Mystic Monk Coffee Essay

1. Has Father Daniel Mary set up a future heading for the Carmelite Monks of Wyoming? What is his vision for the religious community? What is his vision for Mystic Monk Coffee? What is the crucial the Carmelite Monks of Wyoming? Father Daniel Mary Has Established a future heading for the Carmelite Monks of Wyoming. His vision for the religious community is to change their little fraternity of 13 living in a little home utilized as an improvised parsonage into a 500-section of land cloister. His vision to gain the Irma Lake Ranch for them to give lodging to 30 priests, have a retreat community for lay guests, fabricate a Gothic church, have a religious circle for Carmelite Nuns, and an isolation. Father Daniel Mary’s vision for Mystic Monk Coffee is to limit the impact of isolated ascetic requirements and for it to be a more grounded wellspring of pay for the priests to get the Irma Lake Ranch. The Mission of the Carmelite priests of Wyoming is to have the option to build the quantity of priests to 30 who will experience their lives in the religious community who comprehends the truth of the pledges of dutifulness, modesty, and destitution and the penances related with carrying on with an isolated stri ct life. 2. Does it create the impression that Father Daniel Mary has set unmistakable goals and execution focuses for accomplishing his vision? Father Daniel Mary has not set distinct goals and execution focuses to accomplish his vision. He and the priests have just made advances augmenting the span of Mystic Monk Coffee yet it isn't sufficient to help the vision of obtaining Irma Lake Ranch. They need to set up explicit projects to truly broaden the compass of Mystic Monk Coffee to have more customers, hence expanding benefit. Through this, they become all the more closer in accomplishing their vision of changing their current home to the â€Å"New Mount Carmel†. 3. What is Father Prior’s system for accomplishing his vision? What upper hand may Mystic Monk Coffee’s methodology produce? In accomplishing his vision, Father Prior look for the assistance of Carmelite Supporters in planning to construct a network for God. In doing as such, his upper hand is having his Catholic supporters his objective market careful expression of the mouth and through their site. With its intrigue to its supporters in utilizing â€Å"use their Catholic espresso dollar for Christ and his catholic church†, it urges their supporter to help the reason as well as make them consider it to be a method of providing for Christ. 4. Is Mystic Monk Coffee’s procedure a cash producer? What is MMC’s plan of action? What is your appraisal of Mystic Monk Coffee’s client incentive? its benefit equation? its assets that empower it to make and convey an incentive to clients? Spiritualist Monk’s Coffee technique is a cash creator. With the given diagram of the espresso business in excess of 150 million individuals expend espresso in the United States alone. Since 89% want to mix their espressos than buy prepared to-drink espresso. With a 11% net benefit rate the espresso business will clearly increment after some time. Spiritualist Monk Coffee plan of action is to expand their creation by buying a bigger roaster for their developing interest and offering discount espresso to neighborhood houses of worship and cafés. Spiritualist Monks Coffee has great items that empower them to have an effective client offer. Offering top notch reasonable exchange Arabica beans that creates an assortment of flavors to their clients, they give their clients better alternatives and a chance to their common site administrators commissions on its deals through its Mystic Monk Coffee Affiliate Program that set web pennant promotions and text advertisements on taking an interest sites and give them 18% commission. Taking everything into account their assets and plans not just empower them to make and convey the worth that their clients merit yet it is additionally a methods for the Carmelites to help their locale and their causes from the outside world. 5. Does the methodology qualify as a triumphant technique? Why or why not? The methodology can't be considered as a triumphant technique. The espresso business has been developing for as far back as seven years, and with Mystic Monk’s comparableâ prices of espresso sacks to the retail costs, Mystic Monk’s espresso can exploit this situation to procure more benefits to have the option to extend their market and at last their business and get the land. Spiritualist Monk additionally utilized an ease publicizing technique where their espressos advanced through verbal exchange among their reliable clients and Catholic supporters and the utilization of their site, anyway they are just catching the Catholic populace. With their arranged obtaining of a roaster with a bigger limit, Mystic Monk will have the option to create more espresso once request later on increments, subsequently the requirement for an increasingly productive market infiltration. 6. What proposals would you make to Father Daniel Mary as far as creating and executing system for the monastery’s espresso tasks? Are changed required its drawn out way? its goals? its methodology? its way to deal with technique execution? Clarify. We prescribe Father Daniel Mary to grow the range of their item. Aside from their forceful on the web, phone , church and nearby coffeehouse deals, they should exploit providing the espresso to cafés, shopping centers, grocery stores and bazaars. They could likewise set up a store in the religious community where individuals regularly proceed to can promptly buy the espresso. Taking into account that the Catholic populace is the biggest in the US, they can build up a gathering of individuals who are happy to chip in and sell the espresso over the US. Through this, their conviction is shared to the volunteers. In addition, since it was referenced that a large portion of their time is spent on supplication or morning and Vesper administrations which constrains the creation time, they can recruit help and furthermore cover for volunteers who can trade them during these occasions for a progressively proficient creation of espresso.

