Wednesday, November 27, 2019

The Catcher In The Rye Essays (999 words) - Literary Realism

The Catcher in the Rye In The Catcher in the Rye, Holden views the world as an evil and corrupt place where there is no peace. This perception of the world does not change significantly through the novel. However as the novel progresses, Holden gradually comes to the realization that he is powerless to change this. During the short period of Holden's life covered in this book, "Holden does succeed in making us perceive that the world is crazy".1 Shortly after Holden leaves Pencey Prep he checks in to the Edmont Hotel. This is where Holden's turmoil begins. Holden spends the following evening in this hotel which was "full of perverts and morons. (There were) screwballs all over the place."2 His situation only deteriorates from this point on as the more he looks around this world, the more depressing life seems. Around every corner Holden sees evil. He looks out on a world which appears completely immoral and unscrupulous. The three days we learn of from the novel place a distressed Holden in the vicinity of Manhattan. The city is decked with decorations and holiday splendor, yet, much to Holden's despair "seldom yields any occasions of peace, charity or even genuine merriment."3 Holden is surrounded by what he views as drunks, perverts, morons and screwballs. These convictions which Holden holds waver very momentarily during only one particular scene in the book. The scene is that with Mr. Antolini. After Mr. Antolini patted Holden on the head while he was sleeping, Holden jumped up and ran out thinking that Mr. Antolini was a pervert as well. This is the only time during the novel where Holden thinks twice about considering someone as a pervert. After reviewing Mr. Antolini, Holden finally concludes that maybe he wasn't making a "flitty" pass at him. Maybe he just like patting guys heads as they sleep. This is really the only time in the novel where Holden actually considers a positive side. This event does not constitute a significant change. As Holden himself says, "It's not too bad when the sun's out, but the sun only comes out when it feels like coming out."4 The sun of course is a reference to decency through the common association of light and goodness. His perception of the world remains the same. The one conviction that does change during the novel is Holden's belief that he can change the world. On his date with Sally, Holden reveals his feelings. "Did you ever get fed up?... I mean did you ever get scared that everything was going to go lousy unless you did something..."5 Holden goes through several plans. Holden at one point contemplates heading out west where he will pretend to be a deaf-mute and live a quiet life. At another point Holden proposes to Sally to escape this world with him. It is finally to his younger sister Phoebe that Holden reveals his ultimate plan. Although Holden describes the situation in a very picturesque and symbolic manner he essentially tells Phoebe that he wants to prevent children from growing up. He blames the world's corruption on adults and believes that when he stops the children from growing up he will preserve their innocence and save the world. It takes most of the book before Holden begins to realize that he is helpless to stop this corruption. Finally, he realizes that not only is there nothing that he can do, but there is nowhere he can go to hide from it. Holden takes awhile to comprehend these concepts. One good example is when Holden is delivering the note to his sister. He encounters a "fuck-you" written on the wall. Holden careful rubs this off with his hand so as to protect the innocent children from reading it. Later on he finds "fuck-you" scratched into the surface with a knife. He discovers that he can't efface this one. Even in the timeless peace of the Egyptian tomb room at the museum there is an un-erasable "fuck-you." This incident is the beginning of Holden's realization that his dreams are infeasible.6 Ironically enough, it is one of the "innocent" children that he is trying to protect who helps him come to terms with this realization. It is

Sunday, November 24, 2019

hamlet research paper

hamlet research paper hamlet research paper Dwight Tucker March 11, 2013 English VI Ms. Morrell Hamlet Research Paper In William Shakespeare’s Hamlet, prince of Denmark has been interpreted in numerous ways. Throughout the play Hamlet takes on different roles, making it hard to define him as only one character type. Hamlet gave off the image he was insane at times when his mind was really at ease. Though it seems Hamlet is insane, there is evidence showing he is not a mad man. Hamlet says he is not mad almost throughout the whole book, shearing his feelings and emotions with just about anyone that means something to him. On the other hand even the ones that are close to him think otherwise. As a reader I could understand why they thought such ways about him. Hamlet is very angry at the fact that his mother married his father’s brother, right after his own death. Those actions triggered anger within hamlet that was only toward the ones that was after him. Mostly at King Claudius, but there is reason behind it all as Hamlet said â€Å"I am but mad north-north-west, when the wind is southerly, I know a hawk from a hand saw.†(II.ii.378-379). Hamlet means that when a certain situation happens, or when certain people are around, he can be mad. For example when he was talking to Rosencrantz and Guildenstern right before the play starts, they were thinking of what Hamlet meant so they can transfer the message to Claudius, but the message was too confusing for them to send. As said before there is method behind Hamlet so called madness, it’s all a part of a plan that him and King Hamlet strategized on top of the roof. Hamlet could easily obtain himself he states â€Å"It is not madness that I have uttered. Bring me to the test. I the matter will reword which madness would gamble from† (iii.iv.143-146) Hamlet is explaining that madness is not what he’s suffering from. If it were to come down to something that tested him, he would prove that he isn’t mad. Also to only have revenge on the murderer of his father on hi s mother new husband. He also tells her to stop seeing his uncle by saying â€Å"that aptly is put on refrain tonight† (iii.i.200). That’s the only way that Gertrude is going to see what she is doing wrong, and that is by stepping away from the situation. Hamlet is also pretending to act as if he is insane to fool King Claudius. So Hamlet begins to seek for information about his father death. Hamlet has met with his best friend Horatio and he tells Hamlet that he has seen his father as a ghost and he has requested that he want to talk with him. After the meeting between Hamlet and his father, he feels that its only right to put on an act. Hamlet says â€Å"As I perchance here after shall think meet to an antic disposition on† (i.v.172-173) after the conversation that his dead father had changes his attitude, which made him, put on an act to bother some of the people that were involved in his father death. As said by an outside sources â€Å"Hamlet pretends to be mad in order to deflect his uncles suspicion; his ruse is a complete failure, as indeed it logically open to a secret murder† (Greenblatt, 219) not only do Hamlet notice that it’s a secret murder the readers do to. Hamlet dislikes Claudius because of all the things that transpired with him and his mother. Because of this, Hamlet is very emotional and his hate toward Claudius just gets miscounted as â€Å"madness†. The hate toward him gets stronger, â€Å"O villain, villain, smiling, damned villain! My tables- meet it is I set it down that one may smile and smile and be a villain. At least I am sure it may be so in Denmark† (i.v.166-167) this is hamlet moving into the phase of anger at his father’s killer. The repetition also shows that he is really serious about this. Everything that’s done by hamlet is meaning behind it, there is logic, an explanation for majority of his actions. Not speaking for everything that hamlet has done he has thought about, but for the things he planned to do and mapped out. I find hamlets

