Deportation Law Problem Question Case Study

Deportation Law Problem Question Case Study Yes, if Mr. Adams accepts the offer and is faced with deportation, his likelihood of success on an ineffectiveness claim would depend on how easily the average criminal defense attorney could have determined that the crime to which he pled was a deportable offense. This scenario does not state what Mr. Adams is pleading guilty to. Under the immigration statute U.SC 1227(a)(2)(B)(i), states that any alien is deportable for anything related to a controlled substance unless it is for a person’s own use of thirty grams or less of marijuana. Mr. Adams declared that he wanted to understand the immigration consequences in order to decide whether to accept the plea. However, his attorney rejected to explain the immigration consequences himself and directed him over to an immigration clinic located in a law school where a student advises him that his crime has no deportation consequences. The reason that Mr. Adams would have success on an ineffectiveness claim due to how easily the average criminal defense attorney could have determined if the crime was deportable is because of the ruling in Padilla v. Kentucky. Padilla’s counsel gave the wrong advice about deportation which caused Padilla’s plea to automatically deport him. It was determined in the this case that Padilla’s attorney could have very easily confirmed that Padilla’s plea would automatically make him eligible for deportation by merely scanning the immigration statute on controlled substances. Likewise, in this particular case with Mr. Adams, his attorney could have simply read the same immigration statute and told Mr. Adams that his plea would automatically trigger deportation. The court in Padilla did acknowledge that immigration law is a very complex law and attorneys that are not well versed in it would perhaps not understand. However, they determined that when a law is succ inct and straightforward, the responsibility and obligation to give correct advice is clear and when the law is not clear or succinct the attorney, at the bare minimum, tell their client they may face deportation consequences. As a result, Mr. Adams has a good chance of success on an ineffectiveness claim against his attorney. The attorney could have easily read the immigration statute and told Mr. Adams that his plea would trigger deportation and Mr. Adams would have chosen another option rather than accepting the plea. Even if the law was not succinct or straightforward, the attorney still had the obligation to let Mr. Adams know that there were deportation consequences. Yes, along with question number one, Mr. Adams is guaranteed to succeed on his ineffectiveness claim. Strickland v. Washington, (466 U.S. 668, 1984) states that defendants are permitted to having the effective assistance of competent counsel. The Strickland case posed that to prove ineffectiveness of counsel the defendant must show that 1) performance of counsel was objectively unreasonable and 2) prejudice in the sense that counsels’ errors were serious enough that the defendant would not have pled guilty if given correct advice. The fact that in question one, Mr. Adams attorney could have clearly read the immigration statute and gave his client a clear answer clearly shows that the performance was objectively unreasonable. Secondly, the fact that Mr. Adams’ attorney could have conducted a brief web search of the immigration clinic and saw numerous complaints about the legal advice also shows his performance as counsel was unreasonable. When you put these two together, the counsels’ errors were serious enough that Mr. Adams would have never accepted the plea if he knew he would automatically be deported if he accepted it. Justice Rehnquist’s majority opinion rejected to extend its holding in Douglas. It was held that having a counsel appointed to a defendant is only mandatory on an appeal that is granted as of right, without needing consent of the appellate court. The court furthermore characterized the situation of a defendant at the trial and appellate stages of a proceeding. Counsel is only required when it is a matter of due process and it is the attorney for the state who is prosecuting a case. However, on appeal, the defendant is the one who is initiating the process of requesting review. The court additionally reminded that appeals are not required by due process. Furthermore, the court also affirms that there really is no need for appointed counsel during a discretionary appeal. The court explains