The Chronic Condition of Hispanic High School

IntroductionThe release of the 2010 U.S. Census consequences last month revealed a altering face for the state. Driven by the 43 % growing of both Hispanics and Asians over the past decennary, cultural minorities will go the new population bulk in the following 30-40 old ages ( U.S. Census Bureau, 2011 ) . Unfortunately, what has non changed is the dismaying high school dropout rate for Hispanics. Since the 1970s, the Latino dropout rate has been systematically among the worst of all population groups, top outing every bit high as 35 % , to a recent depression of 18.3 % in 2008 ( National Center for Education Statistics [ NCES ] , 2010 ) . This rate is more than twice that of African Americans and about three-times higher than Whites and Asians. Although other cultural minority groups have made important advancement over the past three decennaries, Hispanics continue to stay at the really underside of the instruction ladder. The literature cites many grounds for the inordinate Latino dropout rates ( a ) hapless English accomplishments making linguistic communication barriers with instructors and school functionaries ; ( B ) economic factors ; many Latino households live in poorness and need pupils ‘ income ; ( degree Celsius ) fewer function theoretical accounts ensuing in minimum mentoring chances ; ( vitamin D ) challenges linking with instructors ( linguistic communication, civilization, etc. ) which makes pupils experience unwanted and causes them to lose involvement ; ( vitamin E ) big per centum of Spanish americans are migratory workers and hence, a more transeunt population ; and ( degree Fahrenheit ) parents deficiency of engagement in their kids ‘s educational development. Although the articles reviewed in this survey determined that many factors contributed to these hapless consequences, they do n't concentrate on a individual, major cause for the inordinate dropout rates. Alternatively they conclude that all of these elements, or some combination of them, impact Latino pupils ‘ desire to go forth school early. The literature does propose nevertheless that a important, if non the most of import, ground for dropping out is the concluding factor listed above, the absence of Latino parents ‘ engagement in the pupils ‘ larning procedure. Unfortunately, there is non adequate research on why Latino parents are non every bit involved as other groups, so farther analysis is needed. Since this seems to be a less reviewed country, I have decided to look deeper into the issue and research possible grounds why Latino parents do non take part in their kids ‘s schooling. This is an of import subject because household is cardinal to the Latin o civilization. Children are near to their households and to the communities they live in, so more parent engagement can be a important measure in assisting with the keeping of these pupils. Additionally, I believe utilizing the model from Hofstede ‘s Model of Cultural Dimensions for measuring civilizations may assist explicate grounds why Spanish americans are non more involved in their kids ‘s educational activities. More specifically, it appears that the power distance value dimension of national civilization could be a factor that prevents Hispanics from concentrating on instruction to better their place in society. Power distance describes the extent to which less powerful members of a society ( like the household ) accept and expect that power in establishments and organisations is distributed unevenly. This behavior suggests that a civilization ‘s function of inequality is endorsed by both the followings and the leaders. A high evaluation on power distance means that big inequalities of power and wealth exist and are tolerated in the civilization, as in a category or caste system that discourages upward mobility. A bulk of the Hispanics who immig rate to the U.S. to seek work are from Mexico which has a really high evaluation in the power distance cultural dimension. In fact, Mexico is ranked in the top five of high power distance states in the universe ( Robbins & A ; Judge, 2010 ) .Significance of StudyThis issue is important because U.S. demographics are altering dramatically in this state. Hispanics represent one of the fastest turning sections of the population. Harmonizing to the 2010 Census Brief, the Hispanic population was about 50.5 million, which was about 16 % of the overall U.S. population of 308 million ( U.S. Census Bureau, 2011 ) .The figure of Hispanics has grown about 43 % since 2000, and accounted for about 55 % of the entire state ‘s growing during that same ten-year period. This is more than five times the growing rate of the entire population of 9.7 % . If the current tendency continues, the population of the United States will lift to about 438 million in 2050, with Hispanics trebling in size and accounting for most of the state ‘s population growing. At that clip, the Latino population is estimated to be around 127 million or approximately 29 % of the entire U.S. population ( U.S. Census Bureau, 2009 ) . With schools shortly to be overburdened with this enormous growing of Latino pupils, the United States has no pick but to turn to the high school dropout crisis for two major grounds. First of wholly, the economic cost both existent and possible is reeling. Over their life-times, high school dropouts earn about $ 400,000 less, have higher unemployment rates, and poorer wellness than alumnuss. The dropouts from the Class of 2008 alone will be the state more than $ 319 billion in lost rewards and over $ 17 billion in Medicaid and expenditures for uninsured wellness attention over the class of their life-times ( AEE, February 2009 ) . The 2nd ground is the dropout crisis could impact the state ‘s position as a universe world power. With Hispanics and other cultural minority groups going the bulk of the U.S. population in the following two decennaries, the possible exists for an undereducated work force which may non be able to vie in a planetary economic system, particularly with the increased focal point on engineering. The intent of this exploratory survey is to place possible grounds for Latino parents ‘ deficiency of engagement in their kids ‘s acquisition procedure which contributes to excessive high school dropout rates and to besides find if it can be explained by Hofstede ‘s Model of Cultural Dimensions.Reappraisal of the LiteratureThere is no inquiry that pupils play the primary function when doing the determination to drop out of high school, but for the intents of this survey, the chief focal point was on outside influences to the job. Although the major purpose of this paper is to look at grounds for parents ‘ deficiency of engagement in their kids ‘s instruction, the literature exposed different subjects which were grouped into three dropout factors: ( a ) environmental, ( B ) school system, and ( degree Celsius ) parental engagement. These classs will be looked at shortly, but first it is necessary to find if the d ropout rate is every bit high as advertised. Many statistics segregate U.S. born dropouts from foreign born, state of beginning or generational degree. Fry ( â€Å" High School Dropout Ratess, † 2003 ) states that calculating dropout rates for Hispanics is a convoluted procedure because every bit many as 33 % are foreign born, and their states of beginning have much lower rates of secondary school completion than the U.S. As a consequence, many are non academically prepared to come in U.S. high schools, so they struggle and finally drop out, or in some instances ne'er enroll. Furthermore, Fry points out that many of these immigrants have really limited spoken English abilities and most do non derive English eloquence until age 16. By that clip, they are so far behind they face hopeless odds of catching up and either voluntarily bead out, or stop up meeting age restrictions that force them out. In a follow-up survey by Fry ( â€Å" Hispanic Youth Droping out of U.S. Schools, † 2003 ) , he concluded that the sum Hispanic high school dropout rate of 21 % published in 2000, was overstated. This resulted from the chunking together of three subgroups of Latino young persons ( a ) the native Born, ( B ) foreign-born who attend U.S. schools, and ( degree Celsius ) foreign-born who emigrate chiefly for employment and do non inscribe in U.S. schools. When the first two classs are examined individually, the rate becomes 15 % . Although this is well smaller, it is still twice every bit high as the dropout rate for comparable non-Hispanic Whites. Almost all growing in the figure of U.S. teens over the following 20 old ages will be Latino, so it is imperative that this negative tendency is reversed. Despite how the dropout per centums are sliced and diced, the bottom line is if Latino young persons are populating in the United States, irrespective of class, they all need to be co unted towards the overall dropout rate so that the job can be addressed as a whole. The following measure is to look at the subjects that developed in the literature.Environmental Issues that Contribute to the Dropout RateReyes ‘ ( 1993 ) survey followed up on low and high hazard Hispanic high school pupils a twelvemonth after their expected graduation rate. She found that low-risk pupils completed school at a much higher rate than high hazard pupils. She so looked at one of the major grounds that lead to school failure for immature Hispanics ; specifically, their exposure to legion nerve-racking life events which places them at high hazard for dropping out. For illustration, their vicinities may see higher than mean offense rates, unemployment, drugs, packs, adolescent gestations, public assistance dependence, etc. As a consequence, these pupils sometimes have a more hard clip seting to a school environment. This could take to inordinate absenteeism, hooky, and an eventual tr ansportation to dark school or a Graduate Equivalency Diploma plan. The nerve-racking life events besides influence household determinations to relocate which contributes further to the instability of pupil ‘s academic public presentation. Whether traveling out of province or back to their state of beginning, parents relocate kids who are sing behavioural jobs at place or school and take them out of the nerve-racking environment, particularly if the kids get involved with packs or drugs. Unfortunately, it appears that parents ‘ engagement with their kids ‘s instruction, irrespective of environment, could hold been a finding factor as to whether that kid graduated or non. Perreira and Harris ( 2006 ) considered assimilation theories as a possible subscriber to high school dropout rates. The Straight-Line hypothesis predicts cultural differences will decrease over clip as immigrants are acculturated into society. Therefore, the first coevals will hold the highest dropout rates, the 2nd coevals will hold the following highest, and each subsequent coevals will hold less than the old. The Accommodation or Selective Assimilation hypothesis predicts the exact opposite educational flight as the straight-line attack. Harmonizing to this theory, as immigrant young person assimilate with their U.S. Born equals, they lose the protective qualities of cultural cultural norms instilled in them by their parents. As a consequence, this theory predicts that first-generation young person will hold the highest degrees of academic accomplishment and lower dropout rates, whereas second-or higher coevals young person will hold the lowest degrees of academic accomplishment and the highest dropout rates. Consequences of this survey revealed that first-generation Latino immigrants graduated from high school at higher rates than their parents, but these initial additions in educational attainment relation to their parents decreased in the 2nd coevals. By the 3rd and higher coevals, Latino young persons had higher dropout rates than their parents. This determination does non match with straight-line assimilation theory, but alternatively provides strong support for the selective and metameric assimilation hypothesis. Sterns and Glennie ( 2006 ) studied a group of 9th and 10th class dropouts in North Carolina and discovered that Latino pupils have the highest early dropout rate among all cultural groups. The deductions can hold negative effects for persons throughout their lives. On norm, high school dropouts are less likely to be employed than other grownups, have poorer mental and physical wellness, a greater likeliness of perpetrating condemnable Acts of the Apostless, and a higher likeliness of going dependant on public assistance and other authorities plans than people with higher educational attainment. Much of the Hispanics ‘ high dropout rate can be traced to disadvantages in socioeconomic position, household construction, and negative academic experiences. The writers determined the undermentioned grounds for dropping out: ( a ) academic jobs, ( B ) subject, ( degree Celsius ) employment, ( vitamin D ) household issues, ( vitamin E ) transitory life style, and ( degree Fahrenheit ) terra incognita. The job with this survey is â€Å" unknown † ground histories for 58 % of the overall sample. Until these grounds are known, bar plans can non be established to run into pupil demands.School System Related Issues that Contribute to the Dropout RateHarmonizing to Martinez and DeGarmo ( 2004 ) , many school systems around the state are non prepared to turn to the demands of an progressively culturally pluralistic pupil population. As a consequence, Latinos are overrepresented in samples of households at hazard for hapless behavioural and mental wellness jobs, and their dropout rates are three times greater than white non-Latino pupils. Research associating socialization with school success for Latino childs has shown that factors such as recent in-migration and limited English proficiency increase the hazard of dropping out for Hispanic pupils. Latin american parents besides reported more barriers to engagement in their kids ‘s school than non-Latino pare nts. Additionally, Latino parents besides had more trouble assisting with prep and Latino childs reported less handiness of societal support than non-Latino childs. A important determination revealed that academic encouragement by parents and school staff members served as a cardinal protective factor in advancing school success for Latino young persons. In shutting, the writer suggested that instructors and decision makers need to be better equipped to cover with progressively diverse schoolrooms. For illustration, they need to increase their expertness in diverseness, derive entree to culturally inclusive course of study stuffs, and be willing to accommodate standard stuffs when such multicultural course of study is unavailable. More significantly, they need to develop intercession schemes to affect parents and heighten their abilities to advance success for their kids. A survey by Christle, Jolivette, and Nelson ( 2007 ) examined dropout rates in Kentucky high schools utilizing both quantitative and qualitative processs. The findings reflected that attending rates were negatively correlated with dropout rates in this survey. This determination supports the observation that pupils who feel a sense of belonging and connexion with the school are less likely to drop out. Additionally, the cultural background of the pupil organic structure was related to dropout rate in this survey ; the higher the dropout rates, the lower the per centum of white pupils. Furthermore, 46 % of Black and 39 % of Latino pupils attended schools where graduation is non the norm. Teachers are besides an of import beginning of societal capital for pupils. Teachers in low dropout schools showed involvement in the pupils, had sufficient support from decision makers, and made positive relationships a high precedence in the schoolroom. Finally, dropping out of high school is non an unprompted action, but instead a cumulative procedure. Unsuccessful school experiences, such as academic failure, class keeping, absenteeism, behaviour and subject jobs, and transportations from one school to another physique on one another to finally estrange the pupil from school. By placing differences between high schools with high dropout rates and low dropout rates, schools can implement policies and processs to prosecute pupils and ease their success. Rodriguez ( 2008 ) discovered that the Hispanic dropout rate in some big urban countries reached every bit high as 50 % . Looking for a solution, the Governor of Puerto Rico expressed involvement in utilizing a popular hip-hop instrumentalist to turn to the issue of school abandonment. However, he was extremely criticized because of the wordss of the music and the fact that the instrumentalist was a high school dropout himself. However, the of import point of the survey was that the Governor recognized the power and connexion between popular civilization and immature people. Unfortunately, the Numberss of Latino high school alumnuss are non maintaining up with the altering demographics. Therefore, it is clip for originative thoughts such as this one to happen solutions. But what precisely is doing this persistent job? A survey by Valenzuela ( as cited in Rodriguez, 2008 ) , shows there is a correlativity between certain hazard factors and graduation. For illustration, Latinos whose p arents do non complete high school and go to barrio-schools in southern California have a 50 % opportunity of gaining a high school sheepskin. Additionally, more and more school related incidents are being referred to the condemnable justness system and school-level disciplinary processs such as belated policies are lending to the dropout sums. Unfortunately, schools ‘ belated policies lock out pupils who truly necessitate to be in school and sends a message to them that the school does n't desire them at that place. The writer believes utilizing advanced