Thursday, November 21, 2019

Gender and Work Roles in Society Essay Example | Topics and Well Written Essays - 750 words

Gender and Work Roles in Society - Essay Example Mom and Dad have changed. Moms today are many things to many people. Mothers have always been the ones that are responsible for making decisions related to the children and the home. Now fathers are accepting some of that role and Mom at the same time is accepting and appreciating some of the outside role of work. The changing role of Mom today includes career, home care, education of the children, healthy living for the family, as well as the expectation that she will remain healthy by caring for herself. Fathers have learned to do the things that were only for women to do as well as juggle family and home. It is not unusual today to see a Dad going down the street with a backpack full of baby downtown. Mom may be at work or she may just be out with the girls. What a change. Researchers have noted two particular trends in this generation of young workers. Young women are looking for more responsibility in their jobs, not less. That is the opposite of what was true in the 90's as women chose to have less responsibility in their jobs. The second is that young women do not see motherhood as a deterrent to having a career. Today women with children and women without children view their careers in the same way. (Milkie, 2007). Young working men are spending more time with their children on work days than ever before, as well as sharing household duties. Milkie, (2007) informs us that according to the results of her study, women, though still having some difficulty negotiating family demands and work are in general feeling a sense of success in that balancing act. Their imbalance comes from marital unhappiness in the fact that they feel they have no time to share with their spouse and time is missing when their children are young. Men on the other hand feel that their time is unbalanced by what they perceive as unfairness in sharing housework, and the tradeoffs they have to have at work to be able to be home for family. In all of the studies reviewed, both genders report better role balance when they have a greater amount of time for their children. Women feel that the balance is greater when they are paid better and less financial strain and when they have to work fewer weekends. Workforce Research The past 35 years have been greatly affected by the change in the workforce and family. In today's families over 64% of married couples with children under 18 and 58% of married couples with preschool children are dual earner families (Corwyn & Bradley, 2005). Research shows that as this process has progressed the gender role lines have become very grey and men and women are learning to share roles quite well. It consistently gets better. Survey in the 1990's versus those now have changed drastically in the way women and men juggle their responsibilities. Children surveys show that more and more often there is an expectation that both parents will work and that there will be times when only one parent is home. Most of the research now shows that men and women report that they have mush more in the way of gains from the changes in lifestyles than in losses. They feel that there is more money, a positive

Wednesday, November 20, 2019

Environmental, Health and Safety Term Paper Example | Topics and Well Written Essays - 1500 words

Environmental, Health and Safety - Term Paper Example The term paper "Environmental, Health and Safety" discusses job functions and EHS representative responsibilities related to environmental protection, Worker health and safety, and Environmental protection as seen at Exxon Mobil and Shell Oil and Gas. Both the companies discussed in this paper are incorporated in Texas, USA. Shell environmental job functions entail ongoing effort to uncover ways to help lessen the impact of trade actions all over the world. The company’s environmental professional works in tandem with their business contemporaries across various operations and projects. They also help to sustain the application and development of modern technologies and work together with external partners as well. The EHS representatives of Shell work to avert any incidents that may consequence in leakage of harmful and unsafe substances. The company’s policies have very strong foundations and it also recognizes that a significant oil spill disaster due to company†™s negligence should be dealt by Shell and its representatives. The company outlines prepares and practices disaster management policies in response to events that can create a negative impact on the environment or threaten public safety. Shell’s EHS representatives are committed to mitigating the consequences to the environment and people. The company is passionate about the safety standards both at sea and land. Shell has been working for about over a century in the business of governments, industry shipping bodies and other private stakeholders.

Sunday, November 17, 2019

Halpern's View Essay Example | Topics and Well Written Essays - 1250 words

Halpern's View - Essay Example Through her article â€Å"Sex, Brains & Hands: Gender Differences in Cognitive Abilities,† she has explained how the sex differences in cognitive abilities are not just because of ‘sex,’ but are also due to the role of ‘preferred hand’ and socio-cultural factors in development of cognitive abilities. With the help of in depth look at different research studies in psychology, sociology, biology and culture, Halpern has done an excellent job in convincing the reader that the sex differences in cognitive abilities are more a part of social and cultural influence than the ‘sex’. The article is an eye opener as it gives an insight on the truth related to the gender studies and also makes the reader realize that accepting the differences as sex related can prove disastrous for healthy development and progress of females. Hence, it sends a strong message that one should keep away from conclusions based on half true stories in media, and should r emember that females can be trained to develop equal abilities as males if they are given equal support and opportunities as males are given in the society. Weaknesses of research studies In her article â€Å"Sex, Brains & Hands: Gender Differences in Cognitive Abilities,† Halpern has aimed to make the readers aware about the weaknesses in gender related research studies which try to send a wrong message that females are inferior to men in cognitive abilities. She has used different research studies, its results and its drawbacks, as evidence to explain her point of view. Different aspects of the gender studies which Halpern has used to prove her point are discussed below. Unreliability of tests Halpern has referred to the fact that even though there are various studies showing cognitive differences in males and females, there are also various studies which show no differences. According to Halpern, there are various â€Å"tests of verbal, visual-spatial and quantitative abi lities that show consistent sex differences† (Halpern 5). However, she also draws the reader’s attention to the fact that there are various other tests that fail to show these differences (Halpern 5). This proves that the sex differences in cognitive abilities are not a consistent. Unfortunately, only those studies which have shown sex differences in cognitive abilities are highlighted by the media for public attention. The studies which have proved that there is no difference were not given any space in media. This created a wrong notion that males are superior to females when it comes to cognitive abilities. Halpern later discusses the similar scenario observed in the field of mathematics. Differences in mathematical abilities To explain the sex differences found in mathematical abilities, Halpern has referred to study by Benbow and her colleagues. While referring to the results of this study, which showed great sex difference in ratios in high mathematics scores, she has highlighted the fact that it was not that â€Å"there were no girls in the group† who scored high (Halpern 5). It is just that girls were less in number than boys (Halpern 5). This proves that even girls can attain high scores in mathematics (Halpern 5). Sadly, as it happens always, even this study was highlighted in the media in wrong way. All kinds of media sent a wrong message that only boys are good at mathematics. However, Halpern has

