...reservations about covering possible liability for its’ Buffalo Creek Operations. Pittston’s attorneys the attempt the old “divide and conquer” move, where it pits two of the most labor intensive aspects of discovery (depositions both of the plaintiffs and Pittston execs). The deposition of the plaintiffs required actual depositions in one city and physical examinations/testing in another. These two simultaneous events were meant to divide the manpower of the plaintiffs’ attorneys, and through the rigors of the examinations/testing, demoralize the plaintiffs. This extremely cumbersome for the attorneys, it was also for the plaintiffs. However, in a stroke of good fortune, the judge awards the plaintiffs mileage and a stipend for food, etc…and orders Pittson to pay for their hotel rooms. In another stroke of good fortune, the depositions depict the horror and terror survivors felt during the disaster. Each successive deposition is more graphic than the next. This is as upsetting for the plaintiffs to recall, as it is for opposing counsel to hear and record. But, as a matter of official record, these horrific tales lend credence to the mental anguish claims, but also gives the media access to first-hand accounts of the disaster. It is during the deposition of the Pittston execs that holes begin to be poked in their previous testimony. During depositions it is discovered that Pittston was the sole owner of Buffalo Creek Mining. That many of the so called corporate meeting...
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...Buffalo Creek: Disaster Appropriation The Buffalo Creek Disaster in February of 1972 was, in no manner of exaggeration, a horrific and awful event. Worse than a tornado or an earthquake because it was completely and utterly avoidable; an example of corporate greed that needed to be atoned for. Pittston company surely only owned the Buffalo Creek Mining company but this case was a landmark in corporate liability in regards to ‘Piercing the Corporate Veil’. In the eyes of the law, a corporation is considered most of a person. It can have investments, it can be sued, it can be held accountable. Obviously, a corporation is not a person, and thus it can’t be sentenced to community service or prison time. The idea behind a corporation being held accountable is that the owners and/or shareholders have a limited liability with regards to the actions of the company. In the instance of the Buffalo Creek dam disaster, Pittston (whom owns the Buffalo Creek Mining Company) argued that they couldn’t be held responsible for the unfortunate disaster because they were mere shareholders in the Buffalo Creek Mining Company. They argued that while they owned the company, they were not responsible for the actions of the company itself. In most cases, this might be true. If this case hadn’t be tried as hard as Mr. Stern and his partners had, Pittston never would have been deemed liable. As Pittston’s legal team would try to conceal, and Stern and company would come to discover, Pittston...
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...Logan County, West Virginia is home to a small area called the Buffalo Creek Hallow. Numerous towns sprang up over years in this coal rich creek since the boom of the mining industry. The year 1970 saw the most prosperous year for coal, the increased demand attracted new mining companies to set up shop at Buffalo Creek however a flood during a cold winter morning in 1972 changed the lives of the residents forever. The coal mining history of Buffalo Creek can be traced back all the way to 1940s. At that time, Lorado Coal Mining Company opened Mine No.5 at the almost the top of the Buffalo hallow. The dumping of sludge from this mine was happening at the mouth of the middle fork. It functioned just like a dam and was viewed like one without much thought. When the Buffalo Mining Company took over Lorada, they began dumpling sludge behind the first “dam” at the middle fork stream. In 1967, the old dam proved problematic when it failed however there was no considerable damage. The coal mining company did not take the threat seriously as it continued to pile waste. In 1970, when Pittson coal took over, the danger exponentially increased as a third dam was constructed behind the first two which completely blocked the streams by a network of sledge dams. In the last week of February 1972, ponds/streams behind the first dam started to rise. These ponds had millions of tons of sludgy material at the bottom that acted as quick sand. The rain and snow pounding along with routinely...
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...The Buffalo Creek Disaster Seeing family members die before your eyes is unimaginable. Seeing family members die when maybe you could have saved them, has to be a nightmare. Understanding that nothing you did, caused this horrible event to happen, is hard to let go. Gerald M.Stern writes the story of The Buffalo Creek Disaster, how a coal cleaning impoundment dam burst, killing 125 people injuring more than 1000 and causing over 4000 people to be homeless. Stern describes victims losing family members before their eyes, and the devastation caused by the flood. The writer also describes the causes of the disaster, and action he and his legal team team took on behalf of the victims, because it was, “the right thing [to do]” (21). This story tells how Stern and his colleagues worked as a team, made their way through the US legal system, and find justice for the victims. “One [Saturday] morning in February [26th] 1972… A coal company’s massive coal-refuse pile…collapsed without warning…killing 125 people mostly women and children” (Prologue). This horrible event captured the nation’s attention. Filmed news reports showed the black water rushing through the canyon that paralleled buffalo creek in the State of West Virginia. The high waters washed houses, people, telephone poles, rubbish, irreplaceable personal possessions and keepsakes away forever. Stearns an attorney, had helped with the civil rights struggle in the 1960’s and wanted to help the flood victims recover from the...
