Monday, September 30, 2019

Education Is the Most Powerful Weapon Which You Can Use

Education is that plan that will improve living. Abraham Moscow said, Self actualization is the ultimate goal that man desires , then. Education is the best way to transform one s life. Discovering who you are. Breaks all form of depression, anxiety and low self-esteem. It gives you that hope to keep pushing on, knowing you will become a medical doctor. Astronaut, leaver. President, banker and so on, There are many problems in our world today, we as youth need to break Out Of Our shell, move away from Our comfort zone and bring Out that wonderful idea. Rite great books, Sing songs, invent devices that will be a blessing to mankind. True education ignites one s spirit to bring a positive change. Even Nelson Mandela knew the importance Of education that Why he Said, education is the most powerful weapon which you can use to change the world . Imagine if Mandela had no education, would he be able to change his country. In a country like ours where there are many cultural and tribal dive rsities, education is the connecting factor.Education in Nigeria is in a state of dilemma, strike by teachers and lecturers, poor facilities In our schools. This has made many youths to use their potentials for wrong purposes. O switch on your TV and radio set. Sad news Is what s see and hear, youths involved In arm robbery, oil There s always way out, we all have a parts to play, to end this consternating problems. The youths, governments, parent's. Reels. Us leaders, teachers and lecturers. Parent's should support the youths in their choc. E of career or what they love doing. The Nigerian government needs to make policies, provide funds and facilities that will revive the poor state of our education system. All teachers should be passionate in their job and keep all selfish desires away. We the youths have the biggest part to play, we should take all opportunity to learn, so as to use our potentials to create a positive change. In conclusion. Education is what we all need as youth s to improve on yourselves. Create ideas, and boost your talents. Learn new things.Remember that your potential is for positivist and not negativity. It all in your hands. Stay positive, dream big, be creative, be original. Be yourself. Use what you learn everyday as a tool to change your society, Nigeria and the world. Education Is the Most Powerful Weapon Which You Can Use to Change the Worldliness Mandela By Kamikaze From time past till now, man has always searched for some form of knowledge and skill.He has observed his environment, seen problems and improve his world. People say, education is the key to success , be it formal or informal. Changing the world is never an easy Job, but it all begins with that little step you take. Education comes from observation; you see a problem as an Abraham Moscow said, Self actualization is the ultimate goal that man desires , then, education is the best way to transform one s life. Discovering who you are, breaks all pushing on, knowing you will become a medical doctor, astronaut, lawyer, president, banker and so on.There are many problems in our world today, we as youth need to break out of our shell, move away from our comfort zone and bring out that wonderful idea, write great books, sing songs, invent devices that will be a blessing to Mandela knew the importance of education that why he Said, education is the most in Nigeria is in a state of dilemma, strike by teachers and lecturers, poor facilities in you switch on your TV and radio set, sad news is what is see and hear, youths involved in arm robbery, oil theft,terrorism,prostitution,fraud.There is always way governments, parent's, religious leaders, teachers and lecturers. Parent's should support the youths in their choice of career or what they love doing, the Nigerian poor state of our education system. All teachers should be passionate in their Job change. In conclusion, education is what we all need as youths to improve on yourselves, create ideas, and boo st your talents. Learn new things. Remember that dream big, be creative, be original, be yourself. Use what you learn everyday as a tool

Sunday, September 29, 2019

History of National Wildlife Federation

The National Wildlife Federation was founded in 1936 by editorial cartoonist J.N. Darling. It was founded when President D. Roosevelt convened the first North American Wildlife Conference to stimulate public interest in America's land, water and natural resources. After that the General Wildlife Federation (later changed to the National Wildlife Federation) was founded. It is the nation's largest member-supported conservation group, with over 4 million members and supporters and 46 state affiliate organizations. The NWF unites many individuals, organizations, businesses and government agencies to protect wildlife, places, and the environment that we all depend on. Through many of their field offices they educate, assist and inspire people from all over to conserve wildlife and other natural resources and protect the Earth's environment in order to achieve a peaceful and sustainable future. Sixty-three years after being founded, the NWF's primary focus remains education. They provide many book's, magazines and nature programs that provide information to children and their families to bring them closer to nature and show them how to protect it. They provide many tools for individuals to conserve as much as they can at home, on campus, and in everything that they do. They also work with America's lawmakers, political leaders, business leaders and activists about environmental problems and work with them to find effective, common sense solutions. The NWF offers environmental education programs in communities, in the outdoors, and in the classroom: The Backyard Wildlife Habitat program aids and encourages landscaping with the needs of wildlife and the health of the environment in mind. Through this the NWF has certified over 20,000 properties worldwide. NWF's Campus Ecology program helps students, faculty and administrators obtain resources, tools and consultation to facilitate the establishment of campus-based conservation projects and help develop the next generation of environmental leaders. Youth and Teen Programs offer young teens and adults a chance to study about nature, learn outdoor skills and gain environmental knowledge. Nature Link program increases public awareness and appreciation of the outdoors by providing families with weekend excursions centered on environmental conservation. Conservation Summits are the NWF's outdoor adventure and education experience group. People of all ages can immerse themselves into many destinations through field trips, classes, special presentations and daily youth programs. NWF's Animal Tracks program offers online and printed conservation education materials geared for grades K-8 to assist teachers in instructing children about the environment and how to care for it. NWF's National Wildlife Week program brings free conservation materials to more than 620,000 teachers who reach more than 20 million students. It also provides information through its magazines, television and movie productions and it's World Wide Web Homepage. Some of the specific activist projects include the following: – Fertility on the Brink: Toxic Pollution Prevention – Wetlands Threats Education Materials At this moment some of the projects that the NWF is working on include: Â · Restoring strong protections for endangered sea turtles killed in shrimp trawl nets. Â · Give citizens the power to nominate specific rivers, lakes or coastal waters as Outstanding National Resource Waters to protect special waters in their communities. Â · Sources of polluted runoff water and airborne toxins should be allowed to design and obtain approval of site specific plans that are most cost efficient for that source. Â · Toxic chemicals linked to hazardous health effects must be phased out. Â · Conduct more research on the reason why amphibian populations are experiencing gross deformations, rapid population decline and sometimes complete extinction in even the most untouched ecosystems.

Saturday, September 28, 2019

Has technology made us lazier Essay Example | Topics and Well Written Essays - 2000 words

Has technology made us lazier - Essay Example New age technology which we apprehend in the twenty-first century, has completely changed the way we perceive life. Not only is life much simpler in certain aspects, but life now has a marked demeanour which was completely unconceivable even a 100 years back. One very important and very perceivable wonder that technology has achieved in recent times is the envisaging of globalisation, where the world has visibly shrunk, in terms other than referring to the earth’s size. Today technology, in a literal sense, has managed to place the entire world within the palms of a human hand. This is however just the glorious part in the chapter on technology, and a closer look will reveal that the entire story is not so rosy, after all. There is also a darker vista that remains hidden behind all the pomp and glory that is typically portrayed, a dark facet that shows a technology dependent human mind becoming useless. Too much reliance on technology also tends to make man lazier, thus he becomes physically incompetent too, and which is now quite prominent in the rising cases of child and adult obesity problems, that we see all around us. So we stand at a crossroad, where we will have to decide and the take the reins of our future into our own hands. We will have to take decision as to whether technology should be allowed to take over our lives, completely. This article will examine both the positive and negative effects of technology on our lives, and will discuss what our future will looks like if indeed we allow technology to become our master. It will explore the possibilities as to whether technology is actually making us suffer from obesity, both mentally and physically. A brief history of technology: â€Å"From the beginnings of human society on earth, human beings have struggled to survive and flourish, and they have used technology as an aid in the struggle† (Ferkiss, 1993, 1). The first man made technological

Friday, September 27, 2019

The Beatles Essay Example | Topics and Well Written Essays - 500 words - 1

The Beatles - Essay Example The musical band’s increasingly stylish experimentation included a variety of genre covering folk-rock, baroque pop, Hindustani music and avant-garde music. Coming out as a skiffle group, the group first embraced the 1950s rock and roll and helped them pioneer the Merseybeat genre and their music style eventually started to expand to include a broad variety of pop music. Although the song â€Å"Yesterday† was not the first pop record to use orchestral strings, it arguably marked the group’s first recorded use of classical elements. The group continued to experiment on a series of arrangements to various effects. For instance, â€Å"She is Leaving Home† its word and music are filled with recorded musical melodrama. The innovativeness never seemed to stop for the Beatles. For instance, the songs â€Å"I Am the Walrus† and â€Å"Lucy in the Sky with Diamonds: which has much influence of Indian classical music (Everett & Walter, pp. 45). The introducti on of the recorded music from the various instrument and the change of the fast beats to rather something sensational brought the change to the dancing style of the pop music. It became rather a piece of music to be listened to rather than be danced to. These are some of the variations of the music that was as a result of the Beatles constant innovation with experimentation using various ways of doing pop music. The Fab Four, while doing some of the concerts with their new genre of music such as â€Å"Revolver†.

