...The issue presented is whether Josephine Spano was operation her vehicle. Operating while intoxicated (“OWI”) is defined by Ind. Code § 9-30-5-2, which states, “A person who operates a vehicle while intoxicated commits a Class C misdemeanor.” Ind. Code 9-13-2-118 defines “operator” as a person who drives or is in actual control of a motor vehicle upon a highway. To determine whether or not a person was operating a vehicle courts use the Hiegel test. This four pronged test determines whether a person operated or was in actual physical control of a motor vehicle including: (1) whether or not the person in the vehicle was asleep or awake; (2) whether or not the motor was running; (3) the location of the vehicle and all of the circumstances...
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...I. Background II. Executive Summary III. Scope IV. Approach V. Findings VI. Summary VII. Impact Background: The fraud examination was conducted after John Spano failed to provide the money that he owed to John Pickett for the purchase of the New York Islanders. John Spano had given John Pickett $80 million of the $165 million deal. The $80 million had been through a loan that John Spano had secured through Fleet Bank. Spano was to give Pickett $16.8 million as the first installment of the deal, which never arrived. The NHL than called upon a team of examiners to audit and research John Spano’s true net worth and to figure out where his money is. When the fraud examiners started to conduct their examination they discovered quite quickly how much Spano had lied about his true net worth. Executive Summary: The actions that were performed during the fraud examination was to get to the bottom of John Spano’s web of lies and to figure out where the money that he still owed was. John Spano had claimed to have had money in a trust from the Lloyds Bank in London and was going to have money wire transferred to John Pickett. He had also had fraudulent letters from Lloyds claiming that he did indeed have this trust fund. The actions were pretty simple in this investigation. They were to look at John Spano’s bank accounts and to investigate how much money he truly had. He had claimed to be a wealthy businessman, who was able...
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...It is well known that the social work profession is value-based, that is, professional values in mind should accompany everything social workers do. Yet the argument here is whose values should determine what is right and what is wrong anyway? This query becomes particularly important, when some people of the social work profession expect others to apply “Western” social work Code of Ethics and values to other cultures and societies such as the Middle East or Arab world, without taking into consideration the Arab social worker different perspectives of what is right and what is wrong? Examples of such people are the authors of a journal titled “What is Sacred When Personal and Professional Values Collide?” Written by Richard Spano, Ph.D., Associate Professor and Terry Koenig, Ph.D., Assistant Professor at University of Kansas, School of Social Welfare. As for the development of social work in the Arab world, Ragab (1995, cited in Al-Krenawi, and Graham, 2003) maps out the historical progress of social work as a profession in the Arab world as a product of both French and British colonialism. According to Al-Krenawi and Graham (2003), Egypt played a significant and influential role in the development and expansion of the social work profession in the Middle East and Arab world. In 1935, Egypt became the receiver of the American model of social work education and practice. Beginning in the 1960s, other Arab countries designed and implemented their own social work education...
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...there was a road closure sign, Jim did not see it which ultimately resulted in him driving right into the dynamiting zone and Jim suffered severe injuries from falling rock. While, Melissa, the defendant in this case and owner of “Gravel Is Us”, argues that she cannot be held liable for negligence, we will push to show she should be held liable for Jim’s injuries sustained by the falling rock under the theory of Strict Liability. Because blasting is an abnormally dangerous activity, public policy requires that the cost of the damage resulting to innocent parties be borne by those undertaking the blasting, even when they have not behaved negligently (was there negligence?). This rule of law comes from Spano v Perini Corp., 31 A.D.2d 788 in the Supreme Court of New York. In Spano v Perini Corp it states that the majority of American Jurisdictions hold blasters absolutely liable. Ohio being one of those jurisdictions. Bring Ohio case law A court will therefore likely rule that Melissa will be held liable for Strict Liability. Bring multiple case law. Discuss repondeat...
