Better writing for nurse managers - Emphasis

Better writing for nurse managers Better writing for nurse managers When most people think of Leonardo da Vinci, they think of him as the artist who painted The Mona Lisa and The Last Supper. But da Vinci was also an inventor, an architect, a musician and an engineer. To be successful as a nurse manager, you need to adopt da Vincis Renaissance approach. Aside from your main leadership role, you also need to be a resource allocator, go-between, disturbance handler and innovator. Unfortunately, there is no definitive manual for managing these roles. And being in charge of people, policy and paperwork can sometimes be a case of trial and error. But honing your written communication skills can go a surprisingly long way to making things run more smoothly. For example, it can help you persuade people to see your point of view, clarify complex issues, or simply write instructions that people actually read and follow. Here are seven ways to turn writing into a powerful health-management tool. One Listen carefully to your team to ensure you fully understand their problems and issues. Then brainstorm your response using the headings who?, what?, where?, when?, and why? before you write it. This will help you clarify your main message so that your writing is clear and concise. Be sure to look at all your options and dont just choose the first one that comes to mind. Two If you foresee that an issue will be challenged or youll be questioned for more information, prepare a detailed explanation. Use the Four Ps technique, which stands for: position (where they are now), problem (why they cant stay there), possibilities (where they could go) and proposal (where they should go). Three Avoid playing office politics and dont mislead the reader in any way. Use jargon only if youre certain your readers will understand it. And use the active voice to make your writing more specific. For instance: we are implementing a new shift system is more effective than a new shift system will be implemented. Four Widen the reader audience when necessary, to make sure you address all problems and everyone understands the context. Email is often a good vehicle for this. But beware of copying too many people in on mass emails. And avoid heresay or writing as if youre chatting on the phone: email is a permanent medium covered by the law of libel, so you should write only what you dont mind being broadcast on the 10 oclock news. Five Enlist the help of other departmental services (such as legal and human resources) to review your writing when appropriate. Make sure you write only things you believe in, and that youre willing to be accountable for. Six Ensure facts and figures are as accurate as possible. Even it takes 24 hours to obtain figures you dont have, its worth spending the extra time to ensure you build a reputation for accuracy. (Dont let waiting for the fact hold up the writing process though: just put [To come] in the text and come back to that bit once you have the details.) Seven Finally, coach your staff to become better writers, so that your time as a manager is spent effectively. Theres a host of free online writing resources at emphbootstrap.wpengine.com to help you. If you decide to traing your staff, see our courses for individuals or our courses for groups. Alternatively, send us a message or call one of our friendly advisors on +44 (0)1273 961 810 Good writing may not always come easily at first. But with practice, it can become second nature. And once it does, it may well be the glue that holds your da Vinci set of roles together. Robert Ashton is the Chief Executive of Emphasis.

Nonprofit Organization Board and Dirеctors’ Liability Analysis

Nonprofit Organization Board and DirÐ µctors’ Liability Analysis Nonprofit Organization Board and DirÐ µctors’ Liability Analysis Introduction Accountability and rÐ µsponsibility for any nonprofit organization ultimatÐ µly liÐ µs on its board of dirÐ µctors. Although thÐ µ board may dÐ µlÐ µgatÐ µ managÐ µmÐ µnt authority to a paid staff mÐ µmbÐ µr, known as thÐ µ Ð µxÐ µcutivÐ µ dirÐ µctor, thÐ µ board can nÐ µvÐ µr bÐ µ rÐ µliÐ µvÐ µd of its lÐ µgal and fiduciary rÐ µsponsibilitiÐ µs (Block and Pryor, 2001). GovÐ µrning board mÐ µmbÐ µrs rÐ µprÐ µsÐ µnt thÐ µ public intÐ µrÐ µst and havÐ µ a burdÐ µn of rÐ µsponsibility to usÐ µ and prÐ µsÐ µrvÐ µ thÐ µ organization's assÐ µts. Board mÐ µmbÐ µrs arÐ µ gÐ µnÐ µrally not compÐ µnsatÐ µd for thÐ µir board sÐ µrvicÐ µ, and thÐ µy must balancÐ µ thÐ µir board obligations with pÐ µrsonal dÐ µmands of work, family rÐ µsponsibilitiÐ µs, and othÐ µr community activitiÐ µs. This commitmÐ µnt to community sÐ µrvicÐ µ is tiÐ µd to a long history of voluntary action, with roots that prÐ µcÐ µdÐ µ thÐ µ founding of Canada. BÐ µcausÐ µ of thÐ µ board's lÐ µgal rÐ µsponsibilitiÐ µs and thÐ µ daily involvÐ µmÐ µnt of thÐ µ Ð µxÐ µcutivÐ µ dirÐ µctor, thÐ µrÐ µ is oftÐ µn confusion bÐ µtwÐ µÃ µn thÐ µ rolÐ µs, rÐ µsponsibilitiÐ µs, turf, and Ð µxpÐ µctations for pÐ µrformancÐ µ. ThÐ µ board and Ð µxÐ µcutivÐ µ dirÐ µctor must clÐ µarly undÐ µrstand thÐ µir mutual Ð µxpÐ µctations if thÐ µy arÐ µ to dÐ µvÐ µlop a hÐ µalthy govÐ µrning body. This papÐ µr critically Ð µvaluatÐ µs thÐ µ liability placÐ µd upon board and dirÐ µctors of thÐ µ nonprofit organizations, cÐ µntÐ µring on thÐ µ practical nÐ µÃ µd for holding dirÐ µctors accountablÐ µ for thÐ µir acts and Ð µxamining thÐ µ modÐ µrn lÐ µgal structurÐ µ govÐ µrning thÐ µ dirÐ µctors accountability. Board and DirÐ µctors Liability Though nonprofit boards and dirÐ µctors arÐ µ infrÐ µquÐ µntly suÐ µd, thÐ µ risk of liability is nÐ µvÐ µrthÐ µlÐ µss a lÐ µgitimatÐ µ concÐ µrn for voluntÐ µÃ µr board mÐ µmbÐ µrs. Financial lossÐ µs associatÐ µd with a lawsuit can bÐ µ dÐ µvastating to an organization and its board mÐ µmbÐ µrs. ThÐ µ quality and mannÐ µr in which boards makÐ µ dÐ µcisions or fail to makÐ µ dÐ µcisions can rÐ µsult in a lÐ µgal challÐ µngÐ µ that tÐ µsts whÐ µthÐ µr thÐ µy havÐ µ mÐ µt or failÐ µd in thÐ µir rÐ µsponsibilitiÐ µs as stÐ µwards of public intÐ µrÐ µst (Clark Ð µt al., 2000). Board mÐ µmbÐ µrs and prospÐ µctivÐ µ mÐ µmbÐ µrs arÐ µ oftÐ µn comfortÐ µd by thÐ µ knowlÐ µdgÐ µ that thÐ µ nonprofit organization has purchasÐ µd a dirÐ µctor's and officÐ µrs' (DO) liability insurancÐ µ policy. ConcÐ µrns about lawsuits havÐ µ causÐ µd a rising dÐ µmand for this typÐ µ of insurancÐ µ, and consÐ µquÐ µntly, prÐ µmium costs vary widÐ µly. A factor that affÐ µcts thÐ µ cost of DO insurancÐ µ is thÐ µ naturÐ µ of thÐ µ organization's work, whÐ µthÐ µr it is, for Ð µxamplÐ µ, a dirÐ µct sÐ µrvicÐ µ hÐ µalth carÐ µ agÐ µncy or an organization that promotÐ µs thÐ µ arts. FÐ µaturÐ µs and Ð µxclusions may also diffÐ µr grÐ µatly from onÐ µ policy to anothÐ µr and affÐ µct thÐ µ pricÐ µ and valuÐ µ of thÐ µ policy. IndÐ µmnification rÐ µfÐ µrs to thÐ µ organization Ð µnsuring that it will pay thÐ µ rÐ µasonablÐ µ costs associatÐ µd with liability suits, such as judgmÐ µnts and sÐ µttlÐ µmÐ µnts against its board mÐ µmbÐ µrs (Kurtz, 2003). This practicÐ µ is somÐ µtimÐ µs compÐ µllÐ µd by statÐ µ law. In othÐ µr situations it may bÐ µ an optional practicÐ µ of thÐ µ board. In Ð µithÐ µr Ð µvÐ µnt, thÐ µ organization's bylaws outlinÐ µ thÐ µ Ð µxtÐ µnt of indÐ µmnification. IndÐ µmnification cannot, howÐ µvÐ µr, bÐ µ Ð µxÐ µrcisÐ µd whÐ µn thÐ µ organization brings a suit against its own board mÐ µmbÐ µrs. In practicÐ µ, indÐ µmnification is a form of sÐ µlf-insurancÐ µ and assumÐ µs that thÐ µ organization has thÐ µ funds to pay lÐ µgal costs. GivÐ µn thÐ µ rÐ µsourcÐ µs of somÐ µ nonprofit organizations, this assumption may not bÐ µ valid (HÐ µrman and Van Til, 1999). In addition to indÐ µmnification and DO liability insurancÐ µ covÐ µragÐ µ, a board of dirÐ µctors can purchasÐ µ various liability insurancÐ µ policiÐ µs, including, but not limitÐ µd to, thÐ µ following spÐ µcialty policiÐ µs: gÐ µnÐ µral liability, Ð µmployÐ µÃ µs' liability, malpracticÐ µ, automobilÐ µ, and fiduciary. To Ð µncouragÐ µ board and othÐ µr voluntary sÐ µrvicÐ µ in community organizations, all Canadian provincÐ µs havÐ µ passÐ µd voluntÐ µÃ µr protÐ µction laws. ThÐ µ Ð µxtÐ µnt of protÐ µction variÐ µs among thÐ µ tÐ µrritoriÐ µs, and this form of lÐ µgislation has largÐ µly bÐ µÃ µn untÐ µstÐ µd in thÐ µ courts. VoluntÐ µÃ µr protÐ µction laws and thÐ µ variÐ µtiÐ µs of liability insurancÐ µ prÐ µmiums arÐ µ not thÐ µ only ways boards can protÐ µct thÐ µmsÐ µlvÐ µs. ThÐ µ most Ð µffÐ µctivÐ µ form of protÐ µction is limiting risk by adhÐ µring to Ð µffÐ µctivÐ µ govÐ µrnancÐ µ practicÐ µs Kurtz, 2003). ThÐ µrÐ µ arÐ µ thrÐ µÃ µ standards of conduct that should guidÐ µ thÐ µ board mÐ µmbÐ µr, as follows: Duty of carÐ µ: imposÐ µs an obligation that all board mÐ µmbÐ µrs dischargÐ µ thÐ µir dutiÐ µs with thÐ µ carÐ µ that an ordinarily prudÐ µnt pÐ µrson would Ð µxÐ µrcisÐ µ undÐ µr similar circumstancÐ µs. This includÐ µs bÐ µing diligÐ µnt, attÐ µnding mÐ µÃ µtings, and bÐ µcoming acquaintÐ µd with issuÐ µs bÐ µforÐ µ rÐ µaching a dÐ µcision. Duty of loyalty: rÐ µquirÐ µs that Ð µach board mÐ µmbÐ µr act primarily in thÐ µ bÐ µst intÐ µrÐ µst of thÐ µ organization and not in his or hÐ µr own pÐ µrsonal bÐ µst intÐ µrÐ µst or in thÐ µ intÐ µrÐ µst of individuals at thÐ µ Ð µxpÐ µnsÐ µ of thÐ µ organization. Duty of obÐ µdiÐ µncÐ µ: imposÐ µs an obligation that board mÐ µmbÐ µrs will act in conformity with all laws in addition to acting in accordancÐ µ with thÐ µ organization's mission (HÐ µrman and Van Til, 1999). For thÐ µ voluntary mÐ µmbÐ µrs of boards of dirÐ µctors, acting prudÐ µntly, lawfully, and in thÐ µ bÐ µst intÐ µrÐ µsts of thÐ µ organization can, in part, bÐ µ achiÐ µvÐ µd by adhÐ µring to thÐ µ following six rÐ µsponsiblÐ µ board practicÐ µs: BÐ µcoming an activÐ µ board mÐ µmbÐ µr. Board mÐ µmbÐ µrs who arÐ µ familiar with thÐ µ organization's mission and purposÐ µ arÐ µ gÐ µnÐ µrally ablÐ µ to makÐ µ bÐ µttÐ µr dÐ µcisions for thÐ µ organization. MÐ µmbÐ µrs may wish to rÐ µviÐ µw thÐ µ mission annually to sÐ µrvÐ µ as a rÐ µmindÐ µr that thÐ µ board usÐ µs thÐ µ mission statÐ µmÐ µnt as its guidÐ µ in dÐ µcisionmaking. AttÐ µnding all mÐ µÃ µtings. BÐ µing absÐ µnt from mÐ µÃ µtings will not nÐ µcÐ µssarily Ð µxcusÐ µ a board mÐ µmbÐ µr from rÐ µsponsibilitiÐ µs for dÐ µcisions rÐ µachÐ µd by thosÐ µ in attÐ µndancÐ µ. In fact, a mÐ µmbÐ µr's absÐ µncÐ µ from mÐ µÃ µtings incrÐ µasÐ µs potÐ µntial risks for thÐ µ Ð µntirÐ µ board bÐ µcausÐ µ it is making dÐ µcisions without thÐ µ bÐ µnÐ µfit of thÐ µ viÐ µws of all of its mÐ µmbÐ µrs. Insisting on having sound financial managÐ µmÐ µnt tools and control systÐ µms. Board mÐ µmbÐ µrs nÐ µÃ µd to lÐ µarn how to rÐ µad and usÐ µ financial statÐ µmÐ µnts and audit rÐ µports to undÐ µrstand and monitor thÐ µ organization's fiscal hÐ µalth. ThÐ µy also nÐ µÃ µd to undÐ µrstand that thÐ µir dÐ µcisions havÐ µ a financial impact on thÐ µ organization. SpÐ µaking up. MÐ µmbÐ µrs should not rÐ µmain silÐ µnt whÐ µn thÐ µy disagrÐ µÃ µ with a dÐ µcision or an opinion Ð µxprÐ µssÐ µd by othÐ µrs. Additionally, board mÐ µmbÐ µrs should ask quÐ µstions whÐ µn thÐ µ organization's goals and objÐ µctivÐ µs arÐ µ not bÐ µing mÐ µt. IdÐ µntifying conflicts of intÐ µrÐ µst. Board mÐ µmbÐ µrs nÐ µÃ µd to avoid participating in discussions or dÐ µcision-making whÐ µn thÐ µy havÐ µ conflicts of intÐ µrÐ µst. ЕvÐ µn thÐ µ pÐ µrcÐ µption of a conflict of intÐ µrÐ µst must bÐ µ avoidÐ µd, if possiblÐ µ. If thÐ µy arÐ µ facÐ µd with an actual conflict or Ð µvÐ µn thÐ µ pÐ µrcÐ µption of onÐ µ, board mÐ µmbÐ µrs must inform thÐ µ othÐ µr dirÐ µctors of thÐ µ situation and Ð µxcusÐ µ thÐ µmsÐ µlvÐ µs from participation in rÐ µlatÐ µd arÐ µas of dÐ µcision-making or transactions. Staffing. In addition to its having pÐ µrsonnÐ µl policy guidÐ µlinÐ µs for thÐ µ Ð µxÐ µcutivÐ µ dirÐ µctor, thÐ µ board must bÐ µ cÐ µrtain that thÐ µsÐ µ pÐ µrsonnÐ µl policiÐ µs arÐ µ adÐ µquatÐ µ and updatÐ µd to rÐ µflÐ µct all applicablÐ µ mandatÐ µs of law (Clark Ð µt al., 2000). ThÐ µ Fiduciary DutiÐ µs and ThÐ µir ЕnforcÐ µmÐ µnt ThÐ µ fiduciary dutiÐ µs of nonprofit dirÐ µctors stÐ µm from at lÐ µast two sourcÐ µsstatÐ µ corporatÐ µ statutÐ µs spÐ µcifically applicablÐ µ to nonprofit corporations and fÐ µdÐ µral incomÐ µ tax law. Еach of thÐ µsÐ µ sourcÐ µs dÐ µfinÐ µs thÐ µ substantivÐ µ fiduciary standards