Thursday, December 26, 2019

US v. Wong Kim Ark

United States v. Wong Kim Ark, decided by the U.S. Supreme Court on March 28, 1898, confirmed that under the Citizenship Clause of Fourteenth Amendment, the United States government cannot deny full U.S. citizenship to any person born within the United States. The landmark decision established the doctrine of â€Å"birthright citizenship,† a key issue in the debate over illegal immigration in the United States.   Fast Facts: United States v. Wong Kim Ark Case Argued: March 5, 1897Decision Issued: March 28, 1898Petitioner: United States Government Respondent: Wong Kim ArkKey Question: Can the U.S. government deny U.S. citizenship to a person born in the United States to immigrant or otherwise non-citizen parents? Majority Decision: Associate Justice Gray, joined by Justices Brewer, Brown, Shiras, White, and Peckham.Dissenting: Chief Justice Fuller, joined by Justice Harlan (Justice Joseph McKenna did not participate)Ruling: The Citizenship Clause of the Fourteenth Amendment grants U.S. citizenship to all children born to foreign parents while on American soil, with a limited set of exceptions. Facts of the Case Wong Kim Ark was born in 1873 in San Francisco, California, to Chinese immigrant parents who remained subjects of China while residing in the United States. Under the U.S. Constitution’s Fourteenth Amendment ratified in 1868, he became a citizen of the United States at the time of his birth. In 1882, the U.S. Congress passed the Chinese Exclusion Act, which denied U.S. citizenship to existing Chinese immigrants and banned the further immigration of Chinese laborers into the United States. In 1890, Wong Kim Ark traveled abroad to visit his parents who had permanently moved back to China earlier the same year. When he returned to San Francisco, U.S. customs officials allowed his re-entry as a â€Å"native-born citizen.† In 1894, the now 21-year-old Wong Kim Ark went back to China to visit his parents. However, when he returned in 1895, U.S. customs officials denied him entry on the grounds that as a Chinese laborer, he was not a U.S. citizen.   Wong Kim Ark appealed his denial of entry to the U.S. District Court for the Northern District of California, which ruled on January 3, 1896, that by virtue of having been born in the United States, he was legally a U.S. citizen. The court based its decision on the Fourteenth Amendment and its inherent legal principle of â€Å"jus soli†Ã¢â‚¬â€citizenship based on place of birth. The U.S. government appealed the district court ruling to the United States Supreme Court.   Constitutional Issues The first clause of the Fourteenth Amendment to the U.S. Constitution—the so-called â€Å"Citizenship Clause†Ã¢â‚¬â€bestows full citizenship, along with all rights, privileges, and immunities of citizenship, on all persons born in the United States, regardless of the citizenship status of their parents. The clause states: â€Å"All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.†Ã‚   In the case of United States v. Wong Kim Ark the Supreme Court was asked to determine whether or not the federal government, contrary to the Fourteenth Amendment, had the right to deny U.S. citizenship to a person born in the United States to immigrant or otherwise non-citizen parents. In the words of the Supreme Court, it considered the â€Å"single question† of â€Å"whether a child born in the United States, of parent[s] of Chinese descent, who, at the time of his birth, are subjects of the Emperor of China, but have a permanent domicile and residence in the United States, and are there carrying on business, and are not employed in any diplomatic or official capacity under the Emperor of China, becomes at the time of his birth a citizen of the United States.† The Arguments   The Supreme Court heard oral arguments on March 5, 1897. Lawyers for Wong Kim Ark repeated their argument that had been upheld in the district court—that under the Citizenship Clause of the Fourteenth Amendment and the principle of jus soli—Wong Kim Ark was an American citizen by virtue of having been born in the United States.   Presenting the federal government’s case, Solicitor General Holmes Conrad argued that since Wong Kim Ark’s parents were subjects of China at the time of his birth, he was also a subject of China and not, according to the Fourteenth Amendment, â€Å"subject to the jurisdiction† of the United States and thus, not a U.S. citizen. The government further argued that because Chinese citizenship law was based on the principle of â€Å"jus sanguinis†Ã¢â‚¬â€that children inherit the citizenship of their parents—it trumped U.S. citizenship law, including the Fourteenth Amendment.   Majority Opinion On March 28, 1898, the Supreme Court ruled 6-2 that Wong Kim Ark had been a U.S. citizen since birth and that â€Å"the American citizenship which Wong Kim Ark acquired by birth within the United States has not been lost or taken away by anything happening since his birth.†Ã‚   In writing the courts majority opinion, Associate Justice Horace Gray held that the Citizenship Clause of the Fourteenth Amendment must be interpreted according to the concept of jus soli as established in English common law, which allowed only three exceptions to birthright citizenship:   children of foreign diplomats,children born while on board foreign public ships at sea, or;children born to citizens of an enemy nation that is actively engaged in hostile occupation of the country’s territory.   Finding that none of the three exceptions to birthright citizenship applied to Wong Kim Ark, the majority concluded that â€Å"during all the time of their said residence in the United States, as domiciled residents therein, the said mother and father of said Wong Kim Ark were engaged in the prosecution of business, and were never engaged in any diplomatic or official capacity under the emperor of China.†Ã‚   Joining Associate Justice Gray in the majority opinion were Associate Justices David J. Brewer, Henry B. Brown, George Shiras Jr., Edward Douglass White, and Rufus W. Peckham.   Dissenting Opinion Chief Justice Melville Fuller, joined by Associate Justice John Harlan, dissented. Fuller and Harlan first argued that U.S. citizenship law had broken away from English common law after the American Revolution. Similarly, they argued that since independence, the citizenship principle of jus sanguinis had been more prevalent in U.S. legal history than the birthright principle of jus soli. When considered in the context of U.S. versus Chinese naturalization law, the dissent argued that â€Å"the children of Chinese born in this country do not, ipso facto, become citizens of the United States unless the Fourteenth Amendment overrides both treaty and statute.† Citing the Civil Rights Act of 1866, which defined U.S. citizens to be â€Å"all persons born in the United States and not subject to any foreign power, excluding Indians not taxed,† and had been enacted just two months before the Fourteenth Amendment was proposed, the dissenters argued that the words â€Å"subject to the jurisdiction thereof† in the Fourteenth Amendment carried the same meaning as the words â€Å"and not subject to any foreign power† in the Civil Rights Act. Finally, the dissenters pointed to the Chinese Exclusion Act of 1882, which prohibited Chinese immigrants already in the United States from becoming U.S. citizens.   The Impact Ever since it was handed down, the Supreme Court’s United States v. Wong Kim Ark ruling upholding birthright citizenship as a guaranteed right by the Fourteenth Amendment has been the focus of intense debate regarding the rights of foreign minorities born in the United States who claim U.S. citizenship by virtue of their place of birth. Despite many court challenges over the years, the Wong Kim Ark ruling remains the most-often cited and upheld precedent protecting the rights of persons born to undocumented immigrants who were—for whatever purposes—present in the United States at the time of their children’s births. Sources and Further References â€Å"United States v. Wong Kim Ark.† Cornell Law School: Legal Information InstituteEpps, Garrett (2010). â€Å"The Citizenship Clause: A ‘Legislative History’.† American University Law ReviewHo, James C. (2006). â€Å"Defining American: Birthright Citizenship and the Original Understanding of the 14th Amendment.† Green Bag Journal of Law.Katz, Jonathan M. â€Å"Birth of a Birthright.† Politico Magazine.  Woodworth, Marshall B. (1898). â€Å"Who Are Citizens of the United States? Wong Kim Ark Case.† American Law Review.

