Tuesday, May 26, 2020

Why Everybody Is Talking About Reflective Learning Essay Samples...The Simple Truth Revealed

Why Everybody Is Talking About Reflective Learning Essay Samples...The Simple Truth Revealed Regardless of what your reasoning behind it is, it's a lie. Because reflection encourages a deeper degree of critical thinking, it can enable you to get a great grasp on things which you don't fully understand yet. Being objective can be hard, especially with ourselves. The structure permits the reflection to be written in a crystal clear way. The great thing about reflective writing is there is no absolute wrong and right means of executing it. For instance, the situations you learn from your course content may be things which you can be relevant to your everyday life and vice versa. It's possible to immerse yourself in finding out all there is to learn about a specific topic with no possibility of being distracted. As you're writing about an emotionally-charged subject, you might end up getting lost on the way. Finding Reflective Learning Essay Samples Online An outline or plan is essential for reflective essays. To help you produce a productive essay outline here are tips that will be able to help you. If you wish to compose a reflective essay but have no clue how to begin, you might use our Essay Outline Template and use its structure for a reference in creating your own reflective essay. With an outline to direct your writing procedure, you can find with an essay that's more coherent and which has a crystal clear structure. Analysis may be challenging point to tackle when you're first starting to learn to compose essays, but it's well worth persevering with because it is going to make your essays a great deal more worthwhile and readable. Reflection isn't necessarily assessment. Essay Content and Analysis Look at what you've read for each of the primary points of your essay and work out how you may talk about it in your words, or inside a more informative way. Being aware of what the essay is all about will provide you with a more concise thinking about what to place into your writing. Just be certain that your essay has a fantastic flow and that it's simple for different readers to comprehend. If at all possible, select a subject you're interested in, because this will make writing the essay a lot simpler. Self-reflective essays may challenge you to think critically about what you're doing well and what should be changed as a consequence of the experience you're writing about. Quite simply, reflective writing demands the writer to have a deeper look into his life. Use the reflection rubric to evaluate your reflections so that you are able to enhance your reflective thinking and writing. You may make an academic reflective essay or you could make it like a general and informal bit of writing. There's a whole lot more to reflective essays than simply writing your story. The Ugly Secret of Reflective Learning Essay Samples The hypothesis was dynamic initially due to the broadness and level of the subject of study that we had settled for. Self reflective essay do not need much research such as other kind of research. Investment theory is put on the milestone seven. Which means you don't need to conduct any research to have the ability to finish it. What Is So Fascinating About Reflective Learning Essay Samples? Try to remember that every paragraph should lead into the next. Verify the body paragraphs concentrate on providing appropriate reflection a nd critique. An outline also keeps you from missing out any appropriate details. Planning the points you would like to write about makes it simpler for you to keep on point. Throughout your reflection, you should earn a case for the way the experience has stimulated your private growth. Outlining Your Experience The initial step in creating a great reflective piece is simply describing the circumstance or experience which will be examined. You just have to share an experience. Take into consideration the personal experience you wish to write about. The Basic Facts of Reflective Learning Essay Samples Realize that you change. The Gibbs (1988) model of reflection implies that the procedure for reflection is systematic and follows lots of specific measures as a way to be prosperous. It has a lot of benefits. It is an everyday process and is very personal matter. There are several diverse scenes in which students may portray them selves. The connection between teachers an d learners ought to be amicable because it is going to determine how learners response to questions and the way they comprehend passages. Students lead busy lives and frequently forget about a coming deadline. If you're one of the lucky students who doesn't have exams, then upon return it's possible to relax and distract your friends that do. Want to Know More About Reflective Learning Essay Samples? There's, obviously, a limit on the range of pages even our finest writers can produce with a pressing deadline, but generally, we can satisfy all the clients seeking urgent assistance. Your list is only going to supply you with a headache if you don't locate a remedy to end your problems. Reflective Cycle Selecting the appropriate reflective cycle to use can be challenging, especially since there are dozens to select from.

Tuesday, May 19, 2020

Bob Hiltermann A Famous Deaf Storyteller, Actor, Comic,...

Bob Hiltermann is a famous deaf storyteller, actor, comic, and musician. He was born in Wiesbaden, Germany and became deaf at the age of four due to spinal meningitis. His family assumed that he was slow and it wasn’t until he was ten years old that they finally realized he was deaf. When Bob turned eighteen, he attended Gallaudet University. While attending Gallaudet he learned American Sign Language, which would eventually lead him to become a confident and successful signer. Bob grew up in a family of classical musicians and this shaped his love for music. Despite being deaf he has become an accomplished musician himself and is the drummer for a famous all deaf band named Beethoven’s Nightmare. He has also experienced a very successful career as an actor and has starred in many award winning documentary films, TV, stage productions, soaps, and feature films. Bob has also helped create and star in an educational sign language series called â€Å"Shut up and Sign† (Hiltermann, 2016). Hiltermann’s love for music has translated into one of the main forms in which he is a Teller. â€Å"Living with a large family of musicians, Bob gained a love for music, but it wasn’t until he was invited to an Indian ceremony that he realized his passion for the drums. Using his neighbor’s drums he played along with his favorite LP’s and 45’s honing his talents† (Beethoven’s Nightmare). As a deaf drummer Hiltermann uses his skills to express himself and show that deaf people are capable of

