Friday, November 29, 2019

Legalization Of Gambling In Ohio Essays - Online Gambling, Gambling

Legalization Of Gambling In Ohio Legalization of Gambling in Ohio The words Casinos and Gambling are often associated with gangsters, prostitution, murderers, and all the illegal operations one could think of. Those kinds of stereotypes are picked up in movies like Casino and the countless other gangster and casino related movies that are based in the 50s, 60s, and 70s, but that was then and this is now. While there may be some vestigial ties between organized crime and casinos, gambling is now big business (Weissman 1). The term gambling or gaming as the industry calls it, means any legalized form of wagering or betting conducted in a casino, on a riverboat, on an Indian reservation, or at any other location under the jurisdiction of the United States (National Gambling Impact Study Commission Act). The hobby of gambling is a part of most people lives. Casual bets on the Bulls and Knicks game or a weekend poker game at your buddies house are both forms of gambling. Gambling is a multi-billion dollar industry and Amy J. Seifert said in her article The Stakes that gambling has become one of the nations fastest growing industries (Seifert 2). Ohio can get a piece of that if they legalize all forms of gambling. Gambling, like baseball, is a national pastime. Gambling is deeply imbedded in the history of United States. Many settlers in Jamestown had their passageway paid for by the sale of lottery tickets. The revolutionary army was funded by lottery tickets also--Gen. George Washington bought the first one. In the 18th Century, buildings at Harvard, Yale, and Princeton were financed by lotteries (History of Gambling...1). Many people of the 1800s wouldnt be caught dead without a deck of cards. Despite its illegality, gambling during the 1860s was a popular pastime among the miners of Virginia City and Gold hill... A deck of cards was as much a part of a miners possessions as was the pick with which he unearthed silver from the mines (History of Gambling...1). The first territorial legislature that outlawed games of chance wasnt written until 1861(History of Gambling...1), but the law was unenforced. Probably because the cops themselves were playing. Nothing could be done to stop gambling so they tried to regulate it. In 1869 when the state legislature enacted a law requiring a license to operate a game, the state and local governments filled their coffers with the fees charged gaming operators (History of Gambling...1). Nevada legislature ordered all gambling establishments to close their doors in 1910 (History of Gambling...1). So what does someone do when something becomes outlawed? They go underground, and thats what people did. During the ban, gangsters Big Bill Graham and Jimmy The Couch Mckay operated illegal halls and monopolized prostitution and bootlegging when prohibition was enacted in 1919 (History of Gambling...1). When the Great Depression set-in, everyone looked for ways to make some money. During the depression, state legislators sought out ways to increase state revenues. Phil Tobin, a Nevada legislator from Winnemucca argued that since gambling still existed despite laws banning it, the state should legalize gambling and tax it. They did (History of gambling...1). In 1931, the state of Nevada legalized gambling.(History of Gambling...1). Casino gaming did not become a major industry until after World War II, when it flourished in response to increasing social acceptance and population booms in California and other western states (History of Gambling...1). The first respectable casinos were built in Reno by the Smiths and Bill Harrah in the mid-1930s. The Smiths and his partners opened Harolds Club and Harrah opened Harrahs (History of Gambling...1). Those clubs were alright but nothing compared to the casino being built down south in Las Vegas. Las Vegas was a small town until gangster Benjamin Bugsy Siegal changed the citys character forever by constructing its first lavish hotel-casino in 1945 (Gambling-Encarta). It was know as the Flamingo. The casino industry started and there was no looking back. Nevadas economy exploded and has made trillions to date. Gambling isnt just rolling the dice and praying for a seven or eleven. There are many different types of legalized gambling. The most obvious being casino-style gambling. Someone could play roulette, card and dice games, slot machines, and electronic games such as video poker and video slots. Other forms of gambling include Horse racing-the wagering of money on the outcome of a horse race, Indian gambling-the gambling allowed on Indian owned land. In 1988, Congress passed the Indian Gaming Regulatory Act which reestablished the right of sovereign Indian tribes

Monday, November 25, 2019

Art History essays

Art History essays As man evolved over centuries, his views of art also transformed. Each culture and era presents very distinct characteristics of their art. Through time and experimentation, the views of mankind clearly are seen with art. We must understand how art was used in the past, to know why we need it today. Egyptians were the first people to make a large impact on the world of art. Egyptians needed art for their religious beliefs more than decoration or self-gratification. The most important aspect of Egyptian life is the ka, the part of the human spirit that lives on after death. The ka needed a physical place to occupy or it would disappear. The double that lingered on in the tomb inhabiting the body or even statues of the deceases, but was also independent of man and could move, eat and drink at will. Most of the important men of Egypt paid to have their body carved out of stone. That was where the spirit would live after the man dies. They used stone because it was the strongest material they could find. Longevity was very important. The bodies are always idealized and clothed. Figures are very rigid, close-fisted, and are built on a vertical axis to show that the person is grand or intimidating. Most of the figures were seen in the same: profile of the legs, frontal view of the torso, and profile of the head. The style is called frontalism. In reliefs or paintings, frontailsm means that the head of the character is always drawn in profile, while the body is seen from the front. Like most civilizations, Egyptians put a lot of faith in gods. The sky god Horus, a bird, is found in a great amount of Egyptian art. Little recognition was ever given to the artists. The emphasis was on the patron. Early Greek art was greatly influenced by the Egyptians. Geography permitted both cultures to exchange their talents. The beginning of Greek art is marked by the Geo-metric phase. The most common art during the Geo-metr...