Friday, November 15, 2019

False Imprisonment And Merchant Protection Statutes Law Essay

False Imprisonment And Merchant Protection Statutes Law Essay Although the area of business law with which I am most familiar and have the most knowledge is contract law, secured transactions and bankruptcy, my first jury trial was a case involving a slip and fall at the old Rickshaw Hotel which was located across from the former Garden State Race Track on Route 70 in Cherry Hill, New Jersey [This really dates me because the Rickshaw Hotel is now a car dealership and the Racetrack is a shopping center]. In a law firm, the newest associate is usually given the garbage cases, ones which were not likely to succeed and with which a partner did not want to be associated. This case was brought into our office shortly before trial, because an attorney who was licensed only in Pennsylvania thought he could have settled it before trial. However, there was one piece of testimony from a deposition that led the defense to believe the case had no merit. That statement was in answer to a question to the injured woman, When and where did you learn of the tear in the carpet at the hotel? She answered, In my attorneys office when he told me there was a tear in the carpet. I started the trial by telling the jury in the opening statement, That the defense would very shortly tell you, members of the jury, that This case is a fraud and that the reason they know it is a fake, is because of the deposition testimony. I said, Just the opposite is the case. This is a very truthful woman. She answered the question correctly, because that is exactly what happened. She did learn of the tear from her former attorney. If she had not been walking down a poorly lit hallway, if she could have seen the torn carpet, surely she would not have caught her foot in the tear, she did not see the tear as she fell and hit her head against the wooden chair rail on the wall, she did not see it as she lay unconsciously on the floor and she never saw it as she was carried on a stretcher out of the building. The case settled before I called my first witness. Every negligence case centers on what would the ordinary reasonable person find to be the case. Week Two OBJECTIVES Upon completion of this workshop, students are expected to competently: Describe the concept of ethical leadership. Understand the key concepts of ethics in the context of a business environment. Comprehend the concepts of Duty of Care, Negligence and Liability. Intentional torts against persons and against property Assault and battery Assault is the threat of immediate harm or offensive contact or any action that arouses reasonable apprehension of imminent harm. Actual physical contact is unnecessary. Battery is the unauthorized and harmful or offensive physical contact with another person. Direct physical contact is unnecessary. False imprisonment and merchant protection statutes False imprisonment is intentional confinement or restraint of another person without authority or justification and without that persons consent. Merchant protection statutes allow merchants to stop, detain, and investigate suspected shoplifters without being held liable for false imprisonment if (1) there are reasonable grounds for suspicion, (2) suspects are detained for only a reasonable time, and (3) investigations are conducted in a reasonable manner. Defamation of character and invasion of privacy If a person makes a false statement about another person, that is defamation of character. In court, a plaintiff must prove that the defendant make an untrue statement of fact about the plaintiff and that the statement was intentionally or accidentally published to a third party. Public figures cannot recover for defamation unless they can prove that the defendant acted with actual malice. Every person has a right to live his or her life without being subjected to unwarranted and undesired publicity. Violation of this right is the tort of invasion of the right to privacy. Intentional torts against property Interference with an owners right to exclusive possession of land constitutes the tort of trespass to land. Trespass to personal property occurs whenever one person injures another persons personal property. Conversion of personal property occurs when someone who originally is given possession of personal property fails to return it. Negligence Elements of Negligence Elements of negligence include: That the defendant owed a duty of care to the plaintiff A duty of care is the obligation we all owe to each other not to cause unreasonable harm or risk of harm. Courts decide whether a duty of care is owed in specific cases by applying a reasonable person standard (how would an objective, careful, and conscientious person have acted in the same circumstances) or a reasonable professional standard (where the defendant has a particular expertise or competence). That the defendant breached this duty of care A breach of the duty of care is the failure to exercise care. That the plaintiff suffered injury The plaintiff must suffer personal injury or damage to his or her property to recover monetary damages for the defendants negligence. That the defendants act caused the plaintiffs injury A person who commits a negligent act is not liable unless his or her act was the cause of the plaintiffs injuries. Causation in fact or actual cause-a person who commits a negligent act is not liable unless causation in fact can be proven. Proximate or legal cause-the law establishes a point along a chain of events caused by a negligent party after which that party is no longer legally responsible for the consequences of his or her actions. Intentional and negligent infliction of emotional distress Intentional infliction of emotional distress or the tort of outrage occurs when a persons extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person. Some jurisdictions have extended this doctrine to include negligent infliction of emotional distress where the defendants negligence causes emotional distress. The most common example is bystanders who witness the death or injury of a loved one caused by anothers negligent conduct. Special negligence doctrines Negligence per se is a tort where the violation of a statute or ordinance constitutes the breach of the duty of care. An example would include a statute that establishes a duty for homeowners to fix their sidewalks. Res ipsa loquitur can occur when the defendant was in exclusive control of the situation and the plaintiff would not have suffered injury but for someones negligence. A good example is a surgical instrument left in a patients body. Dram shop acts make taverns and bartenders liable for injuries caused to or by patrons who are served too much alcohol. Similarly, some states make social hosts liable for injuries caused by guests who become intoxicated at a social function. Many state guest statutes provide that if a driver voluntarily and without compensation gives a ride to another person, the driver is not liable to the passenger for injuries caused by the drivers ordinary negligence. Good Samaritan laws relieve medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations. Under the firemans rule, a fireman who is injured while putting out a fire may not sue the party whose negligence caused the fire. The danger invites rescue doctrine provides that a rescuer who is injured while going to someones rescue can sue the person who caused the dangerous situation. Common carriers are held to a higher standard than most other businesses; they have a duty of utmost care, rather than a duty of ordinary care, to their passengers and patrons. Landowners owe a duty of ordinary care to invitees and licensees, but generally do not owe a duty of ordinary care to a trespasser. Defenses to tort liability Superseding or intervening event-a defendant is not liable for injuries caused by a superseding or intervening event for which he or she is not responsible. Assumption of the risk-a defendant can use this defense against a plaintiff who knowingly and voluntarily entered into or participated in a risky activity, for example car racing, that resulted in injury. Contributory negligence-this doctrine states that a plaintiff who is partially at fault for his or her own injury cannot recover against the negligent defendant. Many states have rejected this doctrine and replaced it with the doctrine of comparative negligence. Comparative negligence-the comparative negligence doctrine apportions damages according to fault. Fraud Fraud or intentional misrepresentation or deceit occurs when a wrongdoer deceives another out of money, property, or something of value. The elements of fraud are: The wrongdoer made a false representation of material fact. The wrongdoer had knowledge that the representation was false and intended to deceive the innocent party (scienter). The innocent party justifiably relied on the misrepresentation. The innocent party was injured. Terms assault-(1) The threat of immediate harm or offensive contact or (2) any action that arouses reasonable apprehension of imminent harm. Actual physical contact is not necessary. assumption of the risk-A defense in which the defendant must prove that (1) the plaintiff knew and appreciated the risk and (2) the plaintiff voluntarily assumed the risk. battery-Unauthorized and harmful or offensive physical contact with another person. Direct physical contact is not necessary. causation in fact or actual cause-The actual cause of negligence. A person who commits a negligent act is not liable unless causation in fact