The Influence And Leadership Management Essay

The Influence And Leadership Management Essay Just possessing an impressive title or position does not equate to someone being a leader. Leadership is influencing others to follow your vision. The quality of ones leadership is measured by their followers perception of the leaders effectiveness. This perception is driven by the different characteristics and skills that a given leader has as well as the style they use. Which traits they possess and their chosen approach will have a direct impact on the effectiveness of their leadership. This paper will explore the different aspects of a leaders personality and their position in an organization and how those factors impact the levels of influence gained. It is important to make an early distinction, Leaders and managers are not the same. Management focuses on systems and processes, organising and staffing. John Kotter in discussing what leaders really do describes the focus of leadership as motivating and inspiring keeping people moving in the right direction, despite obstacles to change, by appealing to basic but often untapped human needs, values, and emotions (Kotter, 1999, p. 54). There is overlap however, in that both managers and leaders must communicate the direction, but its a leader who will gain the commitment from followers to do what is needed to achieve the vision. Leadership can be referred to as the process of moving a group of people in a certain direction, and if it is to be sustainable it must be done through non-coercive means, thus by gaining influence from the group. Leaders need to create commitment from their followers through motivation and inspiring them to achieve collective goals. Different circumstances may require leaders to use different styles. They may even behave in a different manner depending on who they are interacting with. That being interaction between a leader and a follower may be different than that between a colleague or supervisor. This is referred to as situational leadership, where there isnt always a single approach that will satisfy all tasks, or influence all followers. According to Paul Hersey and Ken Blanchard, situational leaders should be able to place more or less emphasis on the task, and more or less emphasis on the relationships with the people theyre leading, depending on whats needed to get the job done successfully (Blanchard Hersey, 2012). In a given situation a leader may be more commanding and tell the employee exactly what to do, and how to do it. This is often referred to as an authoritative style of leadership. In another situation the leader may try to sell their message to gain greater commitment while still giving direction and providing information. Sometimes a participative style is the best fit, where the leader focuses on the relationships in the group and is prepared to share the role of decision making. And finally, a situation may call for a leader to delegate responsibilities to their follower, and take the role of a manager and monitor progress. What style to use will depend on what Hersey and Blanchard refer to as the maturity of the individual or group. This would be the levels of knowledge, skills, and confidence that the followers have (Blanchard Hersey, 2012). If the wrong style is used a leader may be faced with failure as too much responsibility was given to an employee with too low maturity, or being too authoritative to a follower with high maturity can damage the relationship through a lack of trust. Matching the leadership style with the appropriate maturity level (situation) is key to success and can strengthen leader follower relationships that will sustain future success. A strengthened relationship between leaders and followers has proven to be indispensable for an organisations success, as Bass argued the importance of this by highlighting survey results where employees favourable attitudes toward their supervisors contributed to the employees satisfaction. In turn, employees favourable attitudes toward thei r supervisors were usually found to be related to the productivity of the work group (Bass, 1990). Stogdill (1974) argued that Leaders are born, that they posses inherent traits that make them suitable as a leader. This is referred to as trait theory. In Handbook of leadership: A survey of the literature, he observed successful leaders and identified skills and traits that these leaders had. It was thought that if people were selected for leadership positions who also had a combination of these traits, than they too could be great leaders if given the chance. The table below contains Stogdills findings: Traits Skills Adaptable to situations Alert to social environment Ambitious and achievement-orientated Assertive Cooperative Decisive Dependable Dominant (desire to influence others) Energetic (high activity level) Persistent Self-confident Tolerant of stress Willing to assume responsibility Clever (intelligent) Conceptually skilled Creative Diplomatic and tactful Fluent in speaking Knowledgeable about group task Organised (administrative ability) Persuasive Socially skilled   Source: Handbook of leadership: A survey of the literature (Stogdill, 1947) McCall and Lombardo (1983) looked to focus on why some leaders succeed and others fail. They compiled their own list of traits for successful leaders. They argued that a leader needed to be emotionally stable and show composure in difficult situations. The leader should be calm, confident and predictable when under stress. They also saw that successful leaders were able to admit their own errors. That being prepared to own up to mistakes made, rather than focusing energy into covering up their errors. Another key skill they observed was good interpersonal skills. Being able to communicate clearly and persuade others without resorting to negative or coercive tactics is key to successful leadership. And finally McCall and Lombardo see a great importance in a leader possessing intellectual breadth. They describe this as being able to understand a wide range of areas, rather than having a narrow area of expertise. (McCall Lombardo, 1983) This idea that leaders are born has been challenged. Skills and traits can develop over time through life experiences such as a dramatic event, family upbringing, positive role models, work experience, education and training. These experiences can shape and alter an individuals personality. Fiedler and Garcia argue that when there is high uncertainty, or little time to think, we generally fall back on what has worked in the past. Leaders with a large repertoire of previously successful behaviours are more likely to perform better than those who lack this fund of experience (Fiedler Garcia, 2005). This highlights both the importance of experience and decisiveness in being a leader. Most of the skills and traits observed by Stogdill can be developed and shaped through life experiences. However, some skills and traits are more likely to be seen in leaders who are born with a particular personality, such as an extraverted personality. Leadership is a relationship between a group of people and an individual. This relationship is based on both influence and power, but like any relationship, the personalities of its members will dominate its long term success. A leaders personality must fit both the group and the situation. However, as previously referenced there are personality traits that have been consistently observed in successful leaders. Having an extraverted personality is not necessarily a requirement of a leader, just as possessing an introverted personality is not a disqualification. However, extroverts are often associated with some of Stogdills traits. Extroverts are commonly perceived as those with high levels of energy, expressive, and seek close relationships, where as introverts are more low key and prefer solitude (Riggio, 2011). A certain personality may not guarantee one being a better leader, but what it can determine is what type of leader one may be. When we think of great leaders many of the examples would fall into the category of extroverts; Dr. Martin Luther King Jr., Steve Jobs, and Bill Clinton. But they also come in the form of introverts; Abraham Lincoln, Bill Gates, and Mahatma Gandhi. All these men were/are great leaders, the difference is in how they approached their position as leader, and thus the relationship in the group. In a recent study by Psychology Today, it was found that social skills may be a better indicator of potential leadership. In the report, Ronald E. Riggio discusses misinterpreting the potential social effectiveness of an extroverts social energy. Riggio argues that if the person lacks the social skills to direct that energy, then the person will not be socially effective. Conversely, socially skilled introverts should do well in social interaction, but in a more low-key manner (Riggio, 2011). Most leadership theories in business environments are based on a transactional relationship between the manager and employee, with the manager being the leader to the employees position as follower. The transaction occurs by the leader offering a reward for the employees performance, this being a wage or bonus. To increase motivation they may pay higher incentives or increase perks. Path goal theory is based on the idea that an employees perception of what is expected regarding their effort and performance is greatly affected by a leaders behaviour. A leader helps his followers (employees) attain rewards by clearly outlining paths to goals and removing obstacles that could negatively affect the followers performance. Leaders do this by providing support, information, and other resources which are required by employees to complete the task and reach their goal. Robert House developed path goal theory and identifies two major dimensions of leadership, those being initiating structure and consideration. Initiating structure is the degree that a leader assigns tasks, specifies procedures, clarifies expectations, and schedules work to be done by their employees (House, 1971). As for consideration, House described this as the degree a leader provides a supportive environment through warmth, friendliness, helpfulness. Leaders do this by being approachable, considerate to the followers personal welfare, and when change is on the horizon, giving advanced notice (House, 1971). House argued that Leaders who initiate structure for subordinates are generally rated highly by superiors and have higher producing work groups than leaders who are low on initiating structure; and that leaders who are considerate of subordinates have more satisfied employees (House, 1971). In this theory leaders are seen more as coaches who want to help their employees succeed. In the text Management: ideas and actions, in contrast to transactional, Duncan offers a definition of transformational leadership as a process whereby individuals create a connection that raises the level of motivation and morality of both the leader and the follower with the primary goal to assist followers in attaining their maximum potential (Duncan, 1999). At the heart of transformational leadership is charisma. Sociologist Max Weber (1968) introduced the term charisma in the nineteenth century and described charismatic leadership as a non-rational form of authority. According to Weber, charisma is defined by a specifically supernatural trait that emerges in natural leaders during times of distress (Weber, 1968). But charisma is almost more in the hands of the followers in that they must buy in to the leaders personality, or vision. It is the followers perception that ultimately decides whether the leader is charismatic. Rukmani argues that transformational leadership is composed of idealized influence and inspirational motivation, which serving as a charismatic role model and articulating a vision of the future that can be shared (Rukmani, et al., 2010). Each style has its place in organisations and at times a leader must be able to be both transformational and transactional at different times. During times of change in organisations, transformational leaders are required to inspire the masses to share their vision. Kotter argues that motivation will be more sustainable when people are energized not by pushing them in the right direction as control mechanisms do but by satisfying basic human needs for achievement, a sense of belonging, recognition, self-esteem, a feeling of control over ones life, and the ability to live up to ones ideals (Kotter, 1999). For that reason, once systems are in place a transactional style is more appropriate to manage the work that now must be completed by those who have the knowledge and skills to do it. Leadership is the process of inspiring others to work hard to accomplish important tasks. Graen and Ulh-Bien (1995) propose three approaches to