Friday, May 15, 2020

The California Prison System Is Severely Overcrowded

Because the California prison system is severely overcrowded, it is unable to deliver adequate resources and services to its inmates. In 2011, the United States Supreme Court ruled that the system—operating at 145% of its designed capacity—violates the 8th Amendment and mandated that the state significantly reduce its prison population by 2016 (Divito). Many of the state’s GOP legislators called for expansion of the state’s correctional facilities, claiming that criminals would be a threat to communities if the state relaxed enforcement or released some prisoners early (Wildermuth). While there is merit in this argument, spending money to expand jail capacities without reducing the number of people who are incarcerated only conceals the fundamental problem, rather than correcting it. Instead, a more effective alternative is to invest resources in â€Å"mental health courts, drug treatment, mental health treatment, vocational rehabilitation, evidence-based programs [in order to] reduce the population in a more sustained way† (Siders). Recently, in Los Angeles, community stakeholders have come to agree that many of the city’s offenders do not necessarily need incarceration, but instead education and outreach programs. As a result, the local justice system has begun to promote a system of restorative justice. Launched in October 2014, the Los Angeles City Attorney’s Neighborhood Justice Program (NJP) was created to keep low-level offenders out of the court system and prevent themShow MoreRelatedThe American Court System And Criminal Justice System1750 Words   |  7 PagesThe System Each year, approximately ten-thousand people are convicted of crimes that they did not commit (Spring). Ten-thousand people that will never see their kids grow up, ten-thousand people that will miss out on life, ten-thousand people whose lives will never be the same. Men and women are on death row for decades, only to be exonerated after their execution. Where is the justice in that? Prisons are also overcrowded and according to political scientist David Hudson, America holds five percentRead MoreOvercrowded Prisons and the War on Drugs1178 Words   |  5 PagesThe War on Drugs One must wonder if the war on drugs helps or hinders our American Criminal Justice System when you look at the overwhelming impact it has had on crowding issues within our prisons. At the present time there are over 1.5 million people in prison, 59.6 % for drug offenses alone. The war on drugs started over 100 years ago in San Francisco, California when the first law against drugs was enacted to stop the smoking of opium. In all actuality, this law was against the ChineseRead MoreThe Problem Of Prison Overcrowding1598 Words   |  7 Pagesthe major problem of prison overcrowding and argue that the problem of prison overcrowding would not be ending anytime soon, due to the inadequate attempts by state governments to deal with the inhumane living conditions in overcrowded prisons. This article relates to the topic because the authors analyze how the federal government and some individual states, such as California and Florida, respond to the constrained resources causing unsuitable conditions in overfilled prisons. This source illuminatesRead MoreThe Treatment Of Mentally Ill Prisoners1522 Words   |  7 Pagesindividuals in American prisons, mental disorder affects more than 200,000 prisoners, yet it is an issue that has been ignored by the federal gove rnment and the public. Little attention has been brought to the topic of prisons and its prisoner, until the past few years, with the release of the shows â€Å"Making of a Murderer† and â€Å"Orange Is the New Black†, which both focus on life behind bars. The media has started to cover many of the injustices that occur behind the prison walls. However, while theRead MoreShould The Prison Building A Reduced Maximum Nonviolent Criminals?1733 Words   |  7 Pagespublic concern about the threat of crime and many becoming skeptical about how effective rehabilitation is, Americans started focusing on some other goals of the prison system, such as retribution and public safety. They argue crime measures, such as mandatory minimum sentences and truth in sentencing laws, are keeping minor offenders in prison for too long and at great expense to the taxpayers. Advocates of harsh sentencing laws counter that they are necessary as a solution to lenient judges. DavidRead More Ju venile Justice Essay1308 Words   |  6 Pages Juvenile Justice By:Bill In todays society juveniles are being tried in adult courts, given the death penalty, and sent to prison. Should fourteen-year olds accused of murder or rape automatically be tried as adults? Should six-teen year olds and seven-teen year olds tried in adult courts be forced to serve time in adult prisons, where they are more likely to be sexually assaulted and to become repeat offenders. How much discretion should a judge have in deciding the fate of a juvenile accusedRead MoreThe Jones-Costa Bill: Three Strikes2189 Words   |  9 Pageselse’s life and be sentenced to prison for seven years, maybe ten. That term sounds like a lengthy time but in my view a person who inflicts harm on another individual should be punished in a more severely way. The wonderful thing about the legal system in this country is that it can change whether it is repealed, amended, or a new law or sets of laws are created. The fact that the ability to propose a law is not solemnly reserved to the gove rnment makes our legal system quite remarkable. We have theRead MoreSlavery In The River Of Dark Dreams By Walter Johnson1745 Words   |  7 Pagesstemmed from innovative violence. Obsessed with increasing efficiency, enslavers spent considerable time calculating and drafting new methods in order to assure their slaves produced more. The new system that best ensured this sought-after efficiency was called the â€Å"pushing system.† The pushing system forced slaves to compete with one another by the number of baskets of cotton they picked each day, in effect transforming the enslaved into cotton-picking machines. All who failed to meet their dailyRead MoreThe Steinbeck s The Grapes Of Wrath1489 Words   |  6 Pagesincredibly tumultuous time for the United States. The stock market crash of 1929 and the Dust Bowl exacerbated the already high tensions between the rich and the poor. These tensions were also present and becoming a growing problem within the justice system of th is era. As the country plunged into the depths of the Depression, the poor treatment of men and women imprisoned within the country’s jails deteriorated as well. The Dust Bowl along with the economic conditions the country, at the time led toRead MoreThe Prison System: Solitary Confinement Essay1487 Words   |  6 PagesSince the early 1800s, the United States has relied on a method of punishment barely known to any other country, solitary confinement (Cole). Despite this method once being thought of as the breakthrough in the prison system, history has proved differently. Solitary confinement was once used in a short period of time to fix a prisoners behavior, but is now used as a long term method that shows to prove absolutely nothing. Spending 22-24 hours a day in a small room containing practically nothing has

