Wednesday, August 26, 2020

Business Ethics and Social Responsibility and Its Impact on Efficiency Research Paper

Business Ethics and Social Responsibility and Its Impact on Efficiency - Research Paper Example As a specialist for this firm, the report made by the ABC meetings will likewise talks about the essential highlights that are the most conspicuous for the associations, the social responsibility,and how these really shape the general key wanting to in the long run achievevalue creation just as expanded benefit. The SR is a strong system to find and talk about connections that dwell in the business-society, which can be accomplished by looking at the organizations and their social effect (Carroll, 1991; Wood, 1991).There have been numerous investigates that have energized open mentality straightforwardly identified with the endeavors that can create another perspective for the partnerships just as thebusinessesthat contend in the worldwide society. The initial segment of thereporthighlights a presentation of the topicthatspecifies the subject just as the essential motivation behind the report. At that point expressed, are the examination discoveries from the examination, alongside th e investigation of the accumulated data to at long last end with suggestions. The paper in this way looks at the highlights and strategies required by the XYZ Company on how these can be blended in the acts of the associations. The report will likewise feature how business morals helps in building up the social capital,as well as the practices that help the associations support in the serious condition of the worldwide situations. The report closes with the eight fundamental characteristicsneeded to accomplish productivity that is the duty of the proprietors just as the supervisors of the XYZ association. Presentation A decent business that is engaged with social obligation and moral strategic approaches realizes how to accomplish a triumphant business of the new century. The acts of these organizations not just work towards offering some benefit to the proprietors yet in addition enhance the general public all in all. These organizations in this way censure the exploitative practic es, yet in addition mean to embrace those sorts of practices that that gives a positive effect on the partners (The European Commission, Employment and Social Affairs Directorate; Clarson). As a specialist I will thusly recognize the moral practices thatthe XYZ Company must have so as to analyze the influences that moral business and social obligation have on the association and its processes.â

Saturday, August 22, 2020

Introduction healthcare Research Paper Example | Topics and Well Written Essays - 500 words

Presentation medicinal services - Research Paper Example They have both seen a lot of progress since their commencement. The biggest effect on change inside these associations has been the continually propelling innovation; it has extended administrations hugely. The best test the two of them face presently is the continuation of financing and staff support so as to have the option to proceed with their effort administrations. The American National Red Cross The American National Red Cross is a part of the International Red Cross and Red Crescent Movement. It was established in May, 1881, by Clara Barton, a pioneer in American nursing. It is an impartial, autonomous association to advance life, harmony, and correspondence so as to ease human enduring around the world. It is a social insurance and helpful association that today despite everything serves Americans across the country with specific accentuation on catastrophe alleviation and administration to military families. Its blood drives flexibly the greater part of the nation’s required blood gracefully. Their general point is to take care of, cover, and give comfort and passionate help just as access to human services during times of calamity and emergency. (American National Red Cross, 2011) The first vision for the American National Red Cross was to give brisk and exact correspondence of data during crises, just as administration for sick and injured military faculty and their families.

Wednesday, August 19, 2020

Manage Your Future

Manage Your Future Every year MISTI sends nearly 600 interns from all MIT majors abroad to work in their chosen field. In 2010 2011, we sent 66 Management students to 9 different countries to intern in companies such as: Allianz (Germany), Amadeus (France), American Express (Mexico), Brunello Cucinelli (Italy), Cinepolis (Mexico), Daikin (Japan), Deutsche Bahn (Germany), Grupo BBVA (Spain), IFMR (India), King-eClient (Spain),My Gengo (Japan), Naiot (Israel), Nasvax (Israel), Societe General (France) and Xerox (India). Sara Hernandez Class of 2015 MIT-India Program 2011 Internship: IFMR, Chennai The skills I gained and the ideas I got from field observations will be crucial for my own future research.I really want to improve my qualitative research skills: for that I plan to take some classes at MIT at the econ and anthropology departments. It has been a very good opportunity to learn how the economic theory can be applied to solve real problems and I hope I can go back to India to start my own research project. The project:Following the philosophy set by the OWC courses, I helped to adapt graduate-level econ subjects to the curriculum of the university: worked on syllabus design, reading materials, class presentations and assignments. I also assisted with a research project that was conducting comprehensive surveys on the rural poor regarding health and productivity. The host:The IFMR is a very prestigious centre that takes students from all over the subcontinent for MBAs and masters programs. It is a focal point for researchers and practitioners interested in development and poverty research. The city:Chennai is a very vibrant city with a unique coastal atmosphere. Jumping on a rickshaw, eating masala dosas or attending religious festivals were truly unforgettable moments! Becca Hung Class of 2011 MIT-Germany Program 2010 Internship: Deutsche Bahn, Berlin Through my DB internship, I not only learned about the strategy and logistics for international freight transportation, but I gained an appreciation and affinity forGerman culture.This experience has sparked my interest in getting a job related to International Relations or Germany. Though my MISTI experience, I believe I have gained more knowledge about worldly culture and I am eager to learn more about it through more international experiences and/or jobs. The project: I worked on strategy transport and logistics for DB Schenker. This entailed doing market research and financial calculations on various freight transportation companies. I created competitor profiles and presentations for DB Schenker. The host: DB Schenker, a logistics company and a wholly own subsidiary of Deutsche Bahn AG, is a logistics company comprising of land, air, and sea freight. The city:Berlin is a huge city full of culture, history, fun, and variety. I truly enjoyed catching up with colleagues and friends over a drink at a caf or bar (especially Berlins beach bars).