techniques such as hip-hop music to heighten acquisition could maintain marginalized pupils in school. Since traditional methods are non working, it is now clip to look for non-traditional attacks.Parental Involvement Issues that Contribute to the Dropout RateRumberger and Lim ( 2008 ) identified two factors that have a strong bearing on whether pupils graduate from high school ( a ) single features of pupils, and ( B ) insti tutional features of their households, schools, and communities. Within the former class, the writers found that pupil battle both academically and socially and educational outlooks are the most of import determiners for remaining in school. Conversely, high absenteeism and working more than 20 hours per hebdomad correlated to higher dropout rates. The latter class of institutional factors such as household and schools can besides be strong forecasters of graduating or dropping out. Populating with both parents and more household resources resulted in lower dropout rates. More significantly, rearing patterns such as holding high aspirations for their kids, supervising school advancement, and pass oning with the school are strong subscribers to higher graduation rates. This is the type of parental engagement needed to change by reversal the negative tendency of Hispanic dropouts. Stern ( 2004 ) discusses the consequences of the 2002 White House Commission on Educational Excellence for Hispanics appointed by President Bush to assist cut down the high school dropout rate. The committee ‘s study stated that Latino parents were non adequately involved with their kids ‘s instruction. Ironically nevertheless, the support was cut to plans that help Latino parents larn how to acquire connected to the acquisition procedure. The National Council of La Raza ( NCLR ) is disbelieving about the study which they felt offered no substantial recommendations. They besides dispute the averment that Latino parents do non take portion in their child ‘s instruction. However, what NCLR failed to see was the fact that parents may acquire involved, but this does non intend it is effectual battle. You can do a kid make his or her prep, but without the proper aid, that prep may non be right. One of the disposal ‘s enterprises was the â€Å" Yes I Can † ru n. Its web site promoted literacy consciousness for parents. Unfortunately, there were likely merely a little per centum of Latino parents who had entree to computing machines or had some degree of proficiency in utilizing them. Two other points were made in the article to assist better the low dropout rates ( a ) rise teacher outlooks of Hispanics, and ( B ) better instructor preparation. Although raising teacher outlooks and preparation may assist, they are non the job. Teachers can merely make so much in the schoolroom but it is up to the parents to take over one time the childs get place. Without effectual engagement by at least one parent, Latino pupils will go on to fight, lose involvement, and non recognize the importance of instruction until possibly it is excessively late. Nesman ( 2007 ) identified the undermentioned factors as subscribers to student dropout rates: ( a ) pupil attitudes and behaviours, ( B ) household features, ( degree Celsius ) societal environments, ( vitamin D ) school constructions and policies, and ( vitamin E ) employment/career chances. Findingss in this survey revealed that negative interactions with school functionaries and deficiency of support for advancement in school as cardinal to dropping out. Negative interactions includes limited sum of clip or attempt in working with Latino pupils compared to other pupils, looks of low outlooks, and prejudiced subject. Lack of caring among parents, described as limited support and communicating about school, was besides named as a major subscriber to pupils ‘ determinations to drop out. However, pupils were speedy to support households supplying grounds such as long working hours and household state of affairss such as divorce or separation due to migration. The survey besides suggested that a household ‘s deficiency of experience with instruction reduces the sum of support they can supply for kids. On the other manus, the actions of lovingness and supportive grownups were mentioned as intercessions that encouraged pupils to go on seting attempt into school. The writer besides pointed out features of plans that are successful with Latino populations. These include regard for cultural backgrounds, high-quality course of study and staff, tutoring and mentoring with successful and caring function theoretical accounts, household and community engagement, and native linguistic communication support along with English linguistic communication development. Harmonizing to a Pew Research Center study, the biggest ground for the spread between the value Hispanics topographic point on instruction and their aspirations to complete school appears to come from fiscal force per unit area to back up a household ( Lopez, 2009 ) . About 74 % of all 16- to 25-year-old study respondents who cut their instruction abruptly during high school say they did so because they had to back up their households. Other grounds include hapless English accomplishments, a disfavor of school, and a feeling that they do n't necessitate more instruction for the callings they want. When asked why Latinos on norm do non make every bit good as other pupils in school, more respondents in the study incrimination hapless parenting and hapless English accomplishments than blasted hapless instructors. More than 61 % say a major ground is that parents of Latino pupils do non play an active function in assisting their kids win and about 58 % property it to limited English acco mplishments of Latino pupils. These parents do non deliberately disregard their kids, but because most of them ne'er graduated themselves, they do n't cognize how to assist their kids win. This is an country where parent engagement can do a difference. By promoting kids to remain in school alternatively of dropping out to work, Latino households can put in their hereafters instead than settle for short-run pay-offs. Unfortunately, it is a hard pick to do for households populating at or below the poorness degree. A Pew Hispanic Center study, â€Å" Latino Teens Staying in High School: A Challenge for All Generations † ( 2004 ) , stated the national Latino high school dropout rate of 21 % is more than twice the national norm at 10 % . A important ground attributed to the high dropout rate was less than favourable household fortunes and the communities in which they reside. Almost 10 % of Latino teens are non populating with a parent, more than twice the rate for white teens. Parents can frequently be an of import beginning of motive and information that promote high school completion. Merely 51 % of Latino kids have female parents who themselves have finished high school, in comparing to 93 % of white kids. Without a stable place environment and parents who can put a positive illustration or aid with school assignment, these marginalized pupils will go on to stay at a disadvantage compared to their equals. Chrispeels and Rivero ( 2001 ) did an exploratory survey on the consequence of immigrant parents ‘ sense of topographic point in their kids ‘s instruction after they attended a series of parental categories. These parents were given the chance to larn about the American educational system by go toing classs offered by the Parent Institute for Quality Education ( PIQE ) . The first determination from the survey was that parents indicated they had trouble assisting their kids with prep, particularly when the prep was in English. Delgado-Gaitan ( as cited in Chrispeels & A ; Rivero, 2001 ) found in her survey of Latino households that â€Å" parents were intimidated by the linguistic communication barrier posed by an all-English prep course of study. This bullying is a distancing factor in the parent-child relationships, which is important to a supportive system for kids. † Even if parents had the desire to assist, it was non possible because they could non read or un derstand the assignment. Another ground given by parents for non assisting with prep was that many worked, had several other kids, and small clip to help with prep. These working parents were anticipating the after-school plans to help the kids with completion of their prep so that when they got place they did non hold to worry about it. The PIQE classs enabled parents to derive consciousness of the benefits of prep and how they could supervise what the kid is larning. Additionally, parents learned it is of import to learn kids to give precedence to schoolwork and that giving the clip could convey satisfaction and a sense of achievement. The concluding result was increased parental engagement in the kid ‘s instruction, both at place and school. In decision, the survey suggests that it is possible for parents to develop higher degrees of battle with their kids, schools, and instructors. As they learn what is required for success in school, parents can put more specific ends for their kids. Kaplan, Turner, and Badger ( 2007 ) explored grounds for Latino misss ‘ elevated hazard for dropping out of high school. They focused on the relationships between their female parents and friends, academic accomplishment, grade of socialization, household environment, self-esteem, depression and ability to get by with emphasis to find if they had an influence on their attitudes about school. The literature revealed that Hispanic male childs and misss are three times more likely to drop out of high school than white or African American teens. This may ensue from school patterns such as differential intervention, low outlooks, and the school ‘s hapless communicating with parents of Latino teens sing their kids ‘s advancement every bit good as household force per unit areas. Latino misss ‘ perceptual experience of lower instructor support and higher household emphasis resulted in lower self-pride, disfavor of school and higher depression. Furthermore, De Las Fuen tes and Vasquez ( as cited in Kaplan, Turner, & A ; Badger, 2007 ) found that differential degrees of socialization appear to make parent-child struggle which has a peculiarly negative consequence on misss. Girls in peculiar are fearful of displeasing their parents as they try to absorb into American civilization. The consequences of the survey determined that a miss ‘s perceptual experience of mutualness with her female parent affected her attitude toward school. Girls who felt that their female parents were involved, understanding, and antiphonal to them were more likely to bask school and have higher overall classs. Not merely did the research confirm the importance of the mother-daughter relationship and its consequence on school accommodation, but it besides identified the demand to offer parental preparation to further this mutualness, and train instructors to be more cognizant of the effects of civilization. In decision, the literature explored many of the obstructions Latino pupils face in schools today. These barriers affect both their ability and desire to finish high school. There were three common subjects found among the barriers that contributed to the high dropout rates ( a ) environmental factors, ( B ) grounds built-in in the school system itself, and ( degree Celsius ) deficiency of parental engagement in instruction. The last component of parent engagement was looked at more closely to find grounds for deficiency of battle in kids ‘s acquisition procedure, and more significantly, to see if there is a possible connexion to Hofstede ‘s theoretical account of cultural dimensions. The undermentioned list summarizes some illustrations from the literature of Hispanics parents ‘ barriers to engagement in their kids ‘s instruction: trouble supervising pupils ‘ advancement and minimum communicating with the school ; rawness with educational systems ‘ policies and processs ; they do non cognize how to successfully step in since many are non graduates themselves ; unstable place environment and inability to supply positive educational function theoretical account ; trouble assisting kids with prep because of course of study and linguistic communication barriers ; small clip due to economic demand to work longer hours and other kids in the family ; outlooks that after-school plans will help kids with prep ; and different degree of socialization than their kids which can make a parent-child struggle. This list may assist explicate grounds for parents ‘ deficiency of engagement, but they do non reply the deep-seated causes for this type of behaviour. Could this be something immigrants brought with them from the old state and passed on from coevals to coevals? Possibly Hofstede ‘s power distance index from his Model of Cultural Dimensions can assist cast some visible radiation. As stated earlier, power distance measures the distribution of power and wealth between people in a state or civilization and seeks to show the extent to which ordinary citizens submit to authorization. Latin states, such as Mexico, with high power distance values rely on authorization figures to do determinations and clearly separate the functions of authorization figures from those governed. The line between ordinary citizens and those of higher societal position is seldom crossed, and fraternisation between the categories is frowned upon. Since most of the Latino immigrants were portion of the lower socioeconomic degrees in their native state, many may experience they can non alter their position in this state. As a consequence, it is possible they believe they are destined to stay in the same societal category and base on balls this attitude on to their childs. This type of self-fulfilling prognostication can be the major ground why Latino parents do non acquire involved in their kids ‘s educational development. Table 1 displays the grounds for parents ‘ deficiency of engagement and their position when viewed from a Hofstede power distance index lens. Table 1 Reasons for Non-Participation Viewed from Hofestede ‘s Power Distance Index Parents ‘ Reason for Lack of Participation Parents ‘ Point of View When Applying Hofstede ‘s Power Distance Index for Country with High Power Distance Value Trouble supervising pupils ‘ advancement and minimum communicating with school Not our topographic point to inquiry authorization, the disposal will guarantee pupils are having everything they need. Inexperience with educational systems ‘ policies and processs Rules and Torahs are made by the people in charge and they will guarantee schools do the right thing. Do non cognize how to successfully step in because many are non graduates themselves Parents do non prosecute or face, particularly with school functionaries. We understand and accept our function in society. Unstable place environment and inability to supply positive educational function theoretical account Family environment is unstable because of physical separation caused by work or in-migration. It is our fate in life to struggle-it is expected. Trouble assisting kids with prep because of course of study and linguistic communication barriers We can non understand the course of study or linguistic communication, but do non oppugn or inquire for aid. We assume the governments will step in if necessary. Small clip to assist pupils due to the economic demand to work longer hours. Besides many other kids in the family to look after It is more of import for households to take attention of life ‘s basic demands than to be concerned about unrealistic dreams of utilizing instruction to alter our societal position. Expectations that after-school plans will help kids with prep The authorities will take attention of educational demands and anything else they consider of import. They have their function and we have ours which is merely to work and take attention of our households. Parents have different degrees of socialization than their kids which can make a parent-child struggle Our childs are non following the proper ideals. They try to act like Americans, but they are non Americans. Their roots are Latino and they can non feign to be something else. The literature clarified many of the obstructions that Latino pupils have faced in U.S. schools, but there is non adequate accent and research on parental engagement in their kids ‘s educational promotion. This analysis revealed that the Hofstede theoretical account can be applied to this instance, but farther probe is still needed in this country. Possibly a more elaborate scrutiny comparing other facets of parents ‘ behaviour to GLOBE, Hall, or Kluckholn ‘s dimensions will assist impart support to this survey. The U.S. must acquire serious about turn toing the unacceptable Latino high school dropout rate job. During the following coevals, this nationality will go the largest minority group in the state. Without a solid educational foundation, Hispanics will stay in low-wage occupations and at the threshold of the poorness degree. The lone feasible solution to change by reversal this negative tendency is for parents to acquire involved in their kids ‘s instruction. Possibly they need to listen more, aid with prep, and emphasize the importance of instruction more frequently. As evidenced by the research, the actions of caring and back uping grownups encouraged pupils to set forth excess attempt in school. Unfortunately, many Latino parents do non cognize how to acquire involved so possibly it is clip for the authorities to step in. More support for plans such as the Parent Institute for Quality Education ( PIQE ) classs will assist parents derive an apprehension of the importance of in creased engagement in the kid ‘s instruction. By assisting parents develop higher degrees of battle with their kids, schools, and instructors, each wining coevals will larn what is required for success both in school and in life.

