...Attitude, Legislation, and Litigation We are all human beings and regardless of our disabilities that we may or may not have, we all deserve the right to a fair and proper education. There are many challenges that face individuals with disabilities, but education should not be one of them. It is necessary for not only teachers, but for society as well, to be able to understand individuals with disabilities and be able to interact with them. Too often we have biased influences and labels we use to describe someone “different.” This is why educating society on the “exceptional” individuals in our society is crucial. As we all know, we do not live in an entirely compassionate society, therefore, educating communities, schools and society on people with disabilities is key. Knowledge is power! We need to better understand ourselves, so that we can better understand others. Sonyboy Fugaban states: There is a rhythm in life, a certain beauty which operates by a variation of lights and shadows, happiness alternating with sorrow, content with discontent, distilling in this process of contrast a sense of satisfaction, of richness that can be captured and pinned down only by those who possess the gift of awareness (Fugaban, 2011). We are all imperfect in an imperfect world. God creates us equal, no matter what disability or challenges we face. Everyone deserves the chance for a fair education and proper treatment. The term “special needs” may stir up many different emotions in people...
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...Attitude, Legislation, and Litigation Amy Jamison Grand Canyon University: SPE-226 April 6, 2016 Attitude, Legislation, and Litigation As time passes on we find that the learning ability of our children and their children have begun to advance in a very fast pace. When our generation was growing up, us as children, thought that we were more advanced than our parents when we could set the time on the VCR. As we look back on how we were educated compared to the children of todays society we can see that the education has changed dramatically throughout the years. Every year new laws are considered in the hope to make education better. Special education is no different, people attitudes and legislation along with litigation have changed though the years. History Students with special needs (disabilities) were looked on as animals in history. They did not conform to what the norm was so they were locked away in mental hospitals or institutions. “Large congregate living facilities for people with disabilities were subsumed under many different labels, such as institution, hospital, colony, prison, school, or asylum” (Hardman, 2013, pg. 9). These people were taken from their families and put in these places. Over time they considered sterilization and not allowing them to marry to keep them in isolation and extermination of children with disabilities (Hardman, 2013, Pg. 9). That was just in the Untied States. In other countries they were targeted and killed, Hitler had...
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...Attitude, Legislation and Litigation SPE-226 Attitudes, Legislation and Litigation have changed the disabled people' lives. Since the beginning, we can read those Bible passages or other books where disabled people were discriminated, they were killed, hidden or lock away by others until today. There are people actually who shun from them and they consider an embarrassment those disabled people. Those kinds of attitudes or mindsets slowly have changed and it started 65 years ago, during those years have created groups and government laws to help and support mentally disable people and their families. Now people have changed a little bit their point of view toward disable people because many things were denied to them. Nevertheless, all those things have been returned to them and the government laws still changing every single day to make sure that mentally disabled people have same equal right as any other. During the past, the attitude and mindset of the government were too much negativity toward with disabled people. The government thought that individuals with disabilities were a stumble on community and people should not relate with them. Thus, the government also thought that disabled kids should not receive education or medical aid. “The German government actively terminated the lives of people with disabilities as a means to 'purify' the human race and put these 'wretched individuals out of their misery' (United States Holocaust Memorial Museum, 2008)” (Hardman,...
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...Attitude, Legislation, Litigation Mandi Leon SPE: 226 Ashley Barkel 10/28/2013 Over the years there have been people who are scared of those who have disabilities, with these scares many people who had disabilities were looked upon as if they were monsters. Since people were scared of people with disabilities, the 1650 Connecticut code was implemented which would mean that the developmentally delayed were not allowed to wed and horrible things were done to them up to and including sterilization. As a society we have come a long way from that. Now there are laws that protect these individuals from such horrifying things, some of the legislations are called the ADA (American with Disabilities Act), IDEA (Individuals with Disabilities Education Act), and IEP (Individualized Education Program). Currently with all of these available resources our exceptional students have an advantage more now than they ever have. The expectations of teachers to be able to teach these students the skills that are necessary to survive in this modern world are being threatened by the current government issues, putting our special educational needs in danger. Now with all this knowledge and, when people encounter other individuals with disabilities they are no longer scared of them. There is more understanding and compassion for them. Our disabled children now have a voice where they did not before. Many years ago our special children that were in need of more than just...
