...Asylum Case Date: April 21, 2013 CITATION Gonzalez v. Reno, 86 F. Supp. 2d 1167 (S.D. Fla. 2000) FACTS The parties of this case are Elian Gonzalez with Lazaro Gonzalez and Attorney General Janet Reno. Six-year-old Cuban national Elian Gonzalez, on November 25, 1999, was rescued by two Miami anglers who found him floating on an inner tube several miles off Fort Lauderdale. Elian was transferred to a United States Coast Guard vessel so he could be transported to a nearby hospital for treatment for dehydration and hypothermia. Elian's mother, Elisabeth Brotons, drowned during the voyage from Cuba. The INS temporarily paroled him into the care of Lazaro Gonzalez, his great uncle, in Miami. On January 19, 2000, Lazaro Gonzalez, instituted alternatively as interim temporary legal custodian, of Elian Gonzalez, a six-year-old child, against the Attorney General, the Commissioner of the Immigration and Naturalization Service ("INS"), and other federal defendants. The complaint challenged the INS's refusal to accept and adjudicate two asylum applications that Lazaro submitted with respect to Elian and an essentially identical application that bore Elian’s signature. PROCEDUAL HISTORY On January 27, 2000, the government filed a motion to dismiss or, in the alternative, for summary judgment. The district court heard oral argument on the government's motion on March 9, 2000. On March 21, 2000, the district court granted the government's motion to dismiss or for summary judgment...
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...Analysis of Jane’s Condition Jane Vuong, a 24 year old Vietnamese undergraduate student was admitted into the hospital Emergency Department presenting with anxiety, difficulty speaking, breathing and dusky lips following severe chest tightness during an exercise session at the local martial arts school. On examination she had a wheezing sound when breathing. She has no history of asthma but says she has some allergies which she treats with herbs. Her colleague who brought her to the emergency room also claims that Jane has recently had difficulty breathing while taking the stairs up to the martial arts studio and she no longer rides her bicycle to the studio. Jane is in her second year at the local University where she is studying cellular biology. Jane is a bright student who studies a lot and also works part time in the Universities’ research center which gives her extra cash. She admits that she has been having a dry cough for some months which she associated with allergies. She also relates her inability to ride her bike to her allergies. Jane smokes at least one packet of cigarettes on a daily basis, and during assessment appears to be in the pre-contemplation stage. Jane had six months earlier tested positive for hepatitis B. This surprised her a lot because she was asymptomatic. Though she denies drug use, she admits to having multiple sexual partners. She does not want to be in a long-term relationship because she claims it could complicate her life. She also admits...
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...Problem The problem in this case is that Marie did not acquire Jane’s inherited referent power, which is triggering conflict among colleagues resulting in negative side effects. ● The two senior secretaries developed and shared similar values, accepting Marie’s work ethic and job responsibilities was a struggle for them and is leading to strained relationships. ● Jane’s influence was so strong that after a few weeks they actually had an exorcism. Due to Jane being held to such high esteem, Marie’s stature and position are constantly under fire. ● The staff thinks Marie should stay in reading and writing all day instead of attending meetings because that was more in line with Jane’s role. Therefore, conflict surrounding how Marie is spending her time is occurring. ● When Marie wanted to correct an ethical mistake regarding her schooling that Chuck had dictated, because of Theresa’s personal perceptions she became very upset and saw it as burning a bridge. ● Maria unfairly complained to Chuck about Marie because there was a jurisdictional dispute between the two of them about missing a deadline. Solution The solution to the problem we have identified is to eliminate the negative impacts of conflict between Marie and colleagues by restructuring interdependence by clarifying existing relationships. ● By communicating openly about Marie’s position and expectations, a difference between Jane and Marie’s positions can be established and understood by the entire workforce...