Wednesday, May 6, 2020

The New Age Of Feminism - 1224 Words

Introduction With many variants of feminism, the feminist philosophy is one of great concern in today’s popular culture, despite the movement beginning in the 19th, early 20th century. The new age of feminism has broadened across Australia through the technological advances of social media, and while women’s roles in society have long been debated, the current ideologies of feminism are persistent in reaching equality for the sexes. Women’s liberation had begun in the 1960s, focusing on suffrage and overturning legal obstacles such as voting rights and continued through to the early 1980s. It was about breaking down barriers for women and exposing the restrictive life of a woman to be inadequate and lacking in equality. The lifestyle of a woman in the 21st century has changed dramatically across many westernised countries, and Australian women can be considered one of the most privileged but this does not evade the question of whether feminism is still relevant in contemporary Australia. Living in the Lap of Luxury The movement relates to the dominance of males in business, politics, law and the media all of which demonstrate gender inequality, but has recently stretched to issues related to femininity, violence and abuse against women and rape culture. Cà ©zanne Colvin wrote in â€Å"I’m Not a Feminist But†¦Ã¢â‚¬  that feminism ‘is about ensuring that women always have both a choice and a voice’. Feminists are fighting to be equal to their male counterparts politically, economically,Show MoreRelatedThe Sexualisation And Popularization Of Feminism Within The 21st Century1296 Words   |  6 Pages The sexualisation and popularization of Feminism within the 21ST century Introduction Feminism as an idea has been actively intersected and integrated within the western mainstream pop culture progressively since the beginning of the 21st century. Some of the largest players in the current mainstream music scene not only identify as feminist but also encourage their millions of fans to do the same. While this could potentially be a positive influence on a movement that has struggled to gain largerRead MoreWomen Are Not Equal !1601 Words   |  7 PagesFollowing that moment, the majority of women began to really recognize inequality. It has come to the attention of Ealasaid Munro that the US is experiencing a fourth wave of Feminism. She claims â€Å"the internet itself has enabled a shift from ‘third-wave’ to ‘fourth-wave’ feminism†. I have seen a new arguments promoting feminism all through out media and I have heard discussions from friends and family. My mother, who claims to be a Femi-Nazi, posts links on my Facebook about woman s issues and rightsRead MoreFeminism : Why Should It Exist And Be Required?1428 Words   |  6 PagesFeminism: Why Should it Exist and be Required? An American Activist by the name of Charlotte Bunch once said, â€Å"Feminism is an entire world view or gestalt, not just a laundry list of women’s issues.† Feminism can be known as the broad range of ideas, approaches, and ideologies directed towards advocating for gender equality for all. Feminism is a movement that seeks to achieve equality and social rights for everyone in all key areas which includes; education, personal, economic, employment, culturalRead MoreFeminism Throughout History1698 Words   |  7 PagesFeminism Throughout history, women around the globe have been struggling to gain rights that are equal to men in the society. Women have been struggling to obtain respect, equality, and the same rights men have in the society. However, this has been difficult to them because of patriarchy, an ideology whereby, men are always considered to be superior to women, and have the right to control women. This thought has spread widely among the social structures of the society around the globe and thisRead MoreFeminism Empowerment Essays621 Words   |  3 PagesFeminism Empowerment The dictionary definition of feminism is stated: the movement for the political, social, and educational equality of women with men. Truth be told, feminism can mean a whole deal of things. It can mean women fighting for jobs that were mainly held by men with equal pay. It can mean women fighting for equal education in a so called male dominant world. Feminism can give lesbian women the chance to adopt and have children. These are just a few definitionsRead MoreThe Beneficial Belief : Feminism1407 Words   |  6 PagesThe Beneficial Belief: Feminism. The modern definition of feminism: â€Å"an ideology that, in its most basic form, directly opposes sexism by supporting gender equality and portraying women and men as equal.† (Finsterbusch 59). This definition was the early direction towards treating women like human beings rather than a housebound body, and this is why feminism should not be viewed as a harmful ideology. By exemplifying the importance of the ideology of feminism, by refuting those who claim that womenRead MoreFeminism And The Equality Of All Sexes1401 Words   |  6 PagesAlthough Feminism was already a topic I knew a lot about, I wanted to learn more about in order to be able to effectively explain it to people. I hoped to learn what feminism truly is, how it fit into gender equality, some good examples of feminism, and what feminism is still working for. I was hoping to learn all this in order to be able to show and tell people what feminism is, and to help get rid of any misunderstandings towards femin ism. I also wanted to make sure I had my facts right about whatRead MoreFeminism : Social And Economic Context1086 Words   |  5 Pagescultures and the problems that are included with feminism. Cultural feminism was developed from a different type of feminism called radical feminism. Radical feminism is known as the perspective where the male supremacy is not included in any social and economic context. The purpose of radical feminism is to get eliminate patriarchy by challenging the existing norms and other institutions, rather than through a pure political process. This type of feminism includes challenging the notion of traditionalRead MoreFeminism Is Not Be Viewed As A Harmful Ideology1405 Words   |  6 Pagesmodern definition of feminism: â€Å"an ideology that, in its most basic form, directly opposes sexism by supporting gender equality and portraying women and men as equal.† (Finsterbusch 59). This definition was the early direction towards treating women like human beings rather than a housebound body, and this is why feminism should not be viewed as a harmful ideology. By exemplifying the importance of the ideology of feminism, by refuting those who claim that women have used feminism to exploit their personalRead MoreFeminism : A True Nature O f Human Affairs Essay1521 Words   |  7 Pagesto feminism; yet gender pay gap, and lack of care of women’s issues prove that although opportunities for success have been made available to women, it’s benefits have not been fully realized. Feminism is fundamentally an ideology based on gender equality with an intent to promote women forward in education and success in professional fields without barriers faced by previous generations such as limited human rights and opportunities to express themselves fully. In the new millenia, feminism is here

