Civil Proceedings - John Tobin and the Department of Industrial Assignment

Civil Proceedings - John Tobin and the Department of Industrial Accidents - Assignment Example The plaintiff seeks that his case should be remanded to a lower judge so that more evidence can be gathered related to the statute applicable to his case. In addition, he seeks to prove that he is entitled to receive social security benefits and employee pension despite being inactive for two years in the labour market. The employees appeal was submitted in and heard by a single judge in the Appeals Court. The Appeals Court upheld the orders of the reviewing board of the Department of Industrial Accidents. His request that this issue should be remanded to a lower judge for further consideration of evidence and findings stands rejected. Furthermore, the Court rejected the employees contention based on the Federal Age Discrimination in Employment Act (ADEA) (CASE). John Tobin started working as the custodian of Stoughton Police department in 1978. In 1988, he injured his shoulder while cleaning an overhead light fixture. Consequently, surgical procedures were performed on his shoulder; He received two payments out of the workers' compensation benefit on 15th October 1988 and 29th October 1991. John Tobin had been unemployed for two years and over the age of sixty-five by 29th October 1991 when he received the second payment. The administrative judge passed an order that John Tobin is not entitled to receive employee benefits. He appealed against the order to the reviewing board but two out of the three judges on board affirmed the orders passed by the administrative judge. The issues relate to whether John Tobin is entitled to receive employee benefits as he is above sixty-five years of age and has been out of labour market for over two years. Additionally, if he is entitled to receive compensation payments as he was injured prior to the amendment in the General Law, which laid down certain restrictions on compensation payments. The orders of the reviewing board were affirmed so they won this case. The Appeals Court rejected the employees argue that the General Laws c. 152, Â § 35 are in contravention of the Fourteenth Amendment to the United States Constitution and the Declaration of the Rights of the Massachusetts Constitution.

Organization Theory and Design Essay Example | Topics and Well Written Essays - 750 words

Organization Theory and Design - Essay Example Things have never moved so fast and threats and opportunities have never been so immense. Competitors have to be efficient and different to survive and stay on the top. Daft continues and presents the most recent developments in organizations' design - structures and management methods that have only emerged lately in response to the turbulences in the environments and competition worldwide. The rise of an emerging managerial philosophy of efficiency, system, and process is, according to Daft, reflected in the forms of internal communication that serve as mechanisms for managerial coordination and control. These have developed as a product not only of changing organizational needs but also of the technologies available to support them. Forms of organizational communication can thus be organized into specific and recognizable 'genres' such as letters, memorandums, meetings, agendas, proposals etc. These technologies as used by principals and senior managers within colleges not only to account for, but also to promote and disseminate, specific leadership visions and objectives. The overflow of more general managerial philosophies into the realm of globalizations in recent years has included the need to demonstrate competence, compliance and effectiveness to a variety of audiences. Going with Daft's idea1, the purpose of my study would suggest that this need for visible competence is now a dominant theme, driven by external inspection, funding and governance mechanisms as well as the service culture expectations of users and other stakeholders. Such 'audit cultures' (Strathern, 2000) are increasingly common in both public institutions and private enterprise, reflecting the need to perform a new kind of accountability based around the twin goals of economic efficiency and good practice. The concept of the audit, previously constrained within financial applications, has now expanded to become a ubiquitous element of daily life, with the learning and skills sector being no exception. The result is a raft of 'technologies of accountability'. The pan-national corporation, with its inherently complex structure, is the organizational form most severely affected by globalization. It is therefore important for the management of such corporations to improve the control and coordination of the corporations' spatially dispersed subsidiaries. Information technology (IT) has been hailed as an important tool in changing traditional control and coordination processes in complex environments. IT is being used for changing the nature of the relationship between headquarters and subsidiaries in a manner that makes the pan-national corporation more global in orientation. This is occurring as operations and decision-making processes in subsidiaries are redesigned in order to improve global management and local responsiveness Technology serves to shape the manner in which leadership work is

