Monday, September 30, 2019
PESTEL Viet Nam Analysis Essay
A. Introduction of Viet Nam Vietnam is approximately 331688 km2 in area and occupied the eastern coast of the Southeast Asian peninsula. The northern part of the country part consists mostly of highlands and the Red River Delta. The south is divided into coastal lowlands and extensive forests. Because of differences in latitude and the marked variety of topographical relief, the climate tends to vary considerably from place to place. During the winter or dry season (November to April), the monsoon wind blowing from the northwest brings considerably moisture. Consequently the winter season in most parts of the country is dry. Major Vietnamese cities include Hanoi in the north, Da Nang in the mid coastal region, and Ho Chi Minh City (formally known as Saigon) to the south. Vietnam has considerable energy resources such as oil, gas and coal and its 41,000 km long waterways provide the basis for hydropower. The country is rich in minerals such as bauxite, iron ore, lead, gold, precious stones, tin, chromate, anthra cite, granite, marble, clay, white sand and graphite. In addition, Vietnam has a considerable fresh and saltwater fauna, dense tropical forestry resources and it possesses great agricultural potential. The history of Vietnam, reference to the Geneva Accord signed in 1954. The accord ended French colonial rule, and the country was partitioned into the Democratic Republic of Vietnam, led by Ho Chi Minh and the Republic of Vietnam in the South. The capitals were Hanoi for the North and Saigon for the South. Fights led by Ho Chi Minh to unite the country started in 1959 and lasted until 1975. Hanoi became the capital of the country whilst Saigon was renamed Ho Chi Minh City. Following reunification, the Vietnamese governmentââ¬â¢s initial plan was to manage the economy via methods of central planning. Based on experiences gained during the 1976-1980 five years plan, subsequent central plans introduced more relaxed policies with respect to agricultural collectives, State Owned Enterprises and allowed more scope for private initiatives. These measures were instrumental in elevating poverty.à Growth rates during the early 80ââ¬â¢s were higher than during the 1976-1980 five year pl an, however it became evident that further policy shift were necessary to enable the Vietnam economy to perform closer to its potential. Economic reform was the key point of discussion at the Sixth National Party Congress held in December 1986. The process then initiated of moving from a centrally planned economy to an open, socialist-oriented and multi-sector market economy known as Doi Moi (renovation). In 1992, the National Assembly revised the post-unification constitution to better reflect the aspirations articulated in the Doi Moi process. Economic performance since 1986 has justified the policy of relaxation of central control, the challenge faced by Vietnam has been the maintenance of rapid economic growth and integration into the global economy. B. ââ¬Å"P.E.S.T.L.Eâ⬠REPORT ON VIET NAM 1. Politics The Socialist Republic of Vietnam is a single-party state. Its current state constitution, which replaced the 1975 constitution in April 1992, asserts the central role of the Communist Party of Vietnam in all organs of government, politics and society. In 2011, Viet Nam held the 11th Congress of Vietnam Communist Party, in which happened the Election of the Party Central Committee for the new term. Mr. Nguyen Phu Trong was elected to be the General Secretary. After the Congress, there happened the fist Congress of the Parliament, term 13th, in which Mr. Nguyen Sinh Hung was elected to be the President of the Parliament, Mr. Truong Tan Sang the President of the Country, and Mr. Nguyen Tan Dung was elected to continue the position of Prime Minister. This Congress also issued 4 degrees: first, approving the State Budget, second, agreeing on the program of building laws and ordinances in2012, third, beginning the study of the amendments and supplements of the 1992 Constitution and establ ishing the revised draft of the 1992 Constitution, and finally, the degree on the issuance of certain additional tax measures to remove difficulties for enterprises and individuals, contributing to economic development in 2011. In 2011, the disputes over the East Sea was the main cause of some changes in relations between Vietnam and some important countries in the world, especially theà Vietnam ââ¬â China and Viet Nam ââ¬â U.S. Tension in the East Sea has escalated due to Chinaââ¬â¢s provocative acts in May, 2011. Then happened many anti-Chinese protests in Ha Noi and Ho Chi Minh city. In this context, the relation between Viet Nam and the U.S was proclaimed to be elevated to strategic partnership.4 And late 2011, the tensions in the Vietnam-China relations down to the visit by the senior officials of the two countries. In terms of politically domestic policy, the government kept a political stability, and showed some positive signs. For example, the freedom of the press seemed to be extended. In addition, the government was also more aware of its limitations and of the policy mistakes. Concretely, at the Fourth Conference of the Party Central Committee (XI), Mr. Nguyen Phu Trong said: ââ¬â¢Besides the achievements, the Party building work still has many limitations and shortcomings, weaknesses, even spanning multiple defects; these limitations would reduce peopleââ¬â¢s trust in the Party; if not corrected, they will be the challenge for leadership of the Party and the survival of the regime. 2. Economy The year of 2011 was important for the economy of Viet Nam because this is the first year in the latest Socio-Economic Development Strategy (2011-2020), with the goal of becoming an industrialized and modern economy by 2020. This strategy goes on to identify the countryââ¬â¢s key priorities to meet this ambitious target: stabilize the economy, build world-class infrastructure, create a skilled labor force, and strengthen market-based institutions. According to Vietnam Development Report (VDR) 2012, meeting these aspirations will not be easy. In fact, the country has experienced bouts of macroeconomic turbulence in recent yearsââ¬âdouble-digit inflation, depreciating currency, capital flight, and loss of international reservesââ¬âeroding investor confidence. Besides, rapid growth has revealed new structural problems. The quality and sustainability of growth remain a source of concern, given the resource-intensive pattern of growth, high levels of environmental degradation, lack of diversification and value addition in exports, and the declining contribution of productivity to growth. Vietnamââ¬â¢s competitiveness is under threat because the powerà generation has not kept pace with demand, logistical costs and real estate prices have climbed, and skill shortages are becoming more widespread. And these difficulties strongly existed in 2011. Concretely, the inflation in 2011 was 18.13%; the growth of GDP has slowed (5,89%). Domestic and international gold price gap increased. The Corruption index 2011 from Transparency International ranked Viet Nam at the position 112. This shows that Viet Nam has been faced one of the most difficult challenges of economic development. In terms of financial, according to the document of World Bank, in 2011, foreign direct investment inflows (to Viet Nam) continued at a steady pace, although new commitments declined. International reserves increased in the first half of the year while the Vietnamese dong benefitted from a period of relative calm. In the last quarter of the year, however, exchange rate fluctuations increased due to volatility in gold prices, deepening uncertainties and the seasonal increase in demand for foreign currency as the year end approaches. With approximate 9 billion U.S. dollars, the amount of money coming from overseas Vietnamese was one of the biggest sources of foreign currency in 2011. This amount is equivalent to the amount of FDI. Hong Kong, Singapore, and Japanese are the countries that contributed the biggest investment to Viet Nam in 2011. Hai Duong, Ho Chi Minh city, and Ha Noi are three places that has been most invested in recent time. The sectors that most attract the attention of foreign investors are processing industry, electricity supply, and accommodation and dining service. However, according to the analysis of a chief economist, Dr. Allan Pham, though facing the difficulties as mentioned above, the economy is coming to a better prospect in 2012, especially with a certain success in the fight against inflation of the country (the inflation has been trending down since the 4th quarter of 2011). Following is the figure of the selected macro indicators of the economy in recent years: Key Indicators 2007 2008 2009 2010 2011 2012 GDP growth (%) 8.5 6.2 5.3 6.78 5.8 6.0 CPI (%) 12.6 23 6.52 11.75 18.0 12-14 Trade deficit (USD) 12.5 17.8 12.2 12.4 12.1 13.3 Exports (USD) 48.4 62.5 56.6 71.6 80.2 86.5 Imports (USD) 60.8 80.3 68.8 84.0 92.4 99.8 FDI commitments (USD) 21.3 66.5 21.5 18.6 15.0 18.0 FDI disbursement (USD) 8.0 11.5 10.0 11.0 12.0 12.5 Credit growth (%) 54 21 37.7 27.6 15 18 SBV Base rate 8.2 8.5 8.0 9.0 9.0 9.0 Deposit rate (%) 7.0-8.0 7.0-8.5 9.5-10.5 10.0- 11.0 14 12.0 Lending rate (%) 10.0-12.0 10-12.5 10.5-12 13.0-13.5 18-20 14-16 USD/VND (bank rate) 16,016 17,468 18,600 19,500 21,500 22,500 Foreign Affairs At present, Vietnam has established diplomatic relations with 168 countries, and it has economic and trading relations with about 165 countries. Vietnam joined the United Nations in 1977. Vietnam became an official member of the Association of South East Asian Nations (ASEAN) in 1995, and has concluded a cooperation agreement with the European Community. Relationships with multi-national financial institutions such as the World Bank (WB), the International Monetary Fund (IMF) and the Asian Development Bank (ADB) have been re-established. Viet Nam has been participating in the ASEAN Free Trade Area (ââ¬Å"AFTAâ⬠) since 1996 and became a member of the Asia Pacific Economic Cooperation Forum (APEC) in 1998. Vietnam became an official member of the World Trade Organization (WTO) on 11 January 2007. In January 2008, the country started a two year term as an elected non-permanent member of the UN Security Council. Vietnam signed the bilateral trade agreement (BTA) with the United Sta tes in 2000. Besides aspects of international trade, the BTA covers a variety of other areas, including intellectual property rights, trade in services, development of investment relations, businessà facilitation and the obligation to ensure transparency of laws and regulations. The BTA essentially constitutes a commitment by both countries to open their markets to each other. Intellectual Property In recent years, the Government has taken various measures to increase the legal protection of intellectual property and has created an environment of respect for intellectual property as compared to other neighboring countries. Intellectual property rights are protected by the Civil Code (1995 and 2005), the Law on Intellectual Property (2005) and a host of subordinate legislation. Vietnam is a long-time signatory to the Paris Convention, the Madrid Agreement on International Trademark Registration, and the Patent Cooperation Treaty (ââ¬Å"PCTâ⬠) and became a member of the World Intellectual Property Organization in 1976. On 27 June 1997, Vietnam entered into an Agreement on copyrights with the US. According to the Viet Nam-US Bilateral Trade Agreement, Vietnam is under the obligation to adhere to the Berne Convention. The National Office of Intellectual Property (ââ¬Å"NOIPâ⬠) is the authority responsible for the registration of industrial property and for the resolutio n of disputes with regard to industrial property in the first instance. Foreign organizations and individuals seeking to register their industrial ownership should file their applications through an authorized agent, who will