Padilla v. Kentucky Supreme Court Case, Arguments, Impact

In Padilla v. Kentucky (2010), the Supreme Court examined an attorney’s legal obligation to inform a client that a guilty plea might impact their immigration status. In a 7-2 decision, the Supreme Court found that, under the Sixth Amendment of the U.S. Constitution, an attorney must advise their client if a plea may result in deportation. Fast Facts: Padilla v. Kentucky Case Argued:  October 13, 2009Decision Issued:  March 31, 2010Petitioner:  Jose PadillaRespondent: KentuckyKey Questions:  Under the Sixth Amendment, are attorneys required to notify non-citizen clients that a guilty plea might result in deportation?Majority:  Justices Roberts, Stevens, Kennedy, Ginsburg, Breyer, Alito, SotomayorDissenting: Scalia, ThomasRuling:  If a client faces immigration consequences when entering a guilty plea, even if those consequences are unclear, an attorney must advise their client of them under the Sixth Amendment Facts of the Case In 2001, Jose Padilla, a licensed commercial truck driver, was indicted for possession and trafficking of marijuana, possession of marijuana paraphernalia, and failing to display a weight and distance tax number on his vehicle. Padilla accepted a plea bargain after consulting with his attorney. He pleaded guilty to the first three counts in exchange for dismissal of the final charge. Padilla’s attorney had assured him that the plea would not impact his immigration status. Padilla had been a lawful permanent resident in the United States for close to 40 years and was a veteran who had served during the Vietnam War. Padilla realized after his guilty plea that his attorney had been incorrect. He faced deportation as a result of the plea. Padilla filed for a post-conviction proceeding on the basis that his attorney had given him false advice. If he had known about the immigration consequences of his guilty plea, he would have taken his chances at trial, he argued. The case eventually landed in the Kentucky Supreme Court. The court focused on two terms: direct consequence and collateral consequence. Under the Sixth Amendment, attorneys are required to notify their clients of all direct consequences related to their charges. Attorneys are not required to notify clients of collateral consequences. These consequences are incidental to a plea deal. They include forfeiture of a license or loss of voting rights. The Kentucky Supreme Court viewed immigration status as a collateral consequence. Padilla could not argue that his counsel’s advice was ineffective because counsel was not required to give advice in the first place. Constitutional Issues Does the Sixth Amendment require notification of possible deportation when criminal defense attorneys are working with clients who have immigrated to the U.S.? If an attorney incorrectly states that a legal action will not impact immigration status, can that false advice be considered â€Å"ineffective assistance† under the Sixth Amendment? Arguments An attorney representing Padilla argued that the Supreme Court should apply the standard in Strickland v. Washington, a 1984 case which created a test for determining when counsel’s advice has been ineffective to the extent of a Sixth Amendment violation. Under that standard, the attorney argued, it was clear that Padillas counsel had failed to uphold a professional standard when advising him. An attorney on behalf of Kentucky argued that the Kentucky Supreme Court had accurately labeled immigration effects as a collateral consequence. Lawyers could not be expected to account for every possible impact a guilty plea might have on their client. Civil effects of a criminal case are beyond the scope of the Sixth Amendment right to counsel, the attorney argued. Majority Opinion Justice John Paul Stevens delivered the 7-2 decision. Justice Stevens declined to recognize the lower court distinction between collateral consequences and direct consequences. Deportation is a â€Å"severe penalty,† he wrote, though it is not formally considered a â€Å"criminal sanction.† Immigration proceedings and criminal proceedings have had a long and tangled history, Justice Stevens acknowledged. The â€Å"close connection† between deportation and criminal conviction makes it difficult to determine whether or not one is a â€Å"direct† or â€Å"collateral† consequence of the other. As a result, the Kentucky Supreme Court should not have classified deportation as a â€Å"collateral consequence† when judging Padilla’s request for relief post-conviction.   Justice Stevens wrote that the court should have applied a two-prong test from Strickland v. Washington to determine whether the attorney’s advice was â€Å"ineffective† for the purposes of the Sixth Amendment. The test asks whether the attorney’s conduct: Fell below a standard of reasonableness shown through expectations of the wider legal communityResulted in unprofessional errors that altered the proceedings to prejudice the client The Court reviewed guidelines from several leading defense attorney associations to conclude that the â€Å"prevailing legal norm† was to advise clients of immigration consequences. It was clear in Padillas case that deportation would result from a guilty plea, Justice Stevens wrote. It is not always so clear. The Court did not expect every criminal defense attorney to be well-versed in immigration law. However, counsel could not remain silent in the face of uncertainty. When the consequences of a guilty plea are unclear, the attorney has a duty under the Sixth Amendment to advise the client that the plea might impact their immigration status, Justice Stevens wrote. The Court remanded the case to the Supreme Court of Kentucky for determination in terms of the second prong of Strickland—whether or not the attorney’s errors changed an outcome for Padilla and whether or not he was entitled to relief. Dissenting Opinion Justice Antonin Scalia dissented, joined by Justice Clarence Thomas. Justice Scalia argued that the majority had adopted a broad interpretation of the Sixth Amendment. Nowhere in the text of the Sixth Amendment did it require an attorney to advise a client in legal matters beyond those directly related to criminal prosecution, Justice Scalia wrote. Impact Padilla v. Kentucky marked an expansion of the Sixth Amendment right to counsel. Prior to Padilla, attorneys were not required to advise clients of consequences related to guilty pleas that were beyond court-imposed punishment. Padilla altered this rule, finding that clients must be advised of non-criminal consequences from a guilty plea like deportation. Failing to notify a client of possible immigration effects that might come from a guilty plea became a violation of the Sixth Amendment right to counsel, under Padilla v. Kentucky. Sources Padilla v. Kentucky, 559 U.S. 356 (2010).â€Å"Status as Punishment: Padilla v. Kentucky.†Ã‚  American Bar Association, www.americanbar.org/groups/gpsolo/publications/gp_solo/2011/march/status_as_punishment_padilla_kentucky/.

