Wednesday, December 25, 2019

Risk Management Plan For Itt Technical Institute - 2529 Words

Risk Management Plan 1. Introduction This Risk Management Plan for ITT Technical Institute, Orange, California starts with a plan that defines the scope and process for the identification, assessment, and management of risks which could impact the school. The objective of the Risk Management Plan is to define the strategy to manage school-related risks so there is an acceptable minimal impact on cost and operational performance. 2. Purpose The purpose of this Risk Management Plan is to establish the framework in which the project team will identify risks and develop strategies to mitigate or avoid those risks. However, before risks can be identified and managed, there are preliminary project elements which must be completed. The purpose of the Risk Management Plan is to establish an approach to monitoring, evaluating, and managing risks throughout the life of the project. A risk is an uncertain event or condition that, if it occurs, has a negative or positive effect on the project’s objectives. The risk management process will identify potential risk sources; assess individual risks and impacts on performance, cost, and schedule; evaluate alternative approaches to mitigate high and moderate risks; and develop action plans to handle individual risks. This document will state the various risks with their classification, mitigation and handling strategies, impact on cost and schedule, and action items. 3. Scope The scope of this document will include Risk Management Planning:Show MoreRelatedProject Management Students Attending Itt Technical Institute949 Words   |  4 Pagesstudents attending ITT Technical Institute are learning some sort of Project Management through specific courses that primarily teach only the theory behind Project Management. The students attending ITT Technical Institute would greatly benefit from hearing from Project Managers and Engineers first hand on what to expect in the field in which the students are studying, and to speak on personal events that they have been through on the job and how the importance of project management helped the speakersRead MoreRisk Mitigation Plan Based On Inputs Provided833 Words   |  4 PagesDLIS risk manager and team will now be responsible with developing a risk mitigation plan based on inputs provided by said team. Funds have been allocated for the plan due to the importance of risk mitigation to the organization. Thus, seni or management is committed to and supportive of the project (ITT-Technical Institute, 2015). Documentation, training, policies and procedures are helpful when creating, testing and implementing a new risk mitigation plan. Documentation is extremely helpfulRead MoreCharter1709 Words   |  7 PagesSCOPE MANAGEMENT PLAN INTRODUCTION Scope Management is the collection of processes which ensure that the project includes all the work required to complete it while excluding all work which is not necessary to complete it. The Scope Management Plan will detail how the project scope will be defined, developed, and verified. The Scope Management plan will also defines who is responsible for managing the projects’ scope and also acts as a guide for managing and controlling the scope through theRead MoreIS3230 Unit 4 Assignment 1 Chris Wigint1197 Words   |  5 Pagesï » ¿ IS3230 Unit 4 Assignment 1 Chris Wiginton ITT Technical Institute, Tampa FL Instructor: David Marquez 14 April, 2014 Access Control Plan INTRODUCTION This Dragon Net Solutions (DNS) Access Control and Account Management Plan details the access control and account management activities for Dragon Net Solutions. It facilitates compliance with the National Institute of Standards and Technology’s (NIST) Recommended Security Controls for Federal Information Systems (NIST 800-53) and theRead MoreEssay on Access Control FInal Project1199 Words   |  5 Pagesï » ¿ITT Technical institute – isc program Project: Access Control Proposal IS3230 - Access Control Bernard Downing David Crenshaw /2014 1 INTRODUCTION 1.1 Title of the project Access Control Proposal Project for IDI 1.2 Project schedule summary The project will be a multi-year phased approach to have all sites (except JV and SA) on the same hardware and software platforms. 1.3 Project deliverables †¢ Solutions to the issues that specifies location of IDI is facing †¢ Plans to implement corporate-wideRead MoreProject Management9882 Words   |  40 PagesIT literacy and competencies; apply industry standards to networking solutions; evaluate technical aspects of systems software, hardware, and services; and design, configure, and deliver network systems. Course Objectives and Learning Outcomes ï‚ § Apply important concepts of project management to the actual Capstone Project proposed for this course. ï‚ § Use Microsoft Office Project to help plan and manage the actual Capstone Project. ï‚ § Analyze the requirements for the Capstone ProjectRead MorePatient Care for Esophagogastric Balloon Tamponade Tubes1547 Words   |  7 PagesWriting Assignment #7 Tiara Diaz ITT Technical Institute/Breckinridge School of Nursing NUR 270 Jennifer Kyte APRN, MSN May 7th, 2012 The plan of care for a patient with esophagogastric balloon tamponade tubes is formulated around the primary nursing diagnosis of ineffective airway clearance related to aspiration of blood (Ackley, B., Ladwig, G., 2011) Bleeding often stop spontaneously, but if it does not, a Sengstaken-Blakemore or Minnesota tube is inserted to provide constantRead MoreBusiness Plan4691 Words   |  19 PagesMyra A. Duke Business Plan Dr. Amona Washington Business Plan Draft September 14, 2015 Executive Summary Natural Vitality Energy Drink Sole purpose is to help increase the energy level of busy and athletic individuals in today’s society. With the busy lives of most people, we are all looking for a quick boost of energy to help get us through those last couple of hours at work or those late nights of cramming for a test, but we should take consider a healthy alternative to the popular energyRead MoreFinance Case Study2989 Words   |  12 Pagesbudgeting, dividend policy, equity issuance, capital structure management, derivative securities, and mergers and acquisitions. The spirit of these cases is to link the study of value creation with a respect for the administrative point of view, and an orientation toward capital markets. All of the cases are set in 1995 or later; 61 percent are new or seriously updated since the third edition. The downloadable paper outlines the plan of the book and its table of contents. October 30, 2002 1 ContentsRead MoreThe Apollo Group (University of Phoenix) Case Study #45 Essay2627 Words   |  11 Pages†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.Page 15 ABSTRACT This paper will examine The Apollo Group, Inc. (University of Phoenix) Case Study 45 in several sections. The components of this paper are five-fold: †¢ To plan strategically for domestic and global environments †¢ Create organizational value †¢ Employ high-performing business management techniques †¢ Solve problems within professional standards †¢ Use appropriate financial models and principles to support The University of Phoenix has emerged as one of the largest

