...joined the decision were Roberts, Scalia, Thomas, Breyer, Alito, and Sotomayor. The majority of the vote consisted of the conservatives, but also liberals such as Sotomayor. Kennedy, who wrote the majority decision, listened to The University of Texas when they stated that a racially diverse campus provided more than one benefit to the University. “The attainment of a diverse student body, by contrast, serves values beyond race alone, including enhanced class-room dialogue and the lessening of racial isolation and stereotypes” (Oyez). Students at the University of Texas are learning more than biology, they are learning about different cultures and breaking down racial stereotypes that are prominent in society today. The school was simply creating an “…atmosphere which is most conducive to speculation, experiment, and creation…”(Oyez). However, the court concluded that because the lower courts, such as the 5th circuit, did not apply strict scrutiny, they were incorrect in granting summary judgement. “ The Court concludes that the Court of Appeals did not hold the University to the demanding burden of strict scrutiny articulated in Grutter and Regents of Univ. of Cal. v. Bakke, 438 U. S. 265, 305 (1978) (opinion of Powell, J.). Because the Court of Appeals did not apply the correct standard of strict scrutiny, its decision affirming the District Court’s grant of summary judgment to the University was incorrect. That decision is vacated, and the case is remanded for further proceedings”...
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...examples of unethical action like Academic fraud, which ranges from changing grades, doing a student’s online assignments, writing papers, and even projects for that student. Then comes player compensation, and it is when a player accepts money to play at a university, sells ones apparel or equipment for money or services, and even taking money to help family is illegal and unethical. Coaches make most of the unethical decisions from hiding information, not disclosing injures such as concussions, or even interfering with players when not allowed to do so. Unethical action in college sports plague the nation and are ruining the legacies of the great universities in this nation. When a grade is changed or a paper is written for someone else’s benefit, it is considered unethical. This is an example of academic fraud. Many universities have hidden the fact that has been going on from the nation. Florida State University had sixty-one cases of academic fraud. It involved many people including; a learning specialist, academic advisor, and tutor who all took tests, wrote papers, and created projects for athletes. Florida State officials are still being investigated and it is said to have went on there since 2001. An Assistant coach at Georgia Southern was even told to be responsible for the academics of players on the basketball team. He was charged with giving wrong information with intentions to mislead the NCAA, and in the process committed academic fraud. This all happen during the years...
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... WELFARE AND OTHER SERVICES SACRAMENTO COUNTY $ ? Introduction The People’s Guide is a practical self-advocacy information guide and directory on how to get food, income, jobs and training, housing, health and dental care, legal advice, and other important help from local, state and federal programs and community services in Sacramento County. We don’t need to tell you these are hard times! Foreclosures, high unemployment, homelessness on the rise and the city, county, state and federal budgets either eliminating or making deep cuts to most of the programs talked about in this guide. These cuts mean less help for lowincome individuals, families, seniors and homeless people to access the these life-saving programs. It means reduced benefits, fewer workers, tighter eligibility rules, long lines and longer waits. not only is a self-advocacy guide to these programs, but also gives you advice on what you can do if your are treated unfairly or do not receive what you are entitled to by law. The guide is dedicated to helping all people overcome barriers when they are trying to get help. Politicians often use the money for other things than education, health, welfare and social services. But, when the rich get richer and the poor get poorer, the gap has very bad effects on our entire society. You can help close that gap. You do not need to read the entire book; just find the topic in the table of contents. But, remember, that if you are eligible for one kind of help, you often...
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...the state and the URL of the Web site used in your research. o Address which factors may influence the supply and demand for nurses. o Discuss how a nurse’s pay is determined and how the salary is structured. Discuss what your chosen state can do to increase the supply of nurses. Include at least one appropriately cited and documented quotation to support a point. Include at least one appropriately cited and documented paraphrase to support a point. ANSWER For many years now, the state of California has seen a significant growth in population. California has become a center of work and play. Millions of people have come to live in sunny California, attracted by its weather, coastline, mountains, and the many jobs in high tech and the entertainment industry, among others. California is the most populous state in the country, with 36 million residents, many of them retirees. With the growth in population, there has been a continuing growth in demand for services, including healthcare. One of the economic sectors in which there has been more demand is nursing. It is estimated that during the next 12 years, California will need an additional 75,000 registered nurses in order to keep a proper ratio between patients...
