'Teams are seen as a necessary condition in contemporary Essay

'Teams are seen as a necessary condition in contemporary organisations, but are they effective' - Essay Example A team behaves in a peculiar manner which moves toward a specific goal. The performance output given by a team is always ahead of that given by an individual. Generally a team comprises of many people focusing on a specified target. The individuals in a team will be having individual skills. Thus a team is a collection of strengths and good range of abilities. Because of this reason, in a team, for every situation there will be at least a person who can deal with it. Also in a team flaws or pitfalls can easily be spotted and corrected. As there are many persons focusing on a same target they will be very cautious about every move and hence the mistake done by an individual will be easily found by another one. (Scholtes et al. 2003). So, this paper will discuss how teams are seen as a necessary condition in contemporary organizations and how they are effective for organizational process, and how effectiveness can be further optimized. In an efficient team, the ultimate responsibility is rested on everyone’s shoulder. And the team is structured in such a way that whoever having strength in a specified area takes more responsibility in that area. One more interesting fact about a team is â€Å"Motivation†. A powerful motivating force is created amidst a good team. It never let its team mates to go down. Also it makes the team members feel proud to be a part of such a team. (West 2002, 9). Teams, also have another face for it. That is â€Å"Team conflict†. Conflicts are often mistaken within a team which is a bitter fact to be accepted. But conflicts too could turn desirable, provided the team members look into a conflict as an outcome of indifference in their thoughts or views. And after that they have to take relevant actions on how to overcome that indifference. When such kind of attitude started developing amidst the team members, conflicts even turn to be a positive factor in a team work. ( West 2002, 9) Self directed work teams are empowered

A Note on Cheerleading Essay Example for Free

A Note on Cheerleading Essay Cheerleading. When you hear that word, what do you think about? Snobby, skinny blonde girls that have nothing else to do in life besides smile and wear short skirts? Well, when I hear that word, I think of confident, courageous and athletic young women who have a chance to be someone else on a gym floor. Cheerleading is full of so many opportunities! I’ve been a cheerleader for four years and it has done so many things. But before that all happened, my life was just simple. I was nervous to talk in crowds, my face turned red when people wanted to speak to me, and I acted shy in many other ways. I wouldn’t say I was a nobody. I mean, I was a somebody, but just not a positive, talkative student who enjoyed attention. In 7th grade, signing up for cheerleading was a hassle. I didn’t want to sign up all by myself. So I convinced some of my friends to sign up with me. Unfortunately, they quit right before try-outs because they weren’t that interested anymore. So basically, I felt all by myself. But I hung on. I cheered all the cheers, chanted all the chants, stretched all the stretches, and jumped all the jumps. Cheerleading was fun. It changed my life in just three months. I felt as if I was â€Å"coming out of my shell.† But more was to come freshman year. Signing up for cheerleading in freshmanwas easy. But it was the wait for the season to actually start that was aggravating! Eventually, time slowly came by and it was , 2009, the first day of practice, and that was a wake-up call. There was a new, more professional coach, and only one girl from last year was back to be on the squad. So it was time to meet other people for a change and make more friends. New cheers were being taught from the captains of the High School Cheerleaders. Who knew that I’d get the highest score in try-outs and become head captain? Well, I did, and a captain is supposed to lead everyone. That’s what let me be myself. I was able to help everyone understand what to do, when to do it, and stand in front of a crowd by having a different uniform than the other non-captains on the team. Games are my favorite. Just running onto the floor is a rush, and I plan to do that for at least four more years. Yes, I want to be on the High School Cheerleading squad! I’m confident I will make it, and I’m not scared to try. The high school coach has been to some of our practices and I could tell she was impressed. I guess I have to wait a year to see what she says. GO, BULLDOGS! As you can see, there’s been a drastic before and after. Before, I was a shy girl who was just average. Now, I’m a young woman who has a good sense of self-confidence!

Phtography Essay -- Art, Sally Mann

Sally Mann’s photographic work has received both reverence and controversy, most notably her book Immediate Family (1994), which contains nude and suggestive photographs of her three children, has also sparked overwhelming critical discussions and speculation, whilst challenging the prevailing concepts of family and childhood in the United States. Produced immediately after the Reagan revolution, which reinstated family values and a more conventional moral sensibility as vital to the framework of public policy (Berlant, 1997, p. 7), Mann’s work has resulted in her immersed into debates surrounding child pornography, the inversion of familial relationships, motherhood, and conveying a complex notion of the maternal gaze. Hà ©là ¨ne Cixous states that â€Å"binary oppositions underline most of Western [philosophical] thought† e.g. male/female, active/passive, natural/unnatural, logical/emotional (Conley, 2000, p.148) which have the effect of forming a set of standardised values within patriarchal society. Conversely, Immediate Family moves towards a state where what is traditionally considered antipodal co-exists, where neither is repressed, and offers an alternatively paradigmatic relationship between binary opposites. In addition to this, by considering Mann's work in terms of Cixous's understanding of the Freudian concept of the Uncanny, a more fluid and permeable reading of Immediate Family can be produced. The Uncanny is characterised by a strangeness that "uncovers what is hidden (anxiety) and by doing so, effects a disturbing transformation of the familiar into the unfamiliar'' (Jackson, 1981, p.65), resulting in an inability to decipher what is considered to be 'real' and what is t hought to be 'imaginary'. Mann is known for ten... ... is ultimately the girl’s subversion of the border dividing life and death. The familiar becomes dauntingly unfamiliar, as with â€Å"dreams that slip past our perceptual defences triggering a response but never quite revealing their meaning† (Williams and Newton, 2007, p.207). Subsequently, this expresses a blurring of boundaries and embodies the notion of metamorphosis where divisions cease to be defined. The animation/inactivity duality of the body defies the binary opposites of 'rational' thinking, and in doing so, introduces the Uncanny into this photograph. The more one analyses and observes this photograph, the more it constantly shifts across the prescribed boundaries of illusion and reality, often entering controversial areas. â€Å"Winter Squash† demonstrates how Mann takes the viewer from a visual affirmation of childhood and youth, to an inherent fear of death.