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...Memo To: John and Jane Smith From: Desiree Looft, CPA Date: September 24, 2011 Subject: Explanation of tax benefits and liabilities for business and personal. 1(a) As a result of a recent court settlement for a client John earned $300,000 for his law practice LLC. He wants to minimize his tax liability and understand how the IRS will treat this money earned. He lease’s office space for $3,500 per month. He wants to know the advantages in leasing office space versus purchasing the building. John has income derived from a business and as such the gross income will be taxable. (Code §1.61-3(a)) This total amount of taxable income will pass through to his personal taxes since he has an LLC, meaning he will be subject to self employment tax. ( ) He will get a break on the self employment tax since he will get a deduction from gross income for half of the self employment tax liability. John currently has a lease payment that provides him a deduction of $42,000 per year. (Code §162(a)) He is allowed this deduction since this lease is required to be made in order for his business to continue and he has not title or equity in the building. If purchases the building he will no longer have this deduction because capital purchases are not allowed for any expenditure for new buildings or to improve property. (Code §263) John and Jane could establish traditional IRA’s and make contributions up to $5,000 each. Even though Jane has a minimal income John is allowed to establish...
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...the expenses are reasonable and that they are necessary for the performance of the business activity. Once the applicable deductions and credits (including any Net Operating Loss carry forward amounts) have been realized from a tax perspective at the business level the Net Income from the business will flow through to the personal income level where it will be taxed at the marginal tax rate of the individual. Summary: The $300,000 will be reported as gross income for the business LLC (IRS Regulation 1.61-3(a)), which will then be reduced by the appropriate Cost of Goods Sold and any applicable Tax Credits (IRS Code Sections 62, 162 and 212). At that point the Net Income from the business will flow through to the personal level where it will be taxed according to the personal tax rate of the individual. 1(b) How is the $25,000 treated for purposes of Federal Income Tax? According to IRS Code Section 162(a) expenses must be deducted in the year that they are incurred or paid depending on whether the taxpayer is of cash or accrual method. In this case we are making the assumption...
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...MGMT 20027 Internet and Electronic Marketing Assessment Item1 Written Assessment Web Case Study: Facebook and small business Executive Summary As social media has grown, the amount of virtual communities (VC) and consumer-generated contents have increased and established its power. This provided marketers so many opportunities and advantages to convey their marketing survey or to plan and implement marketing strategies. However, due to enormous amount of data and various possibilities to use this marketing tool, it has become great mystery for some businesses how they can use it wisely. Issues can be seen when some marketers cannot make appropriate decisions related to its purpose of marketing campaign or core values of the businesses. Hence, This report examines how companies use this one of the most powerful social media, Facebook with a case study of an apparel company, Lorna Jane. This company has succussed operating their Facebook page since they commit to make efforts to engage with their customers rather than push to sell their products too much. This paper reveals their effective strategies such as: • To appeal their cultural side or their company messages to invite consumers’ agreement and enhance its community. • To respond to customers action on Facebook on real time when needed so that they will not miss the opportunity to increase customers interactions. • To encourage consumers to be actively involved in their...
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...Zach Arsenault January 12, 2016 BA 327 Case 10 Summary: David Hannigan began as a line manager at a subsidiary of Emperor Corp., a manufacturer of automobile parts. David quickly moved into management after displaying his skills of maintaining efficiency, leadership, and his friendships with the factory workers. David was caring and empathetic towards his employees and everyone respected him. He made them feel like their contributions mattered and pushed them to work hard. Shooting up through the ranks David was promoted to Director of Personnel after the previous employee retired. No one in the history of they company moved up so quickly. He received recognition from the CEO. David had goals of getting a high level job at corporate in Chicago in a few years. David was out to lunch with the vice principal, Stan, and other key personnel. Stan praised everyone for their success, but explained that in order to gain more profit and give bigger bonuses they need to move towards more automation. Jane, from accounting explained how this would not be profitable in this facility. David expressed his concern: they are the largest source of employment in their town and hundreds of people would lose their jobs. Stan thinks that being able to show proof in records and numbers that the town would be okay with the switch. Jane spoke up again saying that the analyses run on this plant, show it would benefit more staying as is. Stan requested Jane to fix her estimated numbers and...
