="" source="flickr"]texas employment law posters[/mage]
Career Clusters Close the Gap Between Schools Subjects and Careers
A wealth of information exists that explains the relationships between school subjects and careers. Across the nation, children, teens, teachers, and counselors use Career Interests Areas or Clusters to explore careers and to make school study plans. There are sixteen (16) Interests Areas or Clusters:
States and federal agencies across the nation have created career cluster web sites and resources. We have reviewed three (3) of the best state or federal agency web sites.
Louisiana Integrated Skills Assessment (LISA)
One of the most unique comprehensive career cluster resources is the Louisiana Integrated Skills Assessment (LISA), an Internet program. LISA lets you explore career clusters, careers, abilities, training requirements, and more. Using the Lisa, you can do the following tasks:
Assessment: Explore career options using the Work Importance Locator.
I Enjoy: Find careers based upon the things that you enjoy.
Cluster: Find careers from Career Cluster Groups.
Search: Search for jobs based on knowledge, skills, and abilities.
Best Match: Use your current job to find knowledge, skills, and abilities to identify a new career.
Compare: Compare current job to potential new job.
Profile: Use this feature to create a profile from a selected career.
There are 3 steps in the LISA program. In Step 1, when you choose a career cluster, you will read the description of the cluster. When you select a career cluster in Step 2, you can select a career group. In each career group, you will see a lot of different careers. Finally, in Step 3, you see additional occupational information, such as:
Job descriptions
Educational and training requirements
Crosswalks, for example ONET, DOT, GOE, and other codes
Abilities
Knowledge
Skills
Tasks
Work Values
Labor Market Information
There is detailed information in each job profile:
Description
Crosswalk
Abilities
Knowledge
Skills
Tasks
Work Values
Occupational Characteristics Narrative
The Louisiana Integrated Skills Assessment (LISA) is an excellent tool for students to do career cluster exploration.
NCE Career Clusters and State Career Clusters Initiative Resources
The NCE Career Clusters has adapted information from the State Career Clusters Initiative to create a career education toolkit for teachers and counselors. In your NCE Career Clusters toolkit, you can find a Career Cluster Model, poster, resource booklets, At-a-Glance PDF Slices, and Plans of Study. Each resource is designed to facilitate the exploration of Career Clusters.
Career Cluster Resource Booklet
To prepare for a Career Clusters discussion, teachers and counselors use the State Career Clusters Initiative Career Cluster Resource Booklet. The brochures discuss the differences between career clusters and career pathways. The booklet outlines that career clusters are career groups from the same industry that have the same skills and educational requirements. Career pathways are specific careers that are within the each career cluster. The Resource Booklet discusses the following topics:
Historical background information
Cluster Knowledge and Skills
Pathway Knowledge and Skills
O*NET Crosswalk Report
Validation Studies
Assessment Protocol
Certification Protocol
The booklet is a "must-read" resource that provides in depth information on each career cluster. Each booklet has detailed graphs, charts, and tables.
Career Cluster Model
To provide an overview of Career Clusters, teachers and counselors use the Career Cluster Model. The Career Cluster Model simplifies sixteen (16) Career Clusters model. The center of the NCE Career Clusters model focuses on six (6) major groups. The career clusters are color-coded so that you can easily present six (6) major groups in classroom activities. The six (6) major groups are:
1. Environmental and Agricultural Systems
2. Business, Marketing, and Management
3. Communication and Information Systems
4. Industrial, Manufacturing, Engineering Systems
5. Health Sciences
6. Human Services and Resources
Here is summary of the relationship between the sixteen (16) Career Clusters and the 6 Super Clusters.
The sixteen (16) Career Clusters systematically fit within the six (6) major groups.
Career Cluster Brochure
Another excellent career cluster student aid is the Career Cluster Brochure. The brochure is filled with photographs that show people performing the different jobs. With this easy-to-read booklet, students get an overview of the different careers, career clusters, and career pathways. Students read about:
What is a career cluster?
What is a career pathway?
What school subjects are important for a career in the ... career cluster?
What is the educational or training requirement for a career in the ... career cluster?
What are the necessary credentials for a career in the ... career cluster?
What is the employment outlook for a career in the ... career cluster?
What are some sample occupations?
Career Cluster Slices
Besides the Career Cluster Model and the Brochure, a third student Career Cluster aid is the NCE Career Cluster Slices. The NCE Career Cluster Slice identifies specific career opportunities found within each Career Pathways. Each Cluster Slice is illustrated and designed to explore areas, such as:
Cluster Description
Pathway Description
Cluster Knowledge & Skills
Career Field
Preparation for a Career in ...
Examples of Education and Training Postsecondary Programs of Study
Students discover that each pathways leads to post-secondary options including:
Apprenticeships
Certificates
Licenses
Associate's Degree Programs
Bachelor's Degree Programs
Master's Degree Programs
Doctoral Degree Programs
Professional Degree Programs
Career Clusters Plan of Study
At the beginning of the students' middle school years, the students use assessments identify career cluster interest areas. With the Career Clusters model, brochure, Slices, and LISA resources, the students have explored the different careers and post-secondary training options. Students, teachers, counselors, and parents then use the Career Clusters Plan of Study to strategically plan the students' high school course work. The Career Clusters Plan of Study provides examples of English, Math, Science, Social Studies, electives, and extra-curricular activities for the following grade levels:
7th - 8th grade
9th - 10th grade
11th - 12th grade
Examples of advanced coursework for postsecondary credit
The NCE Career Clusters web page is the gateway to the student career cluster resources.
State Career Clusters Initiative, NCE, and Lisa materials are just examples of career cluster resources. Career clusters resources have established a connection between school subjects and careers.
Resources:
Explore Career Clusters, Texas Workforce Commission/Career Development Resources (TWC/CDR), US Department of Labor, Employment and Training Administration, and Louisiana Department of Labor
Nebraska Career Education, States' Career Clusters Initiative, 2005, and NCTEF/NASDCTEc (National Association of State Directors of Career Technical Education Consortium) States' Career Clusters Initiative, & National Association of State Directors of Career and Technical Education Consortium
State Career Clusters Initiative Washington, DC: National Association of State Directors of Career Technical Education Consortium, 2002
About the Author
Dr Mary Askew specializes in career tests, websites, and books for children, teens, adults, teachers, and counselors. Find eye appealing, easy to use, yet comprehensive career resources. Contact Dr. Askew at learning4life@qwest.net or visit http://www.hollandcodes.com.
Part 1/3 - Transitioning to College for Students With Disabilities - An MU Perspective
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Universal Health Care; The Canadian Experience - Part 3
Here's To Your Wealth! Comparative Costs of Private and Public Health Systems Part 3 of a 3-Part Series
Everything comes with a cost and health care is no exception. But which type of health care model costs the most – the universal public type or the for-profit private system? The answer depends on the source and perhaps what political stripes that source wears.
While President Obama’s camp continues to promote the public option and what they say will be a lower overall cost to consumers, many conservative politicians and talk show hosts have, of course, campaigned hard to make the opposite seem true. Their take is that industrialized nations with universal public health care pay far more per capita for sub-standard services compared to their US counterpart.
It’s easy to accept without question, this latter position as fact, particularly if you buy-into another popular view that suggests everything and anything the government administers suffers from waste, inefficiency, ineffectiveness and bloated costs. Let’s face it, you don’t have to look very far to find examples of poor public governance. (Does anyone remember stories about a certain stars-and-stripes military outfit paying $750 for hammers and hundreds more for toilets?)
Is Public Sector Governance Necessarily Bad? What some people seem far too eager to ignore is the fact that given proper governance, a publicly administered system providing an essential service has an important advantage. That advantage is a missing link of sorts. The ‘chain’ of service provision has many various links that make up the total cost of providing that service. Consider that the profit link is often one of the biggest links in the chain. Somewhere along the line, that profit link will necessarily impact the total cost of providing the service as well as the amount of investment that’s diverted back into the system.
Therefore, in operating a for-profit health care system, regardless of whether the gross profit margin is ten or thirty per cent, at some point along the way a markup must occur to generate the extra revenue needed to feed that profit. A properly managed public health care system need not implement markups. In theory, then, the taxpayer isn’t overcharged just in order to meet the profit margin goal. Does it actually work that way? Just as with other aspects of the public vs. private health care debate, there are both success and horror stories on each side.
Are Canadian Patients Dissatisfied With Their Health Care System? So much of the chatter we hear today slams the inefficiency and overboard costs of Canada’s health care system. But consider that for each story from a Canadian patient who experienced mediocre treatment or long delays, there are far more success stories from patients who are sincerely happy with their treatment and who wouldn’t trade their system for the world.
Take, for instance, the case of a woman from Windsor, Ontario, whose story was revealed this past summer in an article in a Florida newspaper, the St. Petersburg Times. This Canadian patient was billed a grand total of $16.95 after having been in hospital for over two months. Her friend who lives across the river in Michigan spent two or three days in hospital and was billed over $3,000. Those are some real numbers to chew on.
So, what are the rest of the numbers, vis-à-vis the comparative costs of Canadian and American health systems? More on that in a bit, but first consider the example of education. Education is one of the untouchables; a cornerstone of most wealthy nations. It’s one of those essential services. The quality of a nation’s education determines, to a great extent, that nation’s future prosperity. Most kids go to public school and most of those parents would never consider scrapping their district’s public system in favor of a for-profit pay-as-you-go private system.