Case Coca-Cola Essay

Introduction Coca-Cola is one of the most respected companies in America. Here in the Philippines, Coca-Cola is still the patronized brand of soda. Coca Cola’s refreshing taste provides happiness to the people. Coca-Cola Neville Isdell is the new chief executive after Robert C. Goizueta died. Coca-Cola Company has a sole product line to offer in the market which is the carbonated soda like Coke, Diet Coke, Sprite and Fanta. Coke operations take place in India, China, and other 14 country around the world to reach the target market in dispersed area and to increase their market share. Through the effort of Roberto C. Goizueta, Coca-Cola rapidly grows in the year 1980’s to 1990’s when they introduce the product in the market. Coca Cola bottling operations was given to Cola-Cola Enterprises Inc. which Coca Cola Co. owns 49% of the stocks that allows them have enough control on the operations. Coke has a control on the pricing of the products and the decision on how many vending machines Coca-Cola Enterprises will purchase that will be used in distributing the coke products. Coke rival competitor in the market is the Pepsi Co. which grabs all the opportunities for the company to widen their product line which are interrelated. The goal of PepsiCo is to capture the area where there is strong possibility that they will grow. PepsiCo outlays Coca-Cola in expanding their product line by acquisition and mergers. Background of the problem Statement of the problem †¢What strategy can Coca-Cola use to cope up to the changing environment to become a market driven organization? Analysis of the problem Coca-Cola basically does not adapt changes in the market. They are ignoring the fact that their product is not in trend today. The members of the top management are still thinking in the past and try to strengthen the company by using the tactic that the former CEO Robert Goizueta used long ago. By doing this the company will be customer focus Alternative courses of action †¢Coca-Cola’s top management must initiate the transformation of the company to become a market driven organization. He must influence his subordinates by serving as a role model so that the frontline employees will be encourage to exert more effort in providing satisfaction or delight to customers. †¢Coca-Cola must implement innovation to their products that would fit the customer demand. They can also produce a new line of beverages that are healthy like milk and tea which will be offered to those people who are health conscious and are old citizens of the country. †¢Coca-Cola must acquire or enter in a merge with a beverage business other than soda. By this they can widen their product line and they can have other source of income other than carbonated soda that the demands start to decline. This is cause by the health conscious individuals and the product is perceive as bad to the human body because it can cause acidity if there is too much consumption. â₠¬ ¢Status-quo Recommendation Learning †¢Company must be market oriented, customer focus and possesses competitor intelligence. These factors are very important in providing customer satisfaction or delight. Customer is the one you would think in running your business because without them your business and your concept is useless. †¢Company should be dynamic and are not afraid to adapt to the new trends today. Everything is dynamic or changing, so the company should also be flexible enough to survive in the market in the long run. †¢Top management must be open-minded in the changes in the market to avoid the growth of a business or organization. Once the top management are stock in the traditional mindset and don’t permit change the company will never grow because today nothing is permanent.