transfer their application to the NOIP. The Office of Copyright Protection under the Ministry of Culture, Sport and Tourism has also been established and is responsible for the protection of copyright. Works may be registered with the Office of Copyright Protection; however, registration is not a prerequisite for copyright protection. Currently, patents are protected for a period of 20 years. A certificate of utility solutions may be granted for 10 years. A certificate of industrial design is granted for 5 years and may be renewed every 5 years. However, the total effective period of a certificate cannot exceed 15 years. Certificates of trademarks are granted for 10 years with no restrictions on the number of renewals. Investment Guarantees The Government of Vietnam guarantees fair treatment for investors. Capital and other legal assets of investors will not be expropriated or confiscated by law or administrative measures and businesses with foreign-investedà capital will not be nationalized. Foreign investors are allowed to remit abroad investment capital and profits, loan principal and interest, and other legal proceeds and assets. Expatriates working for businesses with foreign-invested capital or for a business cooperation contract are permitted to remit their income abroad. The Vietnam government respects intellectual and industrial property rights and the interests of foreign investors relating to technology transfers into Vietnam. Economic Risks Global Finance Crisis is the hottest issues that people discuss most in this few years. The global financial crisis that started from the United States raises a very broad impact to Vietnam. Inflation Inflation has been in double digits since 2007 and peaking at 28% in August 2008. The fiscal deficit accounted for 4.5-5% GDP in 2008 while trade deficit reached US$17.5 billion (or over 20% of GDP), a level that signals vulnerability to a sudden drop in external demand (Figure 2). A high rate of investment combined with a sizeable fiscal deficit resulted in rapid growth in aggregate demand in the first half of 2008. Massive capital inflows generated asset price inflation, especially in real estate and land prices. Export Decline Vietnamese exports have suffered the strongest negative impact. With economic problems in the US, EU and Japan, which together account for more than 60% of Vietnamese exports, Vietnam saw a significant decline in export revenues. Vietnamââ¬â¢s export revenues fell 6.5% in November 2008 and a further 24% drop in January 2009 (year-on-year) (Figure 3). Orders for manufactured exports including garments, footwear and furniture dropped quickly, while seafood5 producers are also under pressure. The decline of orders has caused great difficulties for exporting companies, many of them are at risk of closing down.6 Vietnamese exportsââ¬â¢ growth is forecasted to decline from 30% in 2008 to 13% in 2009. Unemployment Unemployment has worsened. At February 28, 2009, 66,700 workers (out of 45 million workers) lost their jobs in 2008 with national unemployment rate of 4.65%. Thus, it is estimated that over 80,000 workers lost their jobsà nationwide in 2008. The latest forecast of Vietnam Labor and Employment Agency estimates the figure to hit 400,000 nationwide in 2009. Job cuts are rising especially in big cities11 with industrial, processing and exporting zones. The situation may worsen in 2009 with an unemployment rate of 5% and at a projected economic growth of 6.5%. High unemployment has already affected domestic demand and consumersââ¬â¢ sentiment in Vietnam, which are bearish in recent months. 3. Socio-Culture 3.1 Education Viet Namââ¬â¢s population enjoys a relatively high standard of education. In fact, Confucian ethics has strongly influenced upon Vietnameseââ¬â¢s viewpoint of social values, and education has always been considered as one of the best values that a person should desire to achieve. Nowadays, education has been still considered as one of the most important issues that the country has to pay great attention. Recently, at the 11th Party Congress, the government is determined to develop a national education policy as one of the priorities of the country. As a result, the country has gained big success in education. Concretely, according to the 2009 Census results, there are only nearly four million people who have never attended school (5.0% of the total population aged 5 years and over) and as compared with the 1999 Census this number has decreased 5% (6.9 million people, account for 10.0% of population aged 5 and over). This shows the significant progress of Vietnamââ¬â¢s educat ion sector in minimizing the number of people who never go to school. The official figures also point out that the literacy rate for the population aged 15 years and over increased by 3.7% (from 90.3% in 1999 to 94.0% in 2009). The female literacy rate increased 4.9%, while the male literacy rate increased 2.2%, significantly narrowing the literacy rate gap between men and women. Ha Noi, Hai Phong and Ho Chi Minh City are three provinces having the highest literacy rate (97.9%) while Lai Chau has the lowest (59.4%). This data shows that the literacy rate was not only increased quite rapidly but also express successes of Vietnamââ¬â¢s gender equality work in the education sector.13 Certainly, besides such successes, Vietnamese education system also has faced many challenges,à including poor infrastructure, lack of equipment and teaching materials, low wages precipitating an acute shortage of skilled teachers and academic staff, a relatively poor linkage of higher education with research, production and employment, and some contradictions of the system. As the analysis of RFA, the situation of education in Viet Nam in 2011 had some notable points as following: There were three positive points of the education in Vietnam in 2011. The first point is the plan of ââ¬Å"reducing the load of textbooksâ⬠from primary to secondary school of the Ministry of Education and Training. The second is the plan of achieving universal preschool education for children of 5 years old. In this plan, the Ministry of Education will build public kindergartens for children at age 5 in the mountainous areas; and the poor students will be exempt from tuition fees, with the plan of over 95% of children enroll in 2 sessions / day by 2015. And the third is the policy of training and vocational training in poor areas such as the Highlands. On the contrary, there were also many crucially negative points of the education in 2011. First of all, there was the imbalance in enrollment in universities and colleges between students with practical needs. The sectors of social sciences, agriculture, forestry and fishery were registered by only 2.5% of exam registration reco rds (while Vietnam has up to 70% of the population are farmers). And the sectors in demand such as business, tourism â⬠¦ had to be encountered the difference between training and recruitment practices; and this leads to the fact that graduates get difficulty to find job. Secondly, teacherââ¬â¢s salary does not meet their living when inflation is high; and this leads to some problems: the teachers could not focus on their business as they had to find extra jobs, or to open extra classes. Thirdly, there has existed the problem of the degradation in social ethics of many students, due to lack of paying attention on humanity teaching, which can be proved by many cases of students committed violent guilty or crime. 3.2 Human Resource The national average population in 2011 estimated 87.84 million, up by 1.04% compared to 2010, including male population 43.47 million, (49.5%), and female population 44.37 million, (50.5%). Urban population is 26.88 million,à (30.6%); rural population is 60.96 million (69.4 %). According to the official report, the population structure by age in Vietnam is in a positive change. The population in the working age is 46,48 million, increased 0,12% compared to 2010. The proportion of workers in the agriculture, forestry and fisheries declined from 48.7% in 2010 to 48.0% in 2011; in industry and construction rose from 21.7% to 22.4%; and in the services maintained at 29.6%. The unemployment rate in the working age was 2.27% in 2011, of which the urban areas account for 3.6%, the rural areas 1.71%. This is the period of the country with advantages in labor force, also known as the ââ¬Å"demographic window periodâ⬠, which began in 2003 and may last from 30 to 50 years. This is cons idered as a big advantage for the industrialization and modernization of the country, if it takes advantage of the superiority Vietnamese on the labor force. 3.3 Traffic: Conditions And Problems Highway system The road system consists of over 200,000 km network including over 10,000 bridges. However road conditions are not ideal, less than half of the national highways have two lanes or more. In addition, road congestion is increasing in major cities. In recent years, the Government has mobilized a significantly large amount of capital to upgrade the highway system with financial support from international lending agencies. Railway The rail network consists of about 2,600 km of singleââ¬âtrack line covering several routes. There are about 260 stations in the network. The longest and most important route is the Hanoi ââ¬â Ho Chi Minh City line, which stretches for 1,730 km. This line is now serviced by an express train, which makes the journey in approximately 29.5 hours. The lines connecting Vietnam to China were re-opened a few years ago. Inland Waterways Often overlooked by foreign investors, the inland waterway system offers a cheap and flexible mode of transport. Vietnam has more than 2,300 rivers and canals with total length of 198.000 km. Currently, the inland waterway has a system of over 61,000 km. The two major inland waterway systems serve as major transportation outlets. The first major inland waterway system is inà the Red River area in the north which stretches for approximately 2,500 km. Along this system there are five main ports, of which Hanoi is the largest. The second major inland waterway extends 4,500 km along the Mekong River and its tributaries in the South and boasts about 30 ports, including Ho Chi Minh City. The larger river vessels are tug-drawn barges. Official estimates put the fleet capacity at about 420,000 tons with speeds ranging from 2 to over 20 km an hour. Smaller, wooden barges are mostly privately owned. Ports Vietnam has eleven major seaports. Ho Chi Minh City serves most of the South and now boasts modern container loading facilities. Just a few hoursââ¬â¢ drive from Hanoi, Hai Phong serves much of the North. Given the rapid rise in trade volume, increasing port capacity is a national priority. Airports and Civil Aviation There are three international airports: Ho Chi Minh City, Hanoi and Da Nang. Currently, the Government has significantly upgraded international airports to handle the increase in the volume of traffic associated with Vietnamââ¬â¢s invigorated economy. A new international terminal of the Tan Son Nhat airport in Ho Chi Minh City, capable of handling up to 10 million passengers a year was opened in December 2007. Noi Bai airport in Hanoi was upgraded, enlarged and completed for operation in 2002, construction of a second terminal is expected to start in October 2008 and completed in two years. Four new international airports are planned to be constructed in Phu Quoc, Dong Nai, Lao Cai and Quang Ninh provinces. Preparations for the new Long Thanh International Airport, 40 kilometers from Ho Chi Minh City in Dong Nai province is underway. The airport is scheduled to open in 2010 and by 2015 it will be further expanded to reach an annual transportation capacity of 80 to 100 million pass engers, becoming one of the biggest airports in the region. In addition, there are 16 other domestic airports around the country. Culture and Social Vietnam is a country located in Southeast Asia, Vietnam is a culturally rich country whose distinct history