Analyzing why difficulties arise in intercultural communications Essay

In analyzing why these difficulties arise in intercultural communications, Sheryl L. Lindsley (assistant professor of communication at California State University, Stanislaus), put forth four layers of intercultural communication in 1999: The first layer is the â€Å"macro-context,† which includes the economic and political situations in which the communications occur. A good example is the domination of Mexico by the U. S. , while at the same time increasing Mexico’s revenue made possible by NAFTA (Jennifer Peltak, n.d. ). Lindsley’s second layer consists of individual competency or incompetence, in regard to bilinguals who are generally the bridges to communication. In terms of intercultural businesses, if the bilinguals harbor their own stereotypes of the other culture, some problems cannot be overcome. The third layer is comprised of communicative behaviors. This is in the perception category; using Mexican/American relations as an example, Lidsley identifies expectations on both sides as a potential problem in negotiating. Mexicans tend to keep conflicts private and save face in public, where Americans have no problem resolving conflict in public, and then acknowledging privately that there are no hard feelings. The fourth layer individual attribution to meaning. In the case of preconceived stereotypes, the listener can misinterpret the speaker’s intent because of the mind set barrier. Messages can be perceived selectively, reinforcing cultural stereotypes. While this information may cast a better light on solving or minimizing obstacles to intercultural communication, if we look on the broader scale of business relations, a critical problem emerges; people, no matter what culture, have become a means to an end rather than an integral and important part of a company. This became very obvious in the 1990’s when more companies went global and acquisitions and mergers occurred. In 1993, Business International published the key factor for international business failure: cultural differences (Charles Gancel, Chilina Hills, 1997). To avoid this problem of collapse of the infrastructure of an international company based on a shift in the balance of power and the inaccessibility of remote teams geographically dispersed, Gancel and Hills recommend three fundamental conditions: 1. Clarifying the objective (the company’s philosophy, protocol and methodology must be clearly understood). 2. Negotiating its implementation (in a complex structure, introduction and implementation of systems does not need to be imposed. Some of the systems can be designed and negotiated by those that will be applying them, incorporating the needs of the culture involved). 3. Accompanying change (managers being trained in intercultural relations, informed of their new culture’s way of communicating and imparting information). Last, nonverbal communication and the method by which information is given are important to note. While Americans and many Europeans have no problems asking for and receiving feedback or suggestions from corroborators, a Chinese or Indian individual would see this practice as a personal affront. This is but one example of cultural differences in the workplace. Management that will be working abroad should have a through knowledge of the culture they are about to enter and work within. Along with this verbal exchange, it is important to understand that certain gestures or even forms of eye contact are offensive or insulting to another culture. In order to get the most from the foreign work force, understanding the culture, even having a coach within the new culture is imperative in order to achieve a smoother transition. While intercultural communications will always have its problems and comical blunders, it need not be so painful. Understanding another culture is, now more than ever, the key to successful negotiations from the individual to the corporate level. Works Cited Brislin, Richard. â€Å"Encouraging depth rather than surface processing about cultural differences through critical incidents and role plays. † Online Readings in Psychology and Culture. Center For Cross Cultural Research, Western Washington University. N. d. , 23 April 2006 http://www. ac. wwu. edu/~culture/brislin. htm Burgess, Guy & Heidi. â€Å"Language Differences. † Conflict Research Consortium, University Of Colorado. 1998 – 2002, 21 April 2005 http://www. colorado. edu/conflict/peace/problem/langdif. htm Gancel, Charles & Hills, Chilina. â€Å"Managing the pitfalls and challenges of intercultural communication. † Communication World. December 1997, 22 April 24, 2006 http://www. findarticles. com/p/articles/mi_m4422/is_n1_v15/ai_20219196 Jones, Anna & Xuan Quach. â€Å"Intercultural Communication: For Students In the Faculty Of Economics and Commerce. † University Of Melbourne. 2004, 22 April 2006 tlu. ecom. unimelb. edu. au/pdfs/intercul_comm. pdf Peltak, Jennifer. â€Å"Intercultural communication problems are best seen via multiple levels. † National Communication Association. N. d. , 23 April 2006 http://www. natcom. org/pubs/CM/cm699. htm.

