Performance Evaluation of Nonprofit Boards


The purpose of any organisation is derived from the intentions of the owners. However, the task of providing a definition of what a nonprofit or governmental organisation desires is a rather multifaceted endeavour in comparison to providing a definition for the intended monetary value for the equity corporation. As opposed to nonprofit or governmental organisation, it is imperative for an equity corporation to adequately manage the market even though its board is not compelled to speak for the market in the extent that nonprofit and governmental boards must. Even boards that have been emancipated from the  market surrogate  burden have expressed the massive challenges of governing. Governing boards have been far from being vehicles of emblematic efficiency even in the best of circumstances (Herman  Til, 1989). Regardless of the legal position they occupy, a shared characteristic of the current boards is their failure to function. The boards  decline appears to be a universal phenomenon. To some extent, the boards have failed to protect the interests of those whom they represent. This is evidenced by the various cases of corporate scandals that dogged Enron, Adelphia, Tyco, and WorldCom (Sonnenfeld, 2002). The events are a clear indication that a great percentage of boards are not completely performing what they are legally, morally, and ethically mandated to do.

It is ironic that this critical area has largely been abandoned. While other realms of management function has been critically assessed and exhaustively analysed, the board s responsibility and how it varies from management has largely been neglected. The available literature on the subject is brief and evidently lacks any actual depth of new ideas. It is worrying that the board s job when seen against the backdrop of its intrinsic importance has not been exhaustively studied. As a result, the job of the board has neither benefited from the wider exchange of practical experience nor the depth of study that has been witnessed in other corporate activities.

Despite years of improvement, much change has not been realised. Boards have largely been seen to be irrelevant. The reality is that boards are in most cases self-perpetuating, being more interested in the maintenance of power rather than responding to the wishes of the shareholders. A large percentage of boards are mainly involved with overlooking rather than overseeing. Even though possessing ultimate organisational power, there is little study and development of the governing board. The irony is that there is inadequate job design for leadership where the opportunity is greatest. The increased attention to the codes of governance within the corporate world that started in the final decade of the twentieth century serves to indict the existing governance practice and thought. It is against this backdrop of governing boards in general that I wish to handle the boards of nonprofit organisations and propose how their performance can be improved amid the stated concerns. It is no surprise that such boards experience difficulty since their flaws include those found in profit boards together with those that are distinctively a consequence of their artificial market situation and a complex delineation of purpose. It is not surprising that the governance of nonprofit enterprises presents a wide array of flaws if the governance of the more rational, modern business corporations is not without blemishes.

The majority of board defects that appear to be cosmetic blemishes are suggestive of more basic flaws. In numerous instances, they are indications of a problem. The main concern is that the boards are given the wrong job. It is just as important to attack the superficial flaws as invoking the usual admonitions of sticking to policy, letting the chief executive to manage and to avoid rubber-stamping. However, it is more instructive to establish a healthier framework of governance concepts. An effective framing of governance challenge can transcend the mere elimination of common problems and offer an earning in which the boards become strategic leaders (Useem, 2006).

Various recommendations have been advanced for ailing board practices even though they have fallen short of yielding positive results despite being quite rational (see Sonnenfeld 2002 Prybil et al., 2008 Orlikoff  Totten, 2009). In most cases, they have cleared some of the jumble and the most outstanding inefficiencies in board operation. However, since most of these literatures were not founded in complete conceptual model, the recommendations have in most cases been gradual, anecdotal wisdom. Most of them are structural in nature (Sonnenfeld, 2002). In order to coherently apply wisdom, there is a need to tailor a paradigm to the special conditions of governance.

Against the backdrop of these issues, I have construed various principles in order to address the unique circumstances of governing boards. Their adaptation transcends a mere collection of relevant suggestions it is basically a reorganised governance paradigm. Governance as largely practised is a mishmash of historical accidents and uncoordinated elements formulated by intelligent minds. However, it is gravely flawed having not emanated from a coherent sense of entirety.

Based on the above, the following recommendations may be useful in improving the effectiveness and performance of board.

The need for a governance framework that captures and supports vision in the basic position. There is a tendency of administrative systems to result in great attention being focused on particulars. While this may be commendable, it can dominate the broader scope of purpose. In this regard, there is need to systematically encourage broader thinking and to dream.

The governing board being the guardian of organizational values must explicitly address these basic values. As such, it must adapt a framework that ensures that it focuses on values.

There is also a need to force an external focus. Since organisations seem to be internally focused, there is a need to adopt a governance model that guarantees external responsiveness. Therefore, instead of being concerned with internal matters of organisational mechanics, the board will be more focused on needs.