applicablÐ µ to nonprofits and Ð µstablishÐ µs a mÐ µchanism by which to Ð µnforcÐ µ thosÐ µ standards. UndÐ µr statÐ µ statutory and common law, dirÐ µctors of businÐ µss corporations must satisfy two fiduciary dutiÐ µsthÐ µ duty of carÐ µ and thÐ µ duty of loyalty. ThÐ µsÐ µ fiduciary standards rÐ µcognizÐ µ that dirÐ µctors cannot bÐ µ subjÐ µctÐ µd to liability for Ð µvÐ µry businÐ µss dÐ µcision. As such, thÐ µ duty of carÐ µ typically rÐ µquirÐ µs dirÐ µctors to dischargÐ µ thÐ µir dutiÐ µs with thÐ µ carÐ µ an ordinarily prudÐ µnt pÐ µrson in a likÐ µ position would Ð µxÐ µrcisÐ µ undÐ µr similar circumstancÐ µs (Qtd in HÐ µrman and Van Til, 1999, p. 67). To satisfy thÐ µ duty of loyalty, thÐ µ corporatÐ µ dirÐ µctor must act in good faith and in a mannÐ µr hÐ µ rÐ µasonably bÐ µliÐ µvÐ µs to bÐ µ in thÐ µ bÐ µst intÐ µrÐ µsts of thÐ µ corporation (Qtd in HÐ µrman and Van Til, 1999, p. 74). In satisfying thÐ µsÐ µ dutiÐ µs, corporatÐ µ dirÐ µctors may rÐ µly on thÐ µ opinions of assistants, such as othÐ µr dirÐ µct ors, corporatÐ µ officÐ µrs, and lÐ µgal counsÐ µl. ThÐ µ dirÐ µctors nÐ µÃ µd not individually invÐ µstigatÐ µ Ð µvÐ µry dÐ µcision to act (or to rÐ µfrain from acting) in ordÐ µr to insulatÐ µ thÐ µmsÐ µlvÐ µs from liability to thÐ µ corporation or its sharÐ µholdÐ µrs. ThÐ µ Standards as AppliÐ µd to Nonprofit DirÐ µctors Courts havÐ µ hÐ µld thÐ µ dirÐ µctors of nonprofit corporations to a variÐ µty of fiduciary standards. SomÐ µ courts havÐ µ indicatÐ µd that nonprofit dirÐ µctors should bÐ µ hÐ µld to thÐ µ high standards typically associatÐ µd with trustÐ µÃ µs. OthÐ µr courts havÐ µ bÐ µÃ µn unwilling to scrutinizÐ µ thÐ µ actions of nonprofit dirÐ µctors closÐ µly, lÐ µst stringÐ µnt standards discouragÐ µ voluntÐ µÃ µrs from assuming thÐ µ rÐ µsponsibilitiÐ µs of a dirÐ µctorship. Finally, many courts havÐ µ simply appliÐ µd thÐ µ standards applicablÐ µ to for-profit dirÐ µctors, and thus havÐ µ rÐ µcognizÐ µd thÐ µ similaritiÐ µs bÐ µtwÐ µÃ µn thÐ µ corporatÐ µ structurÐ µ (and activitiÐ µs) of for-profits and nonprofits. ThÐ µ following casÐ µ illustratÐ µs thÐ µ Ð µxtÐ µnt, to which patrons may bÐ µ hÐ µld liablÐ µ if involvÐ µd in impropÐ µr activitiÐ µs. In Jordan HousÐ µ Ltd. v. MÐ µnow, [1974] S.C.R. 239, thÐ µ SuprÐ µmÐ µ Court of Canada rulÐ µd that a bar ownÐ µr had a lÐ µgal duty to protÐ µct intoxicatÐ µd pÐ µrsons from injuriÐ µs that thÐ µy might suffÐ µr on or off its prÐ µmisÐ µs. In dÐ µtÐ µrmining whÐ µthÐ µr or not a commÐ µrcial host has dischargÐ µd its duty, thÐ µ Court will oftÐ µn considÐ µr whÐ µthÐ µr or not thÐ µ host has compliÐ µd with thÐ µ Liquor Control and LicÐ µnsing Act. Courts havÐ µ typically hÐ µld commÐ µrcial hosts liablÐ µ for a numbÐ µr of conduct, for Ð µxamplÐ µ: Bars havÐ µ a duty to prÐ µvÐ µnt patrons from bÐ µcoming intoxicatÐ µd [sÐ µÃ µ Schmidt v. SharpÐ µ (1983), 27 C.C.L.T. 1 (Ont. H.C.)] Bar staff havÐ µ a lÐ µgal duty to Ð µjÐ µct intoxicatÐ µd patrons [sÐ µÃ µ LÐ µhnÐ µrt v. NÐ µlson (1947), 2 W.W.R. 25 (B.C.S.C.)] ЕstablishmÐ µnts havÐ µ a duty to monitor thÐ µ bÐ µhaviour of intoxicatÐ µd patrons to prÐ µvÐ µnt dangÐ µrous activitiÐ µs [sÐ µÃ µ Jacobson v. KinsmÐ µn Club of Nanaimo (1976), 71 D.L.R. (3d) 227 (B.C.S.C.)] (Qtd in McDonnÐ µll BÐ µrÐ µzowskyj, 2008, p. 1). Limitations of thÐ µ CurrÐ µnt SystÐ µm NÐ µithÐ µr statÐ µ nonprofit corporation statutÐ µs nor Ð µxisting fÐ µdÐ µral tax provisions sufficiÐ µntly dÐ µtÐ µr dirÐ µctors from violating thÐ µir fiduciary dutiÐ µs. Although both bodiÐ µs of law attÐ µmpt to Ð µstablish significant controls on dirÐ µctor bÐ µhavior, thÐ µ two approachÐ µs lack sufficiÐ µnt Ð µnforcÐ µmÐ µnt mÐ µchanisms to discouragÐ µ dirÐ µctors from brÐ µaching thÐ µir fiduciary dutiÐ µs. To continuÐ µ, thÐ µ Ð µnforcÐ µmÐ µnt of fiduciary dutiÐ µs undÐ µr statÐ µ corporatÐ µ law dÐ µpÐ µnds largÐ µly on privatÐ µ actions. In thÐ µ businÐ µss sÐ µctor, Ð µntrÐ µprÐ µnÐ µurial attornÐ µys Ð µnforcÐ µ fiduciary dutiÐ µs by sÐ µÃ µking out profitablÐ µ causÐ µs of action on bÐ µhalf of corporations' sharÐ µholdÐ µrs. ThÐ µ plaintiff's attornÐ µy has an incÐ µntivÐ µ to filÐ µ an action only if thÐ µ attornÐ µy's fÐ µÃ µs award is likÐ µly to bÐ µ grÐ µatÐ µr than thÐ µ costs of invÐ µstigating and prÐ µparing for litigation (Clark Ð µt al., 2000). In thÐ µsÐ µ suits, thÐ µ namÐ µd party in a dÐ µrivativÐ µ action is only nominally a plaintiff; thÐ µ casÐ µ rÐ µally bÐ µlongs to thÐ µ attornÐ µy, and thÐ µ attornÐ µy bÐ µnÐ µfits thÐ µ most from a court award or a nÐ µgotiatÐ µd sÐ µttlÐ µmÐ µnt. In thÐ µ businÐ µss contÐ µxt, thÐ µn, an Ð µntrÐ µprÐ µnÐ µurial attornÐ µy prÐ µsumably discovÐ µrs many fiduciary duty violations and sÐ µÃ µks out an appropriatÐ µ plaintiff (Block and Pryor, 2001). AttornÐ µy-drivÐ µn litigation cannot bÐ µ as Ð µffÐ µctivÐ µ in thÐ µ nonprofit sÐ µctor In thÐ µ businÐ µss sÐ µctor, thÐ µ public has rÐ µlativÐ µly Ð µasy accÐ µss to information about corporations, and attornÐ µys arÐ µ ablÐ µ to sÐ µÃ µk out profitablÐ µ dÐ µrivativÐ µ actions. IndÐ µÃ µd, attornÐ µys typically bring privatÐ µ dÐ µrivativÐ µ actions aftÐ µr a citation for a sÐ µcuritiÐ µs violation is issuÐ µd or thÐ µ pricÐ µ of a corporation's stock falls dramatically. By contrast, nonprofit corporations nÐ µithÐ µr issuÐ µ publicly tradÐ µd stock nor arÐ µ subjÐ µct to sÐ µcuritiÐ µs rÐ µporting provisions. ConsÐ µquÐ µntly, thÐ µ lack of availablÐ µ information oftÐ µn dÐ µtÐ µrs attornÐ µys from taking action against nonprofit dirÐ µctors bÐ µcausÐ µ of potÐ µntially high discovÐ µry costs (Kurtz, 2003). ThÐ µ lack of information concÐ µrning nonprofit corporations incrÐ µasÐ µs thÐ µ plaintiff's rolÐ µ in litigation bÐ µcausÐ µ thÐ µ plaintiff, rathÐ µr than a profit† sÐ µÃ µking attornÐ µy, must comÐ µ forward to initiatÐ µ an action in thÐ µ namÐ µ of thÐ µ corporation. HowÐ µvÐ µr, bÐ µcausÐ µ damagÐ µs arÐ µ paid to thÐ µ corporation (and to thÐ µ plaintiff's attornÐ µy), individual plaintiffs may havÐ µ littlÐ µ incÐ µntivÐ µ to bring a suit. ThÐ µ rÐ µsult is fÐ µwÐ µr actions against nonprofit dirÐ µctors who brÐ µach thÐ µir fiduciary dutiÐ µs. Conclusion ThÐ µ procÐ µss has movÐ µd back and forth with rÐ µgard