can be proven. causation-A person who commits a negligent act is not liable unless his or her act was the cause of the plaintiffs injuries. The two types of causation that must be proven are (1) causation in fact (actual cause) and (2) proximate cause (legal cause). comparative negligence-A doctrine that applies to strict liability actions that says a plaintiff who is contributorily negligent for his injuries is responsible for a proportional share of the damages. contributory negligence-A doctrine that says a plaintiff who is partially at fault for his own injury cannot recover against the negligent defendant. conversion of personal property-A tort that deprives a true owner of the use and enjoyment of his or her personal property by taking over such property and exercising ownership rights over it. covenant of good faith and fair dealing-Under this implied covenant, the parties to a contract not only are held to the express terms of the contract but also are required to act in good faith and deal fairly in all respects in obtaining the objective of the contract. danger invites rescue doctrine-Doctrine that provides that a rescuer who is injured while going to someones rescue can sue the person who caused the dangerous situation. defamation of character-False statement(s) made by one person about another. In court, the plaintiff must prove that (1) the defendant made an untrue statement of fact about the plaintiff and (2) the statement was intentionally or accidentally published to a third party. Dram Shop Act-Statute that makes taverns and bartenders liable for injuries caused to or by patrons who are served too much alcohol. duty not to willfully or wantonly injure-The duty an owner owes a trespasser to prevent intentional injury or harm to the trespasser when the trespasser is on his or her premises. duty of ordinary care-Collecting banks are required to exercise ordinary care in presenting and sending checks for collection. duty of utmost care-A duty of care that goes beyond ordinary care that says common carriers and innkeepers have a responsibility to provide security to their passengers or guests. false imprisonment-The intentional confinement or restraint of another person without authority or justification and without that persons consent. Good Samaritan law-Statute that relieves medical professionals from liability for ordinary negligence when they stop and render aid to victims in emergency situations. guest statute-Statute that provides that if a driver of a vehicle voluntarily and without compensation gives a ride to another person, the driver is not liable to the passenger for injuries caused by the drivers ordinary negligence. injury-The plaintiff must suffer personal injury or damage to his or her property in order to recover monetary damages for the defendants negligence. intentional infliction of emotional distress-A tort that says a person whose extreme and outrageous conduct intentionally or recklessly causes severe emotional distress to another person is liable for that emotional distress. Also known as the tort of outrage. intentional interference with contractual relations-A tort that arises when a third party induces a contracting party to breach the contract with another party. intentional misrepresentation-(1) Tort that occurs when a wrongdoer deceives another person out of money, property, or something else of value. Also known as fraud or deceit; (2) when a seller or lessor fraudulently misrepresents the quality of a product and a buyer is injured thereby. intentional tort-Occurs when a person has intentionally committed a wrong against (1) another person or his or her character, or (2) another persons property. invasion of the right to privacy-A tort that constitutes the violation of a persons right to live his or her life without being subjected to unwarranted and undesired publicity. libel-A false statement that appears in a letter, newspaper, magazine, book, photograph, movie, video, etc. negligence per se-Tort where the violation of a statute or ordinance constitutes the breach of the duty of care. negligence-A tort related to defective products where the defendant has breached a duty of due care and caused harm to the plaintiff. negligent infliction of emotional distress-A tort that permits a person to recover for emotional distress caused by the defendants negligent conduct. palming off-Unfair competition that occurs when a company tries to pass one of its products as that of a rival. professional malpractice-The liability of a professional who breaches his duty of ordinary care. proximate cause or legal cause-A point along a chain of events caused by a negligent party after which this party is no longer legally responsible for the consequences of his or her actions. punitive damages-Damages that are awarded to punish the defendant, to deter the defendant from similar conduct in the future, and to set an example for others. res ipsa loquitur-Tort where the presumption of negligence arises because (1) the defendant was in exclusive control of the situation and (2) the plaintiff would not have suffered injury but for someones negligence. The burden switches to the defendant(s) to prove they were not negligent. slander-Oral defamation of character. social host liability-Rule that provides that social hosts are liable for injuries caused by guests who become intoxicated at a social function. States vary as to whether they have this rule in effect. strict liability-Liability without fault. superseding event-A defendant is not liable for injuries caused by a superseding or intervening event for which he or she is not responsible. tort of misappropriation of the right to publicity-An attempt by another person to appropriate a living persons name or identity for commercial purposes. tort-A wrong. There are three categories: (1) intentional torts, (2) unintentional torts (negligence), and (3) strict liability. trespass to land-A tort that interferes with an owners right to exclusive possession of land. trespass to personal property-A tort that occurs whenever one person injures another persons personal property or interferes with that persons enjoyment of his or her personal property. unfair competition-Competition that violates the law. Internet Links Torts generally: www.law.com American Bar Association Tort and Insurance Practice Section: www.abanet.org/tips/home.html Tort and Insurance Law Journal: www.abanet.org/tips/journal/lawjournal.html Discussion Question Knight v. Jewett Facts: On January 25, 1987, the day of the 1987 Super Bowl football game, plaintiff Kendra Knight and defendant Michael Jewett, together with a number of other social acquaintances, attended a Super Bowl party at the home of a mutual friend. During half time of the Super Bowl, several guests decided to play an informal game of touch football on an adjoining dirt lot, using a peewee football. Each team had four or five players and included both women and men; plaintiff and defendant were on opposing teams. No rules were explicitly discussed before the game. Five to ten minutes into the game, defendant ran into plaintiff during a play. According to plaintiff, at that point she told defendant not to play so rough or I was going to have to stop playing. Her declaration stated that [defendant] seemed to acknowledge my statement and left me with the impression that he would play less rough prospectively. In his deposition, defendant recalled that plaintiff had asked him to be careful, but did not remember plaintiff saying she would stop playing. On the very next play, plaintiff sustained the injuries that gave rise to the present lawsuit. As defendant recalled the incident, his team was on defense on that play, and he jumped up in an attempt to intercept a pass. He touched the ball but did not catch it, and in coming down collided with plaintiff, knocking her over. When he landed, he stepped backward onto plaintiffs right hand, injuring her hand and little finger. Both plaintiff and Andrea Starr, another participant in the game who was on the same team as plaintiff, recalled the incident differently from defendant. According to their declarations, at the time plaintiff was injured, Starr had already caught the pass. Defendant was running toward Starr, when he ran into plaintiff from behind, knocked her down, and stepped on her hand. Starr also stated that, after knocking plaintiff down, defendant continued running until he tagged Starr, which tag was hard enough to cause me to lose my balance, resulting in a twisting or spraining of my ankle. The game ended with plaintiffs injury, and plaintiff sought treatment shortly thereafter. After three operations failed to restore the movement in her little finger or to relieve the ongoing pain of the injury, plaintiffs finger was amputated. Plaintiff then instituted the present proceeding, seeking damages from defendant on theories of negligence and assault and battery. Imagine that you are on the California Supreme Court and are faced with this case. Do you rule that the plaintiff is barred any recovery because California has followed the common law theory of assumption of risk? Or do you rule that the plaintiffs conduct was such that she does not come within the doctrine of assumption of risk? Or finally, do you rule that the assumption of risk defense should simply be discarded in modern tort practice and you rule that the assumption of risk is no longer a valid doctrine in California. (Please note, I am not asking you to research the actual case, but rather to use the text and your own experience to guide your opinion.)