Thursday, September 26, 2019

Articles summary and critique Essay Example | Topics and Well Written Essays - 1000 words

Articles summary and critique - Essay Example Therefore, there is need for the provision of essential training in order to enable maximum efficiency and speedy delivery. Furthermore, through eradicating pace in slow working will be to the advantage of the employer and employee. Reason being, it will lead to increased outputs for both men and the machine. With regard to clear facts, the existence of maximum prosperity depends on employees’ daily attendance. However, the main causes of men deliberately underperforming results from fallacies, faulty management system, and inefficient rule-of thumb method. The old management systems emphasized on allocation of final responsibility to workers with minimal advice and help. However, according to scientific laws, the management ought to be tasked with the responsibility of overseeing operations of a company. Consequently, this motivates the worker to perform their roles much better than they would have done. Beneath the management of incentive and initiatives, the entire problem associated with management is up to the worker. On the other hand, within the context of scientific management part of the problem is up to the management. The purpose of the study was to present the fundamental aspects involved in scientific management. The author’s point of argument is that the main purpose of management is safeguarding the maximum prosperity for both the employers and employees. Furthermore, the author asserts that maximum prosperity for both the workers and the employers should be the leading factors of management. In addition, the author believes that even though disagreements between employers and employees are rampant (due to the existing perception that the two factions cannot unit) he is confident that the two are the same. Therefore, they need each other for prosperity of both employees and employers. Lastly, the writer purports that within the management context problems experiences involves the worker while under scientific

Wednesday, September 25, 2019

Renewable Technology (Report) Assignment Example | Topics and Well Written Essays - 750 words

Renewable Technology (Report) - Assignment Example utilized straightforwardly for warming and lighting homes and different structures, for producing power, and for boiling point water warming, sun powered cooling, and an assortment of business and streamlined employments (Boyle, 2012). This is without uncertainty standout amongst the most critical issues confronting the substantial scale reception of renewable vitality advances into electrical frameworks. For every innovation we evaluate we must note that there are two vital expenses to think about. One is the immediate expense of embracing that innovation i.e. the expense of setting up the plant, purchasing the area, and so on. Alternate is the shrouded expense of the framework ecological contamination, uprooting, and so on. We can see why this separation of expenses is so essential. Private vitality makers specifically and vitality makers when all is said in done just give careful consideration to the first cost (on the grounds that clearly their benefits rely on it). Recognizing this it has been generally demonstrated that starting now wind vitality, little hydropower, and biomass are acknowledged to be similar or practically tantamount to accepted vitality advances in the slender investment sense and maybe considerably less expensive acknowledging whole life-cycles. Considering shrouded expenses there is doubtlessly these advances are far better choices than traditional vitality innovations. It is broadly accepted that in a couple of years some of these advances – particularly wind force, could be better than customary vitality innovations in even the restricted budgetary sense. At present sun powered vitality is not set back for the finances practically identical in the limited investment sense. However there is trust that this could be cost practically identical in a couple of year’s time with new innovative improvements. Recognizing the boundless potential of this innovation (particularly since India gets a ton of daylight) it is normal that

Tuesday, September 24, 2019

Lab report 3 Example | Topics and Well Written Essays - 3000 words

3 - Lab Report Example Studies have shown a generally low bioavailability and stability of oral catechins in humans. Nanoparticle-mediated delivery techniques of EGCG and TF have been found to improve their bioavailability to a level that would benefit their effectiveness as chemopreventives. The present study was conducted to compare the effects of theaflavins and EGCG, when used in the bulk form and in the biopolymer (polylactide-co-glycolide)-based nanoparticle form, on oxaliplatin- and satraplatin-treated lymphocytes from colorectal cancer patients and healthy volunteers. The results of DNA damage measurements by comet assay revealed opposite trends in bulk and nanoparticle forms of TF as well as EGCG. Both the compounds in the bulk form produced stastically significant concentration-dependent reductions in DNA damage in oxaliplatin- or satraplatin-treated lymphocytes. In contrast to this, when used in the nanoparticle form both TF and EGCG caused a concentration-dependent increase in DNA damage in the lymphocytes. The maximum increase noted with TF was around 2.5-fold. The reverse activities exhibited by the two forms, namely bulk- and nanoparticle forms, of TF as well as EGCG support the notion that TF and EGCG act as both antioxidant and pro-oxidant, depending on the form in which they are administered. In the bulk form, the compounds likely act as antioxidants, which was observed as a decrease in the DNA damage measured as Olive Tail Moment in the comet assays. It is also our hypothesis that, changing their mode of action in the nanoparticle form, both TF and EGCG act as pro-oxidants, and cause an increase in the DNA damage. Introduction One of the major causes of cancer development is oxidative stress. Oxidative stress leads to the cellular redox imbalance that has been observed in various cancer cells as compared to normal cells (Valko et al., 2006). Tissue homeostasis is disrupted when the balance between cell growth and apoptosis (cell death) is lost provoking uncontrolle d cell growth that results in cancer. Oxidative stress, which is prevalent in the tumour micro-environment, can affect the apoptotic potential of tumour cells. It can also affect many functions in cancer cells, including cell proliferation, promotion of mutations and genetic instability, modification of cellular sensitivity to anticancer compounds, invasion, and metastasis (Kumar et al., 2008). Reactive oxygen species (ROS) such as hydroxyl radicals, peroxides and superoxides, nitric oxide (NO') and peroxynitrite (ONOO-) that are generated in a normal cell both endogenously (by mitochondria, through metabolic processes, inflammation etc.) and via external sources, play a vital role in regulating several biological phenomena (Barzilai et al., 2002; Hussain et al, 2003). An excessive production of ROS or an inadequate anti-oxidant defense system, or both, in a normal cell can produce oxidative stress leading to DNA damage, and, further, induce an increased mutation rate and tumour dev elopment, possibly through a preferential selection of tumour cell mutations that confer a growth advantage (Sotgia et al., 2011). There is much evidence to show that oxidative stress plays an important role in the molecular mechanism of colorectal cancer (Keshavarzian et al., 1992; Bartsch et al., 2002). Free radicals formed during the metabolic activation of environmental genotoxic agents have been

Monday, September 23, 2019

2011 Occupy Wall Street Movement Research Paper

2011 Occupy Wall Street Movement - Research Paper Example It raised questions about the humanity of the people at the helm of affairs and also questioned the political will of the nation’s system of governance whereby the sincerity of the nation’s political establishment in creating a certain amount of parity within the population is rendered suspect. There are other aspects of this movement and the government’s response that need to be looked into. Apart from not offering any tax sops to the common man and talks of doing away with tax-cuts that were offered during the Bush-era, the government had fuelled the anger of the common man. The brutalities that were carried out upon the protestors by the police came out in the open only due to the work of independent cameramen who were not associated with any news agency. The incidents that occurred during the movement thus bring to light the role of the media as well in the success or failure of such movements. The movement is described by itself as being the result of a series of movements that supports democracy. These, the movement claims, includes the uprisings in Tunisia and Egypt where the common man protested against the marginalization of a majority of the population for the purpose of the welfare of the minority that constituted the ruling elite (Occupy Wall Street : The Revolution Continues Worldwide, n.d.). Having this as a moral backing definitely provides a cushion for the movement in terms of the support that it would be able to gather at an international level. There is thus an element of diplomatic support that the supporters of the movement expected to get through their efforts for an equitable society in which everybody would be provided with equal opportunities. In the absence of this, people would live lives whereby their work would be used for the benefit of others and not themselves. Apart from the moral degeneracy of this position, there is also the fact of its unsus tainability from an economic point of view that needs to be looked

Sunday, September 22, 2019

How Internal and External Forces Affect Organizational Behavior Essay Example for Free

How Internal and External Forces Affect Organizational Behavior Essay Analyze how internal and External Forces Affect Organizational Behavior Examples of Internal and External Forces Include the Following: Competition: Some Chief Executive Officers when trying to build a high performance work culture will use a strategy that pits one employee against another employee to form a competition between the two. Methods such as these may entice employees to work harder, but sometimes these tactics will backfire and undermine employee cooperation. In-house internal competition does sound logical to many managers, employ the best people and evaluate them on regular intervals with sound measures. Then rank them from best to worst, unload the worst then praise the best, and shower them with money, and promotions while devoting enough attention to the rest of them so that they will not leave, and keep working hard. â€Å"The rhetoric of competition is appealing in our individualistic sports-oriented society, and we revere executives who talk about tough competition, survival of the fittest and the virtues of winning.† Past-news Organizational-Behavior-The-Enemy-Next-Door http://www.cioinsight.com The economy: Hiring practices have changed dramatically over the years. Quality individuals are being employed, and immediately they are trained for positions within the organization. Companies are investing in low or unskilled workers and training them at company expense. In the past this has been a warning sign to businesses. As the economy rises, organizations are coerced to hire worker who are less experienced. This means that there is a loss of productivity. However, salary increases have remained the same at an increase of1.8%, down from the 3% in 1998. â€Å"Productivity, which should have been much lower, has proceeded at 2% annually. Part of the explanation for this unprecedented trend seems to be the investment of companies into equipment. Technology has become so accessible that unskilled workers, bolstered by new technology, can be many times more productive† Retrieved from Business Week Online June 10th, 2011 â€Å"The Economy’s Rising Tide,† by David Leonhardt, and Laura Cohn http://www.associatedcontent.com/article/1139/organizationalbehavior

