Asian Immigrants During The Nineteenth Century - 1590 Words

Asian immigrants in the history of United States had a hard time gaining legal citizenship. For instance, the Naturalization Act of 1790 excluded both free blacks and Asian Americans from U.S. citizenship, while the 1870 revision expanded the white racial qualification to include â€Å"aliens of African nativity and to persons of African descent,† keeping aliens of Asian origin excluded. Even under harsh conditions, Asian immigrants did not give up attempting to be naturalized after 1870. However, it is remarkable that no Asian immigrants sought naturalized citizenship by claiming that they were Blacks. Instead, they learned the strategy to cast themselves as Whites while applying for U.S. citizenship. This noteworthy historical phenomena†¦show more content†¦In 1909, however, Najour successfully obtained his naturalization rights because he was considered as part of the Caucasian or white race, decided by the 5th Court of Appeals. According to District Judge Newma n who made this decision, the term â€Å"free white persons† used in the statutes to exclude Asians was not referring to skin color but to race, and since scientific evidences proved that Syrians belonged to Caucasian race, Najour should be considered as belonging to white race despite his dark skin color. This court decision revealed that Caucasian was equal to White and color was not legally related to race, showing the expansion of white notion. At this point, not only would the people of light complexion and European descents be regarded as Whites relying on common understandings, but also people of Caucasian race based on scientific evidences. This, in turn, caused the development of legal split between scientific understandings and common knowledge, which is one of the major significances of In re Najour. Different courts chose different theories to make decisions on naturalization cases. Some courts used common knowledge, while others preferred scientific evidence. However, more importantly, In re Najour also helps showcase the value of whiteness. As was mentioned above, the fact that aliens could be granted citizenship based on scientific evidences

DublinersHow is it related to Modernism - 1657 Words

Reading a modernist novel entails bearing in mind a whole new world of ideas, a quite different perspective of giving life to those ideas than other written works and certainly a new aspect of accepting those ideas as a reader. It is not easy to pinpoint modernisms roots and it is also difficult to say exactly what it expresses. However, one thing that is clearly proved in a modernist novel is the fact that there is a change in the understanding of the human self and the interaction between characters and events. Perhaps the easiest way of understanding the ideology of modernism is to focus on a novel written by one of the most famous modernists concentrating on the techniques and the basic general ideas that are applied in it. Such a†¦show more content†¦He dreams of being far away in a country in the East, but then again he realizes that he is still in the city which he resents and, unfortunately surrounds him: I felt that I had been very far away, in some land where the customs were strange-in Persia, I thought...But I could not remember the end of the dream. Simply by interpreting this thought of the little boy, we can recognise how eager the Dubliners were to escape eastward and leave their city to a more living world. Joyces Dubliners could also be considered a work of modernist literature if we consider the last and longest story of this collection, The Dead. Again, this story is told through the consciousness of the characters but some times the narrative is made up of third person description: Gabriels warm trembling fingers tapped the cold pane of the window. How cool it must be outside! How pleasant it would be to walk out alone, first along by the river and then through the park! The snow would be lying on the branches of the trees and forming a bright cap on the top of the Wellington Monument. How much more pleasant it would be there than at the supper-table! This combination that James Joyce uses is to present the events as they are and to

Facets of Unconscionability In Law Samples †MyAssignmenthelp.com

Question: Discuss about the Facets of Unconscionability In Law. Answer: Unconscionability, also referred to as unconscionable conduct, is usually found under the contract law; though, these are not restricted to thecontract law and can also be found instatutory laws like the Australian Consumer Law. So, unconscionability is not limited to the common law and is also present in the statutory laws (Vout, 2009). Unconscionability is basically such term in the drawn contract whereby one of the parties to the contract is dominated by the other party of the contract. This is possible due to the other party holding a superior bargaining power against the person who is at a weaker position (Latimer, 2012). This is particularly wrong as it is not ethically correct. Unconscionability is present in such relationship where there are two parties, in which one is the dominating one and the other is the weaker one. As a result of this, unconscionability is often mixed with the vitiating factors like undue influence and duress. Under the contract law, unconscionability a llows the dominating party to take advantage of the weaker party due to the special disability held by the weaker party. Some of the special disabilities include age, less education, illiteracy and the combination of these. This special disability allows for the weaker party to be oppressed and to be dealt in a harsh manner (Clarke, 2018a). This discussion is focused on highlighting the different facets of unconscionability particularly in context of the common law and the statutory law of the nation. In doing so, the established case laws and the use of this in the commercial world would be highlighted. When a case of unconscionability is present under the common law of contract, the contract becomes voidable at the