Public Education is in a Shambles, Right?
Education has for long been as politicized as health care has lately become. Pour the education facts through a political filter and you get a skewed take. Just as with the health care debate, those on the right champion the superiority of private schools, citing lower costs per student and higher test scores. They would also have us believe that public education costs are far more expensive per student compared with that of private school. Both of these ideas are easily challenged.
A widely accepted figure pegs the average cost per student for public education systems nationwide at under $10,000. Comparatively, according to the National Association of Independent Schools, an organization comprised of private schools, the average cost of annual private school tuition per school-aged child is over $14,000. Reports about this seem to be easily overlooked by those wishing to cash-in on the profit potential of the education business.
But isn’t the quality of education better at most of those private schools as compared to the much more heavily attended public schools? Private schools’ high teacher-to-student ratio and their more selective community are features that are hard to deny. However we hear little about the fact that public education systems must follow a host of state and federal laws and guidelines; many of which the private schools need not and do not observe.
Further bolstering the argument was a study out of Washington released in October, 2007, confirming that 12th-grade private and parochial school students had matching scores in core academic subjects when compared to their public school counterparts with similar family and income backgrounds. Other more recent studies by the University of Illinois showed that public school students actually outperformed their private school counterparts in standardized math tests.
Universal Public Education is a Sacred Cow; Why Isn’t Health Care?
It can therefore be easily argued that a service as essential as education can and is provided both efficiently and effectively by the public sector. Why, then, are so many opposed to the same idea with health care; another service that’s just as essential?
It’s Not a Free-For-All in Canada First of all, don’t think that every aspect of health care is included in the package. The government does not pay for most Canadians’ prescription medicines. Just like the American experience, most Canadian prescriptions are paid for by way of employment benefits packages or it’s a self-pay deal. (But the Canadian government does cover prescription costs during in-hospital treatment and for patients in certain income and age brackets.) Another thing that most Canadians pay for is just about any surgery that is elective and not medically necessary. So that face-lift, laser scar removal or tummy tuck – well - you’re on your own. The same applies when it comes to dentistry, orthodontics, optometry and eyewear, chiropractic care, and other medical areas that fall outside traditional physician-provided necessary care; for the most part, Canadian patients or their employer insurance carriers pay for these services and treatments. These things are generally not coming out of the public purse.
The Canadian medicare system covers, in full and without question, all necessary visits to family physicians and specialists, all necessary medical tests, and all necessary hospital stays. Quite simply that means no bill and no nasty surprise.
What are the specific costs north of the border? According a report by the Canadian Institute for Health Spending, in 2008 health care spending in Canada was just over $170 billion. That covers all aspects of costs and comes out to $5,170 per person. Which nation boasts the highest spending? Spending in the US is now over $7,000 per person annually. A recent analysis in Memphis Tennessee’s Commercial Appeal newspaper showed that the average American needs to work through the months of January, February and March just to pay for his or her share of the health care bill.
How does the old axiom about statistics go? Liars figure and figures lie. Yes, it’s easy to skew the truth with statistics, but it’s hard to argue with bottom-line costs from trusted sources and the real-life experiences of real people.
Regardless of whether you sit on the left, the right or on the fence itself, there’s no denying one more fact. Since universal medicare was legislated in Canada by Tommy Douglas in 1961, Canadian patients have not had to worry about losing their homes, going bankrupt or plundering their retirement savings as a result of the cost of treating a major illness or disease.
Ask any Canadian and they’ll tell you that knowing they’ll always be covered is peace of mind; which, in itself, is quite therapeutic.
Read Part 1 of this series, The Truth About Canadian Health Care; and Part 2, Real Life Stories About Canadian Health Care.
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Let's say you've had a vacation/personal leave of absence planned for months. You've gotten approval to take it, and you've booked the tickets. Can an employer, in Ontario, tell you later that you can no longer take that vacation? What recourse is there legally in terms of compensation for tickets purchased (monetary damages)? Can this in any way be considered "wrongful dismissal" if the employee decides to take the vacation as planned and is fired as a result?
The Employment Standards Act does protect you to a certain extent. This depends on how long you worked for the employer, and how long your vacation is scheduled for. Check out the link below for full vacation rules.
You might want to consider weighing your options with your employer, as you said you previously received approval to take the time off.
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APPRAISAL OF INDIAN SITUATION- EFFECTIVE UTILISATION OF ICT IN INDIAN PERSPECTIVE
Today we are living in the age of information, and communication where the information societies are rapidly transforming themselves from information society to knowledge society. Information society or rather its Japanese term “Johoka Shokai”, was perceived by the Japanese writer, Yoneji Masuda, “as a society, which would eventually move to a point at which the production of information values became the formative force for the development of the society.”
In India the significance of communication in equipping people with new information and skills; and mobilizing them for their willful participation in various development programmes and activities has been well recognized and emphasized in the country's blueprint policy i.e the five year plans. Communication is fun, Communication is power, Communication is money and Communication is intelligence today. So a country's growth, cultural moorings, its inner strength and competitive edge all depend greatly on communication power. In the recent years the country is on the threshold of a new communication revolution of which satellite, TV, Video are major manifestations. In this information age from high frequency wireless communication to digital compression technology, to microwave communication to silicon chips, satellite communication, optic fibers, telematics, computer graphics, Internet, world wide web, Internet protocol TV(IPTV),interactive TV(ITV),digital audio broadcasting(DAB),multimedia and so on, there is no stopping and no looking back. Communication wise the whole world is technically knit together and with the constraints of time and distance disappearing, it has been possible for humanity at large to be integrated at intellectual, economic, cultural and emotional levels, by sharing a global commonwealth of human resources, transforming the whole world virtually into a 'global village'.
NEW COMMUNICATION TECHNOLOGIES-Different Perspectives And Significance
The concept of global village by Marshall McLuhan is becoming increasingly interconnected by communication technologies that is gradually defining the way we look at the world. The Gutenberg era is over. A new digital communications technology has emerged. An electronic superhighway is beginning to girdle the globe as voice, video and data converge bringing in the wake a new basket of digital multimedia and interactive communications technologies. New technologies such as Global Satellite of Mobile communications(GSM),General Packet Radio service(GPRS), Teletext, Videotex, Virtual Private Network(VPN), Wi-Fi, Coded Division Multiple Access(CDMA) etc are gaining wide acceptance due to several advantages like--
Interactivity
Demassification (As opposed to the old economy (which focused more on mass production and mass broadcasting to a mass audience), the new economy breaks down (demassifies) production. The focus, in terms of production, is now shifted to customization, segmentation, and individualization. This trend leads to narrowcasting).
Asynchronity (the exchange of data, figures, and conversation takes place on a real time basis, without the presence of all the participants).
Immediacy
User friendly
Narrowcasting(A narrowcast is the transmission of data to a specific list of recipients. Cable television is an example of broadcast model in which the signals are transmittedeverywhere and anyone with an antenna can receive them. The internet uses both a broadcast and a narrowcast model. To transmit to selected individuals. Cable TV and satellite radio are examples of narrowcast services because they reach only their subscriber base. Mailing lists are another example.)
Infotainment(A television program with a mixture of news and entertainment features,such asinterviews, commentaries, and reviews).
Ease of updating
Instantaneous message dissemination
Time saving and
Cost Effective
Marriage of mediums or rather, Convergence is today a reality and India is fast waking up to the digital era, re-shaping the way the individuals and organisations produce, process, market, collaborate and share information. The launch of paid Internet radio services on Yahoo! And Rediff.com, Edge, Third Generation(3G) and Bluetooth, Internet on TV, are some of the new technologies that have been used for the benefit of mankind. At the same time ,there is an increasing demand from consumers for data delivery, telephony services, global roaming, e-mail, video and Internet access on one single device. These needs have resulted in global standards that are more open, making available the vast knowledge base and providing substantial increase in productivity, a better quality of life, enhancements in education and recreation and cross cultural understanding.
COMMUNICATIONS SCENARIO: Then And Now
Coming to the access of these new technologies, no wonder it can be safely said that the Indian middle class have moved at a much faster pace than expected. If you still deny than consider the communications scenario.
Within a decade the average citizen owns a private telephone, television and personal computer. In addition to these ,telephone and Internet access is increasingly provided by phone booths and cyber cafes situated in public places. In 1947 it, when India gained independence, it had only 84000 telephone lines, to reach out to a population of 300 million. By 1999,India had an installed network of over 25 million telephone line, spread over 300 cities, 4869 towns and 310897 villages, making India's telecommunication network the 9th largest in the world. Another most successful achievement was the introduction of mobile telephone services in 1995, along with pager services. By 1998,India had one million cell phone users in its four metropolitan cities, with 45% in Delhi followed by Mumbai 35%,Calcutta 12% and Chennai 8%.Another 500000 or so existed in towns and cities. Previously the use of cell phone was restricted only among the urban elites, corporate leaders and business professionals, but currently the omni presence of rural phone in rural setting is also very much conspicuous. These services satisfies the strong cultural need of the pan Indian to keep constantly in touch with the family members. For a vegetable seller in a remote village of Karnataka, uses his mobile phone ,to supply and take orders for his customers, who lives in far off villages. He has no pucca house, nor he has any pucca shop. What he has is a small make shift shop, a two wheeler moped and a Nokia 1100 mobile phone. Again Yashwant Singh a villager in Hoshiarpur of Punjab, owner of several trucks, has purchased cell phone for his truck drivers, to keep with them in constant touch. Many well to do farmers in India often own mobile phones keeping in touch with block and district level officials, checking market information, scheduling transportation, pick ups and so forth. Many mobile users access mobiles for listening to FM radio or MP3 DVD player,capturing images and videos and simultaneously transfer them via infrared or Bluetooth to other mobile users,use multimedia through 3G(Third Generation),send SMS and MMS playgames and various other purposes.