The board must advance an organising system that is driven by outcome. The decisions and functions of the organisation must be thoroughly tested against the standard of purpose. This will ensure that the board establishes a mission in terms of outcome and enforce it as the central organising focus.
The board must also separate large matters from small ones. There is a general consensus among board members that weighty matters deserve to be given priority. However, there is no consensus on how to identify a large item. In this regard, it is of utmost importance to adopt a model that may aid in differentiating the size of issues.

Since strategic leadership calls for long-term viewpoint, it is imperative for the board to adopt a scheme that furthers forward thinking. This should enable the board to push much of its thinking into the future.

Boards should lead as opposed to reacting to issues. As such, there is need to facilitate pro-activity in order to enable boards to move away from presiding over momentum. This will ensure that that the board is more involved with creating rather than in approving.

The richness and diversity in the composition and opinion of the board should also be optimised while at the same time assimilating the variety into a single voice. However, the challenge presented by the inclusion of various populations on nonprofit boards is acknowledged. The ideal of demographic diversity in the board is widely endorsed by nonprofit organizations.

There is need for a description of how the board relates with the relevant constituencies. Boards are usually trustees in either moral or political sense and are to some extent accountable to staff, neighbours, and consumers.

It is also important to determine the kind of information that is needed. In this regard, it is critical to make precise distinctions concerning the nature of information that is required to govern. Nonprofit board members are entirely dependent on the chief executive on the information about the organization. Therefore, it is important to determine the type, quantity, and forms of information that the board should have. It has been found that nonprofit executives have adopted a strategy of sending highly detailed reports and background papers to the board. Since the majority of board members do not have the time and the disposition to read all the materials, they are likely to approve courses of action without actual consideration of the information that is relevant to the course of action.

All these points suggest the importance of serious examination of the structure, fundamental practices and composition of the board as a key to improving its effectiveness and performance. Other studies have also supported these recommendations (Prybil et al., 2008).

Global Terrorism Affecting Governments

The paper explains how global terrorism has affected local, state, and federal law enforcement agencies and the necessary recommendations to improve these global challenges. The paper also suggests certain key issues related to provide adequate protection to the U.S. residents as well as measures to improve law enforcement agencies preparedness on a much larger scale.

GLOBAL TERRORISM AFFECTING SECURITY

Terrorism and its Implications
By the end of the Cold War, the nature of foreign threats to U.S. security had considerably changed.  What Americans worry about now is not a greater and significant military offensive from abroad, but rather more insidious assaults which may strike much closer to our environs and localities and thereby threatening lives and property and in addition, creating a climate of fear. It was with disbelief and shock that around the world, people saw the news footage of the events on September 11, 2001 of the planes-turned-missiles that saw the collapse of the World Trade Center towers and damage of the Pentagon. The 2001 attacks on the World Trade Centre and the Pentagon had far reaching implications and proved that terrorists acts were no longer the only threat that Americans faced from abroad.

After the 911 attacks, the U.S Department of Homeland Security (DHS) was created which provides tuition free and low-cost training to many law enforcement agencies. Programs are conducted regularly at selected sites throughout the country and are usually hosted by a local law enforcement agency in the area. Agencies have bolstered their preparedness levels considerably after the greater threat of global terrorism throughout the country, although variation does exist in the approach to preparedness. Prior to 911, only a few law enforcement agencies were involved with counter-terrorism operation, whereas today, the number has risen manifolds of agencies dealing with terrorist related hoaxes (primarily anthrax related). Large steps were thus taken such as increasing the number of personnel engaged in emergency response and chemical, biological and radiological attacks. Resources were re-allocated to focus on terrorism preparedness and much greater support was provided to improve communications interoperability as well as the training on the incident command system. Certain law enforcement agencies that perceived the risk of increased terrorist attacks were more likely to undertake the necessary steps to improve their level of preparedness.

To counter such challenges, it is important to reduce the differences between the levels of preparedness approach from one law enforcement agencies to the other. Support needs to be provided to fully train all law enforcement agencies to their maximum potential so that their approach to counter-terrorism does not vary and is at par with the best available service in the country. There is a need to integrate law enforcement assets at all levels of the government and they should also integrate terrorism prevention responsibilities into the criminal justice system at large. The progress of the counter-terrorism programs must be gauged continuously for necessary feedback and to cater for room for improvement. By establishing a principal point of oversight and review, the Homeland Security would definitely benefit in providing adequate protection to our nation in general (Hoffman, 1998).

Organizational Effectiveness

According to the US Department of Labor, Americas labor force will grow to 162 million persons by 2014. From this pool, the youth labor force aged 16 to 24 and the primary working group aged 25 to 54 will decline however, workers 55 years and older will increase from 15.6 to 21.2 percent of the entire labor force by 2014. By then, the percent change in total employment by major occupational group will be led by professional and related positions, followed by service then management, business, and financial occupations (US Department of Labor, 2006).

