...fault’. Courts have energetically defended the view that fault is crucial in establishing responsibility. On the other hand, the same jurisdictions have operated a shift since Rylands v Fletcher from this doctrinal claim to adopt a strict liability standard in particular circumstances. Despite its appearance in statutes, many claim that a satisfactory justification for strict liability in tort law has yet to be found. This essay will nevertheless argue that this stand is unsupported and untrue: it is nonsensical to call for one unique explanation for this area of the law. The law on strict liability responds to a social demand which should not be reduced to one ‘metatheory’. The first two parts of this essay will be dedicated to the analysis the ‘social and economic benefits’ of strict liability mentioned in Chavez v Southern Pacific Transportation Co. We shall then argue that these justifications are best understood when interrelated with a broader moral justification. I] Social justifications: distributive justice and social harmony The main aim of the law of torts is to compensate victims for the damage they suffer. Strict liability plays a very key role in respect of this. It is important to note that strict liability is generally imposed upon dangerous activities, such as nuclear power production, which society is reluctant to accept. According to the ‘deterrence...
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...However, this was not always the case. Up until 1930, gay characters were not martyred; however equally as troubling, they were a source of humor. The motion that changed this was the Hays Production Code of 1930. The code censored motion pictures by restricting certain topics from being addressed or depicted. According to director Rob Epstein’s 1992 documentary film titled The Celluloid Closet, due to the Hays code in tandem with regulations set forth by the catholic church’s Legion of Decency, the following restrictions prevailed: “open-mouthed kissing, lustful embraces, sex perversion, seduction, rape, abortion, prostitution and white slavery, nudity, obscenity, and profanity.” Initially, homosexuality, falling under the category of sex perversion, was nearly completely erased. With time, however, homosexuality was back on the silver screen, only this time creators wrote gay characters that supported the very code that caused their near...
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...Often, the solution to this problem was to kill off gay characters. The Celluloid Closet, served as an in-depth analysis of cinema’s history of either victimizing gay characters or turning them into villains in order to justify their deaths. Referencing multiple examples of the gay victim stereotype, the film focuses particularly on the external causes of gay victimhood. About twenty-five minutes into the documentary, a scene from the 1956 drama Tea and Sympathy depicts aspiring folk singer Tom Robinson Lee and his roommate Al in the midst of a heated argument stemming from Tom’s effeminate behavior. In the scene, Tom glided across the room—smoothly and languidly, almost unsure of his every step, until he reached a suitable distance from Al. Tom, defeated, said to Al, “Al, I’m sorry. Tell me how I walk”. After an explanation, Tom said to Al, eagerly, “Well then you walk. Let me watch you”, in an effort to learn how to walk in a more definite and purposeful manner, therefore embodying masculinity. Concerning the underlying message of the scene, Film Historian Richard Dyer explained...
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...Chapter One: Introduction 1.0 Background of Study Most of us grew up believing in dream big about the future ahead. We believed we could do anything or become anything we wanted with dedication and hard work, but for many in this country the big dream about the future is fading as the gap between rich and poor continues to grow. Children were told that if they studied hard they could “make something of themselves.” While this is still true, the rules have changed and the stakes are higher. Governments have decreased aid for public education and set spending caps. Students today are being faced with “high stakes” testing. We used to worry about scoring high enough on examinations to get into college, but now students take examinations to get out of high school. Some policy makers, during sometime, have suggested a school’s funding will be determined by how well their students perform on the tests. In theory it is wonderful, the schools that do well will be rewarded for their excellence. In practice it will most likely become another opportunity for the rich school districts to succeed and the poor school districts to fail. Revenue caps and high stakes testing appear to be an inevitable part of our future so we must find affordable, effective means for inspiring students and their families to improve student outcome. One way may be parental involvement. Another way might be to teach effective parenting skills which could in turn increase parental involvement in education particularly...
