...1. Case Name, Citation, and Court U S West Financial Services, Inc. v. Robert Cipriano and Nancy Cipriano 1990 U. S. Dist. LEXIS 7364 United States District Court for the Southern District of New York 2. Key Facts A. Christian signed a partnership agreement when he joined the accounting firm, Weber, Lipshie. B. The agreement contained: 1) a restrictive covenant providing that in the event defendant withdrew or was expelled from the partnership he would not, for five years, service any of the accounts serviced by the firm; 2) a liquidated damages provision providing that the damages to the partnership for the loss of fees from any such clients would be measured by the firm's time charges for those clients for the 12 months immediately preceding their loss. C. Christian was expelled from Weber, and formed his own practice. Certain clients took their business from Weber, Lipshie to Christian. D. Weber, Lipshie sued Christian for liquidated damages, and Christian cross-complained for breach of contract. E. The trial court held that if Weber, Lipshie expelled Christian without good cause, the restrictive covenant would be unreasonable and unenforceable. The trial court granted a new trial on this issue. 3. Issue Whether the measure of damages provision was an invalid penalty? 4. Rule Cal Civ Code § 1671 states that a liquidated damages clause is presumed valid and places the burden on the party who seeks invalidation to show that the provision was unreasonable under the...
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...The Bible: A Dogma or a Set of Guidelines? Dietrich Bonhoeffer Kayla Tremblay November 27, 2012 The Bible: A Dogma or a Set of Guidelines Dietrich Bonhoeffer November 27, 2012 I. Introduction a. Dietrich Bonhoeffer i. Biography ii. Christianity and War iii. Thesis: As demonstrated by Bonhoeffer in his war against socialism, religion cannot be looked at as a dogma and instead should be a malleable doctrine that is subjective to history. II. Body b. Christian Doctrines iv. Fundamental guidelines v. Use of the bible 1. Hitler a Christian? vi. No rules in war c. Moral Ethics vii. Ethics of Conviction vs. Ethics of Responsibility viii. Rationality d. Just War Theory ix. St. Thomas Aquinas x. Guidelines for a Just War xi. Just War is applicable e. What about Christians and Pacifists? xii. “Put your sword away” xiii. No such thing as a “Just War” III. Conclusion f. Summary xiv. Thesis: As demonstrated by Bonhoeffer in his war against socialism, religion cannot be looked at as a dogma and instead should be a malleable doctrine that is subjective to history. g. So what? xv. Accomplishments xvi. Interpretation xvii. Cost-benefit analysis Dietrich Bonhoeffer was a Lutheran pastor and theologian living in Germany during the time of Nazi...
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...ACCTG 351B: Business Law (San Francisco, Fall 2013) INSTRUCTOR: KRISTIN L. ROSI Work: (415) 538-4387 FAX: (415) 904-5854 E-mail: krosi@ggu.edu In addition to working as an Adjunct Professor at Golden Gate University, I am employed as an Administrative Law Judge with the California Department of Insurance and as a Pro Tem Judge with the Alameda County Superior Court. Prior to becoming an ALJ, I was the Senior Regional Attorney at the California Public Employment Relations Board, where I authored a treatise on public sector employment. I was awarded an A.B. in Psychology and Women’s Studies by Smith College in 1992; a J.D. (Public Interest Scholar) by University of California, Hastings College of the Law, 1995; and am currently working on my PhD in Judicial Studies from the National Judicial College at the University of Nevada, Reno. OFFICE HOURS: My office is located 1.5 blocks from 536 Mission St., so I can meet there by appointment. Please telephone or email me as early as possible for an appointment. COURSE DESCRIPTION: Focuses on the legal, regulatory and ethical context of professional accounting practice. This course will consider the law and the legal environment within which certified public accountants practice and the most important areas of the law affecting clients. Topics covered in this course are the law of administrative agencies; the regulation of professions generally and of accounting specifically; ethics and professional responsibility, the AICPA's...