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...Pathman, 741 F. Supp. 2d at 1326 (citing Future Tech. Today, Inc. v. OSF Health. Sys., 218 F.3d 1247, 1250-51 (11th Cir. 2000)); Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 (1985). Plaintiff has not alleged that Defendant has employees in the State of Florida. That Defendant or any of its employees holds bank accounts or real property in the State of Florida. That a single act made by Defendant has generated income from the State of Florida, or any other connection between the Defendant and the State of Florida. Defendant has not sold, offered for sale, purchase goods, or manufactured any product. Furthermore, Defendant only act of registering with the state to do business alone cannot justify exercise of jurisdiction over it. The complaint lacks any particular allegations that Defendant has “purposefully availed” him/itself of the benefits of doing business in Florida, this action cannot possibly arise “out of the activities through which [it]...
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...Other People Think? (Dutton) Photo of Feynman lecturing, from PhotoNet, CalTech's archive. 6. There are, as we have seen, a number of different modes of technological innovation. Before the seventeenth century inventions (empirical or scientific) were diffused by imitation and adaption while improvement was established by the survival of the fittest. Now, technology has become a complex but consciously directed group of social activities involving a wide range of skills, exemplified by scientific research, managerial expertise, and practical and inventive abilities. The powers of technology appear to be unlimited. If some of the dangers may be great, the potential rewards are greater still. This is not simply a matter of material benefits for, as we have seen, major changes in thought have, in the past, occurred as consequences of technological advances. D. S. L. CARDWELL, Concluding paragraph of...
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...Google Library project Khaled Deyab Cal University DBA in Health Care Management and Leadership Introduction Google Library Project's transforms the text into a comprehensive word index to facilitate searching and data mining in new areas. The use does not supersede or replace reading of books; it adds something new to the original work by using words to facilitate searching. It aim to make it easier for people to find relevant books specifically, books they wouldn't find any other way such as those that are out of print. At the same time will carefully respecting authors' and publishers' copyrights. The goal is to create a comprehensive, searchable, virtual card catalog of all books in all languages that helps users discover new books and publishers discover new readers. Users simply search for a book or topic using keywords and Google lists books from its database containing the search terms. Users can then click a book title to view “snippets” of books containing the term(s) searched. We are going to talk about Google Library Project and a history for their straggle in court. We are also going to talk about is it good or bad that Google is a United State corporation bound by U.S. laws., what is the “fair use” doctrine and if we think that Google defines it correctly in this controversy. We are also going to explain why some libraries are backers of the project, while others vehemently oppose it. Discussion Google Library Project's aim to make it easier for...
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...13 CASE Emanuel Medical Center: Crisis in the Health Care Industry The Haley Eckman Story On Friday, four-year-old Haley Eckman stayed home from school because of a slight fever. She complained that she was feeling very tired. That night, Haley’s temperature increased to 104°F. At 3:15 A.M., Mr. and Mrs. Eckman took Haley to the emergency department (ED) of Emanuel Medical Center (EMC) in Turlock, California. They registered at the admissions desk and waited for someone to see them. After what seemed like forever to the Eckmans, a triage nurse came out to evaluate Haley. He asked several questions, but failed to take her temperature – a routine procedure in that situation. He then disappeared, leaving the Eckmans to wait yet again. While they waited, Haley vomited. She said she felt very weak. The family asked if Haley could lie down in a bed while they waited to see a doctor. A staff member told them that there were no available This case study was prepared by Randall Harris, Kevin Vogt, and Armand Gilinsky as a basis for class discussion rather than to illustrate either effective or ineffective handling of an administrative situation. © 2004 by Randall Harris, Kevin Vogt, and Armand Gilinsky. Used with permission from Randy Harris. both13.indd 670 11/11/08 12:04:27 PM MORE PROBLEMS THAN THE ED 671 beds, and that they would have to wait. The Eckmans saw several empty beds across the hall from where they sat as the staff member said...
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...People, Idiots with Guns Do My mother had a bumper-sticker that read, “I have the right to arm bears,” a play on words, of course, to the second amendments, “The right to bear arms.” As an advocate of Gun Control, she found that hilarious. Between advocates and antagonists of the “right to bear arms,” there are two primary and opposing interpretations of the second amendment. Proponents interpret it to apply to the individual, while antagonists believe it guarantees a collective right, not an individual right to bear arms. There is law to support both sides. I am not going to argue the merits of either view from a constitutional perspective; instead, I want to show that firearms in general are an impediment to American society, not a benefit. The only solution that will help to protect society is Gun Control. Primarily, we need to restrict gun ownership, the types of firearms/ammunition allowed and who is allowed to possess them. To put it nicely, you would have to be a person of diminished capacity to not believe that there is a relationship between firearms and the escalating rate of deaths in America. Our rates of murder, suicide, and accidental deaths by firearms are one of the highest (compared to other developed countries) in the world. In an article by Charles Kenny, he references a “survey of academic studies performed by Harvard University’s Lisa Hepburn and David Hemenway where they concluded “That high-income countries with more firearms have more homicides...