Despite the current global recession, the USA is experiencing a long-term shortfall of approximately 10 million workers qualified to do the jobs truly required to sustain an advanced economy that must develop into an even more technology-based nation to remain competitive in the global marketplace. Moreover, these numbers do not take into account the changing nature of future positions requiring skill sets that are often in short supply in the US workforce today (Herman, Olivio, Gioia, 2003).

Clearly, the older Knowledge Worker, as coined by the late Dr. Peter Drucker of Claremont University in California, will become increasingly important in the USA and other economically advanced nations such as those in the European Union (Drucker, 2002). Therefore, American organizational effectiveness will suffer if US firms do not attract, retainand constantly trainthe countrys older Knowledge Workers because of their work and life experiences which cannot easily be matched by the younger workforce, even through formal education. Eliminating, or at least minimizing, the standard Human Resource Department practice of using cookie-cutter principles with regards to resumes and hiring practices will become increasingly necessary to conform to the changing demands of contemporary globalism (Ohmae, 2005).

LITERATURE REVIEW

The United States Foreign policy is that policy by which the nation interacts with foreign countries and guides its relationships and activities with these nations (WWSPIA, 2003).  Foreign policy development is determined by behavior or policies of other countries, plans to advance certain geopolitical designs or domestic considerations (Felton, 2002).  Since it broke free from British colonial control and after becoming an independent country, the US has continually practiced a wide variety of foreign policies.  It focuses its relations with other nations through its citizens wants and needs (WWSPIA, 2003). 

Majority of local and state governments have always had the interest of serving as well as protecting local needs and they do so by lobbying the federal government as concerns certain foreign policy issues (Leffer  Legro, 2008).  Local and state governments assist the countrys economy by promoting international trade, regulating their own relationships with other nations and express opinions as concerns foreign affairs (Felton, 2002).  The United States foreign policy affects almost every aspect of its citizens lives including taxes, jobs and prices.  Few Americans realize that their nations actions have a direct or indirect impact on other nations around the globe (Pillar, 2001).  At its best, the nation is able to bring light and hope to the neediest individuals around the world but at its worst, it is also capable of breeding fear, bringing fear and in the end unleashing the wrath of people who conclude that Americans are a apart of the same tyranny against which they have fought (Berstein, 2003).

LITERATURE REVIEW
Policy Bried Woodrow Wilson School of Public and International Affairs sept. 2003 Public Opinion on Foreign Policyu the multilateral puvl that perceives itself as unilateral

In this article, the author talks about the US foreign policy and public opinion as concerns multilateral regimes.  US Foreign policy seems to have taken the unilateral direction since the Bush administration exhibited a deep skepticism of multilateralism (WWSPIA, 2003).  Even though unilateralism is not new in the US Foreign Policy, Americans have shown their willingness to  ignore allies, reject treaties as well as use military force on its own (Ibid, 2003).  This new move has destabilized global politics since American appears to have emerged as an unprecedented and unrivaled world superpower, looming over the rest of the world (WWSPIA, 2003).

The Bush administration adopted a foreign policy whose differences with the previous doctrines are circumstances in which the administration has been forced to operate, both internationally and locally (Ibid, 2003).

The New York Times Richarc Berstein Sept. 11, 2003 foreign views of US darken since 0911
The author in this article features opinions from around the globe as concerns the attitude towards America and their foreign policy after the 911 attacks (Berstein, 2003).  Majority of individuals from across the globe sympathized with Americans during that particular time but their attitude has since changed.  This is because their perception of the United States is that of acting like an authoritative person taking over everyone else (Ibid, 2003).  With the Bush administration, the US foreign policy did not consider the interests of its citizens or those of others in other nations.  Foreign policy experts site that this negative attitude concerning the US foreign policy during the Bush administration was heightened by the fact that the United States declared war on Iraq, triggering counteralliance of Germany and France (Berstein, 2003).

The author goes on to indicate that even amongst college and high school students, it is not uncommon to hear denunciations as concerns the US Foreign Policy as well as sharp questioning of the American motives (Berstein, 2003).  The Bush administration failed to convince large proportions of the American public as well as the rest of the world, his justifications for declaring war on Iraq. While the rest of the world remained skeptical concerning the belief that there existed a connection between the Al Qaeda terrorist group and Saddam Hussein the United States believed otherwise (Ibid, 2003).  The author goes ahead to explain that for the majority of individuals, the issue did not lie with the United States but with the Bush administration and what was perceived as arrogance (Berstein, 2003).

The Chicago Council on Global Affairs World Public rejects US role as the world leader
The article discusses findings from surveys conducted revealing that majority of individuals in the United States as well as the rest of the world are not for the idea of the US continuous role as pre-eminent world leader (Leffer  Legro, 2008).  In addition, American citizen tend to agree with the rest of the world in that the US should make an effort to play a more co-operative role as compared to its current one.  However, despite the negative attitude concerning the US Foreign Policy, majority of individuals across the globe do not prefer the US disengaging from international affairs but prefer it rather participates in a more multilateral and co-operative fashion (Leffer  Legro, 2008).
Terrorism and U.S. Foreign Policy by Paul, R. P.

