Category: Uniform

Introduction

In Australia, a carbon-pricing scheme is usually known as the Carbon Tax Scheme (CTS). The scheme was unveiled in July 2012. This scheme calls for businesses producing more than twenty-five thousand tones of carbon dioxide corresponding emissions per annum to acquire emissions permits.

The aim of this report is to discourage emissions of greenhouse gases, which pose a serious threat due to the cause of man made climatic change (Adeyemi, & Hunt, 2007, p. 696). To begin with, the cost of a permit for a tone of carbon is set at A$23 for the financial year 2012-2013, with limitless permits being accessible from the Government.

The set charge will then increase by 2.5% every year, until a shift to an Emissions Trading Scheme (ETS) in the financial year 2015-2016, when the obtainable permits will be restricted corresponding to a pollution cap. Carbon pricing is a fraction of a wide energy transformation package referred to as Clean Energy Plan (CEP), which focuses at encouraging outstanding emitters in Australia and internationally in general to lessen their emissions and advance in sustainable energy (Fischer & Newell, 2008, p.154).

Two of the major targets of the CEP are to decrease emissions of greenhouse gas by five per cent lower than 2000 points, by the year 2020, and an additional decrease of eighty per cent lower than 2000 points, by the year 2050. The Clean Energy Regulator (CER) will manage the scheme (Adeyemi, & Hunt, 2007, pp. 697-709).

The income based on the charge is financing recompense to households and industries. This report discusses carbon pricing, explains the need for uniform carbon pricing, and proposes ways and implementations in which that feature of the problem may be tackled. A uniform carbon pricing is necessary to end problems of climate change and global warming.

Making the emitters pay

The rising pollutions of greenhouse gases occur because of human actions that include production of electricity, clearing of forests, and driving of motor vehicles. These actions have resulted to troubled equilibrium involving the way in to the environment of greenhouse gases and their elimination by take up in oceans and land and via chemical transformation.

The increasing concentrations of these gases are yielding climate variations and global warming thereby resulting to broad extent of possible consequences on the atmosphere, economies and communities (Bowen, & Stern, 2010, pp. 137-140). These consequences will vary by time and place. It is probable that most of the consequences will be terrible. The risk of appalling results escalates with the temperature variations.

The emitters of green house gases are thus indubitably attracting potentially enormous costs on other individuals with time. Nevertheless, the polluters do not have to take up the outcomes of their individual activities, via markets or any other means, save for the intervention of policy makers. If policy makers intervene, the emitters will be put off from polluting as much.

As a result, the products made by the emitters will turn out to be more expensive decreasing their demand (Bowen, & Stern, 2010, pp. 141-145). On the same note, imposition of charges will as well encourage novelty of less costly, less polluting means of offering similar products; this denotes a crucial instance for putting a charge on emissions of greenhouse gases by purposeful strategy measures.

The greenhouse gases emitted through economic actions mix fast with other gases present in the air and the majority of these remain in the air for long durations. Consequently, great amounts of carbon dioxide emitted presently will have virtually the same force on climate variations whether its origin was in Australia, the United States, or London.

Whatever the charges are, they are alike with no regard to the place of greenhouse gases emission causing assumption in favour of identical international pricing of whichever greenhouse gas (Bowen, & Stern, 2010, pp. 146-150). A massive challenge is thus presented to the world community to carry out the joint action essential to put forward a similar carbon price internationally, and administer the results of worldwide allocation of income.

Unlike greenhouse gases have unlike consequences on global warming and exist in the air for varying durations, thus the charge acquired for every tonne of emissions differ as per the concerned gas. However, as the charges can be presented as a set multiple of the charges acquired by a carbon dioxide tonne, carbon pricing has developed. The concept of externalities internalisation by fixing a cost on them dates back to the beginning of the 20th century.

The rule of this pricing is to equate the damage caused (or advantage presented) at the scope by the by the action bringing about the externality together with the cost imposed on (or obtained by) the industry carrying out that action. The aim is to vary the level of the action until this equilibrium is achieved (Bowen, & Stern, 2010, pp. 151-163). Simultaneously, the cost alters the mode of inducements for potential venture, innovation, and utilisation, guiding these three far from negative actions and towards positive ones.

Price inducements work

Practical proof illustrates that cost alterations do change conduct. If the price is fixed evenly across the financial system for carbon dioxide, these consequences will be invasive, devoid of policy makers themselves discovering instances of chances for abatement.

If a government attempted to assign particular quotas to every emitter of greenhouse gases, and the emitters stick exactly to their quotas, it is enormously improbable that the decrease in emissions of these gases could be attained at minimum cost (Edenhofer, Bauer, & Kriegler, 2005, pp. 277-280). The government would lack accurate knowledge concerning the way charges of abatement differed across businesses.

The challenge of settling on the right price

The carbon price ought to reveal the maximum charge of emitting an additional unit of greenhouse gas (for instance, carbon dioxide) calculated according to its carbon dioxide correspondent. Income-maximising businesses will decrease their emission of greenhouse gases to the level where loss of income from decreasing emissions, by an additional unit (maximum abatement charge), immediately begins to surpass the cost it must pay for maintained emission of that unit.

The difficulty that policy makers are facing is the determination of the marginal abatement cost, which theoretically ought to be placed at the marginal harm charge of a single unit of emissions; to be precise, the current worth of the economic charge brought about by an additional unit of greenhouse gas when in the atmosphere. With regard to carbon dioxide, social cost of carbon denotes the marginal cost (Edenhofer, Bauer, & Kriegler, 2005, pp. 281-285).

Nevertheless, it is extremely a hard exercise to approximate the social cost of carbon. The problem comes up since numerous serious doubts in approximating the current worth of the economic caused by carbon dioxide when in the atmosphere, comprising doubts concerning the science (warming as a result of emissions of greenhouse gases as well as environmental alterations accompanying warming).

Doubts concerning economic force of climate alteration cause this problem as well. In addition, the extended residence period of greenhouse gases in environment makes the doubts bigger. The sluggish eradication of greenhouse gases as well offers an ethical alternative for policy makers (Edenhofer, Bauer, & Kriegler, 2005, pp. 286-292).

The problems of assessing all aspects and concurring on ethical perspectives taken have brought about a wide extent of approximates of the social cost of carbon and practical arguments amid economists.

Strategies as well must consider the charges of restricting the risk of human induced climate alteration via diminution of emissions. Similar to the social cost of carbon, numerous aspects control marginal abatement costs.

Some of the aspects comprise possible low-carbon future advancement, likelihood of key scientific breakthroughs, and the effortlessness of surrogating low-carbon merchandises for presently high-carbon merchandises. According to diverse time horizons, these aspects are liable of varying effects (Fankhauser, Hepburn, & Park, 2010, pp. 209-225).

Conclusions

The issues surrounding climate change is a quickly developing topic. It is evident that, in the quest to cut down greenhouse gas emissions in a cost efficient manner, a uniform international price on greenhouse gases could be necessary (Fischer, 2008, pp. 487-502). It could work as a pervasive support for businesses to alter their undertaking, and for clients to change their mode of spending from high-carbon merchandises.