Monday, December 16, 2019

Edna St. Vincent Millay - 950 Words

â€Å"[Women have loved before as I love now]†: Burdens and Foiled Expectations â€Å"Women have loved before as I love now/ At least, in lively chronicles of the past-† (lines 1-2). These opening lines seem to simultaneously show love as something old, trite, and exciting. In â€Å"[Women have loved before as I love now]†, Edna St. Vincent Millay describes the ancient love stories of the past and how she relates to them. She writes how she used to seek out the parts which focused on love, describing the love of past women as something passionate and strong. Millay also goes on to say that out of all the women alive, she feels that only she connects with the love of the past, and that only she truly feels love. â€Å"[Women have loved before as I love now]† shows that passionate love is a joyful burden that is shared by both sexes. When love is typically described, it is thought of as a joy, almost pure. Most people want to be in love. Millay, on the other hand, seems to represent passionate love as almost burdensome. When referring to the act of love itself, she describes the women she identifies with â€Å"bearing as I bear/love like a burning city in the breast† (lines 7-8). She also states â€Å"[I] Do suffer love† (line 11). The words here are all negative, in contrast to what the reader would expect. Yet, the narrator also seems to look upon this way of loving with longing. She seeks the stories of the past, â€Å"Hunt[ing] the amorous line† (line 6). This way of love is how she wants to feel, andShow MoreRelatedEssay about Edna St. Vincent Millay957 Words   |  4 PagesEdna St. Vincent Millay Her career that spanned three decades and her work that ranges from lyrics to verse play and political commentary. Edna St. Vincent Millay is mostly known for her earlier works, such as Renascence, Few Figs Thistles, and Second April. Millay wrote about things such as mystical views on the universe, god, death, celebration of feminism, and free love. Its almost as if she was a writer from today and with that, I believe that she would be comfortable with todaysRead MoreEdna St. Vincent Millay s Sonnet Iv1122 Words   |  5 PagesEdna St. Vincent Millay’s â€Å"Sonnet IV† is a sonnet spoken from the point of view of a woman who is permitting herself to remember an old lover over the duration of her cigarette. The poem is set up through the classical structure of a Petrarchan sonnet and shares the topic of a lost lover. The octave follows the course of the dream, which takes the form of smoke and shadows. The volta marks the end of the cigarette and the dream, but the speaker still continues her memories in the sestet to followRead MoreEdna St. Vincent Millay s Sonnet Iv1257 Words   |  6 PagesWord count: 289 Fugacious Relationships and Everlasting Memories in Edna St. Vincent Millay’s â€Å"Sonnet IV† Edna St. Vincent Millay’s â€Å"Sonnet IV† follows many of the conventions of the traditional Petrarchan sonnet. It follows the traditional rhyming scheme and octet, sestet structure. However it challenges the conventions of the typical subject of the Italian sonnet, unrequited love. In the octet at the beginning of the poem Millay uses images that give a sense of transience and in the ending sestetRead More What lips my lips have kissed by Edna St. Vincent Millay Essays685 Words   |  3 PagesWhat lips my lips have kissed by Edna St. Vincent Millay While reading What lips my lips have kissed by Edna St. Vincent Millay, I realized many things about myself. The first thing was that I, after thinking I would never be able to decipher one word of poetry, actually could. I also found that I was able to enjoy it. Another thing was that the narrator (whom I felt was a woman- no man could portray these feelings like a woman) and I had strikingly similar feelings. There happened to be manyRead MoreFree Verse Techniques Conveying Structure an Analysis of â€Å"Spring† by Edna St. Vincent Millay1512 Words   |  7 PagesFree Verse Techniques Conveying Structure An Analysis of â€Å"Spring† By Edna St. Vincent Millay Composed in free verse, the poem â€Å"Spring† by Edna St. Vincent Millay contains many poetic elements that create a feeling of structure throughout.   As free verse challenges the conventions of writing, so too, does St. Vincent Millay’s interpretation of Spring challenge societies conventional beliefs associated with the season. Millay uses various different poetic elements of writing as effective alternativesRead MoreEdna St. Vincent Millay847 Words   |  4 PagesEdna St. Vincent Millay (1923) used the form of a Petrarchan sonnet, also known as an Italian sonnet for her poem â€Å"What Lips My Lips Have Kissed, and Where, and Why.