Recent orders
A Chinese Exclusion Act
A Chinese Exclusion Act
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The Chinese exclusion act was enacted in the year 1882, restricting illegal immigration of the Chinese into the United States of America. The law did not only put strong restriction measures but also denied citizenship to those already present. The majority of Americans complained that the Chinese were taking up most of their jobs even though their numbers were negligible. The act, therefore, was enacted in response to these demands claiming a reduction of wages and poor economic returns because many Chinese workers offered cheap labor. During the 179th century, racism was prevalent in most significant parts of the United States. The major factor contributing was, therefore, response to racism and an escape from earning low wages by the Americans.
Current debates argue that the Chinese arrived in the United States for the same reason as everyone. Their goal was to find better economic opportunities and build successful lives for themselves and their families. Those who arrived early struggled to fit into the US economy and lived in fear of arrest and deportation. Many immigrants considered having achieved the American dream upon entering America. They would settle in city enclaves because of cheap housing, entry for available employment opportunities, and support from members of their ethnic groups. Recently, there has been an increase of Asian immigrants into the USA, resulting from the restructuring of the American immigration policies. The changing global, political, and economic factors have led to a change of immigration patterns, facilitating the shift of the immigration pattern.
The early Chinese immigrants passed through traumatic experiences while arriving in the United States. For example, David Leong traveled for 20days in a boat trying to memorize the names of his fake parents and siblings who lived in particular blocks in the USA. He was only an eight-year-old boy at the time of his immigration. He stated how he escaped war and deplorable conditions in China to look for a better life in the USA. While in Angel Island, together with other immigrants, they experienced fear, and many of them attempted suicide because they could not leave the island. They wrote their melancholic frustrations on the walls inside the building held against their will. To them, this was an island. Recently, many Chinese families live in embarrassment and fear of possibly being victims of deportation. They always question their descent, especially when their forefathers fail to reveal the truth to them. As seen from the discussion, other minority groups such as the black, Hispanics, Latino Americans share a similar experience with the Chinese Americans. Most of their ancestors entered the US territories through illegal means, aiming to live the ‘American dream.’ In many instances, they have been discriminated based on race, especially in work opportunities.
Paper sons and daughters are immigrants who entered the USA claimed blood relations to Chinese American families who had already gained US citizenship by presenting fake documents. Hence, they are illegal immigrants. Everyone who considers moving to the US should understand rules on immigration. The authorities, not to include the larger society, should handle those who break these rules individually. Moreover, ethnicities should not strive for dominance on who is better than the other, instead focus on working to improve the economy.
Recently, there has been an influx of immigrants from various ethnicities. The newer generation of immigrants is no longer staying in the overcrowded and metropolitan areas for ethnic enclaves. Moreover, these new generations are financially stable, which enables them to maneuver their way into the US economy with ease. They can comfortably engage in grassroots leaderships and electoral politics, compared to the past when they faced racial segregation, which barred them from having better job opportunities and political representativeness. Learning from the Chinese Exclusion Act, immigrants have the role of contributing to a robust economy, culture, improved homesteads, and improved working conditions for the working immigrants.
Bibliography
ADDIN ZOTERO_BIBL {“uncited”:[],”omitted”:[],”custom”:[]} CSL_BIBLIOGRAPHY Dunigan, Grace. “The Chinese Exclusion Act: Why It Matters Today” 8, no. 8 (2017): 82–87.
Lui, Richard. Https://Www.Youtube.Com/Watch?V=Hhc-Om3SXKw, 2009.
“The Nativist Response,” 706, n.d.
A chart summarizing the powers and functions of the three branches of Arizonas government
Arizona government
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A chart summarizing the powers and functions of the three branches of Arizona’s government
Arizona government state is made up of three separate branches, thus, the Judiciary, Executive and Legislature (Hull, 2010).
Judicial
The judicial branch consists of the Arizona Supreme court, court of Appeal, Superior Court and the minor courts.
The Superior Courts
The superior court handles felony cases as well as hears laws and cases of equity that involves the possession of real property and misdemeanors.
Supreme Court
The governor appoints five justices that sit on the Arizona Supreme Court which has administrative supervision on all the courts. The chief justice exercises the supervision powers.
Court of Appeal
The court of Appeal reviews appeals from Industrial Commission, rules over unemployment compensation within the Security Economic Department as well as the Arizona Tax court.Minor court hear petty offenses and covers jurisdiction over lawsuits below 5000$
Executive
The Executive branch members are selected by the Arizona people by voting. The members include the Superintendent of public Instruction, the Governor, the state treasurer, Secretary of state and the Attorney General.
The Executive branch has 130 agencies, authorities, departments, institutions commissions, boards, administrations, registrars, councils and offices. It is assigned to several departments thus; Department of Commerce, Department of Agriculture, Department of Transportation and Department of Economic Security.