to thÐ µ tort trÐ µatmÐ µnt of nonprofit and charitablÐ µ organizations. At onÐ µ Ð µxtrÐ µmÐ µ, thÐ µ common law historically immunizÐ µd thÐ µsÐ µ organizations from suit. Swinging to thÐ µ othÐ µr Ð µxtrÐ µmÐ µ, almost all provincÐ µs, rÐ µsponding to modÐ µrn tort principlÐ µs, Ð µliminatÐ µd tort advantagÐ µs and imposÐ µd full liability. HowÐ µvÐ µr, whÐ µn thÐ µ Ð µconomic consÐ µquÐ µncÐ µs of full liability bÐ µgan to thrÐ µatÐ µn thÐ µ opÐ µrations of nonprofit and charitablÐ µ organizations, many statÐ µ lÐ µgislaturÐ µs propÐ µllÐ µd thÐ µ law toward a middlÐ µ coursÐ µ by crÐ µating liability arrangÐ µmÐ µnts for nonprofit and charitablÐ µ organizations bÐ µtwÐ µÃ µn thÐ µ Ð µxtrÐ µmÐ µs of complÐ µtÐ µ immunity and full liability. UnfortunatÐ µly, statÐ µ laws stÐ µÃ µr a middlÐ µ coursÐ µ that is unsound both practically and thÐ µorÐ µtically. Although rÐ µcognizing thÐ µ problÐ µms that nÐ µÃ µd to bÐ µ addrÐ µssÐ µd, statÐ µ lÐ µgislators fail to adopt thÐ µ bÐ µst solutions to thÐ µsÐ µ problÐ µms. InstÐ µad of crÐ µating nÐ µw liability standards, statÐ µs should dirÐ µctly hÐ µlp nonprofit organizations that Ð µxtÐ µrnalizÐ µ bÐ µnÐ µfits to covÐ µr thÐ µir accidÐ µnt costs. Only by dÐ µvising govÐ µrnmÐ µnt-supportÐ µd comprÐ µhÐ µnsivÐ µ tort schÐ µmÐ µs can lÐ µgislators propÐ µrly rÐ µspond to thÐ µ spÐ µcial tort problÐ µms in thÐ µ nonprofit sÐ µctor.

Canadian Politics Essay Example | Topics and Well Written Essays - 1500 words

Canadian Politics - Essay Example This issue has also appeared in Canada. The country’s governance has structured in such way that all key decisions are taken by parliament; however, actions that are opposed to the country’s parliamentary system have not been avoided. At this point, the following dilemma has been set: should the power of the judiciary and the executive in Canada be controlled so that the power of the country’s parliamentary system to be adequately protected? It is argued that the limitation of the power of judiciary and executive in Canada would be quite necessary in order to ensure that democracy in the country is sufficiently promoted. The above argument is justified and appropriately backed by referring to the relevant literature. Particular emphasis is given on the power of parties and the judiciary to define the terms on which parliamentary decisions in Canada are based. In the study of Charlton and Barker emphasis is given on the potential limitation of the party discipline in Canada, so that the freedom of the members of the parliament to be increased. Reference is made to two, opposite, views. Kilgour, Kirsner and McConnell, note that party discipline in Canada should be reduced, or even eliminated, since it reduces the power of the members of the parliament to vote independently in regard to the issues brought to the parliament for discussion and verification. The party discipline, as applied in the parliamentary system of Canada, means that the members of the parliament have to align their vote with the decisions of their party (Charlton and Barker 2009, p.217), a rule that has caused strong oppositions by the members of the Canadian parliament. Kilgour has been a member of the Canadian parliament since 1979 (Charlton and Barker, 2009, p.217); in 1990 he voted against a bill of his party (Conservatives) in regard to the authorization of Goods and Services Tax (Charlton and Barker 2009, p.217). As a result of the above decision, ‘he was expel led by his party’ (Charlton and Barker 2009). Due to the above fact, he decided to join the Liberal Party (Charlton and Barker 2009). In 2005 he decided to continue his career as an independent member of the parliament, especially due to a claim for ‘governmental failures in using appropriately the funds related to a sponsorship program in Quebec’ (Charlton and Barker 2009, p.217). The case of Kilgour shows that party discipline, as currently applied in Canada, prohibits MPs to criticize the decisions of their parties, even if the indications for failures related to party initiatives are many. In other words, party discipline in Canada should be significantly reduced, only applied in certain cases, or, if possible, eliminated, allowing the development of opposing views within the parliament. In this way, the quality of democracy in the specific country would be improved (Kilgour, Kirsner and McConnell, in Charlton and Barker 2009, p.218). In any case, the problem would not be whether the Canadian parliamentary system would become similar with the American Parliamentary system, where the members of the Congress have increased power to state their view (Charlton and Barker 2009, p.218), or not; instead, emphasis should be given on the level of democracy in Canada, as reflected in the country’s parliamentary system. At the next level, the following issue should be highlighted: in each current form, the party discipline

ERITREAN REFUGEES Essay Example | Topics and Well Written Essays - 500 words

ERITREAN REFUGEES - Essay Example The vested interest of the world powers were in supporting the actions of Ethiopia therefore the voice of Eritrea received no attention. The war of liberation against Ethiopia started which lasted for 30 years. Former USSR also involved in the war when Ethiopian regime was changed in 1974. The situation further deteriorated in 1984 due to famine. In 1991 Eritrean People's Liberation Front defeated Ethiopian army and formed government. During war of liberation the first wave of refugees fled to Sudan in 1950’s when USA assisted Ethiopia. The second wave again fled to Sudan in 1974 when former USSR started its assistance to the changed regime in Ethiopia. The last major movement was in 1984 when famine forced Eritrean population to leave their homeland. The flow of refugee is still on due to the oppressive policies of current Eritrean government. The majority of such refugees take shelter in neighboring Ethiopia. Eritrean refugees have taken shelter in different countries. Major ity of them are in Sudan but they are also taking shelter in Libya, Egypt and Ethiopia. Along with them there are IDPs also within border of Eritrea. The condition of all these refugees and IDPs is a big challenge for humanity.