Nelson Mandela a Transformation Leader

Nelson Mandela A Transformation Leader This week we are approached to examine a conspicuous pioneer that we respect, Nelson Mandela was a simple decision for me. A viable pioneer as indicated by the content is â€Å"someone who works with, inspires, and causes supporters to accomplish their regular hierarchical goals† (Weiss, 2011, p. 234). This definition is valid for Mandela and his transformational authority style has affected his supporters and the individuals around him. I think he is a transformational pioneer that numerous pioneers ought to move to turn out to be more like.Mandela utilized his moral, alluring, position to move his country to change and embodies transformational initiative. The four qualities of a transformational pioneer, alongside different attributes like charm, morals, and being a hireling are completely typified in the administration of Mandela and make him a genuine motivation. A transformational pioneer as indicated by the content â€Å"influence , move and recently change devotees to accomplish authoritative objectives past their self interest’(Weiss, 2011, p. 1). Nelson Mandela liberated South Africa from the arrangement of bigotry and brutal bias to support the entire country. He frequently said that â€Å"Courage isn't the nonappearance of fearâ€it's moving others to move past it†(Stengel, 2008, standard. 5). This is one of the significant parts of a transformational pioneer, the capacity to move others. He utilized his helpful inspiration to center endeavors and join the whole country. Nelson consumed his time on earth being the good example he needed others to follow.When he escaped prison he incorporated the individuals he detested, for example, his corrections officers and the individuals that detained him in his bureau since he knows the significance of lifting others. One article expressed that Mandela did this in light of the fact that â€Å" administration isn't tied in with helping the individu als who as of now love you to cherish you more †it’s about persuading the individuals who question you that you can be trusted† (Barling, 2010, p. 3). This is the case of romanticized impact that Mandela used to be a transformational pioneer. He likewise gave individualized thought to the individuals that he leads.Mandela was a very involved pioneer, he set aside the effort to gain proficiency with the Afrikaans language so he could speak with them. As per Stengel â€Å" By communicating in his adversaries' language, he may comprehend their qualities and shortcomings and plan strategies as needs be. However, he would likewise be charming himself with his enemy† (2008, standard. 18). Nelson would go to memorial services and call individuals on there birthday celebrations. In utilizing the individual methodology with his supporters he exhibited the qualities of individualized thought in transformational leadership.He additionally has the last trait of a tran sformational pioneer, scholarly recreation. Mandela helped individuals even while he was detain. He urged different detainees to instruct themselves. He likewise assisted with pushing the opportunity sanction. Mandela shared his insight and keeping in mind that he was in jail he would likewise utilize his training as a legal counselor to assist the corrections officers with their legitimate issues. Mandela utilized his authority style to carry changes to his nation even to the detriment of his opportunity. Mandela likewise shows the characteristics of a hireling leader.From the earliest reference point he had one objective of joining both white and dark Africans to benefit the country, Nelson’s essential objective was helping other people. He additionally was a decent audience and would regularly be the last one to talk in meetings he had with his bureau, he realized that letting others think they were driving was frequently the most ideal approach. He roused others through t rust when he permitted similar individuals that detained him to be a piece of his administration. He progressed in the direction of possible objectives and when he understood it was not practical he let it go.For model Nelson needed to change the democratic age to fourteen however when he understood that he didn't have bolster he let the issue go realizing it would simply be an exercise in futility. Mandela consistently helped individuals, even in prison he helped superintendents and different detainees. Nelson utilized his insight to help individuals and anticipated nothing consequently. Another incredible trademark was he is bona fide, what you see is the thing that you get. Nelson Mandel is a transformational pioneer with moral, appealling, and worker attributes that helped change a country with an authority style that was sacrificial and committed.He is the case of a pioneer that I would endeavor to resemble. Having an alluring, moral picture has helped him arrive at objectives that others thought would not be conceivable. I would endeavor to be as rousing as he has been in a portion of the predicament he has confronted. I believe that he shows how positive a transformational pioneer can be for a nation. References Barling, J. (2010) Transformational Leadership. Recovered from http://www. iedp. com/Pages/DocumentManager/Transformational%20Leadership%20by%

Meet the SIPA community COLUMBIA UNIVERSITY - SIPA Admissions Blog

Meet the SIPA community COLUMBIA UNIVERSITY - SIPA Admissions Blog There are many reasons people choose to apply and come to SIPA one of the main reasons is the people who make up the SIPA community.   Students come here with a set of experiences and they leave here with another set of experiences; coupled with experiences they gain once they leave Stir in some solid academics, resources and networks and you have the making of an influential global leader. But it all starts with a visit to the Columbia campus in New York throughout the year prospects meet with current SIPA students, speak with faculty and discuss opportunities with administrators.   Then they leave and find themselves crossing paths with alumni in Paris, Jakarta, Oklahoma City, Seattle, Perth, and Nairobi.   And before you know it, you want to be a part of the family.   However, if you want to go stealth, its best not to mention SIPA (and definitely do not carry a SIPA bag) because you will find yourself in conversation with another fellow seeple, where ever you are in the world. Admission decisions have gone out to many and the connections being made are in full bloom.   We have connected hundreds of newly admitted students with alumni around the world and soon they will be getting together in person to have a drink or a meal.   Just last week, we had the opportunity to meet some of our newly admitted students in San Francisco.   They attended a lecture on Corruption in Latin America presented by one of SIPAs newest faculty, Professor Paul Lagunes   alumni and staff were also in attendance bringing the community together on the west coast. Were looking forward to meeting our newest students in New York next week at Admitted Students Day many flying in from other continents.   The meet and greets continue with other social and academic driven events around the world in the next few months until the students arrive to start their adventure at SIPA in August. SIPA provides committed students with the necessary skills and perspectives to become responsible leaders. In 1954, students hailed from six countries outside the United States and graduates worked in 17 different nations. Today, nearly half of SIPAs 1,200 students are from outside the United States and the Schools 18,000 alumni work in more than 155 nations around the globe. The connections at SIPA are strong and expanding.