This branch of organization performs the day to day business of state of government and carrying out law (McClory, 2010).
Legislature
The legislative consists of the Arizona House of Representatives, the Arizona Senate and the Office of the Auditor General, Legislative Council as well as the Joint Legislative Budget Committee.
The legislative branch makes and amends laws
Makes budget on how to spend and raise money from taxes
The president and the speaker are found in this branch
The president and the speaker appoint chairs to the standing committees and removes others as well as deciding when to pass a bill
The people of Arizona and the members of the senate propose a law to this branch
The Minority Leader sets party policy and legislative programs as well as whipping to ensuring that the needed votes are on the floor guaranteeing the channel for a flavored legislation (McClory, 2010)
Outline the procedures for Amending the Arizona Constitution.The Arizona Constitution amendment and the guiding principles as well as the main principles are initiated by the people of the state since they have power. This is enhanced through getting a signed petition by many voters approximately fifteen percent of the governor’s vote cast. The proposed amendments are later renounced to the state people to vote in an election. When majority votes approve the amendment, then it becomes a constitutional bill (Hull, 2010).
Analysis on the amendment process for the Arizona Constitution
I believe the Arizona Constitution is a fair process regarding its study. Most states power of government is placed in the hands of the politicians to choose and vote but, the Arizona constitution puts government’s power in the hands of the citizen. The Arizona Constitution amendment process does not give too much power to its citizen since the government is created to guide, help and protect them. It is rational that the Arizona people have the most power to vote but yet does not have too much power (McClory, 2010).
Moreover, Arizona has been the forty-eighth state that has been admitted in to the union and the Arizona citizens have been able to learn from previous mistakes of other states that they have been feeling it worked as well as what they have been feeling it should be different. I believe the progressive framers would endorse of the way the amendment process has been used thus far. This is because it has been created with huge reflection leading the processes that had been in place within other states and these are the reasons for the Arizona constitution to be consequently long. The progressive movement coincides with the Arizona Constitution because both are strict with the fact that the Arizona people posses the highest power. This encourages a direct democracy that ensures the Arizona people are part of the progressive movement of putting ends to any political, economical and social injustice (Hull, 2010).
Additionally, the three major principals of direct Initiative, democracy, recall and referendum are in maintaining the extreme principals of the Progressive framers as well as the way the process has been run thus far.
Reference
McClory. (2010). Understanding the Arizona constitution. (Illustrated ed., p. 269pages). United
States of America: University of Arizona Press.
Hull, J. D. (2010). Arizona constitution – United States constitution. (2nd ed., p. 52pages).
United States of America: The office.
Law and Ethics in Business
Law and Ethics in Business
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Institution
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Law and Ethics in Business
Introduction
The employment at will doctrine exists in the United State employment laws that states that either party in the employment relationship can severe the relationship with no liability, so long as there was no definite contract for a definite term of employment governing the relationship, and that the employee does not belong to any union or bargaining group.
Skills, Competence, and Abilities
According to Stone, (2007), the employees’ skills, competencies, and abilities are to test in this scenario. She is unable to perform as per the standards of the employer, even after the employer has trained her for three months on the computer applications relevant to her performance at work. The firm is legally allowed to to fire her based on the employment at will doctrine, because their is no apparent reason why she cannot be productive and efficient in completing her tasks. In most cases the descriptive requirements of the competencies required are always written in the job profile, and qualified by the level at which the job should be performed. She does not have any disability that cannot enable her to perform her duties. For the employer to reduce any risks, or liability on its part, is by modifying the contract to include situations or employee actions that would lead to termination for cause.
In this case the reason or cause for termination is poor performance, which provides the legal implications for the employee verses the employer. The employer is free to fire the employee without fearing legal process to be found liable for breach of any contract. This particular case has no exceptions to the employment at will doctrine (Budd, 2004).
Management, Behaviour, and Performance
The employees’ behaviours are against the behaviour policies of the company, such as the company late policy of which the employee is aware of. Her rage and kind of response when criticized is not responsible at all. The company is not particularly free of incurring legal liability in the case of the employee’s outbursts when confronted. There could be many factors that make her behave in this manner, such as psychological factors in her upbringing, her emotional maturity, her values, and her personality. Given that she asserts that she knows her rights and what to do, maybe she has seen some loophole in the employer’s handbooks, policies, and practices. But for the case of coming late to work, the employer is free to terminate her employment, because this is well stated in the company’s late policy. Employees must arrive on time to work, follow orders, accept limited freedom of speech, and conform to a host of regulations (Glynn, Arnow, &, Sullivan, 2007).
