...Assignment #1 – Davis v. The Board of County Commissioner of Doña Ana County Lisa Auvil January 22, 2012 Business Employment Law - HRM 510 Dr. Zelphia A. Brown, SPHR, Instructor Assignment #1 – Davis v. The Board of County Commissioner of Doña Ana County 1. What is the legal issue in this case? The legal issue in this case is negligent referral (Walsh p 148). Negligent referral is when a former employer gives a positive recommendation that leads to half-truths with regards to the character of a former employee. Liability may be imposed if the referral leads to foreseeable and considerable risk or harm to a third party (McCord 1999). Mesilla Valley Hospital (MVH), a psychiatric hospital in Doña Ana County hired Joseph Herrera (Herrera) as a mental health technician on January 20, 1995. Prior to his employment with MVH Herrera was a detention sergeant and classification officer at Doña Ana County Detention Center (Detention Center). According to the plaintiff Herrera was hired by MVH based on the unqualified favorable recommendations from his former Detention Center Supervisors Frank Steele and Al Mochen. The accuracy of these recommendations is the crux of the Plaintiff’s suit against the County ("Davis v. the," 1999). 2. Why does the court conclude that Doña Ana County could be held liable for negligent referral (misrepresentation)? While employed at the Detention Center in 1993 a female inmate alleged that Herrera had sexually harassed her...
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...Davis v. the Board of County Commissioners of Dana Ana County Patty Turner Dr. John Loblack HRM510 Business Employment Law 11/01/2012 Davis v. the Board of County Commissioners of Dana Ana County This case explores the fundamental legal issue of negligent referrals or misrepresentations of facts that an employer provides regarding a previous employee. Questions for the court to evaluate regarding the matter are: What if provided references are misleading? Can an employer be sued for exercising negligence in referring an unfit employee who harms or show foreseeable possibilities of causing harm on a new job? Who bestows the duty of care? What was the legal issue in this case? The legal issue in the case of Davis v the Board of County Commissioners of Doña Ana County involved the misrepresenting of referral information of a previous employee, Joseph Herrera. Herrera was a detention officer at the Dona Ana County Detention Center who was disciplined for having improper sexual interaction with female prison inmates. In spite of these unprofessional issues, Herrera’s supervisor, Frank Steele, gave him an outstanding reference; a reference that helped him secure another position at another institution. In addition to Steele’s excellent letter of reference, Herrera received a positive verbal recommendation from another supervisor, Mochen. Unfortunately, Herrera did not live up to the positive referrals he received from...
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...David v. The Board of County Commissioners of Dona Ana County HRM 510/Business Employment Law April 28, 2014 David v. The Board of County Commissioners of Dona Ana County In the case of David v. The Board of County Commissioners of Dona Ana County, the Mexico Supreme Court of Appeals held that when any employer chooses to provide an employment recommendation, the employer has a duty to not make negligent misrepresentation of current or past employee’s record when there is foreseeable potential risk of physical harm to the third party by the employee. In this case Joseph Herrera, an employee at the detention center was accused of sexually harassing the female inmates. Herrera’s supervisor at MVH where he was employed, advise Herrera that they will taking actions to discipline him due to the complaints and Herrera resigns. Herrera asks his employers to give him a letter of recommendation for an employer he was applying for and the supervisors give him an outstanding recommendation. His supervisors neglect to tell the prospective employer, that at the time of his employment, he was under investigation for sexual harassment. Because they did not disclose that information they employed Herrera and he repeated his actions. What was the legal issue in this case? There are two legal issues in question in the case of David v. The Board of County Commissioners of Dona Ana County. The issues in question are whether the employers feel the need to talk, and the employers choosing...