Issues, concerns, and challenges in environmental adjucation in the philippine court system Essay

Introduction The court system is an integral part of environmental enforcement in the Philippines and has made many important contributions to the field. However, environmental cases do not always progress smoothly through the judicial system. This paper is intended to identify important legal issues in the judicial system that affect or limit environmental adjudication. 2 The issues are divided between access to and competency of justice, and legal procedures. While many of these issues could be analyzed further, this paper will highlight the ones to which attention should be paid in any more comprehensive study of Philippine environmental case law. 3 This paper will also use examples and case studies from the United States to illustrate important legal points, since the U. S. and Philippines have similar legal systems. II. Issues A. Legal Procedure and Rules of the Court Because of their unique and complex nature, environmental cases are sometimes hindered by legal mechanisms and rules of procedure designed for non-environmental cases. These include rules on standing and class action suits that often do not take into account the fact that environmental damage impacts all citizens. Furthermore, the nature and science of environmental violations often means that statutes of limitations, evidentiary rules, and burdens of proof are not suitable. Some of these issues can be handled internally by the judicial system by instructing lower courts to apply rules liberally. The impact of all of these issues, and how many actually present problems for plaintiffs, is crucial. 1. Standing of Plaintiffs and Citizens Suits In environmental cases, a plaintiff may not necessarily be legally injured in the traditional sense by an act of environ-mental destruction to impair his livelihood. For example, plaintiffs cannot recover damages for fish killed by pollution because they lack standing, despite the obvious economic loss they suffered. 4 While the destruction of natural aesthetic beauty is a moral outrage that indirectly harms all citizens, under traditional legal standing person no would have standing to sue. 5 Furthermore, environmental laws are designed to prevent catastrophic harm that is often not imminent or contained to one geographic area, as opposed to the narrow, immediate harms that provide the basis of most standing requirements. 6 Strict rulings on standing could stifle environmental enforcement, especially since the Philippines lacks sufficient enforcement capacity and personnel. The Philippine Supreme Court has held that standing requires: Such personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court depends for illumination of difficult constitutional questions. 7 The plaintiff himself must have some cognizable and redressable injury. Litigating for a general public interest, or â€Å"mere invocation†¦ of [plaintiff’s] duty to preserve the rule of law†¦ is not sufficient to clothe it with standing†¦. †8 However, the standing requirement is considered a technicality that courts may waive if the case concerns a â€Å"paramount public interest. †9 In its dictum in Oposa v. Factorum, the Court said that children might even have intergenerational standing to sue to prevent the destruction of forests for future generations. 10 There are questions as to the strength of these to reduce the standing threshold for environmental plaintiffs. While courts may waive technical standing provisions when a case deals with a paramount public interest, it is not required to do so. 11 Furthermore, judges may reasonably differ on what constitutes a â€Å"paramount public interest† since there is no overriding theme o define it. For example, in Kilosbayan, the Court found that determining the legality of an online lottery system fell within this definition, whereas in Integrated Bar, it held that determining whether deploying marines for crime deterrence violates the Constitution does not. 12 The Court did reduce some of this ambiguity in Oposa by declaring that the right to a balanced and healthful ecology â€Å"concerns nothing less than self-preservation and self-perpetuation,† presumably a â€Å"paramount public interest. †13 However, because the Court’s discussion on standing in Oposa was dictum, neither this claim nor the right to intergenerational standing is binding law upon the lower courts. 14 Without further guidance from the Court, it is likely that many lower court judges would be reluctant to act boldly by declaring that a particular issue is a â€Å"paramount public interest† and would deny standing. Congress tried to reduce the standing threshold with citizen suit provisions in environmental statutes, but these have been of limited use thus far. First, only the Philippine Clean Air and Ecological Solid Waste Management Acts contain citizen suit provisions;15 notably, the Philippine Clean Water Act, enacted after these two laws, does not. 16 Second, citizens still bear the risk of paying a winning defendant’s attorney’s fees, which could be costly enough to discourage even valid suits. Most importantly, these suits are still subject to the â€Å"actual controversy† requirement of the Constitution. 17 What this means in the context of citizen suits has not yet been heavily litigated in the Philippines. However, lower court judges often require plaintiffs to show actual injury in the narrow or traditional legal sense. 18 Likewise, when prosecutors deputize citizens to enforce a suit, judges sometimes insist that such deputization is only valid for a single case or even invalid under the Rules of the Court. 19 As a result, citizens suit provisions have been largely unused. 20 Standing under environmental laws is hotly contested in the U. S. 21 The U. S. has put citizens’ suit provisions into almost all of its environmental laws. 22 Plaintiffs are required to show 1) an injury in fact, 2) causation between the injury and the defendant’s actions, and 3) redressability in court. 23 NGOs can sue upon a showing that any of their members would have had standing to sue. 24 The focus is not on the injury to the environment, but rather the injury to the plaintiff or NGO representing him. However, the injury can be economic or non-pecuniary, including aesthetic or recreational value. 25 The Court also held that civil penalties payable to the U. S. Treasury serve as redress as they deter polluters. 26 Causation is often the more difficult element to prove, which will be discussed below in  § 4. In New Zealand, the Environment Court has taken a more radical approach. It has eliminated formal standing provisions, requiring only that a plaintiff have a greater interest than the public generally in a controversy or that he represents a relevant public interest. 