Despite Ethics Being The Core Of The Life Of A Professional’S

Despite ethics being the core of the life of a professional’s work life and professional identity (p. 33), â€Å"who we are† (Welfel, p. 4), and the code representing the best judgement of one’s peers about common problems and shared professional values, no code of ethics provides a blueprint of resolving all ethical issues (Welfel,p. 10) and the code of ethics are not cookbooks for responsible behavior (Welfel, p. 11). However, people are more vulnerable to harm from irresponsible professionals (Welfel, p. 185); therefore, the best strategy is the development of a professional ethical identity before engaging in a practice where multiple role demands might exist (Welfel, p. 32). The potential for ethical dilemmas is clutter and a potential†¦show more content†¦Is this a potential slippery slope phenomenon, in which nonerotic touch can be a first step toward sexual contact (Welfel, p. 204)? Is Dave’s compassionate care of cutting toe nails beca use they are paralympians? These are typically people who don’t want to be singled out as folks needing help. I’ve completed a course on Adaptive Sport where we studied paralympians. They don’t come across to me as the type folks who need help trimming nails. They seem to find innovative ways to get things done independently instead of asking their sport psychologist. However, I do understand social responsibility and contributing to human welfare. This is covered in the AASP’s code of ethics. AASP members seek to contribute to the welfare of those with whom they interact professionally (AASP code, Principle E). AASP members â€Å"apply and make public their knowledge in order to contribute to human welfare† (Whelan, AASP code, Principle F). Multiple Relationships. (a) AASP members must always be sensitive to the potential harmful if unintended effects of social or other nonprofessional contacts on their work and on those persons with whom they deal. Such multiple relationships might impair the AASP member’s objectivity or might harm or exploit the other party. (c) AASP members do not engage in sexual relationships with students, supervisees, and clients over whom the AASP member has evaluative, direct, or indirect authority, becauseShow MoreRelatedThe Ethical Teacher1919 Words   |  8 PagesReflection is a necessary component of everyday life, as well as the growth an individual makes within their profession. This concept remains true for teachers who, due to the particular changes they must make in order to meet the fluctuating needs of both their students and society, are perpetually connected to reflection. Beginning with John Dewey, during the late nineteenth and early twentieth centuries, numerous scholars have articulated their viewpoints concerning the positive and negativesRead MoreProfessional Identity As A Professional Counselor1983 Words   |  8 Pagesgeneral has been defined as â€Å"the possession of a core set of values, beliefs, and assumptions about the unique characteristics of one’s selected profession that differentiates it from other professions† (Weinrach, Thomas, Chan, 2001, p. 168). A counseling professional’s identity can be surmised by six characteristics: knowledge and understanding of counseling’s history, counseling’s philosophy, the roles and functions of counselors, and professional ethics, as well as professional pride and professionalRead MoreThe Legal Process of Medical Consent for Adolescents2400 Words   |  10 Pagesprofessionals have an obligation of duty to gain consent from their patients before any treatment or care is given (NMC, 2010). People have their own rights to accept or decline to treatment, and professionals should uphold individual’s rights in being fully involved in the decision making process (NMC, 2008). This assignment will discuss the moral principle autonomy, and capacity, in re lation to the case of Hannah Jones. In the recent years, the case of Hannah Jones has been a popular subjectRead MoreEssay about Profession of Arms11066 Words   |  45 PagesAn Army White Paper: The Army Profession of Arms, Its Culture, and Ethic The overall objective of the Army Profession of Arms campaign is for Soldiers and leaders to refine their understanding of what it means to be professionals--expert members of the Profession of Arms--after nine years of war and to recommit to a culture of service and the responsibilities and behaviors of our profession as articulated in the Army Ethic. GEN Martin E. Dempsey, CG, TRADOC The preeminent military task, andRead MoreErp vs Legacy System6788 Words   |  28 PagesScience Drive 2 Singapore 117543, ngmongth@yahoo.com.sg Tan, Michael T. K., School of Computing, National University of Singapore, 3 Science Drive 2 Singapore 117543, mtan@comp.nus.edu.sg Abstract Being hailed as possessing the ability to â€Å"drive effective business reengineering and management of core and support processes†, it is not surprising that Enterprise Resource Planning (ERP) systems have been adopted by more than 60% of Fortune 500 companies as at the turn of the century. In contrast, negativeRead MoreCultural Competency Definitions8081 Words   |  33 PagesAs Henry et al (2000: 383) explains, organizations and institutions are: ...filled with individuals who are deeply committed to their professional work, who are regarded as highly skilled practitioners, who believe themselves to be liberal human beings - and yet they unknowingly, unwittingly contribute to racial inequality. In Canada, the models of cultural sensitivity and cultural competence that continue to predominate are founded on the ideals of multiculturalism (Doane Varcoe 2005a). CulturalRead MoreSonali Bank Report13055 Words   |  53 Pagesfacility. For a rapid economic growth a country is linked up with its banking system. All the functions of a modern bank, lending is by far the most important. They provide both short-term and long-term credit. The customers come from all walks of life, from a small business, a multi-national corporation having its business activities all around the world. The banking business has, therefire, become complex and requires specialized skills. They function as catalytic agent for bringing about economicRead MoreLibrary Management204752 Words   |  820 Pages . . . . . . . . . . . . . . 338 Developing Leadership. . . . . . . . . . . . . . . . . . . . . . . . . 340 15—Ethics . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 346 Ethics in Modern Organizations . . . . . . . . . . . . . . . . . 347 Ethics—A Definition . . . . . . . . . . . . . . . . . . . . . . . . . . 347 Contents xiii The Importance of Ethics. . . . . . . . . . . . . . . . . . . . . . . 349 The Ethical Information Professional . . . . . . . . . . . . Read MoreWaste Management33554 Words   |  135 PagesPrawitt [2] [3] To help students understand what happened at Enron Corporation and how Andersen’s involvement with Enron led to the accounting firm’s downfall. To enhance students’ appreciation of the importance of understanding an audit client’s core business strategies. To develop students’ understanding of the role of confidence, reputation, and trust both in the corporate and auditing professions. [4] [5] [6] To provide a venue for exploring professional issues relating to auditorRead MoreSales and Marketing for Financial Institutions80443 Words   |  322 Pagesrecording, taping or information retrieval systems) without the written permission of Kaplan Higher Education. Kaplan Higher Education makes every effort to contact copyright owners and request permission for all copyright material reproduced. However, despite our best efforts, there may be instances where we have been unable to trace or contact copyright holders. If notified, Kaplan Higher Education will ensure full acknowledgement of the use of copyright material. ACKNOWLEDGEMENTS All ASX material

Losers and Winners of Globalization Essay - 1772 Words

Despite the views of many optimists, there are clearly losers as well as winners from the process of globalization. The statement at the head of the page assumes that Globalization creates both winners and losers. This is a view shared by many, but not all, theorists and commentators. There are many trends of thought regarding exactly who the winners and losers may be as well as what may be considered a prize or a punishment (e.g. some may sight the availability of McDonalds fast food throughout France an enrichment and some may see it as an unwelcome and unsavoury invasion.) Comparison between these opinions paints an interesting picture of what Globalization is, what certain parties want it†¦show more content†¦There are various definitions of what Globalization is, and the effect it has on the world. Globalists believe Globalization is a real and evident process. They argue that examples of a significant shift in the geography of social relations can be seen in terms of economics, culture and politics. For example the recent effects that the US economys down turn had on the share pr ices of British companies who trade and deal largely within US markets. We can see that international trade and investment has increased in recent years with many companies (notable many of those within the FT500) having bases and influence in many different countries e.g. Rupert Murdochs global media empire, News Corporation, which operates within nine different media on six different continents. Culturally we can see everyday examples of what Globalists would call Globalization. In Britain we eat McDonalds and Sushi, wear Issey Miyake perfume, watch Manga films and play Sony Playstation games. Politically nation states do not hold ultimate power over all policies and all behaviour as a whole. National governments have joined to create larger international organizations e.g. United Nations or G8 (USA, Japan, Germany, France, UK, Italy and Canada, with the recent addition of Russia). Globalization, and the Northern Territories embracing of it, allows theShow MoreRelatedEssay on Winn ers and Losers in Globalization598 Words   |  3 Pages Globalization is an increasingly close international integration of markets for goods, services and factors of production, labor and capital. Right after the World War II, the world has witnessed a spread of markets and multilateral development from which no country can operate independently. This multi-dimensional process has different impacts on different countries, depending on the level of economic development and political influence, and it has both positive and negative consequences for humanRead MoreGlobalization And Competitiveness : The Impact On Future University Of Alberta Bcom Graduates Essay982 Words   |  4 Pages Globalization and Competitiveness: The Impact on Future University of Alberta Bcom Graduates Nickia Kwan 1468914 University of Alberta Globalization and Competitiveness: The Impact on Future University of Alberta Bcom Graduates Globalization continues to impact how countries connect with each other. This impact can clearly be seen in changing social, technological and economic spheres. As globalization continues to expand its influence, it results in greater international competitionRead MoreImpact Of Globalization On The World Essay952 Words   |  4 Pagesthe world due to free trade and globalization has had both negative and positive effects on states. Because the world market has begun to level out, more states are becoming technologically advanced thus increasing the global economy. However, while some states are beginning to catch up, others are remaining at the same level and are at risk for being surpassed, both technologically and economically. So, the flattening of the world is creating both winners and losers; it is important to figure outRead MoreThe Welfare State and Government Responses to Economic Openness1668 Words   |  7 Pagescapital across borders. With the rise of globalization, posi tive effects have resulted from economic openness. The widespread benefits of globalization have resulted in global economic growth, prosperity, and have increased the overall standard of living in the world. However, globalization has also been blamed as being the principal culprit for numerous global problems including poverty, wealth disparity, and environmental degradation. The debate over globalization has resulted in a zero-sum game betweenRead MoreExamine how globalisation has resulted in winners and losers (15)844 Words   |  4 Pagesresulted in winners and losers (15) Globalisation is the process by which the world is becoming increasingly interconnected as a result of massively increased trade and cultural exchange. Globalisation over the past hundred years has undoubtedly made the world more interconnected including closer societies, politics, economies, cultures and the environment. Globalisation has increased the production of goods and services. There are those who argue that globalisation creates winners and losers, asRead MoreWho Have the Been the Main Winners and Losers from Globalisation?2973 Words   |  12 Pagesprincipal winners and losers from globalisation? Globalization affects everyone, whether intended, directly or otherwise; it has gradually increased its presence in our daily lives. In this essay, I will point out who are the ones benefited and the ones injured from it by breaking down the question in four broad aspects: economic, political, socio-cultural and environmental. Seemingly, I will analyse the causals for this particular outcomes and distributions that indicate that globalization is creatingRead MoreThe Big Bang Significance Of Globalization Essay1577 Words   |  7 Pagesto direct an increase in the volume of transactions in goods and services and of international capital flows (Osland, 2003). Globalisation has become an increasingly controversial topic, and as with all economic change, it is a trade-off with winners and losers (Osland, 2003). Its presence and benefits is unquestioned by many while in other circles, scholars such as Karl Polanyi, Arthur Schlesinger, Jr., and politicians, particularly in the developing world, embrace the belief that globalisation hasRead MoreEssay on The History of Globalization 1805 Words   |  8 PagesGlobalization is the increasing interconnectedness of people, places, and cultures throughout the world today. The effects of this homogenizing process that we call globalization can be seen in all aspects of life. From McDonalds being in almost every country, to the majority of North American clothes being made in periphery countries, to the technological ability that allows us to instantly communicate with people anywhere in the world, the effects are everywhere. Economically today, globalizationRead MoreGlobalization and the Decline of the Welfare State1172 Words   |  5 Pages The idea that globalization and the welfare states can conflict comes from the fact that: while globalization is based on profit maximization, the welfare states main goal is to reduce, if not eliminate inequality, insecurity and poverty through proper redistribution of wealth me chanisms. The welfare state has to enhance â€Å"people’s adaptability, so that they, whatever their skills, can turn themselves from losers into winners through their own efforts† (Dennis J. Snower. Et al.137). The pointRead MoreWinners and Losers in a Consumer Society Essay1681 Words   |  7 PagesEssay Plan: Outline who are the winners and losers in a consumer society. Introduction: Paragraph 1 Outline – short general explanation/ to give the main features or general idea of. Consumer society – Point out this essay is looking at consumer society. Who – highlight the essay is looking at who. The winners and losers - define this concept in the introduction as it is the main content phrase in the essay question. There are three parts include in the main body that discribe

