...PRECEDENTIAL UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT No. 07-4465 JUSTIN LAYSHOCK, a minor, by and through his parents; DONALD LAYSHOCK; CHERYL LAYSHOCK, individually and on behalf of their son v. HERMITAGE SCHOOL DISTRICT KAREN IONTA, District Superintendent; ERIC W. TROSCH, Principal Hickory High School, CHRIS GILL, Co-Principal Hickory High School, all in their official and individual capacity Hermitage School District, Appellant Appeal from the United States District Court for the Western District of Pennsylvania (Civ. No. 06-cv-00116) District Judge: Hon. Terrence F. McVerry Argued on December 10, 2008 Opinion Filed on February 4, 2010 1 Opinion Vacated and Petition for Rehearing En Banc Granted on April 9, 2010 Rehearing En Banc Ordered for June 3, 2010 Argued En Banc on June 3, 2010 Before: McKEE, Chief Judge, SLOVITER, SCIRICA, RENDELL, BARRY, AMBRO, FUENTES, SMITH, FISHER, CHAGARES, JORDAN, GREENAWAY, VANASKIE and ROTH, Circuit Judges. (Opinion filed: June 13, 2011) ANTHONY G. SANCHEZ, ESQ. (Argued) CHRISTINA LANE, ESQ. Andrews & Price 1500 Ardmore Boulevard, Suite 506 Pittsburgh, PA 15221 Attorneys for Appellant, Hermitage School District SEAN A. FIELDS, ESQ. Associate Counsel Pennsylvania School Boards Association 400 Bent Creek Boulevard P.O. Box 2042 Mechanicsburg, PA 17055 Attorney for Amicus Curiae, Pennsylvania School Board Association, filed in support of Appellant, Hermitage School District KIM M...
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...First Amendment Research Paper: Freedom of Speech During the time the Constitution was being written, freedom of speech was mainly focused on political speech. People wanted the opportunity to express their ideas and opinions about the government without being reprimanded or unheard. People feared that if the government was able to censor unfavorable viewpoints, they would eventually form a politically powerful population and oppress those who did not share the same mindset. Along with concerns about political speech, freedom of religious speech was a common desire. Previous incidents in English and Colonial history had occurred where certain religious views were prohibited and the people wanted to make sure that they were safe from the government’s restrictions. During his speech to the First Congress on June 8, 1789, James Madison proposed the Freedom of Speech idea to congress. He included several amendments that specifically addressed the concerns of Anti-Federalists that certain rights were not strongly protected by the Constitution. Madison said in his speech, “The people shall not be deprived or abridged of their right to speak, to write, or to publish their sentiments.” Congress agreed with this idea and it became part of the first amendment. Madison continued with, “No state shall violate the equal rights of conscience, or of the press.” Congress did not like this and thought that only the federal government should be prohibited from restricting certain rights,...
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...1. After viewing the tutorials on finding a case in Westlaw, please locate the following legal sources. Give the proper bluebook citation for the source and also one paragraph summary of its contents. a. Case: 39 U.S. 503 (the case came out in 1969) Tinker v. Des Moines Independent Community School District. 393 U.S. 503, 506 (1969). John and Mary Beth Tinker and their friend Christopher Echardt decided to protest the Vietnam War. They decided to wear black armbands to school during the Christmas season. The principal heard about this and feared there would be a disturbance so the armbands were banned. If the students refused to remove them, they would be suspended until the protest ended, which was New Years. They were suspended for wearing the armbands. b. Case: 655 S.E.2d 232 Capp v. Carlito’s Mexican Bar and Grill No. 1, 655 S.E.2d 232 (2007) A trial court erred in granting summary judgment to a restaurant in a suit brought by a guardian of an injured child pursuant to Georgia’s Dram Shop Act. O.C.G.A. ? 51-1-40, as an issue of fact existed whether or not the restaurant’s server knowingly served alcohol to the child’s mother while she was in noticeable intoxication state. c. Statute: 29 U.S.C. §621 Age Discrimination in Employment Act of 1967 (ADEA), 29 U.S.C. §621 The purpose of this chapter is to promote employment of older persons based on their ability rather than by their age. It is also to prohibit any age discrimination in employment...
