Opening a Franchise

             For Elliott to purchase Groovy Smoothy, it cannot be predictable on how much money he will make. This is because; he will come up with his own business techniques that will either make the earnings increase or even lower. Since Elliot has already identified the Franchise, if he decided to go ahead with this business venture, the next legal step is to sign an agreement with Groovy Smoothy. This agreement will comprise of the terms and conditions governing the purchase of the franchise; which involves the form of payment (Barkoff et al, 2008). After the agreement has been signed, then Elliot can go ahead and with obtaining the necessary permits. This must be done in compliance with the legal authorities.

            The laws governing franchise require franchisor to provide all the necessary information to the franchisee. For instance, the franchise agreement is a document that specifies the terms of purchase including overall relationship. Therefore it is the role of the franchisee to review the agreement so closely being guided by a professional advisor before final decisions are made. If the contract requires Elliot to make payments timely or else the agreement can be terminated, in Elliot’s failure to make payment, then Groovy Smoothy is right to terminate the franchise agreement. This is because the agreement requires Elliot to clearly review all the terms in the agreement (Barkoff et al, 2008). It is in that period that the franchisee is free to ask for changes to be made about terms of franchise. Therefore, his failure to raise any concern about the terms governing the franchise means he was satisfied with all the terms, thus he was required to meet the requirements of that specific agreement. Therefore, Groovy Smoothy will be proper in that case.

References

Barkoff, R. M., Selden, A. C., & American Bar Association. (2008). Fundamentals of franchising. Chicago: American Bar Association, Forum on Franchising.

 Mass murderers and serial killers

Similarities between the definitions for serial killer and mass murder.

The murders are committed by people who lack any compassion and persuade victims to follow their will. They are carried out by psychopaths who are out to exploit any person with an unstable emotional state (Cawthorne, 2007).

Differences between the definitions of serial killer and mass murder

What can be derived from the definitions is that a serial killer commits the murders in separate places whereas a mass murder is carried out at the same time and location. A serial killer can take extensive measures to prevent his or her detection whereas a mass murderer does it in broad daylight without fear of getting caught. The definition of serial murder puts emphasis on the separation of the murders by describing the periods in between the murders as calming periods. These pauses between the murders is the major component that differentiates it from a mass murder. Mass murder has no period in between the murders. The murders are committed simultaneously or within a short duration of time. Also, in serial killer definition, the victim may be singled out due to a particular reason best known be the perpetrator of the crime. In mass murder definition the casualty is normally killed at the scene of the crime (Cawthorne, 2007).

Purposes served by establishing the typologies that apply to a mass murderer and if they are the same purposes that are served by establishing the typology of a serial killer

The typologies will enable prevention of similar crimes and facilitate mitigation measures which depend entirely on the results from the typology. Another purpose is that it will accurately define and address the specific challenges underlying the mass murder. This will help in the categorization of information required for investigation and evaluation of the case which in turn will solve the murder and give reason behind the offenders’ behavior .If the typology is comprehensive enough, it can serve the same purpose of identifying serial killer because the data can be used to gather information on the serial murder (Walsh & Ellis, 2007).

Yes, a serial killer can become a mass murderer and vice versa. This is due to the simple fact that both of them can share the same characteristics such as sadness, depression therefore, predisposing them to commit either serial or mass murder. Some situations can create a suitable condition for a serial killer to kill more than three people turning him to a mass murderer and vice versa is also true. Social factors that can contribute in making them angrier can also define a serial killer and a mass murder.

Considering the cases the following typologies apply to the cases described.

Case 1

In this case, Andrea Yates selects her five children and drowns them. This shows that victim selection is absent which ties it to mass murder. She showed signs of a mental disorder which is demonstrated by launching into violence against her own children whom they share a home with. After giving birth to her fourth child she was diagnosed with postpartum psychosis which affected her behavior as a result of her past experiences. Therefore she falls under the family annihilator category. Fox & Levin, 2014)

Case 2

John Gacy is a mission serial murderer. This type of serial killer think they are doing the world a huge favor by getting rid of certain group of people such homosexuals. John was organized and aimed at to killing the 33 men (Fox, & Levin, 2014).

References 

Cawthorne, N. (2007). Serial killers & mass murderers: Profiles of the world's most barbaric criminals. Berkeley, CA: Ulysses Press.

Fox, J. A., & Levin, J. (2014). Extreme Killing: Understanding Serial and Mass Murder.

Walsh, A., & Ellis, L. (2007). Criminology: An interdisciplinary approach. Thousand Oaks: SAGE Publications.

Death Sentence Must Be Mandatory For Heinous Crimes

Introduction

            Many civil rights organizations have given views against death sentence. The American Civil Liberties Union regards death penalty as a violation of constitutional prohibition of cruel punishment. However, death sentence must be mandatory for crimes such as child molestation. Child molestation is where a child is abused sexually by an adult or an older adolescent. Molestation involves a range of indecent sexual acts one of which is having sexual intercourse with the child. Other forms of molestation include inappropriate touching, child exposure to pornography, and non-penetrating contact with the child. As long as a child is used as an instrument for sexual gratification by a perpetrator, then the perpetrator must be charged of molestation (White, 217). Thus, this paper will present the reasons why death sentence should be mandatory for child molestation.

            Child molestation inform of rape is a very painful act that can result into death of the victim, thus it can be compared to murder.  Rape has severe effects to the victim both physically and psychologically and this can be everlasting depending on the gravity (Hawkins, 22). Rape victims have always been associated with reproductive health injuries that affect their reproduction in the future. Some have even contracted sexually transmitted diseases and HIV/AIDS. It also involves mental health concerns and destruction of one’s self esteem. All these life lasting effects recommend for a death sentence against the perpetrators.

            It is also agreeable that a molester can be a habitual one which implies that he or she is able of offending many children before he or she is finally caught. Therefore, to prevent such cases from ongoing, once the offender is caught, let him or her be subjected to a death sentence (White, 217).

            A victim of child molestation may also suffer from long term disturbing memories that may affect him or her in her normal functionality. Some psychological related include panic, nightmares, irritability and sleeping problems (Hawkins, 22). The victim may also have problems while making love in future as the previous memories come back. And at times it affects the victim’s sexual relationship to the extent they cannot make love at all for the rest of their lives.

Conclusion

            Because of these negative impacts of this act on the life of a child, I argue that let this act be charged with a death sentence. This is because this act can lead to death of the victim or may also affect the child for the rest of her or his life. For instance a rape form of molestation may affect the future reproduction of the child. At times a child contracts HIV/AIDS and other STIs. Thus, this should be charged with a death sentence.

Work cited

White, James E. Contemporary Moral Problems. Australia: Thomson Wadsworth, 2009. Print.

Hawkins, Paula. Children at Risk, My Fight against Child Abuse: A Personal Story and a Public Plea. Bethesda, Md: Adler & Adler, 1986. Print.

Quantitative analysis of economic impact of labor laws

Introduction

The establishment of union labor laws in United States was done with an aim of enhancing income inequality among workers and in turn ensures there is power redistribution. The role of trade unions involves ensuring there is redistribution of income and power and has sought to do this by participating in policy debates associated to economic and social inequality.  How unions are able to affect income distribution has been strong debate among social scientists with early view being that unions seemed to raise wage inequality. Such views were later changed after research using micro data on workers in unions and those in non-union sectors. The research showed that unions had an inequality reducing effects that were larger than inequality raising effect.  The associated between income inequality and labor unions has been of great interests  to economists as they try to explain the increasing income inequality in industrialized countries such as US.  This paper aims at a quantitative analysis of the impact of labor laws on the economy and more specifically the effect of labor unions laws on income inequality in United States.

Discussion

 There has been a well-established income inequality and rise in wages over the past almost 4 decades in United States. The factors that could have led to fall in wages at lower wage distribution in comparison to the upper one continue to attract a log of research in the labor market. Research has suggested that a major factor could be labor market changes, and possibly the most prominent one being a reduction in union density (Card, 1996). Traditionally, the role of labor unions has been to help improve wages for middle-wage and lower employees and hence reducing inequality in the society.  In the last century the relationship between income inequality and unionization is clearly seen (Jacobs& Myers, 2014). During the middle 20^th century, the membership of unions increased and remained quite high while workers earning low wages were able to earn a bigger portion of the total income.  The 1951 -1978 period shows that the union membership increased according to estimates by Bureau of Labor Statistics (Card, 1996).  Since that period, the union membership has been on the decline in United States.  Many studies have tried to measure the difference in wages between workers within a union and the non-union workers. The results of these studies have been varying but generally, many of them found that after labor market, job and individual characteristics are controlled, the union workers’ wages ranged from 10 – 20 percent more than nonunion workers’ wages.  There have also been suggestions that union workers wage premium has reduced in recent times. A conclusion by of such studies was that the wage differential among unionized salary and wage workers in the end of 1970s was about 21 – 23 percent (Card, 1996). The wage differential among the same workers by 2000- 2001 is seen to have reduced to nearly 14 percent.

Inequality and premium wage

In addition , wage premium among union workers is, in general , higher for workers with less skills than the skilled workforce , higher  among blue-collar workforce than white collar workforce ,  higher among younger workforce than older workforce , and higher workforce with less education than those who have graduated from college (Rios‐Avila  & Hirsch, 2014).  The conclusions of such research seem to show that union reduce wages and hence, reduce inequality within sectors that are unionized in the economy.  The overall impact of unions on the distribution of workers’ wages depends on the kind of unionized workers and wage premium of the union.  Workers within a union still control a significant share of wage premium – about 25 percent- as compared to nonunionized workers but this premium has been declining over last few decades (Rios‐Avila & Hirsch, 2014).  The membership of unions has been more representative of the entire population with female members share and share of those with college education increase quickly.  Various series of data about union membership over the whole of past century exists that point to largely consistent narrative that union membership as part of overall employment increased quickly after Great Depression and WW II. It then stagnated in 1995- 1975 period and has been reducing constantly since then (Hirsch & Schumacher, 1998).  By 2014, there was a drop in share to less than 10 percent, almost the same level as during mid-1930s.  There were about 14.6 million workers with unions’ membership in the same year and more 1.6 million workers under a Collective Bargaining Agreement but who are not unionized (Lafer & Davis, 2015).