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...STATE UNIVERSITY OF NEW YORK AT ALBANY Emanuel Medical Center Situational & Decision Analysis James T. Onisk 4/29/2012 Table of Contents Situational Analysis Appendices External Analysis Appendix A: S.W.O.T. Analysis Appendix B: External Trend/Issue Analysis Appendix C: Environmental Trends/Issues Plot Appendix D: Stakeholder Map Appendix E: Service Area Profile Appendix F: Service Area Structural Analysis Appendix G: Service Area Competitor Analysis Appendix H: Critical Success Factor Analysis Appendix I: Mapping Competitors Appendix J: Synthesizing the Analysis Internal Analysis Appendix K: Financial Analysis Appendix L: Value Chain Strengths and Weaknesses Appendix M: Value Chain Competitive Advantages Relative to Strengths Appendix N: Value Chain Competitive Disadvantages Relative to Weaknesses Appendix O: Strategic Implications of Strengths and Weaknesses References Decision Analysis Decision Analysis Appendices Appendix P: Directional Strategies Appendix Q: Adaptive Strategies Appendix R: Market Entry Strategies Appendix S: Strategic Positioning Appendix T: Value-Chain Funcations References 1 2-11 12-13 14-17 18-29 30-36 37-50 51-60 61-66 67 I-VII 68-74 75-81 82-86 87-91 92-95 96-105 VIII-XV 106-109 110-122 123-125 126-128 129-135 136 Issue Statement Emanuel Medical Center (EMC) is encountering tremendous financial troubles as it struggles to remain open as an independent general acute care hospital. Changes in federal regulations such as the implementation...
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...Miu Supermarket, Flower City, Taipa | Seven Eleven, Flower City, Taipa | Merchandise | Product 1 | Fresh Milk | Product 2 | Dark Chocolate | Product 3 | Potato Chips | Product 4 | Ice Cream | Product 5 | Soda Cracker | Product 6 | Can/Bottle Coffee | Product 7 | Convenient Fried Noodle | A. PARK’N SHOP, Taipa Product #1: Fresh Milk Type of Product: Food PARK’N SHOP, Taipa Variety(Based on Brands) | Assortment(Based on Categories) | Package | Price | Price Discount Promotion If Any | VITA | Family Milk Gable | 236ml | $5.90 | | | Family Milk Gable | 946ml | $23.90 | | | Hi-Cal Whole Milk | 236ml | $6.50 | | | Hi-Cal Whole Milk | 946ml | $23.90 | | | 200% Chocolate Milk | 236ml | $5.90 | | | 200% Chocolate Milk | 946ml | $21.90 | | KOWLOON DAIRY | Fresh Milk | 236ml | $6.90 | | | Fresh Milk | 946ml | $24.50 | | | Bottle Fresh Milk | 235ml | $7.60 | | | Hi-Calcium Milk | 236ml | $6.90 | | | Papaya Slimmilk | 236ml | $6.90 | | | Skimmed Milk | 236ml | $6.90 | | | Chocolate Milk | 236ml | $6.20 | | | Hi-Calcium Slimmilk | 946ml | $24.50 | | | Skimmed Milk | 946ml | $24.50 | | | Hi-Calcium Skimmed | 946ml | $24.50 | | Nestle Dairy | Fresh Milk | 236ml | $6.30 | $12/2PC | | Hi-Calcium Milk |...
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...Assignment Five College Athletes and Compensation Professor Adam Lawrence Strayer University June 9, 2013 PART I: PROBLEM The goal of this paper is to focus on evidence that college athletes, specifically, football players should be compensated for the talents they demonstrate on the field; for many reasons. It is well documented that college presidents, coaches, athletic directors often think of athletics as the “front porch” of their campuses (Weaver, 2011), as it relates to college revenues. Weaver further maintains that college athletes, especially football players, are needed to generate the revenues to build both and support a winning football team, and athletics department. And historically colleges rely on ticket sales, game programs, and advertising revenues, to do so. Additionally, coaches’ salary and facility renovations also are factor in terms of colleges and universities needing to generate revenues as well. But before the former can be brought to fruition colleges must first persuade the most talented athletes to their school. What criteria do colleges and universities utilize when recruiting athletes with regard to talent, academics, finances, and student population? Additionally, what perks are colleges and universities offering these athletes to entice them at a minimum to the said front porch? Let’s start by first exploring how colleges and universities generate revenues. First, warning sign (problem) is that billions in annual revenues...