Thursday, November 21, 2019

Jonurl Essay Example | Topics and Well Written Essays - 500 words

Jonurl - Essay Example In my FIRO-B scale, certain results were evident while undergoing the elementary examination. My inclusion demands were rated at 6 which is a moderate result in comparison with other people. The effect of such a result is the ideal level. In other areas such as control, I came out with an 8 grade. This is usually characteristic of an independent person with high qualities to lead a group. Affection levels were rated ideal at 5. The effect these had is that I was designated to lead the group for having strong control. My temperament characteristics was OWL that means wise, knowledgeable, composed, sees everything, sees things before others see them and scans from high perch, swoops down with precision. I am great in decision making especially in difficult situations and also have ample knowledge on general matters. I have helped the group thoroughly in making financial decisions and also certain inter group challenges. I have a Phlegmatic introverted temperament. This makes me a good administrator of the group, I get to be very observant to the situation and reactions of other group members of the group. On the Jessica Baby story, I was keen to notice some strong reaction as well as from the group members. The story was inspiring to many people famous and infamous in society and has head relatively similar impact on a lot of lives in many people. The situation was very sympathetic and fills one with remorse and compassion. It was difficult for many to hide their compassion in the group. However, people showed theirs in different ways. Some would go to nearly crying while some would demonstrate their ambitions by playing as though they were part of the ordeal. Group members showed affection in different ways. Certain MBTI models can perfect one’s performance and people need different motivations for their problems, as the superstar who saw the circumstance as a motivation to quit drugs. Eschers Relativity picture has been used

Wednesday, November 20, 2019

History of Search Engines Dissertation Example | Topics and Well Written Essays - 2500 words

History of Search Engines - Dissertation Example nt of time, the files used to remain spread on unidentified public FTP servers which were only able to be found when someone declared a particular file’s availability through email and discussion forum or such similar sources. After a time-span of a year a dispersed search as well as recovery system procedure for documents known by the name of Gopher, was made available in the Internet. This was developed by a team of researchers belonging to the University of Minnesota. This release of Gopher was trailed by the emergence of few programs of searching known as Jughead as well as Veronica. These programs were stated to explore those files which were grouped in the directory systems of Gopher and made available a search related to the records and names with the help of a keyword on the numerous servers of Gopher (Gasser, 2006). Accessing the Internet speedily stretched outside its earlier area of research which was of industrial organizations and academic world. This reformation and alteration took place after the World Wide Web (WWW), which was made available publicly from August 1991, achieved vital mass in the year 1993. This was achieved with the help of the emergence of ‘Mosaic’ which was a web browser. ‘Mosaic’ was stated to be the initial program that offered a user a graphical user interface. Corresponding to the emergence of ‘Mosaic’, the earliest search engine of Web came forward. Wandex which was a directory of confined Universal Resource Locator (URL) and was founded on the earliest web crawler known as the World Wide Web Wanderer was developed. This was initially developed at Massachusetts Institute of Technology (MIT) for the reason of tracking the progress of the web. At the similar time, a range of search engines surfaced, entailing Aliweb.... This essay discusses that the information or data will be collected from secondary sources such as library materials. The sources will include journals, books, reports, articles, and magazines. This will be observed to be quite suitable for the research study owing to the easy accessibility and the broad mixture of sources which will assist in making the research more precise and correct. It is important that the information is gathered from the right sources. The legitimacy of the sources considered in this study will also be considered as a reason for selecting this process.The way of evaluating the information in this research study will be with the help of qualitative method. The qualitative method will be selected for the study as the data collected will consist of a wide range of information which will be to a certain extent impossible to be quantified. From the above discussion, the history of the search engines can be evidently traced. It can be inferred from the history that various search engines were released owing to their importance. Constant innovations were made so as to enhance the functions of the search engines. The amount of people browsing the web has been increasing with every passing day and so is the requirement of search engines. These not only aid in narrowing down one’s search but is also being used a source of promotion by the companies. The research will help to provide a pertinent reflection on this valuable factor in the global Internet platform.

Monday, November 18, 2019

Definition of Market Leader Essay Example | Topics and Well Written Essays - 500 words

Definition of Market Leader - Essay Example There are three major types of Market Leaders. Market leaders that are concentrated highly on operational brilliance comes under the first category. Wal-Mart is the best example of a company that focuses more on its operational excellance. It is a company devoted to provide low to reasonable prices with high class services. Corporations that zilch in on product leadership comes under the second category of Market Leaders. Firms like Intel, Microsoft, and Nike deals with the finest products in their target markets and continue to improvise their originality to keep themselves on top of their competitors every year (Delery, Doty, 1996, 802). Customer intimacy is another tool to attain a top ranking in the market. Firms that emphasize on customer intimacy works exhaustly to provide best possible solutions to their customers on. Nordstrom is a worthy example of a company whose business works over the concept of customer intimacy. Market leaders gets many advantages due to their huge mark et share that their competitors can only dream of. They generally get premium price for their products due to their brand strength. They enjoy lower product costs, longer product cycle and smaller sales cycle due to market responsiveness to their product lines. On the other side, All customers do not have high purchasing power, therefore market leaders’ product lines faces increased amount of market threats. Makrket leaders have to update their products on frequent basis to counter with piracy and their competitors.

Saturday, November 16, 2019

Does Descartes Provide A Convincing Argument?