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...Cand. Merc. IMM INTERNATIONAL MARKETING AND MANAGEMENT “Is there an optimal strategic approach in gaining superior financial performance in a hypercompetitive environment?” Topic no. 2 Authors: Kristofer Edholm Alexandra Johansen Advisor: Magdalena Dobrajska Date of Hand-in: 19/12 – 2012 “IS THERE AN OPTIMAL STRATEGIC APPROACH IN GAINING SUPERIOR FINANCIAL PERFORMANCE IN A HYPERCOMPETITIVE ENVIRONMENT?” ABSTRACT Hypercompetition has made competition more aggressive, and effective strategies have become vital in order for companies to remain competitive in the vigorous marketplace. The paper will study the two most commonly used theories within strategic planning, the Industrial Analysis and the Resource-Based View, to see which is more effective in order to increase financial performance in a hypercompetitive environment. The paper will first look at the overall effect of hypercompetition on the marketplace. Secondly, the Industrial Analysis effect on financial performance in hypercompetition will be examined, and thirdly, the effect the Resource-Based View has on financial performance considering hypercompetitive challenges. Finally, the paper ends by concluding that a strategy based on RBV will have greater effect on financial performance in a hypercompetitive environment, which suggests that managers' should spend more resources concerning companies' internal environment than the external in order to increase their return on investments. 2 INTRODUCTION ...
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...There are many issues around eating healthy such as the cost of healthy foods, taste i.e. good versus bad, or the availability or access, or weight control (van Kleef’, Otten, and van Trijp, 2012). Examples of unhealthy dietary patterns that have become increasingly prevalent include irregular meals and frequent unhealthy snacks dominating eating habits (Spanos & Hankey, 2009). The importance of a healthy lifestyle and well-being are receiving an increasing amount of attention and Phoenix and Winnie (2009) noted that The World Health Organization estimated that 50.8% of deaths are attributed to diseases closely related to unhealthy lifestyles. Social and cultural aspects of people’s food choices that involve their attitudes and motives behind their food choice have been recognized as important factors (Fjellstrom, 2004). This has important health implications for health care costs, and important effects on productivity and quality of life (Phoenix, 2009). Research Question Do the students of Cohort 23 have perceived healthy attitudes, behaviors, and meal patterns that contribute to well-being? Definition of Terms Spanos & Hankey (2009) define meal patterns or eating patterns as frequency of consumption of breakfast, lunch and dinner by a person or a group of people....
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...xxxxxx 05/20/2010 COM/220 Karen Moninger The life of a seven-year old girl tragically ends at the hands of a young boy. The court convicted Lionel Tate of first degree murder for beating the 48-pound girl, and sentenced him to life in prison. This punishment was a rather harsh judgment many in the community argue against today. Instead of incarcerating him for life, what other options are available? As teen violence continues to plague the nation, many people wonder if rehabilitation is an effective method for deterring future occurrences. Twelve-year old Lionel Tate took the life of a young girl named Tiffany Eunick. Lionel’s mother, a Florida Highway Patrol officer, was sleeping upstairs though she was responsible for babysitting Tiffany. The mother left the children watching television and playing together downstairs unattended. During horse play, Lionel begins to re-enact moves he saw watching wrestling. The 160-pound boy was responsible for cuts, bruises, fractured skull, lacerated liver, broken ribs and internal hemorrhaging on young Tiffany Eunick. Certainly the parents of the deceased child will want to see justice served for the loss of their loved one. Stories surface daily about a teen committing some sort of crime. A heart wrenching reality that many people will either themselves face, or know someone who has or will experience. The epidemic of teen violence is rapidly increasing; Statistics say youth under the age of 18 were arrested for nearly...
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...Her therapist, Cornelia Wilbur, instigated multiple personalities and claimed she must have been mistreated as an adolescent. Records of the therapy sessions with Wilbur undoubtedly illustrate that this account was forced on Mason, who may perhaps have been prepared to agree with it for the reason that her connection with her therapist was the most significant one in her lifetime (Paris, 2012). The challengers of DID as a true diagnosis propose that the media swayed the judgment of a minor percentage of the mental health community members, thereby unintentionally encouraging the manifestation of these alters, and the existence of DID presented by the patient. Spanos (1994) puts forward that those with DID are essentially playing a role, using the excuse of a disorder to disguise their own supposed character faults. Spanos, furthermore, advocates that DID is a creation of popular modern-day North America, comparable to prevalent historical religious structures of possession, demonology, and exorcism (Traub, 2009). Iatrogenic, Traumagenic, & Pseudogenic DID Iatrogenic The iatrogenic supporters proclaim that DID is contrived through psychotherapeutic treatment, frequently going hand in hand with the formation of false recollections and the formation of single and distinct identities. The iatrogenic position includes reference to recollections of an upsetting past, but it claims that these are produced during psychotherapy, in comparison the traumagenic view is grounded on the traumatic...