Tuesday, December 17, 2019

causes of social stratification in named caribbean society

Question: Describe the causes of social stratification in the Caribbean countries. In every known human society there is form of social inequality. This system was derived from events that took place some years ago. Social stratification can be class under the system of Plantation System and Social Mobility. According to Jenniffer Mohammed- Caribbean studies (2011). This rank or position in the social hierarchy is the lowest stratification occupied by the poorest groups who have a low status. The Caribbean stratification has been influence by its history of colonialism plantation slavery. Based on the plantation system the society was rapidly divided into the labour system and ownership, race and†¦show more content†¦The social mobility is influenced by many different things. Education is often cited as a big factor in social mobility, and people who come from lower-class backgrounds often see schooling as a means to learn skills that will open up opportunities in later life. In the 1900’s societies in the Caribbean began to change because educatio n and also marriages. Also the educated men enjoy professional status in society they would go and come back and married light skin women who have money. However, education wasn’t always the way to achieve social mobility in some case. For starters who came from poverty homes of lower class, the colleges and universities charge exorbitant enrolment fees was deter from of certain social classes. The quality of a school can also increase the price of living in a certain area, which can then indirectly exclude some pupils from managing to progress socially education. Therefore as far as downward social mobility goes, economic rising unemployment is major contributors to the growth of the lower social classes. 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Monday, December 9, 2019