† The Petrarchan sonnet was a form of love poetry in the fourteenth century and is the most widely used amongst English poets. Petrarchan sonnets consist of an octave followed by a sestet and a volta, which is either located at the end of the octave or the beginning of the sestet and is used to change the point of view or emotion . Millay’sRead MoreLove Poetry By Edna St. Vincent Millay1927 Words   |  8 Pagesreviving these forms and making them more fresh and relevant. American poet Edna St. Vincent Millay can be seen to fit into this category. She is particularly well known for her sonnets. This essay will analyse one of Millay’s sonnets in to context of the evolution of courtly love poetry. The history of the sonnet will also be examined to demonstrate how Millay has faithfully refashioned her poems. However, whist Millay has kept the construction of sonnet pure she has differed in the message it portraysRead MoreLove Is Not All By Edna St. Vincent Millay1217 Words   |  5 PagesThe poem I have chosen to analyze is â€Å"Love is Not All† by Edna St. Vincent Millay. This poem is very different from the normal romanticized love poems that we see today. In this piece, the poet portrays love as secondary to our physical needs because it is unable to sustain us, everything necessary for human survival doesn’t require love. The main idea for the majority of this poem is that love is unimportant. â€Å"Love is Not All† is a sonnet, meaning it is composed of 14 lines. Its structureRead MoreReview Of The Spring And The Fall By Edna St. Vincent Millay1993 Words   |  8 PagesFall† by Edna St. Vincent Millay Edna St. Vincent Millay is one of the most famous poets in the early nineteenth century. She was knowns for being a spectacular American lyric poet whose personal life and verse burned meteorically through the imaginations of rebellious youth in her work during the 1920s (Poetry Foundation). Millay’s literatures consist of many unique mind set and language that brings the author and reader together, which procured the world’s attention. Many people know Millay throughRead MoreOn The Virgins, By Robert Herrick And Edna St. Vincent Millay1290 Words   |  6 PagesCarpe diem, should this idea be the sole focus of individuals in their even if it means that it will have negative impacts on their future? Poets Robert Herrick and Edna St. Vincent Millay answer this question through their own contrasting. In Herrick’s â€Å"To the Virgins, To Make Much of Time† the speaker argues that after an individual has past their youthful stage, their state of mind will gro w old and decrepit. As such should focus on â€Å"seizing the day† as much as possible. To emphasize his viewpoint

Sunday, December 8, 2019

Australian Administrative Law-Free-Samples-Myassignmenthelp.com

Question: Administrative Law mechanisms are largely ineffective and don't provide real avenues for review. To obtain justice, a person should call upon the power of the Courts and ignore the Administrative law framework altogether Do you agree or disagree? Answer: Australian administrative law sets out the degree of responsibility and powers provided to the Australian administrative agencies. It is fundamentally a common law system which has enhancing legislative overlay which have transferred its emphasis towards extensive jurisdiction tribunals and fixed system of judicial review. The rule of law had been established since the Magna Carta of 1215 It has been followed thoroughly in the jurisprudence after the re-drafting of the concept in the late 13th century. Section 75 of the Australian constitution states that original jurisdiction is vested in the high court in the matters where the person being sued or suing is the commonwealth, or on behalf of the commonwealth and in matters where the writ of prohibition or mandamus is claimed against any person related to the commonwealth. Such jurisdiction cannot be altered as it has been provided by the constitution itself and is only possible through amendment by national referendum. The fundamenta l idea in relation to the rule of law is that the application of law has to be made equal to the persons who rule and those who are ruled. The purpose of this paper is to find out whether the mechanisms of administrative law are ineffective largely and do not allow appropriate revenue for the purpose of review and in order to attain justice, people should take the help of the courts and do not consider the framework of administrative law at all. The paper throws a light on the rule of law on which both the frameworks are based. The paper than discusses judicial review in relation to administrative law. The paper discusses the advantages and disadvantages of administrative law and compares it to the court system to analyze the effectiveness of administrative law. The relationship between the people and the government is established by the rule of law. According to Douglas, Roger and head (2014) the stage at where law ends, tyranny is initiated[1]. In addition the concept of the rule of law states that the law in sense is applicable on the behavior and conduct of both public and private officials. The significant sub principles of the rule of law states that no person in the land is bigger than the law, no person on land is inferior to another for law, legal redress is available through courts and the law is always applied. However the concept of the rule is not very simple and can be explained in the best way through the collection of many sub-principles. A comprehensive survey is conducted by the Administrative Review Council in relation to the federal review for the purpose of Administrative Action regularly to analyze the effectiveness of administrative law. As described by Don (2013) the rule of law is a noble lie which is present in the British constitution[2]. As mentioned above then purpose of the rule of law is to make sure that no person can be bigger than the law. The implication of this principle is that all persons are bound to the law. Law is not only applicable to the members of the society but also on the ministers and other administrative officials.[3] Administrative law is the organ of law through which the activities of the administrative agencies made by the government are governed. Actions which are allowed by administrative law to the government agencies include adjudication, rulemaking or enforcing a particular regulatory agenda. Administrative law is a part of public law. As administrative law is a part of public law it is concerned with decision-making related to the administrative units of the government such as commissions, boards and tribunals which are an organ of national regulatory schemes in domain such as international trade, police law, broadcasting, environment taxation and transport. The expansion of administrative law had been triggered significantly in the twentieth century as during this time various government authorities had been created by legislative bodies around the world in order to govern economic, political a social sectors of human interaction.