leadership, which a leader can adopt for effectively leading his or her employees. These include leader-based, relationship-based, and follower-based approaches. The approaches can be used in combinations at the same time with different followers. Effective leadership requires flexibility to employ these approaches in an honest and open manner. The leader-based approach is concerned with establishing and communicating a vision for the company, inspiring the employees commitment and enhancing group cohesion. By doing so, the leader and the followers raise one another to higher levels of motivation. Entrepreneurs who are gifted leaders are extraordinarily good at turning their visions into concrete results. A drawback of this approach is that when people are highly dependent on the leader, they may follow an inappropriate vision without question. The leader-based approach works best when there is a need for fundamental change requiring uniform direction by a charismatic leader and limited diversity among followers. The relationship-based approach is based on developing mutual trust, respect, and obligation between leader and follower, which generates influence between the parties. It emphasises building strong relationships with followers and on mutual learning and accommodation. It works best when there are different types of people with different kinds of needs who have to be managed. Relationship-based leadership can be seen as a sort of partnership between leader and follower. But, it is often time-consuming and relies on long-term relationships between particular leaders and followers. With the follower-based approach, leadership involves empowerment, coaching, facilitating, and giving up control. Accordingly, it requires the ability and motivation of the leaders followers to manage their own performance. Often, this approach makes the most of the followers capabilities, enabling leaders to focus on other responsibilities. The follower-based approach is most effective for performing unstructured tasks, in cases of weak position power of the leader, or non-acceptance of the leader. In a business environment, the leader of the organisation may also be the founder of the company. In this case they are an entrepreneur and a leader. This situation demands that the leader takes on different roles in a new organisation. It often happens that the founder entrepreneur is unable to adapt to the needs of the growing organisation. If the entrepreneur is unable to learn a new set of skills or to relinquish authority, the ventures performance can suffer. Many entrepreneurs cannot or will not break old habits in order to learn the roles they have to play in order to develop the venture, causing the company to lose control and turn profits into losses. The main problem seems to be that all too frequently the founder is reluctant to lose control of the business, wanting to do everything him or herself rather than manage others, so the growth potential of the business is strictly limited by his or her personal energy and capacity. Chandler and Jansen (1992) suggest that there a re three distinct leadership roles that an entrepreneur has to develop adequately. Or, which members of the entrepreneurs management team have to develop. The entrepreneurial role requires the ability to recognise and envision taking advantage of opportunity. This ability has been referred as the core of entrepreneurship and may be contingent on the entrepreneurs familiarity with the market. It can also be described as the drive to see firm creation through to fruition, which requires the willingness and capacity to offer intense and sustained effort. A second role the entrepreneur must fill is the managerial role. This requires the ability to develop programs, budgets, procedures, evaluate performance, and perform other tasks essential to implementing strategy. Individuals with strong managerial skills enjoy high levels of responsibility and authority; they seek positions involving delegation and motivation. The effective manager must be competent in three areas: à ¢Ã¢â€š ¬Ã‚ ¢ Conceptual competence: The mental ability to co-ordinate all of the organisations interests and activities, for instance, effective management of the ventures cash flow. à ¢Ã¢â€š ¬Ã‚ ¢ Human competence: The ability to work with, understand, and motivate other people, both individually and in groups. The manager must be able to clearly communicate the goals to be achieved and motivate others to behave in a synergistic manner. For instance, this requires the ability to delegate, manage customer and employee relationships, and exercise interpersonal skills. à ¢Ã¢â€š ¬Ã‚ ¢ Political competence: The ability to enhance ones position, builds a power base, and establishes the right connections. This may be particularly important in start-up firms, because the founder must enlist the support of network members. Establishing connections with people who control important resources and possess important skills and abilities is important to the performance of the new venture. Finally there is the technical-function role. To function effectively in the technical-functional role, the entrepreneur/leader must have the ability to use the tools, procedures and techniques of a specialised field. The specific skills required are determined by the industry within which the venture operates. Consider for instance a restaurant spinoff with a strong technical entrepreneur who only has bartending experience. If such an entrepreneur is unable to develop his or her entrepreneurial and managerial role, and if there is no one else in his or her team to fulfil this, the restaurant spinoff is likely to fail. Generally, the entrepreneurial and the technical roles are of the greatest importance at the start of the business. However, in order to grow, the managerial role is of eminent importance as well. If these roles are lacking yet the venture is determined to grow, a strong manager is needed who has the necessary knowledge and skills to fulfil these roles. But this is easier said than done. Most founders hate to step aside even though they are temperamentally unsuited to be managers. Clarysse and Moray (2004) suggest that investors have to be careful when they want to remove the founder-entrepreneur. This is because the initial team often only accepts a newcomer as a CEO once they have been convinced of the shortcomings of their friend as a boss. Business Leaders today face multiple challenges of recruiting and retaining competent employees. In order to succeed both in reaching a common goal and creating commitment amongst their followers, a leader ability to inspire and motivate is crucial. Whether it comes naturally or developed over time, there are skills and traits that an effective leader must have in order to inspire their followers. They will need to be flexible, both for different task requirements and for the differing personalities and skills of their employees. If a leader cant influence their employees then they will have no followers; so then if the leader has no followers than they really arent a leader at all. Without influence there is no leadership.

Stress and Performance Essay -- Health Stress Management

Stress and Performance Too much stress can contribute to health problems. Stress can also reduce your ability to perform at the highest levels. The negative effects of stress can impact profitability and quality of life. The Physical response: The Stress Response will: Increase heart rate, speed breathing or you might hold your breath, tightens muscle to prepare to fight or to flee, directs blood to brain and major muscles (away from digestion, hands/feet, Reproductive organs), releases stress hormones like cortisol and adrenaline, slows or stops digestion, causes the brain to be more reactive/less thoughtful, increases perspiration, reduces immune system response. Any of these systems can become your habitual way to respond to stressful situations. Symptoms of Stress can include: Tension headaches, neck/back/shoulder pain, tight jaw, TMJ problems, sleeping problems, fatigue, loss of concentration, learning problems can increase, irregular or rapid heart rate, migraine headaches, poor circulation, Raynaud Syndrome, high blood pressure, sexual dysfunction (in men and women), digestive problems, upset stomach, ulcers, colitis, hormone imbalances, reduction of immune system function, over reaction by immune system (allergies or autoimmune diseases worse), increased asthma activity, increased aging rate, anxiety, depression, substance abuse, poor habit control, over-eating, low energy, prone to accidents or mistakes, can impair communication, poor performance, etc. It is not so much the amount of stress, but how you respond to it. Some people thrive on stress and may be addicted to the adrenaline rush that accompanies high stress or dangerous activities. Most people develop a "habit pattern" from an early age as ... ...s program is supported by "top-down" leadership involvement. (The process will work without full leadership support, but it takes longer and may reach its full potential.) Leaders who are familiar with the beneficial results of Executive Coaching are often open to the successful uses of these techniques (combined with stress management consulting) and can see the achievements of their business goals. The process can work with individuals, teams, departments, or company wide. It is recommended that you test the process by working with a sampling from the departments from the company. The process may require time for assessments and benchmarking, and then implementation. Obviously, some departments such as sales, can show improvement in solid dollar figures. Results from other departments may require different metrics to define and then demonstrate positive change.

Judicial Activism in the Arena of Environmental Law of Bangladesh

AN ASSIGNMENT ON â€Å"JUDICIAL ACTIVISM IN THE ARENA OF ENVIRONMENTAL LAW OF BANGLADESH† Content†¦ TopicPage no. 1. Prologue 1 2. Judicial Activism 3 3. Judicial Restraint 8 4. Difference between Judicial Activism & Judicial Restraint 9 5. General Development and Environment Context of Bangladesh12 6. Major Environmental Issues Facing Bangladesh 14 7. Environmental Law in the Legal Regime of Bangladesh 15 8. Development of Judicial Activism in the Environmental Regime & the ECA 16 9. Administration of Environmental Justice: The Court Cases23 10. Environmental Nuisance should be Mitigated 24 1. Right to Environment 24 12. Access to Justice: Opening up the Horizon of Public Interest Litigation (PIL) 25 13. Right to Participation 25 14. Suo motu Rule against Grabbing Land of Public Garden 26 15. Protecting River from Encroachment 26 16. Checking Industrial Pollution 27 17. Vehicular Pollution to be Reduced 28 18. Judicial Decisions in the Issue of Environment of Bangladesh 29 19. Epilogue 91 Prologue:The issue of environment pollution has become a burning one with the increase of global warming throughout the whole world especially in Bangladesh. The Supreme Courts of different countries are coming forward to meet this issue at the frequent insistence of the environmentalist organizations which are very watchful upon environmental disaster. Though natural calamities cannot be resisted, man-made disasters can be checked to judicial activism i. e. judicial enforcement. With the growing rate of environmental pollution in Bangladesh, judicial activism in the arena of environmental law has been getting stronger here.Before the introduction of the Public Interest Litigation (PIL), there didn’t have any direct access to the court for enforcing environmental issues, but after the introduction of the PIL, environmental issues can directly be settled by the courts. The United Nations Conference on Environment and Development (UNCED) held in Rio de Janei ro from 3 to 14 June 1992 recognized the entitlement of human beings to a healthy and productive life in harmony with nature[1]. The threshold of the Rio Declaration was the recognition of right to evelopment[2] and more importantly sustainable development. With the adoption of Rio, the global community committed to integrate environmental issues into mainstream economic and social policy[3] and reduce and eliminate unsustainable patters of production and consumption[4]. Commitments recorded in the Rio declaration call for legal and judicial activism. When commitment for sustainable development suffers judicial review can be sought on the basis of the Rio principles of ‘common but differentiated responsibilities’[5], ‘polluters pay’[6], ‘precautionary approach’[7] and ‘EIA’[8].While the Rio declaration in Principle 11 requires the states to enact effective environmental legislation and standards, access to judicial and administrati ve review process becomes relevant[9] to uphold people’s rights that such laws would endure. Right to