...Reflection Paper-Week 2-IRAC Brief LAW/531 June 9, 2015 Reflection Paper-Week 2-IRAC Brief The IRAC (issue, rule, analysis, conclusion) is a structured legal analysis process used in problem-solving. Team C will use the IRAC method to present a case heard in the Oregon Supreme Court, Antonio Cortez v. NACCO Material Handling Group, Inc and Swanson Group, Inc. This case is currently pending in the Oregon Supreme Court. Facts Plaintiff worked for a lumber mill, Sun Studs, LLC owned by NACCO Material Handling Group. As the plaintiff walked from one area of the mill to another, a forklift hit and severely injured him. After receiving workers’ compensation benefits, the plaintiff brought an action against Swanson Group, Inc., which owns Sun Studs. The plaintiff alleged that Swanson was liable for negligently failing to require Sun Studs to provide a safe workplace and competent safety personnel. Issues Is the providing of worker’s compensation for the injured plaintiff by the defendants an exclusive remedy? Was the defendants’ negligent under the Employers Liability Law by not providing safety measures to the plaintiff? Rule Did the defendants breach the duty to provide a remedy for the injured plaintiff? Did the defendants breach the duty to provide safety measures under the Employers...
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...lead a project team that includes two members from her own department and four members from various other departments in the company. Jane wants to tap the human potential and motivate the team members; however, she faces challenges such as dual reporting and varying expectations of the team members. Putting myself in Jane’s position, she should focus on Abraham Maslow’s hierarchy of human needs. This hierarchy suggests that people are motivated to fulfill basic needs before moving on to other, more advanced needs (Wong, 2007, pp. 20-25). In view of that, the four (out of five) theories that can be used by Jane to lead and motivate her team are: (1) basic physiological needs; (2) security; (3) esteem; and (4) self-actualization. Motivating a team requires dedication and patience while understanding the basic physiological needs for the team. Teamwork is critical to project success and Jane, as the project lead, must give each individual team member the attention s/he “craves” and above all recognize them for their efforts. Furthermore, the project lead must safeguard the project from any potential risks throughout its lifecycle. This determination will eliminate dual reporting and motivate group follow through when the team is assured the project will be successful. It is important to note that there are...
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...Uni Name | Youth Labour Segmented Market Theories | Essay | | Client Name | @XXXXXXXX | | Contents Introduction 2 Segmentation of the Labour Market 3 Theories about Segmented Labour Markets 3 The Dual Labour Market Theory 6 Summary 9 References 10 Introduction The behaviour and life experiences of young people have vastly evolved throughout the past few decades. These changes impact on their relationships between family and friends, their experience of the job market, as well as the educational system and of course, their ability to establish themselves as an individual. According to Furlong and Cartmel (1997), many of these changes are due to the structural changes in the job/labour market. Further, the social organisation of taking different career paths in life has been replaced with more discrete variation (Haaland, 1991). Making that shift from school life to working life tend to be less determined, more flexible, and above all daunting (Ellingsæter, 1995). Beck (1997) and Giddens (1991) claim that the terms “individualisation” and “risk” are often associated with younger people’s behaviour and conditions within a labour society. Individualisation denotes the traditional social groups or segments that are of importance like gender, ethnicity and class are branded as being fragmented and somewhat less important (Pollock, 1997). Though, Furlong and Cartmel (1997) argue that these social structures are of importance and that...
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...1-Lifelong learning requires the ability to learn from life experiences. The spiral theory describes how knowledge is generated from experience through a cycle of learning driven by the resolution of dual dialectics of action/reflection and experience/abstraction. The learning/experience spiral guides growth and development through a life time of a leader. This process is portrayed as an idealized learning cycle or spiral where the leader “touches all the bases” experiencing, reflecting, thinking, and acting in a recursive process that is sensitive to the learning situation and what is being learned. 2- a- Experience is not just a matter of what events happen to an individual; it also depends on how he/she perceives those events. Perception affects all tree phases of the action-observation-reflection model. Observation and perception both deal with attending to events around him/her. People are selective in what they attend to and what they perceive. Reflection deals with how we interpret our observations and the explanations we develop for the behaviors or actions we attend to. In order to benefit from an experience, a leader should ask "what did i do?" after the action has been made, observe what happened; the results and its impact on others/followers, and reflect on it at last checking how he/she feels about it and look at it now. b- If the leader understands the differences that make people unique, he would be able to use those individual skills to achieve the goal...