In the nonexistence of a powerful binding global concurrence, it is nonetheless vital that policymakers move progressively towards a widely equal carbon price across industries, so that alteration price might spread effectively across economies, and thereby reduced. Policymakers do not have a clear and effective way of letting businesses know the role and structure of carbon pricing.

Policymakers must therefore explain clearly the character of market failure (Fischer, & Newell, 2008, pp. 142-162). Public backing and acceptance could be jeopardized by a failure to explain the rationale of carbon pricing with respect to the emitter-pays principle.

Recommendations

It would be of immense benefit to come up with hybrid systems with constituents of both amount and cost controls. The general rule should be to permit some level of response of both amount and cost to unanticipated blows to marginal abatement prices, as well as economic actions.

Governments should tie-up the time outline of carbon pricing through the announcement of a course for the tax rate or announcement of a plan for quota allotments in the future, in the case of traded quota.

Permitting quotas for various years for trading in advance is necessary to assist in the establishment of an anticipated time profile (Hepburn, 2006, pp. 226-247). For governments persuaded of the need for strong activity on changes in climate, they ought to take into consideration border pricing amendments to deal with aggressiveness effects.

They could impose the carbon price on internal emissions as well as carbon track of imports, the same way exercise taxes are levied on both internally generated and imported fuels. Seeking conclusion of business-sector concurrences internationally should be done, while stressing on sharing excellent practice in low-carbon expertise to carry out alteration simpler for lower-productivity nations, which may otherwise be lured to competing more violently on price.

Implementation

The governments of every country can impose a uniform tax on carbon (or correspondent of carbon) content. Governments can initiate quota methods where the aggregate intensity of emissions set by the quotas is fixed identical to the needed intensity of entire emissions and each quota is tradable (Helm, Hepburn, & Mash, 2003, pp. 438-450).

In a reasonable marketplace, the cost of a quota of a tonne could be consistent and equivalent to the cutting emissions of another tonne alongside the cost they have to pay for a quota when they emit the tonne.

Controls on emissions industry by industry, devoid of trading of quotas, could contrary bring various marginal abatement charges across industries that could not be cost efficient (Huntington, 2006, pp. 1-7). Similar reductions of emissions would be achieved at less charge through low-cost businesses undertaking more abatement, in addition to having high-cost businesses undertaking less.

Reference List

Adeyemi, O. I., & Hunt, L. (2007). Modelling OECD industrial energy demand: asymmetric price responses and technical change. Energy Economics, 29, 693709.

Bowen, A., & Stern, N. (2010). Environmental policy and the economic downturn. Oxford Review of Economic Policy, 26, 137163.

Edenhofer, O., Bauer, N., & Kriegler, E. (2005). The impact of technological change on climate protection and welfare: insights from the model MIND. Ecological Economics, 54, 277292.

Fankhauser, S., Hepburn, C., & Park, J. (2010). Combining multiple climate policy instruments: how not to do it. Climate Change Economics, 1 (3), 209225.

Fischer, C. (2008). Emissions pricing, spillovers, and public investment in environmentally friendly technologies. Energy Economics, 30 (2), 487502.

Fischer, C., & Newell, R.G. (2008). Environmental and technology policies for climate mitigation. Journal of Environmental Economics and Management, 55, 142162.

Helm, D., Hepburn, C., & Mash, R. (2003). Credible carbon policy. Oxford Review of Economic Policy, 19 (3), 438450.

Hepburn, C. 2006. Regulation by prices, quantities, or both: a review of instrument choice. Oxford Review of Economic Policy, 22 (2), 226247.

Huntington, H.G. (2006). A note on price asymmetry as induced technical change. The Energy Journal, 27 (3), 17.

Is UAAA a State or Federal Law, Who Does It Applies to, and is Registration in Texas a Must

UAAA, Uniform Athlete Agent Act, is a state legislation body that enforces criminal, civil, as well as regulatory sanctions with the implementation being at the national level. The entity requires agents entering into an agreement with school going athletes (student athletes), or those who intend to either directly or indirectly request, or hire the competitor to sign an agency contract (Lowe, 2018). Moreover, the UAAA expects the aspiring participant’s representative to furnish it with valuable information which will allow the student athlete and any other concerned individuals to assess the potential manager properly. Therefore, with relation to registration in Texas, the contestant must enroll (Lowe, 2018). The competitor’s agent is also under the obligation to register at the Secretary of State’s office before commencing the negotiations.

Certification Issuance, Unregistered Agents, and Cancellation of a Contract

The State in which the athlete is enrolled has the power to grant permits only because it is a national statute. If the player is transferred from one state to another, they must register with the host state (NCAA, 2021). However, if the agent is not licensed, then the UAAA will have no mandate to confirm any of the agreements proposed by that particular individual. Only after the student athlete manager has been registered would their contracts become binding. Until a player signs the deal, they will have fourteen calendar days to either cancel or remove themselves from the contract under the UAAA Act (Lowe, 2018). Therefore, the competitor has the right to withdraw from the settlement, provided that they do so within the stipulated period.

Some of the Prohibited Acts

However, there are some unauthorized acts under the UAAA, one of which prohibits agents from supplying misleading or false information. Simultaneously, the other is related to promising or representing a student athlete to compel them to engage in an agency deal. Finally, the third illegal act concerns a prospective player agent initiating contact with a participant while still not licensed with UAAA (Lowe, 2018). These are some of the various acts that are deemed to be illegal by the Uniform Athlete Agent Act.

References

Lowe, K. (2018). Show me the money! A little history about the Uniform Athlete Agents Act (UAAA).

NCAA (2021). Need for and benefits of the Uniform Athlete Agents Act (UAAA).

Japan is a country widely known for its strictness to work, the hard work of the country’s residents, and its attitude to a single style. The reflection of the style of Japan can be seen in the architecture, interior, and, most notably, in the uniform. The Japanese strive for a uniform style of clothing in the workplace, even at the smallest enterprises, in schools, starting from first-graders and ending with high school students. Among students, wearing a uniform is considered pride, and some young people entering universities pay attention to the uniform they will wear during the academic years. Wearing a uniform unites the people of Japan and contributes to various functions, such as the harmonization of society.

The Japanese uniform is attractive because there is no single, strict uniform that all students of the country should wear. Each school has its uniform, which changes depending on the season, and has accessories that make it attractive. There are different schools in Japan: municipal and private. They differ not only in the form of financing but also in the strictness of the rules. Nevertheless, in almost every school, students are prescribed for attending classes in specialized clothing – school uniforms.

In the 19th century, the Japanese government decided to introduce compulsory school uniforms in all schools. Lee et al. (2) state that in Japan, school uniforms were first established during the Meiji period in 1868-1912. Since then, the uniform has been widely distributed throughout the country, even though there have been attempts to reform school uniforms. “Japan is often said to be a land of contrasts, a place where the new exists side by side with the old” (Davies 33). This statement indicates that the school uniform was adopted in the Meiji era and still exists, only its appearance and materials of manufacture are newer and improved.