In this article, the author questions the United States foreign policy principle of making no deals with terrorists and what Americans and the rest of the world think concerning the issue.  He also touches on the factors affecting the willingness of international governments to assist the US in counterterrorism. The article goes ahead to identify necessary elements needed for the counterterrorism policy, examining why the US is considered prime terrorist target (Pillar, 2001).  In addition, the author addresses ways that the publics view towards terrorism can limit counterterrorist policy.  Recommendations on how to amend the US foreign policy are also given in the article.
Global Connections Americas Role in the 21st Century by John, F.

Felton, who is the author of this article, discusses the role of the United States and the publics opinion as concerns its position in the globe as a superpower.  However, it is argued that it will soon have a future global competitor that will be in a position to influence how the world will be shaped in the course of the 21st Century, the competitor being China (Felton, 2002).  The economic growth in china has in the recent past rapidly risen to a point where majority of Chinese have been pulled out of poverty status and can now afford comfortable living.  The author also touches on the 911 terrorist attacks and how the existing US Foreign Policy is considered a fundamental departure from the traditional liberal realism that has been used to guide the United States in the course of the 20th Century (Ibid, 2002).

From the above-mentioned articles, it can be observed that they have a common theme, which is terrorism (Felton, 2002).  The common theme is also, what makes them similar in that each author discusses what American public as well as the people around the world think concerning the US Foreign policy on terrorism.  Despite having sympathy towards what happened during the terrorist attack on 911, the rest of the world remains skeptical about the actions the US government is taking to ensure that its citizens and the rest of the world are protected (Berstein, 2003).  On the other hand, these articles are somehow different for instance, while two of the articles discuss terrorism and the implementation of the foreign policy towards fighting terrorism. The rest discuss mainly about how the rest of the world is not comfortable with having the United States as a superpower, capable of stepping over the rest of the world (Leffer  Legro, 2008).

Each author in their article has selected a number of variables, which include dependent variable, independent variables and control variables.  For instance, the author in the article Public opinion on Foreign Policy. has made unilateralism and multilateralism the independent variables on which the US Foreign policy is dependent upon, making it a dependent variable (Pillar, 2001).  The author in the article Foreign views of US darken since 0911 has taken the US foreign policy to be the independent variable.  American publics as well as international perceptions as concerns the foreign policy is the dependent variable since it is influenced by what is included in the foreign policy (Berstein, 2003).  In the article World public rejects US as the world leader, the author has considered the position of the United States as a superpower a dependent variable since it relies on the publics attitude towards its current position to remain as it is.  Therefore, positive or negative public attitude is the independent variable in this article.

Terrorism and the US foreign policy by Paul is an article that has made counterterrorism policy dependent upon certain elements that are to dictate how it is to be implemented.  In this case, the elements are the independent variable while the foreign policy is the dependent variable.  In the final article, Global Connections.. by John Felton, the author has in this case also made the US foreign policy and current position as a superpower to be the dependent variable (Leffer  Legro, 2008).  The American citizens and international publics perception as to the situation are the independent variables which dictate the foreign policy and United States stand as a global superpower.

CONCLUSION
Personal attitudes are the determinants as to whether specific foreign policies will be supported or not.  The federal government should therefore ensure that the public is educated as to what entails foreign policies and how they, together with international communities, would benefit from its implementation.

International Business

The case study under discussion is related to the expansion of an already running business to a new location keeping in view the different variables involved with the success or failure of such an expansion. Changing the scope of a local business to that of an international arena requires many deliberations which will be discussed in the preceding paragraphs.

Target Country for the Expansion in Europe
Foreign relations of South Korea and European Union (EU) are boosting due to common interests of both parties. Both regions are negotiating on Free Trade Agreement and upholding of the 2001 Framework Agreement for Trade and Cooperation (European Commission External Relations).

Keeping these facts in view, any country would be ideal for expansion in Europe since both regions are making efforts to boost their trades. However, for the case study under discussion, the target country of preference would be France because the business in Korea is related to fashion design and accessories and France is the home to fashion designing thus having a greater chance of positive response from the people.

Sequence of the Process
The sequence of the process would begin by the launch of a single product in the target country instead of the whole range of products. This will not only reduce expenses but would also give an idea as to how the people of that country respond to the new products. Overtime, new products can be added to the offerings in France depending on the situation.

Market Potential in France
Market potential in France related to fashion industry in very encouraging since all the leading brands related to fashion have their origins in France. Local populace is conscious of the new trends and has a great appeal towards new innovations in the industry. A new brand will always be welcomed in the country to offer a greater challenge to the established players.