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...Name Kaplan University Practicing Online Research PA201 – Unit 2 Assignment November 22, 2014 1. Give the proper Bluebook citation for the source and also one paragraph summary of its contents: a. Case: 393 U.S. 503 [the case came out in 1969] In December 1965, students of public schools in Des Moines, Iowa wore a black armband to school to show their objections to the hostilities in Vietnam. The principals of these three schools became aware of the student’s plan to wear the armbands on December 16, 1965, and adopted a policy forbidding students to wear the armbands two days prior. Any student wearing an armband would be asked to remove it, or would be suspended for refusal until after New Year’s Day. Though the petitioners, Mary Beth and John Tinker and Christopher Eckhardt, were aware of the regulation that the school authorities adopted, they still wore their armbands to school as planned and were suspended when they refused to remove them. Tinker v. Des Moines Sch. Dist. 393 U.S. 503 (1969) b. Case: 655 S.E.2d 232 Leilani Capp, Grandmother and guardian of Brian Hunter Sykes, filed a suit against Carlito’s Mexican Bar and Grill to recover compensatory and punitive damages when an incident occurred that resulted in Sykes obtaining injuries from a car crash. Sykes’ mother took him to Carlito’s bar, where she drank heavily, drove herself and this child home intoxicated, and then crashed her vehicle on the way home. Capp alleges that a bar...
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...Critical Perspectives on Accounting (1996) 7 , 409 – 435 RECONSIDERING THE ‘‘SOCIAL’’ IN POSITIVE ACCOUNTING THEORY: THE CASE OF SITE RESTORATION COSTS DEAN NEU AND CYNTHIA SIMMONS University of Calgary This paper seeks to challenge the hegemony of positive accounting theory explanations of managerial behaviour. We argue that the decontextualized perspective of positive accounting theory is limiting and that changing the perspective offers a more complete explanation of behaviour. Starting from the notion of social relations developed by Marx, we reinterpret positive theory variables as proxies for a subset of the social relations in which managers are embedded. From this perspective, a more inclusive explanation of behaviour can be obtained by considering the entire web of social relations that influence behaviour. To demonstrate the ‘‘cash value’’ of a social relations perspective, accounting for site restoration costs is used as an illustration. The results are consistent with a broad social relations perspective. ÷ 1996 Academic Press Limited Introduction ‘‘[I]t is clear there is a relation between firm’s accounting choice and other firm variables, such as leverage and size and the signs of the relations are mostly consistent across studies. Positive accounting research guided the search for empirical regularities and provided explanations for them. To date, there are no systematic alternative sets of explanations for those regularities articulated and tested...
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...To Whom It May Concern: I am writing in regards to a high school position at your school I believe that my enthusiasm for Social Studies, students and learning would make me an excellent candidate for this position. I believe as educators we are ourselves are constantly learning what works and what doesn’t work by our diverse students and it is essential as teachers to keep in mind the needs of each and every one of our students. I am confident that my lesson plans and curriculum are designed to fit the requirements of the New York State Standards and the Common Core, which also reflects my contribution as a teacher to the classroom. I have a strong understanding of student development and have been consistently recognized by my cooperating teacher and her administrators for the relationships I create with my students in conjunction to the functionality of the classroom. My purpose in the classroom is to create a free space where students can engage in critical thinking, making inferences and supporting their ideas and opinions with primary and secondary sources. I believe it is important to utilize up to date pieces of information to engross the student’s attention and participation in the classroom. Being that our students are technologically savvy I also believe it is important to incorporate technology into lesson planning. I am also fluent in Greek and am to communicate with students and parents from Greek-speaking households in hopes to promote their parents...
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...Project 3- Research Paper Tehira K. Wright Instructor: Veena Radhakrishnan Digital Media and Society CMST 301-6382 October 6, 2013 Outline Social media apps and websites have opened the door for consumer driven news and content, as well as online streaming of almost anything. Partnered with smart phones and mobile devices, it comes as no surprise that more media is consumed via Smartphone, tablet or computer than any other way. “Digital media consumption leads the race with people using some sort of mobile or computer device 40% of the time, and television trails at a close second 38% of the time. That leaves radio and print media at 17%. Consumers spend a minimum of 2 hours every day watching videos and monitoring or engaging with social media. The bottom line—most of us spend about 12 hours every day consuming some form of media (Lewis)”. That’s a lot! Digital media is as common in our lives as the food in our refrigerators. It’s anything on the Internet, it’s your computer, your e-reader, tablet, desktop computer, Smartphone, gaming system and so on. If it’s a form of electronic content, then it’s probably digital media. In fact, if it has an on or off switch, you’re probably using digital media! In today’s society, I would say that individuals who are involved with online social media are quickly gaining the mindshare of different company employees and changing just as fast. With all of the benefits that social media is bringing to the corporate world, a company...