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...Bilingual language is beneficial for the child’s first language and English development “Language constitutes us, it gives us meaning and allows us to make meaning, and it develops and abolishes spaces.” (Benjamin, 2002). Critiques of bilingual education continually claim that children can only learn one language at a time after which they are taught a second language (Krashen, 2000). They assert that bilingual education cause confusion among children and limit their intelligence capabilities; they argue that real bilinguals cannot combine their language. Advocates of bilingual education present arguments on its benefits, they suggest that, for many children the process of being literate and studying a new language simultaneously is overwhelming and that the bilingual process assist them to develop their native language first which results to a smooth transition to English. The main aim of the bilingual program was to promote the prominent language to issue instructions and at the same time enhance the development of the second language. Some define it in aspects of its capability to enhance cognitive and effective development while others view that it should focus on cultural enrichment and linguistic development. However, in some bilingual programs, instructions are issued through the use of the second language especially in cases where the first language erodes over time. (Baez, 2002) As the child proficiency in English increases he or she loses grasp of the native language...
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...it highlights the issue of boundary lines as a crucial aspect of effective and safe client-counsellor relationships. I run as a regular pastime with my local running club which is held on a mid week evening. My partner and I arrived at the club and bumbped into one of my clients, whom I had been counselling for two months. He had come to counselling as he had difficulty in forming personal relationships and was feeling lonely and depressed. The following day my client sent an email inviting my partner and I for dinner, suggesting we became friends. I considered the overlapping therapy and non-therapy contact to be problematic as it would involve entering a dual relationship with my client. Gabriel (2001) offers a definition which distinguishes between non-therapy and therapy contact by suggesting that a dual relationship occurs when: “a one-to-one contracted therapy relationship between an individual in the role of ‘client’ and one in the role of ‘therapist’ overlaps into a non-therapy context or role.” (p. ?). I identified a situation which became ethically challenging as I felt my client had crossed a boundary. “The boundary in counselling can be perceived as a limit line, with inherent fluidity and permeability, as well as safety and security. It is a limit line that requires the thoughtful actions of the boundary rider, the counsellor, to monitor and repair where...
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...decisions need to be considered in the broader context of personal, societal, cultural and professional values and ethical principles (Fry & Johnstone, 2002). Tesfamicael GhebrehiwetThe nursing profession uses regulatory mechanisms, codes of ethics and other means to ensure ethical behavior. For example, The ICN Code of Ethics for Nurses asserts, “Inherent in nursing is respect for human rights, including the right to life, to dignity and to be treated with respect” (ICN, 2000, p. 2). To locate ethical issues within the context of nursing, it is vital to understand the International Council of Nurses (ICN) definition of nursing itself: “Nursing encompasses autonomous and collaborative care of individuals of all ages, families, groups and communities, sick or well and in all settings. Nursing includes the promotion of health, prevention of illness, and the care of ill, disabled, and dying people. Advocacy, promotion of a safe environment, research, participating in shaping health policy and in patient and health systems management, and education are also key nursing roles” (ICN, 2005). This definition incorporates the three components of bioethics as outlined by Fry and Johnstone (2002), including norms of nursing practice, expansion of knowledge, and advocacy or policy development. It follows that nurses must develop a thorough knowledge of ethical issues, policies and procedures related to the protection of people as part of their responsibility as professional nurses...