Benefits Of A Diverse Workforce - 1003 Words

Benefits of A Diverse Workforce When the subject, cultural diversity is introduced as a topic, thoughts will vary. Some will associate cultural diversity with race. While others will think religion. The truth is, cultural diversity covers many areas. These areas range from sexual orientation to gender. The United States Department of Labor (DOL) website states by fostering a culture of diversity-or a capacity to appreciate and value individual differences-employers benefit from varied perspectives on how to confront business challenges and achieve success. It also addresses the fact that those with disabilities add a different perspective to the subject of cultural diversity. As previously mentioned, cultural diversity is usually†¦show more content†¦However, we must take cultural diversity laws, and turn the workplace into a culturally diverse environment. Discrimination and Accommodations The U.S. Equal Employment Opportunity Commission defines discrimination as actions that involves people treating a person (an applicant or employee) unfavorably because of his or her religious beliefs. This religious belief does not have to be what is considered a traditional, or common belief such as Judaism or Islam. It expands to cover beliefs held by to be religious, ethical, or moral. The law applies to any aspect of employment. Title VII also prohibits discrimination by segregating. The scenario addresses the request to have schedules adjusted to accommodate a two-hour prayer daily. Also, their religious beliefs require no form of work from Thursday at 3:00 PM and throughout Friday. When considering this request, consideration must be made with the other employees in mind. The first thing a Human Resource (HR) personnel must do is reference the law regarding the situation. This is to avoid issues that will be viewed as discrimination. There are certain circumstances when the employers can discriminate. If a religious accommodation is requested, but that request causes an undue hardship on the employer, the request can be denied. It would be acceptable to deny the request based on the deadline that is due Monday. That isShow MoreRelatedBenefits Of A Diverse Workforce2135 Words   |  9 Pagesits competitive advantage depend on upon its ability to increase the number of diverse employees, and to realize the benefits of it. Furthermore, the diverse workforce has become an increasingly important part of the American workforce. People with different backgrounds, knowledge, experience, and skills will bring new ideas which will benefit the entire team. A diverse workforce brings with it a lot of different benefits, as well as the potential disadvantages for corporate managers to manage. OrganizationsRead MoreRecognizing The Benefits Of Not Only A Diverse Workforce,1240 Words   |  5 PagesRecognizing the benefits of not only a diverse workforce, but a diverse culture has been an issue for us since the founding of this nation. We’ve seen from the beginning how intolerance and bigotry was present in a society which proclaimed that all men are created equal by decree. Our society has struggled with the inclusion of anyone into our culture who did not fit the mold of we saw was the norm simply because it was different. This brief discussion focuses on how those differences can be harnessedRead MoreWorkforce Diversity1507 Words   |  7 PagesI. INTRODUCTION Workforce diversity addresses differences among people within an organization. Workforce diversity means that organizations are becoming a more heterogeneous mix of people from different categories. Diversity refers to the co-existence of employees from various socio-cultural backgrounds within the company. 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Dido Aeneas Relationship - 778 Words

DIDO AND AENEAS RELATIONSHIP Throughout the beginning of the Aeneid Dido, the queen of Carthage, and Aeneas, son of Venus and leader of the Trojans have an intimate relationship that ends in death. The relationship begins in Book I when Venus, the goddess of love, has her other son Cupid fill Dido with passion for Aeneas, to ensure Aeneass safety in this new land. Meanwhile Venus/Plotted new stratagems, that Cupid, changed/ In form and feature, should appear instead/ Of young Ascanius, and by his gifts/ Inspire the queen to passion, with his fire/ Burning her very bones. (693) Venus did this to protect Aeneas and his son, in fear that Dido would have otherwise been cruel to them. As Aeneas tells his story he portrays himself as†¦show more content†¦In Book VI Aeneas has one last encounter with the ghost of Dido in the underworld. When he meets her here he is aware that she killed herself due to his abandoning her, and he tries to tell her that he left her unwillingly. 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A Comparison Of Aids And Ebola Essay - 1376 Words

A comparison of AIDS and Ebola Doctors, as well as medical researchers, have often stated that there exist similarities as well as difference between HIV Aids and Ebola. The most notable similarity is that the two are viral conditions. Consequently, they can be compared based on characteristics common to viral diseases. The two spread through contract with body fluids of infected persons. Ebola and HIV are incurable illnesses that result in widespread stigma. However, both differ greatly despite the fact that they are virally transmitted. Their emergence is traced to the African continent (Jin, 2015). If left untreated, they turn out to be fatal. Governmental authorities, as well as non-governmental institution, have made tremendous efforts in curbing the spread of these killer diseases all over the world. Background information on HIV-AIDS The Acquired Immune Deficiency Syndrome denotes a spectrum of conditions that are caused by