[mage lang="" source="flickr"]employment law tampa[/mage] Is having a minor a bad idea?
I am a Political Science major and I am minoring in Criminology and L;aw and Justice. I was wondering if that would limit my employment possibilites after I graduate?
Another question: I am attending the University of Tampa and I dont believe its that prestigous. I plan to attend law school at George Washington or Americant so graduating from UT wouldn't matter right?
Having a minor should not limit your employment possibilities. Most people have a Major and a Minor. Some have multiple Majors or Minors. You need a certain number of credits to graduate anyways, you might as well use them to gain some expertise in a field. As far as what school you are going to, once you are through with law school, most people won't care where you did your undergrad work. However your law school of choice might care. Depending on how far into your degree you are, your options to make changes may be limited. I suggest talking to the admissions at the law schools you are interested in and asking what criteria they look at when selecting students. If you are worried UT might not have the best Poli Sci programs, go the extra mile. Take more intense classes than required, participate in school groups that relate to your major or to law, become active in political campaigns.
Employment Law Defense | Tampa Law Firm | Employment Discrimination
Why do the police seem so helpless against criminals?
Sure cops can make life difficult for law abiding citizens but the seem to be completely inept when it comes to stopping criminals. I see guys out in the streets selling drugs. Homes get robbed, cars get stolen. It seems the only thing police can do that actually has an effect is write tickets and arrest good people. As a law abiding citizen I fear being arrested because it can mess up my employment opportunities among other things. A criminal does not care about these things. Are their hands tied or do the cops just care about hurting good people?
Its like taking away the gun rights of the people. The only people who will obey a gun law are the people least likely to use them.
Police officers cannot work in a vacuum. If they don't have the cooperation from citizens who give them information then it is very difficult to stop many criminals. Why would you worry about getting arrested if you don't do anything against the law? It is actually extremely easy to follow the law of the land. I have lost track of the number of times that in my small town there were several people who knew exactly what was going on in the town in regards to who was doing B&Es but no one wants to get involved. Police need information and there is no magic way of getting this.
Also, I spend a lot of time going to calls where people are complaining that their 6 year old is getting beat up by the neighbours 6 yr old or complaints that their neighbour is putting snow in their driveway. Most police services are extremely understaffed, at least in my part of the world, and it takes many officers and lots of man hours to be effective against the crimes you mention.
Do you know what the number one complaint I get from people when I meet them? People speeding in their neighbourhoods.
As for arresting "good" people? I arrest people when I have reasonable and probable grounds to believe they have committed criminal offences. Are some of them "good"? Yes I suppose some of them are. But you can be a great citizen and neighbour and still hit your wife.
[mage lang="" source="flickr"]employment law degree in florida[/mage] Why are companies allowed to blacklist former employers?
I feel that I have been blacklisted. It has been almost five years since I have worked. The problem started after leaving A Fortune 500 Company in Georgia. Due to being unemployed, I found time to obtain a Master's Degree in Business and despite being a law abiding citizen, no one has hired me. I live in Florida and can't find employment because I have been unemployed for too long. The sad part is that my credit has suffered extensively. I now have over $100,000 in student loans to repay. However, the worst part is that I'm in my 40's and am now facing age discrimination. I've actually been offered jobs and had them rescinded.
As a result of my job loss and continued unemployment, I have lost my beautiful house, a cargo van and a 2001 Honda Civic. So, in America companies can do whatever they want to destroy the lives of an employee. I lost my job because I suffered from depression. Is this fair, do I deserve this for being sick?
Legally, I company only reveal a former employee's date of hire, job title, and the date the employee left. If you feel that you cannot get a job because a former employer, see an attorney.
Ft. Lauderdale Law Firm Tripp Scott (South Florida) Norman Tripp Bio
[mage lang="" source="flickr"]uk employment law overtime[/mage] overtime pay...is it legal????????
Does anyone know anything about employment laws in the UK? by boyfriends boss has paid him (and all other colleagues) overtime and so they are now forced to the overtime, even though they havent asked for it. It wasn't an 'accident' on the bosses part (i used to work for him too) IS he allowed to do this to people?
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.
JOBS
Job seeking legal immigrants face a myriad of federal restrictions on their employment not faced by illegal aliens. They must get approval and pay thousands of dollars to remain in the country. They are prevented from taking jobs unless they have been offered to citizens first. Further, they cannot be paid less than is offered to an American citizen. The objective of this policy is to ensure that immigrants actually do take jobs that Americans do not want. This law is not implemented for illegal alliens.
Illegal immigration is unfair to American citizens and to the immigrants who go to great lengths to enter this country legally. As with other countries, the US needs to document all of its visitors.
I have now met two people on here with a positive IQ in the last two weeks. Things are really looking up.
Now if we could just a few elected officials to see this perhaps something positive might come out of Washington, DC.
[mage lang="" source="flickr"]employment law cyprus[/mage] Labour and Employment
The United States Department of State is proposing to amend the International Traffic in Arms Regulations ("ITAR") requirements regarding dual nationals and third-country nationals employed by recipients of controlled goods and technology.
[affmage source="amazon" results="5"]employment law cyprus[/affmage]
[mage lang="" source="flickr"]labor and employment law philippines[/mage] People’s Demands on Aquino’s First State of the Nation Address
By ANNE MARXZE D. UMIL Because the Arroyo administration left the country in a crisis of unparalleled proportions, progressive groups presented an agenda, which they deem as necessary for the nation's survival. EPS Nepal 2008 Employment Permit System & Illigal Nepali Workers
[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
A few question in the order of padding out my work application..? I want to work as a waitress at IHOP. It asks for 'position(s) applied for'..is there a better term for waitress? Or is waitress fine? It asks for my highschool and the years completed, scope, major, and grade average...Well..I put so far 2004-2007. I graduate early with an Advanced diploma if that what the amount means..and I have no clue around major and grade average. I wasn't getting adjectives A's but I didn't get too many C's. Can I purely put 3.0 average? or what. Also, if i don't no how, or it doesn't apply to me, do i leave it blank, write n/a or put a small slash for the answer part? Thank you for reading and please helllp lol
A few question in the order of your occupation!? I would love it if someone with a professional career would answer some... okay resembling five of these questions. I need to write a thesis for my career exploration class and survey real living population about their established careers and experience contained by the work force. If by any chance some loving person could do this tonight I would be so grateful! Thanks:) How did you draw from interested in this type of work? Get started in this assignment? How did you prepare yourself? What classes or projects can I do to prepare myself for this career? What is the most valuable article you learned in college that help in this career? Knowing what you know in a minute, would you take this same career bridleway? Why? What do you like the most about your post? Least/Most rewarding? What skills or personal qualities are necessary surrounded by this career? What do you do on a typical day? What type of population do you work with? What are other specialties in this work area? Would you advise infantile people to enter this career nouns? Why/why not? What is the job outlook? What will affect its growth or decline? What do you think one should expect as a starting gross? How does your job affect your family and sport life? How do you balance the oodles life roles you play (employee, spouse, parent, community volunteer, church worker, etc.)? Do you have any specific counsel for someone who is considering entering into this particular profession?
A few question roughly speaking this Application entry I get...? Hi, I just handed within a Resume at the Home Hardware today and they gave me an application form to fill out...I a short time ago have a few questions on a few things. Well first bad, Theres a section where it say "To be an effective employee, what must a soul do or do not do?" I know full well what a good hand has to do, But any suggestions as to what one must not do, Besides the Obvious "dont slack off" or "don't have a fruitless attitude"? and another question says, "What position are you applying for". I simply wish to know what positions are offered at Home Hardware as Part time employment... so if anyone could help me out next to this, that would be great!
A french man looking for a serious situation surrounded by the USA? Hi! i 'm french and i would love to find a job in the usa ! does anyone know how i can win a job with a diploma similar to the elevated school diploma delivered inside the united states (in france it's called baccalaureat )
A grill in the region of Target Security? What company does Target use to have security contained by their stores and patrolling around their parking lot... in Chicago or any where on earth else as well in the states
A grill nearly working two Jobs .Need Help and guidance .My neph? My Nephew works Part Time for In home Health care that pays pretty good. But he have to take on a second job because the In Home Health assistance is not enough money. So he works at a grocery store part time too for partly the money an hour. They know he works also for In Home Health care . The manager at the grocery store asked him to come support to work for them.. My nephew said he would because we really need the money (we share rent ) but by Law he can only work 20 more hours if he wishes to keep his In Home Health care Job (which is basically over 30 hours a week) - in another job. How ever Now the grocery store official keeps giving him 30 hours a week as well. No situation how much he requests only 20 hours. There are not a lot of job in this town . He does not want to quit his job at the grocery store for measurable reasons and certainly not the In Home Health Care Job. He have talked to the store manager time and again nearly it .He knows he is lucky to have two job and he is an excellent employee. What would you do if you were my Nephew ? With rising Heating costs this winter -My VA allowance check can not cover the increase either. Any ideas ? My Nephew is not comfortable lying to the State Run In Home robustness Care.
A Group Interview Problem? When your being interviewed in a group of individuals...if a question is asked and you know your answer but someone starts talking past you and says the same item..would the manager think that im copying bad of them? Or actually believe that was my answer i be gonna give anyways?
A guy beside Ph.D level contained by Commerce specialised within OB (HR branch)-how would be a SAP HR Module would be doing? ………a person with Ph.D point in Commerce, specialized in Organizational behavior (for Ph.D), how would be a SAP HR module would be beneficial for him? Is it making any sense to pursue the course? What's the Scope? Please guide me.
A honourable paying desk opening? i've been busting my *** at restaurant/retail for a crappy pay for times past year. i know there are desk jobs out near that all you do is answer the phone/store files and get a clad pay. does anyone have a virtuous example of such jobs? what businesses and what positions are the best? i know people who enjoy such jobs but they all get hired by their parents and i'm not as lucky. also, will i be able to be hired with no desk experience? i know how to use essential computer programs and how to work with people
A intensely apposite assignment? what is a good job where on earth i can make alot of money like 150k-300k a year after college and perchance some after stuff. a list of good and intresting job
A job ..college warning..sorta..kinda? I am a business major.. yet I took something like 18 credits in semester and I seem to be amazingly ratification everything since , I took basically all my liberal arts classes contained by one semester and they all involve psychology and philosophy..Now by getting a 3.0 would you think that i might be better of switching to a psychology most important or is it just that i have a great amount of interest contained by the human services field?
A Job Interview Tomorrow--hayelp!? Okay, so the description of the job: a call center clutch orders from clients clients are christian based must be ready to pray with clients, if asked. so as far as the interview goes: what should I bring? what question do you think they will ask? will they want me to pray with them as a try-out of my ability? if they ask me about my church attendance (none), what should I read out?
A Levels to become a Journalist? I'm apllying to College soon & my aim is to become a journalist. So far I was thinking: English Lit English Lang Media Studies History But do you really inevitability both English classes? As I'd really like to do socialology or something along those lines. If you've got any suggestion, I'd love to hear it. Thanks !
A little facilitate next to a resume...? What would be a good sentence or two to put under my "objective".. Example ->> "Seeking a position surrounded by the medical field.." This is a resume that I will be turning into several jobs.. Like retail stores, city job, offices, etc. Thanks.
A livelihood that requires driving..? Have u ever had a job that required you to drive while on the clock?...( This press is not for truckdrivers or taxi drivers) If so, how was it? How far did you enjoy to drive?What was the job and be it worth it? I ask because I am starting job at a Rehabilitation center for people beside Traumatic Brain Inuries I will be helping them witth their everyday activities, transporting them to and from doctors visits and so forth. Its 16 miles from my house but I can be expeced to drive anywhere from 10-30 miles from the facility.. They do rate mileage but its only .45 per mile which is nothing. If I drive 28 miles I obtain like 12.00.so its nothing Im looking forward to (the driving) but I am an entry rank CNA and I need experience from somewhere. Im not really worried about driving itself, Im worried roughly speaking the wear and tear I will be putting n my car an how difficult it will be to drive contained by the snow in a couple months(I live in Michigan) They enjoy 2 company vehicles but only allow the character driving the furthest at the time to use it.
A living for me...im 22,pretty and resembling to b well-groomed and look righteous, speak okay, done my big academy...? im working as a P.A.-find it boring.myers briggs personality test shows me as INTJ.but at times i am so bold no1 would hold guessed.i need to decide on a profession now.i love the public eye and being contained by the center of things BUT dislike sales jobs wher its tough to achieve things from ppl- guys who r lecherous and women who want to pull u down-u just cant count on ppl.wat errand can i get where i can b see, speak to ppl, etc yet not hav my job n LIFE completely depending on THEM?
A living that requires lots of traveling? I'm trying to write a story, and I have two characters whose parents travel a lot. Why? Because I obligation them to be in a random small town at a irregular time, and I need them to be rarely surrounded by the area... but it can't be something like "visit Grandma" or something... they need to have a basis to be traveling... any ideas?
A plane choices for a trade within medication? Hi, I live in the UK & the untimate goal is to become a surgeon. Im going to lift Chemisrty & Biology but i need another subject. For the medical course at uni I need AAB. What other subjects(s) should i appropriate at A level. Would i be able to do PE or do i obligation something more accademic? Thanks
A position i could never do? I have to write a paper on a position i could never do, however im having a hard time thinking of something >. A powerfully payed commission beside immensely little hours? is there anyvery well remunerated jobs with litttle hours. and what collage things would i have need of to do to get that job. (preferlabry something to do near police work).
A principal who race allways slag rotten.im within the middle? we have a manager ,small catering company four race employed .two middle aged women 30 plus do there work and two students.one middle aged women refuses to do overtime other one does what ever. shes asked ,one student polite and get on with her work ,the other one allways slagging manager rotten, not nice to customers .the manager is always singing her praise the one that slags her stale ... i know all of this whats going on d y think i should permit her find out her self whats being said about her .im contained by the middle of all this i never slag anyone off .should i in recent times leave it or should i say something ,,,,,,,,
A Question in connection with my EI benefits, attending institution and seeking section time employment? Here's the deal: I have be collecting Regular EI benefits since the Spring and I worked a part time job over the summer. Service Canada agreed to provide funding for a post lesser program in another town. So I started school within September and Service Canada gave me authorization to quit my part time position because I have just cause (school be in another town). Since moving to this new town I established to take another part time position where on earth the pay is $8 for a maximum of 14 hrs per week.so here is my question: If I can find another chunk time position for $10 per hour with more flexible working hours during the week and the possibily of obtaining up to 18 hours per week would I be capable of quit my current part time job? Seeing that they are funding my anyone in school would they expect me to work at both places because it wouldnt in truth be possible seeing that one job has restricted hours of operation and I am contained by school full time all afternoon long. Should I call and ask permission or not? Do you regard it would be allowed? Any advice on this matter would be greatly appreciated!
A QUESTION THAT WILL CHANGE YOUR LIFE!? why would someone not work at a more expensive restraunt rather then a cheaper one. I mingy a nice restraunt just gives you better tips. So why arbys instead of red lobster?
A quiz more or less getting a undertaking at Wal-Mart? Alright I went in for an interview today for the meat department.. Well I get an interview with the department manager, later a second with the Assistant Manager.. They said they'd call me vertebrae in a few days after the reference check to present me a position.. Well one of the jobs I put down as a refrence I didnt exactly leave on upright terms.. They screwed me bad on hours since we get a new HR there and I lately stopped showing after a bad argument...I was wondering if anyone on here worked personel in the past and knows if they're calling job refrences or merely the refrences I put down?..I heard differant things from everyone I talked to
A recent illustrious institution student is contained by obligation of your lend a hand. THANKS A LOT!? I'm a recent high school grad and own don't really have an interest in anything. Please don't articulate take a couple of classes in college to see what interests you. I KNOW THAT! I'm sick and tired of audible range that over and over and over again. I need some real answers here. I am looking for a fun and exciting art. I don't want a traditional 9-5 office job or anything, I want an adventurous mission that will allow me to travel the world. I don't want to be a pilot or travel agent though. I want it to be well paying job, not a tour guide or anything. I knwo for sure I'm not cut out for math and science, so I'm genus of thinking business might be ideal for me...say International Business. I'm the type of creature who knows when I don't like something and I know that I don't close to anything because I've done tons and tons of research on every single job and career. I've also taken plenty of classes surrounded by anything that I think may interest me. I'm also trying to figure out what some hot career are in the future, but everything to be precise going to be hot and growing includes: IT and health, which I obviously don't resembling. I know you might be thinking, why doesnt' she figure it out on her own, but come on I really need some relieve here. I was home schooled, so don't really hold any guidance. I just want to know of some unique, fun, adventurous, travel packed and exciting jobs that are going to be hot in the adjectives. I know you're probably going to say, follow your heart...but I really don't know. PLEASE PLEASE help me.
A rewarding, all the rage charge, or a perfect paying undertaking? Which would you choose? I'm in a bit of a dilemma. The career track I really would like to take doesn't money all that great, but I have my heart set on it. I'm only wondering other's opinions, would you rather enjoy a job you love or a job next to a good pay? And why?
A snoop contained by the bureau think I'm getting remunerated too much? (read on for details)? Someone here in the office found out my hourly wage and spread it around to others surrounded by the office. When I found out I was angry because I never told anyone and my wage is none of their business. They're adjectives complaining, saying its unfair because I'm within a low level position but earn the same hourly wage as adjectives the other higher ranking (but non-management) office personnel. I work for a small familial owned contracting firm in Texas, near Houston. I'm concerned because these guys are going to petition and convince the owner to cut my wage to $10/hr...the going rate for my position surrounded by this area for a company this size. Texas is an at-will state so I think the owner can lawfully do this if he chooses. Considering how I remember my boss arguing with the owner over the phone about paying me $14/hr (owner looked-for $10/hr or less) I think he is likely to do it. I'm an Administrative Assistant making $14/hr. I answer the phone, bar city permitting and inspection issues, handle company and counter sales, back up for scheduling...when this guy isn't contained by I fill in for him 100% (take adjectives his calls, schedule installations, trims, and final work) scan & email paperwork, and scan within paperwork for archival purposes. I also happen to be the only extremely computer savvy member of staff in the company. I provide software assistance for all packages including AutoCAD (have an honors level in drafting), troubleshoot the computers and issue a report to accounting who then contacts the outsourced upholding company to complete the repairs, maintain/upgrade all databases, create new applications, maintain/upgrade the in-house created software (originally created by my ex-boss who quit more rapidly this year). In your opinion...is $14/hr too much for my position considering my duties as listed above?
[mage lang="" source="flickr"]employment law tallahassee[/mage] Drivers' License Changes Creating Dilemma
CENTRAL FLORIDA -- A new state law designed to protect your safety may have backfired. Florida has made it much tougher to renew a drivers’ license, but it's so tough WFTV found it may be driving thousands of people to break the law. Green Edwin A II Tallahassee FL
Sewage Sludge Disposal – Land Application -environmental Problems – an Overview
SEWAGE SLUDGE DISPOSAL – LAND APPLICATION -ENVIRONMENTAL PROBLEMS – AN OVERVIEW
Md. Wasim Aktar
Pesticide Residue Laboratory, Department of Agricultural Chemicals,
Bidhan Chandra Krishi Viswavidyalaya, Mohanpur-741252, Nadia, West Bengal, India
1. Introduction
Most wastewater treatment processes produce a sludge which has to be disposed of. Conventional secondary sewage treatment plants typically generate a primary sludge in the primary sedimentation stage of treatment and a secondary, biological, sludge in final sedimentation after the biological process. The characteristics of the secondary sludge vary with the type of biological process and, often, it is mixed with primary sludge before treatment and disposal. Approximately one half of the costs of operating secondary sewage treatment plants in Europe can be associated with sludge treatment and disposal. Land application of raw or treated sewage sludge can reduce significantly the sludge disposal cost component of sewage treatment as well as providing a large part of the nitrogen and phosphorus requirements of many crops. Very rarely do urban sewerage systems transport only domestic sewage to treatment plants; industrial effluents and storm-water runoff from roads and other paved areas are frequently discharged into sewers. Thus sewage sludge will contain, in addition to organic waste material, traces of many pollutants used in our modern society. Some of these substances can be phytotoxic and some toxic to humans and/or animals so it is necessary to control the concentrations in the soil of potentially toxic elements (PTE) and their rate of application to the soil. The risk to health of chemicals in sewage sludge applied to land has been reviewed by Dean and Suess1
Sewage sludge also contains pathogenic bacteria, viruses and protozoa along with other parasitic helminths which can give rise to potential hazards to the health of humans, animals and plants. A WHO (1981) Report on the risk to health of microbes in sewage sludge applied to land identified salmonellae and Taenia as giving rise to greatest concern. The numbers of pathogenic and parasitic organisms in sludge can be significantly reduced before application to the land by appropriate sludge treatment and the potential health risk is further reduced by the effects of climate, soil-microorganisms and time after the sludge is applied to the soil. Nevertheless, in the case of certain crops, limitations on planting, grazing and harvesting are necessary.
Apart from those components of concern, sewage sludge also contains useful concentrations of nitrogen, phosphorus and organic matter. The availability of the phosphorus content in the year of application is about 50% and is independent of any prior sludge treatment. Nitrogen availability is more dependent on sludge treatment, untreated liquid sludge and dewatered treated sludge releasing nitrogen slowly with the benefits to crops being realised over a relatively long period. Liquid anaerobically-digested sludge has high ammonia-nitrogen content which is readily available to plants and can be of particular benefit to grassland. The organic matter in sludge can improve the water retaining capacity and structure of some soils, especially when applied in the form of dewatered sludge cake.
2. What is sludge?
Residuals, biosolids, septage, sewage, wastewater byproduct, compost: there are many names for sludge and sludge products. The term “sludge” is used as most people understand it: the sometimes solid, sometimes liquid material generated by wastewater treatment plants and used as fertilizer on fields, in gravel pits, and on forestry lots throughout the state. Sludge may classified as “Class A” if it has been treated to reduce germs to background levels (levels normally found in soils) and “Class B” if it has been treated so that germs are reduced by an estimated 90%.
3. Composition of sewage sludge:
The nature of the sewage sludge depends on the waste water treatment process and on the source of the sewage. In general it contains both toxic and non-toxic organic wastes. Of the two, non-toxic compounds are most prevalent comprising all materials of plant and animal origin, including proteins, amino acids, sugar and fats. Toxic organic compound comprises Poly-nuclear aromatic hydrocarbons (PAHs), alkyl phenols, polychlorinated biphenyls (PCBs) organo-chlorine pesticides, monocyclic aromatics, chloro-benzenes, aromatic and alkyl amines, polychlorinated dioxins, phenols etc. In addition to these organic waste material sewage sludge also contains traces of many pollutants like Copper, Zinc, Nickel, Cadmium, Lead, Arsenic, Chromium, Selenium etc. Some of these substances can be phytotoxic and some toxic to humans and / or animals, so it is necessary to control the concentrations in the soil of potentially toxic elements and their rate of application to the soil. Sewage sludge also contains pathogenic bacteria, viruses & protozoa along with other parasitic helminthes which can give rise to potential hazards to the health of humans, animals and plants. Apart from those components of concern sewage sludge also contains useful concentrations of N, P and organic matter. Each component of the sludge has its own environmental impact, which must be taken into account when choosing the disposal route.