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...Introduction Modern African states have several problems ranging from corruption, to armed conflict, to stunted structural development. The effects of colonialism have been offered as a starting point for much of the analysis on African states, but the question of why African states are particularly dysfunctional needs to be examined, given the extent to which they have lagged behind other former European colonies in many aspects. In the first section, I will consider the problems with African states from the level of the state. That is, the nature of the states' inceptions and the underlying flaws may explain some of the issues that have been associated with African states today. Next I examine the development of, or lack of, civil society and the institutions which took place across the continent in the colonial era. In particular, I consider the lack of education and judicial authority and how this affected the formation of the structures which exist in the post-colonial era. Lastly, the economic legacy of colonialism is analysed, and whether the failure of African states to prosper can be explained by colonial practices. State Formation Ever since the boundaries of Africa were drawn up in 1884/5, very little has changed in terms of the continent's territorial divisions. Much has been made of the fact that the post-colonial states which constitute Africa were the products of colonial demarcations, and whose territories are not congruent to existing political and...
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...One extremely important case that test the limits of the Bill of Rights is the case of Texas v. Johnson. Gregory Lee Johnson was at the 1984 Republican National Convention when he burned the American flag as a form of protest to the policies of President Ronald Reagan. He was arrested and charged with violating a Texas statute that stopped the dishonor of respected items such as the desecration of the flag. A Texas court tried to convict him. He appealed, arguing that his actions were "symbolic speech" protected by the First Amendment. The issue being discussed is symbolic speech. Whether or not the burning of the flag is considered symbolic speech. Symbolic speech which is protected under the first amendment. The Supreme Court agreed to hear his case. He was found not guilty. freedom of speech protects actions that society may find very offensive, but society's outrage alone is not justification for suppressing free...
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...Marshall decided to challenge the protection guaranteed by the 14th Amendment. c. Provide a summary of the opinion of the Court in this case: The Court ruled that all people deserve equal protection. Although black and white areas were built equally, segregation...
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...Military’s efforts in establishing order and beginning the reconstruction of Germany. His work is similar in vein to his other publications in that he concentrated upon the efforts of the US Military. The chapter First Encounters: Conquest and Initial Occupation, By Dewey A. Browder, in “Neighbor America: Americans in Rhineland Palatinate, 1945-95, examined the initial US entry into Germany and their efforts to administer the conquered territory. His thesis is apparent from the books’s title; ‘Neighbor’ has connotations of a benevolent partner and this is exactly what Browder argued in his chapter. Furthermore, the author’s thesis is consistent with his other works. The title of Browder’s book, Americans In Post-World War II Germany: Teachers, Tinkers, Neighbors and Nuisances is suggestive of his view that on the whole, the US army’s post-war handling of the Germans was a success; the minor criticism of ‘nuisances’ was handled only in one chapter towards the end. The more negative aspects of American occupation such as the criminality of some US soldiers was only a stumbling block in an ongoing and ever friendlier relationship that each side, for its own reasons, was determined to develop. In addition, in 2008, the Strategic Studies Institute and Austin Peay State...