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...FRAZIER v. CUPP, (1969) During the interrogation, police falsely informed Frazier that Rawls had already confessed and implicated him in the murder Frazier denied any involvement in the crime, and suggested speaking with an attorney, but police continued to question him. Police elicited a confession, which was used against him at trial. The defense argued Frazier was denied his Sixth Amendment right to cross-examine the prosecution's witness because Rawls refused to answer questions after the prosecution referenced elements from his prior statements to police. The defense claimed, under Escobedo v. Illinois and Miranda v. Arizona, that he had not been given his lawyer. He was interrogated further and later confessed. They argued that the confession...
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...What is hypnosis? Aileen McCartney Hypnotherapy and Counselling Skills – Year One - Module One MAIDS1A 12 Word Count: 1984 Tutor: Karen Martin Hypnosis is a well known subject to most people, very often through the drama of the stage or television hypnotist. However, the hypnotic trance is a natural phenomenon that most people will have experienced personally, whether aware of it at the time or not. An example of this might be driving a car along a regular route and arriving at the destination with no memory of the journey, having performed the activity safely and reliably while in another sense being quite detached from the experience. This altered level of consciousness is the starting point for the hypnotic process through an induction which focuses on relaxation, inner experiences, feelings and imagery (Heap & Naish, 2012: 7). It is generally accepted that hypnosis is a different experience to that of being awake or being asleep but debate remains over its true nature within academic and scientific circles (Karle & Boys, 2010:14). This essay will discuss the nature of hypnosis, focusing on the psychological and physical aspects while touching on the role of relaxation. Hypnosis is a complex psychological phenomenon and one which is difficult to find an agreed definition for. Indeed the American Psychological Association definition of hypnosis in 2003 is almost 300 words long but centres around hypnosis being a procedure of suggestions where...
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...What is Hypnosis? Throughout history there have been, and are still many different perspectives and opinions of what is hypnosis, its uses and functions. In order to clearly understand what hypnosis is, one must look firstly into the history of hypnosis and the different concepts which have emerged over the years, from as early as 50,000AD to the modern day, throughout different cultures. After looking at the history of hypnosis, it will go on to describe the psychological and physical aspects of hypnosis, giving reference to Beta, Alpha, Theta, and Delta waves, the four different brain waves, indicating an individuals mental state, which brain waves comes in to play during hypnosis and its relevance. Graham Wicks’ (1985 Toronto’s Annual International Society of Hypnosis convention) condensed concepts from previous various writers’ concepts, The multistate phenomenon, five states of hypnotic features, will be addressed, (Karle & Boys) as will Edmond Jacobson (1929) on the effects of muscle contractions between patients and the benefits of relaxation leading to the role of relaxation in hypnotherapy today and the use of progressive muscle relaxation techniques. Hypnosis goes back thousands of years to the Greeks and Egyptians. They used to put people in a trance-like state, to bring on dreams, so they could help with peoples problems. Hypnosis was also found amongst Shaman’s, which were also known as ‘witchdoctors’. Shamans were strongly focussed with a powerful process...