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...Running Head: Overcoming Language Barriers in NC Pre-K Classrooms How to Overcome Language Barriers in NC Pre-K Classrooms FCS 711- Research and Inquiry in Family and Consumer Science Dr. Rosa Purcell Meisha Conrad April 28, 2014 Introduction Being a teacher at a Head Start/ Early Head Start program I have experienced the language barriers between teachers and students from different ethnic groups. I can say it is not easy when you and your students cannot communicate. Dealing with the situation makes you question yourself and how you can fix the language barriers in your own classroom and also the school. What can teachers do to overcome the language barrier in our classrooms with our Latino children? What are some activities, lessons, games, and etc., that we can do to make a connection and also help them learn? There are many ways I think we can put a stop to the language barriers in school. We may not be able to completely fix the problem but there are ways and things we can do to make our Latino children and parents feel welcome and comfortable when they walk into the schools. Communication is an important part of teaching because the children have to be able to understand the message that the teacher is trying to convey. Children also have to be able to communicate with each other. There are a number of factors in the classroom and many...
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...Career Information | Career Path Option 1: Lawyer Career Category: Enterprising | Career Path Option 2: School Teacher Career Category: Social | Job description (including daily responsibilities) | -Represent clients-Present evidence-Partake in court room events-Review and interpret laws | -Instruct students individually and in groups-Establish clear objectives-Meet with parents and guardians-Prepare materials for lessons | Requirements for path (school, military, training, age, location, skills, etc.) | Skills:-Active listening-Speaking-Writing-Negotiation-Decision making | Skills:-Active listening-Monitoring-Instructing-Speaking-Reading comprehension | Salary/benefits information | Average salary of $114,300 | Average of $53,894 | Opportunities for advancement | -Firm partner-Judge-District attorney | -Administrator-Counselor-Librarian | Costs of this path (what you do not like or would miss out on by choosing this path) | A lot of time is invested into this career and you’re always “on call” | It does not pay the greatest and it takes a lot of preparation time | Benefits of this path (what you like or would gain by choosing this career path) | Gain experience in the court systems and have a lot of opportunity to advance | Gain experience working with kids and offer up valued time to help the youth | Resources: "Lawyer Career Education and Advancement." Salary.com. N.p., n.d. Web. 01 Mar. 2015. <http://www.salary.com/lawyer-career-education-and-advancement/>...
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...manage today’s law enforcement organization, leaders must possess the skills to not only address the social and criminal justice issues, but also the skills to lead groups and organizations in the 21st Century. Conflating the deliverables throughout this program, the course work selected reflects critical issues in modern law enforcement, community assessment through data analysis, and the application of technology in law enforcement. As law enforcement leaders look to reestablish trusts and improve the police-community relationship, an in-depth understanding of crime data and...
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...the Scandal ……………………….……………………………………..6 The Origins of the Scandal …….………………………………………………....7 Weak internal controls, the dual company structure ......……………….…7 The shortage of oil reserves and World oil crisis ……………….....………10 The Closed Corporate Culture…………………………….………………..….11 Conclusion…………………………………………………………………….……14 Works Cited………………………………………………………………………15 Background: In recent years, Shell was one of the most famous companies of the world because of excellent long-term planning, outstanding technical capabilities and unique management style. Shell, which was the Anglo-Dutch heritage and a twin board structure, once was treaded as textbook example of a multinational company. When people talked about the Shell Company, they always remembered the old corporate slogan, 'You could be sure of Shell'. Yes, this seemed a mere statement of fact. But such the good company liked this also did some bad things from the mid-1990s. The company had dealt with the environmental and human right's problem, and its competitors took this opportunity to grow bigger. In 2004, the company was involved in an oil reserves reporting scandal. They were caught in low point. Most people think this is the result of the twin board structure. Purpose of the Case Study: Corporate failure is never the result of a random set of events. It is normally a reflection of deep-seated corporate shortcomings. In this paper,...