participation and access to environmental decision making process[10] need express legal recognition that the judiciary can safeguard in appropriate instance. The post-Rio developments in the legal and judicial area of Bangladesh have showed respect to the Rio commitments and also the framework of Agenda-21 that requires protection of fragile eco-system and resources.This paper would highlight on the legal and judicial activism in Bangladesh that have contributed in promoting sustainable development and environmental management as pledged by the global community in various international conventions, treaties and protocols. Judicial Activism: Judicial activism is a political term used to describe judicial rulings that are suspected to be based upon personal and political considerations other than existing law. Judicial restraint is sometimes used as an antonym of judicial acti vism.The term may have more specific meaning in certain political contexts. Concerns of judicial activism are closely tied to constitutional interpretation, statutory construction, and separation of powers. Definition Judicial activism refers to â€Å"a philosophy of judicial decision-making whereby judges allow their personal views about public policy among other factors, to guide their decisions, usually with the suggestion that adherents of this philosophy tend to find constitutional violations and are willing to ignore precedent. †[11] If to resolve the dispute, the Court must create a new rule or modify an old one that is law creation. Judges defending themselves acquisitions of judicial activism sometimes say they don’t make law, they only apply it. It is true that in our system, judges are not supposed to and generally don’t make new law with the same freedom that legislatures can and do; they are, in Oliver Wendell Holmes’s phrase, ‘confined from molar to molecular motions. ’ The qualification is important, but the fact remains that judges make, and do not just find and apply law. †[12] Judicial activism† is frequently used in political debate without a clear definition, which has created some confusion over its precise meaning. Bradley Canon posited six dimensions along which judge courts may be perceived as activist are:[13] †¢ Majoritarianism— This dimension takes into account the degree to which policies adopted through the democratic process are judicially overturned. †¢ Interpretive stability— This dimension takes into account the degree to which court decisions alter earlier decisions, doctrines, or constitutional interpretations. Interpretive fidelity— This dimension takes into account the degree to which constitutional provisions are interpreted contrary to the clear intentions of their drafters, or the clear implications of the language used in the provision. †¢ Substance/democratic process— This dimension takes into account the degree to which judicial decisions make substantive policy, as opposed to acting to preserve the democratic political process. †¢ Specificity of policy— This dimension takes into account the degree to which a judicial decision establishes policy itself, as opposed to leaving discretion to other agencies. Availability of an alternate policymaker— This dimension takes into account the degree to which a judicial decision supersedes or inhibits serious consideration of the same problem by other government agencies. Origins Arthur Schlesinger Jr. introduced the term â€Å"judicial activism† to the public in a January 1947 Fortune magazine article titled â€Å"The Supreme Court: 1947. â€Å"[14] According to Keenan Kmiec, in a 2004 article in California Law Review: Schlesinger's article profiled all nine Supreme Court justices on the Court at that time and explained the alliances and divisions among them. The article characterized Justices Black, Douglas, Murphy, and Rutledge as the â€Å"Judicial Activists† and Justices Frankfurter, Jackson, and Burton as the â€Å"Champions of Self Restraint. † Justice Reed and Chief Justice Vinson comprised a middle group. †[15] Debate Detractors of judicial activism charge that it usurps the power of the elected branches of government or appointed agencies, damaging the rule of law and democracy. 16] They argue that an unelected or elected judicial branch has no legitimate grounds to overrule policy choices of duly elected or appointed representatives, in the absence of a real conflict with the constitution. [citation needed] In some instances, government regulation by appointed officers in government agencies are overturned by elected judges. Defenders of judicial prerogatives say that many cases of so called â€Å"judicial activism† merely exemplify judicial review, and that courts must upho ld existing laws and strike down any statute that violates a superseding law.For example, ruling a statute is unconstitutional because it conflicts with the Constitution of a jurisdiction. However, detractors of judicial activism retort that neither democracy nor the rule of law can exist when the law is merely what judges presently say it should be. Defenders counterclaim that indeed this is precisely what the role of the judiciary is, namely to interpret the law. Detractors argue that the discretion of judges must be limited e. g. by the intentions of lawmakers and appointed or elected government officers, or else any group of people ngaged in any behavior could become a judicially protected minority, and any law could be subverted by the predilections of elected or appointed judges. Some proponents of a stronger judiciary argue that the judiciary helps provide checks and balances and should grant itself an expanded role to counterbalance the effects of transient majoritarianism, i. e. there should be an increase in the powers of a branch of government which is not directly subject to the electorate, so that the majority cannot dominate or oppress any particular minority through its elective powers. 17] Moreover, they argue that the judiciary strikes down both elected and unelected official action, that in some instances acts of legislative bodies reflect the view the transient majority may have had at the moment of passage and not necessarily the view the same legislative body may have at the time the legislation is struck down, that the judges that are appointed are usually appointed by previously elected executive officials so that their philosophy should reflect that of those who nominated them, that an independent judiciary is a great asset to civil society since corporations and the wealthy are unable to dictate their version of constitutional interpretation with threat of stopping political donations. Examples The following have been cited as examples of judicial activism: †¢ Mercein v. People – 1840 Connecticut transfers absolute sovereignty over children from parents to the State †¢ Dred Scott v.Sandford – 1857 Supreme court ruling that ruled that people of African descent imported into the United States and held as slaves, or their descendants—whether or not they were slaves—were not protected by the Constitution and could never be citizens of the United States †¢ Plessy v. Ferguson – 1896 Supreme Court ruling declaring racial segregation as constitutional †¢ Brown v. Board of Education – 1954 Supreme Court ruling ordering the desegregation of public schools †¢ Griswold v. Connecticut – 1965 Supreme Court ruling striking down a Connecticut ban on contraception for unmarried individuals †¢ Loving v. Virginia – 1967 Supreme Court ruling striking down Virginia's ban on interracial marriage †¢ Roe v. Wade – 1973 Supreme Court ruling stablishing a constitutional right to abortion †¢ Bowers v. Hardwick – 1986 Supreme Court ruling upholding the constitutionality of Georgia's sodomy law. †¢ Bush v. Gore – 2000 Supreme Court ruling that resolved the 2000 presidential election in favor of George W. Bush. †¢ Lawrence v. Texas – 2003 Supreme Court ruling striking down Texas's criminalization of sodomy †¢ In re Marriage Cases – 2008 California Supreme Court ruling establishing a constitutional right to gay marriage †¢ Citizens United v. Federal Election Commission – 2010 Supreme Court decision overturning Congressionally enacted limitations on corporate political spending[18]Judicial Restraint: Judicial restraint is a theory of judicial interpretation that encourages judges to limit the exercise of their own power. It asserts that judges should hesitate to strike down laws unless they are obviously unconstitutional. [19] It is sometimes regarded as the opposite of judicial activism. In deciding questions of constitutional law, judicially-restrained jurists go to great lengths to defer to the legislature. Judicial restraint requires the judge to uphold a law whenever possible. Former Associate Justice Felix Frankfurter, a Democrat appointed by Franklin Roosevelt, is generally seen as the â€Å"model of judicial restraint. â€Å"[20]Judicially-restrained judges respect stare decisis, the principle of upholding established precedent handed down by past judges. When the late Chief Justice Rehnquist overturned some of the precedents of the Warren Court, Time Magazine said he was not following the theory of judicial restraint. Difference between Judicial Activism & Judicial Restraint: Judicial activism and judicial restraint are two opposing philosophies when it comes to the Supreme Court justices' interpretations of the United States Constitution; justices appointed by the President to the Supreme Court serve for life, and thus whose decisio ns shape the lives of â€Å"We the people† for a long time to come.Judicial activism is the view that the Supreme Court and other judges can and should creatively (re)interprets the texts of the Constitution and the laws in order to serve the judges' own visions regarding the needs of contemporary society. Judicial activism believes that judges assume a role as independent policy makers or independent â€Å"trustees† on behalf of society that goes beyond their traditional role as interpreters of the Constitution and laws. The concept of judicial activism is the polar opposite of judicial restraint. Judicial restraint refers to the doctrine that judges' own philosophies or policy preferences should not be injected into the law and should whenever reasonably possible construe the law so as to avoid second guessing the policy decisions made by other governmental institutions such as Congress, the President and state legislatures.This view is based on the concept that judg es have no popular mandate to act as policy makers and should defer to the decisions of the elected â€Å"political† branches of the Federal government and of the states in matters of policy making so long as these policymakers stay within the limits of their powers as defined by the US Constitution and the constitutions of the several states. Marbury v. Madison, one of the first US Supreme Court cases asserting the power of judicial review, is an effective argument for this power; however, it lacks direct textual basis for the decision. John Marshall managed to get away with this deficiency because of the silence on many issues and the vague wording of the Constitution.Marshall was also the first to interpret the Constitution loosely, also known as judicial activism. During his term as Supreme Court Chief Justice, Marshall was also successful in loose constructionism through other landmark Supreme Court cases such as Gibbons v. Ogden (â€Å"Emancipation Proclamation† of commerce), and McCulloch v. Maryland (whose decision stated that the states cannot tax a federal bank). These landmark decisions were the basis and the precedent for future Supreme Court cases, and had also provided a means through which the Supreme Court can question the law and even possibly change different facets of life affecting the present and future of â€Å"We the people. â€Å"Liberals and Democrats tend to favor judicial activism as it opens new doors to interpretation and experimentation. However, those that favor judicial restraint on the other hand, and thus favor the status quo and the strict construction of the Constitution are conservatives and Republicans. Two landmark Supreme Court decisions that strictly interpreted the Constitution for its literal meaning were Dred Scott v. Sanford and Plessy v. Ferguson. In the Dred Scott case, the Supreme Court ruled that African Americans did not have the right to sue for their freedom, since they were seen strictly by t he law as property and not even citizens of the United States. As well, in Plessy v.Ferguson the Court ruled that segregation of public schools was not unconstitutional, even though African Americans were still seen as equal citizens due to the 14th Amendment to the Constitution (â€Å"separate but equal†). However, this particular case was then overturned by Brown v. Board of Education, Topeka, Kansas in 1954. The Brown decision, unlike that of Plessy v. Fergusion and Dred Scott v. Sanford