Young people respect uniforms because it emphasizes belonging to an educational institution. It was decided to introduce it more than a hundred and fifty years ago. The idea was simple: children should not focus on the inequality of parents who cannot dress up children in the same way. Everyone has the same clothes, which means that children pay more attention to classes. In addition, uniforms and the rules of school life contribute to the development of a sense of harmony and collectivism in children. The school uniform is aimed at presenting the norms and rules of educational institutions and forming a culture of harmony of which students are a part (Namba 92). It should be remarked that the composition of classes changes every year. It is believed that this way children communicate more with each other, acquire communication skills. And this, in turn, leads to creating an atmosphere of patriotism towards the educational institution.

The requirements for the uniform are usually quite strict, so it is challenging to imagine that a student in Japan came to class dressed differently or violated the accepted rules. High school girls diligently shorten their uniform skirts, although the administration vigilantly monitors their length in some schools. Nevertheless, students wear their uniforms with pride, being another business card of the Land of the Rising Sun. Parents from an early age probably explain to the child how important it is to wear a uniform, how honorable and strict it is. Of course, children grow up and try to transform their form somehow to differ at least minimally from their peers, but one way or another, they continue to wear it throughout almost their entire life. This commitment of the Japanese to wearing a single clothing style clearly distinguishes them from other states that are not so focused on harmony in the country.

A school uniform is a good idea for many reasons. First, is that it unites society and brings harmony into it. “… wearing the same clothes as others can lead to contentment: concealing economic inequality and lessening bullying and discrimination” (Namba 92). Although many may say that students become faceless with the same school uniform and do not differ, the same school uniform does not distinguish someone’s financial capabilities. It makes everyone equal to each other, and self-expression occurs at the expense of hairstyles and accessories. “… others object to such practices because of the belief that students’ freedom of expression is important for their ability to develop and embrace their characteristics” (Lee et al. 3). Girls can apply unusual makeup that will reflect their personality. In the case of boys, they can stand out due to stylish backpacks or shoes.

Second, it is the fact that students of different schools and universities feel proud of their educational institution and motivate them to study well. This is especially common in those schools where famous Japanese people studied. “Japan’s school uniform style is generally changed once a decade” (Cui et al. 3). Naturally, it is pleasant for modern students to demonstrate that they will probably be able to achieve what famous people and ancestors once achieved. Moreover, it motivates them to study better to justify their studies at a prestigious educational institution. “In addition to prestige, school uniforms symbolise purity” (Sabic-El-Rayess et al 2). The clean, ironed uniform is a very significant moment for Japan, symbolizing the seriousness of this nationality.

Besides the positive aspects of wearing a uniform, there are also several negative aspects. According to many people, including parents of school students, uniforms do not allow children to express themselves by wearing different clothes. Although some people support wearing a uniform, since self-expression at the expense of clothing is not correct, there is also an opposite opinion. In addition, some children remain dissatisfied that they are obliged to dress like everyone else. Another disadvantage is that parents will need to incur significant financial expenses. “Education development organizations note that the direct cost of uniforms is a burden…” (Sabic-El-Rayess et al 2). This is due to the fact that in addition to the school uniform, which is necessary during training at an educational institution, parents will need to buy ordinary clothes so that the child can wear them during his free time from school.

In conclusion, the people of Japan are very fond of wearing a uniform and are happy to use this opportunity. Schoolchildren of different ages, employees of other companies from the smallest to large corporations, civil servants-all of them strive for harmony in society and create this by wearing a uniform. Provided that all people wear a uniform, there is no possibility of discrimination based on financial capabilities. A person is valued not for how expensive his clothes are but for his personal qualities. Subsequently, many quarrels and negativity are excluded, which means that there is peace and harmony in society.

Works Cited

Cui, Yumei, Fang, Xuemeng, Zhou, Honglei. “Green Design and Sustainable Development of School Uniforms.” Materials Science and Engineering, vol. 301, 2018, pp. 1-4.

Davies, Roger. Japanese Culture: The Religious and Philosophical Foundations. Tuttle, 2016.

Lee, Sun, Ito, Takahiro, Kubota, Kohei, Ohtake, Fumio. “Reciprocal And Prosocial Tendencies Cultivated By Childhood School Experiences: School Uniforms And The Related Economic And Political Factors In Japan.” International Journal of Educational Development, vol. 83, 2021, pp. 1-13.

Namba, Tomoko. Fashion, Identity, and Power in Modern Asia. Edited by Kyunghee Pyun and Aida Yuen Wong, Macmillan, 2018.

Sabic-El-Rayess, Amra. “School Uniform Policy’s Adverse Impact On Equity And Access To Schooling.” A Journal of Comparative and International Education, 2019, pp. 1 18.

The issues of intellectual property have always been rather controversial and complicated. Although the very term Intellectual Property (IP) applies to tangible results of the human artistic or scientific work, it is rather difficult to find out who possesses the integral right for the usage and sale of the invention, trademark, etc., i. e. the objects of the intellectual property (Bouchoux, 2002). Therefore, there has recently been started a dispute about whether the IP regulations should be carried out under the uniforms laws or there should be differences in various countries. In this respect, the notions of state sovereignty and the international law community should be considered in connection to IP.

Initially, the dispute over the uniformity of laws regulating IP relations has been the result of the controversy that aroused from the different rights that the inventors or patent owners could have in various countries (Bouchoux, 2002). For instance, if in the US a person is considered to be the genuine owner of the patent for an invention, in one of the European countries another person might claim this invention and be acknowledged as its author. Such ambiguity is rather inconvenient for IP offices, patent offices, etc. To avoid this confusion, the call for uniform laws to regulate IP has been made, but it was confronted by the idea that such uniform laws would violate the sovereignty of states (Bouchoux, 2002).

In more detail, every sovereign state has the integral right to establish laws and regulations within its boundaries with the only condition that these laws do not violate internationally accepted standards and human rights (Bouchoux, 2002). Thus, if a country proposes uniform laws for all the countries in the sphere of IP, other states might consider this proposal to be an infringement of its sovereignty which might as well lead to serious international controversy. Accordingly, the rather compelling idea of the establishment of uniform IP regulating laws is possible only after the agreement is reached between all the countries involved (Bouchoux, 2002).

On the other hand, scholars like Bouchoux (2002) argue that the modern society is close to the creation of the international law community in which the laws of countries will not only be similar but there will be a single code of laws and regulations that will be acceptable and applicable for all countries. The establishment of such a law community will eliminate the dispute over the uniform IP laws as unnecessary (Bouchoux, 2002). The laws regulating the IP sphere will be integrated into the overall legislative system and will, consequently, be regulated by the uniform law recognized in all the countries participating in the international law community.

Thus, the dispute over the creation of the uniform law to regulate Intellectual Property relations across the border is a controversial matter. There are positive as well as negative effects of the potential uniformity of IP laws (Bouchoux, 2002). On the one hand, the very idea of sovereignty might be distorted by the implementation of such uniformity. On the other hand, uniform IP laws might be the first practical step in creating the international law community. The latter has been under development for a long time and the IP sphere reforms might serve as a powerful impact in its completion.