Essay Being Deaf doesnt Mean Being Silent - 975 Words

Imagine using no spoken words, not hearing at all, yet at the same time communicating perfectly. By use of American Sign Language (ASL), many people communicate everyday. They share stories of hope and despair, trade ideas and opinions, cry and laugh. Their difference is one that is important in their lives, yet does not in any way decrease the value of those lives. Deafness is such a unique, insightful, and wonderful loss. It is one with such beauty and meaning. Deafness is one disability that isnt really a disability at all. Instead many prefer to look at it as a culture. The Deaf culture is made up of primarily deaf people who view their hearing loss as a different way of life. These people use their native tongue, American†¦show more content†¦The receiver can and will pick up on more than the words, but a real sense of what you are feeling. It portrays ones whole opinion, thought process, and self. Many hearing people still think ASL is made up of only the ma nual alphabet; nothing could be more wrong. ASL is made up of billions of signs, phrases, and anecdotes. There are signs for all kinds of genres; any word can be translated from word to sign. nbsp; The culture itself is one of proud close-knit individuals, who are reality based. These people tend to be more open, honest, and caring than hearing people who are concerned with fitting in. They have banded together for what they believe in, and so in a sense they are all family. nbsp; It is true that these people miss the sound of the ocean roaring, popcorn popping, or bacon sizzling. Many have never known what a roar, whistle, rumble, or voice sounds like. It is sad that these sounds and many others are not part of their everyday lives. Yet in the same sense, many hearing people miss out on the smiles and twinkling eyes that deaf people cherish and value. Many people think not being able to hear would be awful, separate, lonely, and boring. In reality it is not the hearing loss itself that creates the stigma, but the people who view deafness as a disability. nbsp; There are hearing people out there that feel it is very important to teach deafShow MoreRelatedThe Communication Barriers Of Deaf People972 Words   |  4 PagesOur world has changed so much, especially for Deaf people. Less than a century ago, the ability to text and email weren’t available, and communication between Deaf and hearing people seemed much harder. Deaf people became weary of interactions with hearing people, for fear of being scammed or cheated. People who were hearing and knew sign language were sparse. Love Is Never Silent shows the communication barriers and how, for a Deaf couple, they relied on their hearing daughter to be their ears inRead MoreLove Is Never Silent1191 Words   |  5 PagesDeaf Event For my American Sign Language class I needed to attend some type of Deaf event. The event I chose was the showing of Love is Never Silent on October 22nd from 6-8pm in Wiley Hall at the University of Minnesota. Love is Never Silent is a very touching and powerful television movie from 1985. This movie can help the hearing world get a look at what it is like to have family members that are Deaf. This movie was also probably an inspiration for Deaf people by how relatable it could beRead MoreThrough Deaf Eyes Reflection Paper1708 Words   |  7 PagesThrough Deaf Eyes Reflection Paper â€Å"Through Deaf Eyes† was a documentary that really opened my eyes and allowed me to understand just a small fraction of what it may be like for a Deaf person to live in a hearing world. The first thing that really stuck with me was the fact that the film was all silent. The part that made it easy for me to understand was the fact that there was closed captioning. All throughout the film, all participants, both Deaf and hearing, were signing at what seemed like lightningRead MoreThe Deaf Community of Puget Sound850 Words   |  3 Pagescompletely deaf. And even though there are many people that are deaf, many hearing people know little to nothing about how deaf people live. Delving into the silent world reveals a great deal about the deaf community, deaf culture, and the largest controversy in the Deaf community. One of the most crucial facts that hearing people must know about the Deaf community is that you don’t have to be deaf to be a part of the deaf community. â€Å"The Deaf Community is comprised of individuals, both deaf and hearingRead More American Sign Language Essay1675 Words   |  7 Pages In learning about the deaf culture I have taken on a new understanding about the people it includes. Through readings and the lessons, I have learned that being deaf has both its hardships and its blessings. The beauty of the language alone makes one want to learn all that he or she can about it. In this paper I will discuss the beauty of the language and the misconceptions the hearing world has about deafness. The deaf culture has often been labeled as the deaf- and- dumb culture. ThisRead MoreEssay about The Crying of Lot 493748 Words   |  15 PagesOedipas urge to decipher, and she sacrifices all--life, husband, lover, stability--to what becomes her cause celebrà ©:differentiating meaningful information from meaningless noise.And we come to understand that Oedipas urgent meaning--that quality of being Oedipa which separates and defines her--is the message she longs to extract from the chaos of signals around her; and that her generalized fear has solidified into a specific struggle to prevent this newly acquired self from disintegrating back intoRead MoreSign Language Is A Complex System Of Communication2007 Words   |  9 Pagespositions, and other gestures. Sign Language has played a signiï ¬ cant role in deaf and hard of hearing culture and is the major communication alternative for those whom are deaf or hard of hearing with a beautiful history of origin. Beings who were deaf did not have a voice to communicate with, but when Sign Language was created it gave said individuals a symbolic voice. Sign language started a new culture for the deaf and brought deaf people around the world together. Sign language is seen as an authenticRead MoreEssay about Carson McCullerss The Heart Is a Lonely Hunter1816 Words   |  8 Pages Everyone in this book is lonely as hell and they are looking for who they are. John Singer a deaf man who rents a room from the Kelly family and earns his living as a silver engraver. He is a confidant and comfort to Jake Blount, and Doctor Copeland, John Singers silent suffering and desolate loneliness are perhaps the most poignant of all. John Singer generously devotes himself to his compulsive deaf best friend, Spiros Antonapoulos. Jake Blount is an itinerant alcoholic vacillating between violentRead MoreEssay On Russa Chapter 11211 Words   |  5 PagesWhich statement? That you wish you were deaf? Allea glowered. Loki grinned. As quick as it had existed, the grin on Lokis face vanished. You dont really think that†¦ threat scares me. Graced with a serious expression, Loki leaned his chin against the back of his hand, resting his elbow on his knee as he scanned the agent. No, youre not that daft. What kind of muzzle would you like: leather or metal? Again, the grin appeared, a mix of silent amusement and a crazed snarl. You can stopRead MoreCommunication2433 Words   |  10 Pagescountries and different cultures would speak in a way we would not understand. Informal Communication is the opposite of formal communication. It is usually used when in face to face conversation with a friend or relative, the information that is being transmitted is often less detailed than it would be if you were in a formal situation. Informal communication is also used in e-mail, texts, and telephone conversations. The role of informal communication is to build relationships and encourage trust;