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...Innovation, Ethics, and Entrepreneurship Morgan P. Miles Linda S. Munilla Jeffrey G. Covin ABSTRACT. This paper is a response to Ray’s (2004) recent proposal that the intellectual property rights (IPR) attached to potentially life saving/life sustaining innovations should become public goods in cases where markets are either unable or unwilling to pay for the creation of the intellectual property. Using a free market approach to innovation based on Western moral philosophy, we suggest that treating intellectually protected life saving/life sustaining innovations as public goods will likely reduce social welfare over the long term. KEY WORDS: entrepreneurship, ethics, innovation, intellectual property rights, policy ‘‘For the Scripture says, ‘Do not muzzle the ox while it is treading out the grain,’ and ‘The worker deserves his wages’ ’’ 1 Timothy 5:18. Ray (2004), in a recent critique of Miles et al. (2002), proposes that the intellectual property rights (IPR) generated from any life saving/life sustaining entrepreneurial initiatives should be transferred to the public domain whenever potential users of these innovations are unable or unwilling to enter into mutually beneficial exchange relationships with the creators of the IPR. This reply offers a perspective on why Ray’s (2004) imperative does not maximize social welfare and, in fact, will tend to diminish social welfare over the long-term as a result of lower economic incentives for innovation. Introduction ‘‘Few...
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...FONER 2 Chapter 26 – Details The Triumph of Conservatism, 1969-1988 NOTE: Discussion items carry no actual grade point values. However, those students seeking consideration for their efforts should prepare, sign, and date an answer for their group’s discussion item. Answer sheets should also identify student’s class and section. Discussion items to be turned in should restate the discussion item and identify the chapter under review. All answer sheets should be typed double-spaced with standard 1” margins on all perimeters. All segment discussion items MUST be received before the end of class on each segment review date. NO EXCEPTIONS WILL BE MADE. 1. (A) Why was Richard Nixon NOT considered to be a ‘true’ conservative? (B) What constitutes a “Block Grant” as proposed by President Nixon? (C) What were the essential elements in Nixon’s proposed Family Assistance Plan and what were the legislative results? (D) What was Nixon’s Philadelphia plan? (a) Against the wishes and recommendation of the myopic conservative leadership in the late sixties Nixon expanded the welfare state and moved to improve relations with the Soviet Union but most of all he also opened up a dialogue with China. Instead of shrinking the federal bureaucracy as they hoped he would do Nixon infuriated his conservative base by creating a host of new federal agencies such as the Environmental protection Agency, the Occupational Safety and Health Administration, the National Transportation...
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...exclusivist o Inclusivist definitions take a broad view of what constitutes 'religion'. They could include [political movements, social movements and organisation etc. as long as they seem to carry out the functions of religion. o This could be a tautological way to define religion - a religion is something that appears to carry out the function of a religion. But what are the functions of religion? Who decides and on what criteria? o Exclusivist definitions take a narrower view of what constitutes a religion. They try and narrow down to the specifically religious and would exclude political movements for eg. o The problem here is in defining what constitutes 'religious'. Getting to the core of 'the religious' is v difficult. Glock & Stark Measuring religion They suggest 5 dimensions of religion that could be applied in order to measure the degree of religiosity in a society o Belief - the essential beliefs of a religion - core theology o Practice - acts of public and private worship and ritual o Experience - subjunctive feelings of being associated with some higher power or being o Knowledge - depth of understanding of the teachings and beliefs of a religion o Consequences - impact of being religious on daily activities These 5 dimensions illustrate the problem of measuring religiosity Which need to be taken into account? Does a religion have to satisfy all these dimensions? Which carry the greatest...
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...Assessment of the Family using Gordon’s 11 Functional Health Patterns Grand Canyon University: NRS-429-V October 06, 2013 Health Assessment of the Jackson’s Family, using the Gordon’s 11 Functional Health Patterns. The Gordon’s 11 Functional Health Patterns Assessment is a very useful tool in assessing and evaluating the family’s established health patterns, allowing the care provider an inside look at the overall health of a particular family and able to assist them in setting goals for better health outcome for the entire family. This paper will discuss the health habits and manner of functioning of the Jackson’s family, which consist of a mother age 41, father age 37, and 3 teenage sons, ranging in ages from 19, 16 and 14. This assessment will be conducted by asking 2 to 3 open-ended questions based on Gordon’s 11 Functional Health Patterns. The findings of Health Patterns of the Jackson’s Family, using Gordon’s Health Assessment. The Jackson’ Family is your typical family with a mother, father and 3 children. They have some set values and beliefs, and yet have some chaotic health behaviors which can become problematic eventually in the future, especially for the mother. In evaluating and assessing this family, it is evident that it is a family in which members care for one another very much. In the Pattern of Health Perception and Assessment, this family has a routine by which they will not seek medical assistance unless in emergency needs, but do follow up annually...