4. Processing of sludge:
Increasing urbanization and Industrialisation have resulted in a dramatic increase in the volume of waste water produced around the world. The waste water treatment step concentrates the various pollutants (upto 90%) in the waste water into sludge, normally containing between 1% and 2% by weight dry solids. The waste water treatment commonly involves the following processes to process the sludge for the production of suitable end products for utilization or disposal:
Sludge processing methods
Process Description
Sludge pasteurization Minimum of 30 minutes at 70ºC or minimum of 4 hours at 55ºC (or appropriate intermediate conditions), followed in all cases by primary mesophilic anaerobic digestion.
Mesophilic anaerobic digestion Mean retention period of at least 12 days primary digestion in temperature range 35ºC ± 3ºC or of atleast 20 days primary digestion in temperature range 25ºC ± 3ºC followed in each case by a secondary stage which provides a mean retention period of at least 14 days.
Thermophilic aerobic digestion Mean retention period of at least 7 days digestion. All sludge to be subjected to a minimum of 55ºC for a period of at least 4 hours.
Composting The compost must be maintained at 40ºC for at least 5 days and for 4 hours during this period at a minimum of 55ºC within the body of the pile followed by a period of maturation adequate to ensure that the compost reaction process is substantially complete.
Lime stabilization of liquid sludge Addition of lime to raise pH to greater than 12.0 and sufficient to ensure that the pH is not less than 12 for a minimum period of 2 hours. The sludges can then be used directly.
Liquid storage Storage of untreated liquid sludge for a minimum period of 3 months.
Dewatering and storage Conditioning of untreated sludge with lime or other coagulants followed by dewatering and storage of the cake for a minimum period of 3 months. If sludge has been subject to primary mesophilic anaerobic digestion storage to be for a minimum period of 14 days.
5. Agricultural application
The application of sewage sludge as a “ safe fertilizer “ started in earnest after the 1988 ban on dumping sewage sludge into the ocean. When the Ocean Dumping Ban Act of 1988 went into effect, the municipalities & the Govts. left with a new problem – how to get rid of the tons of sludge they generate on a daily basis. The federal Environmental Protection Agency (EPA) stepped in with a plan to “solve” this problem by promoting sludge (sometimes called ‘biosolids’, a public relations term that is used interchangeably by EPA with the technical term “sewage sludge”) as fertilizer to be spread on land – where people live, work and play. Though, the viscous, black cake adds free Organic Matter & Fertilizer to poor soils, making them productive and profitable, the main limitations arising from such factors are: pathogens, heavy metals, toxic organics. Therefore, the plan of EPA has allowed toxic chemicals into air, water, soil, crops & into us. So, to call this sludge “ fertilizer” is tantamount to call a soup “food” which, though it contains some meat & vegetables, also contains a bit of lead, a little arsenic, and perhaps hundreds or even thousands of other toxic organic and inorganic materials whose impact ranges from carcinogenic to teratogenic (birth defect inducing ). “Most people want a simple answer; is it good or is it bad. The answer is not that simple. It is not completely risk free, but it has benefits. Just like driving a car”, Sanden said.
The benefits of sewage sludge on agricultural land
• Valuable agricultural nutrients like Nitrogen, Phosphorus, Potassium and Sulphur can be returned to the land
• Soil organic matter levels have been increased to 12% – 15%
• Ground water and surface water quality are maintained
• Decrease bulk density and increase the non-capillary pore space
• Improve the aggregation of soil particles
• No significant health or nuisance problems occur
6. Problem of Sludge
Sludge contains measurable quantities of pollutants, such as heavy metals, dioxin, and other toxic chemicals. Sludge also contains pathogens--human germs, bacteria, viruses, and parasites. And sludge smells: sludge odor is more than just a nuisance; it is a public health threat, which has been linked to respiratory problems and death. The land application of sludge distributes pollutants from large towns and cities to rural areas, far from where they were originally produced. State and federal agencies of various countries regulate sludge spreading, but regulation of this waste is difficult and problematic. Many scientists agree that the current land application rules do not protect human health, agricultural productivity, or the environment. The lack of funding to provide proper regulatory oversight and the very nature of sewage allow for sludge spreading of an unknown quality to occur on our lands.
The problems with sludge include:
? Sludge contains heavy metals, toxic chemicals, and pathogens.
? The testing and regulation of sludge is inadequate and problematic.
? Sludge odors pose a public health threat and lower quality of life.
7. The trouble with sludge
7.1. How toxic sludge become fertilizer
In traditional agricultural societies, human waste was often used to enrich the soil. The Industrial Revolution caused increased urbanization and the need for cities to develop primitive sewer systems to remove human waste. Pipes and gutters were built to dump sewage directly into our lakes, rivers, and oceans. As industry increased in World, factories began using these primitive sewer systems to get rid of their waste. This practice continued well into 20th century, when industry began widely using toxic chemicals. Using the local sewer system as a dumping ground for toxic waste was an easy solution to their disposal problems and was cheaper than treating their waste on site. Sewage loaded with toxic chemicals created major public health and environmental disasters throughout the World: rivers caught fire, public drinking water supplies became polluted, and waste washed up on our beaches. Public outcry from the growing number of disasters led to the passage of the federal Clean Water Act in 1972. This act set water quality standards nationally and provided money to communities to improve sewer systems and create wastewater treatment facilities. Unfortunately, instead of addressing the root of the problem by stopping industrial use and disposal of toxic chemicals, the act instead regulated the amount of pollution large industries could release into sewer systems.
By the late 1970s, extensive sewage systems had been built across the country. Wastewater treatment plants were built to separate solid waste from water, and, following natural and chemical treatment, release water back into the environment, clean of human waste. Unfortunately, they were not built to treat toxic chemical waste. While these sewage systems and wastewater treatment plants improved public health standards and water quality, they have an ironic flaw. The treatment process creates cleaner water but also creates a toxic byproduct: sludge. In fact, the Clean Water Act rightly defines sludge as a pollutant. Like all waste, sludge must be disposed of in some way. What to do with sludge has been a source of controversy for the past three decades in the World. Through the 1970s and 80s, the federal Environmental Protection Agency (EPA) strictly regulated the land spreading of sludge, effectively prohibiting much of the waste from being used on agricultural land. Wastewater treatment facilities could only dispose of sludge in one of three ways: by sending it to a landfill, by incinerating it, or by dumping it 100 miles offshore into the ocean.2
Ocean dumping eventually created large under-sea dead areas. In response to public concern, Congress passed the Ocean Dumping Act, which banned ocean dumping of sludge in 1992.3 Sludge disposals was then largely limited to landfills and incineration that became expensive for wastewater treatment plants. Municipal treatment facilities then pressured the EPA to relax its standards for the land spreading of sludge on agricultural fields. Following a number of draft rewrites of EPA regulations, corporate sludge marketing companies and municipal wastewater treatment facilities were successful in relaxing the limits of toxins in sludge for land spreading. What was once considered hazardous waste became a fertilizer? By classifying sludge as a fertilizer, it became exempted from several waste management regulations.
7.2. Marketing of toxic sludge
Municipal water treatment facilities depend upon corporate sludge brokers to dispose of their sludge. To dispose of it, these private corporations convince farmers and landowner across the country to spread sludge on their fields as a nutrient supplement for their crops. Sludge is marketed to landowners and consumers in two different ways. The first, and most obvious, is by offering them free sludge. By convincing individual property owners that sludge is of “agronomic benefit” to their land, sludge brokers are finding extremely cheap disposal sites for sludge that would otherwise have to be shipped to landfills or incinerators at a cost of approximately $70 a ton.4
Companies then claim that everyone wins: treatment plants have a cheap disposal option for their sludge, which gives taxpayers a break, and landowners get free nutrients for their fields. As an accurate result, the sludge brokers walk away with the disposal fees from the treatment facility. The sludge brokers also escape from potential liability, which is now assumed by the farmer or property owner. The second way sludge is marketed is by composting or palletizing it. Then it can be sold or given away as compost or fertilizer. Since the weakening of sludge regulations in the late 1980s, citizens cross the World have been fighting to keep sludge from being spread on fields and farmland in their communities. Activists fighting sludge are up against formidable opponents. Water treatment facilities and sludge brokers have formed powerful trade groups, such as the New England Biosolids & Residuals Association (NEBRA). NEBRA, in turn, is part of an even larger and more powerful group: the National Biosolids Partnership, which is a coalition of groups such as the EPA and Water Environment Federation, whose primary responsibility is to change “public perception” about sludge spreading.
7.3. Toxic secrets of sludge
Land applied sludge is required laws to have toxic levels below certain limits and it is treated with lime to reduce pathogen levels. However, no sludge in World is completely free of toxic chemicals or pathogens. In fact, after it is treated, Class B sludge still contains a significant amount of pathogens5.
7.4. Toxic in sludge
A. Heavy Metals
All sludge in world contains heavy metals like arsenic, cadmium, chromium, copper, lead, mercury, molybdenum, nickel, selenium, and zinc.6 These metals are persistent—that is, they do not break down in the environment and therefore build up over time. As the Cornell Cooperative Extension states, “most heavy metals remain in the soil for long periods of time, ranging from several decades to many centuries.” The heavy metals in land spread sludge therefore become permanent additions to the total quantity in the soil. Even extremely small amounts of heavy metals in sludge, therefore, are dangerous.7 High levels of arsenic in food or water can be fatal. Cadmium, chromium, nickel, and selenium have been linked to cancer. Cadmium has also been linked to kidney problems, miscarriages, and stillbirths. Copper, nickel, and zinc are known to cause growth problems in crops. Children exposed to lead can develop behavioral and learning problems. Mercury exposure at key moments in fetal development can cause learning disabilities and neurological disorders. Molybdenum bioaccumulates in grass eating livestock; ingested in excess, it can cause anemia, diarrhea, and growth problems.8 These metals can be taken up by the plants that are grown on sludge and re-enter the human food chain via livestock feed. These metals can also leach into groundwater. Highly acidic soils, like those found in Maine, can exacerbate heavy metal leaching.9
B. Pathogens: Bacteria, Viruses, and Parasites
Sludge, by its very nature, contains human pathogens: germs such as bacteria, viruses, and parasites. Whereas exposure to heavy metals can cause problems over time, exposure to these germs is more acute and can cause health problems almost immediately. Because of the extremely large numbers of pathogens that exist in the world, it is impossible to test sludge for all types of pathogens. Some common pathogens in sludge include the bacteria E-coli and Salmonella, the virus Hepatitis A, and parasitic worms. Pathogens can cause intestinal problems, other serious illnesses, and death. Land spread sludge can be treated to nearly eliminate pathogens. By composting sludge, for example, pathogen levels can be reduced significantly. Unfortunately, federal and state laws allow “Class B” sludge, which has not been treated to the strictest pathogen reduction methods, to be spread. In other words, sludge with live pathogens is being spread throughout the state. Unfortunately for the residents and workers of Northern New England, wet and overcast climates encourage pathogen growth. Researchers have found that pathogens can survive in sludge for weeks, months, or even years after reduction treatment processes.
Humans can be exposed to sludge pathogens in a number of ways. We might consume vegetables that have pathogens on them. Children might accidentally gain access to a sludge field and become exposed to the germs. Pathogens can also be spread by pets or wildlife, such as deer, that walk through a sludge field.
C. Dioxin: “The Darth Vader of Chemicals”
Dioxin is the unwanted byproduct of chemical processes involving chlorine. According to the EPA, sludge spreading is the largest land distributor of dioxin nationally.10 Dioxin is a known carcinogen and has been linked to reproductive problems, genetic damage, and endometriosis. Scientific evidence suggests there is no safe exposure level to dioxin.11 As one well-known dioxin expert called it, dioxin is “the Darth Vader of chemicals,” because you can't see or taste it, but it is deadly. The source of dioxin contamination in sludge is not known. It might be discharged into the sewer system by unknown industrial or residential sources. Dairy cattle grazing on sludged land may ingest dioxin and the chemical will then enter humans via milk and meat.
7.5. What We Don’t Know Can Hurt Us
The federal Environmental Protection Agency estimates that there are 70,000 synthetic (not naturally occurring) chemicals. Yet, only 2% of these chemicals have been fully tested. In fact, even the most basic toxicity testing results cannot be found in the public record for nearly 75% of the most widely used of these chemicals. The ways in which these chemicals affect human health and the ways in which they interact with one another in the environment (their “synergistic effects”) are not always known. Despite this, industry only needs to report the discharge of 1% of these chemicals into the waterways and sewers. Although industries and households release thousands of chemicals, World sludge is only regularly tested for few heavy metals and occasionally tested for dioxin and toxic pesticides.
8. Source of toxic chemicals
Sludge contains heavy metals and other pollutants because industry and households use and release far too many toxic chemicals. The sources of contaminates in sludge are many, depending upon the specific water treatment facility and the community that it serves. Sources of contamination include industrial releases, small business discharges, hospital releases, household waste, leachates from landfills and Superfund sites, including nuclear waste dumps, and municipal water and sewer systems as a whole.12Everything that is discharged into a sewer that leads to a water treatment plant could potentially become part of the sludge that the facility produces. If a worker at an industrial facility accidentally dumps toxic chemicals down the drain instead of disposing of it properly, those chemicals could end up in the sludge. Likewise, if a home gardener rinses out a bottle containing toxic pesticides in the sink, those toxic pesticides could find their way to the sludge.
8.1. Industrial Hazards
As discussed earlier, many chemicals used by industry have not been properly tested and are not regulated or reported. Additionally, even at the safest facilities, accidents happen and toxic chemicals can be released into the waste stream. World requires wastewater treatment plants to work with large industries on reducing and monitoring their waste discharge. This “pretreatment process” is required of companies that discharge a large amount of waste into the sewer system or use a large amount of chemicals that could affect the operation of the sewer system. Unfortunately, once companies release heavy metals, or other toxins, into the sewer system, there is no process to remove these chemicals from the sludge. In addition, every industry in the country can discharge 33 pounds of hazardous waste every month into wastewater treatment plants, without penalty or reporting.13
8.2. Small Business Hazards
Many small businesses are not regulated for their toxic releases. Nor are they included in the pretreatment processes. While auto garages, dentist offices, photo developers, dry cleaners, and other small businesses may not individually release a large amount of toxic chemicals, taken as a whole their contribution to chemicals in sludge could be dangerous.
8.3. Hospital Hazards
All hospitals are required to dispose of toxic chemicals and biohazards in a state approved manner. Nevertheless, accidents do happen: from a broken mercury hermometer to additional human pathogens being washed down the drain, hospitals can contaminate sludge.
8.4. Contamination from Municipal Water and Sewer Systems
Many towns and cities have water and sewer systems made with lead and copper pipes. Lead, copper, and other metals often leach into the waste stream and contaminate sludge. Contamination of sludge can also occur if a town’s reservoir is polluted with pesticides and other chemicals for which testing are not required.
8.5. Household Hazards
From pesticides (including flea shampoos), to heavy duty cleaning agents and hair coloring products, toxic chemical containing products abound. Any of these chemicals dumped down the drain could end up being spread on a farm field or in a forest.
9. Sludge regulation
It is nearly impossible to know the exact levels of toxic materials in each batch of sludge because what is released into the waste stream varies day to day. While sewage waste is treated at wastewater facilities for several days, not every batch of sludge is tested before it leaves the plant. It is more due to economics than to concerns for health protection, that sludge generators do not test the waste more frequently. For example, waste is often only tested for dioxin twice a year because of the cost of the test. A worker may accidentally spill pesticides into a sink or storm drain, or someone might illegally dump other toxic chemicals down the drain, and no matter how strict regulations are in the law books, testing could miss these sudden increases in contaminants. Regulations and testing cannot guarantee sludge safety until toxic chemicals are removed from industrial household use.
10. Sludge consequences
“Temporary odors are a necessary inconvenience in the practice of agriculture.”14 Sludge smells similar to manure and that the smell will dissipate “within several days.” Despite industry propaganda, studies have shown that sludge odors are more than just a nuisance; they are a public health threat. Harmful gases, called organic amines, can develop from chemical reactions that occur in sludge. These gases are released when the pH of sludge is raised above 10, such as when lime is added. Studies suggest that sludge odor can cause health problems in humans as far as 1600 feet from a site.15A study performed by a former EPA sludge regulator linked sludge odors to “severe irritation to mucous membranes followed by respiratory infections” in residents living near a sludge site. Irritation of the eyes, throat and skin make infection from pathogens in sludge more likely. The study was conducted following the death of a New Hampshire man suffering from respiratory distress in the vicinity of a sludge site.16 Residents near sludge sites have not been the only victims of sludge odor. Symptoms associated with organic amine poisoning frequently occur among waste treatment plant workers and drivers who haul sludge.
10.1. Deaths associated with sludges
At least two deaths have been associated with sludge spreading. In October 1994, an eleven-year-old boy, named Tony Behun, went dirt bike riding near his home in Osceola Mills, Pennsylvania. Unknowingly, the boy rode through a field covered in Class B sludge. He came home covered in dirt and grime. Two days later, he developed a sore throat, headache, and a boil on his left arm. Brenda Robertson, his mother, took him to the doctor, who prescribed flu antibiotics. The next day, Tony had trouble breathing. He died after being flown by helicopter to a hospital in Pittsburgh. The final diagnosis was that Tony had died from a bacterial infection. How her son contracted the infection remained a mystery to Brenda Robertson until five years later when she read about an investigation into her son's death by the Pennsylvania Department of Environmental Protection. Without consulting Brenda, the state published a report concluding that Tony died of a bee sting and that Class B Sludge was not spread on property that he went riding on.
Another sludge related death occurred in Greenland, New Hampshire. In late October of 1995, the Marshall family had their otherwise quiet lives tragically disrupted. Sludge was being dumped on a field in their rural neighborhood. This was just the beginning of the residents’ problems. On Halloween, Joanne Marshall rushed home from work to take her little girl trick-or-treating. When she arrived home and jumped out of her car, she was “greeted by such a stench, it took her breath away. ”17 The Marshalls and their neighbors began suffering from nausea, vomiting, stomach cramps, migraine headaches, flu-like symptoms, slowed reflexes and respiratory problems.
10.2. Environmental Assessment and some remedy:
Recycling sewage sludge to agricultural land to gain benefit from the essential plant nutrients and organic matter it contains, would seem a reasonable and rational method of managing a material which would otherwise need disposing of by some other non-beneficial route. But sludge also contains inorganic, organic and biological contaminants and so careful, management is required to avoid the potential environmental problems. The problems are listed in following Table. Large application of sewage sludge can decrease the soil pH. This can be avoided, if the soil pH is increased by application of lime, or if sludge application rates are limited in some way.
The no. of bacteria of different genera in sludge varies. In general, a total coliform count of 10 to 10 can be found per gram of dry wt., while fecal coliform bacteria generally represent 10 to 10 per gram of dry wt. The pathogens should be reduced to levels that are unlikely to cause a threat to public health and the environment under specified use conditions processes to significantly reduce pathogens, such as digestion, drying, heating and high pH or their equivalent are the most commonly used one.
For the removal of OCs from sludge mainly two approaches ar there – physico chemical or microbiological which involves either high temperature oxidation (incineration) or reductive dechlorination (pyrolysis in an atmosphere of hydrogen). To achieve allow level of risk, presticide concentrations in the combined soil and sludge mixture must be less than 1.25 mg/kg dry wt.
Environmental impact risk and benefit assessment for sewage sludge recycling to agricultural land (B= beneficial effect, L=Low risk, P=Possible risk, NA=Not applicable.)
Sludge, by its very nature, is difficult to regulate. Depending upon what chemicals are being released into various sewer systems minute to minute, the toxicity of the state's sludge could vary day-to-day, minute-to-minute. Regulations of sludge do not adequately protect public health and the environment.
11.1. Regulations problems:
• Have weak pollution standards;
• Allow for the spreading of sludge containing live pathogens;
• Discourage municipalities from being precautionary and public health oriented by not allowing them to make stricter standards than the state’s; and
• Marginalize citizens’ voices in the process as the sludge industry has greater access to state regulators than the average citizen.
11.2. Heavy Metals Standards (in ppm)
Heavy Metal Denmark Sweden Finland Germany Netherlands Norway European Union
Arsenic 25 N/A N/A N/A 0.15 N/A N/A
Cadmium 0.8 2.0 1.5 5 or 10* 1.25 2.5 20
Chromium 100 100 N/A 900 75 100 N/A
Copper 1000 600 N/A 800 75 1000 1000
Lead 120 100 100 900 100 80 750
Mercury 0.8 2.5 1 8 0.75 3 16
Nickel 30 50 100 200 30 50 300
Zinc 4000 800 1500 2500 300 800 2500
*Source Harrison, et al. 1999 7
11.3. Sludge vs. Natural soil
Heavy Metal Average Sludge (ppm) Natural Soil (ppm) Times Higher than Natural Soil
Arsenic 5.6 7.4 1.3
Cadmium 2.4 0.37 6.4
Copper 388.0 23.3 16.6
Chromium 33.3 30 1.1
Lead 61.5 17 3.6
Mercury 1.2 0.003 400
Molybdenum 7.5 0.79 9.4
Nickel 22.8 18 1.2
Selenium 2.6 0.45 5.7
Zinc 468.5 68.5 6.8
11.4. Standard values for organic compounds
Compounds Concentration in sludge
PAHs 1-10 mg./Kg.
Alkyl phenols 100 – 3000 mg./Kg.
PCBs 1 - 20 mg./Kg.
Poly chlorinated dibenzo-p-dioxins Very low
OC pesticides
Monocyclic aromatics
Chloro benzenes
Aromatic & alkyl amines 0 – 1mg./Kg.
Phenols 0 – 5mg./Kg.
12. The sludge solution
If spreading sludge in our communities is dangerous, where should it go? What are we supposed to do with this waste? The real question is, how can we eliminate the spreading of toxic pollutants on our land and how can we eliminate these contaminants from our wastewater treatment plant so that human waste becomes a truly useful and safe commodity? Because sludge contains toxic chemicals and other pollutants, the best solution to our sludge problem is reducing these contaminants at their source. By dramatically reducing the use and disposal of industrial and household toxic chemicals we can greatly cut the chemical levels in sludge. Until the long-term goal of eliminating the use and disposal of toxic chemicals is achieved, the state should:
1. Ban the use of sludge that contains industrial discharges.
2. Require the strictest level of pathogen reduction.
3. Broaden and strengthen sludge testing and toxic limits.
4. Allow municipalities to enact ordinances that are more stringent than the state’s regulations through the town meeting or a town-wide vote process.
5. Provide for the long-term pH maintenance and metal monitoring of sludge sites.
In addition to statewide protections, municipalities should also enforce their own protections through strong ordinances controlling sludge. It is, after all, local communities that are most threatened by sludge spreading.