Works Cited

Bouchoux , Deborah E. Intellectual Property The Law of Trademark, Copyrights, Patents, and Trade Secrets. Delmar Cengage Learning; 2 edition, 2002.

Introduction

A contract is an agreement between two or more parties and it can be oral, implied or written except where certain specific forms of contracts are required to be in writing. In order to be a valid contract, there must be the essential elements such as offer, acceptance, consideration present in it. These elements are outlined below.

Agreement

The Uniform Commercial Code defines an agreement as the “bargain” between the parties. This is borne out of mutual consent signified by outward actions, oral or written words of the parties to the agreement.

There must be meeting of minds for an agreement to be reached after which neither party can withdraw without the consent of the other party. Formation of contract is characterized by mutual assent (offer and acceptance) ,support of consideration and legality of the subject matter .

Mutual Assent

Offer : An offer is a proposal of one party directed against another (offeree) for acceptance. It can be by acts, words spoken or written directly conveyed to the offeree directly by face to face contact or through any medium such as messenger, mail, wire, email, fax etc capable of being received by the offeree.

The offer must signify intention to make a contract , definite without being vague so that court can determine the actual intent of the parties in case of dispute and be communicated to the offeree. Advertisements, catalogues, brochures and announcements are not offers and are considered as an invitations to offer as they are not definite and not communicated to specific parties.

But a unilateral offer through such advertisements etc are considered as an offer since they are definite and addressed to specific persons “saying whoever comes first or finds”. Unless there is a specific time limit for the offer to be accepted, it will lapse by passage of reasonable time. An offer can be withdrawn before it is accepted but it depends on what constitutes acceptance and when an acceptance is made subject to postal rule .

Acceptance : The offeree must signify his acceptance in the manner stipulated by the offeror within the time specified by him if any. If the acceptance is qualified, then it is his counter offer and the offeror is not bound to accept the counter offer.

Thus, the acceptance must be communicated in the same manner mentioned by the offeror but the U.C.C. permits any medium of acceptance so long as it meets the requirements of the offer and reaches the offeror in time.

However, silence does not constitute acceptance even if the offeror states in his offer that in case of no reply, it will be taken as accepted. The mutual assent can be lacking due to mistake, misrepresentation, duress and/or undue influence .

Consideration

It represents lawful alteration of responsibilities as a result of exchange of consideration of the other person. It is the “quid pro quo” as a thing in return for what the person has offered. It can be an action, forbearance, or promise.

However, adequacy of consideration is not essential to form a valid contract provided the consent is not vitiated by the above said fraudulent actions. It also depends on the capacity of parties and not being contrary to public policy. Moreover, past consideration is no consideration. However, promissory estoppel gives rise to consideration .

Legality of the subject matter

A contract should not be against public policy or in violation of common law or statutory law .

Conclusion

Thus if, If there is no meeting minds between the parties to a contract due to fraud, undue influence, coercion or undue influence, there can be no valid contract. Material mistake, and unconscionably also vitiate an otherwise valid contract.

References

Emerson, R. W. (2009). Business Law. New York: Barron’s Educational Series.

Miller, R. L., & Jentz, G. A. (2010). Business Law Today. Mason, OH: Cengage Learning.

Historical Background

The Uniform Commercial Code, popularly referred to as ‘The Code’, is an elaborate code that deals with mostly commercial law. The code was first published in 1952 with the intended goal of harmonizing the law of commerce that entails sales, leases, instruments for business negotiation, credits, and debits, bulk transactions, etc. (Clay & Straus, 2002). Its scope was to guide as well as streamline all the commercial transactions and dealings that relate to business into one central uniform document for ease of reference within the United States (Clay & Straus, 2002). In principle, its inception was driven by the fact that the commercial transactions would involve two or more states hence the need to harmonize them so that they could be used uniformly by all the 50 states that make the USA. For instance, goods being manufactured in the state I, stored in state II, the selling takes place in State III and finally delivered in state IV. In this way, the code became important in harmonizing and creating a critical uniformity in dealing with these commercial transactions, while at the same time giving the states room to consider local the local cases that needed special attention (American Law Institute, 2007). Another primary feature of the code is that it only deals with “personal property that is movable, and not really real or immovable property” (Clay & Straus, 2002, p.245).

Considered to be one of the longest and the most comprehensive acts that is uniform in nature, the code was jointly established by the National Conference of Commissioners on Uniform State Laws and the American Law Institute (Cornell University, 2010). At its inception in 1952, Judge Herbert F. Goodrich chaired the Editorial Board after the first draft was drawn by the US’s top legal experts (Clay & Straus, 2002).

General Provisions

Many people may consider The Code as a law in itself. However, it is simply a harmonized product of organizations acting privately, which has been recommended for application in the states. The moment it has been adopted by a state, the code is entered into this particular state’s code of statutes with the options of adopting it wholesomely or making piecemeal changes to suit its local scenario. However, these changes must be minor such that they don’t interfere with its specific purpose as well as meaning in the promotion of uniform law across several states (Litowitz, 2001).

In other words, an individual who is doing business in various states must be conversant with that particular state’s laws to have a clear conscience of what is required in the local business environment. An illustrative case is that of Payne vs. Stalley, where a lawyer wholly depended on the “official text of the Uniform Probate Code” but failed to check keenly on Florida Statute (Clay & Straus, 2002). This eventually led to the lawyer failing to beat the deadline in the filing of the case in this high-profile claim. The court eventually ruled that they cannot edit the Florida Probate law simply “accommodate a Michigan attorney more familiar with the Uniform Probate Code” (Clay & Straus, 2002). So far the code has an established permanent editorial board, which has been credited with the issuance of several official comments as well as some other published papers to back their stand and opinions. This is even though the commentaries and ideas given as relates to the code do not have the full support of the law, with various courts having their independent interpretation; which is generally outlined to seek permission from the authority to determine the impact of either one or more provisions. In summary, courts interpret the code by seeking to harmonize their interpretations with the ones in other states with similar statutes (Litowitz, 2001). To a large extent, the Code has been adopted by over 50 states in the United States, in addition to District of Columbia, Puerto Rico, and the Virgin Island (Litowitz, 2001). Other states like Louisiana have adopted a bigger section of the Code, except for the civil law section contained in Article 2 that deals with the sale (Cornell University, 2010).

Even though a big percentage of the code is shared as stated earlier, particular states have modified it to suit the local standards. For instance, Louisiana and Arkansas have changed their reference to the major subdivisions of the Code to ‘chapters’, unlike its common reference as ‘articles’ by the uniform code, thereby separating it from their Civil Codes and constitutions respectively (Cornell University, 2010). Similarly, California calls it ‘divisions’, to make it different from their third as well as fourth level of the code, unlike the first divisions for their laws (Cornell University, 2010).