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...Management assignment 2 Tables of content Executive summary………………………………………………………………………………3 1. Introduction………………………………………………………………………………4 a. Purpose……………………………………………………………………………….,4 b. Background…………………………………………………………………………...4 c. Scope………………………………………………………………………………….4 d. Limitation …………………………………………………………………………….4 e. Methodology………………………………………………………………………….5 f. Plan……………………………………………………………………………………5 2. Repair negative social image……………………………………………………………...5 a. Public criticism in the 1990s………………………………………………………….5 b. Responding to the criticism and repair Nike’s image………………………………...5 3. Organizational culture related to sustainability…………………………………………..6 a. Impact of organizational culture to sustainability…………………………………….6 b. Building organizational culture………………………………………………………6 4. Product innovation……………………………………………………………………….7 5. Conclusion………………………………………………………………………………..8 6. Recommendation…………………………………………………………………………8 References list……………………………………………………………………………10 Executive summary Management sustainability is the responsibility of organizations to ensure their operations give economic, social and environmental value while maintaining the resources required for future generation. Sustainability is a part of business strategy today and it can bring competitive advantages for companies if it is well considered. Nike is the world leading company...
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...Summary Preface The author explains the origins of the marked language that he employs in this as well as in his other plays. He heard all of the uncommon words and sayings actually used by Irish peasants to whose speech he always paid great attention. He believes that vivid folk imagination, still alive in Ireland, is the source of poetry as well as a means of presenting reality in a work of literature. Reality is especially important on the stage: ‘In a good play every speech should be as fully flavoured as a nut or apple.’ Persons Christopher Mahon (called Christy): a naturally timid thin young man of about twenty. Old Mahon: his father, a squatter [= a farmer occupying land to which he has no legal claim]. Michael James Flaherty: a fat jovial middle-aged widower, a publican [= pub keeper]. Margaret Flaherty (called Pegeen): his daughter and barmaid, a brisk girl of about twenty, wild but fine. Widow Quin: a curious widowed woman of about thirty, self-sufficient but lonely and fond of gossip. Shawn Keogh: her cousin, a young fat and fair farmer, kind and harmless, but cowardly and dependent. Philly Cullen and Jimmy Farrell: small farmers. Sara Tansey, Susan Brady and Honor Blake: village girls. All of the characters are unrefined peasants, coarse but vital. Setting The play takes place in a rough and untidy shebeen [= country pub] in an isolated village on the wild coast of Mayo, a county in the north-west of Ireland. Act I passes on an autumn evening, Acts II...
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...Mid-Term Case Study Analysis Introduction According to Ann Cunliffe, Organization Theory “wasn’t recognized as a discipline until the 1960s” (Cunliffe, 2008, pp. 8). Currently however, Organization Theory is a common concept and has to be practiced every day by managers. For that reason, managers and administrators must be aware of the competitive advantage that derives from the thorough knowledge of organizational theories. Organizational literature offers a broad amount of tools that can help managers in their decision making processes. Even though theories are not rules, they are based on observation and data collection over the years, and are accepted among scholars (Vibert and Hurst, 2003). Consequently, learning the theories that scholars have written in the past (and in the present) help managers to create a portfolio of frameworks to solve the problems they might face in their organizations. Moreover, managers who excel the practice of organizational theories become more critical individuals; improve effectiveness within their organizations and develop the ability to predict organizational behavior. Based on the above, this paper pretends to put into practice the theories and concepts learned so far in the academic course Organization Theory. Accordingly, this script summarizes the practical analysis of the case presented in Jermier’s work “When the Sleeper Wakes”: A Short Story Extending Themes in Radical Organization Theory (Jermier, 1985). This critical analysis...
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...A Review of Management Problems Arising From Reintroductions of Large Carnivores Date: September 2014 Abstract | Introduction | Conclusion | Acknowledgements | References | PDF Abstract Large carnivores are often apex predators and are important in ecosystems as their behaviour promotes biodiversity. They frequently fall victim to anthropogenic causes of local extinction and subsequently, have often been the subjects of conservation efforts involving reintroduction programs. As land-use changes restrict ranges and reduce prey for large carnivores, the trend towards local extinction is set to increase; therefore ex-situ conservation is likely to be increasingly prevalent. Reintroduction programmes are divided into two distinct parts. The first part is pre-release, which includes selection, breeding, and preparation of animals. The second part runs from the time the animals are ready for release through the actual release process and may include post-release monitoring and the release of further, supplementary, animals where this is necessary and feasible. This study identifies and discusses a number of potential problems involved in the use of captive animals to seed reintroductions including welfare as well as ethical and political issues. Other challenges include the genetic and behavioural integrity of founder animals and disease control, both in captivity and post release. This study also identifies a number of points for consideration during and after release, including...
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