13. Disposal of sludges
Sludge disposal is a worldwide problem and a wide variety of disposal routes have been adopted as directed by local conditions. The final resting place of the sludge must be either on the land, in the air or in the water. Disposal of sludge to the air largly employs high temperature incineration or pyrolysis. Although, this reduction is sufficient to “stabilise” the sludge, a large volume remains for disposal. Disposal of sewage sludge to the ocean in now banned because of its perceived environmental effects. The major sludge disposal methods employed by the waste water treatment plants are alienation or selling lagooning, used for municipal gardens, used for instant lawn cultivation, land application. The remaining of the sludge is either stockpiled or land filled.
Disposal and application of sludge’s should involve the following
1. The application must contain a summary of the types of crops to be grown on the proposed site, the method of sludge application, and an anticipated spreading schedule. The application must also include a representative soil nutrient analysis for the site.
2. The sludge must provide “agronomic benefit” to the crops grown on this soil--meaning the generator must show that the site has a need for the nutrients provided for by the sludge. Farms utilizing sludge are required to have a licensed nutrient management specialist develop a whole farm nutrient management plan. This plan is the basis for the above determination that additional nutrients are needed on the farm.19
3. The application must show that “the water of the state will be protected.” In practice, state regulators assume that the waters of the state will be protected as long as certain setbacks and spreading requirements are provided for in the application.
4. To this end, sludge cannot be spread when soil is frozen, snow covered, and water logged. Sludge cannot be spread on land that favors the growth of water loving plants such as wetlands, swamps and others.
5. The soil of a proposed sludge site must have a six-inch soil cap and a minimum depth to bedrock of 10 inches for perennial crops (such as hay) and 20 inches for row crops (such as corn).
6. For Class B sludge, spreading may not occur within 25 feet of on-site waterways, including gullies, ravines, and swales. Sludge sites may not be located within 75 feet of a river, perennial stream, or great pond.
7. The application must include a statement as to whether or not the site is located on or next to a protected natural resource, a sensitive area, and/or a direct watershed to waters.
8. The generator must demonstrate that the sludge spreading activity will meet traffic standards for the site. This standard is assumed to be met if the sludge spreading activity will result in 16 or less vehicle trips a day.20
9. The application must include a site-specific odor control plan to prevent nuisance odors at neighboring properties. It assumes that odor, air quality, and nuisance standards will be met at the site if the site is 300 feet from occupied buildings, if there is a site specific odor control plan.21
10. The application must prove that the sludge is “non-hazardous”. To prove this, the application must include an analysis of the heavy metal levels in the sludge. If the generator’s sludge contains heavy metal concentrations above screening concentrations then the application must include a sampling and monitoring plan as well as demonstrate that the maximum heavy metal soil concentration will not be exceeded.
11. The application must also include an analysis of the dioxin level in the sludge. If a generator's sludge contains 27 parts per trillion of dioxin, then the application must include a statement signed by the generator, the landowner, and the operator acknowledging the dioxin in the sludge to be spread.
The statement must also include an agreement to the following conditions:
? The site will be tested for dioxin within 3 months of the last sludge spreading.
? If the soil on the site contains 27 parts per trillion of dioxin, then livestock intended for human consumption may not be pastured on site, crops for human consumption may not be grown on the site, and the deed to the site must record this information.
12. The application must also include a sampling plan: how often and in what manner the sludge will be tested for heavy metals and other toxins.22
13. Sludge will be spread at a minimum of 15 inches above groundwater surfaces. Food crops grown on the site with harvested parts that touch the soil will not be harvested for 14 months after the last sludge spreading.
14. If the sludge remains on the land for four months or more before being incorporated into the soil, food crops that grow below the soil cannot be harvested for at least 20 months after the last sludge spreading.
15. Food crops, feed crops, and fiber crops grown on the site but do not have harvested parts that might touch the sludge cannot be harvested for at least 30 days after the last sludge spreading.
16. Domestic animals are not allowed to graze on the land for at least 30 days after the last sludge spreading.
17. Turf grown on the site cannot be harvested for one year after the last sludge
spreading.
18. The application must contain site maps, including: a topographical map; a sketch of the site; a tax map; soils map (from U.S. Department of Agriculture); sand and gravel aquifer map; and a flood zone map.
19. The site sketch should include all the set backs and buffers that will be incorporated, as well as the location of onsite and abutting roads, wells, and buildings. The topographical maps are used to determine slopes at the site. The soils, sand and gravel aquifer, and flood zone maps are used to determine if the site is suitable, in a regulatory sense, for sludge spreading activities.23
14. Conclusion and Recommendation
14.1. Policy recommendation
? Prohibit sludge that contains industrial discharges from being land applied. The best way to ensure that our rural land is protected from industrial contamination is to ban the use of sludge that contains these toxins.
? Require land spread sludge to undergo the strictest pathogen reduction method available. Sludge with viruses, bacteria, and parasites above background levels should not be land applied.
? Broaden and strengthen sludge testing parameters. Sludge needs to be tested more frequently for more contaminants. In order to best protect public health and the environment, allowable pollutant levels should be guided not only by toxicology but also by natural background levels as well.
? Allow municipalities to enact ordinances that are more stringent than the state's through a town meeting or town-wide vote. The people who are most affected by sludge sites are local residents. It is important that these residents have a voice when it comes to decisions that affect their community.
? Provide for long-term maintenance of sludge sites. Sludge generators should be responsible for testing the pH of all sludge application sites, whether active or closed, and cover the costs of lime (or other amendments) to maintain safe soil pH. All large volume sludge activities should be recorded on deeds so that future potential buyers are aware of past use of the property.
15.2. Recommendation for municipalities
• Sludge is an especially important issue for municipalities to oversee: it is local residents that have the most to lose from the threat of sludge.
• In municipalities that are home to a wastewater treatment facility, local residents, town officials, and directors of the facility can work together to implement the above statewide recommendations at the local level.
• All towns have the authority to ban the use of sludge, or sludge materials (such as compost) on municipal property.
• Municipalities can also pass strict ordinances controlling sludge application. Although the state preempts local control on setting strict standards, there are several ways towns can discourage sludge spreading.
15.3. What concern citizen can do?
Citizens can protect themselves and their community from the dangers of sludge by being proactively engaged in sludge reform. Depending upon the needs of the community, citizens can reform sludge rules through engaging town officials, local and statewide public health and environmental groups.
References
1. Dean and Suess (1995). Toxic Sludge Is Good For You!, Center for Media & Democracy. Published by Common Courage Press, Monroe, ME. p. 101-107.
2. www.vpirg.org , On the Ground, The Spreading of Toxic Sludge in Vermont, Vermont Public Interest Research Group,VPIRG, 64 Main St., Montpelier, VT 05602. (802) 223-5221.
3. vpirg@vpirg.org . 7-9.
4. www.vpirg.org , Conversations with DEP Officials and Staff of Portland Water District
5. vpirg@vpirg.org On the Ground, The Spreading of Toxic Sludge in Vermont, Vermont Public Interest Research Group, VPIRG, 64 Main St., Montpelier, VT 0560. (802) 223-5221. 35-36
6. State of Maine Solid Waste Management Regulations Chapters 419, 400, 405, & Appendix A of Chapter 418, as well as repealed Chapter 567, Department of Environmental Protection, Bureau of Solid Waste Management, 17 State House Station, Augusta, ME 04333-0017. Chapter 419, 17.
7. Harrison, Ellen Z. et al, (1999) The Case for Caution, Recommendations for Land Application of Sewage Sludge and an Appraisal of the US EPA’s Part 503 Sludge Rules, Cornell Waste Management Institute, Center for the Environment, Cornell University, Ithaca, NY 14853. February.
8. www.vpirg.org ,vpirg@vpirg.org On the Ground, The Spreading of Toxic Sludge in Vermont, Vermont Public Interest Research Group, VPIRG, 64 Main St., Montpelier, VT 05602. (802) 223-5221. 12-14.
9. www.essential.org/cchw America’s Choice Children’s Health or Corporate Profit, Center for Health, Environment, and Justice, PO Box 6806, Falls Church, VA 22040 703.237.2249, 546
10. Gibbs, Lois Marie et al. (1995) Dying from Dioxin: A Citizen's Guide to Reclaiming Our Health and Rebuilding Democracy. South End Press, Boston.. p. 25
11. vpirg@vpirg.org 10-11.
12. Scott, Laura, et al. (1998) The Sludging of New Hampshire. Answers for Local City and Town Officials in New Hampshire. New Hampshire Sierra Club. “Land Application of Wastewater Biosolids in Maine.” Maine Wastewater Control Association brochure.
13. Lewis, David L., et al. Enhanced Susceptibility to Infection From Exposure to Gases Emitted by Sewage Sludge: A Case Study, Departments of Marine Sciences, Biological and Agricultural Engineering, and Medical Microbiology, University of Georgia, Athens, GA 30602, BIOSET, Inc, 13700 Veterans Memorial, Ste. 385, Houston, TX, 77014. (conclusions)
14. Tuohy, John, (2000) “State probe wrongly followed path of bike ride to a bee sting,” USA Today, July 13,. 20. Statement of Joanne Marshall
15. www.essential.org/cchw. “A Comparison of Heavy Metals in Sewage Sludge, Soil, and Applicable Regulatory
16. cchw@essential.org Standards,” 10/10/00 fact sheet from Maine Department of Environmental Protection. 47
17. State of Maine Solid Waste Management Regulations Chapters 419, 400, 405, & Appendix A of Chapter 418, as well as repealed Chapter 567, Department of Environmental Protection, Bureau of Solid Waste Management, 17 State House Station, Augusta, ME 04333-0017. Chapter 2, 21-22.
18. Standards,” 10/10/00 fact sheet from Maine Department of Environmental Protection.
19. State of Maine Solid Waste Management Regulations Chapters 419, 400, 405, & Appendix A of Chapter 418, as well as repealed Chapter 567, Department of Environmental Protection, Bureau of Solid Waste Management, 17 State House Station, Augusta, ME 04333-0017. Chapter 419, 7-10.
20. State of Maine Solid Waste Management Regulations Chapters 419, 400, 405, & Appendix A of Chapter 418, as well as repealed Chapter 567, Department of Environmental Protection, Bureau of Solid Waste Management, 17 State House Station, Augusta, ME 04333-0017. Chapter 419, 26.
21. State of Maine Solid Waste Management Regulations Chapters 419, 400, 405, & Appendix A of Chapter 418, as well as repealed Chapter 567, Department of Environmental Protection, Bureau of Solid Waste Management, 17 State House Station, Augusta, ME 04333-0017. Chapter 419, 7-10 and 26.
22. State of Maine Solid Waste Management Regulations Chapters 419, 400, 405, & Appendix A of Chapter 418, as well as repealed Chapter 567, Department of Environmental Protection, Bureau of Solid Waste Management, 17 State House Station, Augusta, ME 04333-0017. Chapter 400, 28.
23. State of Maine Solid Waste Management Regulations Chapters 419, 400, 405, & Appendix A of Chapter 418, as well as repealed Chapter 567, Department of Environmental Protection, Bureau of Solid Waste Management, 17 State House Station, Augusta, ME 04333-0017. Chapter 419, 26-27.
About the Author
Md. Wasim Aktar is a Senior Research Fellow in Export Testing Laboratory, APEDA, B.C.K.V., Mohanpur,West Bengal, Pin-741252,India. He is expert in pesticide residue analysis using GC-MS and LC-MS from different environmental samples. He is an Agriculture Graduate and obtained his M.Sc. degree in Agricultural Chemicals from B.C.K.V. He is now doing his Ph.D. work in the same university under the deptt. of Agricultural Chemicals.
Silda Wall Spitzer - Greening the NY Governor's Mansion
I am a small business owner in Texas (one-man operation). I would like to hire some people as contractors to make cold calls for me. The salary would be commission only. What laws or guidelines do I need to know about? Because they'd be contractors, I don't have to worry about paying insurance or unemployment or anything else do I? And I would only pay taxes on their commission, right? Your help is greatly appreciated.
Wow you have an interesting question! Have you thought of asking a lawyer? Probably worried about the cost? What if I can get you unlimited contact with a lawyer for personal and your business questions for less than a 3 dollars a day? I can help you and your business.
http://www.biz.darrenhale.net
Ambit Energy Texas Opportunity Part 1
[affmage source="amazon" results="5"]texas employment law contracts[/affmage]
[mage lang="" source="flickr"]texas employment law handbooks[/mage]
Deer hunting
International practices
New Zealand
See also: Hunting in New Zealand
New Zealand has had a number of deer species introduced and in the absence of predators became to be considered an animal pest due to its effect on native vegetation. From the 1950s the government employed hunters to cull the deer population. Deer hunting is now a recreational activity.[citation needed]
North America
The deer most sought after in North America, east of the Rocky Mountains, is the white-tailed deer. West of the Rockies, the mule deer is the dominant deer species. The most notable differences between the two, other than distribution, are the differences in ears, tail, antler shape(the way they each fork), and body size.[citation needed]
Whitetail Male Deer at night in Central Texas
The mule deer's ears are proportionally longer than the ears of a white-tailed deer, and resemble that of a mule. Mule deer have a black-tipped tail which is proportionally smaller than that of the white-tailed deer. Buck deer of both species sprout antlers; the antlers of the mule deer branch and rebranch forming a series of Y shapes, while white-tailed bucks typically have one main beam with several tines sprouting from it. White-tailed bucks are usually smaller than mule deer bucks. Both of the species lose their antlers in the spring time.[citation needed]
Moose and elk are also popular game animals that are technically species of deer. However, hunting them is not usually referred to as deer hunting, it is called big game hunting. They are considerably larger than mule deer or white-tailed deer, and hunting techniques are rather different.
In Canada and Alaska, reindeer (caribou) are hunted extensively.
United Kingdom
There are six species of deer in the UK : red deer, roe deer, fallow deer, Sika deer, muntjac deer, and Chinese water deer, as well as hybrids of these deer. All are hunted to a degree reflecting their relative population either as sport or for the purposes of culling. Closed seasons for deer vary by species. The practice of declaring a closed season in England dates back to medieval times, when it was called fence month and commonly lasted from June 9 to July 9, though the actual dates varied. It is illegal to use bows to hunt any wild animal in the UK under the Wildlife and Countryside Act 1981. Victorian era dramatist W. S. Gilbert remarked, "Deer-stalking would be a very fine sport if only the deer had guns."
While "deer stalking" is widely used among British and Irish sportsmen to signify almost all forms of sporting deer shooting, the term is replaced in North American sporting usage by "deer hunting" - an expression that in Britain and Ireland has historically been reserved exclusively for the sporting pursuit of deer with scent-seeking hounds, with unarmed followers typically on horseback.
Australia
In Australia, there are seven species of deer that are available to hunt. These are Fallow deer, Sambar deer, Red deer, Rusa Deer Axis Deer (Cervus timorensis russa and Cervus timorensis moluccensis), Chital Deer, Elk and Hog deer.
Deer were first introduced to Australia between 1800 and 1803. All States/Territories have populations of deer including many coastal islands. Deer hunting in Australia is mostly practiced on the eastern side of the country. Hunting access varies from state-to-state with varying classifications from pest to game animal with some species afforded the protection of hunting seasons and a requirement for a Game Hunting permit or license.
Method
North America
A New Hampshire Deer Hunt
There are five common methods of hunting deer: stalking, which consists of following signs and trails of deer; stand hunting, waiting where deer are likely to travel (including tree stands); still hunting, alternately walking quietly and waiting concealed in the pursuit of game; line drives, which consists of flushing deer toward a line of hunters; and spot and stalk hunting, which consists of spotting and then stalking the deer. Spot and stalk hunting is generally a method of hunting used in places where there are large visible areas, such as mountainous terrain where a person can see across canyons. The other four methods of hunting are used in places such as rolling hills or in country that is more level, where a hunter can hardly see over trees or bushes to spot and watch the deer. Scouting and stalking involves following deer sign. Common signs to pursue include deer rubs, scrapes, and tracks. Scrapes are places where bucks scrape the ground and urinate below low hanging branches on the edge of fields, bucks rub their faces on the low hanging branches leaving their scent. Bucks do this to mark territory and attract female deer. Deer tracks may reveal the size, age, and species of a deer. Rubs are marks on the trunks and low branches of trees which indicate where bucks have rubbed the velvet off their antlers; this leaves a tell-tale mark because it removes tree bark where the deer rubbed. Another purpose for this is to mark territory with a visual signpost.[citation needed]
Modern Hunting Methods
Deer hunting may be done from a stand which places the hunter above the line of sight of a deer. There are various types of stands including portable hunting stands, climbing hunting stands, ladder stands, self-made stands, and tripods each which can be used for different hunting methods.[citation needed]
Deer hunting for trophies may also take place from ground blinds. These can be natural blinds; like dead falls and brush; hay bails in open farm country, or specifically manufactured for this purpose.[citation needed]
United Kingdom and Ireland
Depiction of deer hunting with hounds from a 15th century version of The Hunting Book of Gaston Phebus, MS. f. fr. 616
The vast majority of deer hunted in the UK are stalked. The phrase deer hunting, however, has also been used to refer (in England and Wales) to the traditional practice of chasing deer with packs of hounds, now illegal under the Hunting Act 2004.
In the late nineteenth and twentieth centuries, there were several packs of staghounds hunting "carted deer" in England and Ireland. Carted deer were red deer kept in captivity for the sole purpose of being hunted and recaptured alive. More recently, there were three packs of staghounds hunting wild red deer of both sexes on or around Exmoor and the New Forest Buckhounds hunting fallow deer bucks in the New Forest, the latter disbanding in 1997.
The practice of hunting with hounds, other than using two hounds to flush deer to be shot by waiting marksmen, has been banned in the UK since 2005; to date, two people have been convicted of breaking the law.
There is one pack of stag hounds in Ireland and one in Northern Ireland, the former operating under a licence to hunt carted deer.
Norway
Most of the deer hunting in Norway is by hunters driving the game towards other hunters posted in strategic locations in the terrain, though there is also a fair bit of stalking.[citation needed]
Australia
The majority of hunting methods in Australia are similar to North America, except for Sambar Deer which are commonly hunted with hounds.
Equipment
A pop-up pack-in style blind
Many different weapons are permitted in various states of the USA during certain times of deer season. These include bows, crossbows, rifles, shotguns, pistols, and muzzleloaders.
Archery season usually opens weeks or months before a state or locality's gun season and usually is permitted for several weeks or months afterwards. Modern compound bows and recurve bows are used, as well as some primitive recurve and longbows by historical enthusiasts when permitted. Crossbows are often reserved for disabled hunters who are unable to draw a bow, but are allowed to be used in Alabama and Tennessee by anyone disabled or not[citation needed] and in Minnesota, Kansas, and some other states during firearm season. Most bows and crossbows offer an effective accurate range of 30-40 yards.
Rifles, shotguns, and pistols are all commonly used for hunting deer. Most regions place limits on the minimum caliber or gauge to be used; rimfire rifles and centerfires under .22 caliber are often prohibited due to ethical concerns, although they have been used to hunt deer and larger game in some cases.[citation needed] Some areas of the United States prohibit rifle hunting altogether.[citation needed]
Muzzleloader hunting is also practiced. Modern muzzleloading rifles equipped with synthetic stocks, telescopic and fiber optic sights, in-line ignition systems, advanced conical or sabot bullet designs, and black powder substitutes such as Pyrodex are much more effective than the muskets of generations past.[citation needed] However, many traditionalists still use wood stocked, iron sighted rifles with round lead balls and traditional black powder charges.[citation needed]
Hunting deer with edged weapons, such as the lance or sword, is still practiced in continental Europe, primarily in France. In such hunts, the hunters are mounted on horseback, and use packs of deerhound or greyhound dogs to track and drive deer. Only the hunt masters have the right to deliver the death blow, while other mounted hunters simply ride to the chase.[citation needed]
Alabama permits spear hunting of deer during its archery season.
Tools
Use of a Hitch-Haul platform to transport harvested game
Hunters employ many tools, among which are camouflage, tree stands/blinds, knives, vehicles, chainsaws, and handheld GPS units. Camouflage has been used for some time and while it is very important, it is not essential, especially during gun season when it is required that hunters wear blaze orange clothing.[citation needed] An industry of equipment suppliers and outfitters has grown to supply hunters with equipment.
Bighorn Sheep Black Bear Razorback Brown Bear Bison (Buffalo) Caribou Cougar (Mountain Lion) Elk Moose White-tailed deer Gray wolf Mountain goat Mule Deer Pronghorn Muskox Dall Sheep Polar Bear
Other quarry
American Alligator Bobcat Coyote Fox Squirrel Gray Fox Gray Squirrel Opossum Rabbit Raccoon Red Fox Snowshoe Hare
See also
Bear hunting Big game hunting Deer hunting Waterfowl hunting Wolf hunting Upland hunting
Categories: Archery | Dog sports | Hunting in the United Kingdom | Hunting in the United States | Survival skills | Deer huntingHidden categories: All articles with unsourced statements | Articles with unsourced statements from June 2009 | Articles with unsourced statements from December 2009 | Articles with unsourced statements from December 2007 About the Author
I am a professional editor from Chinese Manufacturers
, and my work is to promote a free online trade platform.
http://www.chinaqualitycrafts.com/ contain a great deal of information about
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
[mage lang="" source="flickr"]employment law basics california[/mage]
Important Employment and Labor Law Provisions in Los Angeles
In the United States, the Department of Labor takes charge in implementing above 180 laws that are related to employment. Hence, if you are working in Los Angeles, California, you might as well be covered by these provisions, which possibly give you rights and privileges as well as set rules in various aspects of labor and employment.
This is the main reason why it is indeed important for all the employers and employees to understand some basic principles of the Employment and Labor Laws. By having knowledge about it, you will be more familiar with the procedures on how to handle any violation. Yet, you may still depend on the expertise of Los Angeles Employment and Labor Law attorneys if, still, you find it hard to handle your situation.
Major Laws Intended for Labor and Employment
The following law provisions commonly apply to employers, employees, retirees, job seekers and other individuals or parties who play a part in the employment sector. This summary is intended to lay down some important information regarding labor law compliance and privileges. For a detailed knowledge about these laws, better read the whole provisions or have a consultation with your employment attorney in Los Angeles.
Workplace Safety and Health
Under the Occupational Safety and Health Act, employers have the general obligation to provide their workers with jobs and workplaces, which are free from any identifiable and serious risks. Any violation regarding this provision may be brought up to the Occupational Safety and Health Administration, which is the agency tasked to implement injunctions for such non-compliances among the public sector employees.
Worker’s Compensation
Federal employees may take the advantage of benefits payments due to loss of wages caused by their total or partial disability. This also includes payments to cover other related medical expenses and vocational rehabilitation. The Federal Employees’ Compensation Act applies to those workers who have obtained disability or died in performing their duties.