Sunday, May 24, 2020

The Effects Of Immigration On The Social And Economic Economy

Abstract Examining the effects that immigration may have on the social and economic economy in the United States of America is perpetual. This research will begin with the establishing of the National Origins Act of 1924 (NOA), and how NOA impedes on the genesis contract that began the settlement of these united states. The signing of the Immigration Bill in 1965, how it facilitates a much needed common ground approach to a more legislative approach. Within this research there will be two comparisons, first of today, as was then, how America recognizes the importance of lawful immigration and why one of the many names of this country is the great melting pot, simply because it is established and founded by immigrants. Secondly, today America also recognizes the laconic challenges illegal immigration pose to the United States of America and felt the need to legislate a reform statue to the added immigration and naturalization law in 1776, inscribed within the Declaration of Independe nce. Also, What the Bible’s viewpoint on both legal and illegal immigration, and the Biblical Principle Fisher relates immigration too. How does past economical immigrate settlers match-up with today’s immigrants, who are legal residents and present a security risk, compared to the immediate threat of illegal immigration that does not. How does one discern the differences? Lastly, in this research there will be a clear overview of the two Legislative Laws, the Immigration Bill of 1965, H.R.Show MoreRelatedImmigration On The United States1302 Words   |  6 PagesImmigration Rights in the U.S. Immigration has occurred in the U.S. for for many years. Some say it’s the foundation of our country. America is the country where people leave their own country to live. People would leave due to mistreatment, hunger issues or job opportunities. America is known for starting over or accomplishing dreams, so immigrants travel over to follow those dreams. People emigrate from one country to another for a variety of complex reasons. Some are forced to move, due to conflictRead MoreIllegal Immigration And The United States1481 Words   |  6 PagesPurpose Statement Illegal immigration can cause substantial tension on the current economic configuration in a country. However, it can also, assist the said configurations by providing cheap and effective manpower at the same time. Contemporary study on political opinions concerning immigration frequently pits points of view highlighting economic self-interest versus cultural or ideological rationalization. They (studies) are also based on the particular immigration policy at hand at the time,Read MoreBenefits Of Immigration Reform During The United States Essay1651 Words   |  7 PagesBenefits of Immigration Reform Today, the need for immigration reform questions many economic, political and moral realities in our country. In particular, the current immigration reform as a major issue in the Latino community. Each area will be examined with an emphasis on how each is beneficial to the economy, as well as touching on the differences between the key opinions around immigration reform. Latinos make up a large portion of the people impacted by the outcome reform bill. The MigrationRead MoreThe Effects of Migration725 Words   |  3 Pagesevery day, but they’re knocking on doors that are not open.† Probably, the author is right because most of the migrants even do not know what awaits them in a new country. Before thinking about the effects of migration, people should draw a distinction between emigration and immigration. The immigration is beneficial, whereas the emigration is totally disadvantageous for a country. People from industrially backward regions do not value their current lifestyle and conditions, and they cannot resistRead MoreThe Effects Of Immigration On The Host Economy1502 Words   |  7 PagesThe aim of this literature review is to provide an overview of the various effects of immigration on the host economy. The consequences I will be focusing on are on employment, inflation, wage level, economic growth and the welfare system. I am also going to examine what effect the skill level of immigrants has on the economic development of the host country. Then we will concentrate on papers about the situation in particular countries. There is plenty of research available about that particularRead MoreThe Benefits Of Immigrants During The United States946 Words   |  4 Pagesthat immigration is an impending threat to national security, and that the U.S. should close the borders up for good. The U.S. should not consider that because everything negative that occurs in the U.S. is not due to immigrants. The government can stop illegal immigration right now, but would it not affect the U.S. more to do so? Restrictionists claim that large-scale immigration, legal and illegal has depressed wages, burdened government resources, and acted as a net drain on the economy. HoweverRead MoreImmigration And The United States967 Words   |  4 PagesThe opinion of many people today, immigration is what has made America. People who immigrate to a new country ace a number of challenging situations and problems in the new community where they live. The problems can be economic, societal and or cultural. There would be no Ameri ca if not for immigration is what has made America because most of the people in this country are immigrants and from different parts in the world. Countries such as China, Germany, Japan and many others have contributedRead MoreImmigration And Its Effects On The Country s Economy1044 Words   |  5 PagesImmigration is what shaped America to what it is today. In fact, there would be no America if not for immigration because everyone in the country is an immigrant or is directly descended from one. America as we know today would not be called a â€Å"melting pot† if it was not for the rich culture immigrants brought with them such as style, food, worth ethics and entertainment. The oldest inhabitants, the Native Americans, emigrated from Asia. The rest of us come from all different ethnicity, backgroundRead MoreThe Unsuspected Success Of Donald Trump s Campaign For President Essay1632 Words   |  7 PagesThe unsuspected success of Donald Trump’s campaign for presid ent has proved to be the spark of a new nativist moment in the United States. Open hostility and opposition to immigration has moved into mainstream culture, as Americans become increasingly intolerant of migrants as a result of their financial and cultural woes. Nativist sentiments are not a novel fixture of American political culture, however, as throughout history there have been countless crusades against migratory movements of theRead MoreImmigration Reform Should Not Be Eligible For Work Authorization863 Words   |  4 PagesThe Supreme Court will announce their decision in June 2016 on the Obama’s administration proposal regarding immigration reform actions. If passed, the actions will allow millions of undocumented immigration to be eligible for work authorization. This will also effect the implementation of the Deferred Actions for Parents of Americans, Lawful Permanent Residents, and an expansion on Deferred Action for Childhood Arrivals, which affects teens and yo ung adults raised in the U.S but born outside the