Creating TV Drama Essay

â€Å"The Public Defenders† – We all know about the lives of top-league lawyers who rake in millions of dollars settling class action suits or representing celebrity clients. We all also realize, somewhere back in our minds that for every high-priced lawyer who’s working to spin celebrity â€Å"Q-ratings† and turn high-profile crimes into high-tax bracket success, there are ten public defenders (PD’s) sweating out in the innards of some state or federal building, working for peanuts to save the dregs of society from an indifferent and often unjust legal system . â€Å"The Public Defenders† chronicles the toll that long hours and short pay take on the personal lives of four PD’s who walk a tightrope of action and suspense while balancing their self-sacrificing professional lives with their all-too-self-absorbed sex lives and driving ambitions. The viewer enters the world of â€Å"The Public Defenders† from the vantage point of the common citizen: first glimpsing the four PD’s in their professional roles. Each episode begins with four short but conflict-heavy â€Å"teasers†Ã¢â‚¬Ëœ representing the beginnings of four distinct, but sometimes interweaving cases. The bulk of each week’s episode is devoted to the resolution of the four cases, by each of the PD’s respectively. In some episodes, a case will be left â€Å"hanging† to be resolved in a later episode or episodes. As in real life, the PD’s will often represent the same client or clients on repeated cases and it is likely that many defendants and clients of the PD’s will become running fixtures as minor characters throughout the series’ entirety. Each of the PD’s: Emmanuel Gonzalez: a young Yale graduate who chose to work in the trenches, student Jonathan Smith: a closet alcoholic, Sara Kentowitz: a compassionate but highly sexual do-gooder, and Joann Bonier: an ambitious but flawed attorney, becomes embroiled with their clients, often in sexual or romantic entanglements and sometimes, events unfold so rapidly and chaotically that the PD’s themselves may cross the lines of legality. The plot-lines for specific episodes are based on showcasing the thin line between subjectivity and objectivity. The scripts will show blatantly that attorneys are anything but neutral when it comes to pushing their cases and working for their clients. Instead they are either emotionally engaged or coldly indifferent form the start of their cases and their professional work shows the degree to which they are personally engaged, invested, and interested in their clients. Ongoing plot-lines which thread through all the episodes will help to flesh out the characters and add a linear narrative dimension to the episodic format. Emmanuel is dealing with the process of a complicated divorce from his wife of 7 years, coupled with a child custody battle while his soon to be ex-wife is dealing with extreme alcoholism. He is also defending a repeat offender on trial for murdering his brother. Sara deals with an abusive husband while defending a 16 year-old being charged with rape. Jonathan is scheduled to go before the disciplinary committee for a hearing followed by an altercation in court, and is currently the sole care-giver for is aging parents. His father is showing symptoms of the early stages of Alzheimer’s. His mother suffers with depression. Joann, who is single, struggles to balance her work-load with the needs of her co-workers and her desire to have a personal life. Each of these over-arching plot lines will continue to spin threads and exert influence over the individual episodes which, as previously mentioned, may or may not resolve individual plot-lines. To allow our targeted viewing audience to connect and identify with the characters, The Public Defender will be filmed in courtrooms, jail cells and in the homes of our characters, giving an in-depth real life feel for the struggles that the characters are dealing with. In stark contrast the â€Å"personal† scenes will be filmed in a romantic idealized style which emphasizes hope and humanity. The sub-text of these visual contrasts is that the shows characters draw their inspiration to keep fighting from their real life relationships and not from law-books or high-flying principles. In fact , The PD’s are willing to subvert principles and even laws to win cases that have moved them or touched them personally because they have to do so to win. The deck is stacked against them: the are over-worked, under-trained, and representing those who are least able to defend themselves. The depth of the real life affects on the characters is intended to attract eductaed audiences of a predominantly mature demographic. The target audience would be compatible with that of â€Å"Law and Order† or â€Å"West Wing. † However, many of the shows minor characters and sub-plots will be devoted to youthful issues and themes which impact younger people, so it hoped that 18-25 year-old college students may also find the show worthy of attention. Crime buffs, â€Å"CSI† fans, and fans of courtroom dramas should also be targeted with advertising and scheduling as much as possible as it is hoped that this demographic will also prove fruitful for â€Å"The Pubic Defenders. † The hook for taking viewers out of the competition’s time-slot is â€Å"The Public Defenders† no-holds-barred romanticism coupled with its no-hold-barred realism: the PD’s love hard, they play to win†¦ but they lose just as often and their clients pay the price. Airing this program will allow the network to not only capture the targeted audience but hold them for each and every episode. It will be the talk of the campus, the office and coffee shops everywhere. Those that miss these episodes will be looking to see when the reruns will be airing.

Entrepreneurship Skills for Engineers Essay Example | Topics and Well Written Essays - 500 words

Entrepreneurship Skills for Engineers - Essay Example Learning-based model minimizes time through a learning loop. The intention of the lecture to engineers and innovators is to preserve resources and make best uses of them while making discoveries. Business plan or business case serves as an executive summary of the highly detailed business plan. It gets an entrepreneur out of the building and tests the concept of the market. A detailed business case envisions benefits over a reasonable period that outweighs costs and risks. The weak business case does not justify moving forward with a comprehensive business plan. It renders it challenging to estimate the return on investment. Commercializing an idea involves building, measuring, and learning. The building is turning ideas into products. Measuring pertains to customers’ response to the products generated. Learning results in the decision made on whether to pivot or persevere. Innovation intersects invention and market insights. In essence, it is the process of changing ideas into products while market insight is identifying customers’ needs in the market. Innovation may also involve improvements on an invented product to improve acceptance in the market. The presenter outlines various steps to the nail it then scales its process. There are five distinct stages. First, nail the pain. Second, nail the solution. The third stage involves nailing the go-to-market strategy. The fourth stage involves nailing the business model. The fifth stage is to scale it. Nailing the pain is identifying the problem and the possible solutions. Nailing the solution is selecting the best solution to the problem. Nailing the go-to-market strategy involves marketing of the idea or product and evaluating the perception of potential customers. The business model has several sections that require an address. It ends at the completion of the business plan. Scaling the business entails knowing the potential competitors and determining the size of the business. Business model canvas has nine  key factors that a business must have.  

Business game modified assignmen Essay Example | Topics and Well Written Essays - 4250 words

Business game modified assignmen - Essay Example This company has gained great praise due to its ability to maintain its name in Europe as a car-manufacturing corporation. The corporation has endeavoured to produce high quality cars by using high technology. The company has also managed to remain stable in the competitive European market. In order to fit in the market, the company created an initiative of assessing its target customers, with the aim of acquiring maximum profits from their business initiative. Effective marketing ensures competitive advantage by appealing to consumer values and preferences (Porter 1985; Porter, 1987). At the commencement of the project, our team embarked on a mission to maximise the company’s profits by weighing the shareholders’ investment. At the end of Round 4, our group had managed to acquire about four percent of the market share inclusive of the City and Large car. Our company is keen to check the profit and losses incurred by VICA. Focus on the workers’ demands is among t he company’s major concerns, which it does in order to develop a rapport between the management and the workers, as well as to keep the company on its toes. The target group of the company’s City car falls below 25 years of age while the Large car is aimed at persons between the ages of 41-55 years. In terms of the City car the vehicle is suitable for short distances and is affordable for young people. On the other hand, the Large car is suitable for older people who need to carry luggage of varying sizes and move over longer distances. The forecast for Round 1 can be summarised in the table on the following page. The table is inclusive of sales, profits and balance. The forecast for the City car stood at 53300b while that of the large car was 40950b. CASH FLOW FORECAST Cash In Cash Out Opening Bank Balance ?500,000,000.00 Sales Income ?1,628,805,750.00 Total Material Cost ?1,211,774,167.50 Total Labour Cost ?47,000,000.00 Total Overheads ?242,508,062.56 Factory Cost ? 650,000,000.00 Automation Expenditure ?17,500,000.00 Tax Payment ?38,392,055.98 Net Interest Payment ?0.00 Bank Balance before Loan -?77,918,536.04 Loan Requested ?200,000,000.001 Closing Bank Balance ?122,081,463.96 Company Performance Round 1 Forecast Model based on production, sales and bank balances pre- and post-loan Production 94,250 Sales ?1,630 m Post-Tax Profit ?86.9 m Bank Balance Before Loan ?- 77 m Bank Balance After Loan ?123 m The process of launching the cars into the European market was a complex task that needed to consider elements of establishing an appropriate pricing model, determining manufacturing capacity, the volume of labourers required, and profit/loss projections based on cost recognition. Strategies for launch included first identifying key market characteristics associated with lifestyle and preferences for small/large cars along with environmental attitudes. Market Share Analysis, Gross Margin and Post-tax Profit Round 1 Overheads Overheads Income Cost Fixed Overheads ?128,958,062.56 Market Promotion ?55,000,000.00 Research & Development ?48,700,000.00 Training Cost ?940,000.00 Total Overheads ?233,598,062.56 Budget capabilities, which maintained oversight related to loan procurement as a failure to include loan capital in the figures, dictated limited production capabilities due to overhead and other associated factors related to economies of scale and capital availability. The first production run for Citzen cars was 53,300 whilst larger cars were to be produced