Explore the differences in the ways Hamlet and Laertes go about seeking revenge Essay Example for Free

Explore the differences in the ways Hamlet and Laertes go about seeking revenge Essay This essay will consider the relevance of father/son relationships to motive for and the manner of revenge, the initial responses of both Hamlet and Laertes to the news of the murder of their father. Finally I will conclude by comparing how Hamlets and Laertes responses each compare with Fortinbras responses to his fathers death. The relationship each son had with his father is important, because it can be seen what motivates them for revenge, and whether or not their fathers influence inspires such vengeance. Hamlets relationship with his father is only shown after his demise. This is the only way we are able to see father and son interact. What we do see of this indicates that they do not have a good relationship, as the ghost of Hamlets father takes no pains to cover up the torment he endures beyond the grave. The ghost wants Hamlet to revenge his foul and most unnatural murder and warns that he would find Hamlet a fat weed that roots itself in ease on Lethe wharf if he did not avenge his death. The ghost might have said this quite scathingly, perhaps because he is aware of Hamlets tendency to contemplate every action, and failure to get things done quickly. The love in this relationship is clearly one sided, Hamlet later on in the play, in Act 3 Scene 3-4 shows his mother a picture of his late father and a picture of Claudius. He bitterly comments on how superior his father is with his Hyperion curls, grace and eye like Mars to threaten and command compared to Claudius. He is furious and obviously holds his father in high regard. The abnormality of Hamlets situation is emphasised when the ghost appears before Hamlet and his mother in act 3 Scene 4. When Hamlets situation is compared to the relationship Laertes shares with his father, the result is starkly different. They both appear to have a very close father-son relationship and in Act 1 scene 3 we can see a conversation between them, where Polonius is giving Laertes fatherly advice on how to behave when in Paris. Among the many aphorisms given by Polonius, he warns Laertes too not give any unproportioned thought his act; Later on in the play, we can of course, see that Laertes ignores this heartfelt piece of advice when seeking revenge on Hamlet. Through not sitting down and thinking the situation out calmly, he jumped to the wrong conclusions. Polonius went so far as to ask for Claudius permission for Laertes to leave for Paris on Laertes behalf. The language he uses such as he wrung from me my slow leave does not suggest anything other than a father who carries nothing but deep affection for his son, and does not which to see him leave. No sooner are we shown the cruel and malicious treatment of Hamlet by hid dead father, then we are shown the stark contrast of Laertes and Polonius concerned and endearingly caring farewell conversation. As well as having completely different familial relationships, Hamlet and Laertes themselves form one of the most important polarities in all of the play. This is important in understanding why both characters have different methods of avenging their fathers. As the plot progresses, Hamlets hesitance and general inability to obtain his fathers revenge, will be heavily contrasted with Laertes fierce willingness to avenge his fathers death. Before Hamlet spoke to the ghost, he didnt know that his father had been murdered. When the ghost asks him to revenge his foul and most unnatural murder Hamlet replies Murder? the question mark in this statement indicates that Hamlet had not considered seriously the idea that his father had been murdered, and that it had taken him by surprise. Hamlet has been delivered a double shock. He was already grieving for his fathers death and is now confronted by the fact that he was murdered. The ghost exhorts Hamlet to seek revenge and Hamlet, who is intensely moved, swears to remember, obey, and sweep to his revenge. Whereas Hamlet doesnt quite trust the ghost and seeks to test Claudius guilt himself by staging a play based on the murder, Laertes sees no cause to disbelieve the method in which his father died. Laertes instantly trusts Claudius word that Hamlet is his fathers murderer. Laertes is a complete foil for Hamlet in some actions; his cry for vengeance is an absolute contrast to Hamlets timorous testing for the ghosts truthfulness. Laertes acts as the wronged son operation in open fury who dates damnation; He has all the moral legitimacy that Claudius lacks and that Hamlet has forfeited through not acting quick enough and procrastination too much. Hamlet, however, does have powerful and genuine incitement a dear father murderd as one soliloquy puts it and a mother staind as does another. Laertes confronts the king in Act 4, Scent 5. He demands where is my father how came he dead? Ill be revenged most thoroughly for my father believing Claudius to be the perpetrator of his fathers murder. The words that Laertes utters could quite easily have come from Hamlets mouth. You can almost hear the bitterness and scarcely contained fury in Laertes tone as he said these words. It is poignant that whereas Hamlet took time to establish Claudius s guilt for himself, Laertes had jumped in at the deep-end and confronted the king wrongfully. Claudius managed to diffuse the situation by giving very short snappy answers such as dead by saying this; he is showing that he is being honest and up-front with Laertes and giving no excuses. In Act 4, Scent 7 Laertes initial fury has calmed down, although he remains extremely confident about the task ahead. He thinks about Hamlets dirty deed and his noble father lost; he welcomes Hamlets return so that he can tell him to his teeth though didest thou. Every word he says invites comparison with Hamlet. When he arrived at the palace to challenge the king, Laertes brought with him a riotous head who cried, Laertes shall be king! He is obviously very angry, and this can be seen in the manner in which he speaks to Claudius. He calls him a vile king, dares damnation, and vows to the blackest devil! He obviously wants to make very clear his feelings on the matter of his fathers death and wants revenge. It can also be seen that he has dispelled any respect he had for Claudius. This is different from Hamlet, because although Hamlet is not overly polite to the king, he does not openly defy him as Laertes does in this scene.