Tuesday, November 12, 2019

Case Study: Nature of CPA Firm Essay

For this case study I looked at a broad range of CPA firms’ websites from the large national firms such as Deloitte, PWC and Ernst & Young to the smaller local firms including KDV, Copeland Buhl & Co and Schechter, Dokken & Kanter. While examining these websites, the first thing that became apparent to me is that the content and functionality from website to website is very similar. All of the websites I looked at include an ‘About Us’ page explaining who they are and what they do, which typically includes their mission statement. They all include a ‘Services’ page detailing the service provided which includes but is not limited to advisory, assurance, tax, consulting, financial and technology. All of the websites I looked at also featured a ‘Careers’ section which includes current job opening and detailed information about the organization’s culture and benefits. The large national firms include a listing of the industries they support. Some of the firms include a resources page which may contain links to a variety of calculators to assist with financial decisions as well as links to various publications and forms. There are many reasons a firm may invest in a website. In fact, I would argue that it is essential for CPA firms to have a strong web presence if they want to be competitive in today’s marketplace. If you are a smaller firm, having a website can allow you to compete with the large national firms, as anyone with internet access can find your website. Having a website is also a much cheaper way to advertise when compared to the more traditional methods such as newspaper, television, radio, direct mail, etc†¦ Having a website can allow you to reach millions of people something newspaper and radio cannot do. Having a website also improves your ability to enhance customer service because you have the ability to provide customers with information instantly. It also provides an avenue for recruiting a talented workforce. In my opinion the website of a CPA firm need not be highly sophisticated. For CPA firms, a website’s primary role is to advertise and market to existing and potential customers by providing information regarding the services they offer. The internet has changed how CPA firms do business from communicating with client to hiring and retaining employees. The internet has allowed CPA firms to go paperless. Paper no longer needs to be printed and photocopied. Financial statements and reports can be delivered electronically in an instant. Now, information is delivered via the web and the recipient has it within seconds at no additional cost. One example of how the internet has changed how CPA firms do business is through the increase in electronic tax returns and payments. The internet can also be used to transfer information back and forth with customers through the use of an online portal. In my line of work, nearly all of the audit firms we do business with use the internet to receive and transmit information. The Internet has also increased efficiency by giving accountants the ability to manage a client’s computers and software, and retrieve information from them, remotely. With the appropriate permissions and software such as LogMeIn. com or PCanywhere. com, an accountant can take control of a client’s computer from afar and do everything that someone located in the office could, except physically load discs. The CPA can virtually â€Å"visit† the client at any time without the need for the client to be physically present. For any organization that has a website there are certain liabilities that must be considered. Often CPA firms are providing financial information and advice to their customers. Providing inaccurate information that causes financial harm to a customer is a concern that CPA firms must consider. Additionally, many CPA firms use an online portal as a way of transferring information back and forth with customers. As a result security should be a primary consideration. If an online hacker were to hack into the computer systems of a CPA firm and obtain confidential information such as social security numbers or personal tax information the results could be devastating.