expressed judicial activism and ruled racial segregation unconstitutional. Many will protest that the people do not elect the Supreme Court Justices and therefore the Supreme Court should not have the power of judicial activism and change the law of the land.However, as one critic points out, â€Å"No institution in a democratic society could become and remain potent unless it could count on a solid block of public opinion that would rally to it's side in a pinch. † However, anticip ating the nominees to the Supreme Court most likely to be forwarded to the US Senate for confirmation by President George Walker Bush, since Bush is a conservative, he is most likely to favor the philosophy of judicial restraint. Clearly, the Supreme Court is ultimately responsible to the will of the people, and the future ramifications of said choices may indeed lean toward judicial restraint more often than judicial activism, thus favoring the status quo and earlier precedents set by previous Supreme Court decisions.By maintaining independence from politics, the Justices avoid the major problems of political parties and party platforms. Furthermore, the Supreme Court's small size allows the Constitution to speak with a unified voice throughout the country. General Development and Environment Context of Bangladesh: Bangladesh with a total area of 147570 sq. km is home to some 140 million people of which 49 percent are women. The country’s network of 230 rivers runs across 24 140 km[21]. Forests comprise 14 percent of the total land area. Eighty percent of the population is rural. One half of the population lives in poverty and one third in extreme poverty.A further 20 percent of the population are tomorrow’s poor; those who will join the ranks of the poor given the current trends of development and ecological degradation. The agrarian economy of Bangladesh accounts for one-third of the GDP and employs two-thirds of the labour force[22]. The fisheries sector employs about 1. 2 million people[23] while the employment in the forests sector is about 2 percent of the total labour force[24]. Fish still remains the major source of proteins for 60 percent Bangladeshis. Life and livelihoods in Bangladesh, especially for the poor, depends deeply on nature. Any undue interference with water, land, forest, fishery and other environmental resources would inevitably impact the lives of the people of whom 47. percent are income poor and 76. 9 percent capability poor[25]. The relationship of the people of Bangladesh with nature cannot be overemphasized and can be stated from the words of the Secretary General of the UN Mr. Kofi Anan. â€Å"The great majority of Bangladeshis live in rural areas, on the frontlines of resources management, natural disaster and environmental awareness. For them the relationship between human beings and the natural world is a daily reality, not an abstract idea. Our biggest challenge in this new century is to take an idea that seems abstract sustainable development and turn it into a daily reality for the entire world’s people. â€Å"[26]Over time, the gradual degradation of resources particularly land, contamination of water, loss of fisheries, traditional species and depletion of forests became visible in Bangladesh with adverse impact on life and livelihood. In the last decade or so, environmentalists in Bangladesh, the state organs and the citizens groups have rightly identified the depletion of en vironmental resources as a major cause of poverty in the country. There are certain environmental concerns and factors that are the result of activities originating beyond the frontiers of Bangladesh. These include legal questions relating to the use of natural resources like the waters of shared rivers, environmental hazards like the frequent floods, droughts and salinity, global warming, climate change and so on.The efficacy of the environmental legal system in certain areas is dependent on attitudes of neighboring countries and so cannot be redressed unilaterally. The Constitution of Bangladesh affirms commitments to international laws and principles, and Bangladesh is a signatory to most major international conventions, treaties, and protocols on environment. Major Environmental Issues Facing Bangladesh:[27] A. Regional/Global: †¢ Ecological changes due to share water disputes †¢ Maritime boundary dispute and a weaker regime on marine resources †¢ Greenhouse effec t and its consequence on Bangladesh, global warming and climate change †¢ Refugees and migration †¢ Ecological effect caused by trans-boundary acts International trade and environmental regimes such as Trade Related Intellectual Property Rights (TRIPs), General Agreement on Tariff and Trade (GATT), World Trade Organization (WTO), Climate Change Protocols, Convention on Biological Diversity and so on. B. National: †¢ Population and poverty †¢ Degradation of resources (inadequate policies) †¢ Conflict of development with environment; illiteracy vs. ignorance †¢ Pollution of water, air and soil †¢ Destruction of mangrove, tree cover and firewood †¢ Loss of fisheries †¢ Unplanned human settlement †¢ Unplanned urbanization and industrialization †¢ Loss of wildlife †¢ Natural hazards (also to include river erosion) †¢ Contamination of ground water Environmental Law in the Legal Regime of Bangladesh: Sources of Environmental Laws:The main sources of environmental law are the Constitution, statutory laws and by-laws, customs, traditional perceptions and practices, international conventions, treaties and protocols. An investigation into the statutory laws prevailing in Bangladesh would reveal that there are about 187 laws that deal with or have relevance to environment. The compartmentalized administration of the statutory enactment would place the laws on environment under several heads. These would include, land use and administration, water resources, fisheries, forestry, energy and mineral resources, pollution and conservation, wildlife and domestic animals, displacement, vulnerable groups, relief and rehabilitation, local government, rural and urban planning and protection.The laws on physical environment do address issues like occupational rights and safety, public safety and dangerous substances, transportation and safety, cultural and natural heritage and so on. The environmental legislation are s ectorally compartmentalized especially the substantive and administrative rules. The procedural rules for the Courts to administer these laws would be derived mostly from the same general codes, e. g. , the Civil Procedure Code, 1908, the Criminal Procedure Code, 1989 and the Evidence Act, 1872. Development of Judicial Activism in the Environmental Regime & the ECA: The law that deals specifically with environment is the Environment Conservation Act (ECA), 1995[28].The Act has come into force since the June 1995 and to some extent has recognized the Rio principles of precaution, polluters’ pay and people’s participation. The ECA has replaced the earlier Environment Pollution Control Ordinance, 1977 and has added new dimension to environment management by making a shift from ‘pollution control’ to ‘environment conservation’. The recent amendment of the Act in 2002 has given the provisions of the law overriding effect over all other laws[29]. Ac cording to section 2(d) of the ECA environment shall include water, air, land and physical properties. The inter relationship among and between these components of environment and human and other living beings, plants and micro-organisms are also included in the broader definition of environment.The ECA has established the Department of Environment (DoE) and has authorized its Director General (DG) to take all such steps as are necessary for the conservation of environment, improvement of environmental standard and control and mitigation of pollution[30]. In line with Section 11 of the Agenda 21 that calls for conservation and management of resources for development, the ECA in Section 5 has authorized the government to declare areas of great ecological importance as Ecologically Critical Area. Such legal authority would allow the government to declare fragile eco systems as critical or protected areas and bring them under special management system. Section 5 of the ECA reads as fol lows: Declaration of Ecologically Critical Area – (1) If the Government is satisfied that due to degradation of environment the eco-system of any area has reached or is threatened to reach a critical state, the Government may, by notification in the official Gazette, declare such area as ecologically critical area. The Government shall specify, in the notification provided in subsection (1) or in any other separate notification, which of the operations or processes shall be carried out or shall not be initiated in the ecologically critical area. † Under Section 5, the Ministry of Environment and Forests (MoEF) has already declared 8 areas including one mother fishery (wetland), fragile coral island, part of world’s largest mangrove forest as ecologically critical areas[31] and has brought them under special protective measures.Such initiative of the Government of Bangladesh strongly supports its commitment expressed under the various CTPs including the Convention in Biological Diversity, 1992 and the Convention on Wetlands of International importance Especially as Waterfowl Habitat, 1971. Most recently, the cabinet on 22 July 2002 has approved the International Convention on Oil Pollution Preparedness Response and Cooperation, 1990 paving the way to protect its territorial water from oil pollution. Section 2(1) of the Act defines ‘wastes’ and authorizes the Government to determine the standard for discharge and emission of waste including radioactive wastes [Section 20(2)(e)]. Hazardous substance has also been defined [Section 2(i)] and the Government has been authorized to lay down rules for environmentally sound management of hazardous substances and toxic wastes.Although the Government is yet to exercise its rule making powers, these legal developments correspond to the accepted framework of Agenda 21 calling for environmentally sound management of hazardous wastes and substances. At the national frontier, the Government in exercise of its powers under the Agricultural Pesticides Ordinance, 1971[32] has banned the import of ten pesticides for their hazardous impact on vegetation human and animal life[33]. Worth mentioning, Bangladesh has ratified the Basel Convention on the Control of Trans-boundary Movements of Hazardous Wastes and their Disposal, 1989. The country has also signed the recently adopted Stockholm Convention on Persistent Organic Pollutant, 2001 on 23 May 2001. Section 12 of the ECA incorporates the precautionary principle by requiring ndustrial unit or projects to be established after obtaining environmental clearance from the DoE. Any violating unit may be shut down by the DG, DoE. The amended ECA[34] empowers the government to ban products that are harmful to environment and the government, with active participation from the people, has been very successful in banning the production, use and sale of polythene products below 20 macron. The most significant advancements after the enactm ent of the ECA have been the setting up of quality standard for air, water, noise and soil and the formulation of environmental guidelines to control and mitigate pollution. The setting up of such standards has been done through the Environment Conservation Rules framed in 1997.The Rules have detailed out the development where environmental impact assessment (EIA) would be necessary. This has made EIA mandatory for specified projects and industries although procedural details of EIA are yet to follow. The Government may think of making the EIA process participatory ensuring access in decision-making process. The ECA has made it an offence to discharge excessive pollutants and causing damage, direct or indirect, to eco-systems. Sections 7 and 9 of the ECA have in effect incorporated the principle of ‘polluters pay’. Under Section 7 the DG shall require any person including companies responsible for pollution to adopt corrective measures and also to pay good the losses ca used by such pollution.In the event of failure by the polluter to prevent emission of excessive discharge the DG shall initiate the needed remedial measures and the expenses incurred shall be recovered from the polluter as public demand[35]. The ECA tends to ensure access to administrative proceedings and also to participation in the decision making process. Section 8 of the ECA allows a person affected or likely to be affected from the pollution or degradation of environment to apply to the DG for remedying the damage or apprehended damage. The DG may adopt any measures including public hearing for setting such grievance. Under the original Act, cognizance of offence by the courts required a written