Uniform Commercial Code and Sales- Article 2

In this section, the content of sales as referred to in the Code is based on the transactions that involve real goods; and it does not include any other transaction related to unconditional contract between the seller and the buyer or simply put, “the present sale is intended to operate only as a security transaction” and does not prevent any statute from controlling sales to consumers or any specified types of buyers such as farmers (FFIE, 2006). The article 2 of the Uniform Commercial Code applies to “transactions in goods” but “unless the content otherwise require, contract and agreement are limited to those relating to the present of future sale of goods” (FFIE, 2006). For instance, the definition of ‘sales’ and ‘goods’ assumes that the purchase of such things as software may look like an ordinary contract for the sale of goods, while in reality, the buyer only obtained the license to use the software; and there is no scenario where the seller passes the real good to the buyer. White (2001) argues that the Code should govern the 1999 purchase order and clickwrap license. This dilemma is caused by the controversy on whether UCC should be applied in the software purchase in general terms. However at present, the code does not govern the purchase of software license, at least in a technical term of service.

Article 2 therefore applies to contracts for the sale of goods. In this perspective, sales occur where there is “a passing of title from the seller to the buyer at a price” White (2001). It therefore follows that the sale must involve the title of goods to sell. The title represents the legal rights to ownership of a thing such as a laptop or a car, and when the legal title des not pass, there has not bee a sale under the UCC. Article 2 subsequently does not apply to the lease of goods, such as the lease of a car, but in most cases the states adopted the Article 2A, a new Code article dealing with some very specific personal property White (2001).

Uniform Commercial Code and Leases

It’s commonly said that the object of the law is to encourage commerce. This is true with Uniform Commercial Law. The Code is known to facilitate commercial transactions by making the laws governing lease (Article 2A) contracts uniform, clearer, simpler and most readily applicable to the numerous difficulties that may arise during such transactions White (2001). It can be remembered that the UCC is one of the many uniform model acts that were drafted by the National Conference of Commissioners on Uniform State Laws and eventually submitted to the state for adoption. Once a state legislature has adopted a uniform act, the act becomes statutory law in that particular state. Hence, when we turn to sales and leases contracts, we move away from the common law principles and into the area of statutory law (White, 2001).

The Code thus attempt to provide a consistent as well as integrated framework of rules that helps us deal with all the issues that arises from commercial lease transactions from the beginning to the end. For instance, the following cases may lead to application of UCC during a single application; a contract for the lease of particular good or goods is formed and executed. In this case Article 2A of the Code will provide the specific rules that govern all aspects of such a transaction.

Uniform Commercial Code and Negotiable Instruments

Goods and services provided may be negotiated under the guidance of Uniform Commercial Law. In most cases, courts have different ways of interpreting the transactions that involved the negotiations between two or more parties. For instance, in the provision of blood to a particular patient during an operation, one court would term it ‘sale of goods’ while another would say it is ‘performance of a medical service’ (Clay & Straus, 2002). In other words, while some courts would term it a service, others would simply say it is goods in exchange. For example, in accomplishment of such a transaction, it may involve a payment of the transaction cost through check or electronic fund transfer, or just through other means readily available. Article 3, which involve negotiable instruments may be supported by Article 4 that deals with bank deposits and collections, Article 4A that deals with fund transfers, and Article 5 that entails letters of credit (Clay & Straus, 2002).

In practice, Article 2A, as opposed to ordinary contract law, makes the lease’s obligation under a commercial finance lease irrevocable and independent from the financer’s obligations. Said the other way, the lessee is obliged to perform and continue to make lease payments even if the leased equipments does not serve the full purpose of what was intended due to defects that may have occurred during the process. Again that lessee must be ready to check entirely to the supplier for warranties (Cornell University, 2010).

Uniform Commercial Code and Bank Deposit

Bank deposit refers to the act of delivering a particular amount of cash to a bank account. In the various jurisdictions of the US, checks are governed by the provisions of Article 3 of the Uniform Commercial Code, as supplemented by Article 4 (Litowitz, 2001). In the United States, rights of a depositor as well as that of a drawer in the process of the collection and payment of checks are guided by several jurisdictions in the Article 4 of the Uniform Commercial Code, as interpreted by a specific state law. Funds that are available upon deposit into a bank account are the subject matter of Regulations. With records, the subsequent days ensure that the money deposited is available in the bank of deposit, to electronic payments for which the bank has received the payment plus the adequate and relevant account information put in place.

Letters of Credit

When a buyer is in business of buying, it means that he or she is buying goods and services in good faith, with little or no knowledge that the sale interferes with the rights of another person in the goods. Again a person buying goods in the ordinary course s guided by the nature and understanding of the buyer and the willingness of the seller. This willingness may be extended in the process to entrust the buyer with the property before a full or no payment is met (Litowitz, 2001). For instance, person who sells oil, gas or any mineral at the wellhead is familiar with this kind of selling the similar type of goods. In other words, a buyer may just decide to buy for cash, by property exchange or trough secure or unsecured loan.

Uniform Commercial Code and Warehouse Receipts and Bills of Lading

In regular business transaction or financial exchange, it is normal to outline the fact that financing is adequately evidencing that the person is in possession or control of the record pf the said goods. In this case, the good may be stored or kept in a warehouse, which calls for other transaction issues like a bill of lading (FFIE, 2006). Litowitz (2001) explains that the latter term “is used among other terms as transport document, dock warrant, dock receipt, warehouse receipt and order for delivery of goods”. In this case, an electronic document is used to store existing information that would make it easily accessible in that format. On the other hand if the information is held in a tangible document, it shows evidence of a record consisting of information that is inscribed on a tangible medium, hence can act as a backup to the electronic case (FFIE, 2006).

Uniform Commercial Code and Secured Transactions

Both the business of securing the interest in personal property and the fringe properties that are attached to the real property, popularly known as ‘fixtures’ e.g. light fixtures and the consequences of taking such a security are governed by Article 9 of the Uniform Commercial Code (FFIE, 2006). This adoption of the Code has been accomplished by several states, albeit with certain variations in the respective states. Despite some specific exceptions, the article applies to any transaction, despite its form that draws a security interest in the personal property that may include goods, documents, the intangible goods, etc.

Conclusion

The Uniform Commercial Code has streamlined the commercial law since its inception in 1952. It was established to accomplish issue on sales, leases, instruments for business negotiation, credits and debits, bulk transactions, etc. (Clay & Straus, 2002), in an attempt to make the commercial law in United States uniform in it operations and features. This is because different states would be found trading together in the same goods, but in different forms.

The Codes’ establishment came through a joint venture between National Conference of Commissioners on Uniform State Laws and the American Law Institute (Cornell University, 2010). This however does not mean that the code makes up for the law but just a recommendation for uniform business transactions, which is also open for piecemeal changes to suit the local scenario of a particular state.

Reference

American Law Institute. UCC 2007 Edition. Web.

Clay, K. & Straus R. (2002). Institutional barriers to Electronic commerce: An historical perspective. The New Institutionalism in Strategic Management, Vol.19, pp.245-271. Web.

Cornell University. (2010). UCC: Uniform Commercial Code-Article 2 Sales. Cornell University Law School. Web.

Federal Financial Institutions Examination (FFIE). (2006). FFIEC Statement on revised UCC Article 9. Web.

Litowitz, D. (2001). Perspectives on the Uniform Commercial Code. Carolina Academic Press. Web.

White, J. (2001). Uniform Commercial Code. Web.