played a role in the development of the modern day state. Vietnamese practices of Confucianism and showing reverence towards ancestors are evidence of Chinaââ¬â¢s historical influence on Vietnameseà society. Vietnam became an independent state in the tenth century but was colonized by the French in the mid 1800s. Vietnam gained independence in the mid twentieth century but still retains traces of French culture which are visible in the way people communicate verbally and nonverbally. Though Vietnam has struggled over the past century through colonial rule, the Vietnam War and recent economic upheavals, it is now rebuilding itself to be able to compete on a global scale. Having a comprehensive understanding of Vietnamââ¬â¢s unique cultural values and traditions can allow the company to develop strong and successful business relationships with Vietnamese counterparts. Language Vietnamese is the official language, although there are distinct northern, central and southern dialects and accents. It is a tonal language, with each syllable; there are six different tones that can be used, which change the definition and it often makes it difficult for foreigners to pick up the language. There are other languages spoken as well such as Chinese, Khmer, Cham and other languages spoken by tribes inhabiting the mountainous regions. Although there are some similarities to Southeast Asian languages, such as Chinese, Vietnamese is thought to be a separate language group, although a member of the Austro-Asiatic language family. In written form, Vietnamese uses the Roman alphabet and accent marks to show tones. This system of writing called ââ¬Å"quoc nguâ⬠, was created by Catholic missionaries in the 17th century to translate the scriptures. Eventually this system, particularly after World War I, replaced one using Chinese characters (chu nom), which had been the u nofficial written form used for centuries. Non-verbal communication For certain feelings, Vietnamese people favor non-verbal communication. Vietnamese do not express feeling of thankfulness of apology in verbal communication, but non-verbal through silence or a smile. The proper respectful behavior is to avoid eye contact when talking to person who is not equal status or of the same gender. The smile is another non-verbal symbol conveying the feeling of respect in Vietnamese culture. It is used as an expression of apology, or as expression of embarrassment. For the Vietnamese a smile is a proper response in most situation in which verbal expression is not necessary, or appropriate. Confucianism The teachings of Confucius influence the Vietnamese describe the position of the individual in Vietnamese society. Confucian teachings emphasize the importance of relationships, responsibility and obligation. This philosophy is still a vital component of Vietnamese society and is prevalent in Vietnamese business culture in conserving the harmony of the collective good. The basic tenets are based upon five different relationships: Ruler and subject Husband and wife Parents and children Brothers and sisters Friends Hierarchy As like other group-oriented societies, Vietnam hierarchical structures are very much based upon age and status. This derives from Confucianism, which emphasizes social order. Everyone is seen as having a distinct place and role within the hierarchical structure, be it the family or workplace. An obvious example is seen in social situations where the oldest person in a group is greeted or served first. Within the family the head would be responsible for making decisions and approving marriages. Therefore companies that want to invest in Vietnam are made sense to give more authority to local managers to control the subordinates. The organization structure can be designed as hierarchical, with power derived from prestige, force, and inheritance. Collectivism Vietnam is a collectivist society in which the needs of the group are often placed over the individual. Family and community concerns will almost always come before business or individual needs. Family in particular plays an important role in Vietnamese society. You will notice that close ties between extended families and communities can have a major influence on individual behavior and oftentimes there are multiple generations living under one roof. For this reason, the company of the investor can pay more attention to their employeesââ¬â¢ family members for example provide free medical treatment, childcare leave, family trips, etc. This can increase the employeesââ¬â¢ loyalty to the company. Besides, in order to increase efficiency of Vietnamese employees, the company should assign tasks to them by group rather than individual. Religion Religion in Vietnam is closely related to the history of Vietnam and most importantly the culture of Vietnam. The earliest established religions in Vietnam were Mahayana Buddhism, Confucianism and Daoism (called the ââ¬Ëtriple religionââ¬â¢). These religions have been co-existing in the country for centuries and mixed well with the Vietnamese tradition of ancestor worship. This special mix explains why the Vietnamese people find it hard to say exactly which religion the belong to. They usually classify themselves as non-religious, despite visiting religious temples several times every year. At the year 2006, the major religious affiliations amongst Vietnam born people were Buddhism (58.6%), Catholics (22.1%), other (4.6%), and no religion (11.03%). From the data, we were found that Buddhism, Confucianism and Daoism have greatly affected the Vietnameseââ¬â¢s behavior. The foreign investors should take note there are quite a large number of vegetarian in Vietnam, because of th e Buddhism religion. Food of Vietnamese Food is a very important part of Vietnamese culture. The Vietnamese not only enjoy eating but believe eating good food can bring harmony and closeness to the family and relationships. The types of foods are chosen to bring luck and these vary from province to province. Buying daily for fresh food is essential for all Vietnamese cooking. In general, Vietnamese people are not as concerned about nutrition as Westerner. They are more concerned with the quality of the foods. Concepts of Time Like most Asians, the Vietnamese have a more extended concept of time than that of most Americans. The agrarian nature of their traditional society focuses on seasons rather than days or weeks. And this tradition is reinforced by the Confucian tradition of respect for earlier generations. Americans measure time by the clock, Vietnamese by the monsoon. Although this is changing somewhat, Vietnamese can still be expected to take a longer view of time and be suspicious of the need for urgency in making decisionsà or culminating a business deal. Patience remains the ultimate Confucian virtue in personal life as well as in business. Personal Relationships In Vietnam, propriety and courtesy play a major role in personal relationships. Vietnamese are generally more interpersonally formal than are Americans. This formality decreases the uncertainty surrounding interpersonal contacts in Vietnamese society and is carried over into the business realm for the same reasons. During initial meetings with Vietnamese officials, you can expect little real business to be accomplished. The Vietnamese will concentrate on getting to know youââ¬âyour background, your expertise, your character. In their high-context communication culture, they will depend heavily on non-verbal clues to assess meaning. By becoming acquainted and establishing a personal relationship with you, they are merely trying to understand you better. Vietnamese society is comprised of an interconnected network of personal relationships, all of which carry obligations on both sides. These mutual obligations are the underpinnings of social order in Vietnam, so they are taken very seriously. Americans need to understand and be sensitive to the serious nature of what may seem to them to be casual business relations. Failure to do so could easily result in a loss of trust or credibility, with obvious implications for longer-term relationships. 4. Technology In terms of technology, Viet Nam is a rapidly developing country. The year 2011 was the beginning of the strategic plan of economic and social development, period 2011-2020, in which infrastructural building is considered as one of main targets. With this plan, the country has been building many expressways and will let the local transport network be eventually upgraded to meet the requirements of rural industrialization and modernization, and connect itself with the national system. In addition, the above plan also includes a project which will work to narrow its scientific and technological gap with the world in some key fields by 2020. To launch this project, the Government will give top priority to enhancing the competence of scientists and related managers while encouraging the organization of training courses partnered with foreign competent partners. According to the project, the Government will focus on scientific and technological renovation to sharpen the competitive edge of local products and assisting businesses to purchase patents in some prioritized areas: biotechnology, information technology, new materials technology ââ¬â Nano technology , manufacturing technology and automation. 5. Legislation The communist party-controlled government of Vietnam has ruled under four state constitutions. The first was promulgated in 1946, the second in 1959, the third in 1980, and the current in 1992 (amended in 2001). Significantly, each bore the mark of its time. On paper, all these constitutions seem to establish a solid democracy. In fact, the purpose of the 1946 constitution was essentially to provide the communist regime with freedom of speech, the press, and assembly. The second constitution was explicitly communist in character. Its preamble described the Democratic Republic of Vietnam as a ââ¬Å"peopleââ¬â¢s democratic state led by the working class,â⬠and the document provided for a nominal separation of powers among legislative, executive, and judicial branches of government. The 1980 Constitution concentrates power in a newly established Council of State much like the Presidium of the Supreme Soviet, endowing it nominally with both legislative and executive powers. Many functions of the legislature remain the same as under the 1959 document, but others have been transferred to the executive branch or assigned to both branches concurrently. The executive branch appears strengthened overall, having gained a second major executive body, the Council of State, and the importance of the National Assembly appears to have been reduced accordingly. The role of the Council of Ministers, while appearing on paper to have been subordinated to the new Council of State, in practice retained its former primacy. Having inherited the previous constitutions with substantial and basic changes, on the one hand, the 1992 Constitution continues reaffirming the basic principles in the constitutional history of Vietnam. First, it reiterates the target of socialist construction in Vietnam and the popular nature of the State. Second, the 1992 Constitution continues affirming the Communist Party of Vietnamââ¬â¢s leadership over the State and the society.