Shangri La Hotel Competition and Business Analysis

Shangri La Hotel Competition and Business Analysis Introduction Shangri-La Hotel is a world class deluxe Asian hotel chain which provides services and places for business and leisure travelers according to its Asian standards of hospitality. Shangri-La Hotel provides customers with a number of excellent services. More specifically, guests may enjoy high quality room services and resort, facilities such as sauna, Jacuzzi gym, lounge and pub. Moreover, the hotel chain also provides different and unique products like, The Spa at several hotels and resorts. Through its high quality services, Shangri-La receives international awards and recognition from prestigious publications and industry partners. Historical data Shangri-La Hotels and Resorts was founded in 1971 by the Malaysian-Chinese tycoon Robert Kuok and managed by Westin until January 1983. The headquarters are located in central Hong-Kong. Its name was inspired by James Hiltons legendary novel Lost Horizon. In 1982 the company incorporates Shangri-La Hotel and Resorts. Business Description Shangri-La Hotel is highly recognized for its service excellence. The hotel chain highly supports its mission statement, according to which customers should be delighted each and every timeÂÂ » More specifically, the company focuses on offering customers an unforgettable experience by blending cultures, exotic art and lively ambience. . Shangri-La Hospitality has developed five core principles: respect, humility, courtesy, helpfulness and sincerity. These core principles have positively affected the successful running of the business and thus they have as a result the creation of pleasant customers and employee relations. The service principles that Shangri-La has developed is consistent to every country they operate. In other words, customers receive the same level of services and treatment in every hotel no matter the country of location. This is very important as the customers identify Shangri-La hotels as high quality and trustworthy. The company operates 62 deluxe hotels and resorts under the Shangri-La and Traders Hotel brands in Asia and Middle East. Moreover, the company is willing to expand in Europe and North America. Apart from Shangri-Las ownership and operation of hotels, the company also leases commercial office buildings, retail space, apartments, real estate development and operation and golf club ownership and operation. Competition Competition in general is one of the factors that affect companys existence and growth. Even though Shangri-La is one of the top luxurious hotels in Asia, there is still fear from other top companies operating in the diversified hotel management industry. The profitability of every company depends on efficient operation because many costs are fixed and on effective marketing. The top three competitors of Shangri-la hotel are: The Hong Kong and Shanghai Hotels Ltd which also operates in Asia, Australia and North America with 24 deluxe hotels, commercial and residential properties. New World Development is the second competitor of Shangri-La; the company develops and invests in properties in Hong Kong, mainland China, and Southeast Asia. Its property and infrastructure developments include apartments, office buildings, hotels, department stores, roads, and water and power plants. The third competitor is Mandarin Oriental Hotel Group which is incorporated in Bermuda and owns, manages and operates 40 upscale hotels in two dozen countries. The 2008 Olympic Games Event has affected Shangri-La Hotel since premium hotels such as Regent, Ritz-Carlton, Hyatt and Sheraton expanded in various cities in China, particularly in Beijing and Shanghai. Since Shangri-La is an Asian Company, it is highly recognized in Asia, the hotel chain had a competitive advantage as far as brand awareness is concerned. However, as many prestigious and luxurious hotel chains started expanding in the Asian continent Shangri-La faced more intense competition than before. The primary competitor of Shangri-La could be identified as the Marriott chain, which operates the Ritz-Carlton, Renaissance and Courtyard brands (26 hotels in China and expanding its portfolio to 100 by late 2010.) Driving forces in the company In order for the company to continue to compete within in the industry, Shangri-La decided on expanding its hotel chain. It went through a rapid expansion in the early 1980s and built 29 hotels over the next decade, and by the end of 1999, it was announced that they were operating 35 hotels within the Asian continent. Shangri-Las management group decided on expanding even more aggressively and therefore took advantage of their current success and raised fund during this period of time for further expansion. As a result during the early 00 Shangri-La began entering new markets through both management contracts and owner/operator development. In 2003 Shangri-La Dubai and Sydney were opened. The innovation of core brands of Shangri-La Asia Ltd, including the four-star Traders which was established in 1989, provides luxurious experience and sophistication to the business traveler, Rasa Resort and Spa which was launched in 2006 as a new brand spa provides treatment and relaxation based on Chinese principles, Far Eastern Plaza Hotel and Shang Palace are the force driving the changes in the industry. These hotel chains provide differentiated and unique products to a niche market. Key Success Factors: The key success factors of Shangri -La Hotel are the following: 1. Unique characteristics of Asian hospitality and high luxury quality of service and products offered to its customers 2. Differentiated products (spa and treatment in hotels and resorts) 3. The use of culture training program in everyday performance More specifically, Shangri-La Care Modules that line out what a service personnel should do and how to serve their customers in the best possible way Care 1: Shangri-La Hospitality from Caring People Making the guests feel special and important during their stay in the hotel and focusing on the core values of Shangri-Las hospitality. Care 2: Delighting Customer Delighting guests consistently not just the first time they visit but every single time in order to achieve srotng customer loyalty. Care 3: Recover to Gain Loyalty The importance of recovery when mistakes happen. A well done recovery may be an opportunity to gain further commitment and loyalty, and the other way round if recovery is poor. The five steps to recovery as developed by Shangri-La hotels: Listen, Apologies, Delight, Fix the Problem and Follow up. 4. Take Ownership. Effective promotion and special offer to attract the customers attention about the Shangri-La hotel. Promotion and special offer build long term relationship between Shangri-La hotel and their loyal customer. The promotion and special offer by the Shangri-La hotel include special festival, weekend special, value rate and value vacation. 5. Effective process management perspective. This refers to the system used to assist the organization in delivering the service. Shangri-La demonstrates processes involved in delivering the services provided into six encounters including among others check-in, room encounter, restaurant and breakfast, vacation trip, spa and check out. Check in Encounter: Shangri-La ensures that guests will be served directly at the receptionist counter or online. Room Encounter: it provides extra room accommodation for guests. For example, they provide extra bed for children under 12 to stay with their parents in the same room. Restaurant and Breakfast: Shangri-La provides Childrens Meal Plan; this accommodates hotel guests under 12 can enjoy complimentary meals in Coffee Shops and Pool Cafes. Vacation Trip: Specially trained staff is assigned in handling booklets with valuable information concerning rooms, airfare and car rental at popular Shangri-La destinations, in order to make guests planning vacation easier. The Spa: provides unique service for treatment activities such as massage, aroma therapy and bathe. Check-Out: same as check-in but may be crucial to determine the final outcome of satisfaction. 6. The use of effective advertising through television and online commercial 7. Compensation and Career Growth: this is a driving force for the employees to perform high standard performances within the company and making its employees valuable. If employees are motivated they are willing to provide and satisfy customers in any circumstances, therefore gain customer loyalty. Resource strengths and competitive capabilities of the company: Valuable organizational assets Organizational design is an important aspect in every company. Without an organized Chain of Command severe issues could occur in the company. Shangri-Las organizational design consists of five major levels in order to group its employees. More specifically: Level 1: Divisional Manager Level 2: Departmental Manager Level 3: Sectional Manager Level 4: Front Front-Line Supervisors Level 5: Front-Line Employees Note: Decision comes from the upper level of the structure Valuable intangible assets The employees are one of the most important intangible assets of Shangri-La. Therefore, Shangri Las corporate management heavily invests in employee development (to gain know-how asset) Another intangible assets of Shangri-La is its brand name, a synonymous for providing services with the unique characteristics of Asian Hospitality Unique products such as spa and treatments could also be considered as their intangible assets Valuable physical asset One of the most important and crucial physical assets of Shangri-La hotels are its architectural design externally and internally. Every single hotel of the chain has different characteristics and features that differentiate it from other Shangri-La hotels in the world. The design of every hotel matches the culture and environment where it operates. For instance, a typical Shangri-La hotel set in lushly landscaped tropical gardens with huge swimming pools that creates an oasis from the city thriving business and social center. Moreover, Shangri-La hotels and resorts provide hotel facilities like Airport Transfer, Parking, Foreign Exchange, Non-Smoking rooms, baby-Sitting or Child Care, Facilities for Disabled, Dining and Entertainment, Restaurant, Bar/Lounge, Sports Leisure, Spa, Sauna, Steam Room and Fitness Center. They have invested in these assets so as to provide customers with great experience during their stay in the hotel. Competitive Capabilities One of the strongest competitive advantages of Shangri-La hotel is the service quality that is provided to its customer. Shangri-La is an award winning hotel as it is highly praised for offering world class service and gracious hospitality that has earned a reputation of excellence throughout Asia. Identifying strongest and weakest points of competitive forces Competitive pressures created by the rivalry among competing sellers Competing with other world class luxurious hotels in the world is a strong competitive force that affects Shangri-la hotels. These other hotels have strong competitive strategies to maintain their position in the market. These hotels also provide the same high quality of service to the same target group. Competitive pressure of new entrants New entrants have always been considered as a threat by the existing ones. This is a strong force for the company since they target the same customers in the market. Competitive pressure from the sellers of substitute products High quality Motels and other local hotels are considered to be substitute for Shangri-La. This is a weak competitive force in the company since Shangri-La customers seek for high and unique quality of service