Insidier Information On Former Employer †Myassignmenthelp.Com

Question: Discuss About The Insidier Information On Former Employer? Answer: Introduction This paper examines the concept of ethical decision model (EDM) in the context of the Jimmy Griffith case study where he is hired by an e-commerce firm, after having worked for a Fake News online news company where standards and activities bordered on the unethical and criminal. After his first job with Hullaballo and the subsequent cases that happened there (databases hacked); Jimmy has found a new job with an e-commerce company where he is involved with a variety of projects. His job involves the dvelopment of web based user intterfaces for order entry for clients. Jimmy got this job because of his previous work in the Reaper data collection project where the company collected demographic information about clients for onward use for commercial gain. The system worked by ensuring people registering had to give a lot of unnecessary information, and the terms of the user agreement was that Hullaballoo reserved the right to sell of this information to third parties. This fulfilled a le gal requirement, but was not ethical. Jimmys bos quit and Jimmy acted in his capacity until a decision was made by the board. Of the three developers Jimmy works with, two are incompetent and he is forced not to revenw the contract for Dev A, who was incompetent, but hired by his former boss, Alec. Alec makes a unique (unethical) request to Jimmy to cancel a performance review and lie that Dev A had no issues with performance, requests that Jimmy declines. The project slips and is halted, and subsequently cancelled and the entire develop team is released. Jimmy finds another job eventually, after failing to get a job (interview cancelled) because of a bad rumour about him orchestrated by Alec. Jimmy now works for a competitor of the e-commerce company that hired him and the CEO invites him for lunch at an exclusive networking club. He is faced with another ethical challenge where he si required to release pricing secrets from his former employer and faces the prospect of working wit h Alec! Legal factors Factor 1: False information and collusion- Alec wants Jimmy to lie about the technical skills and competencies of Dev A, because he (Alec) would want to hire him in future and to retract the request for a performance review. Alec has also instigated damaging information about Jimmy that led to his intervew for a job being cancelled Factor 2; Theft of proprietary information from former employer - This is a serious legal issue ; while he has a new job with the prospects for personal growth and development, the CEO wants him to reveal the pricing secrets of his former employer when bidding; Jimmy knows being competitors, this is illegal as it amounts to theft. Being an ex employee, he would be stealing the former employers company secrets and handnh them over to his new employer for personal gain (career development). Given that the pricing formula is information that should be legally protected as it is not apparent or even easy to figure out by anyone else except employees. Further, knowledge on the pricing strategy by the former employee would result in legal inquests if there is suspicion, and this has happened with both large and small firms, resulting in conviction and legal compensation (Henricks, 2013) Professional factors Factor 3: Falsifying information on technical competence of a colleague: Alec wants Jimmy, through a closed meeting request, to say that there are no issues with the technical and professional competence of Dev A, which would be violating the ACS code of ethics that in terms of honesty, professionalism, and the primacy of public interest (ACS Code of Ethics, n.d) Factor 4: Insider report on former employer, especially on pricing model- The new boss, after inviting Jimmy to a sumptuous lunch in an exclusive club, asks him to make a detailed report on his former employer and the implied reward is for personal and professional (career) development operations and even nomination to the membership of the exclusive club where most people develop invaluable networks. Factor 5: He is facing the prospect of having to work with Alec, someone Jimmy knows to have issues with integrity, professionalism, and honesty (Aynsley, 2015). Alec has previously asked Jimmy to lie and act unethically and professionaly by not raising issues about the prfessional competence of Dev A and not to request for a performance review Factor 6: Refusal to act unethically on Alecs request: Jimmy refused unethical and unprofessional requests by Alec not to request for a performance evaluation and to lie about the professional competenece of Dev A, yet this factor led to a contract being halted and eventually cancelled. Employment and Social factors Factor 7: Offer for professional development and membership to exclusve club: Jimmy has just been offered the opportunity for career development, something he really needs given the past issues he has had to face leading to loss of his job. He will also get membership to the exclusve club which will help advance his career and social standing from the numerous networking opportunities. But there is a caveat; he is expected to give detailed insider information on his former employer to a competitor he is working for at present Personal factors According to the EDM, personal factors are looked in terms of personality and repreent aspects for a person environment that have an effect on their sense of morals and how one deals with issues regarding professional, employment, and social challenges. This study brings out some personal factors of jimmy Factor 8: refusing to be complicit in an unethical issue In the past, Alec has demonstrated his unprofessionalism, asking Jimmy to lie about the professional competence of a colleague and the need for a review to have closure on a cancelled project. Factor 9: Being employed based on performance for an unethical company- Jimmy got a second job with an e-commerce company based solely on his skills and work in the Reaper project, where customer details were captured using interfaces he developed. Yet the reaper project engaged in unethical behavior and were purveyprs of fake news. However, Jimmy has not picked the bad habits fro his intercations with past employers or colleagues with unethical behavior, including his new boss who has asked for a detailed report on his former employer. Intrinsic factors Factor 10: Professionalism and Ethical Standards; Jimmy has had several encounters that were unethical, and downright illegal. While working for the first employer, he was faced with an incomeptenet developer and bad work prcatices, for whichh he sought an audit. Despite being pushed to put the matter under wraps and lie about te professional cmpetence of a colleague, Jimmy declined such requests from Alec. These issues show that Jimmy observes and has ingrained in him, the provisions of the ACS code of conduct. He refuses to endeorse Dev A due to his observed incompetence; this is provided for in the ACS code of conduct on profesiionalis, honesty, and reverence for the primacy of public interest. SO he has done a lot to resist unethical practice, despite having a background working in an environment that was not