Fathers Rights in Childcare

Fathers Rights in Childcare In recent years the rights of Fathers has become a highly controversial issue. Groups such as father- 4-justice have embarked on hard-hitting campaigns that have attempted to expose discrimination within British Law and the judicial system against the rights of men to have access to their children after divorce. British law, it is argued, is both unequal in this regard and damaging to the welfare of children, fathers and families. In this essay I shall argue that British family law does indeed discriminate against fathers and that the law should be changed. The essay is divided into three main sections: (1) Cultural attitudes to fathers and fatherhood; (2) unequal treatment of fathers within British Family Law and the judicial system that upholds it; (3) the social and pyschological consequences of descrimination aagainst fathers and thus why/how the law should be changed. Cultural attitidues to fathers and fatherhood For centuries the dominant conception of the role of fathers was as the breadwinner who would provide for his wife and children. The role of women was to maintain the family home and care for the children. This division of roles was, and still is in some quarters, supported by natural law, scientific reason or religious belief. In other words, the traditional division of roles between men and women was either divinely ordained or it was simply the natural, biological order. Until recently, this division of roles enabled, in western societies, a patriarchal order. Men’s role enabled them to control the structures of power within society and thus the lmited rights of women. Family issues were largely a private matter and to a considerable extent beyond the jurisdiction of the law. Since the 1960’s however this patriarchal order has to a significant extent been diminished. The sexual liberation of women, the advancement of women in public life and secularisation has brought about a different set of cultural attitudes regarding the familial roles of men and women. However, this shift in cultural attitudes has not led to quite as much change in relation to the conception of the role of men. To be sure, it is now widely thought that men need not neccessarily be the main breadwinners and that they should carry out their fair share of household and child-caring duties. However, it is still widely believed, it would seem, that men are not as capable of caring for children as women are. For many women, it seems, the main function of men is as sexual partners and sperm donors. Once they have provided sperm, they are, for an increasing number of women, disposable. After all, women’s own increased financial security and the security provided by the state means that that they are not needed for financial support. As the following section attempts to demonstrate, this perception of the role of men is supported by the law. The unequal treatement of fathers in British Law Family Law: divorce Clearly, the point at which the rights of fathers becomes an issue is when marraiges or cohabitation breaks down. Given the unequal treatment of fathers that will be accounted for below, it is perhaps unsurprising that most requests for divorce are brought by women, some 80% in fact (Gross, 2004) It could be argued that the high rate of divorce has actually been encouraged by the ease with which it is now possible to obtain a divorce. The 1996 Family Law act introduced the no fault divorce (Oldham, 2004). This means that so long as one party believes that the ‘marraige is over’ the other party must accept that this is the case. Furthermore, the partner who requests divorce does not have to give any justification for the request for a divorce. To be sure, there is a provision for marraige counselling and mediation, which must have been exhuasted before divorce can be accepted (Oldham, 2004). However, there is very little power to enforce these measures and in any case onc e it has reached this stage it is unlikely that the marraige can be recovered. In theory, the no fault divorce is all well and good. Why should one partner be kept within a marraige that they are unhappy with. Surely, it cannot be good for the welfare of children if their parents do not get on with each other or if one partner is seriously unhappy. That said however, it could be argued that the ease with which it is possible to obtain a divorce has further diminished the rights of men. This is because, as will be further explained below, the rights of men to have access to their children, and in terms of the money they are expected to give over to their former wife, is descriminatory. More divorce means more marginalised men. Just as in the past when women were economically and culturally disadvantaged after divorce, so it is now the case for men except for somewhat differing reasons. Custody rights The 1996 Family Law act states that of paramount importance in allocating the custody rights of parents after divorce is the welfare of the children (Oldham, 2004). The problem is however that men and women are not considered equal in relation to their chances of ensuring the welfare of children. Indeed, neither parent actually has a right in law to see their own children but the resident parent i.e the women, is significantly advantaged. This is supported by the childrens act of 1989. This act carries no presumption whatsoever that the father should have rights to see his children (Oldham, 2004). All that is conferred by statute is that the father should not be prevented from having contact with his child ‘ at all and forever without some reason’. This means that if a mother seeks to prevent the father from having regular contact with his children she is almost certain to win, regardless. Furthermore, it means that the ‘contact’ can be variously defined fr om a minimum of supervised contact for an hour in a contact centre once a month. In fact the childrens act confers the rights of contact upon the children themselves. This means that if the child wishes to see the non-resident