[4] Countries which are governed by civil law have their own special administrative courts which review the decisions of the agencies. On the other hand most of the countries which abide by the principles of common law have enacted a procedure of judicial review which restricts the capacity to be reviewed in relation to the decisions which are made by the administrative bodies[5]. The process is often added with statues and other common law principles which provide a standard rule making process. The review of decisions made by semi-public bodies like disciplinary boards, non-profit corporation and other bodies of decision making which have an effect on the rights of the members of an entity or particular group is also facilitated through administrative law.[6] The judicial review in relation to the decisions of administrative bodies is not as same as the process of administrative appeal. While making a review of the decisions made by the administrative bodies the process in which the decision had been made will only be considered by the court and in case of an administrative appeal the correctness of the decision is verified by a higher body in the hierarchy. The significance of this system is very much in order to appreciate administrative law in the common wealth countries.[7] Parties who are not satisfied with the decision of an agency or minister can take the support of the external review system where the appropriateness of the original decision is determined. The Administrative law in the Australia is a part of the public law which is related to the procedures, powers, duties, liabilities and rights of public bodies through which public policies are administered. The common principle of administrative law states that the administrator or a government officials must be fair and reasonable and in accordance to law while discharging their duties. This concept is the essence of administrative law and the rest is all machinery.[8] The history of administrative law review in the Australia can be traced from the since 1960s which resulted out of the problems from bureaucratic decisions[9]. As a result a committee of selected people had been established in the year 1970 and the recommendations of the company set the foundations for administrative law in Austra lia. The most significant of these recommendations were in relation to the Kerr report which provided for the establishment of the administrative tribunal which had the authority to review administrative decisions on codification, merit and procedural reforms in relation to the judicial review system and the initiation of the ombudsman office. The proposals had been brought into practical use through the passing of the number of federal legislations like the Ombudsman Act 1976, the Administrative Appeals Tribunal Act 1975, the Freedom of Information Act 1982 and the Administrative Decisions (Judicial Review) Act 1977. The process of administrative law initiates from the doctrine of delegated legislation. The law which is not passed through the act of the parliament is known as delegated legislation. Instead a powering act provides the authority to the bodies, person or minister to make delegated legislations. Compared to only a few acts of parliament thousands of delegated legislations are enacted every year by the local bodies. The use of delegated legislation can be in relation to a broad scope of purposes such as technical and narrow matters like setting fees level for a public service to filling details about how a legislation setting out wide principles would in practice be implemented. Delegated legislation in form of administrative law has several advantages and disadvantages. Firstly the enactment of delegated legislation does not is done without the utilization of a lot of time as the various processes which are involved in relation to the cats of a parliament does not have to be observed [10]. It does not take up the precious time of the parliament in relation to deciding small matters such as traffic signs, details of pension schemes thus giving the time to the parliament to focus on significantly broad policies and principles. Secondly, the system ensures that the rules and regulations related to technical matters are designed by those who are experts in such area. Thirdly, the flexibility which is provided through delegated legislations ensures that changing circumstances are dealt which speedily such as increasing service costs, scientific scheme development and minor changes required by policies.[11] On the other hand the process of delegated legislation is often criticized for not been subjected to adequate scrutiny of the parliament as compared to parliament legislations and thus could be used by the bodies in such way which have not been intended or power for which has not been conferred by the parliament to the bodies. In addition a few matters which are ve ry significant and controversial to the public are taken away from the control of the parliament and put in the hands of the government. Another problem with administrative delegated legislation is the number of laws which are passed by the bodies. The number is so large that the public does not get the chance to be aware of the changes. Judicial review is a procedure through which the courts regulate the exercise of power by a public body. If an exercise of power seems unlawful, one may apply to the Administrative Court which is a division of the High Court, for the judicial review of a decision. If the court finds the decision to be violate of any law, it may quash the decision, or award monetary compensation or even may impose an injunction upon the public body[12]. In the case of Council of Civil Service Unions v Minister for the Civil Service [1985] AC 374, as summarized by Lord Diplock, the grounds of judicial review that can revert an administrative decision are Illegality, Procedural impropriety, Irrationality, Legitimate expectation. According to Diplock, the proper and correct understanding of the law, by the decision-maker, that regulates the decision-making power to the decision-maker, is required and it should be effected in the same sense, as obtained from the intent of the law. In the case Bromley Council v Greater London Council (1983), the local council, acted outside the purview of its authority. It was held that the ground of illegality as a ground of judicial review applies to this case. In Australia independent merit reviews of the decisions provided by administrative id done by the Administrative Appeals