Cloning :: essays research papers fc

Cloning is a big issue now. Many arguments are going on about cloning humans being immoral. But what is cloning? Cloning is one or more offspring from a single ancestor; the genetic composition from the ancestor is identical to the offspring. No sex is involved in the production of clones, and since sex is the normal means by which new genetic material is introduced during procreation, clones have no choice having the same genes as their only parent. A clone of cells refers to the descendants of a single parent cell. Tumours are actually clones too. They are derived from one cell that no longer obeys the normal rules of growth control. Corals are another example of clones. Identical twins are even clones that are produced by splitting of a single embryo. So to keep it simple, members of a clone are genetically identical. Here is a diagram of how cloning is scientifically done.   Ã‚  Ã‚  Ã‚  Ã‚  The benefits of cloning might include, building a mass army of look-alikes or recreating Einstein or Elvis. You could clone livestock for steady supplies of food. There is no guarantee that the first cloned human will be normal. The fetus might get some disorder or disability that can’t be detectable by ultrasound. They might be born disabled. Disorders may show up later in their life. Such problems have been seen in other cloned mammals, such as reproductive problems. There is no reason to that this won’t happen in a humans’ case. Large scale cloning could eliminate genetic originality. It is diversity that causes evolution and adaptation. It prevents an entire species from disappearing because of a disease. The people out there who are childless because of a rare hereditary disease would be able to produce offspring that were genetically theirs. However, if the cloned sheep â€Å"Dolly† were anything to go by then less than one in a hundred success rate would cause many problems. More importantly, it is quite possible that cloned individuals will turn out to be at risk. We do not yet know the long-term effects of making an old adult cell nucleus to begin a new life again in an egg. Cloning :: essays research papers fc Cloning is a big issue now. Many arguments are going on about cloning humans being immoral. But what is cloning? Cloning is one or more offspring from a single ancestor; the genetic composition from the ancestor is identical to the offspring. No sex is involved in the production of clones, and since sex is the normal means by which new genetic material is introduced during procreation, clones have no choice having the same genes as their only parent. A clone of cells refers to the descendants of a single parent cell. Tumours are actually clones too. They are derived from one cell that no longer obeys the normal rules of growth control. Corals are another example of clones. Identical twins are even clones that are produced by splitting of a single embryo. So to keep it simple, members of a clone are genetically identical. Here is a diagram of how cloning is scientifically done.   Ã‚  Ã‚  Ã‚  Ã‚  The benefits of cloning might include, building a mass army of look-alikes or recreating Einstein or Elvis. You could clone livestock for steady supplies of food. There is no guarantee that the first cloned human will be normal. The fetus might get some disorder or disability that can’t be detectable by ultrasound. They might be born disabled. Disorders may show up later in their life. Such problems have been seen in other cloned mammals, such as reproductive problems. There is no reason to that this won’t happen in a humans’ case. Large scale cloning could eliminate genetic originality. It is diversity that causes evolution and adaptation. It prevents an entire species from disappearing because of a disease. The people out there who are childless because of a rare hereditary disease would be able to produce offspring that were genetically theirs. However, if the cloned sheep â€Å"Dolly† were anything to go by then less than one in a hundred success rate would cause many problems. More importantly, it is quite possible that cloned individuals will turn out to be at risk. We do not yet know the long-term effects of making an old adult cell nucleus to begin a new life again in an egg.