request of the weaker party. As a result of this, the undertaken transaction is set aside and the dominating party is no longer able to take advantage of the situation (Clarke Clarke, 2016). There are a number of case laws which prove to be an example of unconscionability not being tolerated. Particularly in context of Australia, the leading example of unconscionability is the case of Commercial Bank of Australia v Amadio(1983) 151 CLR 447. The reason for the significance of this case is not just because this case involved unconscionability but also because this case became an important lesson for the banks in the nation, to not be indulged in such conduct, which could prove costly for them. This case had a mortgage being signed for securing the loan for the son of A by them. A were never informed of what was going on or even about the details of this mortgage. A did no t know English that much due to them being Italian and this made them almost illiterate. When an attempt was made by the bank for seizing the home which had been kept as a mortgage, A challenged the validity of this mortgage. The court analysed the entire case and gave the ruling in As favour due to unconscionability being present here. The special disability which led to the presence of unconscionability in this case was the almost illiteracy of A (Clarke, 2018b). There is another prominent case law which shows the court taking a strict approach against unconscionability and this is the case of in Louth v Diprose (1992) 175 CLR 621; [1992] HCA 61. Diprose in this case had been infatuated towards Louth and to show his affection, he used to give Louth a number of gifts. When Diprose proposed to Louth, she did not accept the proposal. After some time had passed, Louth told Diprose that she was very upset due to her inability in paying the money for her home. As a result of this, she was facing eviction. This would mean that she would not have a home to live in, and ultimately she would end her life. However, most of this was false. Due to the emotional pressure exerted by Louth on Diprose, he agreed to purchase the house for Louth; and due to instance of Louth, the name of Louth was put on the documents. After some years lapsed, the relation between the two was damaged and ended. Diprose then asked Louth to transfer the home which he had brought for her in his name, as he had made the payment for the house. However, Louth denied to do so and this led to Diprose initiating a suit against her. When the matter was presented before the court, they stated that Diprose had to be given the entitlement to the land for the reasons of him having brought the same and given to Louth due to her use of unconscionability. The succeeding appeals to this matter were also declined b the court due to the misuse of the emotional state of Diprose by Louth (Clarke, 2018c). Till now, the unconscionability was discussed in context of the common law, but now the discussion would move on to the statutory law of Australia, which provides the provisions against unconscionability. The Australian Consumer Law (ACL), which is covered under schedule 2 of the Competition and Consumer Act, 2010 presents the provisions against unconscionability. Section 21 of the ACL places a restriction on the ones indulged in trade and commerce, from indulging in unconscionable conduct, when the goods and services are supplied in business transactions (Austlii, 2018). When it comes to unconscionability, the situations surrounding the transaction is what decides its presence or absence (Coorey, 2015). An example of this can be cited in the individual not being provided with sufficient time for going through a contract to be signed by them. Under section 22 of the ACL, the various factors which have to be considered by the court for holding the presence of unconscionability. Where the presence of unconscionability is found in the business, the penalty on individuals is imposed to a maximum of $220,000 and this value for the body corporate stands at $1.1 million owing to the undertaken unconscionability (Corones, 2012). An example of unconscionable behaviour being used by the vendor in Australia is that of Australian Competition and Consumer Commission v Nuera Health Pty Ltd (In Liquidation) ABN 97 113 678 452 [2007] FCA 695. In this matter, allegations were made against NuEra Health Pty Ltd by ACCC, along with against the family members who operated the company, for being indulged in unconscionable conduct while marketing RANA system. This product was marketed to the highly vulnerable consumers while they were signing up for paying the substitutive cancer treatments. This system was a substitute approach to the cancer treatment, as a result of which the cancer patients got hope. This system had a range of services and products and the costs of all these was nearly $35,000. It was falsely claimed in the marketing of this system by the company that the cancer could be stopped, reversed, or cured and was based on science. However, all this was not true. This led to the Federal Court of Australia deemi ng the conduct of NuEra Health Pty Ltd as unconscionable under the erstwhile statute of Trade Practices Act. This was deemed as a reprehensible kind, which revealed the heartless and cynical exploitation. This led to the court putting a complete restrain on the company and the family running the company from engaging in any sort of offending conduct (ACCC, 2014). During the mid of 1998, a number of reforms were being put forth in the financial service sector. The main duties in these amendments were for the protection of small businesses and the consumers in this sector. The principles stated above were respectively applied in the financial services contracts and this was determined by considering the particular exclusions and the definitions covered under the three key sections of ASIC Act, 2001, i.e., sections 12CA, CB and CC (Federal Register of Legislation, 2017). This act clearly defined the financial products and services and these provisions were mirrored in the ACL, as a result of which, there