One of the impacts of globalization is that it has resulted in a steady growth in the interdependency of world economies and increased the pace of international trade among countries around the world. The growing interdependency and international trade among countries call for international cooperation, the formation of international commercial contracts, as well as the resolution of inherent challenges that could potentially threaten international trade and commercial contracts. This is the basis for both the United Nations Convention on Contracts for the International Sales of Goods, popularly referred to as the UN Sales Convention and the Uniform Commercial Code. This essay paper seeks to compare and contrast the Uniform Commercial Code and the UN convention on contracts for international sales of goods (CISG).

The UN Convention on Contracts for International Sales of Goods (CISG), like the Uniform Commercial Code, governs the selling of goods in the international markets. This piece of legislation was spearheaded by the United Nations and opened for ratification by nations in 1980. According to Hancock, the legislation was effected on January 1, 1988, with the approval of only 10 countries. The convention has been described as one of the greatest intergovernmental achievements towards the unification of international commercial laws. The legislation is today a binding law in the United States, as well as most of its trading partners. Thus, the convention is a governing law concerned with all international commercial contracts on the sale of goods among businesses in countries that have ratified the convention.

The convention is an international-based analog to Article 2 of the US Uniform Commercial Code. The UN Convention on Contracts for International Sales of Goods (CISG) is an international sales legislation or act which provides substantive law on international commercial contracts for the sale of goods. The convention has three crucial procedural counterparts that deal with the conduct, as well as the enforcement of international sale contracts. These include the UN Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, Model Law of International Commercial Arbitration of 1985, and the United Nations Commission on International Trade Law (UNCITRAL) of 1966. In the United States, the UN Convention on Contracts for International Sales of Goods (CISG) replaces Article 2 of the Uniform Commercial Code. According to Crocker, both the UN Convention on Contracts for International Sales of Goods (CISG) and the Uniform Commercial Code provide the guidelines for the formation of contracts in international sales. These laws are also similar because they both stipulate the obligations of the parties involved in the international sale of goods.

A key contrast between the Uniform Commercial Code and the UN Convention on Contracts for International Sales of Goods (CISG) is that the latter does not recognize and thus is less concerned with the Statute of Frauds. The Uniform Commercial Code recognizes the Statute of Frauds and thus emphasizes some writings to be signed by the parties enforcing the international sales contract. The Uniform Commercial Code permits certain disclaimers such as warranties. However, under the UN Convention on Contracts for International Sales of Goods (CISG) disclaimers such as those related to warranties are a completely open area. Under the UN Convention on Contracts for International Sales of Goods (CISG) unlike under the Uniform Commercial Code, any evidence beyond the written documentation is not admissible. Such evidence is generally referred to as parol evidence.

The UN Convention on Contracts for International Sales of Goods (CISG) recognizes the older rule of contracts referred to as “mirror image”. These old contract rules were in place before the establishment of the Uniform Commercial Code, and as such, were not recognized under this law. The “mirror image” rule of contracts requires that an offer for international sale must be accepted without any modification. Hancock argues that a significant contrast between the UN Convention on Contracts for International Sales of Goods (CISG) and the Uniform Commercial Code is that the former is a blend of both civil law and common law. The UN Convention on Contracts for International Sales of Goods (CISG), unlike the Uniform Commercial Code, integrates aspects of some older international legislation on international sales. These two older pieces of legislation are the Uniform Law on the Formation of Contracts for the International Sale of Goods (ULF) and the Uniform Law on the International Sale of Goods (ULIS). Lastly, when a seller in the international contract alleges “commercial impracticability”, both parties in the contract are excused under the UN Convention on Contracts for International Sales of Goods (CISG). However, under similar circumstances, the Uniform Commercial Code excuses only the seller.

In conclusion, the UN Convention on Contracts for International Sales of Goods (CISG) is part of the United States domestic law. As such, parties can opt out of it. The UN Convention on Contracts for International Sales of Goods (CISG) applies only to the seller and the buyer and not to any third parties in an international deal. The law does not concern itself with property in the goods under question or even the validity of a contract. It is for these reasons that the UN Convention on Contracts for International Sales of Goods (CISG) is not popular. On the other hand, the Uniform Commercial Code is highly popular. It takes into consideration various issues not emphasized by the UN Convention on Contracts for International Sales of Goods (CISG).

Bibliography

Crocker, David P., The Convention You’ve Never Heard of: the United Nations Convention on Contracts for International Sales of Goods, The Virtual Lawyer, 2008, Web.

Emerson, R.W., Business Law. New York, Barron’s Educational Series, Inc., 2009.

Hancock, Stewart. ‘A Uniform Commercial Code for International Sales? We Have It Now’. 67 New York State Bar Journal, vol. 36, no. 1, 1995, pp. 20-23.

What section of the UCC governs the agreement?

The case scenario is covered under section 2 of the UCC, which involves the sale of goods. For an agreement to be defined as a sale of goods, it has to involve two merchants, one who is a buyer and the other is a seller.

Are they “merchants?”

Both Hasbro and Cloud Corporation are merchants. According to Section 2(1) of the UCC, a merchant involves an individual who deals in goods. Given that Cloud Corporation supplies the powder to Hasbro, it indicates the company deals in goods. Hasbro does not deal with the powder but has the knowledge and skill of using the powder for manufacturing kids’ toys. Section (2)1 of the UCC also defines a person with such knowledge and skills as a merchant.

Is this oral agreement considered a contract?

In the business world, it is always advisable to put any form of agreement between parties in agreement. However, many times people engage in contracts informally in the form of an oral agreement. Oral agreements are therefore acceptable under common law. A challenge only arises when the parties to the agreement fail to play their part or conduct their obligations. In that case, the parties may require the court to intervene. The courts cannot intervene if there is no formal writing of the contract. The UCC is not a law but a basis for enabling business among parties. The UCC recognizes an oral agreement as a contract but provides certain instances where a contract needs to be in written form. Section 2-209(1) of the UCC requires that contacts whose value exceeds $500 should be in writing if they are to be enforced by a court of law. Otherwise, contracts whose value is less than $500 can still take place under an oral agreement.

What are Cloud’s possible arguments?

In case of a challenge, Cloud Corporation can defend itself using various provisions under the UCC. Under section 2-204(1), the conduct of the agreeing parties can point to a contract. This includes if the contract for sale is arrived at in a way suggesting the existence of a contract. Section 2-204(1) indicates that should one or more items not be covered in a contract for sale. The contract is not discarded if the parties intended to make a contract for which they rationally believe an appropriate remedy is required. In this case, the conduct of Hasbro can be seen to suggest an existence of a contract. Even though there was no written agreement, Hasbro and Cloud Corporation had a clear intention of making a contract.

Cloud Corporation can also argue that there was acceptance of goods. According to section 2-606 of the UCC, the buyer is presumed to have accepted goods if the acceptance of goods arises under three key circumstances. One, under section 2-606(1) (a), the buyer has taken reasonable time to inspect the goods. The seller, therefore, assumes that the goods conform to the buyer’s standards or that the buyer will take or keep the goods notwithstanding their non-conformity. Two, under section 2-606(1) (b), the buyer is considered to have accepted the goods if they do not reject the goods within a reasonable time after they have been tendered or delivered (section 2-602(1)). The buyer can also reject the goods by notifying the seller in good time. Three, under section 2-606(1) (c), the buyer acts in a way that goes against the seller’s ownership. Hasbro received the powder delivered by Cloud Corporation without making any objection to it.