parent then his or her wish should be granted. On the other hand however, if the child does not wish to see the non-resident parent then contact will range from non-existent to minimal. Clearly this favours the resident parent because the resident parent is likely to be able to control the actions and wishes of the child. Family Courts The settlement of disputes regarding the allocation of contact rights through family courts leads to further descrimination against fathers. To begin with these courts meet in secret. Their delibarations are secret and thus so is the reasoning which led them to  arrive at a decision regarding the welfare of the children. The courts only need to refer to guidlines on the childs welfare, nothing else. And in almost every case this is bound to favour the resident parent, the mother (Gross, 2004). In cases where neither parent has been socially deviant, the mother can claim that the child is still not well looked after by the father when he is in custody of the children. Since the issue at hand is ‘how much contact should the father have given the welfare of the child’ and not ‘how is it possible to ensure an equitable, workable child caring arragement given the best interests of the child being contact with both parents’ then the burden is on the father to pr ove that he can care for the child adequately when in his care. This means that apparently minor concerns such as whether the child returns tired, emotionally upset or late can be raised against the father. It is not taken into account that these concerns can be an evryday normal occurence under the care of the mother. There is no wieghing up of interests between the fathers rights of contact, the legitimacy of the mothers view of the father and the childs interests. Rather, there is just an attempt to remove possible hinder ant’s to the childs welfare when considering applications for contact (Lockhart, 2001). In cases where there is no contact to begin with then it is unlikley that much further contact will be granted, because contact with the father is not recognised to be in the childs interests beyond those that have been explicitly expressed by the child. CAFCASS Family court judges follow the advice of Family Court Welfare Offices. These offices are responsible for the interpretation of the Children Act and Family Policy (Gross, 2004). They provide reports on the welfare of the children based on inspections, interviews with parents and the guidelines. The problem is that the training these officers recieve does not prepare them for judgement in individual cases. This means that judgement is more-or-less removed from the judicial process pertaining to the allocation of custody rights, because judges in family courts merely follow their recommendations. Most crucially the reports can also take into account claims by the mother that the father is violent or abusive towards his children. These claims are not tested through the proper judicial process and can simply remain as a slur on the  fathers character. Fathers rights groups claim that such claims should either be subject to criminal charges and thus trial in court or removed utterly. Wor se still, fathers do not have the rights and nor does anyone else, to question the Family Court Welfare Officer Enforcement In cases where the court has allocated the father a certain amount of contact time and when the mother has failed to meet the requirements there is also very little that can be done to enforce the order. Of course, if the non-resident parent fails to meet the requirements of the order then he could pay a heavy penalty. He could either have his contact entitlements completely removed or worse still fined, ordered to do community service or even imprisoned. There have been numerous cases where the father has been sent to prison for doing apparently harmless things such as sending presents on his childs birthday or waving to the child without gaining prior permission from the relevant authorities (Lockhart, 2001). On the other hand, when the fathers rights of contact have been denied then very little is or can be done because a rather narrow conception of the welfare of the child is the main consideration, which does not include the need for contact with both parents. Parental Alienation All of the procedures described above are subject to a condition called Parental Alienation (Hooper). This is when one parent, usuually the resident parent or mother in most cases, encourages the child to reject the non-resident parent. Clearly the resident parent has an advantage in this regard simply because she is with the child more often. According to the Stockholm Syndrome there is a psychological state whereby the captive takes on the beliefs and wishes of the captor and often wilfully and actively complies with them. In family court judgements and in the reports of family court welfare officers, parental alienation syndrome is hardly accounted for at all. This can not only be hurtful to the father it can also lead to the denial of his contact rights. The Child Support Agency The Child Support Agency is another instutution that enforces descrimination against fathers. In addition to Fathers being denied access to their children they are forced to pay in most cases around a third of their salary to the resident parent for the care of the child. At a superfical level the principle that non-resident parents should contribute financially to the upbringing of their children seems reasonable enough. However, when it is enforced in addition to a financial settelment after the divorce and a denial of the fathers rights to see his children it can be little short of barbaric, let alone unequal. Let’s deal with the unequal aspect first. The problem is that the agency seeks payement from the ‘absent parent’ which means fathers , universally, because fathers have been labelled as ‘absent’ parents regardless of any other circumstances. Worse still, in cases where the father earns a merely average income it can leave him with no possibil ity of obtaining another