27 This makes citizen enforcement very easy. However, one might also be concerned about whether this would overburden the court; granting standing is a fine balance between permitting valid environmental claims and risking frivolous litigation. 2. Class Actions and Large Number of Plaintiffs As the notorious mudslide at Ormoc in 1991 and Marcopper mine tailings in Marinduque show, injuries from environmental damage can be grave, costly, and affect a huge number of persons. 28 Even in less publicized events, the number of injured persons may often make individual litigation burdensome and complex. Furthermore, some members of an injured class may be too poor to prosecute their claims individually. Class action suits can facilitate litigation of such situations by providing for: [T]he protection of the defendant from inconsistent obligations, the protection of the interests of absentees, the provision of a convenient and economical means for disposing of similar lawsuits, and the facilitation of the spreading of litigation costs among numerous litigants with similar claims. 29 Other studies have shown that class action suits can provide important social benefits and encourage citizen enforcement to supplement agency regulation. 30 Class actions may the discourage attorney disloyalty that encourages lawyers to plea bargain for less than the actual injury. As happened in the Chinese poachers case in Palawan, lawyers or prosecutors may not seek full compensation for the damage caused because they have an incentive to expend less time and money on a small case. 31 However, because class actions provide aggregate incentives for lawyers, and fees and settlements undergo higher judicial scrutiny, such â€Å"disloyal† settlements are less likely to occur. 32 While the Philippine Rules of the Court provide for class action suits,33 judges will sometimes be reluctant to certify classes and instead treat the injuries of plaintiffs as separate, despite any common questions of law or fact. In Newsweek, Inc. v. IAC, the Supreme Court ruled that a defamatory remark directed at 8,500 sugar planters do not necessarily apply to every individual in a group, and therefore are not actionable as a class action. 34 Likewise, a judge might refuse to certify a class of pollution victims because they suffer different types of physical injuries, even if the source was the same pollution. In a more litigated legal system, there would be more case law to guide judges on the appropriateness of class actions. However, in the Philippines, this does not yet exist. Add to this the high cost for lawyers, and class actions become even less feasible for most Philippine plaintiffs. 35 In the U. S. , it is much easier to litigate environmental class action suits. The Supreme Court has clearly instructed courts to construe its class action rules liberally and encourage class action suits. 36 This limits judicial discretion in refusing to certify classes to only extreme situations. Furthermore, the rules allow plaintiffs to join by default rather than affirmatively. 37 For environmental cases, the courts will look at the potential number of plaintiffs or the size of the estimated areas that a pollutant has infected to see if plaintiffs have met the numerosity requirement, but they are not required to meet a certain minimum number. 38 For the Philippines, which, unlike the U. S. , has too few environmental class action suits, adopting some of these mechanisms may create a more efficient adjudication process for plaintiffs, defendants, and the courts. 3. Statute of Limitations and Delayed Injuries Unlike a traditional tort or crime, many environmental injuries are not discrete events but only manifest themselves after many years. Pollutants may build up in soils, waters, or human bodies for years without reaching a dangerous level. Cleanup of such sites can take even longer. For example, when the U. S. military left Subic Bay in 1992, it left behind hazardous waste sites with contaminated water that continue to poison the land over a decade later. 39 However, for environmental torts, the statute of limitations is four years, a relatively brief time. This could preclude the litigation of injuries from pollutants with an onset delayed for many years. Thus far statutes of limitation issues have not been a significant factor in environmental litigation. The Philippine Supreme Court addresses similar problems in other fields of law with the discovery rule, allowing the statute of limitations to run when the plaintiff actually or should reasonably have discovered the injury. 40 However, as the courts handle more brown environment cases, it will have to address the tensions between punishing past violators and protecting defendants from time-barred claims. 41 U. S. courts have adopted the due diligence discovery rule, particularly for Clean Water Act and wetlands violations. Because immediate detection of pollution or illegal fill into a wetlands is almost impossible, applying a statute of limitations strictly would defeat the remedial purpose of the act. 42 Courts try to effectuate the Congressional purpose of the statute with the due diligence discovery rule and giving the government a chance to file action against the polluter once the violation is reported to the EPA. 43 Some courts44 realize that a statute of limitation may be inappropriate for cases when pollution continues to cause problems over time. These courts argue that a: Defendant’s unpermitted discharge of dredged or fill materials into wetlands on the site is a continuing violation for as long as the fill remains. Accordingly, the five-year statute of limitations †¦ has not yet begun to run. 45 The statute of limitation will not run for as long as the pollution remains. Many courts will also treat common law tort nuisances as continuing violations. 46 This approach has the added benefit of allowing the government to fine violators for each day the pollution remains, capturing the more of the costs of environmental destruction. 47 Much of U. S. case law regarding the effect of statutes of limitations on environmental issues comes from ambiguities in the statute of limitation for complex processes, particularly the Comprehensive Environmental Response, Compensation and Liability Act (â€Å"CERCLA†), or Superfund law. 48 Because Congress anticipated the complexity and long-term nature of site cleanups, it structured the statute of limitations in a flexible manner, allowing the court hear an initial cost recovery action prior to issuing a declaratory judgment to avoid letting the statute run. It also allows the plaintiff to file subsequent cost-recovery actions to recapture further response costs incurred at the site. 49 However, the law’s different statutes of limitation for remedial and removal actions phases of the cleanup has led to confusion over how the phases are defined. Courts often defer to EPA determinations in characterizing the type of action due to its technical expertise, rather than making that judgment itself. 