Discoverability of Electronic Evidence

Lisa Buehrer Intro to Paralegal Teamwork (Team A) Discoverability of electronic evidence Identify the various types of electronic evidence, including potential sources of electronic evidence? Computer-generated or electronically recorded information such as emails, voicemails, spreadsheets, word processing documents and other data. What are the advantages of electronic evidence? Once something is entered into the computer, it is saved whether the save button is pushed or not. This is called Metadata.This consists of data that is hidden and kept on the computer like the path, creator, date created, date last accessed, etc. What are the disadvantages of electronic evidence? The biggest disadvantage to electronic evidence is that it can be tampered with or altered by an individual. Is electronic evidence discoverable in Federal Court? In State Courts? Yes What are the special requirements to be followed when dealing with electronic evidence that a part wants to use as evidence during li tigation?You need to make sure that you have obtained an exact image copy of the electronic evidence and make sure you can prove that it hasn’t been tampered with or changed from the time you obtained it. What is the final team consensus as to whether electronic evidence should be freely discoverable and admissible in litigation? I believe that electronic evidence is a must in the times that we live in as long as the chain of custody has been done. As long as the chain of custody is followed there is never going to be a question as to the validity of the evidence.

Commentary On Nature Of Tragedy - 2375 Words

Name: Chaitali Desai Paper: Research paper Topic :Nature of Tragedy â€Å"Nature of Tragedy† For many centuries, the tragedy continues to be perceived as the most heartwarming arrangement of drama because it incorporates the capability of transporting the spectator into the drama as well as allowing them to apprehend the characters, particularly the tragic hero. The tragedy was shaped by the Greek philosopher, Aristotle, in a book called, The Poetics. It was composed fifty years after the death of Sophocles. Sophocles is the writer of the tragedy, Oedipus the King. Aristotle was a great admirer of Oedipus the King, considering it is the perfect tragedy. Not surprisingly, Aristotle’s analysis of tragedy in The Poetics fits†¦show more content†¦These events are the consequence of the main character’s own nature and practice of thought, and the actions create the plot of the story. He indicates that the medium of tragedy is the drama, not the narrative; with events raising pity and fear. What Aristotle means by â€Å"catha rsis† is purging or interpretation of misfortunate and fearful events that happen in the play. Aristotle believes that tragedy is higher and more philosophical than history because history relates to what has already happened, whereas a tragedy dramatizes what may happen. Therefore, a tragedy stimulates not only pity, but also fear in the audience and the reader. He goes on to speak about the parts that make up a tragedy. He believes that every tragedy must have six parts – plot, characters, diction, thought, spectacle, and melody. To begin with, plot is the most important feature of tragedy. Aristotle defines plot as the arrangement of the incidents (Aristotle 12). The plot is the soul of a tragedy. The plot must be a whole which includes a beginning, middle, and an end. Modern critics call the beginning the incentive moment. Incentive moment is when the play starts off with the cause and effect chain, but it is not dependent on anything outside the range of the play. For example, the causes are restrained but its effects are stressed. The middle part is called the climax. The

How Industrialization and Urbanization at the Turn of the...