Qualcomm - 1429 Words

1. QUALCOMM Inc. QUALCOMM Incorporation was incorporated in 1985. It manufactures and markets digital wireless telecommunications facilities and products. These products and services are based upon code division multiple access (CDMA) technology. This company is listed in the Fortune’s List of top 100 companies, which have the best environment to perform work. It has almost 20,000 employees. There are four segments, in which company is operating: 1- QCT (Qualcomm CDMA technology) 2- QTL (Qualcomm Technology Licensing) 3- QWI (Qualcomm Wireless and Internet) 4- QSI (Qualcomm Strategic Initiatives) 2- Porter’s Five Forces of Qualcomm 2.1- Threat of Suppliers I. For the purpose of manufacturing,†¦show more content†¦It may have an influence upon the revenue of company, because it is earning most of its revenue in this region. 2- They are mainly focusing upon low price technology, and they have low price semiconductors as compared to their competitors. But now people are more quality conscious. They are more concerned about the high quality rather than to lower prices. 3- Many multinational companies like Intel, IBM, Acer with low price and high quality are also entering rapidly into the Asia region; this has increased the competition for the Qualcomm. 4- IBM and Intel have a strong position in the market of North America and Europe, and it is very difficult for the companies like Qualcomm to survive in these regions. It is merely impossible for the Qualcomm to compete with the strategy of lower prices and lower quality. 5- RECOMMENDATIONS Here are some of the recommendations for the company: 1- Decentralization 2- Motivation 3- Innovative Technology 4- Flexibility 5- Transferability of Knowledge 6- Reorganization 7- Partnership 8- Outsourcing 5.1- Decentralization: Qualcomm should adopt the strategy of decentralization of management. It should not use the hierarchical system; rather it should get all the employees involved in the strategic decisions of the management. Because when more brains get assemble, they present best idea for theShow MoreRelatedSwot Analysis Of Qualcomm Company s Information And Competitive Advantage897 Words   |  4 Pages QUALCOMM Company’s Information and Competitive Advantage Karthik Dussa FALL MGMT 572 Securities Analysis Professor Sonny Gokhale September 15, 2017 Company Business: Qualcomm Incorporated (QCOM: NASDAQ) manufactures, develops and markets digital wireless communications equipment. Founded in 1985, with company headquarters located in San Diego, California, Qualcomm has 30,500 employees globally. With Mr. Steven M. Mollenkopf as CEO Director and Mr. Derek K. Aberle as presidentRead MoreQualcomm1422 Words   |  6 Pages1. QUALCOMM Inc. QUALCOMM Incorporation was incorporated in 1985. It manufactures and markets digital wireless telecommunications facilities and products. 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The Spanos family, owners of the franchise, recently proposed the new development to the people of San Diego. The existing home to the Chargers, Qualcomm Stadium, is severely outdated according to a report by Liam Dillon for the website Voice of San Diego titled â€Å"What’s Broken at Qualcomm Stadium.† Due to the significant issue with Qualcomm Stadium, executives for the Chargers anticipated building an entirely new, state of the art stadium rather than renovating the one that stands today (Dillon)Read MoreManagerial Accounting. Qualcomm Incorporated And Broadcom1157 Words   |  5 PagesManagerial Accounting Qualcomm Incorporated and Broadcom Limited are two companies operating in the semiconductor industry. Qualcomm Incorporated was incorporated in 1985 and it develops and supplies different digital communication technology products for cellular wireless applications. 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Right to Information Essay Example Pdf - Free Essay Example

Sample details Pages: 9 Words: 2736 Downloads: 4 Date added: 2017/06/26 Category Law Essay Type Essay any type Level High school Tags: Human Rights Essay Information Essay Did you like this example? à ¢Ã¢â€š ¬Ã…“When freedom of expression is put to use by the mass media, it acquires an additional dimension and becomes freedom of information.à ¢Ã¢â€š ¬Ã‚ [1] In the post modern world of technology information plays an important role. From the classified document leak by Julian Assange to the alleged snoop by the US government, information has started to become an powerful tool. So much powerful that it can single handedly topple most powerful democracies. Don’t waste time! Our writers will create an original "Right to Information Essay Example Pdf" essay for you Create order Hence it is necessary to regulate such disposition of information. In India, in this regard, The Right to Information Act was enacted on 12th October, 2005. At the rudimentary stage of this legislature, high hopes were attached to it and it was often referred to as anti-corruption tool. Unlike the other common law and non common law legal systems it took lesser time to incorporate and fully implement this right to information. But efficiency does not always bring in comprehensiveness, hence certain loop holes lingered through the Act. What is Right to Information? In modern democracies it is essential for the citizen to be informed about the affairs of the government and its socialist policies. For a healthy democratic system it is essential that the citizenry remains well informed and impregnated with the idea of government being à ¢Ã¢â€š ¬Ã…“for the people, by the people and of the peopleà ¢Ã¢â€š ¬Ã‚ [2]. As said by Jeremy Bentham à ¢Ã¢â€š ¬Ã…“Secrecy, being an instru ment of conspiracy, ought never to be the system of a regular governmentà ¢Ã¢â€š ¬Ã‚ [3]. Hence this right is recognised by various governments of the world. In India, this right is considered to be an offshoot of the à ¢Ã¢â€š ¬Ã…“Freedom of Speech and Expressionà ¢Ã¢â€š ¬Ã‚  imbibed in Article 19(1) (a) of the Indian Constitution. As Bhagwati, J. observed that à ¢Ã¢â€š ¬Ã…“the concept of an open Government is the direct emanation from right to know which seems to be implicit in the right of freedom of speech and expressionà ¢Ã¢â€š ¬Ã‚ [4]. Also the Supreme Court in multiple cases has recognised that freedom of Speech and Expression also includes right to receive and impart information[5] though it needs to be construed with respect to public security[6]. It also applied this doctrine for the public good, making him more than an insignificant spare part, one such example being decriminalise the democratic system of election[7]. The primary reason of recognition of thi s right was the importance of transparency during governmental transactions and building a sort of fiduciary relationship between the three organs of the state and the people it governs. In the case of Reliance Petrochemical Ltd V. Indian Express Newspapers Bombay (P) Ltd.