Saturday, September 21, 2019

Human Factors Engineering †Geriatrics Essay Example for Free

Human Factors Engineering – Geriatrics Essay Professionals in gerontology and geriatrics estimate that by the middle of the 21st century, more than 60 million of people in the United States will be older than 65. Many of these people will cross the 85-age-line (Schulz, 2007). In this context, old people do not simply live longer, but remain active and productive and strive to preserve their individual independence even in older age. Obviously, these demographic shifts are extremely challenging to society. As long as the process of aging is associated with biological, psychological, physiological, and cognitive changes, older people face a whole set of issues, when trying to preserve stability of their links with the real-world environments. These are often impossible without using technologies. Human factors engineering is expected to make valuable contribution in geriatrics, making aging population less vulnerable to the abovementioned changes, and enhancing the quality of life among older adults. As a multidisciplinary science, human factors engineering is about numerous issues, but in this work special attention will be given to home and work activities (social aspects of human factors engineering), as well as the problems older people may experience with vision and hearing (individual aspects of human factors engineering). To begin with, â€Å"human factors engineering is the study of human beings and their interactions with products, environments, and equipment in the performance of tasks and activities† (Schulz, 2007). It is a multidisciplinary field in that it encompasses the disciplines of psychology, physiology, engineering, biomechanics, and computer science. Regardless of whether in aging, in pediatrics, or in adulthood, human factors engineering seeks to identify specific human capabilities, their limitations associated with age, the impact of these limitations on individuals’ interactions with the real-world environments, and the ways of improving these interactions. When it comes to geriatrics as the science of aging, human factors engineering is to address the four essential aspects, which actually shape an older person’s reality: work, home, transportation, and product design (Schulz, 2007). Some authors also include communication, safety and security, and leisure into the list of critical human factors engineering elements in aging (Czaja, 1990). Certainly, home and home activities present the greatest challenges to older people. Against a common belief, many older people live alone and have to cope (or even to fight) with a whole set of home activities. Apart from living alone, many older people are likely to spend most of their time at home, and many of them will also face a difficulty in performing even simple tasks like bathing, cooking, washing, cleaning, etc. The most common home traumas include falls, burns (e. g. from cooking), and poisoning from gases and vapors (Czaja, 1990). Given that to live alone for older people means to preserve their individuality, and that performing their home tasks without external assistance works to enhance their self-esteem, several technological and social solutions can help older people cope with these challenges. First of all, appropriate home design may substantially reduce the risk of traumas; convenient stairways, better lighting, handrails – all these can successfully remedy human factors issues in geriatrics (Schulz, 2007). Second, when it comes to household chores, a range of in-home services including delivered meals and home health visits can â€Å"extend the ability of the elderly to live independently† (Czaja, 1990). However, older people’s striving to independence is not limited to home activities. Work remains one of the critical factors of social and individual success later in life. Objectively, and in the light of the current demographic trends, businesses are no longer able to design work environments in a way that fits both younger and older workers; â€Å"clearly, most businesses and industries now need to develop strategies to accommodate an aging workforce† (Schulz, 2007). In this context, the two essential individual factors of aging come into place. First, business owners face a challenge of compensating for age-related visual deficits. Second, they are also bound to comply and cope with hearing issues in older workers. These two aspects are fairly regarded as the two most important human engineering factors of aging (Charness Schaie, 2003). It is difficult to deny the fact that the changes in peripheral vision, color perceptions, motion perceptions, as well as anatomical changes in hearing, the loss of frequency and intensity of sound perceptions, as well as distorted sound localization may significantly reduce and even discriminate against the older worker’s desire and ability to work. At the same time, more and more older people remain in the workforce; many of them undertake part-time jobs. Not only does work help older people preserve their individuality and independence, but it also relieves the social and unemployment burden at the state and federal levels (Czaja, 1990). That is why businesses do not have any other choice but to seek effective human factors engineering solutions to cope with the discussed issues. Unfortunately, although the amount of information about aging is affluent, the data on the implications of aging for work is rather scarce. Generally, books on human factors engineering refer to ergonomic considerations (better workplace design, accommodation, and possible use of assistive technologies), equipment redesign, and possible training needs (Schulz, 2007). These, however, do not address such factors of aging in work environments as absenteeism and turnover (Czaja, 1990). As a result, when it comes to work environments, jobs for older people should be designed to help them preserve their productivity and remain a part of the workforce, even when the need to be absent from work arises. For example, the use of computer technologies could help older people take jobs that do not require leaving their homes. When it comes to vision and hearing issues, a range of information processing computer software could be utilized to enhance the quality of older people’s interactions with the real world (Charness Schaie, 2003). In similar ways, technology can be successfully used to help older people train their memory, cognitive skills, and attention. For example, older people can be trained to use computer technologies as a part of their attention and memory improvement strategies. Similar recommendations can also cover the areas of communication, transportation, and leisure. Unfortunately, professional human factors engineering research is only at the initial stage of its evolution, and whether older people are given a chance to participate in the major life activities also depends on how well human factors engineering professionals will perform in terms of empirical and practical research. Also, how well businesses and authorities use and implement recommendations and requirements presented as a result of human factors engineering research will predetermine older’ people success in socialization, work, communication and other life activities. Conclusion Human factors engineering is a multidisciplinary science that studies the ways in which humans interact with different environments. When it comes to geriatrics, human factors engineering is expected to study older people’s work and personal capabilities, their limitations, and the ways of addressing and overcoming them. Given that more and more older people live alone and strive to keep their jobs as a matter of better self-esteem and independence, many of them may face serious challenges associated with inevitable physiological biological, cognitive, and mechanical changes. Although the data regarding possible human factors solutions is rather limited, it is very probable that the nearest decade will give older people broader opportunities for self-realization in various social domains, from work to leisure and communication.

Friday, September 20, 2019

Health Care Access for Maori and non-Maori

Health Care Access for Maori and non-Maori Health care access and opportunities for Maori and non-Maori   Assessment 1 individual INTRODUCTION It can be said that; ‘Of all form of inequality, inequalities in health care the most inhuman of all’. This assessment is concerned with social, economic, political and historical factors which contributed to health status of Maori and non-Maori. Inequalities and disparities in health status comes are considerable. So there is a dramatic difference between Maori and non-Maori health status due to many reasons such as poor nutrition, lowest income, inappropriate education system, culture, language, loss of lands, unhygienic foods and many more. The recommendation in this assignment focus on different factors related to health of Maori and non-Maori people. In which to identify the biggest causes the poor health status and better understand the casual path linking of social, political, economic and historical factors. There is wide disparities in health exist among people in New Zealand. Treaty of Waitangi The treaty established a British governor of New Zealand, which recognised Maori ownership of their lands and other properties. The treaty of Waitangi is first signed in 6th February 1840 by British crown. Around 530-540 chiefs, at least 13 of them women, signed the treaty of Waitangi. The English and Maori version of treaty different, so there is no consensus .the Maori believed they ceded to the crown a right of governance for protection without giving up their authority to manage their own affair. There is following views which contributed to inequalities and disparities in Maori and non Maori health status; Social Review Social status is based on occupation, education and life style of Maori and non-Maori people which is key determinant of health. There is a combination of materials like poverty in which includes poor housing, poor nutrition and stress caused by low social health status results in health inequalities. As a social factor, lifestyle is most dominant cause of inequality because the Maori has different lifestyle than non-Maori. In which cancer is single biggest cause of death in Maori due to taking of smoking and exposure to second hand smoke. Apart from this, it is noticed that the Maori women were twice as likely to smoke as women of non-Maori population. so the excessive smoking may lead to lung and breast cancer in Maori people. Moreover other associated factors are excessive alcohol consumption and more exposure to sun which contribute to bad health status. In addition nutritional habits also put great impact on health status of Maori and non-Maori. The Maori has poor nutritional ta ke and also more obese than non-Maori. So obesity is very dangerous for health that may lead many other health problems and dangerous diseases which may even lead to death. Furthermore heart diseases and genetic components are major factors that associated their lifestyle in which Maori people has low physical activity and poor nutrition intake influence the health. In addition to it, the use of mental health services served in 2002 was more in Maori rather than other islanders. Maori have high admission rate to mental hospitals and the diagnose and aetiology behind the mental disorder was related to their lifestyle like alcohol and drug consumption because drugs are directly affecting on brain nerves and a person becomes mentally week which can make is mind unstable and he is a way of any understanding due to the effect of drugs. Moreover unsafe sexual habits, gambling and participate in dangerous activity are also a case of bad health status on Maori people. In brief social conditions are particularly important in determining health of people because when a social environment is supportive then great influence on health. At last it can be said that poor nutrition, bad lifestyle, disruption, urbanisation, inappropriate education and poor nutrition intake lead to inequalities and disparities between Maori and non-Maori population. Economic Review There are number of survey has been done to recognise the economic factor that contribute to the health status of Maori and non-Maori. The economic level is very different of Maori and non-Maori people that may affect the health of both populations. It has been showed that non Maori men have more income than Maori. The low income people have not sufficient money for the treatment of disease because in new island income inequalities have been increased in late 1980 and 1990. This standard of living is some degree of hardship and fall in unemployment. Beside this loss of shelter, food and land are important determinant that may lead bad health effect on Maori people. The Maori population has no access of telephone, not receiving a man texting benefits, low income, illiteracy, overcrowded housing and even not living in their own home. So in this way Maori health status is very low as compared to non-Maori. It is also suggested that inequalities in income also contribute in death rates. Furthermore, decline of Maori population in 18th and 19thcentury of colonisation. It is also believe that impact of colonisation in such a way like loss of land, houses, food, culture and language may lead to bad status on health 0of Maori people. Furthermore, racial factor is also contributed in inequalities. It can be understood by low qualification rate of Maori people because western education system was not appropriate for Maori. Maori and the reason behind this was other cause is unemployment in which seen that Maori have high rate of unemployment than non-Maori were lived in rural and natural places. Last but not the least cause under economic factor is poor health delivery care service to Maori people. So at the end it can be include that colonisation, loss of land, literacy, and overcrowded housing leaded negative effect on Maori health status. Historical view In view of history the Maori people lived in rural areas or small town. The ancestor of Maori was illiterate and had no value of education. So in this way their children have also not went to school and unaware about value and need of education. The rate of school completion in 2001 was very low in Maori group (30.5%) as compared to non-Maori (52.4%).as a result of rate of unemployment was twice than European part. Apart from this, from a decades and century the Maori was very prone to many ischemic heart disease, lung cancer, liver cancer and diabetes which all diseases may be seen in hereditary form also. In addition, most of Maori was prone to physical disabilities that may put great impact on Maori health. The other reason behind inequalities of health status in Maori and non-Maori people was old education system. Before 1840s, the Maori children only learnt language, skills in fishing, mat-making, hunting, gardening, cooking and many more which only related to Maori. But after 1840s many schools were established by European missionaries and forced Maori children to attend ordinary schools. But Maori children did not reach an acceptable level of European education and consequently, Maori students leave the school early. So in this way they were illiterate and unemployed which resulted that they were not participated in health care services and self-health care that may lead to high mortality rate in Maori population than non-Maori. In addition, bad and negative perception regarding hospital was one of reason of inequalities in Maori and non-Maori. There was hospital system proven ineffective in Maori population because nonetheless, thirteen Maoris patient were died from 1849-1851 and these deaths had negative effect on Maori perception. They concluded that ‘hospitals had a bad name among Maoris, they were thought of as places where one went to die’. Political view The politics has great impact on Maori and non-Maori health during the 1990s there was broad agreement between major political parties that settlement of historical claim was appropriate, in recent years it has become the subject of heightened debate. According to have Mann (1999) in 1848 -1863 the whole land of South Island by unscrupulously purchasing land from Ngai tahu tribe’s .but consequently this leaded to invasion in Waikato and tahini tribes. In case of question about the responsibilities of central government ,more than 80% respondent thought it should be the government role to maintain the standard of living and standard of health so in this way ,it was the government responsibility’s to provide jobs and reduce the income inequalities between Maori and non-Maori during the 1990s there was broad agreement between major political parties that settlement of historical claim was appropriate ,in recent years it has become the subject of heightened debate. According to have Mann (1999) in 1848 -1863 the whole land of South Island by unscrupulously purchasing land from Ngai tahu tribe’s .but consequently this leaded to invasion in Waikato and tahini tribes. In case of question about the responsibilities of central government, more than 80% respondent thought it should be the government role to maintain the standard of living and standard of health so in this way, it was the government responsibility’s to provide jobs and reduce the income inequalities between Maori and non-Maori. Housing The structure of housing is different in Maori and non-Maori population. The Maori people lived in rural areas where all facilities in home were not reached properly. so in asthma. In 2001 air pollution from home heating was associated with almost 1100 premature deaths. so because health status is largely determined by socio economic factors the improvements are mainly influenced by housing quality. Health care access and opportunities for Maori and non-Maori The Maori journeyed to New Zealand via pacific approximately 1000 years and the first recorded accrued in 1769 at the time of James cook from Britain. There is increasing evident that Maori and non-Maori differ in term primary and secondary health care services .in which the Maori less likely to preferred to surgical care and specialist services .other one is the Maori received lower level of health care than expected level of quality hospital. The Maori obtaining necessary care only from local areas as compared to non-Maori. There is another evident from previous study which reported the barrier to assessing the diabetes among Maori and Maori got unsatisfactory care rather than non-Maori population. Moreover, the cost involved for a treatment is also a significant barrier to Maori access to health services. Rights of others and legitimacy of difference This way the Maori people has not proper ventilation and exhausted fan in house which leaded respiratory problems in Maori population. The Maori houses are cold, damp and polluted which leads many problems. The all human being in this world has their own rights according to their culture and religion. So it is important to understand the different rights of others. The first which one is absolute rights which must never be limited in any way even a state of war or emergency. Moreover the right is not to be tortured in an inhumane way. Other one is non- absolute which can be limited in certain circumstance. Under this right the all people have right to liberty can be limited include being sent to jail if commit any crime. In which non- absolute the qualified right is that to respect for private and family life, right to freedom of expression, thought, and religion. LEGITIMACY; is a popular acceptance of an authority. It is a value whereby something or someone is recognised and accepted as right and proper. In which include different people has their different rational values, customs and habits.Morover every person have their own ideas or charisma of leader. Apart from this, government institution establishes and enforces law and order in the public interest. The legitimacy of intergroup status differences has profound effects on attitude, emotions and behaviour. In 143 hospitals organization noticed the effects in two forms managerial and technical. Results shows that both the managerial and technical forms provided notable improvement in survival chances. The power relationship in healthcare; The health care providers and practitioner play a vital role in power relationship .they are the persons which provide the health care in all level of health and all category of people either poor and rich, Maori and non Maori there was a strong evidence of a dose –response relationship between Maori and non Maori and racial discrimination in health care centres. The Maori was 10 times more likely to experience multiple type of discrimination as compared to Europeans and others. These results highlight the need for racism to be considered to eliminate ethic inequalities in health care. In health care setting the nurses identifying the power relationship between the services provider and the people who use the services. the care provider must an emphasis health gains and positive health outcome because all people has different in age, gender, sexual orientation, occupation and socioeconomic status, ethnic origin or migrant experience, religious or spiritual belief, disability. The nurse accepts and sorts alongside others after undergoing a careful process ofpower relationship .the health care provider concern about quality improvement in service delivery and consumer rights. Moreover health care provider resolves any tension between the cultures of nursing and the people using the services. Beside this, accepting the legitimacy of difference and diversity in human behaviour and social structure. So at last but not least it must needed to understand that such power imbalances can be examined, negotiated and changed to provide equitable, effective, efficient and acceptable service delivery, which minimises risk to people who might otherwise be alienated from the service. Conclusion All above review has been evident for disparities and inequalities in health care between Maori and non-Maori. There is complex factor complex of factors associated with historical, social, economic, housing, and political views for access to The all above review has been evident for disparities and inequalities in health care health care that also underpinned by racism which leads ethics inequalities. Although study has reported how the uses of health care services in Maori and non Maori population at the different level and different way. So it is a combination approaches which meet the different views and cultural safety is one of the indigenous nursing approach which response to inequalities for Maori. References The British Institute of Human right.(2013).Human right tool kit. Different right –a balancing act? London ,U.K.Retrived from www.bihr.org.uk/human-right-in-action/chapter-3-different-rights-a balancing act. Jansen,P.,Bacal,K.,Crengel,S.(2008).He Ritenga Whakaaro:Maori experience of health services.Retrieved from http://www.nzdoctor.co.nz/media/6399/He-ritenga-Whakaaro.pdf. Jansen ,P., Smith,K.(2006).Maori experience of Primary healthcare:Breaking down the barriers.New Zealand Family Physician,33(5),298-300.Retrieved from http://www.rnzcgp.org.nz/assests/documents/Publications/Archive-NZFP/Oct-2006-NZFP-Vol-33-No-5/JansenOct06.pdf JaspinderkaurPage 1

