Category: Legal Issues

Abstract

This paper will provide a discussion of sex and tourism. It will introduce the topic with a general overview statement. The paper then assesses the benefits and disadvantages of sex and tourism. In covering the benefits and shortcomings of sex tourism, the paper will try to establish whether sex tourism is something that is ethical and desirable in society. The legal issues associated with sex tourism and the existing constitutional issues will also be covered. There are several statutes that cover sex tourism. A number of the available statutes which cover sex and tourism will be discussed. A comparative page will be provided whereby foreign laws on sex and tourism will be considered. The analyses of the legal aspect of sex and tourism and, the management factor, will be captured. Under this section, real cases of sex tourism will be highlighted in order to help understand how sex tourism legislation plays out in such cases. A conclusion reflecting the salient features of the discussion will be provided at the end of the discussion.

Statement of the Topic

It is opined that thousands of people all over the world make travel every year to distinct destinations with varying reasons. Sex tourism has become an attractive aspect of the tourism industry. It is argued that many of those sex tourism destinations are in developing countries (Harrison, 2001). The key groups are rich men and women from developed countries. According to the World Tourism Organization, sex tourism is defined as a travel organized through existing networks solely for sexual relationships between the tourists and the residents of the desired destination. The primary goal of traveling must be to engage in commercial sexual relationships (Phil, 1999). Sex tourists are said to weigh the costs of services in the travel destination. In addition, the presence of laws allowing prostitution is the main attraction. It has been stated that access to child prostitution has been a key consideration by sex tourists (Macleod, 2004). This paper discusses the benefits, disadvantages, legal issues of sex tourism. The paper also analyzes the management of sex tourism (Papathanassis, 2011).

Benefits of sex tourism

Sex tourism generates a lot of money. The success of sex tourism has been through the support of institutions and governments that benefit from it (Mak, 2004). There are institutional facilitators who have teamed up with other partners to provide commercial sex tourism markets. Their support has paid off. They have made substantial earnings from their investment in sex tourism. It follows that there are several people who have received direct or indirect benefits (Mak, 2004). It is worth noting that the sex tourism business has worked for hand in hand with human trafficking. It has been observed that, in sex tourism markets, the demand exceeds the supply; hence key players have to engage in trafficking so as to fill the deficiency. Children and women have largely been victims of said trafficking (Mak, 2004). It is said that government officials find it hard to stop human trafficking bearing in mind the revenue benefits generated from it (Kempadoo, 1999).

Disadvantages of sex tourism

It is imperative to note that there are several disadvantages associated with sex tourism (Malcolm, 2002). Sex tourism has become a costly trade with notable effects in children, women, and society at large (Kathryn, 2005). Society’s values have been eroded by the trade (Aronowitz, 2009). Women and children have been reduced to objects (Ryan, 2002). There is an alarming concern that the industry has made women lose their moral identity (McCabe & Manian, 2010).

Those opposed to sex tourism have observed that the trade focuses on sexual gratification and financial benefits instead of assessing the impacts on human dignity. The social benefits of the trade are said to outweigh the social costs. Research indicates that the benefits of sex tourism are realized by a few individuals while the society is moral thread is threatened (Barry, 1995). The main reason why trade has been considered harmful is its link to human trafficking and child prostitution (Klain, 1999).

The industry relies heavily on human trafficking. There is a lack of international and local standards to regulate sex tourism (Cole & Morgan, 2010). Sex tourism dealers have shown economic and political influence on the existing regulators. The dealers have repeatedly influenced government agents to protect their trade. The effects of such influences have affected women and children (Morgan, 1996). The transmission of HIV and other sexually transmitted diseases has been witnessed. Children and women have been psychologically affected by sex tourism (Morgan, 1996).

Legal Issues

There are notable legal issues that sex tourism presents. The industry is propelled by illegal activities such as child prostitution, human trafficking, and rape. Legally speaking, sex tourism has presented key legal issues that are worth critical examination. It is to be remembered that sexual relationships between the tourist and the resident are regulated by the law (Flowers, 2006). It could be regulated by the existing law within the jurisdiction of international law (Murphy, 2002). It is agreeable that the relationship must be between two adults, and express consent must be evident. The absence of consent makes the relationship illegal and punishable under the law. In many jurisdictions, sexual intercourse with a minor is expressly prohibited (Oppermann, 1998).

Constitutional Issues

The exploitation of children for economic purposes has gradually increased in the world today (Klain, 1999). The sad exploitation has been through sex tourism. Tourists have abused children’s constitutional rights. This exploitation has been described as a worse form of human rights abuses. The economic purposes have led to significant breaches of children’s constitutional rights. Constitutionally, the child is denied the right to liberty. They are further denied other fundamental rights, such as the right to education, health care, nutrition, and decent childhood (Bloor, 1995). The Univeral Declaration of Human Rights guarantees every human being a right to liberty. It further prohibits individuals from slavery and servitude. Therefore, the incidences of sex tourism defile the Declaration of Human Rights. The defilement becomes greater when children are involved (Lessig & Lessig, 2006). Similar provisions are reflected in the American Constitution.

Federal/ State/ Local Statutes

According to (2002), numerous statutes have given the constitution sufficient backing. They have been amended throughout time so as to reflect the dynamics of the time. In the United States, there are numerous legislations, which cover sex tourism. The main legislation is the Sex Tourism Prohibition Improvement Act of 2002. Section 2423 of the Act imposes fifteen years in jail for any person who engages in interstate illicit sexual conduct. The Act imposes similar punishment to a person who commits the mentioned crime outside America but is a permanent resident of America. The definition of the offense also covers ancillary offenses. The ancillary offenses are made to punish those individuals who do not take part in the act but facilitate it. Facilitation through procuring, inducing, or arranging is barred by the Act. The mentioned Act has been amended. The amendment has been provided so as to help in dealing with international sex tourism (Murphy, 2002).

The Mann Act, also known as the White Slave Traffic Act has provisions that outlaw sex tourism. The Act has been at the forefront in punishing those who engage in human trafficking for sexual purposes. The Act outlaws any transport of any individual interstate with intent of engaging in sexual activity. The sexual activity must be unlawful and punishable by law. The Act was amended in 1986. The amendment desired to criminalize the transport of a minor interstate or abroad for sexual activity. The intent must be proved (Fraley, 2005).

In 1994, the Child Abuse Prevention Act was enacted. The Act expanded the protection of a child. The Mann Act was rendered redundant. Despite the requirement of proving intent, the Act saw many sex tourists being prosecuted. Increase in sex tourism led to the passing of the Trafficking Victims Protection Act of 2000. The act aimed at addressing trafficking for sexual activities and forced labor. Congress desired to cut the number of child prostitutes. In 2002, the 1994 Act was revised. The Sex Tourism Prohibition Improvement Act was enacted which was to deal with various problems in the previous legislations. It sought to criminalize any child trafficking by the tour operators. The Act directly targeted the tour operators (Fraley, 2005).

In 2003, the Prosecuting Remedies and Tools Against Exploitation of Children Today Act was passed. The Legislation increased the incarceration time from initial fifteen years to thirty years. Congress also criminalized any attempts to participate in organizing sex tourism. The most essential part of the Act was that it did not require proof of intent by the prosecute the offenders (Lessig & Lessig, 2006).

Federal / State/ Local Regulations

The desire to curb sex tourism having aggravated, Congress established strong regulations to give the existing laws a strong implementation foundation. The Congress established Operation Predator (Lessig & Lessig, 2006). This brought together federal government officials and law enforcement agents. This regulation later became an initiative of the United States Immigration and Customs Enforcement and the Department of Homeland Security. The joint initiative has tremendously reduced the number of child trafficking. Through this regulation, many indictments have been conducted against sex tourists (Lessig & Lessig, 2006). However, these indictmenst have not helped to prevent such practices in other regions of the world.

Cases

There are cases in different jurisdictions, which explore the issue of sex tourism. In the United States, there are various cases, which have clearly shown the position of different laws on sex tourism. In the case of U.S. v. Hersh, the 1994 Act was applied (Lessig & Lessig, 2006). The accused in that case travelled to engage in sexual activities with young boys. There was evidence to show that he exploited several boys of 8-16 years. Accrdiong to internationsl law, these boys were minors as vindicated by their age. The evidence available indicated that he used a false passport to bring one the boys to the United States. The boy’s initial home was Honduras. He made claims that the alleged boy was his son, whom he had adopted. The FBI interviewed witnesses through the help of Honduran police. The accused was found guilty and sentenced to 105 years imprisonment (Lessig & Lessig, 2006).

In the case of State v. Steer, the Court stated that the provision of the law that required consideration was limited to selective sexual conduct (Fraley, 2005). It was held that a person found guilty of the offence of travelling for illegal sexual activity, could not rely on that provision. The case of People v. Bell found that the statute could be applied in general situations (Fraley, 2005). This covered instances where an adult gave a child money to induce the child for sexual activities. The court also found that a broad interpretation of the statute was essential since it helped in discouraging child prostitution.

In People v. Harris, the court drew a distinction between soliciting a juvenile prostitute and recruiting a child for prostitution (Lessig & Lessig, 2006). The solicitation was said to be for middlemen who only participated in procuring. The court rejected the assertion that once the accused is guilty of the sexual act could not be charged with solicitation. Similar arguments were evidenced in the case of People v. Emerterio (Holmes & Holmes, 2002).