Law Enforcement Essay Example | Topics and Well Written Essays - 750 words

Law Enforcement - Essay Example There were no payments or training done to these â€Å"drafted† officers. Under these circumstances, the system lacked motivation and eventually lost focus towards administering the very important duty enforcing the law. As a result, policing became more of a reactive event. As the momentum of industrialisation and urbanization increased, new challenges with increased crime forced a radical shift in community policing, thus the beginning of struggles to professionalize the police force with more proactive measures to law enforcement. The 1800’s witnessed the adoption of new technologies with better response times and faster communications. At the dawn of the 20th century, law enforcement had attached within its system more advanced methodological dynamics that incorporated the cooperation of the police agencies with the communities that characterize more of a service attitude never experienced at the beginning. Indeed, police agencies in the United States have evolved to become a highly organized group that strives not only to prevent crime but also serves to preserve citizen’s rights and adhere at all times to maintain professionalism. Under their colonial masters, the police system was in the hands of the sheriff, the constable and the watch. Appointed by the Governor of the colony, county sheriff was the most important law enforcement officer especially in the rural set ups that characterized many areas then. This officer was paid in terms of tasks performed. His duties included collecting taxes, apprehending criminals, appearing in court proceedings and serving subpoenas. Much of their duties concentrated in collecting taxes and so apprehending criminals oftentimes fell in the periphery. In cities, constables and night watch performed more or less the same tasks but with added responsibilities such as reporting fires and eliminating health hazards. As stated above, the activities of these officers were reactive in

The Fifth Amendment Coursework Example | Topics and Well Written Essays - 750 words

The Fifth Amendment - Coursework Example If the government is not limited in this aspect, it will be easy for them to â€Å"force (coerce) people to answer questions that would cause them to look guilty of a crime† (Harr, Hess, and Orthmann 324). The government's limitations on this matter is even emphasized when â€Å"By the middle of the 18th century, English courts began to limit the admissibility of confessions† (Harr, Hess, and Orthmann 326). This is to prevent the occurrences of â€Å"confessions...obtained by any manner, including force or the threat of force† (Harr, Hess, and Orthmann 326). Not limiting the government's ability to how and when it asks questions opens an avenue for abuse and arbitrary actions. How do you feel about police â€Å"encouraging† suspects to talk by threatening or using physical force or otherwise intimidating them? Despite arguments that the ends can justify the means, one has to keep in mind that regardless of the motivation, individual rights should be, first and foremost, protected, because, personally speaking, it cannot be said that a government can protect the rights of a nation if that government is unable to first protect the rights of the individual. I truly cannot see how justice can be served if the foundation of such â€Å"justice† is already unjust. ... s could mean that if done properly, interrogation techniques can do the job already, so there is really no need to apply force or the threat of force. In the rest of the cases, a more diligent police work --- like searching for physical evidences --- could work in areas where interrogation did not provide much help. Does the Miranda decision impede police work? It is said that â€Å"because of [the] Miranda, substantial numbers of criminal convictions are lost each year† and that it â€Å"may be the single most damaging blow to the nation's crime fighting ability in the past half century† (Harr, Hess, and Orthmann 330). However, it is also said that: Miranda...changed the analysis of the Fifth Amendment protection against self- incrimination from a totality of the circumstances test for voluntariness to whether those subjected to a custodial interrogation by police were advised of their rights...[but] Miranda has not completely displaced the due process/voluntariness st andard. (Harr, Hess, and Orthmann 331) Therefore, the Miranda may have made police work tougher, but it does not absolutely impede police work. This is because â€Å"When a Miranda violation cannot be used to support an attack, voluntariness still can† (Harr, Hess, and Orthmann 331). Would a different result occur, given exactly the same circumstances of an interrogation, for what a private security officer could do as opposed to what a city police officer must do? Private security officers such as security guards or even rent-a-cops â€Å"are not required to advise suspects of their Miranda rights† (Harr, Hess, and Orthmann 360). City police officers are required to issue the Miranda warning to â€Å"individuals they had in custody, before questioning them† (Harr, Hess, and Orthmann 331). This could

Demonic Possession and demons Research Paper Example | Topics and Well Written Essays - 1500 words

Demonic Possession and demons - Research Paper Example Definition and Characteristics of Demons and Demonic Possessions The term â€Å"demonic possession† belongs only to one of the two supposed major types of possession states, the other one being those â€Å"occurring within the context of religious experiences† (Ferracuti et al. 525-526). In fact, a possession trance is defined as â€Å"the presence of a single or episodic altered state of consciousness, in which a person’s customary identity is replaced by a new identity attributed to the influence of a spirit or deity† (525). This means that possession is just as simple as a spirit taking over the physical body and directing it. Nevertheless, there may be two major types of possession depending on nature – the pathologic type, which are known as demonic possessions and the ones often depicted in movies as the devil inhabiting bodies of people; and the religious type, which are particularly found in â€Å"ritual ceremonies† (526) and are norm ally characterized as having â€Å"a valid individual and social function† (526). Demonic possessions, due to the fact that they are necessarily pathologic, and physically and mentally damaging, are therefore a more urgent subject for discussion compared to the religious type. These possessions usually last from five minutes to two hours. (527) The possessing agent, or the evil spirit, that is believed to inhabit the physical body of the possessed victim would usually have a number of characteristics. First, they are usually identified as male and are therefore relatively more sexual, aggressive, intense and agitated (527), thus causing these manifestations of behavior in the victim. The agent is also of a different moral character from the possessed (527). In most cases, the possessing agent is believed to cause the victim to vomit, cough and spit and at the same time roar, growl and bark (527). This is perhaps one of the most remarkable characteristics of one possessed by a n evil spirit. The victim also displays â€Å"facial expressions of anger and hate† (527) and would angrily or sarcastically curse God (527). Moreover, the agent is also lucid and clear about its identity and intention as it often states its identity, curses God and expresses â€Å"disgust for the body it had possessed† (527). Lastly, there is usually a rolling of the eyes and a deepening of the voice in the victim (527). Nevertheless, most demonic possessions would usually begin with â€Å"unexplainable nausea and vomiting† and â€Å"constant difficulty in praying† (527). Nevertheless, demonic possession does not happen to everyone but to a chosen select few. What qualities then characterize these people who end up being possessed? One of these qualities is a previous diagnosis and treatment of a psychological disorder or schizophrenia (529). These people are also very much engrossed in paranormal experiences, have complex personalities, and have an impa ired sense of reality (525). Nevertheless, most of these people are believed to have two distinct characteristics from those not possessed: they have â€Å"recurrent depression episodes† and they â€Å"used to belong to ritualistic satanic groups† (528). As these people are possessed, it then follows that the best and most immediate solution is to seek a solution. The solution is usually exorcism or casting out of the demon, as described in the Catholic document Ritual

Smoking or secondhand smoking Research Paper Example | Topics and Well Written Essays - 1500 words

Smoking or secondhand smoking - Research Paper Example This article briefly discusses the merits and demerits of this hypothesis and in the end suggests a method of controlling the rising level of smoking in the United States of America. It shall also briefly touch the history of smoking, the reason why it escalated and why it fell. These previous trends are kept as a focal point in the end when a recommendation for action is presented in the conclusion. Smoking and Its Increasing Prevalence Introduction All over the globe including the U.S.A, there is a rising concern by the medical agencies and public health insitutions in regards to the vice of Smoking. They are calling for Hollywood movies that contain scenes where people are smoking; to be rated as adult or explicit. The concept and reasoning behind this outcry is that enforcing such a rating might end up reducing the number of youth who are exposed to such scenes, within the course of watching a movie, that according to them, is one of the most direct causes for young teens to take up smoking and even that, at an early stage of their lives (Cnossen, 2008). With the help of a scientific consensus conducted by a huge spectrum of professional health organizations that includes the World Health Organization, National Cancer Institute and the United States Centers for Disease Control and Prevention displayed that the films and movies which contain scenes in which the actors are smoking acts as a catalyst in inciting the young people to smoke and is the consistent finding of a dose response relationship, and like in any concern in regards to the public health which is related to a dose response. The single best alternative in order to deal with such a problem is lowering the dose, that recalls the topic of discussion. There needs to be the ratings of adult content for any movies which have use of tobacco and live smoking on screen in it (Eysenck, 2006). Simon Chapman and Matthew C. Farrelly published an essay in the PLoS Medicine. They made four arguments in opposi tion to the change of rating of movies that have smoking scenes to adult. The first and foremost point they suggest is that those researches or studies that show the link between acceptance of smoking by teenagers at an early age and their exposure to movies or film scenes that have smoking in them are not in any way controlled, which means that they are free from any sort of manipulation of numerous other factors for instance alcohol, violence, recreation drug portrayal, coarse language and of course sexual content and also smoking. The next point they presented states, that any claims in regards to the exposure to smoking in the movies resulting in an increasing in smoking prevalence in youth is crudely reductionist, while at the same time blatantly ignoring the huge exposure to such scenarios of smoking littered elsewhere throughout the society. Thirdly they further state that in regards to the classification of movies to adult rating, it is a futile gesture since the children ca n access more of such material by using the more popular medium, the internet. Lastly they say there is a merit of concern over the assumption that in case any cause is felt rational enough, the state itself needs to implement the control censor on any and all the cultural artifacts for instance movies, arts, books and theatre that are present within its’ jurisdiction (Chapman & Farrelly, 2011). Discussion The beliefs which Matthew & Simon’

Independent from England Essay Example | Topics and Well Written Essays - 500 words

Independent from England - Essay Example Primarily, the colonists believed that the existing laws of Great Britain were very much incompatible with and far removed from the needs of the people of the colonial United States. In the Declaration of Independence, it was stated, "He (the king) has refused his Assent to Laws the most wholesome and necessary for the public good" (Ushistory.org, 2007). In all respects, the king was perceived as a promoter of the abnormal tax system, stepping on the backs of the industrious colonists to earn money for Great Britain. As a counter to this, the colonists realized that an autonomous taxation structure, once used for the well being of the people, in support of the local economy, would prohibit Great Britain from taking resources far away from the American colonists, resulting in the consumption suffering greatly in an as yet stronger Great Britain. Secondly, a belief that the king continued to maintain a strong military presence in early America, essentially made the colonists feel as though they were constantly under the threat of military action by the British Army. This perception of the threat is evidently the inspiration behind the passage stating, "He has kept among us, in times of peace, standing armies without the consent of our legislature" (Ushistory.org). While the colonists continued to work on building the foundation of a successful economy for America, Britain did indeed maintain a close military watch over them to ensure that no revolution was brewing and to constantly remind them that the empire could suppress any such revolution. Finally, undue pressure was exerted on the colonists to limit and even suspend their trade of various goods with other nations. With a motive of ensuring that any proceeds from trade of American produce be directly routed to the King of Britain rather than locally distributed among the colonists, the export of certain domestic products such as tobacco to nations willing to

Political Science Assignment Example | Topics and Well Written Essays - 250 words - 4