Does Descartes Provide A Convincing Argument? Dualism is the philosophical belief that mind and matter are fundamentally distinct substances. William G. Lycan states that according to Cartesian dualism, minds are purely spiritual and radically non-spatial, having neither size nor location (Lycan, 47) and indeed, Descartes reached his conclusion by arguing that the mind and body are completely different in nature, making it possible for one to exist without the other. Whilst Descartes attempted to argue in favour of substance dualism, it can be said that his argument was ultimately weak, with substance monism being a far stronger viewpoint in the distinction between the mental and the physical. In this essay, I will attempt to argue that Descartes does not provide a convincing argument for the claim that mind and matter are distinct substances and instead, I will argue in favour of materialism through the particular exploration of functionalism. In order to understand dualism, we must first come to terms with Leibnizs Law due to the fact that most dualist arguments rely on this principle. The law states that if A=B, then any property of A is also a property of B (Guttenplan, 431). The first argument for dualism which I will discuss is the doubt argument, which compares the difference between an idea of ones own existence and an idea of ones bodys existence. The argument can be put forward as thus: Because of the nature of my being, my existence cannot be doubted. Because of the nature of my body, its existence can be doubted. Therefore, my mind which is the thinking thing that I am is not identical with my body. (Kim, 36) So in other words, whilst I can be convinced that I exist, it is not possible for me to know that my body exists with the exact same certainty. However, a response to this could be a comparison with another argument of similar structure but with a false conclusion, for example; Mary-Jane believes that Spiderman is a hero but Mary-Jane does not believe that Peter Parker is a hero. Therefore, Spiderman and Peter Parker must be fundamentally distinct. From this argument, we can see that the doubt argument is invalid. A second argument for dualism is the divisibility argument which may be reconstructed as follows: The self or soul lacks any parts into which it is divisible. The body, being spatially extended, is divisible and so composed of parts. Hence, the self and the body are distinct substances and the self is, unlike the body unextended. (Lowe, 8) The basic idea behind this argument is that the body is divisible because it is extended and thus can be separated into any number of parts. But Descartes argues that the mind is not divisible because each part of the mind, despite having different processes, has the same force behind it. Therefore, the mind cannot be seen as an extended entity because unlike extended entities, it cannot be divided into parts. So the same conclusion is reached; mind and body are ultimately distinct. However, the divisibility argument, despite being simple, has the same problem as the argument from doubt. We cant be totally sure that both premises are true. But Descartes was sure you couldnt divide the mind, especially someones thoughts and beliefs. However, it possible to argue that the mind can in fact be divided, if we consider the mind equal to the brain. Descartes may be right in stating that thoughts, beliefs, memories etc. cannot be divided but the substance that they are a state of, the physic al brain, can be separated such as in the case of brain surgery. People with personality disorders or split brains may have a divided mind. The first premise in this argument can only be true if we see the mind as a substance distinct from the brain. Thus, the divisibility argument is ultimately a weak argument in support of dualism. The final argument I will discuss is the argument from disembodied existence. Following the previous arguments, Descartes goes even further yet, stating that the mind is not only separate from the body, but that it can exist without it. The argument can be put as follows: If two things can exist apart from one another i.e. mind and body, they must be distinct. If I can imagine these things existing separately, God must be able to bring it about. If God can bring it about that these things exist separately, they must be distinct. Therefore, it is possible for the mind to exist without the body. In Meditation VI, Descartes expresses that he knows that all the things that he conceives clearly and distinctly can be produced by God precisely as he conceives them (Descartes, 28). Basically, the point that is being made is that if two things can exist separately, then they may be considered distinct. Descartes appeals to God to strengthen his argument, stating that if God can allow two things to exist separately, they must be distinct. But the problem lies in the fact that just because it is possible to perceive the mind and body as distinct, are they really distinct? Kim uses the example of the bronze bust of Beethoven. The bust could exist without being the bust of Beethoven, for example it could easily be the bust of say Brahms. However, if the bust is melted down, could it exist without being a material thing? The answer is no, as being material is a part of its essential nature and it cannot exist without being considered a material thing (Kim, 40). Thus, whilst its conceiva ble that I exist without a body, is it really possible? That is the problematic question that ultimately weakens Descartes argument. As I have shown Descartes argument for dualism to be weak, I will now highlight the ways in which materialism and in particular, functionalism refutes the claim that mind and matter are distinct substances, and fundamentally proves to be the stronger argument. One of the main questions that come from dualism is how the causal interaction of two distinct substances is possible. Materialism states that the universe contains only physical matter rather than distinctions, as in Descartes case. Whilst there are many strands of the materialist theory, functionalism appears to be the strongest. Functionalism is a theory which concerns itself with the idea that mental states are comprised exclusively by their functional roles. It explains how having a non-human brain can still result in mental states and also manages to explain how mental states can come from matter in the first place, without being completely perplexing. One of the strongest arguments in favour of functionalism is the argum ent involving the idea that mental states (such as pain) can be multiply realised because they involve functions. Fodor and Putnam argued that the importance of the state of pain does not lie on the c-fibres firing but what they are doing and what their contribution is to the operation. The point is that the role of the c-fibres could have been performed by anything suitable, as long as it was indeed performed (Lycan, 52). Clark puts the functionalist claim in an interesting way: the mind is to the body/brain as the program is to the physical machine. (Clark, 169) This idea can be seen as a direct response to the dualist view that mind and matter are distinct as the software is the product of material processes rather than being material in itself and any change in the software will cause changes in the computers physical components. Furthermore, it is impossible for the software to function without the hardware and vice versa, indicating that there is no real distinction between th e mental and physical. Ultimately, as I have argued in this essay, I believe Descartes dualist theory to be wholly unconvincing. This is primarily due to the weakness of the three arguments highlighted but also, the lack of strengths that appear in the theory. Descartes is convinced that mind and body are distinct but substance dualism doesnt seem to give an explanation as to why exactly mind and body are distinct and what the purpose of this distinction in. On the contrary, functionalism, a strand of materialism is a far more convincing theory in the discussion of mind and matter. By stating that there is no distinction between the two and that in fact, a mental state is concerned more with its function and its role in the wider system, an analogy can be made between the mind and a computer programme. This analogy is possible to conceive and essentially makes sense. So overall, substance dualism proves to be a far weaker argument in comparison to functionalism.