L&D at Lloyds UK Lloyds Banking Group

Question: Write an essay on LD at Lloyds. Answer: 1. Introduction UK Lloyds Banking Group is a major financial institution in British (Schoenmaker, 2014). The organization is currently undergoing a major restructuring and in the interest of increasing cost to income ratio is laying off 9000 employees. The layoff is of the physical branches that are barely used due to revolution of online banking. The organization has committed to improve their IT services to ensure that the negative impact of a reduced workforce is effectively reduced. Also, to ensure that the negative impact stays minimum, Lloyds have decided to support the front line managers through LD programs. To succeed in the same, the learning needs of the line managers need to be addressed (Senge, 2014). The below report analyzes methods to identify LD needs, the context in which LD needs arise, how LD effects organizational performance and compares various techniques and methods of learning. Furthermore, an understanding of how these needs can be met and validating the effectiveness of the same in reported below For the case of Lloyds the report identifies coaching and induction as the best way to meet the learning needs of line managers. The other learning methods such as mentoring and shadowing have been considered but rejected as the same are not effective with a reduced workforce. The needs would be majorly met through focus groups, observation and discussion, online training and on job experience, keeping in mind the limited availability of branch staff and management (Liben, 2013). Also, the above LD plan is initially deployed only in selected branches of Lloyds to test the increase in performance data and accordingly reconfigure the LD plan if required 2. LD needs 2.1 Methods to identify LD needs Organizations are increasingly recognizing the need for human resource development. Learning and Development is one of the key methods to ensure efficient workforce. The LD program designed should be aligned to the business needs and priorities to achieve value. Also, the program should be cost-efficient delivering performance improvement and effective career development. Hence, it is no wonder that organizational requirements and priorities have to be initially identified to understand LD requirements (Moon, 2013). Organizational Requirements at Lloyds: Develop skills of the existing workforce to ensure minimum negative impact of the layoff Develop an efficient LD practice to ensure that the organizational restricting does not affect the financial output of the organization To be the best bank for customers Ensure customer satisfaction by providing quick and efficient services To ensure minimum errors and complaints that may lead to damage of reputation (Kolb, 2014) Note that all the above mentioned requirements are fulfilled by Line mangers and hence enhancing their skills is crucial. Need analysis can be made through Document research: Reviewing the various documents on business plans, goal statements, critical issue reports, staffing reports and so on. Interviews: Talking to both senior and junior employees to understand what they need to achieve the companys goals Observations: Watching how tasks are being done and how they can be changed to meet the business requirements Surveys: Collecting requirements through questionnaire Group discussion: Conducting discussion groups. (Edwards, 2013) In case of Lloyds all the above method analysis techniques have to be optimally implemented to understand the programs that need to be developed to support line managers to work in a limited workforce environment. 2.2 What leads to LD needs LD needs are required in cases where an improvement in the skills of the employees of the organization is needed. LD is present in Lloyds at all levels as learning is a continuous process that leads to efficient employees and management, also ensure professional development. The below are some of the contexts where the requirement of LD is high Organizational Restructuring: A change in the organizational design and business process is one of the key factors that raise the need of LD. To redefine how an organization works, the employees of the organization should be trained first to be change ready and later be ready to learn and understand the processes in place (Robbins, 2013). Layoffs: When a reduction in workforce is seen, it is obvious that the remaining employees would have to compensate for the loss. To make sure that the impact of layoff is kept to minimum, the existing workforce has to be trained and their skills need to be sharpened (Guthrie, 2014). Performance Improvement: To ensure increase in productive levels of employees Professional development: To ensure all round development of employees Cost-effective labor: To help employees perform multiple tasks at one go. An efficient and skilled employee would be able to work quickly and be effective at assisting a customer. The knowledge acquired through various learning activities would help the employee, deal with the customer in an improved manner, ensuring that the customer is satisfied. All this inevitably leads to improvement in the organizational performance, as organization itself is made up of employees and the development of an employee directly effects the organizational performance. 