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...INSTITUTION: ST PAULS UNIVERSITY ADM NO: DLM/NKR/2280/16 LECTURER: MADDAM CATHERINE KAREMI UNIT TITLE: LEADERSHIP AND LEADERSHIP THEORIES SUBMISSION DATE: 12TH JUNE 2016 Charismatic Leadership Introduction Talking of charismatic leadership, scholars refer to the guidance provided to an organization by one or more individuals seen as heroic or inspiring and who have therefore been granted the organizational power to make dramatic changes and extract extraordinary performance levels from its staff. For example, a business manager imbued with charismatic leadership could be enlisted to orchestrate a turnaround or launch a new product line.Charisma is really a process – an interaction between the qualities of the charismatic leader, the followers and their needs and identification with the leader, and the situation that calls out for a charismatic leader, such as a need for change or a crisis. But when it comes to the charismatic qualities of leaders, the emphasis is on how they communicate to followers and whether they are able to gain followers’ trust, and influence and persuade them to follow. Most politicians, particularly on the national scene, have developed their ability to communicate effectively – to make speeches, “work the room” with potential donors and supporters,...
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...Press, or as expressly permitted by law, or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above You must not circulate this book in any other binding or cover and you must impose this same condition on any acquirer Library of Congress Cataloging-in-Publication Data Edmonds, Ennis Barrington. Rastafari : from outcasts to culture bearers / Ennis Barrington Edmonds. p. cm. Includes bibliographical references and index. ISBN 0-19-513376-5 1. Rastafari movement. 2. Jamaica—Religious life and customs. I. Title. BL2532.R37 E36 2002 299′.676—dc21 2002074897 v To Donnaree, my wife, and Donnisa, my daughter, the two persons around whom my life...
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...Journal of World Business 37 (2002) 69±80 Eastern European cluster: tradition and transition     Gyula Bakacsi, Takacs Sandor, Karacsonyi Andras, Imrek Viktor1 Budapest University of Economic Sciences and Public Administration, 1093 Budapest, Hungary Abstract The eastern European cluster consists of Albania, Georgia, Greece, Hungary, Kazakhstan, Poland, Russia, and Slovenia. It has a population of 232 million and a gross domestic product (GDP) of U.S.$772 billion. The cluster's distinctive cultural practices are high power distance and high family and group collectivism. The region is facing signi®cant challenges during its period of transition from communist philosophy to market-based economies. The participating managers value a much greater degree of future and performance orientation, but are strongly attached to their cultural heritage of deep family and group cohesion. They are also highly value charismatic and team-oriented leadership. The challenges and complexities facing the region are explored in the paper. # 2002 Published by Elsevier Science Inc. 1. Introduction This article provides an in-depth look at the eastern European culture. This region is understudied due to its socialist past and was not (with the exception of Greece and Yugoslavia), included in Hofstede's seminal work (1980) or basic reviewing and synthesizing study of Ronen & Shenkar, 1985 comparative study of 25 countries. Over the past few years, a few writers have examined cultural and...
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...It Takes A Nation Of Millions To Hold Us Back: The War on Drugs, Mass Incarceration, and a Call to Action for America's Black Youth By Carl L. Young An Alternative Plan Paper Submitted in Partial Fulfillment of the Requirements for the Degree Master of Science In Sociology: Corrections Minnesota State University, Mankato Mankato, Minnesota Spring 2013 Final Draft 4/20/2013 1 This Alternative Plan Paper has been examined and approved by the following members of the Examining Committee. _____________________ Dr. Leah Rogne, Advisor _____________________ Dr. William Wagner _____________________ Dr. Penny Jo Rosenthal _____________________ Dr. Nadarajan Sethuraju ________________ Date 2 A bstract This alternative plan paper examines the circumstances that have evolved as a incarceration of the Black community. In the last thirty years, the federal government of the United States of America has engaged in camp which has involved a variety of policies to stop the production, distribution and sale of illegal narcotics. Hundreds of billions of dollars have been spent in a war that has targeted the most vulnerable in our society, impacting its youth for generations to come. This alternative plan paper addresses...