the HIV virus. Infection with this disease does not result in the instant occurrence of the related signs and symptoms. However, an individual is likely to experience flu-like symptoms after he or she is infected with it. Eventually, the person experiences a prolonged period of apparent health with no visible signs. On progression, the infection adversely interferes with the immune system of the individual. The weakening of the body’s defense system increases the risk of recurrence of common infections and opportunistic illnesses thatShow MoreRelatedThe Epidemic Of Infectious Disease1710 Words   |  7 PagesWestern Africa, are HIV and Ebola, respectively (Wainberg et al., 2014). Similarities Differences Between Two Viral Killers: HIV Ebola HIV and Ebola share similarities with respect to suspected origin and routes of transmission but the outcomes for these two infections are vastly different (Tambo et al., 2016). 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A Semiotic Approach on How Meaning Can Be Created in an Audience Free Essays

A Semiotic Approach on How Meaning can Be Created In An Audience â€Å"Human intellectual and social life is based on the production, use, and exchange of signs† (Danesi, 2002) As Danesi (2002) states, signs are an integral part of society; from watching television, listening to music, reading, writing or talking, we are engaged in sign based behaviour. This engagement with signs is known as the study of semiotics. Dating back to 460-377BC, with the founder of Western medical science, Hippocrates, coining the term, then known as semeiotics, he described signs consisting of three dimensions; the physical dimension, known as the signifier, the referent, or signified, and the signification (Danesi, 2002). We will write a custom essay sample on A Semiotic Approach on How Meaning Can Be Created in an Audience or any similar topic only for you Order Now These dimensions only have meaning when â€Å"it has someone to mean to† (Williamson, 1978). In the 20th century, semiotic theory was developed by a group of semioticians, linguists, psychologists and cultural theorists, based on the saussurean-Piercean paradigm (Danesi, 2002). First introduced to the public in the 1950’s by Roland Barthes, to describe our mediated culture, semiotics is essential when creating an advertisement. Among other things, semiotics plays a significant role in engaging the intended audience- the buyer. Whether it is the elderly, teens, children, men or women, the placement of colours, text, images and other signs, play a key role in the success of the advertisement (Scott, 1994). By taking a semiotic approach, this essay will demonstrate how meaning can be created in an audience, by the analysis of two advertisements, and discussing how codes and context are central in the ‘anchoring’ of meaning. First introduced by Roland Barthes (1977), the notion of anchorage, discusses the linguistic essentials that can help anchor, or constrain, how a reader interprets an image: â€Å"to fix the floating chain of signifieds† (Barthes, 1977). The advertisements chosen are from differing and contrasting magazines; the first from iconic fashion magazine Vogue and the other from a men’s magazine, Men’s Health. These differing genres have been chosen to illustrate how contexts and codes within specific social relations, groups, classes, institutions, structures and things (Thwaites, Davis and Mules, 2002) play an integral role in creating meaning (Scribd, 2012). Much of what we have come to understand about society, is learnt from the texts that are presented around us; through Hollywood blockbusters, to novels and magazines. Chandler concludes that â€Å"life is thus lived through texts and framed by texts to a greater extent than we are normally aware of† (Chandler, 2001). This means that advertisements not only refer to ‘real world’ concepts that we deal with day to day, but they also make reference to other texts. The level of this ‘intertextuality’ (Fiske, 1987) is what influences social beliefs and ideals in the world we live in. The advertisement from Vogue (See ad 1) features a sepia- colour scheme, with an alluring female to the right, and a bottle of ‘j’adore Dior’ perfume, to the left. Many signifiers are present in this advertisement; the female (Charlize Theron), is dressed in an elegant gold beaded dress, with a high beaded neckline, drawing the viewers eye to her strong jaw-line and bronzed face. Her pose is that of elegance and power, the background light shining around her slim figure. The colour of the clothing, and overall image, compliment the golden-sepia tone of the bottle of perfume on the left. Chandeliers are placed around the perfume bottle, and out of focus behind the woman. The signifieds present are; the gold dress giving an impression of the woman being a high profile member of society of, chandeliers are present in homes of the wealthy and the sepia tones represent warmth. By using a female of celebrity status, the advertisements appeal rises with the wider female audience, due to her known status. The key connotations featured in this advertisement are; the gold coloured dress connotes wealth, elegance and popularity. The powerful and elegant stance of the woman connotes power a female will gain when wearing this fragrance. Due to her celebrity status, the audience can also feel empowered, with a ‘celebrity’ status. The sepia tones connote warmth, and invite the viewer to become involved with the advertisement. Along with the bronzed body of the woman, the French writing j’adore (meaning I love) adds an essence of romance, and connotes desire, and sex appeal. As the ad connotes power, it is open for both upper and lower/middle class woman to interpret. Upper class woman could strive to maintain power, whilst lower class desire to gain power, by using