50 4. Meeting the Burden of Proof In environmental cases, there may be no line of direct evidence from the perpetrator to the harm. In pollution cases it is often impossible to prove that the plaintiff’s harm was caused by his exposure to the toxic material. 51 For example, if several factories dump pollution into Manila Bay, it is impossible to determine which caused a particular environmental harm. Furthermore, the courts cannot expect absolute scientific certainty on the effects of a health risk such as electro-magnetic fields from power cables. 52 Given these problems, the traditional burden of proof standards, preponderance for civil cases and beyond a reasonable doubt for criminal,53 may prove to be prohibitively high. Philippine courts employ liability-shifting mechanisms to manage this difficulty in environmental cases. For example, pursuant to the Fisheries Code, courts use reverse burden of proof to place the burden of exculpation on defendants found with high-explosive or cyanide fishing gear. 54 Furthermore, the courts have begun to experiment with the precautionary principle, placing the constitutional rights to health and safety above development. 55 The courts also employs res ipsa loquitor in tort suits,56 although this has not been a prominent feature of environmental litigation. Plaintiffs may also hold multiple defendants jointly and severally liable for an act of environmental destruction that cannot be traced to a single defendant company, such as the pollution in Manila Bay. 57 Until recently, Philippine lawmakers did not see a need to introduce a strict liability58 regime into environmental laws. 59 Strict liability was employed in other fields, but not environ-mental laws. More recent anti-pollution laws such as the Clean Air and Solid Waste Management Acts establish that a violation of the standard is actionable through citizen suits. 60 In U. S. , because of its common law tradition, courts are more willing to employ strict liability. Generally, when a defendant, â€Å"though without fault, has engaged in [a] perilous activity †¦, there is no justification for relieving it of liability. †61 Such â€Å"perilous activities† include operating explosives, nuclear energy, hydropower, fire, high-energy explosives, poisons, and other extremely hazardous materials. 62 For citizens suits under environmental statutes, plaintiffs need only show that the law was violated, not prove fault or any actual or threatened harm, without regard to mens rea. 63 When it is impossible to determine the proportion of fault of a large number of defendants, U. S. courts may approximate fault through other indicators, including market share and production output. For example, in Hymowitz v. Eli Lilly ; Co. , the New York Court of Appeals calculated the size of each defendant drug company’s market share for DES to determine their fault in the injuries caused by the drug. 64 This also allows courts to address injuries sustained in the past by approximating past fault through data available in the present. The Environment Court in New Zealand has adopted an even more radical approach and done away with formal burdens of proof. It focuses instead on obtaining the best possible evidence for a case. This makes it easier for plaintiffs appealing to the court to dislodge an unfavorable opinion from a lower court. 65 While the Philippine Supreme Court may not wish to go this far, the court could more strict liability for hazardous materials and market share liability tools. 5. Damages and Remedies Even if a plaintiff wins damages from a defendant, if the defendant keeps polluting or cutting trees, the damage will continue. 66 In the Philippines, this is particularly problematic as the fines and penalties imposed under law are often not enough to change a company’s behavior. In order to encourage development, Congress prohibited temporary restraining orders against government projects. 67 Since government infrastructure projects can cause massive damage to ecosystems, this prohibition is significant. Some courts try to avoid this loophole by claiming that the prohibition cannot violate a person’s constitutional right to health or safety. 68 The extent of this loophole is unclear. Finally, even if a plaintiff or prosecution wins its case, most of the time the true costs of the defendant’s actions will not be reflected in the award. Damages in civil cases and punishments in criminal cases generally capture the costs of any suffering caused to humans, not animals or plants. While some settlements may include forcing a defendant to install pollution-control equipment or contribute money to conservation programs, this still likely does not recoup the full extent of damage to the environment. It is difficult to regenerate natural forest, coral reefs, or populations of endangered animals. The judicial system does not have much power to remedy this problem. The decision on the purpose of environmental laws and how much plaintiffs recover is for the Congress. However, it is important for judges to understand that environmental cases deal with only a fraction of the true costs of environmental damage. This may convince some judges to be more sympathetic toward environmental cases. While punishments for defendants may seem exorbitant, understanding the unaccounted costs of environmental damage puts these into perspective. B. Access to and Competency of Justice Aside from the legal issues described above, in any country, there are a host of practical and logistical issues that impede the judicial system’s ability to handle environmental cases. This includes the lack of financial resources of plaintiffs, particularly in poorer parts of the Philippines. Plaintiffs and their lawyers must also feel safe from physical and financial harassment while litigating their case. On the other hand, both courts and lawyers are often unfamiliar with environmental laws and science, limiting their ability to adjudicate in the field. Finally, court dockets are often congested, and environmental cases are not given priority. The judicial system’s role in addressing these issues ranges from fairly involved to almost no role. Yet, in attempting to understand environmental adjudication in the Philippines, it is crucial to recognize the role these practical realities play. 1. Financial Costs of Adjudication In any legal system, filing and litigating a case takes an enormous amount of time and money. Philippine courts impose a filing and transcript fee, although these are waived for citizens suits. Reflecting on his experiences, famous environmental attorney Antonio Oposa suggested that these costs were the greatest inhibitions for most plaintiffs. 