was a similarity in the compliance obligations regarding the financial services being dealt with (Pearson, 2009). In a number of industry based legislative schemes, there was a specific restriction placed on unconscionability. There are a number of examples of this and includes the panel being asked to review the legislation which govern the retail tenancy in the prohibited areas for such conduct by the parties to retail lease. As touched upon earlier, there is a similarity in the different statutes where the different services are governed. The majority of these, however, find their place in the leading sections of ACL. It is not up to the courts to decide on a good or bad bargain being made; they only seek the change through which the personal benefit was attained by the person. The Commercial Bank of Australia v Amadiocase is a leading example of the courts being reluctant when they have to enforce the unfair or unequal agreements. As a result of this, the legislation had been developed for the financial sector and for safeguarding the consumers of the nation (Law Teacher, 2018). Other than the ASIC Act and the ACL, there are other legislations putting up similar prohibitions for the unconscionability and amongst this is the Fair Trading Acts. These legislations, of the states and territory, are mirrored in the ACL provisions (Morandin Smith, 2011). The theme in these is that the businesses have to know that there are statutory protections being forwarded to the individuals and where unconscionability is undertaken with the consumers, they have a range of avenues to protect their interest. Even though this legislation is applicable only for individuals and not on companies, but section 43 of this act does cover the unconscionability undertaken by the traders against the consumers (Campbell, 2013). When it comes to the provisions of unconscionability, some entities become positive towards it and the others provide their criticism to it. Amongst the different bodies which presented their view point on unconscionability is the Financial and Consumer Rights Council Inc. (FCRC), which has presented its support for the unconscionability provisions being present in the ACL. This was due to the commonality of unfair terms in standard contracts, as a result of which the consumers were left with very less power for bargaining. Due to these reasons, the proposal for prohibiting unconscionability in contract was put forth. As per FCRC, this would have allowed the consumers to be sure that they were protected through the ACL provisions, particularly where they were at a high risk of unfair practices. The FCRC also presented recommendations in this regard, particularly regarding the retaining of title for goods suppliers, where the goods could not be removed without any kind of damage and t he suppliers being allowed to get the possession of the goods. The reason for this was the repossession being an intimidating task for the consumers which particularly is disadvantageous for the vulnerable consumers. The consumer group here included the non English speaking individuals, elderly and the other vulnerable groups (FCRC, 2018). To sum up the entire discussion and to get to the conclusion, unconscionability is something which is prohibited under the common law and also in the statutory laws of Australia. These laws protect the individuals against being taken advantage of, in their dealings, where they hold the position of weaker party, and the dominating party misuses their position, for furthering their benefit, at the cost of the benefit of the weaker party. There are a number of cases, as highlighted upon in the previous segments, which shows the strict approach adopted by the courts against the individuals and the entities involved in unconscionability. The historical background of unconscionability in Australia, along with its presence under the different laws further highlights the significance and the strictness adopted by the courts against unconscionability. These provisions were brought forward due to efforts of entities like the FCRC and the rising number of cases where unconscionability was being used by the financial institutions. Thus, the unconscionability provisions do offer wholesome protection to the consumers in the nation. References ACCC. (2014). Business snapshot. Retrieved from: https://www.accc.gov.au/system/files/217_%20BS%20Don't%20take%20advantage%20_FA_Web_Nov-2014.pdf Austlii. (2017). Competition and Consumer Act 2010 - Schedule 2. Retrieved from: https://www.austlii.edu.au/au/legis/cth/consol_act/caca2010265/sch2.html Campbell, D. (2013). International Consumer Protection, Volume 1. New York: Springer. Clarke, J. (2018a). Unconscionable Conduct. Retrieved from: https://www.australiancontractlaw.com/law/avoidance-unconscionable.html Clarke, J. (2018b). Commercial Bank of Australia v Amadio. Retrieved from: https://www.australiancontractlaw.com/cases/amadio.html Clarke, J. (2018c). Louth v Diprose. Retrieved from: https://www.australiancontractlaw.com/cases/louth.html Clarke, P., Clarke, J (2016). Contract Law: Commentaries, Cases and Perspectives (3rd ed.). South Melbourne: Oxford University Press. FCRC. (2018). Submission. Retrieved from: https://archive.treasury.gov.au/documents/1501/PDF/Financial_and_Consumer_Rights_Council.pdf Federal Register of Legislation. (2017). Australian Securities and Investments Commission Act 2001. Retrieved from: https://www.legislation.gov.au/Details/C2017C00326 Latimer, P. (2012). Australian Business Law 2012 (31st ed.). Sydney, NSW: CCH Australia Limited. Law Teacher. (2018). Unconscionable Conduct In Australia. Retrieved from: https://www.lawteacher.net/free-law-essays/contract-law/unconscionable-conduct-in-australia-contract-law-essay.php Morandin, N., Smith, J. (2011). Australian Competition and Consumer Legislation 2011. NSW: CCH Australia. Pearson, G. (2009). Financial Services Law and Compliance in Australia. Victoria: Cambridge University Press. Vout, P.T. (2009). Unconscionable Conduct: The Laws of Australia (2nd ed.). Pyrmont, NSW: Thomson Reuters.