The traditional sectors like radio and television have also undergone functional displacement, owing to the changing times and needs. DTH (Direct to Home) technology which takes cross border satellite programmes direct to viewers homes without the intervention of cable operators, is the future of TV.DTH TV is digital and interactive and offers up to a hundred subscription channels. Also development of radio has taken giant strides in the past few years. Satellite radio was a major innovation ,followed by Podcasting , which is currently riding high on the success of Apple computers ipod. Technically speaking Ipod are basically digital basic (MP3)players with local storage and Internet connectivity-the latter is required for downloading audio and other files from web servers via RSS or XML protocol. Podcasters are like web loggers ,amateurs who create radio like programs of commentary, music and humour, save them in MP3 audio format and post them as websites which are ipod enabled. Then there is Digital Audio Broadcasting which consists in combining a series of services into a frequency band called a base group, enabling a multiplex bit stream to be created in which services of all shapes and sizes can be transmitted, thus providing perfect sound quality, free of interference, capable of serving a mobile audience.
In the case of personal computers, one important factor promoting the diffusion of personal computers, in India, in the late 1990s was the rise of various financing schemes. More and more middle class could purchase computers. Till 2000 a typical Pentium II desktop computer cost about 50000,which was quite a heavy burden upon the middle class. But the things changed with the alternative model of an assembled piece where the consumer brought the computer home, by choosing the specific configaration of a computer-like the speed and amount of ram, modem speed, speakers and monitors etc. and surprisingly all this within a very affordable range. Now the situation has changed to such an extent that even branded laptops are available for rs 30000.the enthusiasm for the computers was immediately visible through the internet. Cyber cafes were quick to catch the pulse of the market and in 1995 after Internet connectivity was made available to the individuals and the organisations, on a commercial basis, cyber cafes sprang up to add zeal..These cafes unleashed opportunities before an individual. It enabled an individual to log on to the net, surf it, play games, watch video, e-mail, chat,e-shop for Rs10/-15/per hour. Initially urban centric now it has spread its wings to rural areas too, by upgrading themselves into ICC(Internet Community Centres ), providing net surfing, net telephony, telephone, multimedia, video conferencing and photocopying services all in one.
Further the Internet gave rise to an era of e-business-both e-marketing and e-commerce. E-marketing requires the use of the Internet to market ones products and services, and e-commerce is commercial transactions between two parties on the Internet. In India though these concepts are relatively new, yet many individuals and organisations are entering into these business as they are time saving, cost effective and most important of all ensures 100% transparency and improves efficiency. The age old concept of middle class, underhand activities and unethical practices and unjustified harassments are gradually being overcome by these e-business. Some of these e-business companies who have establised themselves as a reputed brand name in the international arena are Metal Junction Services limited, e-bay, Amazon.com, Aditya Birla, IFB, Dell, etc. Today the Internet is accessed via cable TV, telephone, mobile phones, palm tops, and DTH apart from the conventional computers.
The Internet has ushered into a new era where it is concerned with the creation of wealth not only through production, processing and transportation of goods but also through information- networks using technological know how, management practices and remote processing, like customer help ,medical transcription, data and research processing etc. Internet has given rise to several new occupations like website designing, e-commerce, Internet patrol, technical writer, content developer ,multimedia specialist, graphic designer, etc. Today tele working is gradually in rise in India, considering the presence of a solid telecommunications infrastructure, favourable policies for free global trade, and the availability of low cost English talent. Several BPO's and KPO's are gaining wide popularity among the young university graduates. The corporates, the organisations,the educational instituitions are armed with the newest of these technologies like VPN(Virtual Private Network), Wi-Fi, V-SAT and broadband etc.
(DIAGRAM IN THE LAST PAGE)
CASE STUDY 1
Andhra Pradesh has already implemented four e-governance initiatives, adopting the old and new technologies like -
? CARD-Computer Aided Administration of Registration Department
This enables a person regarding registration of land ,purchasing of land,ascertaining marketing value,transfer duty,etc. that which took earlier days and hours,now took only 15 mins.
? APSCAN-Andhra Pradesh State Secretariat Administrative Network.
? APSWAN-Andhra Pradesh State Wide Network
Both of these networks help in interaction among the villagers ,government officials, block development officers, chief minister, state secretariats, and the extension agents through video conferencing.
? TWINS-Twin Cities Network Services
This services is provided to the two cities of Hyderabad and Secunderabad. Here the citizens are provided all kinds of services like-electricity bill, phone bill, driving license, holding tax,insurance claim-all under one roof.
CASE STUDY 2
In a rural country like India, health remains a perennial problem. But Maharashtra has achieved astounding success in routing information to the villagers not only health conscious but also avail them of all those benefits of doctors and medicines, that their urban counterparts are habituated to enjoy. Its a dose of e-medicine for rural folks across the state. The doctors and experts together treats patients in the remote interiors of Maharashtra via satellite. Civic authorities ISRO (Indian Space Research Organization) and state officials have joined hands to make success their project. Here the patients in the rural areas get easy access to the modern facilities without having to travel long distance and spending big bucks. Thus the patients and the physicians in distant areas remain in constant touch via telecom network.
CASE STUDY 3
Recent government records show that more than 25% ( 59 million school-aged children ) are still not enrolled in a school. Despite these poor figures in education , India has highly competent human resources as also a strong base in ICT, which if utilized to its maximum capacity in future , India will be among the topmost Asian countries. the Bridges to the Future Initiative –India ( BFI) seeks to improve the basic skills, literacy and entry in vocational skills of out-of-school youth and young adults in poor communities in several Indian states. to achieve these goals , the BFI employs innovative and cost-effective ICT tools and methodologies to improve the quality of teaching, learning in basic and vocational education and to assist community members in obtaining information resources that can improve their daily lives. At the official level , the BFI is situated under the patronage of MHRD and state education agencies ( initially Andhra Pradesh and Karnataka, where formal MOU’s are signed in May 2001.).
INDIA'S INFORMATISATION PROCESS
India's informatisation process started in 1990,which accompanied by the liberalisation , globalisation and privatisation policy, opened up borders for several MNC's like McDonalds, Reebok,Pepsi,Coke etc. And also encouraged individuals to come forward to set up their own private organisation. The NEP (New Economic Policy) by Manmohan Singh reflected Indias enthusiasm to pursue an informatisation route. Prior to this Rajiv Gandhi government instituted favourable policies in electronics, software and telecommunications and pushed for the application of information technology in computerising the Indian railways reservation system,banks and land records. During his tenure, the Centre for Development of Telematics (C-DOT), The Centre for the Development of Advancement Computing(C-DAC)) and the NIC(National Informatics Centre) were established. Also he invited Texas instruments,GE, and Hewlett Packard triggering the rise of Bangalore Technopolis. Further the establisment of a National Task Force in 1998 in the Atal Behari Vajpayee,regime under the co-chairmanship of AP's the then chief minister Chandra Babu Naidu was a watershed event in India's road to informatisation. Its action plan made 108 recommendations on ways of utilising technologies for socio-economic development,it recommended the privatisation of internal services,the waiver of license fees for private Internet, service providers allowing ever cable operators and ISD/STD booth operators to use their infrastructure to enhance Internet access and zero duty on all it products by 2002 ad .It further recommended that software and IT be treated as a priority sector by banks for five years and that students, teachers and schools be offered computers at reduced prices. The task force wanted every ISD/STD booth in the country to be turned into an information kiosk providing access to the Internet and related services like e-mail. More over in 1999,it introduced an IT bill in parliament for facilitating e- commerce and e-business activities and created a 25 million venture capital fund to fuel computer start ups.
Not surprisingly some of the famous and richest IT Indians are Aziz Premzi (Wipro), N R Narayanmurthy (Infosys), Vinod Khosla (co-founder of Sun Microsystems) , Sabeer Bhatia(co-founder of hot mail) and Sam Pitroda,who had spearheaded the country's communication revolution to a large extent.
From the above situation one can summarise the India’s informatisation effort-
? India has vast potential to compete with world's best -Japan,Germany,U.S,and U.K .The rich resources,huge talent and billion population should be tapped by the Indian government and thus facilitate innovation, enterpreneurship and creativity, rather than stiffling it or creating barriers like red tapism, bureaucratic hassles in approval and licenses. India's enthusiasm and zeal should motivate young enterpreneurs to come forward and be an active member in the participatory process for socio-economic development in the country. Theinformatisation strategy through which an information society emerges centres on new communication technologies, on research universities where technicalbrainpower is trained andresearch anddevelopment is conducted,and on favourable government policies. With this India is poisedto become an it world power.