the product. The way the creators of the ad have placed the female in this position, in these surroundings, to represent the product, has been done deliberately to target the desired audience; woman have a desire to feel beautiful, powerful, and sexy, therefore the creator has appropriately placed the advertisement in a women’s very well known and popular fashion magazine, to gain maximum results from the targeted audience. Leiss (1990) states that â€Å"at the core of advertising’s purposes now is not the message itself as a communicator of meaning, but rather its relationship to the audience† (Leiss et al. , 1990). With the development of the theory of marketing segmentation, it is logical to therefore conclude that creators of advertisements don’t focus on the product, but the signs and codes that connate particular meanings of positivity that are related to a certain lifestyle, culture, or social group (Scribd, 2012). The connotations pervade media representations, and symbolise psychological or social themes and situations that are familiar and understandable to the audience (Danesi, 2002), in order to successfully sell the product. The advertisement from the Men’s Health (see ad 2), is selling ‘Tom Ford Perfume’. This somewhat controversial ad has many key signifiers. The male figure lying on a bed is the predominant focus, followed by a female hand with red nail polish touching the male’s chest. The object that is being advertised is only shown as a half. The basic colour scheme is black and white, with the exception of the red nail polish and orange cologne bottle. The signifieds present are; the male is an essential selling point of the advertisement, therefore he takes up the majority of the page. Sex appeal is what the advertiser is trying to convey, and the glimpse of a female hand can be seen as elegant and flirty. The key connotations are; the male figure as desirable and powerful- every woman would want an intimate connection with him. The red fingernails connote passion, desire, lust, and a thirst for action (Danesi, 2002). By using this cologne, the advertisement connotes that the user will become the ultimate object of desire, playing in to the male want of intimate connections with females. As the male figure has ‘sex appeal’ the advertisement encourages the partner of a male to purchase the fragrance, so she could have a ‘sexy’ male partner. The orange tone of the cologne bottle connotes warmth, stimulating the senses. When producers try to convey certain meanings, audiences may or may not assign the same meanings (Littlejohn, 1996). As mentioned in the first analysis, the advertisement is open to other audiences, whilst the male cologne ad is more closed, but it is up to the reader to decide whether or not they belong to the context or not. Signs are combined in to texts, but a text has no meaning on its own (Smagorinsky, 2001). It draws value from surrounding elements and from reader association, but also from what it is not (Littlejohn, 1998). The amalgamation of these creates the context in which the text functions; if you aren’t a wearer of perfume or cologne, you will have no interest in what it is trying to sell you, hence the importance of context. Thwaites and colleagues (2002) mention that â€Å"the social situations in which a sign is used may determine the appropriate content, type of sign and coding; signs contextual functions indicate the context in which it operates (Thwaites, Davis and Mules, 2002). Chandler explains that Stuart Hall pointed to the role of social positioning in the interpretation of mass media texts by different social groups (Chandler, 2001). Hall also suggested three hypothetical models of interpretive codes or positions for the reader of a text (Hall, 1980). But what Hall and also Chandler miss, is what happens when you don’t understand an advertisement at all? Because, as Griffin says; â€Å"like chameleons that take on the colouration of their environment, words take on their meaning of the context in which they are used† (Griffin, 2000). The opinion that the usefulness of semiotics decreases and is above all dependant on the skill of the interpreter is not new. Leiss (1990) argues that a key drawback for semiotics is that â€Å"it is heavily dependent upon the skill of the individual analyst† (Leiss, 1990). Less skilful analysts â€Å"can do little more than state the obvious in a complex and often pretentious manner† (Leiss, 1990). As Littlejohn (1996) states â€Å"meanings of a message are affected by events outside the message itself†, therefore the most successful advertisements focus on making sure the audience understands the content being conveyed (codes) and the content lays emphasis on certain meanings over others (context). In this perspective, the kind of magazine reflects how meanings are emphasised. Bignell (1997) even argues that â€Å"as well as being a collection of signs, the magazine is a sign in itself† (Bignell, 1997), the magazine is therefore a â€Å"powerful ideological force† (McRobbie, 2000) in society. Even though some postmodernists believe that texts are endlessly polysemic (Barthes 1977, Fiske 1987), meanings are still able to be communicated. Leiss (1990) argues that â€Å"for advertising to create meaning, the reader or viewer must do some ‘work’, because the meaning is not lying there on the page, one has to make an effort to grasp it† (Leiss et al, 1990). When analysing both of these advertisements, this statement is correct- the creators of the ad have given the reader ‘A and C’ but the reader must fill in the blank, or as it is known in this example, B. The application of semiotics in advertising varies significantly depending on the product being sold. Common themes almost always stay the same- the sense of freedom or excitement you get from purchasing a specific car or the feeling of