Wednesday, May 13, 2020

Bahrain Geography, History, Culture, and Economy

Bahrain is a small country located in the Persian Gulf. It is considered a part of the Middle East and is an archipelago made up of 33 islands. The largest island of Bahrain is Bahrain Island and as such, it is where most of the countrys population and economy are based. Like many other Middle Eastern nations, Bahrain has recently been in the news due to increasing social unrest and violent anti-government protests. Fast Facts: Bahrain Official Name: Kingdom of BahrainCapital: ManamaPopulation: 1,442,659  (2018)Official Language: ArabicCurrency: Bahraini dinars (BHD)Form of Government: Constitutional monarchyClimate: Arid; mild, pleasant winters; very hot, humid summersTotal Area: 293 square miles (760 square kilometers)Highest Point: Jebal ad Dukhan at 443 feet (135 meters)Lowest Point: Persian Gulf at 0 feet (0 meters)   History of Bahrain Bahrain has a long history that dates back at least 5,000 years, at which time the region served as a trading center between Mesopotamia and the Indus Valley. The civilization living in Bahrain at that time was the Dilmun civilization, however, when trade with India declined around 2000 BCE, so too did the civilization. In 600 BCE, the region became a part of the Babylonian Empire. According to the U.S. Department of State, little is known about Bahrains history from this time until the arrival of Alexander the Great  in the fourth century BCE. During its early years, Bahrain was known as Tylos until the seventh century when it became an Islamic nation. Bahrain was then controlled by various forces until 1783 when the Al Khalifa family took control of the region from Persia. In the 1830s, Bahrain became a British Protectorate after the Al Khalifa family signed a treaty with the United Kingdom which guaranteed British protection in the event of a military conflict with Ottoman Turkey. In 1935, Britain established its main military base in the Persian Gulf in Bahrain, but Britain announced in 1968 the end of the treaty with Bahrain and other Persian Gulf sheikdoms. As a result, Bahrain joined the eight other sheikdoms to form a union of Arab emirates. However, by 1971, they had not officially unified and Bahrain declared itself independent on August 15, 1971. In 1973, Bahrain elected its first parliament and drafted a constitution, but in 1975 the parliament was broken up when it tried to remove power from the Al Khalifa family, which still forms the executive branch of Bahrains government. In the 1990s, Bahrain experienced some political instability and violence from the Shia majority and as a result, the government cabinet underwent some changes. These changes initially ended the violence but in 1996, several hotels and restaurants were bombed and the country has been unstable off and on since then. Government of Bahrain Today, Bahrains government is considered a constitutional monarchy; it has a chief of state (the countrys king) and a prime minister for its executive branch. It also has a bicameral legislature made up of the Consultative Council and the Council of Representatives. Bahrains judicial branch consists of its High Civil Appeals Court. The country is divided into five governorates (Asamah, Janubiyah, Muharraq, Shamaliyah, and Wasat) that is administered by an appointed governor. Economics and Land Use in Bahrain Bahrain has a diversified economy with many multinational firms. A large part of Bahrains economy depends on oil and petroleum production, however. Other industries in Bahrain include aluminum smelting, iron pelletization, fertilizer production, Islamic and offshore banking, insurance, ship repairing, and tourism. Agriculture only represents about 1% of Bahrains economy, but the main products are fruit, vegetables, poultry, dairy products, shrimp, and fish. Geography and Climate of Bahrain Bahrain is located in the Middle Easts Persian Gulf to the east of Saudi Arabia. It is a small nation with a total area of just 293 square miles (760 sq km) spread out over many different islands. Bahrain has a relatively flat topography consisting of a desert plain. The central part of Bahrains main island has a low elevation escarpment and the highest point in the country is Jabal ad Dukhan at 443 feet (135 m). The climate of Bahrain is arid and as such it has mild winters and very hot, humid summers. The countrys capital and largest city, Manama, has an average January low temperature of 57 degrees (14ËšC) and an average August high temperature of 100 degrees (38ËšC).​ Sources Central Intelligence Agency. Bahrain. CIA World Factbook.Infoplease.com. Bahrain: History, Geography, Government, and Culture.United States Department of State. Bahrain.