Alcohol Consumption and Consequences

Question: Discuss about the Alcohol Consumption and Consequences. Answer: Introduction: Drinking is always being considered as a norm in the field of cultural and the social in Australia and binge drinking was dated back for settling the times, when convicts in working were being rewarded in rum. Most widely consumed alcoholic beverages in Australia were spirits, at 1830s and approx 13.6 litres of pure alcohol were being consumed by the each individual annually in NSW. The entire rum distribution in NSW led to the taking over of the government in the history in Australia. This was later known to b as the rum rebellion of 1808. Alcohol is considered as one of the widely consumed item among all groups and it is available at all types of social gatherings and cultural events. On per capita scale of 10.3 l of pure alcohol were consumed by each citizen of Australia in every year. Binge drinking in Australia is considered when men consume more than 5 drinks and 4 drinks consumed by women in around 2 hours (Mashhoon et al. 2014). Not every binge people are dependent on alcohol. They are alcoholics and exhibits cravings but can withdrew themselves when there is no access to alcohol. It could be stated as the chronic binge drinking is different from alcoholism. Alcoholics are the best term that fits binge drinkers but chronic binge drinker is different from acute alcoholism. Lifestyle in Australia, never faces alcohol abuses but severe alcohol issues are being faced by the aboriginal committees. These issues are the direct problems and need to ban alcohol in entire Australia but it failed in doing so but ended up b anning in the aboriginal committees only. The politicians were not interested in banning of alcohol in the entire Australia as they also have to skip drinking as well in that case (Fritz et al. 2014). But, banning of alcohols within the white societies did not take place but selling it to the blacks in the aborigines vices the society of the white and won few votes in the entire process. The long term effects of alcohol can cause disruption in the development in the brain, damage in the liver along with the cirrhosis, death of the brain cells with the decreasing factor in the mass of the brain, intestinal and stomach ulcer takes place, the pressure of the blood also increases and leads to the heart disease, heart attack or even stroke. The production in the male sperm decreases to a great extent. Levels of iron, vitamin B lowers down causing anemia. Fetal alcoholic syndrome in the unborn children also takes place to a pregnant woman (Stote et al. 2016). Alcohol is extensively used and acknowledged in Australian culture. It is served in various social and recreational conditions, and its use is oftentimes stimulated (Kwon, Greenson and Conjeevaram 2014). While drinking alcohol is frequently seen as normal for Australian culture, the effects related with overconsumption don't just impact the individual, moreover the broader national gathering. In 2012, it was assessed that Australians consumed through $14.1 billion consistently on alcohol. Alcohol is an irreplaceable bit of Australian culture (White and Hingson 2014). Alcohol expects a section in celebrations, an arrangement of social activities, loosening up, as a generator of cost pay and as a vital wellspring of work and charges. An average social staple among adolescents is to drink, especially, to get intoxicated. The fundamental catalysts behind Australia's drinking society are received from social customs, penchants, publicized pictures and normality. These factors can be enhan ced by effects related to the social, physical and money related honesty of alcohol (Baltazar et al. 2014). This is driven by displaying and progression, cost, accessibility and age impediments. There is no single variable credited to why people drink at these dangerous levels; however nonappearance of sustenance, poor exercise, smoking, hurting prosperity hones, illicit medicine use and outlandish drinking all appear to add to a jumbled structure of social determinants. Addictions can occur in many structures and impact everyone and anyone. It should be fathomed that the impact of obsession is realized by family, relatives and the general gathering. Propensity impacts the wealthy and deprived young and old, male and female, married and single. The solution, alcohol and tobacco techniques are built up on the friendship and watch out for the related subjects. The Government is constrained by a feeling of respect to watch over the thriving of individuals who are encountering addictions, and their families. Establishment ought to obviously express that prescriptions are harming to the individual, the family and the gathering. The present approach by dynamic governments is sending diverse messages to the best in class time of Australians. In association with alcohol, Australian Christians reinforces an examination concerning the possible focal points of growing the real drinking age to twenty-one and the weight of lockout times at settings where alcohol is consumed. Australian Christians encourages the Drug and Alcohol Rehabilitation programs which clearly mean to free addicts from their dependence instead of keeping up them on various prescriptions for the term of their life (Baltazar et al. 2013). Blended refreshments over a wine summary are ordinarily related with fine devouring and propelled social evenings. The Bible also has records of the usage of wineat the Wedding Feast at Cana, at the Last Supper, and Paul's direction for Timothy to " use a little wine "for the assistance of a stomach related illness (1 Tim 5:23). In that case, there may be some verbal encounter as to the method for the wine ate up (developed or unfermented) and whether in-taking of alcohol is overtly illicit in the Bible, it is unquestionable that inebriation and dispersing are unmistakably decried in both the Old and New Testament (Sayal et al. 2014). For a couple of years now, the remedial calling, also, has offered positive effect to our alcohol in-taking and handl ing on society by carefully admitting that a glass of red wine a day could have help in improving cholesterol profiles and also helps in secure against the risk of coronary disease. Standard society whose social gauges are joined with ritualistic glass-/bottle-/can near to works out, speaks to a veritable test similar to our commitment of care as instructors and gatekeepers and what to educate about alcohol. It can be induced that Alcohol usage is a vital wellspring of enthusiastic torment, pain and mercilessness, and furthermore singular harm. The budgetary and social protection inconvenience constrained on the gathering is gigantic. It is acknowledged there is a to a great degree strong case for Christians for setting a case by picking to ignore drinking alcohol. It would appeal if the instance of drinking alcohol unintentionally encouraged others to take up drinking. Alcohol is known to be an addictive drug and no one knows as of now whether they or their mates will to the advancement for being the subordinate for alcohol. Reference list: Baltazar, A., McBride, D.C., VanderWaal, C.J. and Conopio, K., 2016. Sex, Drugs and Alcohol: What Adventist College Students Say about the Role of Parents and Religion. Fritz, B.M., Cordero, K.A., Barkley?Levenson, A.M., Metten, P., Crabbe, J.C. and Boehm, S.L., 2014. Genetic relationship between predisposition for binge alcohol consumption and blunted sensitivity to adverse effects of alcohol in mice. Alcoholism: Clinical and Experimental Research, 38(5), pp.1284-1292. Kwon, H.K., Greenson, J.K. and Conjeevaram, H.S., 2014. Effect of lifetime alcohol consumption on the histological severity of non?alcoholic fatty liver disease.Liver International,34(1), pp.129-135. Mashhoon, Y., Czerkawski, C., Crowley, D.J., Cohen?Gilbert, J.E., Sneider, J.T. and Silveri, M.M., 2014. Binge alcohol consumption in emerging adults: anterior cingulate cortical thinness is associated with alcohol use patterns. Alcoholism: Clinical and Experimental Research, 38(7), pp.1955-1964. Sayal, K., Heron, J., Draper, E., Alati, R., Lewis, S.J., Fraser, R., Barrow, M., Golding, J., Emond, A., Smith, G.D. and Gray, R., 2014. Prenatal exposure to binge pattern of alcohol consumption: mental health and learning outcomes at age 11. European child adolescent psychiatry, 23(10), pp.891-899. Sim, D.E.K., Hofstetter, C.R., Irvin, V.L., Ayers, J.W., Macera, C.A., Ji, M. and Hovell, M.F., 2013. Do Christian denominations exhibit higher rates of alcohol consumption? A study of Korean American women in California. Journal of religion and health, 52(1), pp.285-298. Stote, K.S., Tracy, R.P., Taylor, P.R. and Baer, D.J., 2016. The effect of moderate alcohol consumption on biomarkers of inflammation and hemostatic factors in postmenopausal women.European journal of clinical nutrition,70(4), pp.470-474. White, A. and Hingson, R., 2014. The burden of alcohol use: Excessive alcohol consumption and related consequences among college students. Alcohol research: current reviews, 35(2), p.201.