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...doctrineof "fairuse" in American copyright law, there is no end to legislative,judicial, and academic efforts to rationalizethe doctrine. Its codification in the 1976 CopyrightAct appearsto have contributedto its fragmentation, rather than to its coherence. As did much of copyright law, fair use originated as a judicially unacknowledged effort via the law to validate certain favored practicesand patterns.In the main, it has continued to be applied as such, though too often courts mask their implicit validation of these patterns in the now-conventional "caseby-case" application of the statutoryfair use "factors"to the defendant's use of the copyrighted work in question. A more explicit acknowledgment of the role of these patterns in fair use analysis would be consistent with fair use, copyright policy, and tradition. Importantly, such an acknowledgment would help to bridge the often difficult conceptual gap between fair use claims asserted by individual defendants and the social and cultural implications of accepting or rejecting those claims. In immediate terms, the approach should lead to a more consistent and predictable fair use jurisprudence.When viewed in light of recent research by cognitive psychologists and other social scientists on patternsand creativity, in broader terms, the approach should enhance...
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...SEDL – Advancing Research, Improving Education The Impact of School, Family, and Community Connections on Student Achievement Annual Synthesis 2002 A New Wave of Evidence Anne T. Henderson Karen L. Mapp SEDL – Advancing Research, Improving Education The Impact of School, Family, and Community Connections on Student Achievement Annual Synthesis 2002 A New Wave of Evidence Anne T. Henderson Karen L. Mapp Contributors Amy Averett Joan Buttram Deborah Donnelly Marilyn Fowler Catherine Jordan Margaret Myers Evangelina Orozco Lacy Wood National Center for Family and Community Connections with Schools SEDL 4700 Mueller Blvd. Austin, Texas 78723 Voice: 512-476-6861 or 800-476-6861 Fax: 512-476-2286 Web site: www.sedl.org E-mail: info@sedl.org Copyright © 2002 by Southwest Educational Development Laboratory (SEDL). All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or any information storage and retrieval system, without permission in writing from SEDL or by submitting a copyright request form accessible at http://www.sedl.org/about/copyright_request.html on the SEDL Web site. This publication was produced in whole or in part with funds from the Institute of Education Sciences, U.S. Department of Education, under contract number ED-01-CO-0009. The content herein does not necessarily reflect the views of the U.S. Department...
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...This text was adapted by The Saylor Foundation under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 License without attribution as requested by the work’s original creator or licensee. Saylor URL: http://www.saylor.org/books Saylor.org 1 Preface Writing is often a challenge. If you were ever challenged to express yourself via the written word, this book is for you. Writing for Success is a text that provides instruction in steps, builds writing, reading, and critical thinking, and combines comprehensive grammar review with an introduction to paragraph writing and composition. Beginning with the sentence and its essential elements, this book addresses each concept with clear, concise, and effective examples that are immediately reinforced with exercises and opportunities to demonstrate learning. Each chapter allows students to demonstrate mastery of the principles of quality writing. With its incremental approach, this book can address a range of writing levels and abilities, helping each student prepare for the next writing or university course. Constant reinforcement is provided through examples and exercises, and the text involves students in the learning process through reading, problem solving, practicing, listening, and experiencing the writing process. Each chapter also has integrated examples that unify the discussion and form a common, easy-tounderstand basis for discussion and exploration. This will put students at ease and allow for greater...
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...Morningstar Document Research FORM 10-K ORACLE CORP - ORCL Filed: June 28, 2011 (period: May 31, 2011) Annual report with a comprehensive overview of the company ® ℠ Table of Contents UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington, D.C. 20549 FORM 10-K ⌧ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the fiscal year ended May 31, 2011 OR � TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES EXCHANGE ACT OF 1934 For the transition period from to Commission file number: 000-51788 Oracle Corporation (Exact name of registrant as specified in its charter) Delaware (State or other jurisdiction of incorporation or organization) 54-2185193 (I.R.S. Employer Identification No.) 500 Oracle Parkway Redwood City, California (Address of principal executive offices) 94065 (Zip Code) (650) 506-7000 (Registrant’s telephone number, including area code) Securities registered pursuant to Section 12(b) of the Act: Title of each class Name of each exchange on which registered Common Stock, par value $0.01 per share The NASDAQ Stock Market LLC Securities registered pursuant to Section 12(g) of the Act: None Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. YES ⌧ Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. YES � NO...