In addition, there was no termination or cancellation of the contract. According to section 2-106(3), a party can invoke powers outlined in the contract to end the contract, which could lead to a breach of contract. Therefore, each party’s duties are liquidated unless there was a pending breach or performance. Further, section 2-106(3) outlines that there must be cancellation that can be exercised by any party to end the contract; however, in this case, no party enjoys any rights for remedy, breach, or performance of prior undertakings.

Lastly, as a rule, offer and acceptance are crucial elements of a contract. According to section 2-206(1) (a) an offer to enter into a contract can be understood as welcoming acceptance in whichever form or through any medium considered rational under the circumstances. Cloud Corporation could have interpreted the need to change the formula as an offer from Hasbro even though it was not written down.

In general, the UCC provides a foundational platform upon which parties can engage and collaborate. The framework provides guidance on various business engagements. Cloud Corporation can learn from the UCC and apply various elements as discussed above if Hasbro fails to honor its end of the bargain. The UCC has many components that support good business practices and has been resourceful around the country. The UCC is applied across many states that use it as a guide for establishing more laws to guide businesses appropriately.

Agency law refers to a set of business laws that govern contractual, quasi-contractual, and non-contractual fiduciary relations. They involve the principal, the third party, and the agent – a person working in the name of and the best interest of the principal (Macgregor 2020). Regarding employee commitments, the employee acts as an agent to their employer from the agency law, in this case, the employing company. The employee is therefore expected through the agency law to maintain the confidentiality of their company. Confidentiality includes avoiding sharing the company’s secrets such as their strengths, weaknesses, opportunities, threats, and even the profits they accrue annually. Other companies may use such information to suffocate their employer in the market economically.

The agency law also expects the employee to be obedient by performing their roles diligently and following the rules under which their company operates. According to the law, the employee should be accountable for all spent funds in the organization where need be. In light of the employee’s role concerning confidentiality, employees should be committed to their employing company. Even as they commit to any other company, they need to maintain confidentiality, obedience, and accountability to their employer. Failure to meet the above-stated needs calls for punishment as outlined by the company’s rules.

The Uniform Commercial Code (UCC) is a body of laws that govern commercial and business transactions (Gabriel 2017). If a company decides to stop the shipment of products from their subcontract supplier, the decision must be taken with caution as it may attract legal repercussions. The company shipping products acts as a principal for its contractors and subcontractors. A breach of their contract with the subcontractors may force the shipping company to cater for the entire purchase of all the ordered goods, whether faulty or non-compliant and vice versa for the subcontractors if they break their contract. Because failure to comply as per the UCC as guideline attracts serious consequences, every party must be cautious with their commercial moves.

References

Gabriel, H. (2017). Uniform Commercial Code Article Two Revisions: The view of the Trenches. Barry Law Review., 23, 129.

Macgregor, L. (2020). Agency law: Continuity and change. In Research Handbook on International Commercial Contracts. Edward Elgar Publishing.

Introduction

It is universally accepted that schools are the most appropriate venues from where knowledge and skills can be imparted to students. Policy makers and educators all over the world try to come up with the best form of education for the school-aged citizens. In the Asian high schools, educators make use of policies that are aimed at promoting the best outcome from students. One of the policies widely applied by high schools in South Korea, China, and Japan is mandatory school uniforms.

Proponents of this policy argue that it leads to the best educational outcomes by students. However, this view is not unanimous and opponents of the policy asset that students should have the freedom to wear regular clothes. This paper will set out to argue that the school uniform policy in Asian high schools should be abolished since the policy prevents students from having individuality. The paper will demonstrate that the uniform policy is unjustifiable since in one of its core aspiration, which is to enhance discipline among students.

Why the Uniform Policy should be Abolished

By being forced to dress in a certain way, school uniforms limit a student’s individuality. The school uniform promotes conformity as all senses of individuality in the student are blurred when they are forced to wear similar outfits.

Han declares that the uniform policy ends up covering the differences that exist in the school setting. The school uniform policy ignores the reality that we live in a diverse world where people have different tastes and preferences. This diversity is informed by the cultural background and individual experiences of the individual.

When students are allowed to wear unique clothes, they have the avenue to express their unique individuality and celebrate the differences that exist amongst themselves. One argument made by proponents of school uniforms is that it equalizes students and ensures that there is no distinction among students. By wearing uniforms, there is no opportunity for class or social distinction since wealthier students and poorer students are all forced to dress in the same way.

However, the fact is that differences exist among individuals in society. Instead of looking for ways to suppress these differences, schools should promote good relationships among students of varying cultural and socio-economic backgrounds. Some researchers argue that by suppressing the individuality of the student, the uniform policy prevents the society from addressing issues such as inequality and stereotyping.

The conformity promoted by the uniform policy has a negative impact on student creativity. When students are allowed to wear their normal home clothes, they have an opportunity to demonstrate their creativity. Schools that do not have a mandatory uniform policy also convey a spirit of innovation and originality.

In such an environment, students are inspired to exercise their creativity. Creativity is necessary for the future prosperity of the society since it leads to new inventions and innovations. As institutions that nurture skills and promote the development of talents in students, schools are supposed to promote creativity.

By encouraging uniformity, the school uniform policy extinguishes the flame of creativity in students making them less productive members of the society. School uniforms also decrease the independence of students since educators encourage individuals to act in a similar fashion. Nemoto declares that uniforms have a negative effect on the development of student’s independent spirit. The uniform policy therefore discourages a culture of innovation among the students.

The school uniform policy violates the rights of the student since they are denied their freedom of choice and expression. Even through students are not fully self-reliant citizens, they are entitled to some basic rights in society. One of these rights is the freedom of expression, which articulates the right of the student to express himself to the public as long as it is in an appropriate manner.

Studies indicate that most students, especially from urban areas, have a poor perception of school uniforms. However, they are still obligated to wear the uniforms since it is mandatory school policy. The uniform policy is therefore perceived by many as an infringement on their freedoms. In most cases, students in Asian high schools are unable to demonstrate against the perceived injustice against them.

As such, school uniforms promote compliancy even when those in authority are trampling upon the rights of the individual. Opponents of the school uniform policy assert that it leads to the formation of students who are unlikely to value the ideals of freedom of expression. In the Asian countries, students are displeased with the imposition of the uniform policy.

However, they have to wear their uniforms and there is little public opposition to the policy. Greater priority is placed on respect and obedience to the authorities. Amita suggests that school uniforms encourage a subservient attitude by the student. This attitude is carried forward into the society where students will continue to demonstrate great obedience to the authorities even when they feel that their rights are being infringed upon

Arguments in Support of Uniform Policy and Refutations

Advocates of the school uniform policy in Asian high schools argue that uniforms eliminate competition among students as each student has the same outfit.