69 Furthermore, for injunctive remedies, plaintiffs must post a bond to cover the defendant’s potential damages, which may be too large for a poor plaintiff with livestock and property as his only assets. 70 Most Philippine lawyers do not use a contingency fee system, so plaintiffs must be able to pay for legal services up front and over the lengthy litigation process. 71 On top of this, there is the risk of financially crushing harassment suits from defendants, or Strategic Lawsuit Against Public Participation (SLAPP). Even the logistics of feeding and housing witnesses, and their lost time from work, poses significant problems for predominantly poorer plaintiffs. In the U. S. , NGOs often receive enough donations to allow them to engage in litigation and have staff lawyers. More importantly, plaintiffs’ attorneys often work on a contingency basis, allowing poorer plaintiffs to avoid large financial risk. Furthermore, NGOs and environmental groups seeking injunctive remedies are often required only to pay a nominal bond or may be exempted completely. 72 While some might worry this makes litigation in the U. S. too easy, it drastically improves poor people’s access to justice. Pursuant to the Constitution’s emphasis on the poor, the Supreme Court of the Philippines has taken some efforts to alleviate this problem. Poorer plaintiffs are exempted from paying docket, transcript, and other fees and are granted free legal counsel. Furthermore, the Court provides an annual grant to the Integrated Bar of the Philippines’ Free Legal Aid Program. 73 However, not all environmental plaintiffs qualify as poor, particularly NGOs, even though they often have limited financial resources. Furthermore, even though the amount of the bond is under the discretion of the judge, judges are reluctant to do this because they worry about being accused of abusing their discretion. 74 2. Harassment of Plaintiffs and Lawyers Because of the high stakes involved in environmental cases, defendants may go to extraordinary means to intimidate and harass plaintiffs and their lawyers. It is not uncommon for defendants to lodge harassment or SLAPP suits against environmental plaintiffs or DENR prosecutors to attempt to force them to drop their charges. 75 Enforcers who confiscate the equipment of criminals are often sued for robbery. 76 Some defendants take even more extreme means such as physical violence or even murder. 77 Such dangers were recently illustrated by the murder of environmental advocate Elpidio de la Victoria and death threats against attorney Oposa. 78 This makes lawyers unwilling to take on difficult environmental cases. To stifle SLAPP suits, the courts should promptly apply the anti-SLAPP provisions in the Philippine Clean Air and Ecological Solid Waste Management Acts when applicable. 79 This means dismissing any harassment suits as quickly as possible. However, plaintiffs relying on other laws have less protection. 80 Congress must expand the use of anti-SLAPP provisions to other environmental laws. Furthermore, law enforcement must vigorously prosecute any defendants who resort to violence. In short, to facilitate environmental cases, the court must protect the ones bringing the cases. 3. Technical Knowledge Among Judges and Attorneys Judges must decide questions of science as well as law in order to dispose of most environmental cases. This is particularly true for brown issues, which involve uncertain science regarding the exact effects of a pollutant. In the U. S. , scientific understanding of pollutants led to new classes of trespass and tort suits that held emitters liable for their actions. 81 However, both sides in a case will try to use any scientific uncertainty to their advantage, or even create scientific uncertainty even when it does not exist in order to confuse the court. Judges must understand what scientific evidence should be admitted and what is not valid. 82 Judges and lawyers need to understand the science well enough to determine which arguments are unfounded and which are plausible. Because general the courts have general jurisdiction and are not specialized in environmental issues, this problem will have to be addressed by providing judges and lawyers with supplemental training in environmental sciences and law. PHILJA and other organizations are already successfully doing this. 83 Eventually, however, this problem may be resolved through a change in the adjudication system. If the Philippines moves toward environmental courts or administrative adjudication84 (as is being considered), judges would be trained specifically to handle environmental cases. 4. Obtaining and Preserving Evidence For green issues, preserving evidence may be difficult. After an illegal logger or fisher is captured, DENR can confiscate the logs and fish. These goods rot or deteriorate over time. Proper procedure requires taking pictures of the logs and fish for admission into court. Specially trained fish examiners prepare reports on the cause of death of fish. When done correctly, this preserves the evidence for use at court. However, some areas may not have fish examiners on hand or the prosecution may not properly prepare the pictures for admissible evidence. It is not uncommon for custodians of the confiscated items to lose track of them over time. Because cases take so long in the court system, this can be a real problem. 85 It is also difficult for enforcement agents to find and confiscate the equipment and vehicles used in environmental crimes, as the boats and trucks perpetrators use are highly mobile. Despite the inconvenience it may cause defendants, such equipment must be held as evidence and to prevent further environmental damage. The accused, or unindicted conspirators, will often petition for the release of their equipment. 86 Unfortunately, sympathetic lower court judges may sometimes grant these requests, despite the contravening case law. 87 Moreover, prosecutors must have the vehicles stored in a safe area despite the lack of storage space. Finally, it is important for enforcers to determine the location of violators, particularly close to the boundaries of natural parks. Community enforcers may not be trained in determining the exact location of where they apprehended the violators. Wealthier units can use GPS, but often the location of apprehension is disputed. 88 Any doubt in this area can destroy the prosecution’s case. 5. Docket Congestion In many countries, including the Philippines, courts are overburdened with cases. Yet, the Philippines’ forests and animals are already disappearing quickly. Irreversible damage to ecosystems can occur much more quickly than the many years it may take the court system to resolve a case. As Prof. La Vina noted, the environment cannot wait for the court system. 89 According to Justice Nazario, the Philippines needs over 300 trial court judges to fill the vacancies and resolve pending cases. 