Union Advantages and Disadvantages Essay Example

Union Advantages and Disadvantages Essay Advantages and disadvantages when being in a union The National Labor Relations Act was enacted by congress in 1935 in order to define and defend the rights of the employment relationship. The act allows employees of a company the right to form a union and have the union organization represent them through collective bargaining. Collective bargaining is the process of negotiation between both parties; Union representatives and a corporation, with the purpose of reaching an agreement for the best interests of employees and the corporation. In the negotiation process the attempt is to establish primary factors of importance which are advantages the union fights for and ultimately provide for its stakeholders that would otherwise not have if there were no union representation. Advantages include job security, higher wages, affordable healthcare coverage and specialized job duties. However, there are disadvantages associated with labor unions along with their benefits such as strikes, loss of individuality and union dues. Secure Job In a competitive global economy where there are layoffs and job loss the union difference is job security. Unions are often able to make sure that the hard working and experienced employees are protected against unjustifiable causes. When the company decides to improve technology and bring new machinery as a form of making more production the union prevents technology from replacing the worker. If the worker is punished, suspended or terminated without just cause, representatives from the union and lawyers will go investigate and defend your position. If unfair corrective action is found against employee union has the right of reversing such action by removing unfair discipline, or if fired unjustly having his/her job back. We will write a custom essay sample on Union Advantages and Disadvantages specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Union Advantages and Disadvantages specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Union Advantages and Disadvantages specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Job security is an advantage in a unionized workplace vs a non union workplace because when a union is involved they give you voice to participate in having an influence withing the decisions being made for the betterment of the company. The union in response protects you from any type of reprimands whereas non union workplaces the worker has no voice. The employer makes all the rules, sets the wage rates, makes all decisions on things like discipline, promotions and hours of work. Higher Wages In a union environment the union bargains with the employer for a contract and makes sure that such contract is carried out. In this contracts both parties define various important aspects such as wages. Workers pay is higher when they are in a union. â€Å"The median weekly earnings of union workers are 28 percent higher than non-union workers†. â€Å"According to a January 2011 Bureau of Labor Statistics report, workers who belong to a union typically earn higher pay than non-union workers doing the same kind of job. Although it varies based on sector and occupation†. $917 = Median weekly earnings in 2010 of union members. $717 = Median weekly earnings in 2010 of non-union workers. T Thats a yearly difference in salary of $10,400 for union members vs. non-union members Estimates varies depending on sector and occupation. Differences among public unionized sector vs public non unionized amount a higher salary than private sector either union or non union. An important factor of higher wages in a unionized workplace is that it helps the economy grow. One of the main reasons of why our current recession happened is that workers do not have the purchasing power they need to help the economy grow. Union provide workers to earn a significantly higher average in wages than non union workers. A sustainable economy is where workers are adequately rewarded and have the income they need to purchase goods and boost the economy. Higher wages are necessary for a variety of reasons most importantly helps improves the standard of living and gives the worker a sense of being a valuable asset to the company by such reward. Affordable Healthcare Coverage â€Å"In 2009, 92 percent of union employees in the U. S. had access to health care benefits, compared to only 68 percent of non-union workers. The union advantage is even greater when you compare the percentages of union vs. non-union workers receiving specific benefits:† Dental Care: Union, 70% | Non-union: 44% Vision care: Union, 53% | Non-union: 24% Prescription drug benefits: Union, 90% | Non-union, 68% The out of pocket costs for individuals is also less than that of non union individuals. At collective bargaining this benefits are fought for so that insurance coverage is more affordable. Workers are also more likely to receive workers’ compensation. Union members also get their benefits faster, and return to work more quickly. When workers are injured, unions help workers through the often complicated process of filing for workers’ compensation and protect workers from employer retaliation. They receive provisions that are made for weekly payments in place of wages, as a compensation for economic loss or reimbursement or payment of medical and other expenses. Job Specialization A well defined job duty involves giving workers individual job tasks to remove the responsibility of other jobs and reducing the workers capacity to one task in particular. Job specialization became common place during the industrial revolution with the creation of factories. Factory owners would not simply hire one worker who produces all the goods. The work is divided among many different workers and each employee becomes an essential element in the process of creating the product. Specialization creates an increase in efficiency as workers become more skilled in the specific jobs they do. Employees in a factory who are responsible for only one part of the process become as skilled as they possibly can in that process without the distraction of learning other skills. Hours and job duties are well defined. During the industrial revolution workers tended to work in horrible working conditions to go along with the bad hours. The typical work day back then lasted anywhere from 10-18 hours per day, six days a week. All of this began to change in the in the 19th century. United States began to work towards a shorter work day in 1791 when workers in Philadelphia were striking for a ten hour total work day. But finally in 1937 the eight hour work day was implemented and regulated by the federal government. It stipulates that workers were not to work more than 44 hours per week and any hours over 40 required of the worker were to be paid with overtime bonuses added to their normal pay rate. Union enforces and fights for this rights at collective bargaining Union representation established the eight hour work day as one of their primary goals. Strikes One of union representations greatest advantages can also be one of its main disadvantages: the ability to engage in economic strikes. The decision to strike for improved wages or working conditions is a serious subject that requires a thorough analysis of the strikes likelihood for success before it is undertaken. Union officials need to be experienced and knowledgeable about the many economic and social factors that will be brought to bear on striking employees before they make a decision. Incorrect judgments about striking can be harmful to employees who choose to engage in this activity. When a union is certified as the exclusive employee representative, employees become members of an overall bargaining unit in which the majority rules. Union leaders make decisions for all employees, which many may deem not to be in their best individual interest. Employers of striking workers have the legal right to continue to operate their business with permanent replacement employees who need not be discharged once the strike ends. If such circumstances are present for the employee, the best that they can expect is to be reallocated when an employment vacancy occurs fro which they are qualified. They are not entitled to immediate and unconditional reinstatement or back pay when their jobs are filled in by permanent replacements. Unfortunately they face such risk of losing their job and earn no money for a period of time that puts a financial burden on your family. Loss of individuality Another disadvantage for unionized workers is the loss of individuality. When a union is certified as the exclusive employee representative in a workplace, employees become members of an overall bargaining unit in which the majority rules. The ruling majority may not be sympathetic with each individuals specific employment needs or aspirations. Individual agreements etween employees and management are not allowed because the employer is under an obligation to deal exclusively with the union. The union leaders make decisions for all employees, which many may not be in the best interest of the individual. Loss of individuality is primary concern for many employees, as well as the loss of opportunity to negotiate for themselves an individual agreement. Union dues Still another disadvantage of union representation is the cost to e mployees. Most collective bargaining agreements require all employees to support the union financially as a condition of their continued employment. Federal law provides that employees may, regardless of the what is spelled out in the agreement, opt not to formally join the union; however they may still be required to pay certain dues and initiation fees. The union can demand the discharge of any employee who fails to pay required dues and fees unless a right to work law has been enacted in the state where the business operates. The cost of union membership vary widely from union to union but regardless of the cost, fees represent an expense to workers that they would not otherwise have. Michigan is one state that does not have a right to work law, a union worker from this state pays hundreds of dollars per year as a result of dues requirements. There are many advantages and disadvantages that come to mind when it comes to working with unions. Employees can come across a great deal of advantages and disadvantages in the event that they take on union membership. Despite of the drawbacks involved in the union-employer relationship, labor unions have been successful in helping raise the standard of living of millions of people during the nineteenth and twentieth century through better wages and other benefits. These benefits would not have been provided without the work done by labor unions. Many early leaders were prosecuted, harassed or gave their lives for labor movement in the United States. Some strikers were subjected to fire hoses, attack dogs and armed guards. These sacrifices Americans see that laws were needed to protect the right of workers. If labor unions were to disappear laws protecting workers rights would be repealed and without unions, workers would not be able to have a voice in the political process. Union Advantages and Disadvantages Essay Example Union Advantages and Disadvantages Essay Advantages and disadvantages when being in a union The National Labor Relations Act was enacted by congress in 1935 in order to define and defend the rights of the employment relationship. The act allows employees of a company the right to form a union and have the union organization represent them through collective bargaining. Collective bargaining is the process of negotiation between both parties; Union representatives and a corporation, with the purpose of reaching an agreement for the best interests of employees and the corporation. In the negotiation process the attempt is to establish primary factors of importance which are advantages the union fights for and ultimately provide for its stakeholders that would otherwise not have if there were no union representation. Advantages include job security, higher wages, affordable healthcare coverage and specialized job duties. However, there are disadvantages associated with labor unions along with their benefits such as strikes, loss of individuality and union dues. Secure Job In a competitive global economy where there are layoffs and job loss the union difference is job security. Unions are often able to make sure that the hard working and experienced employees are protected against unjustifiable causes. When the company decides to improve technology and bring new machinery as a form of making more production the union prevents technology from replacing the worker. If the worker is punished, suspended or terminated without just cause, representatives from the union and lawyers will go investigate and defend your position. If unfair corrective action is found against employee union has the right of reversing such action by removing unfair discipline, or if fired unjustly having his/her job back. We will write a custom essay sample on Union Advantages and Disadvantages specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Union Advantages and Disadvantages specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Union Advantages and Disadvantages specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Job security is an advantage in a unionized workplace vs a non union workplace because when a union is involved they give you voice to participate in having an influence withing the decisions being made for the betterment of the company. The union in response protects you from any type of reprimands whereas non union workplaces the worker has no voice. The employer makes all the rules, sets the wage rates, makes all decisions on things like discipline, promotions and hours of work. Higher Wages In a union environment the union bargains with the employer for a contract and makes sure that such contract is carried out. In this contracts both parties define various important aspects such as wages. Workers pay is higher when they are in a union. â€Å"The median weekly earnings of union workers are 28 percent higher than non-union workers†. â€Å"According to a January 2011 Bureau of Labor Statistics report, workers who belong to a union typically earn higher pay than non-union workers doing the same kind of job. Although it varies based on sector and occupation†. $917 = Median weekly earnings in 2010 of union members. $717 = Median weekly earnings in 2010 of non-union workers. T Thats a yearly difference in salary of $10,400 for union members vs. non-union members Estimates varies depending on sector and occupation. Differences among public unionized sector vs public non unionized amount a higher salary than private sector either union or non union. An important factor of higher wages in a unionized workplace is that it helps the economy grow. One of the main reasons of why our current recession happened is that workers do not have the purchasing power they need to help the economy grow. Union provide workers to earn a significantly higher average in wages than non union workers. A sustainable economy is where workers are adequately rewarded and have the income they need to purchase goods and boost the economy. Higher wages are necessary for a variety of reasons most importantly helps improves the standard of living and gives the worker a sense of being a valuable asset to the company by such reward. Affordable Healthcare Coverage â€Å"In 2009, 92 percent of union employees in the U. S. had access to health care benefits, compared to only 68 percent of non-union workers. The union advantage is even greater when you compare the percentages of union vs. non-union workers receiving specific benefits:† Dental Care: Union, 70% | Non-union: 44% Vision care: Union, 53% | Non-union: 24% Prescription drug benefits: Union, 90% | Non-union, 68% The out of pocket costs for individuals is also less than that of non union individuals. At collective bargaining this benefits are fought for so that insurance coverage is more affordable. Workers are also more likely to receive workers’ compensation. Union members also get their benefits faster, and return to work more quickly. When workers are injured, unions help workers through the often complicated process of filing for workers’ compensation and protect workers from employer retaliation. They receive provisions that are made for weekly payments in place of wages, as a compensation for economic loss or reimbursement or payment of medical and other expenses. Job Specialization A well defined job duty involves giving workers individual job tasks to remove the responsibility of other jobs and reducing the workers capacity to one task in particular. Job specialization became common place during the industrial revolution with the creation of factories. Factory owners would not simply hire one worker who produces all the goods. The work is divided among many different workers and each employee becomes an essential element in the process of creating the product. Specialization creates an increase in efficiency as workers become more skilled in the specific jobs they do. Employees in a factory who are responsible for only one part of the process become as skilled as they possibly can in that process without the distraction of learning other skills. Hours and job duties are well defined. During the industrial revolution workers tended to work in horrible working conditions to go along with the bad hours. The typical work day back then lasted anywhere from 10-18 hours per day, six days a week. All of this began to change in the in the 19th century. United States began to work towards a shorter work day in 1791 when workers in Philadelphia were striking for a ten hour total work day. But finally in 1937 the eight hour work day was implemented and regulated by the federal government. It stipulates that workers were not to work more than 44 hours per week and any hours over 40 required of the worker were to be paid with overtime bonuses added to their normal pay rate. Union enforces and fights for this rights at collective bargaining Union representation established the eight hour work day as one of their primary goals. Strikes One of union representations greatest advantages can also be one of its main disadvantages: the ability to engage in economic strikes. The decision to strike for improved wages or working conditions is a serious subject that requires a thorough analysis of the strikes likelihood for success before it is undertaken. Union officials need to be experienced and knowledgeable about the many economic and social factors that will be brought to bear on striking employees before they make a decision. Incorrect judgments about striking can be harmful to employees who choose to engage in this activity. When a union is certified as the exclusive employee representative, employees become members of an overall bargaining unit in which the majority rules. Union leaders make decisions for all employees, which many may deem not to be in their best individual interest. Employers of striking workers have the legal right to continue to operate their business with permanent replacement employees who need not be discharged once the strike ends. If such circumstances are present for the employee, the best that they can expect is to be reallocated when an employment vacancy occurs fro which they are qualified. They are not entitled to immediate and unconditional reinstatement or back pay when their jobs are filled in by permanent replacements. Unfortunately they face such risk of losing their job and earn no money for a period of time that puts a financial burden on your family. Loss of individuality Another disadvantage for unionized workers is the loss of individuality. When a union is certified as the exclusive employee representative in a workplace, employees become members of an overall bargaining unit in which the majority rules. The ruling majority may not be sympathetic with each individuals specific employment needs or aspirations. Individual agreements etween employees and management are not allowed because the employer is under an obligation to deal exclusively with the union. The union leaders make decisions for all employees, which many may not be in the best interest of the individual. Loss of individuality is primary concern for many employees, as well as the loss of opportunity to negotiate for themselves an individual agreement. Union dues Still another disadvantage of union representation is the cost to e mployees. Most collective bargaining agreements require all employees to support the union financially as a condition of their continued employment. Federal law provides that employees may, regardless of the what is spelled out in the agreement, opt not to formally join the union; however they may still be required to pay certain dues and initiation fees. The union can demand the discharge of any employee who fails to pay required dues and fees unless a right to work law has been enacted in the state where the business operates. The cost of union membership vary widely from union to union but regardless of the cost, fees represent an expense to workers that they would not otherwise have. Michigan is one state that does not have a right to work law, a union worker from this state pays hundreds of dollars per year as a result of dues requirements. There are many advantages and disadvantages that come to mind when it comes to working with unions. Employees can come across a great deal of advantages and disadvantages in the event that they take on union membership. Despite of the drawbacks involved in the union-employer relationship, labor unions have been successful in helping raise the standard of living of millions of people during the nineteenth and twentieth century through better wages and other benefits. These benefits would not have been provided without the work done by labor unions. Many early leaders were prosecuted, harassed or gave their lives for labor movement in the United States. Some strikers were subjected to fire hoses, attack dogs and armed guards. These sacrifices Americans see that laws were needed to protect the right of workers. If labor unions were to disappear laws protecting workers rights would be repealed and without unions, workers would not be able to have a voice in the political process.