[8] it was equated to Right to Life mentioned in Article 21 of the Constitution. Hence the stance of Supreme Court reflected the innate character of the Right to Information. It is necessary for the people to acquire information for proper functioning of the State as no democratic government can survive without an empowered citizenry[9]. Right to Information: Evolution In 1948, the United Nations enacted the Universal Declaration of Human Rights consisting of the basic rights needed for subsistence[10]. Further it was given a more specific form in the International Covenant for Civil and Political Rights, 1966 as it states à ¢Ã¢â€š ¬Ã…“freedom of opinion and expression includes freedom to hold opinio n without interference and to seek, and receive and impart information and ideas through any media regardless of frontiersà ¢Ã¢â€š ¬Ã‚ [11]. In India though the preamble, inter alia, secures its citizen the freedom of opinion and expression but this was mentioned explicitly nowhere which was often reprimanded by various jurists. Keeping in view of this, the demand for formulating the right to information gained momentum in 1990s. The Law Commission of India[12] along with other authorities further divulged the need for legislation dealing with access to information. This resulted in the formulation of at the State level The Maharashtra Right to Information Act, 2002 and at the national level The Freedom of Information Act, 2002. The former was only applicable to Maharashtra and the latter legislation was toothless and lacked the vigour to weaponize information to counter corruption. Hence in this regard the National Advisory Council suggested certain changes relating to establi shment of an appellate authority, penalising the failure to provide information and ensuring least restrictions on disclosure of information. Therefore to implement these recommendations the Indian Parliament formulated the Right to Information Act, 2005(hereinafter à ¢Ã¢â€š ¬Ã‹Å"Actà ¢Ã¢â€š ¬Ã¢â€ž ¢).The aim of this act is to secure information under the control of public authorities and to promote accountability and transparency and control corruption[13] by constituting separate investigative body specific to this issue, unlike previous agencies i.e. CBI and CVC. Provisions of the Act The term à ¢Ã¢â€š ¬Ã‹Å"informationà ¢Ã¢â€š ¬Ã¢â€ž ¢ is defined in 2(f) of the Act which includes documents, emails, opinion, circulars, models, samples etc stored both in electronic and non electronic form which can be accessed by any public authority. There have been conflicting instances between the right of citizen to have access to information and adverse consequences that may follow w ith divulgence of such information. In these situations often the latter prevailed over the former[14]. Unlike US[15], this act is only applicable to citizen and conveniently excludes the non-citizens[16]. This limits it scope and goes against the cosmopolitan nature of trade. Though freedom of speech and expression is limited to citizen but Right to information being a means to end but not an end itself is quite distinctive of it. The constitution provides certain rights to non-citizen and in meaningful protection of these; a limited Right to Information is required. Also various alien organisations have in past acquired information indirectly, contradicting the scope of 3. Further the procedure from obtaining the information is mentioned in 6 of the Act. This provision states that information can be procured through electronic or offline mode. It also suggests that it can be procured by writing in Hindi or English or any other official language to Public information Officer (PIO). A nominal fee is required to be paid (in case of above poverty line[17]) and personal information to the extent of contacting such person is to be given[18]. From the bare verbatim, it can be inferred that, it tries to include a large number of stakeholders. The voluntary disclosure clause[19] obligating any Public Authority on suo motto bases to disclose certain vital information tends to produce and support in building a good rapport between the stakeholders. The term à ¢Ã¢â€š ¬Ã‹Å"public authorityà ¢Ã¢â€š ¬Ã¢â€ž ¢ is mentioned in 2 (h) of the Act. It includes all the State authorities as well as its intermediaries, scope of which is still expanded by courts[20]. In case of dispute resolution, various National and State Information Commissions are established, the power of which are mentioned in Chapter V of the Act. This includes the power to enable a citizen seeking information rejected by the authorities or declare any condition put forth by such authorities as invalid, a lso the power to act as a civil court etc. Hence it can be said that these commissions enjoy wide powers when dealing with information procurement. But such commissions are not free from Government control since these are constituted by it and headed by the Chief Executive and other personnel of quasi- executive character[21]. For selection of the Chief Information Commissioner a committee of Prime Minister, Cabinet Minister and Opposition Party is to be formed[22]. Over representation of the ruling party may lead to arbitrary decision making as has been the recent appointment fiasco of CVC[23]. Hence it is indispensible to have separate appointment council free from encumbrance of conflict of interest. Practical aspect of the Act This Act has changed the working of public authority. It is a revolutionary legislature and various bona-fide information seekers have found solitude against the otherwise non-active or lackadaisical public authorities. Now these authorities are more vigilant, active and cautious in wake of the penal provisions in the Act. In one case an RTI was filled against the passport authorities asking the reason for delay of the passport for more than one year, despite the fact all the documents and formalities were fulfilled[24]. Not satisfied by the reply, an appeal was filed and the appellant authority decreed in the favour of the appellant along with compensation, asking the authorities to dispose off the application and forming a commission to look into the process of application. Further it has led to uncovering of various skeletons in the closet[25], like the 2G scandal[26] or the Adarsh building scandal[27]. It has gained popularity among the masses[28] and is used as a tool against oppression. This path to pursue information has also resulted in murder of various RTI activists[29], reflecting the inability of the State authorities to protect them. But these powers have also been misused by people seeking unnecessary or irrelevant information, using the veil of RTI activists for furthering their personal vendetta and vengeance[30]. Since 4(2) states that a person requesting information need not furnish reasons for sorting such information, resulting in asking of absurd or uncalled for questions under the Act. In order to get relevance, these people have asked very embarrassing question serving no purpose[31], unhindered by the fact that answering such questions may lead to wasting of time[32], which can otherwise be