Wednesday, November 13, 2019

The Future is Here Essay -- essays papers

The Future is Here Abstract The school is one of the few institutions that has suffered the least changes over the centuries, but technology is gradually changing that. Teachers and students alike can take advantage of new methods and aids introduced in the classroom. The use of technology can make learning more challenging and motivating, by increasing the number of ways a teacher has to reach his/her students. Students have new tools to help them learn, and in the process bond with their teachers. Technology however is not without its detriments. When applied improperly, it can have negative consequences. Students may start to depend on it too much, and in the process lose creativity and focus. It can also lead to a lack of interaction with their peers, which hurts their social skills. The advantages far supersede the negatives, and the key is to find a balance between the old and the new. Technology is one of the biggest contradictory issues of our times. Some believe it helps people’s busy lives, and some believe it is causing problems among people, such as laziness and lack of culture. But when it comes to technology in education, the situation becomes even more complicated. Internet, software, computers, media in general and television are some of today’s privileges that are used in education. Some people believe that students are becoming so dependent on technology that their learning process is becoming jeopardized. But technology, if well used, can improve students’ learning skills. After performing many researches, it becomes clear that there are more advantages than disadvantages of adding technology in education. According to Young (2003), education is the way we make sure to build technology into the exper... ...ools available is not only helpful, but smart as well. Reference List: Bellis, M. (2003). The history of computers. Retrieved November 5, 2003 from http://inventors.about.com/library/blcoindex.htm Famous scots. (2003, September 26). Retrieved November 5, 2003 from http://www.scotshistoryonline.co.uk/famscots.html Hamilton, K. (2000). Presenting to different types of learner. Retrieved Novemver 5, 2003 from http://webhome.idirect.com/~kehamilt/spklearn.html Hopkinson, N. (2003). For media-savvy tots, TV and DVD compete with ABCs. The Washington Post. A01. Retrieved October 29, 2003. Johnson, D., Liu, L., & Maddux, C. (2000). Integration of technology into the classroom. New York: The Haworth Press. Means, B., Padilla, C., & Penuel, W. (2001). The connected school: Technology and learning in high school. San Francisco: Jossey-Bass.

Monday, November 11, 2019

Explain each of the areas of learning and development and how they are interdependent Essay

It is important to remember that each area of learning and development does not work in isolation but they are all in fact interlinked. Good quality activities will cover more than one area of development. For example, allowing children to access the outdoors will not only support their physical development, but encourage their communication and exploration of their environment. Where a child experiences a delay in one area, it is likely to limit their learning and development in the other five†¦ child with cerebral palsy who experiences hand-eye coordination difficulties is likely to find completing a puzzle difficult therefore hindering her problem solving, reasoning and numeracy. It is therefore vital that settings recognise each child’s individual needs and plan holistically in order to help children achieve their full potential across the six areas of learning. The physical development of babies and young children must be encouraged through the provision of opportunities for them to be active and interactive and to improve their skills of coordination, control, manipulation and movement. They must be supported in using all of their senses to learn about the world around them and to make connections between new information and what they already know. They must be supported in developing an understanding of the importance of physical activity and making healthy choices in relation to food. A child’s physical development may have an impact on their self-confidence as they grow older, if a child is unhappy with their appearance e. g. oung girls may feel their friends are physically developing at a faster rate to what they are, this may affect their social development and maybe even intellectual, when a child loses self-confidence they may become distracted in lessons and therefore fall behind in their school work. On the other hand if a child or young person is very physical and active and lives a healthy lifestyle, it is proven that this improves concentration, better sleep and a healthier life in general. This will impact on a child or young person’s intellectual development as they will be more alert and ready to learn, physical activity is also likely to encourage social and emotional development as schools will provide sports clubs and after school activities, giving children and young people the opportunity to socialise and progress in self-esteem. For a child to understand the world, he/she will understand that people have different beliefs, colour skin and religion, the world and technology. A child will also learn other children’s names, talk about family and friends. This has a huge impact on a child’s social development; they will have awareness of the world and the people around them, and therefore are able to confidently make new friends as they go through transitions such as moving schools. It is important that children and young people are given the opportunity to speak about themselves, their lives at home and also listen to others, and this gives them a perspective on the fact that everybody does different things, others’ lives differ to theirs and this is something that needs to be recognised and respected and not judged. Expressive arts and design means a child or young person making new things, designing and inventing a piece of art that is unique to them and their style, using a variety of materials and equipment. It is important to introduce this at a young age, not only does this encourage a child to express themselves creatively but also contributes to physical, intellectual, social and emotional development. Creativity relates to physical development from a young age as the movements required to make marks such as brush strokes improves both fine and gross motor skills, feet painting is a great activity to do with children to improve both creative and physical development, you could ask them to hop, skip, jump to make a variety of marks with the paint on their feet, children love doing activities like this as they are free to create whatever they like. You could introduce pattern making to expressive arts and design, progressing the child’s intellectual development; you could do this by providing a range of materials allowing the child to create their own pattern or engaging in the activity with the child engaging in discussion about what pattern they can make or get them to identify a pattern you have made and see if they can make one similar. Some children or young people use expressive art and design as a â€Å"get away† from any stress, they find it relaxing and calming. Personal and emotional development means a child developing skills to be able to make relationships and bonds, having self-confidence and self-awareness, understanding that actions may affect others and be able to learn positive dispositions such as empathy. We can encourage this in setting through â€Å"circle time† allowing children to talk about a topic of their choice, it is also important to discuss things such as disabilities and learning difficulties, so that if there is a child with these things in setting the child’s peers can empathise and help support the child as well as the adults. Personal and emotional development can be affected through a number of ways, one being if a child has a severe disability, they may feel that they are unable to take part in the same activities as their peers or may have a low self-esteem, this is why it important to promote equality, diversity and inclusion in setting it is important to plan activities around children’s needs leaving no child to feel left out. Physical disability often disturbs intellectual development, the reason for this being the main focus would be improving the child’s physical abilities e. g. he child may need to attend physiotherapy or regular hospital appointments, this also results in the child or young person missing a lot of time in school. It is important to focus on more than one area of development; this is why children with physical disabilities may also have a special worker helping them with the school work they have missed, so they do not get too far behind. From working in a childcare setting I have become more aware of how development areas are interdependent and try my best to support children in all areas of learning and development, taking into account any difficulties they have when planning activities.