mortgage and limited chances of prusing another familial relationship. This situation can affect fathers who were neither in a married or cohabiting relationship with the mother and may only have known the mother for a short period of time. Since it is entirely the decision of the mother as to whether she has an abortion and at least half the responsibility of the mother to use contraception, this would appear both unfair and open to abuse. Why the law should be changes? The reasons provided above should already be ample evidence for why the law ought to changed. But the case is strengthened when we consider the consequences of descrimination against fathers. Depression The law offers no protection against fathers who have been denied access to their children, have had most of their assets taken away and who are forced to give over a third of their income. Indeed, the law promotes situations of this type. Therefore, many fathers drift into depression and even suicide. Consider an extreme but all to  probable scenario. After a divorce settlement brought about by continued acts of adultery, the mother decides that in order to guarantee her own best interests she lies to the welfare officer and the courts about the fathers violent and neglegant behaviour and encourages the child to do likewise. This accusation remains untried and untested but leads to the welfare officer producing an unfavourable report for the family court. Despite wanting to attempt to repair the marraige the father, who has already been forced to give up the family home and other assets, is ordered to remain out of contact with his children, who on the mothers instruction have exp ressed hatred towards him, and then asked to pay maintainence from his earnings for the childrens wlefare. He is then left alone, with only the means for basic self-substistence, without any contact with his children who he has been told do not want to see him anyway. The chances of surviving such a scenario without suffering severe depression would seem unlikely. Effects on children Whilst the welfare of the children is supposed to be of paramount concern to the law and the judges that implement it, the consequences for children of having limited contact with the father are rarely accounted for. Gone are the days when there was a widely accepted scientific consensus that deemed men naturally incapable of caring for children and when children were considered to be psychologically and emotionally dependent on the mother but not on the father. However, there remains relative silence about the effects on children as a result of fatherless families because it is considered offensive to one parent families, and to ethnic groups within which there is a propensity towards one-parent families. There is however, research that suggests that fathers have a positive impact on the lives and cognitive development of their children (Lockhart, 2001). Likewise there is also research that suggests that children with absent fathers are more likely to become socially deviant. Furthermore, the law offers little protection against children who are forced to remain in the care of unfit mothers who, despite their protestation that the father is neglegant or violent are unfit themselves to be the carer of the child. This is partly because the fathers views on this matter are not considered and it may only be the father who is  capable of forming them, since social care professionals are unlikely to have gained the level of access and knowledge needed to be able to make such a judgement. Are fathers rights human rights? Many campaigners on human rights have argued that the right of a father to have contact with his children should be considered a human right. If a human right is a right pertaining to the ability of a human being to live with basic human needs then surely the ability of fathers to have contact with children should be a human right. What could be more essential to a reasonable human existence than to have contact with and at least knowledge of ones children, for both parents. For most caring, responsible parents this is in fact more essential to a reasonable human existence than access to food or shelter. It is prior to all other needs and aspirations. Moreover, if there is any such thing as human rights then the right to regular contact with ones children should be the most fundamental of these rights. However, proclaiming the rights of fathers as human rights is possibly not the best way to attempt to establish such rights. Firstly, this is because, strategically, human rights declarations are often so vague and potentially contradictory that they can be overturned by the particular legal and political system that is supposed to protect them. One of the reasons for this is that it is notoriously difficult to prove, philosophically, what is a universal human right. Such a possibility is to a significant extent dependent upon the philosophical credibility of a conception of humaness, which will always be highly contested. Perhaps it would be better therefore to concentrate on conceptions of legal equality, citizenship and the good of society than proclaiming fathers rights as human rights. It would be better to argue that in a democratic society fathers should at the very least be given the right to defend their rights to have contact with their children in legitimate courts of law. Paths to the reform of family law and its implementation When considering the ways in which the unequal treament of men in British family  law it is best to first concentrate on the unexplored benifits of shared responsibility for children. Why not establish a default conception of the welfare of children which proposes that it is best for the childrenn, when no partner is socially deviant, for both parents to have an equal share of the responsibilities for the child’s care. The objection to this has been that it is too disruptive for the child, emotionally and in other practical respects, for the child to be regularly moving from one abode to another. But is this