...Case Study Burlington Northern Santa Fe and Genetic Testing Oren L. Jones Trident University International ETH 501 Introduction The topic of genetic testing is a delicate issue that today’s employers must face. There basically two distinct routes employers can travel in regards to genetically screen their current and prospective employees. Employers can choose to utilize increasingly precise, efficient, and inexpensive genetic testing in order to determine the genetic traits, and identify any deficiencies within their workforce. This particular avenue may potentially expose employers to numerous liability and litigation issues. Specifically, the Fourth Amendment and the Americans with Disabilities Act were created with the purpose of protecting medical and genetic privacy. Additionally, employers may choose to overlook the practice of genetic screening all together. However, this outcome could possibly lead to a number of employer liability concerns such as; increased health insurance costs, violations of the Occupational Safety and Health Administration, etc. With the rapid development of genetic technology on the rise, employers today are faced with an overwhelming dilemma. BNSF Subjects Employees to Genetic Test In April 2002, railroad giant Burlington Northern Santa Fe Railway (BNSF) found itself in a perilous legal confrontation with the Equal Employment Opportunity Commission (EEOC). Burlington officials had admitted to subjecting their employees...
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... Contracts often signify a instrument that companies practice to defense their capitals. Negligence has speedily developed to the basis of our system for reimbursing people for unintentional damage and grievances. It allows the benches toward compensations in tort in particular conditions where it is impossible to continue a contract. It has furthermore been used innovatively to compensate individuals for financial fatalities in business settings where no extra remedy was accessible. Executive summary The aim of this learning is to study the basic lawful values for which we can use in the applied aspects of business. Also from the case studies which is given is very helpful for practical day to day issues. This is focused on non-lower therefore we should give a clear picture of the concepts such as contracts, negligence torts, breach of condition etc. This is also helpful to understand and learn the legal terms used in business contracts. This study helped me to understand the key elements of a business contract, Tort of Negligence and also the other consequences of breach, and also to apply the rule sand law for practical scenarios. Contents Introduction 1 Executive summary 2 Task 1: Scenario 4 1.1 Explain the importance of the essential...
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...Assignment #3: Module 1 - The Individual Ciera’ Harris, Chukwuemeka Okereke, Kayla Paige, Tavion Powell, Farah Raymond, and Jill Ricks PADG 5500.01 Dr. Wigfall 1/28/2016 R/J - Chapters 5: Personality and Values 1. Younger individuals do differ from older individuals in their plans to remain with one employer for a long time. Younger individuals (Millennials) are not as interested in job security and stability as older individuals (Baby Boomers) were when they entered the workforce. Millennials are focused more on the now, rather than ten or twenty years from now. Millennials are more mobile and do not mind moving around. Baby Boomers focus on career then salary, now the focus is salary then career. These differences exist both because of shifting economic realities and changing work values. When Baby Boomers started off in the workforce, the economy was completely different. Millennials have more knowledge and access to information on jobs through many sources, especially the Internet. Baby Boomers did not have that kind of access. 2. It can ultimately hurt to job surf as soon as the desire strikes. Employers like to see some degree of stability on resumes. An application can get passed by because of someone moving around too much from company to company. The employer does have the right to ask about job surfing. The employer also can ask about short term and long-term goals. An employer does not want to invest in someone who is not willing to stay for...
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...RULE 101. SCOPE; DEFINITIONS (a) Scope. These rules apply to proceedings in United States courts. The specific courts and proceedings to which the rules apply, along with exceptions, are set out in Rule 1101. (b) Definitions. In these rules: (1) “civil case” means a civil action or proceeding; (2) “criminal case” includes a criminal proceeding; (3) “public office” includes a public agency; (4) “record” includes a memorandum, report, or data compilation; (5) a “rule prescribed by the Supreme Court” means a rule adopted by the Supreme Court under statutory authority; and (6) a reference to any kind of written material or any other medium includes electronically stored information. RULE 102. PURPOSE These rules should be construed so as to administer every proceeding fairly, eliminate unjustifiable expense and delay, and promote the development of evidence law, to the end of ascertaining the truth and securing a just determination. RULE 103. RULINGS ON EVIDENCE (a) Preserving a Claim of Error. A party may claim error in a ruling to admit or exclude evidence only if the error affects a substantial right of the party and: (1) if the ruling admits evidence, a party, on the record: (A) timely objects or moves to strike; and (B) states the specific ground, unless it was apparent from the context; or (2) if the ruling excludes evidence, a party informs the court of its substance by an offer of proof, unless the substance was apparent from the context. (b) Not Needing...