Tribunal according to the rules of the commonwealth. AAT has been provided the authority to review decisions made by the commonwealth departments, agencies and ministers. The decisions which are made by the non-government bodies and the state governments can also be reviewed by the AAT in specific circumstances. The AAT has been imposed with the duty of making correct and preferred decisions in every case which is brought before it. The establishment was AAT was under the Administrative Appeals Tribunal Act1975as a body between administrative agencies and courts. It is based on the principles of being informal quick economic and fair. The most significant change which has been introduced in Australian through AAT is the right of reviewing a decision based on its merits along with the right to gain information about the reasons behind the decisions[13]. The failure by the decision-maker to observe procedural rules that are provided in the legislation expressly, that confers it it's jurisdiction, faltering to observe rules of natural justice, not acting in accordance with procedural fairness etc. are all included within the purview of procedural impropriety. The Aylesbury Mushroom Case (1972) bears example of such procedural impropriety. A legitimate expectation is said to arise when a person or an association of persons, has been made to understand, by a policy, promise or representation of a public body that, certain steps will be followed in reaching a decision. For instance when an individual or a group has been made to think that certain steps will apply, when an individual or a group relies on a policy or rules by which an area of past executive action is governed. In the case of R v Liverpool Corporation, ex parte Liverpool Taxi Fleet Operators (1972), this has been considered. The court may emphasize that a public body would follow certain procedures ("procedural" expectations), on an expectation of some substantive benefits and not only on a legitimate expectation. The court may emphasize that a public body would follow certain procedures ("procedural" expectations), on an expectation of some substantive benefits and not only on a legitimate expectation. Speaking technically, the judicial function and powers are the primary the work of the courts The High Court is the highest appellate court in the Australia. The principles related to judicial review are provided through Administrative Decisions (Judicial Review) Act 1977(Cth) in Australia. Due to the concept of parliamentary sovereignty followed in the Australia, the High Court is much more restricted in its powers of judicial review in comparison to that of the Constitution or Supreme Courts of some other countries. It is incapable of changing entirely, any primary legislation made by Parliament. However, if any secondary legislation is found to be out of the scope of the powers in primary legislation, the Supreme Court can revert such legislation.[14] Under provisions of Administrative Decisions (Judicial Review) Act 1977(Cth), the High Court, may make a declaration of incompatibility, that is, the legislation subject to the declaration is incompatible with one of the rights in the Australian Constitution. Such a declaration can apply to legislation, irrespective of it being primary or secondary legislation. Traditionally a plaintiff is required to show standing under common law before a right is provided to them to take an action as provided by Australian Conservati on Foundation v Commonwealth[1979] HCA[15]. In case the proceedings are brought under Administrative Decisions (Judicial Review) Act 1977(Cth) the claimant can be any person who has suffered by a decision which is reviewable[16]. A provided by the doctrine of separation of powers in Australia the powers of the courts are only limited to challenge the validity of the decisions made by the executives and not the nature of the decision. The context had been made clear by the High Court in the case of Minister for Aboriginal Affairs v Peko-Wallsend Ltd[1986] HCA 40[17]. However it is not easy to make a distinction between legality and merit matters. In Australia unlike the US or the UK no doctrine exists which prevents the courts from reviewing political questions. Under ordinary circumstances, the courts cannot invalidate legislation and no Parliament can pass laws which the future Parliaments cannot absolutely change[18]. The doctrine of Parliamentary sovereignty does not leave much scope for the judicial review of the Acts of Parliament. The judicial review is thus limited to the decisions of officials and public bodies, and secondary legislation or delegated legislation in Australia .However, ordinary common law remedies, special prerogative orders, etc. are available in certain circumstances against these, where judicial review is not available[19]. The doctrine of ultra vires, dominates the constitutional theory of judicial review. According to the doctrine, the decision of a public authority that exceeds the powers given to it by Parliament can be reviewed. The enforcement of will of Parliament", in accordance with the doctrine of Parliamentary sovereignty, was seen to be the aim of the courts. However, the interpretation of the doctrine has been allowed to be expanded to include errors of law and of fact. The courts have also declared that the rulings under the Royal Prerogative, are subject to judicial review. Therefore, the need to obstruct the abuse of power by the executive along with the need to protect rights of the individuals, determine the contemporary constitutional position of the judicial review[20]. In the case of Batemans Bay Local Aboriginal Land Council v Aboriginal Community Benefit Fund Pty Ltd[1998] HCA 49 it was provided by the High Court of Australia that it is not within the scope of judicial review to review matter which are politically sensitive and related to National security[21]y. In addition with respect to prerogative decisions justifiability cannot initiated through administrative decisions (Judicial Review) Act 1977(Cth) because the Act is only limited to decision which are provided under an legislation of the commonwealth. The system is comparatively young in form of an organized system of rules which are focused upon the rule of law. Generally, most of the scholarly interest in the system is related to judicial review as a form for mediation relations