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...DEPARTMENT OF POLITICAL SCIENCE AND LAW MONTCLAIR STATE UNIVERSITY Course LAWS 200-01 Introduction to Law Semester Spring 2013 Mondays 10:00am – 12:30pm DI 181 Instructor Marc A. Schwartz Email: schwartzm@mail.montclair.edu Office Hours By appointment Texts D. Carper Understanding the Law, 6TH edition G. Stern The Buffalo Creek Disaster Course Requirements Examinations: There will be two in-class examinations and a final examination. Each will count for 20% of your final grade. If you miss an examination, it is your obligation to contact the instructor by email within 12 hours of the missed examination. The failure to so contact the instructor will result in a grade of “0” for that examination. Examinations are scheduled as follows: Examination No. 1 February 25, 2013 Examination No. 2 April 8, 2013 Final Examination May 13, 2013 (10:15am –11:30am) Writing Assignment: You are to submit a paper based on your observation of a court proceeding. The paper must be a minimum of four pages in length. Papers that are not typewritten, double spaced and stapled will...
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...The international community has not legally admonished the United States for genocidal acts against Native Americans, yet it is clear that examples of genocidal acts and crimes against humanity are a well-cited page in U.S. history. Notorious incidents, such as the Trail of Tears, the Sand Creek Massacre, and the massacre of the Yuki of northern California are covered in depth in separate entries in this encyclopedia. More controversial, however, is whether the colonies and the United States participated in genocidal acts as an overall policy toward Native Americans. The Native-American population decrease since the arrival of Spanish explorer Christopher Columbus alone signals the toll colonization and U.S. settlement took on the native population. Scholars estimate that approximately 10 million pre-Columbian Native Americans resided in the present-day United States. That number has since fallen to approximately 2.4 million. While this population decrease cannot be attributed solely to the actions of the U.S. government, they certainly played a key role. In addition to population decrease, Native Americans have also experienced significant cultural and proprietary losses as a result of U.S. governmental actions. The total effect has posed a serious threat to the sustainability of the Native-American people and culture. Ideological Motivations Two conflicting yet equally harmful ideologies significantly influenced U.S. dealings with Native Americans. The first sprang from...
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...2015 GRADUATE POLICIES FROM 2013/2014 BULLETIN POLICY ON ACADEMIC HONESTY Academic dishonesty is a serious ethical and professional infraction. “Hofstra University places high value upon educating students about academic honesty. At the same time, the University will not tolerate dishonesty, and it will not offer the privileges of the community to the repeat offender.” Please refer to at the Graduate Policy at http://www.hofstra.edu/pdf/Faculty/Senate/senate_FPS_11G.pdf for details about what constitutes academic dishonesty, including plagiarism, and Hofstra’s procedures for handling violations. UNIVERSITY POLICY ON GRADUATE INCOMPLETE GRADES When requested by the student, the instructor may grant, at her/his discretion, a grade of Incomplete (‘I’). An ‘I’ grade should be given only when unforeseen circumstances prevent the student from completing course work on time. As part of the normal final-grade process, the instructor must submit an ‘I’ grade online to the Office of Academic Records/Registrar with a default grade, the grade the student will receive if the missing work is not completed. The default final grade must be a letter grade or a permanent Incomplete (‘INC’); a UW is not an acceptable default grade. In unusual circumstances, the faculty member may submit an ‘I’ grade without prior discussion with the student. The instructor will decide the time frame in which the student will complete the required course work. However, the deadline may not exceed...
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...THE BATTLE OF THE LITTLE BIGHORN (causes and effects) Susan Adams Morgan History 4414-XTIA October 3, 2015 Dr. Mickey Crews Troy University The Battle of the Little Bighorn On a hot dusty June 25th day in 1876, one of the most famous battles in American history would take place along a four-mile stretch of the Little Bighorn River in the Black Hills in southeastern Montana. This battle was also known as Custer’s Last Stand by the American people and the Native Americans knew the battle as the Battle of Greasy Grass. There are many different reasons that this one battle was so famous. It is because it would be the last great battle that the Native Americans would win and it would be the last great battle that George Armstrong Custer would lose. Why did this battle even have to take place? The area where this battle took place was in the Black Hills of South Dakota. Exactly why were the Black Hills of South Dakota so important to the United States that they would violate the Fort Laramie Treaty of 1851 and sacrifice so many lives for? The principal antagonists were the Seventh Regiment of Cavalry of the United States Army which was under the command of Lieutenant Colonel George Armstrong Custer, and a number of nomadic Indian tribes—Cheyenne, Sans Arcs, Miniconjoux Sioux, Oglala Sioux, Blackfeet, and Hunkpapa Sioux—under the general direction of Sioux Chief Sitting Bull, at least for the duration of the battle[i]. The United States...