by showing that on discretionary appeals, an indigent defendant has already had the help of a lawyer in organizing and preparing briefings during the first level of appeal. Therefore, the court says that those briefs are going to be used during the discretionary review. Secondly, the indigent defendant already has a transcript of the record in the trial court reproduced and thirdly, they could possibly have a decision recorded by the first appellate court that a greater court can use in order to review the issues at hand. With all this being said, the court says there is enough material to effectively and sufficiently guarantee that a review request by the greater court is meaningful. When it comes to the dissent in this case, Justice Douglas is joined by Justice Marshall and Justice Brennan. All three justices agree with Chief Judge Haynsworths opinion who believes that the most meaningful review of the defendant’s criminal conviction would be at the North Caroline Supreme Court. Thus, counsel is essential to the process. The dissenting justices, reviewing a conviction is of utmost important when it comes to fairness and it must require counsel assistance. They believe that all the briefings from the first appeal and all of the records do not address the issue that the Supreme Court has to resolve which is whether the particular case is worthy of review. The justices also believe that appointed counsel is essential at further appeal stage because arranging a petition of certiorari is very technical in nature and a indigent defendant will be particularly incapable to negotiate. Lastly, they assert that is would be tremendously easy to have the exact same ap pointed counsel from the earlier appeal to remain the defendants counsel in the later stages of appeal. As a result, Justice Douglas and the other would have ruled that the fairness of the due process clause and equal protection equality would demand appointed counsel in discretionary appeals. Overall, if Justice Rehnquist accepted the dissent’s view about relative need, he would not have to overrule Douglas v. California (372 U.S. 353, 1963). It states in Ross v. Moffitt that the fourteenth amendments’ due process clause does not require North Carolina to offer the defendant with an attorney on his discretionary appeal to the State Supreme Court. The Douglas issue was whether the assistance of counsel during the first appeal of right is a fundamental right in which they decided that indigent petitioners are indeed entitled to appointed counsel at the appellate level. However, the dissent in Ross v. Moffitt, (417 U.S. 600, 1974) by Justice Douglas, Brennan and Marshall are essentially arguing that there should be a right to appointed counsel beyond the first appeal as of right. Thus, Justice Rehnquist accepting the dissent does not necessarily mean he would have to overrule Douglas v. California, (372 U.S. 353, 1963) but to go ahead and extend the ruling to h aving an appointed counsel beyond the first appeal as of right. The courts holding in Mr. Goodbars’ case is supported by Strickland v. Washington, (466 U.S. 668, 1984). In the Strickland case, in order to achieve relief due to ineffective assistance of counsel, a criminal defendant has to pass a two prong test about his/her counsels’ assistance during the proceeding. The first test has to show that their counsels’ performance fell below an objective standard of reasonableness. The second test has to show that the counsels’ lacking performance gives a rational likelihood that, if counsel had performed effectively, the result of the proceeding would have been different. In this particular case, Mr. Goodbar did not show any proof of his counsel doing anything unreasonable or omitting something that should have been said or shown during the proceeding. He is merely presenting the court with a copy of a study that determined that indigents charged with non-capital murder in Philadelphia between 1994- 2005, had a lesser chance of receiving a life sentence if they were represented by a public defender than assigned counsel. Just presenting a study does not show in any way that counsel was ineffective in his/her assistance. Strickland v. Washington (466 U.S. 668, 1984) clearly states that if a defendant wants to prove an ineffectiveness claim they must have proof of counsels’ inadequate performance and because of that inadequacy the result would have been different. Therefore, without proof of being deprived of effective assistance to counsel, the courts holding will stand accordingly.