Comparison with Foreign Laws

Sex tourism has become a universal issue. Countries are determined to combat international and local sex tourism. With the advent of globalization, various societies have become vulnerable. Australia and Germany have moved swiftly in making sure that the sex tourism is stopped. These countries can be termed as the main benchmarks in as far as the fight against sex tourism is concerned. To start with, the Australian Parliament enacted the first law to protect children against sex tourism (Holmes & Holmes, 2002). The Act was extremely vital since it amended the Australian Crimes Act of 1914. The Act further expanded the jurisdiction of the Austalian prosecutors. They were permitted by the law to prosecute citizens who committed the crimes overseas (Ryan, 2003). The jurisdiction did not cover Australian citizens only, but also the residents. The Act has achieved significant strides since its enactment with numerous Australians being prosecuted. The previous Act limited the government’s power to prosecute. The amendments in the Act allowed prosecutions to be preferred against an accomplice to the crime of sex tourism. In order to protect children from emotional discomforts, the Act permitted the use of video link in delivering their testimonies. To enhance support for the Act, the Australian government established a program to arrest the child sex tourists. Child Wise is a program which fosters tourism training activities. This program has been fundamental in the fight against child sex in tourist destaintaions in Australia.

Germany has not been left behind in the fight against sex tourism (Koshar, 2000). German’s legislations on sex tourism are similar to those of the United States. They are applied without a requirement of double criminality. The German government has passed a legislation which spells out a maximum of 10 years imprisonment for sex tourism related charges. Worth noting is that the German law provides for a limitation period of 5 years (Fraley, 2005). Its achievements were recognized by UNICEF in 1998. The main weakness of the law is that it applies within the territorial jurisdiction. The law lacks a universal force (Fraley, 2005).

In Japan, extraterritorial jurisdiction is embraced. The Japanese penal code does not entail the principle of double criminality. This is similar to the United States laws on sex tourism. There are key limitations in the Japanese laws which have made an investigation into sex tourism crimes hard (Fraley, 2005).

Analysis

The legal systems available have demonstrated serious weaknesses in dealing with sex tourism. The influence of direct beneficiaries of sex tourism has proved more powerful than the law enforcing agencies. The existence of strong laws, which are geared towards protecting the society, has faced numerous challenges (Gallagher, 2010). The existing legal standards ought to be strengthened beyond individual’s influence. The existence of the laws is not enough to combat sex tourism. Strong international and local enforcement agencies are required (Sornarajah, 2010).

Management Suggestions

It has been established that sex tourism is propelled by internet. There are numerous internet sites and networks which are designed to facilitate sex tourism. Sites are developed everyday in the social networks for sex tourism purposes. Such sites have targeted teenage boys and girls. Strong international cyber laws need to be established. This occurs at a time whereby the world is managed by information technology (Pease, Rowe & Cooper, 2007). Proper coordination of the legal aspects presented requires a high level of management (Howie, 2003). Managers should help in investigations and identification of sex tourist networks (Swarbrooke, 1998). A manager in the tourism sector should devise measures of ensuring that ethics in the tourism sector are maintained (Fennell, 2006). This entails enforcing the ethical standards presented by the World Tourism Organization. It is the duty of a manager to facilitate the adherence to the mentioned tourism ethics in the organization (Fennell, 2006). The manager should sensitize the subordinate staff on the benefits of maintaining the said ethics. Tourism manangers are charged with the responsibility of ensuring that laws governing sex tourism are is under implementation. This is due to the fact that mananger are are answerable for anything that happens in tourist sites that are under them. Manager are obliged to look ensure that sex tourism in eliminated from their premises (Fennell, 2006).

Conclusion

This paper has provided an in depth discussion of sex tourism has been established that sex tourism has benefits and disadvantages. The existing laws have demonstrated efficacy, but a lot is desired. The duty of a manager in preventing the crime is highly vital. Different parties need to join efforts to eradicate the crime. There are many beneficiaries who have continued to support the crime. Strong legal mechanisms ought to be developed to instill tourism ethics. Failure to develop and execute legislation on sex tourism is an encouraging and promotind factor for sex tourism. There is one thing that comes out strongly in this paper. Tourism brings about economic opportunities for countries. Therefore, governments seem to concentrate more on these benefits rather than looking into the negativities that come with tourism. However, a number of countries across the world are showing remarkable efforts in enforcing legislation on sex tourism. If they receive sufficient backing from the international community, progress will be seen in numerous regions across the globe.

Reference List

Aronowitz, A. A. (2009). Human trafficking, human misery: The global trade in human beings. Westport, Conn: Praeger.

Barry, K. (1995). The prostitution of sexuality. New York: University Press.

Bloor, M. (1995). The sociology of HIV transmission. London [u.a.: Sage Publ.

Cole, S., & Morgan, N. (2010). Tourism and inequality: Problems and prospects. Wallingford, Oxfordshire: CABI.

Fennell, D. A. (2006). Tourism ethics. Clevedon [u.a.: Channel View Publ.

Flowers, R. B. (2006). Sex crimes: Perpetrators, predators, prostitutes, and victims. Springfield, Ill: Charles C. Thomas.

Fraley, A. (2005). Sex Tourism Legislation Under the PROTECT Act: Does It Really Protect? St. John’s Law Review, 2(79), 445-487.

Gallagher, A. T. (2010). The international law of human trafficking. New York: Cambridge University Press.

Harrison, D. F. (2001). Tourism and the less developed world: Issues and case studies. Wallingford: CABI.

Holmes, R. M., & Holmes, S. T. (2002). Current perspectives on sex crimes. Thousand Oaks, Calif: Sage Publications.

Howie, F. (2003). Managing the tourist destination. London: Thomson.

Kathryn, F. (2005). Sex Trafficking: The Global Market in Women and Children. New York: Worth.

Kempadoo, K. (1999). Sun, sex, and gold: Tourism and sex work in the Caribbean. Lanham: Rowman & Littlefield.

Klain, E. J. (1999). Prostitution of Children and Child-Sex Tourism: An Analysis of Domestic and International Responses. Web.

Koshar, R. (2000). German travel cultures. Oxford: Berg.

Lessig, L., & Lessig, L. (2006). Code: Version 2.0. New York: Basic Books.

Macleod, D. V. L. (2004). Tourism, globalization, and cultural change: An island community perspective. Buffalo: Channel View Publications.

Mak, J. (2004). Tourism and the economy: Understanding the economics of tourism. Honolulu: University of Hawai’i Press.

Malcolm, G. (2002). The Tipping Point: How Little Things Can Make a Big Difference. New York: Back Bay Books.

McCabe, K. A., & Manian, S. (2010). Sex trafficking: A global perspective. Lanham, Md: Lexington Books.

Morgan, R. (1996). Sisterhood is global: The international women’s movement anthology. New York: Feminist Press.

Murphy, S. D. (2002). United States practice in international law. Cambridge, UK: Cambridge University Press.

Oppermann, M. (1998). Sex tourism and prostitution: Aspects of leisure, recreation, and work. New York [u.a.: Cognizant Communication Corp.

Papathanassis, A. (2011). The Long Tail of Tourism: Holiday Niches and their Impact on Mainstream Tourism. Wiesbaden: Betriebswirtschaftlicher Verlag Gable.

Pease, W., Rowe, M., & Cooper, M. (2007). Information and communication technologies in support of the tourism industry. Hershey, PA: Idea Group Pub.

Phil, W. (1999). Illegal Immigration and Commercial Sex: The New Slave Trade. London: Frank Cass Publishers.

Ryan, C. (2002). The tourist experience. London [u.a.: Continuum.

Ryan, C. (2003). Recreational tourism: Demand and impacts. Clevedon ; New York: Channel View Publications.

Sornarajah, M. (2010). The international law on foreign investment. Cambridge: Cambridge University Press.

Swarbrooke, J. (1998). Sustainable tourism management. New York: CABI Pub.

People are under a threat of buying fake products and knowing nothing about what they actually buy.

Fake products sales are illegal.

Fake products purchases are legal.

Violation of trademark rights occurs.

Nowadays, in Dubai, the presence of fake products is evident. The government tries to deal with the cases of violation of trademark rights. At the moment, all sales of fake products are defined as illegal activities, and the sellers could be punished legally. Still, it is legal to buy fake products and use them in everyday life. Therefore, it is necessary for the citizens of Dubai to clarify the difference between “fake” and “real” and make correct choices.

Dubai Customs

It is a government department that promotes the Dubai’s image worldwide.

Copies of brand name products are detected.

93 seizures of fake products worth more than Dh38 million during the first half of 2016.

Dubai Customs is a governmental organization that aims at detecting of violations of intellectual property rights and other rights that could influence the development of the Dubai’s image (Dubai Customs 2016). The number of seizures and the identification of fake products serve as evidence that the company is important for the country (The National Staff 2014).

What Is Intellectual Property

Intellectual property is “the product of the human intellect including creativity concepts, inventions, industrial models, trademarks, songs, literature, symbols, names, brands,… etc.” (Dubai Customs 2015, p. 16).

• Industrial Property:
  • inventions, trademarks, designs, etc.
• Copyright:
  • poems, plays, novels, paintings, etc.

Dubai Customs develops a powerful definition of intellectual property. Besides, it is necessary to underline the fact that intellectual property could be divided into two categories: industrial and copyright. Despite the differences between property types, all of them are united by the idea to protect creations against wrong or inappropriate usage (Bently & Sherman 2014).

Intellectual Property Rights

Intellectual property rights are introduced to innovators, creators, writers, and brand owners to protect their projects and benefit from them in different ways.

Types of IP rights:

• Copyright;
• Patent;
• Trademark.

People could use intellectual property rights to protect their creation and make sure their projects are used according to their requirements and conditions (Norman 2014). In Dubai, intellectual property rights include copyright, patent, and trademark. Each of them has its own peculiarities and effects of thefts.

Current Problems with Fake Products

1. Dubai Customs discovers a number of cases when fake products are delivered to the country with the intent to be sold.
2. People do not understand how harmful the promotion and support of fake production could influence the economy and ethics of the country.
3. The government cannot decide if it is necessary to make the presence of fake products illegal in the country.

