Reform Essay Example for Free

Reform Essay Think about the causes of success and failure for particular movements. What causes some to become widely appealing and have major impacts on change? What causes others (regardless of the validity of their concerns) to simply wither away in the dustbin of history? Can you think of some that have evolved into stable organizations without much impact on social change? Can you identify others that have become stable enterprises of sorts, constantly selling T-shirts and other emblems without doing much? I think what causes some reforms to be more appealing than others is simply the interest of the citizens. What they want and were they see the country moving toward at the time. The only thing that I can think of that has currently come into play as a business or dispensary is the whole issues with marijuana, and whether or not to make it legal. Here in San Diego there has been an influx of medical marijuana dispensaries. I don’t know that it’s something that is stable but, it definitely has been impacting social change. Medical marijuana also attracts businessmen. California dispensaries possess great potential on the market. However, you need to have a license before you establish a dispensary and it entails several steps. Also that, medical marijuana state laws (which differs from each state) strictly implements some general rules on starting dispensary business. California allows anyone with a doctor’s recommendation to use medical marijuana, whatever their health condition. Critics claim dispensaries are often no more than drug trafficking fronts. Assignments To complete this assignment, go to this weeks Assignment link in the left navigation: Getting Involved What kinds of people tend to become involved in movements, as contributors, elders, or sympathizers? Why do you think they became involved? Has a movement organization ever asked you to donate money or time to work for a cause? Did you? Why or why not? For those you found appealing, were there barriers to your participation? What are some contemporary movements you find repulsive? Why? Two- to three-pages.

The The Wreck of the Medusa Essay -- essays research papers

â€Å"In the moonlight’s ghostly glow, I waken in a dream. Once more upon the raft I stand, Upon the raging sea. In my ears the moans and screams Of the dying ring, Somewhere in the darkness The siren softly sings†¦Ã¢â‚¬  â€Å"The architects of our doom Around their tables sit, And in their thrones of power, Condemn those they’ve cast adrift. Echoes down the city street, Their Harpies laughter rings. Waiting for the curtain call, Oblivious in the wings.† Excerpt from the lyrics, â€Å"The Wake of the Medusa†, By The Pogues â€Å"The Raft of the Medusa†, by Theodore Gericault, 1819, was inspired by the catastrophic wreck of the French frigate, The Medusa, on July 2, 1816, off the west coast of Africa, during a voyage to Senagal. The ship ran aground on the Arguin Reef, in calm seas. In an attempt to preserve the lives of 400 passengers aboard, the crew, soldiers, sailors and passengers built a raft, manned the lifeboats and the raft, and abandoned the Medusa. What followed was a most harrowing experience that would challenge the soul and condemn the government of a world power. In 1816 the newly formed French government sent a small fleet of ships to the British port of Saint-Louis, Senegal, carrying the appointed French Governor, Colonel Julien-Desire Schmaltz and his wife, for the formal return of the colony to France. The fleet consisted of four ships, The Argus, The Loire, The Medusa and The Echo. The Medusa was to transport the governor along with 400 passengers, to re-establish the colony. Soon after departing the Port de Rochefort on June 17, 1816, the Medusa, piloted by an inexperienced captain, Hugues Duroy De Chaumereys, sailed quickly away from the rest of the fleet, leaving The Medusa, her crew and passengers to the mercy of the Atlantic. De Chaumereys, an incompetent sea captain, achieved his high ranking position due to political influences, and affiliation to the French Ministry of the Marine. He had prior experience as a customs officer for more than 20 years, and served against Napoleon, gaining him favor of the new Bourbon government, and disfavor among the crew. He resisted the advice of subordinate officers and the personal experiences of more seasoned sailors and caused the wreck of the Medusa on the Arguin Bank. De Chaumereys attempted to save the Medusa by lightening her load and discarding precious cargo designated for the Senegalese colony, into t... ... in the control of a less than qualified captain, and thus jeopardized the entire fleet, the crew and the contents designed for the colony at Senegal. A cover-up was affected, and Captain De Chaumereys was the person deemed liable and summarily court martialed, ruining his naval career. According to Savigny and Correard, â€Å"†¦men decorated with ribbons of all colors, who counted very well the number of their ancestors, but of whom it would have been useless to ask an account of their studies, being called to superior commands, have not been able to show anything but their orders and their unskilfulness. They have done more, they have had the privilege of losing the vessels and people of the State, without its being possible for the laws to reach them; and after all, how could a tribunal have condemned them? They might have replied to their judges, that they had not passed their time in studying the regulations of the service, or the laws of the marine, and that, if they had failed, it was without knowledge or design. In fact, it would be difficult to suppose that they intended to their own destruction: they have but too well proved that they knew how to provide for their own safety.†