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...David v. The Board of County Commissioners of Dona Ana County April 28, 2014 David v. The Board of County Commissioners of Dona Ana County In the case of David v. The Board of County Commissioners of Dona Ana County, the Mexico Supreme Court of Appeals held that when any employer chooses to provide an employment recommendation, the employer has a duty to not make negligent misrepresentation of current or past employee’s record when there is foreseeable potential risk of physical harm to the third party by the employee. In this case Joseph Herrera, an employee at the detention center was accused of sexually harassing the female inmates. Herrera’s supervisor at MVH where he was employed, advise Herrera that they will taking actions to discipline him due to the complaints and Herrera resigns. Herrera asks his employers to give him a letter of recommendation for an employer he was applying for and the supervisors give him an outstanding recommendation. His supervisors neglect to tell the prospective employer, that at the time of his employment, he was under investigation for sexual harassment. Because they did not disclose that information they employed Herrera and he repeated his actions. What was the legal issue in this case? There are two legal issues in question in the case of David v. The Board of County Commissioners of Dona Ana County. The issues in question are whether the employers feel the need to talk, and the employers choosing to recommend employees owe any...
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...California EXAM PREP The SMART Guide to Passing Kor Real Estate California Real Estate Exam Prep: The SMART Guide to Passing Cengage Learning Vice President/Editor-in-Chief: Dave Shaut Executive Editor: Scott Person Acquisitions Editor: Sara Glassmeyer Senior Marketing Manager: Mark Linton Manager of Technology, Editorial: John Barans Frontlist Buyer, Manufacturing: Kevin Kluck Art Director: Bethany Casey Content Project Manager: D. Jean Buttrom Production Service: Pre-Press/PMG-India Cover Designer: Pop Design Works, www.popdesignworks.com Cover Images: © Getty Images © 2009 Cengage Learning ALL RIGHTS RESERVED. No part of this work covered by the copyright hereon may be reproduced or used in any form or by any means—graphic, electronic, or mechanical, including photocopying, recording, taping, Web distribution, information storage and retrieval systems, or in any other manner—except as may be permitted by the license terms herein. For product information and technology assistance, contact us at Cengage Learning Customer & Sales Support, 1-800-354-9706 For permission to use material from this text or product, submit all requests online at www.cengage.com/permissions Further permissions questions can be emailed to permissionrequest@cengage.com Library of Congress Control Number: 2008926512 Student Edition ISBN 13: 978-0-324-64498-2 Student Edition ISBN 10: 0-324-64498-1 Student Edition with CD ISBN 13: 978-0-324-64497-5 Student Edition with CD ISBN 10: 0-324-64497-3...
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...Capital Punishment Against 1211733 SouJin Park 1215202 EunJeong Lee 1115526 SeoHyun Nam 0711726 JooHa Cha Table of Contents 1.0 Introduction 3 2.0 Different Aspects on Death Penalty 3 2.1.0 Political Aspect: Wrong Conviction 4 2.1.1 Torture Used to Innocents 4 2.1.2 Amateur Attorney 5 2.2.0 Economical Aspect: High Cost Of Death Row 5 2.2.1 Plea Bargaining 6 2.2.2 Motions 6 2.2.3 Court Time 7 2.2.4 Lawyer 7 2.2.5 Investigators and Expert Testimony 8 2.2.6 Opportunity Cost. 8 2.2.7 Cost-effectiveness. 9 2.3.0 Social Aspect # 2.3.1.0 Deterrent Effect # 2.3.1.1 Ineffectiveness # 2.3.1.2 Counteract as an Incitement # 2.3.1.3 Lack of Viability # 2.3.2 Discrimination # 2.3.2 Overcrowding Problems # 2.4.0 Ethical Aspect # 2.4.1.0 Human Rights # 2.4.1.1 The Universal Declaration # 2.4.1.2 The International Covenant on Civil and Political Rights # 2.4.2 Rights of Criminal’s Family # 2.4.3 The Pain of Capital Death # 3.0 Alternative Solutions # 3.1 Life Imprisonment # 3.2 Rehabilitation or Reformatories # 3.3.0 Cases of Sex Offenders # 3.3.1 Use of GPS Device # 3.3.2 Revelation of Identities # 3.3.3 Chemical Castration # Appendix # Reference # 1.0 Introduction On September 21, 2011, Alireza Molla-Soltani was hanged to death after stabbing Iran’s most well-known athlete. Alireza was only 17 years-old at the time he was executed. Hassiba Sahraoui, Amnesty International’s Deputy Director, quote...