Political Science - Assignment Example The US foreign policy towards the Middle East was affected such that some of the countries involved in the Arab spring had their relation with the US tightened while others received the freezing of funds offered by the superpower (Ahmari, 2012). For instance, Libya received an arms embargo due to the continued fight by the Libyan air force against the protestants. On the other hand in the case of Egypt, the US praised the leaders for the transition from authoritarian to democratic government. According to Ahmari, the Arab spring brought about positive changes, thus building better relationships between the involved states and their neighbors. Ahmari defines the Arab Liberalism as the required change in the ruling system but is in crisis both culturally and morally. He views it as a threat to the freedom of future in Middle East (Ahmari, 2012). Ahmari feels that the Arab Liberalism is falling since it lacks an ideological plan like that present in Marshall Plan. I agree with Ahmari’s feeling that the Middle East requires a plan to follow in order to restore peace in the region. Lastly, it requires a role model in keeping up with democracy and maintaining peace with Israel as well as the whole of Western states. Arab Spring was meant to liberate citizens in the involved states from the oppressive leadership that dominated in the Middle East

Associate versus baccalaureate degree in nursing Essay Example for Free

Associate versus baccalaureate degree in nursing Essay According to the JAMA Network, registered nurses in the United States are able to receive their basic education in a ADN and BSN program in colleges and universities Although there are a variety of educational programs preparing RNs, some studies have suggested that baccalaureate-prepared nurses are more likely to demonstrate professional behaviors important to patient safety such as problem solving, performance of complex functions, and effective communication. (Educational Levels, n. d) A large number of situations have been reported in the research studies reviewed. No major differences are noted between the cognitive abilities of students in baccalaureate and associate degree programs. (Davis-Martin, 1990, p. 2) Associate degree nurses are able to perform well in technical roles for which they have been prepared, as well as in some leadership roles for which they were not originally prepared. I am a prime example of that associate degree nurse who has been performing in leadership roles over the years this is due to on the job training and attending management courses. Baccalaureate nursing practice incorporates the roles of assessing, critical thinking, communicating, providing care, teaching, and leading. (, 2) As a result of the many changes in health care along with the changing needs of patients, it is necessary for nurses to advance to higher levels of education. Having many years of experience seems to not carry as much value as does the level of education in the nursing world. When I graduated almost 34 years ago from nursing school, the positions held by ADN nurses were more of a charge nurse role. Most of the management positions were held by BSN nurses. As health care systems throughout the world are changing, studies have shown that â€Å"quality patient care hinges on having a well educated nursing workforce; lower mortality rates, (Ed. ). (). The AACN Essentials of Baccalaureate Education for Professional Nursing Practice (Ed. ). : . []. http://dx. doi. org/. Retrieved from Davis-Martin, S. (1990, Jan 1990). Pub Med NLN Pub [Abstract]. NLN Publ, 15-2339: 109-45. http://dx. doi. org/ncbi. nlm. nih. gov/pubmed/2406700 Rosseter, R. J. (n. d). Creating a More Highly Qualified Nursing Workforce [Fact Sheet]. Retrieved from American Association of Colleges of Nursing (AACN) Educational levels of Hospital Nurses. (n. d). JAMA Network. http://dx. doi. org/jama. jamanetwork. comnurse after a quick assessment of the situation made appropriate arrangements for a meal ticket for the family member along with a free parking pass. As a result of the advanced educational knowledge received in her BSN course of study the charge nurse was able to incorporate critical thinking skills, prompt and adequate treatment  of the human response, communication skills along with an holistic approach to health care she was able to minimize a negative outcome for the patient and family member hence solved a situation that could have had far reaching effects. As a result of having a BSN I will be provided with more of an in-depth study in all areas of physical science, research, ethical decision making, leadership, accountability, critical thinking and effective communication. Having the education and knowledge nurses will be able to see the entire picture thus enhancing performance. The BSN nurse is well prepared to meet the demands of today’s ever changing health care systems throughout the world. fewer medication errors, and positive outcomes are all linked to nurses prepared at the baccalaureate and graduate degree levels†. (Rosseter, Para 1). Medical facilities that are applying for their Magnet status are encouraging their ADN nurses to obtain a BSN degree, and are no longer hiring ADN nurses. Prime example my hospital just this month completed our Magnet journey and received qualification status. Due to the increase in online RN to BSN programs,  many nurses fifty years and older are returning to school. I happen to be one of them. There area few situations involving the difference in competency between BSN nurse versus an ADN nurse that I have witnessed. One situation a patient was scheduled for a colonoscopy and was told to arrive at 8:00 am for a 9:00 am procedure. The patient was also given an order from the physician’s office to have labs drawn after her procedure so that upon her next office visit the following week the results will be available. The patient realized at 8:45  am she was not called to the pre- op area. An ADN nurse was in the process of escorting another patient to the discharge area and was confronted by the patient and family who at this point were very angry. The nurse stated â€Å"I have no control of the physician he is always late and besides we are very busy and short staffed today† The BSN nurse who was in charge that day, apologized for the delay of the physician who had an emergency in the outpatient GI clinic and for staff not keeping her and family member informed of the delay. She also went on to ask if the physicians  office had requested anything for her to have while on her visit today, since she lived five hours away and had an office appointment next week. The patient replied â€Å"I have some lab work that he wants me to have before coming to see him next week†. The charge nurse (BSN) called the lab made arrangements and had the patient escorted to the lab in a wheelchair to have labs drawn. Upon her return after being pre-op-ed her physician arrived in 15minutes. During the assessment of the patient it was discovered that the family member was a diabetic.

Influence Of Wwi On The Home Front Australia History Essay

Influence Of Wwi On The Home Front Australia History Essay In this task your first paragraph does not need to be very long. It simply needs to make a general statement about the arguments for and against Federation. You should mention all arguments that you plan to develop in your essay. In this paragraph you should clearly explain your first argument using detailed, accurate information. It should begin with a topic sentence which clearly states the argument you are going to discuss. In this paragraph you should clearly explain your next argument using detailed, accurate information. It should begin with a topic sentence which clearly states the argument you are going to discuss. In this paragraph you should clearly explain your next argument using detailed, accurate information. It should begin with a topic sentence which clearly states the argument you are going to discuss. In this paragraph you should clearly explain your final argument using detailed, accurate information. It should begin with a topic sentence which clearly states the argument you are going to discuss. NB You should have as many paragraphs as you have arguments, followed by your conclusion. A brief paragraph which sums up the arguments for and against Federation, and makes some assessment of them. Vanessa Li 9R The Home Front During the unpredictable First World War, the countries involved were deeply affected in numerous ways, whether from economic issues to the downfall of the nations in general. One of these countries was the relatively unknown southern nation Australia, which served loyally to their mother country (Britain) and was commended on their part. Back on the Home Front in Australia, the influence of World War One and the repercussions were deep, along with the conflict going on overseas. While the all the able men were enlisted to serve in the War, the women and children were left in Australia to carry out daily routine as usual, yet women were a major factor in the Home Front, contributing to the conscription debate and public life in general. Although their usual work role was focused in the home, womens contribution in the workforce increased from 24 percent in 1914 to 37 percent for the following four years, yet this rise was mostly in the areas which women had traditionally worked in, such as clothing, footwear, food and printing but there was also a slight rise in the clerical, teaching and (shop) assistant occupations. Unions were originally hesitant to hire women to replace the mens role in the workforce as they predicted that the outcome would be bleak and undesirable. Also, as women did not fight in the War, they attempted to do as much as they could by earning jobs as stretcher bearers, car drivers and interpreters but the government blatantly refused to a llow this participation yet numerous womens organisations began to become actively involved at this time such as the Australian Womens National League, the Australian Red Cross, the Voluntary Aid Detachment, the Australian Womens Service Corps, the Womens Peace Army and the Womens Christian Temperance Union, which was the most effective organisation by having hotel hours limited in several states. This advancement in womens place in the workforce was a positive effect from the War, as there was no traditional male dominance present which allowed women to establish themselves as workers, bridging the gap between inequality, although the government did not allow women to participate in the War besides nursing, no matter how small the part. In Source 1, a man who has just returned from War is being refused an occupation as a clerk, as the manager is hiring women as their wages are lower. There are mixed messages in this cartoon, as it shows that women are no longer being shunned out of the workforce, but are still being paid less than men, despite the fact that they are doing the same jobs as a man would. From the beginning to the end of the War, the government extended its authority and was creating policies that received mixed reactions as they mostly consisted of revenue-earning schemes to subside the cost of sending the troops overseas, which ultimately affected the daily lives of Australians. Headed by William Morris Hughes, the leader of the Australian Labor Party, one of the major decisions that the government decided to pass was the War Precautions Act which gave the Commonwealth government ultimate power and control with anything related to the War such as passing laws that would have be affecting the Constitution (if the Act had not been approved of previously), raising and introducing new taxes and persecuting citizens that had an association with the enemy country without a fair trial. In 1916, Hughes (who was the Prime Minister at that time) declared a policy of conscription for those who were unwilling or morally opposed to the idea of force-fighting to maintain the strong numbers needed to support the troops overseas, as the current preposition stated that conscription was only allowed for service in Australia and so a referendum was held to decide the future of Australian troops. Many campaigns were organised and carried out, bitterly opposing the other with promises of patriotism and improved moral standards for Hughess side, while the other fought back declaring that the men that the government had sent overseas were condemned to kill and die and consequentially questioning the difference they would make in the War. Ultimately, the referendum failed to achieve its proposed aim, losing by a mere 49-50 percent of the total. But Hughes again declared another referendum in 1917 on the controversial issue and yet was defeated again. The conscription debate was one of the most heated arguments in Australia during World War I, with many opposing the idea of sending the troops into foreign land where they had no aid in their quest, whilst others rejected the notion with patriotism and fighting to establish Australias identity in the world, yet the overall decision was the same for both referendums: conscription was rejected in Australia which saved many troops from death if they were forced to go fight for their country. In Source 2, the figure of Death, the Grim Reaper, is standing over a man who is in his decision whether to vote for conscription or not. This cartoon portrays conscription as a completely undesirable choice, showing that if chosen, the outcome would be something as worse as death itself. It is also a metaphor for the events ahead if conscription was allowed; the troops being killed and if this law was passed. During the War, Australias economy was slightly unstable but not entirely affected; the raw materials found in regional and local areas were of high value yet there was a centralised taxation to compensate for the expensive send-over of the troops, just when there was a boom in the workforce of women. The taxing was also influenced by the need of a stable government and the income tax for workers, which increased the cost of standard living for ordinary Australians with regular staples being overpriced and also the new introduced taxes to cope with as well. The working-class were affected the most, as they believed that they were exploited during the War, working overtime with the anxiety growing for those at War. After the War, the workforce was challenged by the younger generation of men and veterans who had returned that were plagued with psychological/welfare/health problems which consequentially led to the decrease in industrial activity, with the loss of life affecting the work force and the economy altogether. There was also the issue of the infiltration of enemy aliens in Australia, which were the foreign citizens that were currently residing in the country as they were considered as the adversary in the War and were forced into intern camps/ prisons, until they were no longer seen as enemies. This revelation affected mostly the German population in Australia, even those who were trusted and fit in, as they were victimised and imprisoned yet they were seen as the top respected nationality due to their race in the White Australia policy, with the British at the top of the ladder and the Germans following closely by. Any publication or anything German-related that was featured in Australia, including towns and even the German-sounding names, were prohibited. After the War dissipated, the prisoners were released and no longer considered an enemy, yet they retained a hostile attitude towards Australia for the successive years as a minority were deported but many managed to escape persecution. In Source 3, an Australian child is persuading his mother to choose the decision that will not affect the family lifestyle, appealing to all the Australian citizens that numerous families will be incomplete if this preposition was allowed to go ahead. If that particular vote was given the go-ahead, many Australian fathers would be missing from society and consequentially earning many single-families a harder life. Overall, the influence and effect of World War One deeply impacted the Home Front in Australia with the damaging issues of the economy, the positive and negative effects of women in the male-dominated workforce and the hostility to those in Australia who were convicted of fraternising with the enemy. SOURCE 1: Caption: A man who has just returned from War being rejected from employment as womens wages are lower than a mans. Sign: Vacancies for Female Clerks, Wages: 25 shillings Per Week Origin: Cartoon from The Worker, 10 February 1916. Website: http://www.anzacday.org.au/history/ww1/homefront/women.html SOURCE 2: Caption: The Grim Reaper, represented as Death, stands over a man who is voting. Text: The Death Ballot, Polling Day, December 20, VOTE NO, (unintelligible text) Origin: Cartoon from the The Worker, 7 December 1916 Website: http://www.anzacday.org.au/history/ww1/homefront/homefront.html SOURCE 3: Caption: A child is pleading for his mother to vote YES in order not to force his father to War. Text: Australian Nationalists, Married Men are EXEMPT if the Government Proposals are CARRIED, but if they are REJECTED, ALL will have TO GO. VOTE YES MUM, or else theyll take DAD. VOTE YES. Origin: (Unintelligible text in lower left hand corner) Website: http://www.anzacday.org.au/history/ww1/homefront/homefront.html