Arbitration Agreement

BY: ISAAC, OKORONKWO . C. HEM/1137 ABSTRACT This paper seeks to look into the issues concerning arbitration agreement under the Arbitration and Conciliation Act (ACA). It identifies the categories, forms, parties and highlights of the arbitration agreement. It also examines the enforcement of an arbitration agreement. This paper reveals that arbitration is a major attraction as being the most flexible way of settling dispute. Thus, it was suggested that arbitration agreement is a vital component of an arbitration proceedings. 1. 0INTRODUCTIONArbitration has continued to maintain the lead as the preferred mechanism for resolution of domestic and international business disputes in the Nigerian legal system. An arbitration agreement means a voluntary agreement to submit to arbitration present or future disputes, â€Å"whether contractual or not†. It is clear; therefore, that a claim in tort or fraud may be the subject matter of an arbitration agreement (Udechukwu, 2008). An arbit ration agreement can be included in the original or be in the form of a separate agreement, either at the time of the contract or subsequently.Therefore, even in the absence of an original integrated arbitration clause the parties can still decide to settle a presently existing dispute by arbitration. The arbitration agreement is the document, which is normally in writing containing details about the reference of the disputes for resolution by the arbitrators. It is an agreement on paper containing information signed by the parties; containing and providing records of the arbitration agreement (Oyegbile, 2000). It is a very important document guiding the entire process of arbitration.It also includes any reference in a contract to a document containing an arbitration clause which constitutes an arbitration agreement if such contract is in writing and the reference is such as to make that clause part of the contract. Unless a contrary intention is expressed in the arbitration agreeme nt, it shall be irrevocable except:- i. By agreement of the parties ii. By leave of the court or a Judge iii. Even, the occurrence of death of either of the parties does not automatically revoke the arbitration agreement.Rather, it shall be enforceable by or against the personal representatives of the deceased. In the past, arbitration agreement could be in oral but the present arbitration act only recognized written agreement to arbitrate. The implication of this is that only written agreements are enforceable by the courts or Judge. 1. 1AIM AND OBJECTIVES The aim of this work is to provide information on arbitration agreement under the Arbitration and Conciliation Act (ACA) CAP A18 2004.To achieve the above aim, the specific objectives are to: * Identify the categories of arbitration agreement * Examine the enforcement of the arbitration agreement * Identify parties to the arbitration agreements * Identify the major highlight of Arbitration and Conciliation Act (ACA). 2. 0LITERATU RE REVIEW 2. 1CATEGORIES OF ARBITRATION AGREEMENTS There are two basic types of agreement: [1] the arbitration clause and [2] the submission agreement.An arbitration clause looks to the future, whereas a submission agreement looks to the past. The first, which is most common, is usually contained in the principal agreement between the parties and is an agreement to submit future disputes to arbitration. The second is an agreement to submit existing disputes to arbitration. Arbitration clauses are usually short, whilst submission agreements are usually long. This is not because of any particular legal requirement. It is simply a reflection of the practicalities of the situation.An arbitration clause that deals with disputes which may arise in the future does not usually go into much detail, since it is not known what kind of disputes will arise and how they should best be handled. Indeed, although the parties to a contract may agree to an arbitration clause, they hope that there will be no need to invoke it. Usually they insert a short model clause, recommended by an arbitral institution, as a formality. By contrast, a submission agreement deals with a dispute that has in fact already arisen; and so it can be tailored to fit precisely the circumstances of the case.In addition to indicating the place of arbitration and the substantive law, it generally names the arbitrators, sets out the matters in dispute and even, if thought appropriate, provides for exchange of written submissions and other procedure matters. 2. 