particulalrly ethical (Hullaballoo). Prioritisation The list below prioritizes the issues raised and discussed in the analysis of the case study (part 2). The prioritization is a ranking of the issues from those that are of a higher priority to those of low priority. This hierarchical ranking is essential in better understanding of the ethical issues in the case and what should be done. Based on the EDM process, leagl issues are ranked highest because of its higher repercussions Factor Related Issue 1 Theft and sharing of proprietary information Information theft for personal gain 2 Lying and complicity in passing an incompetent person as being competent False information 3 Falsifying information and collusion to act unprofessionally False information 4 Obtaining and passing on insider information from a former employer to another party Information protection 5 Working with Alec despite past history of unethical bhavior and professional misconduct Professional development 6 Declining to collude in falsifying information and professional misconduct Work ethics and professional conduct 7 Professional and acreer development but with a requirement to share insider informaton from former employer Ethical dilemma 8 Refusing to be complicit in illegal and unprofessional/ unethical behavior Honesty and primacy of public interest 9 Professionalism and ethical standards are ingrained in Jimmy, despite working in environments that do not promote such behavior Professional ethics 10 Table 1: Priority List Decision Jimmy is faced with a huge decision to make; he has a chance for excellent career development at his new employer; he has even been promised nomination to an exclusive members club where he can network professionally and advance his development. However, he has to make a deyailed insider report on his former employer especially on pricing, which the competitor would use for future bidding strategies. This is coming from none other than the company CEO, which speaks volumes about the ethical and profesional culture at his new company. There is also the prospect of having to work with Alec again, which puts Jimmy in a huge moral dilemma, given his past experiences with Alec. Jimmy has had to deal with serious cases f professional misconduct that have in cases seen him lose a job ane be a victim of backk biting. Giving detailed insider infrmation from his former employer to a new employer may attarct legal and professional repercussions from the former employer and will inevitably get h im into more problems. Yet he has an excellent opportunitu for career and social development at the new employer, if only he cooperates with the Ceo and does something unethical, and bordering on the criminal. The best thing for Jimmy to do is to face up to the CEO and cordially raise his concerns with that kind of business approach Jimmy can give the CEO reasons for the same, including the risk of legal action (criminal and civil), that will cost the company much more. Jimmy should also indicate to the CEO about Alec and his past incidents with him and how this could affect their relationship. This disclosure may help persuade the CEO, and after all, Jimmy should convince the CEO that with his skills and past performances, even at Hullaballoo, they can still offer clients the solutions they need. However, if these fail, then Jimmy should decline the position and the club memmbership offer; job openings will inevitably and eventually come from firms that are ethical and offer Jimmy a real oportunity for professional and personal growth, without the threat of legal and ethical repercussions. Discussion The EDM model was applied to identify and rank issues and factors relating to the jimmy case scnario and made the decision that is most ethical and poses little or no danger now and in future, based on the rankings of the issues discussed. The important factor that are of interest in the case scenario include legal and professional issiues in the context of the ACS code of ethics, personal responsibility and what the law says. The important factors in case include the need to remain professional and ethical despite the circumstances; jimmy has consistently sought to be profesional and cat based on ethical principles; he declined to falsify information on Dev A, even at the insistence of Alec. He also asked for an evaluaton of performance, and remained cool, even when Alec blackmailed hime and led to his job interview being cancelled. The issues were prioritized based on their impact/ effect and the likelihhood of happening. Legal factors were given the higest priority because they ca n lead to fines and jail sentences, as well as getting banned from professional bodies. Information theft fr personal gain (career and social growth) became the most important legal factor and it was a major factor in influencing the final decision made. Some factors, such as personal and intrinsic issues were less important because their consequences in terms of legal and professional repercussions. For instance, being ethically inclined will not have as serious reoercusions as engaging in criminal acts Conclusions Jimmy got a job at an e-commerce firm, based on reputation for working for a non-ethical company. The boss (Alec) then resigned abruptly, but left staff that Jimmy continued to work with. Of the three developers, two had issues with competenec; Dev A was outright incompetent, while Dev B had challenges settling in and getting used to the work enviornment. This caused project slippage and halting of a project, that led to a client project being cancelled. Jimmy ensured the contract of Dev A was not renewed, and ordered an investigation; Alec nmade a strange request that Jimmy cancels the performance review and to lie that Dev A was competent. Jimmy refused such proposals, but at a cost, Alec instigated bad rumours about hime, eventually causing his job interview to be cancelled. Jimmy then got a new job with a competitor of his former employer and the CEO has now offered him an excelleny opportunity for carer growth, along with a chance for recommendation to membership at their exclus ivve club; this would offer him great opprtunities for networking and further professional growth. But the CEO wants Jimmy to give a detailed insider report on his former employer, which is both unethical and illegal. Further, the company will hire Alec. The decision reached is that Jimmy should raise his concerns cordially with the CEO and be hinest with him; if the CEO changes his mind, well and good, bt if not, then Jimmy should resign References 'ACS Code of Ethics' (n.d.). ACS Code of Ethics. [online] ACS Code of Business Ethics. Available at: https://www.acs.org.au/content/dam/acs/acs-documents/Code-of-Ethics.pdf [Accessed 15 Sep. 2017]. Aynsley, B. (2015). The importance of ethical conduct. [online] Theaustralian.com.au. Management at: https://www.theaustralian.com.au/business/technology/opinion/ethics-essential-for-ict-professionals/news-story/78307af0586683a61e7a0d537c5f6cf8 [Accessed 15 Sep. 2017]. Henricks, M. (2013). What Happens When an Ex-Employee Steals Company Secrets?. [online] OPEN Forum. Available at: https://www.americanexpress.com/us/small-business/openforum/articles/sue-an-ex-employee-for-stealing-company-secrets/ [Accessed 15 Sep. 2017].