Analysis of the Bosman Case

Analysis of the Bosman Case The decision of the ECJ in the Bosman case[1] had an extremely significant impact on professional sports within the European Union. As has been pointed out by a number of commentators the decision in Bosman led to an overhaul of the existing transfer rules of club football within Europe. It also had a wider impact on professional sports as a whole as the post-Bosman period witnessed a significant influx of migration of professional athletes within the EU.[2] Within the EU, sport has assumed a special status and forms an integral part of European identity and its culture. The European parliament has coined the term specifity of sports to address the interaction of Community law in the sporting arena and the extent of such an interaction.[3] This interface between sports and community law was first addressed in Welgrave and Koch v Union Cycliste Internationale[4] followed closely by another decision in the case of Dond v Motero.[5] Almost twenty years down the line came the decision in Bosman which clearly elucidated the role of Community law within the sporting arena and in the process reaffirmed and elaborated upon some of the principles discussed in the two above mentioned decisions. The controversy around the Bosman decision stems from the fact that it put an end to the existing transfer process in European football by abolishing player transfer fee system and creating free agency for European footballers. It also brought an end to the existing UEFA Non-National rules. Both the above regulations followed by European clubs were tested against the Community provisions aimed at protection of labour rights and were found wanting. The transfer rules as well as the nationality rule was found to be violative of Article 48 of the Community treaty safeguarding against free movement of labour as well as anti-discriminatory treatment of workers. The significance of the Bosman judgment lies in the fact that it managed to make a significant contribution to the corpus of labour law by emphatically reinstating that sportspersons rights were protected within Community law and also laid down the framework for subsequent judgments which further established the labour rights of pr ofessional sportspersons. The paper will first explain in brief the background in which the Bosman judgment arose. Then paper will delve into the intricacies of the judgment along with some of the most persuasive arguments raised by the parties to the dispute. Then judgment of the court along with the reasoning behind the judgment will be explored. At the outset it has to be mentioned that the paper will only address the issues of transfer rules and nationalily rules which were evaluated on the anvil of Article 48. The ancillary issue of related to Article 85 and Article 86 of the Community treaty would not be addressed. In the next section the paper will explore the extent to which the judgment in Bosmans case contributed in settling the law related to free movement and non discrimination of sportspersons within the EU. In this section of the paper subsequent judgments would also be briefly looked into to describe the establishment and development of the principle of applicability of non discriminatory princ iple within the arena of sports in the EU. Finally the paper will briefly look back at the arguments raised in the Bosman case related to the need for keeping sports outside the ambit of the provisons of Community treaty. In this section existing regulations in England as well as the United States will be looked into to evaluate whether the guidelines laid down in Bosman is in sharp contrast to the sporting regulations existing in those states. Literature Review A Closer Look at the Judgment of Bosman Background and Facts Within the European Union football is played either as an amateur or a professional sport. The structure of professional football comprises of clubs which belong to national associations or federations. The national associations including Belgiums ASBL Union Royale Belge des Societes de Football Association (URBSFA) are members of the Fà ©dà ©ration Internationale de Football Association (FIFA). FIFA is again divided into confederations, UEFA being the confederation which governs football in Europe. As per the rules framed by the URBSFA prior to Bosman case, every player whose contract is expiring must be offered a new Contract by April 26, failing which he is given amateur. The player has the option of accepting or rejecting the contract offer. If the player rejects the contract, he is placed on the compulsory transfer list for a month from 1st may onwards. In this period any club can buy the player from his existing club even without the permission of the existing club by paying certain compensation fee for training which is called transfer fees. On 1st June the period of free transfers begins and in this period a player can be transferred by the mutual agreement of both clubs after the payment of the requisite transfer fees. If the transfer does not take place the clubs are required by URBSFA to offer a contract to the player which is not less than the initial contract of April 26. If this contract is rejected by the player, he is classified as an amateur and has two wait two years to obtain a transfer without the clubs consent. Jean Marc Bosman, player for Belgian club RC Liege, was offered a contract before the expiry of his existing contract which entailed a substantial reduction in his wages, of almost 75%. As a result Bosman refused this new offer and as a consequence was put on the transfer list. During the period of free transfer the French second division club US Dunkerque became interested in employing Bosman. However as per rules for international transfers, the Belgian football association had to pass a transfer certificate to the French football association within a specific time. However in spite of RC Liege and US Dunkerque agreeing upon the amount of transfer fee for a seasons, RC Leige refused to give permission to the Belgian league to pass on the certificate to the French association as they were unsure about the financial solvency of Dunkurque. Thus Bosman was preveted from joining RC liege leading to the initition of a suit in the Court of First Instance in Leige which finally culminated in the landmark decision of ECJ in 1995. Transfer Rules and Article 48 The Courts assuming jurisdiction under Article 177, restated the principle of applicability of Article 48 of the EU Charter to sporting activity as long as there is an the existence of, or the intention to create, an employment relationship. ECJ decided in favour of Bosman and against the respondents namely RC Liege, URBSFA and UEFA. The court ruled on two main issues. Firstly the Court overhauled the existing transfer system by holding that transfer fees for out-of-contract players were illegal and in violation of Article 48 of the EU treaty when the players were moving from one E.U. nation to another. Secondly the court also found nationality clause to be inconsistent with Article 48 and as a result struck it down. Firstly in spite of the arguments raised by the respondents the ECJ found that the right to movement of workers as enshrined under Article 48, which is one of the four fundamental rights guaranteed by the EU charter, was being violated by the existing transfer rules of URBSFA.The Court rejected the contention that transfer rules governs relationship between culbs and does not affect the players. The Court pointed out that transfer fees is a burden which the clubs has to bear and the failure to pay such fees ultimately affects the employment rights of the players.The Court then pointed out that in spite of being contrary to Article 48 the transfer rules could be saved if they could be justified on the grounds of pressing public interest and the principle of proportionality between the means exercised for the objectives sought. However in Court went on to reject the different justifications forwarded by the respondents. The Court found merits in UEFAs goal of maintaining financial and competitive balance but rejected the claim that the transfer rules furthered this object because the existing rules had failed to preserve the level of financial and competitive balance as the rules failed to prevent the richest clubs from securing the best players. The merit of the second justification advanced by respondents regarding UEFAs goall of encouraging the recruitment and training of young talent was also accepted by the Court. However the Court failed to establish the nexus between the transfer system and the achievement of that goal. The Court found no relationship to exist because the amount of a transfer fee is unrelated to the actual cost of training and recruitment, and because receipt of such fees for any particular player is speculative. Finally the argument that transfer fees are acceptable on the grounds that such transfer fees are necessary for clubs to buy players was rejected because the Court o bserved that obstacles to freedom of movement cannot be justified simply on the grounds tat such obstacle was in existence in the past. Finally the Court reaffirmed the opinion of the Advocate general that as alternatives which does not tantamount to an obstacle to freedom of work can be used to achieve the ends sought by the transfer rules and hence the transfer rules has to be struck down. Nationality Principle The ECJ also rules that the 3+2 rule which restricts the employment of footballers of a different EU state is in direct violation of Article 48(2) of the EU treaty which expressly seeks to abolish any discrimination based on nationality between workers of the member states of the EU in relation to employment, remuneration and conditions of work and employment.[6] In this regard the Court further refers to Regulation 1612/68 of the Council which seeks to enforce the provion under Article 48. Finally the court extends this principle of non discrimination to the existing transfer rules by referring to the principle propounded in the Dona case where regulations of sporting bodies were held to fall under this principle of non discrimination. In light of the conflict between the nationality provision of the ransfer rules and Article 48 the Court examines a few possible justifications which can save the nationality rule followed by UEFA. It was argued by the respondents that the nationality rule can be justified on non-economic grounds including maintaining a natural link between the club and the country, the maintenance of a pool of national players and to maintain the competitive equilibrium between the clubs. However the Court referring to the Dona case observed that though non economic objectives may justify the exclusions of certain players in certain fixtures but that principle is not relevant in this case because the 3+2 rule of UEFA applies to all clubs and all matches. Similarly the Court also observed that the nationality rule is not adequate enough to prevent rich clubs from acquiring the richest players. Further the argument regarding the nexus between club and country was also rejected along with the point regarding the maintenance of a pool of national players. Another important point which was argued and rejected by the Court was that the 3+2 rule was developed in cooperation with the Commission and hence should not be struck down. In this case the Court observed that Finally, as regards the argument based on the Commissions participation in the drafting of the 3+2 rule, it must be pointed out that, except where such powers are expressly conferred upon it, the Commission may not give guarantees concerning the compatibility of specific practices with the Treaty Hence if the rule in violation of Article 48 then the fact tht it was made in cooperation with the European Commission will not validate it. Community Law and Principle of Non Discrimination of Foreign Nationals In order to understand the interface between nationality restrictions and its conflict with the EU treaty it is imperative to briefly look into the framework of the EC treaty. Sports per se has not found a place in the present EC treaty, but as has been discussed before, it falls within the competence of EC law when it concerns an economic activity.