At the turn of the century, Industrialization and Urbanization brought prosperity to Canada and Canadians by improving and altering their livelihoods for both positive and negative reasons. According to the authors, Industrialization and urbanization led to the growth of the economy, development of the east, west and central cities, increase of rural to urban migration, the rise of the middle class and the recognition of women in the work force. Financial Investment through banks, foreign, government and private investors led to a boost in the Canadian economy. (Francis, Jones, Smith 132). These investments accelerated industrialization and urbanization causing an influx of large banks, commercial institutions and transportation†¦show more content†¦However, it can be argued that mechanization caused the loss of job opportunities to Canadians in rural areas because human and manual labour was replaced by machines that did twice as much work and functioned better. An example of this is the â€Å"iron chink† that replaced Asian workers (Francis, Jones, Smith 139). Due to Urbanization, a lot of Canadians were educated and trained in multiple trades according to the authors. Women were educated in factory, clerical and teaching professions while the men worked in the mines and construction. This huge step towards female recognition in the workplace was a big contrast from their previous roles of home making and taking care of domestic chores. As stated by the authors, women were eventually allowed to practice professional careers. An example of this is Emily Jennings Stowe who became the first female Canadian to set up a hospital in Toronto whilst her daughter, Augusta Stowe became the first female to receive a Canadian medical degree (Francis, Jones, Smith 158). Industrialization caused an upsurge of immigration in the urban centers leading to the acceleration of urbanization (Francis, Jones, Smith 137). However, this rapid population growth soon s tarted to cause problems. These include the emergence of slums in highly populated centers, lack of proper sanitation, deterioration of health and the rise of prohibition evident through the number taverns,Show MoreRelatedHistory3241 Words   |  13 PagesAmerica) Rise of nationalism Industrialization Global transitions: the americas, the ottoman empire, Romanov Russia, Qin China, Japan. Global empires. Atlantic Revolutions: In the early modern period (1450-1750. Period of early European exploration and contact. It caused the establishment of european commercial empires. Primary tributary, it focused on trade, and some settler comics. This caused there to be â€Å"nation-states†, in tern proto-industrialization in europe (innovation) EuropeRead MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words   |  656 PagesCataloging-in-Publication Data Essays on twentieth century history / edited by Michael Peter Adas for the American Historical Association. p. cm.—(Critical perspectives on the past) Includes bibliographical references. ISBN 978-1-4399-0269-1 (cloth : alk. paper)—ISBN 978-1-4399-0270-7 (paper : alk. paper)—ISBN 978-1-4399-0271-4 (electronic) 1. History, Modern—20th century. 2. Twentieth century. 3. Social history—20th century. 4. World politics—20th century. I. Adas, Michael, 1943– II. American HistoricalRead MoreHistory of Social Work18530 Words   |  75 Pagesgreat importance for the development of the science of social work. http://eris.osu.eu/index.php?kategorie=35174id=5176 IN AN ERA OF CHANGE †¦to reach an understanding of what Social Welfare / Social Work is?.. the issues it should address.. how it should be carried out?†¦ social workers travelled a long path†¦and it is worth knowing 3 S.Rengasamy-History of Social Welfare / Social Work Framework to understand History of Social Welfare / Social Work Understanding history throughRead MoreMarketing Management130471 Words   |  522 Pagesto customers and for managing customer relationships in ways that benefit the organization and its stakeholders. Hence it can be surmised that marketing is basically meeting unmet needs for target markets, identifying those unmet needs and planning how to meet them through products, services, and ideas. Communicating the value to them along with pricing which is affordable and profitable and also distributing the products so that customers have appropriate accessibility and have quick and easy delivery