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...Weichao Xu Sciology 101 Chapter 7 Native American 1. Sociohistorical Perspective Early Encounters A. Place the pre-European colonization number of Native Americans become United States. a) Tribes changed their values, customs and beliefs. B. Debate about native American and European culture. a) Indigenous people to be savage. b) Incorrupt children of nature always engage in pleasurable activities. C. The stereotype of Native Americans is negative. 1. They obstruct Europeans from occupying the native americans’ land. 2. Cruel, treacherous, lying and dirty health. 3. Scalps, firearms and firewater. D. Outsiders frequently generalize about Native Americans. 1. The Native’s American language decrease from 300 to 175 . 2. English become the main language in home, school and work place. E. The relationship between Native Americans and whites. 1. Whits was the newcomers to Native Americans. a) Distrust b) Uneasy truces c) Violent hostilities F. The major issue whose way of life would prevail. 1. European a) Beatings, hangings , and imprisonment. b) The land would be developed further. 2. Native American Natural state, abounding with fish and wildlife. G. Forced relocation of Native American tribes to encourage westward expansion. ...
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...Stress (psychology), an unpleasant state of emotional and physiological arousal that people experience in situations that they perceive as dangerous or threatening to their well-being. The word stress means different things to different people. Some people define stress as events or situations that cause them to feel tension, pressure, or negative emotions such as anxiety and anger. Others view stress as the response to these situations. This response includes physiological changes-such as increased heart rate and muscle tension-as well as emotional and behavioral changes. However, most psychologists regard stress as a process involving a person's interpretation and response to a threatening event. Stress is a common thing we all experience. We may feel stress when we are very busy, have important deadlines to meet, or have too little time to finish all of our tasks. Often people experience stress because of problems at work or in social relationships, such as a poor evaluation by a supervisor or an argument with a friend. Some people may be particularly vulnerable to stress in situations involving the threat of failure or personal humiliation. Others have extreme fears of objects or things associated with physical threats-such as snakes, illness, storms, or flying in an airplane-and become stressed when they encounter or think about these perceived threats. Major life events, such as the death of a loved one, can cause severe stress. Stress can have both positive and negative...
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...The Origins of the Chinese Empire, to 220 C.E. these cities, built by rulers to move troops and supplies, were traveled by traders transporting such items as metal tools and utensils, lacquered wood plates and boxes, silk, pottery, gems, salt, and lumber. A money economy emerged, using copper coins called cash, with center holes for stringing them together for counting and carrying. China's towns and cities were likewise linked into a large economic system . Trade between China and distant lands A metal bell from the Zhou era. was difficult and dangerous, but by the era's end commerce was conducted by sea with Southeast Asia and by land routes crossing Central Asia. The Central Asian Connection Central Asia, a vast expanse to China's north and west where the climate was too dry for farming (Map 2), was home mainly to pastoral nomads who grazed herds on its plateaus and plains. Skilled on horseback, the nomads occasionally attacked Chinese settlements to carry off goods and supplies, but they also spread commerce and useful knowledge. Some nomads, for example, exchanged their Central Asian nomads connect China with other cultures Nomads and Chinese adopt horse riding and crossbows from each other Iron tools and weapons spread to China, enhancing farming and warfare hides, wool, and horses for Chinese silk, pottery, metalware, and wood products and then traded these items with other societies across Central Asia. Over time, connections with the...
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...Supernatural: The Life of William Branham Book 6: The Prophet and His Revelation 1960 – 1965 by Owen Jorgensen 1 Acknowledgments: In a project of this magnitude, it is understandable that I should owe many people a debt of gratitude for their help. First of all I want to thank Pearry Green for his vision, his encouragement and his efforts in publishing and distributing these books. I also want to thank Saundra Miles, David Buckley, Jay Weber, and the other people who spent many hours editing and proof reading the six manuscripts in this series. Their suggestions helped to make this a better book and a more accurate account of William Branham‘s life. Also, I want to thank Steven and Kathy Strooh, who put these books into audio format for all those people who would rather listen than read. I must certainly thank those people who have translated these books into their native languages: Spanish, Portuguese, French, German, Russian, Norwegian, Hindi, and many other languages. Supernatural: the Life of William Branham took me 17 years to complete. I was 34 when I started and 51 when I finished. To put that into perspective, my four children were in grade school when I began writing this biography. By the time I finished, three of my children were married and I had nine grandchildren. During the 17 years I worked on this project, my life had its ups and downs. I want to thank everyone who prayed for me during those 17 years. Finally I want to thank my four children—Benaiah...