à Third, it continues affirming the mechanism of State powers performed by the people through the National Assembly and the Peopleââ¬â¢s Councils, the organization and operation of the State under the principle of concentrated powers; the concentration of State powers uniformly into the National Assembly with the division of responsibility among State bodies for the exercise of the legislative power, executive power and judicial power. On the other hand, the 1992 Constitution sees big changes: Vietnam decided to take economic renewal as the cent ral task, First, building the multi-sector and multi-ownership market economy along the socialist orientation. open-door policy and international economic integration. In reality, however, final authority on all matters rested with the Political Bureau; especially, the guarantees provided by the constitutions for freedom of speech, the press, and assembly has been never intended to be carried out. The constitutions eventually show its limitations since Vietnam has joined the stream of globalization, especially in the field of human rights and land-ownership law. In a report made public at the Conference on the Rule of law for human rights in the ASEAN region held by the Human Rights Resource Centre for ASEAN (HRRCA) in Jakarta, Indonesia on 30 April 2011, Mr. Vo Van Ai, President of Que Me: Action for Democracy in Vietnam and the Vietnam Committee for Human Rights called on Vietnam to urgently reform its legal system and bring domestic legislation into line with international human rights laws. Mr. Vo Van Ai declared: ââ¬â¢36 years after the end of the Vietnam War, the rule of law exists only in theory in Vietnam. The government has incorporated human rights into its 1992 Constitution. Yet it has also adopted a whole arsenal of Laws, Decrees, Ordinances and Decisions which restrict or even nullify the exercise of these rights, in total violation of the UN Covenant on Civil and Political Rights (ICCPR) to which Vietnam adhered in 1982ââ¬â". At the beginning of the New Year 2012 (Jan 1, 2012), there happened The Tien Lang land withdrawal case: in Tien Lang district (on the outskirts of Haiphong, a port city east of Hanoi) a fish farmer, Doan Van Vuong, and his family had resisted a large force moving in to enforce an eviction order. With an improvised mine and muskets bought on the black market, theyââ¬â¢d wounded two soldiers and four policemen, including the local police chief. Primeà Minister Nguyen Tan Dung himself had to meet the Haiphong City authorities to resolve the case; and finally came to the conclusion on Feb 2 that the Haiphong government was absolutely wrong in the case; and he ordered the Haiphong City authorities to review their wrong works as and repair the situation. This case is just one among so many cases that show matters association with the land law. And this shocked case has raised the question of reforming the land law, which has been ambiguously claimed by the constitution as ââ¬â¢land is possessed by the whole peopleââ¬â". Mr. Dang Hung Vo, former Deputy Minister of Natural Resources and Environment, comments that ââ¬â¢itââ¬â¢s possible to see the recent incident at Tien Lang as a climactic demonstration of the faults in our Land Law and how it is implemented at the local level. A good farmer, pure, simple and hardworking, whoââ¬â¢s driven to defend his right to his land with home-made weapons ââ¬â what misery! Everybody believes that thereââ¬â¢s such a thing as justice and that the law ensures it. Certainly thatââ¬â¢s what the farmers who built the fish ponds at Tien Lang believed. They went to the court expecting fair play, but the simple truths they understood proved elusive. The hopelessness of their situati on drove them to take desperate measures. As mentioned above, the 11th Congress of Vietnam Communist Party held in 2011 issued four degrees; and one of them is beginning the study of the amendments and supplements of the 1992 Constitution and establishing the revised draft of the 1992 Constitution. This is urgent and necessary for the development of the country. 6. Environment Viet Nam is blessed by the nature, with a great ecological and hydrological diversity. The country is made up of equatorial lowlands, high, temperate plateaus and cooler mountainous areas. It lies in the inter-tropical zone and local conditions vary from frosty winters in the far northern hills to the year-round subequatorial warmth of the Mekong Delta. At sea level, the mean annual temperature is about 27à °C in the south, falling to about 21à °C in the far north. Geographically, it stretches over 1600km (1000mi) along the eastern coast of the Indochinese Peninsula; and has two main cultivated areas, that are the Red River Delta (15,000 sq km/5400 sq mi) in the northà and the Mekong Delta (60,000 sq km/23,400 sq mi) in the south. Vietnam also has diverse wildlife, with rare and precious fauna such as elephants, rhinoceros, tiger, leopard, black bear, snub-nosed monkey, crocodile and turtle. Forest area accounts for 2% of total forests in East Asia and Pacific. Fish catch is amon g the 10 highest countries in the world, with 1,451,800 tons per year. However, as the report of the World Bank on the environment in Viet Nam, ââ¬â¢Rapid economic growth in Vietnam over the last ten years, and its associated industrialization, urbanization, as well as increased exploitation of natural resources, has created significant pressures for the environment.ââ¬â"35 For example, the diverse wildlife is in precipitous decline because of the destruction of habitats, illegal hunting and pollution. In fact, Viet Nam Rhino was officially extinct in 2011. One of the most obvious examples for illustrating the environmental pollution is the phenomenon of getting narrowed of the lakes in Ha Noi. According to the Hanoi Construction Department, there are 111 ponds and lakes in Hanoi which cover a total area of 1165 hectares. The total area of lakes has decreased sharply during the urbanization, while a lot of them have disappeared. It is estimated that 80% of the lakesides have got polluted, 71% of lakes have suffered from pollution, 26% of the lakes still do not have embankments, while 8% of lakes have partial embankments. Environmentalists have called on to take urgent actions to protect the remaining lakes, or they would also disappear one day. Vietnam is among the countries that can be seriously affected by climate change. And the fact shows that the increasing deterioration of environmental conditions is emerging as a barrier to growth and development in recent years. In fact, according to the General Statistics Office, domestic natur al disasters occurred in 2011 has made 257 people dead and missing, 267 wounded; nearly 1.2 thousand houses collapsed and swept away; 391.8 thousand houses were submerged or damaged; more than 760 km of dykes, and the 680 km road motorized traffic bursts, landslides; 867 power poles broken or poured; nearly 54,000 hectares of rice and vegetables has been lost; more than 330,000 hectares of rice crops were flooded or damaged. Total value of damage caused by natural disasters in 2011 was estimated at over 10 trillion VND. Thus, this is really a big challenge of the country; and it needs a national and urgent action to prevent an ecological and hydrological catastrophe. C. BRIEF CONCLUSION With the aforementioned analysis of ââ¬â¢P.E.S.T.L.Eââ¬â", we see that in 2011, on the one hand, Viet Nam constantly attempted to keep its strategic plan of development, and also has obtained some important goals; on the other hand, the country had to face many difficulties and challenges which came both from outside and from inside. In my opinion, there are some main issues that the government should pay great attention in the coming years: reforming the education system, fighting against corruption (especially, promoting fiscal transparency and the public availability of economic data and information), reforming the state-owned sectors, amending laws, narrowing the gap between the Kinh, the Hoa and the ethnic minority groups, and improving environmental conditions.
Sunday, September 29, 2019
Recruitment Case Study Essay
_________ affect recruitment policies because firms often give preference to current employees in promotions, transfers, and other career-enhancing opportunities. Typically, the first step in an employeeââ¬â¢s introduction to company policies, practices, and benefits is a (n) _________ program. Which of the following statements about an aging organization is true? The information least likely to be obtained in reference checks and recommendations is: The step following recruitment is ________, which is basically a rapid, rough selection process. The role of organizational culture in staffing is best applied if companies: When implementing recruitment activities, initial consideration should be given to a companyââ¬â¢s __________, especially for filling jobs above the entry level. Promotion-from-within policies must ______________, coupled with a company philosophy that permits employees to consider available opportunities within the organization. Read more:à Recruitment Case Study Recruitment begins by specifying __________, which are the typical result of job analysis and workforce planning activities. Which of the following statements about a company using a passive nondiscrimination posture is true? A soft-quota system: Which of the following is a concerted effort by the organization to actively expand the pool of applicants so that no one is excluded because of past orà present discrimination? Which law gives students the legal right to see all letters of recommendation written about them and also permits release of information about a student only to people approved by the student at the time of the request? Which act requires third-party investigators to secure the applicantââ¬â¢s written consent prior to doing a background check? This type of management style is often associated with organizations in the embryonic stage.
Saturday, September 28, 2019
Was the Treaty of Versailles Fair?
Was the treaty of Versailles fair? The treaty of Versailles was signed in 1919 after the World War one. It was actually a punishment of Germany to start the war and forced it to accept all the blame. The involved requirements were seen to be very harsh. Many arguments were made on the treaty, and the most common question was that whether the treaty of Versailles fair. In my opinion, I am quite agreeing with the decision. Firstly, there is no fair in warfare. Defeat powers should obey the victorsââ¬â¢ orders unconditionally, no excuse, and no complaint, just accepting the lost.Secondly, the treaty of Versailles was made by the ââ¬Å" Big Threeâ⬠, they were Woodrow Wilson from America, Lloyd George from Britain and Clemenceau from French. The terms in the treaty were put up by those three ideas. Their different attitudes and opinions were restricting the others. Nobody would be completely satisfied and also no one could make it extremely harsh or kind. Thirdly, relating the co st of the war. This is also the most important point of my view. In World War 1, numbers of villages and towns were destroyed.The economy and industry in Europe collapsed. From every nation who took part in there barely was a family who hadn't lost a member, nearly 35 million casualties, including a large amount of death of innocent people. How could Germany and her allies pay for this? The treaty of Versailles was deserved. In the treaty, Germany was asked to pay a huge amount of reparations, up to 6600 millions. Some people thought it was very unreasonable. At the time, it was impossible for Germany, but it was not given a time limit.Germany can rebuild the economy step by step till finally being able to pay off the compensation payment. Germen were also very angry about the arrangement of the territories. As a defeated country, there was no doubt Germany need to give back all the colonies, and be planed just as it did to the other country before. In conclusion, I think the Treaty of Versailles was fair enough. The aim of it was to weaken the German power and ensure there was no any more war, nevertheless Germany regained the power in 20 years, rebuilt the industry and military.Germany recovered very fast from the lost. However, they did not cherisher the achievement, launched another worldwide war, which was larger and more disastrous instead. the fact strong proved that the treaty had pushed Germany too hard, otherwise they should not be able to start the war. Moreover, compared to the treaties they made to Russia, the treaty of Brest-Litvosk, which was much more horrible, and the huge cost of the World War 1, Germany was fairly lucky.
