...Michael Cusick Alternative Dispute Resolution Law and Ethics for Managers January 13, 2011 Alternative Dispute Resolution (ADR) can be used to refer to a variety of methods used to resolve disputes outside the formal court system (Bagley & Savage, 2010). Less expensive and timely than formal trials, an ADR can provide companies with much-needed privacy for discreet matters, help to maintain relations with strategic business partners, and may provide more flexible and creative resolutions to disputes (Clarkson, Cross, Jentz, & Miller, 2004). Negotiation, mediation, and arbitration are the most popular types of ADR (Bagley & Savage, 2010). For the benefit of business managers, this paper will review what is involved in the each ADR process, recommend steps to prepare for each type of action, look at some advantages and/or disadvantages of each, and discuss how legally binding the decided outcome of each ADR may be for the parties involved. One of the most simple and least formal types of Alternative Dispute Resolution (ADR) is negotiation. During a negotiation the disputants meet informally, with or without council, to attempt to settle their differences (Bagley & Savage, 2010). In some cases the court may require that the parties attempt to negotiate before a trail to attempt to reach a resolution and will only hear the case if cannot reach an agreement on their own accord (Clarkson, Cross, Jentz, & Miller, 2004). The disputing parties may also resolve...
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...There are numerous things that kids at an extremely young age learning, for instance violence. Numerous kids learn rough conduct and they end up plainly brutal and forceful kids since they are presented to so much develop content. Many parents don't know about what their kids are viewing, and without knowing it, their kids are raised by the media. Numerous TV programs contain a considerable measure of viciousness, for instance kids battling each other, kids harassing different children and children hollering and affronting their parents. Tragically, at an extremely young age kids are figuring out how to be forceful and savage since they are investing more energy staring at the TV than going through it with the family. Presently days many children transform into bullies since they trust it is an approach to protect themselves, an approach to pick up regard and profound respect from their associates. They don't regard their folks and they gain out of power at an exceptionally young age, and many guardians can't control their conduct. On the off chance that parents don't witness what their kids are watching, then the media will greatly affect their kids' life. A great many people while dissecting this issue tend to concentrate on medications, sex, and violence regarding the TV media. How ridiculous however it is said that TV is the sole reason for changing conduct...
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...violence? A methodological review Joanne Savage* Department of Justice, Law and Society, American University, 4400 Massachusetts Avenue, NW, Washington, DC 20016-8043, USA Received 9 September 2002; received in revised form 26 October 2003; accepted 30 October 2003 Abstract The topic of media violence has been the subject of heated debate in recent decades. There is a vast empirical literature on the effects of television on aggression but no published comprehensive review has ever focused on those studies that use criminal aggression as their outcome. The present paper represents an attempt to fill this void and provide a resource for those who do not wish to delve into four decades of original research in order to assess this line of investigation. Studies are evaluated based on contemporary standards of research in the field of criminology. Although the possibility that television and film violence has an impact on violent criminality remains, it is concluded here that, despite persistent published reviews that state the contrary, the body of published, empirical evidence on this topic does not establish that viewing violent portrayals causes crime. D 2003 Elsevier Ltd. All rights reserved. Keywords: Television violence; Media violence; Violent crime 1. Introduction A vast empirical literature on the impact of television exposure on aggression has accrued over the last four decades, mostly in the fields of psychology and broadcasting. Reviews of this literature typically...
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...will employ a full time staff of legally astute managers and skilled business litigators. The legally astute managers will comprehend and actively manage the legal section of the business to protect it from lawsuits and assure that the business complies with federal, state and local laws (Bagley & Savage, 2010). Alternative dispute resolution clauses will be incorporated into all of Success Wellness’ business contracts. The legally astute managers will work alongside our corporate lawyers to ensure that Success Wellness is protected from possible lawsuits. Lawsuits will be avoided at all costs. Alternative Dispute Resolution (ADR) In the unlikely event that Success Wellness is involved in a dispute with another party, it will use alternative dispute resolution techniques to resolve disputes. Alternative dispute resolutions (ADR) are methods used by companies to resolve disputes without taking the matter to court. There are many different types of ADR programs that are available; however, the three basic types are arbitration, mediation and negotiation. Federal and state governments encourage using ADR programs to promote settlements and avoid matters going to court (Bagley & Savage, 2010, p. 85). Benefits of ADR. There are many benefits to using alternative dispute resolution techniques over traditional litigation. Execution of a thoroughly crafted alternative dispute resolution strategy can produce a judgment in months rather than years. Traditional litigation procedures...