Wednesday, May 6, 2020

Law Essay Free Essays

Administrative Action Are grounds of judicial review so poorly defined that they enable the courts to pick and choose the cases in which they will grant judicial review? Should that be the case? Introduction Substantive Grounds of Review: Unreasonableness Unreasonableness as a ground of review is difficult to define with any clarity or certainty and as a direst result has often been branded as a problem ridden aspect of administrative law. The concept of Wednesday unreasonableness, formulated in the case of Associated Provincial Picture Houses v. Wednesbury Corporation [1948] and further developed in Council of Civil Service Unions v. We will write a custom essay sample on Law Essay or any similar topic only for you Order Now Minister for the Civil Service [1985] per Lord Diplock was that courts would intervene to correct an administrative action based on the ground of reasonableness only if it was â€Å"so outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it. Indeterminacy as to the definition of Unreasonableness: Poorly defined grounds of review? The concept of unreasonableness as propagated by Lord Greene and adopted by Australian courts is inherently indeterminate. Whether a particular decision is reasonable or not is often nothing more than a question of degree and opinion by the courts. This creates an overt sense of arbitrariness which then calls into question the consistency and subsequently effectiveness of such a ground of review as illustrated by case law. The effectiveness of unreasonableness as a ground of review was blatantly called into question in the case of Chan v Minister for Immigration and Ethnic Affairs where the High Court and the Federal Court differed in opinion as to what constituted unreasonableness which was manifestly unfair. This apparent inability of the courts to reach a consensus on what precisely constitutes the required degree of unreasonableness in order to allow a reversal of the disputed administrative decision calls into question the consistency with which it can be applied by courts. Although subsequent cases (Prasad v Minister for Immigration and Ethnic Affairs/ Luu v Renevier/ Minister for Aboriginal Affairs v Peko-Wallsend) seemed to prefer an expansive interpretation of unreasonableness, in neither of these cases can it be said that the delegate’s decision represented something that was manifestly unfair or overwhelming as required by Lord Greene’s original version. Conversely, it can be argued that the Federal Court simply reviewed the merits of the case and substituted its decision for that of the original one. In these cases although it was difficult to reach the conclusion that the decision was so unreasonable that no reasonable person would have come to them, that is exactly what the courts did. This further prompts arguments that the ground of unreasonableness is so poorly defined that courts can pick and choose the cases in which they grant judicial review. The wider the interpretation of unreasonableness greater the risk that courts are in essence given greater opportunity to conduct a merits based review with the effect being that judicial review becomes less effective as it loses the element of consistency. In light of this realization, this ground has recently come under close scrutiny by both the judiciary and the legislature. Where unreasonableness does exist as a ground of review, both the High Court and the Federal Court have held unequivocally that it must be strictly construed and that the courts must abstain from using unreasonableness as a guise to hear an appeal and so engage in merits review of a case. In the cases of Minister of immigration and Ethnic Affairs v Eshetu and Minister for Immigration and Multicultural Affairs v Betkhoshabeh, the Court established strict constraints for unreasonableness, insisting that it is only to be used in the most extreme of cases and that the review should only extend to the legality of the decision. These cases clearly mark a turnaround from the earlier approach in Prasad. In essence his ground of review has been narrowed so that it is to be used only where there is unreasonableness in the very strict sense of the word such that courts can only intervene where only one possible conclusion could have been reached by the decision maker but was not so reached. Therefore precisely defining this ground of review is impossible due to conflicting needs to reign in unreasonableness as a ground of review as opposed to limiting its scope excessively. Proponents of the restrictive approach advocated in Eshetu would argue that a wider interpretation and application of unreasonableness may eventuate in judicial review extending to the merits of a case and possibly usurping the administrative process. However to restrict unreasonableness as a ground of review to that extent runs the risk of marginalizing this ground to the effect of making it redundant. This then gives birth to the possibility that occasions where judicial review was warranted due to the oppressive nature of administrative decisions