? The infrastucture,the economic policy and various other policy and strategies should be directed towards facilitating of India’s communication revolution .For eg the PCO's, ICC's, cyber cafes that have come up has not only provided employment to the young people but also has enabled the individuals to empower themselves and others with knowledge and information.
? Indian personalities should also play a role model for the coming generation. The role of conventional media like radio and TV should be imitated and most importantly folk media should be merged with it to create a far wider acceptance. The DD should be more innovative and the government should ensure the cable TV /DTH participation towards a more socially responsible approach rather than only spinning off money.
With the development of technologies in the past few decades , the role of information and communication technologies(ICT), in improving economic efficiencies and enabling social development . Governments , the private sector and civil society alike note that , “ vast no’s of people are excluded from the benefits of these technologies , in particular people who lack the infrastructure, skills , literacy and knowledge of the dominant internet language-English. They also recognize the opportunities for ICT to bring about change not only to address existing obstacles to the social and economic development of these groups , but also to transform the very systems that create these inequalities in the first place . ICT must be deployed to build an information society where everyone specially disadvantaged women, poor and rural people – can fully participate as citizens and reap the benefits of the information revolution.
According to Robert Schware , lead informatics specialist, the global ICT dep’t, of the World Bank, said-that India did take up over 200 pilot projects in the area of e-governance ; out of which only 100 are worth taking up full scale and can be replicated in other parts of the country. In his answers , to the global scenario in e-governance , he said- “that it is estimated that approximately 85% of e-governance projects in developing countries are total failures, approximately 50% are partial failures, only some 15% can be fully seen as success.” Though he commented that the primary factors for the failures include inability to deliver government services that provide benefit to citizens or business, lack of clarity on business perspective , projects are done in dept-al isolation rather than via a single co-ordination body and lack of political will and leadership and lack of skills in project management among some.
There are many countries that have achieved a reasonable amount of success in their e-government initiatives. For e.g. according to Cap Gemini Ernst & Young consultants , during 2003, Denmark had achieved 72% of government services on line with an 87% score on degree of sophistication. Other countries that have high rate for particular e-government services includes the U.K, Spain, Greece, Finland, Austria, Belgium, Bulgaria, Romania and Mexico. According to Sudhir Narang, Vice President, government and service provider business , Cisco systems , India & SAARC, “ almost every state has an it policy in place with the aim of evolving itself from being an it aware to an it enabled govt. state govt’s are fast recognizing the benefits of an it-enabled working environment”. Shivaji Chatterjee , senior director , sales and marketing, Hughes Escorts Communication, says “ IT has a vital role to play in all transaction that the govt undertakes. It helps the govt cuts red tapism, avoid corruption, and reach citizens directly.” Adds Rajiv Kaul, MD Microsoft, India –“ a strong technology infrastructure can help central and state govts deliver a comprehensive set of services to citizens.” The Karnataka’s govts ‘ Bhoomi’ project has led to the computerization of the countries old system of hand written rural land records. Through it , the revenue Dep’t. has done away with the corruption ridden system that involved bribing at every step. ITC’s E-Choupal unique web based initiative offers farmers the information, products and services they need to enhance productivity , improve farm-gate price realization and cut transaction costs. Farmers can access the latest local and global inform on weather , scientific farming practices, as well as market prices at the village itself through this web portal all in Hindi. The national e-governance plan ( 2003-2007), reflects the strategic intent of the central govt. in the right perspective. In the future State Wide Area Networks (SWAN), & Community Information Centers ( CIC), projects have to be rolled out , backed by a strong Public-Private Participation model( PPP), to achieve long term sustainability. Already the United Nations Development Programme (UNDP) and national institute of smart government ( NISG) has hosted India’s first S. Asia public sector ICT summit. The theme of the summit was ‘ new models for e-govt. in S. Asia and the world’ & was targeted at senior govt & policy makers from the countries in S-Asia including India.
Again if the example of Mizoram , then it can be seen that ever since its inception in 1989, the continuous and tireless efforts of NIC Mizoram have resulted in spreading of ICT culture in the state. NIC along with the government of Mizoram has taken up many initiatives in facilitating and promoting e-governance in various sectors such as transport, land record, public health engineering, accounts and treasuries etc. –
For eg in transport communication ‘ Sarathi’ and ‘Vahan’ provide provide a complete solution for district transport office ( DTO) computerization including registration , licensing, permit and enforcement, tax and fee collection etc. a vehicle statistics information systems has been developed that helps in collection of various reports required annually by state transport authority of Mizoram.
26 CIC ( Community Information Centre) have been established since 2000 which are equipped with computers , VSAT, TV, web cameras, printers, ups etc . Two qualified operators manage these CIC’s , which provide the following services to the people in the far flung and remote areas of the state. E-mailing , web browsing and document priority; imparting IT training to the villagers, students, etc, providing G2C ( government to consumer) services such as support for BPL survey, village council elections, publications of tenders, notifications etc.
PROBLEMS ENROUTE TO INFORMATISATION
Though from the above discussion it might seem that India has successfully become an information society and can be considered for future knowledge society, yet wait before coming to any conclusion .consider these:
? Although India ranks 18th in the world in terms of usage of TV, radio, and Internet and with an entertainment industry having as size of Rs 14,400 crore in 2000, which is expected to rise to Rs 80,000 crore in 2009,yet amidst the expected fast rate of media development, rural India is marginally affected. Without effective communication no society can be apt enough to adopt dynamic models of development communication. Rural India faces a lot of problem. They are:-
1. Wide communication gap
2. Traditional values and attitudes
3. Large and diverse population
4. Low socio-economic status
5. High cost of mass media
6. Illiteracy
7. Stereotypes and prejudices
8. Low motivation
9. Defective opinion leadership
10. Persuasion difficult
11. Feedback difficult
12. Acute social deformity
In a society where till recently the mother has scarcely spoken ,the wife has spent her life without virtually seeing her husband, loveable children are produced without seeming parental interaction, it is very difficult to consider the meaning of communication and hence such a society demands mutual interaction, literacy dissemination, physical interaction, institutional transmission, political participation and cultural togetherness.
? Indian media is largely urban centric. All the development that have taken place in the recent years gave rise to a rural urban divide. The important challenge is to reach the unreached and to include the excluded in its efforts to create an information society for all. . Starting by consulting at the grassroots level is essential. Top-down projects generally don’t work. These end up by providing information that people do really need or use at an incomprehensible level of technical detail and terminology.
? The effective utilization of ICT is still unknown to many. The lack of policy support and political will is also due to lack of awareness of economic, political, and social benefits ICT, can bring. The level of awareness among professionals and decision makers in the region about the role of ICT in development is generally low.
? Connectivity and access at an affordable cost in the region in particular, in rural and remote areas is still a problem. Computer literacy is low and the common model based on individual computer access in most cases is unfeasible due tohigh computer costs and lack of energy resources. Low cost devices such as handhelds can contribute to mitigating this problem, but they are not available or they do not have any utilityvalue in many rural or marginalized societies. The same applies to other useful communication technologies such as low cost FM radio stations, but here the challenge is often the lack of political will to open the broadcasting sector for communities to own and manage community radio/TV. Even the radio/TV sets provided by the government remain unutilized due to reasons like intermittent electricity supply, want of repair, or inadequate infrastructure.
? Internet has been largely popular with the people who are well conversant in English. Lack of appropriate local content and diversity in the Internet like local language, local problems and local needs has posed the greatest challenge. Development of local content in many language has been insufficient due to lack of language processing capacity. Tools to capture analogue content into digital form for many Indian languages are yet not available and this has slowed down the digitalization of existing analogue content in text mode and the development of pages enclosing indigenous knowledge. Incapacity to develop local content is equally a challenge for many electronic media and in particular for cultural and educational programmes suitable to local audiences.
? Lack of software, lack of local trainers capable of imparting various skills related to ICT, content development and media operations a challenge which makes it difficult to extend the information society beyond affluent citizens in the region. Moreover most software’s are prepared by persons who have no knowledge about rural people, they are born and brought up and fed on the contents of Zee, Sony , Star Plus etc. difficulties abound . in one e.g. , the officer involved in computerizing land records in one Indian state recently said more than half of them are either legally contested , or in the names of the dead people , or illegible etc. yet the computerizing of land records is on the agenda of almost every Indian state.
? The most of the traditional systems have not been exploited fully. Lack of innovativeness and creativity is a major factor. Generally all the programmes are made with the bureaucratic mentality, such that if the programmes are educative , they are boring as they cannot sustain the interest of the viewers for long and if they are entertaining they are not educative. Consequently they lack the personal touch and hence lack credibility. More so with the failure of public service broadcasting, the meaning has lost somewhere in the bureaucratic tangles. The information people initially say they need , may not always be what they end up using . in the M.S. Swaminathan Pondicherry project , for e.g. , male farmers originally said they needed information about agriculture. In fact , their largest single usage of village info. Kiosks was to get information about government programs.