2ENFORCEMENT OF THE ARBITRATION AGREEMENTS Nigerian Courts have adopted a positive approach to the enforcement of arbitration agreements. A review of the decided cases shows a general recognition by Nigerian Courts of arbitration as a good and valid alternative dispute resolution mechanism. In C. N.ONUSELOGU ENT. LTD. V. AFRIBANK (NIG. ) LTD, the Court held that arbitral proceedings are a recognised means of resolving disputes and should not be taken lightly by both counsel and parties. However, there must be an agreement to arbitrate, which is a voluntary submission to arbitration. Where there is an arbitration clause in a contract that is the subject matter of Court proceedings and a party to the Court proceedings promptly raises the issue of an arbitration clause, the Courts will order a stay of proceedings and refer the parties to arbitration.SECTIONS 6(3) and 21 of the Lagos State Arbitration Law 2009, which â€Å"empowers the Court to grant interim orders or reliefs to preserve the res or rights of parties pending arbitration. † Although the ACA in section 13 gives the arbitral tribunal power to make interim orders of preservation before or during arbitral proceedings, it does not expressly confer the power of preservative orders on the Court and Section 34 of the ACA limits the Courts’ power of intervention in arbitration to the express provisions of the ACA.The usefulness of section 6(3) of the Lagos State Arbitration Law 2009 is seen when there is an urgent need for interim preservative orders and the arbitral tribunal is yet to be constituted. In this regard, such applications find no direct backing under the ACA and have always been brought under the Rules of Court and under the Court’s inherent jurisdiction to grant interim orders. However, in AFRIBANK NIGERIA PLC V HACO, the Court granted interim relief and directed the parties to arbitrate under the provisions of ACA.Upon the publication of the award the parties returned to the Court for its enforcement as judgment of the Court. The Courts in Nigeria are often inclined to uphold the provisions of Sections 4 and 5 of the ACA provided the necessary conditions are met. A live case in point is the case of MINAJ SYSTEMS LTD. V. GLOBAL PLUS COMMUNICATION SYSTEMS LTD. & 5 ORS, in this case, the Claimant instituted a Court action in breach of the arbitration agreement in the main contract and on the Defendant’s application , the Court granted an order staying proceedings in the interim for 30 days pending arbitration.In NIGER PROGRESS LTD. V. N. E. I. CORP. , the Supreme Court followed section 5 of the ACA which gives the Court the jurisdiction to stay proceedings where there is an arbitration agreement. In the owners of the MV LUPEX V. NIGERIAN OVERSEAS CHARTERING & SHIPPING LTD, the Supreme Court held that it was an abuse of the Court process for the respondent to institute a fresh suit in Nigeria against the appellant for the same dispute during the pendency of the arbitration proceedings in London. In AKPAJI V.UDEMBA, the Court held that where a defendant fails to raise the issue of an arbitration clause and rely on same at the early stage of the proceeding but takes positive steps in the action, he would be deemed to have waived his right under the arbitration clause. 2. 3THE PARTIES TO AN ARBITRATION AGREEMENT The parties to a contract must have legal capacity to enter into that contract, otherw ise it is invalid. The position is no different if the contract in question happens to be an arbitration agreement.The general rule is that any natural or legal person who has the capacity to enter into a valid contract has the capacity to enter into an arbitration agreement. Accordingly, the parties to such agreements include individuals, as well as partnerships, corporations, states and state agencies. If an arbitration agreement is entered into by a party who does not have the capacity to do so, (the law where applicable) may be invoked either at the beginning or at the end of the arbitral process. If it is invoked at the eginning of the process, the party requesting for it would ask the competent court to stop the arbitration, on the basis that the arbitration agreement is null and void. Where the validity of the arbitration agreement is raised at the end of the arbitration process, the requesting party would ask that the competent court to refuse the recognition and enforcement of such an award, on the grounds that one of the parties to the arbitration agreement is â€Å"under some incapacity† under the applicable law. 3. 0MAJOR HIGHLIGHTS OF THE ARBITRATION ACT a) The Arbitration Clause: The Arbitration and Conciliation Act (â€Å"ACA†) CAP.A18 2004 mandates that all arbitration agreements must be in writing and signed by the parties, in an exchange of letters, telex, telegram or other means of communication; or point of claim or defence. In Nigeria, arbitration clauses are irrevocable except by the leave of court or mutual agreement of parties. Even where parties had no prior agreement, with a submission agreement, parties may still submit to arbitration; b) Subject-matter Arbitrability: The â€Å"ACA† does not stipulate any particular subject matter that may not be referred to arbitration.The question of whether or not a dispute is arbitrable has therefore been left at the discretion of the Courts. In ARAB REPUBLIC V. OGUNWALE(2002 ) 9 NWLR (PART 771) 127,the Court of Appeal held that the test for determining whether a dispute is arbitrable or not is that the dispute or difference must necessarily arise from the clause contained in the agreement. However not all disputes are necessarily arbitrable c) Binding Nature: The â€Å"ACA5† provides that every arbitration award in Nigeria shall be binding on the parties.This is to preclude a recalcitrant party from preventing a successful party from enjoying the fruits of his judgment. d) Number of Arbitrators: In Nigeria, the number of arbitrators is either one or three. The parties to an arbitration agreement may determine their preferred numbers of arbitrators to be appointed