would go unchecked. There must be a ground of review that can capture decisions such as that in Chan that would otherwise escape scrutiny. Moreover the arguments for and against a restrictive approach to interpreting unreasonableness do not of themselves remove other elements of unreasonableness as a ground of review that are poorly defined. The requirements for something overwhelming or for the evidence to support only one possible conclusion are no more determinate than those of the concept of reasonableness itself. There still exists the need for courts to engage in an evaluative, value laden inquiry as to the reasonableness (or the extent thereof) of a decision and this necessarily involves delving into the merits of a decision rather than its legality. The test of whether a decision is reasonable then hinges upon whether the evidence has been considered with propriety and reasonably and it is precisely this which makes the test one of poor definition. In determining whether the available evidence was reasonably interpreted, even considering the more recent restrictive approach propagated by courts, the courts are essentially disagreeing with the decision under review on an indeterminate ground. The danger of illegitimate judicial incursion into the merits of the decision remains present despite its strict construction. Violating the Distinction between merits and judicial review: Poorly defined grounds of review? Although courts can justify judicial review on the basis of Wednesbury unreasonableness, this justification is limited in that the courts cannot intervene simply because they do not agree with the administrative decision or view the facts differently. The distinction between judicial and merits review requires that courts only concern themselves with the question of whether the decision maker had acted within the confines of his power subject to the issues of relevancy, proprietary of purpose and unreasonableness. In no way must they concern themselves with the appropriateness of nor the policy considerations behind the decision in a bid to influence or criticize the policy. To do so would amount to a merits review and this would be contrary to the rule that the final authority on the merits of a decision should be the body vested with the discretionary power to do so by Parliament. The theory behind this is that although Courts have the constitutional authority to review decisions of the other arms of government, there is an ever present danger that they might extrapolate this duty excessively and effectively exercise the power vested by Parliament in the primary decision maker, hence substituting their decision for that of the intended decision maker. This would amount to a radical breach of the doctrine of Separation of Powers due to the courts’ exercise of a â€Å"surrogate political process† in direct and conflictual contravention of the notion of Parliamentary sovereignty. The aggregate effect would be a decay of our established system of parliamentary democracy as the courts are neither democratically elected nor politically accountable. The credibility and legitimacy of both the judiciary (and judicial review) and the Constitutional guarantee against excesses by any arm of the Government would be impaired should such a development occur. However the problems surface when there is attempt to apply the theory to practice. Judicial review, despite the grounds on which it is justified, ecessarily involves a process that is evaluative, with emphasis on examining the merits of a decision. When this is compounded by the fact that a conferral of discretionary powers are done so in language that often lacks clarity and is open-ended, it is not too remote to state that courts, in their attempt to evaluate the reasonableness of a decision, will have to embark upon the path of a value-laden judgment about whether there was a breach of the confines of the discret ionary power. This inherent problem within grounds of review is particularly exacerbated in the case of Wednesbury unreasonableness because, although the enacting statue would include the requirement of reasonableness, it will inconveniently leave out the definition of reasonableness, hence creating more room for an evaluative process by the courts. This then amounts to a process of pitting a contested decision against an ideal standard of reasonableness, a standard which has to be construed by the courts. It is then no surprise that the result is often an opaque and loose standard which tends to veer towards the substantive elements of a decision rather than the procedural elements. The fundamental problem of Wednesbury unreasonableness as a ground of judicial review is that the trigger for raising this ground is the disputed quality of the administrative decision. Hence what this amounts to is an intervention by the courts in lieu of the merits of the decision, hence blurring the distinction between legality and merit. When courts attempt to evaluate the legality of administrative action on the murky grounds of unreasonableness, they risk justifying a merits review as