really the case? Clearly, very little research has been carried out on the potential effects of such an arrangement since it is hardly ever pursued. Another avenue for reform could be to radically improve the training of welfare officers. This would be a fairly simple and much less complicated measure that introducing a new family law. Welfare officers could at least be trained more specifically to detect the existence of parental alienation. To be sure this is not just a matter of training it would also involve putting the issue on the welfare checklist. Additionally, allegations of domestic violence and neglect ought to be removed from consideration unless they are proven. Some would argue that certain cases of domestic violence are hard to prove in court which would make children more vulnerable. But at least the burden of proof in respect to the suitability of fathers to care for children should be much tougher than it is at present. These would be piecemeal advances, but if the law is to truly treat men and women equally there needs to be a wholly new act. Such an act would not just be introduced to protect the rights of fathers, but to better protect the institution of the family and the welfare of children. Conclusion In conclusion we can say that for several reasons British family law unfairly descriminates against fathers. Firstly, there is no provision for the rights of fathers in family law in case or statute law. Secondly, the non-resident parents access to the child is dependent upon the consent of the child, which is bound to favour the resident parent, especially if there is implacable hostility between the two parents. Thirdly, the  judicial system that upholds family law also, institutionally, descriminates against men. This is because deliberation is made in secret and family welfare officers cannot be questioned, which simply maintains inequality within the law because it precludes the fathers point of view. For these reasons, and because the alienation of fathers can lead to depression and unfavourable effects on the children, the law should indeed be changed. Bibliography Robert C Lockhart Fathers Have Rights Too, Writers Club Press 2001 C A Hooper Do Families Need Fathers James T Gross Fathers Rights: A legal guide to protecting the best interests of your children. Sphinx 2004 Mike Oldham Statutes on Family Law, Oxford University Press 2004 www.fathers-4-justice.org

pride and prejudice :: essays research papers

PRIDE AND PREJUDICE Jane Austen presents many themes in her novel Pride and Prejudice. Some of these themes are relevant to today's society but none so much as the main themes pride and prejudice. There are two main themes because one usually leads to another. Coincidentally these two themes make up the title of the novel. Pride is something everybody should have. But not everybody should have too much. The amount of pride that one has in himself/herself is one of the first things one is characterized by. When Elizabeth first met Mr. Darcy and for some time after, she perceived him to be conceited, as did everyone else of her family. Mr. Darcy was not well liked too well by the Bennets for this reason. Too much pride in one's self is; too, present at the in today's society. This is usually linked to the wealth of a person. People who are wealthy tend to have an over abundant amount pride. They like to brag about their riches and show off what they have. Why do they do this? They do this to rub it in to the faces of lower class society. Overwhelming pride is just not seen in Hollywood or big cities; it is everywhere. Most commonly it is in schools. Some students tend to think it is fun to gloat about what they have, but this may lead to them being disliked by others. Nobody wants to listen to a spoiled kid! Pride can be a good thing and it should be but it may lead to some cases of the second theme of the novel, prejudice. Prejudice is viewed in all places and in all forms. In Pride and Prejudice, Mr. Darcy's pride leads to the Bennet's, especially Elizabeth's, prejudice toward him. This is because Mr. Darcy is so much wealthier than the Bennets and he lets them know. He shows much prejudice against people of lower societies. Elizabeth thinks of him as a handsome, but a too good, conceited, "I'm too good for anybody," male. Even though she is attracted to him, she refuses his proposal due to her prejudice toward him. He does not help in her saying "yes" when he tells her how he sees her and her family; poor and unworthy. He even states that this proposal should probably not even be taking place due to these feelings.

President Andrew Jackson Essay -- Essays Papers

President AJ Andrew Jackson was born in 1767, and grew up in the border of North and South Carolina. He attended frontier schools and acquired the reputation of being fiery-tempered and willing to fight all comers. He also learned to read, and he was often called on by the community to read aloud the news from the Philadelphia papers. In 1775, with the beginning of the American Revolution, Andrew Jackson, then only 13 years old became an orderly and messenger. He took part in the Battle of Hanging Rock against the British and in a few small skirmishes with British sympathizers known as Loyalists or Tories. His brother Hugh was killed, and when the British raided Waxhaw, both he and Robert were captured. Because Jackson refused to polish the boots of a British officer, he was struck across the arm and face with a saber. The boys were put in a British prison in Camden, South Carolina, where an epidemic of smallpox broke out. Mrs. Jackson gained her boys' release, but Robert soon died. Mrs. Jackson then volunteered to nurse other American prisoners, and she too caught smallpox and died. Andrew was now 14 years old and without any immediate family. With the war over, he took up saddle making and school teaching. With a $300 inheritance from his grandfather, he went to Charleston, South Carolina, then the biggest city in the South. There he cut a dashing figure in society until his money ran out. In 