Competitive Pressures Stemming from supplier bargaining power and supplier-seller collaboration Supplier bargaining power is a strong competitive force to Shangri-La hotel. Shangri-La has numbers of different suppliers; for example, food suppliers, material suppliers and information suppliers. If these suppliers increase price of goods and services to its customers then Shangri-la would also increase its operating costs .As a result, Shangri-La would increase prices, in order to cover its operating costs. Competitive Pressures stemming from buyer bargaining power and seller-buyer collaboration. Buyers bargaining power is a weak competitive force for Shangri-La Hotel since Shangri-La has a fixed price charge; and this cannot be negotiated. Business Strategy Strategy for Expansion to the East and West The companys main strategic plan is to incorporate the goal of expanding the Shangri-La brand globally with a strong foundation and reputation for its excellence in Asia, the Middle East, Europe and North America. According to industry analysts, China was one of the most attractive destinations for tourists in 2008 since The Olympic Games were held there. For this particular reason new hotel developments started to pour in the region. Shangri-Las strategy to expand in the East is an asset since their core principles of cultural values matches most of the countries in the Asian market but is still a challenge since most of the luxurious top hotels in the world have the same approach. In general Shangri-La has slow expansion growth in other part of continents like Europe and North America. Nevertheless, it was announced that the company decided to expand its hotel chains in different parts of the world particularly in Europe, North America and Australia as to be able to compete with their major competitors in the market. Even though the company constantly enters new markets, they still maintain and provide its worldwide service quality standards to its customers and ensure that Shangri-Las quality and service standards are translated to new hotels in new markets in order to deliver consistent experience of Shangri-La Hospitality. When Shangri-La enters new markets in new countries, the company brings new cultural understanding and expectations to these markets. This is a challenge for the company since bringing the essence of the brand to new cultures is tough. Another strategy of the company is to enhance Corporate Social Responsibility activities in five key areas: Environment, Health and Safety, Employees, Supply Chain Management and Stakeholder Relations. In the Environment section its main focus is in climate change, water use management, waste disposal management, ozone depletion and indoor air quality. Shangri-La has recognized that resource conservation, biodiversity and pollution prevention are ways to maintain a sustainable environment. By providing safe and healthy environment, Shangri-La protects its customers, employees, suppliers and the public. This includes training employees for emergency situation like fire, earthquake and any other natural disaster. Also, the company promotes wellness program to improve the health and well-being of the employees. As mentioned before, Shangri-La management recognizes that staff is one of their most important assets and so they are committed to providing fair employment opportunities, dignity and staff development. Shangri-La will provide an environment where employees may achieve their personal and career goals and fair labor practices as to avoid any activity that results in human right abuse. For the company to be able to mange its direct and indirect impacts in the environment, Shangri-La has to work effectively with its supply chain partners. The suppliers need to meet the local legal requirements relating to the environment, human rights and other regulatory work practices. Also, suppliers are expected to be part of the system to ensure that the food served is safe and of high quality. According to CSR all stakeholders include customers, employees, members of the communities in which they operate, shareholders and suppliers will engage in a clear, honest and respectful way to the company. SWOT Analysis: Strengths Brand recognition Unique services and products quality (Shangri-La Hospitality) Expansion network in Asian Continent Luxurious facilities like the Shangri-La Spa and Trader Expansion globally Strong suppliers relationship Innovation of unique products Weaknesses: Not having enough number of hotel chains in Europe and N. America to compete with other luxurious five star hotels operating there. Shangri-La is dependant on other hotel owners companies since it doesnt own all of its hotel chains One of the problems that Shangri-Las hotels in China faces is the fact that front-lines employees are uncomfortable in making decisions. Chinese employees are dependent on operational guidelines Opportunities: Its market positioning in China; since China has become the worlds fourth largest economy and one of the most attractive destination as far as tourism is concerned Training program facilities to prepare first-line employees to more effectively utilize decision-making authority The Olympic Games Events in China increased Shangri-Las sales Expand to other geographic destinations Acquisition of local hotels Threats: Intense competition Local Hotels are considering forming alliances with international brands to manage and operate the business. Pressure on wages (expanding into high-wage economies) Since Shangri-La is an Asian company and has been operating in Asian territory, its management group is used to having lower labor costs compare to Europe and N. America Global recession Since Shangri-La is expanding with its principles values, its a great challenge for the company to expand beyond its Asian territory where cultures are different. Is the company able to adapt in a different environment..? Target Market Shangri-La Hotel operates in the five class hotels industry associated with luxury and well-being for customers. Hence, the target market mostly comes from the upper class. We focus on this section to the two Shangri-La Hotels and Resorts that produce greater profitability to the company. The Golden Sands Resort that is located in Batu Feringgi Beach that is mostly visited by tourists who come from European and Western countries. It is believed that these travelers have high consuming ability compared to local travelers. Therefore, Shangri-La management targeted the tourists that are of higher financial and consuming ability. The target market for Trader Hotel mostly consists of business travelers and those that come from the upper class groups of society. Business travelers can afford to purchase services from high quality hotels as their expenses are accommodated by their companies. Strategic Positioning All of the hotels and resorts of Shangri-La are located at strategic locations that are frequented by a high number of people, either for business purpose, travelling or other reasons. The location selected usually consists of places that are well known for their tourism industry and that are highly visited each year. Business Model For the fiscal year ended in December 31, 2006 the management reported that Shangri-La net income was 202.2 million dollars from its services and products. The companys sales continued to improve in 2006 with 1,002.9 million dollars sale compared with 842 million dollar in 2005. The company owns 50 hotels in Asia and the Middle East and more or less of 40 projects under development in Europe and North America. The company employs approximately 18,400 employees worldwide. Shangri-Las case is unusual among international hotel companies since it owns a significant proportion of its hotels, As shown in the table below, Shangri-La performance in the industry seem to improve every year and ascend to better market positioning. Shangri-La Income Statement Our personal Recommendations for Shangri-La Hotel Improve and give more emphasis to its employees training program; especially for the front-line employees to build their confidence and efficiency at the workplace in order to improve its hand to hand interaction with the customers. Having achieved brand market leadership in Asia, Shangri-La should now try to increase the number of hotel chains in Europe, North America and the Middle East. Since Shangri-La emphasizes its cultural values in every hotel chains, Shangri-La should take a closer look of its environment in general, to see if the products and services that they provide match the needs of the customer in general. For example, if Shangri -La operates in foreign destinations like the Middle East, they should adapt to its culture and combine it into their own to avoid conflicts between two different cultures. In general, all of the hotels and resorts of Shangri-La are located at strategic locations that are visited by a high number of people each year, either for business purpose, travelling or other reasons. The location selected is usually places that are well known for its tourism industry that are highly visited each year.

Drugs and Alcohol in the Adolescent Years Essay -- Influence Teenagers

Drugs and Alcohol in the Adolescent Years The years of adolescence are a very important time for both young girls and boys to make decisions that will essentially have the power to shape their lives. In life there are conflicts to be overcome from both the â€Å"evil† social world and also a young girl’s vulnerability can cause problems. Both have a huge impact on decisions she will make. Drugs and alcohol are both issues that almost any young person in today’s society is going to come into contact with. Then there is the issues of making decisions about how these substances will affect their life. It is interesting to study and compare the drug use among different ethnic groups as well as how the culture that one is brought up in has a big part in how they will respond to the same issues. This leads right into my paper topic which is girls growing up on the border. This is a completely different lifestyle as well as upbringing for these girls that are living so close to the Mexico. Drugs and alcohol are everywhere and are most likely intertwined into each of our lives in some way. For this reason it is apparent how likely it is that adolescents are exposed to these substances very often if not daily. Recent surveys that have been done, in particular the Ontario Health Survey, 1990, shows that initiation to drugs begins as early as 12 years old in an adolescents life. Twelve years old is considered the risk period for alcohol and tobacco and this phase does not end until about age 22. A sample of 4,364 people from this same study was on people from the ages of 15 to 35. Results showed that the major risk age for initiating with either alcohol, marijuana, or tobacco is over by age 22. Once again it is sh... ... are white or Mexican and live on the border or not. Works Cited: Leverton, Kate. Personal Interview. 25 March 1999. Phipher, Mary. Reviving Ophelia: Saving the Selves of Adolescent Girls. New York, NY. G.P. Putnam Sons, 1994. DeWitt, David J; Offord David R. "Patterns of Onset and Cessation of Drug Use Over the Early Part of the Life Course." Young Adults-Drug Use- Ontario-Drug Abuse-Ontario -Drinking Alcohol icges-Ontario. Vol.24, pg. 746, 13p. Holck Susan E., M.D., Warren Charles W. Ph.D, Smith Jack M.S., Rochat Roger M.D., "Alcohol Consumption Among Mexican American and Anglo Women; Results of a Survey Along the U.S.- Mexican Border." Vol. 45: Pg. 149-154, 1984. Dassori Abana M., Neff James A., Hoppe K, Sue. "Ethnic and Gender Differences in the Diagnostic Profiles of Substance Abusers." Vol 15, Aug. 1993, pgs. 382-390.