Among other statutes related to Worker’s Compensation are:
• Longshore and Harbor Workers’ Compensation Act – maritime employees
• Energy Employees Illness Compensation Program Act – Department of Energy employees
• Black Lung Benefits Act – coal miners
Wages and Hours
The Fair Labor Standards Act covers both private and public employers. This particular law sets the standard of paying wages as well as overtime hours for covered workers. Added details about this statute may be obtained from the Wage and Hour Division of the Employment Standards Administration, which administers the act.
Employee Benefits Security
Another useful law that regulates pension and welfare benefit plans offered by employers to their workers is the Employee Retirement Income Security Act or commonly known as ERISA Law. This requires various conditions regarding employees’ pension and welfare benefit plans and other related issues. The agency regulating this act is the Employee Benefits Security Administration.
Family and Medical Leave Act
This Labor Law provision compel all employers with at least 50 workers to provide up to 12 weeks of unpaid leave to qualified employees without the threat of reassignment to other job position. Employees may take their unpaid leave for these causes:
• Giving birth
• Taking care of a newborn or adopted child
• Caring for spouse, children or parents having serious illness
These are just some of the important Employment and Labor Laws. If you feel that your employer has violated any of these provisions, act immediately and seek the aid of your Los Angeles Employment and Labor Law attorneys. You may be entitled of compensatory damages or recoveries.
Rainier used to work in a publishing company as a writer and eventually became an associate editor. He dealt in writing instructional materials for secondary and tertiary students. His passion in writing inspired him to read a lot and subsequently enabled him to gain more knowledge and skills.
ED Stakeholders Forum: College- and Career-Ready Graduates (December 8, 2009)
I was offered a job with my local council working with vulnerable children aged 14-19 on condition of an enhanced disclosure. the disclosure came back clear except the additional comments box which stated i was due at court to answer allegation of theft from my previous employer. i kept my new empolyer aware of this but they have since removed the offer of employment to me because of this. Do i have any reason to challange this...ie do i have a leg to stand on as i have no convictions and i do not pose a threat to the clients id be working with
i live in the uk so us law would probably be different
Unforunately I don't think you do.
My bf was in the same situation he made his new employer aware that he had a previous convinction of driving with an out of date MOT. They let him start the job then when his disclosure came back with the conviction on it 4 weeks later they retracted the offer of employment and this was just a job working in sales but you had to go into people's home.
However, saying that you do not actually have a convinction however they do have the right to retract the offer of employment for anything that shows on your disclosure that may pose as a threat to the people you will be working with whether it is a criminal convinction or a pending court case.
Although most company's or places will not even offer you the job never mind put you through a disclosure if you have pending court cases and convinctions some still do.
They have to be stricter on these things now a days since all the scandals with the people who have slipped through the net or who were still offered a job and subsequently used the postion to harm others.
An employer, in some circumstances, can retract the offer of employment within the first 3 months for any reason the means you are no longer suitable for the job.
However, you don't need to take my word for it lol.
No seriously if you think you were wrong done by take it further and just see's what happens the worst they can say is they were within there rights.
online employment jobs for kids age 14 online work for teens
[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.
[mage lang="" source="flickr"]california employment law overtime holidays[/mage]
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.
This is reprint of a letter from a most disgrunteled American. This reprint is being transmitted with approval of the author, Mrs Contraes and Glenn Beck. The author has succintly encapulsated my views and frustrations, and from the forced crashing of FNS/Glenn Beck web site, the views of millions of other Americans as well.
Take a few moments out of your busy day and carefully read her words. I've read few essays as powerful.
GLENN: I got a letter from a woman in Arizona. She writes an open letter to our nation's leadership: I'm a home grown American citizen, 53, registered Democrat all my life. Before the last presidential election I registered as a Republican because I no longer felt the Democratic Party represents my views or works to pursue issues important to me. Now I no longer feel the Republican Party represents my views or works to pursue issues important to me. The fact is I no longer feel any political party or representative in Washington represents my views or works to pursue the issues important to me. There must be someone. Please tell me who you are. Please stand up and tell me that you are there and that you're willing to fight for our Constitution as it was written. Please stand up now. You might ask yourself what my views and issues are that I would horribly feel so disenfranchised by both major political parties. What kind of nut job am I? Will you please tell me?
Well, these are briefly my views and issues for which I seek representation:
One, illegal immigration. I want you to stop coddling illegal immigrants and secure our borders. Close the underground tunnels. Stop the violence and the trafficking in drugs and people. No amnesty, not again. Been there, done that, no resolution. P.S., I'm not a racist. This isn't to be confused with legal immigration.
Glenn Beck's Common Sense Now available in book stores nationwide...
Two, the TARP bill, I want it repealed and I want no further funding supplied to it. We told you no, but you did it anyway. I want the remaining unfunded 95% repealed. Freeze, repeal.
Three: Czars, I want the circumvention of our checks and balances stopped immediately. Fire the czars. No more czars. Government officials answer to the process, not to the president. Stop trampling on our Constitution and honor it.
Four, cap and trade. The debate on global warming is not over. There is more to say.
Five, universal healthcare. I will not be rushed into another expensive decision. Don't you dare try to pass this in the middle of the night and then go on break. Slow down!
Six, growing government control. I want states rights and sovereignty fully restored. I want less government in my life, not more. Shrink it down. Mind your own business. You have enough to take care of with your real obligations. Why don't you start there.
Seven, ACORN. I do not want ACORN and its affiliates in charge of our 2010 census. I want them investigated. I also do not want mandatory escrow fees contributed to them every time on every real estate deal that closes. Stop the funding to ACORN and its affiliates pending impartial audits and investigations. I do not trust them with taking the census over with our taxpayer money. I don't trust them with our taxpayer money. Face up to the allegations against them and get it resolved before taxpayers get any more involved with them. If it walks like a duck and talks like a duck, hello. Stop protecting your political buddies. You work for us, the people. Investigate.
Eight, redistribution of wealth. No, no, no. I work for my money. It is mine. I have always worked for people with more money than I have because they gave me jobs. That is the only redistribution of wealth that I will support. I never got a job from a poor person. Why do you want me to hate my employers? Why ?? what do you have against shareholders making a profit?
Nine, charitable contributions. Although I never got a job from a poor person, I have helped many in need. Charity belongs in our local communities, where we know our needs best and can use our local talent and our local resources. Butt out, please. We want to do it ourselves.
Ten, corporate bailouts. Knock it off. Sink or swim like the rest of us. If there are hard times ahead, we'll be better off just getting into it and letting the strong survive. Quick and painful. Have you ever ripped off a Band?Aid? We will pull together. Great things happen in America under great hardship. Give us the chance to innovate. We cannot disappoint you more than you have disappointed us.
Eleven, transparency and accountability. How about it? No, really, how about it? Let's have it. Let's say we give the buzzwords a rest and have some straight honest talk. Please try ?? please stop manipulating and trying to appease me with clever wording. I am not the idiot you obviously take me for. Stop sneaking around and meeting in back rooms making deals with your friends. It will only be a prelude to your criminal investigation. Stop hiding things from me.
Twelve, unprecedented quick spending. Stop it now.
Take a breath. Listen to the people. Let's just slow down and get some input from some nonpoliticians on the subject. Stop making everything an emergency. Stop speed reading our bills into law. I am not an activist. I am not a community organizer. Nor am I a terrorist, a militant or a violent person. I am a parent and a grandparent. I work. I'm busy. I'm busy. I am busy, and I am tired. I thought we elected competent people to take care of the business of government so that we could work, raise our families, pay our bills, have a little recreation, complain about taxes, endure our hardships, pursue our personal goals, cut our lawn, wash our cars on the weekends and be responsible contributing members of society and teach our children to be the same all while living in the home of the free and land of the brave.
I entrusted you with upholding the Constitution. I believed in the checks and balances to keep from getting far off course. What happened? You are very far off course. Do you really think I find humor in the hiring of a speed reader to unintelligently ramble all through a bill that you signed into law without knowing what it contained? I do not. It is a mockery of the responsibility I have entrusted to you. It is a slap in the face. I am not laughing at your arrogance. Why is it that I feel as if you would not trust me to make a single decision about my own life and how I would live it but you should expect that I should trust you with the debt that you have laid on all of us and our children. We did not want the TARP bill. We said no. We would repeal it if we could. I am sure that we still cannot. There is such urgency and recklessness in all of the recent spending.
From my perspective, it seems that all of you have gone insane. I also know that I am far from alone in these feelings. Do you honestly feel that your current pursuits have merit to patriotic Americans? We want it to stop. We want to put the brakes on everything that is being rushed by us and forced upon us. We want our voice back. You have forced us to put our lives on hold to straighten out the mess that you are making. We will have to give up our vacations, our time spent with our children, any relaxation time we may have had and money we cannot afford to spend on you to bring our concerns to Washington. Our president often knows all the right buzzword is unsustainable. Well, no kidding. How many tens of thousands of dollars did the focus group cost to come up with that word? We don't want your overpriced words. Stop treating us like we're morons.
We want all of you to stop focusing on your reelection and do the job we want done, not the job you want done or the job your party wants done. You work for us and at this rate I guarantee you not for long because we are coming. We will be heard and we will be represented. You think we're so busy with our lives that we will never come for you? We are the formerly silent majority, all of us who quietly work , pay taxes, obey the law, vote, save money, keep our noses to the grindstone and we are now looking up at you. You have awakened us, the patriotic spirit so strong and so powerful that it had been sleeping too long. You have pushed us too far. Our numbers are great. They may surprise you. For every one of us who will be there, there will be hundreds more that could not come. Unlike you, we have their trust. We will represent them honestly, rest assured. They will be at the polls on voting day to usher you out of office. We have cancelled vacations. We will use our last few dollars saved. We will find the representation among us and a grassroots campaign will flourish. We didn't ask for this fight. But the gloves are coming off. We do not come in violence, but we are angry. You will represent us or you will be replaced with someone who will. There are candidates among us when hewill rise like a Phoenix from the ashes that you have made of our constitution.
Democrat, Republican, independent, libertarian. Understand this. We don't care. Political parties are meaningless to us. Patriotic Americans are willing to do right by us and our Constitution and that is all that matters to us now. We are going to fire all of you who abuse power and seek more. It is not your power. It is ours and we want it back. We entrusted you with it and you abused it. You are dishonorable. You are dishonest. As Americans we are ashamed of you. You have brought shame to us. If you are not representing the wants and needs of your constituency loudly and consistently, in spite of the objections of your party, you will be fired. Did you hear? We no longer care about your political parties. You need to be loyal to us, not to them. Because we will get you fired and they will not save you. If you do or can represent me, my issues, my views, please stand up. Make your identity known. You need to make some noise about it. Speak up. I need to know who you are. If you do not speak up, you will be herded out with the rest of the sheep and we will replace the whole damn congress if need be one by one. We are coming. Are we coming for you? Who do you represent? What do you represent? Listen. Because we are coming. We the people are coming.
About the Author
When I retired after 35 years as a mortgage banker, I thought my "working" days were finished. I was enjoying the"good" life traveling the country in my motorhome with my wife, Carolyn and Max, our Bichon. Throughout my life, I always was an MLM junkie becoming involved in at least 15 different programs achieving various levels of success. After retirement, I thought my addiction to MLM was in the past. But alas, I stumbled upon another program that really grabbed my attention, and once again I'm doing the "business". What I have this time is a unique and very marketable, non-competitive product, an upline to die for and Magnetic Sponsoring.
http://wallysweb.ws
[mage lang="" source="flickr"]national employment law institute seminars[/mage]
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
MA in TRANSLATION, great translation theoretician,mazandaran province ghaemshar city,IRAN
Safar Sonia Ka (Tamil) Part 1
[affmage source="amazon" results="5"]national employment law institute seminars[/affmage]
[mage lang="" source="flickr"]maryland employment law references[/mage]
Risky mortgage moves can have long-term effects
Walking away from a mortgage may seem like the only option for significantly distressed homeowners. But those considering this option should be prepared for the long-term effects it can have on their credit score and finances.
The current housing crisis has left many lenders unmotivated to collect remaining debt after a borrower leaves their property. In addition to walk aways, those who pursue short sales may also be able to leave their property without hearing again from a debt collector.
But this is hardly a safe bet - and could become significantly less common after banks eliminate excess distressed properties. A recent article by the Baltimore Sun referred to laws in some states that allow lenders to pursue borrowers for any shortfall they incur after reselling the property. For example, if an individual walks away from a house with a $350,000 debt and the bank is able to sell it for $250,000, said lender may be able to pursue the $100,000 difference.
Maryland debt collectors may seek this balance for up to three years after the distressed homeowner leaves his or her property. They may be pursued for 12 years in certain circumstances, according to the report. Chapter 7 bankruptcy may be the only alternative for some borrowers weighed down by debt.
All of these actions will have negative effects on a credit report. Late payments on mortgage loans will remain on their report for seven years, as will a foreclosure or short sale. Bankruptcies remain longer, up to 10 years, according to FICO spokesman Craig Watts. "And what's on your credit report can affect your employment," the report said. "Many employers, for example, review applicants' credit reports before hiring."
Maryland is among the 16 states whose lawmakers have considered banning credit-based hiring practices. Critics of these practices have said that using someone's financial history as reflection of their responsibility as an individual can unfairly trap some job seekers in a cycle of unemployment and debt defaults. Stuart Pratt, president and CEO of the Consumer Data Industry Association, recently wrote a column for the Sun defending such practices. He said that viewing one's credit report can help businesses protect against risk, particularly at companies with fewer than 100 employees.
"Employers should have information available to them that protects their businesses from catastrophic losses and also ensures that their workers can stay employed," he said.
Therefore, those seeking new employment or mortgage loans may benefit from a credit monitoring service which will give them a thorough understanding of their credit standing.
About the Author
I am the SEO Specialist at www.creditscore.com We are authorized to provide consumers with access to their credit report at the three national credit bureaus: Equifax, Experian and TransUnion. We are continually seeking to push the envelope to provide consumers with innovative tools that give consumers every possible advantage to successfully navigate through the confusing credit industry.
[mage lang="" source="flickr"]2010 employment law update california[/mage]
4 Ways to Start Fresh for 2010
With the dawn of a new year approaching it is time to start planning the organizations Human Resources priorities for the new year. This can be a daunting task and quite a large undertaking for many employers. Many Human Resources initiatives involve long time lines and careful planning is always advised. If you have identified your organization’s Human Resources needs or initiatives for 2010 make sure enough time is allotted for the planning, research, development, and implementation of those initiatives to allow for the smoothest implementation possible. A few good guidelines to follow are discussed briefly below.
Employee Handbook: Review your current Employee Handbook and ensure the included policies are still in line with your business practices and mission, and revise when necessary. It is also a good idea to update existing policies to reflect any federal and/or state employment regulations since your last update; for example the expanded Family and Medical Leave (FMLA) language regarding Military Family Leave entitlements. Remove any policies that are no longer applicable, if any. A few key areas to review are paid time off policies, leave of absence policies, non-discrimination policies, anti-harassment policies and attendance policies.
Employee File Review: Ensure current addresses are on file for W-2 purposes. File any outstanding paperwork, so you can begin the year fresh. Additionally, you should make sure the information contained in the file is up to date and accurate, such as job title, pay rate, attendance record, etc. You may consider purging employee files that you are no longer required to keep by law, make sure you know the federal and applicable state requirements for the length of time files are required to be retained. If it is not your practice to purge files you may consider putting those files in long term storage.
Training Needs: If training needs have been identified, plan out a training schedule for 2010. Schedule trainings required by your industry, licensing requirements, or state and/or local governments. For example: California requires Sexual Harassment Prevention training for supervisors on a bi-annual basis. If training needs have not been identified work with staff and managers to determine what trainings will be of benefit to the employees and organization as a whole. Develop a plan and establish a budget to address those identified needs.
Staffing Needs: Many employers have had the unfortunate circumstance of having to lay off employees in the last year or have had to implement cost saving measures in regards to staffing such as reducing work hours. Now is the time to look at the current state of your business and determine if those staffing decisions are still applicable. If you have open positions to fill consider recalling employees that were previously laid off.
About the Author
Michele O Donnell, M.S. Human Resources Management. joined MMC, Inc. in January 2007 and currently leads MMC's elite team of HR Consultants. Ms. O Donnell has been involved in the Human Resources industry for more than 14 years, bringing vast training and management experience to the MMC leadership ranks. Her experience spans the broad scope of labor law, regulatory compliance and HR Best Practices, drawn from her rich experience as Director of HR for several firms throughout her career. She currently works to ensure that MMC's consultants forge long lasting relationships with our clients, fostered in exceptional service and unsurpassed HR expertise. Ms. O Donnell earned her baccalaureate degree in Business Administration from Auburn University before receiving her Masters degree in Human Resource Management from Troy State University. Learn more about MMC’s comprehensive HR services at http://www.mmchr.com
Terri on the 2009 ERI California Employment Law Update
[affmage source="amazon" results="5"]2010 employment law update california[/affmage]
[affmage source="cj" results="5"]2010 employment law update california[/affmage]
[mage lang="" source="flickr"]employment law tampa fl[/mage] Ford & Harrison Shows Support for Long-Time Client Set to be Featured on ABCs Extreme Makeover: Home Edition May 16
ATLANTA - Ford & Harrison is pleased to announce its support of one of its oldest clients, Palm Harbor Homes, by providing a financial contribution to the company’s efforts as the home builder on ABC’s “Extreme Makeover: Home Edition.” Tampa Lawyer - Law Office of Michael J Winer
[mage lang="" source="flickr"]employment law classes dallas[/mage] Early termination of probation in Dallas, Texas?
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.
racial tensions flaring up at oil service company in dallas
[mage lang="" source="flickr"]singapore employment law book[/mage]
Satyam- Alls well if it ends well
Satyam: All is well that ends well
In Q2, our revenue grew… on the back of a 4-per cent volume growth and rupee depreciation against the US dollar… We believe these factors will also enhance annual margin performance… I would like to emphasise that Satyam is leaving no stone unturned in our efforts to create a sound foundation for our future.
Note to investors from B. Ramalinga Raju, Founder & Chairman, Satyam Computer Services, when declaring the company’s results for the quarter ended September 2008
The balance sheet carries as of September 30, 2008 inflated (non-existent) cash and bank balances… The gap in the balance sheet has arisen purely on account of inflated profits over a period of last several years (limited only to Satyam stand-alone…)
Note from B. Ramalinga Raju to the Board of Directors of Satyam dated January 7, 2009
About Ramalinga B Raju
Byrraju Ramalinga Raju (born September 16, 1954) is the founder of Satyam Computers and was its Chairman until January 7, 2009 when he resigned from the Satyam board after admitting to corporate fraud.
For a man who ran India's fourth biggest software exporter, Mr Ramalinga Raju was not a showy person.His bungalow in Hyderabad city's upscale Banjara Hills is an understated two-storey structure, with parking for no more than three or four cars.
Friends who have dealt with the 54-year-old chairman of Satyam Computer Services, say it is difficult to know what he is thinking behind a calm exterior. He goes for morning walks, but seldom appears at the swinging parties of Hyderabad's elite.Behind his back, they sometimes refer to him as 'the man with the Mona Lisa smile'.
Mr Raju, a native of Andhra Pradesh state in southern India, had a comfortable head start: He studied abroad, obtaining a business management degree from Ohio State University.
On his return, he began his career with forays into construction. Satyam, , was set up in 1987 with 20 employees as Raju spotted the opportunity in outsourced code-writing. He was on the board of Naandi, a non-governmental organisation based in Hyderabad which does stellar work in providing clean drinking water in rural areas and supplying mid-day meals to more than a million schoolchildren across India. He also runs the Byrraju Foundation, named after his father, and an emergency ambulance service that has won global acclaim.
About Satyam Cmputer Services Ltd
"The truth is as old as the hills" opined Mahatma Gandhi, So a company named "Satyam" (Truth, in Sanskrit) inspired trust, Satyam Computer Services Ltd was founded in 1987 by B Ramalinga Raju. The company offers Information Technology (IT) services spanning various sectors, and is listed on the New York Stock Exhcnage and Euronext.
Satyam's network covers 67 countries across six continents. The company employs 40000 IT professionals across development centers in India, the United States, the United Kingdom, the United Arab Emirates, Canada, Hungary, Singapore, Malaysia, China, Japan, Egypt and Australia It serves over 654 global companies, 185 of which are Fortune 500 corporations. Satyam has strategic technology and marketing alliances with over 50 companies. Apart from Hyderabad, it has development centers in India at Bangalore, Chennai, Pune, Mumbai, Nagpur, Delhi, Kolkatta, Bhubneshwar, and Vishakhapatnam
Raju named Ernst & Young Entrepreneur of the Year.
5
2008
September 23
Satyam awarded with Golden Peacock Award for Corporate Governance and Compliance.
December 16
Satyam Chairman Ramalinga Raju announces plan to buy Maytas Infra and Maytas Properties owned by his sons for $1.6 billion.
December 17
Raju does a U-turn because of negative investor reaction
December 23
Satyam barred from business with the World Bank for 8 years for alleged malpractices in securing contracts. Shares fall to lowest in 4 years.
December 25
Satyam asks World Bank to apologize
December 26
Board member Mangalam Srinivasan resigns followed by exits of members Vinod Dham, Krishna Palepu..
December 30
One of Satyam's largest investors says it could sell its stake.More suitors join in the fray to acquire Satyam.
6
2009
January 2
Satyam says its founder's stake fell by a third to 5.13%.
January 6
Satyam's i-bank DSPML meets Sebi, informs about accounting irregularitites
January 7
Ramalinga Raju resigns, discloses a Rs 7000-crore accounting fraud in balance sheets about cash which never existed in the company.
January 8
Satyam's bank Citibank freezes its 30 accounts. Interim CEO Ram Mynampati says company in severe cash crunch and may not be able to pay salaries. Satyam's auditor PwC faces ire.
January 9
Ramalinga Raju and his younger brother B Rama Raju arrested by Police. Central Govt disbands Satyam board, to appoint its own 10 directors.
January 10
Satyam's largest investor Lazard seeks a nomination board. SEBI grills Raju.
January 11
New Satyam Board announced, Mr. Deepak Parekh, Kiran Karnik and C Achuthan appointed as board members
Feburary 5
A S Murthy appointed as new CEO
April 16
Company Law Board approved stake sale to Tech Mahindra
The Satyam Scandal – Explained
Satyam, which ironically means 'truth' in Sanskrit, was set up in 1987 with 20 employees as Raju spotted the opportunity in outsourced code-writing. Within no time, business was booming. Andhra Pradesh, of which Hyderabad is the capital, has one of the largest pools of skilled manpower in India. Satyam would prove a doughty competitor to its rivals, pricing its services so aggressively that some thought it was prepared to go with minimum profits in order to gain customers. And it expanded aggressively overseas. When he opened his Sydney office a few years ago, he occupied premises vacated by a top global IT firm. In China, provincial leaders vied to invite Satyam to set up operations in their areas. But once Mr Raju sold shares to the Indian public in 1992 and later, went for a New York listing in 2001, pressure grew on him to improve the company's performance. Ever competitive, he was also in a rush to catch the market leaders, Tata Consultancy Services, Infosys Technologies and Wipro. Raju was obsessed with getting past the billion-dollar sales mark. When he got there, he wanted to post US$2 billion. Satyam posted US$2.1 billion (S$3.1 billion) sales in the year to March 31, 2008.With the ever-rising pressure to perform, Satyam began doctoring the books to show bigger profits, a process that began several years back.