Figure 1- subgroups’ wage premium for unions

 Figure 2

There are some reasons why labor unions are able to negotiate better wages and workers benefits while not having adverse effects on organizations. One of these is rent-sharing potential, and such an opportunity may occur when profits increases or in case of labor market frictions like cost related to employment search and which leads to disconnect between what businesses wants to pay and amount acceptable to workers (Card, Lemieux & Riddell, 2004).  In such a scenario, labor unions may manage to negotiate better wages if the increase will lead to higher productivity of the worker and the businesses are able to benefit from increased wages of the workers. A major aim of Collective Bargaining is to increase union’s members’ compensation. Research has indicated that such a collective bargain under unions lead to higher wages for members than nonunion counterparts and hence, unionization can lead to reduction in income inequality (Card, Lemieux & Riddell, 2004).  The unionized workers are more likely to enjoy pension coverage, paid leave and even coverage for their health care.

Effect of Union on employment benefits

Figure 3

 The various estimates done during late 1960s-1990s show those workers in unions earned about 25 percent more wages than nonunion workers, even though difference in wage premium depended on region and occupation.  The wage premium among the unionized workers over the recent years peaked during the mid-1990s, for workers in private sector in line with general reduction in unionization. This decline in premium seems to have happened in many industries. As per 2015, across the private and public sector unions, median wage premium was around 9 percent with a range of 0 to above 30 percent (Graham et al. 2015).  The wage premium may be an indication that unions are offering workers a bargaining power so that they can negotiate for bigger portion of profits of a firm. It may also indicate that selection has a significant role, as workers who are more productive are likely to be unionized and hence, would obtain better wages because of their increased productivity.

In many of the studies, decrease in unionization has led to higher inequality because unions appear to increase wages for workers who are paid low wages and this pulls up the wage distribution bottom.  The unionization decline can be said to have led to 15-20 percent raise in wages for male workers in 1978- 1993 periods (Rios‐Avila, & Hirsch, 2014). Comparison among various sectors indicates that unionization significantly reduced growth in wage inequality across the public sector during the aforesaid years.  The same is shown to have persisted to about 2001. Another research finds that unionization decline can explain about a fifth of increased inequality in wages during 2007-2009 periods among women and a third inequality increase among men (Rios‐Avila, & Hirsch, 2014).  The studies show that union labor laws that provide workers with opportunities to join unions assists in reducing the level of income inequality in United States. In period where unionization is seen to increase, there is subsequent decline in the level of income inequality. In both private and public sectors, labor unions have provided workers especially those in the lower income distribution quartile with an opportunity to negotiate for better compensation.

Conclusion

The analysis in this paper has presented argument showing the effects of labor unions on addressing income inequality in United States. The analysis shows that various studies have concluded that labor unions largely help in addressing income inequality since they ensure that wage and salary inequality in private and public sectors is decreased. The unions’ role has to help in decreasing the wage difference between high income earners and low income earners by offering the latter a chance to bargain for higher pay. The decline in workers unionization over the years has subsequently led to increased income inequality for workers as their Collective Bargaining power is reduced.

References

Rios‐Avila, F., & Hirsch, B. T. (2014). Unions, wage gaps, and wage dispersion: New evidence from the Americas. Industrial Relations: A Journal of Economy and Society, 53(1), 1-27.

Card, D., Lemieux, T., & Riddell, W. C. (2004). Unions and wage inequality. Journal of Labor Research, 25(4), 519.

Hirsch, B. T., & Schumacher, E. J. (1998). Unions, wages, and skills. Journal of Human Resources, 201-219.

Card D., (1996).The Effect of Unions on the Structure of Wages: A Longitudinal Analysis: Econometrica, Vol. 64, No. 4 (Jul., 1996), pp. 957-979

Jacobs, D., & Myers, L. (2014). Union strength, neoliberalism, and inequality: Contingent political analyses of US income differences since 1950. American Sociological Review, 79(4), 752-774.

Graham, B. S., Hahn, J., Poirier, A., & Powell, J. L. (2015). Quantile regression with panel data (No. w21034). National Bureau of Economic Research.

Lafer, G., & Davis, A. (2015). “RIGHT TO WORK” IS THE WRONG ANSWER FOR WISCONSIN’S ECONOMY. Economics Policy Institute, January, 23.

Comparison on the arbitration laws in Saudi Arabia and United States

Arbitration

The newly passed laws of arbitration in Saudi Arabia continue to be the generally applicable arbitrations and all parties involved uphold its use in the international commercial arbitrations processes and proceedings which are conducted out of Saudi territory. Arbitration in Saudi Arabia has not been very popular since time in history in terms of dispute resolution in this great kingdom (Stone et al., 2015). The dispute and distrust involving the parties in the use of arbitration in solving the differences were never upheld or supported by the courts during the arbitral process and the many uncertainties which surround the use and enforcement of the arbitral laws. Since time in history, the arbitral laws which have tried to be enforced in Saudi have been the victims by the courts in the willingness to consider the general jurisdictions and merits of each case presented and also the wide application and interpretations of the public policy (Medallah, 2015). In many cases, the courts in Saudi Arabia have denied the chance of using the arbitral awards on the generic grounds and even gone ahead to conduct a hearing of the dispute without the use of the laws. However, after the arbitration law was passed together with enforcement laws which are both new and passed in the year 2012, there are some reasons of being a little bit happy since this indicates that the landscape in arbitration law is slowly improving.

The newly opened center for commercial arbitration together with the arbitration rules in Riyadh in the year 2016 also seemed very promising for the society. In 2017, implementation rules for the arbitration laws were done to the official gazette which made a clarification on some of the controversial laws in the new laws. However, there requires some level of caution in most of the clauses since the laws remain unknown in terms of application and in particular the issue of whether the judicial body will continue using the pro-arbitration laws which have been recently passed into law by the legislature (Demeter & Smith, 2016). 

In Saudi Arabia, there is a law that is very similar to the arbitration law in the United States. Commercial arbitration is one of the oldest and most relied on a type of practice in solving the disputes between the international and national corporations and companies. The modern development of the international arbitration can be related to jay treaty of 1794 between the United States and Great Britain whereby three arbitral commissions were formed in the settlement of claims and questions which arose from the American Revolution. Arbitration is currently acceptable in the legal community as the alternative method of dispute resolution which is also used in many contexts, for example, the disputes involving the employment relations, consumer transactions, and commercial transactions. The arbitration practice in the United States occupies a very exceptional position in the global international system of arbitration and also in the historic advancement of arbitration (Baamir, 2016). In American Revolution practice of the law, the doctrine of freedom of contract has been the driving force since time in history. In United States, arbitration laws and practice derived from at least five sources which are: statutes, appellate opinions, international treaties, regulations by administrative agencies and constitutions. Federal arbitration act (FAA) is basically the controlling body to the arbitration laws in both the federal and state levels in United States. FAA in most cases subjects the arbitrations into a single standard for the judge to review regardless of if the dispute is international or domestic.

This was enacted by the Congress in the year 1925 with the aims of overcoming the judicial level of reluctance in enforcing the agreements to arbitrate and which consists of 3 chapters. The first chapter contains the provisions of acts regarding the construction of arbitration agreements and its enforcement of the required awards (Stone et al., 2015). The second chapter involves the implementation of the New York convention while the third chapter involves the implementation of the Panama Convention. Both chapter 3 and 2 are referred as international FAA through the international arbitration will also be a subject to the domestic application to the point where it does not bring any kind of conflictions. The set rules may be used at the national level where the arbitral tribunal finds a conflicting issue while using any law. Procedural rules are used in the proceedings so long as the international arbitration rules do not conflict with the Shariah laws and the policy of Saudi Arabia (Medallah, 2015). If the parties do not come to an agreement, the arbitral tribunal has the legal authority to step in and select any procedural rules. In such a case, the new arbitration laws give a detailed arbitration procedure which is applied as a default. They include the witness statements, hearings, pleadings and expert reports.

Since time in history, the arbitration laws in solving disputes in Saudi Arabia have been rendered useless. The numerous numbers of cases involving arbitration outside the Kingdom of Saudi Arabia have caused the country to rethink on its applications. When it comes to the United States, the enforcement of the arbitration agreements and awards is wholly granted by American arbitration act (AAA). The United States government ensures that the laws are used in solving both the federal and state cases. In Saudi Arabia, the laws have started to be used in the recent times compared to the United States which have been applying the laws for long periods now.

Appointment of an arbitrator in Saudi Arabia and United States

In Saudi Arabia, the new laws of arbitration provide the default provisions with regards to the choosing of the arbitrators and also their removal from office. The involved parties have the right and freedom to agree the best procedure in choosing the arbitrators which include the adoption of certain institutional rules that address the issue which includes: If there is only one arbitrator in the arbitral tribunal, then a competent court will have the arbitrator chosen (Fossum, 2014). In the case the arbitral tribunal has 3 arbitrators, all parties will have the honor of choosing only 1 arbitrator and the chosen arbitrators will now appoint a third arbitrator who will be the representative of the president or chairman to the tribunal. In the case there is no institution that is appointed for the choosing of the arbitrator process, the court assumes the responsibility of choosing the arbitrator if the party-appointed arbitrators or parties have failed to appoint one according to article 15. Any of the decisions by the competent court with regards to the choosing of the arbitrators according to article 15 can never be appealed except in a case where the party has filed an application of having the arbitral tribunal award quashed in accordance to article 49 and 50 (Demeter & Smith, 2016).