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..."CHII"IURENGA II 1896 - 1897: A REVISIONIST STUDY THESIS Submitted in Fulfilment of the Requirements for the Degree of MASTER OF ARTS of Rhodes University I by MARK PHILLIP MALCOLM HORN January 1986 The following typog~aphical co~~ections attention since submission of this thesis. have come to my p.i line 8, "Phillip" should ~ead Philip. p.vi, li.ne 11, "Risings" should ~ead Rising. p.Vll, line 12, "~esponce" should ~ead ~esponse. p.3, line 17, "wa~f-io~" should read warriors. p.5, line 4, "96" should read 1896. p .. 8, line 3, IILomangLlndi should read LomagLlndi. p.9, line 2, " (inve~ted comma) missing after "role". p.19, line 9, "triatises" should read treatises. p.28, line 18, "analysis" should ~ead analyses. p.30, line 10, "the and" should ~ead "and the". p.42, line 28, "Histo~ians" should ~ead Histo~ian's. p.47, line 13, "Lomangundi" should ~ead Lomagundi. p.48, line 12, ~ sign missing befo~e the figu~e of 121 000. p.52, line 5, 1. ~5ign missing before the figure of 3. p.55, line 1, ~ sign missing befo~e the figu~es 10 to 60. p.55, line 3, -£ sign missing befo~e the figu~e of 100. p.56, lines 7 - 10, quote to be indented. p.b2, li.ne 1tJ, "dela" should be separated out to read "de la". p.tI4, line 4, "assisthim" should be sepa~ated out to ~ead "assist him"~· p.b"?, line 11, "inte~nicine" should t-ead intet-necine. p.83, line 17, "Ma~ch 1895" should ~ead Ma~ch 1894. p.89, line 5, "faction" should ~ead fl~action. p.95, line 29, fn. 12, "lNA" should ~ead NAZ...
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...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...
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...M A G A Z I N E FA L L 2 0 0 2 Volume 20 Number 2 SPANNING THE GLOBE Duke Leads the Way in International Law Teaching and Scholarship inside plus Duke admits smaller, exceptionally well-qualified class Duke’s Global Capital Markets Center to launch new Directors’ Education Institute from the dean Dear Alumni and Friends, It is not possible, these days, for a top law school to be anything other than an international one. At Duke Law, we no longer think of “international” as a separate category. Virtually everything we do has some international dimension, whether it concerns international treaties and protocols, commercial transactions across national borders, international child custody disputes, criminal behavior that violates international human rights law, international sports competitions, global environmental regulation, international terrorism, or any number of other topics. And, of course, there is little that we do at Duke that does not involve scholars and students from other countries, who are entirely integrated with U.S. scholars and students. Students enrolled in our joint JD/LLM program in international and comparative law receive an in-depth education in both the public and private aspects of international and comparative law, enriched by the ubiquitous presence of foreign students; likewise, the foreign lawyers who enroll in our one-year LLM program in American law enroll in the same courses, attend the same conferences...