For Satyam, the recent developments are a direct leftover of the past. In fact, the story is about a decade old. In late 1999, IndiaWorld — a largely unknown internet firm — was acquired by Satyam group company, Satyam Infoway, for an eye-popping Rs 500 crore. The consternation that accompanied this deal was not hard to comprehend. IndiaWorld had a topline of just Rs 1 crore and a net profit of an insignificant Rs 25 lakh. At Rs 500 crore, Satyam Infoway, later renamed Sify, was paying this astronomical sum not just for IndiaWorld but for a number of sites that came with it — among them were samachar.com, khel.com and khoj.com. The argument dished out was based on the potential of the internet business and the logic of eyeballs was driving this valuation story. One was not sure about the source of funds and how much money went back to Ramalinga Raju.
A few months later in 2000, shareholders of Satyam were an irate lot. At the annual general meeting (AGM) of the company in Hyderabad in May 2000, shareholders accused Satyam of withholding facts and claimed they were defrauded. This was after the merger of three subsidiaries — Satyam Enterprise Solutions (SESL), Satyam Renaissance Consulting and Satyam Spark Solutions — with Satyam Computer Services. Post merger, 8 lakh shares of Satyam Computers were allotted to C Srinivasa Raju, who was then Satyam Computers’ executive director.
Shareholders contended that SESL had made a rights issue of 12 lakh shares at par just before this merger. A third of this was bought by Satyam Computer while the remaining 8 lakh shares went Srinivasa Raju’s way after they were renounced. Once shareholders of SESL were given shares in Satyam Computers in a 1:1 proportion, Mr Raju got 8 lakh shares at just Rs 10 each, when the shares were trading at a whopping Rs 1,600. The management of Satyam Computers, however, maintained that things were above board, though shareholders thought otherwise.
The seeds of accounting manipulation in Satyam were sown several quarters before Ramalinga Raju’s communiqué to the board on Wednesday, 7th Jan-09. In 2002, the department of company affairs (DCA) was in receipt of a slew of complaints from Satyam’s shareholders that there were accounting irregularities in the company.
Here, it was stated that Satyam’s directors invested unwisely in subsidiaries that were underperformers. This merely facilitated the process of tax evasion and employing methods such as writing off large amounts on depreciation.
At first blush, Raju’s statement to the board in which he confesses to inflating profits appears a act of contrition by a man who was willing to stand up and face the music for his transgressions. If Raju was dressing up the bottom line, it was only to boost the company’s valuation and ensure that it stayed in the big league of IT services. A higher valuation also enabled Raju to borrow more money against his shareholding.
But Where did the money go?
Raju claims that Satyam inflated profits for many years...
By inflating cash and bank balances of Rs 5,040 crore (as against Rs 5,361 crore reflected in the books)
Accrued interest of Rs 376 crore is non-existent
Liability of Rs 1,230 crore is understated on account of funds arranged by "me"
Debtors position of Rs 490 crore is overstated (as against Rs 2,651 reflected in the books)
but if this Rs 7,000-odd crore did not exist…
How were the salaries of 53,000 employees being paid with a business that ostensibly survived on just a 3 per cent operating margin?
Were there more employees on the bench (than revealed)?
Was Raju inflating profits to boost Satyam's valuation, and borrowing money by pledging its shares?
...but if the money did exist...
Did the Rajus use Satyam funds to build a land bank of over 6,000 acres via a web of unlisted companies?
What happened to the funds raised? There was an ADR issue in 2001, via which Satyam raised Rs 753 crore and on March 31, 2002, Satyam became an almost zero-debt company with Rs 431 crore unutilised amount of ADR proceeds
The cash was king for Satyam
If Satyam was fudging profits, where were the funds for all-cash acquisitions coming from?
Sr.No
Year
Acquired Firm
Profession
Funding
(Amount in $)
1
Apr-05
UK based Citisoft PLC
Business Consulting Firm
38Mn (Paid in tranches)
2
July-05
Singapore based Knowledge Dynamcis
Consulting Solution Provider
3.3 Mn (All cash deal)
3
Oct-07
UK based Nikor Global Solutions
Infrastructure based management services and consultancy group
5.5 Mn (All cash deal)
4
Jan-08
Chicago based Bridge Stratergy Group
Management consulting firm
35.00 Mn (All cash deal)
5
Apr-08
Caterpiller Inc
Market research and customer analytics operations
95.5 Mn for both deals (all cash purchase)
S& V Management Consultants
Supply chain management frim
The Downfall of Raju
The downfall of Raju, began in Dec 08 when Satyam attempted to acquire two companies controlled by his sons - Maytas (Satyam spelled backwards) Properties and Maytas Infra - for 1.6 billion dollars in order to compensate for the holes in his books of account. The deal was abandoned 12 hours after it was announced when investors objected, claiming it was an irresponsible misuse of funds and an instance of nepotism. The Maytas deals acted as a red flag for international investors, with a host of companies like Unpaid Systems of Britain accusing Satyam of fraud, forgery and breach of contract. Shortly thereafter, on Dec. 23, the World Bank barred Satyam from offering its computer services for eight years citing a potential trail of corruption - data theft and bribery - that led to Raju.
The last straw perhaps came on Jan 09 when an Indian associate of Merrill Lynch terminated an agreement on grounds of "material accounting irregularities".
The Role of Auditors
There is intense debate about the role of PricewaterhouseCoopers, the external auditors of the company in clearing the accounts of Satyam. Auditors are supposed to have checked, verified cash balances, bank statements, assets with relevant confirmations. Satyam was a large company, not a street store; PricewaterhouseCoopers is a globally reputed firm. The auditors cannot hide under the standard clause ‘auditors can be watchdogs and not blood-hounds’ especially when cash and bank balances have been overstated.
Role of Directors
The Companies Act in India has stringent corporate governance requirements of board members. Yet Raju was able to steer the fabricated accounts through his board members for 6-years! This has bewildered the corporate sector and regulators. At times, the company was holding excessive cash, as per the books. This should have invited questions by board members.
In particular, Independent Directors, who are appointed by shareholders at the behest of the board, are selected on the basis of their reputation, knowledge, and wisdom. They are the first defense of minority shareholders. Generally they bring specialized expertise. Independent directors have to meet standards set by stock exchanges too. The Indian Government specifically delineates the role of independent directors in safeguarding the interests of the organization and the shareholders.
An independent director would normally assume that audited accounts have been rigorously examined. This is more so when an internationally credible firm- like Pricewaterhouse Coopers- has audited the numbers. But, they need to still ask the right questions and probe. Sitting on numerous boards compresses the time an independent director has to reflect on what is happening inside the belly of a company.
The Facts about Insider Trading
Raju has claimed that no one else in the company was privy to the fudging of accounts. But the facts speak something else. BSE figures show a number of senior people in the company, including Raju and CFO Vadlamani were reportedly selling Satyam's shares over the last 22 quarters.
Sr.No.
Name of the Officail
Year
Stake in the Satyam/ No. of shares sold
1
Ramanlinga Raju
June-2001
23.0%
Dec-2001
22.4%
Sep-2002
21.6%
2003
19.0%
2004
16.0%
2005
14.0%
2006
11.0%
2008
8.27%
2
Vadlamani (Then CFO)
92538 shares
3
Ram Mayanpari (Then CEO)
7,00,000 shares and 2,50,000 ADR’s
4
Kiran Cavale
4,00,000 shares and 10, 000 ADR’s
5
Rajan Nagarajan
4,30,000 shares and 70,000 ADR’s
Satyam Fraud Investgated
As soon as Ramalinga Raju confessed about the fraud, all the government deparments started investigating about the fraud. The deparments include CBI, SFIO, SEBI, ICAI and RBI.
CBI reveals modus operandi of Satyam fraud
Using cyber forensic techniques, the CBI has deciphered the modus operandi of the Satyam fraud. Following are the findings of CBI for some areas:
Sr. No.
Area
Remarks
1
Sales Data
IT company generated false invoices to show inflated sales. 7561 invoices were found to be hidden in the Invoice Management System. These invoices were worth Rs.5,117 crore. The accused already entered 6,603 of these, amounting to Rs. 4,746 crore.
2
Receivables
The fraud invoices resulted in creation of inflated receivables
3
Fixed Deposits
Investments shown as fixed deposit receipts (FDRs) worth crores of rupees were fake and printed from his personal device. The fake FDRs showed huge amounts, as the interest on these deposits was projected to be over Rs 375 crore, as against the actual interest income of Rs 7.42 lakh only.
4
Bank Guarantee
Manipulated the Bank Guarantees to show balance in bank accouts as Rs. 1800 crore
5
Balance in bank accounts
Forged the bank documents showing the existence of the cash balance in five banks including ICICI Bank, HSBC, Citibank and BNP Paribas but the banks clarified that they do not have any cash balance in the name of the firm.
6
Who all were involved
CBI Chargesheet names Ramalinga Raju, Rama Raju, Suryanarayana Raju, V. Srinivas, S. Gopalakrishnan, T. Srinivas, G. Ramakrishna, D. Venkatapathi Raju, and C. Srisailam.
The revelations by Serious Fraud Investigation Office (SFIO)
The government, on January 13, had initiated an SFIO probe into various corporate aspects of the fraud under Section 235 of the Companies Act. The SFIO is a multi-disciplinary body set up in 2003 to investigate serious financial frauds. It consists of tax professionals, auditors, fraud examiners, capital market experts and banking professionals. Following are the revelations of the SFIO Commitee
Sr. No.
Area
Remarks
1
Main areas of inflation
inflation has happened mainly on six accounts, One is by falsifying cash and bank balances, by showing fictitious FDs, by showing fictitious interest being accrued on those FDs, by showing understated liabilities and also by showing overstating debtors.
2
Exports
Inflated to the tune of over Rs. 4500 crores over the last 7 years
3
Currency Remittance
Amount of Rs. 1940 crore is still unremitted
4
Books
Books inflated to the tune of Rs. 27167 crore
5
How long has this been going on
Fy 01 to Sep 08
6
Reason for fraud
Very weak invoice management system and weak accounting practices
7
Accounting Sofware
Loopholes in accounting software and left passwords unsecured to facilitate fraud. software system for managing company’s financial accounting functions was deliberately made very complex for inflating profits
8
Invoice Management System
Weak password protection making the system vulnerable to misuse. Therefore, fake invoices could be created by unauthorised users. In order to Balance the collections against these fictitious invoices, they were first shown as receipts in the current account maintained with the Bank of Baroda, New York Branch and subsequently they were shown to be transferred to other bank accounts as fixed deposits. There were no validation checks for a number of invoices. The SFIO report points towards a serious control deficiency in the system that facilitated entering of unauthorised transactions, making unauthorised payments and non-detection of unauthorised activities.
9
Fixed deposits
The promoters were regularly generating fake quarterly balance confirmation letters showing the amounts of fixed deposits and the interest accrued on them. These forged current account balance statements and confirmation letters were fed into Satyam’s accounting software Oracle Financials for the quarterly audits of the company.
10
Current Accounts
three other bank accounts in India, Citi Bank, HDFC Bank and HSBC were also used for this purpose of falsification of current account balances.
SFIO in its report on the Satyam fraud case said that the IT company's claims of depositing funds raised through American Depository Shares in 2001 in banks could not be verified. Satyam in 2001 through a public issue in the US raised Rs 760 crore and claimed it deposited the amount in Citibank, New York. Though the company claimed that it transferred Rs 397 crore to India, the SFIO report said, it was wrongly mentioned to have been transferred to India and the actual utilisation of this amount could not be traced as all the amounts were transferred from this account to some unknown accounts through Citibank, Bahrain.
Satyam- Now Tech Mahindra
Tech Mahindra pipped Larsen & Toubro and the Wilbur Ross group to claim the fraud-hit Satyam Computer. According to early reports on Monday, Tech Mahindra is paying Rs 1757 crore for a 31% stake in the company, or Rs 58 per share. Satyam Computer Services has now zoomed 15% to Rs 54.20 ahead of the announcement of the highest bidder for the company on April 13, 2009.
Conclusion
The Satyam Saga cannot be concluded in just few pages. The truth is still to be revealed. The only truth which we know nowis that nearly $2 billion of wealth that belonged to 3 lakh shareholders eroded in a week; the jobs of 53,000 were on the line; the shareholders’ net worth drops from a positive Rs 8,529 crore to a negative Rs 278 crore only because of greed of few people.
But one thing is very true had it not been for a fraud, the way things were manipulated for over seven years in IT major Satyam Computers could be a “work of art”, If it were not for a dishonest purpose, the planning and execution to the minutest detail is truly admirable.
But we still wonderWhat was Raju thinking; since when—and why—was he thinking this way; and how did he do it?
[mage lang="" source="flickr"]employment law dr note[/mage] Labor/ employment laws?
I missed 4 days of work due to having multiple extractions, which dry socketed, which then abcessed, i had Dr notes for every day missed and called in before the shift started as the guidelines say to do, yet still got fired upon my return. Id been there only a year. Is this legal? Theyve also denied my unemployment claim and cut off my health benifits.
Legal? Depends. In what state were you employed? Is your employer required to offer FMLA? If so, did you request it? Did you call out each day you missed?
If you a no longer an employee, you are no longer eligible for employer provided insurance.
Dr. Lorandos explains how to protect yourself by gathering data
[mage lang="" source="flickr"]california employment law update 2005[/mage]
Equifax Questions & Answers
Help next to Credit report? Hello, hi users of yahoo...I am wondering, I just checked my credit score beside the three different places. With Experian, my score is 675. While with Transunion and Equifax, my mark is 565. I am somewhat confused. I am getting deined by most credit card places, and I am wondering if there are any credit card companys out there that check single the Experian credit report?Thanks...
How do I remove payment freeze sour my credit report from Equifax and transunion.? Experian has a website that allows you to print a document which is to be filled out next to the requested info, and mailed to a specific adress. In doing so, I have manage to have the security freeze removed from Experian. The problem is that Experian have not notified TransUnion, or Equifax about the guarantee freeze being removed from my credit file, so I am still stuck, and as expected, there is absolutly no one I can hail as or speak with to help my situation. Any relief is GREATLY appreciated.
How do I speak to a REAL human being at Equifax in relation to a dispute? My old bank that have been bought out by another bank have reported to Equifax that I owed $$. I disputed it with the old ridge but it's still on my report. The new bank say they cannot help me.All I get is the run-around from everyone I've spoken to. If anyone know how to resolve this PLEASE answer back.
How to Increase my credit mark? My score at Equifax is 723My score at Transunion is 738My ranking at Experian is 739 Question:I plan to get a job surrounded by bank industry that require to check my credit score, how they going to total my score if my score is diffrent surrounded by 3 credit bureu. My employer require my 800 score to get a opportunitythey will get score from 3 credit bureu Question:How to Incrase my credit evaluation Currently as a positive factors are-The proportion of the balance to credit constrict is 4% (total credit limit of $18,000)Citi-$12,000American Express- $6,000-The presence of bank/national revolving credit has be estabolish-You are using relativly low balance compare to credit limit-You hold never been late Current gloomy factors is:-The lenght of time your account have been estabolish is relatively shortFirst account instigate 14 month ago- Credit Card- CitiSecond account open 3 month ago-Credit Card- American Express -I enjoy never been late beside any payment-Pay in full respectively month-no inquire (hard cover inquire) within last 24 month-no collection-no public narrative-no garnishment or other negative factors Question:It is ok to "nouns with a debt" for $5,000 and pay it beside 12 month period( with intrest) to increase my credit score? Any suggestion ,comment, response!
I be denied credit 10/5 by two firms, base on Equifax credit report, inevitability explanation of who and what for? On the report from the denied credit firm, it only gave debt amounts from Equifax and no name. I paid off adjectives my bills at the end of 2005 and early 2006 and individual have two debts, outside the two mortgage payments. What can I do to get the info and bring my credit report updated. I can't get the free credit reports, because someone has already used my signature and they say I have already requested th "free report". I enjoy not requested that report this year. Are there any options for me/
I enjoy a liquidation from 2001 on my credit report.? I disputed with Equifax and Transunion. Equifax removed it but Transunion didn't. Is true that if 1 bureau removes it from your file so does the other bureaus.
I have need of creditors (local to Dallas,TX or national) That approve sour of an Equifax rack up with the sole purpose...Who do you know? I am trying to build this credit score
If I own a choice to receive a credit report/FICO ranking from merely one agency, which should I choose of the three? Between Equifax, Transunion, or Experian?
Is status affecting my score? I have about four lines of credit that enjoy been paid and closed.Two be student loans that I had consolidated, therefore human being paid and closed. The other two were nouns companies that I paid off and closed. However I refinanced one of the nouns companies account.Question? How can I get Equifax to devolution the current staus of each. They continually report current status as 30-69 days past due. I know that they are competent adequate to see at the far right side of the report that the accounts are closed and paid. I have disputed the current status several times beside Equifax. They will not here me as far as changing the status. Should I take this to an attorney? I believe this is slaughter my score. Is there anyone out at hand that experienced this with Equifax? I would appreciate your advice.Eddie.
Neg item on credit reports -7 yrs from untested date or date of final movement? Hi, want to clean up credit (550 score) Do items stay on based on resourceful date or date of last activity(such as payment)? I have rewarded off all but 2 collection accts and enjoy car payment current. Have $347 debt from '04 and $1947 debt from '02. If I clear them off will it make them stay on longer? I would close to to be able to buy a house in 3-5 years. Would a secured card serve get my score high? Appreciate your help. see note from Equifax on their site - is this true? ~Equifax is one of the prime credit reporting agencies in the United States -- there are two others. Account details, which are supplied by creditors next to which you have an account, include the date the picture was opened, the credit ceiling or amount of the loan, the payment terms, the match, and a history that shows whether or not you've paid the account prompt. Closed or inactive accounts, depending on the manner within which they were paid, stay on your report for 7 to 11 years from the date of their concluding activity.
Question roughly speaking credit report? I went through Experian and reported an error on my credit report. If said there be a "charge off" on a credit card I don’t ever remember owning. I received an email from Experian today and they said this will be deleted from my credit report and it was. Does this automatically come bad my Trans Union and Equifax?? Or is this something I have to report with them as okay and have each one look into it?
What affects your credit rating negativley? Does anyone know how the point values are base? Well, obviously I know WHAT affects it negativley -slow pay, no remuneration, being over your credit limit, etc. But, what I want to know is how do the 3 credit agencies ( TransUnion, Equifax, and ? can't have a sneaking suspicion that of the other one) put a point values up and/or down on things. For example - let's say you are late on paying your VISA card, by more than a month. So, they report as a "30 daylight past due" How does that affect your credit? Does that reporting cause your gain to go down 5 points, 40 points, etc. ? Then, what action brings the mark back up, and how many points at a time? Let's read aloud I pay off the entire stability of a credit card, then close out that account... does that lift up it up another 10 pionts, or as much as 50 pionts? How long does it take for a bad reporting to "dive off " of your credit report. I know that each time a lender "pulls" your credit report, that within itself causes your score to drop. I would appreciate audible range from anyone who actually knows FACT concerning this-thanks
What the one do when they enjoy exhausted adjectives remedies when it come to repairing credit? I have reached the completion of my ladder when it comes to Equifax, experian and TRW as far as disputing items that aren't mine are concerned.
When trying to buy a motor what credit bureau do dealer use to gain your rack up? I want to buy a car, but I was wondering which bureau do the dealer get your score? My Equifax ranking is 620, Experian is 650 and Transunion is 591. I want the best rate and a not so high payment.
When you bring back a credit card response unverifiable applicant information what does that expect? I applied for a Panasonic credit card through GE Consumer Finance and got a response "unverifiable applicant information." I called Equifax.They couldn't give an account me what that was. I wrote to GE Finance with a copy to Panasonic Marketing Department, both certified correspondence. GE resent me the same letter and Panasonic never responded.This is the first time I enjoy ever been turned down for credit. What's going on?Dick
Where is the best place to dance to procure a saloon loan? I'm 20 years old, live in southern California, I hold only had a credit history for smaller quantity then a year and I have never be late, I knwo Equifax doesnt even give me a credit rack up, cause of the "thin file". I form $1000/month (after taxes), plus some under the table babysitting money. I go to institution but only part-time. I compensate $200+/month in bills, and I'm living at home for now, but I want to move after september.
Which institution contained by Canada offer personal loans next to the best interest rate? I'm planning to get a personal loan for about 15K over 4-5 years, which Canadian mound or institution I would have the most chance of person approved. My credit score with Equifax is around 640.
Why are my Equifax score different from different credit monitoring services? I signed up for www.myfico.com, Bank of America's privacy assist, and www.privacymatters123.com today within 1/2 an hour of each other. They are adjectives showing different Equifax scores varying by about 25 points. Why is near a difference and which monitoring company should I trust is reporting the correct score? I know they change light of day to day and I know they only report a snapshot win that will not immediately update, but this information was obtain within 30 minutes. Is one company more accurate than another or are these monitoring companies just a scam?
Why is Equifax not reporting my information of credit history? I got my first credit card in June of 2006. My payments hold never been late. Every 30 days the credit card company reports commentary status to all 3 major credit reporting agencies. Transunion and Experian both are showing my side correctly, but Equifax is not showing it at all! I had to earnings Equifax $20 for my credit report just to try to dispute it and now I draw from a bunch of crap for the customer service center. I know my credit card company is reporting my info. In fact just yesterday they did another report to Equifax and Equifax is still adage they have no record of the statement. I'm really upset over this mess and I want an investigation by FTC and possibly the Attorney General for the state for the Equifax corporate office. What would you do? What is the best way to bring immediate action?
Why is my TransUnion rack up so much lower than my other credit score? Equifax and Experian are within 10 point of each other, but my TransUnion evaluation is 50-60 points lower.
Are the 3 agency credit score you buy at MyFico, genuine or Faco? I am signed up for Equifax Score Watch with myfico.com. I have purchased the other 2(TransUnion and Experian) from this site. Are they an accurate picture of my credit chalk up or just estimations?
Are the 3 leading credit agencies too powerful? Think roughly speaking this:Your entire adjectives is base on your credit score contained by by hook or by crook.- If you plan on buying a house, a saloon, or getting a loan for ANYTHING at adjectives, you will run into a credit agency at one point or another. - If you apply for a position near the management, bank and lots other businesses, your credit win will be used to in part determin whether or not you procure the chore. - If you apply to rent a space to live within, your credit gain will be used to any approve or deny you. Experion, Equifax and Trans Union necessarily run your natural life.If you own have mistakes within your olden, ones that you can no longer correct by paying them sour, you're pretty much screwed. There are law that govern how long items can remain on your credit report, but oodles family do not construe that companies can simply re-submit your information and it's rear legs to the genesis. Should these 3 companies enjoy so much power over every US citizen?