2.3 Learning Methods and techniques In the context of Lloyds, four main learning methods are identified. Coaching: It is a one-on-one discussions of employees to understand the learning needs and focuses on improving performance and development skills of individuals. The coach observes, listens to what the line manager is doing and guides him to align his work to the business requirements (Crane, 2014). Coaching is usually done by an experienced managers who themselves are trained in delivery the business requirements Mentoring: It is extremely similar to coaching and hence the words are used interchangeably. However, mentoring usually involves highly skilled managers who have focused experience on a particular job and are expert in one key area (Johnson, 2015). These managers guide the line manager to improve the skills of line managers. Shadowing: It is more of an on job training where the trainee follow the trainers to observer how the trainer work on various tasks and handle customers Material Learning: This method provides documents written on various business process and the trainee has to read through all of them and give a written test to improve skills Of the above mentioned methods Coaching and Mentoring are considered by Lloyd as these can be done even if focused group setup. Due to the reduce in workforce shadowing is not ideal and material learning is time consuming 3. How are LD needs met 3.1 LD Interventions To meet the LD needs, Lloyds can use two main methods of learning intervention. Induction: Induction is the process of helping the employees get accustomed to the new environment of work. The induction program comprises of orientation, where the expectation from the employee and the business requirements are clearly explained. All the key policies, functions, an introduction to senior employees and so on are done to help the employees understand their role in the organization (Kutsyuruba, 2015). At Lloyds orientation would be done to all the new front line managers to set expectations and goals, and provide them a socializing platform with their mentors. The available training programs, LD policies, departmental organization, performance management system etc., would be detailed to the employees E-learning: One other effective learning intervention is e-learning. An e-learning portal can be established to provide formal training, through recorded sessions by various managers, online documentation, webinars, virtual learning environments and so on. The major advantage with e-learning activities is that the training sessions can happen from anywhere around the world and it is not necessary to gather groups in one place (Marquardt, 2014). E-learning followed by coaching and mentoring will provide a complete LD program for the line managers of Lloyds. 3.2 Understanding the learning methods efficiency The LD program has induction as its first action, where the line managers are explained their roles and responsibilities, the business requirements and are informed regarding the various LD programs both mandatory and optional they would have to undergo, to achieve organizational goals. The second step is to conduct e-learning sessions, where all the basic material that helps the employees understand how things work and how they need to work to ensure customer satisfaction. Several classes on soft skills are also delivered as a part of the activity (Robles, 2012). Then the line managers has focused group discussions with the senior management to understand if all the formal learning needs have been fulfilled. The line managers are then divided into smaller groups and are coached by senior managers as a part of on job training. In case a line manager requires additional intervention mentoring is done. 4. Conclusion The LD practices of coaching and mentoring when combined with induction programs and e-learning activities can prove to be highly beneficial especially in contexts where a reduction in workforce is seen. However, this strategy is designed based on the business requirements at Lloyds. The same may not be true for all organizations and hence, a critical need analysis should be done to develop LD programs for individual organizations. 5. References Crane, T.G. and Patrick, L.N., 2014. The heart of coaching: Using transformational coaching to create a high-performance coaching culture. Edwards, G., Elliott, C., Iszatt-White, M. and Schedlitzki, D., 2013. Critical and alternative approaches to leadership learning and development. Management Learning, 44(1), pp.3-10. Guthrie, J.P., Li, P. and Meschke, F., 2014, January. Layoffs, Affective Human Capital, and Firm Performance. In Academy of Management Proceedings (Vol. 2014, No. 1, p. 15663). Academy of Management. Johnson, W.B. and Ridley, C.R., 2015. The elements of mentoring. Macmillan. Kolb, D.A., 2014. Experiential learning: Experience as the source of learning and development. FT press. Kutsyuruba, B. and Walker, K., 2015. The Role of Trust in Developing Teacher Leaders Through Early-Career Induction and Mentoring Programs. Antistasis, 5(1). Liben, L.S. ed., 2013. Development and learning: conflict or congruence?. Psychology Press. Moon, J.A., 2013. Reflection in learning and professional development: Theory and practice. Routledge. Marquardt, M.J., 2014. Building the learning organization: Mastering the 5 elements for corporate learning. Nicholas Brealey Publishing. Robbins, S., Judge, T.A., Millett, B. and Boyle, M., 2013. Organisational behaviour. Pearson Higher Education AU. Robles, M.M., 2012. Executive perceptions of the top 10 soft skills needed in todays workplace. Business Communication Quarterly, 75(4), pp.453-465. Schoenmaker, D. and Peek, T., 2014. The state of the banking sector in Europe. Senge, P.M., 2014. The fifth discipline fieldbook: Strategies and tools for building a learning organization. Crown Business.