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...The Positive Influences of Social Media in relation to Language Development Richard Brown English 101 HYB Professor Engelhardt 15 October 2011 Children of the twentieth century can be classified by one major thing, change. Technological advancements were made throughout the entire twentieth century, starting with the Industrial revolution that swept across the world beginning in the early 1800’s and continuing through the twentieth century. This revolution brought about the introduction of assembly lines making the rate of production for cars sky rocket, the atomic bomb which revolutionized warfare, and the internet. The internet has brought about a change in cultures across the world as well has helped connect individuals in a personal way. The way in which interactions happen between individuals has evolved with social media. In a little over a hundred years the world has gone from having to send a letter on horse and buggy or train, to being able to use computer to access pictures, e-mails, and personal feelings of another individual. Social Media has been rapidly developing since the development of MySpace in 2003. The global phenomenon inspired others such as Facebook, YouTube, and Twitter. These social media networks are each now worth billions of dollars, and the creators of each have made enough money to last more than a lifetime (Rivlin). A tweet, according to Merriam-Webster is, a “post made on the Twitter online message service.” Twitter does not have...
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...LA REFINANCIACIÓN FINANCIERA Trabajo de Nicole Soria 5/11/2014 Asignatura: Finanzas Corporativas II Profesor: José Miguel Salazar Olivas Index 1. Introduction 2. What is a financial restructuration? 3. When is it necessary to do a financial restructuration? 4. Goals of the financial restructuration 5. Fases of the financial restructuration 6. Refinancing costs 7. Conclusions Bibliography 1. Introduction The financial and economic crisis that began in 2007 was generated, among other things, by an excessive debt taken on by households and firms. In a market environment with very modest direct payoffs, all agents sought to force the total return with higher borrowing without considering the consequences in terms of risks...
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...the other hand, the ideologies and opinions of newspapers are usually not personal, but social, institutional or political. This requires an account in terms of social or societal structures. In fact, we integrate both approaches finto one sociocognitive theory that deals with shared social representations and their acquisition and uses in social contexts. And finally, since we examine in particular the sometimes subtle textual expressions of ideologically based opinions, this sociocognitive orientation will be embedded in a discourse analytical framework (for details, see van Dijk, 1995). This approach is unique in rejecting the theoretical reduction that characterizes virtually all past and contemporary approaches to ideology. As is the case for language and knowledge, ideologies too are very complex social...
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...; D.A. Desai and; V.R. Krishna Iyer, JJ. Acts : Industrial Employment (Standing Orders) Act, 1946; Industrial Disputes Act, 1947 - Sections 10A, 11 and 11A Appeal No. : Civil Appeal Nos. 1212, 2089 and 2237 of 1978 Appellant : Gujarat Steel Tubes Ltd. and Ors. Respondent : Gujarat Steel Tubes Mazdoor Sabha and Ors. Advocate for Pet/Ap. : V.M. Tarkunde and; Y.S. Chitale, Advs Excerpt : [A.D. Koshal,; D.A. Desai and; V.R. Krishna Iyer, JJ.] The appellant manufactures steel tubes in the outskirts of Ahmedabad city. It started its business in 1960, went into production since 1964 and waggled from infancy to adulthood with smiling profits and growling workers, punctuated by smouldering demands, strikes and settlement until there brewed a confrontation culminating in a head-on collision following upon certain unhappy happenings. A total strike ensued whose chain reaction was a whole-sale termination of all employees followed by fresh recruitment of workmen defacto breakdown of the strike and dispute over restoration of the removed workmen. As per the last settlement between the management and the workmen of 4th August, 1972, it was not open to the workmen to resort to a strike till the expiry of a period of five years; nor could the management declare a lock out till then. Any dispute arising between the parties, according to the terms arrived at were to be sorted out through negotiation or, failing that by recourse to arbitration. The matter was therefore, referred to an arbitrator...
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...Unit II Mini Project According to Fadun (2014), the expectation of any organization stakeholders is to ensure that an organization maximizes profits to increase their returns. Therefore, it is indubitably clear that the stakeholders expect that any technology innovation in the company is meant to increase the productivity as well as enhance the effectiveness of the organization to generate more revenue. According to smith, stakeholders view any project from a wider scope. This scope focuses on analyzing the innovation in line with cost, efficiency, time and the resources the innovation requires (Mccarty, et al., 2005). In this regard, the following expectations for the project are important for the company stakeholders. Firstly, the stakeholders expect that the system is meant to enhance and improve the effectiveness of the organization’s operation. In essence, the project should be better than the existing project and that should enhance rather than hinder the operations of the organization. Secondly, the project should not be so complex to be used by the customers (O'connor, Heavin & O'donoghue, 2015). This implies that while the innovation would be a high tech project, it should simple and easy to use, that customers can log into the system easily and prefer into to the previous existing system. Thirdly, the cost of the project should be affordable and economical. This implies that the initial cost, the cost of training and the time taken for everyone to understand and...
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...legalize same-sex marriage across the land, its long-term impact could extend far beyond this context. To see this point, consider how much more narrowly the opinion could have been written. It could have invoked the equal protection and due process guarantees without specifying a formal level of review, and then observed that none of the state justifications survived even a deferential form of scrutiny. The Court had adopted this strategy in prior gay rights cases.4 Instead, the Court issued a sweeping statement that could be compared to Loving v. Virginia,5 the 1967 case that invalidated bans on in––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Chief Justice Earl Warren Professor of Constitutional Law, New York University School of Law. I gratefully acknowledge receiving financial support from the Filomen D’Agostino and Max E. Greenberg Research Fund. I thank Perri Ravon and Annmarie Zell for their research assistance and Professor Reva Siegel for her comments. 1 135 S. Ct. 2584 (2015). 2 The case presented two questions: (1) “Does the Fourteenth Amendment require a state to license marriage between two people of the same sex?” and (2) “Does the Fourteenth Amendment require a...