Implementing rules offer more guidance on the issue. In article 10, it is stated that in the case of the arbitral tribunal has to be of one arbitrator and the parties have failed to agree on the selection, the competent court has the authority of choosing one arbitrator within the next 15 days of getting the request from either party. In article 4, any party making a request has to have a requested copy for arbitration and also a copy of the agreement of arbitration (Baamir, 2016). The united states also use a similar method of appointing an arbitrator. Both the United States and Saudi Arabia have a common method of choosing an arbitrator and in the case, none of the parties chose a single arbitrator, then the court has the mandate of choosing and this will be indicated as a choice of the parties through writing. The law of Saudi Arabia permits the parties to apply a competent court for the cases with regards to the precautionary or temporary measures such as prior to the start of arbitral process and injunctions or the freezing orders. The parties are allowed to chose the arbitrator in Saudi Arabia and in the case there is no conclusion or an agreement, then the competent court has the authority to dictate the exercise by choosing the most suitable to represent the arbitration.          

Influence of Shariah laws on arbitration

Over the years, the world economies have grown in most parts of the world especially in Saudi Arabia, Turkey, and Indonesia which are all Muslim states. The commercial and business transactions done in this states are from different societies, faiths, cultures and political system. In this globalized age where the economies of the world are developing to be very vibrant, it is very important to have a level of appreciation about the issues facing either party in doing business (Stone et al., 2015). During the conducting of business from various cultural, financial, political, legal, and social background differences are very possible to occur and it is therefore important to have some level of understanding on each opposing party in order to solve a dispute. There is no doubt that the business environment today has no boundaries in the cases where international transactions have been converted virtually into a regular operation. With such facts, the arbitration is the exceptional method of solving any disputes in the industry since it has been established to remove any jurisdictional borders in an outstanding way while still maintaining an enforceable and binding outcome in the long run. Many states exercise a very significant control in the arbitration laws and proceedings either through the supervision and assistance, mandatory rules or the enforcement of the award. Sharia laws in Saudi Arabia have been the driving force and the ultimate source of legislation (Medallah, 2015). The government of Saudi Arabia issues the regulations and laws with regards to the level of conflicting interests with the in place Islamic laws as they are regarded as sacred and preeminent. The laws and regulations enforced must not be against the sharia laws which are much respected in Saudi Arabia. With this concept, the sharia laws are regarded as the rulings of God and the Saudi Arabian government forbids anyone from going against them especially the Arabs. Therefore, these sharia laws are regarded as the highest laws above any extra rule which is given by the kingdom of Arabia.

With such capacity, the obligatory provisions of sharia laws are part of the Saudi public policy. This means that the policy of Saudi has the principles of Sharia laws as a mandatory part in the rules generated (Demeter & Smith, 2016). Therefore,  sharia laws in article 55 is only an indication compared to it being prescriptive due to the inclusion of the sharia laws as a mandatory act in the public policy in Saudi Arabia. With this sense, if a person considers that the wording on article 55 to be a setback against enforcing the arbitral award in the kingdom of Saudi Arabia, then there lacks resolution which can be obtained as the  law provides itself as a resolute in this kingdom meaning it cannot be changed by whatever means. Therefore, some of the existing prohibitions on Islamic commercial laws for example the avoidance of excessive risks, interest, and avoidance of any transactions on the basis of chance or luck can be very challenging in relation to the legal system since they all are based on specific reasons and which include the Saudi Arabia rules and regulations. Hence, the problem in this case is not the rules but the application of sharia laws and rules as being public policy (Baamir, 2016).  The main consideration can be about how rules on the policy are seen and implicated to enforce the system of the arbitration internationally.

There are calls to have the kingdom employ a transparent law and modify the customary sharia laws category in practice. This is to enable the avoidance of arbitrary practices, secure the legal certainty and have a consistent ruling. If all these rules are applied persistently and in a manner that is transparent, the necessary precautions can be undertaken by arbitrators like depiction an award which can be broken into parts which are possibly a violation of the Saudi Arabian policies and in this way the award is executable. The sharia laws remain very intact to the arbitration laws today and this affects the application of the laws in this state and other Muslim states. Saudi Arabia expects that the arbitration laws applied in that kingdom are in accordance with the public policy which is only a hidden expression of the sharia laws (Fossum, 2014). While using the arbitration laws in this country one has to be of respect to the concept that the policies are Gods words to the people of this kingdom and they are expected to be followed accordingly.

Arbitration control in Saudi Arabia

The court of appeal in Saudi is the competent court which handles cases to do with arbitration and any challenge that is forwarded with regards to the issue. In the case that the court of appeal does not deal with the issue, then the Supreme Court becomes the dispute solver in this case. According to article 15, the competent court is termed as the appointing body for the process of the arbitral tribunal where the parties have failed to agree on formation (Demeter & Smith, 2016). The competent court is also responsible for the making of an order of listening to the witness and also the production of any documents as requested by the arbitral tribunal according to article 22. After the implementation of the new laws in 2017, the court of appeal was granted the mandate of dealing with the issues arising from the arbitration such as the appointment of an arbitrator in case the parties do not come to a consensus and also dictate some of the vital regulations in the process.  The regulations opened a way for the Saudi government to be able to enhance the business environment and make the country laws conducive and attractive to investors. Under the kingdom of Saudi Arabia, the courts have been mandated to make orders with regards to the preliminary matters and also the injunctive cases including the orders which the judge considers to be very vital in nature to solving a dispute (Baamir, 2016). The arbitration laws also allow the tribunals to issue the partial awards or provisional awards unless the parties have an agreement on the issue. Considering the absence of any agreement between parties due to the duration of arbitration, the tribunal has the obligation of issuing awards in less than 12 months to the start of the proceedings and a six months allowance as an extension. If the time expires for granted by the competent court, any of the parties can apply for the termination of the arbitration. When any decision has been issued, it must be filed at the competent court within the kingdom by the tribunal for arbitration together with the certified Arabic translation if the language used is not Arabic in a period of 15 days (Stone et al., 2015).

Though the tribunal of arbitration must file the documents with the competent court rather than enforcing the party, the timing and the control of the filing for the award is practically within the control of the party. This is one of the factors that the parties must put into consideration during the determination of the arbitration on the basis of subject to the arbitration laws. After the filing, the award has the legal authority of the judicial ruling and therefore it becomes enforceable only to the extent where the sharia laws are not tampered with and also the public policy (Medallah, 2015). The law provides that if there is any possibility of separating the noncompliant aspect of an award, then it can be possible for the enforcement of the compliant part of the portion of the award. The necessity of complying with the sharia laws and public policy is considered to be an all-pervasive necessity which is clearly stated by the laws of the land and must be taken into account by the parties during the process of deciding whether to be in agreement with the arbitration requirements. The government does play a very important role in the arbitration laws since it is the body which ensures that the sharia laws are followed effectively. The sharia laws are controlled by the government through the courts and this implicates the process of arbitration in Saudi Arabia (Stone et al., 2015). The courts are the general handlers of the arbitration laws specifically the court of appeal which has the main duties in dealing with arbitration.

Hearing arbitration

Article 26 of the latest arbitration laws in Saudi Arabia states that the proceedings of an arbitral commence the moment the request by any party has been received by the opposite party unless there is an agreement between the parties. In the case of multi-party, according to article 11, the proceedings commence beginning the last day when the parties received the arbitration request. The new law was incomplete with regards to the request for arbitration, according to article 9 of the rules of implementation, the matter is deemed to be included in the request for arbitration.  The new arbitration laws according to article 25 uphold certain principles such as the party autonomy which provides that the parties can have an agreement on the procedure to be used by the tribunal during the conduction of the proceedings (Medallah, 2015). The parties can come to an agreement to form the subject for the proceedings to any rules of an organization, arbitration center or agency either abroad or inside Saudi Arabia. To a certain extent for any inconsistency between the rules which have been agreed upon by the parties involved, the rules hereby accepted must prevail unless there is a violation of the mandatory Saudi law. Any developed rules must not be in conflict with the sharia laws. With regards to this clause, it is therefore very important for the parties to choose a person who is very conversant with the sharia laws. The arbitrator has to have the capability of providing the required guidance to the tribunal with regards to if the application of any rule can be conflicting with the sharia laws (Fossum, 2014). The new law contains certain procedural rules that must be applied to any arbitration in the absence of the party agreements.

According to article 25, the tribunal has the capacity to determine the type of procedure to be used with regards to the new law and sharia laws. The implementing rules mandate that where the tribunal has been involved in the formulation of the procedure to be used, the parties, in this case, must be notified about the procedure in 10 days or less before commencement. Default procedure rules in arbitration laws are mostly based on the UNCITRAL model law though there are some differences which are present. For example, the new law requires the written statements of the involved case and also the holding of hearings and the proceedings in a piece of paper (Baamir, 2016). The new law also requires the tribunal to have a recorded summary of the hearing in the minute's form that is to be duly signed by the present participants including the experts, witnesses, agents of attending parties and the members of the tribunal. The signed document must be produced a copy and which is given to every party unless the parties do not want any copy. This is a reflection of the practice in the region where a signed transcript of the hearings is a satisfactory document.

The rules or hearing arbitration in the United States are different to the ones used in Saudi Arabia to some points. The FAA does not contain the default rules that regulate the commencement of the arbitral hearing and proceedings. The courts generally indicate that the parties are responsible for the dispute resolution and they have to agree on a mechanism which best works for all. In many cases, the parties can fail to designate the most appropriate rules and in such instances, the arbitrators are seen as the main bodies for the applicable procedures (Stone et al., 2015). The person chosen to be arbitrator must be a good understanding of the sharia laws. The need of having the knowledge of sharia laws is to ensure that any procedure made or any application made is in accordance with the sharia laws failure to which the request will be denied. The arbitrator must have a full understanding of the legal capacity. This is to enable the smooth running and proceedings of the arbitration. The arbitrator must be a university degree holder in the sharia law which is legal sciences. This is all measures to ensure that the person has the full capacity of dealing with any issues arising from the processes and the creation of future laws if need be. Certain procedures are to be followed when delivering a ruling with regards to arbitration in Saudi Arabia. The arbitrator must have full consent of the case according to the law and deliver judgment according to the provided evidence (Medallah, 2015). In the United States, as long as the parties have come to an agreement on the best mechanism to apply in arbitration, the arbitrator has the right of giving the results accordingly. There are no rules to be followed since the only requirement is to have the evidence well placed. If the evidence presented is detailed and very convincing, then the arbitrator gives the final decisions. The arbitrator in United States does not have to be qualified in any manner to be chosen as arbitrator. The parties are responsible for coming up with the best mechanism for choosing the arbitrator who will be among the three required arbitrators. A tribunal can be formulated by the United States courts if the required parties do not make a decision on who to be chosen as arbitrator (Demeter & Smith, 2016). Such an appointment by the courts is not obligated to follow any means and therefore the courts are at free will to choose the best suitable means of choosing the arbitrator.     