Intelligenge Testing & Grouping Essays - Intelligence, Psychometrics

Intelligenge Testing & Grouping Essays - Intelligence, Psychometrics Intelligenge Testing & Grouping Definition: Intelligence Testing In reviewing the text, I found the definition of intelligence testing to be very simple; testing used to measure intelligence. Two definitions found on an Internet site at dictionary.com are: (a) A standardized test used to establish an intelligence level rating by measuring a subject's ability to form concepts, solve problems, acquire information, reason, and perform other intellectual operations. (b) A psychometric test of intelligence; they used to think that intelligence is what an intelligence test tests. In defining intelligence, there has always been the question of whether intelligence is measured as one phenomenon or if it has many variables that are combined. For example, is it how smart a person is? Or is it a mixture of survival, mathematical, social and other abilities. There are many debates regarding weather measuring intelligence is determined from test scores and results or if it is measured by the person ability to process and problem solve. Uses of Intelligence Testing In an educational setting, intelligence and achievement tests are administered routinely to assess individual accomplishment. They are used to improve instruction and curriculum planning. High schools use these test to assist in the students future educational planning. Elementary schools utilize screening and testing procedures to help determine readiness for reading and writing placement. Intelligence can be measured, though imperfectly, by intelligence tests, among them the Standford-Binat Intelligence and the Wechsler scales. These tests are intended to determine an individual's intelligence quotient (IQ). Intelligence tests usually provide an estimate of global cognitive functioning as well as information about functioning within more specific domains. Compared to measures of virtually all other human traits, intelligence test scores are quite stable. However, the degree of stability increases with age such that early childhood and preschool measures of intellectual function are far less predictive of later functioning than assessments taken during middle childhood. Furthermore, despite their relative stability, intelligence test scores may change as a function of important environmental factors. Therefore, intelligence test scores are descriptive of a child's functioning at that point in time. This could change with alterations in the child's psychiatric status, environmental conditions, or educational program. Components of a good intelligence test are (a) Validity; does the test really measure intelligence and not something else? (b) Reliability; does the test produce consistent measurements? (c) Norms; are the participants being fairly compared? Components that make an intelligence test flawed are (a) Poor validity; many intelligence tests are sensitive to social factors in addition to intelligence. (b) Poor norms; being compared to people who are different. (c) Inappropriate application; test measures something that has nothing to do with the participants school or job. Theories of Process Psychometric Model Psychometric approach is defined as psychology that deals with the design, administration, and interpretation of quantitative tests for the measurement of psychological variables such as intelligence, aptitude, and personality traits. The psychometric model is a theoretical perspective that quantifies individual differences in test scores to establish a rank order of abilities. There are various psychometric approaches to intelligence. The following paragraphs describe three different theorists and their psychometric model. Charles Spearmans believed that intelligence is a combination of two parts. According to his two-factor theory of intelligence, the performance of any intellectual act requires some combination of g, (general intelligence factor) which is available to the same individual to the same degree for all intellectual acts. (Specific factors) or s is specific to that act and varies in strength from one act to another. S is specific knowledge such as verbal reasoning or spatial problem solving. Spearman equated g with mental energy. If one knows how a person performs on one task that is highly saturated with g, one can safely predict a similar level of performance for another highly g saturated task. Prediction of performance on tasks with high s factors is less accurate. Thus, the most important information to have about a person's intellectual ability is an estimate of their g or mental energy (Plucker 1989). Thurstone's theory is based on seven primary mental abilities. In the area of intelligence, his theory maintains that intelligence is made up of several primary mental abilities rather than just the g and s factors. He was among

Take Public Transportation - Save Money, Save The World

Take Public Transportation - Save Money, Save The World If you want to help reduce global warming, air pollution, and your monthly living costs, one of the best things you can do is to get out of your car. By walking or riding a bicycle for short trips, or taking public transportation for longer ones, you will significantly reduce the amount of pollution and greenhouse gas emissions you generate each day. The Rising Environmental Cost of Driving Alone Transportation accounts for more than 30 percent of U.S. carbon dioxide emissions. According to the American Public Transportation Association (APTA), public transportation in the United States saves approximately 1.4 billion gallons of gasoline and about 1.5 million tons of carbon dioxide annually. Yet only 14 million Americans use public transportation daily while 88 percent of all trips in the United States are made by car- and many of those cars carry only one person. Added Benefits of Public Transportation Cutting back on carbon emissions and costs usage isnt the only added benefit of using public transportation. It also helps increase the energy independence of the country overall. Although an increasing amount of our oil is produced in North America, the majority of it still comes from across the pond. Public transportation is also safer, a lot safer, in fact. Riding a bus is 79 times safer than riding in an automobile, and riding a train or subway is even safer. Its also healthier, studies have shown that people who use public transportation regularly tend to be healthier than people who do not, because of the exercise they get walking to and from bus stops, subway stations and their homes and offices. And of course, theres the reduction of costs overall. According to an APTA study, families that use public transportation can reduce their household expenses by $6,200 annually, more than the average U.S. household spends on food every year. The Heart of the Debate Over Public Transportation So why don’t more Americans use public transportation? Transportation experts and social scientists may argue about which came first, America’s attachment to the automobile or the urban and suburban sprawl that makes long daily commutes in at least one and often two cars a requirement for many American families. Either way, the problem at the heart of the debate is that good public transportation systems are not available to enough people. While public transportation is readily available in many major cities, the majority of Americans in smaller cities, towns and rural areas simply do not have access to good public transportation options. So the problem is twofold: People with access to public transportation has to be persuaded to use it more often. Additionally, more affordable public transportation options in smaller communities need to be created for use. Trains, Buses, and Automobiles Train systems are the most efficient in many ways, typically emitting less carbon and using less fuel per passenger than buses, but they are often more expensive to implement. Also, the traditional advantages of trains can be mitigated to a large extent by using hybrids or buses that run on natural gas. Another promising alternative is bus rapid transit (BRT), which runs extra-long buses in dedicated lanes. A 2006 study by the Breakthrough Technologies Institute found that a BRT system in a medium-sized U.S. city could reduce carbon dioxide emissions by more than 650,000 tons during a 20-year period. If you live in an area with good public transportation, do something good for the planet today. Park your car, and take the subway or the bus. If you don’t, then talk to your local and federal elected officials about the benefits of public transportation and how it may help solve some of the problems they’re wrestling with right now.