? India underwent a high degree of change in terms of commercialization and media information. Proper utilization and meaning of information has been distorted to give rise to western media imperialism and consequently the digital divide. The information gap is real and and runs between north-south, rich-poor, young-old, literate- illiterate, rural-urban, and men-women.
? IT should not be simply identified with computers and internet. Some of the inventive uses of the IT involve radio, television and embedded chips, potentially useful satellite inventories etc. The classic e.g. is the use of automated butterfat assessment equipment in Gujarat , which has radically simplified the process of automating milk and paying diary farmers.
? Lack of business process modification- in many well meaning projects & duplication of the manual process in the it environment was seen as major reasons for the end users / citizens not associating any value addition with the projects & looked upon e-governance as an unwelcome addition to the hurdles to be crossed before getting the work done. For e.g. in depts. Which maintain land records specially in rural areas the details regarding land ownership ,cropping patterns etc were computerized , but no legal sanctity was given to the output generated by such systems in absence of a commensurate change in the status.
? More talk than action- lot has been talked about. Seminars , conferences and workshops at national, international, local level has taken place a lot. Various five year plans have been planned. But few actions have taken place in reality so far.
? Financial sustainability- the goal of financial sustainability is rarely achieved . granting that initial start up costs have to be borne by someone, very few projects even plan for long term sustainability and even fewer achieve it.
? A successful commercial ict sector does not necessarily trickle down to ordinary Indians. Proposals by state governments to develop it for the masses often place primary emphasis on developing software technology parks , improving education at higher levels of information technology etc. though these goals are praiseworthy , yet there is very little evidence as to the increased growth rate of software industry in relation to improved living conditions, more schools and colleges, better healthcare, eradication of poverty,, more jobs, or any other benefits.
? Apparently technical decisions concerning it regulation, bandwidth allocation, pricing mechanism, transmission standards etc, can have profound effects on whether or not information technologies benefit ordinary Indians. One case is the requirement that internet service providers guarantee to cover an entire state. This effectively precluded local entrepreneurs from providing internet connectivity in small & medium towns , unlike local initiatives that have helped spread satellite television rapidly in rural India. Analysis of the impact of technological decisions on it for the common man is largely absent.
? Wiring India- until the cost of last mile of basic devices & of local language software are brought down , the goal of wiring India will remain unachieved . Though low cost technological solution alone cannot solve the problem, but they are requisites for it India.
? Credibility- one cannot believe in what they are told. A no of projects that are publicized turn out , on a site visit , to have closed, or not yet to be in operation,or to have detoriated from their stated original goals.
PROMISES OF ICT-
One of the most promising uses of ICT. In practice , it involves distinguishable activities-
E-governance- It is the computerization of government functions itself, as discussed specially by Andhra Pradesh. This proposes connecting the state government headquarters to district officials , computerizes registration, legal proceedings, land records, state offices etc, for the benefit of the administrators of the state. Also e-governance may also mean government to people and people to government connections whereby citizens obtain direct access to records, rules and information about entitlements that they need or want in their daily lives.
E-commerce- B2B , B2C, C2B, C2C platforms can be utilized fully for the benefit of the customers as also for the business organizations, for an efficient and smooth transaction, free and fair trade practices.
Commercial funding- commercially funded ICT networks have considerable promise. For e.g. the Warana project, though heavily funded initially by the state of Maharashtra and by Delhi , is currently maintained by the sugarcane co-operative in the area and offers tangible benefits to sugar producers and growers. The E.I.D. Parry project in Nelikuppan Tamil Nadu expects advantages in terms of improved information to their producers about best agricultural practices. ITC-IBD has set up a large no IT Chaupals for soya bean, shrimp and coffee farmers with the goal of reducing the costs of production that currently go to middlemen. It has enabled economic capacity to proliferate at the base of the rural economy by providing farmers with farming know-how and services , timely and relevant weather information, transport price discovery and access to wider markets. Many people in developing countries lack access to basic financial services such as savings, credit, insurance and money transfers. Most of the transactions in such economies are in cash and involve very small amounts. Services supporting the unique requirements of these types of financial transactions can be very useful. A case in the point is M-PESA, one of the more popular services for developing countries ,offered by safaricom which is Kenya’s leading telecommunications company. Currently only 10% of Kenyans have formal bank accounts and M-PESA allows people without bank accounts to complete simple financial transactions, primarily person-to-person money transfer. Since the introduction of the service in march 2007, three million users have registered, and the service has been growing in popularity.
While the needs and wants of the urban wealthy are familiar to the developed world , the unique needs of communities closer to the base of the pyramid suggest interesting new services opportunities.
At IBM’s India research laboratory , the researchers are trying to develop a mobile software platform, called the ‘ spoken web’, for delivering the above kinds of services to communities in emerging countries . the spoken web is a network of voice sites , which exists and operates on the telephony network rather than the internet. Accessing the spoken web does not require an expensive computer , an internet connection or the ability to read and write . people can browse voicesites by talking to them and traverse from one voicesites from another via voilinks, and even conduct transactions simply by talking. What’s more a phone number can act like a URL in the traditional web , and one does not need a high end mobile device to access the spoken web, a plain old rotary phone can do the job. Interaction with customers and dissemination of government information everything can be possible in the mobile web.
INDIAN KNOWLEDGE SOCIETY
Even though there are huge disparities en-route to informatisation, India's focus on growth of the ICT sector has paid rich dividends in terms of export earnings, employment generation and its image of an emerging economy. Large corporations are becoming competitive by deploying enterprise wide solutions to interpret data and make panning and decision making data based. Many have started to feel that the next century will be the century of knowledge. A nation's ability to convert knowledge into wealth and social good through the process of innovations going to determine its future. The economics of knowledge will dominate the coming century.
To meet the twin objective of growth with equity ,knowledge cannot be the prerogative of a few, everyone in the society must have access to knowledge and become knowledge workers. Nations which do not create knowledge societies will vanish into the oblivion. But those that do create knowledge societies will have the potential to lead the world. Now before embarking into a knowledge society , one must first know what is a knowledge society? Creation of a knowledge society should revolve around creating, sharing and using knowledge and information to create wealth and improve the quality of life. Knowledge can be defined as familiarity gained by research and experience, and includes
Know What (knowledge about the fact),
Know Why (scientific knowledge of the principals and laws of nature),
Know How (skills or the capability to do something) and
Know Who (information about who knows what and how to do what).
If the Indian society has to become a knowledge society, then it is important that every Indian becomes a knowledge worker. We need to recognize the concept of a knowledge worker in the broadest possible sense .It is not scientists and technologists alone, who will be knowledge workers .Even a farmer can be a knowledge worker, provided he understands the soil that he is sowing his seeds in and how he lives in an information village, where he has the benefit of short and medium range weather forecasting to plan his farming activity and so on.
PRIORITY OF A KNOWLEDGE SOCIETY
A knowledge society is characterised by new structures of knowledge, methods of dissemination and a technology that permits and sustains unrestricted access to knowledge control over it. Since all human activity uses and creates knowledge, the existing societies are also, in this sense, knowledge societies. Human activity uses and creates knowledge and each society should be characterised and identified by its knowledge base (Lokavidya).
The societal transformation has to be through large-scale development in education, health-care, agriculture and governance. These will turn to employment generation, high productivity and rural prosperity. Such models should aim to provide opportunity for rural economic development and prosperity. Youth in the locality could be easily trained to cater to the requirement of IT enabled services. This will also make available place and manpower at very cheaper rates when compared to urban localities. This will also aid in stopping movement of families towards urban localities .More so the model should try to improve the quality of life in rural places. Knowledge powered rural development is a essential need for transforming India into a knowledge power and high bandwidth rural connectivity is the minimum requirement to take education, health care, and economic dynamism to the rural areas. Knowledge society leading to knowledge superpower can prosper and survive only in the environment of economic security and internal security. Nation has to work for transformation into developed India. For eg if people find that they can book railway tickets through the web in a reliable and secure manner , then nobody will take the pains to travel by scooter or the bike.
CASE STUDY 4
The knowledge system for sustainable food security in the villages of Pondicherry has the empowerment of rural women, men and children with information relating to ecological agriculture,economic access and utilisation as its goal. Such a knowledge system is being managed by the local youth at the village knowledge centre from where the computer aided information system is operated. Farmers who are becoming the knowledge workers are also being trained to maintain a “soil health card “to monitor the impact of farming systems on the physical,chemical and microbiological components of soil fertility.
Enlightened citizens empowered with knowledge will be able to see the crucial link between the 5 E's namely environment,ecology, economics,equity and ethics. They will then not be guided by misinformation fed by vested interest groups. But they will use their knowledge to decide on their own as to what is wrong and what is right. They will not stop projects that lead to economic development but they will stop those that lead to destruction .
CASE STUDY 5
ICT policy of Malaysia
Malaysia being a middle income economy is able to shift from agrarian society in a single generation(during 60's to 80's).ICT has played a dual role in the development of Malaysia, one in product sector and another one as a strategic enabler. Malasia took two major initiatives to address both the issues of economic competitiveness and social equality, such as Multimedia Super Corridor(MSC) targeting economic development and National Information Technology Agenda(NITA) targeting social development. In 1996 National Information Technology Council (NITC was formed in 1994) came out with national IT agenda , with a people centred approach to development. Ita was operationalised with five e-trusts model. They are e-economy,e-public services, e-community, e-learning,and e- sovereignity.