Thursday, September 19, 2019

Benjamin Franklin and Henry David Thoreaus Religions Essay -- Frankli

Benjamin Franklin and Henry David Thoreau's Religions Benjamin Franklin and Henry David Thoreau are by no means religious in any traditional sense of the word. If, however, â€Å"religious† is taken to mean the â€Å"belief in any sort of supreme being...that obliges ethical or moral conduct†, then both Franklin and Thoreau fall into this category. Though the two are strikingly opposite in their manner and social interaction, they are both held to a religious and personal standard. Their individual spiritual beliefs, ethical codes, and their â€Å"quality of life†show that all of their actions and thoughts are held by themselves to a higher standard. Both men have specific beliefs about the existence of God and man’s place in the world. Franklin is a self-proscribed â€Å"deist†, one who believes in God but not church, because of its nature. His attitude was that man runs the church, it’s the beliefs that are important, the praising and honoring of God on a daily basis, not the institution. Throughout the Autobiography, he mentions his prayers and the fact that he enjoyed going to non-formal sermons. He also supported the church monetarily for the benefit of others. Thoreau did none of these things, but he was still a highly spiritual individual. He did not proscribe to any particular religion but did hold the belief in one supreme being who created the universe. He believed that one should have a true experience with the world according to how it was made and that man was endowed with common sense by the creator. He says that humans â€Å"no longer camp as for a night, but have settled down on earth and forgotten heaven†( Thoreau 25). This is why he believed societ... ...reets of Philadelphia. This is consistent with his religious views. Thoreau on the other hand was anti- machine, almost anti-society. He said that there are â€Å"a thousand [people] hacking at the branches of evil to one who is striking at the root† (Thoreau 51). He believed society would be better off not through inventions but if every individual took it upon themselves to find their own true path. Though differing, these two views express the same idea: leading humanity towards what is right. Regardless of their differences, Franklin and Thoreau are focused on a spiritual, humanist, non-shallow viewing of the world. Both don’t just do things because it is the thing to do or out of fear, but because of their beliefs. They feel obliged to a higher conduct because of their religious views of the world, whether â€Å"religious† or not.

Wednesday, September 18, 2019

I.T Faliure And Dependence :: essays research papers

In Today’s Society we are so Dependent on I.T that the Consequences of its Failure May be Catastrophic. Discuss the Threats and Causes of Failure, and Steps Taken to Minimise it. In today’s world it is impossible to run a large organisation without the aid of computers. Businesses hold massive amounts of important data, hospitals hold large amounts of confidential patient information and large scientific research projects hold important codes, formulae, and equations. The bottom line is that loss or corruption of this information is sure to result in bankruptcy, a substantial loss of customers, and even world-wide financial meltdown. A dependency on technology is impossible to avoid – even with its fatal consequences. Companies face the worry of information lost through hacking, virus corruption, and even physical threats such as fire and flood. Viruses are the most common threat to companies they can corrupt large amounts of files and data both kinds of virus, biological and electronic, take over the host cell/program and clone their carrier genetic codes by instructing the hosts to make replicas of the viruses. Neither kind of virus, however, can replicate themselves independently; they are pieces of code that attach themselves to other cells/programs, Just as biological viruses need a host cell, computer viruses require a host program to activate them. Once such example of the damage done by viruses occurred in 1988. A Cornell University hacker named Robert Morris used the national network system Internet, which include the Pentagon's ARPAnet data exchange network. The nation's high-tech ideologues and spin doctors have been locked in debate since, trying to make ethical and economic sense of the event. The virus rapidly infected an estimated six thousand computers around the USA This created a scare that crowned an open season of viral hysteria in the media, in the course of which, according to the Computer Virus Industry Association in Santa Clara, the number of known viruses jumped from seven to thirty during 1988, and from three thousand infections in the first two months of that year to thirty thousand in the last two months. While it caused little in the way of data damage (some richly inflated initial estimates reckoned up to $100m in down time), the ramifications of the Internet virus have helped to generate a moral panic that has all but transformed everyday "computer culture." Other worrying viruses include â€Å"Pathogen† which was created by Christopher Pile. I.T Faliure And Dependence :: essays research papers In Today’s Society we are so Dependent on I.T that the Consequences of its Failure May be Catastrophic. Discuss the Threats and Causes of Failure, and Steps Taken to Minimise it. In today’s world it is impossible to run a large organisation without the aid of computers. Businesses hold massive amounts of important data, hospitals hold large amounts of confidential patient information and large scientific research projects hold important codes, formulae, and equations. The bottom line is that loss or corruption of this information is sure to result in bankruptcy, a substantial loss of customers, and even world-wide financial meltdown. A dependency on technology is impossible to avoid – even with its fatal consequences. Companies face the worry of information lost through hacking, virus corruption, and even physical threats such as fire and flood. Viruses are the most common threat to companies they can corrupt large amounts of files and data both kinds of virus, biological and electronic, take over the host cell/program and clone their carrier genetic codes by instructing the hosts to make replicas of the viruses. Neither kind of virus, however, can replicate themselves independently; they are pieces of code that attach themselves to other cells/programs, Just as biological viruses need a host cell, computer viruses require a host program to activate them. Once such example of the damage done by viruses occurred in 1988. A Cornell University hacker named Robert Morris used the national network system Internet, which include the Pentagon's ARPAnet data exchange network. The nation's high-tech ideologues and spin doctors have been locked in debate since, trying to make ethical and economic sense of the event. The virus rapidly infected an estimated six thousand computers around the USA This created a scare that crowned an open season of viral hysteria in the media, in the course of which, according to the Computer Virus Industry Association in Santa Clara, the number of known viruses jumped from seven to thirty during 1988, and from three thousand infections in the first two months of that year to thirty thousand in the last two months. While it caused little in the way of data damage (some richly inflated initial estimates reckoned up to $100m in down time), the ramifications of the Internet virus have helped to generate a moral panic that has all but transformed everyday "computer culture." Other worrying viruses include â€Å"Pathogen† which was created by Christopher Pile.