Tuesday, May 5, 2020

United Nations Convention on the Law of the Sea free essay sample

From Wikipedia, the free encyclopedia Jump to: navigation, search For maritime law in general, see Admiralty law. United Nations Convention on the Law of the Sea Signed Location December 10, 1982 Montego Bay, Jamaica Effective Condition November 16, 1994[1] 60 ratifications parties 16012] The United Nations Convention on the Law of the Sea (UNCLOS), also called the Law of the Sea Convention or the Law of the Sea treaty, is the international agreement that resulted from the third United Nations Conference on the Law of the Sea (UNCLOS Ill), which took place from 1973 through 1982. The Law of the Sea Convention defines the rights and responsibilities of nations in their use of the worlds oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources. The Convention, concluded in 1982, replaced four 1958 treaties. UNCLOS came into force in 1994, a year after Guyana became the 60th state to sign the treaty. [l] To date, 158 countries and the European Community have Joined in the Convention. However, it is uncertain as to what extent the Convention codifies customary international law. While the Secretary General of he United Nations receives instruments of ratification and accession and the UN provides support for meetings of states party to the Convention, the UN has no direct operational role in the implementation of the Convention. There is, however, a role played by organizations such as the International Maritime Organization, the International Whaling Commission, and the International Seabed Authority (the latter being established by the UN Convention). Contents [hide] 1 Historical background 2 UNCLOS I 3 UNCLOS II 4 UNCLOS Ill 5 Part Xl and the 1994 Agreement 6 Signature and ratification 0 6. United States non-ratification References 9 External links [edit] Historical background International Ownership Treaties Antarctic Treaty System Law of the Sea Outer Space Treaty Moon Treaty International waters Extraterrestrial real estate The UNCLOS replaces the older and weaker freedom of the seas concept, dating from the 17th century: national rights were limited t o a specified belt of water extending from a nations coastlines, usually three nautical miles, according to the cannon shot rule developed by the Dutch Jurist Cornelius van Bynkershoek. All waters beyond national boundaries were considered international waters † free to ll nations, but belonging to none of them (the mare liberum principle promulgated by Grotius). In the early 20th century, some nations expressed their desire to extend national claims: to include mineral resources, to protect fish stocks, and to provide the means to enforce pollution controls. (The League of Nations called a 1930 conference at The Hague, but no agreements resulted. Using the customary international law principle of a nations right to protect its natural resources, President Truman in 1945 extended United States control to all the natural resources of its continental shelf. Other nations were quick to follow suit. Between 1946 and 1950, Argentina, Chile, Peru, and Ecuador extended their rights to a distance of 200 nautical miles to cover their Humboldt Current fishing grounds. Other nations extended their territorial seas to 12 nautical miles. By 1967, only 25 nations still used the old three-mile limit, while 66 nations had set a 12-mile territorial limit and eight had set a 200-mile limit. As of May 28, 2008, only two countries still use the three-mile limit: Jordan and Palau. [3] That limit is also used in certain Australian islands, an area of Belize, some Japanese straits, certain areas of Papua New Guinea, and a few British Overseas Territories, such as Anguilla. [edit] UNCLOS I In 1956, the United Nations held its first Conference on the Law of the Sea (UNCLOS l) at Geneva, Switzerland. UNCLOS I resulted in four treaties concluded in 1958: Convention on the Territorial Sea and Contiguous Zone, entry into force: 10 September 1964 Convention on the Continental Shelf, entry into force: 10 June 1964 Convention on the High Seas, entry into force: 30 September 1962 Convention on Fishing and Conservation of Living Resources of the High Seas, entry into force: 20 issue of breadth of territorial waters. [edit] UNCLOS II In 1960, the United Nations held the second Conference on the Law of the Sea (UNCLOS II); however, the six-week Geneva conference did not result in any new agreements. Generally speaking, developing nations and third world countries participated only as clients, allies, or dependents of United States or the Soviet Union, with no significant voice of their own. [edit] UNCLOS Ill Sea areas in international rights The issue of varying claims of territorial waters was raised in the UN in 1967 by Arvid Pardo, of Malta, and in 1973 the Third United Nations Conference on the Law of the Sea was convened in New York. In an attempt to reduce the possibility of groups of nation-states dominating the negotiations, the conference used a consensus process rather than majority vote. With more than 160 nations participating, the conference lasted until 1982. The resulting convention came into force on November 16, 1994, one year after the sixtieth state, Guyana, ratified the treaty. The convention introduced a number of provisions. The most significant issues covered were setting limits, navigation, archipelagic status and transit regimes, exclusive economic zones (EEZs), continental shelf Jurisdiction, deep seabed mining, the exploitation regime, rotection of the marine environment, scientific research, and settlement of disputes. The convention set the limit of various areas, measured from a carefully defined baseline. Normally, a sea baseline follows the low-water line, but when the coastline is deeply indented, has fringing islands or is highly unstable, straight baselines may be used. ) The areas are as follows: Internal waters Covers all water and waterways on the landward side of the baseline. The coastal state is free to set laws, regulate use, and use an y resource. Foreign vessels have no right of passage within internal waters. Territorial waters Out to 12 nautical miles from the baseline, the