Appealing to arbitration

Any decisions made by the arbitrator have zero chances of being appealed considering the traditional sense. According to article 49 of the new laws in Saudi Arabia, it is mandated that the arbitral awards cannot be appealed unless any party makes an application in order to have the award nullified according to the law of arbitration (Medallah, 2015). The directives on challenging the awards are clearly indicated in article 50 of the new laws in Saudi Arabia and they are based on the grounds of UNCITRAL laws. In the case where the tribunal has not observed the conditions set with regards to the award or is the award was primarily based on irregularities in the procedural. The competent court with the capacity on its own basis can be able to nullify the award if there is a violation of the sharia or the public policy laws. This is where the professional level of the arbitrator is tested in the arbitration. During the rendering of the decision by the competent court after an application to have nullification, the court has no obligation of looking into the facts of the dispute involved (Stone et al., 2015). If the court has upheld the decision made, then there is no chance of having the decision averted by any means possible. Any application to appeal the decision made, it must be filed within sixty days or two months and the challenge must be notified to all the parties involved. Documents must be filled out according to article 18 of implementing rules. In the case of the competent court upholding the award given, an order of enforcing the decision is provided and this can never be appealed again (Baamir, 2016). Any decision to appeal to the decision by the competent court can be made within the next one month or 30 days. Implementing rules indicate that the appeal will only be presented to the Supreme Court and which will listen to the request made.

            In the United States, there is no legal right of making an appeal on the decisions made in an ordinary sense. The decision can only be nullified on limited grounds which are set out by the FAA. Such grounds include the emergence of new evidence that there was some level of corruption, undue means, and fraud (Demeter & Smith, 2016). The arbitrators were involved in some level of corrupt activities during the decision making or any of them was involved in corrupt activities. If the arbitrators made a certain decision which is above their power is also a ground on which the decision could be appealed. The procedure for making an appeal is to file a petition of requesting the vacation of the decision using the appropriate courts inside the country or any other country where the decision was made. A notice must be provided to the involved parties and which will have an opportunity to make a response. The application to have the modification or nullification of the decision under the FAA must be presented at least 3 months after when the delivery of the award was made.    

References

Abdullah, A., Ismail, S. M., & Abidin, H. F. Z. (2017). The Role of Shariah Law in Islamic Financial Contracts in the UK and the US: A Comparative Analysis. Islam and Civilisational Renewal (ICR), 8(2), 244-255.

Al-Ammari, S., & Timothy Martin, A. (2014). Arbitration in the Kingdom of Saudi Arabia. Arbitration International, 30(2), 387-408.

Alqudah, M. A. (2017). THE IMPACT OF SHARIA ON THE ACCEPTANCE OF INTERNATIONAL COMMERCIAL ARBITRATION IN THE COUNTRIES OF THE GULF COOPERATION COUNCIL. Journal of Legal, Ethical and Regulatory Issues, 20(1).

Baamir, A. Y. (2016). Shari’a Law in Commercial and Banking Arbitration: Law and Practice in Saudi Arabia. Routledge.

Baamir, A. Y. (2016). Shari’a Law in Commercial and Banking Arbitration: Law and Practice in Saudi Arabia. Routledge.

Bowen, W. H. (2014). The History of Saudi Arabia. ABC-CLIO.

Demeter, D. R., & Smith, K. M. (2016). The Implications of International Commercial Courts on Arbitration. Journal of International Arbitration, 33(5), 441-469.

Elsig, M., & Pollack, M. A. (2014). Agents, trustees, and international courts: The politics of judicial appointment at the World Trade Organization. European Journal of International Relations, 20(2), 391-415.

Fossum, J. A. (2014). Labor relations. Mcgraw Hill Higher Educat.

Friedman, L. M., & Hayden, G. M. (2017). American law: An introduction. Oxford University Press.

Gaillard, E. (2014). Transnational Law: A Legal System or a Method of Decision Making?. Arbitration International, 17(1), 59-72.

Medallah, A. K. (2015). A review of projects and construction law practice in Saudi Arabia. J. Pol. & L., 8, 94.

Nesheiwat, F., & Al-Khasawneh, A. (2015). The 2012 Saudi Arbitration Law: A Comparative Examination of the Law and Its Effect on Arbitration in Saudi Arabia. Santa Clara J. Int'l L., 13, 443.

Stone, K. V. W., Bales, R. A., & Colvin, A. J. (2015). Arbitration law.    

Yaacob, H. (2014). Shariah Arbitration in Islamic Finance Transaction: An Urgent Need for Muslim Arbitrators. Pertanika Journal of Social Sciences & Humanities, 22.

Yelnosky, M. J. (2017). DIRECTV, Inc. v. Imburgia and the Continued Ascendance of Federal Common Law: Class-Action Waivers and Mandatory Arbitration Under the Federal Arbitration Act. Roger Williams UL Rev., 22, 287.

Explain The Origin Of Law, Why It Came Into Existence, How And Why It Evolved. Explain The Benefits Of Case Law And Its Relationship To Society.

Law can best be described as an organization of rules that are developed and enforced via social and governmental agencies to regulate conduct and instill order (Weatherill, 2016). Law being a primary system in the society is essential in controlling and monitoring to ensure that a given community expresses respect and equality amongst selves. Law, in other words, is demarcated as enforceable guidelines for creating order (Weatherill, 2016). Order is inseparable from law components in the civilized society. Having a law mainly means the presence of public order.  It is this law that creates a distinction amid lawlessness and a civilized society. Everything that the contemporary society has today and all that is highly valued in a democratic nation is because of the presence of rule of law. Without a law, it is only the rule of strength that can govern individuals which results in conflict which would, in turn, affect civilization and order (Weatherill, 2016).

Law was developed not only to create an orderly society but also to protect individual’s rights and privileges while regulating behaviors. Without law, then it would not even be possible to make independent choices and decisions since governorship would be based on power. The history of law’s origin connects back to the rise of civilization (Thayer, 1893). The modern law that is applied today has had to endure many changes from where it originated. Beginning with the Napoleonic Code and ultimately developing the sanctioned American constitution. Roma arrived in England and brought the Roman code, where law began. This Roman Code was an inflexible code that in real sense was not modified much (Thayer, 1893). It was characterized by much details which led to it being broken into different codes for better understanding. With this law, it was hard to create order in societies characterized by diversity. Based on the Failure of Rome, the Dark period and the administration could not survive but this created a foundation for the current administration. In 1215 The Magna Carta became the foremost document to be developed to guiding an organized administration which led to acknowledgment of individuals rights (Thayer, 1893).

During the issuance period, people began to form groupings and controlled themselves based on customs, religion, and culture and so on which resulted in the evolution of the Roman Code (Weatherill, 2016). Given that the living style has begun to develop and became more complex, this code was no longer effective as law and modification were necessary to ensure that the government was fully able to guard its citizens (Weatherill, 2016). With this changes, it was labeled as the English Common Law. After the American revolution, the united states under the influence of the enlightenment thinkers ideas who advocated for equality in government formed the constitution as their governing law to not only create order but also to ensure that its citizen's rights are fully guarded. Power was shifted from the decentralized setting to a more centralized one in order to create more trustable associations amid the citizens and government as a form of honoring commitments (Weatherill, 2016).

Case law refers to the law that is created via appellate courts conclusions in regard to how the law is related to evidence and whether these kind of proofs are a constituent of a legitimate erroneous (Anderlini, Felli & Riboni, 2008). In this context, court attempt to make decisions and compare facts based on a previous case that is related and only make modification if the facts are different and they necessitate distinct outcomes. This usually offers dependability and uniformity within the legal system since cases are to be viewed in an equal strategy. Case law is essential as it relates to the responsiveness to actual issues in the society on the grounds of reliable concepts and reasonability which offers more decision basis as compared to a decree (Anderlini, Felli & Riboni, 2008). The disadvantage is that once a pattern has been established by the courts then it becomes particularly challenging to alter it in events where the facts are close or are slightly different since the referencing becomes the primary ground of making decisions. In that, with era changes, the reliance n case law becomes more irrelevant and might even be discriminatory (Anderlini, Felli & Riboni, 2008).

Case law relates well to the contemporary society particularly in events where the cases are solved in a steady method (Anderlini, Felli & Riboni, 2008). This tends to increase reliability of the court system since discrimination is eliminated and efficiency tends to be acquired based on the set facts and verdicts made in previous cases. However, despite the advantages case law also affects the society negatively as there are those that believe that every case should be judged based on its own facts without comparing to the previous ones as this might be contradicting and confusing (Anderlini, Felli & Riboni, 2008). In general case, laws are utilized as references by majority to determine the verdict of cases and certain aspects that can be utilized to solving issues effectively while protecting individual’s rights enhancing order.

References

Anderlini, L., Felli, L., & Riboni, A., (2008). Statute Law or Case Law? Leonardo Felli, London School of Economics.

Thayer, J. B. (1893). The origin and scope of the American doctrine of constitutional law. Little, Brown

Weatherill, S. (2016). Cases & materials on eu law. Oxford University Press.