Based on this information, do you deduce I am contained by a correct position "credit wise" to buy a saloon? I checked my credit scores yesterday and they are as follows:Equifax = 491Experian = 595TransUnion = 601I have be paying on a mortgage for a year and have never been unpunctually with the payments. I have be paying on my current auto loan for two years, and have never been unsettled with a payment. I own obtained various credit cards (approximately four) contained by the past six months or so, and have never rewarded any of them late. However, I have 21 collections on my credit report ?the majority of them are from medical bills, and most of them are a few years older. I have one large medical bill on in that for a little over $33,000. I am not sure what’s pulling my Equifax credit score down so much, but any way I want to get a saloon.
[mage lang="" source="flickr"]employment law specialist london[/mage]
Employee Relations in Global Organizations
Ensuring smooth employee relations can be a challenge for any organization - let alone a globalized shared service structure having to deal with a number of different legislative frameworks and a variety of linguistic and cultural relationships. Yet it's a challenge which must be overcome; the old lesson that a happy workforce is a productive one is no less true today than ever, and while the tactics used on the ground may vary across geographies the strategic aims must remain the same: strong employee engagement working towards optimal productivity.
A key tension for shared services lies between corporate structures and policies, and local practices and legal parameters; aligning these two potentially quite different constructs, and keeping the gaps between them as small as possible, might not be a simple task but it's an unavoidable one in that a company at odds with its different environments will not achieve world-class status, while one that is able to work with its various local idiosyncrasies rather than against them is far more likely to succeed. Unsurprisingly the key to securing that success is talent.
Talent retention and development requirements are a major part of the core need for robust employee relations. Keeping your best people is a no-brainer in any and every part of the world, and a big paypacket isn't the only determining factor in a top employee's thought processes when he or she is faced with a new career opportunity (although a 2009 Society for Human Resource Management survey found that for 57% of employees pay's still "very important"). The creation of a secure and enjoyable working environment, with the possibility of personal professional development, is crucial for companies keen on keeping key talent - and the ability to bind different geographies together through a supportive and proactive corporate architecture creates opportunities for intra-organizational migration and advancement, and thence to the dissemination of fresh ideas and influences throughout the organization. In this way the geographical and cultural differences between distinct elements of the organization can become a great asset rather than the challenge they may originally have been.
"Give your top talent a good look at the ladder, and the possibility that they could climb right to the top; it's a quick win on a number of levels," says talent and resource specialist Seb Donovan. "And if they get the chance to see other aspects of the organization so much the better. The more familiar your top employees are with your company and its environment the more easily and effectively they can contribute towards eventual success."
An increasing number of globalised service delivery organizations are offering their curve-leading talent quarterly or even yearly postings to different corporate locations. Skills are much more transferable within an organization that outside it, and the more familiar the working environment, the simpler the adjustment from one location to another. This familiarity should include, of course, the "invisible blanket" of HR systems and structures supporting an employee making such an adjustment - and it should also feature consistency in the provisions companies make for the occasions when things go wrong in terms of ensuring homogeneity of grievance procedures, disciplinary issues and investigations, and separation agreements. In practice though this unity, and environmental homogeneity in general, are often well-nigh impossible to achieve.
Total homogeneity of processes isn't feasible in organizations operating in multiple languages but the laws of efficiency demand that at least a proximity to perfection in purely procedural terms should be a target for institutions whose very raisons d'etre are founded in process improvement, efficiency and effectiveness. However, when legislative frameworks and the relative strengths of organized labor vary so greatly from location to location, the temptation to differentiate employee relations practices and architectures is at least understandable and can be overwhelming (especially during negative economic climates: turning the screw somewhat on the workforce during a downturn, should that be corporate strategy, is a lot easier in locations with less entrenched and more industry-friendly labor legislation). A company that can minimize that differentiation whilst adhering to local requirements such as working hours, health and safety infrastructure, disciplinary and/or grievance issues and the like is one step closer to the unattainable.
Nevertheless while process homogeneity might be sought-after in some areas, great flexibility is required in others - as indeed it is even within non-globalized organizations. Applying a blanket and rigid homogeneity across all geographical locations would be catastrophic; what is sought is that aforementioned familiarity rather than an anyway-illusory global uniformity.
"The problem with global shared services that include any element of employee relations is that it is very difficult, yet vital, to recognize the differences in employment law, policies and procedures and culture that exists from one country to another," says Andy Cook of employee relations experts Marshall-James. "It is a misgiving to look upon employee relations as something transactional that can be compartmentalized into a ‘one size fits all' solution. This does not take account of the very fabric and relationships that make an organization work."
Companies will benefit from another variation on the talent theme: the importance of top employee relations talent in putting the corporate vision - whatever that may be - into practice. Implementation of any such vision or strategy on the ground - and this goes too for any serious change program - has to be carried out by those familiar with the corporate infrastructure, a knowledge and understanding which can only by generated within that infrastructure. It is immeasurably easier for those brought into the location to oversee change efforts, or to monitor and enhance that location's employee relations environment, to do so if they have a minimum of cultural and systemic disassociation to deal with. But if their very role is to implement the changes which will dampen any dissociating impulse, these individuals will not only have to represent the corporate vision but will have to find a way - the best way - to bind it to local custom.
Obviously this isn't a task for sub-optimal talent - and nor are those facing the teams which the corporate evangelists must create on-location. Establishing true synergy between corporate vision and local custom takes top local talent too (thus there needs to be a connection made very early on in the process of setting up in a new location between corporate employee relations specialists and someone or some entity which can act in an advisory capacity with regards to the local employee relations environment) - only in partnership at a personal and individual level will the partnership between location and organization reach fruition.
About The Shared Services & Outsourcing Network (SSON)
SSON is the largest and most established community of shared services and outsourcing professionals, with over 25,000 members.
SSON provides the roof under which key industry experts and organizations share their experience, knowledge and tools, and practitioner peers connect with other all over the world, both face to face and online.
SSON focuses on developing its members through providing training, tools, and networking opportunities. SSON staff works from international offices in New York, London, Singapore, Sydney, Berlin and Dubai to research current trends and developments in shared services.
Jamie Liddell has worked in journalism since he was a 17-year-old cub reporter for The Tico Times, Costa Rica's highly regarded English-language weekly newspaper. Holding an MA in English from Clare College, Cambridge University, Jamie came to the Shared Services & Outsourcing Network from the world of overseas property publishing where he worked on the industry's best-selling publications for the UK and Ireland, and gave seminars at consumer and b2b exhibitions and conferences internationally.
[mage lang="" source="flickr"]colorado employment law overtime[/mage]
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
[mage lang="" source="flickr"]california employment law seminars[/mage]
Tantra - the Serpentine Ascent
Tantra – The Serpentine Ascent – Part I
Occult Vibratory Chemistry existed in India by the name of Tantra.
Tantra is derived from two Sanskrit words – Thanoti ( to expand ) & Trayaten ( to liberate). This Science has the power to expand and liberate !
Expansion means to grow beyond one's boundaries. Expansion upto Infinity. Thanothi means the expansion of Consciousness ad infinitum.Individual consciousness should expand to Universal Consciousness for mergence in
the Supreme Self.
Trayate means to liberate, to liberate man from bondgage, from the Seven Deadly Sins which bind him to the sublunar world. The purging of mortal dross is a must for Self-Actualisation and the " inner enemies of man " Lust, greed, anger, jealousy, sloth, covetousness & attachment ) are the real blocks in the way of Self Actualisation
Liberation is not possible without expansion of Consciousness. When our individual Consciousness expands to Cosmic, we feel whole & are liberated from the thraldom of matter.
The Upanishadic Philosophy was based on the Five Concentric Sheaths known as the Five Koshas. The outermost concentric Sheath, the Anna Maya Kosha, is known as the Material Sheath. It envelopes the other four sheaths – vital, mental, intellectual & bliss.
Tantra, on the other hand, speaks about the Six Chakras, dynamoes of Cosmic
Energy in the human body.
These Chakras are ( in ascending order)
1. Root Chakra ( Muladhara )
2. Anal Chakra ( Manipura )
3. Solar Plexus Chakra ( Swadhistana )
4. Heart Chakra ( Anahata )
5. Throat Chakra ( Vishuddhi )
6. Eyebrow Chakra ( Ajna )
The Five Great Elements ( Earth, air, water, fire & ether ) & Mind reside
in the Six Chakras.
Earth-Principle resides in the Root Chakra
Water-Principle resides in the Navel Chakra
Fire-Principle resides in the Solar Plexus Chakra
Air-Principle resides in the Heart Chakra
Ether-Principle resides in the Throat Chakra
Mind-Principle resides in the Eye Brow Chakra.
The Microscomic representative of the Macrocosmic Shakti ( Cosmic Power ), the Kundalini, sportest as the Six principles in the Six Chakras in Her Cosmic Play.
O Infinite Power ! Thou art the Mind-principle in the Eye brow Chakra
In the Throat Chakra , Thou sport as the Ether-principle
In the Heart Chakra, Thou sportest as Air- principle
In the Solar Plexus Chakra, Thou art Fire-principle
In the Navel Chakra , Thou exist as Water-principle
In the Root Chakra, Thou art the Earth _Principle, O Mighty Mother !
And in the Crown Chakra, Thou sportest blissfully with thy beloved Consort !
She lies coiled in human beings as the Coiled Serpent Power ( Kundalini). She rises during Mediation and Yogic processes.
Her rise can be felt by the meditator. When She rises, a subtle warmth will be felt in the body. Voice changes. Voice becomes musical, " propertied as the tuned spheres". The personality of the native becomes very attractive due to the influx of Jupiterian energy. Wisdom and learning grace the individual. When She rises furthur, torrential bliss will be felt. And when She reaches the Crown Chakra, it is Cosmic Consciousness for the native !
She sports as Universal Power in the Macrocosm; and in the microcosm as the coiled Serpent Power!
Infinite Power of the Absolute art Thou!
The Cause of the Universe as Maya
The entire Creation is Thy Play
Thy blessing is Bliss Absolute !
The essence of all sciences art Thou
All women Thy manifestations !
The visible Universe Thou art
And the dormant Serpentine Power !
One of the pioneers in Tantra Research was Sir John Woodroffe , who had written many scholarly treatises on the subject. His magnum opus is the "Serpent Power", which is a scientific treatise about the Kundalini. His
practice of Tantra endowed him with personal magnetism. He became the cynosure of all eyes. There was a special lustre on his face, he possessed the Golden Tongue of Good Report & there was a spiritual halo around him. He had developed his Auric Field ( the human electro-magnetic field ) due to Tantric techniques and bacame a dynamo of spiritual energy. His masterly book is a scientific diagnosis about Tantra.
The heart and vocal nervous centers are intimately related physiologically. Bhava Shuddhi or purity of Heart makes the voice innocent and musical. The true Initiate is he whose voice is true and who possesses the Golden Tongue of Good Report!
The Cosmic Shakti is the Force behind the Universe & the entire Universe is her play & display. Kundalini is Her microcosmic representation. She has been depicted as the Mother Goddess in Pagan philosophies.
Nature is visible Intelligence; Intelligence is invisible Nature. The Spiritual & the Natural are not different. That which is spiritual is natural in its ascent & cause. That which is natural is spiritual in its descent and being.
She is the female component of the Ultimate and all systems deal with the male and the female components of Reality. The male component is He ! Consciousness and Force, the Supreme Self and Nature, Matter and Spirit, Being and Becoming, the One and the Innumerable, the Formless and then a delirium of Forms – She and He, two in one, inseparable ! He, outside Time, outside Space, pure Being, pure Consciousness, the Great White Silence wherein everything is contained in a state of involution, contained, yet formless !
She flings forth from Him in an outburst of joy, again to find Him playing in Time, She and He, two in one , inextricable! Can Nature exist without her Lord ? Can He exist without Nature ?
This is the Purusha and Prakriti of Sankhya, the Brahman and Maya of Vedanta , the Sive and Shakti of Tantra !
Without Him, I exist not
Without Me, He is unmanifest ! – The Mother of Auroville
It is due to Her Grace that a man becomes a material success. It is She who gives the successful man the indomitable Will Power needed for success.
On the other hand, it is also Her Grace which giveth spiritual success. It is She who gives the devotee the necessary Self-knowledge, makes him do altruistic acts & leads him to Self-Actualisation. In other words, She has two aspects, material & spiritual and Her Grace is absolutely necessary for success in both the spheres. .
It is said that She, as the Prakriti ( Nature ) of Purusha ( Supreme Self), is the base of the Universe & when She becomes supremely pleased with the devotee, confers on him Self-Actualisation !
She is the Creatrix, She is the Mediatrix, She is the Dispensatrix and the Executrix of the absolute mechanism of Universal Justice.
Power is Divine and not to be condemned
It is this Power aspect of Consciousness which India has depicted as the Divine Mother. It is a mistake of the ethical and the religious mind to condemn Power as something unworthy because it is in its very nature corrupting and evil. Despite arguments to the contrary ( Power corrupts and absolute Power corrupts absolutely), Power, Shakti, Will is the mover of the worlds and basically is spiritual in origin and divine in character !
A Power to call Eternity into Time
And make the body's joy as vivid as the soul's !.
The highest philosophic concept is that of the Philosopher-King, he who possesses powers both eternal and temporal. They were known as Raja-Rishies in India. Lord Rama, Lord Krishna, King Janaka were all Raja-Rishies. Marcus Aurelius & Augustus Caesar in the West were also reputed Philosopher-Kings. They did not renounce power !
Tantra as related to Astrology
Tides are caused by the Moon. The human body is 65% water. ( Even the Archbishop of Canterbury is 65% water ). If Moon can effectuate tides, what effect will he have on the human body which is predominantly water? And what about the effects of other planets ?
More information about Mundane Astrology & Transit Forecast can be had
from http://www.eastrovedica.com/html/transat.htm
The New Age Movement
New Age – A Paradigm Shift to Divine Consciousness & a Universal Philosophy
The New Age Movement (NAM) is a revival of spiritual and divine values and can be called as a Divine Regeneration Movement. New Age Philosophy has conquered the West intellectually and Western culture is currently experiencing a phenomenal shift – sociological, spiritual & ideological. It's a secular, multi-cultural, multi-religious synthesis, of the Oriental mystical philosophies, mainly Hinduism, Buddhism, Taoism & Western Occultism, emphasising Holism, the doctrine that Reality is organically One ( now taught in American Universities after Einstein's Theory of Relativity ).
Behind the evolution of the species, there is an evolution of Consciousness. The aim of Life is Self-Actualisation, to evolve to the level of Unity Consciousness, defined as the 7th state of Consciousness in Transcendental Philosophy.
The social disturbance caused by the Vietnam War, the threat posed by AIDS, the disillusionment with materialistic ideas and the erosion of faith in Morality & Ethics brought a sense of futility & meaninglessness in the Western psyche.The limitations of the Western system of Chemotherapy & adverse side-effects of antibiotics, sedatives and certain other drugs and the disillusionment with the promises of science & technology made millions turn to Oriental philosophies, occult practices & systems of therapy.( Interest in Alternative Medicine developed to such an extent that there are now more than 180 systems of Alternative Medicine.
Exponents of New Age Philosophy in Europe and America include Transcendentalists like Thoreau, Emerson & Walt Whitman, Wordsworth, Emanuel Swedenborg (1688-1772), , & Theosophy introduced by Madame Helena Blavatsky (1831- 1891) & Col Olcott & the philosopher, Annie Besant. As the world witnessed a Consciousness Revolution, Transcendental Meditation, Yoga ,Zen, Carlos Castañada, the Beatles, Holistic Medicine ( both Western and Ayurveda ), Tantra, Astrology ( both Western & Vedic ) all became popular .
There are 6 million New Age sites on the Web and the NAM consists of a massive & well organised network consisting of thousands of groups, trusts, foundations, clubs, lodges, and spiritual groups whose goal and purpose is to prepare the world to enter the coming Aquarian Age. ( The Age of Aquarius ). In astrological symbolism, Aquarius represents Spirituality and Pisces Rationality. The Piscean Age, an age of Computer and Cybernetics revolution, will be followed by an Age of Consciousness Revolution or a Spiritual Revolution, the Aquarian Age.
Some New Age Organisations are : California New Age Caucus, New World Alliance, World Goodwill, The Church Universal and Triumphant, The Theosophical Society, Amnesty International, Zero Population Growth, the Forum, Planetary Initiative for the World We Choose, the Club of Rome, Church Universal & Triumphant, Christian Science, and the Unity School of Christianity.
New Age believes in the essential goodness of Man and the Divine Spark in Man and the New Age movement is not a unified cult system of beliefs and practices, even though its roots derive from Vedic Philosophy. There is no central authority, no official leader, no headquarters, nor membership list, but instead is a network of groups working toward World Peace and Universal Love. There are millions of worldwide followers of various New Age practices and the world is moving from Chaos ( Disorder ) to Cosmos ( Order ) ! This is a Phase Transition from Entropy ( Disorder ) to Order !
Significant influence has been gained by NAM affecting almost every area of Occidental culture—Sociology, Psychology, Medicine, the Government, Ecology, Science, Arts, Education, the Business Community, the media, entertainment, sports, and even the Church. Organised spiritual forms such as Christian Science, Unity and even forms of Witchcraft ( from the German ' Wicca' meaning the Wise; Witchcraft means the Craft of the Wise ) are all its expressions. Various Human Potential Seminars, Transcendental Meditation, Zen Meditation and some Alternative Holistic Medicine practices are also its manifold manifestations.
Some popular New Age publications and journals are New Age Journal, the Z Files, Clarity, Body Mind Spirit, Yoga Journal, Gnosis, East West, Noetic Sciences, the Millenium Being and Omega. The new tendency of people now is to view everything from a New Age perspective
The major goal of the New Age Movement is to prepare Man for entering the Aquarian Age and to bring world peace in an already bruised world. "All is wrong with the world" said Shaw & some of the other goals of the NAM are to establish an entirely New World Order in the fields of Economy & Government. The idea of a World Government was proposed by Bernard Shaw earlier and was implemented by Mahesh Yogi and occurs in the writings of the foundational apostle of the New Age Movement, Alice Bailey.
The word 'Initiation" is derived from the Latin "In ire" to go within and Initiates were termed by the Great Master as the salt of the Earth. The mystic Ward defined Reality as "Within and within and within and within" . Another mystic described it as "It is hidden, it is hidden and it is hidden". To the mystic, self evolution is the means and only by changing and correcting ourselves can we change others . The primary goals of the movement then, are to prepare the world to receive the Divine Consciousness and to enter the Age of Aquarius, thus establishing the New World Order.
New Age Philosophy believes that human evolution can be accelerated, if not in the entire mass of humanity, at least in suitable individuals. Human nature is perfectible, through an intensive process of purification and Initiation.
The New Age Movement is secular & universally diffused over the earth's surface & its basic underlying philosophy emphasises Gnosticism and Occultism. (Gnosticism is an ancient philosophy stating that Divine essence is the highest reality, and that the Self of man is actually this Essence. Behind the phenomenal world is the Transcendent Reality which Intuition alone can see ). It bears a remarkable resemblance to the Universal Religion that H.G. Wells predicted would one day take over the world.
The six main characteristics of New Age thinking are: (1) All is Unity; (2) All is Divine (3) Humanity is divine (4) A change in Consciousness; (5) All religions are One; and (6) Cosmic Evolutionary optimism.
Basically Dialectical Integralism, New Age Philosophy unites both Matter and Spirit.
Spirit shall see through Matter's gaze
Matter shall reveal the Spirit's face !
The 13 main principles of New Age Philosophy are:
(1) One Global Order – One World Governement, One Currency, One Universal Being.
(2) Universal Energy, Universal Matter, Universal Life, Universal Soul As God
(3) An Eternal Universe – Uniform in Space and Unending in Time
(4) Divine practices ( Astrology Yoga & other esoteric arts)
(5) Syncretism ( Unity of all Religions ).
(6) The need for Meditation ( for generating altered states of Consciousness );
(7) Life is Cyclical- Everything is cyclical, subject to the cyclical upheavals of Time.
(8) Holistic Medicine & Vegetarianism (The patient is more important than the Doctor & Alkaline diet)
(9) Pacifism ( Anti-war activities);
(10) Reincarnation; ( The Law of Conservation of Soul )
(11) The Evolution of Man into Divinity; ( The latent Life Force evolving naturally to the Divine )
(12) The Union of Man with the Divine; ( Merger of man into the Infinite )
(13) Matter's Illusoriness; – Esse est percipii – Perception is Essence; Mind is Substance.
The practices of the New Age are psychic practices like : Astrology, Reiki, Bioenergy, Chi energy, Chakras, Nirvana, Christ- Consciousness,Spiritualism, Native American Spirituality, Prajna, Out-of-body/near- death experiences, Reincarnation, Yoga, Meditation and the occult disciplines, as well as psychotherapeutic techniques and scientific applications of the healing powers of crystals and pyramids.
Some commonly used New Age terms are: Quantum Healing, Transmutation, Transfiguration, Guided Imagery, Reincarnation; Positive Thinking; Human Potential; Holistic; Holographic; Synergistic; Unity; Oneness; Transformation; Awakening; Networking; Communal Sharing; One-world/globalism/new world order (i.e., One language, One Government, One currency, One religion); Cosmic Consciousness; Zodiac, etc.
Some New Age practices are: Transcendental Meditation, Parapsychology, Inner healing; Biofeedback; Yoga; I Ching; Reflexology; Therapeutic Touch; Transpersonal Psychology; Witchcraft; ; Magick; Tai Chi; Shamanism; Hypnotherapy; Acupuncture/Acupressure; Martial arts; Zen; Relaxation; Silva Method (formerly Silva Mind Control); Visualization; etc.
Some prominent New Agers are: Jeremy Rifkin, Norman Cousins, Elizabeth Clare Prophet, John Denver, George Lucas, Norman Lear, Alice Bailey, Alvin Toffler, Dr. Barbara Ray, Benjamin Creme, Levi Dowling, George Trevelyan, Fritjof Capra, Abraham Maslow, Barbara Marx Hubbard, Ruth Montgomery, Shirley MacLaine, J.Z. Knight, Marilyn Ferguson and David Spangler.
Soothing audio environments are created by New Age musicians and they believe rightly that Music has psycho-therapeutic properties. ( This concept is derived from the Vedic Philosophy that All music is Samaveda, the 4th Veda of the Indians ). Born of an interest in spirituality and healing in the late 1970s, it is often used as an aid in meditation.
Essentially meditative, New Age Music is soothing to the Soul. Isnt Music defined as the food for the Soul ? Harmonic consonance, uplifting themes, contemplative melodies & nonlinear song forms are the characteristics of New Age music. Even natural sounds or sounds from Nature and traditional electronic instruments are used by New Age musicians. With roots in classical music or Eastern Music, New Age music is often meditative. Prominent New Age musicians include vocalist Liz Story; harpist Andreas Vollenweider, electric violinist Jean-Luc Ponty , electronic-music pioneer Brian Eno, multi-instrumentalist Kitaro & solo-piano artist George Winston.