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...programs offers content that fit the needs of the child. Special education in its earliest form usually happened in the parent’s home, in a one on one situation. The reason for this was people with disabilities usually did not venture far from their homes. In the early part of our country most schools were one or two room school houses with usually only one teacher. This teacher was not trained and did not have the time to meet the needs of an individual with a disability. Because of this, parents kept the disabled child at home, either with no teaching or with a private tutor. The best example of this would be Anne Sullivan with Helen Keller. In this essay I will address the social implications of attitude, legislation, and litigation on the lives of students with disabilities. Attitudes Children with disabilities in the past have received unequal treatment not only in the public education system, but also in society. Prior to school, students with severe disabilities were put in an institution or kept home with family. From keeping the disabled at home, the next step was institutions. The primary purpose of these institutions was to protect these individuals from society, and society from these individuals it was very rare for an individual ever leave an institution once they were placed in one. Everyone can remember watching horror films that centered on an insane asylum, these were the types of institutions that these were. Even the name insane asylum suggests that the patients...
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...relating to employment. Article 15(3) provides that the state can make special provision for women and children. In Union of India v. K.P.Prabhakaran,1997,11SCC 638, where Supreme Court held reservation of certain posts exclusively for women is valid under article 15(3), article covers every sphere of state action. Besides, Directive Principles of State Policy which concern women directly and have a special bearing on their status include Article 39(a) right to an adequate means for livelihood. Article 39-A of the Constitution provides equal justice and free legal aid. The state shall ensure that the operation of the legal system promotes justice on a basis of equal opportunity and shall in particular provide free legal aid by appropriate legislation or schemes or in any other way to ensure the existence of opportunities for securing justice....
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...4. Introducing A.D.R. in Bangladesh Justice Mustafa Kamal Former Chief Justice Supreme Court of BangladeshWHY A.D.R?The Vagaries of Civil LitigationA. D. R. means Alternative Dispute Resolution, mostly applied to civil cases. When a civil case is instituted in a court of competent jurisdiction, the scenario usually is, that a long time is taken to serve the process, the defendants beat the law and submit their written statement/s after a long delay beyond the permissible statutory period of two months, lawyers and judges do not take any interest in screening out a false and frivolous case at the first hearing of the case under Order X CPC (in fact no such first hearing takes place), they seldom try to shorten the disputed questions of fact and law by application of Orders XI and XII of the CPC and mostly ignore the elaborate procedure of discovery, interrogatories, notice to produce etc. contained in those Orders, the issues of a case are seldom framed following the Code of Civil Procedure, the case takes several years to reach a settlement date and on the date of positive hearing half a dozen or more ready cases are fixed for hearing, resulting in the hearing of none. In the meantime years roll by, presiding judge of a single case is transferred a number of times, witnesses of a single case may be heard by more than one presiding judge, arguments are listened to may be by another presiding judge and judgment may be delivered by a presiding judge who had had no connection with...
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...1 FAMILY LAW Introduction The statement by Thorpe clearly states his opinion on prenuptial agreements[1]. He deems them necessary so as the individuals could avoid the stress involved in judicial cases on marriage assets. He conceptualizes prenuptial agreements as a great way to avoid unnecessary anxiety, stress and expenses of judicial proceedings[2]. I totally agree with his concepts on and base my essay on the support of his notion. The uniqueness of this case is that there was a prenuptial agreement and yet there still was a court case. This was because the prenuptial agreement was signed in another country and it legitimacy was being contested. Not only have that different countries had different rules on these contracts. Marriage and civil partnerships require a prenuptial agreement to justify the mind set the couple were in the time of commitment. In case of separation, the prenuptial agreements re not so weighty in a court of law. It is in fact a lee way that assists the judges provide a ruling based on the evidence of an agreement at marriage[3]. This is physical evidence of what inspired during the time they agreed to get married. The agreement is aimed to protect family assets and ensure a proper future for the children in case separation. The court makes the final decision guided by the prenuptial agreement and the current issues leading to the separation. It will also consider the welfare of both parties and the children in its ruling. The prenuptial...
