...Russian Bolshevik regime from his great-grandfather in 1918. After gaining power in 1917, the Bolshevik regime issued decrees nationalizing property, and abolishing the private ownership of land and making museums property of the state. The Bolsheviks continued by confiscated artworks for possible sale abroad. In May 1933, Stephen C. Clark was a trustee of the Museum bequeathed the painting to the Museum after he died in 1960. The Museum of Art motioned to dismiss Konowaloff’s complaint, citing that the claims are barred by the act of state doctrine. Rules of the Law(s) Applied to the Case The law applied in this case was the act of state doctrine, which states, “local courts may not question the legal effect of a foreign state’s acts fully executed within its own territory” (US Legal, 2013). Therefore, the court dismissed the action against Metropolitan Museum of Art. Analysis: How the Court Applied the Law The United States Court of Appeals, Second Circuit applied the act of state doctrine to this case because the art work was confiscated from Konowaloff’s family by the Bolshevik regime in Russia. Hence the act of state doctrine states that no other nation is sovereign within its own borders, and its domestic actions may not be questioned (US Legal, 2013). Therefore, the court concluded that the Museum had met its burden of showing that the act of state doctrine applies and affirmed the judgment. Holding The United States Court of Appeals, Second Circuit found...
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...Learning Team Reflection - Exide Technologies Business Law - Law 531 March 23, 2015 Instructor: Learning Team Reflection - Exide Technologies Exide Technologies in Vernon, California is an example of a company which failed to comply with government regulations requiring them to properly handle and dispose of toxic battery waste. This case also highlights the negligence in part by state officials regarding violations discovered over a period of almost two decades. These violations included battery acid draining into a manholes and lead waste stored in open containers causing the toxic waste to be exposed. There are consquences when a company such as Exide Technologies fail to comply with state and federal regulations which could ultimately hinder their sustainability and financial prosperity. Principles of regulatory compliance requirements. According to Exide Technologies website, they are committed to comply with applicable legal requirements and other requirements related to environmental aspect. Due to the numerous violations discovered in the Vernon plant, Exide agreed to shut down the plant as a plea agreement to avoid any future criminal charges and additional fines. In addition to the plant shutting down, they were order to decontaminate the site in which they worked due to high levels of lead and arsenic emissions. Exide Technologies was not only mishandling their toxic waste, but they were not complying with all applicable governmental laws and regulations...
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...How to Write a Personal Statement by UNM Prof. Elizabeth Archuleta Through a personal statement, you introduce yourself to the university; it reflects your personality and intellect. It is important that you read each question carefully and make every effort to understand and respond to it with well-considered responses and in a persuasive enough manner to hold the reader’s interest. 1. Understand and Explain Yourself One of the main problems when writing is that applicants fail to take a thorough and analytical look at themselves and their objectives. Admission committee members are looking for interesting, insightful, revealing, and non-generic essays that suggest you have successfully gone through a process of careful reflection and self-examination. 2. Set Yourself Apart Committees are looking for something PERSONAL and ANALYTICAL. This means sharing information you rarely share with others and assessing your life more critically than usual. This approach is key to a successful personal statement. Exercise: In order to begin writing your personal statement – your story—you’ll need to answer some basic questions to prepare yourself. Questions: * What is special, unique, distinctive, or impressive about you or your life story? What details of your life (personal or family problems/ history, any genuinely notable accomplishments, people or events that have shaped you or influenced your goals) might help the committee better understand you or help set you apart...