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...Pocahontas Pocahontas is a woman of myth and legend; she has mainly been depicted in fictitious movies such as the Disney version. She does have a small place in history as the one who saved John Smith, an Englishman. There was a copious amount of things that she did in the movies that did not really happen in real life. For one, she did not marry John Smith, but instead she married a man named John Rolfe, a tobacco planter. Pocahontas is a very strong woman with many traits that helps be in the elite ranks of women in the native American community. She put her life on the line to save a white settler so that is what she did that solidified herself in American history because it not only showed the courage of herself, but of her Native American Tribe. She was a brave girl who had quite the history growing up. The story of Pocahontas is an often-told tale. In the telling it has acquired mythological elements shared with other stories of encounters between Europeans and Indians, to such an extent that the original “facts” (if they are certain enough to be worthy of the name) have been distorted or obscured. In 1616 John Smith, one of the early English colonists in Virginia, recounted in a letter that ten years before he had been saved from certain death at the hand of the Powhatan Indians by a young teenage girl, named Pocahontas, who was the daughter of the chief of the Powhatans. Pocahontas grew to be on friendly terms with the colonists, but Smith made no suggestion that...
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...Page 1 ACC 255 FINAL EXAM REVIEW PACKET (NEW MATERIAL) Complete these sample exam problems/objective questions and check your answers with the solutions at the end of the review file and identify where you need additional study before the exam. I. Statement of Cash Flows Using the information below, prepare in good form a Statement of Cash Flows for Savage Corporation on the following page. Information from the December 31, 2012 and 2011 balance sheets of Savage Corporation are presented below. Cash Accounts Receivable, net Inventory Prepaid Expenses Long-Term Investments Land Buildings and Equipment Accumulated Depreciation Accounts Payable Accrued Liabilities Bonds Payable Long-Term Note Payable Common Stock, $2 par value Paid-in Capital in Excess of Par Value Retained Earnings 2012 $ 30,000 410,000 300,000 20,000 50,000 560,000 2,000,000 (800,000) $ 2,570,000 2011 $ 50,000 460,000 320,000 15,000 25,000 300,000 1,900,000 (770,000) $ 2,300,000 $ 300,000 40,000 500,000 150,000 200,000 710,000 670,000 $ 2,570,000 $ 120,000 50,000 800,000 0 160,000 550,000 620,000 $ 2,300,000 Additional information about 2012 transactions and events: (a) Net income was $110,000. (b) Depreciation expense on buildings and equipment was $60,000. (c) Sold equipment with a cost of $50,000 and accumulated depreciation of $30,000 for cash of $17,000. (d) Declared and paid cash dividends of $60,000. ...
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...Life without parole is the harshest punishment given to juvenile delinquents. Since minors are still developing, it is argued that life without parole is only used as punishment for extenuating circumstances such as felony homicide. The Supreme Court has ruled that it is unconstitutional to give life without parole to juveniles that commit “non-homicide” crimes (Kaiser 2012). In a recent Supreme Court ruling, a 5-4 vote opposed the mandatory sentencing of life without parole for children ages 18 and under (Savage 2012). This means that state laws need to take age and the nature of the crime into consideration before issuing a life sentence without the possibility of parole. Because of the harsh permanent nature of this punishment, other alternative sentences should be considered when handling juvenile cases. Life without parole should only be used as a last resort based on the individual case. Criminal sentencing is based on the “moral wrong committed” and the debt owed to society (Kaiser 2012). The basis of the law is to gain retribution for the actions, deter future crimes and to rehabilitate existing inmates (Kaiser 2012). Ideally the thought of life without the possibility of parole should be enough to deter anyone from doing a heinous crime. However, many of the prison cells are occupied by inmates with no possibility of parole. This penalty is setting a moral example by making sure that the person is unable to commit the offense again and to decrease the likelihood of...