The main problem of Dubai’s citizens is the inability to understand a true harm of fake products. Therefore, if fake products’ sales are illegal, it is still legal to buy and use fake products. Dubai Customs has to pay more attention to the explanations of why fake products are harmful and unnecessary in the country.

Solution for Dubai

• Dubai people have to look at the problem and develop their awareness of fake products, their harm, and uselessness.
• People’s awareness should be improved.
• The government should make strong and clear decisions.

The best solution to intellectual property rights violations includes the necessity to raise people’s awareness and explain why fake products should not be supported. The government has to participate in discussions and underline their role and impact on people.

References

Bently, L & Sherman, B 2014, Intellectual property law, Oxford University Press, Oxford.

Dubai Customs 2015, Dubai customs: intellectual property rights department. Web.

Dubai Customs 2016, About Dubai Customs, Government of Dubai. Web.

Norman, HE 2014, Intellectual property law, Oxford University Press, Oxford.

The National Staff 2014, ‘Dubai customs officers seize 1,037 items in six months’, The National. Web.

Buchwald vs. Paramount Pictures Corp case was milestone litigation argued in California Court and decided in the year 1990 (Hartman 100). In the case, Art Buchwald accused Paramount Pictures of illegally using his script idea and turning it into a film in the year 1988 (Boyle 45). Buchwald won the court case and was paid for the damages. Notably, he accepted payment from the company before any plea took place.

Facts

In the year 1982, Buchwald composed a treatment titled A Crude, Crude World. He later forwarded the material to Alain Bernheim, who worked for Paramount. The company adopted the treatment and renamed it, King, for a Day. In the year 1983, the company signed an agreement with the producer about the production of the movie (Leibman 535). In the contract, it was agreed that Bernheim was to be the director of the film. The agreement stated that he was to receive a percentage of the net profit if Buchwald’s idea became a success.

After two years of scriptwriting, the company dropped the project (Gardner 565). When the initiative failed, Buchwald took the treatment to Warner Bros Studios. In the year 1987, Paramount started working on the production of a film that had a similar storyline with Buchwald’s treatment. The movie was Coming to America. The motion picture was accredited to Eddie Murphy. When Warner Bros learned of the development, they terminated Buckland’s plan alluding to the Paramount project. When Paramount’s production was released in the year 1988, Murphy was awarded all royalties. As such, Buchwald was not remunerated or even recognized as the source of the script idea. Following this, Buchwald took legal action against the company for breaching its contract. In the contract, they had agreed that Buchwald was to be paid if his idea was to be made into a movie.

Legal issues

Based on the court proceedings, the court tried to analyze if the contract between Paramount and Buchwald had been breached. The court had to investigate if Coming to America, which had been accredited to Murphy, was based on the accuser’s idea.

Equally, it was not clear how much Buchwald was to be compensated for the damages. In the contract, a net profit formula had been highlighted to illustrate how he was supposed to be paid. However, the company had not made any net profit from the production.

Decisions

In the year 1990, the court delivered a ruling. The law court established that the company had used Buchwald’s treatment in their project (Weinstein 68). In this regard, the court ruled that the contract had been breached. In the second part of the ruling, the court directed the accuser to follow distinct tort litigation against the corporation.

Reason for the decision

The court pointed out that Coming to America’s scriptwriter and director had access to the accuser’s treatment. The court ruled that the contract between the two parties had been breached because Paramount did not recognize or remunerate Buchwald’s after the production of the film.

In the subsequent stage of the trial, the court ruled that although the company had made millions of sales from the movie, it had not earned net profits. In the contract, the accuser was to be paid based on the net profit formula agreed by the two parties (Goldberg 524). The court ruled that the approved payment method was unconscionable. Therefore, the accuser was urged to follow distinct tort litigation against the corporation.

Works Cited

Boyle, Joseph. Special Education Law With Cases. Boston: Allyn and Bacon, 2001. Print.

Gardner, Nard. “Mediation and Its Relevance to Intellectual Property Disputes”. Journal of Intellectual Property Law & Practice 9.7 (2014): 565-574. Print.

Goldberg, Victor. “The Net Profits Puzzle”. Columbia Law Review 97.2 (1997): 524-525. Print.

Hartman, Gary. Landmark Supreme Court Cases. New York: Checkmark Books, 2007. Print.

Leibman, Jordan. “Review Essay: Fatal Subtraction: The Inside Story Of Buchwald V. Paramount. Pierce”. American Business Law Journal 31.3 (1993): 535-552. Print.

Weinstein, Mark. “Profit-Sharing Contracts In Hollywood: Evolution And Analysis”. The Journal of Legal Studies 27.1 (1998): 67-68. Print.

Introduction

People today are living in a world that is advanced technologically, making man very powerful to the extent of doing anything he wants. Man today has the power to manipulate life to his own convenience. He can restrain nature or even make it wilder depending on his desires. In essence, man has given himself the power to the extent that he thinks he can do what God does. He started with human cloning; now it is in vitro fertilization. All these show that man has unlimited capacities, he can do whatever he likes with technology. However, this advancement has generated more debate in terms of legal and ethical issues. In this paper, we will look at the case of frozen embryos and the issues generated about them.

Frozen embryos

As already indicated, freezing embryos is an issue that has generated a lot of discourse on the humanity and morality of the human race. Moral and ethical aspects have come up from this case, some of which are just difficult to comprehend leave alone, deal with. Human embryos conceived in vitro in most cases are usually many to the extent that it is not possible to transfer them all to the mother. This is why the extra embryos are frozen so that they can be used later in case the transfer fails. Embryos are also frozen for the purpose of transferring them into surrogate mothers, who, with the consent of the owner of the embryo, carry the embryo to maturity. Embryos can also be frozen if genetic examination of the cells of the embryos is needed to determine only the high-quality embryos to be transferred and leave out defective or low-quality ones. Researchers can also freeze embryos for the purpose of keeping or storing living cells that are valuable for use in experiments for future advancements in reproductive health (PRN, n.d).

Although man claims that he has advanced technology in relation to the preservation of embryos, studies have shown that there are many risks involved with the survival of the frozen embryos. For instance, during freezing and the thawing that falls, many of the frozen embryos usually die or are subjected to irreparable damage in these processes. These are just consequences that can be felt immediately, however, there are far more adverse consequences. Research has shown that products of frozen embryos have pronounced variations in their behavior and morphological functioning. Despite these disturbing statistics, most laws do not place any limit in terms of numbers, on embryos that should be produced in vitro. This has led to situations where embryos are produced in surplus, then preserved for future use either to be transferred to the genetic or surrogate mother, or for donation and experimentation. For instance, laws in Great Britain allow embryos to be used in research and experimentation. They also allow surplus production of embryos to be stored specifically for scientific research. Germany’s laws differ from laws in other countries in that they try to defend the wellbeing of the embryos. They prohibit the extraction and fertilization of more than three eggs in one instance. It also requires that all fertilized eggs should be transferred to the mother to avoid any surplus of embryos. Under these laws, embryos can only be preserved if a delay in transferring them to the mother is necessary (PRN, n.d).

The issue is, therefore, not necessarily about the production of embryos, but about their fate once produced. This is why many laws that allow the preservation of embryos have a time span provision to avoid ramifications that may arise concerning the existence of frozen embryos. The time usually varies from country to country usually between one to five years. What this means is that many unused embryos are killed every year. These are innocent lives that the law allows to be terminated. Preservation of embryos for long also gives way for unexpected eventualities like death or divorce whereby the owners of the embryos no longer know what to do with the embryos. It is such issues that call for the question of morals and ethics whereby fertilization clinics have been sued in regards to frozen embryos. This is why it is important to understand the laws and the legal issues concerning frozen embryos (PRN, n.d).

The law and legal issues

There are many legal issues that arise from the freezing and storing of embryos for use in the future. Some of these include the time span in which the embryos can be stored, how they are to be disposed of once the storage period elapses, measures to be taken in case of disputes between couples, and the issue of inheritance, whereby questions are raised as to whether an embryo is entitled to a deceased person’s inheritance. As already mentioned, there is little in terms of legislation concerning frozen embryos, therefore to understand the laws and legal issues on this subject will need an evaluation of the various cases that have been dealt with in this area, specifically dealing with the issue of disposing of frozen embryos. When confronted with the question of disposition, courts are usually in a dilemma because embryos have no legal status under the law. In cases that have been presented before the courts, the law applied has always been based on the facts and circumstances of the parties involved and on the views of presiding judges. This has often resulted in inconsistencies in the way embryos are characterized. However, three divergent characterizations stand out (Kerridge et al., 2005).

Some courts regard frozen embryos as human beings deserving all the legal rights granted to humans because they are alive biologically and carry with them the inherent potential to be human. Such a position was held in the Supreme Court ruling in the case of Roe v. Wade. In this case, the court ruled that embryos were intentionally created to bring forth life and therefore, no right of reproduction had been violated. Other court rulings considered frozen embryos as property. They base this on the argument that frozen embryos are just like any other human tissue when legally regarded as property. Under the property law, the owners of embryos are considered to have full authority over the embryos and can therefore do whatever they please with them. There is a third position that is taken by courts in an effort to reconcile the first controversial positions. In this stance, courts have argued that embryos carry a special status and therefore should be given special respect. They do not see them as humans, but as something greater than just property (Kerridge et al., 2005).

All these positions have been held in various court cases concerning frozen embryos. The most prominent case was that of Davis v. Davis in Tennessee where Davis the husband wanted the courts to declare that the frozen embryos were a party of their marital property held jointly in an effort to prevent the wife from undergoing embryo implant without his consent. The circuit court granted the wife custody of the embryos citing the fact that it had to consider the best interest of the unborn child whose continued survival would be assured if with the mother. Davies appealed whereby the court of appeal reversed the circuit court’s ruling and held that the embryos were marital property held jointly and therefore, allowing the wife to have their possession would violate public policy (Kerridge et al., 2005).