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...Magdurulang, Emmanuel Lim. June 12, 2013 PHY11-2/B2 Prof. Kristine Gecain Homework # 4: Refraction of Light Magdurulang, Emmanuel Lim. June 12, 2013 PHY11-2/B2 Prof. Kristine Gecain Homework # 4: Refraction of Light Diffuse reflection Light rays that are reflected from a surface and broken up and scattered into different directions. Specular reflection Reflection (as of light by a mirror) at a surface having irregularities small as compared with the wavelength of the incident radiation Index of refraction The ratio of the speed of light in a vacuum to the speed of light in a medium under consideration Snell’s Law It gives the relationship between angles of incidence and refraction for a wave impinging on an interface between two media with different indices of refraction. The law follows from the boundary condition that a wave be continuous across a boundary, which requires that the phase of the wave be constant on any given plane. Refracted wave During refraction velocity and wavelength of waves change however, frequency of waves stay constant. Dispersion Visible light is actually made up of different colors. Each color bends by a different amount when refracted by glass. Optics Optics is the branch of physics which involves the behavior and properties of light, including its interactions with matter and the construction of instruments that use or detect it. Lens A lens is an optical device...
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...Question: To what extent is literature like a mirror? Inquiry paper In Ovid’s Metamorphosis, Narcissus is a handsome young man who saw the reflection of his face in the waters of the Styx River. He became so captivated by his own reflection, that he sat looking at himself until he died and a small flower grew in his place. After the manufacturing and widespread existence of mirror, human have became obsessed with the reflections of themselves. Literature provided us with a unique type of mirrors. It helps us to discover the perfection of ourselves but at the same time, grab our eyes on the defectiveness as well. Just like Narcissus, we never stop seeking for self-identification and self-conscious through the way we look at our own images. An examination of the books I read, I found literature to be like a mirror to a great extent in many ways. The Secret daughter by Shilpi Somaya Gowda, is a book that compares the treatments of females in two different families - one in India and one in America. The book begins with the unforgettable birth of a baby girl named Usha in a remote Indian village on the eve of monsoon. In a culture where females’ infanticide is rampant, Kavita, the baby’s mother sent her daughter to an orphanage in order to save her life. Dr. Somer, an American woman who adopts Usha (they call her Asha) after the discovering that she can never have children of her own. The two women mirror each other in the sense that they both make difficult decisions to save and...
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...your ability to integrate skills learnt in this unit of study, i.e. to analyse a real company from the auditor’s perspective. The successful completion of this case study requires extensive research on HVN’s internal and external environments, operations, strategies and an analysis of the 2012 annual report (the 2013 annual report is not expected to be available until late September 2013 and as such students are not expected to use it for their assignment). You are expected to demonstrate ability to synthesise relevant background financial and non-financial information and apply analytical skills to this information to critically evaluate potential significant audit risks in relation to HVN. The second component is an individual reflection report. Each student must make an independent (individual) submission electronically by the due date and time. The objective of the individual...
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...Learning Team Weekly Reflection Law/421 University of Phoenix In Week one of Contemporary Business Law, Team A learned about substantive, procedural, criminal, civil, common, and statutory law. In the reading assignments for week one, we discerned the differences that separate the laws and how the courts enforce the laws. Corporations and businesses are awarded protections under the Amendments to the Constitution of the United States that protect them from fraudulence. The following essay covers Team A interpretation of the different laws and how the laws pertain to corporations, businesses, and our current places of employment. Substantive Law and Procedural Law Substantive laws are laws that give people rights. These rights also create certain duties. Procedural laws outline what must be done in order to exercise substantive rights. An individual is granted the right to obtain restitution when they have suffered losses due to another’s actions. This right would be a substantive law. Procedural law provides information on how to use the legal system to file a lawsuit and how to obtain restitution once awarded by the court (Melvin, 2011). The Fourteenth Amendment of the U.S. Constitution applies the Bill of Rights to the states. The Due Process clause outlines procedural laws when the government affects an individual’s life, liberty, or property rights. If the government has to interfere with an...