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...The Trinity and The Church Dirk Weber DeVry University The Trinity and The Church In Christianity no discussion of ecclesiology should begin without addressing the nature of the One who gives the church meaning and purpose. It is the Triune God that brings the church; unity of substance, differentiated in personhood that is understood in perichoretic co-activity. The universal church received God’s full self-revelation in the person and work of Jesus Christ, and God’s Holy Spirit communicates that revelation to us even today. To what purpose? It is in the universal Christian church that God creates a matrix of categorical understanding in Jesus Christ and through the Holy Spirit. Within that Christian context, the universal church becomes the “Body of Christ” where all people from various Christian movements and denominations come together with the purpose of building a society based on relationship instead of wealth, power and glory. Why did God endure history, transform history, in the first place? The answer goes to the very heart of the Trinitarian relationship; a relationship humanity struggles to explain fully even two millennia after God’s full self-revelation, but humanity begins to understand when the community of faith reflects upon the whole scriptural witness. The passage in the Christian text that most effectively summarizes the relationship between the persons of the Trinity is found in 1 John 4:8, “God is love” (1 Jn. 4:8, New International Version). Love...
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...Social Change and Modernity Edited By Hans Haferkamp and Neil J. Smelser UNIVERSITY OF CALIFORNIA PRESS Berkeley Los Angeles Oxford © 1992 The Regents of the University of California INTRODUCTION Hans Haferkamp and Neil J. Smelser Haferkamp is grateful to Angelika Schade for her fruitful comments and her helpful assistance in editing this volume and to Geoff Hunter for translating the first German version of parts of the Introduction; Smelser has profited from the research assistance and critical analyses given by Joppke. 1. Social Change and Modernity Those who organized the conference on which this volume is based—including the editors— decided to use the terms "social change" and "modernity" as the organizing concepts for this project. Because these terms enjoy wide usage in contemporary sociology and are general and inclusive, they seem preferable to more specific terms such as "evolution" "progress," "differentiation," or even "development," many of which evoke more specific mechanisms, processes, and directions of change. Likewise, we have excluded historically specific terms such as "late capitalism" and "industrial society" even though these concepts figure prominently in many of the contributions to this volume. The conference strategy called for a general statement of a metaframework for the study of social change within which a variety of more specific theories could be identified. 2. Theories of Social Change Change is such an evident feature of...
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...Love From Wikipedia, the free encyclopedia Jump to: navigation, search For other uses, see Love (disambiguation). Archetypal lovers Romeo and Juliet portrayed by Frank Dicksee Love is an emotion of a strong affection and personal attachment.[1] Love is also a virtue representing all of human kindness, compassion, and affection —"the unselfish loyal and benevolent concern for the good of another".[2] Love may describe actions towards others or oneself based on compassion or affection.[3] In English, love refers to a variety of different feelings, states, and attitudes, ranging from pleasure ("I loved that meal") to interpersonal attraction ("I love my partner"). "Love" may refer specifically to the passionate desire and intimacy of romantic love, to the sexual love of eros, to the emotional closeness of familial love, to the platonic love that defines friendship,[4] or to the profound oneness or devotion of religious love[5], or to a concept of love that encompasses all of those feelings. This diversity of uses and meanings, combined with the complexity of the feelings involved, makes love unusually difficult to consistently define, compared to other emotional states. Love in its various forms acts as a major facilitator of interpersonal relationships and, owing to its central psychological importance, is one of the most common themes in the creative arts.[6] Love may be understood as part of the survival instinct, a function to keep...
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...The role of non-evidence based beliefs on anti-vaccination-Literature Review Student Name: Institution: Introduction Anti-vaccination proponents have largely embedded their energies in promoting doubt in parents, instructing forms of biomedical fear while capitalizing on their spiritual and paranormal belief naivety to enforce the same. These approaches are ensured to make it possible that even with any increase in people’s knowledge and evidence, their rational strength over anti-vaccine movements become a myriad.[Lewandowsky et al. 2013] Decision making becomes a weak thing to do because by looking at both ends, things seem to parallel each other. There those who believe in an unquestionable trust in political figures, doctors and other medical professionals. Other parents seem to look at homeopathy, nature and metaphysical tendencies to resolve their medical dilemma as regards to the vaccine.[Huntley and Peeters, 2010; Battles, 2008]. It is at this point that Lewandowski et al. [2013] and his believed that with an increase in knowledge the worldview polarization of science also doubled. Apparently, these issues are evident to point out to the fact that anti-vaccine attitudes are predicted by them. But there is very limited research in place, to depict the underlying factor beneath these forms of psychosocial behaviors against vaccines. The notion of worldview approach to anti-vaccine over vaccines is a current one and stems from paranormal, spiritual, and conspiracy beliefs...
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