report from the DG. The requirement of report from DG, DoE would have adverse affect on right to justice. Fortunately, the original Act has been amended in a positive fashion.The requirement of written report although still valid, may be relaxed at the discretion of the judiciary if the re appears to be a prima facie case and also failure on part of DoE to take proper initiative. Amended Section 4A of the ECA has required all statutory agencies to render assistance and services to the DG on his request. Violation of the provisions of the Act has been made an offence and may be visited with a penalty of Taka 10 lakh and/or 10 years of imprisonment[36]. The Act has recently been amended to provide for different punishment for violation of different provisions. For proper implementation of the ECA, it has been proposed to set up environmental courts in the six administrative divisions of the country[37].The proposed courts would administer the environmental offences under the ECA and also other laws as may be notified by the Government in official Gazette. This revolutionary step aims at ensuring speedy trial and disposal of environmental cases. The Act provides in details the investigation and trial procedure for the Courts comprising of members of the subordinate ju diciary. Section 9 of the Act empowers the Environmental Courts to use the fine realized as compensation for the people affected by the environmental offence. The judges for two environmental courts have already been appointed and it is expected that the judicial system will start functioning soon. An amendment to the Forest Act, 1927 in 2000[38] has provided scope for public participation in environmental resource management.The newly added section 28A has given express legal recognition to the concept of social forestry and has empowered the government to make rules requiring an ‘agreed upon management plan’ for social forestry programmes. The rules are in the process of finalization. Another significant piece of law enacted in 2000 is the Open Space Protection Act, 2000[39]. With proper implementation of the law, the respective authorities can protect the natural water bodies including the flood plains of the urban areas from filing up for the sake of urbanization an d development. In addition, legal regime on environment contains provisions recognizing customary rights over forest[40], access to open water fisheries[41] and participation in the development process while finalizing water related schemes[42] and master plan for urban areas[43].Legal regime provides punishment against pollution of territorial waters[44] and prohibits pollution of air, water and soil from agricultural, fishery, industry, vehicle and other sources[45]. Environmental resources like forest and fishery have been given special status for protection purposes. Administration of Environmental Justice: The Court Cases: On the fact of activism by the civil society, the judiciary in Bangladesh has started responding to cases seeking environmental justice. Judicial activism contributes to proper implementation of environmental laws and allows the vast majority of the backward section access to the justice system.As a result of progressive interpretation by the judiciary of som e constitutional and legal provisions, ‘public interest litigation’ (PIL) and ‘right to environment’ have received express legal recognition. The cases decided by the judiciary have tended to activate the executive, create wider awareness and affected the value system of the administration and the society. In the cases on environment decided so far by the judiciary, directions have been given to the government agencies to perform their statutory functions. All these decided cases have addressed issues on sustainable development, precautionary principle, participation and access and are rather landmark decisions. With increased number of PILs in Bangladesh, it can now be said that the environmentalists and the civil society places confidence in the judiciary n redressing the grievance of the downtrodden and the deprived. In deciding some of the cases the judiciary has endorsed the innovations that justice require in one recent incident, the High Court even i ntervened and issued suo moto rule to protect a public garden from encroachment. Environmental Nuisance should be Mitigated: Judicial recognition for protection of environment was first recorded by the High Court[46] in a case that challenged nuisance during election campaign. The judiciary disposed of the case on assurance from the Attorney General to take measures against defacing of public and private property in the name of election campaign. Right to Environment:The judiciary, while deciding on a case involving importation of radiated milk[47] attached broader meaning to the constitutional ‘right to life’ and held â€Å"Right to life is not only limited to the protection of life and limbs but extends to the protection of health and strength of the workers, their means of livelihood, enjoyment of pollution-free water and air, bare necessaries of life, facilities for education, development of children, maternity benefit, free movement, maintenance and improvement of public health by creating and sustaining conditions congenial to good health and ensuring quality of life consistent with human dignity. † Access to Justice: Opening up the Horizon of Public Interest Litigation (PIL): In an appeal from the judgment of the High Court Division dismissing a writ by a local environmentalist group on ground of locus standi, the Appellate Division of the Supreme Court of Bangladesh in its historic judgment dated 25 July 1996 granted standing to the ground[48].In allowing the appeal, the judiciary interpreted the constitutional requirement of â€Å"aggrieved† in ways beyond the strict traditional concept. The appeal being allowed is a landmark decision in addressing the constitutional knot and riddle that have been prevailing on the threshold question as to who is an â€Å"aggrieved person† for last twenty four years history of our Constitution. The decision opened up the horizon of PIL in Bangladesh and since then the judiciary has en tertained a good number of cases on environmental grievances. Right to Participation: On application from a local environmental group, the High Court Division (HCD) of the Supreme Court also intervened to judge on the legality of a development project called the Flood Action-Plan-20[49].The petitioner accused the authorities of violating a number of laws that ensure people’s participation in the decision making process, provide for compensating affected people for all sorts of loss and protecting the national heritage. The Court delivered judgment on 28 August 1997 and observed, â€Å"†¦ in implementing the project the respondents (government) cannot with impunity violate the provisions of law†. The Court directed the authorities to execute the work in compliance with the requirements of law that guarantee right to participation and compensations. Suo motu Rule against Grabbing Land of Public Garden: The Court has been active in protecting the environment in speci fic class action, and it has also given rules, suo motu, questioning blatant violations of the state’s obligations to protect and preserve the environment.In one such case, the High Court Division (HCD) issued a suo moto rule when, in violation of an earlier order of the Court to maintain status quo, gunned hoodlums attempted to encroach upon 2. 8 acres land of the only public garden of old Dhaka for construction of hotel therein. Protecting River from Encroachment: On application from an environmentalist group[50] seeking judicial intervention to protect the only river flowing through Dhaka from illegal encroachment, the HCD directed the concerned statutory authorities to submit before the Court an action plan setting out definite time frame and measures to be undertaken for removing the encroachers. Following the petition, the government acted to remove the encroachers and the river now stands free from illegal occupation.Taking from the learning of this case, the governmen t has constituted an inter-ministerial committee to remove illegal occupation from the other rivers of the country. Checking Industrial Pollution: In a recent decision, the HCD gave directions to check indiscriminate pollution of air, water, soil and the environment by 903 industries belonging[51]. These industries were identified polluters by the Ministry of Local Government, Rural Development and Co-operatives (LGRDC). The 14 sectors include Tanneries, Paper and Pulp, Sugar Mills, Distilleries, Iron and Steel, Fertilizer, Insecticide and Pesticide Industries, Chemical Industries, Cement, Pharmaceuticals, Textile, Rubber and Plastic, Tyre and Tube and Jute.An official notification of the government directed the Department of Environment (DoE), the Ministry of Environment and Forests (MoEF) and the Ministry of Industries to ensure within three years that appropriate pollution control measures were undertaken by the identified polluting industries. The Notification also required the said authorities to ensure that no new industry could be set up within pollution fighting devices. When no measure was taken even after the lapse of eight years, the above petition was filed. After a lengthy hearing, the Court directed implementation of the directions given in the notification. To ensure implementation of the Court order, it was required from the respondents to report to the Court after six months by furnishing concerned affidavit showing compliance. The Court held it mperative on the part of the DG, DoE to take penal action against such department or persons responsible for not implementing the ECA, 1995. Vehicular Pollution to be Reduced: The HCD, in a recent decision, gave a comprehensive judgment[52] to fight vehicular pollution at different from. The six directives of the Court required the authorities to – †¢ Phase out all two-stroke vehicles from city streets of the Capital by December 2002 †¢ Convert all petrol and diesel-fuelled government vehicles into Compressed Natural Gas (CNG) powered within six months †¢ Enforce the prohibition on use of pneumatic horns within 30 days †¢ Check fitness of vehicles using computerized system with immediate effect Follow international standard of fuel by reducing or eliminating toxic elements †¢ Set up adequate number of CNG filling stations within six months and ensure that all cars imported since July 2001 is fitted with catalytic converter. This petition also has been kept pending for further monitoring. The other pending cases on environment involves preservation up of lakes, flood flow zones and rivers, encroachment over rivers, violation of construction law, pollution from brick fields, environmental hazards of shrimp cultivation, destruction of hills, gas explosion without environmental impact assessment (EIA), compensation for environmental damages and so on.Judicial Decisions in the Issue of Environment of Bangladesh: The concept of public interest litigation as has emerged into the judicial administration of Bangladesh is yet to mature with the concept of justice guaranteed by the Constitution. This is a crucial concept in a country like ours where 65% of the total populace have no or less access to judiciary although the constitution commits for equality before law, justice, right to life and equal enjoyment of fundamental rights by all citizens. With obvious socio-economic constraints and a long history of feudal past, the realization of legally recognized rights is still subject for movement by various social and pressure groups.In recent time the movement for enjoyment of rights took a new dimension as the potential of judiciary is being increasingly emphasized by the activists and the courts are dealing with cases seeking relief against administrative anarchy and ignorance. It was interesting to note that the concept of PIL is developing in Bangladesh as a performance of public duty by some citizens groups holding or advocating in support of progressive ideologies. Thus in 1994 a petition was first taken before the High Court by a national non-governmental organization called Bangladesh Environmental Lawyers Association (BELA) on behalf of the people of a locality where a disputed development action was being implemented. The petition was at first rejected by the court on the ground of standing of the organization.An appeal was preferred from that rejection where the core question was whether groups like BELA with dedicated and sincere record of activism can claim to have acquired sufficient interest to seek judicial redress against anarchy in its own field of action. The question was vital as it was a constitutional requirement under Article 102 that it is only â€Å"a person aggrieved† who can file petitions for enforcement of fundamental rights. Being responded by the