In this case, the court of appeal rejected to regard frozen embryos as property and accorded them special respect because they have the potential to be human. It meant that such a case can only ne solved after balancing the rights of the parties involved as granted by law. Use of contracts has been seen by many as the solution to such eventualities. However, no statute in all the states has validated such agreements. Judgments can be made based on contract law as provided under the common law. But even the common law does not adequately address the disputes that emerge concerning frozen embryos especially their disposition. It is therefore, paramount that laws are enacted to address the legal uncertainty that surround frozen embryos (Kerridge et al., 2005).

Ethical issues

An embryo is part of the human generation and therefore, deserves an unconditional respect because of its inherent capacity of being human. This is an argument that many opponents of freezing embryo put forward. It is argued that freezing embryos is a practice that simply refuses to accept that an embryo is a human being. Many have asserted that the authentic humanity carried by embryos should be acknowledged by everyone despite that fact that they have not fully unfolded their personality. They therefore see no justification whatsoever for the production of excess embryos and the subsequent freezing for future use. Those for the preservation of embryos argue that freezing saves embryos from destruction. However, opponents argue that it will only be seen that way if the saving guarantees that all the embryos will end in maturity and final birth. But this is not usually the case as many of the frozen embryos end up being destroyed. Although it is argued that freezing is totally harmless and that the death of embryos is associated with technological imperfections, it still does not justify excessive production and freezing of embryos (Faggioni, 2000).

Much legislation require that experimental techniques are first tested on animals before being carried out on humans, it is therefore ethically wrong to produce many embryo of which, you do not know the best way of storing them. The preservation procedure therefore, violates the integrity and survival of the embryo. An embryo is a human creature that should be left to develop on its own. Freezing denies them this God given property. Opponents still argue that using unnatural means to conceive embryos and preserving them in unnatural conditions does not make them less human. But this still posse an ethical dilemma as to what should be done to the already produced embryos. How else can they be saved? In such a case, those involved have the obligation to transfer the embryos to a mother immediately as possible. If this is not possible, then the embryos can be frozen with the sole intention of transferring them into a mother as soon as possible (Faggioni, 2000).

Catholic morality rejects the freezing of embryos completely because they are human, hence they deserve dignity. However, others believe in an ethical minimum when it comes to protecting human life. They believe that a husband can not prevent a wife to receive an embryo that is already conceived, arguing that no one has the right to deny a life that has already began from existing and developing. The embryo being human does not get its right of existing from agreements made between its parents, nor by being recognized by law, but simply because it is human. Even if the meaning of procreation, sexual union and conception are distorted in the production embryos, it is ethical wrong to store them in a state of limbo unsure of when they will be brought back to life (Faggioni, 2000).

The interesting thing about this area of law

As already shown, there are no legislations that clearly guide the fate of frozen embryos. As such, court cases have been determined on situations, circumstances and personal opinions of both the parties and the presiding judges. We can therefore; say the case of frozen embryos is more or less guided by natural law, which calls on humans to rationally participate in eternal law. Under this law, man is a master of his actions whereby he is supposed to do good and avoid evil. But the problem comes in when judging between good and evil. Perhaps after looking at the circumstances, the act may be justified. A couple in capable of having kids may be justified to look for frozen embryos with the hope of raising a kid of their own. The intention is good, however, if acquiring an embryos endangers the life of other embryos, then it ceases from being a moral act.

When freezing embryos, humans usually have the intention of either using them later for research, donation or future implants to have kids, this is aimed at improving the well being of others in the society as natural dictates. However, in their effort to do good and avoid evil, human life may be destroyed through the destruction of embryos, this is evil. But the intention is to improve the lives of others in the society. This is what makes this part of the law interesting. Judges are torn between what is good and what is evil. Using an embryo for the good of the society may be justified, but killing a life is evil. This is why it is difficult not just to rule on such cases, but also to come with legislations to guide the use of frozen embryos (Simon, 2008).

Conclusion

We have seen that the case of frozen embryos has generated heated debate all over the world. There are no clear laws governing frozen embryos. Decisions made therefore, are based on a range of opinions. There are those who argue that embryos are human, others argue that embryos are just like property, still others think that embryos are neither human nor property, but entities that deserve special respect. The use of frozen embryos has also sparked ethical issues especially from theologians who think that is morally wrong to kill freeze embryos, which they see as humans. It is therefore, difficult to come up with legislations, that is why there are no write or wrong answers concerning the issue of frozen embryos, what exist are just moral judgments.

References

Faggioni, M. P. (2000). The question of frozen embryos.

Kerridge et al. (2005). Ethics and law for the health professions. New York, NY: Federation Press.

PRN. (n.d.). The Fate of Thousands of Abandoned Frozen Embryos.

Simon, M. L. (2008). Should Unclaimed Frozen Embryos be Destroyed or Used for Stem Cell Research? Web.

Although nurses are supposed to provide patients with high-quality care, they sometimes do not succeed in it. Unfortunately, situations similar to what occurred with the 88-year-old patient are quite common: failure to assess, monitor, and document are reportedly among the most frequent complaints (“Failure to Follow Standards” par. 6). In this context, legal issues are of great significance. It is vital to understand who is to bear the blame and identify negligence as the problem of paramount importance.

First and foremost, the term “negligence” refers to the failure to exercise the standard of care that a reasonably prudent person would exercise in the same or similar circumstances (Grant and Ballard 30). In other words, it is the improper conduct that is likely to result in negative consequences. One may single out several characteristics:

• Harm was done to a person;
• The negligent individual was responsible for the person harmed (Ellis and Hartley 280);
• The negligent individual did not perform their functions: it is considered to be a breach of duty. Two forms are possible: wrong actions and nonfulfillment of one’s duties;
• Damage caused to a person is the direct result of the breach of duty.

There is another term that pertains to the dereliction: malpractice. It is more specific. In this case, negligence is committed by a person in a professional capacity, for instance, physicians and nurses (Burkhardt and Nathaniel 198). Just as in any sphere, there are certain standards in nursing; if a professional fails to follow them and a breach of duty causes harm, it is malpractice. As for the legal implication, a person found guilty is considered legally liable for the fallout: usually, this person is to pay for damages to a party affected (Ellis and Hartley 283). For example, the costs of treatment may be covered.

In the scenario discussed, all features of negligence, in particular, malpractice, are present. An elderly person was admitted to the unit in the evening shift; on that stage, the appropriate admission assessment was one of the key responsibilities. Regardless of the time, nurses had to fill in the form. If the charge nurse did not complete the admission assessment, the assigned RN should do it; one way or another, the assessment is to be done to bring to light possible risks and understand how the patient should be treated (“Violation” par. 5). However, the first professional could not complete the task on schedule since there were several interruptions and asked the midnight nurse to do it, and they agreed. The next day the patient suffered a right hip fracture: harm was the consequence of the breach of duty. It turned out that the patient had previously had numerous fall accidents, but this risk was not completed. The midnight nurse was in charge and failed to perform their professional duties. The absence of proper actions led to the deterioration of the patient’s condition. As a result, these actions are negligence.

Is the midnight nurse the only person to be responsible?

The nurse was responsible for the patient, but it does not exonerate the first specialist from responsibility. They are also liable in addition to the nurse, but not instead of them (Ellis and Hartley 283).

How negligent specialists should be punished?

The most difficult cases involve criminal sanctions (Mason par. 1). Still, disciplinary punishment and reparation of damages seem more suitable.

What method of resolution is preferable?

Probably problem-solving approach will be the best since all participants need to work towards common goals (Ellis and Hartley 547). It will help respect the interests of all persons involved.

Works Cited

Burkhardt, Margaret A., and Alvita Nathaniel. Ethics and Issues in Contemporary Nursing. Stamford: Cengage Learning, 2013. Print.

Ellis, Janice Rider, and Celia Love Hartley. Nursing in Today’s World: Trends, Issues and Management. New York: Williams & Wilkins, 2012. Print.

“Failure to Follow Standards, Properly Treat Patients Top Nursing Negligence Claims.” Luvera Law Firm, 2014. Web.

Grant, Paula DiMeo, and J. D. Diana Ballard. Fast Facts about Nursing and the Law: Law for Nurses in a Nutshell. New York: Springer Publishing Company, 2013. Print.

Mason, Rowena. “Doctors, Nurses and Managers to Face Five Years in Jail if they Neglect Patients.”The Guardian, 2013. Web.

“Violation: Nursing Care Plan.” The Association of Health Care Journalists, n.d. Web.

Crude is a professionally filmed documentary that arouses the utmost desire for justice in terms of legal issues and humanity as it is. No wonder people are getting so cruel nowadays, since even such a burning issue – earth and water contamination with petroleum – is being suppressed in media. Of course, there exist several opinions on what has actually happened since the indigenous tribes were forced to move to other places and build up new homes. However, my answer is yes – the events described in the film constitute a state/state-corporate crime.

This documentary clearly depicts Texaco’s actions that started their harmful impact on Ecuador’s Amazon rainforest in the 1960s. The need for remediation of thousands of miles is evident due to the nice work of the director of the movie. Undoubtedly, the movie makes us think about the planet we live on. It is of vital importance to realize that Earth needs sustaining because we are not the only ones who live on it. Moreover, there will be our children and grandchildren who may be paying off the contemporary mistakes and the consequences might be truly inauspicious. This is what the movie is about – a strong appeal to the nations of different parts of the world to think in advance about any consequences. Moreover, the documentary teaches that one should answer for the committed.