Mydin Expansion And Growth Strategy Analysis

Mydin Expansion And Growth Strategy Analysis Mydin Mohamed Holdings Bhd is a local business organization in retail industry under the leadership of chief executive, Datuk Ameer Ali Mydin. The business starts its operation since 1957 in retail and wholesale. In the economic environment, Mydin face challenge from other key players such as Giant, Tesco, Carrefour and Econsave. Currently Mydin has 4 hypermarkets and its total stores are 55 which located at Klang Valley, Terengganu, Kota Bharu, Seremban, Nilai, Johor, Alor Setar, Melaka, Penang, Pahang and Kelantan. To compete, the company plans to expand their business and grow organically. Mydin imposed low pricing strategies and provide economically price goods to its customers. Surely, the expansion and growth will influence the business objective. Below is the comparison data of retailers with its number of stores in Malaysia. Retailer Number of stores Giant. 40(hypermarket/superstores) Total Giant stores: 100 Tesco. 35(hypermarket) Carrefour. 23(hypermarket) Econsave. 38(supermarket hypermarket) Mydin. 4 hypermarkets. Total Mydin stores : 55 Hypermarket list is not exhaustive. [Business Times , Saturday, July 31, 2010] Therefore I would like to investigate whether Mydins expansions and growth strategy is viable to the business to gain market share and emerge as market leader. RESEARCH BACKGROUND. This commentary will be based on these following supporting documents; MYDIN EXPECTS 10pc RISE IN PROFIT, QA with Datuk Ameer Ali (Mydin)/SKORCAREER Mydin to built its biggest hypermart in Kota Baru/Business Times. New logo,motto for Buy Malaysian Campaign/mydin.com.my INTERNAL CENTRE OF LEADERSHIP(ICLIF)-2009/MYDIN CASE STUDY. Microsoft Supports Malaysian Retailers Aggressive Plans to Expend. Malaysia mulls bar-code system for halal, products Business Times MARKETING. Marketing Planning. As a retail company in Malaysia, Mydin had implement several marketing planning to boost their sales and obtaining bigger market share. Therefore, this commentary will examine the marketing mix approached by Mydin to successfully market their product and formulate their marketing strategy. Therefore, Mydin can moves towards becoming a market leader. Marketing mix: Product. Mydin has a wide range of product line such as food line, soft line, hard-line and household items. Due to the wide range of product, Mydin will benefits from larger customer base. This will give positive advantage to Mydin as its customer can obtain all products needed here at lower and cheaper price. As a local player, Mydin provide items that are complement with its customers need. Majority of Malaysian are Muslims. Therefore, Mydin provide local prayer mats, prayer garment for women and traditional product which are rarely found elsewhere. However, Mydin should consider its non-Muslim customers due to the image of the place where only Muslim shops. Place. Besides, Mydin is currently expending their business into different format namely hypermarkets, emporium, and My Mart (24 hour convenience stores). As referred to growth of Mydins chain by the year 2009 to 2020, the business forecasted to have 26 Hypermarket, 60 Convenience Store, 20 Emporium and 5 My Mart  [1]  . This investment cost the business a large amount of cash which is RM 200million for supermarket and 60 million for the building of hypermarket  [2]  . The managing director tries to emulate the growth strategies of Kmart by having My Mart although Kmart experience bankruptcy. This expansion can help Mydin, reachable for its customers with various channel of distribution. For example, the choice to build the biggest hypermarket in Malaysia at Kota Baharu  [3]  is due to high demand and larger land available. However, Mydin should consider their large expansion as they may be affected by diseconomies of scale. Promotion. In terms of promotion Mydin apply me-to-promotion where Mydin follow and respond to their rivals marketing strategies such as purchasing similar advertisement board and article from newspaper  [4]  . One of its outlets in Subang Jaya has a digital billboard, controlled digitally from its office. This provides fast response toward its rivals advertisement. Besides, Mydin should consider having other marketing strategies such as advertisement through website or radio to provide detailed information and awareness of their existence. Price. Mydin is well-known for selling its product at wholesale price (40% of its business is wholesale). As compared to its rival, (Giant, Tesco and Carrefour) Mydin is a favorite place for shopping especially in period of economic down turn. They gain RM 1.3 billion in 2009 from RM 1.1.in 2008  [5]  . This proves that as Mydin grow organically, they gain strength in volume, thus can sell cheaper as compared to its rivals. Therefore, the situation is inciting its marketing objective. Positioning. Market positioning is crucial to portray a good corporate image and differentiate Mydins product