Friday, September 27, 2019
Think of your own Essay Example | Topics and Well Written Essays - 1250 words
Think of your own - Essay Example After World War II, a completely new development phase emerged. Therefore, the term development is in a great way based upon how the western world conceptualized it, regardless of the thoughts of the other world regions Development as a concept has various definitions. These definitions mostly rely on the context under which the term is used. For instance, whereas the 1987petit Robert dictionary defines development as a form of progress, growth, blossoming, expansion and extension, president Julius Nyerere of Tanzania implied that the term refers to a process that enables persons to live fulfilling and dignified lives in addition to building self-confidence. He went further to argue that the term refers to a process that tends to free people from exploitation and unfulfilled potential. On the other hand, human development report (1991) implied that the primary goal of development is to increase the number of available choices while increasing participation and democracy. Between 1870 and 1940, the great nations of the world commenced what they termed as ââ¬Ëdevelopmentââ¬â¢. From the onset, they considered their ideas, opinions and actions as acts that represented development. These ideas also represented an affluent society. Other non-European countries were therefore backward, and under developed. European colonization was the first step to the application of western development concepts. This venture was carried out without the United States. The Europeans in some instances took the conquered regions as extensions of the respective European countries. The Europeans visited most of the previously unvisited areas. The League of Nations developed an internationalism approach. It implied that the world had to look united. The internationalism of the League of Nations enabled the colonizers to profit greatly from their conquests by basically recognizing each otherââ¬â¢s rights. These devious plans enabled the nations to sway the
Thursday, September 26, 2019
The Council of Nicea Term Paper Example | Topics and Well Written Essays - 1250 words
The Council of Nicea - Term Paper Example The council discussed and came into an agreement, in the church of Alexandria, concerning the terms of Jesus in relation to the Father. In addition, the council came into an agreement concerning the date for Easter, which is the most documented event in the Christian history. This assignment will discuss the reasons for Nicaea council, the agendas discussed, Nicene Creed and the effects of the Nicaea council. Reasons for Nicaea Council Different reasons led to the gathering of the Nicaea council in 325 AD. Earlier, in 313 AD, Christianity was practiced without fear of persecution by any group. Since there was no persecution, Christianity spread and grew enormously. As Christianity grew rapidly, there emerged many church heretics. These false church heretics made it difficult to explain the correct teachings about Christ since there was a mix up in teaching; different church leaders had different views regarding Christ teachings (Wordsworth 37). This difference in teachings about Chri st made the council seek the correct teaching. Hence, with this confusion in Christ teaching, the council of Nicaea gathered in order to discus the correct teachings of Christ. One such false teaching about Christ was that Jesus had no relationship with the Father, which taught that Jesus was a superficial creature. This teaching caused chief controversies within the church and was condemned by the council of Nicaea. With the gathering of the council, Bishops and Constantine were able to come up with a common teaching of Christ through the formation of the Nicene Creed, which contained the statement of faith for the Christians (Wordsworth 40). The other chief reason for the council assembling; was to discuss and set the date for Easter. The council of Nicaea discussed the issue of Easter and came up to a conclusion that Easter should be celebrated by all Christians in the first Sunday after Equinox. The council resolved the issue raised by various individuals regarding the nature of Jesus. Although some people argued that Jesus had no relationship with God the Father, the council concluded that Jesus has a connection with the Father (Davis 40). Agenda of the Council of Nicaea The councilââ¬â¢s gathering was not without an agenda and procedure. The council gathered in order to discuss agenda such as the Arian question. The Arian question entailed the relationship that existed between Jesus and God (Wordsworth 56). Those who supported the Arian argument claimed that Jesus was the first creature to be created by God, and there existed no connection between Jesus and God. According to their argument, those who supported the Arian argument, Jesus was a superhuman. On discussing the agenda, the council ruled that Jesus and God were one in being. The second agenda discussed by the council concerned observation of the Paschal or better known as Easter. Christians differed on the actual date of celebrating the Easter. On discussing the agenda, the council concluded that all Christians should celebrate Easter on the first Sunday after Equinox. The third agenda discussed by the council of Nicaea was the Meletian schism. The council decided that Meletius should not ordain new clergy. He could not go out of the town for the purpose of ordaining Melitian leaders. The fourth agenda to be discussed by the Nicaea council comprised the validity of baptism (Davis 43). The council condemned the argument of heretics that baptism was not necessary. The council conclud
Del Rio Independent School District Essay Example | Topics and Well Written Essays - 500 words
Del Rio Independent School District - Essay Example Many of these issues with regards race and ethnic background strengthened America's democratic fundamentals. One of these landmark cases was of Loving vs. Virginia, a civil rights case in which the United States Supreme Court proclaimed that Virginia's anti-miscegenation law, the "Racial Integrity Act of 1924", unconstitutional, thereby ending all race-based legal constraints on marriage in the United States. The accused, Mildred Jeter, of African descent and Richard Perry Loving, of Caucasian race, reside in the Commonwealth of Virginia but married in June of 1958 in the District of Columbia. They had left Virginia in order to elude a state law prohibiting marital union between a 'white person' and a 'non-white person.' The Supreme Court declared Virginia's law unconstitutional which in turn paved the way for the abolition of all race-based marriage statutes in the United States. Another case significant to the equality of race was the Chinese Exclusion Act of 1882, barring immigration for ten years.
Wednesday, September 25, 2019
Feliz Navidad Essay Example | Topics and Well Written Essays - 750 words
Feliz Navidad - Essay Example The performance consists of simple singing or chanting of religious songs and all the homes are set up as a "Nativity scene" where the home owners pose as inn keepers. The interesting part is that the procession carries candles and statues of Jesus and Mary as the re-enactors ask for lodging at three houses and only the third house lets them inside in accordance with the Christmas story. The guests then enter the chosen house and sing traditional Christmas and religious songs for the Virgin Mary which concludes into a famous piata party for the children. Of course the ever famous Piata (which originates from Italian tradition) is the main object of interest for the children at these parties .This is a clay pot decorated with paper, and is filled with hard candy, peanuts sugar cane and fruit. The children are blindfolded and take turns at hitting it with a stick until it breaks so they can all have the sweet treats inside. The traditional Christmas piata is shaped like a star and has seven peaks, which symbolizes the seven deadly sins. The stick with which it is broken is a symbol of faith and therefore the destruction of the Piata is a symbol of the destruction of these deadly sins with faith. The Mexicans also have a very unique tradition of exchanging presents at New Years Eve rather than on Christmas .This gift exchanging is known as Misa de Gallo (Rooster's Mass). Some families might even wait as late as the Wise Mens Day which is on January the 6th to exchange gifts because on this day the Magi brought gifts to the baby Jesus. Instead of stockings (like in the American culture) the children traditionally place their shoes near the window so the Magi can fill the shoes with gifts .The children also look forward to the Merienda, ( a tea time with hot chocolate) and La Meridenda, (an festive dinner) in celebration of this day. This is a two week national holiday for the Mexicans .The US influence is ever present as in the recent decades there has been an adaptation of Santa Claus and many other American traditions. However the strong and unique Mexican culture continues to dominate these very family oriented traditions. The Holiday festivities end on the Noche Buena (Christmas Eve) with the celebration of a late-night Misa de Gallo (Rooster's Mass).This is followed by a festive dinner of traditional cuisines and sweet meats. The Christmas celebration hardly ends there as on December 28, Day of the Holy Innocents there is a commemoration of King Herod's attempt to slaughter all the new born male infants including baby Jesus. The Mexicans add a comic twist to the day as they play pranks on each other just like the April fool's day. The Christmas season continues merrily into the Three Kings Day which symbolises the arrival in Bethlehem of The Wise Men bringing gifts for baby Jesus. Reyes Magos is the Mexican version of the Santa Claus and on every January the 6th the native Mexican children hope to receive toys and gifts from this mythical figure. The Mexicans with their merry culture and strong family ties make the Christmas festivities a treat for the eyes and the soul. The final Candlemas is on February the 2nd officially marking the end of
Tuesday, September 24, 2019
Personal health and safety at the construction site Essay
Personal health and safety at the construction site - Essay Example A high level of risk is inherent in the construction work. The heavy equipment, channels of electric supplies, and mechanical operations all make construction work very risky from the point of view of safety. Almost a third of all fatalities in the construction projects happen during the execution of a project (hes.gov.uk, n.d.). If the CDM coordination is not done appropriately, the finished structure might be unsafe for use and maintenance, and lack its potential to deliver good value for investment to the client. Ideally, the CDM coordinator is appointed while the project is in its conceptual stage before the completion of the initial design work of the project (hse.gov.uk, n.d.). This provides the CDM coordinators with an opportunity to decide the feasibility of the project and identify possible constraints related to clientââ¬â¢s expectations and projectââ¬â¢s execution. It is crucial to appoint a CDM coordinator before the commencement of the detailed design. The client h as to appoint a CDM coordinator when the duration of a project is more than 30 days or when the number of person days of work exceeds 500 (cdm-regulations-uk.co.uk, n.d.). This requirement also stands for the planning supervisor, though a CDM coordinator, unlike a planning supervisor, needs to help the client fulfill the duties, particularly the adequacy of arrangements of other duty holders. Before the appointment of a CDM coordinator, nothing more than the initial design work should be completed. The CDM coordinators that are appointed on the construction sites assume the responsibilities declared in the CDM 2007. These responsibilities include cooperating and coordinating with the organizations for the personnelââ¬â¢s health and safety benefits. The CDM coordinators need to ensure that their training is up-to-date and the work is done safely. They need complete briefing before doing work that is high in risk. The CDM coordinators should get appropriate certifications to do the work competently (newlifecleaning.com, n.d.). A CDM coordinator can provide a principal contractor with assistance in numerous aspects of health and safety including development and implementation of a documented plan and rules of the construction site, advice on the facilities of site security, evaluation of the appointeesââ¬â¢ competence, and advice on the site induction training (SHERWOOD SURVEYORS, 2013). Evaluation of the duties and responsibilities of a CDM coordinator suggests that he assumes a major role in the entire project life-cycle starting from the concept of the project through to the feasibility studies, design, execution, monitoring and control, and the delivery of the project. As the name of this job suggests, the CDM coordinator ensures coordination between the design, construction, and management of the project. This includes all aspects that are directly or indirectly related to the work, such as management of health and safety of the personnel, protection o f environment, and flow of communication between the project parties. Analysis of these responsibilit