Torture for bomb criminals

Introduction

Torture is considered the act of deliberately causing serious hurts either psychologically or physically to a person with the aim of getting the person to talk or respond accordingly to the questions asked during an interrogation. Torture was considered to be the method of dealing with individuals who caused dangers to the United States especially after the Second World War. Torture is a method that continues to be used in both the democratic states and nations and the dictatorship states and nations. This method is considered by many to be an evil method but which causes the state of a nation to be secure and more peaceful (Wahl, 2017). For example, in the United States the method was considered to be very unethical and undemocratic which was used highly by the CIA but the Obama administration ruled it out of the options of interrogations[1]. This was a move that was highly appreciated by the human rights groups since some methods were very ruthless and which no human being should be subjected. However, during the Trump tenure, the program has been reinstated and is used to make sure that the offenders mostly the bombers talk (Zgonec-Rožej & Foakes, 2013). Saving lives is very important and when it comes to the use of torture, everyone agrees that losing one life to save many can be an important action.

Torture is a brutal method that can cause pain and suffering to the subjects but it is an important method which can reduce the activities of terrorism in the United States[2]. Extracting information from people who are suspected to be criminals with the capability and wiling of killing other people is very vital and in such cases, torture can be used. Many gang members and especially terrorist gangs are well trained to not disclose any information at all making it hard to question the person using the book method (Wahl, 2017). At such a time where there is a ticking time bomb, perpetrators should be tortured to ensure that the pain they feel makes them talk and reveal where the bomb has been set to explode. The perpetrators should be subjected to an immense pain that will ensure that they are made to be responsible for their action. It is during this torture that the individual or criminal involved has the chance to either save or kill lives and so torture should be the ultimate option. The interrogation process can be speeded up by use of torture to make sure that the time left is used to the best level[3]. In most cases such as the one in our case, the bomb is just less than 2 hours to exploding and the millions of lives at stake make it even harder for the authority to wait any longer.

 Today, there is a numerous number of terrorist groups which show no mercy when they attack where they live millions of people at the risk of death and others without their limbs while others are left homeless. With this ideology, it is impossible and not even making sense to talk about human rights or civil rights (Bloom, 2017). Any perpetrator arrested being related to the killings should be tortured in the best way possible to ensure that what he knows is also known by the security group. For example, the city of Seattle has more than a million people who are at the risk of being killed with a bomb and the only way to get the actual location of the device is through the individual said to be the one holding the trigger (Zgonec-Rožej & Foakes, 2013)[4]. It is impossible to relocate everybody from the city in less than 2 hours and this means that everything possible has to be done to ensure that the person gives the actual location of the life-threatening device.

A Certain technique such as the one famously known to be used by the CIA which is waterboarding does not cause any physical harm to the prisoner but ensures that they are intimidated to talk. This is a method that should be used in cases where the prisoner shows some level of pain and wants to give out information. In case no moves made by the prisoner to talk, then it is the high time to use other methods such as chopping off the figure nails or using electricity to instill pain in the prisoner. Many lives have been saved before through the use of torture to make the prisoners respond and this makes it a good method to deter an attack.

When it comes to the terrorist's groups, they all use various brutal methods to make their prisoner talk and some of these methods are very harsh that no police agency would use on a prisoner of a bomb. These are the same kind of people that slaughter and crush the heads of innocent people in the name of revenge to either a nation or a government (Wahl, 2017). Such methods used by terrorists are worse than being in prison without light or a door[5]. With this idea in mind, it makes it even impossible not to torture any criminal found guilty of something like bombing to prevent a similar attack. The methods used to torture the prisoners are better since they do not cause death or close to physical disability of the person. It is due to such a reason that torture should be used to make sure that the expected attack does not happen.

Any kind of damage that is done to a prisoner by the security agencies is a justified kind of harm since the main goal is to save the lives of other people. Punishing the prisoners of bombing by giving them torture is a qualified move and those who use the method are supposed to do it with caution not to kill the prisoners before they give out the information. However, prisoners and especially those who are suicide bombers in most cases will prefer dying with the information then saving lives. In such cases, there could be fatalities since the bomb is only less than 2 hours and nothing seems to be working to make them give information (Bloom, 2017). People suspected to be criminals can also not be criminals making it a torture on innocent lives[6]. Individuals who are suspected to be criminals can be given the torture while they are just innocent people and this makes it even harder to use torture in interrogations. Such cases are highly investigated and the true identity of the person is known even before the tortures begins and if the names and the information were given coincide with the suspected individual, then there is no chance to waste other than starting the torture. Psychologically, people can experience some consequences due to the torture did on them but if it is for the benefit of the society, then it is not a harmful thing.

Conclusion

The ticking bomb requires no mercy shown on the prisoners and therefore it requires strategy and techniques to break the prisoner and give out the locations. In the war against terrorism, one thing that should never be undermined is information[7]. At this point, the only concern is making sure that every tip is used which could finally lead to the revelation of the bomb. In many cases, individuals who are inclined to term torture as a bad method of punishment should be questioned based on the many attacks which countries have suffered under terrorism. For example, if anyone got a chance to get the information regarding the attack on the world trade centers, then it would have helped prevent the loss and lives which were lost under the attack (Wahl, 2017). If torturing was the method to be used to ensure that the gang members talked, then it is most definitely the method to be used to ensure that another attack does not happen again. Torture should be used to make the prisoner talk as if that is the only possible way to talk, then it should be used. Pain and suffering of one person can be used to make sure that the lives of many others are saved. Sometimes it is a brutal way which seems inhuman but it surely assists in making sure that they provide with the necessary information required to prevent further attacks.

References

Bloom, P. (2017). Against empathy: The case for rational compassion. Random House.

Conrad, C. R., Haglund, J., & Moore, W. H. (2013). Disaggregating torture allegations: Introducing the ill-treatment and torture (ITT) country-year data. International Studies Perspectives, 14(2), 199-220.

O'Donohue, W., Snipes, C., Dalto, G., Soto, C., Maragakis, A., & Im, S. (2014). The ethics of enhanced interrogations and torture: A reappraisal of the argument. Ethics & Behavior, 24(2), 109-125.

Wahl, R. (2017). Just violence: Torture and human rights in the eyes of the police. Stanford University Press.

Zgonec-Rožej, M., & Foakes, J. (2013). International Criminals: Extradite or Prosecute?. Chatham House.

[1]  Torture ruled out since it was a method that was considered to be inhuman and at times mistaken identity made it harsh for those who had not committed the crime presumed to commit.

[2] United states is targeted by most terrorist since they view it as a source of their problems or their solution to be in the position they are so making a revenge seems the best option for them.

[3] Torture is harsh but the level of danger and damage the terrorist influence when committing such crimes is very high and so it is not a harsh way of dealing with terrorism.

[4] Evacuating is an impossible method so dealing with the problem of terrorism through torture is a valid method.

[5] Methods used to make sure that the prisoners are subjected to horror which will act as a punishment for them.

[6] At times, torture is a bad move since some of the people tortured can be innocent but due to the state of emergency, they are not spared.

[7] Information should always be used with the highest level of intelligence to ensure that it is used correctly. 

Is The Criminal Justice System Effective In Deterring Crime In Presently In The United States?

Introduction

Over the last several years’ incarceration has risen drastically both on the state and federal levels. As the result of more punitive policies and harsher sentencing procedures, more than two million persons are incarcerated in the American prisons as U.S leads globally with the highest incarceration rate (Mallicoat 60). Incarceration and sentencing systems have conventionally had several goals which include punishment, rehabilitation, and deterrence. However, today the sentencing programs have always been implemented with the objective of improving deterrence influence of the criminal justice system. While the system as a whole provides certain effects of deterrence, the lack of uniformity among states has not only resulted in crimes and sentencing disparity but also turned the system to be ineffective (Mallicoat 60). This paper lobbies against the present view that the criminal justice system is currently effective in deterring crime due to the lack of uniformity, sentencing, and crime disparity.

Punishment does affect deterrence in a way or another. The lack uniformity among states is one of the leading force in regard to the rise of crimes. The present system needs to overhauled and have more uniformity across the nation. Based on research, it is demonstrated that punishment inevitability rather than the punishment harshness is more likely to generate deterrent benefits (Kennedy 316). To begin with, many states are pushing to abolish the death penalty. With this, it means that regardless of the crime’s severity the offenders will be subjected to a punishment that does not suit their crimes. This is, however, not pleasing since in the states where such laws that eliminate capital punishment are being emphasized this will be encouraging offenders to commit even heavier offenses to receive less severe penalties. With such laws, criminals feel they can continue to commit crimes of various degrees of severity with little to no reprimand. Sentencing disparity is one of the primary sources of the present system’s ineffectiveness. The system tends to lean on the person that has committed the crime rather than the severity (Kennedy 316). Crime and sentencing gap in America is a principal social and justice problem since those involved in less severe crimes have become the subject of incarceration while aggressive offenders are offered lenient to zero sentencing with bails.

Uniformity does not only mean that the laws should be modified collectively but also offenders should be charged as such based on the crimes that they commit that suit their respect to their offenses (Cole 6). It is the same trend that has resulted in the rise of sexual predators in the American education system because they seem to be getting lighter sentences than others who commit similar crimes. For most of the aggressive offenders such as white-collar criminals, all the related criminals are well accounted while considering the outcomes and the associated benefits of the penalty prior to deciding. Most of these crimes are usually charged with lenient sentences alongside bail despite the fact that they result in immeasurable damages which are both psychological and financial (Cole 6). On the other hand, minor crimes such as those that are considered to be aggressive even with minimal effects have led to extensive sentencing. It is at this point that rehabilitation and deterrence of the system fail as it appears to be encouraging injustices and offenders becomes more focused on retaliation (Cole 6).

Clearly, improving the severity of sentencing or criminal punishments is bound to have less effect on individuals who with no doubt believe that they will not be detained for their offenses (Fisher and Lab 279). Due to lighter sentences and penalties for severe crimes criminals feel that committing such crimes is less dangerous since they will receive more favorable penalties. In the current fight against crime, the system seems to be emphasizing more of sentencing severity which does not account for crimes discouragement. Based on research close to 50 percent of those arrested for severe crimes are repeat offenders and the fact that they are punished less severely might be the primary drive to their repeated misbehaviors (Cole 7). The system utilizes incarceration to keep people from engaging in crimes.