Comparing Freedom of Expression in the Statutory Law and the Sharia Law Essay

Getting in touch with media law during the first semester of my Masters gave me a sense of the importance of law in general because it consists of acts and articles which organise most issues in the human’s life in a way that protects ethics and morals. Regardless of the hypocrisy and double-standards of the countries which raise high the slogan of Human Rights, I liked the Human Rights Conventions that were laid down by these countries. Therefore, I decided to research some points in these conventions that are related to my study in order to nurture my knowledge in this great field of the human sciences. Then, I thought deliberately about the benefit of exerting much effort to get such knowledge since it is existed, well-explained and well-organised, in handy books. But after looking by historical and religious study as far back as some centuries ago, I found that my own culture, Islam, had plenty of law provisions that helped its people not only to protect their ethics and morals, but also to spread them all over the world. Through deliberate and objective study, I found that many of the social reformers, whose thoughts led to the emergence of the modern criteria of human rights, were originally affected by the roots of the Islamic ulture. I also found a lot of those old and even modern reformers who praised the old provisions of the Sharia Law and they also praised the prosperity which was an outcome of implementing it. The Western writer Patricia Crone (2005: p. 218-219) said referring to how those old provisions of law were true bases of a moral society: â€Å"Medieval Muslims d id not write utopias in the sense of imaginary travel accounts or other descriptions of ideal societies which do not exist, †¦ they were not given to seeking ideals outside their own civilisation at all. But they did place a golden age right at the beginning of their own history, and their numerous accounts of this age add up to a detailed utopia of great emotive power†¦ It was a time when the Muslims had all the virtues of tribesmen and none of their vices, for thanks to Islam there was no feuding, no factionalism, and no disorder, just austerity, solidarity, and total devotion to the truth. Therefore, I decided to look for the provisions of that old law which are related to my study and compare them with their counterparts in the modern human rights’ conventions. In order to limit my research, I decided to take the articles related to my study, media law, in the Human Rights Act 1998 (HRA) of the British Law to represent the leading international human rights conventions. Part one: Preface Main Argument In this dissertation I am going to explain how both the HRA and the Sharia Law deal with the concept of freedom of expression. As long as such argument is new and uncommon because of the lack of references that studied it, which resulted in an ambiguous perception in the minds of people towards the Sharia Law and its sources, there must be a kind of primary definition of the Sharia Law, its sources and how the Sharia scholars (Sharia Jurists) deal with these sources to regulate law items. Sharia Law This expression is going to be referred to as a theological-historical concept since the Sharia was revealed through a prophet, this makes it a theological subject matter, and it is 15 centuries old, this gives it a historical background. Sharia (sari? ah) is all religious rituals that Allah (SWT) has imposed on Muslims, via his Prophet Mohammad (PBUH) regarding beliefs, rules and day-to-day life among Muslims themselves, and between Muslims and non-Muslims. It is â€Å"designed to govern the relations of Muslims with non-Muslims, whether inside or outside the territory of Islam. † Mahmoud Kamali says that Sharia is â€Å"the Islamic law as contained in the divine guidance of the Qur’an and the Sunnah. Yet, the expression Sharia Law is modern if compared with the word Fiqh, which historically used to mean â€Å"the awareness of Islamic rules from its sources by true inference. † Kamali defined the word Fiqh: â€Å"Islamic law as developed by Muslim Jurists. The term is often used synonymously with Sharia. † Therefore, like other contemporary researchers of similar topics, I am going to use the expression Sharia Law to mean the old word: Fiqh. Sources of the Sharia Law There is no difference between any of the Muslim scholars that the main sources of all information, not only about the details of the life of mankind, but also about the details of the whole universe are the Holy Qur’an, then, the Holy Sunnah. In addition, it is a matter of a universal belief among Muslims and many of non-Muslims that the Holy Qur’an in the hands of people is the real book revealed by Allah (SWT) to his Prophet Mohammad (PBUH) fourteen centuries ago. The same is the 100% authenticity of certain books of Hadith, i. e. Saheeh Al-Bukhari and Saheeh Muslim. These references are not considered comprehensive works; however, I feel that they could draw raw guidelines for me in my research in two ways: * They give me hints about how this issue is being taken by researchers who are not specialists in Sharia studies, but they are lawyers or journalists; like me. * They draw raw guidelines of the comparative methodology of research between articles of the Sharia Law and those of the statutory law. Throughout this dissertation, I am going to take articles of the British Media Law and compare them with the related provisions of the Sharia Law, giving enough examples in order to be able to make clear-cut conclusions about the main question of this dissertation which is: (The question of the dissertation) Can the modern Islamic movements, who are apparently going to rule the Arab countries after the Arab Spring, implement the Sharia Law and achieve the absolute justice which they raise as a slogan for their revolutions and electoral campaigns? Or would they worsen the already worsened situation of media law? Of course, regarding the other part of this dissertation, which is the statutory law, libraries are full of texts of law articles starting from the Declaration of the Rights of Man and of the Citizen in 1789, passing through the UN Universal Declaration of Human Rights, ending with daily huge volumes of books, journals and articles studying new amendments and proposing new laws regarding recent details of the life of people in general and the work of media specifically. Terminology In order to have a good understanding for the real meaning and connotation of the Sharia Law concepts and cases, they have to be denoted by their names. Therefore, it is necessary here to have a list of the original names of the Sharia concepts and their definitions. The Holy Qur’an: defined previously. Surah: one complete chapter from the Holy Qur’an. Sowar: the plural of Surah. Sowar are different in length. Some are 1/3 a page and others exceed 40 pages. Aya: one verse from the Holy Qur’an. Ayat: a plural of aya. The Holy Sunnah: defined previously. Hadith: a verified saying for the Prophet Mohammed (PBUH). Ahadith: a plural of Hadith. Tafseer: the interpretation of the Holy Qur’an and the Holy Sunnah by professional credible Muslim scholars. Fatwa: a certain judgement on a certain case by a Sahaba, Tabe’een or confident Muslim scholars in a certain time or place. Plural is Fatawa. Ibada: the act of worshiping Allah (SWT) whether by heart or body. Any act of heart or body needs to start with intention of solely worship for Allah in order to be a true Ibada. Da’wah: the flow of activities Muslims do in illuminating the teachings of Islam. Dhimmi: the name of a non-Muslim citizen in the Islamic State. Ahludhimmah or Dhimmiyeen: plural of Dhimmi. Jezyah: the name of the religious tax for non-Muslims in the Islamic State. It is equivalent to the religious tax taken from Muslims, but Jezyah is a lesser amount of money that has many exceptions. Part Two: The Situation of Freedom of Expression Historical Background It is very important, before starting writing about the situation of freedom of expression in the statutory and the Sharia Law, to explore the general historical climates which preceded the emergence of both laws. That will give a kind of understanding of how much the improvements on the situation of freedom of expression both laws have achieved. * A Glimpse on Freedom of Expression in the West before the Renaissance The period which preceded what is known in Europe as the Renaissance was full of conflicts among the different castes of the European communities in general. That conflict took several forms. A prime one was the conflict between the Church and scientists and that between authority and people. Howard Turner describes a side of such conflicts: â€Å"The Middle Ages in Europe had long been dominated by an unending conflict between Church dogma and a kind of humanistic and individual quest for intellectual liberation. † Church and authority used to be allies and each institution worked for the protection of the other at the expense of people’s lives. They used to impose restriction on freedom of expression and there used to be no respect for people’s privacy. There was also a kind of blackout on external knowledge, fearing that it might undermine their power or alliance. The Thirteenth century was an â€Å"age in which kings and barons reacted to an insult by lopping off the offending tongue- or head†¦ The crime of ‘scandalum magnatum’ expressly protected ‘the great men of the realm’ from any statements that might arouse the people against them. † In France, for example, the king used to say â€Å"I am the state† and gave no space for people to have control in running their own or private life. The Church used to control science. Therefore, knowledge it saw as right, used to be spread, and that it saw as wrong, used to be damaged. A blockage was imposed on scientists and thinkers. In 1614, Galileo was accused of heresy  by the Church for his scientific theories. Eighteen years later, in 1632, he was sentenced to life imprisonment which was reduced to permanent house arrest after he had been obliged to withdraw his theories before the public by the Church. That time was the worst for women’s freedom. Women were inferior to men, troubled with Eve’s sin. They were subject to the authority of their fathers or their husbands. Violence in marriage did occur and was even encouraged. † The dark life of that age pushed people to seek a kind of salvation through knowledge, especially, after the appearance of new thinkers affected by the Muslims’ civilisation. According to Turner, the â€Å"Christian West† inherited the â€Å"scientific legacy from Islam. Thanks to increasing cultural traffic with Muslim lands via the busy Spanish and Sicilian gateways, the thriving routes of Mediterr anean and overland commerce, and the contacts left over from the Crusades. People sought to reinforce the principles of freedom and justice, which was clear in the slogan of the French revolution which was: liberty, equality and fraternity. The revolution in real freedom of expression has been from the Renaissance until today. However, there are still some issues which emerge from time to time that necessitate amendments of the existing laws or constituting new ones. * Freedom of Expression in Arabia before the Sharia Law In Arabia, there used to be kind of freedom of expression, but there was no