Monday, December 2, 2019

The Galaxy Essays - DraftGerald Roch, Chitto Harjo,

The Galaxy June 15, 2007 It was the strangest thing. It all began on the evening of June 15th 2005. My grandmother passed away. This was weird because no body even knew she was dying. Well maybe it was just her time to go. It was a very rough couple of days. My sisters, my mother and I set up the calling hours for her wake, and the time and place for her funeral. It was vary hard to concentrate on these tasks when one of our loved ones had passed away. About two weeks had passed and things were begging to return to normal. It had been a tremendous loss for our family, but we all knew that we had to get on with our lives. I recall a message that was left on my mothers answering machine reporting that my grandmother had written a will. It was discovered when all of her things were being cleaned out of her home. Not a single soul within my grandmothers family knew about this will, so it was a big surprise. The message on the machine clearly stated that the will was going to be opened and read to the family, on July 5, 2005 at 1:00 p.m. at the county court house. Everyone was anxious to find out just what he had left. No body was expecting much because they knew my grandmother didnt have very much. She had raised seven children on her own. The day had finally come. It was just about 1:00 p.m. and the will was being opened. It read as follows: Well all, I guess it was my time to go. I am in a better place now, where there is no suffering or pain. I need you all to promise me that you will be happy for me. I know it is hard to do, but it is for the best. Now I need you all to take a deep breath for there is something that you all must know. I have been saving some things up over the last 50 years, mainly because I knew this day was coming, I just wasnt sure when. You all know that I was one for money. We never had much, so when I made a little extra, I was investing it in large corporations, trying to make a few bucks. After quite a few years, I have managed to acquire $120 million to split between you all. Now, you all arent getting the same, but remember to be happy with what you get, because it could has been nothing. To Patty, Marylyn, Steve, Mickey, and Debbie, I leave $2 million each. I know this doesnt seem like a lot, but when I was put in the nursing home, not one of you bothered to visit me. I am ashamed of you all. You were raised better. To Sally, I leave my home in Sandfordville, (including the 300 acres) and my camp in South Colton. I love you Sally. You took good care of me, and I will never forget that. I am also giving you $10 million to use for what you please! Lastly, to Diane and girls. Well what to I say to all of you? You put your lives on hold for me. When I became dependent on others, you were there to feed me and bathe me. You loved me unconditionally, so with this reason I leave you each $20 million. Diane, go do something nice for yourself, and girl, MAKE GRAMMY PROUD! Remember that I do love you all the same, but this is the way it must be. Two years had passed, and I had just graduated from college, majoring in business management. By this time, I had only used up about $1 million paying off college loans, a car payment, and an occasional outfit or 2, or 200! But I was bored. I had a little of $19 million and education, and no place to use it. That soon was about to change. It was one night in my dreams that it all came to me. I had always wanted to run an over-under bar in Potsdam, NY, but I was either too young, or too poor.