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...Using Student Self-Reflections to Improve Student Study Habits in the Mathematics Classroom A Capstone Project Submitted in Partial Fulfillment of the Requirements for the Degree of Master of Arts in Teaching: Mathematics Nancy Daly Department of Mathematics and Computer Science College of Arts and Sciences Graduate School Minot State University Minot, North Dakota Summer 2011 ii This capstone project was submitted by Nancy Daly Graduate Committee: Dr. Laurie Geller, Chairperson Dr. Cheryl Nilsen Dr. Rebecca Anhorn Dean of Graduate School Dr. Linda Cresap Date of defense: Month day, year iii Abstract Type the abstract here. Do not indent. It should be one block paragraph. The abstract is a summary of your paper. iv Acknowledgements Type your acknowledgements here. Indent each paragraph 0.5 inch. You can thank whomever you choose. v Table of Contents Page Abstract .................................................................................................................. iii Acknowledgements ................................................................................................ iv List of Tables ....................................................................................................... viii List of Figures ........................................................................................................ ix Chapter One: Introduction ................................................................
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...and professional factors on their own and others’ professional culture. · To develop the students’ awareness of professional culture and role, and an increasing awareness of their own cultural identity. As a way of enabling you to achieve this, you are expected to keep a reflective diary. If you are unsure about your ability or motivation to do this, the above quote by Oscar Wilde may inspire you to write. You may not feel that you have anything sensational to write but you will be surprised how interesting you will find what you have written when you look back. The diary is a vehicle for collecting information and responses to major elements of the exchange and to enable students to log and reflect on their experiences. Reflection according to Johns (1993) is: - “...... the reflexive method of gaining access to an understanding of experience which enables practitioners to develop and increase the effectiveness of personal action within the context of their work”. It is intended that the document is student...
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...Introduction. This essay will look at the use of reflective practice in a vocational construction setting, it will look at various practitioners’ theories and how they may be implemented into the current strategy. Reflective practice can be an essential tool in vocational based professional learning settings where people learn from their own experiences, rather than from formal learning or knowledge transfer. It may be the most important source of personal professional development and improvement. It is also an important way to bring together theory and practice; through reflection a person is able to see and label forms of thought and theory within the milieu of their work. The essay will also look at the use of reflective practice with learners at a behavioural school. Each section will cover different topics, section one will cover the understanding of critical reflection, section two will show how critical reflection is used for behaviour, section three shows its use in the construction industry and section four will briefly cover other authors and their respective models. Section 1. In order to be effective teachers must be reflective; they must continuously review their practice, discuss it with their colleagues, consider their learners’ responses and seek to develop new and better ways of teaching. Practitioners need to make sure that all learning levels and skill levels are catered for; the most effective way to ensure this is to use reflective practice to...
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...Team D: Week Six Reflection LAw 531 September 19, 2011 Jon Jamieson Team D: Week Six Reflection Since the inception of the Sarbanes-Oxley Act, companies are finding it more difficult to understand the mounting government regulations imposed on conducting business here and abroad. The trends that exist because of corruption within the business world are astounding; however, aggressive enforcement by the Department of Justice (DOJ), the Securities and Exchange Commission (SEC), and the Foreign Corrupt Practices Act (FCPA) has brought compliance process systems into the forefront of high level management and board of director’s minds. However, with the economic downfall and high unemployment rates companies are having to more with less, causing compliance risk management plans to be out on the back burner. This should not be a reason to fall back on as an excuse not to have a program in place; it is even more vital to organizational success given the global outlook and doing business with so many foreign countries. According to the article, Anticorruption Trends, the most important factor of having an FCPA compliance program is being able to show that it works and is being used. One of the compliance issues discussed in an article was bribery. According to the reading, not only is the U.S. interested in preventing overseas bribery, but so are other governments; they have also begun to adopt a no-nonsense attitude with respect to bribery. Organizations are exercising caution...