over rivals. The unique selling point (USP) of Mydin that makes the business stand out from others is the embracing the concept of Halal (following the dietary law in Islam)  [6]  . As most Malaysian are Muslim and very particular in Halal product, the USP is an added advantage. Mydin popular slogans: Where everybody can buy  [7]  also provide a perception towards the customers that in retail industry, you can buy product cheaper at Mydin. But Mydin need to sustain the image by providing items cheap and not providing cheap items with low qualities. Mydin can perceive its brand to be a bargain brands (at high quality but with low price) although its hard to sustain. Therefore, with the growth and expansion strategies, Mydin is moving from Economy brands towards Bargain brands.  [8]   Quality High Low High Premium brands Cowboy brands Low Bargain brands Economy brands Price Figure 1: Perception map showing relationship between price and quality. The slogan is in line with governments campaign, Buy Malaysian  [9]  which educates Malaysian to buy local product (Mydin provide local product on its shelves). Mydins outlet at Subang Jaya has been chosen as the place for exhibition attends by Prime Minister to launch the campaign  [10]  . Besides, Mydin together with Halal Development Council (HDC) organized Halal training program course for small- and medium-sized entrepreneurs (SMEs)  [11]  . The corporate social responsibilities (CSR) done by Mydin enhance its image and will attract customers to choose Mydin instead of others. OPERATION MANAGEMENT. Product Planning. As Mydin grow, the business may affected by overtrading due to stockpiling  [12]  . This situation can increase cost and later absorb on the price of product. Hence, Mydin decide on Microsoft Dynamics AX for Retail to applied Just-In-Time stock management  [13]  . The software provides information for its suppliers and decision-makers so that the distribution of stocks runs smoothly from stores to supply chain  [14]  . By this, Mydin can be more responsive to its customers, reduce their break-even point, and improve cash flow and the working capital cycle  [15]  . Consequently, provide competitive advantage towards its rival. HUMAN RESOURCES. Organizational Structure. Besides, Mydin interfere coordination problem of its managers as the business grow hierarchal taller and wider span of control. Communication across the organizational structure will become time consuming and in certain case may be distorted. To overcome this, Mydin decide on Microsoft Office SharePoint Server 2007  [16]  that allows massive information to be provided to all layer of the organization and its suppliers. Motivation. In becoming a market leader, Mydin must have a productive employees to generate larger working capital.16.2% of its workers are foreigners and the remaining are locals  [17]  . To create sense of belonging to work and generate teambuilding between workers, the company provides financial and emotional support  [18]  . According to Maslows hierarchy of needs, people are motivated more than just money  [19]  . Mydin meets the social needs of its worker by conducting birthday parties, cultural dance and inter-branch sports.  [20]   CONCLUSION. Mydin has implemented huge expansion and organic growth of its company. They try to gain their market share by becoming more competitive toward its rival. In becoming so, a transformation throughout the organization is done. Based on the marketing planning carried out, Mydin is currently on the right direction towards its corporate objectives. We can notice how Mydin develop strategic marketing mix to successfully market their product. However, there is some areas that should be improved and focus on. In terms of product, Mydin can try to attract non-Muslim customers by having a promotion or creating an image of Mydin as a place for anyone. Besides that Mydin has wide channel of distribution. However, Mydin should also consider dealing with diseconomies of scales. One of the choices is by introducing measures to remove productive inefficiencies. Mydin might count the effectiveness of each of the business format. The marketing strategies indicate that Mydin can gain higher market share from its competitive advantage in promotion and price. In positioning their product, Mydin had done it well through their USP, slogan and CSR played. They manage to give clear perception of the business to public. Hence, they can gain more customers in the future. In operation management and human resources, Mydin try to centralize their management to hinder business runs at loss and to generate efficiencies. Their decision to cooperate with Microsoft Corp. is a right choice to place Mydin at top amongst other key players. Also, without neglecting its employees needs and demands. Overall, based on the analysis of marketing planning, operation management and human resource Mydin expansion and growth strategies is viable for the business to be a market leader in retail industry.