Monday, September 23, 2019
Science News Article Example | Topics and Well Written Essays - 500 words
Science News - Article Example However, in Asimovââ¬â¢s words, the future is not safeguarded and humanity is staring at disaster. This is evident in issues of overpopulation, global warming, and inter-ethnic conflicts that threaten existence itself. Overall, a belief in an interesting future remains the only gateway to a pleasurable life. There are equally scientists who have attempted to defy norms that have been considered taboos. For instance, the story of the tycoon who attempted to defy gravity is the best case study. In the movie Gravity, two spacecraft astronauts try to oppose the gravitational pull occasioned by severe orbital altitudes. Unfortunately, the phenomenon of inverse square law weakens gravity but still, does not after the effects of the gravitational force (Johnson 1). Likewise, the strength of gravity on terra firma is a huge phenomenon that accounts for more than 13 percent when assessed from the International Space Station. It, therefore, concludes that the actors in Gravity would depart space at the speed of 17,000 mile per hour. Astronomy faces a hazy future if the right plans are not implemented to safeguard most its gains over the last centuries. According to Dennis Overbye, the foundation of the Lick Observatory marks the beginning of a collaborative initiative with the University of California to collect $700,000 in the acquisition of bigger telescopes. On that account, the purchase of the Thirty-Meter Telescope has resulted to acrimony amongst astronomers who fear that the Observatory maybe closed. It implies that they would lose valuable educational and research tools that have shaped astronomy in the institution for many years (Overbye 1). Similarly, Telescopes at Lick were instrumental in the research on dark energy that earned the university the Nobel Prize in 2011. Therefore, a move to interfere with its operations is tantamount to suppressing the success of adaptive
Sunday, September 22, 2019
The Great Gatsby and the American Dream Essay Example for Free
The Great Gatsby and the American Dream Essay As Lenny Wilkens explains, the American Dream is not an inevitable realization. There is no certainty that one can obtain their American Dream. One must work hard and be dedicated in order to achieve it. However, this dream is sometimes out of reach and impossible to obtain. For example, during the 1920ââ¬â¢s many individuals pursued the dream of becoming rich and prosperous. Then, in the early 1930ââ¬â¢s the Great Depression hit America and their hopes were destroyed by a dwindling economy. F. Scott Fitzgerald presents the same idea of an unattainable dream in the novel, The Great Gatsby. One of the main characters, Jay Gatsby, falls in love with Daisy, but he is unable to stay with her because he is poor. He devotes his life to fulfilling his American Dream of marrying her and living the rest of his life with her. However, he cannot see that Daisy has moved on with her life without him. Through the use of episode, character and symbol in the novel, we can see that Gatsby pursues his American Dream, determined that he will achieve it, however, oblivious to the fact that it is unattainable. During the episode when Nick explains Gatsbyââ¬â¢s early encounters with Daisy, we can see that Gatsby is lured into the illusion that he can be with Daisy, but he doesnââ¬â¢t see that his dream is not possible. When Gatsby first meets Daisy, he puts on a persona that allows him to temporarily be with her: ââ¬Å"However glorious might be his future as Jay Gatsby, he was at present a penniless young man without a past, and at any moment the invisible cloak of his uniform might slip from his shouldersâ⬠¦ eventually he took Daisy one still October night, took her because he had no real right to touch her handâ⬠(156). Because of Gatsbyââ¬â¢s social status, he does not belong with Daisy. However, he is so obsessed with the idea of being with her that he lies to her and shows that he is a wealthy person. He thinks that he can become wealthy enough in the future and earn the right to marry her. However, this accomplishment would take far too long for Daisy to wait for him. When Gatsby is a young man, he realizes that he cannot be with Daisy at the moment because of his social status: ââ¬Å"He found that he had committed himself to the following of a grailâ⬠¦ She vanished into her rich house, into herrich, full life, leaving Gatsbyââ¬ânothing. He felt married to her, that was allâ⬠(156-157). Gatsby realizes that it is impossible to be with Daisy while he is poor, so he commits himself to obtaining material possessions to impress her and get her to love him again. What he cannot understand is that Daisy does not feel the same way about him as he does about her. Gatsby creates an illusion that she will wait for him until he is worthy of her social status, but his illusion is misleading. Daisy cannot wait for Gatsby because she wants to move on with her life: ââ¬Å"She wanted her life shaped now, immediatelyââ¬âand the decision must be made by some forceââ¬âof love, of money, of unquestionable practicalityââ¬âthat was close at handâ⬠(159). After Gatsby left for the war and did not see Daisy for a long time, his love for her was still strong. However, her ephemeral love for him could not last. Daisy believed that she should find someone who could love and support her. She did not wait for Gatsby because she needed to find someone and move on with her life. Gatsby cannot come to the realization that he had lost her in the gap of their social statuses. Therefore, he dedicates himself to an unattainable American dream. Through the episode explaining Gatsbyââ¬â¢s initial interactions with Daisy, the novel shows that a person can be lured into following the ghost of an American dream. The character Jay Gatsby is determined to achieve his dream of marrying Daisy, but he is unable to see that this dream cannot be reached. Nick, the narrator of the novel, explains that Gatsby has a significant quality of pursuing his dreams: ââ¬Å" If personality is an unbroken series of successful gestures, then there was something gorgeous about him, some heightened sensitivity to the promises of life, as if he were related to one of those intricate machines that register earthquakes ten thousand miles awayâ⬠(6). Gatsby has the quality of determination to get what he wants. His dream of marrying Daisy seems like a promise of life to him and he expects it to come true . Although this dream is very distant, Gatsby has no doubt that he will succeed in achieving it. When Gatsby meets up with Daisy for the first time in years, he becomes very nervous and acts in a different manner: ââ¬Å"Gatsby, pale as death, with his hands plunged like weights in his coat pockets, was standing in a puddle of water glaring tragically into my eyesâ⬠(91). When Gatsby is finally face to face with his ultimate dream, he does not want to mess up the situation. Daisy is very important to him and he has a lot of pressure on him to impress her. He is overwhelmed by this pressure and seems to be very uncomfortable with the fact that he might lose his dream. Nick explains that Gatsbyââ¬â¢s dream is one built on immoral grounds: ââ¬Å"It is what preyed on Gatsby, what foul dust floated in the wake of his dreams that temporarily closed out my interest in the abortive sorrows and short-winded elations of menâ⬠(6-7). Gatsby is so obsessed with being with Daisy that he cannot understand that what he is trying to accomplish is both immoral and selfish. By seeking Daisyââ¬â¢s love, he is trying to end Tom and Daisyââ¬â¢s marriage. His desire to be with Daisy creates an illusion in his mind that Daisy had never loved Tom and had only loved him, but he cannot see that this is not the case. He doesnââ¬â¢t understand that Daisy had moved on without him and that his dream cannot come true. Through the use of the character, Jay Gatsby, the novel exemplifies the fact that the American dream is sometimes out of reach. In the novel, a green light at the end of Daisyââ¬â¢s dock symbolizes the unreachable dream for Jay Gatsby. Nick sees Gatsby standing at the edge of the water, gazing toward Daisyââ¬â¢s house: ââ¬Å"He gave a sudden intimation that he was content to be aloneââ¬âhe stretched out his arms toward the dark water in a curious way, and far as I was from him, I could have sworn he was trembling. Involuntarily, I glanced seawardââ¬âand distinguished nothing except a single green light, minute and far awayâ⬠(25-26). Gatsby views this green light as a representation of Daisy and the future. Its presence alone gives Gatsby hope that one day he will achieve his dream. However, this light is far away, across an entire lake, representing Gatsbyââ¬â¢s inability to fulfill his desired future. After Gatsby discusses the green light with Daisy, he believes that his dream is not so far after all: ââ¬Å"Daisy put her arm through his abruptly but he seemed to absorb what he had just said. Possibly it had occurred to him that the colossal significance of that light had now vanished foreverâ⬠(98). Gatsby and Daisy meet up for the first time and tour his mansion. Daisy seems impressed, but Gatsby views her reaction as more significant than it actually is. Now that Gatsby thinks that his dream is becoming real, he views the green light differently. To Gatsby, it no longer symbolizes the fact that Daisy is far away. In this manner, Gatsby is lured into believing that his dream is obtainable. Nick explains that the green light signified hope for Gatsby, but he didnââ¬â¢t realize that this hope was false: I thought of Gatsbyââ¬â¢s wonder when he first picked out the green light at the end of Daisyââ¬â¢s dock. He had come a long way to this blue lawn and his dream must have seemed so close that he could hardly fail to grasp it. He did not know that it was already behind himâ⬠¦ Gatsby believed in the green light, the orgastic future that year by year recedes before usâ⬠¦ So we beat on, boats against the current, borne back ceaselessly into the past (189). The green light was a guiding force for Gatsby in that it would remind him of the great future that he thought he could have. He had worked so hard to obtain his dream, but his future was not certain, like he believed it was. Nick explains that Gatsby was never moving toward the future, but he was always stuck in the dissatisfaction of the past. The green light is a symbol of Gatsbyââ¬â¢s impractical American dream; despite his overwhelming desire to be with Daisy, Gatsbyââ¬â¢s dream cannot be reached. Jay Gatsby, through his obsession with Daisy, creates an illusion that Daisy had always loved him and wanted to be with him. He becomes tempted to pursue his dream of being with Daisy, but he is oblivious to the fact that she does not share the same goal. While she moves on with her life, Gatsby is stuck trying to solve the problems of his past. He follows a dream that was never possible to achieve. Although Gatsby is determined to fulfill his dream and dedicates himself to it, his dream is impossible. Gatsby is ultimately lured into pursing an unattainable American dream, one that leaves him lost in the past.