It is evident that capital punishment has low deterrence ability since it is not the severity of the crime that matters but the suitability. The system needs to be reformed to create punishments that suit the committed crime (Mallicoat 61). This means that it should be modified to create uniformity and punishment certainty in general. This is because most of the severe crimes are characterized by less severe and uncertain punishments which tend to encourage offenders to become involved heavily in crimes by using rationality. Due to the lack of certainty, the present system is mainly focused on the severity but not suitability. It is by creating uniformity throughout states that the general deterrence will be encouraged across the country. With varying policies, offenders tend to strategically, select their crime scene after weighing the possible punishment which generally affects the effectiveness of the system. There, is no need of designing a system that does not emphasis on fairness since crimes can best be avoided by applying fitting punishments (Kennedy 317).

An effective system is the one that fully meets its goals in which the American criminal justice system has been unable to achieve deterrence for the longest period (Fisher and Lab 279). The system has been effective in subjecting sentences in a rather varying way due to the existing based not on the committed crime but on severity which is not a very certain mode of punishment since it fails to encourage change and negativity in regard to crimes. The current system is believed to be effective in lowering crimes due to its ability to convict most offenders but does not account for the resulting outcomes such as disparity and incarceration. It is not all about sentencing offenders but effectiveness should be gauged on the capability to rehabilitate and encourage change. Given that the system encourages severe crimes among repeated offenders this is not pleasing and thus reform is needed (Cole 6).

In summing up, the present views that the present criminal justice system is effective in discouraging crimes is wrong. The system needs to be reformed in order to create uniformity and fight crime in accordance. This is because the system lacks uniformity and mainly focuses on the severity of punishment rather than the fitness of such sentences in order to encourage change. More severe crimes are being penalized rather leniently while some acquire zero punishment regardless of the resulting outcome.  It is due to this disparity that the American incarcerated populace is ranked the highest across the globe. Based on the uncertain laws criminals are highly willing to engage in high severity crimes in order to receive minimally or zero punishment.

Work Cited

Mallicoat, Stacy L, and Christine Gardiner. Criminal Justice Policy. , 2013. Internet resource.

Kennedy, David M. Deterrence and Crime Prevention: Reconsidering the Prospect of Sanction. Routledge, 2012. Print.

Cole, George F. Criminal Justice in America. Place of publication not identified: Wadsworth, 2017. Print.

Fisher, Bonnie, and Steven P. Lab. Encyclopedia of Victimology and Crime Prevention. Thousand Oaks, Calif: SAGE Publications, 2010. Print.

Affordable Care Act

Article 1

The affordable care act (ACA) was mainly developed in order to decrease the general rate of uninsured persons in America, make insurances and health services more affordable as well as improve the general outcomes as well as performance in regard to healthcare (Feldman et al., 2015). During the general process of its design children generally were not a primary priority since prior to the reform there were more children than the general number of adults that had already been insured under private plans, Medicaid and children programs. ACA was then designed in order to offer more benefits via the provisions that are meant to ensure that the coverage becomes universal, consistent, affordable as well as substantial to the high populace in America (Feldman et al., 2015). However, there are some limitations  in regard to Act involve the exclusion were present prior to the enactment, the shortage of national standards in regard to insurance welfare, permissible reduction in regard to funding and limited knowledge and experience in regard to the fresh delivery models in regard to enhancing care while lowering the operating experiences (Feldman et al., 2015).

It is obvious that the systems, as well as the general payment, should assert adequate access as well as quality development in regard to ACA in regard to cost savings (Feldman et al., 2015). ACA is the most far-reaching regulatory reform within the health sector that has been enacted since the designing of Medicaid and Medicare. The act was developed with rather customized considerations of the general health needs of children and young individuals particularly those affected by disability. The considerations were, in particular, made to address health issues to those that are more vulnerable to chronic illnesses, psychological impairment, behavioral as well as development issues (Feldman et al., 2015). The act considered that there are some groups that need more healthcare than what is utilized by average children.

There are several forces that raised in the quest of requiring the implementation of health reform in America. Health insurance is currently the most important aspect for all Americans due to the general need to acquire quality and substantial clinical care (Feldman et al., 2015). Over the last few years, the general cost that is related to the acquisition of health care has risen rather drastically based on developments in diagnosis as well as treatment options in regard to the life expectancy in general. It is the competing cost that as in turn affected the quality and the general earning of health workers. ACA has for the last seven years been engaged in the attempt to minimize the increasing expenses, improving the conditions and minimizing the general benefits. Families were previously depending on employer’s covers which were proving to be ineffective as employers focused on minimizing the general exposure to expenses by excluding family planning options thus reducing their options (Feldman et al., 2015).

ACA has proven to be effective by minimizing the general number of Americans who are not yet insured (Feldman et al., 2015). Most uninsured individuals have in typical nature been excluded from some crucial services since they tend to enquire for health services only when they are in need of emergency services. It is rather apparent that prior to ACA the highest populace was suffering from bankruptcy due to the increased expenses related to healthcare. Everyone deserves better living and by securing the lives of young children it is apparent that the future will be comprised of healthier people (Feldman et al., 2015).

Article 2

There are a number of coverage connected provisions that occurred almost immediately after the ACA act was passed in 2010. This coverage is the most influential based on their consistent political support but it is rather sad that they have only resulted in average effects. One of the primary provision had asserted that young individuals should be eligible for the covers under the sponsorship of their parent or employers for health services (Glied & Jackson, 2017). This provision resulted in the expansion of the cover up to about three million persons. An additional coverage involved the development of a rather temporary initiative of reducing high threats. In that, the previous coverage only provided subsidized funds to those that had been diagnosed with severe chronic illnesses. This provision led to the enrollment of close to a hundred and fifty thousand persons with high expenses accounted per individual (Glied & Jackson, 2017). The limited outcomes presented a reflection of the previous coverage which was existing in most states and proved to be challenging to run and only led to the enrollment of close to two hundred thousand persons in the whole country.

In other words, the former provisions that had been applied held restricted effect on the nationwide coverage level. Prior to ACA extensive subsidies on the coverage alternatives, the general attention of the existing criticism became evident since only close to 14 percent of the elderly population had been enrolled (Glied & Jackson, 2017). However, after the ACA’s fresh coverage options become available to the national wide platform the coverage began to increase the act sort to address the issue of income and health coverage gap and health coverage in general. This subsidy is mainly developed in order to inspire families to select plans that are associated with minimal expenses among the options given to them. Simultaneously, the act also offers protection to families characterized by low income against any extreme pricing increase that might alter the condition of the market. As the level of health coverage prices increases the national subsidies also increases thus offering more protection (Glied & Jackson, 2017). The subsidies are created in order to ensure that the rise in prices does not encourage the participants to withdraw.

The fresh subsidies are mainly associated with fresh regulation terms particularly within the private market which has made it more affordable for the middle-income families (Glied & Jackson, 2017). The act has worked to ensure that the coverage offered to an individual should be accessible to every member of the given category in spite of their health condition and should not be adjusted. This implies that the pricing strategy should not be altered and should be a reflection of the insurance state and should not be different amid men and females but can vary in pricing due to age differences only by a minimal margin. More so the ACA permitted states to expand their initiatives to be able to fully offer coverage to documented residents even those that are within the poverty level and most of the expenses being catered by the federal administration (Glied & Jackson, 2017). In general, ACA has decreased the shortage of Federals and despite the fact that the coverage has led to increased net expenses the expenses involved in expansion have created a balanced amid productivity and gains. In other words, the coverage has led to increasing healthcare services access in general that is consistent with the set standards.

Article 3

The coverage of healthcare in America will be raised to close to the universal standards under ACA. However, there is an increased health difference and inequalities amid the insured and the insured on the ground of coverage eligibility. President Obama passed the ACA due to the ever rising percentage of uninsured persons in the country as well as the rising health coverage costs (Hong, Holcomb, Bhandari & Larkin, 2016). This Act was developed with the intention of offering insurance to the underinsured and those with no insurance in America by guaranteeing them that every individual has some certain degree of accessibility rate that is suitable for health services. In addition, it was also established that close to over 32 million of uninsured persons which be able to acquire minimal and yet adequate coverage under the provision (Hong, Holcomb, Bhandari & Larkin, 2016). The primary objective of ACA insurance coverage is to support adequate healthcare services access and also guard individuals and their respective families from the financial strains that are particularly linked to chronic illnesses. In this manner, health coverage decreases the care price that is faced by the health services consumers and this will be directly linked to increased healthcare demand.

It is proposed by evidence that the increase in the utilization of care can, in turn, lead to more improved care. With consideration of the association between health coverage and health improvements the number of those that have been enrolled and the eligible ones has increased rather drastically (Hong, Holcomb, Bhandari & Larkin, 2016). It is through the act that more opportunities for assessing health-related issues in regard to the distinct coverage can be identified thus creating a healthier status in the most extensive context. Based on the achievements that the act has achieved so far that includes creating more expansive opportunities for eligibility, focusing on quality, accessibility and affordability it is rather evident that ACA will have more beneficial effects on the uninsured persons. It is indicated that close to 80 percent of those that had already been insured have acquired higher subsidies that have played part in improving health. The rate of uninsured persons among the elderly populace has decreased with a rate of about 7.6 percent (Hong, Holcomb, Bhandari & Larkin, 2016). Based on 1 2016 study it has been showed that more than 25.5 million persons have acquired adequate coverage since the ACA began its operations (Hong, Holcomb, Bhandari & Larkin, 2016). However, it is not yet time to celebrate the achievements since based on research it is apparent that the achievements have not yet met the anticipations.

The most viable explanation of the existing discrepancy might be that there are some groups that are unlikely to acquire for coverage (Hong, Holcomb, Bhandari & Larkin, 2016). There is some form of resistance that might be deterring the entire populace from participating because of uncertainty (Hong, Holcomb, Bhandari & Larkin, 2016). Since some states failed to expand their Medicaid coverage most of those that residents in the states besides being eligible for the coverage will retain the state of being uninsured which is affecting the expectation of the ACA (Hong, Holcomb, Bhandari & Larkin, 2016). In addition, most families that are characterized by low incomes are finding it hard to combine their earnings for the coverage. It is believed that the government should focus on providing more education to the public not only to encourage them to enroll but also to notify them of the benefits and the accomplishments so far.