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...BAY AREA SOCIAL SERVICES CONSORTIUM Understanding Poverty From Multiple Social Science Perspectives A Learning Resource for Staff Development In Social Service Agencies Michael J. Austin, PhD, Editor BASSC Staff Director Mack Professor of Nonprofit Management School of Social Welfare University of California, Berkeley 510-642-7066 mjaustin@berkeley.edu August 2006 1 Table of Contents Introduction – Michael J. Austin, Guest Editor Part I Multiple Social Science Perspectives of Poverty Theories of Poverty: Findings from Textbooks on Human Behavior and the Social Environment Amanda J. Lehning, Catherine M. Vu, & Indira Pintak Economic Theories of Poverty Sun Young Jung & Richard Smith Sociological Theories of Poverty in Urban America Jennifer Price Wolf Psychological Theories of Poverty Kelly Turner & Amanda Lehning An Anthropological View of Poverty Kristine Frerer & Catherine Vu Political Science Perspectives on Poverty Amanda Lehning Theories of Global Poverty in the Developed and Developing World Jennifer Morazes & Indira Pintak Part II Theory Integration and Practitioner Perspectives Social Capital and Neighborhood Poverty: Toward an Ecologically-Grounded Model of Neighborhood Effects Kathy Lemon Osterling Social Work Students’ Perceptions of Poverty Sherrill Clark The Explosive Nature of the Culture of Poverty: A Teaching Case Based on An Agency-based Training Program Catherine Vu & Michael J. Austin 2 ...
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...LIST OF CONTRIBUTORS Solomon Appel Robert H. Ashton Reza Barkhi Metropolitan College of New York, New York, NY, USA Fuqua School of Business, Duke University, Durham, NC, USA Pamplin College of Business, Virginia Polytechnic Institute and State University, Blacksburg, VA, USA School of Management, University of Michigan-Dearborn, MI, USA College of Business Administration, San Diego State University, San Diego, CA, USA Department of Accounting, University of Arkansas at Little Rock, AR, USA Zicklin School of Business, CUNY – Baruch College, New York, NY, USA Belk College of Business, University of North Carolina at Charlotte, NC, USA College of Business and Economics, West Virginia University, Morgantown, WV, USA RSM Erasmus University, Department of Financial Management, Rotterdam, The Netherlands Mohamed E. Bayou Chee W. Chow Cynthia M. Daily Harry Z. Davis Nabil Elias Arron Scott Fleming Frank G. H. Hartmann vii viii LIST OF CONTRIBUTORS Fred A. Jacobs Frances Kennedy James M. Kohlmeyer, III Leslie Kren John Y. Lee Michael S. Luehlfing Adam S. Maiga School of Accountancy, Georgia State University, Atlanta, GA, USA Department of Accountancy and Legal Studies, Clemson University, SC, USA College of Business, East Carolina University, Greenville, NC, USA School of Business, University of Wisconsin, Milwaukee, WI, USA Lubin School of Business, Pace University, Pleasantville, NY, USA School of Professional Accountancy, Louisiana Tech University, LA...
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...California Law Review Volume 57 | Issue 1 Article 1 January 1969 The Legal Roles of Shareholders and Management in Modern Corporate Decisionmaking Melvin Aaron Eisenberg Follow this and additional works at: http://scholarship.law.berkeley.edu/californialawreview Recommended Citation Melvin Aaron Eisenberg, The Legal Roles of Shareholders and Management in Modern Corporate Decisionmaking, 57 Cal. L. Rev. 1 (1969). Available at: http://scholarship.law.berkeley.edu/californialawreview/vol57/iss1/1 This Article is brought to you for free and open access by the California Law Review at Berkeley Law Scholarship Repository. It has been accepted for inclusion in California Law Review by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact jcera@law.berkeley.edu. California Law Review VOL. 57 JANUARY 1969 Copyright © 1969 by California Law Review, Inc. No. 1 The Legal Roles of Shareholders and Management in Modern Corporate Decisionmaking Melvin Aron Lisenberg* TABLE OF CONTENTS I A GENERAL THEORY ...... A. ... ............... 4 A NORMATIVE MODEL OF'VOTING RIGHTS IN PRIVATELY HELD CORPORATIONS ....... ................ A NORMATIVE MODEL OF VOTING RIGHTS IN PUBLICLY HELD ................ CORPORATIONS ....... 7 15 B. . ........ 1. Considerations of Public Policy .. (a) "Shareholder democracy ". . .. ........ ... . ......... (b) Client-group participation .. (c) Managerialism .......