Friday, November 8, 2019

You Decide Virginia Pollard Essay Example

You Decide Virginia Pollard Essay Example You Decide Virginia Pollard Essay You Decide Virginia Pollard Essay You Decide Project Virginia Pollard worked as a cashier and clerk for Teddy Supplies, a family-owned chain of film production equipment supply stores in Pennsylvania and New Jersey. During a routine performance evaluation, Virginias supervisor at Teddys complained that she made too many personal phone calls when she worked in the West Orange store. The supervisor noted this on Virginias annual review, and warned her to keep personal calls to a bare minimum while at work. Soon thereafter, Teddy transferred Pollard to guard film equipment in the main warehouse behind the storefront; Virginia couldnt make personal calls there, and her work became exemplary. Her performance evaluation three months after her transfer was meeting expectations with no negative comments. Virginia Pollard was the only woman working in the warehouse, and she was often the victim of pranks perpetrated by her six male colleagues. Her co-workers taped her drawers shut, locked her out of the guard shack she sat in to watch the inventory, filled the guard shack with trash, and backed a forklift up to the door and made it backfire in her ear. One day a Teddy delivery driver sat in Pollards chair and, when she tried to push him out of it, he bent her over his lap and spanked her. Pollards new supervisor, Steve King, rarely enforced Teddys rules against smoking, horseplay, foul language, and sexual harassment, and often indulged in such behaviors himself. Teddys had a written sexual harassment policy which included a method for employees to report sexual harassment the method included filing a complaint with the direct supervisor unless the direct supervisor was the perpetrator. In that event, the employee was to file the complaint online at www. ReportTeddysafely. com. The form for reporting was a one page document. A copy of the policy which Virginia Pollard signed is located here. The policy specifically states, In the event of a violation of this policy, employees should report the violation to their direct supervisor, unless doing so would put the employee at risk of further discrimination or harassment. In that case, the employee should report using the company website form which will submit the incident to Human Resources. Pollard never filed a complaint with Steve King, her supervisor; she also did not file a complaint at the website, although she claimed she told King in July 2008 that she felt she was being picked on by the guys she worked with. She claims Steve King told her to grow some balls and to get over herself. She testified during the NJ Human Rights Commission hearing that she tried to file an anonymous complaint but the website wasnt working the day she tried to do so. In August of 2008, King and the other warehouse workers put a sign on a truck that read HARDHAT REQUIRED/BRA OPTIONAL. King and another employee called Pollard over to look at the sign and encouraged her to do as it said. She refused and tried to walk away. King promised not to report her to management, whereupon she lifted one side of her shirt in the back and exposed part of her bra on her backside. Upper management learned of the incident that October by a co-worker who filed an anonymous complaint online. After a brief investigation, Pollard was fired for exposing her bra. None of the men were disciplined. A man replaced Pollard in the guard shack. That November, Pollard filed a charge of sex discrimination with the New Jersey Commission on Human Rights. The Commission found that Pollard had been the victim of sex discrimination and that Teddys reasons for firing her were pretext, and awarded her back wages and damages. Teddys appealed to the circuit court, including in their case that Pollard had committed several infractions, including participating in the spanking incident. They reported that Pollard had failed to report any sexual harassment and included a copy of their sexual harassment policy as part of their defense case. The Circuit Court found that Teddy did have good reason to discipline Pollard but that firing her was in fact disparate treatment when compared with the utter lack of discipline given to King. The circuit court reversed the Commissions award of damages because it believed that Teddy had been right to discipline Pollard, but they ordered Teddys to reinstate Pollard to her old position. Pollard appealed to the New Jersey Court of Appeals and refused to accept her job back. Sexual Harassment Policy: Teddys Supplies Sexual Harassment Policy All employees of Teddys Supplies are required to read and follow this policy. This policy was implemented on January 1, 2002, and is in effect until further notice. Scope of Policy This policy prohibits any illegal discrimination or harassment of any employee by another employee, co-worker, supervisor, or vendor. All employees are entitled to a harassment and discrimination free environment. The company has a zero-tolerance policy with respect to harassment or discrimination. A safe work environment is the goal of Teddys Supplies. Responsibility and Reporting structure All employees are responsible for following this policy. In the event of a violation of this policy, employees should report the violation to their direct supervisor, unless doing so would put the employee at risk of further discrimination or harassment. In that case, the employee should report using the company website form which will submit the incident to Human Resources. Employees have the option of anonymously