popularity when you drink a certain type of alcohol (Messaris, 1997). This is done by using specific images, which resonate with the intended audience. For example, if there is an advertisement for a new Jeep, images of it going through all types of terrain will be shown, or alcoholic beverages are advertised at a party scene, all to make the audience want to buy the product (Messaris, 1997). As Chandler and Bignell suggest, signs and codes can be a medium itself, and described by Leiss (1990) â€Å"an ad is a mediator between creator and reader, standing at the confluence of the double symbolic process in the marketplace, where producers of goods try to attempt to construct one set of meanings, and where consumers use these meanings (along with meanings drawn from other sources) in the construction of their own lifestyles† (Leiss et al. , 1990). This is why semiotics is significant, even on a basic level, as it can show us how meanings have the ability to both construct and maintain particular social attitudes and ideals of a specific society. On a multifaceted level, the notion of intertextuality is intriguing and should be studied more widely as it exposes the many intricate ways in which contexts transfer from each other, showing how the contexts migrate from one another and portray the uncertainty of meaning. Appendix Ad 1. Ad 2. Bibliography Barthes, R. 1977, Image-Music-Text, London. Bignell, J. 1997, Media Semiotics: An Introduction, Manchester: Manchester University Press. Chandler, D (2001), â€Å"Semiotics, the basics†, Routledge. Culler, J. 1985, Saussure, London. Danesi, M. 2002, ‘An Outline of Semiotic Theory’, In Understanding Media Semiotics, London, pp 28-53. Dior, 2012, (‘Dior Advertisement’), Vogue Magazine, June 2012, pp. 1-2. Fiske, J. 1987, â€Å"Intertextuality† in Fiske, J, Television culture, Methuen Griffin, E. 2000, Communication; a first look at communication theory, McGraw-Hill. Hall, S, 1980, Encoding/decoding, In Centre for Contemporary Cultural Studies (Ed. ): Culture, Media, Language: Working Papers in Cultural Studies, London. Leiss, W. Kline, S. amp; Jhally S. , 1990, Social Communication in Advertising: Persons, Products and Images of Well-Being, 2nd Edn, London. Littlejohn, S. 1996, Theories of Human Communication, 5th Edn, Wadsworth. McRobbie, A. 1995, Feminism and Youth Culture, 2nd edition, Macmillan Press, London. Messaris, P. 1997, Visual Persuasion: The Role of Images in Advertis ing, Sage. Scott, M. 1994, ‘Images in Advertising: The need for a Theory of Visual Rhetoric, Journal of Consumer Research, vol. 21 No. 2, pp. 252-273. Scribd 2012, Scribd, Date Accessed 25 May 2012, http://www. scribd. om/doc/22099314/Semiotic-analysis-of-two-ads? amp;lang=en_usamp;output=jsonamp;session-id=74ea6fd65172766fface3eec2d5bfb14. Smagorinsky, P. 2001,’ If meaning is constructed, what is it made from? Toward a cultural theory of reading’, Review of Educational Research, vol. 71, pp. 133-169. Tom Ford, 2010, (‘Tome Ford Advertisement’), Men’s Health Magazine, March 2010, pp. 2. Thwaites, T. , Davis, L. amp; Mules, W. 2002, Introducing Cultural and Media Studies; a semiotic approach, New York. Williamson, J. 1978, Decoding Advertisements; Ideology and Meaning in Advertising, London. How to cite A Semiotic Approach on How Meaning Can Be Created in an Audience, Papers

Legal Aspects of International Marketing Trade and Enterprises

Question: Describe about the Legal Aspects of International Marketing Trade and Enterprises. Answer: 1. BHP Billiton is a multinational company which engages in mining and petroleum activities. Headquarter of BHP Billiton is in Melbourne. In 2011 it became the largest mining company in the world. The Strategy of BHP Billiton is to own upstream assets for the long term and with the maintenance of low cost (Australia Business Review, 2014). The Purpose of this company is to create its shareholders value by the discovery, acquisition, development and marketing of natural resources.oil, gases and energy coal. The Company is the largest producer in the world of iron ore, metallurgical coal, copper and uranium and also has interest in the oil, gases and energy coal. The Strategy of company is based on diversification: commodity, geography and market (BHP Billiton, n.d.). BHP Billiton is a company which is dual listed (DLC). It includes BHP Billiton Limited and BHP Billiton Plc. In 2001 this company was created from the merger of 2 companies that is BHP Limited which is now known as BHP Billiton Limited and Billiton Plc which is now known as BHP Billiton Plc. The Company operates in Metal Mining Industry: Australia is one of the largest producers of the world of mineral products. It is the largest sector with almost 700 companies which are involved in exploration of minerals. In this sector worlds largest companies are operating such as BHP Billiton Rio Tinto. This industry is depending on the equity markets for the capital they required. Since 2009 Investors in Australia support 270 new resource floats. There are various reasons for listing of companies engaged in Metals Mining are listed on ASX: for accessing the capital from capital market. In this market there is a wide range of institutional investors and retail investors. for providing opportunities to SMEs. it is a developed market in major mining regions in the world (ASX, n.d.). BHP Billiton provides many opportunities for career development. They seek people who have skills and provide an opportunity to work with their company. Following are the number of employees from 2012 to 2015 in Australia is (Statista, n.d.): YEAR NO. OF EMPLOYEES 2012 19305 2013 21977 2014 23048 2015 21428 Globally 80368 employees and contractors are working with BHP Billiton (BHP Billiton, n.d.) Location of global headquarter of BHP Billiton: Headquarters of BHP Billiton Limited and global headquarter of BHP Billiton Group are situated in Melbourne, Australia. Headquarters of BHP Billiton Plc is situated in London United Kingdom (BHP Billiton, n.d.). 