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...country, where the firm is headquartered and where the board of directors will review his or her performance, as well as what the shareholders would consider ethically acceptable. In China, companies have a long history of engaging in political activities. Chinese executives are frequently elected to local or national government to engage in guanxi lobbying, where they are permitted to make charitable contributions and report issues relevant to their corporation to the government. The Election Act of China permits the local manager of Dexter’s affiliate to seek election as a congressperson while remaining on Dexter’s payroll. In light of this legislation, the manager could run for office and, if elected, lobby to persuade district leaders to impose stiffer emissions and mileage requirements for heavy trucks. Such legislation would help Dexter Motors, a producer of fuel-efficient, low-emission engines, and might even have favorable consequences for China’s environment and long-term economic prosperity. There are several caveats, however. First, the Criminal Law of China’s prohibit businesses from paying bribes to government officials. Lu must consider whether Dexter’s local manager...
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...ABSTRACT Gender is a common term where as gender discrimination is meant only for women, because females are the only victims of gender discrimination. Females are nearly 50 percent of the total population but their representation in public life is very low. Recognizing women’s right and believing their ability are essential for women’s empowerment and development. This study deals with gender discrimination in India, its various forms and its causes. Importance of women in development, legislation for women and solution for gender discrimination are also discussed in this paper. Key Words: gender discrimination, women’s development, legislation for women, education, employment, economic independence, empowerment, decision making and self confidence. GENDER DISCRIMINATION AND WOMEN’S DEVELOPMENT IN INDIA Introduction Gender is a common term where as gender discrimination is meant only for women, because females are the only victims of gender discrimination. Gender discrimination is not biologically determined but it is determined by socially and the discrimination can be changed by the proper and perpetuate efforts. Denial of equality, rights and opportunity and suppresment in any form on the basis of gender is gender discrimination. Half of the world’s population is females. They are doing two-third of work of the total work in the world but received only one-tenth of the world’s total income. Nearly two-third of the women is...
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...Overview of German management and practices The German style of competition is rigorous but not ruinous. Although companies might compete for the same general market, as Daimler-Benz and BMW do, they generally seek market share rather than market domination. Many compete for a specific niche. German companies despise price competition. Instead, they engage in what German managers describe as competition on the basis of excellence in their products and services. They compete on a price basis only when it is necessary, as in the sale of bulk materials like chemicals or steel. German management, as it has evolved over the centuries and has established itself since World War II, has a distinct style and culture. Like so many things German, it goes back to the medieval guild and merchant tradition, but it also has a sense of the future and of the long term. Managers in Germany are expected to be technically capable in their respective areas and to show strong, clear leadership. Although disagreement with a superior will rarely be seen in public this does not mean that Germans are 'Yes' men. Subordinates tend to respect the technical abilities of their superiors and this will impact on their willingness to implement instructions. (The interesting corollary of this is that when less technically proficient non-Germans are asked to manage a team of Germans, the non- German can sometimes be seen as lacking the key prerequisite for developing the team's respect.) Responsibility is expected...