Tuesday, September 17, 2019

Huck Finn: an American Masterpiece Essay

For more than two centuries, American authors have consistently produced outstanding works that have achieved national acclaim and international recognition. Many of these works have achieved have come to be celebrated as masterpieces in American literature and influential in the shaping of our nation. Since its publication in 1884, Mark Twain’s The Adventures of Huckleberry Finn has risen to such a status and has been added to the curriculum of most schools. Unlike any other novel of its time, Mark Twain wrote an organic, realistic story drawn from his own personal struggles with being â€Å"sivilized† into the proper manners of society. He employed several literary techniques and methods to insure that his novel would be considered a classic. Three significant aspects of Mark Twain’s The Adventures of Huckleberry Finn include the use of the vernacular, the use of satire, and the depiction of pastoral life in the South. One significant aspect of Huck Finn is the use of the vernacular. One can’t open the novel without noticing distinctly Southern terms like â€Å"bullyragged† and â€Å"corn-dodgers. † This use of the everyday language of the common folk adds a great deal of authenticity and believability to Huck’s adventures. Each character has his or her own bit of a Southern twang. For example, the Dauphin has a traditional, simple accent when he announces to the Wilks family, â€Å"Friends all, my poor brother that lays yonder has done generous by them that’s left behind in the vale of sorrers† (214). Nonetheless, the vernacular is most prominent when Jim speaks. For example, when he explains to Huck why Solomon wasn’t wise, he says, â€Å"I doan’ k’yer what de widder say, he warn’t no wise man nuther. He had some er der dad-fetchedes’ I ever see† (100). In fact, Twain’s novel was far ahead of its times. Something new happened with Huck Finn that had never happened before in American literature. It’s a book that deviated from the well-mannered English tradition of the times. Twain’s novel allows a different kind of writing to happen? a natural, realistic kind of writing that jumps off the page with energy and enthusiasm. Indeed, Huck Finn isn’t a book that can be read. It’s a book that talks. Another well-known aspect of Huck Finn is the use of satire. Twain uses this to explore and poke fun at many aspects of society, and uses Huck’s actions and thoughts to make things like education and the Wisdom of Solomon seem impractical. Religion is frequently satirized in the novel. When Widow Douglas tells Huck about Moses, Huck thinks to himself why she won’t let him smoke, â€Å"Here she was a-bothering about Moses, which was no kin to her, and no use to anybody being gone, you see, yet finding a power of fault with me for doing a thing that had some good in it† (Twain 3). He doesn’t see the point in worrying about people who died three-thousand years ago. Twain satirizes religion again when he describes the Shepherdsons and Grangerfords listening to a sermon about brotherly love at church with guns in between their knees. He also satirizes the Victorian culture of the time period. When Huck arrives at the Grangerford mansion, he is in awe at the intricate and ornate artwork in the parlor. He comments, â€Å"? there was beautiful curtains on the windows; white with pictures painted on them of castles with vines all down the walls, and cattle coming down to drink† (Twain 134). Twain uses Huck to show his own views of the period. Scenes like the one describing the clock on the mantelpiece clearly get the message across that the Grangerfords’ furniture and decorations are both tacky and absurd. Indeed, Twain has much to say about society and uses his characters to get his point across. The last noteworthy aspect of Huck Finn is its depiction of pastoral Southern life. Twain mentions several instances where Huck and Jim are free from the social constraints and problems of â€Å"sivilized† society, describing vivid scenes that call to mind watching the sunset across a pond as the crickets chirp among the cattails. Huck and Jim are truly free to do as they wish on the lazy Mississippi. Here, Huck treats Jim as an equal without a care as to what others may think. Before the two run into the Duke and the Dauphin, Twain describes the wind along the water, â€Å"Then the nice breeze springs up, and comes fanning you from over there, so cool and fresh and sweet to smell on account of the woods and the flowers† (Twain 151). This tranquil moment demonstrates that the South isn’t all about slavery and racism. It’s about enjoying life without all the worries and duties. Thanks to Twain, the American ideal of freedom is Huck and Jim rafting down the Mississippi. Twain also depicts the pastoral ideal when he describes the Phelps’ farm as â€Å"Sunday-like† and â€Å"hot and sunshiny† (Twain 278). He goes on to depict a picturesque farmhouse and lazy gardens. The pastoral ideal has been used to define the meaning of America since its discovery, and it has not yet lost its hold upon the imagination. Quaint scenes like these resonate in America’s heart, hitting strings that evoke a desperate longing for a laidback, carefree lifestyle. This truly is the closest thing there is to perfection, and Twain himself felt an affinity with this pastoral Southern life. Mark Twain’s The Adventures of Huckleberry Finn will forever be revered as a classic in American literature thanks to his artful style and clever technique. Three significant aspects include the use of the vernacular, the use of satire, and the depiction of pastoral life in the South. These characteristics have made this masterpiece what it is today and have captured the hearts of countless Americans and foreigners alike. Most importantly, Twain’s work set a precedent for future novelists for years to come through its witty language and unique personality. As author Ernest Hemingway commented, â€Å"All modern American literature comes from one book by Mark Twain called Huckleberry Finn. American writing comes from that. There was nothing before. There has been nothing as good since† (348). Works Cited Hemingway, Ernest. â€Å"All modern American. . . † The Columbia Dictionary of Quotations. Ed. Joseph R. Strayer. 1 vol. New York: Columbia University Press, 1995. Twain, Mark. The Adventures of Huckleberry Finn. New York: Pocket, 1994.

Monday, September 16, 2019

Case Study on Organizational Conflict Essay

After reading â€Å"The New Career Development Program that Ruins Careers Case† on pages 330–332 of the textbook (Fundamentals of organizational communication: Knowledge, sensitivity, skills, values (seventh Ed. ) by Shockley-Zalabak, P. S. ) which will henceforth be referred to as the case study. I also reviewed chapter nine, Organizational Conflict, of the same textbook and have identified many examples of conflict preferences, strategies, tactics, and emotions displayed by all of the participants involved in the case study. All of which will be discussed forthcoming, as well as how Jane can resolve this conflict. This case study displayed three of the five conflict preferences outlined in chapter nine to include avoidance, competition, and collaboration (Shockley-Zalabak, 2009, pg 303, 306-308. ) Both Jill and Roger provided a good example of avoidance when they decided to remove themselves from contention. They also collaborated to make it known that they are not yet ready for the new tasking. Both Denise and John demonstrated competition preferences while presenting their cases to be in charge of the new program by citing experiences and accomplishments. John also pointed out Denise’s avoidance issues by stating, â€Å"You (Denise) just won’t confront things openly (Shockley-Zalabak, 2009, pg 331). † Throughout this case study, one could make out all four conflict strategies and tactics (escalation, avoidance, maintenance, and reduction) that were displayed. Right in the beginning, John escalates the conflict by openly declaring his desire for the program lead position. Denise demonstrates avoidance tactics by trying to shut down the topic, shifting the decision back to Jane, and reminding others that she is the â€Å"senior member of this team (Shockley-Zalabak, 2009, pg 331). † Jane tried to adopt the tactic of maintenance when she encouraged all parties to voice their opinions. However, Jane was ultimately forced to use reduction tactics as the meeting became too hot tempered by calling an end to the meeting, addressing the two primary aggressors independently, and reconvening the meeting the next day. The three main participants (Jane, Denise, and John) of this case study displayed a varying degree both cognitive and behavioral emotions that contributed to the outcome of each stage in this conflict. Denise’s opening words conveys her cognitive emotions. These emotions are compounded by John’s own cognitive emotions that quickly turn into a behavioral emotional response demonstrated by his outburst towards the end that was directed at Denise. Jane’s cognitive emotions came out when she responded to Denise avoidance of John’s outburst and claim for the position by insisting for Denise to state her position of the lead role. Each of the three participants feeding off and escalating the conflict until Jane had to end the meeting. This gave Jane some time to evaluate and determine who is best suit for the lead position. After this conflict, Jane has to be careful to find a mutually agreeable solution to who will have the lead position or run the risk creating a hostile working environment or even losing a valuable employee. Both Denise and John have a proven track record and expertise that demonstrates that they both could excel in the position. However, both displayed a lack of maturity and poise needed for a project of such magnitude. Therefore, I believe that Jane should initially take lead and have both Denise and John write a proposal on the ways to improve the Career Development Program. Then compare and analyze each proposal. Afterwards, combined the best ideas of each proposal to form a comprise between them. Then assign Denise and John as Co-leads for the new Career Development Program. By forcing them to work together the program get the benefit from both well established experts and both Denise and John get the credit and acknowledgment they desire. Reference: Shockley-Zalabak, P. S. (2009). Fundamentals of organizational communication: Knowledge, sensitivity, skills, values (seventh Ed. ).