Access to knowledge can impact effectiveness when individuals feel enriched (with new ideas, solutions to problems) and are able to seek information at the time and place where it is needed. Thus knowledge management initiatives should supplement traditional networking through face to face contact. The rural populace lacks the life skills required to filter through the vast information available on the Internet and identify information most relevant to them. The role of intermediaries in interpreting the information needs of rural communities ,collecting the information from public domain sources and dissemination of the information in local text and idiom is very important, as has been demonstrated in pilots in Kothamale and in Pondicherry.
STEPS NEEDED FOR FULL PROOF KNOWLEDGE SOCIETY
? Creation of IT mind set in India-
Information and technology are moving so fast that it has been impossible for general public to keep a tab on the events. There is a need for awareness of it among the people and its utilisation. For e.g. many people though know what is Internet, they dabble with only its minimal applications whereas it has far reaching and in-depth utilisation and impact.
? Promoting development of an enabling policy environment-
To be a knowledge society India needs to develop holistic national policy promoting an enabling environment for a knowledge society for all .In the policy development process special efforts should be taken to address to equitable access, human resources, and application development. Also the linkages between the knowledge society and media and in particular public service broadcasting as a conduit for educational and cultural content should be addressed as an integral part of the policy formulation process and media law revisions .In formulating policy India should encourage transparent dialogue with all the members including the civil society ,communities and private and public sector agencies.
? Promoting equitable access-
India should promote shared access through community multimedia centres and conduct assessment of current access models. India should support innovations in low cost community access targeted specially at marginalised groups. With the possibility to use ICT, librarians and archivists offer great potential as knowledge workers. Many libraries and archives in the region do not provide online access to their readers .Libraries if properly equipped with ICT ,can become for many people an effective gateway to the information society.
? Enhancing knowledge management capacity-
The process of knowledge management for both content and availability is an essential part of modernisation. Human resource development in information management for knowledge workers should take a central place in India's communication and information programme. To support capacity building, particularly in the area of human resource development,India should provide training of local trainers in the fields of ICT at various levels. Also India should promote specialised training programmes for disadvantaged groups to reap the benefits of ICT particularly in ICT enabled learning and enterpreneurial opportunities.
? Developing appropiate content
India to promote appropiate content development ,should rely on creating proactive partnerships with extension services (education,agriculture,health),government agencies,non-governmental agencies,media organisations,and professional organistions. It should be geared towards the ethos and relevance of the local people,and their problems and needs. The universal access cannot be achieved without promoting multilingualism in cyberspace. India should also motivate and support the efforts of public institutes and universities to identify and promote technologies and tools capable of digitizing local contents.
? Developing Public Service Broadcasting
India should continue to harness the potential educational and cultural role of Public Service Broadcasting and need for public service broadcasting to reposition itself to fulfill this function. The challenge to transform public service broadcasting as a democratic platform and an enabling tool for masses to migrate into an eventual knowledge society remains relevant. This is more so with the potential to use broadcasting as a disseminating technology for distance learning in remote rural areas with the possibility of simultaneous data casting of distance learning modules. Repositioning Public Service Broadcasting to act as an interface to bring benefits of ICT to the greatest number of people is a real challenge. India in collaboration with the partners should strive to introduce sharing of high quality educational content through the public service broadcasting systems .There is also a need to ensure a greater gender balance and to supporting media training for women.
? Promoting community radio
The central public interest principle in broadcasting is that of universal access. This principle of access should allow people to participate meaningfully in their community and society. It also includes greater access to the means of production and participating in broadcasting. Community owned and operated radio networks can make radio a truly participatory communication tool. Community radio
Stimulates community participation
Raises the efficiency of decentralisation, enhances local level transparency and accountability. and
Involves people in the design ,implementation and evaluation of local development programmes.
Community radio also has the potential to act as an interface between communities and internet. Converting community radio into multimedia centres with access to information networks should be main thrust of India's approach to promote community radio.
? Regional flagship programmes
India should establish regional flagship programmes.
ICT's for reaching the unreached -should focus on developing sustainable operational models for the unreached groups to access and use knowledge resources for development.
Supporting development of national information and communication policies .Should develop a resource kit for information and communication policy formulation leading to knowledge society. This will include comprehensive guidelines on the policy development process with civil society participation and
Human resource development -should include development of interactive self-learning training courses to increase the skills of the local trainers as well as increasing access to knowledge resources through a portal.
CASE STUDY 6
E-SEVA project of Andhra Pradesh-
From a mere 4,800 transactions a month in august 2001 to a whooping 7.5 lakh transactions a month in February 03, e-seva , Andhra Pradesh , G2C ( Government to citizen) utilities service project has come of age , offering nearly 43 services ranging from payment of utility bills to issuing of certificates, permits to licenses, reservation of buses to B2C services.
CASE STUDY 7
The project SAUKARYAM
Saukaryam in Vishakapatnam is among the few projects using the net effectively to connect citizens to civic administration in real time. People can settle their bills online , check the status of building and water supply plans , receive information on births and deaths, track garbage clearance , even scan tender notices. The idea behind the project is to track every service that is offered by the corporation online; from taxation to public works to city sanitation. Also it offers a discussion forum for people.
CONCLUSION
Though India can boast of an informatisation process which is going down well, yet it would be blunderous on its part to get smugged off easily with its partially achieved success. The problems which are seemingly appearing minuscule, are only the tip of an iceberg, which urgently requires timely intervention, before it assumes gigantic proportion. Instead of resting on its laurels , the government should take note of the loopholes in the machinery itself, which affect seriously the vision of this project.
BIBLIOGRAPHY
1.”Within a decade....family members”, India's communication revolution-from bullock carts to cyber marts—Everett M Rogers and Arvind Singhal—Sage Publications.
2. ”In the case of personal computers....affordable range”. India's communication revolution-from bullock carts to cyber marts—Everett M Rogers and Arvind Singhal—Sage Publications.
1.. Case Study 1,----India's communication revolution-from bullock carts to cyber marts—Everett M Rogers and Arvind Singhal—Sage Publications.
A First class Third Post Graduate in Mass Communication from The University of Burdwan, currently I am working as a lecturer in the Department of Media Science , teaching Advertising, Branding and Marketing in the NSHM College of management and technology. A NET qualified MARCOM Specialist, I started my career as a Guest Faculty in The University of Burdwan and Michael Madhusudan Memorial College, Durgapur. With five years of teaching experience I have wide exposures in presenting papers in conferences and seminars, and writing in various research journals and books related to branding, Advertising, PR and Marketing.My domain knowledge spans from Advertising, Marketing and Corporate communications, in short Marcomm. I have attended and presented papers in seminars and conferences of national and international repute on Branding and Marketing. I have published papers on branding in the research journal of the University of Burdwan and ICFAI Journal of Brand Management. One of my research article is published in the executive MBA Book, of ICFAI, in September 2008. Another research article on ICT, is also due to be published in form of a book in June 2009.
Forum on Modernizing Government: Streamlining Operations 1
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[mage lang="" source="flickr"]arizona employment law vacation pay[/mage] Are there any employment laws that can help me escape from being a permanent temp?
I have worked for my employer in Arizona for 1 and a half years through a temp agency. I work 40 hours a week. Because I am a temp, I receive no vacation benefits and my health benefits through the temp agency are laughable at best.
Is there some limitation to how long a temp, can be a temp without benefits?
My employer is owned by the same parent company as the temp agency that employs me. It would seem they pay temp fees to themselves, thus circumventing having to pay employment benefits.
This is why you people always gripe about the government controlling everything.
You think they really do !
You knew the drill when you signed on for the job.
If you don't like it, then get a new job.
[mage lang="" source="flickr"]national employment law project michigan[/mage] 33 states out of money to fund jobless benefits where is the illegals taxes to cover this matter?
With unemployment still at a severe high, a majority of states have drained their jobless benefit funds, forcing them to borrow billions from the federal government to help out-of-work Americans.
A total of 33 states and the Virgin Islands have depleted their funds and borrowed more than $38.7 billion to provide a safety net, according to a report released Thursday by the National Employment Law Project. Four others are at the brink of insolvency.
Debt-challenged California has borrowed the most, totaling more than $8.4 billion, followed by Michigan and New York, which have loans worth more than $3 billion. Nine other states have borrowed at least $1 billion from the federal government.
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Because there are many illegals who are also collecting unemployment with their fake and stolen cards. They are the reason many are on unemployment in the first place. Nothing is going to help until these illegals are removed and put where they belong, back in their own countries.
I was fired for refusing work 'til sevrl mnths of unpd. ovrtime was reslvd. How do I handle this in an interv.
I worked for a Pennsylvaniia company in California and they refused ot pay me for my overtime and travel pay. They have since gone out of business and the President convicted of EPA violations and export law violations for dealings with Iran. How do I address this period of employment with this company in an interview coming up.
Just tell the truth. If the company promised to pay you for overtime and travel pay, the fact that you waited and didn't take them to the labor board shows you tried to resolve the situation. It should also show the new company that you have patience and a level, logical approach to challenging situations. Good Luck!