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...Learning Team Reflection Amin Vohra, Michael D. Thomas, Ryan McCullum, Joe Nguyen, Shantel Singh LAW/531 February 8th, 2012 Mr. James Blevins Learning Team Reflection This learning team reflection will discuss the compliance issues associated with the Foreign Corrupt Practice Act of 1977 (FCPA). What is Foreign Corrupt Practice Act? For those who don’t know might ask, well, the Foreign Corrupt Practice Act of 1977 which was introduced in the U.S Senate as S.303 by Mr. William Proxmire (D.W) and signed into law by president Jimmy Carter on December 19, 1977 is a United States Federal Law known primarily for two of its main provisions. One that addresses accounting transparency requirements under the Securities Exchange Act of 1934 and another one concerning bribery of foreign officials. The anti-bribery provision of the FCPA prohibits any person from making use of interstate commerce corruptly, in furtherance of an offer or payment of anything of value to a foreign official, Foreign Political Party, or Candidate for political office, for the purpose of influencing any act of that foreign official in violation of the duty of that of that official, or to secure any improper advantage in order to obtain or retain business. ("Wikipedia") The “Foreign Corrupt Practice Act” protects “American Values” it shields us from the rampant corrupt practices around the world. It holds us to the highest standards of ethics. As the U.S corporations venture into foreign markets they...
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...of communication amongst the health care professionals and how a good nursing documentation is an integral part of nursing. It will also demonstrate how reflection enabled me to make sense of and learn from this experience, as well as identify any further learning developments needed to improve my practice and achieve the level of competency needed for when I qualify as an assistant practitioner. While discussing the knowledge underpinning practice, evidence based literature will be reviewed to support my discussion and for the purpose of reflection the essay will be written in the first person. Spouse, J, et al (2008). Jonhs, C (2009) defined reflection as learning through our every day experiences, towards realising one’s vision of desirable practice as a lived reality. He also added that it is a critical and a flexible process of self inquiry and transformation of being and becoming the practitioner you desire to be. However, Ghaye, T et al. (2000) stated that for the health care professionals to develop a more reflective posture, they must fully embrace both the principles and the practices of reflection. It is about becoming more aware of how we learn and how this affects what we think, feel and do. There are different models for reflection; some are more complex and detailed than others. To help me with my reflection, I have chosen Gibbs (1988) reflective cycle as a guide: The names of the patient, staff members and health care setting will be changed to protect...
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...Learning through reflection 2 Reflection is an active process whereby the professional can gain an understanding of how historical, social, cultural and personal experiences have contributed to professional knowledge and practice (Wilkinson, 1996). Duffy (2007) believes that reflective practice is an active deliberate process of critically examining practice where an individual is challenged and enabled to undertake the process of self-enquiry to empower the practitioner to realize desirable and effective practice within a reflexive spiral of personal transformation. Learning is derived from experience but it doesn’t just happen. For it to take place you not only need to engage in reflection you must also record it. By thinking about what you are doing and why you are doing it is what turns your experiences into meaningful learning. If you are to become a reflective practitioner you have to use that learning to increase your professional knowledge and skills to the benefit of not only yourself but also to your patients / clients. Why Reflect Reflection is really a process that begins with looking back on a situation, pondering over it, learning from it and then using the new knowledge to help you in future similar situations. Reflection, which is learning through experience, is not a new concept. As humans, we naturally reflect on our surroundings and experiences. However, the conscious, deliberate and ordered process of using reflection as a learning tool...
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...GE 2218 Third Reflection Paper “Write your own script for your play” this is the most impressing point I have learnt form Mr. Ki ‘ s success on his career, which is also the major principle for his career management. In this talk, Mr. Ki shed light on the meaning of success from different perspectives and dimensions. I can tell from his career that he is satisfied with what he did in the past and what he is doing now. There are two essential factors I can draw from his experience, reinvent your career and refine your life. For the points that he raised in this talk, I quite endorsed his unique perception on career that it is divided into three phases. “ Work for success”, “ work for significance” and “ work for legacy”. Apart from myself, I guess most of the people value ones’ success by wealth and positions. Mr. Ki , however, adds to that life structure, purpose, identity and significance. Exemplified by Mr. Ki ‘s career, he retreated from his respected working position just at the prime of his career simply because he wanted to do something meaningful, not only to his life but also to the whole society. So he transfers his prowess to help and engage in social enterprise project. Reinventing one’s career is equally important in a sense that it helps put your career into perspective, and achieve a balance of life, just like what Mr. Ki mentioned, the second career, the parallel career and the social career. Besides, always reflect on you experience as well as have a full...
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