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...Around the World in 80 Days By Jules Verne Download free eBooks of classic literature, books and novels at Planet eBook. Subscribe to our free eBooks blog and email newsletter. CHAPTER I IN WHICH PHILEAS FOGG AND PASSEPARTOUT ACCEPT EACH OTHER, THE ONE AS MASTER, THE OTHER AS MAN M r. Phileas Fogg lived, in 1872, at No. 7, Saville Row, Burlington Gardens, the house in which Sheridan died in 1814. He was one of the most noticeable members of the Reform Club, though he seemed always to avoid attracting attention; an enigmatical personage, about whom little was known, except that he was a polished man of the world. People said that he resembled Byron—at least that his head was Byronic; but he was a bearded, tranquil Byron, who might live on a thousand years without growing old. Certainly an Englishman, it was more doubtful whether Phileas Fogg was a Londoner. He was never seen on ‘Change, nor at the Bank, nor in the counting-rooms of the Around the World in 80 Days ‘City”; no ships ever came into London docks of which he was the owner; he had no public employment; he had never been entered at any of the Inns of Court, either at the Temple, or Lincoln’s Inn, or Gray’s Inn; nor had his voice ever resounded in the Court of Chancery, or in the Exchequer, or the Queen’s Bench, or the Ecclesiastical Courts. He certainly was not a manufacturer; nor was he a merchant or a gentleman farmer. His name was strange to the scientific and learned societies...
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...Growing Up Asian in Australia file:///D|/ /Calibre Library/Wei Zhi/Growing Up Asian in Australia (799)/text/part0000.html[2014-6-18 23:54:32] Growing Up Asian in Australia file:///D|/ /Calibre Library/Wei Zhi/Growing Up Asian in Australia (799)/text/part0000.html[2014-6-18 23:54:32] Growing Up Asian in Australia Growing up Asian in Australia file:///D|/ /Calibre Library/Wei Zhi/Growing Up Asian in Australia (799)/text/part0001.html[2014-6-18 23:54:33] Growing Up Asian in Australia Growing up Asian in Australia ...................................... Alice Pung Edited by file:///D|/ /Calibre Library/Wei Zhi/Growing Up Asian in Australia (799)/text/part0002.html[2014-6-18 23:54:33] Growing Up Asian in Australia Published by Black Inc., an imprint of Schwartz Media Pty Ltd Level 5, 289 Flinders Lane Melbourne Victoria 3000 Australia email: enquiries@blackincbooks.com http://www.blackincbooks.com Introduction and this collection © Alice Pung & Black Inc. Individual works © retained by the authors. Reprinted 2008 . ALL RIGHTS RESERVED. 2008. No part of this publication may be reproduced, stored in a retrieval system, or transmitted in any form by any means electronic, mechanical, photocopying, recording or otherwise without the prior consent of the publishers. Photo of Hoa Pham by Alister Air. Photo of Joy Hopwood by Yanna Black. The National Library of Australia Cataloguing-in-Publication entry: Pung, Alice (ed.) Growing up...
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...COLLAPSE HOW S O C I E T I E S CHOOSE TO FAIL OR S U C C E E D JARED DIAMOND VIK ING VIKING Published by the Penguin Group Penguin Group (USA) Inc., 375 Hudson Street, New York, New York 10014, U.S.A. Penguin Group (Canada), 10 Alcorn Avenue, Toronto, Ontario, Canada M4V 3B2 (a division of Pearson Penguin Canada Inc.) Penguin Books Ltd, 80 Strand, London WC2R ORL, England Penguin Ireland, 25 St. Stephen's Green, Dublin 2, Ireland (a division of Penguin Books Ltd) Penguin Books Australia Ltd, 250 Camberwell Road, Camberwell, Victoria 3124, Australia (a division of Pearson Australia Group Pty Ltd) Penguin Books India Pvt Ltd, 11 Community Centre, Panchsheel Park, New Delhi—110 017, India Penguin Group (NZ), Cnr Airborne and Rosedale Roads, Albany, Auckland 1310, New Zealand (a division of Pearson New Zealand Ltd) Penguin Books (South Africa) (Pty) Ltd, 24 Sturdee Avenue, Rosebank, Johannesburg 2196, South Africa Penguin Books Ltd, Registered Offices: 80 Strand, London WC2R ORL, England First published in 2005 by Viking Penguin, a member of Penguin Group (USA) Inc. 13579 10 8642 Copyright © Jared Diamond, 2005 All rights reserved Maps by Jeffrey L. Ward LIBRARY OF CONGRESS CATALOGING IN PUBLICATION DATA Diamond, Jared M. Collapse: how societies choose to fail or succeed/Jared Diamond. p. cm. Includes index. ISBN 0-670-03337-5 1. Social history—Case studies. 2. Social change—Case studies. 3. Environmental policy— Case studies. I. Title. HN13. D5 2005 304.2'8—dc22...
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