reporting incidents, but doing so does not provide the employee with any protection under the law. (Access the reporting form on the benefits page of the intranet. Behavior Banned All illegal, discriminatory, or harassing behavior is prohibited. Discipline invoked Employees found to violate this policy may be terminated, suspended from work without pay, or transferred. This document will be considered the warning in the event of termination. No other warning is required. In the event a suspension or transference is a result of a violation of this policy, any 2nd offense will be met with immediate dismissal. In the event a compla int against an employee is made, the employee will have the right of defense at a hearing prior to termination. This hearing will be held by the CEO and Director of HR, or by a committee created at their request or direction. No retaliation Employees will not be retaliated against making for valid complaints. In the event it is determined that an employee has filed a fraudulent complaint, this will be grounds for disciplinary action, including suspension without pay, transference or termination. Limitation period All complaints for violations of this policy must be made within 90 days of the occurrence of the behavior or they are waived under this policy. Signed: 2004 Virginia Pollard Date: 8-12- You Decide Question #1: Teddys Supplies CEO has asked you to advise him on the facts of the case, and your opinion of their potential liability. He wants to settle the case. Write a memo to him which states your view of whether the company is exposed to liability on all issues you feel are in play. Include in your memo any laws which apply and any precedential cases either for or against Teddys case which impact liability. Include in the memo your suggested offer of settlement to Virginia. Back up your offer using your analysis of the case against Teddys. (Points: 30) As an advisor, I would inform Teddys Supplies CEO the situation is Virginia Pollard, the only woman working in the warehouse, is filing charges against the company for sexual harassment. The fact of the matter is the employees in the warehouse are guilty of disparate treatment towards Virginia Pollard as warehouse workers put a sign on a truck that read HARDHAT REQUIRED/BRA OPTIONAL along with other discriminatory actions (pranks, spanking incident, etc. ). However, per the Sexual Harassment Policy implemented by the company, Virginia did not ever file sexual harassment complaints when given the opportunity to. As a conclusion, I believe Teddys Supplies as a company, is responsible for the hostile work environment created around Virginia Pollard; my advice would be to offer a settlement to Virginia Pollard in the amount of $5,000. I believe the $5,000 is a sufficient settlement because according to Burlington Industries v. Kimberly Ellerth case, I believe that Virginia Pollard was been a victim of a hostile work environment. You Decide Question #2: The Circuit Court overturned the decision of the NJ Human Rights Commission which had found that Pollard was the victim of Sexual Harassment and disparate treatment. Please answer these questions: A. Define sexual harassment, including both quid pro quo and hostile environment harassment. Which type(s) do you feel Pollard was a victim of (if either. ) Provide law or a case to support your position. If you feel Pollard was not a victim of harassment in this case, explain why you feel that way, and provide law or a case to support your position. (10 points) B. Name an appellate court case where an employer was found liable for either quid pro quo or hostile environment sexual harassment. Describe the facts of the case, and the decision the court came to in the case. Explain whether you think that case applies to Pollards case (why or why not) and whether you would want to use this case in Teddys favor or whether Pollard may use it in her favor. Include the citation to the case and a link to it online. (10 points) C. Do you agree that Pollard was disparately treated? Why or why not? In your answer, define disparate treatment. 10 points. ) D. Does the existence of a sexual harassment policy provide a defense to Teddys in this case? Why or why not? (Include the name and citation of at least two federal or state sexual harassment case(s) which provide precedential support to your defense statement. ) (10 points. ) (Points: 40) A) Sexual harassment is the act of inappropriate actions insinuating sexual conduct. The two types of sexual harassmen t are quid pro quo and hostile work environment. Quid pro quo is the action of getting something for giving something of value. Hostile work environment is when an employer engages in inappropriate behavior making the working place not up to reasonable standard. According to Burlington Industries v. Kimberly Ellerth, I believe that Virginia Pollard was a victim of a hostile work environment. In this case the Supreme Court ruled that workers can still bring sexual harassment cases against employers even if the harassment is not reported. B) A court case when the employer was found liable for sexual harassment is the Burlington Industries v. Kimberly Ellerth. In this case, Kimberly described her experiences at work as feeling humiliated and embarrassed. Kimberly also claimed to be an emotional and mental victim of sexual harassment by her supervisor but never reported the incidents to anyone at work. This case applies to Virginia Pollards case and I would want to use this case in her favor because she has been the victim to humiliation when her coworker bent her over his lap and spanked her. This case applies