References

Feldman, H. M., Buysse, C. A., Hubner, L. M., Huffman, L. C., & Loe, I. M. (2015). Patient Protection and Affordable Care Act of 2010 and Children and Youth with Special Health Care Needs. Journal of Developmental and Behavioral Pediatrics, 36(3), 207–217. http://doi.org/10.1097/DBP.0000000000000151

Glied, S., & Jackson, A. (2017). The Future of the Affordable Care Act and Insurance Coverage. American Journal of Public Health, 107(4), 538–540. http://doi.org/10.2105/AJPH.2017.303665

Hong, Y. R., Holcomb, D., Bhandari, M., & Larkin, L. (2016). Affordable care act: comparison of healthcare indicators among different insurance beneficiaries with new coverage eligibility. BMC Health Services Research, 16, 114. http://doi.org/10.1186/s12913-016-1362-1

 The Judicial System

The legal system includes significant diversity because court jurisdictions tend to vary from, feasibly, one country to another. For instance, different nations or even groups including religious groups and social groups abide by changing legislation. Like in this case, there exist substantial differences and limited similarities of legal systems between the United States and Saudi Arabia. Important to note is that the legal systems in Saudi Arabia are founded on Sharia law thus the Islamic principles regulate its criminal justice. The Arabian legal system is specifically guided by the Quran, public agreement, Hadith and views of Islamic scholars. Notably, religious beliefs develop the Islamic law which in turn directs the Arabian justice system in all life orientations (Ansary, 2008).  On the contrary, the justice system in the United States exemplifies principles of common law, which resembles the European and many other justice systems in the world. The statutory requirements in the U.S's justice system are founded on a democratic perspective from which every citizen is included during the drafting process (Falk, 2010).

Becoming a Judge

To become a judge in the U.S involves a series of significant steps. The attainment of an undergraduate degree founds the first step for one to be a judge. Important to note is that there is no specific arena of study although the undertaken curriculums are stipulated to involve history, public speaking, and government-related courses and extensively, studies in foreign language. The second step requires a judicial aspirant to have a ‘Juris Doctor’; a law degree from a certified law school as per the ‘American Bar Association.' Subsequently, one has to pass a bar examination; the ‘Multistate Bar Examination’ (MBE) (Neubauer, & Meinhold, 2017). The fourth step highlights the appointment or election of lawyers with the MBE qualifications to judgeships by the government agencies (Kauffman, 2013). The selected candidates are then put into test by the ‘U.S. Office of Personnel Management'. The final step requires the endorsed candidates to complete the judgeship training, which focuses on the introduction to state administration. Becoming a judge in Saudi Arabia is determined by one’s religious background unlike in the U.S where natives of different religious backgrounds have chances for the judgeship. Like in the U.S, the Arabian judiciary expects candidates to be holders of higher academic levels although the scholars must be familiar with the ijtihad. Specifically, Arabian Laws regulate judicial candidates to have a degree from the Sharia colleges within Saudi Arabia (Ansary, 2008), which concurs with the American system where candidates are accepted from specific law schools. The processes of becoming a judge in both countries tend to harmonize; however, the differing factor is noted in the essence that people of all religions can attain judgeships in U.S unlike in Saudi Arabia where judgeships are limited to the Islamic believers.

I know age is a common composition among the other qualifications to becoming a judge in Saudi Arabia. For instance, the Arabian judiciary provides judgeship opportunities to certain ages. It is eminent that appellate judgeships are limited to judicial candidates with not less than forty years whereas as applicants for supplementary judicial ranks, we are required to be no less than twenty-two years of age (Ansary, 2008). On the contrary, the American court orientation ceases to commonly employ the age factor when validating federal judgeships although there encompass an informal criterion of inaugurating chief judges that rely on seniority. It is prevalent that judgeships in the U.S are offered on the basis one’s proficiency to serve by the constitution rather than age factors.

Presenting a Case in Court

According to Sharia law, a case to be filed in court should encompass a substantial base of evidence; preferably, the fact should bring in a reliable number of witnesses. The Sharia law denotes that witnesses have to be selected among those who had reported the crime immediately after observing its occurrence (Barkan & Bryjak, 2011). In contrast, the Common Law of the United States allows the judge and even the jury to determine the validity of a conviction. A prosecution party has the freedom to present a case to the board after which the defense party is allowed to offer its expositions on the sentence (Beloof, 2012). While the Sharia Law incorporates witnesses to strengthen the prosecution, the Adversarial Law uses witnesses to either support or abate the foundation of a conviction.

Importance of Investigators in the Courtroom

The judicial system of the U.S makes excellent use of investigator contributions to enhance the judicial process when compared to the roles of investigators in the Arabia.  Judgments in the United States differ depending on the viability and validity of facts presented in a case. The investigation system, therefore, engages diverse techniques of varied dimensions to extract the essential requirements regarding the situation at hand for validity (Fish et al. 2013). The magnitudes of investigations incline to differ liable to the diversity of a crime. It is reasonable that some cases require full information including scientific facts thus investigators are used by the judiciary to gather fact-based details through respective tests. It is, therefore, reasonable to state that investigators play essential roles of strengthening cases in the American courts. As an investigator, the investigation system in the Arabian kingdom is often assumed as a substantial source of facts for feasibility and cogency in courts. The Sharia law provides chances for replacing the investigation system with views of eyewitnesses. It instead relies on the presentations of crime witnesses to impose rulings (Barkan & Bryjak, 2011).

Judgments

The Sharia laws in the Arabian land clarify that the plaintiff or the investigator must present more evidence over the expositions of the defendant to validate a crime for conviction. The law, however, may allow oaths to be used for examining a defendant’s innocence in proceedings lacking satisfactory evidence. It is important to note that the perpetrator of a crime must take the oath to outdo the prosecution and otherwise the petitioner grabs the determination of the court system (Neubauer & Meinhold, 2017). Conversely, the court scheme of the U.S contradicts with the Arabian justice principles. Commonly, lack of reliable proofing base allows the dismissal of plaintiff’s claims by the U.S’s justice system. The court systems may as well give investigators the consent to gather more information depending on the feasibility of the claim (Fish et al. 2013).

Punishments

The orientations of Sharia law in Saudi Arabia tend to contradict with the human rights deed in most countries worldwide regarding criminal penalties. Evidently, harsh punishments including stoning are used as active measures for certain crimes that, in many, violates the moral views on criminal punishments (Jouet, 2017) . In opposition, the Adversarial Law advocates for the establishment and protection of human rights thus curbing insensitive sentences in the U.S courts despite the crime (Hall & Clark, 2002).

Eminently, criminal punishments vary between both justice systems. Like the Sharia laws, most of the Islamic authorities subject offenders of certain crimes to punitive sanctions. It is not uncommon for offenders of, for example, adultery to face death punishments by inhuman methods including stoning and hanging in the Islamic-related justice systems (Nwankwo, 2011). Sharia laws as in the justice systems of Saudi Arabia, provide consents to harsh punishments. More so, capital crimes, that is, less massive offenses are subjected to severe penalties that tend to offset crime scale by the Sharia law. The sentences of Sharia laws on capital crimes like murder differ from those of the American Justice system. Conversely, the Adversarial principle on the essence of humanity prohibits the American system from corporal punishment (Reid, 2011) rather imprisonment is the pervasive penalty for such offenses in the American world (Jouet, 2017).

Reforms

It can be argued that the Arabian justice system accrues significant undemocratic aspects, which limit chances for extensive analysis. For instance, the legislation is drafted by the Qur'an hence the complexity for its modification. Like in Iran, Saudi Arabia exemplifies the traditional forms of justice since the two are theocratic countries. Nevertheless, the court systems in both states symbolize the critical aspects of Sharia law and Islamic perceptions of fairness and; as a result, judgments in Saudi Arabia are usually governed by the principles of Islamic religion (Kechichian, 2013). In comparison, the common law in the U.S’s justice system bequeaths the adversarial law, which comprehensively protects human rights within the land regardless of one’s social or religious background.

The essence that Sharia laws of the Arabian justice systems are strictly dependent on the Qur'an develops significant differences when compared with the court systems of U.S. The idea unfolds that the principles of Sharia law are not to be challenged by anyone although Islamic scholars have the priority to review and interpret the statutes into simpler forms. As a result, there accrue a wide range of hindrances to changing the determinations of Arabian courts because all laws are made in line with the Qur’an (Ansary, 2008). Unlike the principles of Sharia laws, the universal laws in the American judicial system avail a base of constitutional adequacy. Therefore, laws are often challenged in the court system of the U.S considering that statutory law communicates that court rulings must work in ways that satisfy autonomy of the majority (Falk, 2010).

References

Ansary, F., A. (2008). A Brief Overview of the Saudi Arabian Legal System. Hauser Global           Law School Program. Extracted From       http://www.nyulawglobal.org/globalex/Saudi_Arabia.html

Barkan, S. E., & Bryjak, G. J. (2011). Fundamentals of criminal justice: A sociological view.       Sudbury, Mass: Jones & Bartlett Learning.

Beloof, D. E. (2012). Victims' rights: A documentary and reference guide. Santa Barbara,             Calif: Greenwood

Falk, G. (2010). The American criminal justice system: How it works, how it doesn't, and how      to fix it. Santa Barbara, Calif: Praeger.

The Household Registration System reform and Migrant Labor in China

Introduction

Hukou, the Chinese system of household registration was established for the purpose of registering population in urban and rural areas separately.  The Hukou system has led to segregation of urban and rural populations in geographical, economic, social and political terms.  The system has been the basis of a social-economic structure that is dualistic and divisive resulting to two citizenship classes.  With initial aim of the system being prevention of labor force in rural areas from leaving the agricultural sector , it has failed to live to the intended positive outcome, by excluding part of the population from the social and economic benefits of a growing economy.  The central and local governments have carried various efforts aimed at reforming the Hukou system so that its purpose is not only the elimination of registration of population that has been separated geographically.