judicial review and hence risk an intervention based on their construction of unreasonableness and not based on the legality of the decision in question. Procedural Grounds of review: Bias Bias is a failure to have an open mind on the issues. Actual bias, a closed mind, may lead to other reviewable errors but exists as a separate ground of review. Bias as a ground of review also looks at the perceptions and a decision may be set aside for a perception of bias, whether there was any or not. The test is whether a fair minded lay observer would perceive a possibility of bias. This portion of the essay deals with judges continuing to act in a decision making process when they have an interest in the outcome of the case. A judge with a financial interest in a decision is not automatically barred from hearing the case and is only barred if the interest was such as to create a perception of bias [Ebner v Official Trustee in Bankruptcy (2000)] The distinction between actual bias and an apprehension of bias is that for the latter there needs to be no issue of whether the judicial officer might or did in fact bring an impartial mind to the resolution of that case. All that is required is that he might or might have brought an impartial mind to the resolution of the case. The High re-defined the apprehension of bias principle in Ebner v Official Trustee in Bankruptcy (2000) such that the governing principle now is that a judge is disqualified if a fair minded lay observer might reasonably apprehend that the judge might not bring an impartial mind to resolving the case at hand. The principle may also need to be modified in the case of some administrative decision makers, to recognize and accommodate the different legal framework within which administrative decisions are made. Indeed, in Minister for Immigration and Multicultural Affairs v Jia, the High Court made it clear that the application of the Ebner principles will depend on the circumstances of the case at hand. Judicial officers, by virtue of their public duty do not lose their rights as citizens to engage in a private life and participate in all that a private life necessarily entails. Therefore to assert that there will be conflicts of interest between the public duty and private life of judicial officers seems to be an otiose argument. Any argument that this conflict of interest could result in bias, hence forming a ground for review must then be contemplated with skepticism. Interest The prominence of financial diversity, prevalent interest in shareholding, necessity of investing in superannuation and its related equity funds all result in a significant number of judicial officers, like their counterparts in other professions to have an interest in publicly listed companies. These publicly listed companies are not only the dominant incumbents of their industries but also, as a result of their expansive service production, likely to be involved in litigation periodically. Therefore there is potential scope for litigants to argue that there should be judicial review of a decision made on the basis of an apprehension of bias because of the pecuniary interest of the judge in the case. However, the resolution of most cases involving large companies is unlikely to be significant in affecting the value of a shareholding. Hence shareholdings in large companies will not be disqualifying factors in most proceedings. The proportion of the shares held to the value of the company as an aggregate is likely to be insignificant such as to warrant an intervention on this account. Association There is no clear touchstone that can provide an easy method of identifying what might be a disqualifying association and this could provoke arguments that this ground of review is poorly defined and arbitrary. Obviously a judicial officer cannot preside in a case in which he or she is a party; or in which a close relative is party. On the other hand, the judicial and planning appeal systems would be unworkable if a member was disqualified simply because they knew a party, let alone a representative of a party. The High Court has stated that a reasonable apprehension of bias may exist where the presiding judge has a substantial personal relationship with a party to, or a person involved in, proceedings or a substantial personal relationship with a member of the family of that party or person. However what constitutes a substantial personal relationship may, in practice, be elusive. Much depends on the nature, duration and closeness of the relationship. The High Court decision in Bienstein v Bienstein, which established the general principle that a judge is not disqualified from hearing a matter simply because, when a barrister, he or she has appeared for a party in the past. The recent decision of the House of Lords in Gillies v Secretary of State for Work and Pensions is illustrative that, in the case of an expert tribunal or court, a relationship with the agency whose decision was under review might not be a disqualifying factor. The House of Lords considered that a fair minded observer, who had considered the facts