Sunday, September 15, 2019

Management information system Introduction

IntroductionThe nature of implementation failure in information systems can typically range from project scenario development to final implementation.  The implementation failures range from concept generation stage where the idea is conceived, to defining budgets, software modifications and use of external consultants carefully.  The following sections describe the factors which directly or indirectly influences the system implementation failure.The implementation failure of an information system largely depends on the system project itself and the various external and internal factors which influences its existence and self being (Heeks, 2002). The various aspects which can be attributed for implementation failures are the following:1.  Ã‚   Top management leadership issues: The participation and interest of the higher management in getting the system implemented well through the initiation phases. The degree of ownership is largely lacking when it comes to active participati on and commitment.a.   Business case development failure: The commitment of higher management towards answering the business workflow model questions and simplifying the flow of their business is largely lacking. The amount of passion and determination impact the failure of the implementation.Solution: Defining the events of requirements gathering in terms of business words such as time, effort and money would make them aware of the implementation issues and their contribution in successful development of the system.b.   Lack of focus and involvement: After the system development project is provided to a vendor, it is usually taken for granted that the responsibilities of the top management is finished at that point and the vendor is completely responsible for getting across the ideas and come up with a deliverable.  Solution: Understanding the systems development process which solely involves the business flow model and their active participation.c.    Lack of proper metric s to determine performance:   Often the value added resources in the organization has an undefined cost associated with it. The cost of quality, inventory levels, throughput and flow, overall equipment effectiveness, on-time deliveries and customer satisfaction measures must be translated into time and cost.  Solution: Appropriate attachment of value to intangible resources in an organization must be done at all levels.2.  Ã‚   People issues:   The change management issues of people in an organization are quite responsible for implementation failures.a.  Ã‚   Averse towards change: The primary factor is the minds of people for whom the technology is implemented. If they are not able to take the change in a positive manner in affecting their working habits, the system would be rendered useless (Casey, 2005).Solution: Accepting the real world or digital challenges by the people to understand the positive challenges concerned with system output and employee output. The amount of long term success which a system would guarantee is unknowingly outstanding to organization.b.  Ã‚   Low Trust in system: The output level of the organization’s processes after the implementation of the system is taken as a probable issue and accounts for its failure.Solution: System must be operated in right spirit for its well being and use.3.  Ã‚   Deployment methods:a.  Ã‚   Weak deployment strategies: The strategies which are enforced in deploying the system in the organization is challenging to the general working of the present system. The correct ascertainment and the management perspective to the process for implementation and deployment of the system in the organization would be an important element in its success. The phased implementation seems to be always the best; however an information system and the associated organization must be well synchronized to implement the change.Solution: Determination by the software vendor in collaboration with the highe r management for deployment is a big issue which requires experience and commitmentb.  Ã‚   Lack of documentation and training:   The lack of documentation would result in mismanagement of information and project related activities. The lack of training would make the employees feel uncomfortable to the systems operations and functions (Laudon, 2002).  Solution : Proper attention to documentation and training must be taken care.ConclusionThe implementation failures rest on the shoulders of both the organization and the software vendor. Enough collaboration and positive differential thinking on both ends would result in making the right moves for implementation and reduce system failures.References / BibliographyCasey, Dermot (2005). Understanding the Situation ofInformation Systems Development Failure: A role for Pragmatism.Heeks, Richard (2002). Failure, Success and ImprovisationOf Information Systems Projects in Developing Countries.Laudon C. Kenneth and Jane P. Laudon (2002 ),Management Information System, 6th ed New York: Tata McGraw Hill.

Saturday, September 14, 2019

Federalists vs Democrats 18th Century Essay

Throughout the 1790s the birth of American political parties emerged. Many of Americas founding fathers hated the idea of political parties because they represented political parties came about because of the difference in opinions among the population. The newborn constitution brought about issues such as north and south, rich and poor, and agriculture vs. industries that would revolutionize the way people in America thought, and their beliefs, thus giving birth to political parties. The political parties were divided as follows. There was Alexander Hamilton, a Federalist, and his followers who believed in a strong central government that would support their interests in commerce and industry. Amongst the Federalists supporters were some of the most influential men of the time, including: George Washington, Benjamin Franklin, James Madison, and John Jay. These men had great opposition to the constitution and wrote about them in their â€Å"Federalist Papers† and were read all across the nation. The Federalists wanted to solve the issues of the nation themselves. Thomas Jefferson was categorized as a Democratic-Republican. The Republicans believed in a decentralized agrarian republic in which federal government had limited powers. The two parties struggled against each other heavily in the beginning. After the ratification of Jays Treaty in 1794, providing a somewhat sugar-coated commercial relationship, awoke differing opinions between the Federalists and the Republicans. In one corner stood John Adams, federalist, supporting the ratification of Jays Treaty because it avoided war and continued trade. On the other side there was Jefferson, Democratic-Republican, who believed the treaty left doors open for the British to continue abuses of power such as impressment. For a long time, opposing political parties consumed what was the â€Å"media† of the era and created an opinion among the people. Although with its great efforts and philosophers, the Federalist party soon seized to exist, and for years the Democratic-Republicans regulated what is the United States.