Comparative Study of Critical Resource Diagramming Versus PERT and CPM Assignment

Comparative Study of Critical Resource Diagramming Versus PERT and CPM - Assignment Example PERT is a statistical implement used in project management, it is designed to analyze and exemplify the task evaluation completing a given project (Delgado et al., 2004). It is normally used in conjunction with CPM which is known as critical path method in project scheduling and management technique. CPM is a tool used to evaluate and determine duration based on the proof of identity of â€Å"critical work† through an activity network (Delgado et al., 2004).Ultimately CPM and PERT can be merged into one to form a project scheduling technique known as CPM/PERT. The combination of both CPM and PERT makes it visually easier to view precedence relationships and gives an opportunity for ideal large projects with several activities (Delgado et al., 2004). CPM/PERT contain two major key elements: activities and events. An activity embodies an action and consumption of resources such as time, money and energy needed to complete a quota for a given plan. The activity is typically epitomized by an arrow; this is due to the fact that it encompasses resources (Delgado et al., 2004). An event, normally taken to mean node will basically occur at the beginning and the end of an activity. The events have no resources and as a result are represented by a circle (Delgado et al., 2004). When working on a complicated project, it is normally very hard for the business owner to envisage the schedule and risks. Applying the PERT/CPM can help play a major role in breaking the large efforts down into smaller tasks and show the relationships between different tasks. This can help in determining the expected outcome besides anticipating and alleviating scheduling bottlenecks (Delgado et al., 2004). Using the just-in-time (JIT) philosophy as a standard project scheduling technique can help solve the implications of Ajax project management that includes the stratagem, fabrication and introduction of a firsthand microwave oven. The just-in-time is used to eliminate wastage by cutting unnecessary inventory and doing away with the delays in operations.  

Management Psychology Essay Example | Topics and Well Written Essays - 2000 words

Management Psychology - Essay Example Convents. Institutions to take care of diseased and mentally retarded persons. Culture refers to a system of shared meaning held by members that distinguishes the nation or organization from the rest. The main function of culture is to create a distinction between nations and organizations. Culture conveys a sense of identity for organization members. Culture facilitates the generation of commitment to something larger than one's individual self interest. Culture also enhances the stability of the social system. Culture id the social glue that helps the organization held together by appropriate standards for what employees should say and do. In the articles, Goffman addresses the details of a total institution with reference to mentally retarded persons, prisons etc. There are a lot of problems in the system of total institution. Some of the major cultural mistakes include: When one wants to change an aspect of the culture of an organization one has to keep in consideration that this is a long term project. Corporate culture is something that is very hard to change and employees need time to get used to the new way of organizing. For companies with a very strong and specific culture it will be even harder to change. The following stages can be used to bring the change: Changes in culture can lead to tensions between organizational and individual interests, which can result in ethical and legal problems for practitioners. This is particularly relevant for changes in employee integrity, control, equitable treatment and job security. These are the various

Why Effective Communication Is Important Essay Example for Free

Why Effective Communication Is Important Essay 1. Understand why effective communication is important in the work setting? Communication is the key to understating and being understood. Commotion is essential for our survival and we use it in every aspect of our lives from the moment we are born. E.g. Talking, shouting, crying, reading, writing, seeing and listening. Body language and ecpressions are also use when communtatin. We all communicate with each other to achieve goals in ife, whether it be physical or emotional. Communication allows us to convey information, thought , moods. ( Eg. Happiness , sadness,anger). As a human being we all have a basic need to relate to each other and effectively expressing ourselfe through communication. In work setting it enables us to create and maintain relationships with everyone we have contact with. Identify the different reasons people communicat? There are lots of different reasons people communicate. People need to express needs and share ideas and information to build relationships and ask questions. It essential tool a caer can use to meet the needs of children. This is a basic requirerment in all jobs to communicate with individuals and their families and staff on a daily basis. 1.2 Explain how communication affects relationships in the work setting? Communication can affct relationships in many ways in a work setting. Read more:  Explain the reasons why people communicate  essay Colleagues The manager Supervisor Parents of the children and children Effective communication- is a two way proess. When communication you need to send clear and concise message to the responding party. Everyone most be understood correctly to have a response. We can also communicate by telephone, written notes, email, text messages and vocal. 2. Be able to meet the communication and language needs, wishes and preferences of individuals? Communication can be difficult, especially when you are in a situation where you are unsure of the language and abilities of those who you are associating with. Its always best when you meet someone to begin communication on your own terms; if you speak English greet them as such, although ensure that you are speaking slowly and clearly. It should be fairly easy to work out whether they have not understood due to communication impairments or language differences based upon their reaction to your initial introduction. If they have disabilities, try to communicate through body language or they may even be able to lipread; perhaps try both to see which they are receptive to, and continue from there. If they seem to be speaking a different language, you can either try speaking in a different tongue (should you know another) or again try body language. You may even know someone nearby who may be able to help you out. 2.2 Describe the factors to consider when promoting effective communication? 3. Be able to overcome barriers to communication 3.1 Explain how people from different backgrounds may use and/or interpret communication methods in different ways 3.2 Identify barriers to effective communication 3.5 Explain how to access extra support or services to enable individuals to communicate effectively Here are some ways of access extra support or services. There is a number of services that can accessed to support communication. Interpreters Translators signers aduocators There is lots of different specialisr equipment for people that need them. Induction loops braille embossers and printers makaton. The local government body should provide language support services. British sign language interpreters deaf blind interpreters lip speakers or readers You can find services y utilised by educationa; and health sevices through a booking system. There is a local authority educational deportment access to a tea support specialistis indvding speech and language therapists. You can also find information on the internt various specialist website.

Dr. Jeffrey MacDonalds Fight for Innocence Essay -- Dr. Jeffrey MacDo

Dr. Jeffrey MacDonald's Fight for Innocence Debated as one of the most misrepresented cases in American legal history, Dr. Jeffrey MacDonald still fights for innocence. Contrary to infallible evidence, prosecution intentionally withheld crucial information aiding MacDonald’s alibi. Such ratification included proof of an outside attack that would have played a major role in Jeffrey’s case. Convicted for the murders of his wife and two kids, thirty-four years ago, Dr. MacDonald still endures the agony of being accused of killing his family. Even after twenty-four years of imprisonment and several unlawful court hearings, additional documentation continues to up hold Dr. MacDonald’s testimony. It happened on a rainy night on February 17, 1970 at the base of Fort Bragg, North Carolina. Military police were responding to a call from Green Beret surgeon Dr. Jeffrey MacDonald, which they thought was a routine call. When the military police arrived they discovered the slaughtered bodies of MacDonald’s wife, Colette, who was twenty six, and his two daughters Kimberley, five, and Kristen, two. A MP who preformed mouth-to-mouth resuscitation revived Dr. MacDonald. He told the police he and his wife stayed up drinking some orange liquor. She went to bed and he stayed up to finish watching the Johnny Carson show. MacDonald fell asleep on the sofa. He was awakened by screams of his wife and daughters. MacDonald claimed that three men standing over the sofa started to attack him with a bladed weapon and a baseball bat. He identified the person holding the bat as a black man with an army jacket with E-6 stripes and two white men, one carrying the bladed weapon. Before he was knocked unconscious he said that there was a lady in the back with a large floppy hat, holding a candle and was saying â€Å"acid is groovy† and â€Å"kill the pigs.† When MacDonald woke back up he found his wife lying on the ground, and tried to revive her with mouth-to-mouth resuscitation with no success. He then found his daughters and tried to help them. This is when he called for an ambulance. The Army CID sent a new, inexperienced investigator named William Ivory to investigate the scene. Ivory decided after looking around the house that MacDonald made up the story of the killers. He also persuaded everyone that he was the culprit. This meant that everyone in Ivory’s chain... ...t his the evidence in front of a jury. Still believing in his innocence Jeff is filing for parole after fourteen years of eligibility. He is hoping to meet parole board criteria so he can be released on parole. This is a good case to show how it isn’t always the poor, black, or Hispanic groups getting tried for something they haven’t done. It shows that a white doctor could get his life destroyed by an unfair Judge and prosecutors. Works Cited Briscoe, Daren, MacDonald Wants Out. Newsweek, January 24, 2005. Vol. 145, Issue 4, p8, 1/4p, 1c. Retrieved from EBSCO database on the World Wide Web: http://web3.epnet.com/ Briscoe, Daren, The Green Beret Murders Haven’t Given Up. Newsweek, August 30, 2004. Vol. 144, Issue 9, p6, 4/5p, 1c. Retrieved from EBSCO database on the World Wide Web: http://web3.epnet.com/ Http://www.themacdonaldcase.org/case_overview.html Http://www.crimelibrary.com/notorious_murders/family/jmacdonald/2.html?sect=12 The Associated Press, DNA Tests for Jeffrey MacDonald/ Former Physician Seeks Evidence in 1970 ‘Fatal Vision’ Slayings. Newsday. March 24, 1999. Retrieved from eLibrary on the World Wide Web: http://elibrary.bigchalk.com/libweb/