properly, would appreciate that professional detachment and the ability to exercise an independent judgment lay at the heart of such decisions. No-one is immune from a complaint of apprehended bias. Judges cannot be expected to be value-free. Conduct Sometimes the conduct of a judicial officer may be such that a reasonable person may apprehend that the matter might not be decided impartially. But this does not mean that a judicial officer cannot have an opinion about the general reliability of a witness who regularly appears before a court or tribunal; provided that the officer is open to persuasion and does not make comment indicating prejudgment. It must be stressed that the expression of tentative views, designed to elicit relevant submissions, does not constitute bias nor create a reasonable apprehension of bias. Indeed, this practice actually enhances procedural fairness by alerting the parties to the thoughts of the tribunal and providing them with an opportunity to persuade the tribunal to adopt a different course. Demands to disclose interests or associations When should a judicial officer respond to questions about their interests or associations? There are different schools of thought as to the appropriate practice to adopt when a judicial officer is asked about his or her interests or associations. My view is that, within reason, it is better to answer specific questions in relation to factual matters in order to put minds at rest; or, if minds are not put to rest, to require the parties to confront the potentially disqualifying interest or association and identify the logical connection this may have with a partial adjudication. However a judicial officer should not feel compelled to identify and disclose all possible interests and associations, direct and indirect, whether or not relevant to the case at hand. And there is certainly no obligation to answer questions about opinions, values or attitudes. Effect of non-disclosure of non-disqualifying interest What happens if a judicial officer does not disclose an interest or association which might have been disclosed as a matter of prudence (on the asis that it was potentially disqualifying), but, when revealed, was not ultimately found to be a disqualifying interest or association? In Ebner, the majority of the High Court thought it necessary to distinguish between considerations of prudence and requirements of law. The court considered that, as a matter of prudence and professional practice, judicial officers should disclose interests and associations if there is a serious possibility that they are potentially disqualifying. But it thought it was neither useful nor necessary to describe this practice in terms of rights or duties. Thus if a judicial officer does not disclose a non-disqualifying interest or association, his or her silence cannot reasonably support an inference of want of impartiality. Conclusion The High Court has emphasized that judicial officers should not be too ready to disqualify themselves when confronted with an insubstantial objection, lest that this will lead to forum shopping. But the same does not go to disclosure of potentially disqualifying interests or associations. Quite apart from any moral responsibility, recent decisions have shown the practical virtues of disclosure in circumstances of any doubt. But in determining any objection a court or tribunal should apply a method that requires there to be some logical connection between the alleged disqualifying matter and an inability to impartially determine the proceeding. How to cite Law Essay, Essays

Tuesday, May 5, 2020

T.E.N - The Room free essay sample

The debut full-length album from these Hamilton, New Jersey natives came out last fall, and its a very good introduction to what I hope will be a long career for the young men known to their fans as The Early November.T.E. N. released For All of This in 2002, and it was impressive, to say the least, but this follow-up album just proves they arent going to let up on rocking out anytime soon. A melodic mix of rock and emo, these lads show their raw, undeniable talent.The album begins with a remake of the acoustic Ever So Sweet with a violin added, which makes the song more stylish and appealing.The next track that catches my fancy is The Mountain Range in My Living Room, which is excellent. The lyrics are awesome, the melody is catchy, and the overall response to the song is pure awesomeness. We will write a custom essay sample on T.E.N The Room or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Baby Blue, a single off the album, is a very catchy, well-put together rock song that makes you want to sing along with the chorus: Nights likes these are never ending! I tried so hard to make this perfect. One of my favorites, though, is Fluxy because of its impressive lyrics.Overall, T.E.N.s debut album is a show, a display for music fans. Its audible proof that these guys are a talented group ready to rock out, and do it well, might I add. I definitely recommend this CD to anyone who likes good music. Look for these guys on tour and in the future.