Human Cloning: Genetic Advancement or Genetic Manipulation? :: essays research papers

Human Cloning: Genetic Advancement or Genetic Manipulation? Some people might argue that the real offense would be to hinder the progress of science and experimental investigation with regard to human cloning. That to do so would mean to deny the right to scientifically explore and gain from such. Exploration and discovery in advanced technologies and science quite often proves to be beneficial to mankind; however, even though human cloning capabilities may tempt man's inherently diabolical God-playing nature, research, advancement and the expected benefits of human cloning are likely to dispel predicted human catastrophes. In the alternative, can advances in human cloning lead us into genetic manipulation and world chaos because of popular myths about cloning and the rapid progress in biotechnology? First, what exactly is cloning? In biology, cloning is used in two contexts: cloning a gene, or cloning an organism. Cloning is the reproduction of a human or animal whose genetic substance is identical to an existing being, such as an embryo or fetus. This is reproductive. Cloning a gene means to extract a gene from one organism and insert it into a second organism. Cloning an organism means to create a new organism with the same genetic information as an existing one. This is therapeutic. Since 1885, there have been a number of researchers, scientists, geneticists, reproductive technologists and embryologists, such as August Weismann, Hans Spemann, Walter Sutton, Paul Berg, Steen Willadsen, et al., who have contributed much to the research and development of our current concepts of cloning. Particularly two of the more recent renowned contributors to cloning research and experimentation are Ian Wilmut, a Ph. D. in animal genetic engineering, and Richard Seed, who founded Fertility and Genetics in the 1980s. In 1973, for his thesis at Darwin College, Ian Wilmut created the first calf ever produced from a frozen embryo. In 1974, Ian Wilmut joined a research institute known as the Roslin Institute of Edinburgh, Scotland, UK. Today, he is currently joint head of the Department of Gene Expression and Development, with research interests in early mammalian development, embryo manipulation, nuclear transfer and gene targeting in mice, cattle, sheep and pigs. The Roslin Institute, is known for being one of the world's primary research centers on farm and other animals. In 1996, Professor Wilmut, along with his assistant, Keith Campbell, made history by creating the first organism to be duplicated (cloned) from adult cells. Their creation infamously became known as Dolly, the first cloned adult sheep.

America Needs Preschool for All Children Essay -- Argumentative Persua

America Needs Preschool for All Children As you walk into the room, a pint-sized kid runs up to your legs and squeezes your knees. Squeals of delight bounce off the walls as kids boogie to Disney tunes, and another group is meticulously drawing pictures of rainbow colored snowmen. The faint smell of freshly baked chocolate chip cookies wafts through the room. Everywhere you look, there are smiles. Sounds great? Attending preschool is like running through a field of dreams. Unfortunately, not every child gets the opportunity to experience preschool. For low-income families, particularly single mothers, preschool is a huge financial burden. Despite what parents want for their children, it isn’t always a practical option; sometimes, the cost of enrolling their children outweighs the money earned at a job (Mason 46). Soon, mothers are sending their kids to preschool so they can work to make money to pay for preschool. Furthermore, without an education, parents are confined to minimum wage jobs with no hope of advancement (49). Where’s the incentive to work? Robin Mason describes one single mother’s motivation. For her, employment is more than just money; rather, it’s also a means to boost her self-esteem, gain financial independence, and set a positive example for her children. She emphasizes her responsibility to her children to keep a roof over their head, be a good mother, and choose a quality daycare (47). The value of preschool is often overlooked as parents consider it for its utilitarian purposes. Although most preschools do function as a daycare, the merits gained from an early education follow children throughout their entire lives. Children at this ripe age are eager to learn, excited about the buzzing world aroun... ...cial and cognitive skills suffer under the strain (195). But, there is hope: a loving, supportive environment that encourages children to grow into themselves. Preschool. Government programs are in place to help low-income families offset the costs, and national agencies provide multidimensional support for preschoolers and their families. Seven hours in a classroom doesn’t fix the problems at home. Rather, these programs are designed to help low-income families through a multi-faceted approach, attacking several issues in one mighty blow (Olson, Ceballo, and Park 427). These programs offer a variety of resources, including parenting classes, stress management courses, family counseling, and nutrition education. Through these programs, the entire community is assuming responsibility for taking care of its children. After all, it takes a village to raise a child. America Needs Preschool for All Children Essay -- Argumentative Persua America Needs Preschool for All Children As you walk into the room, a pint-sized kid runs up to your legs and squeezes your knees. Squeals of delight bounce off the walls as kids boogie to Disney tunes, and another group is meticulously drawing pictures of rainbow colored snowmen. The faint smell of freshly baked chocolate chip cookies wafts through the room. Everywhere you look, there are smiles. Sounds great? Attending preschool is like running through a field of dreams. Unfortunately, not every child gets the opportunity to experience preschool. For low-income families, particularly single mothers, preschool is a huge financial burden. Despite what parents want for their children, it isn’t always a practical option; sometimes, the cost of enrolling their children outweighs the money earned at a job (Mason 46). Soon, mothers are sending their kids to preschool so they can work to make money to pay for preschool. Furthermore, without an education, parents are confined to minimum wage jobs with no hope of advancement (49). Where’s the incentive to work? Robin Mason describes one single mother’s motivation. For her, employment is more than just money; rather, it’s also a means to boost her self-esteem, gain financial independence, and set a positive example for her children. She emphasizes her responsibility to her children to keep a roof over their head, be a good mother, and choose a quality daycare (47). The value of preschool is often overlooked as parents consider it for its utilitarian purposes. Although most preschools do function as a daycare, the merits gained from an early education follow children throughout their entire lives. Children at this ripe age are eager to learn, excited about the buzzing world aroun... ...cial and cognitive skills suffer under the strain (195). But, there is hope: a loving, supportive environment that encourages children to grow into themselves. Preschool. Government programs are in place to help low-income families offset the costs, and national agencies provide multidimensional support for preschoolers and their families. Seven hours in a classroom doesn’t fix the problems at home. Rather, these programs are designed to help low-income families through a multi-faceted approach, attacking several issues in one mighty blow (Olson, Ceballo, and Park 427). These programs offer a variety of resources, including parenting classes, stress management courses, family counseling, and nutrition education. Through these programs, the entire community is assuming responsibility for taking care of its children. After all, it takes a village to raise a child.