among the state and the individuals. Going towards a few main mechanisms which underline the functioning of administrative justice it can be stated that there are four for consideration which include consultatio n requirements, tribunals, parliamentary ombudsmen and judicial review. These mechanisms provided that how disputes can be addressed before the need of increased formal mechanisms are applied. Taking the example of judicial review a well-established pre action protocol exists which has to be observed in most of the cases before any proceeding can be directed towards the High Court[22]. Consultation requirements are in the Australia are provided through traditional common law principles of fairness which is also known as the rule of natural justice and the value which include informed decision making. The principles of common law provide a right to fair hearing to all individuals which was liked historically to a more constrained protection of rights and interest are now potentially applicable whenever anything is decided. The winding of the scope related to a fair trial has been a part of the narrative doctrine which has developed in around the system of judicial review where the im portance of hearing rights have been provided to the persons even in case of complex national security cases. However, according to the consultation requirement is not the only thing which ensures common law principles as they can also be applied by a legislation which delegates an authority of decision making to public decision makers. The bodies are also involved with the concept of soft law where the views of those affected by decision making are taken into consideration[23]. The debate which stands now is that whether administrative law should be used or it should be totally eradicated and a structured court system should be the only platform for problem solving in Australia. As discussed above there are several advantages and disadvantages which the administrative law system is subjected to just as there are several limitations to the process of judicial review by the courts. Considering, the system of justice provided through the court is also not only limited to advantage, one may conclude that the system of courts is not reasonable to be relied upon independently without the administrative framework supplementing it. Reference List Asimow, M., 2015. Five models of administrative adjudication.The American Journal of Comparative Law,63(1), pp.3-32. Barnett, Hilaire.Constitutional and administrative law. Taylor Francis, 2017. Bingham, L.B., 2010. The next generation of administrative law: building the legal infrastructure for collaborative governance.Wis. L. Rev., p.297. Buck, Trevor, and Richard Kirkham.The ombudsman enterprise and administrative justice. Routledge, 2016. Cane, P., 2011.Administrative law. OUP Oxford. Douglas, Roger, and Michael Head.Douglas and Jones's administrative law. 2014. Elliott, M. and Varuhas, J., 2017.Administrative law: text and materials. Oxford University Press. Farber, Daniel A., and Anne Joseph O'Connell. "The Lost World of Administrative Law." (2014). Forsyth, C.F., 2016. Leading Administrative Law Cases: M v The Home Office [1994] 1 AC 377. Gageler, S., 2017. Controlling Administrative Power: An Historical Comparison. By Peter Cane [Cambridge University Press, 2016. xxiii+ 583 pp. Hardback 59.99. ISBN 978-1-107-14635-8.].The Cambridge Law Journal,76(2), pp.430-433. Gardbaum, S., 2014. Separation of powers and the growth of judicial review in established democracies (or why has the model of legislative supremacy mostly been withdrawn from sale?).The American Journal of Comparative Law,62(3), pp.613-640. Hawke, N., 2013.Introduction to administrative law. Routledge. Law, Matthew Astley. "Attaining Locus Standi as a Private Party in Judicial Review Proceedings in European Community Law: A virtually impossible task?."Diffusion-The UCLan Journal of Undergraduate Research2.2 (2015). LeDuc, Don.Michigan Administrative Law. Thomson Reuters, 2013. Leyland, P. and Anthony, G., 2016.Textbook on administrative law. Oxford University Press. Leyland, Peter, and Gordon Anthony.Textbook on administrative law. Oxford University Press, 2016. Loughlin, M. and Tschorne, S., 2016.Public law(pp. 324-337). Routledge. Loveland, I., 2012.Constitutional law, administrative law, and human rights: a critical introduction. Oxford University Press. Manaster, A. Kenneth, and Daniel P. Selmi.Administrative Law Issues. Vol. 1. California Environmental Law Land Use Practice, 2016. Marume, S.B.M., Jubenkanda, R.R., Namusi, C.W. and Madziyire, N.C., 2016. The Principles of natural justice in public administration and administrative law. Parpworth, N., 2016.Constitutional and administrative law. Oxford University Press. Parpworth, Neil.Constitutional and administrative law. Oxford University Press, 2016. Raadschelders, Jos.Handbook of administrative history. Routledge, 2017. Rawlings, R., 2014. Administrative law in context: restoring a lost connection.Public Law, pp.28-42. Simon, William H. "The organizational premises of administrative law."Law Contemp. Probs.78 (2015): 61. Vermeule, Adrian. "Rationally Arbitrary Decisions in Administrative Law."The Journal of Legal Studies44.S2 (2015): S475-S507. Werhan, Keith.Principles of Administrative Law, 2d (Concise Hornbook Series). West Academic, 2014 Douglas, Roger, and Michael Head.Douglas and Jones's administrative law. 2014 LeDuc, Don.Michigan Administrative Law. Thomson Reuters, 2013. Craig, P., 2015.UK, EU and global administrative law: foundations and challenges. Cambridge University Press. Gageler, S., 2017. Controlling Administrative Power: An Historical Comparison. By Peter Cane [Cambridge University Press, 2016. xxiii+ 583 pp. Hardback 59.99. ISBN 978-1-107-14635-8.].The Cambridge Law Journal,76(2), pp.430-433. Parpworth, Neil.Constitutional and administrative law. Oxford University Press, 2016. Asimow, M., 2015. Five models of administrative adjudication.The American Journal of Comparative Law,63(1), pp.3-32. Parpworth, N., 2016.Constitutional and administrative law. Oxford University Press. Loveland, I., 2012.Constitutional law, administrative law, and human rights: a critical introduction. Oxford University Press. Raadschelders, Jos.Handbook of administrative history. Routledge, 2017. 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Sunday, December 1, 2019