Saturday, September 21, 2019
Comparing Eastern and Western Management Styles
Comparing Eastern and Western Management Styles Nowadays, organizations exist in the competitive business environment where theres rapid development which lead to high failure rate and difficult to stand up among the strong competitive environment. Turbulent business environment caused lots of organizations to face bankruptcy; however, there are still many successful organizations which have great success through their hard work. For those successful organizations, the main objectives are to maximum their competitive advantage and increase their market shares in the market place. However, such aim cannot be accomplish without the combination of instrumental and conceptual knowledge in their management practices. In fact, every successful organization needs competent people who have the all- around knowledge of leadership. Every business has a person to lead the organization to achieve success. The ability of this person to lead is essential to sustain the performance and growth of any businesses. Such person is sometimes seen as a charismatic leader, or even a competent manager can help to growth a business by manage the employees and operation effectively. In fact, the person who was seen as a leader of the organization is mostly the CEO of that organization, the decision and every single action that the CEO take will have massive impact on every single employee within the organization. The ability of a CEO to become a leader is essential in today competitive environment since CEO which has the ability to lead and create follower can create a vision for the organization and every people in that organization will be unite to achieve that vision. Mullins (2005) and Huczynski Buchanan (2007) also pointed out the important of leadership existing in the organizations. Hence, this essay will focus on the instrumental and conceptual knowledge of leadership by comparing two leaders from different culture and situation. 1.0 Introduction to Leadership Leaders are perceived as the heart of a business which inspire the whole organization and create vision for that particular business. Leadership is no longer a new word in the organization, but it is still a controversial word that many scholars concern with, because of the role we assume it plays in the organization is crucial. And there is always lack of the competent leadership in the society. In that case, lots of authors and scholars define the term of leadership through their understanding. In 1950, through long times study, Stogdill defined the term of leadership as the process of influencing the activities of an organized group in its efforts towards goal- setting and goal achievement (cited in Huczynski Buchanan, 2007: p. 716). According to Robbins Decenzo (2005: p. 240), leader may be defined as persons with managerial and personal power who can influence others to perform actions beyond those that could be dictated by those persons formal (position) authority alone. Moreover, as leader in the recent year, their responsibility is coordinating the others and followers at most of the time. From goal focus to human behaviour focus, or from autocratic leaders to democratic leaders, they all demonstrated that leadership is more and more important for any organizations. Leaders versus Managers However, there are distinguishing between leaders and managers which we should realize before analysing the leadership within the organization. Some argue that manager is not a leader, but the roles of a manager require them to become a leader (Huczynski Buchanan, 2007). As Robbins Decenzo (2005: p. 244) suggest not all leaders are managers, nor are all managers leaders. There are differences between a manager and a leader, manager manage but a leader lead. Robbins Decenzo (2005: p. 239) defined manager as persons whose influence on others is limited to the appointed managerial authority of their positions to reward and punish. Manager manage the rules, follow the procedures and manage everything according to the system and structure establish by the company, they manage the people by the power and authority they have, people are managed not because of the manager, it is because the authority and power that the manager have. However, some argue that leader can create follower and make people to believe without any power or authority, people are willing to follow the leader on their own behalf and will (Huczynski Buchanan, 2007). Thus, there are no clear line that separate a manager and a leader, a CEO can have the characteristic of both which make them more competences to manage and lead the company to a greater success. It is undeniable that in today competitive environment, both leading and managing role are critical success factor for a CEO to have in order to achieve greater achievement (Kyle, 2004; Kotter, 2001). As De Wit Meyer (2004: p. 497) argue, Every leader must perform some managerial functions, even though every manager cannot take a leadership role. Wit Meyer (2010) argues that: the leader controls the allocation of the attention focus of the participants in the organization in any organization where managers dominate, structured rules tend to influence the allocation of attention, but the leader will try to capture the attention focus of the participants so that their attention is allocated to the areas that the leader considers important. Leaders to Discuss and Compare This paper will discover two successful leaders Jeff Bezos from the west and Akio Toyoda from the east by comparing their leadership style and other aspects related to leadership in order to discover the differences of leadership in different culture and background. Jeff Bezos from the West Jeff Bezos is the founder, president, chief executive officer and chairman of the board of Amazon.com (New York Daily News, 2008). He founded Amazon.com in 1994, and launched in 1995. As a founder and CEO of Amazon.com, Jeff Bezos is a pioneer in e-commerce (Spiro, 2009). As shown in Fair (2002): At the end of 1999, Amazon had raked in over a billion dollars in sales à ¢Ã¢â ¬Ã ¦ in 2001, Amazon reported a fiscal loss of $1.4 billion, and had laid off over 200 workers in the last year à ¢Ã¢â ¬Ã ¦ Instead of giving up, Bezos had an idea: recruit other companies to sell their products online through Amazon as well. The idea worked. Companies such as Target, Toys R Us, Old Navy, and many others have agreed to sell their items through Amazon. Although Amazon is not directly responsible for inventory through these companies, they do get part of the sales, creating a profit for all involved. Since the inception of the idea, Amazon is now back on its feet and remains one of the most popular online vendors in the world today. Akio Toyoda from the East According to Los Angeles Times, 2009: Toyota tapped Akio Toyoda, grandson of the Japanese automakers founder, as president of Toyota à ¢Ã¢â ¬Ã ¦ The U.S.-educated Toyoda, 52, is the first founding family member to take the helm at Japans No. 1 automaker in 14 years. He promised a reaffirmation of the companys core principles, such as valuing ideas from the ranks a management approach called kaizen, [also known as Toyota Production System] that has made Toyotas production methods famous in industry circles around the world. 2.0 Comparison of Leadership Style and Culture 2.1 Participative Leadership Style and Charismatic Theory Jeff Bezos is more like a charismatic leader that practiced participative leadership style. Although he faced some obstacle in the early years, he managed to overcome the entire problem and bring Amazon to become one of the most innovative companies in the e-commerce industry. He launched Amazon.com and being persistent in persuading his aspiration, one of the characteristic of leader as describe by Mullins (2005). Jeff Bezos has the criteria as a charismatic leader as he has the ability to create a vision for the future and make everyone within Amazon believe in his visions that make him a charismatic leader. A vision should create enthusiasm, bringing energy and commitment to the organization (Robbins Decenzo, 2005: p. 246), while Ingbretsen (n. d.) argues that a charismatic leader has the ability to articulate a vision that touches an emotional chord with an audience. Jeff Bezos manages to lead people by making them believe that his innovative idea of online bookstore will be a s uccess. He had prove his vision are achievable and people believe in him since he lead everyone in the company to work hard and achieve the goal and objective to become the innovative player within the e-commerce industry, and people believe in him since he managed to turn the situation of Amazon around. As Robbins Decenzo (2005: p. 247) suggest, Charisma leadership appears to be most appropriate when the followers task has an ideological component or when the environment involves a high degree of stress and uncertainty. However, based on the other perspective that goes against charismatic theory, Raelin (2003) suggest that follower will follow the charismatic leader is just because the publicity make the leader look so powerful and great. The fancy packaging with the help from media had made the charismatic leader look like a legend, a myth that everyone believe is true. Levesque McNeil (2003, p. 215) strongly argue that as followers interact, they begin to define a social reality of leadership representing special mythical qualities endowed only by very special people. Raelin believes that followers are predisposed to look for a cause and a leader for whom they can become true believers (2003, p. 66). The critics for charismatic leader are that without massive publicity, there will be no charismatic leader; people will not recognize that leader at all. If Jeff Bezos is not good at making himself high profile by attending conferences, posting his own comment or opinions on the web, attending public events, accept a lot of interview and so on which make him highly expose to the media and make publicity for himself and the company as well, there will be no quoted as a charismatic leader for him. He was being quoted as a charismatic leader as people know what he done through the media and all the fancy publicity which make him look as great as a hero. There are many leaders around the world, even if we do not know their names or what great things that they have done, it didnt make them less an effective or great leader. Charismatic is not the only recognition for a great leader, people recognize the leader that they respect within their heart, even without the media spreading that lea der legend, people will still respect that leader, even he or she is not a charismatic leader. Indeed, some of the most significant CEO in the history of the visionary companies did not have the personality traits of the archetypal high-profile, charismatic leader (Forster, 2005, p. 30). 2.2 Autocratic and Collaborative Leadership Style On the other hand, Akio Toyoda practiced the autocratic leadership style and until now, the belief of autocratic leadership style still remain within the organization and most managerial level personnel practiced the same autocratic leadership style to manage their people. The main reason autocratic is effective at Toyota mostly based on the power-cultural that Japan always have. Akio Toyoda as president of Toyota is reaffirming its commitment to collaborative culture and methods (Rosen, 2009). Although being autocratic, Akio Toyoda practiced Genchi genbutsu or see it for yourself fits squarely into collaborative culture and methods of Toyota (Liker, 2004). As leaders, Akio Toyoda suggests that manager needed to hold themselves accountable for all their decisions, which they required their people to execute very quickly. Collaborative leadership and autocratic style of Akio Toyoda doesnt make him stay away from their unique kaizen production method, but to collaborate more with the implementation of lean production plant which was known as the Toyota Production System (Liker, 2004). Toyota Production System distinguished from its competitors and hard to duplicate since it is underpinned by just-in-time delivery (JIT); product quality; employee flexibility and the elimination of waste. This unique lean production system was buttressed by principle such as teamwork, continuous improvement, quality circles and employee development. 