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...IMMIGRATION [2012] FMCA 1018 A review of Mr. Hooda’s case was sought pursuant to Judiciary Act, concluded with a declaration that the application was not rendered invalid, a writ of certiorari to quash the decision that the application was invalid, and a writ of mandamus issue to the respondent to determine the application according to law. We are today to discuss the justification of Smith FM and the implication of the case in terms of valid visa application, which will mainly focus on ‘statutory interpretation of law’ and ‘the rule of precedence’. The critical point in the case was, to be considered as a valid application, whether the law requires Form 1277 be submitted at the time of application was lodged. No indication in the legislation that the physical delivery of the approved form of undertakings of the sponsorship to the Minister was expected to occur no later than the lodgement of visa application, but only requires that it be given to the Minister before approval. Smith FM concluded that terms such as ‘sponsorship’ and ‘sponsorship entered into on Form 1277’, their meanings are no more and no less than what they are, not in the sense of ‘legally effective’. This reflects the implementation of the Literal Rule, which requires the interpretation of the law give the words meaning in plain ordinary literal meaning, rather than inferred interpretation. This is also reflected in Smith FM’s comments that there is no requirement of ‘contemporaneous delivery to the Minister’...
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...At-Will Employment Law | Exceptions, Risks, and Direction | Ehren Stellrecht, Sadie Nelson, Jesse McNaught BUS 305-01 | Introduction Employers today take many risks in running their businesses. Whether they are large or small employers, hiring and firing personnel is a fact of business. Termination (and therefore hiring) is increasingly viewed with caution, in part, because of the uncertainty regarding the law surrounding termination of employment. We will examine the law pertaining to employment relationships by exploring the employment-at-will doctrine. We will show how the at-will doctrine has evolved since its inception; then we will discuss whether the United States is generally moving toward just-cause employment. History and Explanation of the At-will Employment Doctrine Horace Wood is attributed with the creation of the at-will doctrine in 1877 in a legal treatise called Master and Servant where he described at-will employment. Some scholars say the United States had no such doctrine in the common law before this time and the use of Wood’s treatise in case law allowed a large step to be taken away from the English idea of employment rights. One oft quoted, early decision describing and favoring the at-will doctrine is in a Tennessee case, Payne v. Western & Atlantic Railroad Co. in which the judge declares “All may dismiss their employees at will, be they many or few, for good cause, for no cause[,] or even...
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...Aging and Disability Worksheet Identify 2 or 3 issues faced by the aging population. 1. Unequal treatment in employment - Poverty 2. Face prejudice and discrimination - Ageism 3. Face isolation – Elderly Abuse * What is ageism? How does ageism influence the presence of diversity in society? Ageism is the practice of prejudice of discrimination to the elderly. The way that ageism influences the presence of diversity in society is by robbing them of their choices, independence and treating them with disrespect. Also by treating them as if they are unable to handle things for themselves as if they have reverted back to an infantile stage. It should be noted that the elderly have a lot of knowledge and wisdom to bring to the table and are able to do the same if not more than society gives them credit for. Society also views elderly people as sickly, frail and unable to take care of themselves. * What is the Americans with Disabilities Act (ADA)? How does the ADA address issues for the aging population? The ADA is a civil rights law that was enacted in 1990 and that prohibits discrimination against individuals with disabilities. This law addresses the issues for the aging population by protecting anyone that is 40+ from being fired or from employment discrimination. It is designed to protect the aging and/or elderly from being passed over for a promotion or raise, however, it is difficult. This law does in fact protect against being fired...
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...|[pic] |Syllabus | | |School of Business | | |MGT/434 | | |Employment Law | Copyright © 2009, 2007, 2006, 2004 by University of Phoenix. All rights reserved. Course Description This course provides an overview of federal statutes and state-regulated areas that affect the personnel function. Among topics addressed are EEO and affirmative action, OSHA, ERISA, FMLA, and ADA; employee privacy issues (polygraph testing, drug and alcohol testing, employer searching and monitoring); and wrongful discharge. Policies Faculty and students/learners will be held responsible for understanding and adhering to all policies contained within the following two documents: University policies: You must be logged into the student website to view this document. Instructor policies: This document is posted in the Course Materials forum. University policies are subject to change. Be sure to read the policies at the beginning of each class. Policies may be slightly...
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