The Effect of September 11th on the Immigration Policy Essay Example

The Effect of September 11th on the Immigration Policy Essay The United States has long been known for the immigrants who flee to its shores to build a new life. Some are escaping tyranny; others are leaving dismal livings conditions and extreme poverty. Whatever the reason, the United States has been a refuge for hundreds of years to almost every nationality in the world. When terrorism took the twin towers down and thousands of lives with it, everything changed.This is an issue that I feel is very important in regards to American culture as we know it. The fact that most of the United States is made up of people who, in one generation or another, came here from another country makes us the â€Å"melting pot† of the world. That open door policy is now being threatened due to certain groups who would jeopardize human life in pursuit of power. This is an issue that affects all people in one way or another and this includes those who are US citizens.Immigration has always been an issue within the United States. The Immigration and Natural ization Service (INS) has been under constant criticism for either being too harsh or being too lenient, depending on the issue. Laws are always changing and there are calls for amnesty. Illegal aliens sneaking across the border is not a new issue and many risk their lives to get into the US, only to be deported and try again.When the September 11th attack occurred, it took everyone by surprise. It was not just that the attack happened on US soil; it was that we had allowed these terrorists to enter the country for educational purposes. These were not the shabby people the media shown sneaking over the border. These were English speaking, average looking, college kids who said they wanted a better education than was offered in their native country.The cry for reform of the current immigration policies was immediate. Suddenly people saw terrorists everywhere and violence escalated based on ethnicity. While some laws were passed to protect the American citizens, others had to be passe d to protect those immigrants who were in the country simply to make a better life.Some immigration policy changes have already been implemented while others are yet to be realized, but the changes continue to be proposed as each new fear or threat possibility arises.One of the major changes in US immigration policy has been in regards to foreign students and visitors to the United States. This new rule, effective once it is published in the Federal Register, effects students who want to study in the US, travelers coming to the States for pleasure or business and person who have ordered deported.Students must have confirmation that they have been accepted into a US school before entering the country. Anyone already in the country cannot apply to attend unless they first return to their native country and apply from there.Tourists and business travelers will be limited to 30 days in the country or the predefined amount of time needed to finish their trip. The maximum extended stay wo uld be shortened from one year to six months, with extensions given only under very specific and limited conditions.Anyone ordered deported or removed from the US must surrender within 30 days or forfeit any right to appeals or sanctuary.In addition, schools reporting requirements have changed as well.Another change was using Florida as a testing ground to allow police to detain people for immigration violations. In the past, this was left up to federal agents. If the testing is successful, other states will follow Florida’s lead.Schools will be required to use the Student and Exchange Visitor Information System (SEVIS) to issue documents to foreign students and report information to the INS. SEVIS is an internet-based system that lets the government, and schools exchange information about foreign students and their dependents.The new regulations will require schools to report the following information to the INS:1. A students enrollment or failure to enroll at the school;2. The start date of the students next term or session;3. A student dropping below a full course of study without authorization;4. Any other failure to maintain status or complete the program;5. A change of the students or dependents legal name or address;6. Any disciplinary action taken by the school against the student as a result of the student being convicted of a crime; and7. A students graduation prior to the listed program end date.The preliminary enrollment period to enable INS approved schools to begin using SEVIS to accept foreign students began on July 1, 2002. (Wipf, 2007)Two groups who are very upset with many of the immigration changes are the Filipinos and the Mexicans. Both groups have a history of migrating to the US in search of work and a better life for themselves and their families.For the Mexicans Sept 11th means that the focus that was on gaining amnesty for the current illegal Mexican immigrants is now on the prevention of terrorist cells entering the country. T hepossibility of working visa programs for the unskilled Mexican worker has been abandoned in favor of heightened security of the borders.;245i would allow illegal aliens to upgrade their status to permanent resident if they had a sponsor.   Congress added the amendment to its border security bill but the Senate removed it. It has not been reinstated at this time. The Filipino community is, along with the Mexican community, one of the groups who use sponsorship to enter the United States and gain residency.Both groups are very family oriented and this increases the already overwhelming task of bringing family members to the US.International tracking systems have also been discussed such as national identification cards and/or fingerprints. This would make it virtually impossible to create a fake identity or obtain immigrant status through deceptive means. This, of course, would have no affect on the illegal aliens.One of the changes with a more wide spread effect is the cancellati on of the J-visa waiver for physicians. Foreign students who come to the U.S. for medical training are required to go back to their home countries for 2 years before they can return to the U.S. The J waiver program for physicians made it possible for them to stay if they would agree to work in medically underserved