directly to Virginia Pollard because even though she never filed a complaint with her supervisor Steve King, nor did she file a complaint at the website online, she can still bring sexual harassment cases against employers even if the harassment is not reported. law. cornell. edu/supct/html/97-569. ZO. html) C) I do agree that Pollard was disparately treated. Disparate treatment is mistreatment of employees differently because of their membership in a certain protected class (Race, Color, Religion, National Origin, Sex). In this case, Pollards employees treated her with discriminatory conduct because she was the only woman wor king in the warehouse when the sign posted on a truck read HARDHAT REQUIRED/BRA OPTIONAL. This sign discriminated Virginia Pollard because she was the only woman in the warehouse amongst six other employees. D) The existence of sexual harassment policy does not provide a defense to Teddys in this case. Even though Teddys policy provides the opportunity for employees to report misconduct, it does not dismiss the employer from being liable for conduct of employees. Two cases that support this are the Burlington Industries v. Ellerth case and Burrell v. Star Nursery, Inc. Both of these cases state that the employer must be liable for the sexual harassing conduct of their supervisors even if they neither knew nor should have known that the misconduct was occurring. You Decide Question #3: Review the sexual harassment policy which Teddys has in place and which Virginia Pollard signed. Virginia Pollard claims she had planned to make an anonymous complaint but the website allowing that was down on the day she tried to do so. During the Human Rights Commission case, a review of the website statistics shows that Virginia accessed the website for downloading dental coverage forms at least three times during the time frame of the alleged discrimination. The commission determined that this ability of Teddys to track employees use of the site was a violation of their anonymity and therefore, refused to consider this information. The circuit court did consider this in their decision. Provide three recommendations to the CEO for a way to ensure that employees in the future can not claim technical issues for why they didnt make a complaint. Explain, in your recommendations, the legal consequences to an employee if they do not utilize the complaint mechanism of the sexual harassment policy. Support these recommendations with current case law. (Points: 20) Three recommendations I would make to the CEO of Teddys to ensure that employees in the future could not claim technical issues for why they didnt make a complaint would be providing alternative options in reporting this matter. The three recommendations I would give to the CEO of Teddys would be: 1) Create a drop box/1-800 number/multiple parties employees could contact in order to file their complaints into so anonymity still existed. The legal consequence to an employee for not utilizing the complaint mechanisms would be negligence. The addition of the additional options juxtaposed with the existing online reporting option gives each employee an additional opportunity to report any sexual harassment cases at the workplace or at home. Similar to Brenneman v. Famous Daves of America, the legal consequence to the employee for not reporting events of sexual harassment would be the employer being able to defend themselves from sexual harassment allegations having given the employee almost any opportunity to report this misconduct. ) Implement a periodic harassment training to supervisors and employees to ensure that they know and remember that they must take the appropriate action to avoid sexual harassment law suits. By training the employees and supervisors of this sexual harassment periodically, it constantly reminds them of the differences of appropriate and inappropriate behavior and what actions to take in the i nstances of misconduct. In addition to the training, prompt and swift implementation for correction action must be taken to those found guilty of misconduct. Moreover, due to Suders v. Pennsylvania State Police employers should also train their supervisors to know that the burden of proof dismissing them from any liability is also their responsibility in the case a sexual harassment suit. 3) Become more involved in every aspect of the company. Spend time with each department within the company to exercise reasonable care to prevent or correct any harassing behavior. By doing this, the employer may then claim affirmative defense because a) the company has an effective internal complaint procedure for reporting incidents of workplace harassment, and (b) the employee unreasonably failed to take advantage of that procedure. Upon any misconduct, the legal consequence for the employee not reporting the misconduct would be the employer using affirmative defense to his advantage. You Decide Question #4: How would Pollards case be impacted if her replacement had been a female? Would her case be different? Would her damages be different? Explain your answer. (Points: 10) Pollards case could be viewed differently if Pollards replacement had been a female, because Teddys had initially fired her for exposing her bra. If Pollard had been replaced by another woman, I dont think it would be viewed as disparate treatment because it would have been just seen as personal misconduct. In addition, if Pollards replacement had been a woman, the Circuit Court may have supported Teddys discipline to Pollard and still reversed the Commissions award of damages because it believed that Teddy had been right to discipline Pollard.