2. Framework related to Royalty payable to State Government: there is brief tax information of Australia regarding mining activities. When company faces problems related to an economy at the time when mineral prices rise, that time government depends on mining companies for cover the shortfall of tax revenue. Let start the discussion with the brief knowledge of Royalty; Royalty is the amount payable by the mining company to the state government or territory from which company extracts the minerals. Rates of Royalty are not same, every state territory has its different rates. Many states imposed flat rate or rate which is profit related, but most states impose ad valorem Royalty and on an FOB basis (ICLG, 2015). Following are the facts on the tax rates of Australia: The CIT rate is 30% in Australia. There are two types of mineral taxes applicable in Australia: State royalty- state royalty is paid at state level. It is paid on the basis of the volume of minerals extracted. Rates applicable on different minerals are: Copper: 2.7%-3.5% Gold: 0%-2.5% Iron Ore: 6.5%-7.5% Coal: 7.0%-10% The Amount paid for royalty is deducted in the calculation of CIT. Minerals resource rent tax (MRRT): MRRT is paid on the federal level. It is paid on the basis of mining profit. It is apply to coal and iron ore (bulk commodity) in Australia from 1 July 2012. Rates applicable on different minerals are: Copper: N/A Gold: N/A Iron Ore: 22.5% Coal: 22.5% The Amount paid for MRRT is deducted in calculation of the CIT. Social contribution is necessary in Australia for mining companies (PWC, 2012). Annual report of 2015 of BHP Billiton shows the amount paid by the company to the government. In 2015 company paid globally US$7.3 billion by way of taxes, royalties and other payments to governments. Companys global effective tax rate was 31.8% which is higher than the income tax rate of OECD. Companys total contribution to the economy in 2015 was US$35.7 billion (BHP Billiton, n.d.). As per the annual report of 2015 company paid US$5245.0 to the Australian Government by way of taxes, royalties and other government payments (BHP Billiton, n.d.). There are some negative effects also of payment of royalty on the side of company, royalty impact very badly on the profits of companies which result that Australia becomes less attractive for companies engaged in mining activities. Chief executive Brendan Pearson said that Australia levy high tax on mining industry as compared to other countries and as per the analysis of MCA 47.1% profit of mining companies are paid in taxes and royalties in Australia. It also affects the investors of mining companies also because such high tax jurisdiction also affects the funds and profit of investors (Ingram, 2015). The Introduction of Mining Tax: presently mineral taxes such as royalty are paid by the company to the State Government Territory on the basis of the minerals extracted by the company from that state or territory. When minerals cost is high in world still royalty payment had not increased. 40% of profits are paid by the company in 2001 to the state government, but presently share of the profit paid by the company is less than 20%, which increases the need for new tax. The Mining tax is also known as the Resource Super Profit Tax i.e. RSPT (Mining tax facts, n.d.). 3. Before discussing the agreements, treaties and conventions related to products and services of BHP Billiton, first discuss the meaning and importance of treaties and agreements. An agreement under international law which is entered between sovereign states and international organizations are known as the treaty. It is also known as the international agreement between international parties, protocol, covenant exchange of letters. Usually treaties are compared to contracts because as contracts in treaties also parties have obligations and if parties failed in fulfilling their obligations, then parties are liable under international law. Following are the treaties which affect the goods and services of BHP Billiton: Japan Australia Economic Partnership Agreement (JAEPA): The Partnership of Japan and Australia is most important for both the countries in respect of economic and strategic interest. Australia is a bigger supplier of Japan for minerals and energy and of food products also. In 2014-15 Australia was Japans 2nd largest trading partner and also Japan was the 2nd largest importer of Australia. Japan was also 2nd largest direct foreign investor in Australia. They strengthened their relationship by entering into an agreement known as Japan Australia Economic Partnership Agreement (JAEPA) which was forced in 2015, January (Australian Government: Department of foreign Affairs and Trade, n.d.). Provisions and conclusions of this agreement are announced on 7th April 2014 in Tokyo by Prime Minister Tony Abbott and Shinzo Abe. In Canberra prime ministers of both the countries signed the agreement on 8th July 2014. JAEPA is very liberalizing agreement conducted by Japan. Both the countries are natural partners. This agreement provides Japan an opportunity from export natural resources from Australia (Australian Government: Department of foreign Affairs and Trade, n.d.). JAEPA affects the exporting of our company. Iron ore can be supplied by the company to Japan as per this agreement. This agreement gives economic benefit to BHP Billiton because of increment in trade of goods of high quality. Australia-India Joint Free Trade Agreement (FTA): There is viding growth in the relationship of India and Australia in recent years. In last five years, trade of goods and services is increased annually by 24% in 2008-2009 to US$16 billion. For