The legal implications for the employer verses employee relationship is that the employer is free to give orders to the employee who must be followed, the employee has limited speech, so she should control the kind of words she uses to respond to the criticism. There would be no wrongful termination on the part of the employer in relation to the employee reporting to work late. For her outbursts, the employee may actually know something from her undergraduate on the exceptions to the employment at will doctrine and wrongful discharge in violation of public policy. But public policy does not protect the employee as the company has not violated any public interest. The employer preventive measures to avoid legal liabilities are having concrete evidence on the employee’s late reporting, and only to stick to this cause for termination. The exceptions may only arise in the case of the employee’s outburst when confronted (Don, 2007).
Labour and Laws
The employee took a day off without the management’s consent. From this point of view, the company has the right to fire the employee. Because, the management had clearly notified all the employees, that they were not allowed to take off without prior management’s approval. In this perspective, it is the employee who is liable for dismissal, because, the employee could have informed the management of her religious commitments on this particular day that fell during the tax season, which is very important to the company. The management could not have discriminated her on religious grounds, and may have allowed her to attend her religious holiday.
On the other hand, Tichy, (1997), argues that the management should be a little cautious, as she has been trying to gain the support of the other employees to organize or form a workers union to protect themselves. Unfortunately, there is no labour union for accountants. If she manages to convince her fellow workers to form this union, then if the management fires her, the company would risk incurring liability depending on the apparent ruling of the courts. The legal implications of this scenario on the employer verses employee relationship is that the employer can fire the employee on the basis of on call work schedule that depends on the employers need that all employees be present on the day of the tax season. This leaves the employee as the vulnerable party for dismissal.
The employee can also be dismissed on the basis of not following management’s orders to be present at work on that particular day. The exceptions to the employment at will in this case would be statutory provisions that prohibit the discharge for other than good cause after a designated probationary period. The employee has the right to challenge a dismissal in court or an arbitrator. The employee can also challenge that she was not given any warning before the termination, and that she is a first offender. The employer can protect themselves of incurring a legal liability based on implied contracts by using a clear and unambiguous disclaimer on written materials stating that that its policies and procedures do not create contractual rights (Budd, 2004).
Policies and Procedures
This is little bit tricky case in the sense that it is the supervisor who first approached the employee for the dating escapades. The firm would be on the cross roads to determine how exactly the relationship started between the employee and the supervisor. From the supervisors part, the company faces some risk of incurring legal liability. The management should move cautiously in this scenario before terminating the employee, by conclusively investigating the nature of the relationship.
The company should not be allowed to terminate to fire her based on the employment at will doctrine. It is the supervisor who is the main culprit, because he consistently pressurized the employee to take her out on dates, which she initially refused. This could be a case of intimidation from the part of the supervisor. The employee was later convinced by her girlfriend to accept the supervisor’s advances, which she later began having consensual relationship with the supervisor. This was definitely wrong on the part of the employee who was well aware of the company policy which prevented employees from dating their supervisor, and was provided with the employee handbook with the written policy. On that perspective the company has the right to fire the employee (Glynn, Arnow, &, Sullivan, 2007).
There are many legal implications on the relationship between the employee and the employer. The company fears no liabilities if the employee cannot prove that it is the supervisor who started the whole idea of getting into a consensual relationship, the burden of prove that lies on the employee, is also very tricky if her girlfriend can be a witness, to defend her that it is the supervisor who started pressurizing her. The supervisor also risks losing his job if the employee can prove his intensions. The employer should have some preventive measures in place to avoid incurring a legal liability. The evidence of the clause that prohibits employees to have consensual relationships should be very clear on the nature of the relationships. The employer should also have concrete evidence of the existing relationship between the employee and the supervisor, and that actual nature of their relationship. Therefore, the company should conduct thorough investigations before rushing to tackle action on terminating the services of the employee. The exceptions that exist in this scenario can be interpreted as, Additional Tort Based Claims Limiting at will employment. The particular tort would be Intentional Interference with a contract. This is a claim that the employee may allege that the supervisor induced or intimidated her to a consensual relationship with ulterior motives to influence her dismissal
REFERENCES
Glynn, P, Arnow-R, &, Sullivan, C. (2007). Employment Law: Private Ordering and Its Limitations. New York: Aspen Publishers,
Stone, W, (2007) “Revisiting the At-Will Employment Doctrine: Imposed Terms, Implied Terms, and the Normative World of the Workplace,” Industrial Law Journal
Don M, (2007). The [Missing] Ethical Development of the Strategic Leaders of the Army Profession for the 21st Century,” conference paper, XIII Annual Strategy Conference, Carlisle, PA, April 10, p. 2.
Tichy N, (1997). The Leadership Engine, New York: Harper Business, p. 26.
Budd W, (2004). Employment with a Human Face: Balancing Efficiency, Equity, and Voice Ithaca: Cornell University Press, , 86-88.