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...find things that are different. Piece of cake, right? There’s a catch, however. It is up to you to argue why those similarities and differences matter; otherwise, you don’t have much of a paper. The following steps will guide you through the process of writing an effective compare-and-contrast essay that actually has something valuable to say. 1) So they’re alike and they’re different. So what? A good paper will not simply offer a summary of themes, characters, or plot. Your job is to think about how these comparisons and contrasts create meaningful connections to a larger issue. 2) Create an effective thesis statement. Again, you need to say why the comparison and contrast is worthy of note. Let’s say you want to compare and contrast the heroines of Pride and Prejudice and Jane Eyre. Your thesis might be this: “Although Elizabeth Bennet and Jane Eyre are very different on the outside, their shared internal values connects them in literary history and in the fight for women’s rights.” Now you have a reason for your efforts and a compelling case for your audience’s attention. 3) Select a pattern. There are two ways you can write a compare-and-contrast paper. You can present your arguments in a "tandem" pattern or an "alternating" pattern. Tandem. Separate your pros and cons into two camps. For example, if you are comparing Jane Austen’s Elizabeth in Pride and Prejudice to the heroine of Charlotte Brontë’s Jane Eyre, you would list all the ways in which the protagonists...
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...Below is a much briefer summary of the case study of Eve The aim of this case study was to provide an account of the treatment of a 25-year-old woman who was referred to Thigpen and Cleckley because of 'severe and blinding headaches'. The psychiatrists used a case study method. This consisted of interviews with the patient and her family, hypnosis, observation, EEG tests and a number of psychometric and projective tests including, memory tests, ink blot tests and intelligence tests. The patient (referred to as Eve White in the study) had been referred for therapy to one of the authors because of ‘severe and blinding headaches’. At the first interview she also complained of ‘‘blackouts’’ following her headaches. However they were puzzled that Eve White had no memory of a recent trip. The therapists used hypnosis and the amnesia was cleared. Several days after a visit to the therapists, a letter from Eve White appeared at the therapists’ office. The letter concerned her therapy and was written in her usual handwriting, but at the bottom of the page there was a paragraph that looked like a child had written it. On her next visit Eve White denied sending the letter, though she recalled having begun one, which she never finished and thought she had destroyed. During the interview, Eve White who was normally very self-controlled became distressed and asked whether hearing an occasional imaginary voice made her insane. She reported that she had on several occasions over the...
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...Mike Wilson Xiaotang Wang 11/23/15 Segregation of Duties Segregation of duties is often referred to as the most effective form of internal control. Unfortunately, especially for small business, it can also be the most expensive form of internal control due to the necessity of increased work force. Segregation of duties (SOD), also known as separation of duties, falls under the framework’s control activities component created by the Committee of Sponsoring Organizations of the Treadway Commission (COSO). According to the definition of COSO, segregation of duties is “Dividing or allocating tasks among various individuals making it possible to reduce the risks of error and fraud.”. Segregation of duties is to ensure that a single individual will be responsible for only one component. One of the benefits of maintaining separated duties is that it reduces the risks of fraud in the business. Other benefits are safeguarding the assets, making the financial reports fairly presented, and reducing the cost of external audit. Four functions are commonly segregated in practice. They are custody, authorization, record keeping and reconciliation. We intend to describe these functions in detail, provide examples of each control, and a real world example of what can happen when these functions are not separated. Authorization is described as, “the basis by which the authority to complete the various stages of a transaction is delegated” by the University of Washington. Authorization...
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...Monday * “Is an attorney available? I need an uncontested divorce”, the woman says. Before the receptionist can answer, Carl announces, “I can see you! Come on in!” Rule: 1.8 Consideration: EC-1.8(a). The woman requested a lawyer and Carl answered come in I can see you as if he was an attorney. A Paralegal shall not engage in the unauthorized practice of law. * “My name is Carl Jackson” Rule: 1.7A Consideration: EC-1.7(a). Mr. Jackson introduced himself and didn’t state who he was or his job title at the initial consultation with Mrs. Smith who requested an attorney. * “I have a little business on the side, but the government doesn’t know about it. It’s all cash and I don’t pay any taxes on it, so I keep getting my disability check” Rule: 1.3 Consideration: EC-1.3(e). Mrs. Smith did confess about making an additional of income that she claims that isn’t on records. That’s fraud and Mr. Jackson should have informed her about her illegal activities. * “Have you asked your husband for alimony? You might be entitled to it, you know” Carl says. “I would if I were you” Carl says. Rule: 1.8 Consideration: EC-1.8(a). Mr. Jackson should only be asking questions that he was assigned by his attorney and as a Paralegal ha cannot give recommendations only a lawyer can. * Carl gets up and lets Zeke sit behind attorney Howe’s desk. Zeke has to push some of the open files on the desk out of the way to make room for Howe’s legal pad, which Zeke...