They further contend that wearing a school uniform decreases non-academic distractions since students will not waste time wearing flashing clothes to impress their peers. These assertions are supported by research findings by Firmin and Smith, which demonstrate that competition exists among high school students and many students wear particular clothes for the express reason of showing off to their friends.

Teachers and parents are of the opinion that uniforms can eliminate teasing and competition among peers. While mitigating competition and teasing in high schools is a noble endeavor, uniforms may not be the solution to this problem. Studies demonstrate that uniforms are unlikely to alter negative interactions among students at school. Even when in uniform, students still engage in deleterious acts such as teasing and bullying.

Competition is still rife with students looking for new avenues to show off to their peers. In Japan, some students decorate their clothes or wear bright accessories to differentiate themselves from others. The competition elimination role that school uniforms supposedly play is therefore not realized in the Asian high schools.

School uniform policy supporters believe that school uniforms encourage good behavior and conformity by students. In most cases, teachers promote the enforcement of uniform policy since they believe that if students are allowed to show individuality or originality in appearance, they are more likely to be rebellious against teachers or school rules.

The psychological development of high school students increases the likelihood that they will engage in rebellious behavior. Research indicates that there are instances where mandatory a school uniform policy leads to the reduction in problem behaviors among the students.

However, the relationship between implementing a mandatory school uniform policy and bad behavior mitigation is not always straightforward. Most studies that show an inverse relationship between school uniforms and the number of students’ problem behaviors fail to consider the numerous school safety initiatives that have an impact on student behavior. If these external factors are considered, it will be observed that school uniforms do not lead to a reduction in the frequency of students’ problem behaviors.

Educators are tempted to use the uniform policy as an easy way to control students’ problem behavior and create a safe school environment. However, research indicates that the uniform policy by itself does not fulfill these roles. In addition to this, there is evidence suggesting that imposing school uniforms on students might actually exacerbate the situation of problematic behavior.

In some Asian countries such as South Korea and Japan where teachers enforce the uniform policy strictly, incidents of rebellion are higher. Some students engage in bad behavior as a protest and deliberately break school rules or commit other misdeeds. Research by Rockquemore and Brunsma actually demonstrates that students who wore uniforms “had worse behavior problems than all other students.”

Supporters of school uniforms in Asian schools declare that uniforms prevent delinquent behavior by students outside the school setting. These advocates reveal that by forcing students to wear students, they are easily identifiable in the public and they are unlikely to engage in delinquent acts. Empirical tests confirm that uniforms may be effective in decreasing delinquent behavior such as vandalism, theft, and burglary since the person is easily identifiable as a student.

However, this preventative role only applies to students who are not motivated to engage in antisocial behavior in the first place. Research indicates that students who are motivated to engage will still find ways to carry out offenses even if they are forced to wear uniforms. Students can carry a change of clothing in a bag and therefore be free of their uniforms before getting home.

They can then engage in delinquent behavior without anyone noticing that they are students. Research by Rockquemore and Brunsma indicated that uniforms had no effects of the behavior of students and they did not promote positive behavior. Instead, any positive behavior was the result of social relations and values held by the students.

Advocate of school uniforms policy in high schools state that school uniforms improve the academic outcomes of students. This claim gives great weight to imposition of school uniforms among Asian schools since every stakeholder in the educational sector wants to see students achieve the best educational results. Some research findings on the impact of school uniforms on test scores suggest that there is a positive correlation between the two.

According to a research conducted by Bodine, students from schools were a uniform policy was implemented demonstrated better academic performance than students from schools where no uniforms were used. The idea that school uniforms increase academic performance has been refuted by further research. Kerry and Brunsma contend that the claims that uniforms increase student achievement are not supported by research findings.

Furthermore, research findings demonstrate that academic outcomes of students are determined by multiple factors including; student capability, teacher competence, school administrative policies, and student socio-economic status. It would therefore be very misguided to attribute good performance to the school uniform policy. Any attempt by educators in Asian high schools to utilize school uniforms to deliver high academic performance is bound to fail.

Discussion

The high school uniform policy is widely promoted by educators and policy makers in Asian countries. This overwhelming support for a uniform policy is prompted by perceived positive outcomes attributed to implementing such a policy.

The expansive implementation of the school uniform policy in high schools in Japan, South Korea, and China is not based on evidence from empirical studies on the positive outcomes from this policy. Research findings overwhelming show that there are limited positive results achieved by implementing the uniform policy in high schools. Students who wear uniforms do not demonstrate stronger pro-school attitudes or better behavior than their peers who do not wear uniforms.

Conclusion

This paper set out to argue that the school uniform policy should be abolished in Asian high schools. It began by highlighting that the uniform policy is enforced out of the perceived advantages to be gained by having students in uniform outfit. The paper has demonstrated that the uniform policy leads to negative outcomes by preventing individuality and creativity among students.

The policy also infringe on the freedom of expression that should be enjoyed by the students. The best society is one where citizens enjoy certain freedoms and are able to confront the authority when their freedoms are violated. From the arguments presented in this paper, it is clear that the uniform policy does not promote the development of such a society.

From the evidence presented in this paper, it is clear that the positive perception toward school uniforms is based on faulty assumptions. In reality, school uniforms do not have positive effects on the learning outcomes and behavior of students, or school climate in Asian high schools. The uniform policy should therefore be abolished in Asian high schools in order to avoid the numerous demerits attributed to them and therefore guarantee a better future for the students.

Bibliography

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Brunsma, David. The School Uniform Movement and What It Tells Us About American Education: A Symbolic Crusade. NY: R&L Education, 2004.

Brunsma, David and Rockquemore Kerry. “Statistics, Sound Bites, and School Uniforms: A Reply to Bodine.” Journal of Educational Research 97, no.2 (2003): 72-77.

Firmin, Michael and Smith Suzanne. “School Uniforms: A Qualitative Analysis of Aims and Accomplishments at Two Christian Schools.” Journal of Research on Christian Education 15, no.2 (2006): 143-168.

Gentile, Elisabetta and Imberman Scott. “Dressed for Success? The Effect of School Uniforms on Student Achievement and Behavior.” Journal of Educational Research 103, no.1 (2010): 17-31.

Gupta, Amita. Going to school in South Asia. Boston: Greenwood Publishing Group, 2007.

Han, Seunghee. “A Mandatory Uniform Policy in Urban Schools: Findings from the School Survey on Crime and Safety: 2003-04.” International Journal of Education Policy and Leadership 5, no. 8 (2010): 1-13.

Ishtiaq, Ahmed. The Politics of Religion in South and Southeast Asia. NY: Taylor & Francis, 2011.

Nault, Derrick. “The State and Uniform Policy.” Asia Journal of Global Studies 3, no. 1 (2003): 40-49.

Nemoto, Yasuhiro. The Japanese Education System. NY: Universal-Publishers, 1999.

Rockquemore, Kerry and Brunsma David. “Effects of student uniforms on attendance, behavior problems, substance use, and academic achievement.” The Journal of Educational Research 92, no. 1 (1998): 53-62.

Seth, Micheal. Education fever: society, politics, and the pursuit of schooling in South Korea. Hawaii: University of Hawaii Press, 2002.