Power in Employee Relation

Introduction Kelly (1998, p. 88) notes that ‘power is perhaps the most widely used concept in the field of industrial relations, yet little research on the subject of power either theoretically or empirically has been done, â€Å"†¦.to the extent that it now represents a major theoretical lacuna (gap) within the discipline (Kirkbride 1985, p. 44).Advertising We will write a custom essay sample on Power in Employee Relation specifically for you for only $16.05 $11/page Learn More Rose (2004, p. 6) defines power as â€Å"†¦ the extent to which one party to a relationship can compel the other to do something he otherwise would not do voluntarily†. Employment relationships, according to Rose (2004, p. 8) it refers to â€Å"†¦the study of the regulation of the employment relationship between employer and employee, both collectively and individually, and the determination of substantive and procedural issues at organizational and work place levels.† The paper critically examines the importance and implications of power in employment relationships, its comparison to policy and the inherent conflicts. Literature Review The players in employee relations theory include employers and managers, employer representatives, employees and workers, employee representatives, the state, its agencies and other supra -national bodies. Faber Dunlop (1958, p. 28) pioneered the systems approach’. He defines it as a sub system within the industrial society. â€Å"†¦an analytical subsystem of society†. By this definition, power becomes a consequence of distribution of power in a bigger society. Kirkbride (1985, p. 47) criticizes this definition on three grounds: it ignores any critical investigation into the processes of power within industrial relations. The system’s approach rejects the importance of behavioral processes in favor of structural processes (102). Furthermore, the system’s a pproach creates a possibility of conflict within the industrial relations because it does not recognize opposition (Poole 1981, p. 75).Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Unitary theory assumes that there is no possibility of opposition because the organization body is viewed as one integrated family, bound together by the values of the organization. Power as a concept is neglected by the unitary approach (Kirkbride 1985, p. 46). Action theory gives recognition to the theory of power in industrial relations â€Å"†¦it focuses on the relative power of the parties in the exchange relationship† Kirkbride (1985, p. 45). Though it lacks a definite form, two branches of analysis are clear, analysis of decision making of the various players in the industrial relations framework and of the interaction between the players. However, it fails to elaborate how an agreement is r eached during the bargaining process. It has restricted focus on the negotiating table. The major strong point of the action theory is that it focuses on behavioral theory. Because of the inherent weakness on the negotiation table, it does neglect the possibility of conflict within the different organizations in the industrial relations frame work (Clarke 1977b, p. 109). Pluralist theory assumes distinct sectional groups within an organization, each with competing interests. Through joint regulation or collective bargaining, Flanders (1970, p. 19) argues that the diverse and competing interests can be regulated. Hyman (1975, p. 69), argues that pluralist focus on regulation conceals the firmness of power in the process of industrial relations. He asserts that employment relationship â€Å"†¦can never be frozen in a single rule.† However, it is rather dynamic and changing. The Marxist Perspective emphasizes the issue of power (Glaser Strauss 1967, p. 71). According to th e Marxist, since the capital owners own the means of production, they have more wealth and therefore have advantage over the suppliers of labor. When there is a larger pool of labor, capital is at an advantage because the labor supply exceeds its demand, the labor price is low. Hyman (1975, p. 72) observes, â€Å"It is true that the possession of scarce skills, or the existence of a tight labor market may help lessen the imbalance. Hyman (1975, p. 75) observes â€Å"for a while the powers of the employer are enormous he is at the same time dependent on his labor force.