The American Involvement in the Cold War

The role of America at the end of World War II was where the origins of policing the world originate. America had been engaged in a very costly war in terms of dollars as well as lives. But, despite the expense the United States came out of World War II better than any other nation that was involved. The Second World War was a battle between the Allied and Axis Powers. The Allied Powers consisted of the United States, Great Britain, the Soviet Union, China, and France. This war was seen as the fight against Nazi Germany, and therefore resulted in a majority of the battles fought on German and Russian soil. The aftermath left the Soviet Union in bad shape. Close to twenty million Russians had died fighting the war, which accounted for about eight percent of their population. Conversely, none of the fighting was done on American soil, and while the United States suffered in terms of casualties it was nothing compared to the loss Russia had endured. Because the war would not end until the Axis Powers fully surrendered to the Allied Powers, the United States was forced to use the first atomic warfare in history. The atom bomb would later serve as America's greatest possession. Stalin, the Premier of the Soviet Union had always distrusted the American and English intentions. Because of Stalin's aggression and attitude pertaining to Soviet influence on Europe, the postwar stance on Russia had turned into a standoff. This became the origin of the Cold War. The Cold War, seen as a battle between communism and capitalism, was â€Å"in reality a more complex struggle over a broad range of ideological, economic, and strategic issues. † Over the next several years the United States would spend more money on military and defense than ever before. Several measures were taken to ensure that the same mistakes at the end of World War I would not be repeated. The first in a series of measures was a postwar conference involving President Truman and the Soviet Foreign Minister, V. M. Molokov, where Truman controlled the entire meeting and basically scolded the Soviet's for not honoring agreements on Poland. Truman â€Å"told the Russians just where the got off and generally bossed the whole meeting. † This symbolized America's strong-arm stance against communism and signified the position we would hold throughout the Cold War. The next step in Truman's agenda was to work with Congress to pass the National Security Act of 1947, which was designed to strengthen defense operations. This act created a single Department of Defense, and created the Central Intelligence Agency, or CIA. These two new agencies acted as the first step in atomic warfare management. Continuing to act as police of the world and leader of capitalism, Truman drafted the Marshall Plan. The Marshall Plan, which complemented the Truman Doctrine, â€Å"was a program of large scale economic and military aid to Europe. Considered by some, this was the most â€Å"innovative piece of foreign policy in American History. Where over the next four years the United States contributed over $12 billion to a highly successful recovery effort. † The Soviet Union stilled commanded a blockade on highway, rail, and river traffic to West Berlin. As a result, the United States responded by entering into a peacetime military alliance; this being the first time since the American Revolution. The North Atlantic Treaty Organization (NATO) a project costing $1. billion, enabled the basing of all four United States Army divisions into Western Europe. Twelve nations agreed to sign this pact that stated â€Å"an armed attack against one or more of them in Europe or North America shall be considered an attack against them all. † Consequently, a few months later, Stalin â€Å"lifted the blockade which had made the city a symbol of resistance to communism. † Between the creation of NATO, the National Security Act and CIA, and the Marshall Plan, America was dictating their position with Russia and communism. These measures made it possible for Americans to become more comfortable with the Cold War. While all of these governmental policies were being put into action, Americans were settling back into the ideology of family and free enterprise. The post-war period became one of the most exciting in American history. With the rising economy and feeling of consumerism, Americans were rebounding from their efforts in World War II. Capitalism was on the rise and the â€Å"Apple Pie† portrait of middle class suburban families was shaping the country. America was now the wealthiest country in the world and Americans had â€Å"accumulated savings of $140 billion† in 1945. â€Å"Over the next two decades the gross national product more than tripled,† signifying prosperity. Between 1945 and 1960, the gross national product would grow from $213 billion to more than $500 billion, while real income would rise 25 percent. Included in these figures was the percent of American families owning homes, which grew from 43 percent to over 60 percent in this same time period; this created the suburban explosion. This suburban lifestyle was intended to symbolize the superiority of capitalism over communism and imply that the American way of life would win the Cold War. † Americans were again beginning to see the capitalist society they fought for, and the confidence level of the country continued to rise throughout the 1960's. The people cannot create a great nation themselves; great leaders must direct them. Besides the three Presidents who led America throughout the end of World War II and through the Cold War, there were many influential voices that helped to shape the views of the public. Among these influential people was a man named George F. Kennan. He was a member of the United States embassy to the Soviet Union and author of the â€Å"long telegram† which was sent to the heads of state in Washington D. C. In his telegram, Kennan described the Soviets as insecure, inferior, and less advanced than Americans. â€Å"As Russia came into contact with the economically advanced West, fear of more competent, more powerful, more highly organized societies,† was the general message Kennan was trying to get across. Because he saw the country from the inside Kennan also believed the United Sates should † pursue a policy of firm containment†¦ at every point where the Soviets show signs of encroaching upon the interest of a peaceful and stable world. † This opinion and idea of the relationship between the United States and Russia should have been widely accepted by Americans. They backed this idea of aggressive behavior, rather than a passive approach to the Cold War. Conversely, postwar liberal such as Henry Wallace, â€Å"a Progressive Party leader, continued to seek cooperation with the Soviet Union and defended the participation of Communists in their organizations. † These ideals were quickly silenced. The American majority, being extremely anti-communist, felt relations with the Soviet Union should be harsh and firm. This period introduced American dominance in foreign policy. The ideals of personal freedom and opportunity were the driving forces behind Western philosophy throughout the Cold War. Not only were these principles showcased, they were set as the benchmark of equality for the human race.

Belief in God a basic belief

  From the most ancient known history of mankind, as well as from the oldest relics of antiquity that we have been able to obtain, it appears that in every age man had recognized some form of deity. Even in the present age, every nation on the face of the earth, from the most primitive to the most civilized, does believe in and worship some deity. Many philosophers argue that the idea of having a deity and of worshipping him is ingrained in human nature. Such philosophers contend that there is something within a man’s soul which forces him to do so.For many a philosopher, the belief in God has its origins in the very nature of man. Man is not self-sufficient and his powers are limited. He is weak, frail and helpless in front of the powers of nature. It is this sense of vulnerability and powerlessness which has compelled philosophers to seek the assistance of a superior being. By worshipping and seeking the pleasure of such a supreme being, human beings can conquer their fear s and suppress their apprehensions.â€Å"The craving for religious faith being largely an outcome of fear† (Russell, 1975, p. 43). It is in the realm of morality and ethics that philosophers have found religion and belief in God the most indispensable. Such philosophers are of the view that the moral and ethical structure in existence would fall down if this belief is eliminated. Thus, in this regard, Bertrand Russell contends that â€Å"if people solve their social problems Religion will die out† (Russell, 1975, p. 136).Being a classical proponent of natural theology, Thomas Aquinas believed that the existence of God is neither self-evident nor beyond proof. Therefore, while placing his belief in God, he proposed a different approach to understand the divine nature. This approach, commonly known as the ‘via negative’ is to consider what God is not. This helped him to elaborate the divine qualities. References Nichols, A. (2002). Discovering Aquinas. Michi gan: Eerdmans Publishing Company. Russell, B. (1975). Bertrand Russell’s Best. Chicago: Mentor Publishing Company.

Different Versions of the Birth of Dionysus

Different Versions of the Birth of Dionysus In Greek mythology, there are often different and conflicting versions of mythological events. The story of the birth of Dionysus is no different, and Dionysus complicates matters by having different names. Here are two versions of the birth of Dionysus and one of the related birth of Zagreus: From a union between Persephone and Zeus in serpent form sprang the horned god Zagreus. Jealous Hera persuaded the Titans to attack the infant god as he looked into a mirror. Not only did they tear him to pieces, but the Titans ate him all but his heart which Athena rescued. From this organ, the rest of the god was resurrected. Semele is impregnated by drinking a preparation made from the heart of Dionysus who had been torn to pieces by the Titans. [Pseudo-Hyginus, Fabulae 167]Most familiar is the story of Semeles impregnation by Zeus but failure to live long enough to give birth to the child. To save the fetus, Zeus sewed him inside himself and gave birth through his leg when the time came.(ll. 940-942) And Semele, daughter of Cadmus was joined with him in love and bare him a splendid son, joyous Dionysus, a mortal woman an immortal son. And now they both are gods. Hesiod, Theogony (trans. Evelyn-White) Homeric Hymn1 to Dionysus ((LACUNA))(ll. 1-9) For some say, at Dracanum; and some, on windy Icarus; and some, in Naxos, O Heaven-born, Insewn; and others by the deep-eddying river Alpheus that pregnant Semele bare you to Zeus the thunder-lover. And others yet, lord, say you were born in Thebes; but all these lie. The Father of men and gods gave you birth remote from men and secretly from white-armed Hera. There is a certain Nysa, a mountain most high and richly grown with woods, far off in Phoenice, near the streams of Aegyptus.((LACUNA))(ll. 10-12) ...and men will lay up for her many offerings in her shrines. And as these things are three, so shall mortals ever sacrifice perfect hecatombs to you at your feasts each three years.(ll. 13-16) The Son of Cronos spoke and nodded with his dark brows. And the divine locks of the king flowed forward from his immortal head, and he made great Olympus reel. So spake wise Zeus and ordained it with a nod.(ll. 17-21) Be favourable, O Insewn, Inspirer of frenzied women! we singers sing of you as we begin and as we end a strain, and none forgetting you may call holy song to mind. And so, farewell, Dionysus, Insewn, with your mother Semele whom men call Thyone.Source: The Homeric Hymns I. To Dionysus [3.4.3] But Zeus loved Semele and bedded with her unknown to Hera. Now Zeus had agreed to do for her whatever she asked, and deceived by Hera she asked that he would come to her as he came when he was wooing Hera. Unable to refuse, Zeus came to her bridal chamber in a chariot, with lightning and thunderings, and launched a thunderbolt. But Semele expired of fright, and Zeus, snatching the sixth-month abortive child from the fire, sewed it in his thigh. On the death of Semele, the other daughters of Cadmus spread a report that Semele had bedded with a mortal man, and had falsely accused Zeus and that therefore she had been blasted by thunder. But at the proper time, Zeus undid the stitches and gave birth to Dionysus, and entrusted him to Hermes. And he conveyed him to Ino and Athamas, and persuaded them to rear him as a girl.- Apollodorus 3.4.3

Human Rights Issues and Terrorism

Human Rights Issues and Terrorism The concept of human rights was first expressed in the 1948 Universal Declaration of Human Rights, which established recognition of the inherent dignity and inalienable rights of all members of the human family.   Human rights are relevant to terrorism as concerns both its victims and its perpetrators. The innocent victims of terrorism suffer an attack on their most basic right to live in peace and security. The suspected perpetrators of attacks also have rights, as fellow human beings, in the course of their apprehension and prosecution. They have the right not to be subject to torture or other degrading treatment, the right to be presumed innocent until they are deemed guilty of the crime and the right to public trial. The War on Terror Focused Human Rights Issues The Al Qaeda attacks of September 11, the subsequent declaration of a global war on terror, and the rapid development of more stringent counter-terrorism efforts have pitched the issue of human rights and terrorism into high relief. This is true not only in the United States but in a number of countries who have signed on as partners in a global coalition to crack down on terrorist activity. Indeed, following 9/11 a number of countries that routinely violate the human rights of political prisoners or dissidents found tacit American sanction to expand their repressive practices. The list of such countries is long and includes China, Egypt, Pakistan, and Uzbekistan. Western democracies with long records of an essential respect for human rights and institutional checks on excessive state power also took advantage of 9/11 to erode checks on state power and undermine human rights. The Bush Administration, as the author of the global war on terror has taken significant steps in this direction. Australia, the UK, and European countries have also found advantage in restricting civil liberties for some citizens, and the European Union has been accused by human rights organizations of facilitating the rendition- the illegal detention and transport of terrorist suspects to prisons in third countries, and where their torture is all but guaranteed. According to Human Rights Watch, the list of countries who found it to their benefit to use terrorism prevention to intensify their own crackdown on political opponents, separatists and religious groups, or to advance unnecessarily restrictive or punitive policies against refugees, asylum-seekers, and other foreigners immediately following the 9/11 attacks includes: Australia, Belarus, China, Egypt, Eritrea, India, Israel, Jordan, Kyrgyzstan, Liberia, Macedonia, Malaysia, Russia, Syria, the United States, Uzbekistan and Zimbabwe. Human Rights for Terrorists Are Not at the Expense of Victims Rights The focus by human rights groups and others on the preservation of terrorist suspects human rights may seem jarring, or as if that focus comes at the expense of attention to the human rights of terrorisms victims. Human rights, however, cannot be considered a zero-sum game. Law Professor Michael Tigar put the issue eloquently when he pointed out  that governments, because they are the most powerful actors, have the greatest capacity for injustice. In the long term, an insistence that all states prioritize human rights and prosecute illegitimate violence is the best defense against terrorism. As Tigar puts it, When we see that the struggle for human rights in all the world is the surest and best means to prevent and to punish terrorism properly so-called, we then understand what progress we have made, and we will see where we need to go from here. Human Rights and Terrorist Documents The Universal Declaration of Human RightsHuman Rights Watch list of countries violating rights in the name of anti-terrorismHuman Rights and Terrorism Commission on Human Rights resolution 2003/37Protection of Human Rights and Fundamental Freedoms while Countering Terrorism