American City Life and Rural Life Essay

Was life in an American city better or worse than life on the farm for the average American? † Substantiate your answer with facts/examples. (Ch. 18) Does it really make a difference where you live? Is there any change in people’s lives if they live in the city or the country? With no pun intended, this is a chicken and egg question – do urban and rural residents choose where they want to live based on their lifestyle preferences or do lifestyles change because of the environment? The word Rural† is defined by population density which means how many people are there in a given square mile. Urban areas are defined by the â€Å"census blocks† that have a population density of at least 1,000 people per square mile. The life in a city and on a farm has its own pros and cons. Even though my life is in the city (suburban) area, I prefer to live life on a farm. There are different aesthetic experiences between city and farm life. Even the prepositions show the difference-The farmer lives â€Å"ON† a farm and the urban friend lives â€Å"IN† a city. The cities attracted people from the countryside looking for higher wages and cultural enlightenment (Brinkley p496). In addition, life in an American City was visualized as an escape for many citizens, an escape from what they considered â€Å"The Boredom of Rural Life† (p. 502). Also, the city was preferred because people can experience the new forms of entertainment, amenities and cultural experiences unavailable in rural areas. People moved to cities because new forms of transportation made it easier for them to get there. (pg 503) but this also was a cause for increased crowding in the cities. The unemployment rate is also much higher than in the city. Some differences between city and farm life: First of all, countryside is not polluted,so you can breath there fresh air. Besides, the road traffic is much lesser compared to cities, thus you can enjoy silence in the country. You can also relax and go for a nice walk in the forest or in the meadows. What is more important, is that the country people can grow their own fruit and vegetables which are healthier than those you can buy in the greengrocer’s in the city. Another advantage of country life is it is safer than life in a metropolis. In small towns or villages, crime rate is usually very low and people need to be afraid of having their house broken into or of being attacked and robbed in the street. In addition, it seems that in the country the relationship between people are more genuine as people are more friendly and open there. On the other hand, divorce rates in rural areas are generally lower, in part because couples don’t move around as much. While incomes tend to be lower in rural counties, the cost of living is also proportionally lower. As they become older, people are tired with the hectic and stressful city life and often decide to move outside the city. All things considering, it is obvious that both country and city life have their advantages and disadvantages. Some people find city life more exciting and appealing than small towns but others prefer beauty and tranquility of the countryside, but a lot of people prefer city life because it is much easier. The choice whether to live in a city or country side depends on every person’s character and preferences.