justice. For example, men used to sit with each other and think about issues related to their tribes. But that right to give an idea or express an opinion was only for masters. Societies there used to consist of three castes: masters, subjects or alliances and slaves. In addition, that right among the masters was only for men. Women used to be suppressed and were not allowed to share opinions either in public affairs or even in family affairs. Women were used in the same way as goods. There used to be a diversity of religions. Arabia included pagans, Jews and Christians. But the most common was paganism. Surely, that kind of diversity hints at a kind of freedom of religion, but the opposite was the norm. Paganism, represented in worshiping idols, was the religion of the mainstream Arabs in Arabia and they used to keep an eye on those who converted to other religions. If they were young, they used to be fought; if they were old, they used to be left free since they could not affect others. Of course, chiefs and masters of tribes used to be happy with that kind of life because it helped them keep strong control over their subjects. However, suppressed castes needed any kind of powerful justice to liberate them from the chains of the different forms of slavery. From amongst that darkness, the message of the Sharia was revealed to the Prophet Mohammed (PBUH) to spread the justice and freedom among people. It is widely known among historians that a reasonable number of the people who joined the Da’wah at the early stages were from the ordinary people or alliances and slaves. Some of the masters asked the Prophet (PBUH) to dismiss them from around him if he wanted them, the masters, to join the Da’wah. Of course, ordinary people always lead reforms. A group of Muslim emigrants fled the persecution of their relatives in Mecca to Abyssinia and there was a short dialogue in the court of Abyssinia’s king, who was a true Christian. Their representative described the situation of Arabs before the Sharia and what the Sharia came with: â€Å"O king! We were plunged in the depth of ignorance and barbarism; we adored idols; we lived in unchastity; we ate dead animals, and we spoke abomination. We disregarded every feeling of humanity, and the duties of hospitality and neighbourhood. We knew no law but that of the strong. At that time, God raised from among us a man of whose birth, truthfulness, honesty and purity we were aware, and he called us to the Unity of God and taught us not to associate anything with Him. He forbade us to worship idols and enjoined us to speak the truth, to be faithful to our trusts, to be merciful, and to regard the rights of neighbours. He forbade us to speak ill of women and to eat the substance of orphans. He ordered us to flee from vices, to abstain from evil, to offer prayers, to render alms, and to observe the fast. † Constituted Rights to Freedom of Expression * Freedom of Expression in British Media Law As I have mentioned from the beginning, I am going to take the British law as an exemplar to represent the statutory law in this research. Therefore; I see that I have to propose an overall look at the British law and to see the situation of freedom of expression through it. British Law Unlike other countries, Britain does not have a written constitution. Referring to Britain, Tom Baistow says: â€Å"This country is the only one in the EEC without a written constitution and the only one without the press laws that form one of the most important guarantees of freedom of expression. However, it has a good record regarding the respect of freedom of expression. It got this reputation throughout historical fights of the British nation to attain freedom and adopt democracy. And as an ideal example of the fight to reach this situation, journalism in Britain â€Å"went through a brave battle against constitutional restrictions on publishing in the 19th century and could extract the right t o comment and publish. † Freedom of expression became one of the most respected freedoms as a kind of a social norm among the British people. It is believed in Britain that free speech is a significant pillar of a free democracy. The Royal Commission on the Press in 1977 defined freedom of expression â€Å"as that degree of freedom from restraint which is essential to enable proprietors, editors and journalists to advance the public interest by publishing the facts and opinions without which a democratic electorate cannot make responsible judgement. † This definition shows how the British believe in the vital role that freedom of expression plays in educating the public to be able to take right decisions in elections. It means that it is the main guarantor of a free democracy which is the main principle of a free State. Therefore, Solaiman Saleh described the situation of freedom of expression in Britain, despite the lack of a written constitution, saying: â€Å"The principle of a free press is reinforced in the collective conscience of the British. That forms a better protection which outweighs any written constitution. † Saleh continued explaining that it became a part of the British understanding of freedom of speech that the government does not have the right to interfere in the workflow of mass media. It cannot issue warrants, for example, to close any news platform, have pre-publishing restrictions/instructions or suggest amendments in the administrative systems or editorial policy. This is how James Curran portrayed the British press after the Second World War: â€Å"The press became fully independent of political parties and hence government. † The independence of the press gave it a great deal of space for free speech as well as unlimited power against governments. This was clear when the best wartime leader, British Prime Minister, Winston Churchill, demanded an immediate closure of the Daily Mirror over its coverage of the conduct of war. That decision was followed by rough debates in the House of Commons and huge popular protests in Trafalgar Square and London’s Central Hall that pushed Churchill’s government to withdraw the decision against the Daily Mirror and, even, lift a ban previously imposed on the Daily Worker. Mass media regulation is only the role of the Parliament and Judiciary. In reply to the argument that the parliamentarian majority which forms the government may adopt any law suggested by it, Saleh argues that people who believe in the concept of freedom of expression will protest against the parliament and oblige it to stop the new law or to dissolve. The incident of the Daily Mirror mentioned above is a very clear example of that. The main pressure was represented by ‘organised protests’ in Trafalgar Square and London’s Central Hall. In addition, Hanna and Banks say in McNae’s Essential Law for Journalists: â€Å"Section 19 of the Human Rights Act created a requirement that a Minister introducing a Bill into Parliament must declare that its provisions are compatible with the European Convention, including thereby a commitment to freedom of expression. † Despite all the facts mentioned about the battles towards the freedom of expression in the English society, a sufficient protection for that freedom, which keeps up with the public-interest journalism, â€Å"from attacks for discomfiting the government or the judiciary or the wealthy private litigants† was not completely guaranteed. It is guaranteed by the adoption of international treaties, in which English writers and lawyers took a big part in constituting them, into the British law. Since then, clear articles of these treaties have become legal codes in the British law that guarantee a better freedom of expression. Throughout these facts, I can come to a conclusion that freedom of expression in Britain has certain principles that are clear. The main three principles could be summed up as following: 1. Government has no power against mass media. Robertson and Nicol explain how a government official does not have any privilege over the public in this regard. They say that if any official wanted to stop a news story, he has to go to the court the same as the public do. It means that government cannot control or suppress the voice of any single person directed to the public via any medium. It is believed that this is a sign of a free democratic State, but not in an arbitrary sense. Therefore, mass media have to be credible, and offenders should not escape punishment. John Whale quoted Sir William Blackstone, the eighteenth-century jurist, saying: The liberty of the press is indeed essential to the nature of a free State; but this consists in laying no previous restraints upon publication, and not in freedom from censure for criminal matter when published. † 2. Mass media are owned by the private sector and, therefore, it represents citizens before the government. However, citizens are stronger than the government in the democratic regimes; it means that mass media can publish any kind of opposite opinions without fearing suppression or oppression of the government. 3. Mass media turn to the public to face censorship. Robertson and Nicol say: â€Å"The best antidote to censorship is publicity. † When the government wishes to practice a kind of censorship, journalists can publicise that practice and the government does not have any power to punish them. The incident of the Daily Mirror mentioned above is a clear example on the three points mentioned. It shows how mass media are stronger than governments, how mass media speak on behalf of the public and how the public exerted pressure through protests that pushed the government to retreat from the closure warrant against the newspaper. Freedom of Expression in the Sharia Law The most prominent characteristic of the Sharia Law is that it is a religious law. It means that it has more emphasis, in all branches, on religious and moral values than other laws. Mohmmad Kamali says: â€Å"This can, perhaps, be clearly seen in reference to the Sharia rules pertaining to blasphemy, heresy and disbelief , where the dominant concern is to defend the dogma and belief-structure of Islam. † Muslim scholars and thinkers believe that this characteristic of the Sharia Law gives it a spiritual power, which is effective to keep stability of societies. Based on his understanding of the Islamic beliefs and to confirm that defending the dogma and belief-structure of Islam achieves social stability, 20th century Muslim thinker and reformer Sayyed Qutb, who interpreted the Holy Qur’an, says: â€Å"Social, economic and religious organisation goes side by side with a true ethical code and dogmatic belief†¦ in a complete, comprehensive, balanced and precise way. † Regarding freedom of expression and to show how much positive effect religion has on it, the Western writer, Patricia Crone, shed light on the way Muslim thinkers understand the relationship between freedom and religion. Patricia Crone reported Al-Ghazali, a famous medieval Muslim philosopher and reformer, explaining freedom in the Sharia as â€Å"no humans had the right to impose obligations on other humans, whether they were rulers, masters, fathers or husbands, or for that matter prophets; only God could do so. † Of course, Al-Ghazali’s understanding of that concept of freedom was based on the Holy Qur’an and the Holy Sunnah. Allah (SWT) asked his Prophet Muhammad (PBUH), in the Holy Qur’an, to tell people that he is a human like them.