building more strong relationship both the countries work on FTA in 2008. This agreement covers trade in all goods. This agreement removes restrictions in foreign investments. It also works on increasing transparency and gives strength to the mechanism of investment protection. This agreement helps both the governments in the growth of their economy. Following are the elements of terms of agreement: Benefits arrived by both the governments through FTA. To enhance the accusation of goods, services and investments through FTA and also solve issues related to intellectual property, sanitary and phytosanitary issues. For the expansion of trade in goods through liberalization. For the expansion of services in various sectors including labor, mutual arrangements, etc.. Create a favorable environment in both the countries for investment purpose. In Australia, FTA is a comprehensive agreement but in India FTA covers only goods (Australian Government: Department of Foreign Affairs and Trade, n.d.). AMEC Convention 2016: This convention was held in Crown Perth from 8-9 June. The aim of this convention was to instigate the issues faced by companies and organizations engaged in mining activities in Australia. This convention was organized by the AMEC (Association of Mining and Exploration Companies). AMEC is the body in Australia for the mining industry. AMEC is the nonprofit organization and works for the benefit of the mining industry. AMEC bring together presenters of this industry from all over the world and speakers from all the levels of government (AMEC, 2016). Australia and the Antarctic Treaty System: A set of the agreement governed the activities in Antarctica and near seas between many nations and that set of the agreement known as Antarctic Treaty system. It consists four agreements: 1959 Antarctic Treaty 1972 Convention for the Conservation of Antarctic Seals 1980 Convention on the Conservation of Antarctic Marine Living Resources 1991 Protocol on Environmental Protection to the Antarctic Treaty These agreements are legally binding on three aspects that are political, geographical environmental. These obligations are applicable to all the companies which signed this agreement. Australia is also the party of this agreement. This treaty has following principles: Freedom of scientific investigation and the exchange of scientific findings Non-militarisation of Antarctica and the southern ocean (Australian Government: Department of Foreign Affairs and Trade, n.d.). These treaties ahs direct effect on the mining and metal industry because these treaties cover the goods and services which are provided by the BHP Billiton. References: AMEC, (2016). AMEC Convention 2016. Retrieved on 30th August from: https://www.amec.org.au/events/amec-convention-2016. ASX. Metals Mining Sector Profile. Retrieved on 30th August from: https://www.asx.com.au/documents/products/asx-metals-and-mining-sector-profile.PDF. Australia business review, (2014). Australia's Largest Companies 2014. Retrieved on 30th August from: https://www.businessreviewaustralia.com/top10/1196/Australia's-Largest-Companies-2014. Australian Government: Department of foreign Affairs and Trade. Australian Antarctic Division: Leading Australias Antarctic Program. Retrieved on 30th August from: https://www.antarctica.gov.au/law-and-treaty. Australian Government: Department of foreign Affairs and Trade. Japan. Retrieved on 30th August from: https://dfat.gov.au/geo/japan/pages/japan-country-brief.aspx. Australian Government: Department of foreign Affairs and Trade. Japan Australia Economic Partnership Agreement. Retrieved on 30th August from: https://dfat.gov.au/trade/agreements/jaepa/Pages/japan-australia-economic-partnership-agreement.aspx. Australian Government: Department of foreign Affairs and Trade.Australia-India Comprehensive Economic Cooperation Agreement. Retrieved on 30th August from: https://dfat.gov.au/trade/agreements/aifta/pages/australia-india-joint-free-trade-agreement-fta-feasibility-study.aspx. BHP Billiton. Economic contribution and payments to governments Report 2015. Retrieved on 30th August from: https://www.bhpbilliton.com/investors/annualreporting2015/tax-and-transparency. BHP Billiton. Economic contribution and payments to governments Report 2015. Retrieved on 30th August from: https://www.bhpbilliton.com/~/media/bhp/documents/investors/annual-reports/2015/bhpbillitoneconomiccontributionandpaymentstogovernments2015.pdf#page=7?utm_source=TTApproachutm_medium=Wutm_campaign=AR15la=en. BHP Billiton. Our Company. Retrieved on 30th August from: https://www.bhpbilliton.com/aboutus/ourcompany. BHP Billiton. Our Structure. Retrieved on 30th August from: https://www.bhpbilliton.com/aboutus/ourcompany/ourstructure. BHP Billiton. People Careers. Retrieved on 30th August from: https://www.bhpbilliton.com/people. ICLG, (2015). Mining Law 2016. Retrieved on 30th August from: https://www.iclg.co.uk/practice-areas/mining-law/mining-law-2016/australia#chaptercontent13. Ingram, T. (2015). WA no longer world's best place for miners, hammered by royalties and taxes. The Sydney Morning Herland. Retrieved on 30th August from: https://www.smh.com.au/business/mining-and-resources/wa-no-longer-worlds-best-place-for-miners-hammered-by-royalties-and-taxes-20150303-13tkrz.html. Mining-Tax. Mining Tax facts. Retrieved on 30th August from: https://www.mining-tax.com.au/. PWC, (2012). Corporate income taxes, mining royalties and other mining taxes, A summary of rates and rules in selected countries. Retrieved on 30th August from: https://www.pwc.com/gx/en/energy-utilities-mining/publications/pdf/pwc-gx-miining-taxes-and-royalties.pdf. Statista. Number of employees at BHP Billiton from 2012 to 2015, by region. Retrieved on 30th August from: https://www.statista.com/statistics/274234/number-of-employees-at-bhp-billiton-by-region/.