areas, obtain such an offer and got appropriate government sponsorship. (Wipf, 2002) This affects not only the doctors themselves but the areas that desperately need doctors and medical treatment.The biggest change is the reformation of INS into another agency with two separate departments. The main agency is the Agency for Immigration Affairs and is under the Department of Justice. The two bureaus are the Bureau of Immigration Services and Adjudications, which would take over all immigration applications/processing and status/record keeping functions and The Bureau of Immigration Enforcement, who would handle control and;prosecution of immigration violations and legal ma tters. Critics feel that this was more a rearrangement than a reform but it has not had time to prove or disprove its worth.Immigrants of all nationalities are finding it harder to not only enter the country but to stay. This is includes those ethnic groups who are not of Middle Eastern descent. After September 11th almost all immigrants were under suspicion by the citizens of the United States.Anyone coming from the Middle East or of Middle Eastern descent was subjected to more severe prejudices and accusations. The media has been full of the reports of Middle Eastern men being asked to get off airplanes because the flight crew and other passengers are afraid of them. These men, in particular, are being singled out for baggage and body searches. State and local police are stopping and questioning swarthy-appearing men as never before.There has been a new rash of hate crimes against Arabs, Muslims, Sikhs, or anyone thought by the uninformed vigilante to be a potential terrorist or s ympathizer. For example, there are reports in New York City of attacks on Yemeni-owned delis, the shooting of a Sikh cabdriver, and assaults of Arabs and Pakistanis on subways and on the street. Police are discovering a disproportionately high number of such incidents since September 11th, and not only in New York. (Dean, 2001)Revalidation for nationals with legal visitor status from Iraq, Iran, Syria, Libya, Sudan, North Korea and Cuba may not be automatic anymore. They also are unable to apply for a new visa while abroad. Instead they must return to their home country and apply from there. Many people of Arab, Muslim and South Asian descent have been detained for little or no reason. Arrests of these groups increased dramatically due to a zero tolerance for even minor infractions.;;The President has stated that tougher border patrols are not the answer. He is suggesting a temporary work program that will allow lawful employment for people wanting to enter the United States for wor k purposes.The condition for the temporary work program would be:The program must be truly temporaryAmerican workers must be given priority over temporary workersParticipation should fluctuate with market conditionsThese are ideas that may help ease the burden of border patrol and national guards but they do not address the issue of the thousands of illegal and current legal aliens in the United States. They also do nothing to address the issue of racial profiling, hate crimes or jeopardized civil liberties by the citizens of Middle Eastern descent.The men who suicide bombed the twin towers were of Middle Eastern origin and had come to this country under false pretenses. It becomes a complex process as to who is a threat and who is not. Do we use the ethnic approach and assume anyone from a suspect country has an ulterior motive? Or do we assume that anyone clean cut and studious is automatically not a suspect for terrorism?The President also has ideas on how to screen the future ci tizens already residing in our country.A Rational Middle Ground Between A Program Of Mass Deportation And A Program Of Automatic Amnesty.   It is neither wise nor realistic to round up and deport millions of illegal;;immigrants in the United States. But there should be no automatic path to citizenship.   The President supports a rational middle ground founded on the following basic tenets: ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   No Amnesty.   Workers who have entered the country illegally and workers who have overstayed their visas must pay a substantial penalty for their illegal conduct. ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   In Addition To Paying A Meaningful Penalty, Undocumented Workers Must Learn English, Pay Their Taxes, Pass A Background Check, And Hold A Job For A Number Of Years Before They Will Be Eligible To Be Considered For Legalized Status. ·Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Any Undocumented Worker Seeking Citizenship Must Go To The Back Of The Line.   The program sh ould not reward illegal conduct by making participants eligible for citizenship ahead of those who have played by the rules and followed the law.   Instead, program participants must wait their turn at the back of the line. (Bush, 2007)People will never forget September 11th and the terrible loss of life but it was a loss of innocence and security as well. If reforms are not made to improve both national security and immigration policy then all those people will have died for nothing.Many Muslims who have lived in the US either all their lives or for a few years were as shocked and appalled as the rest of the nation and yet they remain under suspicion to the point of being ostracized at times.;;Other ethnic groups are suffering either from imposed rules that limit their activities within the US or by losing the interest of the government regarding their individual interests. Everyone suffers in a tragedy of this magnitude and the trust is harder to extend to others. This is especi ally true for those who are different or have come from another country.I have researched and written this essay using the content analysis method. I chose this method over an ethnographic approach in order to utilize the massive amounts of coverage on this subject. Content analysis is useful because it enables the researcher to get many versions of an issue and form their own opinion of the matter.I believe the ethnographic approach would have been less effective in this case due to the need for personal interviews. Not only would it be difficult to locate enough people but it would lack the information regarding many of the new immigration laws since many people may not be fully informed of them.