Choice of Country
France has been given preference over all other countries in Europe because of the sole reason that it has potential and appeal for fashion industry and people accept new trends more easily as compare to people residing in other countries. Countries in EU consider France as a leader in fashion designing and thus any product which is successful in this country had bright chances to be accepted in other countries too.

Target Population
The target population would be primarily women with an age bracket between 25 to 45 years, particularly those who are working and have extensive travelling abroad. This is due to the fact that the products had a wide appeal to women in Korea and thus the company has an in hand experience of dealing women of this age bracket.

Brand Name
Chosun should remain the brand name of the products to be launched in France. Firstly, it is a new name and secondly it has already experienced success under its belt in Korea. Moreover, this will also help in the marketing as of having a global or international image.

Political or Legal barriers
No political or legal barriers as such exist. As iterated above, both the regions are making efforts to have close relations which will boost trade and cooperation as evident by the trade agreements between the two countries. Moreover, France and South Korea are also working together in international organizations such as UNO, OECD and UNESCO etc.

Cultural issues
France is a country having a vast appeal for fashion designing and fashion is not something that can be limited to a particular culture. Moreover, after the formation of EU, varied cultures and socio economic factors have amalgamated thus nullifying the issues related to a particular culture. The only problem with this scenario would be the language since Koreans value their language highly just like the French people value their language. Thus learning the language would be major challenge for the company.

Economic Climate of France
The country is one of the growing economies of the world with major share related to fashion designing. All major brands have their shows and exhibitions on regular basis. However, due the recent economic downturn, every industry has been affected negatively. This said, this is the perfect time to establish a new player in the market with the international markets and economic conditions begin their recovery.

100 Korean Equity
Businesses have a brighter prospect of success if they bring something new and unique as compared to what already available in the market. Local joint venture would surely bring this aspect as the uniqueness associated with the Korean products and styles would be compromised. Moreover, shop with 100 Korean equity would have minimum competitors thus increasing the ratio of capturing market.

Conclusion
To conclude, the company has a bright chance of success in the market of France which would further aid in her expansion to other countries of Europe too. Facing new challenges and grasping the opportunities is essential to develop this business idea into a reality.

Trying Terrorists in the Courts

A Rhetorical Analysis
Michael B. Mukasey in his article  Civilian Courts Are No Place to Try Terrorists  lays out a rhetorical claim that terrorists should not be tried in United States civilian courts with an appeal to emotion and less of an appeal to logic.  The byline of the article catches the eye of the reader with an emotional flashback to the attacks of 911 and the impact on American lives.  As a former Attorney General, Mukasey does present himself as an authority on court procedure, however his logic is flawed in that he is biased and demonstrates a bias throughout the article.  This logical fallacy through his use of argument of authority is more obvious than his fallacy of false cause, also referred to as a non sequitur.  What Mukasey tries to argue is that if terrorists are tried in the United States then this would be an attractive venue for terrorists to target, but this does not follow any form of logic.  The argument and the claim should be about the legality and morality of the trials and not about any emotional appeals, bias through an argument of authority, or a non sequitur argument that these civilian trials will lead to more attacks.  Looking at a more balanced argument from Andrew P. Napolitano in  The Case Against Military Tribunals  is helpful to look at to see the pros and cons of this issue, as well as balancing Mukasey s article to help form an own opinion.

In Mukasey s byline, he opens the article with his appeal to emotion, saying,  we tried the first World Trade Center bombers in civilian courts. In return we got 911 and the murder of nearly 3,000 innocents  (October 19, 2009).  This is both an appeal to emotion and a non sequitur fallacy, as trying the first bombers in a civilian court did not cause the 911 attacks.  In addition this statement seems to imply that the first bombers were not in fact terrorists and that this civilian court proceeding against this first group actually created terrorists.  Mukasey continues his emotional appeal, after his reminder of the lives lost during the 911 attacks to incite fear into his audience from his angle of an authority.  Although his former post as an Attorney General does not make him an expert on terrorism, international relations, or the way that military tribunals are conducted.

Mukasey does make the point that protecting judges, jurors, and others will be an issue with civilian proceedings, however this is the case with other trials as well that have nothing to do with terrorism.  Trying white collar criminals or individuals in a mafia or gangs would pose similar dangers.  This is the nature of the courts and as an authority, Mukasey should acknowledge this.  He says,  moreover, there is every reason to believe that the places of both trial and confinement for such defendants would become attractive targets for others intent on creating mayhem (October 19, 2009).  The use of the word  mayhem  evokes emotional and, therefore is an emotional appeal.  His idea that other terrorists might create casualties in the local population is unfounded and part of his ad sequitur fallacy.  This simply does not follow and is pure speculation on the part of the writer.