1787, Andrew Jackson became a lawyer and he set his office up in McLeanville, North Carolina. He quickly became successful lawyer and engaged himself in land speculation. He soon moved his office to Nashville where he met and fell in love with Mrs. Rachel Donelson Robard. Believing that Mr. Robards had obtained a divorce, they were married in 1791. Two years later they found that this was not so and the divorce had just then become final. A second marriage ceremony was performed. However, this failed to prevent gossips and political opponents from attempting to make a scandal out of the Jacksons' happy marriage. Mrs. Jackson endured in silence the many slanders that followed. Jackson, however, preferred to use dueling pistols to avenge his wife's honor. In 1796, Andrew Jackson was elected into the House of Representatives, representing Tennessee. He soon allied with the Jeffersonian Party, criticizing Washington and his administration. He claimed th... ...ssly by the letter of the Constitution, unauthorized by its spirit, inconsistent with every principle on which it was founded, and destructive of the great object to which it was formed. Jackson also pushed through Congress a force bill that authorized the use of federal troops to collect the tariff. The crisis was eased when, through the efforts of Henry Clay, Congress passed a compromise tariff in 1833 along with the force bill. As a last defiant gesture, South Carolina accepted the tariff but nullified the force bill. Jackson had preserved the Union, but nullification remained a great question. By 1836 Jackson was weak from tuberculosis and had no thought of seeking a third term. However, he stubbornly continued with affairs of state and party, including ensuring that the party nominated Van Buren as his successor. Although he was eager to return to the Hermitage after Van Buren's election, he grimly fulfilled the duties of his office until the inauguration the following March. The last day of Jackson's presidency was as much a personal triumph as his first. Thousands came, not to see the new president but to bid good-bye to their beloved hero. Bibliography: Encarta

Luna Pen Case Writeup

Report on Luna Pen case PA major 0420830 Lee Joo-Hyun Q1. If you were in Erika’s position, what steps might give you the best chance of achieving your goals? First of all, I think it’s rather dangerous to prepare negotiation plan solely based on stereotype of specific race/nationality. But still it’s foolish to ignore cultural difference. Since negotiation counterpart Feng is not from mainland China but from Taiwan, I believe there would be little or no disadvantage of Erika being female.But in case DGG is planning a bigger picture (for example, sharing distribution system of Global Service in Asia region) than just resolving trademark right issue, I think it is better to consider the fact Taiwanese regard Guan-Xi (relationship) as important aspect in terms of long term, friendly relationship. Therefore it would probably be a good idea to prepare a male represent with similar position to Erika along with her. Secondly Erika needs to gather more information about the counterpart; Feng and Global Service.After all, negotiation process is to find compromise or creative option between my constraint conditions/needs and their constraint conditions/needs. I’ll discuss about it more in following Question #2. Thirdly, Erika needs to build up negotiation plan. She need to determine what DGG intend to/should earn and how far DGG can back down. After defining goals & constraints (or setting Maginot Line), assuming the worst case scenario is also important step.In this case, the worst case possible could be something like this; â€Å"Feng & Global Service refuses to negotiate, pointing out that DGG abandoned and stop making product under the name of Luna. Thus DGG is left with no other choice but to file an uncertain lawsuit which would be both time consuming and costly. † To prevent this from happening, it would be unwise to start the first contact with firm stand like writing Feng that his company must cease its unauthorized use of he L una name, and that DGG is prepared to file lawsuit if necessary. Instead, I think it’s better to mention that DGG is aware of the fact that Luna pen is selling well under the marketing and distribution power of Feng and Global Service and DGG is more than willing to negotiate about the usage of Luna name. Q2. What further information might you need before contacting Feng; and how might you realistically obtain it? First of all, DGG need to figure out brand value (or brand power) of Luna by doing brief market research.By doing so, DGG can tell how much the brand power affected the total sale of Feng’s Luna pen and use it as a sharable standard in negotiation. I believe this data can be obtained rather simply. All DGG have to do is to run series of survey to group of customers, asking their willingness to pay for given pen with/without brand name Luna. Secondly, it would be a good idea to find potential buyers that are willing to buy the trademark Luna. The information o f potential buyers could later be used as a mean to pressure Feng and Global Service if necessary.Since selling Luna brand would not harm DGG, by contacting company in pen making business, DGG can obtain information of potential buyers while spreading news that DGG is trying to sell Luna name as well. And as a last resort, DGG should investigate the legal position of DGG in this case. (Especially in terms of Taiwanese court) If DGG files a lawsuit, what are the odd of winning the case, how long will it take, and how much is the estimated cost of lawsuit?The answers to these questions are key factors to decide whether to file a lawsuit or not. If odds are against DGG, it will be more reasonable to approach this negotiation in more cooperative, soft stand. On the other hand, if the odds are in favor of DGG, DGG can use lawsuit both as leverage to pressure Feng and last resort to settle this matter. Such data can be obtained via corporate legal department.