Friday, September 13, 2019

Arbitration in the Philippines

The alternative means for dispute resolution that these laws offer tip the scales with major strengths such as cost efficiency, impartiality and technical expertise of engaging arbitrators of your own choice, speed and flexibility in adaptation of laws and procedures, and confidentiality of extrajudicial hearings and awards, as mentioned in Parlade (2005). This paper explores the potential of ADR, focusing on the pitfalls of litigation in the Philippines and the burgeoning advantages arbitration provides. Keywords: arbitration, alternative dispute resolution Definition of Terms For the purposes of this paper, and as defined in the Philippine Alternative Dispute Resolution Act of 2004, the term: A. â€Å"Alternative Dispute Resolution (ADR)† means a process or procedure employed to settle a dispute extra-judicially. Instead of being adjudicated by a presiding judge, a neutral third party is employed to assist in resolving the issues in question through arbitration, mediation, conciliation, early neutral evaluation, mini-trial, or any combination thereof; B. Arbitration† means that a dispute is voluntarily submitted for resolution where one or more arbitrators, duly appointed and agreed upon by the parties beforehand, resolve a dispute by rendering an award; C. â€Å"Arbitrator† means appointed person or persons in a dispute who sits to resolve the issue by rendering an award. The arbitrator is a neutral third party especially chosen to perform such task; D. â€Å"Award† means any partial or final decision rendered by an arbitrator that resolves the issue in a dispute; E. â€Å"International Party† shall mean a juridical person or entity whose place of business is outside the Philippines. A domestic subsidiary of such or a co-venturer which holds office in the Philippines shall not be included. A foreign arbitrator shall mean a person who is not a Filipino national; F. â€Å"Litigation† means legal action brought between two private parties in a court of law; G. â€Å"Model Law† means the International Commercial Arbitration Model Law which was implemented on 21 June 1985 by the United Nations Commission on International Trade (UNCITRAL); H. â€Å"New York Convention† means the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards in 1958 which was ratified under Senate Resolution No. 1 by the Philippine Senate; I. â€Å"Proceeding† means such processes of judicial, administrative, or other adjudicative means which include pre-hearing or post-hearing motions, conferences and discovery; J. â€Å"Record† means an information written in a way that can be reproduced or is kept electronically or in such s imilar medium, which can be retrieved and used. Historical Evolution Domestic Arbitration The Spanish had brought with them their arbitration laws which were sophisticated enough to warrant its inclusion in the old Spanish Law of Civil Procedure, the Ley Enjuicinamente de Civil (Lim, 2001). Unfortunately, this was repealed at the turn of the century. Applying common law, the Philippine Supreme Court in 1921 noted in Chan Linte v. Law Union and Rock Insurance Co. , et al. (1921) that: [t]he settlement of controversies by arbitration is an ancient practice at common law. In its broad sense, it is a substitution, by consent of the parties, of another tribunal for the tribunals provided by the ordinary processes of law. †¦ Its object is the final disposition, in a speedy and inexpensive way, of the matters involved, so that they may not become the subject of future litigation between the parties. However, this attitude was scarce as courts jealously guarded their jurisdiction and parties skirted arbitration due to doubts on the enforceability of arbitration resolutions (Laygo, 2010). The New Civil Code was passed in 1949. Three new provisions were added by Congress, the most important of which was, to wit, Article 2043 which stated that any stipulation that the arbitrators’ award or decision shall be final, is valid, without prejudice to Articles 2038, 2039, and 2040 of the same code (Ibid. ). This had breathed new life into arbitration as involved parties now have basis for claims that awards rendered during arbitration were final and binding, though, not in the sense that they were beyond judicial review but, in that, reasons for such review would now be limited (Ibid. ). The Supreme Court never had the chance to promulgate the rules of procedure in the 1949 Civil Code (Ibid. ). Republic Act No. 876, otherwise known as the Philippine Arbitration Law of 1953, provided for a structured and definite statutory framework for arbitration in the Philippines. This was a very important piece of legislation enacted by Congress as it would govern arbitration in the Philippines for the next fifty years, despite the fact that it made no reference to whether it was purely domestic or if it would recognize foreign awards. Fifty-odd years after the enactment of the Philippine Arbitration Law in 1953, Republic Act No. 9285 or the Alternative Dispute Resolution Act of 2004, was passed by Congress. This was the Philippines’ move to address the untenable questions arising from the mid-century arbitration law which, with the surge of globalization, the Philippines had outmoded. The Philippines had no laws which covered proceedings of international arbitration before the enactment of Republic Act No. 9285 (Lazatin Prodigalidad, 2006). Prior to this, when issues had to be settled with regard to international contracts, Philippines parties are often mandated by contracts to settle disputes in the foreign country under the rules of the foreign arbitral institutions (Ibid. ). Worse, no domestic legislation had been passed providing a specific procedure for the enforcement of foreign arbitral awards. Thus, there have been instances in which international arbitral awards have been treated by Philippine courts as akin to foreign judgments for lack of specific invocation of the New York Convention (Ibid. ). As a consequence, foreign arbitral awards have sometimes been deemed only presumptively valid, rather than conclusively valid (â€Å"Each contracting state shall recognize arbitral awards as binding†¦Ã¢â‚¬ ), as required by Article III of the New York Convention. Under Republic Act No. 9285, Section 2, the Philippines unequivocally declared that it is its policy â€Å"to actively promote party autonomy in the resolution of disputes or the freedom of the parties to make their own arrangements to resolve their disputes† and â€Å"encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets. † International Developments Shortly after the first half of the 20th century, as the Philippines already had existing arbitration laws governing domestic disputes, a welcome and reinforcing international development was the New York Convention. The Philippines acceded to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958 (â€Å"New York Convention†) in 1967. The New York Convention is a landmark international instrument (Lazatin Prodigalidad, 2006). Parties to the New York Convention recognize the validity and binding effect of foreign arbitral awards as stated in Article III of the New York Convention. In addition, the New York Convention seeks to put international arbitration on equal footing with domestic arbitration by providing that the parties to the convention should not impose more onerous conditions on the enforcement of foreign arbitral awards than on the enforcement of domestic awards. To date, there are 142 signatories to the New York Convention (UNCITRAL, 1985); a testament to the near universal recognition of the validity and binding nature of foreign arbitral awards. On June 21, 1985, a Model Law on International Arbitration was adopted, and governed, by the United Nations Commission in International Trade (UNCITRAL). The law was designed to serve as basis for States to reform and modernize their own laws on arbitral procedure, taking account the salient features and addressing the needs of international commercial arbitration. The Model Law is comprehensive in that it covers all stages of the arbitral process from the arbitration agreement, the composition and jurisdiction of the arbitral tribunal and the extent of court intervention through to the recognition and enforcement of the arbitral award (Laygo, 2010). The Model Law has obtained consensus in the international community having been accepted and used as basis by States of different legal and economic systems of the world (Ibid. ). Arbitration is an alternative to, or a substitute for, traditional litigation in court, as observed in PHIVIDEC v. Hon. Alejandro M. Velez (1991). With the preceding laws forming the foundation of sound arbitral guidelines, the Philippines can now freely adapt and implement such. Republic Act No. 9285 is now the primary statute used in domestic arbitration. It is used in conjunction with Republic Act No. 876 and Articles 8, 10, 11, 12, 13, 14, 18 and 19 of the Model Law, which was especially designed to provide for domestic instances. Republic Act No. 9285 is also the current ruling statute for international commercial arbitration. Secondary statues to supplement the primary law include Articles 2028 to 2046 of the Civil Code of the Philippines, the New York Convention and the Model Law, and Supreme Court decisions forming the jurisprudence that applies or interprets these laws. Legal Processes: Litigation v. Arbitration in the Philippine Context Litigation As defined in the Alternative Dispute Resolution Act of 2004, litigation means legal action brought between two private parties in a court of law. There are four levels of organization with regard to the regular Courts. The first consists of Metropolitan Trial Courts, Municipal Trial Courts and Municipal Circuit Trial Courts (SyCip Salazar Hernandez Gatmaitan, n. d. ). These are trial Courts that decide only particular types or classes of cases. The second level consists of Regional Trial Courts, which are trial Courts, but also have general jurisdiction over cases not within the jurisdiction of Courts of the first level or any other tribunal, and particular classes of cases (Ibid. ). The third level is Court of Appeals which reviews cases from the Regional Trial Courts and quasi-judicial agencies (Ibid. ). At the highest level is the Supreme Court, which exercises appellate and review jurisdiction over cases decided by the Court of Appeals or Regional Trial Courts (Bernas, 1996). As a rule, only questions of law may be raised before the Supreme Court (Ibid. . The Philippine Court System provides for no juries. As arbiters, Courts have judges who are neutral and impartial who rule on questions of fact and law. Past judicial decisions of the Supreme Court are authoritative and precedent-setting, while those of the lower Courts and the Court of Appeals are merely persuasive (Ibid. ). A civil action is commenced by filing an or iginal complaint in Court (SyCip Salazar Hernandez Gatmaitan, n. d. ). A summons and a copy or copies of the complaint are then served on the defendant or defendants in accordance with the Rules of Court (ROC) (Ibid. . Then an exchange of pleadings between petitioner and respondent commences and issues to be tried are identified (Ibid. ). The petitioner is obliged to set the case for pre-trial after the last pleading has been filed (Ibid. ). This is usually the time that the possibility of an amicable settlement is considered and expedient ways of resolving the matter are explored (Ibid. ). If this is unsuccessful, it proceeds to trial. Once the trial ends, closing written memoranda may be submitted by the parties and the case is then deferred for the judge’s ruling (Ibid. ). Recent data from the Supreme Court Annual Report of 2005 shows that, for the period January to November 2005, the cases filed continue to outnumber the cases resolved at the Regional Trial Court (RTC), Metropolitan Trial Court (MeTC), Municipal Trial Court in Cities (MTCC), Municipal Trial Court (MTC), Municipal Circuit Trial Court (MCTC) levels. As of 30 November 2005, the total number of pending cases was 785,670, with the trial courts bearing the brunt of the caseload as follows: RTC 349,085; MeTC 144,408; MTCC 115,391; MTC 85,452; MCTC 65,692 (Ibid. ). Clearly, the caseloads remain formidable and unwieldy insofar as the trial courts are concerned. Not surprisingly, the data likewise shows that the problem of the shortage in judges has persisted through the years. Calculations based on the data have shown that the vacancy rate has hovered at around 30% on average. This shortage in judges is largely due to the relatively low pay of judges. Based on Supreme Court figures of January 2005, an RTC judge receives P44,416. 33 monthly in salary and allowances. An MeTC judge receives slightly less. MCTC and MTC judges receive P36,501 monthly in salary and allowances. The obvious solution to the problem is to increase the number of judges. However, this is easier said than done. The salaries of the judges are not determined by market forces but are subject to budget constraints and the priorities of our lawmakers (Bernas, 1996). The result is that our courts have not been able to function efficiently. While there is no ready data on the average number of years that it takes the courts to resolve disputes, anecdotal evidence shows that it usually takes 3-5 years for a case to be resolved at the trial court level, and another 2-4 years for a case to be resolved on appeal. Under the circumstances, the need to promote arbitration becomes pressing. Arbitration directly benefits the parties and indirectly benefits the courts since it diverts cases away from them and into the hands of arbitrators with much lesser caseloads. This indirect benefit has been recognized both by Congress (Section 2 of R. A. No. 9285 states that: The State shall encourage and actively promote the use of Alternative Dispute Resolution (ADR) as an important means to achieve speedy and impartial justice and de-clog court dockets) and the Supreme Court through its acknowledgment, in Charles Bernard H. Reyes v. Antonio Yulo Balde II, that it is the â€Å"wave of the future. † Arbitration Arbitration means that a dispute is voluntarily submitted for resolution where one or more arbitrators, duly appointed and agreed upon by the parties beforehand, resolve a dispute by rendering an award (ADR Act, 2004). Domestic and international commercial arbitration is governed primarily by the ADR Act of 2004, supplemented by the Arbitration Law of 1953, the Civil Code, the New York Convention and the Model Law framework. In the Philippines, arbitration of construction disputes continues to be governed primarily by the Construction Industry Arbitration Law (SyCip Salazar Hernandez Gatmaitan, n. d. ). The Construction Industry Arbitration Commission has original and exclusive jurisdiction over disputes arising from, or connected with, contracts entered into by parties involved in construction in the Philippines (Ibid. ). The Philippine Dispute Resolution Center, Inc. , and the arbitration arm of the Philippine Chamber of Commerce, provide commercial arbitration services (Ibid. ). Under the ADR Act, a party may be represented by any person of their choice in international commercial arbitrations and domestic arbitrations in the Philippines. Under the same Act, only those admitted to the Integrated Bar of the Philippines may appear as counsel in any Philippine Court, or any other quasi-judicial body, whether or not such appearance is in relation to an arbitration in which they appear. In domestic arbitration, an agreement to arbitrate a current or future controversy between the parties must be in writing and subscribed by the party sought to be charged, or by their lawful agent (SyCip Salazar Hernandez Gatmaitan, n. . ). For international commercial arbitration, an arbitration agreement may be an arbitration clause in a contract or a separate agreement (Ibid. ). It must be in writing; in a document signed by the parties or in an exchange of letters, telex, telegrams or other means of telecommunication which provide a record of the agreement. It may also be in