Though this is an op-ed piece, there are still reasons to hope that Mukasey would stand on the ground of logic and not the other fallacies he relies upon.  After he speaks of the inherent danger of the local populace in these civilian trials, he also admits that some of the  mayhem  as he calls it might be from lawyers insisting on adhering to the Constitution of the United States.  It seems strange that this supposed authority would not consider the legal issues surrounding the trial, however using law and logic does not seem to be a big part of this piece.  Mukasey does make a strong point however, about the cons of civilian courts and that has to do with the disclosure of evidence.  He points out that while the courts must disclose all evidence against a suspected terrorist, they will be also naming co-conspirators that may have not been apprehended.  This is explained by the author to be helpful to a terrorist organization, because at that point this group will know what the prosecution knows and be forewarned.  However, as stated before this is a similar conundrum when prosecuting other networks of criminals and, therefore, is strictly an issue with the procedures of the court.  It does not follow that terrorists should not be given a civilian trial, simply due to the nature of the process of discovery and disclosure.

Andrew P. Napolitano in his article  The Case Against Military Tribunals , does tie in the Constitution of the United States of America with this debate.  This is a good source for an individual to balance Mukasey s view, which is essentially flawed but interesting to ponder.  As far as a rhetorical analysis is concerned, it is not uncommon for writers like Mukasey to inject emotion into their pieces, but it is inherently dangerous for an audience to accept his argument of authority and his non sequitur arguments to be fact.  For any audience to form an opinion, a variety of sources need to be reviewed and it is unfortunate that Mukasey is using his experience as a former Attorney General to push his opinions as facts.

Napolitano s piece is also an op-ed article, however he looks closely at the history and legal issues surrounding terrorist trials and only seems to inject emotion when he makes accusations about the United States government and their mishandling and mislabeling of war crimes, when war had not been declared.  His point that is made in his byline and throughout the article is simply,  its a violation of the Constitution to use the panels military tribunals without a declaration of war -- and just calling it a war on terror doesnt count  (November 29, 2009).  It is refreshing to see the facts laid out in Napolitano s article as to the legal ramifications of trying terrorists in a military tribunal rather than in the correct court, which would be the United States civilian court system.

Napolitano addresses even the logical fallacies in the claims made by former president George W. Bush.   He made these extra-constitutional claims based, he said, on the inherent powers of the commander in chief in wartime. But in the Supreme Court, he lost all five substantive challenges to his authority brought by detainees  (November 29, 2009).  Due to Bush s claims that defied logic, as well as his own argument of authority and executive powers, it seems that Mukasey is following in Bush s rhetorical footsteps.  It is true that there are inherent dangers in allowing terrorists to know what evidence the United States government has in terms of their activities and their connections, but as previously stated this is a product of the design of the courts.  The design of the courts then in addition to the design of the Constitution is the only considerations that need to be made and ad sequitur claims and arguments in addition to intrusions from authorities such as the former president and Mukasey deflect away from this important information.

In conclusion, it is obvious that Mukasey uses his authority much like the former president to present and support a claim that holds many logical fallacies, including an appeal to emotion and his non sequitur arguments.  Though there are cons to the civilian process, this is not a solid or sound reason to bar terrorists who were not acting during a time of war, to be banished to military tribunals instead of being placed in the proper courts.  The laws of the United States as outlined in the Constitution are to be upheld at whatever price, if these laws are ever compromised then America is in itself compromised. 

African Union

The organization of African union (OAU) was established on 25th May 1963, at Addis Ababa, Ethiopia. Then it followed that the charter of the organization was signed on that occasion by the head of state and government of the thirty two African states. This organization was established to promote the unity and the solidarity of the African states and to eradicate all forms of colonialism to coordinate and harmonize the member states economic, diplomatic, educational, health, welfare and the defense policies (Melber, 2001, p. 119). It is anon-profit African-American non-governmental organization that is designed to be a supporting component of the African union and a devoted tool to accelerate the necessary changes in the African development. 

The origin and foundation of African union came as a result of a vast enormity in the development of the African continent. The African union seeks to be concerned with the political and fiscal assimilation among its fifty three member countries. It aims at enhancing development, eradicating poverty and conveying Africa into the international economy (Wafula, 2009, p. 134). It also aspires in supporting harmonity among the African nations, enriching high-quality governance and democracy and finally upholding sustainable growth and expansion at the monetary, societal and cultural plane in addition to the assimilation of African economy

The African Union has a diversified number of roles and functions that define its objectives. First it is based on a general image of a unified Africa as well as on the requirement to put together an association among governments and all the sections of general development, concerning the youth, women. It then aims at supporting and guarding the human and populace rights in harmony with the African charter on human being and peoples rights and additional related persons rights (Martorana, 2000, p. 45). The African Union plans in the advancement of the development of the African continent by approving the exploration in the entire fields of study, concentrating more on science and technology. The African union works together with other related global allies in the control of the avoidable complaints and the endorsement of good quality health.