The Nine book Research Paper Example | Topics and Well Written Essays - 1000 words

The Nine book - Research Paper Example while looking at the import of the court (Toobin). The court through time since inception has been lucky to hear and determine matters of every nature, ranging from abortion, civil rights, freedom of speech, privacy and the rights of criminal suspects. The court by listening to and determining these matters set precedents for itself and other inferior courts of the land by which they are bound. This paper looks at some of these cases while looking to analyze them in detail (Toobin). The author in page 50 decided to look at this case because it sought to challenge a pivotal case in the abortion regime of law, the decided case of Roe v. Wade. No. 410 U.S. 113. Supreme Court. 1973 which had established the woman’s right under the 14th Amendment to procure an abortion on her own terms balanced against the state’s rights to protecting the woman’s rights and prenatal care. The Planned Parenthood case sought to propose a new legal framework to replace the status quo held by Roe v. Wade (Toobin). It sought in page 52 to introduce the concept of ‘undue burden’ to the woman, ensuring that this was the only way in which the state would have an opportunity to act on regulations against the woman’s privacy as regards the procedure. The author posits in page 58 that the final judgment of the court ensured that the Roe v. Wade had been recast by ensuring that the state would not prohibit early-term abortions which was reflective of public opinion at the time (Toobin). The issue of abortion at this point was well settled, with the majority of public opinion inkling towards the woman’s right to control her body. The one arm of society that did not feel the same way was the religious arm of society. This is because they felt that human beings were losing the religious battle by playing God in deciding whether or not a baby lives or dies. At page 90, the author informs us of the struggle by the

Study abroad Essay Example | Topics and Well Written Essays - 1500 words

Study abroad - Essay Example Being able to navigate around foreign countries over time increases the chances for a student to be self-sufficient as they learn to provide for themselves. Interacting with people from different cultures also allows students to challenge their long-held beliefs; more importantly, this demands that students look into their own native culture and appreciate its uniqueness. This is because they will have the opportunity to identify differences and similarities with the cultures in the foreign countries, which in turn teaches them to be accommodating of others. In addition, students are bound to find themselves in situations where their personal identity is questioned or criticized where this gives them a chance to develop confidence and self-esteem as they give out responses. All these experiences go a long way in shaping the character of student looking to excel in their chosen career. Why it should be made a necessity to study abroad International experiences, especially long-term on es that last for a semester or a year help build a student both professionally and personally. A student has a better chance of accessing employment and further education opportunities. It becomes important for institutions to encourage their students to take advantage of opportunities to study abroad, even if for a semester only. Such encouragement helps students get over their personal fears and instead consider the opportunities for personal growth that are available through international experiences. In addition, institutions need to guide students through the application process for such programs and take them through the preparation process of moving there and settling in while finding means of fending for themselves. The core reason for advocating for studying abroad is that is help students gain exposure as this enables them to adjust their way of thinking, attitudes and builds their skills. This exposure is essential in helping students become empowered and feel confident e nough to participate in a global job market (Lewin, 2009). The second core reason is based on employers’ perception of students who have studied abroad. A study done by Trooboff, Van de Berg and Rayman revealed that employers value the ability to be flexible and adaptable and that these skills are enhanced by studying abroad. Additionally, the personal quality of being open to and non-judgmental about people from varying cultural backgrounds was seen as being valuable to employers, and enhanced by studying abroad. Being observant and a good listener also ranked high among qualities valued by employers and enhanced by studying abroad though this was superseded by qualities such as being willing to take risks in order to learn new things, being cognizant that one’s worldview is not universal and having knowledge about more than one culture outside the United States. Overall, the skills/ personal qualities ranked the highest were ability to work under pressure and being a ble to work effectively in teams where both were seen as being enhanced further by studying abroad. Following an international and global competence criteria developed by Hunter and Deardoof, this study ranked the highest three personal qualities as being important when employers are hiring as well as being enhanced by international study. These are being able to communicate, interact and effectively work outside one’s comfort zone, getting along well with persons from varying races and cultures and

Selling kidney illegally Essay Example | Topics and Well Written Essays - 750 words

Selling kidney illegally - Essay Example This is why there is a rising demand for kidneys. That a black market in illegal kidney selling exists cannot be denied but it does so because supply from legal sources is unable to keep up with the rising demand nowadays. There are long waiting lists and many people are left with no choice but to seek kidneys from the abundant illegal sources. The problem is that this has become an affair that is unregulated. As a result, racketing is proliferating, the conditions under which the illegal transplants take place are usually highly risky, the poor in particular are exploited, and numerous other problems prevail. The only solution is regulations, which will be argued for in detail. We shall also cite the story of Moshe, a victim of the black market, and consider the experience of Iran, where the practice is legal, as a model. Unfortunately, this demand for kidneys cannot be met as long as kidney selling remains illegal. Officially conducted transplants are the only legal option but there is a shortage in the available number of willing donors. There are long waiting lines for people that need a new kidney transplant, and according to UNOS, the waiting list for kidney donations is the longest organ-specific waiting list. The number of patients on the U.S. waiting list reached â€Å"97,670 as of Dec. 31, 2007†¦ an increase of nearly 84 percent in 10 years†¦Ã¢â‚¬  (Medical News Today) The wait does not end quickly either, and according to a Harvard Medical School report, the average waiting time between listing and transplantation is projected to be nearly 10 years by 2010 (Gaston, 2003). Also, whilst people are waiting their health is ailing, and deaths are not rare. For example, â€Å"In 2007, nearly 6,000 people died while on the waiting list†¦Ã¢â‚¬  (ibid) So the wait is not only long , but also in many cases can prove to be fatal. The demand for kidneys is so great that a black market thrives to fulfill it. But it is unregulated and not without