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...The Florida State University DigiNole Commons Electronic Theses, Treatises and Dissertations The Graduate School 2-5-2009 The Social Impact of Corporate Social Responsibility: A Case Study Brooke Ellen Forester Florida State University Follow this and additional works at: http://diginole.lib.fsu.edu/etd Recommended Citation Forester, Brooke Ellen, "The Social Impact of Corporate Social Responsibility: A Case Study" (2009). Electronic Theses, Treatises and Dissertations. Paper 4418. This Dissertation - Open Access is brought to you for free and open access by the The Graduate School at DigiNole Commons. It has been accepted for inclusion in Electronic Theses, Treatises and Dissertations by an authorized administrator of DigiNole Commons. For more information, please contact lib-ir@fsu.edu. FLORIDA STATE UNIVERSITY COLLEGE OF EDUCATION THE SOCIAL IMPACT OF CORPORATE SOCIAL RESPONSIBILITY: A CASE STUDY By BROOKE E. FORESTER A Dissertation submitted to the Department of Sport Management, Recreation Management, and Physical Education in partial fulfillment of the requirements for the degree of Doctor of Philosophy Degree Awarded: Spring Semester, 2009 i The members of the Committee approved the Dissertation of Brooke Ellen Forester defended on February 5, 2009. ________________________ Michael Mondello Professor Co-Directing Dissertation ________________________ R. Aubrey Kent Professor Co-Directing Dissertation ________________________ Robert Brymer Outside Committee...
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...1 Figure 6.2 Figure 6.3 Figure 6.4 Figure 7.1 Figure 7.2 Figure 7.3 Figure 8.1 Figure 8.2 Figure 8.3 Figure 9.1 The Breakout Strategy Cycle Companies Getting on the Fast Track Companies Staying Out Front Types of Capital and the Capital Accumulation Process The Vision Wheel State Transition for Harley-Davidson: Organization State Transition for Harley-Davidson: Culture State Transition for Harley-Davidson: Relationships State Transition for Harley-Davidson: Markets The Six Pillars of a Value Proposition Leveraging up the Apple Value Proposition Reconciling Different Value Propositions Leveraging up Samsung Electronics’ Value Proposition Components of a Business Model Aligning the Business Model and Value Proposition Business Model Needs Analysis Delivering Strategy System Balance and Strategy Delivery at CEMEX Organizational Culture and Cultural Reproduction Breakout Leadership Capabilities Chapter 1 Breakout Strategy ______________________________________________ We all want to identify the essential ingredient that makes for outstanding business success, the decisive factor that differentiates exceptional companies from those that are just plain average. Sadly, like the elixir of...
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...FAMILY OF SECRETS The Bush Dynasty, America’s Invisible Government, and the Hidden History of the Last Fifty Years RUSS BAKER Contents Foreword by James Moore 1. How Did Bush Happen? 2. Poppy’s Secret 3. Viva Zapata 4. Where Was Poppy? 5. Oswald’s Friend 6. The Hit 7. After Camelot 8. Wings for W. 9. The Nixonian Bushes 10. Downing Nixon, Part I: The Setup 11. Downing Nixon, Part II: The Execution 12. In from the Cold 13. Poppy’s Proxy and the Saudis 14. Poppy’s Web 15. The Handoff 16. The Quacking Duck 17. Playing Hardball 18. Meet the Help 19. The Conversion 20. The Skeleton in W.’s Closet 21. Shock and . . . Oil? 22. Deflection for Reelection 23. Domestic Disturbance 24. Conclusion Afterword Author’s Note Acknowledgments Notes Foreword When a governor or any state official seeks elective national office, his (or her) reputation and what the country knows about the candidate’s background is initially determined by the work of local and regional media. Generally, those journalists do a competent job of reporting on the prospect’s record. In the case of Governor George W. Bush, Texas reporters had written numerous stories about his failed businesses in the oil patch, the dubious land grab and questionable funding behind a new stadium for Bush’s baseball team, the Texas Rangers, and his various political contradictions and hypocrisies while serving in Austin. I was one of those Texas journalists. I spent about a decade...
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