coastal state is free to set laws, regulate use, and use any resource. Vessels were given the right of innocent passage through any territorial waters, with strategic straits allowing the passage of military craft as transit passage, in that naval vessels are allowed to maintain postures that would be illegal in territorial waters. Innocent passage is defined by the convention as passing through waters in an expeditious and continuous manner, which is not prejudicial to the peace, good order or the security of the coastal state. Fishing, polluting, weapons practice, and spying are not innocent, and submarines and other underwater vehicles are required to navigate on the surface and to show their flag. Nations can also temporarily suspend innocent passage in specific areas of their territorial seas, if doing so is essential for the protection of its security. Archipelagic waters The convention set the definition of Archipelagic States in Part IV, which also defines how the state can draw its territorial borders. A baseline is drawn between the outermost points of the outermost islands, subject to these points being sufficiently lose to one another. All waters inside this baseline are designated Archipelagic Waters. The state has full sovereignty over these waters (like internal waters), but territorial waters). Contiguous zone Beyond the 12 nautical mile limit there was a further 12 nautical miles or 24 nautical miles from the territorial sea baselines limit, the contiguous zone, in which a state could continue to enforce laws in four specific areas: pollution, taxation, customs, and immigration. Exclusive economic zones (EEZs) Extends from the edge of the territorial sea out to 200 nautical miles from the aseline. Within this area, the coastal nation has sole exploitation rights over all natural resources. In casual use, the term may include the territorial sea and even the continental shelf. The EEZs were introduced to halt the increasingly heated clashes over fishing rights, although oil was also becoming important. The success of an offshore oil platform in the Gulf of Mexico in 1947 was soon repeated elsewhere in the world, and by 1970 it was technically feasible to operate in waters 4000 metres deep. Foreign nations have the freedom of navigation and overflight, subject to the egulation of the coastal states. Foreign states may also lay submarine pipes and cables. Continental shelf The continental shelf is defined as the natural prolongation of the land territory to the continental margins outer edge, or 200 nautical miles from the coastal states baseline, whichever is greater. States continental shelf may exceed 200 nautical miles until the natural prolongation ends. However, it may never exceed 350 nautical miles from the baseline; or it may never exceed 100 nautical miles beyond the 2,500 meter isobath (the line connecting the depth of 2,500 meters). Coastal states have the right to harvest mineral and non-living material in the subsoil of its continental shelf, to the exclusion of others. Coastal states also have exclusive control over living resources attached to the continental shelf, but not to creatures living in the water column beyond the exclusive economic zone. Aside from its provisions defining ocean boundaries, the convention establishes general obligations for safeguarding the marine environment and protecting freedom of scientific research on the high seas, and also creates an innovative legal regime for controlling mineral resource xploitation in deep seabed areas beyond national Jurisdiction, through an International Seabed Authority and the Common heritage of mankind principle. 4] Landlocked states are given a right of access to and from the sea, without taxation of traffic through transit states. [edit] Part Xl and the 1994 Agreement Part Xl of the Convention provides for a regime relating to minerals on the seabed outside any states territorial waters or EEZ (Exclusive Economic Zones). It establishes an International Seabed Authority (ISA) to authoriz e seabed exploration and mining and collect and distribute the seabed mining royalty. The United States objected to the provisions of Part Xl of the Convention on several grounds, arguing that the treaty was unfavorable to American economic and security interests. Due to Part X, the United States refused to ratify the UNCLOS, although it expressed agreement with the remaining provisions of the Convention. From 1983 to 1990, the United States accepted all but Part Xl as customary international law, while attempting to establish an alternative regime for exploitation of the minerals of the deep seabed. An agreement was made with other seabed mining nations and licenses were granted to our international consortia. Concurrently, the Preparatory Commission was recognized claims by applicants, sponsored by signatories of the Convention. Overlaps between the two groups were resolved, but a decline in the demand for minerals from the seabed made the seabed regime significantly less relevant. In addition, the decline of Socialism and the fall of Communism in the late 1980s had removed much of the support for some of the more contentious Part Xl provisions. In 1990, consultations were begun between signatories and non-signatories (including he United States) over the possibility of modifying the Convention to allow the industrialized countries to Join the Convention. The resulting 1994 Agreement on Implementation was adopted as a binding international Convention. It mandated that key articles, including those on limitation of seabed production and mandatory technology transfer, would not be applied, that the United States, if it became a member, would be guaranteed a seat on the Council of the International Seabed Authority, and finally, that voting would be done in groups, with each group able to block decisions on substantive matters. The 1994 Agreement also established a Finance Committee that would originate the financial decisions of the Authority, to which the largest donors would automatically be members and in which decisions would be made by consensus. [edit] Signature and ratification ratified signed, but not yet ratified did not sign Opened for signature.