The most arrogant attitude towards the problem is the attitude of responsible officials, who denied their complicity in a crime against humanity. It is necessary to talk about the tribes living in those lands of petroleum accidents. Having their own heritage of unique culture, traditions, language and precious knowledge they are forced to change their location because of the contamination of the lands that subsequently leads to the health problems of future generations.

As such, the class-action suit against Texaco was filed being a failure deliberately, though the fights for human rights are still being argued by the lawyers and human rights activists. Whether it is efficient or not, another case has to be mentioned here. A case of fire in Hamlet constitutes a state-corporate crime due to mere neglect of basic safety requirements. Therefore, in order to define if the case described in Crude relates to the Hamlet fire, let me say that the petroleum output profit directly depends on the uninterrupted and continuous works. Hence, it is quite possible that the safety measures might be violated in order to get higher profits at a separately taken private company.

Since such cases like Hamlet fire and the petroleum contamination are huge and deserve professional attention, the two lawyers were drawn to the problem in Ecuador Amazon. The documentary shows their effective cooperation that leads to involving another concerned person in this affair – the rainforest activist Styler and her husband. This makes a good team of people who really care for the problem and are ready to do the utmost in order to save the homelands of many people from disaster or at least seek fairness.

This draws much public attention, though it is not enough to make guilty ones – one of the biggest corporations in the world – pay off. This is the main leitmotif of the documentary that the filmmaker Berlinger describes vividly. We can explicitly see how the fights for justice unroll, though the scenes somewhat wobble it only ensures the situation’s intractability.

While the outrageous issues are taking place in the rainforests of Amazon, the responsible company claims someone other to be blamed. This is supported by terrible picture shots of little kids having a tumor that definitely makes even the roughest heart and soul sympathize. The question is: do the officials have that sympathetic attitude towards the problem; and whether that sympathy is enough to admit the fault. This is probably the main controversial issue I have unearthed during watching the movie. Unfortunately, I have to admit that nowadays people fear accepting the fault, moreover, the money matters prevail over the human values.

The main idea I would like to express in terms of understanding the movie’s message is that the companies should avoid the issue of cutting costs and maximizing profits just like it happened at the crash of ValuJet Flight 592. This and other cases involving private companies that harm the environment and people’s lives have to be strictly punished no matter what. Of course, nowadays the law is extremely flexible, to my opinion, in order to follow the interests of victims, though we can still stand up and fight for justice to triumph over inequity.

Also, I have to admit that the modern world economy presupposes acting to its benefit disregarding the consequences that may occur. However, once more, we are responsible for health diseases that invaded our lives for the past hundred years. The responsibility for our own health lies on us. Besides, when watching such a movie as Crude one thinks subconsciously about people’s inadequacy, Why would anyone deny participation if the problem gains such seriousness as race extinction?

The movie is great evidence of how the trial was actually held. With enormous efforts, the lawyers manage to move the case from the US to Ecuador where finally the process starts its powerful history. The movie scenes describe how the trial didn’t remain in the actual courtroom. The evidence is seen right at the places of contamination with gathered onlookers.

Though the director is trying to stay unbiased it is not hard to understand whose side he is on. It is also evident that the entire movie has been released in order to move the case forward, not to mention the purpose of showing the actual horror aftermath of the oil poisoning.

Needless to say, people get terrified when seeing some scenes from the movie along with the peremptory tone of the officials trying to shift the blame onto other companies. It is hard not t sympathize with people undergoing such changes in their native nature, though the movie examines the situation from multiple opinions. The documentary combines legal actions thriller and the natural crisis, which people will have to experience for many years after. But what makes it so compelling is that the director does not state a firm opinion. The viewer has to make their own conclusion up to the point. Neither Berlinger represents an open message nor he forces you to think the way he does. All you have to do after watching this film is to stick to one objective opinion. Therefore, my opinion is that Chevron’s fault is evident and the case of state crime takes place.

Higher learning institutions for example, have quite a number of legal issues that encompasses their daily living styles while in pursuit of providing education in the best way they could. They try to serve huge numbers or students who are not documented and are immigrants. This is especially faced in the United States where every year, Urban Institute approximates about sixty five thousand students are without proper immigration documents in U.S secondary schools putting to account they have lived in states for years with the parents but face special barriers to access higher education. An association in America concerned with universities & colleges tried to debate on issue of undocumented aliens in 2003.

The association doesn’t condone disregarding immigration laws and want laws in place currently discouraging status of residents status to qualified students who are aliens who stay there in nation full of immigrants ignoring important new economy human capital source.

These immigrants’ students who are not properly documented have limited prospects in completing their education as they are viewed as displaced thus not legible for aid of federal finance and tuition which is in-state and are as well not qualified to legally work in States. Many States are thus in the process of registering these students who are not properly documented and have schooled in the high schools qualified for tuition which is in-state while other states like Virginia fail to admit immigrant students who are not documented in their universities.

Legislation by the federal government which was aimed at addressing the prohibition of undocumented immigrants to access university education was introduced. Minors act for aliens was introduced which could provide for a way to apply for legal residency for immigrants who are long-term residents. This act introduced by a Senator called Orrin Hatch overturned the federal law interfering with the right of a state in determining tuition which is in-state (Yates, 2004).

The congress in 1996 clarified undocumented students status in context of higher education stating that alien students unlawfully present in State is ineligible basing on their residence for education benefit of postsecondary unless is a citizen, else national of U.S. has eligibility for the benefit disregarding the resident has citizenship or is a national. Federal government never has issued specific regulations on enforcement and interpretation of the provision this is due to federal level inadequate clarity as the interpretation and interpretation of the law is taken differently in States. Texas was the first to give college tuition which is in-state and aid financially to immigrant students not considering the legal status they have.

Texas graduates in high school who have stayed for 3 years there qualify for tuition which is in-state as stated by the law though these students are made to have the affidavit signed as a promise for application of legal documents as an immigrant.

Other eight states have as well have had the same policy implemented. Mississippi and Alaska have also passed regulations which prohibit universities & colleges from giving tuition to unregistered students. It’s now an individual university & college to make a decision on the matter. In California, Asians-Americans have their numbers reduced in the university campus and are charging the institution for their reduced enrollment. This is discriminative and is unfair to these immigrants. They feel left out and the only remedy is to treat everyone equally (Yates, 2004).

Teachers are very crucial in education matters in the society. They play a role of ensuring students work under encouraging safe and highly positive environments and their failure in delivering this is negligence and they could be sued. It’s the right of students to education and teachers are supposed to be aware of every situation in the class.teachers could be described as judges in a supreme court. Teachers have legal and moral rights.As professionals they should provide an atmosphere conducive for learning and should suspend chaotic students.

A teacher should administer trust in relating to the students and is responsible for giving quality education and care to students according to Ethics code by NLTA. For instance, a case in 1968, in Govan school, teachers were charged with a role of supervision to students e.g. in cases where they are dealing with risky work there should be abundant demonstration instruction and supervision done by qualified instructor.

According to law, any abuse suspicions should be reported as per the act of Family & youth services mandate stating that any individual with information making them to believe needs protection should report to peace officer, director or a social worker thus in this act, a teacher is protected unless a malicious report was done. John Fischer asserted that, “the fundamental aim of ensuring that all the children had an equal chance and opportunity not to make them equal but to make them different”. This helps improve their potential and should be encouraged. Teachers should not be answerable to student’s negligence and the amending of laws should be done (McKay, 1968).

School board is responsible legally for pupil safety during normal schooling hours and authorized activities while off school. If students are allowed to leave late, a legal responsibility is for the board. Students should be made aware of their rights and should be made to follow rules though negligence of students may lead to the board paying for the loss which is a vicarious liability.An education malpractice can lead to the board being sued. In United States and Canada appellate courts, these claims are usually not successful as it weighs out negligence and educational malpractice and considers the options leading to a child’s failure in education like nutrition, language barriers and home environment.

Expulsion or suspension of the student done by principal should be made known to the board which now determines the period not exceeding twenty days. This may be done due to the harmful or injurious nature of the student to others. A hearing should be done by board to decide whether to readmit the student. Corporal punishment has been abolished by boards but education act has not prohibited it. Buildings should be repaired, suitable furniture and proper sanitation and other gadgets and any injury caused by inappropriate equipment is liable to the board though several aspects are accounted for including the duty, causation, breech of duty, and damages.

The principal holds equal responsibilities like a teacher according to education act of Ontario. These roles are maintaining discipline and order in school, ensuring health attention to pupils, refusal to admit a pupil who would bring detrimental effect to others, and reporting any bending of rules by student to legal guardian or parent. He should as well manage attendance issues, records security. Corporal punishment ensures law and order is maintained in school and therefore the board should ensure its implementation but with limits. The rest of the board roles should continue to be practiced (McKay, 1968).

Contract terms are very crucial especially in public schools other than public ones. Employee & employer relationship is determined especially by restrictions in constitution and in provisions in statutory acts in legislation though in private institutions, these don’t apply thus terms of contract are rather crucial. Private schools are more flexible in employment.Third party contracts in schools ensure they retain liability protection. If the employers wish to resign, law of constructive discharge where after resignation, the employer claims that it was involuntary due to intolerable working conditions and illegal conduct on employer. The employer should work under an environment that is motivating and proper equipments put in place, otherwise, resignation should be done (Walsh, Kemerer & Maniotis, 1982)

A Pennsylvania case involved a student who created website at home in his computer criticizing algebra teacher and some administrators in school. Apart from verbal remarks, several heads which dripped blood, teachers face mounted in that of Adolph Hitler & money solicitation to hire hit man to murder the teacher. This information spread at school and the involved teacher took a medical leave as was too upset.