Supreme Court in the positive this became the turning point in the history of PIL in Bangladesh. BELA that led the movement for open ing up the horizon of PIL in Bangladesh has filed the cases noted below: 1. Dr. Mohiuddin Farooque v. Election Commission & others Writ Petition No. 186/1994 (Nuisance during Election Campaign)The first ever-environmental litigation was filed in 1994 in the form of a Writ Petition in the High Court Division of the Supreme Court of Bangladesh by a group of environmental lawyers called the Bangladesh Environmental Lawyers Association (BELA). It was filed against the four authorities of the Government responsible for the enforcement of various civic rights, and accordingly, the respondent was the State. The election of the four Municipal Corporations of the country, held at the beginning of this year, evidenced gross violation of some legal obligations and, consequently, interfered with the various rights of the people. The unlawful activities created by the election campaign resulted in encroaching on public properties, restricting and depriving the rights to life, property, enjoyment of public resources, etc. of the city dwellers.The footpaths and other public places were saturated with election camps; incessant use of loudspeakers and other noisy instruments rendered life miserable; the walls of the four major cities of the country where the elections were being held were all covered with election slogans; unscheduled and unregulated processions created serious traffic jams, and so on. Repeated appeals by the Election Commission for showing respect to the laws of the country were virtually ignored. All this anarchy prompted the institution of a petition where the Hon’ble Court issued rule nisi upon the respondents asking them to show cause as to why they should not be directed to comply with the directive issued by the Election Commissioner touching upon the various acts and laws and rules.The Court also considered the prayer of the petitioner to restrain the Election Commissioner from holding the election till full compliance with the respondents. The rule, however, was disposed of, following assurance from the Attorney General that the Government would take all necessary steps to implement all the directives of the Election Commission. 2. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 891/1994 (Industrial Pollution Case) In 1994 BELA filed this Writ Petition seeking relief against indiscriminate pollution of air, water, soil and the environment by 903 industries of 14 sectors identified as polluters by the Ministry of Local Government, Rural Development and Cooperatives (LGRDC) vide Gazette notification dated 7 August 1986.The 14 sectors include Tanneries, Paper and Pulp, Sugar Mills, Distilleries, Iron and Steel, Fertilizer, Insecticide and Pesticide Industries, Chemical Industries, Cement, Pharmaceuticals, Textile, Rubber and Plastic, Tyre and Tube and Jute. The Notification of 7th August 1986 directed the Department of Environment (DoE), the Ministry of Environment and Forests (MoEF) and the Ministry of Indus tries to ensure within three years that appropriate pollution control measures were undertaken by those industries. The Notification also required the said authorities to ensure that no new industry could be set up without pollution fighting devices. But unfortunately, even after the lapse of eight years when no measure was taken the above Petition was filed.After seven years since the date of filling of the petition on the 15 July of 2001, the court has directed the Directed General, Department of Environment to implement the decision taken with regard to mitigation of pollution by 903 industries identified as polluters within the time frame of six months from the date of the judgment. The Petitioner pleaded that the ecological system of the country more particularly the air and water including the major rivers (Buriganga, Surma, Karnaphuli and so on) are being severely affected by the identified 903 industries and that no affirmative action has been taken in furtherance of the dec isions of the Gazette dated 7th August, 1986.Rather the number of polluting industries has multiplied as the recent list prepared by the DoE shows that the number of polluting industries have risen up to 1176. The Court earlier issued Rule Nisi to the Respondents including the LGRDC, Ministry of Environment and Forest, Ministry of Industries and Department of Environment to show cause as to why they should be directed to implement the decisions of the Government dated 5 June, 1986 which was published in the official Gazette. After hearing the Petitioner, the Rule has been made absolute today and the DG, DoE has been directed to â€Å"Report to this Court after six months by furnishing concerned affidavit showing that compliance of this Order of this Court†. To ensure implementation of the Court irections, the Hon’ble High Court further held that â€Å"It will be imperative on the part of the Director General to take penal action against such department for persons who are responsible for not implementing the letter of the Environment Conservation Act, 1995. † 3. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 300/1995 (Vehicular Pollution Case) This writ petition was filed by BELA seeking appropriate direction upon the Respondents to perform their statutory public duties and functions for controlling environmental pollution created by motor vehicles and to take effective measures to ensure the most appropriate mitigative measures, devices and methods to prevent further aggravation and danger to life and public health.The petition was filed against 13 Respondents, namely, (1) The Secretary, Ministry of Communications; (2) The Chairman, Bangladesh Road Transport Authority; (3) The Secretary, Ministry of Home Affairs; (4) The Commissioner, Dhaka Metropolitan Police; (5) The Secretary, Ministry of Environment and Forest; (6) The Director General, Department of Environment; (7) The Dhaka City Corporation; (8) The Secretary, Mini stry of Health & Family Welfare, (9) The Secretary, Ministry of Commerce, (10) The Secretary, Ministry of Energy and Mineral Resources, (11) Chairman, Bangladesh Petroleum Corporation, (12) The Secretary, Ministry of Industries, and (13) The Bangladesh Standards and Testing Institution. In his submission the petitioner stated that the air pollution from faulty motor vehicles has been universally identified as a major threat to human body and life.Such pollution in Dhaka City is acute and incompatible with the conditions required for the growth of human life and ecology. The lives of the City dwellers and its environment are endangered and the failures of the respondents in the performance of their statutory and public duties are depriving people of their fundamental rights disturbing the public peace creating public annoyance. He submitted that the lead-laced gas emitted because of the use of leaded petroleum were severely affecting the lungs, liver, brain and the nervous system, re sulting to high blood pressure, IQ and memory-retention damage among children and damage to foetuses leading to deformed babies.The high sulphur content in the petroleum, and hence in the smoke, causes severe damage to the ecology. The main thrust of Dr. Farooque's submission was that although the right to a safe and healthy environment has not been directly specified in the Constitution as a fundamental right, such a right is inherent and integrated in the â€Å"right to life† as enshrined in Article 32 of the Constitution. Hence, the right to a sound environment was also a fundamental right under Article 32 being supported by Article 31 that ensures that no action detrimental to life, body, property could be taken. Therefore, the failures of the Respondents in their duties denied the people of their basic fundamental right.Upon hearing the Petition, the Court issued a rule nisi upon the Respondent to show cause as to why they should not be directed to take all adequate and effective measures to check pollution caused due to the emissions of hazardous smokes from the motor vehicles and the use of audible signaling devices giving unduly harsh, shrill, loud or alarming noise. The matter was pending for a long time and after a lapse of 7 years, on the 27th March of 2002 the High Court has directed the government to phase out all two stroke vehicles from City Street by December 2002. The court also directed that all petrol and diesel-fuelled government vehicles have to be converted into Compressed Natural Gas (CNG) powered within six months and pneumatic horns being discarded within 30 days. It asked the Bangladesh Road Transport Authority (BRTA) to check fitness of vehicles, using computerized system with immediate effect.The court also asked the government to ensure international standard of fuel by reducing or eliminating toxic elements. The High Court further directed the government to set up adequate number of CNG filling stations within six months an d to ensure that all cars imported since July 2001 be fitted with catalytic converter. The government was also asked to strictly comply with its decision to ban two stroke vehicles of over nine years old. BELA also prayed for ensuring that the exemption of motor cycles from the requirement of certificate of fitness under the Motor Vehicles Ordinance, 1983 be withdrawn immediately which was also directed by the Court.On behalf of the government BRTA, Dhaka Metropolitan Police, Environment Ministry, Department of Environment, Commerce Ministry and Ministry of energy and mineral resources submitted testimony (affidavit) in opposition before court. The matter is pending for further monitoring. 4. Sharif Nurul Ambia v. Bangladesh & others Writ Petition No. 937/ 1995 (Unlawful Construction) The Petition was filed with legal assistance from Bangladesh Environmental Lawyers Association (BELA) by Mr. Sharif Nurul Ambia, Joint General Secretary of Jatiya Samajtantric Dal (JSD). The Petition w as moved by the Secretary General of BELA, Dr. Mohiuddin Farooque submitting that the DCC has undertaken the construction of the multi-storied building at the site earmarked for public car park in the RAJUK Master Plan unlawfully and without the latter's approval and hence liable to be demolished.It was further submitted that the construction was continuing defying DoE's finding that the said building would create a disruption to the environment of the area and the neighborhood depriving them the right to life, body and healthy environment against hazardous pollution and obstruction to air and light as being endangered by the unauthorized construction by the Respondents. Upon hearing the petitioner, the Court stayed the said construction till disposal of suit. The rule was ultimately disposed of against which an appeal is pending before the Appellate Division. 5. Dr. Mohiuddin Farooque v. Bangladesh and others Civil Appeal No. 24/1995 (Case on Standing) This Appeal arose from the ju dgment of the High Court Division dismissing a writ  Ã‚   stating that BELA had no right to sue on behalf of the people of Tangail where the Flood Action Plan-20 was being implemented. On Appeal, the Appellate Division granted standing to BELA on 25th July 1996.The main thrust of the appeal was to get a judicial verdict as to whether a person or group of persons could be â€Å"aggrieved† in ways beyond the strict traditional concept, which are now emerging in many legal systems, like suits by evidently public-spirited persons or bodies having proven dedication. The appeal being allowed is a landmark decision in addressing the Constitutional knot and riddle that have been prevailing on the threshold question as to who is an â€Å"aggrieved person† for last twenty four years history of our constitution. 6. Dr. Mohiuddin Farooque v. Bangladesh & others (Writ Petition No. 998/94) Sekandar Ali Mondol v. Bangladesh and others (Writ Petition No. 1576/1994)   (Challenging Flood Action Plan-20) In 1994, a Petition was filed by BELA challenging the implementation of Flood Action Plan-20 in Tangail.The Petition, first rejected by Court on the ground of Standing of the Petitioner was subsequently sent for hearing on merit to the High Court after the Appellate Division granted standing (Bangladesh Legal Decisions, (BLD) 1997 Appellate Division (AD), pg. 1). In the petition, the authorities were accused of violating a number of laws that provide for compensating affected people for all sorts of loss and protecting the national heritage. The Court delivered Judgment on 28 August ’97 and observed that â€Å"†¦ in implementing the project the respondents cannot with impunity violate the provisions of law. We are of the view that the FAP-20 project work should be executed in complying with the requirements of law. † 7. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 948/1997 (Uttara Lake Fill-up)A division Bench of the High C ourt Division issued an injunction of the filling up of Uttara Lake for housing purposes. The injunction was issued on an application of Dr. Mohiuddin Farooque, Secretary General, BELA upon the Secretary, Ministry of Housing and Public Works, Chairman, Rajdhani Unnayan Kartripakhya (RAJUK) and DG, DoE. The petition was filed on an appeal from the local residents of Uttara, who accused RAJUK of creating an environmental hazard in the area by filling up part of the lake in violation of the original Master Plan of Uttara. The injunction would remain effective till disposal of the case. Upon final hearing of the petition the Hon’ble Court on presided over Mr. Justice Md. Imman Ali and Mr.Justice Shamin Hasnain on 17 February, 2004 discharged the rule without any order as to cost. After gating aforesaid judgement BELA filed Civil Miscellaneous Petition 84 of 2004 and Civil Petition for Leave to Appeal 564 of 2004 before the appellate division upon hearing the petitioner the Honâ⠂¬â„¢ble Appellate Division granted prayer Leave. Pending hearing of the rule, parties are directed to maintain status quo. 8. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 1252/1997 (Unregulated Operation of Brick Field) The indiscriminate operation of 19 brickfields in Senbag of Noakhali District in violation of applicable legal provisions and circular was brought to the notice of the High Court through the above petition.The petition filed by BELA on behalf of a local group called Senbag Thana Pollution Free Environment Committee accused the local administration for being indifferent towards the environmental havoc created by the brick furnaces. The management of the brickfields were not conducting their business with due regard to the legal provisions mandating in favour of sound environment and health state. Moreover, leasing agricultural land to brick fields in violation of existing land management laws and manual resulted in a tremendous pressure on the avai lable stock of agriculture land, as after a given period the lands do not remain fit for agricultural purposes.Upon hearing the petitioner BELA, the Court issued a Rule Nisi calling upon Secretary, Ministry of Land, Deputy Commissioner, Noakhali and DG, DoE to show cause â€Å"as to why the issuance and renewal of licenses permitting operations of 19 brick manufacturing kilns in the Senbag Thana under Noakhali District causing threat to the natural environment and health of the neighbouring residents of the area should not be declared to have been done without any lawful authority and be directed to implement the circular. † The matter is now pending for hearing. 9. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 6020/1997 (Hill Cutting Case)The indiscriminate, unlawful and unauthorized cutting and rising of hills within the Chittagong City Corporation and its adjoining areas was brought to judicial notice by BELA through the above petition. The Court on heari ng the petitioner, Dr. Mohiuddin Farooque, directed the DG, DoE to submit a report on alleged illegal and indiscriminate cutting of hills, contributing to ecological imbalance and degradation of environment of the city. The Court further ordered that the report should contain the measures taken by the Government to prevent such illegal activities. Subsequent application has been filed under the petition. The matter is now pending for hearing. 10. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 6105/1997 (Gas Explosion at Magurchara)The above petition was against the Secretary, Ministry of Energy and Mineral Resources, Chairman, Bangladesh Oil, Gas and Mineral Development Corporation (PETROBANGLA), DG, DoE and Occidental of Bangladesh Limited for their negligence in preventing the fire that engulfed the Magurchhara Gas Field and the adjoining areas, while the Occidental of Bangladesh Ltd. , a reputed foreign oil company, was carrying on with their regular excavation. The statutory authorities permitted such risky operation without proper EIA, as required by the ECA. BELA, the petitioner, also blamed the respondents for failing to combat the after effects of the fire, as reports suggest that it took quite a long time before normal life was restored in the affected areas. A show cause notice was issued upon the respondents to clarify their own position. With the filing of subsequent petition the petition is pending for hearing. 11. Dr. Mohiuddin Farooque v. Bangladesh & others Writ Petition No. 7422/1997 (Gulshan Lake Fill-up)A division bench of the High Court Division issued a Rule in a petition filed in 1997 against implementation of an agreement called the â€Å"Banani, Gulshan, Baridhara Lake Development Project Agreement† signed between RAJUK and Indus Valley Investment Pvt. Ltd. to undertake a huge construction in the said areas, defying and violating the constitutional and legal requirements. The Court directed them to show cause as to why â€Å"the agreement and the subsequent agreements to lease out a total area of 220 acres of public land should not be declared to have been entered/undertaken without lawful authority in violation of law and the constitution against public interest and as such be declared null and void and of no legal effect. † The Government subsequently cancelled the project. 12. Nijera Kori v. Bangladesh & others Writ Petition No. 1162/1998 (Allotment of Land for Shrimp Cultivation)The petition was filed against allotment of Government owned Khas Land to Shrimp Cultivators in Sudharam, P. S. of Noakhali District in contravention of the provision of the Land Management Manual, 1991 and Articles 15, 19, 31 and 32 of the Constitution depriving thereby the landless people. The Court on two occasions restrained the respondents from disturbing the peaceful possession of the landless families. The matter is now pending for hearing. 13. Bangladesh Environmental Lawyers Association (BELA) v. Bangladesh and others Writ Petition No. 2482/1999 (Gulshan Lake) The unlawful filling up of Gulshan, Banani, Baridhara Lake for creating housing plots was challenged by another writ petition No. 482 of 1998 filed by BELA. Following the Petition a division bench of the High Court directed RAJUK to take measures for suspending all construction and/ or filling up of the water body and lakeside areas of Gulshan, Banani and Baridhara Model Towns in specific areas. The Court also issued a rule nisi upon the Ministry of Works and RAJUK to show cause as to why the allotment of on the lake water lake-side area in Gulshan, Banani, Baridhara Town shall not be declared to have been undertaken in violation of the Town Improvement Act, 1953, against public interest and why they should not be directed to restore public property in a manner best suited to public interest.The Court further directed RAJUK to prepare and submit before it a detailed and complete statement regarding allotment of plots and filling up of the lake water and/or lakeside area in violation of the approved Master and Lay Out plan rendering thereby water bodies of the Lake into private properties along with list of names and address of persons in whose favor such allotment have been made and those encroachment upon the lake water and or lakeside. The matter is pending for hearing. 14. Biplob Kumar Roy v. Bangladesh and others Writ Petition No. 1840 of 1999 (Nabaganga River) A Rule Nisi was issued upon the Deputy Commissioner, Narail District for unlawfully leasing out part of the River Nabogonga having its flow through Rajpur to Jaipur Ghat. The rule came as a result of the Petition No. 840 of 1999 filed by BELA and one member of the l

Battle of Olustee in the Civil War

Battle of Olustee in the Civil War Battle of Olustee - Conflict Date: The Battle of Olustee was fought February 20, 1864, during the American Civil War (1861-1865). Armies Commanders Union Brigadier General Truman Seymour5,500 men Confederate Brigadier General Joseph Finegan5,000 men Battle of Olustee - Background: Thwarted in his efforts to reduce Charleston, SC in 1863, including defeats at Fort Wagner, Major General Quincy A. Gillmore, commander of the Union Department of the South, turned his eye towards to Jacksonville, FL. Planning an expedition to the area, he intended to extend Union control over northeastern Florida and prevent supplies from the region reaching Confederate forces elsewhere. Submitting his plans to the Union leadership in Washington, they were approved as the Lincoln Administration hoped to restore a loyal government to Florida before the election that November. Embarking around 6,000 men, Gillmore entrusted operational control of the expedition to Brigadier General Truman Seymour, a veteran of major battles such as Gaines Mill, Second Manassas, and Antietam. Steaming south, Union forces landed and occupied Jacksonville on February 7. The next day, Gillmore and Seymours troops began advancing west and occupied Ten Mile Run. Over the next week, Union forces raided as far as Lake City while officials arrived in Jacksonville to start the process of forming a new government. During this time, the two Union commanders began arguing over the scope of Union operations. While Gillmore pressed for the occupation of Lake City and a possible advance to the Suwannee River to destroy the railroad bridge there, Seymour reported that neither was advisable and that Unionist sentiment in the region was minimal. As a result, Gillmore directed Seymour to concentrate his forced west of the city at Baldwin. Meeting on the 14th, he further directed his subordinate to fortify Jacksonville, Baldwin, and Barbers Plantation. Battle of Olustee - The Confederate Response: Appointing Seymour as commander of the District of Florida, Gillmore departed for his headquarters at Hilton Head, SC on February 15 and directed that no advance into the interior be made without his permission. Opposing the Union efforts was Brigadier General Joseph Finegan who led the District of East Florida. An Irish immigrant and an enlisted veteran of the prewar US Army, he possessed around 1,500 men with which to defend the region. Unable to directly oppose Seymour in the days after the landings, Finegans men skirmished with Union forces where possible. In an effort to counter the Union threat, he requested reinforcements from General P.G.T. Beauregard who commanded the Department of South Carolina, Georgia, and Florida. Responding to his subordinates needs, Beauregard sent contingents south led by Brigadier General Alfred Colquitt and Colonel George Harrison. These additional troops swelled Finegans force to around 5,000 men. Battle of Olustee - Seymour Advances: Shortly after Gillmores departure, Seymour began to view the situation in northeast Florida more favorably and elected to commence a march west to destroy the Suwannee River bridge. Concentrating around 5,500 men at Barbers Plantation, he planned to advance on February 20. Writing to Gillmore, Seymour informed his superior of the plan and commented that by the time you receive this I shall be in motion. Stunned upon receiving this missive, Gillmore dispatched an aide south with orders for Seymour cancel the campaign. This effort failed as the aide reached Jacksonville after the fighting had ended. Moving out early in the morning on the 20th, Seymours command was divided into three brigades led by Colonels William Baron, Joseph Hawley, and James Montgomery. Advancing west, Union cavalry led by Colonel Guy V. Henry scouted for and screened the column. Battle of Olustee - First Shots: Reaching Sanderson around midday, Union cavalry began skirmishing with their Confederate counterparts west of town. Pushing the enemy back, Henrys men met more intense resistance as they neared Olustee Station. Having been reinforced by Beauregard, Finegan had moved east and occupied a strong position along the Florida Atlantic and Gulf-Central Railroad at Olustee. Fortifying a narrow strip of dry ground with Ocean Pond to the north and swamps to the south, he planned receive the Union advance. As Seymours main column approached, Finegan hoped to use his cavalry to lure the Union troops into attacking his main line. This failed to occur and instead fighting intensified forward of the fortifications as Hawleys brigade began to deploy (Map). Battle of Olustee - A Bloody Defeat: Responding to this development, Finegan ordered Colquitt to advance with several regiments from both his brigade and Harrisons. A veteran of Fredericksburg and Chancellorsville who had served under Lieutenant General Thomas Stonewall Jackson, he advanced his troops into the pine forest and engaged the 7th Connecticut, 7th New Hampshire, and 8th US Colored Troops from Hawleys brigade. The commitment of these forces saw the fighting rapidly grow in scope. The Confederates quickly gained an upper hand when confusion over orders between Hawley and the 7th New Hampshires Colonel Joseph Abbott led to the regiment deploying