[7] Article 12 of the EC treaty prohibits discrimination on the grounds of nationality. More specifically discrimination on the basis of nationality of workers is dealt with in Articles 39[8] to 42 of the EC Treaty. However it has to be remembered in this context that the compatibility of a sporting rule with a particular article of the Treaty does not release the rule from the requirement to comply with other Articles of the Treaty.[9] However, the general protection against nationality discrimination can only be invoked in the absence of any specific provision within the treaty. This principle was elucidated in the case of Lehtonen and C astors Canada Dry Namur-Braine v. Federation Royale Belge des Societes de Basketball (FRBSB),[10] where it was observed that Article 39 of the treaty dealing with nationality discrimination of workers will be applicable in the instant case. The Court further observed that Article 12 will only be applicable independently in case of the absence of any specific provision.[11] In light of the above framework of Community law the Lehtonen judgment can be briefly evaluated to determine whether it has also followed the Bosman line and determined whether a sporting rule can be discriminatory within the EC treaty in the absence of objective justification. In Lehtonen different periods of transfers were applicable in the Belgian basketball league of players from Belgian clubs and European clubs. This vires of the transfer rule was challenged to be in violation of the non discriminatory rule enshrined under Article 48. The ECJ observed that Article 48 precludes the application of rules laid down in a Member State by sporting associations which prohibit a basketball club from fielding players from other Member States in matches in the national championship, where they have been transferred after a specified date, if that date is earlier than the date which applies to transfers of players from certain non-member countries, unless objective reasons concerning only sport as such or relating to differences between the position of players from a federation in the European zone and that of players from a federation not in that zone justify such different treatment.[12] In other words the Court followed the line of Bosman and held that Article 48 can act as a threshold which specific sporting regulations have to abide by. However a divergence from the non-discriminatory principle is allowed if they can fulfill the test of objective satisfaction. One more interesting aspect of the non-nationality principle, which has come to the limelight in subsequent cases, is the status of individuals belonging to non-member states who have entered into Cooperative agreements with the EU containing non discriminatory terms in relation to nationality of the members of those states as well as the members of third party states. In the Malaja[13] ruling a Polish basketball player Malaja, challenged the restriction of the French Basketball Federation on the number of foreign players in a club. She based her claim on the basis of an agreement entered by Poland with the EU which ensured non discrimination of Polish workers within the EU. The Council the Etat held that the non-discriminatory principle enshrined in the EU treaty will also be applicable to eastern European states along with Poland who had entered into cooperation treaties with the EU. Another landmark decision in this respect is Kolpak case. Kolpak who was a Slovak national, signed consecutive fixed-term contracts in 1997 and 2000 as a goalkeeper for a second division handball team. However the German Handball Associations imposed a cap on the number of non-EU players who could play in one team. This precluded Kolpak from performing his duties under the employment contract. Kolpak held a valid residence permit in Germany. He took the dispute to the German courts arguing that the agreement between Slovakia and the EU would prevent the Handball association from treating him differentially from other non-EU or German players. The dispute was referred to the ECJ. The Court observed that the agreement with Slovakia did not contain any specific provision safeguarding against anti-discrimination. However the Court compared the agreement with Article 48 of Treaty of Rome and came to the conclusion that the agreement embodied the same principles which have been enshrined u nder Article 48. Hence even in the absence of any specific provision preventing discrimination, the Court held that the principles of non-discrimination established in Bosman can be extended to the present case. However the Court restricted the scope of the non-discriminatory principle by holding that the non-discriminatory principle construed from the agreement will be limited to Slovakian workers already employed in the member states of the EU. The final judgment that has to be mentioned in this regard is the Simutenkov case in which the Courts closely analyzed the Bosman and the Kolpak decisions. The decision of the Court in the Simutenkov mirrored the judgment in Kolpak and extended the principle of non-discrimination to Russian workers employed within the EU. The decision followed Kolpak to the extent that the scope of the non-discrimination principle was restricted to existing workers. In other words it did not bestow a general right on all EU members to circulate freely within the EU. A Closer Look at the Sporting Exception In Bosman, UEFA had argued that sports was always respected within the European Union and owing to the difficulty in extrapolating the economic aspect from football Article 48 should be interpreted in a flexible manner. German Government further emphasized on sports being an expression of European culture and hence should be protected under Article 128 of the Treaty of Rome which seeks to safeguard the national regional diversity of culture. However as has been discussed previously the Court relied on previous ECJ decisions in Walgrave and Dona to determine the extent to which Article 48 of the treaty of Rome can regulate sporting activities. Again as recently as 2006, The ECJ in its decision in Meca-Medina v. Commission[14], reaffirmed the principle of Bosman when they observed that having regard to the objectives of the Community, sport is subject to Community law in so far as it constitutes an economic activity within the meaning of Article 2 However the approach of the Court in this respect has been severely criticized in certain quarters. Commentators have alleged that the Court has in their zeal to extend economic regulations have failed to recognize the specific nature of sports.[15] However a brief look at sporting regulations and the legal restrictions imposed on such sporting rules in US and UK points to the shortcomings of bestowing unfettered power in respect of sporting activities. The transfer system in British football can be traced as far back as the last decade of the 19th century when football clubs started to purchase and sale football players. The concept of transfer fees was in existence even in that period. Even though these rules flagrantly violated the contractual and labour rights of the players, these rules remained in existence throughout the majority of the twentieth century and were justified on the grounds of regulating player mobility and competitive equilibrium. The landmark case of Eastham[16] the retention and transfer system[17] was challenged by George Eastham who wanted to move from Newcastle to Arsenal. However Newcastle simply retained him despite his repeated request for transfers. As a result a writ was filed in the High Court against Newcastle for restraint of trade. Five issues was considered by Judge Wilberforce out of which the one of relevance where whether there was actual restraint of trade and whether such restrain was necessary for the maintenance of the nature of the league or its members. The Court found that Newcastle had indulged in activities which tantamount to restraint of trade. More importantly the Court found that the transfer and retention system was also an unreasonable restraint on trade on the ground that it acted as a barrier to the movement of players even when their contracts have expired unless a transfer fee was paid.[18] As a consequence of the Eastham rulin the retention and transfer system was overhauled and a new system was introduced where a player was free to move from his existing club unless the club offered a contract which atleast equaled the terms of the previous contract between the club and the player. In 1978 further changes were brough about which gave players the right to reject contracts and move to a different club. Further it was provided that in case of a dispute between the new and the former club regarding transfer fee a four member panel will be constituted to determine the amount of transfer fees. Finally the regulations existing in the baseball league in US [MLB] and its interface with different fields of law can be briefly explored. The major contentious issue in American Baseball league was surrounding the reserve list and reserve clause: which raised significant questions regarding players right to movement and free agency. However in the early years of the twentieth century the US legal system was averse to the idea of collective bargaining rights and hence there was a lacuna in the law related to labour rights. Further the Sherman Act, which sought to prevent restraint of trade also provided an exception to the MLB and as a result the employment rights of the players suffered. However the gradual development of collective bargaining culminated into the creation of baseball players association[MLBA] which entered into a collective bargaining agreement with the club owners. The significance of this collective bargaining agreement was that it contained an arbitrational clau se for addressing players grievances. On the basis of this collective bargaining agreement, arbitration proceedings were initiated inNational American League Professional Baseball Clubs v. MLBPA[19] where baseballs reserve system was challenged. The arbitrator found in favour of the players. However the true significance of the judgment lies in the fact that the arbitrator held that though it was possible to negotiate a reserve system which contained the option of continuous renewal, however the option clause was not implied into the contract and had to be bargained for. In other words the arbitrator laid down that the though the reserve system cannot be overhauled, however the incorporation of such a clause in player contract cannot be implied. The presence or absence of such a provision will be decided on the basis of collective bargaining between the parties. This was also affirmed by the [1] Union Royale Beige des Societes de Football Assn ASBL v.Bosman, 1995 E.C.R. 1-4921, 1 C.M.L.R. 645 (1995 [2] [3] [4] [1974] ECR 1405 [5] [1976] 2 C.M.L.R. at 587 [6] [7] [8] [9] [10] [11] [12] [13] [14] Meca Medina v. Commission, 2006 E.C.R. I-6991 [15] It has been argued that players have been treated as mere factors of production and the link of sports with the culture and identity of the Community have been overlooked. Further it has been suggested that one of the primary shortcomings of Article 6 dealing with discrimination in general and Section 48 dealing with discrimination against workers is that these two article fail to recognize this important characteristic of sports. [16] Eastham v. Newcastle United Football Club, Ltd., 1964 Ch. 413, 419. [17] Prior to the Eastham case this system existed in England where a club could virtually retain control over a player even after the expiry of a contract by withholding his player registration. A player could not move until the registration documents were released by the club which was usually done on the payment of a transfer fees. [18] [19] 66 Lab. Arb. Rep. (BNA) 101 (1975) (Seitz, Arb.).