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...Conceptual Framework Most research reports cast the problem statement within the context of a conceptual or theoretical framework.4 A description of this framework contributes to a research report in at least two ways because it (1) identifies research variables, and (2) clarifies relationships among the variables. Linked to the problem statement, the conceptual framework “sets the stage” for presentation of the specific research question that drives the investigation being reported. For example, the conceptual framework and research question would be different for a formative evaluation study than for a summative study, even though their variables might be similar. Scholars argue that a conceptual or theoretical framework always underlies a research study, even if the framework is not articulated.5 This may seem incongruous, because many research problems originate from practical educational or clinical activities. Questions often arise such as “I wonder why such an event did not [or did] happen?” For example, why didn't the residents' test-interpretation skills improve after they were given feedback? There are also occasions when a study is undertaken simply to report or describe an event, e.g., pass rates for women versus men on high-stakes examinations such as the United States Medical Licensing Examination (USMLE) Step 1. Nevertheless, it is usually possible to construct at least a brief theoretical rationale for the study. The rationale in the USMLE example may be, for...
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...Personal Values and Ethical Standards L. M BSHS/322 Professional, Ethical & Legal Issues in Human Services July 2, 2012 Personal Values and Ethical Standards Dr. King once stated “if we are to go forward, we must go back and rediscover those precious values that our reality hinges on” then and only then will we be able to define the true meaning of life, and the direction we are to go. Within this paper I would like to share with my readers the sources that has impacted my values, as well as how my values play a role in my studying to become a human service professional. I will also address, and discuss specific dilemmas that may be relevant to this field; along with a brief discussion on several general principles as it relate to ethical standards. Values are defined as something priceless, something important, something that individuals hold at a high regard; values also give directions to our behavior, by determining what is desirable. Like each and every one of us, we are not born with values but these values are formed by those closest to us, by trials, events, and institutions. Within this list all have played a major role in the personal values I hold dear to me. Growing up in a single parent home it was my mother who has laid the foundation for me. In that I have learned firsthand what it means to be a fighter, dedicated, passionate, honest, loyal, and trustworthy. My mother has also giving me a spiritual foundation. Among the many things that have played...
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...*Daryoosh Hayati Lecturer of English Language, Lamerd Branch, Islamic Azad University, Iran Journal of Subcontinent Researches University of Sistan and Baluchestan Vol. 3, No.7, summer 2011 (p.p 31-52) East meets West: a Study of Dual Identity in Mohsin Hamid’s the Reluctant Fundamentalist Abstract This essay will present a postcolonial study of how Eastern identity and Western identity clash in The Reluctant Fundamentalist by Mohsin Hamid, the Pakistani- American novelist, and make the character of the protagonist a glocal one, (A mixture of global and local), a term newly coined by Postcolonial scholars to show the ever clashing mixture of global and local dualities in immigrants’ personalities. The basis for this research paper is the postcolonial theories of Edward Said, Fanon and Homi K. Bhabha. The aim is to question simply and sardonically the human cost of empire building, moreover it is discussed how the people in a totally alien culture are faced with different cultural predicaments, dilemmas as well as contradictions threatening their identity. Identity is supposed to be stable, while as this novel indicates, it is more of glocal identity which is at risk due to the cultural conflicts, as a result of which identity and ethnicity are subjected to change for the benefit of the hegemony. In line with Edward Said’s: “the East writes back” it is shown how this novel is a reaction to the discourse of colonization from the Pakistani side (which stands for the East)...
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...Answers to Chapter 9 Questions 1. This is because stock market movements are sometimes seen as predictors of economic activity in a country. This is also because corporate stocks may be the most widely held of all financial securities. Most individuals own stock securities either directly through stock purchases or indirectly through pension fund and mutual fund investments, and thus their economic wealth fluctuates closely with the market. 2. While common stockholders can potentially receive unlimited dividend payments if the firm is highly profitable, they have no special or guaranteed dividend rights. Rather, the payment and size of dividends is determined by the board of directors of the issuing firm. Further, unlike interest payments on debt, a corporation does not default if it misses a dividend payment to common stockholders. Thus, common stockholders have no legal recourse if dividends are not received, even if a company is highly profitable and chooses to use these profits to reinvest in new projects and firm growth. Another characteristic of common stock dividends, from an investor’s viewpoint, is that they are taxed twice(once at the firm level (at the corporate tax rate) and once at the personal level (at the personal income tax rate). Investors can partially avoid this double taxation effect by holding stocks in growth firms that reinvest most of their earnings to finance growth rather than paying larger dividends. 3. Common stockholders have the...
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