improperly. Under heavy fire, many of Abbotts men retired in the confusion. With the 7th New Hampshire collapsing, Colquitt focused his efforts on the raw 8th USCT. While the African-American soldiers acquitted themselves well, the pressure compelled them to begin falling back. The situation was made worse by the death of its commanding officer, Colonel Charles Fribley ( Map). Pressing the advantage, Finegan sent additional forces forward under the guidance of Harrison. Uniting, the combined Confederate forces began pushing east. In response, Seymour rushed Bartons brigade forward. Forming on the right of the remnants of Hawleys men the 47th, 48th, and 115th New York opened fire and halted the Confederate advance. As the battle stabilized, both sides inflicted increasingly heavy losses on the other. During the course of the fighting, Confederate forces began to run low on ammunition forcing a slackening of their firing as more was brought forward. In addition, Finegan led his remaining reserves into the fighting and took personal command of the battle. Committing these new forces, he ordered his men to attack (Map). Overwhelming the Union troops, this effort led Seymour to order a general retreat east. As Hawley and Bartons men began withdrawing, he directed Montgomerys brigade to cover the retreat. This brought the 54th Massachusetts, which had gained fame as one of the first official African-American regiments, and the 35th US Colored Troops forward. Forming, they succeeded in holding back Finegans men as their compatriots departed. Leaving the area, Seymour returned to Barbers Plantation that night with the 54th Massachusetts, 7th Connecticut, and his cavalry covering the retreat. The withdrawal was aided by a weak pursuit on the part of Finegans command. Battle of Olustee - Aftermath: A bloody engagement given the numbers engaged, the Battle of Olustee saw Seymour sustain 203 killed, 1,152 wounded, and 506 missing while Finegan lost 93 killed, 847 wounded, and 6 missing. Union losses were made worse by Confederate forces killing wounded and captured African-American soldiers after the fighting had concluded. The defeat at Olustee ended the Lincoln Administrations hopes for organizing a new government prior the 1864 election and made several in the North question the value of campaigning in a militarily insignificant state. While the battle had proved a defeat, the campaign was largely successful as the occupation of Jacksonville opened the city to Union trade and deprived the Confederacy of the regions resources. Remaining in Northern hands for the rest of the war, Union forces routinely conducted raids from the city but did not mount major campaigns. Selected Sources CWSAC Battle Summaries: Battle of OlusteeBattle of Olustee Civil War Trust: Battle of Olustee

Spies by Micheal Frayn Essays

Spies by Micheal Frayn Essays Spies by Micheal Frayn Essay Spies by Micheal Frayn Essay The first paragraph of Michael Frayns Spies includes techniques that encourage the reader to feel the intense senses that the narrator is feeling. Frayn tries to set the mood by making the reader feel involved, using vivid smells, sights and sounds that relate them to the narrators world. The descriptions that Frayn has the narrator use are deliberately trying to bring the reader closer to him. The sensual description of the aroma that reminds him of his childhood is also to relate to the reader by describing something that reminds them of a particular event, object or time. Frayns use of poetic language in some of the descriptions also is successful in making the reader connect with the narrator; to intrigue them. The use of a specific time, the third week in June, and there it is again is to bring a sense of realism to the text, which also acts as a basis in which the reader can craft a picture of what the narrator is so mysteriously but vividly describing. The abrupt sentence and there it is again also make the reader feel more involved as it seems that the narrator is talking directly to them. Frayn makes it clear that the undiscovered aroma is of great importance in connecting the narrators adulthood with his childhood and for a moment Im a child again this is clear to the reader that its likely that the body of the text will be based around this particular aroma that brings back all of the frightening half-understood things about his childhood. The descriptions of the narrators street is to encourage the reader to experience the things the narrator is seeing, smelling and feeling, the warm evening air and well ordered gardens, both of which give a description of something that can be related to. This gives the reader the opportunity to feel involved with the scene and the sense that the narrator is experiencing. This is an effective technique used by Frayn as he is inviting the reader to imagine a nice quiet peaceful scene in mid summer, he uses this to give the reader a physical place to build from. He also gives the indication that something is not right everythings before me- all the half-understood promise of life. It indicated the feeling that some events that have passed have not been understood or defined. The narrator portrays his sense of unease in the second paragraph by telling the reader that the aroma must come from one of the gardens. Which one? I can never trace it. this fragmented sentence gives the reader the feeling that the narrator is directly talking to them, asking them in the hope of some clarity, to have the reader feel the same confusion and unease that he is experiencing. He segregates the aroma from other smells around him that are common in his area its not like the heartbreaking, tender sweetness of the lime blossom, for which this citys known. This tells the reader that this particular smell is out of place amongst the familiar smells. The reader is then offered the question I feel what? A restlessness. The narrator is encouraging the reader to realise that this will be the basis of the journey of re-discovery. Frayn uses ellipses to depict that the narrator is struggling to verbalise the answers to which he seeks. This again gives realism to the text, creating once more a feeling of involvement for the reader as the narrator appears to be talking directly with them. The narrator goes on to mention that he is longing to be over the woods at the end of the street and away, away, then in contradiction a kind of homesickness for where I am. This highlights his mental state by emphasizing that he doesnt know what he wants or needs to do. This increases the readers confusion which in turn entices them to continue reading to find out what all of the unease and confusion is based upon. Frayn concludes the second paragraph with a suspenseful statement that is to become one of the many cliffhangers that Frayn employs throughout the novel. I have a feeling that something, somewhere, has been left unresolved, that some secret thing in the air around me is still waiting to be discovered. This informs the reader that the narrator is about to embark on a journey of self-fulfilment and discovery. In conclusion the theme, language and context in which Frayn uses these two paragraphs are very effective in giving the reader a sense of belonging within the text. In my opinion this is a great technique as the reader feels involved in the story from the start, thus enticing them to continue into the main body of the text.

Personnel and organization conflict Essay Example | Topics and Well Written Essays - 500 words

Personnel and organization conflict - Essay Example Performance standards typically emphasize individual performance, but they can also be used to measure group performance. The employees of a company must be notified in written about the performance standards that the workers must comply with. Appraisal programs include the performance standards in order to measure the performance of employees. Some of the measures that are estimated by performance standards include the quality, quantity, cost effectiveness and timeliness of the work performed. Performance standards are needed to control the labor output of the employees. For instance, if an employee is given a performance standard that specifies he must produce at least 25 units per shift, the employee will comply with that amount due to the existence of the performance standard. Monitoring performance standards of a job is a good way to measure the effectiveness of the worker. The use of performance standards can also enhance the ability of the manager to determine operating inefficiencies that need corrective actions to be fixed. Five types of performance measures that managers should consider are efficiency, quality, error rate, revenue, and compliance (Ofm.gov, 2009). Inefficient employees that commit errors must be tracked in order to remedy the situation. A way for management to reduce errors and to improve the quality of the work performed by the workers is through training and development. The use of performance measures helps managers identify weaknesses in the operations of a company. It is important to keep the employees motivated and with high morale to help them achieve a high level of performance. Performance measures enable managers to establish specific criteria for the workers to follow. The use of performance standards provides employees with duties and responsibilities to comply with (Indiana.edu, 2005). The use of written performance measures enables companies to comply with governmental regulations

Evaluation of Demand Elasticity Research Paper Example | Topics and Well Written Essays - 2000 words

Evaluation of Demand Elasticity - Research Paper Example The value of elasticity (e) for a product lies in the range of 0 to 1. If the elasticity for a product is 0 (perfectly inelastic), then the sellers can easily manipulate changes in the price of the product. However, if the demand elasticity for the product is 1 (perfectly elastic), then the sellers must be very careful while changing the price of the product (as the demand is highly sensitive). This research paper will concentrate on the business price elasticity analysis of a Hamilton Beach 4 Speed Blender. The learnt from the paper will help the researcher to analyze the most optimal business strategy for the product (Arnold 167). Section 1: Relative Price Comparison This part of the paper will explain the relative price comparison table for the concerned product, Hamilton Beach 4 Speed Blender. This is a table that would compare the prices of the product with its close substitutes. Relative Price Comparison Table (Source: Author’s Creation) The above table explains the rela tive price comparison table for the Hamilton Beach 4 Speed Blender. The three selected locations are the different cities of Los Angeles. These are West Hollywood, Culver City and Santa Monica. The table would compare the prices of Hamilton Beach 4 Speed Blender in these three locations (prices of the same group products in three different markets in nearby geographic locations) (â€Å"Hamilton Beach 54615 Wavestation Express Dispensing Blender with 48-Ounce Jar, Black†). The two close substitute product of the Hamilton Beach 4 Speed Blender are the Hamilton Beach Big Mouth Juicer and the Hamilton Beach Stainless Steel Peeler of Fruit and Vegetable. It should be considered that there is no perfect substitute for the mixer grinder. This is the reason for which peeler and juicer are the closed substitutes of the product. The table would also compare the prices of the close substitutes of the Hamilton Beach 2 Speed Blender in the same markets (â€Å"Hamilton Beach Big Mouth Jui ce Extractor†). Before the table is analyzed, one has to understand the meaning of a substitute product. Products are substitutes of each other if the features inbuilt in the product satisfy the same type of demand (hence, utility) for consumers. Cross price relation of substitute products is positive. For example, Coke and Pepsi are substitutes of each other and thus, the rise in the price of Coke would decrease its quantity demanded (law of demand) and increase the price for Pepsi (â€Å"Hamilton Beach Stainless Steel Fruit & Vegetable Peeler – 03066†). Price of Coke Quantity Demanded for Pepsi (Source: Author’s Creation) The relative price comparison table in the above graph reflects the price differentials among the close substitutes in the three nearby markets (Hamilton Beach 4 Speed Blender, Hamilton Beach Big Mouth Juicer and Hamilton Beach Stainless Steel Peeler of Fruit and Vegetable) and almost no price differences in the same group of product (H amilton Beach 4 Speed Blender) in the chosen locations in these three markets (Culver City, West Hollywood and Santa Monica). Before the in-depth analysis, the cause for this situation can be explained by theory of simple economics. The close substitutes are actually products with different characteristic