Communications Paper

Communication Paper Ana Espinoza SOC-110 April 29, 2010 Zack Zardo Communications Paper Attitude is the first thing people usually sense in communication. Communication is a process by which information is exchanged between individuals through a common system of symbols, signs or behavior. There are two different types of communication, verbal and nonverbal. Verbal communication usually means spoken or in some cases signed, as in American Sign Language, it also includes; rate, volume, pitch as well as articulation and pronunciation. Nonverbal communication is facial expressions, body movements (i. ; shoulder shrugs, slight shutter in the body (at the sight of something disgusting)), diversion of eye sight (example: flirting, staring, looking away when looked at. Great example from Wiki answers. com is, a man comes home late, he hears from the kitchen the slamming of pots, pans and cupboard doors. He enters the kitchen, asks his wife, â€Å"What’s the matter, honey? † Sh e answers, â€Å"Nothing! † as she slams another cupboard door. Now she has spoken the word â€Å"Nothing†, but it is her unspoken communication that tells him that â€Å"Nothing† is not the real answer. It is clearly communicated by her actions. Men and women are really not the same. Their thinking, acting, communicating and many other behaviors are different. One can make broad generalizations about males and females. The primary difference between these genders is that men are resolvers and women are relaters. Being resolvers, men tend to focus on doing, resolving issues, finding solutions and solving problems. As relaters, women generally focus on pleasing, understanding, feelings, communicating, exploring emotions, making connections and being understood. An opposite gender can understand differently than the other because we all perceive things differently. For example, one gender can see the glass as half full, and the other can see it as half empty. Even though it is the same thing, we all see, hear, understand or comprehend things differently because of our gender. Communicating across cultures improves productivity and promotes healthy and happy learning and work environments. It helps to understand cultural differences and language problems/barriers. However there are problems and challenges of cultural differences or communication. Culture can be viewed by which groups of people understand and interpret or view the world. Generally there are two types of cultural differences. They both affect communication. Differences in body positions and movements; and differences in views and practices concerning various factors of human relationships (time, space, intimacy ect. ). Body languages differ among cultures as well. For example, sitting versus squatting, and manners of walking, communication with body parts- hands, arms, head ect, may also vary by culture. Diversity describes the reality of a national and world community made up of people from different cultures with different kinds of languages and social customs very different from our own. Communicating with different cultures does not come easy, because of a lack of knowledge. It is important to be open minded, listen and try to understand others differences. Put yourself in their shoes. Our ways of thinking and our orientations to our environments are important, we each learn diverse culturally based sets of perceptual communication contexts. For someone to fully understand communication across cultures they would need to learn a little about it in order to successfully communicate. Touching and hand shaking are important to understand in cultural communication. Some cultures do not like much touching. Their handshake may be taken as weak. Other cultures that are okay with touching, have different greetings, ranging from embraces to kisses to even nose rubbing. Differing attitudes toward various factors of human relationships cause communication problems. While American English is the predominant language in the United States the number of non- native English speakers continues to grow. Although many tools can help create a productive diverse environment, one of the most important is good communication skills. We must try to be careful in our choice of word or expressions because once something is communicated it cannot be taken back. To improve communication we must better understand what t is to communicate. Verbal and nonverbal communications are the two key aspects of communication, (especially important in high context culture). In order to communicate effectively we need to utilize these communication skills. The way cultures and genders do things are all different. We do not all walk, talk, and act the same. We do not all wake up the same, pray the same, think the same or believe in the same things. Culture is often at the root of communication challenges. Exploring historical experiences and ways in which various cultural groups have related to each other is key to opening channels for cross-cultural communication. Becoming more aware of cultural differences as well as exploring cultural similarities, can help you communicate with others more effectively. References Http://wwwindependent. co. uk/news/science/womens-brains-uareu-different-from-mens-ndash-and-heres-scientific-proof-870849. html. Http://www. slideshare. net Http://www. university of phoenix. com (2008) Small group and team communication. Retrieved from University of Phoenix, SOC-110 Website. Http://www. wikianwers. com

Effect of Inequality on Access to Socially Valued Resources Essay