Sunday, November 10, 2019

Lebanese Women Rights

Lebanon more established extremelydifficult political circumstances that result in war quite just once that deteriorated the state and every one laws and created an environment wherever violating human rights is well reached. though Asian country was one in all the member states behind the universal declaration of the human rights that was custom-made by the global organization general assembly on Gregorian calendar month 1948(Charafeddiene, 2009). Lebanon could be a various society that a good variety of voters was raised in well developed countries, besides quite seventy p. of the individuals square measure educated and a good variety of thinkers rose up from Asian country, still human rights aren't revered and particularly women’s rights, thus as girls across the globe take a flash to celebrate their various achievements in Asian country still fight for theirs in associate degree unrelenting patriarchic society(Castle 2009). And in an exceedingly country wherever women†™s rights looked as if it would be revered, still girls cannot pass their status to their broods; government has its reasons however girlssquare measure adhered to their right.The Lebanese status is transmitted by paternity (father). However, this offers the proper to Lebanese to transmit citizenship to their youngsters and foreign wives. (Lebanon: provide girls equal citizenship rights to men beneath the status law 2013 ) the main needs to the Lebanese needs could be a Lebanese father, according to the United Nations this can be thought-about discrimination and it's any upheld by Lebanon's reservation on Article two of paragraph nine of the United Nations Convention of the Elimination of All varieties of Discrimination against girls, signed in 1996. his can be the most conflict by that Lebanese girls square measure hard-to-pleaseto regulate this law and to present Lebanese girls there rights en passant status to their spouses and husbands. Kleib 2 Samira Soueidan's the Burj Hammo ud resident fell smitten, married and began a family. When her husband kicked the bucket in 1994, Soueidan was left with four youngsters the Lebanese state viewed as foreigners. Her crime? Soueidan had married associate degree Egyptian. hereas Lebanese law permits men to expire their status to their non-Lebanese wives and kids, it prohibits Lebanese girls married to non-Lebanese from doing constant. ( One Woman's Fight Against Lebanese status Law, 2013) â€Å"It's extremely ironic that we tend to faux to be the foremost liberal country within the region once we are the most patriarchic and booth at constant time,† (Abou-Habib 1994). the most right girls square measure hard-to-pleaseis that the equality and therefore the full citizenship and to be within the same category as men not a secondary category.Lebanese law discriminates girls and deprives girls from their rights, giving men additional rights. girlsneedto interrupt this masculine society that contradicts with Lebanese constitution and conjointly contradicts with several of national human rights standards â€Å"Convention on the Elimination of All varieties of Discrimination against girls â€Å"(CEDAW). girls have masses additional reasons to regulate the law.Adding the proper of the spouses has the proper to carry the status of their mother, this can be his identity, his mother and grandparents were raised in an exceedingly country that he will visit it as a guest, neglecting the very fact that he belongs to the current space, what is more he would are living within the country till he's over-the-hill, culture, traditions, friends, family land recollections were all gained in Asian country, and a jiffy be treated as a guest or a interloper desires a permission to go to the place he/she was raised in. ut broods that lived off from the country have the proper to go to wherever Kleib 3 their mother was raised and even additional the proper to freely selectwhereverto measure. consistent with Dr. A man Kabara this law affects not solely girls however rather the full family negatively (Mahdawi 2013).The socio-economic scenario has effects on the full family, families of Lebanese girls square measure needed to pay annual residency allow fees of around $1,200 per individual, endure regular medical check-ups and blood tests, and face wide difficulties in accessing or reasonable education, besides they can't profit social insurance and government subsidies, and health-care in Asian country isn'treasonablewhile not the social insurance program. what is more non-Lebanese cannot attain legal job neither public sector nor within the non-public sector unless they need a permission from the labor ministry.Samira value-addedâ€Å"My youngstersestablish as being 100% Lebanese, they are doing not have the other status. They love their country considerablyand that they were born and raised here entirely. â€Å"( One woman's fight against Lebanese status law 2009). May Kingall hopped to exa mine a law before she dies and tell her story â€Å"adding she had struggled for years to pay the residency fees for her half-Irish female offspring, currently over forty years previous.Kinghall aforesaid her female offspring, despite having a Lebanese Baccalaureate and a degree from the yankee University of capital of Lebanon, had to go away Asian country as a result of, while not a Lebanese passport, was unable to figure. â€Å"I'm still fighting to induce the proper of status for my kidUN agency was born here, raised here and UN agency feels she belongs here,† Kinghall value-added with exasperation Kleib 4 our kids square measure watched as aliens to the state. Hundreds of Lebanese girls demand equal right to expirestatus 2009) Problems that girls talked regarding were various consistent with the study of the global organization. they're issues that folksof various cultural, social levels and political orientations stumble upon. They shed the sunshine on the human rights of all voters If human rights guarantee to a personal the elemental rights, as an example right to figure, health care, environs and property, the rights of citizenship renders the optional matter a necessary one. girls square measure equal voters with men. Thus, why square measure they missing human rights?There square measure extravariousissuesexplanation from thisstatus Law, among thatthe texture of non-belonging that convoys lives of families and therefore the deep concern going hand in hand with details of everyday life. If the sensation of estrangement is that the least imperative in an exceedingly society that's as open because the Lebanese society, the children’s worries concerning the longer term and for the longer term, that they get from their folks, flip misery into pains that mother voiced with some tears that attended their confession of ignoring this law and therefore the ensuingissues it brings to their families. Charafeddiene, 2009) The minstrel committee eve n this difference by reasons that were almost like jokes as activists aforesaid. the foremost important reason was the demographic balance between Muslims and Christians that is hooked up to a additionaldifficult issue that is giving status to Palestinian refugees in Asian country. This last issue was major Kleib 5 reason within the continuous civil clashes for fifteen years, and still not resolved till of late and should stir up the war once more.The committee suspect that an oversized variety of Palestinians within the refugee's camps square measure married to Lebanese Sunni girlsattributable to the massive interaction between Muslim Sunni and therefore the Palestinians and the common faith. queries were asked regarding proportion|the share|the proportion} distribution of marriages consistent with faith and weather this percentage is decent to deny the women’s right fully citizenship. The statistics of the interior and municipality’s ministry, and therefore the Musli m courts and therefore the Christian church was that eighty seven. % marriages square measure Muslims and twelve. 5% square measure Christians, and by sects fifty one for Muslim Sunni, and if we tend to take the share by country of the husbands particularly Palestinians husbands square measure twenty first and ninety one of those twenty one square measure Muslim Sunni. Those statistics will support their purpose of read in unbalancing the demographic distribution unless we all know the share in numbers that eighty,000 square measure ones served by this Law that is a smaller amount than a hundred and twenty fifth of the Lebanese population that is negligible for the balance.Even additional the law was adopted before the immigration of Palestinians’ to Asian country (the law of status was adopted in 1925 and therefore the Palestinians immigrated in 1948 to Lebanon). thus this law was born filled with discrimination and difference. Men also are marrying non-Lebanese and consiste nt with the Lebanese general security, share of men marrying non-Lebanese is quitegirls marrying non-Lebanese and this could threaten the balance additional. Kleib 6The minstrel committee had additional excuses to support their purpose of read, either than the political problems demographical balance, it had been the difficult economic scenario in Asian country, and therefore the committee aforesaid that Asian country cannot hold additional responsibilities on different voters, and therefore the subsidies and social insurance cannot cowlextravariety of voters, and it'll be obligatedto hide the Palestinian refugees beneath this law. This reason was unimportantconsistent with the activists since these square measure active votership that may profit the country like several different citizens. oreover in traditional conditions Lebanese government isn't holding responsibilities, voters square measure fighting to possess their rights and that they square measure managing. Hundreds of gir ls activists square measure protestantto achieve their rights fully citizenship and to achieve different girls rights, a number of the organizations political figures in Asian country supported them, and that they draft a replacement citizenship law that respects girls rights and respect the gender equality. he primary Lebanese woman and therefore the Lebanese President is supporting the move, however still the govt isn't issuance this draft law, ladengirlsonce interviewed couldn’t continue the interview while not crying, that’s a good proof on what quantity these girls square measure neglected. girlsassociate degreed human rights believers ought to take an action and support those families to achieve this right, and begin the modification in Asian country on completely different sides.This was acceptable once a lady required a defender and once her capacities and potentials failed to alter her invariablyto form the proper decisions and choices. However, oncegirlsthese days square measure additional educated surpassing those of Kleib 7 males, meeting capacities in body and political opinions thatgirlsare aloof from,. (Charafeddiene 2009).And knowing that Asian country is one in allthe foremost political difficult countries and has endless difficulties, still the beginning ought to be by giving rights to any or all voters and equality ought to be noninheritable . Lebanese individuals says proudlyregarding freedom and rights in Asian country, this pride ought to push to support the hard-to-pleasefor ladies rights. Read more at http://smallseotools. com/article-rewriter/#qjZSvHQXilDiPq0b. 99