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...2009 Jkt 052771 PO 00000 Frm 00003 Fmt 6012 Sfmt 6602 M:\USCC\2009\52771.XXX APPS06 PsN: 52771 M:\USCC\USChina.eps Report Documentation Page Form Approved OMB No. 0704-0188 Public reporting burden for the collection of information is estimated to average 1 hour per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to Washington Headquarters Services, Directorate for Information Operations and Reports, 1215 Jefferson Davis Highway, Suite 1204, Arlington VA 22202-4302. Respondents should be aware that notwithstanding any other provision of law, no person shall be subject to a penalty for failing to comply with a collection of information if it does not display a currently valid OMB control number. 1. REPORT DATE 3. DATES COVERED 2. REPORT TYPE 01 NOV 2009 4. TITLE AND SUBTITLE 00-00-2009 to 00-00-2009 5a. CONTRACT NUMBER 5b. GRANT NUMBER 5c. PROGRAM ELEMENT NUMBER 2009 Report to Congress of the U.S-China Economic and Security Review Commission 6. AUTHOR(S) 5d. PROJECT NUMBER 5e. TASK NUMBER 5f. WORK UNIT NUMBER 7. PERFORMING ORGANIZATION NAME(S) AND ADDRESS(ES) U.S.-China Economic and Security Review Commission,Washington,DC 9. SPONSORING/MONITORING...
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...FSU Winner Florida State’s Caitlin Quinn has been named the NSCA’s Assistant Strength Coach of the Year. http://www.seminoles.com/sports/w-softbl/spec-rel/112613aaa.html Critical Condition A California high school football player is in critical condition after suffering neck and spinal cord injuries during a game. http://www.pe.com/local-news/riverside-county/corona/corona-headlines-index/20131124-santiago-football-player-remains-in-critical-condition.ece State Total More than 4,400 middle and high school student-athletes in Massachusetts suffered head injuries last year, according to reports filed by the schools. http://www.bostonglobe.com/metro/2013/11/25/mass-schools-report-head-injuries-among-athletes-compliance-with-concussion-law-rises/njPFK6a92knIhcvY9UGxdN/story.html Refueling Product A new product can allegedly help athletes refuel during competition by providing precise carb and electrolyte recommendations based on a quick analysis of their sweat. http://www.prweb.com/releases/FuelstripMMA/UFCBellator/prweb11284260.htm Vegan Praise Several top athletes credit veganism with playing a key role in their success. http://www.news.com.au/lifestyle/health/elite-athletes-reveal-the-vegan-diet-secret-behind-their-success/story-fneuzkvr-1226768537898 Baseline Challenges Three new studies of baseline testing highlight the difficult of accurately assessing an athlete’s true baseline ability. http://www.momsteam.com/studies-show-pitfalls-in-baseline-neurocognitive-testing ...
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...Parents Involved 11 6. Parents Involved 11 Class 4: Rational Basis Review: Cleburne, Romer, etc. 13 2. Tiers of Scrutiny 13 3. Beazer (1979) 13 4. Moreno (1973) 14 5. Cleburne (1985) 14 6. Romer (1996) 15 7. Nordlinger (1992) and Allegheny Pittsburgh (1989) 16 8. Lee Optical (1955) 17 Class 5: Racial Classifications and Heightened Scrutiny: Strauder, Korematsu, Loving 17 9. Heightened Scrutiny Analysis 17 10. Strauder (1880) 17 11. Korematsu (1944) 18 12. Loving (1967) 19 13. Theories Supporting Strict Scrutiny of Racial Classifications 20 14. Tiers of Scrutiny 20 15. Tiers of Scrutiny Table 21 Class 6: Facially Neutral Classifications: Washington v. Davis 21 16. Types of Discrimination (from Fall) 21 X. Disparate Impact 21 XI. Purposive Discrimination 22 XII. Proxies for Race 23 2. Other Rules 23 3. Types of Discrimination Based on Race 24 4. South African Constitution 24 5. Arlington Heights-“A Motivating Factor” 24 6. Arlington Heights-Footnote 21 24 7. Discriminatory Purpose Without Discriminatory Effect 24 Class 7: Affirmative Action I: Adarand, Grutter,...