channelized in replying legitimate queries. The term à ¢Ã¢â€š ¬Ã‹Å"informationà ¢Ã¢â€š ¬Ã¢â€ž ¢ is not exhaustive, since, à ¢Ã¢â€š ¬Ã‹Å"any materialà ¢Ã¢â€š ¬Ã¢â€ž ¢ used in 2(f) is capable of being interpreted as being too vague. It contains more provisions relating to the form in which material is found and not the actual contents derived from such form. Hence is lightens the line between private and a public information. Further it deals with the public authorities only who fi nd reference in the Act and therefore, if a private body has in possession vital information, such cannot be obtained without the interference of a public authority or a government instrumentality[33]. The Act defines what amounts to à ¢Ã¢â€š ¬Ã‹Å"right to informationà ¢Ã¢â€š ¬Ã¢â€ž ¢ as to the information held by or under the control of any public authority and such information must be accessible to such authority. Hence it invariably depends on ability of the authority to have access to such information. Conclusion/Recommendations It can be said that a system of checks and balances is to be evolved to serve the true purpose of the Act. This should not merely be a tool in the hands of overenthusiastic RTI activists putting up irrelevant questions. Further people should be encouraged and enlightened relating to the process of the filing a RTI application. The Central and the State Information Commission should not err in punishing the infringing authorities and protect th e applicant from harassment by the authorities[34]. A system of initial screening should be put in place so that only the relevant applications are dealt with and Frivolous ones are rejected. Though this system is prevalent at the National level, it must also be replicated at the State level. Also since the volume of applications is higher at the State Information Commission, it is imperative that its infrastructure is upgraded[35]. The time limit imposed for disposition of application is only applicable to PIO and not at the appellate stage leading to lacuna[36], defeating the very purpose of law. In case of appointment, unanimous rather than majority decision should be made mandatory or an expert can be made part of such a decision making process[37]. Though the Supreme Court has made it necessary for Commissions to have one judicial member[38], this has transformed them into tribunals and hence distanced information out of the purview of common man. At the applicability stage, both the SIC and CIC are independent of each other, hence it violates the doctrine of stare decisis[39]. Provisions should be made for realisation of penalty and enforcement of decisions of Commissions[40].Further there should be uniformity in the fee structure[41]. The voluntary disclosures is not complied with by the authorities resulting in pilling up applications in PIO offices[42].A separate act protecting Whistle blowers need to be enacted[43] like US[44] and UK[45]. The Act seems to focus on the procedural aspects[46], resulting in effective implementation rather than relying on a stagnant existence of various bodies which are expected to control the implementation of the Act. Its scope has been expanded to include multiple authorities like political parties[47], office of Chief Justice of India etc. It has evolved into an anti-thesis of corruption and colonial governance. Page 1 of 7 [1] Indian Express Newspapers (Bombay) Pvt. Ltd. V. Union of India, (1985) 1 SCC 641. [2] Abraham Lincoln in his Gettysburg Address, www.en.wikipedia.org./wili/Gettsburg.Adress. Accessed on 01 April, 2015. [3] www.fipa.bc.ca/libray/public_Education/quotes,htm. Accessed on 01 April, 2015. [4] State of U.P V. Raj Narian (1975) 4 SCC 428. [5] Ministry of Information and Broadcasting, Govt. of India v. Cricket Association of Bengal, (1995) 2 SCC 161. [6] Mathew J. in Supra Nt. 2. [7] Union of India v. Assn. for Democratic Reforms, (2002) 5 SCC 294 and also in Peopleà ¢Ã¢â€š ¬Ã¢â€ž ¢s Union for Civil Liberties (PUCL) v. Union of India, (2003) 4 SCC 399. [8] (1988) 4 SCC 592. [9] S.P Gupta V. Union of India, 1981 Supp. SCC 87. [10] Also in Article 13 of American Convention on Human Rights and Article 10 of European Convention on Human Rights. [11] Article 19 of this Covenant [12] In its 179th Report. [13] As stated in the Preamble on the Act. [14 ] As 2(f) is subject to 8 of the Act, stating the grounds of refusal to disclose information. Also in S.R. Goyal vs. PIO, Services Department, Delhi (Appeal No.CIC/WB/A/20060523, dated 26/3/2007), [15] Freedom of Information Act. [16] 3 of the Act [17] Shama Parveen vs. National Human Rights Commission (Appeal No.CIC/OK/2006/00717, dated 18/4/2007) [18] Madhu Bhaduri vs. Director, DDA (Complaint No. CIC/C/1/2006, dated 16/1/06) [19] 4 of the Act [20] Indian Olympic Association v. Veeresh Malik, W.P. (C)No. 6129/2007 (May 14,2010). [21] Alarm bells rings for RTIà ¢Ã¢â€š ¬Ã‚ , The Hindu, Hubli [ED.], 18 Oct 2012.p.9. [22] 12 of the Act [23] à ¢Ã¢â€š ¬Ã…“Supreme Court strikes down Thomas appointment as CVC; The Hindu, 3rd March,2011. [24] Ajay Kumar Jain v. Regl. Passport office, No, CIC/OK/ A/2008/00001, dated 31-7-2008. [25] www.ibnlive.in.com/news/who-killed-rti-activistmasood/176421-3html. Accessed on 01 April, 2015. [26] RTI of Subramanium Swami led to arrest of A.Raja, at www.janataparty.org. Accessed on 01 April, 2015. [27] RTI of Santosh Dundikar led to uncovering of this scam, at www.ritinda.org. Accessed on 01 April, 2015. [28] From 249 appeals and complaints pending before the CIC in the month of April 2006, now the number has gone up to 2700 in the month of August 2010, available at www.cic.gov.in.com. Accessed on 01 April, 2015. [29]Last year more than 10 RTI activists were murdered, available at Vidya Subrahmaniam, à ¢Ã¢â€š ¬Ã…“RTI information sought by whistle-blowers, since killed, to be made Publicà ¢Ã¢â€š ¬Ã‚ , The Hindu, Hubli [Ed.], 5 October 2011.p.14. [30] No misuse of the provisions of the Act to settle personal scores in Sabu Kuriakose v. N.C.E.R.T. (Decision No.CIC/OK/A/2006/00485, dated 21/2/2007) [31] Dr. Ajay Kumar Jain , The Right to Information Act, 2005- Use Misuse, SCC Online, (2011) PL Feb. S-35, Pg. S-36. [32] R.K Chauhan v. North Delhi Municipal Corp., Delhi, CIC/D S/A/2013/001038-YA. [33] K. Sangeetha; A Critique on the Law of Information, SCC Online, (2006) LW (JS) 46. [34] Though circulars issued in this regard needs to be implemented, No. 4/9/2008- IR, Government of India, Ministry of Personnel, Public Grievances and Pensions, New Delhi, dated 24-6-2008, at www.rti-gov.in. [35] PRIA Report titled à ¢Ã¢â€š ¬Ã…“Tracking Rights to Information in Eight Statesà ¢Ã¢â€š ¬Ã‚  showed the meagre amount spent by state, available on www.pria.org/project/governance.projects.com Accessed on 30th March, 2015, also in Paramveer Singh v. Panjab University (CIC/OK/A/2006/00016,dated 15/6/06), [36] From Opening Balance at 486 on April, 2006 to Closing Balance at 20232 on August, 2011, can be accessed on www.cic.gov.in.com . Also at à ¢Ã¢â€š ¬Ã…“RTI: Division Benches Proposedà ¢Ã¢â€š ¬Ã‚ , The Hindu, Hubli[Ed.], 20 July 2011.p.3. [37] Alarm bells rings for RTIà ¢Ã¢â€š ¬Ã‚ , The Hindu, Hubli [ED.], 18 Oct 2012.p.9. [38] A Recent S upreme Court Ruling Could Kill RTI, Forbes India, 3rd Oct, 2012. [39] Important for single hierarchy of judiciary. [40] Just about 20 percent of total penalties imposed by the Commission are recovered, Subhash Agarawal, à ¢Ã¢â€š ¬Ã…“Achivements of RTI Actà ¢Ã¢â€š ¬Ã‚ , www.cic.gov,in ,accessed on 30th March, 2015. [41] Dr. Jeet Singh Mann; Strengthening the mission of Right to Information in India, (2011) 5 SCC (J), at J-28. [42] PRIA Report titled à ¢Ã¢â€š ¬Ã…“Tracking Rights to Information in Eight Statesà ¢Ã¢â€š ¬Ã‚ , on www.pria.org/project/governance.projects.com Accessed on 30th March, 2015. [43] RTI activist Arun Roy has strongly stressed that comprehensive whistle blowerà ¢Ã¢â€š ¬Ã¢â€ž ¢s protection law is needed, at à ¢Ã¢â€š ¬Ã…“Comprehensive Whistle blowers protection law needed: Royà ¢Ã¢â€š ¬Ã‚  The Hindu, Hubli [Ed.], 16 Oct 2011.p.3. [44] Whistle Blowers Protection Act, 1989 [45] UK Public Interest Disclosure Act, 1998 [46] Supra Nt. [47] Subhash Chandra Aggarwal v. Indian National Congress, CIC/SM/C/2011/000838, File No. CIC/SM/C/2011/001386 and File No.CIC/SM/C/2011/000838 (June 3, 2013), subsequently government intends to amend the Act to exclude political parties, from its purview, Bill No. 112 of 2013 (Lok Sabha).

Richard Brandt Free Essays

Richard Brandt: Rule Utilitarianism Chapter two in our book Philosophical Perspectives on Punishment covers different philosopher’s views on Rule Utilitarianism and how it is applied to misconduct and unlawful acts. In Richard Brandt’s discussion he raises three questions that should be addressed when identifying our American system of punishment. What is justifiable punishment for a criminals past actions? What are good principles of punishment? What defenses should be used as good excuses to keep someone from being punished? Our actions should be guided by a set of prescriptions the conscientious following of which by all would have maximum net expectable utility† (Brandt, 1972). We will write a custom essay sample on Richard Brandt or any similar topic only for you Order Now In Utilitarianism they choose the set of rules or practices that would produce the greatest net expectable utility if everyone followed them.Net Expectable Utility is a more positive outcome for a higher percentage of the population. Brandt believes our system of punishment is based on three assumptions: (1) Fear of punishment deters criminal behavior. (2) Imprisonment or fines make repeat offenders less likely. 3) Imprisonment stops the criminal from harming society while that person is in prison or incarcerated. â€Å"Punishment is itself an evil, and hence should be avoided where this is consistent with the public good. Punishment should have precisely such a degree of severity that the probable disutility of greater severity just balances the probable gain in utility (less crime because of more serious threat)†(p. 94). I have to agree with Brandt on this view because if the punishment does not fit the crime, criminal behavior is sure to be more prevalent.I’m a firm believer in scaring the malicious minds into acting lawfully and abiding by the law in order to keep the majority of the public safe. Brandt says that the cost should be counted along with the value of what is bought. This means to me that the punishment HAS to equal, if not be greater, then the crime. He also says that many criminals will go undetected and because of that some penalties will have to be so severe that the risks outweigh the gain in whatever the crime might be.Another agreeable point Brandt makes is that the more serious crimes should carry the heavier penalties not just for prevention of the crime but also to motivate the criminals to commit a less serious rather then a more serious crime. To make sure that the same punishment be inflicted on any social status, and that the same suffering is felt from the crime, Brandt says that heavier fines would be given to a richer man then to a poorer man. If a rich man were to receive the same fine as a poor man it may barely give him any suffering at all.While if a poor man met the same penalty financially as a rich man he may remain in debt for the remainder of his life. Brandt then begins to speak Jeremy Bentham and of such â€Å"excuses† that would not make a person criminally liable for a crime. He first mentions that a man who committed a crime that was not yet a law cannot later be punished for it. I have to agree here because you aren’t breaking the law if it isn’t one yet. I also, however, believe that if that prior â€Å"non-law† is severe enough and the evidence is still applicable in court then the person can be tried and found guilty after the fact. His second excuse is that the law had not yet been made public. In order for the public to know they are performing a unlawful act they must first know that what they are doing is against the law and can result in punishment and fines. The third excuse is that if the offender was an infant, insane or intoxicated they should also be excused of the crime. I think that underage and insane offenders may have a legitimate excuse, and the same may go for the intoxicated but in order for the intoxicated to be excused from punishment, it must not be voluntary intoxication.Bentham then says the offender can be excused if they were ignorant of the possible consequences and thought they were acting in a lawful way. I don’t agree with this view because it is the citizens responsibility to know that he or she is acting unlawfully and what the consequences of their actions may be. â€Å"I didn’t know I couldn’t do that† is something police officers hear all the time and if they let everyone who said that to them go free they’d probably be out of a job. Bentham’s final excuse is â€Å"that the motivation to commit the offense was so strong that no threat of law could prevent the crime† (Brandt, 1972).I believe that some offenders get angry enough to ignore the consequences of the crime they about to commit but this is still not excuse for breaking the law and the law should still be applied to these people. How would a judge be able to determine if someone was acting maliciously or out of pure emotion? Richard Brandt states that Bentham’s legal defenses need some amending. He says that not punishing in certain cases will reduce the amount of suffering brought to the public by the law and that by not punishing in all of these cases will cause a â€Å"negligible increase in the incidence of crime† (Brandt, 1972).Brandt says that the utilitarian is committed to defend the concept of â€Å"strict liability† in order to get a strong deterrent effect when everyone knows that all behavior of a certain so rt would be punished. When speaking of impulsive actions that lead to criminal actions Brandt says that people who commit impulsive crimes in the heat of anger don’t think about the consequences of