New Age practices have almost conquered the world. Athletes are using guided imagery. Graduate schools of business are invoking T M, Yoga, and Tarot cards in teaching courses on creativity in business (e.g., Stanford Graduate School of Business). Based upon Astrology, the Science of Time, stock market gurus employ Fibonacci numbers and "Wave Theory" in their forecasting.
We can summarise that the term New Age is an innovative term derived from the mother of all sciences, Astrology, indicating that this earth is undergoing an evolutionary transitional phase from the Piscean Age of Scientism to the Aquarian Age of Divine Wisdome, Cosmic Consciousness , Knowledge and Love.
Since the New Age is a conglomeration of spiritual practices, let us analyse the basic principles of N A M
1. The Divine Source of Authority. New Agers do not claim any source of authority—Only Inspiration by the Divine. By the Divine we mean a principle within, the Divine Spark or the Self and many are there who receive the revealations of the Self within or the intuitive insights of the Self.
2. The Lord. – Since Matter and Energy can neither be created or destroyed and the sum total energy in the Universe is an absolute constant ( Universal Being ), the Lord did not create the world, He became the world. Monism—( "All is Unity" ) averrs that there is only One Essence in the universe, everyone and everything being a part of that essence. The Self is an utter Being and all these are its Becomings. New Agers view God as an Impersonal Life force, Consciousness, or Energy (e.g., the "Star Wars Force") mainly but they also believe in His personal aspect, as the Ocean ( which is Formless ) can take the form of an iceberg! They averr that every human has a divine spark within him because all created beings are reflections of the Divine Idea. The eternal state is called by various terms among different New Age groups, i.e., God-consciousness, Universal Love, Self-Realization, the I AM, Higher Self, Brahman, Nirvana, etc.
2. The Redeemer, Jesus Christ. Christ Consciousness or the Divine Consciousness is what the New Age advocates mean by Christ. . In other words, Christ is a Divine Principle rather than an individual, such as Jesus. This idea of Christ Consciousness asserts that Jesus was only one of the Christs, but that He equipped Himself to receive the Christ Consciousness (i.e., He was a great Master who attained Christ Consciousness), as did other prophets like Buddha, Krishna, and Mohammed. New Agers believe Dr Paul Brunton who stated the Jesus spent 18 years in India absorbing Indian Mysticism and that he was initiated into the highest esoteric doctrine.
3. Human Destiny. Man is the measure of all things and is more divine than the animals & hence the salvation of the world depends upon Man. Cleansing the negative elements from the collective subconscient should be the aim of humanity. Once Negativity is cleaned from the collective subconscient, the human positive energy will shine forth and the noble ideals of the New Age will be actualised in an era of Enlightenment. Since man is intrinsically divine and perfect, his only real problem is ignorance of that fact. Gnosis means experiential knowledge and Salvation in the New Age is for man to become enlightened through this Divine Gnosis. New Age groups offer various spiritual techniques to enable individuals, and ultimately the world, to evolve into this Unitive Consciousness . These techniques may include psychotechnologies for attaining altered states of consciousness – Transcendental Meditation, Yoga, Zen, Attunement , Channeling (Spirit guides), Psychics, Acupuncture, etc.
4. The Ethical Opposites, Good & Evil – Believing in the Oriental philosophies, New Agers make the distinction between good and evil. All wickedness is weakness and Evil is imperfection. By the method of Trial and Error, we come to know what is good and what is bad for the world and we have to transcend the dualities.
5. Reincarnation. New Agers believe in the ancient Vedic philosophic concept of Reincarnation—that through a long process of rebirths, man can eventually attain Divine perfection. They also teach the Universal Law of Karma -(( The Law of Cause and Effect ( Every effect has a cause ), the Law of Action and Reaction, the Law of Retribution )) that what a person sows , he shall reap. This is also the doctrine of God's non-responsibility, that the Self is not responsible and it is the Ego which experiences bitter & sweet mental experiences due to its own Karma.
6.Salvation is Self-Actualisation and Sin is Ignorance – SSome theoreticians taught the concept of Man's Original Sin. New Age exponents teach the concept of man's essential goodness. Instead of systems which emphasised the human negative aspect and sin, New Age highlights that every man is essentially divine and it is a sin to call man a sinner ! However, New Agers speak of troublesome desires which are natural impulses which retard human evolution and make the Ego move away from the Self. Sin is merely ignorance of man's essential divinity. The atrophied spiritual consciousness of the normal man who lives in ignorance of his Divine Self is Sin. Like the Law of Conservation of Energy which states that Energy cannot be created or destroyed, the Law of Conservation of Soul states that the Soul can neither be created nor destroyed. Matter exists in 3 states, liquid, gaseous and solid and matter cannot be created or destroyed. Nothing ever begins to be. Similarly Life does not at physical birth begin to be. It merely enters physical conditions and assumes physical guise. It merely undergoes a parallel transformation into conditions which preexisted in other conditions. The Soul is reincarnated in different bodies in a continous succession of lives. The good or bad Karma earned in the present lifetime determines one's subsequent incarnation. Attaining higher states of Consciousness should be our aim.There are many different paths to the goal of Divine perfection and we should be tolerant of other paths.
The divine Aurobindo predicted that spiritual influences from India will trigger off a global spiritual movement.There will be Mass Incarnations ( many people divinely inspired ) who will work for World Peace and Universal Love !
I saw them cross the twilight of the Age
The massive barrier breakers of this world
The sun-eyed children of a marvellous dawn
The architects of immortality
Carrying the magic Word, the mystic Fire
Carrying the Dionysian Cup of Joy !
The four systems of Philosophy which triggered the N A M are Hinduism, a product of 5,000 years of development, Buddhism, circa 560 B.C., Taoism, circa 500 B.C & Druidism, circa 300 B.C, the religion of the Celts, which extended upto the Middle Ages.
Article by G Kumar, Astrologer, writer & programmer of www.eastrovedica.com. Recently he was awarded a Certificate by the Planetary Gemologists Association Global ( www.p-g-a.org ) as a Planetary Gem Advisor. He has 25 years psychic research experience in the esoteric arts. To subscribe to his free informative Ezine, the Z Files mailto:info@eastrovedica.com?subject=SubscribeZF. His blog is up at http://www.zodiacastrology.blogspot.com Mobile 091 9388556053
About the Author
Article by G Kumar, Astrologer, writer & programmer of www.eastrovedica.com. Recently he was awarded a Certificate by the Planetary Gemologists Association Global ( www.p-g-a.org ) as a Planetary Gem Advisor. He has 25 years psychic research experience in the esoteric arts. To subscribe to his free informative Ezine, the Z Files mailto:info@eastrovedica.com?subject=SubscribeZF. His Astro blog is up at http://www.zodiacastrology.blogspot.com & his Philosophy blog is http://transcendentalphilosophy.blogspot.com Mobile 091 9388556053
Monica Hedden on the 2008 California Employment Law Update
Last year in June I was pulled off from work by my doctors and due to the many operations my previous job terminated my position in November because I was out for more than six months under doctor's orders. I recently applied to return to my position in May of this year and wasn't hired. I am concern, do I need to take them to court to regain my position and if so what type of lawyer should I contact or does this not apply in Texas being that we are an At-Will State, what can or should I do?
they don't have to hire you or anyone else....................
FMLA (if you were covered) protects the job for 12 weeks
you were out for almost a year, why, how would they hold a job for that length of time. you can retain whatever kind of attorney you like it won't make a difference the employer has done nothing wrong. being in Texas or any "at-will" state is not relevant and has no bearing in this situation.
Employment Lawyers Austin Texas | Howard and Kobelan | Derek Howard
I am a ex felon looking for employment, please help me find work.?
I was arrested for drug charges in 1998, i served 18 months in prison, completed a drug program in prison, got out completed a drug rehabilitating program in the community where i live went on to a sober living environment, and now reside with my fiance, attending college to become a Drug and Alcohol Counselor, and have been clean and sober for alittle over 7 and a half years. I really need help to find employment because as i was incarcerated i failed to provide child support for my children and now that i am an ex felon it has been impossible to find work with my record, i have been told by the courts in my county that i will be placed in jail for failure to comply with child support order, which will defeat my purpose as a law obiding citizen with the entent to gain emploment by completing college with a degree specializing in Drug and Alcohol Counseling. Please help me anyone who have information that will keep me from having to return back to jail.
Say Casandra,
Welcome back to the world!
Check out the EDD (Employment Development Department) There should be financial incentives for employer willing to hire ex-felons.There should be monies available for you to go to school pay for books etc. through the Department of Rehab.
OK.This one may sound weird but check it out.
There is a website called"HotGhettoMess.com"
There is an ad about another website that explains how to create a resume,how to present yourself at an interview and other hints.
I haven't been to prison but it has nothing to do with not deserving to go.I have many good friends who have gone and I watch them go through the changes of trying to put their past behind them and having people through it in their face.Please,please,please,don't let the people with small minds stop you because you will run into those with big hearts and the ones with big hearts are worth having to go through all those small minded people.
The best to you.May the Higher Power protect you guide you and give you strength.
Sincerely.
Employment Law - A Course from Fremont College's Paralegal Studies Program
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.
[mage lang="" source="flickr"]california state employment law posters[/mage]
legal questions and answers
$200 pet fee for allowing pets in an apartment legal? A friend and I are getting ready to sign a lease on an apartment and when we asked about pets, they said they charge a one time fee of $200. When I asked what the fee went toward they said, 'so you can have a pet.' I said, 'no,.
(law) what is required in a SWORN VERIFICATION.when used in the answering of interrogatories? after I sent in my interrogatories the law firm said it didn't include a sworn verification. what is it a sworn verification and how do I do it properly. A sworn verification is a legal form that states that you are the Plaintiff/Defendant, that you.
?IS it legal to have a smoke after heterosexual ,encounter ? You have to get your partner to sign a waiver of liability to prevent the possibility of a lawsuit for wrongful sore throat 10 years in the future. Just to be sure better get a couple of witnesses and have it notarized. Man, that's going to be.
1/2 million protestors in California for the immigration laws, whats your view? I oppose amnesty for illegals, no matter what! I am in favor of those who enter through legal means. I would like to know how many of the 500,000 protesters, were legal US citizens? I'm sure most were not. I do not feel it is fair.
1st i'm very educated and 2nd I'm not mexican. I'm asking what type of legal action I can take.? Excuse me whats the question? - About what? - You may be very educated, but we are not educated enough to read your mind. Legal action about what?? - Action about what? - If you really want to pursue.
4 wheelers In MICHIGAN? I have My Drivers License I am 16 and i got a helmet so does that give me the right to drive it in the back roads if not where? Legally, as long as it is a public road designed for cars, even though its a 'back road' its not legal. The fourwheeler is not.
A 23 year old woman having a relationship with a 15 yr old boy. Is this legal? NO not legal but it happens. I read in the paper not too long ago that unless the boys parents let the boy testify the woman get off free. Two cases I have read about have involved women teachers. Although in.
A bloody mauled naked baby with BORTION?underneath it, is it legal in CA? On my way home coming into a relatively sharp corner in a busy street in Sacramento, is a man holding a large poster board with a bloody mauled naked baby with “ABORTION?written underneath it, upside down. Is it legal to do this? its distracting.
A cop swiped my fake ID 10 years ago. He is now using it as an example in convienence stores. is this legal? I paid the 220.00 fine and served a 90 suspension on my licencse for altering the birthdate. I am not sure if he is allowed to show store clerks the licensce with my name showing like.
a lawyer from india please contact me!!? reagrading a legal issue, i need advice. please could you leave me your email. thank you Check Bombay Bar Association site at http://www.bombaybar.com/legal - You may check yellow pages for names of various lawyer. You should specify your need. - You cannot use the FreeLawAnswer for soliciting a personal.
A legal issue, help please? I was told that I have a bench warrant because I missed a court date, but I called to reschedule an appearance, I left messages with the commissioner, but I haven't heard from them. Do I still have a bench warrant. I've had that too. You go to the court house where the warrant.
A man drives the wrong way on a parkway at 3x the legal alcohol limit, slams his truck into a limo.? coming home after a wedding killing the driver and decapitating the 6 year old flower girl. The mother is seen cradeling her baby's head sitting on the side of the road. He goes to trial and is conviced.
A message on the back of a car? driven by an Asian youth: You have your Queen but we have your country. Is that legal, or is there no racial remark it, was about a year ago. I am not a racist but i find that very offensive. Freedom of speech an all that! LOL If we did that.
a person has a website with her photo a friend sent it to me is it legal for me to forward it to someone else? Someone has a her photo on her website with local politicians in a public place. The website says everything on her site has a copyright. Someone sent me the photo and I sent it.
A previous employer does not allow employees to give job recommendations for former employees. Is this legal? A former employer restricts current employees from giving job recommendations for former employees. I have a number listed as references as I worked at the firm for over 12 years. Is this restriction legal under Texas and Federal employment law? Doesn't this.
a question for natural born or legal immigrants? would you be willing to support an orginized boycotte of the buisnesses that support illegal immergration by either hiring them or willingly closing there doors inorder to show thier support for people who break the law. i am against all illegal immigration. and any boycott to kick the illegals out i'll.
A question on drug law and prom? Should a school be able to require students to consent to random, suspicionless drug testing as a condition for purchasing prom tickets? The school is well within there legal rights to do so as long as you have notice in advance - no - Yes. Schools should be able to require random,.
A retail store refused to sell me an item marked down on clearance--stating that this one is mismarked..legal? Yes and No in these situations you should ask to speak with a manager stating this as false advertising more than likely if it was an employee who told you it was incorrectly tagged because he was probably marking it.
A tenant in my building had my car towed, claiming it was in his spot. Is this legal? Is the tenant liable? I had verbal approval from the landlady to park in the spot. The landlady had instructed the tenant to park in what previously was my spot. The tenant agreed and didn't inform the landlady about the tow..
a woman is married to a man, she marrys another man,while still married which marriage is legal? Any marriage in which one of the people is already married is null and void on its face. It is as if the second marriage did not happen at all. - first one - The 1st. She made herself a bigamist..
Abortion. Is it legal in NJ? Does a teenager have to have a parent with them? What kind of procedure do they do when you are a teen who is only a few weeks pregnant? Is it an injection? Help! Yes, it's legal in New Jersey. The most common type of abortion in the first trimester is a suction.
Abortion; should be legal or illegal? Should abortion be an option for women? It should always be an option whether a women takes chooses to take adavntage of it is her choice. For example alcohol is legal and some choose to drink some don't put no one takes away that right. True abortion is more complex because it involves.
Abortions should be legal (argue yes or no).? Please reserve your insults, be nice and be helpfull, Thank you They are legal. The debate about that is over. Roe v. Wade is still the rule of law. Do I think it is murder? That is a whole other issue. I would never be able to contemplate having an abortion.
about Euthanasia? do you think Euthanasia should be made illegal or legal? and could you tell me why? thanks My ex was a nurse in an old folks home. She used to tell me stories of how the patients with dementia and Alzheimer's would get tied to their beds for their own safety. Can you imagine spending your.
About patients rights concerning sugery? Does a patient have the legal right to have surgery if they request it? What are the laws concerning this? Yes, a patient has the legal right to have surgery HOWEVER, it is at the surgeons discretion as to whether he/she will operate on someone for something that may or may not be beneficial.
According to international law, soldiers who are sent in war in other countries, they're staying legal ? There is a large body of international law and customary practices that govern armed conflict between nations. Under these laws, soldiers usually meet the legal requirements to be considered as 'combatants' and as such their actions and their actions are considered.
did mexico legal drugs? marijuana That's what I read in the newspaper this morning. The headline was, 'Mexican Senate approves bill legalizing small drug amounts.' It's legalizing small quantities of marijuana, ecstasy, cocaine and even heroin for personal use! - no - Mexico makes it easy to buy cheap drugs of the internet. - naw did u - Yep,.
Did New Labour Adopt the European Declaration of Human Rights - In Order To Steal Your Rights & Freedoms? The Universal Declaration Of Human Rights (UDHR) contains 30 Articles guaranteeing our rights and freedoms. It contains no exemptions or legal loopholes, whatsover. (Download a copy from the net and see.) The European Declaration of Human Rights, (EDHR)however, is a.
Did Tom Delay resign so that he could transfer the $1.5 million in his campaign fund to his legal defense fund Whatever a politician has in their campaign fund when they retires is theirs to do with as they please. Delay won the Republican Nomination for his seat in Congress, then he resigns his seat and the $1.5.
Discrimination: Any legal eagles? My ladyfriend is in a wheelchair. She has gone into every establishment known to man. However she goes into one or two particular liqour stores and they tell her 'you can't come in here, because you can't operate your chair with proficiency' She is one of their regular customers. All of a sudden they do.
Do a research on Malaysia on judicial system? DO A RESEARCH IN MALAYSIA ON JUDICIAL SYSTEM AND GIVE OPINION ABOUT THE SYSTEM That sounds more like a command than a question. But, here is an opinion. Do they still use caning as a legal punishment in Malaysia? Seems somewhat barbaric. - Malaysia has a unified judicial system, and all.
[mage lang="" source="flickr"]employment law journal in malaysia[/mage]
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
please can you tell me if you reach a companys level for sicknes can they sack you if you have provided a doctors note and or some of the sickness incured were due to incidents at work.
It would matter what country you were from they shouldn't sacking you ring your local government also any business should be insured for accidents call and insist on their insurers number that should scare them
Drowning in home debt
A transfer in 2005 landed Air Force major Richard Hallbeck, his wife, and two kids in Southern California smack in the middle of the real estate bubble. Home prices in the area had doubled in the past five years and were still climbing. So the Hallbecks swallowed hard and bought an $845,000 four-bedroom in a suburb of Long Beach. SMA-SoCal Legal Update Summary for 2010
[affmage source="amazon" results="5"]employment law long beach[/affmage]
[mage lang="" source="flickr"]employment law writing contest[/mage]
Real And Personal Property
Introduction
In legal term, property may be defined as something which an individual has expectations of drawing advantages from; the definition also covers that thing under consideration. Consequently, property is a combination of the issue of possession or ownership and the rights that ought to be protected by the country's government. This definition is in contrast to what lay persons define property as; they restrict it to something tangible. Other law dictionaries continue to add that property is the exclusive right of certain individuals to possess, dispose and to use that thing alongside the subject matter of the right; this may either be an object, benefit or prerogative.
Property is usually divided into two aspects; the first being the personal property and the second is real property. Real property is usually restricted to matter revolving around land or what is sometimes called ‘in rem'. On the other hand, personal property revolves around chattels or what may sometimes be defined as ‘in personam'. In modern law, property can be examined under a series of models.; the first one amongst these is property as a fact. The second is property as a right and the third is property as a responsibility.
Legal issues
In the legal system, real and personal property ownership is governed by property law rights when considering the common law system. In the civil law legal system, there is a distinction between movable and immovable property. Real property is largely encompassed by immovable property while personal property is associated with movable property. Consequently, the rights associated with these types of property are entailed in property law. (Liuzzo & Bonnice, 2005)
In legal terms, the process of declaring that certain property belongs to an individual is not adequate enough to constitute property. Instead, this matter is usually all embracing when certain persons need to have their rights to chattels or land respected and enforced by the law. It is essential for one to acquire property legitimately in accordance to the law so as to seek its protection. This is usually acquired by possession of a title to that property.
There are a series of differences that arise when one considers the issue of personal versus real property. The most outstanding difference among them is with regard to immobility. Usually, real property can be considered immobile while personal property is mobile. This means that the rule governing the latter's transference are radically different from those governing the former. Real property is usually divided into two types of categories. The first one amongst this is the corporeal hereditaments which refer to land or tangible real property. The second category is known as incorporeal hereditaments which refer to real property that may not be tangible. Consequently, this is what is known as the easement of way. (Barnes et al, 2008)
Possession in property law is instituted in order to eliminate social disorder. This is because when a person is in possession of certain property, then they have the right to take action against persons who may be interfering with their possession. This interference is only tolerated when the person causing it demonstrates that they have a superior right over that property.
Property possession can be changed through the process of transfer; in other words, transfer refers to disposition of that property. Usually, this occurs through gifts or sales and must encompass willing consent from the person initiating the transference. In other circumstances, it is possible for a person to obtain interests in certain properties by acquiring trust that was created for the benefit of that person in the event that the previous owner is deceased.
In certain scenarios, transference may occur from person to person without consent. This occurs when the person under consideration has committed an act that violates the other's rights. For instance, when a person goes bankrupt or when a person is deceased prior to distributing their property (inestate). In other circumstances, the court of law may decide to take that property from the individual and this therefore creates an avenue for forfeiting one's property rights.
In certain scenarios, real or personal property may have more than one interest. Usually, this is a result of miscalculation on the part of the title dispenser or this could be an unscrupulous act by an individual who wants to obtain property dishonesty. This means that these conflicting interests give rise to claims that are usually inconsistent with one another. In such circumstances, the law requires that the court should be involved in the matter. Here, the court has the mandate to decide the interests that carry the most weight or it has the mandate to rank these interests. Consequently, depending on the sphere of enforceability, certain interests may be lower or higher in hierarchy. (Katch, 2007)
Leases are also an important part of common-law because they are a means of protecting the rights of the tenants and landlords in the process of considering real property. Usually, leases can last for a short term or long term period depending on the specifications laid out by the affected parties. Consequently, this creates an avenue in which both parties can declare their right violations.
There are a series of rights that tenants are granted under common law and these include
The right to determine how to use real property
The right to exclude other persons from enjoying the property or land
Right to transfer all or part of a person's rights upon mutual agreement
Right to determine consequences or nature of costs during transference
Etc
There are a series of legal issues that need to be covered when considering the issue of personal property. For instance, personal properties can be executed or relieved in case a property owner is a poor debtor. Chapter 528, Sections one through to ten govern the levying of personal property. Consequently, any person who contravenes these laws during the process may be deemed as acting illegally. In the event that a person is a poor debtor, his or her personal items may be taken by the creditor for auctioning. Usually, the auction must be advertised over a period of four days and the notices must be placed in a very public place. Upon expiration of the period of notice, the personal property may be sold at an auction. It should be noted that if the creditor fails to make the public notice, then he will not be acting legally while auctioning the property. Also, if the property is sold prior to the four day expiration, then the person is also acting illegally. (Katch, 2007)
In relation to the issue of bad debt, the debtor can redeem his or her goods/ personal property prior to their sale if the debtor is able to pay the officer's charging fees.
It s also the right of the debtor to obtain any balance that may arise from the auction from the sale of his real property if his creditor has covered all the executions that had been levied on the debtor. In close relation to this is the issue of officer' fraud; if the person performing the executions has acted in a dishonest or fraudulent manner, then the officer is supposed to pay five times the amount of money he defrauded. Additionally, officers intending on auction personal property need to make notices of adjournment of sales if they intend on doing that in the first place. This may usually be done within a period of ten days. Those who fail to do so may be found liable to the court of law.