†Advertising We will write a custom essay sample on Power in Employee Relation specifically for you for only $16.05 $11/page Learn More Capital may be dependent upon labour in a number of ways; the Marxist position points that the relationship between capital and labor may continuously fluctuate. The Marxist perspective offers a useful perspective into the analysis of power and emp loyee relations. However, his view of power as a zero-sum game phenomenon and failure to develop power at micro level attract criticism (Kirkbride 1985, p. 47). Discussion Employment relations is the contemporary term for industrial relations, the theoretical perspectives and the way their points of view can has been discussed in the literature reviews. Modern management approaches today strike a balance between unitary and pluralism. The approach chosen depends on the employee relations’ climate. When trade union power is low, management makes the decision, when union power is high, then negotiation and consultation are adopted (Purcell Sisson 1983, p. 210). The bargaining power of the unions can be estimated based on membership density, strike frequency statistics, bargaining outcomes, structural factors and leadership. The 21 century has witnessed a decline in both union strength and influence due to the shift from manufacturing to services in the developed world. The sma ller workspace in the service sector has hindered union organization and recruitment. Even though, employees still have a voice- â€Å"a whole variety of processes and structures which enable and at a times empower, employees, directly and indirectly to contribute to decision making in the firm† (Boxall Purcell 2003, p. 162). The employees can air their voice formally and informally, directly or through representation, collectively or individually depending on the intention. Some forms of employee voices are bottom-up arising from a desire among the employees to be listened to. In most cases however, management often initiates the modalities for employee voice either out of pressure from employees or as a strategy to be more inclusive. Dundon Rollinson (2007, p. 121) call the difference between how much influence employees report have over management decisions and how much influence they would like to have, the â€Å"representative gap†.Advertising Looking for essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Wilkinson et al. (2004, p. 306) acknowledged four categories of employee involvement and participation that give employees varying levels of power in their work places; downward communication, upward problem solving, representative participation, and financial participation. Downward communication is a top- down strategy communication from management to employees, for example, through newsletters, notice boards among others. It does not give the employees much power. Upward problem solving empowers the employees to improve work processes. They suggest solutions to specific problems and this gives them great possession over decisions. Under representative participation, the employees’ interest are represented by their leaders (elected workers representatives) (McBride 2004, p. 82). It provides employees with some degree of influence over a number of issues such as work councils and advisory councils. Trade union representation often has a greater power over decisions because f ailure to respect employees views can result in industrial action. Collective bargaining, refer to joint regulation of specific aspects of the employment relationship between employers and recognized trade union representatives (Faber Dunlop 1958, p. 56). Workers capitalize on their solidarity that gives them a stronger bargaining position against management. They focus on substantive issues like payment and conditions of work. Finally, according to Marchington et al. (1992, p. 63), financial participation, allows the employees to have financial share in the firm. Strauss (2006) asserts that financial participation compliments voice initiatives. It seeks to develop long term relationships between the employees and their employer by linking the overall firms success with an individual reward. They include employee share ownership, sharing of profits and payment of bonuses. In conclusion, it is clear that the concept of power in employee relation has evolved over time. List of Refere nces Clarke, J., 1977b. Workers in the Tyneside Shipyards in McCord, N. (Ed) (1977) Essays in Tyneside Labour. History. Newcastle: Department of Humanities. Dundon, T., and Rollinson D. 2007. Understanding Employment Relations. McGraw Hill: Maidenhead. Faber, F., and Dunlop J., 1958. Industrial Relations Systems. New York: Holt. Flanders, A 1970, Management and Unions: The Theory and Reform of Industrial Relations. Glaser, B., and Strauss A. 1967. The discovery of grounded theory. Chicago: Aldine. Hyman, R. 1975. Industrial relations: A Marxist introduction. London: Macmillan. Kelly, J., 1998. Rethinking Industrial Relations: Mobilization, Collectivism and Long Waves. London: Routledge. Kirkbride, P. 1985. Power in industrial relations research. Industrial Relations Journal, vol.16, pp. 44-56. McBride, J. 2004. Renewal or resilience? the persistence of shop steward organization in the Tyneside maritime construction industry. London: Capital Class. Poole, M., 1981. Theories of Trade Unionism: A Sociology of Industrial Relations. Routledge Kegan Paul. Rose, E. 1994. The Disorganized Paradigm British Industrial Relations in the 1990s. Employee Relations, vol. 16, no.1, pp. 27-40. Wilkinson, A et al. 2004. Changing patterns of employee voice: Case studies from the UK and Republic of Ireland. The Journal of Industrial Relations, vol.46 no.3 pp. 298–322. This essay on Power in Employee Relation was written and submitted by user Rayden G. to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.