Bright and Dark Side of the Romance of Leadership

Question: Critically evaluate the bright and dark side of the romance of leadership? Answer: Arnold Henry Glasgow explained that people often think that credit and earning recognition matters. But its not about the credit or the earning it is mostly about taking the blame and sharing the credit. It is a leader who leads his group or team, so he is responsible for all the actions and reactions of his team. Both the input and output of any operation is decided by a leader, one wrong decision and that leads to a low productivity. Low productivity or getting lower than the expected is considered as a failure. Its not about blaming but to rectify, to comprehend what has gone wrong with the Endeavour a leader takes the initiative to find out. On that very step the leader finds out what has been wrong, the procedure, the people or the product itself. A leader leads; he is being followed by his subordinates. Thus a leader has to be careful in every step, because he is being trusted and blindly followed by his group men. (Northouse, 2004). There starts the impending journey of leadership. This is where the Romanticism of leadership is experienced. The quality approach on leadership which attempts to comprehend when and why we become familiar with the leaders is known as Romance of leadership. It deals with appreciating the leaders for influencing and changing our societies. Leadership has both optimistic and pessimistic outcomes in an organization. If an individual is considered to be a successful leader then his or her personal difficulties and poor organizational performance may be ignored for a certain period. This defines the Romance of Leadership and criticizes the approach of bright and dark side of romance of leadership (sage publications, Inc, 2012). The Romance of Leadership was introduced as one of the overtly follower centric approach to balance many leader centric approaches that dominated leadership research and practices. The Romance of Leadership approach helps to highlight the esteem, stature, magnetism, and heroism attached to diverse forms of leadership. Leadership is a preferential illustrative class for understanding political, organizational, military, social and regional outcomes. Meindl theorist in Leadership found out that a heroic conception of what leaders and their leadership is virtually a concept that will remain beyond grasp of the best scientific outcomes, particularly since the initial purpose of scientific research is to technically resolve the mysteries (Bligh, Kohles and Pillai, 2011). Social inference is what leadership means. Construing leadership as an explanatory category, Calder and Pfeffer treated leadership as one of the ways in which people understand the causes of important organizational event s and outcomes. In this perspective, leadership events like successions appears to be largely symbolic, spreading a sense of comprehending and manage over critical problems that require explanation and demonstration and receptive action. In procedure of socially construing organizational situations, the romance of Leadership conflicts that the notion of leadership is raised unprovoked status and significance. So far, the discussion has always been about what good qualities a leader should possess and the fantasies of leadership. There also exist the dark sides of leadership. Researchers also provided their overview on Destructive leadership. (Meindl and Ehrlich, 1987). By focusing hugely on characteristics of the leader, they stated that leaders are responsible for harmful outcomes in organization. Many conducted surveys suggested that aversive leadership and destructive leadership more broadly is a complex process resulting from the confluence of leaders, followers, and the environ ment of the organization. Destructive leadership includes a wide array of labels describing various forms of harmful leader behavior. Tepper defined abusive supervision as the degree to which superintendents engage in the continual display of hostile oral and non verbal reactions, not including physical contact. To this context another concept coined as leader bullying was explained by Buckley and Harvey as deliberately chosen diplomacy of influencing by leaders intended to portray a specific image and place goals in a compliant, ineffective position goals. (Thoroughgood, Hunter and Sawyer, 2010) With the recognition of dark side of leadership as a significant branch of research, many researchers have sought to discuss caustic brands of leadership in terms of negative life ideas and dispositional traits such as narcissism. Narcissism is a psychological perception of being in the pursuit of gratification of vanity or egoistic. This is in general considered as a negative trait, but now a days modern concept says narcissism may be considered as a positive trait to a certain level. Professor Dr. Emily Grijalva (from University of Illinois psychology) found that narcissists have a gaudy sense of their own self-importance and an embellished need for others respect. She also explained that generally narcissist can be anxious with belief and fantasies of their massive power, attractiveness, intelligence and success. Through her research she found that although narcissist are more expected to appear as group leaders but after a certain point it is possible to undermine a persons effic iency being a leader. (PhD, 2015) In a research presented by Professor Mark Stein, it has been found that a self centered leader can actually possess two kinds of narcissist behavior those whose poise results to benefit the organization, and those whose egotism is actually disparaging. The research states that those with firm tendencies of narcissism are often drawn to leadership profile, out of a need for positions and power. Interestingly this trait can be both favorable and destructive for an organization (ScienceDaily, 2015). Although psychologists have immense awareness about leadership, people who make resolutions about genuine leaders seems largely to disregard their accumulated perception. Leadership is persuasion and not dominance; people who can entail others to do obeying because of their powers, are not leaders. Leadership is not a mandate acquisition of the authority; it approaches when others keenly adopt, for a certain period of time, the goals of a group as their own. So leadership is all about problem solving, organizing, clarifying, informing, monitoring, networking, team building and rewarding that is expected from the first line of leaders. (Hogan, Curphy and Hogan, 1994). References Bligh, M., Kohles, J. and Pillai, R. (2011). Romancing leadership: Past, present, and future.The Leadership Quarterly, 22(6), pp.1058-1077. Hogan, R., Curphy, G. and Hogan, J. (1994). What we know about leadership: Effectiveness and personality.American Psychologist, 49(6), pp.493-504. Meindl, J. and Ehrlich, S. (1987). THE ROMANCE OF LEADERSHIP AND THE EVALUATION OF ORGANIZATIONAL PERFORMANCE.Academy of Management Journal, 30(1), pp.91-109. Northouse, P. (2004).Leadership. Thousand Oaks, Calif.: Sage. PhD, R. (2015).Is Narcissism an Essential Leadership Trait?. [online] Psych Central.com. Available at: https://psychcentral.com/news/2014/01/16/is-narcissism-an-essential-leadership-trait/64585.html [Accessed 10 Feb. 2015]. sage publications, Inc, (2012).Sage reference. [online] https://www.sagepub.com/. Available at: https://www.sagepub.com/northouse6e/study/materials/reference/reference9.2.pdf [Accessed 10 Feb. 2015]. ScienceDaily, (2015).When good leaders turn bad: the dual face of narcissistic leadership. [online] Available at: https://www.sciencedaily.com/releases/2014/05/140528103314.htm [Accessed 10 Feb. 2015]. Thoroughgood, C., Hunter, S. and Sawyer, K. (2010). Bad Apples, Bad Barrels, and Broken Followers? An Empirical Examination of Contextual Influences on Follower Perceptions and Reactions to Aversive Leadership.Journal of Business Ethics, 100(4), pp.647-672.