Somali People and Djibouti

Djibouti, a small 9000 square miles Horn of Africa (HOA) enclave located at the convergence of the Red Sea and Gulf of Aden, is strategically important to the U. S. Foreign policy. All instruments of U. S National Power – diplomacy, information, military and economic – are exercised as part of a deliberate and sustained ‘whole of government’ approach. The U. S. Ambassador to Djibouti, the Honorable Geeta Pasi, leads a State Department and U. S. Agency for International Development (USAID) Team in enabling U. S.Strategic policy vision in HOA, while enabling and collaborating with Djibouti in strengthening government, social, economic and international capabilities. Djibouti affects U. S Foreign policy in three major areas: Djibouti’s geographical location and shipping port capabilities; support for U. S Foreign Policy vision in the HOA region; support for U. S. Military operations. Djibouti’s geographical location and deep harbor port provides a strategic and economic advantage over bordering countries of Eritrea, Ethiopia and Somalia, by supporting international shipping and trade.Landlocked Ethiopia, the major political and economic African Union influence in the region, depends uniquely on Djibouti’s port and modern road infrastructure system (courtesy of the European Union) to receive and deliver goods internationally. The good relations between Djibouti City and Addis Ababa enable stability in the region, supporting U. S Foreign policy. Additionally, Djibouti’s location and stable government neighboring the unpredictable and radically prone countries of Eritrea, Somalia and Yemen (across the 18-mile straight) enables U. S.State Department efforts to limit the spread of state sponsored terrorism. Furthermore, Djibouti is the linchpin in the Department of State (DoS) and Department of Defense (DoD) civil-military regional efforts to strengthen institutional capabilities of East African militaries in order to promote security and stability throughout the Horn of Africa. (Economic, Diplomatic IOP) Djibouti, a country 99 percent Muslim and primarily of Somali decent, boasts a relatively stable government which remains a dependable supporter of U. S Foreign policy within HOA.Djibouti supports African Union and U. S. Foreign Policy efforts to eradicate the spread of Islamic extremists groups such as Al-Qaida affiliated al-Shabaab – this commitment includes providing military forces to the African Union Mission in Somalia, supporting the Transitional Federal Government in Mogadishu, Somalia. Additionally, the Djiboutian government supports USAID efforts throughout Africa by providing warehousing for the only stockpile of humanitarian aid on the African continent. (Diplomatic, Information IOP) Djibouti supports the only U.S Military base on the continent of Africa- it also supports French and Japanese military forces. The U. S Military installation, Camp Lemonnier, houses over 4000 Army, Navy, Marine and Air Force personnel, which includes a robust contingency of Special Operations personnel. Djibouti’s support for a U. S Military presence enables the sustained training of East African militaries, a key objective in the State Departments vision to enhance the effectiveness, capability, credibility and status of East African militaries towards civilian populations they serve.Additionally, having a U. S military presence supports and develops a wide range of military options available to the Commander in Chief during emergent/contingent operations. Finally, the Djiboutian government support of multi-national military forces provides a base of operations for the Joint Coalition Task Force addressing the piracy issue along the Somali coast. (Diplomatic, Military, Information IOPs) In conclusion, Djibouti’s demure size is a stark contrast to the importance this African nation has on U.S. Foreign Policy. With the very real presence of Islamic extremist s groups in Africa, the tenuous diplomatic and tribal issues prevalent throughout the region, and the increasing encroachment and influence China imposes on African nations in search of natural resources, it is all the more important for U. S Foreign Policy, executed through DoS and DoD joint efforts, to enable African partnerships similar to what exists with Djibouti.