their action and therefore would not be deterred by a stricter law.He also says that these people are unlikely to repeat the crime so that a smaller sentence should be given to them in order to save a good man for society. I like this idea but I find it hard to agree with completely. Who is to say which crimes are impulsive and which crimes are premeditated? Of course, some circumstances make it obvious which are impulsive for example, a man saving a small child or woman from a kidnapper and killing them in the process, but many crimes can be called impulsive and therefore let a man who isn’t telling the truth receive a lesser punishment for his crime.Richard Brandt says that some say utilitarianism needs to view imprisonment for crime in the same light as quarantining and individual. He uses the example of someone being quarantined after being diagnosed with leprosy. They are taken away from public for the greater good of the public in order to not spread disease. We cannot treat criminals the same however. Criminals need to be shown punishment for their crime so going to prison cannot be made comfortable to them. It has to be a time of sorrow and pity so that it both fears prospective criminals and prevents criminals from becoming repeat offenders. Most criminals will be allowed back into society after severing their time, lepers will never see society again. â€Å"There is a difference between the kind of treatment justified on utilitarian grounds for a person who may have to make a sacrifice for the public welfare through no fault of his own, and for a person who is required to make a sacrifice because he has selfishly and deliberately trampled on the rights of others, in clear view f the fact that if he is apprehended society must make an example of him† (Brandt, 1972) My favorite part of this section is when Richard Brandt compared the utilitarian view of punishment to that of a parent with a child. A parent lets the child know of the rules, about how to be safe, and about right and wrong. The child must know of the bad act before he or she can be punished for it. A parent will giv e a more severe punishment to their child according to what they have done to break a rule.The parent establishes rules for the â€Å"future good of the child† (Brandt, 1972). All this is done to make life at home tolerable and to ensure that the future of the child is a bright and successful one, punishment is an essential part of every one of our lives and whether we are avoiding it or being put through punishment, it is for the greater good. WORKS CITED Brandt, Richard. (1972). Rule utilitarinism (iii). In G Ezorsky (Ed. ), Philosophical Perspectives on Punishment (pp. 93-101). Albany: State University of New York Press How to cite Richard Brandt, Papers

Preventive Withdrawal Under Quebec Labor Laws - Free sample

Question: Discuss about thePreventive Withdrawal Under Quebec Labor Laws. Answer: Introduction Quebecs employment legislation is heavily invested in ensuring workplace safety for all its employees. This is evidenced by the Act Respecting Occupational Health and Safety S-2.1 and the Act Respecting Industrial Accidents and Diseases A-3.001. The applications and interpretation of these laws, over the recent years, has adopted a liberal nature to ensure the underlying purpose is met and as such no injustice is meted out on workers, especially pregnant workers who have long suffered discrimination at the hands of the law. This paper serves to offer a concurring commentary on the decision delivered by Abella J in Dionne v Commission scolaire des Patriotes 2014 SCC 33, which preserved the right of a pregnant supply teacher to decline work in an unsafe environment as provided by law. The commentary will focus on the major legal issues drawn from the case which are whether; an employment contract existed, as a contract worker the appellant was entitled to either reassignment or prevent ive withdrawal and the appellants refusal to work served as preclusion from the employment contract. This paper is driven by the persuasion that the judge in Dionne v Commission (2014)[1] was right in her verdict as she opted to apply the law by observing its purpose and effect on the broader society. Background In summary, the appellant had worked as a pre-school supply teacher for nearly a year before she became pregnant. Tests conducted by her doctor revealed that she was susceptible to harmful contagious viruses that could be spread by groups of children. Based on this revelation, her doctor completed a Preventive Withdrawal and Reassignment Certificate which attested to her workplace being a health risk. She submitted the certificates to the Certificates to the Commission de la sant et de la scurit du travail and gave copies of the same to the School Board. The Commission found her eligible for Preventive Withdrawal subject to receipt of a contract which it later confirmed to have been formed in November 2006. The School Board, however, appealed to the Commission des lsions professionnelles (CLP) which found the appellant ineligible on the grounds that there was no contract formed as Ms Dionne was unable to enter the school premises. On judicial review, the Superior Court judges upheld the CLPs but for one judge who was of the view that Ms Dionne was only exercising her rights as an employee. Over the years, Quebec has made great strides in addressing as well as refining safety regulations at work. In the 70s, an in-depth consultation process was begun to come up with the required techniques to attain the proper health and safety standards in the workplace. The result was the espousal of the Act respecting Occupational Health and Safety in 1979 with the aim of ensuring health and safety at work as well as eradicating any source of injury or illness in the work premises. The protective measures of this Act urge employers to refrain from exposing workers to harmful working conditions all the while empowering workers to be aware of dangerous workplace conditions and availing them the right to refuse work under unsafe conditions.[2] In Bell Canada v. Quebec (Commission de la sant et de la scurit du travail), [1988] 1 S.C.R. 749, the court held that a refusal to work under unsafe conditions did not constitute a refusal to carry out ones employment obligations. It was merely an exercise of a statutory right.[3] With regard to pregnant women, the law provided for reassignment or immediate withdrawal from an unsafe environment if their health or life, or that of their unborn child, was at risk.[4] These measures allowed women to continue working, or where an alternative assignment was unavailable, to continue earning regardless of their absence from the work premises so as to avoid injustice.