Equality often implies an equality of opportunity to access what society has to offer. Typically this includes access to socially values resources, such areas as health, education, employment opportunities and political representation. Over the years, Australian society has been described by people as a â€Å"working man’s paradise, ‘the land of the fair go’, and an egalitarian society. However, there has been evidence of inequality of groups such as the indigenous, the disabled, and gender issues, where differences to access of socially valued resources highlight the disadvantages that these groups in society face. This disadvantage has implications of a life dominated by social and economic disadvantage, where quality of life, opportunities and possible future outcomes are all less that those who live in wealthier areas and higher incomes and higher status jobs. Indigenous Australians are another group whose life opportunities are diminished through the inequality based upon their perceived ‘racial’ difference. In nearly all aspects of social life, indigenous Australians experience disadvantage. An inquiry into Australia’s health in 1994 revealed that indigenous Australians were 3 times more likely to die of childhood diseases and were 15 to 20 years more likely to die earlier that other Australians. Indigenous people were nearly twice as likely as member of the general population to live outside urban centres and are more likely to live further from a range of health services and facilities. This statistics highlight the lack of access to health systems leading to health problems and death. In addition to facing a range of cultural and communication barriers, they face particular issues, such as dispossession and the ‘stolen generation’ which placed them in a uniquely disadvantaged position. Although there has been funding from the government to try and improve the conditions of life for the Indigenous, according to the ABS only 3% of Indigenous people in NSW were attending a university or other tertiary institution. There was also only 44% of young Indigenous people in NSW that were  attending an education institution which came from the 1996 census. From the SMH article ‘Vanstone admits indigenous money has been wasted’, it is evident that access to education may improve the future equality for indigenous, where there is a need to encourage education in Indigenous communities rather than spend $3 billion each year on services and programs that Indigenous people did not acknowledge they had access to because of the lack of education. Women in Australia have achieved more equality in life than Indigenous Australians because of their political power. They represent 50.6% of the NSW population according to the 2001 census and therefore have a strong voice in society. The Sex Discrimination Act 1984, highlight the feminist movement for gender equality in Australia. Although women have more equality compared to the indigenous group, they suffer disadvantage in comparison with men. In August 1998 according to the Department of Women (NSW), women’s average weekly earnings were 79.83% of men’s. They were also more likely that men to work unpaid overtime. Although statistics from Gender Equity: a frame work for Australian Schools 1997, show that girls have outperformed boys for the last 13 years on the bases of mean TER scores, women have had limits in achieving and reaching top positions in society, which is described as the ‘glass ceiling’ theory. According to the SMH article ‘affirmative: the glass ceiling is still firmly in place’, results from the 2004 Australian census of women in leadership revealed there had been no change in the number of women in chief executive positions and there was still only four in Australia. However, due to the woman’s collective strong voice in society, there is hope that the future prospects will change even more and become much more the same as the quality of life for men. Another group in Australian society facing difficulty in achieve better access to socially valued resources is the disabled. Similar to the Indigenous, they are one of the most disadvantaged groups due to their lack of political voice in society. In 1998, 3.6 million people in Australia were identified by the Australia Bureau of Statistics as having a disability. Of those with a disability, 78% experienced restriction in core activities (communication, self care and mobility), schooling or employment. It was  also identified in 1998 that the median gross income of people with a disability was less that half than that for people without a disability. People with intellectual disabilities were more likely to have poor education outcomes and thus have little knowledge of their rights, obligations or where to seek assistance. They also have more limited access to employment opportunities, a greater likelihood of being dependant on income support payments, and may have a history of multiple or inappropriate placements in care. The argument in Australia has been about the cost of providing accommodation in community style homes for the mentally disabled, rather than large old style institutions. Frequently deprived of any political power or effective lobbying, the mentally disabled have difficulty in having their viewpoint heard. As Australian society become increasingly secular, philosophical questions such as ‘should we support our weak?’ are ignored. It is impossible to have a total egalitarian society. However, no one is saying that all people should actually possess equal resources, but rather have equal access to socially valued resources. If we are to be a â€Å"fair go’ nation, society must look of ways to reduce inequality, prejudice and discrimination. Although the likelihood of women to gain more equal access to socially valued resources are high, the likelihood of Indigenous and the disabled is less because they are minority groups, and this leads to lack of political voice in the system. Through looking at different groups in society, we can see the effects of inequality to socially valued resources through their experiences and quality of life. References: www.onlineopinion.com.au/view.asp?article=5898 www.asauthors.org/ www.coalitionforEQUALITY.org.au/index.php?option=com_content&task=view&id=152&Itemid=28 www.ausaid.gov.au/media/release.cfm?BC=Media&ID=7864_9386_9209_7340_4323 en.wikipedia.org/wiki/AUSTRALIAN_Coalition_for_EQUALITY