Police Corruption Problems

Corruption has been in the dark closets of American policing since it was first established in the country. When policing was first instituted conditions were not the best, pay was low, and respect was hard to find. These problems coupled with the problem of a lack of laws in which bound the police to accomplish a specific task a specific way, meant they had enough discretion to hang themselves by. There shouldn†t be any surprise that corruption hasn†t vanished and will most likely never totally go away. It is just like the saying â€Å"Absolute power, corrupts absolutely†. It is just human nature to want a better life and get the things you always wanted. Some people, and police are just people, just can†t resist the temptation for â€Å"easy money†. People have a way of rationalizing situations in their heads, by thinking they are just taking care of their families and paying there bills. This is similar to the job I presently have, working in the Asset protection department for Sears. I see things I would like to have all day long, I know I could take them and no one would ever know, but I don†t. I don†t do it because there is a fear of getting caught or any kind of punishment like that, I don†t do it because of ethics and morals. I, like the majority of people see the opportunity, while a very small percentage of people take advantage of it. It is the same with policing most police are honest and hard working but, there are always some â€Å"bad apples† in the bunch. If you knew a way to tell if someone was going to be honest in everything they do, 100% of the time, I think you would at the very least be a billionaire. Corruption has to be defined in order to look at it closer. The dictionary definition of corruption is: 1. Marked by immorality and perversion; depraved. 2. Venal; dishonest: a corrupt mayor. 3 Containing errors or alterations, as a text: a corrupt translation. 4. Archaic. Tainted; putrid. Would consider a police officer who accepted a free cup of coffee corrupt?. What about an officer accepting money in exchange for not patrolling his/her sector. What would you think of a business person taking that same cup of coffee, would you believe him/her to be corrupt? I think you have to draw a line on what is corrupt and what you believe isn†t. I think you have to add into your decision making steps the â€Å"offenders† jobs, position, and role in the community. The conclusion I came to is that it definitely does make a difference on the job, position, and role in the community. I believe if the business person had nothing to do with the place in which he/she received the coffee, he/she is not corrupt. He/she just had an act of kindness betrothed on them. Regarding the police officer, he/she should not of accepted the coffee because he/she has a duty to stay impartial to the community. If he/she had to go to a fight later that same day between the person that gave him the coffee and another person, and the person who gave him the coffee was found to be in the right and the other person was in the wrong, what would happen? Most likely the person who was arrested (assuming this person had knowledge that he accepted the coffee) would most likely bring that fact up at the trial. If this situation happened the officer†s integrity would be in question, and the jury/judge would have to wonder about it. Of course accepting coffee is not the main focus of police corruption, its not against the law, nor will it have a overwhelming impact on policing. I do believe the illustration puts into simplistic terms the larger problems which are occurring with policing in large. It all comes down to â€Å"Do I take it or don†t I take it? † and it is enough? Corruption is like a drug in a way, you start small and just work your way up the ladder, until you fall off. I said before that accepting a cup of coffee isn†t against the law and doesn†t make up the corruption which we face today. I am going to describe some recent corruption cases which have been fought. As identified in a report by the Knapp Commission published over two decades ago it was found there are two different violators. The first are called â€Å"Meat eaters† who abundantly misuse their power for personal gain. These individuals go out and seek ways to get money and have the advantage. The second type is called the â€Å"Grass eaters† these people are the ones who just accept payoffs and such when the happenstance come their way. For the most part, when you hear of a corruption case you most likely hear about the â€Å"Meat eaters†, because they are the ones which get bolder faster with every successful gain. So what do we do about it? I said before if punishment isn†t going to stop police from becoming corrupt, what will? The first step to solving this â€Å"disease†, which is slowly eating away at public trust, is to acknowledge the problem. Managers on a whole use three different approaches when failing to deal with corruption. First, it is simply ignore the problem like it was never there. This approach is bad for many reasons. If the police can†t police themselves, someone will have to come in and do it for them. Public trust will never be gained. The second approach is a â€Å"pollyanna† mentality. This is where the manager discovers and finds the corruption, but downplays its total impact. This approach as with the first approach, will cause someone outside the agency to solve the problem. The third is the most lethal approach for the manager to take, one of a â€Å"cover-up†. Like the second, the manager discovers the corruption, but takes overt action to cover it up. Not only did the manager â€Å"condone† this behavior, but this will only lead to more corruption and abuse. This now enlarged corruption, will eventually lead to great public mistrust. A manager can overcome the problems with these approaches by assuming a realistic posture to this issue. This will allow the effects of the corruption to be less damaging to the agency. The next step to prevent corruption is to develop a plan of action. While no one plan will be foolproof it should include these three elements, recruitment, training, and investigation. As I previously stated, you have to come up with a definition of corruption to be used for your plans. I suggest everything from accepting a cup of coffee to the further most end of the spectrum be included. Using this definition stops people