[5] Adella J delivered the courts judgment stating that the aim of Quebecs workplace safety laws, as well as complementary legislation on industrial accidents and illnesses, was to ensure financial security for workers who had to result to a Preventive Withdrawal so as to avoid harm at work. The judge was of the opinion that disentitling the appellant from the benefits owed to her, on the grounds that she had refused to enter the work premises, only served to nullify the object of the legislation and penalise pregnant working women for merely exercising their statutory right.[6] It was on these arguments that the appeal was allowed. Analysis The first issue raised in the case is with regard to the existence of an employment contract. In order to determine this issue, there are two questions that should be considered, firstly, who is a worker under the Act and secondly what constitutes an employment contract? Under the Act, a worker is any person performing tasks for an employer under either a contract of employment or apprenticeship regardless of whether they receive payment.[7] It is evident from this explanation that the Act is intent on casting a wide net to encompass as many categories of employees so as to avoid injustice. A contract of employment, as defined by law, is an agreement that enables a person to perform work for pay over a stipulated period of time subject to the control and supervision of the employer.[8] When applied to the case in question, Ms Dionne carried out the task of teaching pre-school children for her employer for most of the school days in 2006. Her work was under the direction and supervision of the School Board, at a stipulated price and over a specified period of time. These facts prove that, as per legislation, Ms Dionne qualified as a worker and a contract of employment did, in fact, exist between her and the School Board. These principles reflect the views upheld by the deciding court in the case study provided, which was convinced that the interpretation of a worker and a contract of employment should have been in a manner that was meaningful and relevant to the particular context and in line with the objective of the Act. The second issue raised in the case study was whether the appellant was eligible for Preventive Withdrawal as well as indemnity under the relevant law. The right to Reassignment and Preventive Withdrawal is provided under ss 40 and 41 of the Act whereby a pregnant worker, after availing a certificate that shows proof that the workplace is unsafe for her or her unborn child, is entitled to a reassignment of duties failure of which she can refuse performance until reassignment or delivery.[9] As it is already evident that the appellant was, in fact, a worker, she was entitled to these rights by law. The third major issue raised was whether the refusal to work in an unsafe environment precluded the formation of a contract of employment. The law provides that, where a worker is convinced of their exposure to unsafety should they perform their employment duties, they are entitled to refuse to perform until the situation is made safer for them.[10] An employer cannot mete out punishment on any worker, either by dismissal, suspension, transfer or any other discriminatory action should they chose to exercise their right as this refusal is not a termination of the employment contract but an exercise of a statutory right.[11] As Ms Dionne was a worker for the School Board, her refusal to come to work did not constitute a failure to perform her end of the employment contract, she was simply exercising her right to Preventive Withdrawal as the institution had not provided any suitable reassignment for her. Critics of the decision, in this case, have stated that the courts finding undermined the CLP and was evidence of the detachment between the law in theory and in practice.[12] However, it is evident that the case has provided a major turning point and relief for cases dealing with vulnerable workers, and most especially women.[13] Up and until the Supreme Court Decision, Ms Dionne, and others like her, were not considered workers for the purposes of Reassignment, Preventive Withdrawal and indemnity.[14] This has since been proved to be a discrimination against an employee which constitutes an injustice.[15] The case will go a long way in ensuring the rights of workers and most specifically pregnant workers in Quebec. Conclusion It is clear that the decision in Dionne v Commission (2014) has been met with both criticism and appraise. This is because the judges approached the interpretation of the law more liberally than their lower court counterparts. The decision was driven by the desire to interpret the law in a manner that was in line with its latent objective which served to cure an injustice rather than propagate one. This ensured, and will continue to ensure, that vulnerable workers, especially pregnant women, are able to access all the rights and benefits available to them in the course of their employment and that their pregnancy is not treated as an inability to perform. Bibliography Bell Canada v. Quebec (Commission de la sant et de la scurit du travail). 749 (S.C.R, 1988). Dionne v. Commission scolaire des Patriotes . 33 (S.C.C, May 1, 2014). AT T Corp. v. Hulteen. 1962 (S. Ct., 2009). Bernier, Liz. "Supreme Court reinforces pregnant worker's right to refuse unsafe work." Canadian Occupational Safety. February 10, 2015. https://www.cos-mag.com/legal/legal-stories-exclusive/4343-supreme-court-reinforces-pregnant-workers-right-to-refuse-unsafe-work.html (accessed September 26, 2016). Cabiakman v. Industrial Alliance Life Insurance Co. 55 (SCC, 2004). Cliche, Bernard, Serge Lafontaine, and Mailhot Richard. Trait de droit de la sant et de la scurit au travail: Le rgime juridique de la prvention des accid ents du travail et des maladies professionnelle. 1993: Yvon Blais, Cowansville. Commission des coles catholiques de Qubec v. Gobeil. 1883 (R.J.Q., 1999). Daly, Paul. "How (Not) to Conduct Deferential Review: Dionne v. Commission scolaire Patriotes, 2014 SCC 33." Administrative Law Matters. May 1, 2014. https://www.administrativelawmatters.com/blog/2014/05/01/how-not-to-conduct-deferential-review-dionne-v-commission-scolaire-des-patriotes-2014-scc-33/ (accessed January 26, 2016). Fernand, Morin, and et. al. Le droit de lemploi au Qubec. Montreal: Wilson Lafleur, 2010. Katherine, Lippel. "Preventive Reassignment of Pregnant or Breast-Feeding Workers: The Qubec Model." New Solutions, 1998: 267. Lallier, Eric. "Supreme Court of Canada: Does a supply teacher's contract also protect pregnant women?" Norton Rose Fulbright. May 2014. https://www.nortonrosefulbright.com/knowledge/publications/116552/supreme-court-of-canada-does-a-supply-teachers-contract-also-protect-pregnant-women (accessed September 26, 2016). Mann Lawyers. "Recent decision on a casual worker's rights surrounding her pregnancy." Mann Lawyers. February 11, 2016. https://employmentlawottawa.com/tag/quebec-pregnancy-employment/ (accessed September 26, 2016). Serge, Lafontaine. Le retrait prventif de la travailleuse enceinte ou qui allaite: qui dcide quoi?, dans Service de la formation permanente du Barreau du Qubec, Dveloppements rcents en droit du travail. Cowansville: Qu.: Yvon Blais, 1991.