Monterey Exploration Ltd. Announces Financial and Operating Results for the Three Months Ended March 31, 2010
CALGARY, ALBERTA--(Marketwire - May 12, 2010) - Monterey Exploration Ltd. ("Monterey" or the "Corporation") (TSX:MXL) is pleased to provide its financial and operating results for the three months ended March 31, 2010. M Quid Pro Quo Season 1, Episode 1
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Method of Proposal of Wireless Power Transmission System
Early Theories of Electromagnetic Propagation
In pre-World War I physics, scientists postulated a number of theories to explain the propagation of electromagnetic energy through the ether. There were three popular theories present in the literature of the late 1800's and early 1900's. They were: 1. Transmission through or along the Earth, 2. Propagation as a result of terrestrial resonances, 3. Coupling to the ionosphere using propagation through electrified gases.
We shall concern our examination at this time to the latter two theories as they were both used by Dr. Tesla at various times to explain his system of wireless transmission of power. It should be noted, however, that the first theory was supported by Fritz Lowenstein, the first vice-president of the Institute of Radio Engineers, a man who had the enviable experience of assisting Dr. Tesla during the Colorado Springs experiments of 1899. Lowenstein presented what came to be known as the "gliding wave" theory of electromagnetic radiation and propagation during a lecture before the IRE in 1915. (Fig. 1)
Dr. Tesla delivered lectures to the Franklin Institute at Philadelphia, in February, 1983, and to the National Electric Light Association in St. Louis, in March, 1983, concerning electromagnetic wave propagation. The theory presented in those lectures proposed that the Earth could be considered as a conducting sphere and that it could support a large electrical charge. Dr. Tesla proposed to disturb the charge distribution on the surface of the Earth and record the period of the resulting oscillations as the charge returned to its state of equilibrium. The problem of a single charged sphere had been analyzed at that time by J.J. Thompson and A.G. Webster in a treatise entitled "The Spherical Oscillator." This was the beginning of an examination of what we may call the science of terrestrial resonances, culminating in the 1950's and 60's with the engineering of VLF radio systems and Š the research and discoveries of W.O. Schumann and J.R. Waite.
The second method of energy propagation proposed by Dr. Tesla was that of the propagation of electrical energy through electrified gases. Dr. Tesla experimented with the use of high frequency RF currents to examine the properties of gases over a wide range of pressures. It was determined by Dr. Tesla that air under a partial vacuum could conduct high frequency electrical currents as well or better than copper wires. If a transmitter could be elevated to a level where the air pressure was on the order of 75 to 130 millimeters in pressure and an excitation of megavolts was applied, it was theorized that;
"...the air will serve as a conductor for the current produced, and the latter will be transmitted through the air with, it may be, even less resistance than through an ordinary copper wire".2 (Fig. 2) Resonating Planet Earth
Dr. James T. Corum and Kenneth L. Corum, in chapter two of their soon to be published book, A Tesla Primer, point out a number of statements made by Dr. Tesla which indicate that he was using resonator fields and transmission line modes.
1. When he speaks of tuning his apparatus until Hertzian radiations have been eliminated, he is referring to using ELF vibrations: "...the Hertzian effect has gradually been reduced through the lowering of frequency."3
2. "...the energy received does not diminish with the square of the distance, as it should, since the Hertzian radiation propagates in a hemisphere."3
3. He apparently detected resonator or standing wave modes: "...my discovery of the wonderful law governing the movement of electricity through the globe...the projection of the wavelengths (measured along the surface) on the earth's diameter or axis of symmetry...are all equal."3
4. "We are living on a conducting globe surrounded by a thin layer of insulating air, above which is a rarefied and conducting atmosphere...The Hertz waves represent energy which is radiated and unrecoverable. The current energy, on the other hand, is preserved and can be recovered, theoretically at least, in its entirety."4
As Dr. Corum points out, "The last sentence seems to indicate that Tesla's Colorado Springs experiments could be properly interpreted as characteristic of a wave-guide probe in a cavity resonator."5 This was in fact what led Dr. Tesla to report a measurement which to this day is not understood and has led many to erroneously assume that he was dealing with faster than light velocities.
The Controversial Measurement;
It does not indicate faster than light velocity
The mathematical models and experimental data used by Schumann and Waite to describe ELF transmission and propagation are complex and beyond the scope of this paper. Dr. James F. Corum, Kenneth L. Corum and Dr. A-Hamid Aidinejad have, however, in a series of papers presented at the 1984 Tesla Centennial Symposium and the 1986 International Tesla Symposium, applied the experimental values obtained by Dr. Tesla during his Colorado Springs experiments to the models and equations used by Schumann and Waite. The results of this exercise have proved that the Earth and the surrounding atmosphere can be used as a cavity resonator for the wireless transmission of electrical power. (Fig. 3)
Dr. Tesla reported that .08484 seconds was the time that a pulse emitted from his laboratory took to propagate to the opposite side of the planet and to return. From this statement many have assumed that Š his transmissions exceeded the speed of light and many esoteric and fallacious theories and publications have been generated. As Corum and Aidinejad point out, in their 1986 paper, "The Transient Propagation of ELF Pulses in the Earth Ionosphere Cavity", this measurement represents the coherence time of the Earth cavity resonator system. This is also known to students of radar systems as a determination of the range dependent parameter. The accompanying diagrams from Corum's and Aidinejad's paper graphically illustrate the point. (Fig. 3 & Fig. 4)
We now turn to a description of the methods to be used to build, as Dr. Tesla did in 1899, a cavity resonator for the wireless transmission of electrical power.
PROJECT TESLA:
The Wireless Transmission of Electrical Energy Using Schumann Resonance
It has been proven that electrical energy can be propagated around the world between the surface of the Earth and the ionosphere at extreme low frequencies in what is known as the Schumann Cavity. The Schumann cavity surrounds the Earth between ground level and extends upward to a maximum 80 kilometers. Experiments to date have shown that electromagnetic waves of extreme low frequencies in the range of 8 Hz, the fundamental Schumann Resonance frequency, propagate with little attenuation around the planet within the Schumann Cavity.
Knowing that a resonant cavity can be excited and that power can be delivered to that cavity similar to the methods used in microwave ovens for home use, it should be possible to resonate and deliver power via the Schumann Cavity to any point on Earth. This will result in practical wireless transmission of electrical power.
Background
Although it was not until 1954-1959 when experimental measurements were made of the frequency that is propagated in the resonant cavity surrounding the Earth, recent analysis shows that it was Nikola Tesla who, in 1899, first noticed the existence of stationary waves in the Schumann cavity. Tesla's experimental measurements of the wave length and frequency involved closely match Schumann's theoretical calculations. Some of these observations were made in 1899 while Tesla was monitoring the electromagnetic radiations due to lightning discharges in a thunderstorm which passed over his Colorado Springs laboratory and then moved more than 200 miles eastward across the plains. In his Colorado Springs Notes, Tesla noted that these stationary waves "... can be produced with an oscillator," and added in parenthesis, "This is of immense importance."6 The importance of his observations is due to the support they lend to the prime objective of the Colorado Springs laboratory. The intent of the experiments and the laboratory Tesla had constructed was to prove that wireless transmission of electrical power was possible.
Schumann Resonance is analogous to pushing a pendulum. The intent of Project Tesla is to create pulses or electrical disturbances that would travel in all directions around the Earth in the thin membrane of non- conductive air between the ground and the ionosphere. The pulses or waves would follow the surface of the Earth in all directions expanding outward to the maximum circumference of the Earth and contracting inward until meeting at a point opposite to that of the transmitter. This point is called the anti-pode. The traveling waves would be reflected back from the anti-pode to the transmitter to be reinforced and sent out again. Š At the time of his measurements Tesla was experimenting with and researching methods for "...power transmission and transmission of intelligible messages to any point on the globe." Although Tesla was not able to commercially market a system to transmit power around the globe, modern scientific theory and mathematical calculations support his contention that the wireless propagation of electrical power is possible and a feasible alternative to the extensive and costly grid of electrical transmission lines used today for electrical power distribution.
The Need for a Wireless System of Energy Transmission
A great concern has been voiced in recent years over the extensive use of energy, the limited supply of resources, and the pollution of the environment from the use of present energy conversion systems. Electrical power accounts for much of the energy consumed. Much of this power is wasted during transmission from power plant generators to the consumer. The resistance of the wire used in the electrical grid distribution system causes a loss of 26-30% of the energy generated. This loss implies that our present system of electrical distribution is only 70-74% efficient.
A system of power distribution with little or no loss would conserve energy. It would reduce pollution and expenses resulting from the need to generate power to overcome and compensate for losses in the present grid system.
The proposed project would demonstrate a method of energy distribution calculated to be 90-94% efficient. An electrical distribution system, based on this method would eliminate the need for an inefficient, costly, and capital intensive grid of cables, towers, and substations. The system would reduce the cost of electrical energy used by the consumer and rid the landscape of wires, cables, and transmission towers.
There are areas of the world where the need for electrical power exists, yet there is no method for delivering power. Africa is in need of power to run pumps to tap into the vast resources of water under the Sahara Desert. Rural areas, such as those in China, require the electrical power necessary to bring them into the 20th century and to equal standing with western nations.