under the agreement, but where no such determination is made, the number of arbitrators shall be deemed to be three. e) Challenge of an arbitrator: Parties may determine the procedure to be followed in challenging an arbitrator. Where no such procedure is determined a party who intends t o challenge an arbitrator shall, within ifteen days of becoming aware of the constitution of the arbitral Tribunal or becoming aware of any of the grounds, send to the arbitral Tribunal a written statement of the reasons for the challenge. f) Preservative Orders: The provisions of the ACA cloths the members of a Tribunal with the requisite powers to grant preservative orders during an arbitration reference. These orders however do not include granting injunctions etc. The Act provides that in such circumstance, the Tribunal can remit that portion of the reference to a proper court for the grant of such injunctive relief. ) Language to be used in Arbitral proceedings: In Nigeria, the parties may, by agreement determine the language or languages to be used in the arbitral proceedings. But where they do not do so, the arbitral Tribunal shall determine the language to be used bearing in mind the relevant circumstances of the case. h) Legal Representation: In Nigeria, the parties to an a rbitral proceeding may appear for themselves or be represented or assisted by a legal practitioner of their choice. i) The Award: An Award may be interim, interlocutory, or final. Any award made in Nigeria must adhere to the following: * It must be in writing; It must be signed by all the arbitrators (if they are more than one); * It must be delivered with a reason (except where parties agree otherwise); * The place where the Award was made must be stated on the award. j) The enforcement of an Award: An arbitral award shall, irrespective of the country in which it is made, be recognised as binding on the parties. This is made possible by the Foreign Judgments (Reciprocal Enforcements) Act, Cap 152, Laws of the Federation of Nigeria 2004, which makes foreign arbitral awards registerable in Nigerian Courts if at the date of registration it could be enforced by execution in Nigeria. . 1THE DOCTRINE â€Å"SEPARABILITY† It is also known as the doctrine or principle of autonomy or independence of the arbitration clause. Separability means the arbitrability clause in a contract is considered to be separate from the main contract of which it forms part and as such, survives the termination of that contract. It noteworthy to mention that arbitration agreement can be in form of an arbitration clause in a contract or in a separate agreement addressing disputes that have already arisen.The doctrine of separability is most relevant to arbitration clause in a contract an underlying contract. At the outset it must be recognised that this doctrine is inextricably linked with the doctrine of kompetence-kompetence which empowers the arbitrator to decide his own jurisdiction in the first instance. While kompetence-kompetence empowers the arbitration tribunal to decide on its own jurisdiction, the doctrine of separability affects the outcome of this decision.The doctrine of separability is provided for under Section 12(2) of ACA: For purposes of subsection (1) of this sect ion, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract and a decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the validity of the arbitration clause. For arbitral tribunals whose seat is in Nigeria (including under domestic arbitration) the source of this doctrine is article 12(2) of ACA quoted above which is a mandatory provision.Parties cannot therefore as a matter of contract, derogate from this provision and agree otherwise. Finally, separability thus ensures that if, for example one party claims that there has been a total breach of contract by the other, the contract is not destroyed for all purposes. Instead: â€Å"It survives for the purpose of measuring the claims arising out of the breach, and the arbitration clause survives for determining the mode of their settlement. The purposes of the contract have failed, but the arbitration clause is not one of the purposes of the contract. † 4. 0DATA AND METHODIn bid to gather information for this study, the secondary source of data collection was utilized, which includes – journals, textbooks and other relevant document from the internet (web sites and e-library). 5. 0CONCLUSION The importance of the arbitration agreement is imperative and vital to the success of an arbitration proceeding. The arbitration agreement represents the wishes of the parties to submit future dispute to arbitration while submission clause attends to disputes that have already arisen. REFERENCES ACA. (2004). Arbitration and Concilation Act CAP A8, Laws of the Federation of Nigeria (LFN) .Nigeria. National Open University. (n. d. ). Alternative Disput Resolution II. Retrieved 02 23, 2013, from www. noun. edu. ng Oyegbile, S. O. (2000). An Introduction to Arbitration and Conciliation. Minna: Jameson Graphic Publishers. Tolulope, A. (2012). Arbitration in the Emerging Markets. The International Charmber of Commerce Clyde & Co. Conference (pp. 2-4). London: Aron. Udechukwu, C. E. (2008). Professional Practice for Real Estate Professionals. Lagos: Treem Nigeria Limited. Wikipedia. (2013). Web Encylopedia. Retrieved 02 14, 2013, from www. wikipedia. com: http://www. wikipedia. com

Perception Of Administrative Support And Teaching Deaf...