Wednesday, November 6, 2019

Logistics Behind the Scenes of this Growing Job Sector

Logistics Behind the Scenes of this Growing Job Sector Moving products from a supplier to customers is the job of a logistician. In today’s global economy, it is important for trained individuals to move goods expeditiously. Without experienced logisticians at the helm, a global economy may falter. Understanding logistics will make it clear why jobs in this sector are plentiful and well compensated. What Do Logisticians Do?Individuals who work in logistics have many different jobs. They may work in a warehouse, loading dock, or distribution center. As goods arrive from a supplier, the items need to be transported to retailers and, ultimately, customers.  Some logistic specialists monitor the path a product takes to reach its destination, surveying the company’s cost and transit time. However, logisticians not only handle raw material and supplies. They can  also make sure that response teams are available when a natural disaster strikes. Military logisticians make sure that troops have essential supplies.Job Growth in L ogisticsAccording to the Bureau of Labor Statistics, job growth in this field is burgeoning and growth is expected to be at about 22 percent from 2012 to 2022. The sector is growing at such a fast rate because of  the amount of goods that must be transported each day. The amount of freight has grown by 20 percent in the last ten years and is expected to expand another 65 percent by 2020. This enormous growth means that more jobs will be available.Training for LogisticiansA bachelor’s degree is needed for most managerial jobs, although an associate’s degree may be required for some. Training is usually done on the job. Frequently, hiring for positions happens from within a company in logistics. This enables you to work your way up and, according to Supply Chain Digital, promotions are frequent for those with a solid work ethic.Training may begin in the armed services, where jobs in supply are plentiful. After your term of service is finished, getting a job in logistic s is not difficult.Salary for LogisticiansThe salary logisticians receive can vary, depending  on whether they work in a metropolitan area or a rural one. The profession’s  average salary was $73,400 in 2013- salaries ranged from $46,120 to  $112,750. Houston, the District of Columbia, and San Jose held the top paying positions.  The highest-paying industries in the profession were  for gas and oil extraction and coal and petroleum manufacturing.In addition, getting a well-paying job internationally may be possible with a background in logistics.Finding Work in LogisticsDue to the expanding nature of jobs in logistics, looking at job search sites online is the best way to find an opening. Searching manually may be time consuming. TheJobNetwork offers a comprehensive way to find employment. It is free to join and offers you the ability to let the platform work for you. By providing information about the position you want and listing your qualifications, TheJobNetwork searches for new opportunities 24/7 that match your criteria. Once a job is located, an email is sent to notify you. Finding the job you want, where you want and at the salary you need is convenient with TheJobNetwork.

Monday, November 4, 2019

The federalist paper #51 and American Politics Essay

The federalist paper #51 and American Politics - Essay Example The political system was proposed to constitute the Office of Federal President, Office of the Federal Vice President and Congress made up of Senates and House of Representatives. Powers were divided across the political system to hinder one level of the political system to make decisions without others’ approval and consent. Government system was also divided to comprise executive, legislature and judiciary. Now, to avoid over allegiance of judiciary to the executive, Federal paper #51 provided room for public to elect the qualified Federal judges in all states of America. Also, to avoid dependence and subjection of the judges by the mercies of the public, not all citizens were allowed to vote but just a section of the members of a state. According to Janda and Goldman, Judges were also set to serve under permanent basis upon successful election to the judiciary (34). Federal paper #51 also ensured that members of particular branch of government depended on other branches for compensation, and this was destined to introduce some degree of independence on the operations of the arms of government. Federalist paper #51 made it difficult up to date for any arm of government to perform functions or exercise powers outside the constitution framing. To enhance this, the Federalist paper#51 ensured that the constitution gives each branch of government tools and personal momentum to avert usurpation of power by the other (Janda, Goldman and Hula 10). The Federalist paper #51 also defined the role of government to the people of the US and vice versa. In the paper, government reflected the image of the nation and was obligated to respect human rights. Citizens were also set to obey the government and for this reason, security measures were set to protect the government from maltreating the citizens and later from mishandling or subjugating the government. This is the main reason why the American government does not make decisions that deteriorate human rights and that the public will also have no direct liberty to seek for the impeachment of executive thought to underperform (Janda and Goldman 6). The Federalist paper #51 provided the way to shape the American government as it gave balanced constitutional powers to all levels of the government and ensured that every action by the members of a given level fully reflect the interest of the public. Every level of government was also given the opportunity to dispute actions of members at the other levels in case the actions go against public interest. Executive has powers to censure judiciary but will only succeed upon justification by the legislature (Janda and Goldman 18). Legislature also has certain powers to present and pass bills but the success must rely on the Presidential signature with thorough speculation of the public interest. In order to protect the executive from the immense mercy of the legislature, Federalist paper #51 proposed for the division of the congress into Senate and Ho use of Representatives. Decisions or bill made by either divisions of the Congress relied on the approval of the other division before being forwarded to the president. However, the paper also provided circumstances where the Senate could work directly with the executive without necessarily seeking the participation

Saturday, November 2, 2019

Administrative Challenges Employers can expect with Current Health Research Paper

Administrative Challenges Employers can expect with Current Health Exchanges - Research Paper Example Heath exchanges are significantly important despite the cost and implementation challenges. Despite the positive contributions of the health exchange, employers face administrative challenges including training needs for employees, cost control challenges, compliance complexity and procedural difficulties. Employers need to train their employees on how to use the health exchange marketplace to suit the health insurance needs of their families, including how to use the price calculator to determine the amount of subsidies (HealthCare.gov, 2015). Employers also expect cost control challenges because the healthcare exchange will require them to provide medical benefits and attempt to reduce the cost burden associated with the current health exchange (Kingsdale & Bertko, 2015).Complying with the health exchange is also complex for employers because they need to monitor their health insurance plan to ensure that they achieve compliance with minimum standards of the health exchange (Pauly and Herring, 2007). The procedure for obtaining coverage for several employees through the health exchange marketplace is also challenging because it takes time and may be costly. Employers can, therefore, expect several challenges with the current health exchange including training needs for employees, cost control challenges, compliance complexity, and procedural difficulties. These challenges are experienced because the health exchange brings new methods of complying with insurance requirements for employees. The implementation of the Affordable Care Act continues to burden the administration of employees’ processes for a greater part of employers. In fact, the likelihood of the Supreme Court to uphold a ruling by a lower court opposing the legitimacy of the federal marketplaces is taking the place of state managed. According to Sally Doubet King and James McEllgot, who have a partnership at McGuire Woods LLP,