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...THE LIABILITY OF INTERNET SERVICE PROVIDERS FOR UNLAWFUL CONTENT POSTED BY THIRD PARTIES N.D. O’BRIEN 2010 THE LIABILITY OF INTERNET SERVICE PROVIDERS FOR UNLAWFUL CONTENT POSTED BY THIRD PARTIES By N.D. O’BRIEN Submitted in fulfilment of the requirements for the degree of MAGISTER LEGUM in the Faculty of Law at the Nelson Mandela Metropolitan University January 2010 Supervisor: Prof F. Marx PREFACE I would like to extend my thanks to the following people: To my parents and Emma Taggart for their help, encouragement, sacrifice and support; To my supervisor, Prof Marx, for his assistance and guidance; To Dawn Prinsloo, at the NMMU Library, for providing me with her time and guidance; To Ms. Fourie, the Law Faculty Officer, for her always prompt and friendly assistance; To Mr. Ant Brooks and the Internet Service Provider Association, for providing me with a variety of interesting information and insights. Without their invaluable assistance I would not have been able to have completed this work. i SUMMARY Internet Service Providers (ISP’s) are crucial to the operation and development of the Internet. However, through the performance of their basic functions, they faced the great risk of civil and criminal liability for unlawful content posted by third parties. As this risk threatened the potential of the Internet, various jurisdictions opted to promulgate legislation that granted ISP’s safe harbours from liability. The South African (RSA)...
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...Leadership Development Program 2001/2002 Student Portal Project May 22, 2002 Cecille Cabacungan, Goldman School of Public Policy Lesley Clark, Center for Organizational Effectiveness Rachelle Feldman, Financial Aid Office Paula Flamm, University Health Services Gail Ford, The Library Kati Markowitz, Neuroscience Institute Stacey Shulman, Department of Chemical Engineering Dan Sullivan, Haas School of Business Imagine a single Website personalized to meet all your cyberneeds – one that would keep you up-to-date on campus events and academic information and would be accessible from any computer. -- The Daily Californian, April 15, 2002 Table of Contents Executive Summary Main Report I. Charge and Methodology II. Findings III. Portal Development, Current Practices IV. Costs and Phased Implementation V. Conclusions and Recommendations; Criteria for Measuring Portal Success VI. Three Portal Interface Options for Look and Feel; Criteria for Evaluating Options VII. Portal Names Appendices Introduction, Charge, and Methodology Appendix I – Definitions Appendix II – Respondents Appendix III – Student Survey Instrument Appendix IV – Staff, Faculty, Administrator One-on-One Interview Questions Appendix V – Staff Focus Group Questions Appendix VI – Staff, Faculty, and Administrator Survey Instrument Appendix VII – Portal Developer Questionnaire UCB Student Response Appendix VIII – Undergraduate Affairs Focus Groups, Raw Data, 2001 Appendix...
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...Enforceability of Pre-Dispute Clauses in Employment Agreements I. Introduction Employers continually turn to arbitration to resolve disputes with those within the employment relationship. Over the years, the enforceability of pre-dispute arbitration clauses contained in employment agreements has been a controversial issue in American Jurisprudence. Proponents of arbitration clauses assert the potential benefits of arbitration; among many, arbitration is quicker, cheaper, avoids excessive jury verdicts, and is private. Those who oppose arbitration clauses claim the clauses limit due process rights of employees, limit the ability for the employee to conduct adequate discovery, and often include provisions that tilt the system against employees. As courts become progressively more overburdened, alternative dispute options for employment agreements gain increased national attention. Throughout the twentieth century, courts regularly invalidated arbitration clauses in the employment context. In 1991, the Supreme Court significantly departed from previous precedent and ruled that arbitration clauses in employment disputes are enforceable. Today, arbitration agreements (except for those in the transportation industry) are enforceable so long as certain due process conditions are met. First, this paper will discuss the current state of the law including policy considerations that are currently debated among scholars regarding arbitration agreements. Second, this paper...
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