This study investigated teachers’ perception of Administrative Support they received from their schools, while teaching deaf students with additional disabilities. A total of 40 teachers from 5 schools, in 4 states, completed a self-reporting survey on the actual support they received and support they perceived they needed, when teaching deaf students with additional disabilities. The construct of Administrative Support was measured through the subscales of Emotional Support., Informational Support, Instrumental Support and Appraisal Support. Teachers’ support areas were identified as follows: (a) trained paraprofessional assistants; (b) work load; (c) time for planning, collaboration, and consultation; (d) availability of qualified related services professionals; (e) in-service training and workshops; and (f) mentoring in classroom instructional strategies and behavioral interventions. ANOVA was used to identify any significant difference based on the four subscales that defined Administrative Support. Also, ANOVA was used to determine if the responses by group (teachers with and without deaf education certification, years of teaching experience and where they attended a deaf education program or not), were significantly different. Significant differences were noted on teachers’ perceptions on three of the subscales, besides Appraisal Support. Additionally, the only demographic data that indicated significant difference was years of teaching experience. Key Words: Deaf,Show MoreRelatedAdvancing Effective Communicationcommunication, Cultural Competence, and Patient- and Family-Centered Care Quality Safety Equity53293 Words   |  214 Pages.................................11 Identify if the patient uses any assistive devices ..........................................................................................................................11 Ask the patient if there are any additional needs that may affect his or her care ........................................................................11 Communicate information about unique patient needs to the care team ...............................................................Read MoreLeadership for Health and Social Care and Children65584 Words   |  263 Pages100/4794/3 and the 3078 Level 4 NVQ in Leadership and Management for Care Services 500/4105/8 Learner logbook and Smartscreen Consult the Walled Garden/Online Catalogue for last dates City Guilds number 3978-51 Accredi tation number 600/0573/7 Support materials Registration and certification Title and level Level 5 Diploma in Leadership for Health and Social Care and Children and Young People’s Services (Children and Young People’s Residential Management) Level 5 Diploma in Leadership for HealthRead MoreFundamentals of Hrm263904 Words   |  1056 PagesThis online teaching and learning environment integrates the entire digital textbook with the most effective instructor and student resources With WileyPLUS: Students achieve concept mastery in a rich, structured environment that’s available 24/7 Instructors personalize and manage their course more effectively with assessment, assignments, grade tracking, and more manage time better study smarter save money From multiple study paths, to self-assessment, to a wealth of interactive visualRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 Pages978-0-13-283487-2 Brief Contents Preface xxii 1 2 Introduction 1 What Is Organizational Behavior? 3 The Individual 2 3 4 5 6 7 8 Diversity in Organizations 39 Attitudes and Job Satisfaction 69 Emotions and Moods 97 Personality and Values 131 Perception and Individual Decision Making 165 Motivation Concepts 201 Motivation: From Concepts to Applications 239 3 The Group 9 10 11 12 13 14 15 Foundations of Group Behavior 271 Understanding Work Teams 307 Communication 335 Leadership 367 PowerRead MoreStrategic Human Resource Management View.Pdf Uploaded Successfully133347 Words   |  534 Pagestheory for applications in real business environments.16 Page 12 STRATEGIC HUMAN RESOURCE MANAGEMENT Section One Outsourcing as an Alternative to Investment in Human Resources As indicated earlier, investments in human resources should support the organization’s strategies. Unless there is the potential to build capabilities that provide an advantage over competition, cost considerations often lead to the rational decision to outsource through specialized service providers rather than investRead More_x000C_Introduction to Statistics and Data Analysis355457 Words   |  1422 Pages94002-3098 USA For more information about our products, contact us at: Thomson Learning Academic Resource Center 1-800-423-0563 For permission to use material from this text or product, submit a request online at http://www.thomsonrights.com. Any additional questions about permissions can be submitted by e-mail to thomsonrights@thomson.com. Printed in the United States of America 1 2 3 4 5 6 7 11 10 09 08 07 ExamView  ® and ExamView Pro  ® are registered trademarks of FSCreations, Inc. Windows is