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...2012 |1 • INTRODUCTION | I. Trial Context A. types of evidence at trial 1. witnesses 2. real evidence – something tangible related to the case 3. demonstrative evidence – not part of the story, but lawyer wishes to show the jury something to demonstrate something about the case (e.g., experiment; picture of intersection) B. competing stories at trial – two ways stories can compete 1. factual differences 2. differences in inferences drawn from the same facts II. Policy Overview [values that the evidence rules protect] A. accuracy 1. rationality – does evidence have a rational relationship to the case? 2. reliability – is the evidence credible? B. efficiency – see FRE 403 C. fairness – rules should be party-neutral 1. but note: some rules exclude evidence to one party’s advantage (e.g., evidence that Δ fixed the steps after the accident excluded, b/c we want to encourage Δs to make steps safer) (e.g., Confrontation Clause, guarantees rt of accused in a criminal trial to confront witnesses brought against him) D. danger of misuse of information 1. one solution: limiting instructions 2. but sometimes we’re so skeptical of jury’s willingness/ability to follow limiting instructions, and the potential...
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...High Educ (2009) 58:563–584 DOI 10.1007/s10734-009-9216-y Groupwork as a form of assessment: common problems and recommended solutions W. Martin Davies Published online: 20 March 2009 Ó Springer Science+Business Media B.V. 2009 Abstract This paper reviews some of the literature on the use of groupwork as a form of assessment in tertiary institutions. It outlines the considerable advantages of groupwork but also its systemic associated problems. In discussing the problems, the paper considers issues such as ‘‘free riding’’ and the ‘‘sucker effect’’, issues associated with ethnic mix in groups, and the social dilemma problem—in which students face conflicting demands between altruism and self-interest. The paper then outlines several models of effective groupwork and makes suggestions for implementing groupwork tasks. The paper also looks at the key assessment tasks which are commonly employed—namely, additive, conjunctive, disjunctive and discretionary tasks—and assesses which are most suited to groupwork. The paper considers the related issues of task complexity, recognition for effort, and strategies for minimising issues concerning group size. The paper also briefly considers strategies for implementing incentives for groupwork members, and outlines the issue of penalties for unproductive group members. The paper concludes by providing recommendations for how to maximise the advantages of groupwork while trying to minimise the disadvantages. Keywords ...
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...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...
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...of modern linguistic theory and illustrates how an understanding of these key areas can guide and inform at least some of the decisions that translators have to make. It draws on insights from current research in such areas as lexical studies, text linguistics and pragmatics to maintain a constant link between language, translation, and the social and cultural environment in which both language and translation operate. In Other Words examines various areas of language, ranging from the meaning of single words and expressions to grammatical categories and cultural contexts. Firmly grounded in modern linguistic theory, the book starts at a simple level and grows in complexity by widening its focus gradually. The author explains with clarity and precision the concepts and theoretical positions explored within each chapter and relates these to authentic examples of translated texts in a variety of languages, although a knowledge of English is all that is required to understand the examples presented. Each chapter ends with a series of practical exercises which provide the translator with an opportunity to test the relevance of the issues discussed. This combination of theoretical discussion and practical application provides a sound basis for the study of translation as a professional activity. Mona Baker is Chairman of the Education and Training Committee of the Institute of Translation and Interpreting. She has more than seventeen years’ experience as a translator and has taught at...
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...it offers us even more. Sharing this star is working with passion and love to build a better world. The year 2007 premiered in the same year. was rich and bountiful for Cirque du Soleil throughout the world. More than 10 million people saw a performance by Cirque in one of the 200 cities we visited during this period. And for the first time in nearly a decade, two new Cirque du Soleil shows KOOZA™ has been thrilling North American audiences under the blue-and-yellow Big Top since its premiere in the spring of 2007. Born of the fertile imagination of director David Shiner, a Cirque du Soleil ® stalwart in the earliest days of the company, KOOZA reaches back to the deepest roots of the circus to bring to life the eternal confrontation between fear and awe during the course of an incredible, wild journey. Meanwhile, Wintuk™ is a heartwarming winter tale, recounting the journey of a young boy who wants to bring snow and joy to the heart of a grey winter. This first-ever seasonal show from Cirque du Soleil was presented in the WAMU Theatre at Madison Square Garden during November and December. This show is the beginning of a real Holiday tradition between Cirque and the city of New York. Not to be outdone, our arena shows have enjoyed similar success: Saltimbanco™ which , closed in 2006, was revived in a revitalized production in 2007. The transition from big top to arena has enabled us to win new audiences in North American cities where we have never been able to present...
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