The court in Pennsylvania said the conduct was substantial and disruptive materially of others rights thus student expulsion was upheld. I feel that according to this case, this student was emotionally disturbed and the court should have considered the scenario leading to his character. The involved parties may have harassed the student to a point of feeling this great wrath to them. The court therefore should set a hearing of the same case (Walsh, Kemerer & Maniotis, 1982)

Reference

Jim, W., Frank, K. and Laurie, M. (1982), The educators guide to Texas school of law (6th Ed). USA: University of Texas press.

McKay, et al (1968). The Legal Context of Education, Board of Govan School: Unit No. 29.

Tony, Y. et al (2004). “Forecasting with Measurement Errors in Dynamic Models,” Working Papers 521, Queen Mary, University of London, Department economics.

Introduction

Students have a variety of rights to be enjoyed while they are in the learning institution. However, these rights have been comprised and students have to fight for them. In Canada, there are certain claims that students should fully enjoy their rights although this is yet to be incorporated into law. People argue that, they are specific rights that these students are entitled to but this is seen as mere words because they have not been institutionalized. By comparing Canada with the United States, we find that, in the last two or three decades, these countries have been fighting for students rights but Canada lags behind in their implementation.

There are many claims of students’ rights being implemented in Canada which seems suspicious because they have not been supported by law and are just founded on imaginary rights. Students have been denied their freedom of speech, freedom of assembly, the right to study in subjects of their choice, and the right to take part in structuring school guidelines. A claimed right can not be compared to a right that has received regal recognition (Magsino, 2010). In Canada, it is obvious that students do not enjoy their rights because their have not been recognized by the law nor made sanction. This paper will give an in-depth analysis of some of the rights that Canadian students have been denied but which they are entitled to. Its clear that students’ rights have not been recognized and any endeavor to validate them have been perplexed. Further, I emphasize on the discrimination faced by the first nation children in the education system.

Canadian education system

In Canada, the education system is quite different from that practiced in other nation. In some cases it may even differ from one province to another. When one is planning to transfer his/her children to Canadian schools, he must be prepared to adopt the education system. Because obviously it is deemed to affect the children’s learning. An academic year goes from September to June. School policies are made at the provincial level while funding and supervision takes place at the central level, territorial level, and national level. Education is normally administered in both French and English in order to give all children equal chances of learning. From the provincial level, schools are estranged into districts and then into school boards. It is in the school boards that local policies are made that must be in line with the curriculum from the provincial level (Anon. “The Canadian education system: an overview” 2010).

In Canada, there are ten provinces which are responsible for organizing as well as supervising education at the primary, secondary, and vocational levels because there is no central department in the education system. Unlike other nations were learning is monitored at the federal government, in Canada, all the responsibility of supervising learning as well as assessing students’ and teachers’ performance takes place in the provincial level. The provincial education system can be compared to the territorial system although they differ in their assessment, curriculum, and education policies.

Education starts at the kindergarten which takes in children as young as five years. From the kindergarten, children proceeds to the elementary school at the age of 6 to 12 years then move to the junior high school. Normally, elementary school includes six grades although it can be extended to eight grades. Junior high school acts as a transition stage where children move from the elementary school to the high school. After successful completion of the high school, students proceeds to the university or vocational schools (Townsend, 2010).

Although the central government has a legitimate role in promoting learning, it is the responsibility of the provinces and territorial government to ensure that learning goes on smoothly in their respective provinces. Foreign students who want to study in Canada can do so through the central department that deals with immigration issues as well as citizenships (Anon. “The Canadian education system: an overview” 2010). Foreign students are allowed to study at any level and in any subject although they have to comply with the entire requirements for them to be admitted. Information about eligibility is available on the web site organized by the Association of universities of Canada.

Overview of students’ rights

All students, not only in Canada, have a right to education. This right has been supported by many nations which have gone to the extent of providing free and compulsory primary education. Many children, who would not have made it in education due to lack of finances have benefited from these programs. Not to mention, many students form Africa especially sub-Saharan Africa are the ones who have benefited most because now they can be able to attend to leaning institution, a facility that they could not afford. In Canada, all students are assured of equal chances to education unlike before. For instance, pregnant students were not allowed to go to school but this has changed and they can now attend learning institutions of their choice (Canadian Education Association, 2010). The government has gone further to provide special schools for the physically disabled students for example, the deaf, blind and crippled. They are no longer denied their rights to education like before and they can even sue the government if they are not attended to. Religion has also been recognized and students are allowed to wear their religious symbols. However, this does not mean that, students can behave anyhow.

The administration has put strong disciplinary measures which legally punish any student who goes against the school rules. Punishable behaviors include resistance to authority, use of abusive language, or any kind of behavior that the administration may consider a violation of the schools norms (Anon. “Marketing to teens: A captive Audience? Students rights, students activism” 2000). Some serious punishment include suspension and expulsion, although, many school jurisdictions have granted students the right to sue their teachers if they feel that the punishment is far beyond the offence committed. In such cases, teachers are required by law to provide enough reasons for their actions. However, this is just a voluntary process allowed by the school jurisdiction.

Right to be involved in policy-making process

Students are still regarded as minors and are not allowed to exercise all their rights as adults do. For many years, students (especially those in public schools) have not been allowed to take part in the policy making decisions. However, many critics argue that, students should be involved in policy making because they are the ones who are directly affected by these policies. Denying them the right to contribute is the same as violating their rights. These critics argue that, it is in the school environment that the students get exposed to political awareness hence; they should be incorporated in making the school decisions. Through this they learn how schools operate and this might help them in future.

To respond to this plea, some schools in Canada have developed school advisory councils that include students’ leaders. For a long time, students have been demanding for their rights, for instance, the right to form student associations, and student political involvement although this has not been defined clearly nor is it understandable. By giving students the right to form students association, they are able to cultivate their leadership skills which might be of use in their future careers.

Right to free speech and expression

In the 1960s, students’ rights in both Canada and the United States were considerably extended as a result of protestation of students’ movement in both high schools and universities for their right of assembly, speech, and movement. High school students gained some limited rights regarding smoking and their personal manifestation. Students in many schools were allowed to form organizations where they could invite external speakers, and express their views and concerns. Even with this right, principles still follow the students and they can not form any assembly without being supervised.

In 2000, students from Meadowvale secondary school formed a small organization for protesting for their rights, to be precise, the right of expression, and the right to air their views regarding the education policy. However, their initiatives were not welcomed by the administration but resulted into conflicts. They continue to suffer in silence since they have been banned from forming any movements. Something needs to be done to the Canadian education system because it is going far beyond the expectation. With the freedom of speech, children can not be able to grow and all they will gain is theoretical knowledge. The education system has gone to the extent of forcing the students to take certain subject even if they are not relevant to their careers. This is nit only a violation of the student’s right to choice, but also a destruction of their careers.

Rights of the native people

The theme for the 10^th anniversary of Universal Declaration of Human Rights was “Dignity and justice for all”. UDHR is an international body that ensures that all people, irrespective of their race or ethnicity, enjoy their human rights. According to UDHR, human rights belong to everyone and should be enjoyed by all. During the ceremony it was noted that Canada denies its indigenous people some of their rights which is a violation of the core values of UDHR. The national chief of the congregation, Phil Fontaine, observed that, it was perplexing for a developed nation like Canada to oppress the indigenous people. Canada’s hostility against the rights of its native people was quite obvious during the assembly especially when the government refused to put its signature on the motion passed by UDHR in April (Pugliese, 2008). Children rights in Canada were compromised and the government had refused to look after their welfare and education.

Canada’s first nation children are not given the same rights are those in provincial schools. It was noted that the first nation children received $2,000 less annual funding than the other children. They also received 22% less financial support than the local agencies. This was noted by the national chief who described the funding program as discriminative since the government had failed to meet the needs and requirement of the first nation children. This was not only a violation of UDHR core values and principle, but also an example of the inefficiency that was evident in Canadians’ education system. The discrimination of these students extends even in their learning institutions were they are not given equal recognition as the local students. They are forced to take certain subjects which do not help them in their careers. Their have been denied the freedom of choice and seldom do they have a choice when it comes to dress codes, and appearance among other things. This is seen as a contradiction of the Canada government position which states that, Canadian human rights apply to all children (Pugliese, 2008). Other schools need to be set up and others repaired to provide enough learning environment for all children

The discrimination of the first nation children is just an example of the oppression that goes on in secondary schools and universities in Canada. Students have been fighting for their rights of expression but this has fallen into deaf ears. There are many claims that students have not been denied their rights although this seems more theoretical than what happens in practice. Students can not even hold meetings or form groups. All they are supposed to do is to comply with the school policies and its violation attracts serious punishments. There is an intensifying gap in the quality of education given to the first nation children in comparison to the Canadians. Canada is a nation where we would expect all people to be treated equally in all spheres of life although that is not the situation (Magsino, 2010).

Conclusion

In conclusion I would say that, everyone has the right to education. The right to education does not mean going to a learning institution but it means being able to enjoy all the rights available in learning institution. Canada has a very controversial education system that differs from other nations’. The education system is supervised in the provincial levels other than the federal level. The provincial level is separated into districts and then schools boards which make local policies. Other policies are made in the provincial level. For a long time, students in Canada have not being enjoying equal rights as those enjoyed by students in other nations (such as the United States). They have been denied the right to free speech and expression and can not even form students associations. In some provinces, students can not even choose the subject they want to specialize. They have to comply with the school’s policies and failure to do so attracts some punishments.

Some critics argue that, students should be involved in the policy making process. This is not the case in Canada where students are not allowed to contribute in making the schools policies. The education system should realize that, schools form the basis where students get their first awareness to political matters and thus they should be involved in the schools operations. Some provinces have responded to this and they now involve some members from the students’ body to take part in developing the school policies.

Reference list

Anon. (2000). Marketing to teens: A captive Audience? Students rights, students activism. Web.