Friday, November 8, 2019

Free Essays on Facing Reality

Facing Reality Have you ever thought about all the pressure family brings upon you? How about the days when you decide to take a risk, defy the odds, and stand up for what you believe is right? In the stories, â€Å" A & P†, by John Updike and â€Å"Marriage Is A Private Affair†, by Chinua Achebe, Sammy and Nnaemeka both face these obstacles. They both desire to make a change and have other see their own point of views. In â€Å"Marriage Is A Private Affair†, Achebe’s character, Nnaemeka, defies his father’s beliefs. Nnaemeka’s father, Okeke, has set up his son to be married to a local Ibo girl. Okeke has a very strong stance on people from Ibo marrying one another. Nnaemeka has found someone who he loves, but the dilemma between this is she is not an Ibo woman. He has to face his father and tell him that the woman he is choosing to marry is not a local. At first Nnaemeka is hesitant to tell his father. But after much persistence from his fiancà ©, he went to tell him face to face other then just a letter. As Nnaemeka told his father what he had chosen, Okeke face was in disbelief. As stated in the story, â€Å" His father’s silence was infinitely more menacing than a flood of threatening speech.† He couldn’t except that his own son would disgrace the family in such a manor. For about eight years after that, Okeke still had not talked to his son. He didn’t want any part to Nnaemeka and Nene, Nnaemeka’s wife. This story represents how a young man stood up to his father. Nnaemeka knew that his father would never accept the fact that he married someone other then an Ibo woman. He wanted to make his father realize that not all marriages had to be within the tribe. Nnaemeka took a major risk in loosing a relationship with his father. The family pressures of Nnaemeka marrying an Ibo woman didn’t alter the fact that he wanted to marry someone he cared for and loved. Although in the Ibo tribe marriage wasnï ¿ ½... Free Essays on Facing Reality Free Essays on Facing Reality Facing Reality Have you ever thought about all the pressure family brings upon you? How about the days when you decide to take a risk, defy the odds, and stand up for what you believe is right? In the stories, â€Å" A & P†, by John Updike and â€Å"Marriage Is A Private Affair†, by Chinua Achebe, Sammy and Nnaemeka both face these obstacles. They both desire to make a change and have other see their own point of views. In â€Å"Marriage Is A Private Affair†, Achebe’s character, Nnaemeka, defies his father’s beliefs. Nnaemeka’s father, Okeke, has set up his son to be married to a local Ibo girl. Okeke has a very strong stance on people from Ibo marrying one another. Nnaemeka has found someone who he loves, but the dilemma between this is she is not an Ibo woman. He has to face his father and tell him that the woman he is choosing to marry is not a local. At first Nnaemeka is hesitant to tell his father. But after much persistence from his fiancà ©, he went to tell him face to face other then just a letter. As Nnaemeka told his father what he had chosen, Okeke face was in disbelief. As stated in the story, â€Å" His father’s silence was infinitely more menacing than a flood of threatening speech.† He couldn’t except that his own son would disgrace the family in such a manor. For about eight years after that, Okeke still had not talked to his son. He didn’t want any part to Nnaemeka and Nene, Nnaemeka’s wife. This story represents how a young man stood up to his father. Nnaemeka knew that his father would never accept the fact that he married someone other then an Ibo woman. He wanted to make his father realize that not all marriages had to be within the tribe. Nnaemeka took a major risk in loosing a relationship with his father. The family pressures of Nnaemeka marrying an Ibo woman didn’t alter the fact that he wanted to marry someone he cared for and loved. Although in the Ibo tribe marriage wasnï ¿ ½...