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...Intelligence for the Twenty-First Century ALAN DUPONT Strategic discourse over the past decade has been dominated by a debate over the nature of future warfare and whether or not there is a ‘revolution in military affairs’ (RMA). Supporters contend that developments in military technology, especially precision guidance and high-speed data processing, in conjunction with advances in doctrine and strategy, will fundamentally transform the way in which future wars will be fought and privilege RMAcapable forces in the contest to achieve battlefield dominance.1 Sceptics, on the other hand, regard the RMA as being more evolutionary than revolutionary, and argue that many of the technical advances associated with the RMA do not necessarily presage a paradigm shift in warfare.2 However, all agree that timely, accurate and useable intelligence will be critical to the successful conduct of war in the twenty-first century, perhaps more so than in any previous era. It is surprising, therefore, how little academic attention has been devoted to the changes that are taking place in the technology, management and integration of the intelligence systems that will underpin any RMA. It is the contention of this article that the transformation of intelligence architectures, particularly in the West, is no less profound than that of the weapons, platforms and warfighting systems they are designed to support and enhance. Moreover, the cumulative weight of the changes in prospect will redefine the...
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...Welfare Economics continued Market efficiency How to measure the total economic well-being of a society? Suppose there is a all-powerful, well-intentioned dictator called a social planner who can allocate goods among members of society. This social planner wants to maximize the welfare of everyone in society. Should the social planner allow the economy to reach an equilibrium by itself and stay there, or alter the equilibrium in some way? How to measure welfare of everyone in society? One measure is the sum of everyone’s surplus, called total surplus. This is consumer surplus plus producer surplus. Since consumer surplus measures the benefit consumers receive from participating in a market, and producer surplus measures the benefit producers receive from participating in a market, total surplus measures the sum of all individual benefits from participating in a market. Consumer surplus distortion of the market, amount paid by buyers equals amount received by sellers. So under these conditions, the total surplus equals Total surplus = total value to buyers − total cost to sellers. An allocation is efficient if it maximizes total surplus. This means that the difference between value to buyers and cost to sellers is maximized. It is maximized when every buyer whose value of a good is higher than the cost to a seller of the good, buys the good from a seller whose cost is lower than the buyer’s value. An allocation is inefficient if either a good is not being produced by sellers with lowest...
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...4.12 4.13 ETHICS IN MARKETING RESEARCH: MINI-CASE STUDIES – courtesy of Mr. Hicks PART 1: Read the 4 mini-cases below. For TWO of the following 4 cases,answer the following questionson a separate sheet of paper: 1. What are the relevant Facts? 2. What are the ethical Issues? 3. Offer your opinion on what actions should be taken (at least 2-3 paragraphs) Case Study 1 Incredible Shrinking Potato Chip Package Topic: Cost vs. price vs. value issues Characters: Julie, Brand Manager for potato chips at a regional salty snacks manufacturer Dave, Marketing Director for the regional salty snacks manufacturer Julie has been concerned about the profitability of the various items in her line of potato chips. According to her potato suppliers, the recent drought caused a 35 percent reduction in the potato crop compared to one year ago, resulting in a 25 percent hike in potato prices to large buyers like Julie’s company. Potatoes accounted for almost all of the content of her chips (which also consisted of vegetable oil, one of three different flavoring spices, and salt), plus there were packaging costs. To hold the line on margins, which of late had been slim at only about 5 percent due to fierce competition from several other local and regional brands, Julie would need to raise potato chip prices about 15 percent. On her most popular 7.5 oz. size, which had a price spot of $1.59 on the package, this would require a price hike of $.24, bringing the price up to...
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...|Total Weighting: |45% | |Total Marks: |60 | |Lecturer Name: |Krish Naidu | |Year/Intake |2015 /May Intake | |Due Date: |Week 15 (Tuesday class time) | Learning Outcomes (LO) Assessed: LO 6, 7&8 Assessment Summary – Answer all questions |Section |Topic |Possible Marks |Your Marks | |A |Organisational Structure |20 | | |B |Leadership and Motivation |20 | | |C |Change Management |20 | | | |TOTAL...
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