The latter issues also apply to personal property that is covered under any of the following;
Security interest
Lien
Pledge
Mortgage
However, the issue of shares as a form of personal property is governed by different levies. For instance, when an execution is to be conducted for shares, then a thirty day notice needs to be made of the sale. A person residing in another country needs to be notified by placing the notice in a newspaper within that country of residence. Persons who choose to purchase the shares are entitled to share certificates which will grant them the rights associated with this form of personal property. In the event that the officer in charge of the sale of shares neglects to give a certificate or issue a false one, then he shall be considered liable to the creditor who has the right to obtain the entire sum associated with the debt. (Nolfi, 2008)
Aside from the issues of levies carried out on executions, there are a number of things that need to be considered when an individual is about to divorce. The issue of real or personal property during divorce can lead to a lot of conflict between the various parties under consideration.
With regard to personal property, there is a need for individuals to use the services of an appraiser. This person can go a long way in preventing many misunderstandings and disagreements in the court of law. It should be noted that property appraisers are quite different from home appraisers. Consequently, expert decisions are always favored over these non related ones. Additionally, the law requires that property appreciation or depreciation be considered after filing for divorce. In case property appreciates in value after filing for divorce, then both spouses are entitled to the benefits that come with it. This is usually the case when considering shares. However, in the event that the person who caused those appreciations was only one individual, then that person is entitled to benefit from the appreciation of that property. Usually, a series of personal properties may be considered during the process of divorce. Some of them include pensions, vehicles, trademarks among others. There area also a series of real property that need to be appraised and distributed during this process and they may include land, a home, businesses owned among other things.
It should be noted that divorce appraisal are not necessary when there is a prenuptial agreement because the latter document usually specifies some of the details that may arise in the event of a divorce. Appraisals are also excluded when the property under consideration was a gift, or a purchase that was made prior to the marriage.
Personal property may be divided equally among spouses when that property was acquired before the marriage but it increased in value after the marriage as a direct consequence of the efforts made by the two parties. Legally speaking, the only aspect that will be considered will be the added value that will be divided amongst the spouses. Otherwise, the original property will be given to the original owner individual alone. (Barnes et al, 2008)
The second category of personal properties that can be divided during divorce is property that had been acquired during the marriage jointly by both parties. Usually these encompass a series of objects that vary from china, motor homes, collectables, animals, furniture, pensions, automobiles and retirement plans. It should be noted that all this property need to be appraised by a qualified individual who may fall under any of the following professions
Auctioneers
Business brokers
Bankers
Financial advisers
CPA
However, all these appraisers need to have sat for USPAPA tests and they need comply with the set laws on appraisals prior to giving evidence as qualified appraisers in the court of law.
Ethical issues
Aside from the legal issues, there are certain scenarios in which ethical aspects may come into play. This usually occurs when the persons under consideration are acting in accordance with the law but they are taking part in an act that has dishonest or unfair intent. Taking the case of a fictitious person named Timothy McNamara. McNamara was a hardworking and honest individual at work. However, he often used to engage in whistle blowing activities when he witnessed unethical behavior in the workplace. In response to this, one of his workers decided to use the color of law to institute revenge. He made some statements that caused the court to withdraw McNamara's property and also this incident resulted in the loss of his job. Consequently, the issue can be regarded as unethical on the part of the employers who collaborated with the aggressor to oust John from his workplace. This is because they did not bother giving McNamara the time of day that he deserved in investigating his situation. Consequently, these employers may be regarded as unethical. (Nolfi, 2008)
There are certain acts that can be regarded as unethical during a divorce. For instance, if a person poses certain valuable items during their marriage and the person chooses to take those personal properties to another location where they can ensure their safety, then a series of ethical issues may crop up. For instance, it would be ethical to inform one's spouse about these properties because if the issue of divorce arises, then it is likely that that person may try to use the issue of concealment from him or her as a fact that works against the accused.
When going about how to treat property cases, it essential for lawyers to inform their clients about the various types of laws that are applicable and how those could benefit or hamper the case under consideration. Hiding these truths form the client can be considered unethical by the presiding attorney. For instance, in divorce cases, it is necessary for lawyers to tell their clients about collaborative law. Through this option, it is possible for the affected parties to negotiate their way out of their disagreement.
In any cases involving real or personal property, it is essential for lawyers to disclose all the rights of the client before beginning the case. This is because failure to do so would create a situation in which the lawyer may stand to benefit from his client's loss. Clients should be made to understand all the legal actions or alternatives that they can pursue with regard to personal or real property cases. For instance, some parties may decide to settle outside court. On the other hand, others may opt to meet in court. Consequently, lawyers need to lay out all the details concerning a certain case so as to empower their clients to pursue the right course of action. By doing this, they will eliminate any potential conflict of interest and will also go a long way in enhancing trust between the lawyer and his client and will also eliminate any potential damage of character. (Barnes et al, 2008)
Many legal representatives are usually so enthusiastic about dealing with a certain case that they fail to clarify to the client what the potential downsides of their actions could be. By giving a client only one course of action and not reviewing the disadvantages of that method, then lawyers will be creating a situation in which the rights of the clients are not fully outlined and this may be deemed unethical. For instance, if a client is interested in claiming a piece of land that was part of their family property, then it would be unethical on the part of the legal representative to hide some disadvantages of the court process. For instance, the legal representative could inform the client that there may be some facts that are relevant to the case and may not be discovered until after the case. Additionally, a situation may arise in which the affected persons are compelled to give certain types of evidence. In other circumstances, a client making claims to certain real property may issue restraining orders to his or her adversary. By doing this, the individual may be creating a scenario in which there may not be unilateral disposition of the property. Additionally, if there are joint decisions to be made by those parties, then the restraining order will prevent such occurrence. If a lawyer does not explain these disadvantages before hand, then they will be placing their clients in vulnerable positions that eventually destroy their overall credibility.
In any property case, there may be a need to hire certain experts to add validity to the case. It is essential for property lawyers to examine the background of their respective experts prior to submission of their case in court. This goes a long way in providing the client with the best representation possible. When attorneys merely settle for any professionals without doing a thorough background check, then they may not be placing their clients best interests at heart and this is something unethical. (Nolfi, 2008)
It should be noted that informing property right clients about all their rights may not necessarily prevent them from making wrong decisions, however, this usually assists in the process of protecting the attorney from accusation of overselling a certain legal process to the client. Consequently, the attorney seals any loop holes where unethical claims could arise.
In certain circumstances, person who wants to settle property cases may choose a series of avenues to settle their respective cases. Some of them may choose to hire two lawyers for the job of one. Usually, this may be okay if the client is merely trying to get a second opinion. However, if the client is trying to utilize one lawyer to benefit unfairly, then it is unethical on the part of the client. A good example of such a case is when a couple is about to divorce and there are disputes on how to divide their property. If one of the spouses chooses to hire the services of a collaborative lawyer to deal with the property issues, then this should be the only path chosen. However, if he or she decides to get another lawyer outside collaborative law to engage in a litigation process, then that client will be acting unethically. This is because the very nature of collaborative law requires that individuals using it must be committed to the process and must not try to obtain undue advantage over one another. It would also be unethical for any of the representing lawyers to continue with the case upon finding out that their client is trying to manipulate the system in such a manner.
In the event that a person is making claims about certain properties and they dispense confidential information to their legal representative, then it is the duty of the latter party to protect this confidential information. Otherwise, dispensing it to secondary parties may be regarded as unethical. This is because legal representatives have the duty to remain faithful to their respective clients even when circumstances seem to be against them.
In the same manner, some clients may choose not give information about certain issues surrounding the contested property. It would be unethical for a certain legal representative to accept matters as they are without informing the client about the losses of withholding information from them. The person contesting for any type of property needs to be aware of the fact that the court may order them to dispense certain pieces of information. If they had not been informed about it by their legal representatives in the first place, then chances are that they will be at a disadvantage and the lawyer may have acted in an unethical manner. (Nolfi, 2008)
Conclusion
The essay has examined the issue of personal and real property with an identification of the distinct differences. Additionally, the paper has looked at two major legal issues surrounding real and personal property; these are divorce and levies. Levies on debtors are governed by the constitution and usually address the officer's obligations to the debtor. With regard to the issue of divorce, it is essential for disputing parties to do property appraisals.
Some of the ethical issues that may arise in real or personal property issues include things such as falling to inform clients about all their rights and communication issues.
Reference
Liuzzo, A. & Bonnice, J. (2005): Essentials of Business law; Mc GrawHill Publishers
Nolfi, E. (2008): Legal Terminology explained; Rout ledge, p 34-45
Barnes, J., Dworkin, T., Richards, E. (2008): Law for Business; Harvard University press
Katch., E. (2007): Clashing views on Legal Issues-Taking sides; Routeldge
About the Author
Author is associated with ResearchPapers247.Com which is a global Research Papers and Term Papers Writing Company. If you would like help in Research Papers and Term Paper Help you can visit Custom Essays> and Custom Research Papers> or Term Paper Help>
Must All Contracts Be In Writing? - South Carolina--Law Bytes
[mage lang="" source="flickr"]employment law bank holiday pay[/mage] Quite complicated situation re: resignation notice period. Does anyone know much about employment law?
This is two questions really. I'm going to hand in my notice soon, I have to give 4 weeks and the last week of that is Christmas.
I will be out of the country on annual leave that week. Can they exclude this from my notice period and ask me to come back after my holiday for another week?
If they are OK with me leaving at that time, will I be paid for the Christmas and New Year bank holidays if they fall within my notice period? If so, can they terminate my contract a week early to avoid this, since I'm not coming back after the 22nd Dec anyway, and just give me my remaining holiday pay instead?
Ok, UK Law ...
They cannot terminate your employment earlier than detailed in you terms and conditions of employment, so if you have to give 4 weeks, I shall assume the Company has to give you 4 weeks too.
So, if you hand your notice in, they have to pay up your notice - if you work it or not.
Holiday payments are normally paid pro rata - check your terms to see this is the case with you.
This means that when you hand in your notice, they will calculate the holiday you have accrued to the end of your notice and pay up...if you work it or not. They cant deny your holiday payments under the Working Time Regulations 1998. Bear in mind that if you have taken too much holiday they are entitled to take that money you owe them out of your final monies owed - if you have signed an agreement to permit this.
To answer your questions in summary... if they have agreed your holiday and you have accrued enough they cannot deny this and they will not ask you to stay on another week...the purpose of a notice period is to give your employer 'notice' to say that you are leaving the Company and they may need to re-employ....if your on holiday the last week it doesnt matter...its still notice.
To be honest, with the bank holidays, it really depends on what your terms and conditions say and what is normally custom and practice in the Company you work. But they cannot terminate your notice a week earlier UNLESS they pay you for it but you dont work it.
[mage lang="" source="flickr"]employment law checklist and forms[/mage]
Fire Risk Assessment Checklist - Free Checklist For Your Fire Risk Assessment
Using a checklist to carry out a fire risk assessment is a sensible approach, as there are set steps you need to take in order to carry out the procedure properly. This article provides a basic outline of these steps, and can be used as a checklist for the fire risk assessment process. More detailed guidance is available free of charge online, but the following outlines all the main stages.
The first stage in the process is to identify any possible fire hazards in your workplace. This means undertaking a thorough inspection of all areas of your premises and checking to see what could possibly lead to a fire in certain circumstances. To do this you need to think about what it would take for a fire to start, and what materials you have on your premises that are likely to burn well.
If you have any smoking areas, think about possible smouldering materials. If your workplace uses any equipment with naked flames, or which produce sparks, there is an obvious risk involved there. Any type of heater should be considered, as should any electrical equipment. A huge proportion of fires are started by faulty electrical equipment. Storage cupboards full of paperwork or piles of empty cardboard boxes stacked against an outside wall are classic examples of potential hazards, providing plenty of fuel if a fire does start.
Next you need to think about who in your workplace will be at risk if any of the hazards you have identified should result in a fire. This obviously includes all your employees, but do not forget people in your building who may not be employees. Remember contract staff or visiting contactors undertaking maintenance works, and do not forget any visitors or members of the public who enter your building, however infrequently. Also think about your own staff who may work in particularly isolated areas of your premises, and anyone who may have more difficulty than most in either getting out of the building, hearing the alarms or understanding what is going on. In particular, consider disabled people, children or foreign nationals.
The third stage on your checklist is to evaluate the risks you have come up with so far. Look at the hazards you have found and the people who are at risk and think about what steps you can take to reduce the chances of any of these hazards actually resulting in a fire. Then think about what would happen if they did result in a fire and what you could do to help protect the people you have identified. You need to have a plan of actions you will take to either reduce each risk to an acceptable level, or preferably get rid of it altogether.
The fourth stage on your fire risk assessment checklist is to record the details of what you have found. You have to do this by law if you employ five or more staff, but it is good practice anyway. The easiest way to do this is to use a fire risk assessment form, which you can download from the internet free of charge.
The final stage, which sometimes gets forgotten, is to review your fire risk assessment at regular intervals. This is important because circumstances change and when this happens the risks change to. If you are unsure about how often to review your fire risk assessment, a good starting point is to do it on an annual basis, and whenever something changes about your workplace (such as new equipment, materials or practices).
If you do not feel confident enough about your own experience to carry out a fire risk assessment, there are many fire consultants available who will undertake such work on your behalf.
[mage lang="" source="flickr"]labor and employment law degree[/mage] What is the best profession in Law that an Economics graduate can pursue?
As we all know there is no "typical lawyer." There are many "professions" within the profession of law. I have a degree in Economics and I would like to know where my training in the discipline would be maximized. Would it be when i specialize in criminal law, family law, personal injury or defective product litigation, trust and estate law, business transactions and litigation, tax law, employment or labor law, environmental law, patent and trademark law, civil rights litigation, or in other specialized areas?
[mage lang="" source="flickr"]employment law hr files[/mage] My Employer Wanted me to Break the Laws of EEOC?
My supervisor hired me (HR Recruiter) to help her with knowing employment laws. She told me not to hire people of a protected class (blacks) within certain zip codes. She also asked how she could fire a pregnant woman because, "I can't have someone taking off time from work". Later a man who was qualified for the job had a previous disability but had a Dr.'s note saying he was fit for duty and the candidate had been employed for the last 2 1/2 years in the field we were hiring. His disability was before that. My supervisor said, "We don't hire people with disabilities because it is a work comp claim waiting to happen". I emailed her letting her know an EEOC claim could be filed due to her actions and the next day when she received it, she fired me.
There were witnesses in the meeting; they have agreed to testify to what she said and I had contacted EEOC about two weeks prior to my termination.
Is there a monetary result to this situation for me (retaliation) and the applicant?
Yes, there's good potential for a wrongful termination lawsuit but you will need the services of a specialist lawyer.
If you have solid witnesses that will not back out and have also developed good supportive data, memos, emails, other reliable information sufficient to have already contacted EEOC, then I'd recommend one further step which can be of even more value.
You send a nicely phrased but firm letter to the President of the Co., asking for reinstatement with full pay and the firing of the Supervisor. Suggest to the President that he/she will only make matters worse for the firm if they refuse to do so as their failure will only stand as further proof that they willingly support a lawbreaker.
Tell them that you expect compensation over and above just being reinstated but keep it reasonable.
Their failure to respond favorably within 10 days will only serve to make the lawsuit better.
Sarah Palin Has Ethics Complaint Filed Against Her
[affmage source="amazon" results="5"]employment law hr files[/affmage]
[mage lang="" source="flickr"]colorado employment law overtime pay[/mage]
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!
[mage lang="" source="flickr"]labor and employment law malaysia[/mage] Phuket to crack down on World Cup gambling
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, ...
Search FT.com
Athens is on edge. A wave of protests reached a new level of violence yesterday when, according to police, three people died in a fire caused by a demonstrator throwing a petrol bomb into a bank during a march to parliament by tens of thousands of strikers protesting against austerity measures. Queen Elizabeth II speech to parliament 2009
[mage lang="" source="flickr"]employment law group connecticut[/mage]
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.
In what situations is it astute to gain home owner's title insurance? My loan officer told me that most inhabitants don't go and get it although it depends on the situation.
In what ways can an employer show member of staff admission that would brand an member of staff grain appreciated and not $$ I would like to show my employees that I appreciate them I'm not sufficiently expert to give raises or bonus due to the...
In which states are house flipping forbidden? i'm one and only 15 but im considering this to be an occupation for me. is it fruitless to merely do this for a living? would i be capable of clear a flawless amount of money? i'm thinking roughly taking classes for...
In your feelings, do you focus the interest rate on a 30 year loan is going to rise in the subsequent 30 days? The Fed Reserv not long lowered the rate at which they lend money to bank by .5 and this indirectly will lower the rates at which...
Incentives for first time home buyers contained by Florida? What are some things I should be looking for? Also, how long should I wait (or not wait) to purchase a home? This summer or by the end of this year?
Income base rent sound out.? I'm looking to rent at an income base apartment complex. Ok so I trademark 1,280 and my rent would be $384 which is 30% of my income. However, my fiance make $880 cut time a month and next it would show we'd own to...
Incorporate or not? Hi, My friend is starting up a tutoring business with another guy. Initially they want to contract their services out to other tutoring companies and in almost a year open up their own business. Should they incorporate? What kind...
Incorrection information contained by Home Inspection report? Hello, I bought a house in 2003 in Kentucky. I get a licensed and insured home inspection done on the house. The home inspector mentioned that the basement of the house is waterproofed by a company. But I just found...
Increase rent surrounded by San Jose, CA? My attendent refuse to earnings more because she is a single mom and doesn't enjoy money. What should I do? Thanks!
Increase within rent sound out? My friend rents a house for lb500 per month (includes bills and council tax), her agreement runs out subsequent month and her lanlord have told her surrounded by writing that her rent will increase to lb550 per month due to fuel costs rising and...
Indiana Apartment Rental law? I am 15, turning 16 in September. My dad is moving in beside his girlfriend and her apartment is really small. My mom lives in barbados. I am responsible, don't drink or smoke, adn get straight As. is it possible...
Indiana REALTOR material estate MLS Question concerning exclusions -? Just wondering, our realtor (we like him, we really do) told us that the exclusion list that we provide him beside - names of just a few folks that have seen the house 'by owner' and are somewhat interest,...
Indiana.Wife Died Approved for a home I can afford, can I buy it, and consent to the 1st foreclose and preserve the alien? I can not afford where on earth I are currently living. I originally bought this house 3 years ago. My wife died in 2006, we have...
Indiana: What is the difference between defaulting and foreclosure on a mortage? Curious as to the difference between defaulting and foreclosure on a mortage? What are the different things that could evolve if you save one house and inevitability to seize rid of another wheather it be defautling or...
Inexpensive place to live? hi im planning to take past its sell-by date where? dont know only would like it to be someplace where on earth i can afford to live. IM A SINGLE MOTHER OF A 3 YR OLD. any body know of...
Inexpensive retreat type structure to build on currently unimproved domain? I enjoy roughly speaking 14 acres of manor next to nil on it, near's singular something like 1/2 an acre to be exact cleared and flat, the rest is mountainside and would cart some grade to capture flat. I...
Infamous mortgage issue? I read in the san jose mercury word in the region of the mortgage issue. can anyone please clarify exactly what is going on so i can make out the issue better?
Info almost Don Wright Realty? I'm getting equipped to rent a house from Don Wright Realty. Have you delt next to them previously? On abundant occasion i've hear of relations mail their rent and next they claim they never recieved it. Which i wont own that...
Info on selling Pampered Chef?? I was wondering how much it is to start what percent commission you make how much do you hold to order to stay active do you own to have parties or can you lately sell it yourself with out the party? ...
Information in the order of escrow? Property is in escrow I simply know this Is there any agency to find out the name of the buyer and the amount If the escrow is canceled down the road?
Information needed. Please respond beside serious answers.? I am wondering if you can tell me of any free ligetimate work at horm jobs. I am a single mother short a vehicle right now and I am needing to get some money at home. Does anyone know any legitamate...
Information on buying a House? Honestly Could you guys of late reply vertebrae near dos and donts. Like possibly unquestionable mistakes that you made which you can describe me so I will not do duplicate. Buying A house seem to be one of those subjects that I cant receive...
Information on sellin g a home next to buy owner? I tried book my house for public sale near a realtor surrounded by South florida and get no where on earth. I own lately met next to Buy Owner and considered necessary to know if anybody have ever used...
Inheriting a Home Tax Question? My wife and 3 other siblings adjectives a home surrounded by california 4 years ago, when their mother died. The mother, however have the house within a living trust, so the home is presently within the signature of the trust. i hold a few...
Input from - Out of State Landlords? Own several investment properties in the Pacific NW. Recently been offered a opening in Bay Area, CA for double my salary. I ma have a difficult time making a decision because I consider my properties as my responsiblity and...
Inquiries? If I apply for a pre-qualification for a mortgage, is this considered an inquiry? If I am not qualified for the loan, will this be held against my credit as an inquiry ? Does anyone know what the damage would be?
Inspection on a home we are buying - Fort Worth? Hi guys - We only get a 5 day resort, so this is kind of rapid and I just want to trade name sure we're getting a good price on the inspection. Base Inspection -...
[mage lang="" source="flickr"]minnesota employment law conference[/mage]
TEN PITFALLS FOR THE UNREPRESENTED INJURED WORKER
TEN PITFALLS FOR THE UNREPRESENTED INJURED WORKER
by Falsani, Balmer, Peterson, Quinn & Beyer
1. FAILURE TO REPORT THE INJURY.
An injured worker must report a work injury to his or her employer, unless the employer has actual knowledge of the injury. Minn. Stat. §176.141 provides for three different time periods regarding notice:
I'm sick and tired of audible range that over and over and over again. I need some real answers here. I am looking for a fun and exciting art. I don't want a traditional 9-5 office job or anything, I want an adventurous mission that will allow me to travel the world. I don't want to be a pilot or travel agent though. I want it to be well paying job, not a tour guide or anything. I knwo for sure I'm not cut out for math and science, so I'm genus of thinking business might be ideal for me...say International Business. I'm the type of creature who knows when I don't like something and I know that I don't close to anything because I've done tons and tons of research on every single job and career. I've also taken plenty of classes surrounded by anything that I think may interest me. I'm also trying to figure out what some hot career are in the future, but everything to be precise going to be hot and growing includes: IT and health, which I obviously don't resembling. I know you might be thinking, why doesnt' she figure it out on her own, but come on I really need some relieve here. I was home schooled, so don't really hold any guidance. I just want to know of some unique, fun, adventurous, travel packed and exciting jobs that are going to be hot in the adjectives. I know you're probably going to say, follow your heart...but I really don't know. PLEASE PLEASE help me.
My ex was a nurse in an old folks home. She used to tell me stories of how the patients with dementia and Alzheimer's would get tied to their beds for their own safety. Can you imagine spending your.