an exchange of statements of claim and defense in which the existence of an agreement is alleged by one party and not denied by the other (Ibid. ). Subject to the provisions of the ADR Act, the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting the proceedings. If the parties fail to agree, the arbitral tribunal may generally conduct the arbitration, including determining the admissibility, relevance, materiality and weight of any evidence, in such manner as it considers appropriate (Ibid. ). In domestic arbitration, with reference to the ADR Act, arbitrators are mandated to set a time and place for the hearing of the matters submitted to them, and must cause notice to be given to each of the parties within a specified period. Before hearing any testimony, arbitrators must be sworn, by any officer authorized by law to administer an oath, faithfully and fairly to hear and examine the matters in controversy and to make a just award according to the best of their ability and understanding. Witnesses must also take an oath before the arbitrator. Arbitrators are required to attend every hearing in that matter and hear all allegations and proofs of the parties. Arbitrators shall receive as exhibits in evidence any document that the parties may wish to submit. At the close of the hearings, the arbitrators shall specifically inquire from all parties whether they have any further proof or witnesses to present. In international commercial arbitration, the arbitral tribunal holds oral hearings for the presentation of evidence or for oral argument at an appropriate stage of the proceedings, if so requested by a party, unless the parties have agreed that no hearings shall be held (SyCip Salazar Hernandez Gatmaitan, n. d. ). The parties shall be given sufficient advance notice of any hearing and meeting of the rbitral tribunal to inspect goods, other property, or documents (ADR Act, 2004). A party aggrieved by the failure, neglect or refusal of another to perform under a written arbitration agreement may petition the proper Regional Trial Court for an order directing that such arbitration proceed in the manner provided for in the agreement (Ibid. ). The Court also has the authority to appoint arbitrators when the parties to the contract or submi ssion are unable to agree upon a single arbitrator, or when either party to the contract fails or refuses to name his arbitrator within 15 days of receipt of the demand for arbitration (Ibid. . A party may ask the Court to decide on a challenge against an arbitrator if the arbitral tribunal rejects the challenge (Ibid. ). A party may also ask the Court to decide on the termination of the mandate of an arbitrator who is unable to perform their functions, or for other reasons fails to act without undue delay, if the arbitrator does not withdraw from office and the parties do not agree on the termination of the mandate (Ibid. . [In international commercial arbitration, a party may apply to the proper Court regarding the appointment of an arbitrator, the challenge against an arbitrator, and the termination of the mandate of an arbitrator, only when the â€Å"appointing authority† under the ADR Act, who is supposed to decide on these, fails or refuses to act within 30 days from re ceipt of the request (SyCip Salazar Hernandez Gatmaitan, n. d. ). A party may request the proper Court to grant an interim measure of protection before the constitution of the arbitral tribunal (ADR Act, 2004). A party may also apply to the proper Court for assistance in implementing or enforcing an interim measure ordered by an arbitral tribunal (ADR Act, 2004). In domestic arbitration, unless the parties stipulated otherwise in writing, the arbitrators must render the award within 30 days of the closing of the hearings (Ibid. ). This period may be extended by mutual consent (Ibid. ). There is no express rule on when an award must be delivered in international commercial arbitration. The award must be in writing, signed and acknowledged by a majority of the arbitrators, and should there be an instance, reason for any omitted signature must also be stated (Ibid. ). The award shall outline the reasons upon which it is based, unless the parties have agreed otherwise or the award is on agreed terms. The award shall also state the date and place of arbitration. Each party shall receive a copy of the award. The ADR Act provides specific grounds for the Court to set aside an arbitral award in a domestic arbitration. They include cases of corruption, fraud, partiality, misconduct, and disqualification of arbitrators. The ADR Act also provides specific grounds for the Court to modify or correct an arbitral award— including miscalculation of figures, mistake in the description of a person, thing or property referred to in the award, an award upon a matter not submitted for arbitration, and imperfect form of the award. The Courts shall disregard any other ground raised against an arbitral award in a domestic arbitration (Ibid. ). In the case of international commercial arbitration, a Court may set aside an arbitral award when the arbitration agreement is invalid; when a party was not given proper notice of the appointment of an arbitrator or of the arbitral proceedings or was otherwise unable to present his case (SyCip Salazar Hernandez Gatmaitan, n. d. ). Other reasons include situations where an award deals with a dispute which is not arbitrable or contains decisions on matters beyond the scope of the submission to arbitration; the composition of the arbitral tribunal or the arbitral procedure was not in accordance with the parties’ agreement or the law; the subject matter of the dispute is incapable of settlement by arbitration under the law, or when the award is in conflict with the public policy of the Philippines (Ibid. ). At any time within one month after an arbitral award is issued in a domestic arbitration, any party to the arbitration may apply to the appropriate Regional Trial Court for an order confirming the award. The Court must grant the order unless the award is vacated, modified or corrected. Upon the granting of an order that confirms, modifies or corrects an award, judgment may be entered. The judgment may then be enforced as an ordinary judgment of that Court. For foreign arbitral awards, the New York Convention applies, subject to the commercial and reciprocity reservations (Ibid. . The basic procedure for recognition and enforcement is as laid down by the Convention. Despite the many attractive draws of arbitration, it is best to note the instances when alternative dispute resolution proves inappropriate, and practice judgment accordingly. It would be more judicious to resort to litigation when: (1) there is a significant imbalance in the parties’ bargaining power, as the strong er party may cow down the weaker one; (2) the party who has the use of the money at issue may benefit from a delay in itigation; (3) substantial legal issues are involved and must be dealt with accordingly, mindful of national and international repercussions; (4) there are multiple parties involved as it may be more difficult to implement alternative dispute, particularly where a class action is desired; (5) one of the parties wishes to establish a judicial precedent; (6) adversary is irrational and unreasonable, thus barring resolution; and (7) extensive discovery is needed or desired, as the Courts have a more thorough and encompassing framework, arbitration being relatively vogue and young in experience as compared to Courts (Grenig, 2005). Supporting Jurisprudence There have been two decisions in the field of arbitration that have set the tone of the Supreme Court and advanced the cause of arbitration in the Philippines. The first one is Transfield Philippines, Inc. vs. Luzon Hydro Corporation, G. R. No. 146717, 19 May 2006. There, the Supreme Court affirmed the enforceability of foreign arbitral awards and the right of the parties to an arbitration proceeding to obtain provisional relief from the courts. In Transfield, the Supreme Court had occasion – for the first time – to refer to Republic Act No. 285. What is significant in Transfield is the Supreme Court’s recognition that court-ordered provisional/interim relief extends to international arbitration. Such ruling sends a positive signal to future litigants that the Philippines is an arbitration-friendly jurisdiction. The second part of the ruling in Transfield affirms the right of a party to an international arbitration to enforce a final awar d in the Philippines, pursuant to the UNCITRAL Model Law and the New York Convention. The other, more recent case is Gonzales vs. Climax Mining Ltd. , G. R. Nos. 61957 and 167994, 22 January 2007, where the Supreme Court resolved petitioner Jorge Gonzales’s motion for reconsideration and respondents Climax Mining Ltd. , et al. ’s motion for partial reconsideration of the earlier Decision of 28 February 2005. The ruling in Gonzales is significant for several reasons. First, the ruling in Gonzales re-affirmed the summary nature of and the RTC’s limited and special jurisdiction over petitions to compel arbitration under Section 6 of R. A. No. 876. The jurisdiction of courts in a petition to compel arbitration is limited to determining the existence of an arbitration agreement. Trial courts should not allow themselves to be drawn into the fatal pitfall of prolonging the proceedings or touching on the merits. Second, modifying its earlier ruling, the Supreme Court in Gonzales introduced the widely-accepted doctrine of separability, which states that the validity of the contract containing the agreement to submit to arbitration does not affect the applicability of the arbitration clause itself. This doctrine of separability is, as pointed out by the Supreme Court, found in Article 16(1) of the UNCITRAL Model Law, which governs international commercial arbitration. Conclusion The efforts of Congress and the judiciary at improving the system of arbitration are welcome and timely. Today, two contemporary circumstances, one a local problem, the other an international phenomenon, acutely highlight the need to further promote and develop arbitration: hopelessly clogged court dockets and growing globalization. An inefficient court system impels aggrieved parties to look elsewhere for swift and impartial justice. On the other hand, international trade and transactions unavoidably give rise to disputes between nationals who come from different jurisdictions. The foreign businessman will understandably be wary of or uncomfortable with the local courts. Thus, he will seek to bring his dispute before the more neutral forum of arbitration. Parties wishing to have their conflicts resolved expeditiously will be looking increasingly to alternative means of settling their disputes, especially business, which abhors indefinite uncertainty. Under the circumstances, arbitration is truly worth cultivating. It possesses many attractive features. First, unlike judges, arbitrators are not burdened by heavy caseloads. The data hows that, as of November 2005, there are 349,085 pending cases before the RTC. Yet, there are only 804 RTC judges, or an average of 434 cases per judge. Hearing cases, sifting through evidence, and writing decisions is not an easy task. It becomes almost unmanageable if a judge has to contend with 434 cases. In contrast, before appointing an arbitrator(s), litigants can first verify from a potential nominee whether he or she can devote time to the case. Second, there is a large pool of arbitrators to draw from. Unlike the traditional judges, arbitrators do not have to be lawyers. They can be architects, engineers, investment bankers, stock brokers, or even laymen, depending on the subject matter or nature of the dispute. Third, the fees of arbitrators are not fixed by law. They are flexible and adjust according to the complexities of the case and the reputation of the arbitrator. Hence, litigants will be assured of an adequate supply of arbitrators. There is also reason for arbitrators to resist the temptation of corruption. The more competent, honest, and prominent the arbitrator, the higher the price he or she can command. Fourth, arbitration has the indirect benefit of de-clogging the court dockets by diverting cases away from them. The data shows that the number of cases filed outpace the number of cases decided. Judges can dispose of only so many cases at a time, especially given the restrictions that are imposed upon them. While the courts can only do so much in terms of the outflow of cases, arbitration has the potential of controlling the inflow of cases into the judicial system, especially at the RTC level where the number of cases filed annually have been more or less steady through the years. The court ystem can begin to work more efficiently only if the number of cases decided exceeds the number of cases filed. Until then, the courts find themselves trapped in a cycle of inefficiency. Thus, the courts also have a high stake in the success of arbitration. Fifth, arbitration addresses the concern of partiality. One of the appealing features of arbitration is that the parties get to choose their own arbitrators. Sixth, the costs of arbitration are borne by the parties. Arbitration pays for itself. Litigants who are dissatisfied with the judicial system can opt out of the judicial system. The potentially higher fees can be offset be a speedier resolution of the case and more satisfactory judgment. The Supreme Court first touted arbitration to be the â€Å"wave of the future† in BF Corporation v. Court of Appeals (1998). Eight years later, the Supreme Court repeated the same observation in Charles Bernard H. Reyes v. Antonio Yulo Balde II, G. R. No. 168384, 7 August 2006, that: It bears to stress that being an inexpensive, speedy and amicable method of settling disputes, arbitration — along with mediation, conciliation and negotiation – is encouraged by the Supreme Court. Aside from unclogging judicial dockets, arbitration also hastens the resolution of disputes, especially of the commercial kind. It is thus regarded as the â€Å"wave of the future† in international civil and commercial disputes. Brushing aside a contractual agreement calling for arbitration between the parties would be a step backward. † References Books and Journals Bernas, J. , S. J. (1996). The 1987 Constitution of the Republic of the Philippines: A commentary 2009 Ed. ). Manila, Philippines: Rex Book Store. Grenig, J. E. (2005). Alternative dispute resolution (2nd Ed. . Minnesota: West Publishing Co. Laygo, J. (2010). Arbitration: A brief. Makati: Intellectual Property Office of the Philippines. Lim, F. E. (2001). Commercial arbitration in the Philippines. The Ateneo Law Journal, 46(2). Cases BF Corporation v. Court of Appeals, G. R. No. 120105 (1998). Chan Linte v. Law Union and Rock Insurance Co. , et al. , 42 Phil. 548 (1921). Charles Bernard H. Reyes v. Antonio Y ulo Balde II, G. R. No. 168384 (2006). Gonzales v. Climax Mining Ltd. , G. R. Nos. 161957 and 167994 (2007). Philippine Veterans Investment Development Corp. PHIVIDEC) v. Hon. Alejandro M. Velez, G. R. No. 84295 (1991). Transfield Philippines, Inc. v. Luzon Hydro Corporation, G. R. No. 146717 (2006). Laws New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958. Republic Act No. 876, Philippine Arbitration Law of 1953. Republic Act No. 9285, Philippine Alternative Dispute Resolution Act of 2004. UNCITRAL Model Law on International Commercial Arbitration of 1985. Online Resources Lazatin, V. P. Prodigalidad, P. A. (2006). Arbitration in the Philippines. Retrieved from http://www. seanlawassociation. org/9GAdocs/w4_Philipines. pdf Parlade, C. O. (2005). Why litigate? Arbitrate! Retrieved from http://www. pdrci. org/web1/art001. html Supreme Court of the Philippines Annual Report. (2005). Adjudication: Caseload and disposition [Data file]. Retrieved fr om http://sc. judiciary. gov. ph/announce/sc_annual_report_2005. pdf SyCip Salazar Hernandez Gatmaitan Law. (n. d. ). A Guide to Dispute Resolution in Asia. Retrieved from http://www. herbertsmith. com/uploads/HSpdfs/Asia-guides-006/dispute resolution/12_Philippines. PDF