Anon. (2010). The Canadian education system: an overview. Web.

Canadian Education Association (2010). Frequently asked questions about education in Canada. Web.

Magsino, R. F. (2010) Student rights in Canada: Nonsense upon stilts? Memorial university of Newfoundland. Web.

Pugliese K. (2008). Canada’s opposition to the human rights of indigenous people at UN conference on climate change is shameful says AFN National chief. Web.

Townsend, R. G. (2010). Students’ rights: Basic right to education. The Canadian encyclopedia. Web.

Introduction

In every organization, strategic staffing process is vital as it helps an organization in identifying and addressing the staffing implications of their respective business strategies and plans. Over the past decade, the issue of promotion barriers in the workplace has been a critical one. Although considerable effort has been put to promote equality in the workplace, gender inequalities remains a major issue in many organizations.

In strategic staffing, breaking the glass ceiling has been the main concern in human resource management. Although many organizations have been promoting equity in their practices, there still remain obstacles for some groups of employees to occupy upper posts in an organization.

As a result, many qualities and performing employees have been denied upper positions despite of the fact that they have the necessary qualifications for such positions. This has also denied organizations the chance to benefit from the expertise of such individuals. Employees’ productivity has also decreased as a result of lack of motivation.

Problem Statement

Over the recent past, there have been a growing number of women entering into the workforce occupying various positions. For instance, a significant number of women have entered into careers in professions where they occupy various positions.

Despite the fact that the ratio of the women I workforce is becoming increasingly big, the issue of gender inequality remains a problem that requires an urgent solution. It is important to mark that unsettled, the given issue poses a great threat to the women employment, because women will be discouraged, which may affect their performance in their duties.

Employees’ motivation plays a significant role in determining the productivity levels. By practicing gender discrimination in the work place, women employees will be discouraged and consequently perform poorly in their responsibilities.

This has threatened the performance of many organizations both in the long and short run. It is also important to mention that discrimination in the workplace is also often based on racial differences. For instance, a white supervisor may discriminate against the black people, basing his/her judgments on the widespread stereotype concerning the black workers’ performance.

Both kinds of discrimination have posed a major threat in the modern business and management sphere. The practice has denied employees a chance to advance in career, which results in the stagnation of their skills.

Gender Discrimination in Job Promotion

As already noted, the issue of gender equality has been one of the major concerns in many organizations despite the increasing number of female employees joining the work force. A number of people have carried out studies on this issue.

Over the past years, women have been facing a number of barriers which have blocked them from rising in certain levels in various organizations (David, 1998). Although some women have managed to break the glass barriers, they have not managed to access more senior positions in their respective corporations.

The majority of women have made all the efforts in an effort to achieve their goals only to find a glass wall preventing them from reaching their goals (Gluck, 2011). The presence of the invisible yet quite tangible obstacle has significantly affected the women’s performance.

According to the resent research, most women lose their morale after failing to realize their dream. In other words, women are kept from advancing to higher positions just because they belong to a different gender, which is, no doubt, the most outrageous.

The barriers depicted above may exist at different levels in an organization. For instance, it may be a general manager level. In many organizations, there is no woman in a senior management position. However, more women are now determined to break the glass ceiling in the contemporary world.

However, it is important to keep in mind that they will obviously encounter recurrent barriers even after overcoming the prejudice concerning women in the workplace and the most widespread kinds of discrimination in the workplace.

The major obstacle concerns the fact that women have been continuously facing is the barriers of stereotype and traditions that are based on prejudice, which, in its turn, has diminished women’s ability to occupy top positions in an organization.

In many organizations, supervisors have applied the existing notions about the abilities and roles of women to the process of making promotion decisions (Gluck, 2011), which has significantly undermined women’s efforts to advance their career. For instance, a male supervisor may discharge a qualified and experienced female fire fighter employee under the pretext that men perform better in such positions.

According to Bradstreet (2005), gender inequality is a critical issue in every organization because it negatively affects the company growth, economic prosperity, business development and recruitment processes. The gender issue has adversely affected the performance of a number of workers in many organizations.

Due to gender discrimination in the workplace, a considerable amount of organizations have missed the opportunity to utilize the talents of many women employees for the company’s benefit, which has to some extent undermined the performance of organizations.

It is worth mentioning, though, that in some places, women have control over a significant amount of wealth. For instance, 43 percent of Americans earning income above $500,000 are women (Bradstreet, 2005). It is necessary to add that women also have a significant role in making purchasing decisions.

Therefore, denying women a chance to advance in their career poses a major threat to the economic performance of an organization.

Still, there is no doubt that the issue of women discrimination in the workplace remains a problem that demands urgent solution. Unlike the other problems that arise in the company, it involves both the aspect of human rights and the company’s ethics, which means that the issue is rather complex.

According to the most recent researches, discrimination against women in the workplace can take various shapes and have the most versatile consequences, yet in every single case, certain measures could have been undertaken to prevent the humiliating situation from occurring.

It is essential to ark, though, that discrimination at work can take different shapes, changing from the most subtle forms to the most severe cases of hardened prejudice. As Dipboye & Colella (2005) explains, there are cases of subtle and covert sexism which are to be differentiated:

Subtle seism is less obvious than blatant sexual discrimination because most individuals have internalized it as “normal” or “acceptable” behavior, which can be seen as well meaning, unintentional, and nonmalicious. Covert sexism, in contrast, is purposeful and often maliciously motivated as well as hidden (168).

Hence, it can be assumed that sexism takes place in the course of the relationships between men and women in their workplace quite often, which poses considerable threat to women’s position at work and their careers. In addition, the issue concerns the infringement of women’s rights, which means that the problem touches upon not only social, but also economical, financial and even legal aspects of work.

Though one might argue that gender discrimination affects not only the women’s career, but also have negative effect on men’s promotion and work efficiency, one can still claim that in most cases, the victims of discrimination at work are women. According to the research conducted by Williams (2010), women suffer from unfair and unlawful treatment in most cases:

The other two cases were filed by both men and women. About half (25 of 44, or 56.8%) of these cases allege sex discrimination. Of these 25 sex discrimination cases, women filed 21, men filed 1, and one case was filed by women and men jointly.

Notably, success rate for men and women are comparable. Only 14 of the total 44 cases (32%) in this category saw plaintiff success, whereas 8 of 25 (23%) discrimination cases were successful; 7 of 21 (33,3%) female plaintiffs and 1 of 3 (3,3%) male plaintiffs were successful. (p. 141)

Hence, it cannot be denied that women suffer from workplace discrimination to a considerably larger extent than men, and that there must be something done to prevent the discrimination from happening. Changing certain company rules and strategies, one can achieve certain success.

However, at present the situation concerning women discrimination in the workplace seems rather deplorable. Advocating women’s rights, one can improve the existing state of affairs.

Causes of Gender Discrimination in the Work Place

One of the most despicable and yet topical issues of the modern business world, gender discrimination has certain grounds to base on. Therefore, it is essential to consider the fundament of the phenomenon to provide the necessary means for the problem solution.

Speaking of the origins of discrimination in the workplace and the tradition to consider women’s efforts less significant than those made by men, one must mention a number of factors that contributed to the current situation. When observing each of the elements separately, one can come to certain conclusion concerning the discrimination issues and offer the ways to eliminate it completely.

Deadened by the obnoxious attitude of the male colleagues, women fail to reach the top in their working career and are doomed to taking the lower positions until they finally get the chance to find their own niche in their work.

No matter how vulgar and dubious that may sound, sexual harassment and sex discrimination still remains an integral part of the modern companies, and is one of the basic reasons for women to fight the notorious glass walls rising right in front of them.

Even though the reasons for the maltreatment of women in their working places may differ and depends on a variety of factors, both inner and outer, one of the most obvious causes for women to be underestimated and harassed at their work is determined by the relationships on the interpersonal level:, according to what Crosby (2007) says: “Two general types of causes are important.

Primary causes of discrimination begin at the interpersonal level of individuals in the workplace and involve people’s expectancies and in-group networking (p. 189). Hence, one of the key reasons for women’s discrimination in the workplace is the result of the relationships between the women and the male colleagues, which can be defined as the result of the inability to build strong and trustworthy business relationships.

It is important to point out that in the given case, a lot depends on the women themselves and on their ability to create strong relationships based on mutual trust and cooperation with the male colleagues.

However, the role of men in the given aspect is not to be denied, either, since the latter are supposed to offer their mite to creating business relations with the women. Hence, to certain extent, much depends on people’s prejudice and their determination to work fruitfully.

However, saying that only interpersonal communication matters in the given case would be amiss. According to what Crosby (2007) claims, there is another reason for sex discrimination in the workplace. Defined as the secondary causes, another set of factors that contributes to women’s maltreatment in the workplace is predetermined by the institutional level and depends on the company’s structure and the procedures that are common in the given entrepreneurship.

As Crosby (2007) marks, “Secondary causes of discrimination occur at the institutional level of the employment and involve organizational arrangements and procedures that have a discriminatory impact on the workers due to their sex” (p. 189).

It is also necessary to emphasize that workplace sex discrimination and its reasons can be observed from the economical point of view, which makes the situation look considerable different and a lot more complicated than expected.

Hence, one of the numerous reasons for the women to encounter the glass wall on their way to the career Olympus is the prejudice concerning the economical strategies and considerations, not the dislike towards women and female gender in general, but towards the specific set of qualities that women possess as well as the one that is apt only to men. Indeed, as Jacobsen emphasizes,

In race discrimination, interaction between the two groups is often limited both within and without the workplace; in contrast, the two sexes are generally no separated in private life. A male employee who discriminates against women in the workplace has a mother, is often married, and often has daughters (p. 265).