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...NEW YORK UNIVERSITY SCHOOL OF LAW JOURNAL OF INTERNATIONAL LAW AND POLITICS GUIDE TO FOREIGN AND INTERNATIONAL LEGAL CITATIONS FIRST EDITION ● 2006 © Copyright 2006 by New York University Contents FORWARD AND GENERAL INSTRUCTIONS................................................................................................. xiii ACKNOWLEDGEMENTS ......................................................................................................................................xv COUNTRY CITATION GUIDES ARGENTINA...............................................................................................................................................................1 I. COUNTRY PROFILE ..................................................................................................................................1 II. CITATION GUIDE.......................................................................................................................................2 1.0 CONSTITUTION...................................................................................................................................2 2.0 LEGISLATION......................................................................................................................................2 3.0 JURISPRUDENCE ................................................................................................................................3 4.0 BOOKS .....................................
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...GAME CHANGE OBAMA AND THE CLINTONS, MCCAIN AND PALIN, AND THE RACE OF A LIFETIME JOHN HEILEMANN AND MARK HALPERIN FOR DIANA AND KAREN Contents Cover Title Page Prologue Part I Chapter One – Her Time Chapter Two – The Alternative Chapter Three – The Ground Beneath Her Feet Chapter Four – Getting to Yes Chapter Five – The Inevitables Chapter Six – Barack in a Box Chapter Seven – “They Looooove Me!” Chapter Eight – The Turning Point Chapter Nine – The Fun Part Chapter Ten – Two For the Price of One Chapter Eleven – Fear and Loathing in the Lizard’s Thicket Chapter Twelve – Pulling Away and Falling Apart Chapter Thirteen – Obama Agonistes Chapter Fourteen – The Bitter End Game Part II Chapter Fifteen – The Maverick and His Meltdown Chapter Sixteen – Running Unopposed Chapter Seventeen – Slipping Nooses, Slaying Demons Part III Chapter Eighteen – Paris and Berlin Chapter Nineteen – The Mile-High Club Chapter Twenty – Sarahcuda Chapter Twenty-One – September Surprise Chapter Twenty-Two – Seconds in Command Chapter Twenty-Three – The Finish Line Epilogue – Together at Last Index Author’s Notes About the Authors Copyright About the Publisher Prologue BARACK OBAMA JERKED BOLT upright in bed at three o’clock in the morning. Darkness enveloped his low-rent room at the Des Moines Hampton Inn; the airport across the street was quiet in the hours before dawn. It was very late December 2007, a few days ahead of the Iowa caucuses. Obama had been sprinting flat out...
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...Business Quiz DHL Baseline/Tagline/AdLineof Company/Brands WE make importing Smooth Doordarshan Satyam Sivam Sundaram Electrolux India Makes life a little easier Energizer Keep going ESSAR Steel 24 carat steel Fed-Ex The World On Time Ford Mondeo Redefined Aggression Ford Motors Built for the road ahead Godrej locks PEACE OF MIND.GUARANTEED Graviera Suitings THE MAN OF SUBSTANCE Gucci Quality is remembered long after the price is forgotten Haier Inspired living Harley-Davidson If you don't have to answer to anyone, what would you do Harrod's retailer, ENTER A DIFFERENT London WORLD Hero Honda CBZ Motorcycling Unplugged Hero Honda Born in a studio, not in a Passion factory Hindustan Times Let there be light Hitachi Inspire the Next Honda The power of dreams Honda DIO FROM INDIA TO THE WORLD.AND TO YOU HSBC World's local bank Hughes Software Think skywards HYUNDAI Play a bigger game ELANTRA Hyundai's new ad Drive your way Jobsahead.com FILL IN YOUR AMBITION Johnnie Walker Keep Walking whiskey Kingfisher airlines Fly the good times Kodak You press the button and we do the rest Lacoste Because what you are LG EXPAND YOUR LIFE LG AC BREATHE HEALTHY Lufthansa There is no better way to 1 Created By: S.Sriram MBA-HR, TAMILNADU srirams@gmx.com Company Accenture Air Deccan Air India Air Sahara Airtel AKAI Allen Solly Allianz Insurance Apple Computers Bajaj Auto Bajaj Pulsar Bajaj spirit Blue Star BluestarAC Bournvita Brooke Bond BSNL BUSINESS STANDARD BUSINESSWORL Magazine of the...
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