Principles of Liability in Negligence in Business Activities

Principles of Liability in Negligence in Business Activities Aspects of Contract and Negligence for Business Ingrida Miseviciute Table of Contents Task 1 (AC3.1)1 Task 2 (AC3.2)2 Task 3 (AC3.3)3 Task 4 (AC4.1)4 Task 5 (AC4.2)5 References6 LO 3 Understand principles of liability in negligence in business activities Task 1 (AC 3.1) Liability in Tort Contractual liability Definition: A tort is a legal term describing a violation where one person causes damage, injury, or harm to another person. The violation may result from intentional actions, a breach of duty as in negligence, or due to a violation of statutes. Explanation: The party that commits the tort is called the tortfeasor. A tortfeasor incurs tort liability, meaning that they will have to reimburse the victim for the harm that they caused them. In other words, the tortfeasor who is found to be â€Å"liable† or responsible for a person’s injuries will likely be required to pay damages. Damages: Under most tort laws, the injury suffered by the plaintiff does not have to actually be physical. A tortfeasor may be required to pay damages for other types of harm, including emotional distress or a violation of personal rights. Types: Joint Liability Vicarious Liability Liability to/for Third Parties Plaintiff/victim Liability Strict Liability Parent Liability. Definition: Contractual liabilityis defined as liability that does not arise by way of negligence, but by assumption under contract or agreement. Explanation: A contract is a legal binding agreement between two or more persons. When you sign, or agree to the terms of a contract, then you have accepted the contractual liabilities set forth in the document. Damages: Liabilities are things that you can be held accountable for, and may have to repay or replace, in the event that they occur. For example, a renter’sagreement may state that, If upon moving out of the premises stated in the contract, any part of the premises is destroyed, you may be accountable for and have to pay to repair, or replace the damage. Types: Contractual liability can take many forms, but is basically holds you accountable for damages that are stated in the contract. For example, Commercial contracts, domestic contracts and so forth. Task 2 (AC3.2) Negligence is a failure to use reasonable care that results in harm to another party. There are four important elements to a negligence lawsuit that must be proven: The defendant owed a duty, either to the plaintiff or to the general public The defendant violated that duty The defendants violation of the duty resulted in harm to the plaintiff The plaintiffs injury was foreseeable by a reasonable person. Donohughe V Stevenson (1932) This famous case established the civil law tort of negligence and obliged manufacturers to have a duty of care towards their customers. The events of the complaint took place in Scotland in 1928, when Ms May Donoghue was given a bottle of ginger beer, purchased by a friend. The bottle was later discovered to contain a decomposing snail. Since the bottle was not of clear glass, Donoghue was not aware of the snail until she had consumed most of its contents. She later fell ill and was diagnosed with gastroenteritis by a doctor. Donoghue subsequently took legal action against the manufacturer of the ginger beer, Stevenson. She lodged a writ in the Court of Sessions (Scotland’s highest civil court) seeking  £500 damages. Because her friend had purchased the drink, Donoghue could not sue on the basis that a contract had been breached; her lawyers instead had to claim that Stevenson had a duty of care to his consumers and that he had caused injury through negligence – an area of civil law that was largely untested at that time. Stevenson’s lawyers challenged the action on the basis that no precedents existed for such a claim. However Donoghue was later granted leave to appeal to the House of Lords, which then had the judicial authority to hear appellate cases. The leading judgement, delivered by Lord Atkin in 1932, established that Stevenson should be responsible for the well-being of individuals who consume his products, given that they could not be inspected. The case was returned to the original court; Stevenson died before the case was finalised and Donoghue was awarded a reduced amount of damages from his estate. This case established several legal principles: Firstly, that negligence is a distinct tort. A plaintiff can take civil action against a respondent, if the respondent’s negligence causes the plaintiff injury or loss of property. Previously the plaintiff had to demonstrate some contractual arrangement for negligence to be proven, such as the sale of an item or an agreement to provide a service. Since Donoghue had not purchased the drink, she could prove no contractual arrangement with Stevenson – yet Atkin’s judgement established that Stevenson was still responsible for the integrity of his product. Secondly, manufacturers have a duty of care to consumers. According to Lord Atkin’s ratio decendi, â€Å"a manufacturer of products, which he sells †¦ to reach the ultimate consumer in the form in which they left him †¦ owes a duty to the consumer to take reasonable care†. This precedent has evolved and expanded to form the basis of laws that protect consumers from contaminated or faulty goods. Thirdly, Lord Atkin’s controversial ‘neighbour principle’. Here Atkin raised the question of which people may be directly affected by our actions, our conduct or things we manufacture. â€Å"You must take reasonable care to avoid acts or omissions which you can reasonably foresee would be likely to injure your neighbour. Who, then, in law, is my neighbour? The answer seems to be: persons who are so closely and directly affected by my act that I ought to have them in [mind] when I am I am [considering these] acts or omissions.† Task 3 (AC3.3) Vicarious liability is a situation in which one party is held partly responsible for the unlawful actions of a third party. The third party also carries his or her own share of the liability. Vicarious liability can arise in situations where one party is supposed to be responsible for (and have control over) a third party, and is negligent in carrying out that responsibility and exercising that control. If an employee injures someone in the course of their employment, the employer may be subject to vicarious liability. This simply means that the injured person may be able to win compensation for the harm from the employer, rather than the employee. This is not to say, though, that the employee can always count on getting away scot-free. Even if there is vicarious liability, the injured person does not necessarily give up any right he may have to pursue the employee individually. If, for some reason, the injured person is unable to get full compensation from the employer, then he might seek to recover the balance from the employee. In addition, the employer may well seek reimbursement for any amount paid to the injured person (although in practice this rarely occurs). Generally, employers dispute vicarious liability claims on the following grounds: The person who caused the harm was not an employee, but an independent contractor or other non-employee worker; The employee did not harm the injured person in the course of the employees employment. An illustration of the test is provided by two contrasting cases, [Limpus v London General Omnibus Company] and [Beard v London General Omnibus Company], both involving road collisions. In the former, a driver pulled in front of another rival omnibus, in order to obstruct it. Despite express prohibitions from the employer, they were found liable; this was merely an unauthorised mode of the employee carrying out his duties (driving), not an entirely new activity. By contrast, in the latter case, London General Omnibus Company were not liable where a conductor (employed to collect fares on board the bus) negligently chose to drive the vehicle instead; this was completely outside of his duties. LO 4 Be able to apply principles of liability in negligence in business situations Task 4.1(AC4.1) A tort, in common law jurisdictions, is a civil wrong which unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the act. Although crimes may be torts, the cause of legal action is not necessarily a crime, as the harm may be due to negligence which does not amount to criminal negligence. The victim of the harm can recover their loss as damages in a lawsuit. In order to prevail, the plaintiff in the lawsuit must show that the actions or lack of action was the legally recognizable cause of the harm. The equivalent of tort in civil law jurisdictions is delict. Tort law is different from criminal law in that: (1) torts may result from negligent but not intentional or criminal actions and (2) tort lawsuits have a lower burden of proof such as preponderance of evidence rather than beyond a reasonable doubt. Sometimes a plaintiff may prevail in a tort case even if the person who caused the harm was acquitted in an earlier criminal trial. For example, O.J. Simpson was acquitted in criminal court and later found liable for the tort of wrongful death. Torts may be categorized in several ways, with a particularly common division between negligent and intentional torts. The standard action in tort is negligence. Negligence is a tort which arises from the breach of the duty of care owed by one person to another from the perspective of a reasonable person. The majority determined that the definition of negligence can be divided into four component parts that the plaintiff must prove to establish negligence. The elements in determining the liability for negligence are: The plaintiff was owed a duty of care through a special relationship (e.g. doctor-patient) or some other principle. There was a dereliction or breach of that duty. The tortfeasor directly caused the injury [but for the defendants actions, the plaintiff would not have suffered an injury]. The plaintiff suffered damage as a result of that breach. The damage was not too remote; there was proximate cause to show the breach caused the damage. Elements of Negligence Proximate cause Proximate cause means that you must be able to show that the harm was caused by the tort you are suing for. The defence may argue that there was a prior cause or a superseding intervening cause. A common situation where a prior cause becomes an issue is the personal injury car accident, where the person re-injures an old injury. Duty of care It arises when one party creates a scenario that has the potential to harm the other party. Duty focuses on relationship between the two parties: The test whether the defendant owes a duty of care to plaintiff includes: Would a reasonable person have foreseen that the actions would have caused harm to the plaintiff? Reasonable person represents an objective standard. Breach of duty Breach of duty occurs when a â€Å"reasonable person† is not exercising the degree of care that would have expected from him/her in that situation. Reasonable person is an average person. It does not require perfection, but takes into account that an average person does not foresee every risk. The average person is not assumed to be flawless, but ordinarily careful and prudent. Actual Harm Actual harm could be in the form of physical or emotional injuries, property damages or financial loss. The main remedy against tortious loss is compensation in damages or money. According to the scenario, Chris was in an internet cafe. He got up to purchase a coffee and was slipped on some water that was on the floor and broke his arm. This depends upon the intention of Chris. If Chris slipped intentionally and did foresee this accident, then the cafe’ will not be responsible for the damages caused. If this is not the case, then the elements of negligence need to be applied to see if Chris can claim the damages. Negligence is important aspect to look at, means that the defendant (the cafe’) failed to act in a reasonable manner under the circumstances. For example, it is reasonable to expect that the cafe’ placed a warning signs in recently mopped areas or wet surface. If this is not done, then it means that the cafe’ did not fulfil the duty of care. Chris can claim damages as a result of it as he slipped and broke his arm. There are various implications on the scenario in terms of duty of care, negligence (intentional or otherwise) and it is up to the court to decide the outcome. Task 5 (AC4.2) Two clear elements must be established in order to establish a vicarious liability: Was the tortfeasor the defendant’s employee; and Was the tortfeasor acting in the course of his or her employment at the time the tort was committed. The existence of a relationship of employer and employee Many tests have been suggested for distinguishing between a contract of service and a contract for services. These include: Control test Ready Mix Concrete Ltd v Minister of Pensions and National Insurance (1968) Integration test – Stevenson Jordan Harrison Ltd v MacDonald Evans (1952) Organisation Test – Albrighton v Royal Prince Alfred Hopital (1980) â€Å"The ultimate question will always be whether a person is acting as the servant of another or on his own behalf and the answer to that question may be indicated in ways which are not always the same and which do not always have the same significance†. Conclusion as to whether defendant is an employer or contractor. If the defendant is an independent contractor the employer can’t be vicariously liable for the acts of that contractor. The employer will only be liable (as a primary liability) if the employer’s tortious duty is, in law, non-delegable: Kondis v STA; Burnie Port Authority v General Jones Pty Ltd. Was the employee acting within the course of employment? General rule is that whilst acting in the course of employment the employer is not vicariously liable for independent wrongful acts of employees (Bugge Brown). In determining the scope of the employment relationship the actions of the employee must be reasonably incidental to employment i.e. the employer is not vicariously liable if the employee is on a frolic of their own (Joel v Morison). (Situations to consider the necessary authorities) Wrongful mode of completing authorised act – employer vicariously liable (Bugge Brown) Express prohibition by employer not necessarily a defence if the employee’s act was still a mode of doing what he employee was employed to do – employer vicariously liable (Century Insurance Company v Northern Island Road Transport). Acting outside scope of employment relationship – employer not vicariously liable (Koorang Investments v Richardson). Driving cases For example, there are a number of truck driving cases where the court has had to decide whether the driver was acting within the course of his employment when driving the vehicle outside a designated route. Essentially, the pattern seems to be that if the drivers job is to get from Point A to Point B, and his detour from the designated route was simply another way of getting to Point B, then he is acting within the course of his employment. On the other hand, if the driver takes a detour for some other, non-business purpose (such as picking up a girlfriend and taking her shopping) then he would likely be regarded as acting outside the course of his employment. According to the scenario, Trevor is a driver who drives a lorry for a Haulage firm. He delivers deliveries for the company which suggests that he is an employee of the firm. Whilst at work, he detours the lorry and meets his girl friend. This is a non business purpose which means he is acting outside the scope of his duties. As he leaves his girlfriend’s house to continue deliveries, he negligently crashes into a car park. As stated above, two conditions must be met in order to establish a vicarious liability: was the tortfeasor the defendant’s employee; and Was the tortfeasor acting in the course of his or her employment at the time the tort was committed. In this case, the tortfeasor was Chris and the defendant is the Haulage firm. Chris was an employee and also he was acting in the course of his employment to meet his girlfriend and later on crashes his lorry. The vicarious liability is established and hence Chris is liable and not the haulage firm. References Tort Liability (2014). Available: http://www.legalmatch.com/law-library/article/tort-law-liability.html. [Last accessed 10 March, 2014] Donoghue V Stevenson (1932). Available: http://lawgovpol.com/case-study-donoghue-v-stevenson-1932/. [Last accessed 12 March, 2014]. Negligence (2014). Available: http://www.lawyersandsettlements.com/lawsuit/negligence.html?opt=cutm_expid=36075225.Uj6X3hD9S1KR79nt0Iy0tA.1utm_referrer=https%3A%2F%2Fwww.google.co.uk%2F#.UySBAj9_sSM. [Last accessed 12 March, 2014] Accidents and injuries (2014). Available: http://www.findlaw.co.uk/law/accidents_and_injuries/accident_claims/500045.html. [Last accessed 13 March, 2014] Vicarious Liability (2014). Available: http://en.wikipedia.org/wiki/Vicarious_liability_in_English_law. [Last accessed 13 March, 2014] Breach of duty (2014). Available: http://en.wikipedia.org/wiki/Breach_of_duty_in_English_law. [Last accessed 14 March, 2014] Tort (2014). Available: http://en.wikipedia.org/wiki/Tort. [Last accessed 14 March, 2014] Eustace, D, (2007) Negligent Misstatement – Dillon Eustace. Keenan, D., and Smith, K., (2006) Law for Business (13th Edition) Pearson Education Limited. McKendrick, E. Contract Law (2000). fourth edition. McMillan. Basington. Poole, J. Casebook on Contract Law (2001). 5th edition. London. Vickneswaren, K., (1997) Obligations: Contract Law (1st Edition) Old Bailey Press: London.