On the one hand, it is evident that the corporation rules are supposed to be followed precisely. Yet on the other hand, there is no doubt that some of the company’s norms and standards can turn rather offensive and even discriminatory for female employees.

Therefore, a number of misconceptions arise, which leads to the fact that women are being maltreated in a certain company. Since changing the company norm and regulations can turn rather problematic, the discrimination of women in the workplace continues without any solutions to be offered, which means that the issue demands urgent solutions.

Solutions

There can be no doubt that most of the modern companies are suffocating under the thick layer of clichés concerning the women employment and women in the workplace. Since the issue remains unsolved and the situation is becoming increasing threatening for women employees, the solution for the current state of affairs must be worked out.

It is worth mentioning that at present, a number of possible strategies for women to integrate into the working place without being discriminated exist, and most companies still tend to treat all employees equally, as Gregory (3003) says. Still, seeking the possible means to eliminate the obstacles of sex discrimination, one can name the following methods among the most obvious solutions for the given problem.

It must be admitted that there are several ways to tackle the given issue and solve the complexities so that further issues of the kind would not arise in future. However, it must be taken into consideration that no changes could be applied to the existing situation.

Hence, it is required to consider such further developments which might not involve any changes in the organizational structure of the company, its policy towards women and the corporate ethics concerning the treatment of women. Therefore, one of the plausible outcomes of the current situation can have the most dreadful effect on women employment in the next several years.

According to what the most authoritative sources say, if discrimination in the workplace continues and no preventive measures are applied to stop the discrimination from spreading all over the entire company and taking more dreadful shapes, women may fail to achieve their promotion and have an efficient use of their career chances; as a matter of fact, in case of progressive discrimination, the latter are reduced to zero, creating “less likelihood of promotion, lower pay, etc.,” as Crosby (2007, p. 171) says, which is also a strong reason for concern.

To avoid the complexities that will inevitably arise if no changes are applied to the company policy and the relationships between the employees, one has to work out a specific strategy which is bound to help defeat the discrimination against women in the corporation.

However, it is worth remembering that multiple objectives are to be achieved to reach the final goal and settle peace and harmony within the corporation. Following the strategies enumerated below, one can achieve tremendous success.

One of the most obvious and the less painstaking means to solve the complexities that arise in the given workplace, one can make the working groups more diverse, thus reducing the possibility of discrimination to zero, as Stroh & Neale (2001) advise.

Once introducing a number of versatile and diverse personalities into the work group, one can see that there will be very little chances for the working team to split into the superior and the oppressed.

However, one of the disadvantages of the chosen method is that in most companies, the working team has already been formed before the cases f discrimination occurred, and the further extension of the employees’ team seems quite unreasonable.

Yet it is necessary to admit that, among the passive means of discrimination fighting, this one is the most efficient, especially in the earliest stages of discrimination progress, as Stroh & Neale (2001) explain.

However, more decisive and serious steps can be taken as well in case the above-mentioned strategy proves not efficient enough. It is important to stress that in case of workplace discrimination and the threat of the glass walls, a lot depends on women themselves, which means that women have the force to change the current state of affairs.

Hence, one of the possible suggestions for the solution of the current problem is enhancing self-respect and the will to fight for their rights in women themselves.

According to Gregory (2003), such approach is the one that will most likely bring success and restore normal relationships within the working team: “Women have the power to eliminate sex discrimination in the workplace, and they must avail themselves of the resource at hand – the laws outlawing employment discrimination” (p. 22).

However, it is necessary to remember that fighting for their rights will involve bending every effort to proving their case, which, no doubt, will demand a lot of patience and strength; as Gregory (2003) claims, “Thus, a woman who elects to reinforce her right to work in an unbiased environment must be prepared for a battle; she must be prepared to participate in an extended period of intense and bitter litigation” (p. 22).

Therefore, it can be considered that a woman is supposed to take a stand that must be decisive and strong. It is only with the help of her own determination and the will to prove that she is right, a woman has the chance to win in this battle an break the glass walls.

It is worth noting that the two strategies of fighting with discrimination that have been described above can also be comprised to achieve greater efficiency, as Stroh & Neale (2001) stress.

However, since the latter strategy might be considered amiss by the women of a pacific temper and character, the former measures are supposed to have the greatest effect on the atmosphere in the workplace and help eliminate women discrimination for good.

Reflection

It goes without saying that the given study of the women discrimination in the workplace has had a tremendous impact on my personal, academic, and professional leadership and managerial development.

Introducing the world of modern business and women’s role in it, offering a plethora of facts concerning women discrimination and men’s reluctance to improve the current situation, the given paper was both a research in the sphere of sociology and a study on human nature.

It is rather curious to learn the various effects that the modern company strategy and the corporation policy has on the relationships between employees, as well as to learn the variety of reactions that gender discrimination causes among women.

Speaking of the personal leadership, the given study enhanced my intentions to clarify the situation as quickly as possible and be able to take the necessary steps, listening to both of the opponents. Learning the opponent’s viewpoint proves extremely important, which is why it is clear to me now that to take control of the situation, one has to take into account the arguments of each side.

Clarifying that any dorm of discrimination is humiliating and is not to take place in a civilized society, the given research has also inspired my new idea of academic leadership as the form of leadership which would not presuppose any sort of gender segregation and will be based on the idea of equality of men and women.

In the given situation, it is crucial to maintain balance and not to infringe men’s rights when fighting for women’s freedoms, which the given research also mentioned.

Eventually, my professional leadership strategy seems to have altered, for from this time on, it is clear to me what difficulties women encounter when starting working together with men and especially in the teams here men outnumber women.

The last, but not the least, my managerial development has also been enriched y a plethora of essential information concerning the ways gender discrimination can be prevented, traced and tackled with at workplace.

Forming a team where no discrimination takes place is one of the keys to the company success as well as the professional development of the employees. One of the scourges of the XXI century, gender discrimination against women is bound to be defeated with the methods depicted above.

Reference List

Bradstreet, A. (2005). Breaking the glass ceiling. American Bar Association, 35(1), 102.

Crosby, F. J. Stockdale, M. S., & Ropp, A. S. (2007). Sex discrimination in the workplace: Multidisciplinary perspectives. New York, NY: Wiley-Blackwell.

David, M. (1998). Negotiating the glass ceiling: Careers of senior women in the academic world. New York, NY: Routledge.

Dipdoye, R. L., & Colella, C. (2005). Discrimination at work: The psychological and organizational bases. New York, NY: Routledge.

Gluck, S. (2011). The effects of gender discrimination in the workplace. Web.

Gregory, R. F. (2003). Women and workplace discrimination: Overcoming barriers to gender equality. Piscataway, NJ: Rutgers University Press.

Jacobsen, J. P. (2007). The economics of gender. New York, NY: Wiley-Blackwell.

Stroh, L. K., & Neale, M. (2001).Organizational behavior: A management challenge. New York, NY: Routledge.

Williams, C. (2010). Gender and sexuality in the workplace. Bradford, UK: Emerald Group Publishing.

Introduction

Starting businesses is significant to entrepreneurs, though it involves processes associated with challenges and high level of commitment. Therefore, new businesses at the early stage require perseverance, hard work, and risking scarce resources (Hisrich, Peters & Dean, 2010).

Discussion

New businesses require permits from local authority, whereby owners are issued licenses that allow them commence business operations. However, issuances of licenses depend on the form of business that an entrepreneur intends to operate, and restrictions in areas where businesses will be operating. In addition, there are different forms of taxes imposed on businesses by government. In this case, businesses are required to make regular payments in form of taxes; thus, entrepreneurs should consult an attorney for appropriate guidelines at state level. However, at local level, entrepreneurs need to consult the local authority to acquire the guidelines regarding tax compliance.

It has been noted that, in North Carolina, license is not among requirements for starting new businesses. In fact, there are businesses in North Carolina that do not have any license. Nevertheless, there is need to acquire a license before engaging in any business operations; thus, entrepreneurs should consider acquiring tax compliance guidelines for their business structure. For instance, if business involves sales of merchandise, there is needed to acquire tax number for sales called “sales and use tax numbers.” Moreover, business with employees is supposed to register for both NC taxpaying number and Federal Employee Identification number.

Business owner prepares to register his or her business using names derived from the business structure, and they can be required to incorporate the business through an attorney. Moreover, names should be unique, while businesses should be registered according to the form of ownership. Moreover, businesses are registered with register of deeds at the county level, and licenses are acquired, hence allowing these businesses to operate legally.

Form of business ownership influences ways of accessing funds, management and taxes paid to the government (Hisrich, Peters & Dean, 2010). Appropriate form of business ownership for S&S Recycling Company is sole proprietorship. In fact, this form of business can be formed easily, and it will be trading on materials that are regarded as waste. In fact, purchasing cost for these materials is low, and this may result to an increased profit margins. According to the business proposal, it is seem like a single individual can have complete control over the business. Moreover, the business will incur low level of tax; thus, this will also ensure that there are high profit margins.

However, there is significant risk associated with this form of business, and this may create perceptions that partnership is better form of business compared to sole proprietorship (Hisrich, Peters & Dean, 2010). Moreover, partnership helps in reducing impact of loss suffered by business owners. In fact, there are significant costs that would be associated with starting and co-coordinating garbage correction, and this would reduce level of profitability.

Conclusion

In conclusion, at the early stage of businesses, owners should focus on meeting business management requirements. Eventually, as an enterprise grow, it becomes difficult for the owner to manage entire business operations; this leads to need for hiring qualified personnel to oversee some operations. Furthermore, with continuous business growth, the company will expand to accommodate chief executive officer, chief operation officer, chief financial officer, chief marketing officer and chief technology officer.

Reference

Hisrich, M., Peters, M. & Dean S. (2010). Entrepreneurship. New York: Macgrow/Irwin.