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... imperialism, savagery verses civilization, and racism are the most common issues explored in the book. My major appreciation of the novel lies in how Conrad presents the theme – the horrors associated with imperialism. His concrete descriptions paint various pictures that make it so real for readers to imagine and feel the pain and trauma of the natives of Congo during the era of colonialism. Imperialism is defined as the policy of forcefully extending a nation’s authority by the establishment of economic and political dominance (The Chambers Dictionary). Some textual evidence of the theme, horrors associated with imperialism, are presented below: Forthwith, the natives were made slaves by their colonial masters and were treated as savages. Marlow confirms this, ‘A slight clinking behind me made me turn my head…and all were connected together with a chain whose bights swung between them rhythmically clinking’ (p. 10). Another instance is revealed in the text by Marlow. He becomes the eye of narration for Conrad, and this process further adds to the many revelations in the novel. Marlow tells us how he nearly falls into a very narrow pit a native had been digging on the slope in which imported drainage–pipes were to be settled in. The manner in which these natives are punished (as if they were criminals) makes Marlow realize he has stepped into ‘a gloomy circle of some inferno’, a place resembling hell or fire (p. 11). Here, Marlow’s observation...
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... Please use this handout to note these behaviors, etc., for discussion after the conclusion of the film. After the film ends, you will be given an opportunity to review your notes and fill in any information which bears on the behavior of these individuals as it addresses any leadership concepts. Use the four general questions found at the bottom of the initial handout e-mailed to you in order to guide your note-taking activity. Character Behaviors, Decisions, Actions Outcomes Gen. Pat Pritchard Participative Leadership when he talks to Keith about disciplining one of the members of his crew. He heard what Keith believed and how he felt about the situation, but in the end exercised his power and removed Keith of his position. Gen. Frank Savage Transformational Leadership: Uses intellectual stimulation when he decides to bomb from 9,000 ft instead of 19,000. Took the risk in order to be able to achieve goal...
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...Employee Retention “October 2010 marked the first time in 15 months that the number of resignations in a month surpassed the number of layoffs” (Porter, 2011, p. 56). This data illustrates just how big problem employee retention can be. This is not relative to any one industry or company; it is a problem for everyone in the business world. This paper will discuss employee retention before, during, and after an employee has been employed by a company. Hiring for Retention First, employee retention prior to hiring will be discussed. While this may seem like a strange concept the strategies covered in section will make it clear. Julie Porter, senior vice president of professional services for Ledgent, suggests that: “When the time comes to fill an open position, be very specific about what it takes to be a top performer in that position – the skills, knowledge, experience, and personal characteristics – and don’t settle for anything less from a potential candidate” (Porter, 2011, p. 61). This will assist in weeding out candidates that may not be as serious about the work they are applying for. It will also give a better chance of getting the best person for the job. Another factor to look at during the hiring process is personal characteristics. According to the book Harvard Business Essentials: Hiring and Keeping the Best People potential employees should be look at for their analytical and creative abilities, decision-making style, interpersonal skills, and motivation...
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...Stereotypes against minorities through film Introduction: Stereotyping against minorities had been an issue since the 20th century and since then the minorities had been protesting against the discrimination and inequality in entertainment industries. This includes the discrimination in vote, ownership, basic human rights and social rights which led to the stride of the minorities to protest for the equal rights living in a country. For example in America, the black Americans were hunted and lynched by the white Americans and it was celebrated as a sport. So in mid of 20th century, although the black Americans got their freedom, they still faced the color racism by the majority of America. Stereotyping against minorities through entertainment started at the start of the entertainment industry in the world. Unfortunately, stereotyping against the minorities through media was also recorded by the film’s historians. Considering the example of Joseph Goebbels, who was the propaganda general during World War 2 and he was considered to be the founder of the discrimination portrayed in his directed films. During Nazi Regime, there were many stereotyping against the Jews and this discrimination was proudly displayed by the Goebbels propaganda they specifically targeted the Jewish controlled organization and they were negatively portrayed in the entire film. However these stereotyping ended by the end of National Socialist Party but sadly the practice of stereotyping the minorities...