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...2 INTERNATIONAL CONFERENCE ON BUSINESS AND ECONOMIC RESEARCH (2 ICBER 2011) PROCEEDING nd nd THE APPLICATION OF COST, DIFFERENTIATION AND HYBRID STRATEGY IN BUSINESS OPERATIONS: WILL HYBRID STRATEGY BECOME THE NEW COMPETITIVE STRATEGY? Mas Bambang Baroto, 2Muhammad Madi Bin Abdullah International Business School (IBS), Universiti Teknologi Malaysia International Campus, Kuala Lumpur, Malaysia E-mail: 1mbbaroto@ic.utm.my (Corresponding Author), 2muhdmadi@ic.utm.my 1 ABSTRACT Both strategic management researchers and practitioners have realized the importance of the cost, differentiation and combination strategies for effective organizational performance and excellence. Recently, many large business companies in different part of the world have been applying both strategies (hybrid strategy) at the same time, rather than applying a single strategy at one period of time. The implementations of those three strategies are commonly used by the big giant companies where their business operations level is ranging from domestic, regional, international and global. Thus, the principal aim of this paper is to explore the application of these three strategies (cost strategy, differentiation strategy, and hybrid strategy) in various business companies. Keywords: Cost leadership strategy, differentiation strategy, single strategy, hybrid strategy INTRODUCTION In the competitive market, certain industries are having very heavy competitive rivalry among the company players. The...
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... Overcoming Challenges to Conducting Online Surveys Jiali Ye Georgia State University, USA Chapter VIII AbstRAct The widespread use of personal computers in the work place and at home has created a new opportunity of conducting research. With the increasing accessibility of the Internet and e-mail, using the new medium to distribute surveys is gaining popularity among researchers. The online survey, however, is a “double-edged sword,” with the ability to access a large number of respondents at low costs, but the risk of increasing difficulties to evaluate the quality of the research (Couper, 2000). Concerns over response rates, sampling, and controlling the data collection environment have posed serious challenges to online survey researchers. The purpose of the present chapter is to offer suggestions for addressing these concerns. After a brief discussion on the formats of online surveys, the author will outline the challenges of conducting online surveys, and provide some strategies to overcome these challenges. IntRoductIon formats of online surveys Internet-based research may appear in various forms, but generally there are two formats for online surveys: e-mail surveys and Web-based surveys. E-mail surveys. According to Bachmann, Elfrink, and Vazzana (1996), e-mail questionnaires appeared almost simultaneously with the introduction of e-mail. E-mail surveys used to be restricted to population samples from within a company or a university. With the increasing...
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...into their respective buses and the buses were directed to a low water crossing. While most of the buses managed to make it across, one bus from the Seagoville Road Baptist Church/Balch Springs Christian Academy in the Dallas suburb of Balch Springs was swept away. In the summer of 1988, near the edge of the river and at the foot of the driveway to the Pot O' Gold Ranch, a memorial plaque was dedicated to the children who died as well as those who survived. On April 18, 1989, the story of the deaths and rescues was aired on the pilot episode of Rescue 911 and in 1993 was made into a television movie called The Flood: Who Will Save Our Children?. The film followed the experiences of some of the children and their families, and starred Joe Spano (NCIS) as Reverend Richard Koons. Recreation Recreation on the river, which included canoeing, inner-tubing, kayaking, fishing as well as water parks and the facilities available at Canyon Lake and Guadalupe River State Park, attracted large numbers of people to the vicinity and contributed heavily to the area's economy. Sections of the upper and middle reaches of the river are suitable for canoeing, but a number of small waterfalls prevent uninterrupted navigation of the entire river. Fly fishing for rainbow and brown trout below Canyon Lake is extremely popular along the entire river, anglers can catch Guadalupe bass, largemouth bass, smallmouth bass, Rio Grande cichlid, striped bass and white bass. Tailrace fishing is also common below...
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...too hard to differentiate DID from other Dissociative Disorders. However, the tests and diagnostic tools used to identify DID easily differentiate it from other disorders (Dorahy, et al., 2014, pp. 402-417). This is seen in both DID and DDNOS. The symptoms associated with DID are very distinctive from other kinds of dissociative disorders (Putnam et al., 1996; Rodewald et al., 2011a as cited in Dorahy, et al., 2014, pp. 402-417). Additionally, those who do not believe in DID, believe that this is due to professionals being able to manipulate their patients into thinking and feeling certain emotions. This means the main concern, is that professionals can effectively coax a patient into believing they have DID when in reality they do not (Spanos et al., 1994 pp 143-165). This belief is often thought to be brought on through hypnosis, and shaping from a therapist (Cormier et al., 1998 pp. 163-167). This ideology however, that a therapist can persuade a patient into believe they have DID is unethical in nature. ...
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