Many of the functions of the AU relate to the development and the wellbeing of the member states. The entity aims at defending the sovereignty, terrorism integrity and independence of its member states and to fight against neo-colonialism in all forms. From the due declaration of the human rights the AU principles reaffirms the adherence and the provision of a solid foundation for the peaceful and positive cooperation among states (Udombana, 2004, p. 128). This is done by inspiring a common determination to promote an understanding among the people and cooperation among the African states in response to the aspirations of the people for the brother hood and unity to reduce the ethnic differences. 

Another function of the union is aimed at accelerating the political and socio-economic integration of the continent. Some of the grounds that are based on this issue include increasing the intra-African trade with the focus on the tariff barriers. This is important because many traders move across borders most of the time and carry with them currency of carrying the goods at home (Mike, 2004, p. 16).

The African Union has got a court of justice that helps out in the settling of disputes between member states and securing of neutrality against separate human rights cruelty any place in Africa. It gathers documents and undertakes revision and investigates on human being and peoples rights in the member states. It also puts down some regulations that are intended at resolving the lawful problems connecting to human rights. This court justice also guarantees fortification of a person rights and construe all the requirements of the human rights charter (Melber, 2001, p. 122). In addition to that it promotes integration and socio- economic development, heartens collaboration and harmonization of actions among members in the grounds of common concern.

This court of justice helps out in the settling of disputes between member states and securing of neutrality against separate human rights cruelty any place in Africa. It gathers documents and undertakes revision and investigates on human being and peoples rights in Africa and puts down regulations intended at resolving the lawful problems connecting to human rights (Mike, 2000, p. 20). It also guarantees fortification of a person rights and construe all the requirements of the human rights charter.

The AU establishes necessary conditions which enables the continent to play its equitable role in the integration of African economies. The units of African government are entitled to build the necessary institutional and financial capacities that meet regularly to prepare for the international negotiations (Udombana, 2004, p.132). This is in order to foster cooperation with the international organizations and also to maximize liaising with them.

The role of the African Union is to attract and hearten the complete contribution of the African Diaspora as a vital part of the continent and in the structuring of the African Union. The African Diaspora is defined as people living in Africa who are of its origin and also people living overseas but are enthusiastic to add to the progress of the African continent and structuring of the African Union (Martorana, 2000, p. 47).

The some of the issues looked upon by the AU include health issues such as fighting malaria and AIDSHIV endemic. Malaria associated deaths occur in African counties and is usually linked with poverty as a result of basis of poverty among the nations of Africa. This reduces the African countries weakness that are affecting its populace and worsening of the wellbeing and informative structures and also the incapability of many countries to make available essential services for their populace.
The AU is responsible for the coordination and harmonization of the policies that exist between the existing and the future regional economic communities for the gradual attainment of the objectives of the union (Wafula, 2009, p. 143). This assists in the African states development in their social-economic endeavors.

The AU calls for the customs union, common market and the monetary union and sets the ultimate objective as the birth of a political federation of the member states. This is important in the development of the African trade and the economies of the member states.

The AU has established the National Drug Control and Prevention Coordination bodies that are responsible for the following up and implementing the AU plan on the drug control and the crime prevention. The member states are required to establish the anticorruption commissions that are responsible for the detection and dealing with crime. This body is responsible in the reviewing, revising and proposing of the drug control and crime prevention policies and programmes in line with the AU plan of action on the control of crime and drug abuse.

The AU has been having a major function of resolving disagreement among the African countries which are having some conflicts. The African Union is developing an ability to avoid brutal conflicts that arise within the member states. The AU therefore initiates its member states to developing essential associations facilities to anticipate conflicts from becoming cruel and threatening thus causing civil wars (Melber, 2001, p. 126).  The accomplishment in the resolution of the existing conflicts may pledge to maintain peace, safety and steadiness in the African continent. Therefore the African Union has put into effect regulations in the member states to foresee the flare-up of aggression and solidity. The key issue here is to endorse political structures within the African countries that can be strong enough to house dissimilarity without, rotating them into basis of aggression.