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...Cade Pendleton English 2010 Angie Carter June 14, 2012 Final Research Paper Man’s Best Friend: Dogs or Technology A few years ago I had the opportunity to job shadow a canine (k9) officer while he was participating in routine training with his dog. Little did I know, “routine training” meant all police canine officers in Salt Lake County, Utah County, and Davis County would assemble at an abandoned building and practice multiple real life scenarios. As I stood and watched in awe all night, I witnessed a few unsettling scenarios. First, I witnessed dog being released on command to attack a person acting as a criminal. The attack wasn’t the unsettling part about the scenario. What really bothered me was seeing the dog misidentify a fellow police officer as the criminal and attack the officer, who unfortunately was not in a bite suit. A bite suit is protective clothing the trainers wear when training their dogs to attack. Since the officer was not wearing protective gear, he suffered many lacerations and received multiple stiches. As the night continued, I was able to watch another training scenario involving Taser guns or stun guns. Unlike the dog, this technique worked flawlessly. The officer was able to take down the accurate perpetrator in a proficient manner and no fellow officers were injured. On this particular night, there was an accidental injury that doesn’t happen often involving the canine. However, this introduced a couple of questions. Does this happen frequently...
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...Native Americans, Struggles, Mascots, and Controversy There has been a national debate for years over Native American athletic mascots. “Members of the North Carolina Mascot Education and Action Group and the Guilford Native American Association, however, repeatedly told us that they perceived the use of Indian mascots, logos, caricatures, and similar images by our schools as a clear form of institutional racism” (Grier 2005: 51). In this paper we will discuss the controversial impact of the Native American stereotype used as mascots. In the early 1900’s when the threat of colonization was abolished Americans started to use the Native American mascot to show their acknowledgement of their struggles. Although this was symbolic it has been an ongoing controversy within schools and sports. California is the second highest state that uses the most Native American imagery and symbols. The importance of this contemporary issue is an ongoing debate in California that has impacted the true history of Native Americans and the battles they went through. The truth is crucial because their imagery and interpretation is misunderstood in American history. In the early 1900’s it became acceptable to use Native American imagery for advertisement. “One of the reasons why most Americans find the mascots unremarkable and do not turn a critical eye toward the mascots is because of the prevalence of similar images throughout U.S. popular culture” (King, et al 2002:391). Although years later...
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...Critical Thinking in the Legal Environment: Torts and Product Liability Fall 2009 Introduction This assignment focuses on management skills that would be utilized in critical thinking in the legal environment specifically related to torts and product liability. A manager is constantly challenged with balancing responsibilities to the shareholders to make a profitable business and protecting the best interests of the employees and customers or end users of their products/services. This is especially challenging in large geographically diverse organizations, such as a McDonalds or car dealerships, where having statistical descriptive data, clear understanding of the policies, up and down the organization, and ensuring no significant information is being omitted is critical to running the company and avoiding lawsuits. A manager must be able to effectively analyze and evaluate data to make informed, intelligent decisions in many different situations. They need to be able to evaluate the reasons, without biases, in order to make sound decisions for the organization, as well as their employees and customers. There are lessons learned from the cases reviewed this week for managers related to critical thinking based on the two cases that are the focus of this paper, Liebeck v. McDonald’s and Pearson v. Custom Cleaners. . Liebeck vs. McDonalds As a very controversial tort case, Liebeck vs. McDonalds was a closely followed by the news and legal community. This...
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...Mass media which regroup all the media apparatuses, for example, films, TV appears, informal communities, and so on has extraordinary impact on the general public, and particularly on youngsters (Srygley, 1978). As per Bandura's Social Cognitive Learning Theory individuals can learn practices and new contemplations if these four prerequisites are met which are consideration, memory, impersonation and wishes when the spectator is confronting any sort of practices in his surroundings that demonstrates the likelihood of taking in the showed conduct. Hence, any rough sort of conduct demonstrated can be obtained and learned through this standard. Consideration is an imperative component for observational taking in the individual ought to offer regard for any sort of model in the persona environment. At that point memory, once ought to remember the activity to impersonate the molecule activity and impersonation is one of the components as well. In conclusion, yearning is essential to inspire the once to impersonate the observational conduct. The inauspicious Bandura concentrates on Transmission of Aggression Through Imitation of Aggressive Models or Imitation of Film-Mediated Aggressive Models (Bandura,Ross, and Ross, 1961:1963), were set inside of a social learning idea and were planned to detect the procedures driving the ways that youngsters and adolescents learn by watching and impersonating the practices of others. In this connection, thusly, the studies utilized motivator films...
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