2.3 Traits Theory Although both leaders practiced different leadership style, they have their own personality traits that made them a great leader. First of all, based on the instrumental knowledge, the traits theory also call traits- spotting is argued even in recent years, for the reason of that leader is nature born or make. Although, there are thousands of successful leaders existing in the world, all of them have their own traits which can be summarize as six leadership traits including ambition and energy, desire to lead, honesty and integrity, self- confidence, intelligence and job- relevant knowledge. Hence, instrumental knowledge indicated that the traits are the distinguishing personal characteristics of a leader through six leadership traits (Robbins Decenzo, 2005: p. 256). However, not every leader has all of the personal traits instead of maybe some of them. And lots of examples tell us that leader with different traits also can obtain successful in every area. For instance, Jeff Bezos a nd Akio Toyoda have total different characteristics and personal traits, but both of them acquired big successful in the business world. However, in contrast with the instrumental knowledge, the conceptual knowledge holds that it is difficult to identify whether any people is naturally born with trait, or they might just gain those ability through their life experience and learn from it. Besides, different countries which have different culture will need leader with different characteristic. Thus, every leader which is required in different country will need to have different trait. For example, people from the Western countries and people from the Eastern country will have different culture or ways of doing things (Hofstede, n. d.). Thus, different leadership style need to be implement in different countries, if that particular countries are afraid of uncertainty and have a high level of avoidance for confusion, such as China, Japan and others, the Autocratic style might be more appropriate. Therefore, there is no one universally accepted set of traits for all leaders. Every single individual are different, their abi lity and skills, knowledge and experience will be different as well and they will be accepted in the mind of different people which appreciate their traits. 2.4 Behavioural Theory The most popular behavior style theory should be Blake and Moutons Grid which is based on the idea that different in leadership approach are a function of concern for people and concern for production emerged during the 1960s (Doyle Smith, 2001). According to behavioral theory, it is easy to find out which style the leaders are belonging to by identifying the behavior. For example, leadership styles are another important aspect from the management process where different country will have different management style. Huczynski Buchanan (2007) suggest that leader cannot use the same leadership style in their various locations around the world due to the cultural and behavior differences. Japanese leadership style differs from those in the U.S and the most common is that Japanese (Akio Toyoda) and U.S (Jeff Bezos) leader have a basically different philosophy of managing people. For example, Jeff Bezos is heavily individual-orientated and will praised individual with great performance in front of everyone. However, a Japanese saying is, the nail that sticks out gets hammered down which mean that no individual should stand out from the group. Giving out individual reward system in Japan could embarrass a Japanese worker and is not accepted at Japan. Western motivation models are culturally individualistic, applying them to a collectivistic culture is probably inappropriate. As Fujisawa, co-founder of Honda Motor Company stated, Japanese and American management is 95% the same and differs in all important aspects (Keeley, 2001, p. 18; Erez Gati, 2004). U.S leadership style is not appropriate at Japan where the Japanese employees are unable to accept or tolerate participative and individual orientated leadership style. Mintzberg Westly (2001) suggest that Japanese worker dislike emphasize on individual performance and more toward group-orientation, and will felt appreciate if their leader can pay some attention to them at work and also concern a little bit about their personal life, like what Akio Toyoda did as a leader at Toyota. Akio Toyoda was more willing to allow poor performance to continue for a time so that those who were involved would learn from their mistake and to harvest loyalty among employees. The example above clearly showed that there are clearly different ways to work in different culture and it is important for leader to understand such differences and manage the employees based on their own culture. Huczynski Buchanan (2007) argues that leadership styles vary from company to company. There are many different styles of leadership that can bring success to an organization but organization has to make sure that their leadership style is right for the business. Which leadership styles to practice depend on many factors, but the most determine factors that has the biggest influence on management style will definitely be culture and behavior. 2.5 Contingency Theory and Hofstedes Five Cultural Dimensions Fiedler and his associates bring out the contingency theory which combines leadership style and situation during 1960s. In Fielders model, the good performance of the group depends on the interaction of the leadership style and the favorable situation, and a good leadership must be flexible and adaptable in order to appropriate different situation within the organization no matter how hard or soft situation (Huczynski Buchanan, 2007). Thus, there is no single style of leadership which can match to all situations; even the most effective leadership behavior should depend on the situational factors. Hofstede (n. d.) commented that: Western countries have characteristics of high individualism, medium uncertainty avoidance, high masculinity, low to medium power distance, and low long-term orientation. [Thus, based on the situation, it is best for Jeff Bezos to practiced participative leadership style in USA. On the other hand, eastern countries such as Japan] was found to have characteristics of low individualism, high uncertainty avoidance, high masculinity, high power distance, and high long-term orientation Hence, it is more appropriate for Akio Toyoda to practiced autocratic leadership style to suit the cultural and situation at Japan. In order to compare the different culture of USA and Japan, Hofstedes Cultural Dimensions of USA and Japan will be as the following (Hofstede, n. d.): Source: Geert Hofstede, Cultural Dimensions, www.geert-hofstede.com 3.0 Conclusion In conclusion, it is undeniable that Jeff Bezos is a great CEO which made Amazon a famous and innovative online company globally. However, it is too narrow to believe that charismatic leader is everything since Akio Toyoda is still a great leader without being a charismatic leader. Jeff Bezos is a charismatic leader, it might be his style to be one, but charismatic leader style is not suitable for everyone or in different culture, background and country, it might not be essential. Therefore, there is no one universal accepted leadership style that is the most effective one. Great leader are not only charismatic leader, anyone who was seen as a great leader, no matter what his leadership style was, is nothing less an effective leader if they were not quoted as one. Thus, culture differences play a significant role whereby leaders must consistently aware of the cultural change and react to the situation in order to lead their staff with the most appropriate type of leadership. Without acknowledging to the aforesaid, one will never be a good leader.
Friday, September 20, 2019
New Jersey V. T.L.O. Essay -- essays research papers
The Fourth Amendment to the constitution protects United States citizens from unreasonable searches and seizures. Our forefathers recognized the harm and abuses that occurred in the colonies to innocent people by the British, and they made sure to write protections into the U.S. Constitution. Fearing the police state that any nation has the potential to become and recognizing that freedom and liberty is meaningless when victimization by the police is a real and foreboding threat the Fourth Amendment was created. The Fourth Amendment has gone through many challenges and controversies in the past, and currently the issue of how the Fourth Amendment applies to students in public schools has come to be contended in the courts. While it is apparent to me that the Fourth Amendment should be no less applicable in schools than in the general society these essential Constitutional protections have been under fire in recent years and many rights have been taken away from students. The Fourth Amendment of the Constitution states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." No where in this law does it create special divisions or classifications between adults and minors in society, so one should naturally assume that persons under 18 should be afforded the same protections as anyone over 18. The moment when minors are most at the mercy of government officials is while in school, and this is when these Constitutional Fourth Amendment protections are needed. The largest and first assault on the rights of students to be free from unreasonable searches and seizures occurred in the case of New Jersey v. T.L.O. In 1980 at Piscataway High School in Middlesex County, N.J. a few girls were caught smoking in the bathroom. After being brought to the principal's office one of the girls, T.L.O., denied that she had been smoking. The principal then searched her purse looking for cigarettes. After finding a pack of cigarettes the search continued until the principal discovered evidence of drug dealing. This evidence was used to prosecute T.L.O. and ultimately she received a year of p... ...arteries a secret. This I find to be substantially suspect. While I do not argue that the student athletes have a lower expectation of privacy due to their situation in the locker rooms and activities undertaken together as a team, I do not believe that this expectation is nearly low enough to allow an invasion of ones own body for the purposes of a search. Clearly there is no way for anyone to have any indication of what chemicals are contained inside one's own blood by a casual glance or even a thorough study of the outside of one's body. The expectation of privacy regarding one's blood would be equivalent to the contents of a safe hidden and locked inside one's house. While this expectation of privacy is something to be respected it can still be violated by an individual suspicious of guilt accompanied by a probable cause and a search warrant. In that case the blood test or the opening of the safe would be justified in my opinion. But due to the nature of the randomness of thi s search it is obvious to me that it is unconstitutional and this court decision should be reversed. These two court cases are very important in the evolution of the Fourth Amendment in public schools. New Jersey V. T.L.O. Essay -- essays research papers The Fourth Amendment to the constitution protects United States citizens from unreasonable searches and seizures. Our forefathers recognized the harm and abuses that occurred in the colonies to innocent people by the British, and they made sure to write protections into the U.S. Constitution. Fearing the police state that any nation has the potential to become and recognizing that freedom and liberty is meaningless when victimization by the police is a real and foreboding threat the Fourth Amendment was created. The Fourth Amendment has gone through many challenges and controversies in the past, and currently the issue of how the Fourth Amendment applies to students in public schools has come to be contended in the courts. While it is apparent to me that the Fourth Amendment should be no less applicable in schools than in the general society these essential Constitutional protections have been under fire in recent years and many rights have been taken away from students. The Fourth Amendment of the Constitution states, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." No where in this law does it create special divisions or classifications between adults and minors in society, so one should naturally assume that persons under 18 should be afforded the same protections as anyone over 18. The moment when minors are most at the mercy of government officials is while in school, and this is when these Constitutional Fourth Amendment protections are needed. The largest and first assault on the rights of students to be free from unreasonable searches and seizures occurred in the case of New Jersey v. T.L.O. In 1980 at Piscataway High School in Middlesex County, N.J. a few girls were caught smoking in the bathroom. After being brought to the principal's office one of the girls, T.L.O., denied that she had been smoking. The principal then searched her purse looking for cigarettes. After finding a pack of cigarettes the search continued until the principal discovered evidence of drug dealing. This evidence was used to prosecute T.L.O. and ultimately she received a year of p... ...arteries a secret. This I find to be substantially suspect. While I do not argue that the student athletes have a lower expectation of privacy due to their situation in the locker rooms and activities undertaken together as a team, I do not believe that this expectation is nearly low enough to allow an invasion of ones own body for the purposes of a search. Clearly there is no way for anyone to have any indication of what chemicals are contained inside one's own blood by a casual glance or even a thorough study of the outside of one's body. The expectation of privacy regarding one's blood would be equivalent to the contents of a safe hidden and locked inside one's house. While this expectation of privacy is something to be respected it can still be violated by an individual suspicious of guilt accompanied by a probable cause and a search warrant. In that case the blood test or the opening of the safe would be justified in my opinion. But due to the nature of the randomness of thi s search it is obvious to me that it is unconstitutional and this court decision should be reversed. These two court cases are very important in the evolution of the Fourth Amendment in public schools.
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