The African Union is working towards the provision of reasonably priced drugs this is therefore enhanced towards behavior change of populace of Africa and the endorsement of the exploration of a vaccine of HIVAIDS and also Malaria drugs. The African Union has tightened the mores of tranquility, egalitarianism and forbearance in the African civilization (Wafula, 2009, p. 149). This ought to be done by putting emphasis on the reality that in any humanity, natives can vary and even do so heatedly, devoid of being offensive

The AU has developed a body in it called the New Partnership for African Development (NEPAD) that is responsible for many activities including the promotion of accelerated growth and sustainable development and the halting of the marginalizing of the African community in the globalization process. All this is in the achievement many of its objectives in the development of the African states.
This union has brought about much significance in the African member states in accordance to globalization. It has therefore remained an individual and collective effort that has brought about the interaction and of the member countries. This is a challenge to these countries for reversing the trend that has been of major concern to them which is the exploitation of the natural resources (Martorana, 2000, p.52). By this integration the countries they are able to work together and sacrifice together with the enthusiasm to build a new continent of which the future generation will be proud of.
This integration of the African economies, this is important in the present economic and political crisis. This therefore provides the best option to be able to free them from the current western exploitation of the continent. The African community will be feared by the western communities for breaking into the system of exploitation and most importantly they will be able to challenge the basis of slavery and colonialism in Africa.

The African community through its set up integration will be able to safeguard its vast resources that the westerners had to prop up dictators, as well as the ignition of civil war around the continent so that while the Africans fought each other, their resources were exploited and looted.

The African Union has realized there is a need for political will to make strong decisions by the African leaders and the courage and determination to implement them in their countries. Since there has been a slow speed in the execution and assimilation and lack of interest of the continent, the African Union has ensured that its members put forward institutions that foresee crucial movement towards harmony and mutual aid of the African countries (Mike, 2004, p. 28). Globalization is the process of integration of the world economies through trade, financial flows, the exchange of technology and information and the movement of people.

Globalization has brought about many advantages to the African economies. It has led to the interconnection of the African states, within themselves and with the outside world. This is because the closed system of governance that existed in these economies has been broken to bring about a free world.

Responding to this issue by the AU has led to a significant rise in the importance of trade and the capital flows in the African economies. An increasingly large share of the world GDP is generated in the activities that are linked directly with international trade. Also there has been a phenomenon in the growth of the cross-border financial flows, particularly in the form of private equity and portfolio investment, compared to the past (Wafula, 2009, p. 150).

On the same issue the revolution of the communication and the transportation of technology have brought about the much improved availability of information have allowed the individual countries to base their economic success throughout  the present world. Moreover, the globalization has brought about the greater openness and the participation of these countries in the competitive international trade. This has brought about the increased employment opportunities for most countries that are experiencing large cases of unemployment.

As a result of this phenomenon those African countries that participate in the globalization issue and that have developed the open markets have attracted new investment and have advanced their technologies. This is essential for these countries for the participation in the international trade competitively and hence improve their wealth by eliminating poverty which is a major concern in the counties (Martorana, 2000, p.58).

In the early 1990s globalization and the end of the cold war, all these had compelled the African states to recognize the structural weaknesses that had prevented the AU from responding to their intrastate conflicts. At the same time it was found out that the west and the western council was not responding to the African problems.

Another hindrance towards globalization is culturallocal resistance. Since globalization is the phenomenon that was brought about by the western culture and imposed to the African countries, local resistance is being build up to prevent the harmonization of this culture (Mike, 2004, p. 34).

To respond to the issue of globalization the African Union should oversee the formation of institutions that foresee the conservation of the surroundings by creating progress such as tourism, development, and reserve use, site endorsement through the founding of sheltered vicinity that normalize reserve utilization and esteem ecology carrying capacity. The African Union should also increase populace involvement aspiring at increasing ecological responsiveness.

There are many ways in which Africa can be able to respond to the issue of globalization. The key option for this is to cover the core areas of influence. The debates on the democratization, respect for the rule of law, political stability and some related issues such as the gender quality and environmental management and also how the AU can shape the future directions are closely examined.

In order to develop a globalize society the African countries should first realize its significance. Therefore, the intensity and the breadth of the interactions within the political, technological, economic, social, and the cultural domains that characterize the globalization should be their major emphasis (Wafula, 2009, p. 162). They should see the AU foundation as a major tool for the continent to face the multifaceted challenges.

To overcome problems of globalization, the African leaders who represent the various countries in the African union should comprehend with the intention of moving from a unification of states to a unification of the populace. This indicates putting the people first or as a priority. To achieve a good union of the people of Africa, there should be unrestricted movement of people across countries (Smith, 2002).

There is the need of institutional transformation. This aspires at intensification of the African Union and intensifying the ability of the African Union so as to administer and synchronize effectual relations with the diverse parts and other important communities in the whole world. There should also be an existence of a local assimilation with the countries in continent of Africa since it supports the African union in implementing its role as the controller and catalyst of interactions between its member states in the steady continental assimilation in the different African countries (Udombana, 2004, p. 134). Through this the African countries can be able to compete to the outside world.

In order to globalize there should be a common vision between the different leaders of the African countries. With communal vision, there is an understanding with Africa and her countries between the African union objectives and policies Kennedy, 2001, p. 14). The African Union should strive at attaining a common vision among its member countries so as to promote the development of the African countries and also promote economic integration, good governance, improve the quality of health, reduce or completely abolish corruption.