Review

The origin of Hukou system in China is traced to the nation’s adoption of Stalinist communism which involved rapid industrialization is the main growth strategy. The strategy was based on increased industry in urban areas using agricultural surplus from the rural peasantry, and for this to succeed, a prevention of rural –urban migration was essential (Kam Wing, 357).  The measures taken by the government to prevent rural exodus culminated in development of Hukou as a registration system for controlling the mobility of the population. The regulation required that internal migration be approved by local government and at this point the Chinese population a basic freedom of migrating and residing willingly in their nation (Kam Wing, 357).  The end results was the creation of two social-economic classes: the urban class comprising of people working in the industrial sector and accessed at least the full citizenship and social welfare ; the rural peasants tied in rural land so as to ensure production of agricultural products as raw materials for industrialization and had to look after themselves (Kam Wing, 358).

 In contrast to common depiction, the system was not aimed at controlling labor mobility and rural-urban population but it was a social control whose purpose was to exclude rural folks from accessing welfare and goods provided by the state. This was also a curtailment to entitlement of people living in rural areas and hence, a form of segregation. By ensuring that the rural population is held at the countryside, the system denied them the economic, political and social opportunities and hence their rights and the end result was an underclass with low market value in the rural areas. It was at the backdrop of the effects of the Hukou systems that the Chinese government, both central and local, saw the need for introducing reforms whose aim was to ensure reverting of the situation (Cai, 34).

The reforms

 Reforms of the Hukou system were on the basis of socioeconomic reforms that were started at the rural areas. At the start of the reforms, a system of household responsibility was introduced with an aim of solving the problem of lack of incentives and this resulted to improved agricultural labor productivity. It also led to release of excess labor which had been piling up during the pre-reform period. The major reason for this reform was not to abandon of the system which meant that there was no clear blueprint and this saw labor movement to non-agricultural sectors and from villages to urban centers (Cai, 35). The transfer of labor involved the rural population relocating to TVEs (Township and Village Enterprise) especially before the governments allowed rural-urban migration.  The initial intention of the central government before mid-1980s was to allow leaving the land but remaining in the rural areas but the TVE creation occurred only in local villages or smaller towns but remained very uneven among various regions.  There was no creation of enough adequate employment in the non-agricultural sector for the migrating laborers. The farmers resulted to migration across regions and breaking down institutional bottlenecks and the local and central governments resulted to relaxing such institutional obstacles for the labor mobility. The TVE development stagnated in mid-1980’s which saw rural laborers migration from rural areas to towns and cities and across various regions and this was enhanced by the removal of institutional obstacles (Cai, 36). The government could not allow the rural peasants into the long-distance transportation and marketing of products in other places away from local markets.  This heralded the beginning of farmer’s rights to carry out business outside local towns, and the permission to work in smaller town in nearby areas was granted. By the 1988, the farmers were allowed to run their enterprises in towns or even in cities but under the self-sufficient staples (Cai, 36). The local and central governments relaxed rural migration restrictions which indicated a certain level of reform in the Hukou system in 1990s.  By that time, the planned system was still in operation while the Hukou system was not serious observed in an institutional setting so that it restricted any actions taken by laborers or by the government (Cai, 36).

 The development of market economy by the Chinese government in 1990s is considered to be milestone that differentiates the first and second phases of reforms on Hukou system. The was a big demand for labor which was generated by increase in export-oriented and labor-intensive sectors especially in coastal regions and the surge of employment opportunities in urban areas  private sectors.  Various measures were adopted due to expansion and integration of labor markets aimed at eliminating institutional barriers that hindered labor mobility. For instance, the rationing system and urban employment opportunities are part of these reforms. The rationing system that was adopted in mid-1950s restricting the staple food supplies and such necessities needed in urban areas were removed (Cai, 38). The massive unemployment and layoffs in late 1990s due to financial crises in East Asia and macro-economic downturn resulted to adoption of subsidy program for lay-off, unemployment insurance program, pension regime and program for minimum-living standards by the government. The aim was the protection of urban workers, improved development of labor market environment and liberalization of labor market. Through this, labor mobility would be encouraged while establishing different kinds of ownership across businesses, regions and sectors.  By allowing the entry of rural folks into urban areas, couples and children who had been separated were able to re-unite, while elderly people could get city Hukou status with their children. Even though resistance to such reforms occurred in parts of major cities, the Hukou system was afforded a legitimate basis at the national level (Cai, 38).

Even though the mobility of labor led to some reforms, the system still served similar traditional roles: urban laborers had the priority in securing employment and migrants were excluded from accessing social welfare in rural areas.  A competition for job opportunities existed between the unskilled laborers in urban areas and migrants workers but urban governments protected urban workers while migrants were discriminated against.  At the same time the governments established preliminary systems to protect urban workers which included all those laborers with urban Hukou status (Cai, 38). 

 The reforms also came in form of ad hoc measures in 1970’s where small number of workers from the rural to fill the labor needs in cities.  The temporary workers employed on contract lacked an urban Hukou, and therefore, could not access social services. The practice of allowing the laborers from rural areas to fill the unwanted positions in cities was gradually enhanced during early 1980s (Kam Wing, 358). The state made the deployment of rural peasants to meet the labor demand in industries its major strategy and the rural-Hukou became the basis of industrial export. Such laborers also filled the law low-end service positions in the urban areas.  The rural migrant laborers earning low wages and hence, minimum living standards are also not entitled to the benefits offered by minimum protection policies. Since they have temporary status and permanent ineligibility for urban Hukou, the migrant workers will always be vulnerable and can be expended easily (Kam Wing, 359).  The workforce formed by poor laborers with no urban rights can be attributed to the situation where China has the most efficient production in the world due to the low cost.  The rural-urban migration by rural peasants still continues presently and this has delayed the point and time of labor surplus exhaustion which is a turning point highlighted by Lewis development model in a market with labor surplus.  The direct relationship between Hukou system, migrant labor and industrial economy can explain why there little increase in wages for such workers even where the economy is growing rapidly and the ability of China to price its exports below major competitors – other developing countries (Kam Wing, 360).

The rapid growth of Chinese economy over the past decade has resulted to increased labor demand and for once, the challenge of more labor demand than supply is being experienced. The problem has been widespread since 2003, while the wages for migrant laborers has been increasing on a yearly basis (Cai, 38). Such an increase has also been seen in agricultural sector wages and this shows the link between surplus labor reduction in agriculture, reduced unskilled workers in cities and resulting increment in wage for all sectors.  As per Lewis definition, this may be a sign that Chinese economy has attained the Lewis Turning Point (Cai, 39). The same year indicates an onset  of new phase of reforms in Hukou system and the turning point is essentially manifested in market labor alteration so that the labor market no longer has unlimited labor supply but labor shortages becomes frequent.  As the economic reforms in China focused on market orientation, the Hukou system tried to unify labor market in urban and rural areas (Cai, 39). In addition, the conflict between local workers and migrant workers has eased, since the economy no longer guarantess unlimited labor supply while the labor market is dominated by structural factors but not workforce magnitude.  Provisions of social welfare programs like social security are becoming socially pooled on the basis of individual contributions and public finance which makes compatibility more important than competition between the urbanites and new comers (Cai, 40).

 The local governments have also adopted policies that have encouraged development of institutions of labor market that formally recognize migrant workers.  The institutions’ evolution has involved regulations aimed at workers’ protection and de-regulations aimed at liberalization of labor mobility.  The efforts employed in improving Hukou systems for better working environment include policies such as 2008 Employment Contract Law and Labor Disputes Mediation and Arbitration Law (Cai, 41). The governments have also frequently increased the scale of adjusting minimum wages while at the same time attempting to improve the participation of newcomers in coverage of various programs such as social insurance. These provisions apply even if the laborers migrate across different provincial boundaries (Cai, 41).

Criticism on Hukou system reforms

The reforms on Hukou systems have faced a lot of criticism from within and outside the country. The various adjustments adopted by the central and local governments are seen to have not led to enough alteration the essence of Hukou system which is dualistic structure in economy and labor market. There is still discrimination against workers within rural Hukou.  The migration workers are still disadvantage a situation that was made worse by the 2008-2009 financial crises experienced globally where most of those who lost their jobs were migrant workers from rural areas ((Kam Wing, 361)).  

Moreover, the difference between the rate of urbanization and the size of population in non-agricultural sectors has resulted to the perception among policy makers and various scholars that the forms have not yielded positive progress and that there has been an overestimation of urbanization level.  The migrant workers who are considered urban residents continue to be excluded from equally accessing many services offered by the urban governments.  For instance, the workers face challenges during enrollment of children in schools, lower rates of participating in programs for social insurance and have no guarantee for minimum standards of living (Cai, 42).

Despite such criticisms, the benefits arising from such reforms cannot go unrecognized especially in terms of facilitating employment opportunities and improved working environment for the migrant workers. In addition, the social lives of the migrant workers, their parents or children have been improved greatly in comparison to the pre-reform periods when this population was forced to fend for itself in rural areas.  The improved access to welfare services provided by urban governments can be seen as positive results of such reforms. In addition, the acceptance of migrant workers in towns has enabled farmers to operate their enterprise where they can access larger market for their products and this improves their living standards.  The reform have also allowed enrollment of migrants children to education and this is important in providing necessary technical skills as the economy expands.  The measures adopted by the local governments have also led to stabilization of labor market especially after 2008-2009 financial crises when businesses production capacities could not be fully utilized (Cai, 43).  This means that the measures for Hukou systems new reforms are feasible and have been adjusted to align to the real needs of a person’s locality (Cai, 45). The few recognized limitations can be addressed through urgent reforms that include workable measures that will ensure that the Hukou system yields maximum benefits to the urban and rural populations.

Works cited

Chan, Kam Wing. "The household registration system and migrant labor in China: Notes on a debate." Population and development review 36.2 (2010): 357-364.

Cai, Fang. "Hukou system reform and unification of rural–urban social welfare." China & World Economy 19.3 (2011): 33-48.