90 Low pay discourages the few who are qualified. Many of these vacancies are in remote parts of the country, such as Nueva Ecija, Occidental Mindoro, and Surigao Norte, where much of the fishing and forestry violations occur. Furthermore, the Supreme Court is burdened by the large amount of cases granted review each year, including the automatic review for death penalty cases. 91 Given this burdensome congestion, environmental cases are not given any special treatment on their own merits. Criminal environmental cases may be somewhat more expedited because they involve criminal punishments, but most judges and lawyers show no urgency with regard to environmental cases. 92 The Supreme Court attempted to alleviate this problem with Administrative Order No. 150B-93, setting up special courts to handle illegal logging, but these remain underutilized. 93 Until cases can move through the court system more quickly, the enforcement of environmental law will be delayed. III. Conclusion This paper has highlighted important legal and practical issues preventing efficient adjudication of environmental cases in the Philippines. However, due to logistical and budgetary constraints, this paper focused mostly on case law from the Supreme Court and the personal experiences of lawyers. In order to fully understand environmental adjudication throughout the court system, further research should ideally analyze environmental cases from all Municipal and Regional Trial Courts, Courts of Appeal, and the Supreme Court. It is important to see how cases area actually treated, particularly with respect to the issues examined in this paper. Furthermore, there may be important regional variations, particularly between areas with more natural resources and more urban areas. Even before such a study is undertaken, the courts can apply several lessons from this paper in the near future. First, while the courts have already taken commendable steps to waive filing fees and other costs for paupers, as mentioned above the definition of pauper may be under inclusive by not including NGOs. The courts should consider other definitions to reflect the realities of environmental NGOs. 94 Second, the Supreme Court should instruct the courts to dismiss SLAPP suits expeditiously. While the natural resource laws may not have anti-SLAPP provisions, Congress clearly did not intend to encourage such suits and there is nothing legally preventing the courts from dismissing them faster. Finally, the courts can address standing for citizens and class action suits. In particular, it should set out a clear position on standing in environmental cases. Other challenges will require long-term planning for the courts. Reducing the docket congestion is critical to expedite justice, although doing this will likely take years and require more judges. Likewise, the ongoing effort to train judges and lawyers in environmental law and science must continue, particularly as new judges and lawyers enter the judicial system. The courts should also familiarize themselves with the legal mechanisms available to them, particularly in shifting the burden of proof. However, this will be most useful in pollution cases as they become more common in the future. Ultimately, the challenges described above will require multifaceted solutions from various stakeholders in the Philippine legal system. For example, Congress must work to improve standing and citizens suit provisions in other environmental laws. To reduce the financial risk of brining a suit, law firms could move toward a contingency fee system. Furthermore, it is the responsibility of DENR and environmental agencies to ensure that evidence is properly recorded and preserved. Finally, as the Philippine grows and wealth spreads, more plaintiffs will be able to undergo the financial costs of adjudication. Eventually, the best solution to these challenges may come not from within the courts but from a new adjudication system. The U. S. has worked successfully with administrative adjudication for environmental issues in the EPA and Department of Interior. Other countries have set up independent environment courts. Based on the results of further studies and the needs of the country, the Philippines may move to adopt one of these models. This would allow expert adjudicators to handle cases under rules that make sense for environmental issues. Finally, it is important for judges at all levels of the judicial system to understand the severity of environmental degradation in the Philippines. The only redress environmental plaintiffs or prosecutors may have is in their court. Thus, they should not be reluctant to grant standing or award large damages, when appropriate, because doing so will ensure that both humans and the environment have their proper day in court.

The Golden Age for Women essays

The Golden Age for Women essays ?The colonial era was thought by many to be the "Golden Age" for American women. This was a time where women had little, if any, rights other than their husband's, but the work that these women did was considered of great economic importance. Women were considered of great importance when it came to certain tasks that needed to be done, and are, in many instances, recognized for their hard work and dedication to keeping a household afloat, keeping the men happy, and doing their part behind the scene in politics. It is argued that women's status was valuable during this period, because of their work in the household economy. Then again, a woman was still not considered equal to that of a man, regardless of how important her role was. Women were in charge of taking care of the household economy. Household economy would include everyone that was in the home, children, borders, servants, slaves, etc. Most of the time a wife would be the one taking care of the household economy, but in some instances men would have to hire help in the event that he was not married. Therefore, a wife was extremely important. She would keep a vegetable garden and chickens, she would make the soap and candles, the food, the bedding, keep the house clean, make and mend clothing, start the fire and keep it going so there was warmth and light, and bring in extra money by selling things. She would also produce the children and take care of them. They were not all equal members but their work was valued. It was understood that the work a woman provided in a home was valuable, and although a woman's work differed from that of a man, they were of equal value (Early American Women, slide 10). The women's economy had to do with more than just household chores. Women would barter, trade, and apprentice their daughters. Midwives were an important part of apprenticing their daughters. A midwife was going to be the only medical practitioner available and they were...