As first proposed by Buckminster Fuller, wireless transmission of power would enable world wide distribution of off peak demand capacity. This concept is based on the fact that some nations, especially the United States, have the capacity to generate much more power than is needed. This situation is accentuated at night. The greatest amount of power used, the peak demand, is during the day. The extra power available during the night could be sold to the side of the planet where it is day time. Considering the huge capacity of power plants in the United States, this system would provide a saleable product which could do much to aid our balance of payments.
MARKET ANALYSIS
Of the 56 billion dollars spent for research by the the U.S government in 1987, 64% was for military purposes, only 8% was spent on energy related research. More efficient energy distribution systems and sources are needed by both developed and under developed nations. In regards to Project Tesla, the market for wireless power transmission systems is enormous. It has the potential to become a multi-billion dollar per year market. Š
Market Size
The increasing demand for electrical energy in industrial nations is well documented. If we include the demand of third world nations, pushed by their increasing rate of growth, we could expect an even faster rise in the demand for electrical power in the near future.
In 1971, nine industrialized nations, (with 25 percent of the world's population), used 690 million kilowatts, 76 percent of all power generated. The rest of the world used only 218 million kilowatts. By comparison, China generated only 17 million kilowatts and India generated only 15 million kilowatts (less than two percent each).7 If a conservative assumption was made that the three-quarters of the world which is only using one-quarter of the current power production were to eventually consume as much as the first quarter, then an additional 908 million kilowatts will be needed. The demand for electrical power will continue to increase with the industrialization of the world.
Market Projections
The Energy Information Agency (EIA), based in Washington, D.C., reported the 1985 net generation of electric power to be 2,489 billion kilowatt hours. At a conservative sale price of $.04 per kilowatt hour that results in a yearly income of 100 billion dollars. The EIA also reported that the 1985 capacity according to generator name plates to be 656,118 million watts. This would result in a yearly output of 5,740 billion kilowatt hours at 100% utilization. What this means is that we use only about 40% of the power we can generate (an excess capability of 3,251 billion kilowatt hours).
Allowing for down time and maintenance and the fact that the night time off peak load is available, it is possible that half of the excess power generation capability could be utilized. If 1,625 billion kilowatt hours were sold yearly at $.06/kilowatt, income would total 9.7 billion dollars.
Project Tesla: Objectives
The objectives of Project Tesla are divided into three areas of investigation.
1. Demonstration that the Schumann Cavity can be resonated with an open air, vertical dipole antenna; 2. Measurement of power insertion losses; 3. Measurement of power retrieval losses, locally and at a distance.
Methods
A full size, 51 foot diameter, air core, radio frequency resonating coil and a unique 130 foot tower, insulated 30 feet above ground, have been constructed and are operational at an elevation of approximately 11,000 feet. This system was originally built by Robert Golka in 1973- 1974 and used until 1982 by the United States Air Force at Wendover AFB in Wendover, Utah. The USAF used the coil for simulating natural lightning for testing and hardening fighter aircraft. The system has a capacity of over 600 kilowatts. The coil, which is the largest part of the system, has already been built, tested, and is operational.
A location at a high altitude is initially advantageous for reducing atmospheric losses which work against an efficient coupling to the Schumann Cavity. The high frequency, high voltage output of the coil will be half wave rectified using a uniquely designed single electrode X-ray tube. The X-ray tube will be used to charge a 130 ft. tall, Š vertical tower which will function to provide a vertical current moment. The mast is topped by a metal sphere 30 inches in diameter. X-rays emitted from the tube will ionize the atmosphere between the Tesla coil and the tower. This will result in a low resistance path causing all discharges to flow from the coil to the tower. A circulating current of 1,000 amperes in the system will create an ionization and corona causing a large virtual electrical capacitance in the medium surrounding the sphere. The total charge around the tower will be in the range of between 200-600 coulombs. Discharging the tower 7-8 times per second through a fixed or rotary spark gap will create electrical disturbances, which will resonantly excite the Schumann Cavity, and propagate around the entire Earth.
The propagated wave front will be reflected from the antipode back to the transmitter site. The reflected wave will be reinforced and again radiated when it returns to the transmitter. As a result, an oscillation will be established and maintained in the Schumann Cavity. The loss of power in the cavity has been estimated to be about 6% per round trip. If the same amount of power is delivered to the cavity on each cycle of oscillation of the transmitter, there will be a net energy gain which will result in a net voltage, or amplitude increase. This will result in reactive energy storage in the cavity. As long as energy is delivered to the cavity, the process will continue until the energy is removed by heating, lightning discharges, or as is proposed by this project, loading by tuned circuits at distant locations for power distribution.
The resonating cavity field will be detected by stations both in the United States and overseas. These will be staffed by engineers and scientists who have agreed to participate in the experiment.
Measurement of power insertion and retrieval losses will be made at the transmitter site and at distant receiving locations. Equipment constructed especially for measurement of low frequency electromagnetic waves will be employed to measure the effectiveness of using the Schumann Cavity as a means of electrical power distribution. The detection equipment used by project personnel will consist of a pick up coil and industry standard low noise, high gain operational amplifiers and active band pass filters.
In addition to project detection there will be a record of the experiment recorded by a network of monitoring stations that have been set up specifically to monitor electromagnetic activity in the Schumann Cavity.
Evaluation Procedure
The project will be evaluated by an analysis of the data provided by local and distant measurement stations. The output of the transmitter will produce a 7-8 Hz sine wave as a result of the discharges from the antenna. The recordings made by distant stations will be time synchronized to ensure that the data received is a result of the operation of the transmitter.
Power insertion and retrieval losses will be analyzed after the measurements taken during the transmission are recorded. Attenuation, field strength, and cavity Q will be calculated using the equations presented in Dr. Corum's papers. These papers are noted in the references. If recorded results indicate power can be efficiently coupled into or transmitted in the Schumann Cavity, a second phase of research involving power reception will be initiated.
Environmental Considerations
The extreme low frequencies (ELF), present in the environment have several origins. The time varying magnetic fields produced as a result of solar and lunar influences on ionospheric currents are on the order of 30 nanoteslas. The largest time varying fields are those generated by solar activity and thunderstorms. These magnetic fields reach a maximum of 0.5 microteslas (uT) The magnetic fields produced as a result of lightning discharges in the Schumann Cavity peak at 7, 14, 20 and 26 Hz. The magnetic flux densities associated with these resonant frequencies vary from 0.25 to 3.6 picoteslas. per root hertz (pT/Hz1/2).
Exposure to man made sources of ELF can be up to 1 billion (1000 million or 1 x 109) times stronger than that of naturally occurring fields. Household appliances operated at 60 Hz can produce fields as high as 2.5 mT. The field under a 765 kV, 60 Hz power line carrying 1 amp per phase is 15 uT. ELF antennae systems that are used for submarine communication produce fields of 20 uT. Video display terminals produce fields of 2 uT, 1,000,000 times the strength of the Schumann Resonance frequencies.9
Project Tesla will use a 150 kw generator to excite the Schumann cavity. Calculations predict that the field strength due to this excitation at 7.8 Hz will be on the order of 46 picoteslas.
About the Author
Assistant professor in lord venkateswara engineering college.I am doing phd in sathyabama university, Tamil Nadu,India.
Discrimination, Harassment, and Retaliation - Super Supervisor Series
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University of Texas Professor, Turned Arbitrator-mediator
On a recent Southwest Airlines flight from Dallas to Oklahoma City, I happened to meet someone who is called into the situation only if there is a dispute between a labor union and management that cannot be resolved by the parties themselves. Yes, he belongs to an elite group of men and women in the US, who are called into play only when labor arbitration is required. Arbitration in the U. S. is voluntary in the private sector and mandated in the federal sector, but the parties don't need to go through the federal government and often don't to decide on an arbitrator.
Further, at age 65, he too definitely reinvented himself from a University of Texas Graduate Business School professor to what he is today, a US labor arbitrator-mediator. After nearly 30 years at the University of Texas at Austin, I. B. “Beber” Helburn went from teaching Labor Relations, HR Management, Negotiation and Arbitration, with a part-time job of serving in his current capacity, to now practicing what he had preached full-time.
Of course, since Beber Helburn had begun his University of Texas at Austin Business School stint in January, 1968, UT Austin has steadily risen in prominence to what it has become today. Modestly, Helburn doesn’t choose to take any particular credit for the school’s current reputation, although in all honesty being able to take classes from such a professor would be exciting for any student.
After completing his Ph.D from the University of Wisconsin Industrial Relations Institute, with a major in Industrial Relations, Dr. Helburn principally served as a university professor, but he also briefly functioned as a consultant to the Committee on Wages and Employment to the House of Representatives, State of Texas for approximately one year (which report led to the passage of the first state minimum wage law). Helburn has been listed on the Federal Mediation and Conciliation Service, labor arbitration panel from 1972 until the present, the labor panel of the American Arbitration Association since 1974 and the labor panel of the National Mediation Board since 1992.
Helburn has been involved with Arbitration panels over the years, which have included all of the following companies: AT&T and the Communications Workers of America; Continental Airlines and the International Association of Machinists (Flight Attendants); Continental Airlines and the Air Line Pilots Association (ALPA