Wednesday, November 6, 2019

Biography of Sir Arthur Conan Doyle essays

Biography of Sir Arthur Conan Doyle essays Sir Arthur Conan Doyle held many occupations throughout his life but his most beloved job of them all came from his love of writing. Arthur Doyle wrote many books and enjoyed them all but he was also a knight, soldier, spiritualist, whaler, doctor, optometrist, journalist, and an adventurer. Throughout this essay I will be taking the reader through a brief synopsis of Arthur Doyles astounding life. This essay will go all the way from his youth, to his school days, to his works, religion, beliefs, and everything leading up to his death. Arthur Doyle got interested in books at a very young age. Arthur Ignatius Conan Doyle was born on May 22, 1859, in Edinburgh, Scotland, to Charles Altamont Doyle and Mary Doyle. The Doyles were a very prosperous Irish-Catholic family, who found their work in the field of art. Arthurs father, Charles, was a devoted alcoholic who was the only member of the Doyle family to be worthless and never accomplish anything, accepted rearing a very brilliant son. Arthur was a very bright young man at age five he wrote a story to his Great-uncle Michael Conan who was very much impressed with young Arthurs writing capabilities. When Arthur reached the age of nine all the wealthy members of the Doyle family offered to pay for his education. All the way to England, where he attended school now, the poor lad was all teared up because he had to leave the sanctity of his home while he went to the Jesuit boarding school for the next seven years. Arthur hated Jesuit boarding school because of all of the injustice surrounding him and his education. He rebelled against the corporal punishment, which was common and very harsh especially in English schools of that persona. The only happy and joyous moments Arthur Doyle could recall were the regularly sent letters home to his mother, which became a habit that Arthur kept up for the rest of his mothers life. Another thing that made Arthur happy...

Sunday, November 3, 2019

Diasporas Readings Essay Example | Topics and Well Written Essays - 1000 words

Diasporas Readings - Essay Example Also, as stated in the website, the U.S. government has forecast a shortage of 20 million workers by 2026. The result of these is the increasing number of Asian immigrants, mostly Chinese and Indians, comprising the labor force. Within the last ten years, the Indian population in the U.S. doubled due to demand in labor together with the increase of Indians sponsoring their families. (US Immigration Facts, 2011). Two articles, Melwani (2006) and Kurien (2005) were taken into consideration about the socio-cultural adaptations of Indians in the United States Socio-cultural Assimilations In terms of psychographics (social and cultural aspect), Indians regard the family unit is considered to be more important than the individual, respect value and age, have diverse religious beliefs and are conscious of their food and beverage consumption (Chacko, 2009). Being in the Unites States, the immigrant Asian Indians have been, in one way or another, â€Å"Americanized†. Their names, food preferences, outfit and some beliefs changed as a way of adaptation and also for the mighty dollar (Melwani, 2006). The changes, adaptations while keeping their identity have become major issues for the Indians. Melwani (2006) gave different accounts about some Indians and their moral quandaries. Some of them have become chefs and restaurant owners facing the dilemma of preparing beef, which is very sacred to them, to satisfy the cravings of their Western consumers. Being vegetarians, they also try not to eat meat. Suvir Saran, a chef in New York City, stated that he never tasted what he was cooking and relied completely on his sense of touch and smell and sight and it was very tough for him. Some Indians also had no choice and tried to taste meat as part of their job which they now consider without moral tension. Other Indian businessmen also own hotels and liquor stores which serves alcoholic beverages. For them, things related to sex and sexual intercourse are considered taboo, b ut to those who live in America, conversations about these things are regarded as normal. There were some Indians who own shops selling sex videos, sex toys and strip shows. One of the most basic possessions of Indians also changes in America. As stated by Melwani (2006), in a lightning flash, the names of the Almighty, like Krishna, Mahesh, Vishnu and Shankar mutate into Chris, Mike, Vic and Sandy. Clothings and outfits also changed, the sari and bindi (symbol of a woman’s marital status) were now replaced with modern skirts and dresses. Indians in the corporate world now wear corporate dresses instead of saris and kaajals. According to Diditi Mitra of Brookdale Community College, as cited by Melwani (2006), the moral conundrums are negotiated not just by immigrants, but also by people in India. It is now all about negotiation. Situations were as follows: vegetarian families eat meat outside their homes; young men drink and smoke outside but not near their parents; and they eat with knife and fork with international clients but go back to eating with bare hands at home. Kurien in 2005 discussed an article about the identity struggles of second-generation Indian Americans. He cited Portes and Rumbaut (2001) stating that that the most successful strategy for such second-generation Indian Americans to follow is a process of â€Å"selective acculturation† whereby they incorporate themselves into mainstream society while retaining some of the parents’

Friday, November 1, 2019

An Investigation of Unilever Performance Management Assignment

An Investigation of Unilever Performance Management - Assignment Example Performance management refers to the method in improving the work performance of workers to the fulfillment of the company’s goal and objectives (United States Department of Agriculture, 2013; Goodrich, 2013). Moreover, research methodology refers to the systematic procedure in solving a particular research problem (Goddard & Melville, 2001). In this study, the purpose of the study is to examine the effectiveness of the performance management of Singapore Unilever. This comprises numerous sections, namely, research design/report framework, overall research, how to conduct with the literature research, research approach, sampling, data access, methods of analysis, and research limitation. 3.1 Research Design/ Report Framework This study plans to investigate the implementation of the SMART system of performance management in Singapore Unilever. In order to accomplish this, the data collected are obtained from both primary and secondary data sources. Primary data are significant in obtaining raw evidence to investigate a particular study while secondary data are obtained from literary sources like journals and books (Sapsford & John, 2006, p.142; Nicholson & Bennett, 2008). In this study, the primary data are gathered from both qualitative and quantitative research methods. In order to numerically measure the performance management of the company, quantitative research method is used. ... Vartanian (2011) noted that this form of data is important to garner other insights from various authors on the given subject. In this study, literary sources, such as journals, books, newspapers, and government websites are used. 3.2 Overall Research The purpose of the research is to define the significance of implementing the SMART system of performance in the appraisal methods of employees’ work performance in Singapore Unilever. Its objectives include (1) the description of the SMART system of performance; (2) the implementation of the performance system in the company; and (3) the assessment on the results of the implementation of the performance system in the company. Apparently, literature review is also conducted in order to gain scholarly insights on the topic. In order to address the validity of theories reviewed, both quantitative and qualitative approaches are made in forms of surveys and focused group interviews, respectively. The survey was participated by employ ees while the focused group interview’s primary respondents are those employees in the managerial position. To select the respondents for the survey, simple random sampling is used while judgment sampling is used in selecting the participants for the focused group interview. Both qualitative and quantitative methods are used for data analysis. Furthermore, distance plays a major role in hindering the researchers to conduct a direct observation to the activities of the company. 3.3 How to Conduct with the Literature Research As defined, literature research is the review of other literary sources like journals and books, in order to obtain additional data that will be used as evidence for a research project (Timmins & McCabe, 2005, p.41). It is important to