and managers from trying to decide what is across the line and what isn†t. If you try to â€Å"draw a line† this can create confusion and many people could rationalize situations as being OK. The International Association of Chiefs of Police (IACP) defines corruption as acts involving the misuse of authority by a police officer in a manner designed to produce either personal gain or gain for others. With a definition like this everyone from the patrol officer to the Chief knows where they stand. The IACP created the Model for Management Corruption Prevention, in reaction to the corruption running rapid in the departments. This model covers the three basic elements which I mentioned previously recruitment, training, and investigation. Recruitment is the first step in this process. It goes without saying that no agency hires people who they know are corrupt. There are a multitude of reasons why agencies should â€Å"Weed out† bad recruits. Money is at the top of the list. All the training in which the recruit has to go through cost the taxpayers a lot of money. Many agencies have policies in which they hire only trained personnel so this cost can be eliminated. Selecting candidates which have already been on the job, shows supervisors a track record and therefor gives them more information. The use of the polygraph is a useful tool when â€Å"weeding out† candidates.. Training provides outstanding opportunity to make a anti-corruption plan work. It does this for a couple reasons. First training gets the message out with concern to standards. Second, this training allows the recruit to ask questions and to clarify his doubts about what is appropriate and what isn†t. Training is divided into two parts, recruit and in-service. The in-service training is a valuable tools because the recruit interacts with a seasoned officer and allows that recruit to ask questions about everyday events. The department must also watch the candidate for a probationary period of about six months. This programs is called the Field Training Officer (FTO) period. During this period of FTO the new recruit rides with a seasoned officer. Most agencies can release the recruit during this period for little or no cause. The department may also elect to send their recruits to a formal academic setting for training. This in turn will hopefully help the recruit in making the right decision when the question arises â€Å"Will I take it or won†t I? â€Å". The last stage of this three point training is investigation. This is the crucial elements to this whole program, without it everything else loses its ability to function. If the public knows the department will thoroughly investigate all reports of corruption, it will instill a confidence with the department. The investigation phase will most likely be conducted by the departments internal affairs unit. The IACP developed a model for departments to utilize. The first issue to be addressed is staffing. In small departments this could consist of only one person on a part time basis. In larger departments this unit could consist on many officers on a full time basis. If you are really concerned with the corruption within your department, you should consider having an outside agency investigate alleged corruption. This will ensure favoritism will not occur. Once you have decided with type of staffing is appropriate for your department, you should decide where in the department to place them. The best location for the unit to be is directly under the Chief. This will provide for a direct line of communication of the problems at hand. The Chief should provide a clear and definitive procedure for investigating alleged allegations of corruption. Theses procedures may include: 1. Handling all complaints quickly and impartially. 2. Explanation that the unit only handles facts, and doesn†t determine guilt of innocents. 3. Meticulous and accurate documentation is a must. 4. Responding to a crime scene immediately where an officer had to shoot a subject. In summary, police are human and have the same compulsions which others posses. This of course doesn†t excuse the corruption in the departments. When you think of corruption in the police field, remember that acts which are corrupt for one may not be corrupt for all. Every instance needs to be looked in to with great concern and objectiveness. If we don†t investigate every allegation we will loose the public trust and this will make it impossible to do the job effectively.

Environmental Protection Agency (EPA) Essay

Dow Chemical V. US (1986) Dow Chemical company is presently efforting to reduce the CO2 emissions, increase fuel efficiency of vehicles which run with diesel engines. Dow Chemical has been successful in developing Diesel Particulate Filter   (DPF) technology that enhances the quality and efficiency of diesel engines in vehicles. Facts of the case    It was stated in the petition that Dow Chem operates on a 2,000-acre chemical plant which consists of numerous buildings with manufacturing equipment and piping conduits fixed between the various buildings.   Around the premises, there was heavy security maintained by Dow Chem, the respective petitioner. Issue – What is the case about? Environmental Protection Agency (EPA) appointed a commercial photographer to take photographs of the area from all altitudes as a part of aerial photography.   As a matter of fact, Dow Chem denied this particular activity of EPA which is why a suit was filed in Federal District Court against EPA stating that EPA violated the Fourth Amendment and exercised the powers beyond its statutes. Court decision Federal District Court stated that EPA violated Fourth Amendment by entering premises whereas Court of Appeals stated that as per Section114(a) of Clean Air Act, EPA has right to enter premises for inspection purposes [475 U.S.227,228]. Dissenting opinion Dow chem feared about the reveal of trade secrets which are supposed to be confidential and particularly photographs of aerial space, complex premises were of a great matter of concern for the Dow chemical plant whereas EPA considered only the premises of open area of the plant as a part of inspection and safety measures and not to violate any trade laws or statutory laws.    References U.S. Supreme Court DOW CHEMICAL CO. v. UNITED STATES, 476 U.S. 227 (1986) 476 U.S. 227 Accessed February 11, 2008 http://supreme.justia.com/us/476/227/case.html