Moving from SMD (Single Member District) System to PR (Proportional Representation) System

Moving from SMD (Single Member District) System to PR (Proportional Representation) System As political disillusionment intensifies in America, Diamond and Plattner (2006) show that parties and candidates are becoming more cynical thus culminating into low voter turnout. Several proposals have been brought forth to revolutionize the American electoral system among them the campaign finance reform.Advertising We will write a custom essay sample on Moving from SMD (Single Member District) System to PR (Proportional Representation) System specifically for you for only $16.05 $11/page Learn More However, the attention given to the most recent reform (PR system) has made more people to consider replacing the current SMD (winner-takes-it-all) system with the PR system. United States is a democratic and a multi-party state. Therefore, an effective electoral system should cater for the interests of the parties present and the people without compromising on democracy. What impact is the change likely to have on (a) party-system and (b) democracy in U.S.? T hese are the most fundamental questions that people should seek to answer before replacing the SMD system. It is important that we understand the party-system and the democratic deficiencies present in SMD so that we can decide whether PR will be a practical option. The SMD system discriminates against third parties, does not represent all voters, discourages people from voting and enacts laws that do not correspond with the public views. These problems reveal a fundamental flaw in the electoral system; the only persons represented are those who elect the winning candidate. The rest, about 49% in every district never get any representation as the election system shuts out the minorities from participating in elections. What happens is that a Republican who is in a Democrats dominated district votes but his/her votes go to waste because the Republican candidate never wins. Due to lack of minorities’ representation in the electoral system, Shively (2011) asserts that there is h eightened lack of democracy in the electoral system. This explains why there is distorted representation in the state, local legislatures and Congress. The SMD system also shows evidence of unequal representation of political parties. Parties end up getting more or less, than what they deserve. For instance, the House of Representative Elections (1994) saw the Democrats in Washington get 22% of the seats despite winning with over 50% votes.Advertising Looking for essay on political sciences? Let's see if we can help you! Get your first paper with 15% OFF Learn More As put across by Diamond and Plattner (2006), PR systems make use of multi-member districts and uses larger districts to elect the members required as an alternative to voting a single member in every small district. In addition, the number of candidates who win seats in the multi-member districts is dependent on the votes each party gets. For instance, in a PR district consisting of 20 members, if the Democratic Party gets 50%, the Democratic candidates get ten seats. If the Republican Party gets 30%, the party’s candidates secure six seats and if there is a third party with 20%, four seats are reserved for its candidates. A PR system would make sure that all people and parties get a fair and just representation. This is because under PR, there is representation of all significant groups including the political minorities who might only garner 10 or 20 % of the votes. The PR system ensures that the legislature reflects the parties’ voting strengths. For instance, a party with 40% of the votes gets 40% of the seats. Presently, the party-system reflects the unfairness of SDM. The Republican Party and Democratic Party, which are the winning parties, dominate the electoral system thus limiting other parties from winning. The PR system will offer diversity and make sure that emerging third parties such as the Liberation party, the New Party and the Greens get realis tic chances to challenge the two major parties. Such parties will only need 10% of the votes to elect a candidate hence guaranteeing the viability of the minor parties. Shively (2011) notes that this would lead to a healthy multi-party state where there is fair and free representation and competition among political parties. This would also guarantee that there are varied choices during elections. Each person can find a party or candidate that he/she can enthusiastically support. As a result, the public would exercise its voting rights in a democratic manner and with the assurance that their votes are not wasted; there is a guarantee that a 10% vote would see a candidate who can represent their views/needs in parliament. For this reason, voter turnout would be high meaning that the multi-party system formed would be heterogeneous. Thus, varied political perspectives present in the electorate would guarantee that there is a wide-ranging political debate that would uphold democracy, l ead to new ideas and sound decision-making.Advertising We will write a custom essay sample on Moving from SMD (Single Member District) System to PR (Proportional Representation) System specifically for you for only $16.05 $11/page Learn More To maintain or uphold democracy, Shively (2011) emphasizes that the government should allow all people to participate equally in every decision that affects them. The PR system will enhance democracy by giving the party-system a complete overhaul whereby the dominance of the winning parties will be eradicated and equal representation of all political parties, including the minor ones guaranteed. The PR system will also ensure that the electoral system upholds democratic rights, including voting rights and political representation rights of all citizens. Simply stated, PR system will cater for the party-system and democratic deficiencies in the SMD system without compromising on the role of the electoral system. Diamond , Larry Jay., and Marc F. Plattner. Electoral Systems and Democracy. Baltimore, MD: JHU Press, 2006. Print. Shively, W. Phillips. Power and Choice: An Introduction to Political Science. 12th  Edition. Dubuque, IA: McGraw-Hill, 2011. Print.