Contract and Mgmt520 Entire Course

MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM 4 weeks ago MGMT 520 Week 2 Assignment Administrative Regulations download [http://homeworkfox. com/tutorials/business/12944/mgmt-520-week-2-assignmentadministrative-regulations/] Assignment: 1. State the administrative agency which controls the regulation. Explain why this agency and your proposed regulation interest you (briefly). Will this proposed regulation affect you or the business in which you are working? If so, how? 1. Describe the proposal/change. 1.Write the public comment that you would submit to this proposal. If the proposed regulation deadline has already passed, write the comment you would have submitted. Explain briefly what you wish to accomplish with your comment. 1. Provide the â€Å"deadline† by which the public comment must be made. (If the date has already passed, please provide when the deadline was. a. Once you have submitted your comment, what will you be legally entitled to do later in the promulgation process (if you should choose to do so)? (See the textbook's discussion of the Administrative Procedure Act. a. If the proposal passes, identify and explain the five legal theories you could use in an attempt to have (any) administrative regulation declared invalid and overturned in court. a. Which of these challenges would be the best way to challenge the regulation you selected for this assignment if you wanted to have the regulation overturned and why? 4 weeks ago Magnus Grimmers 0 †¦ Add a comment : Google http://mgmt520. blogspot. com/search? pdated-min=2013-01-01T00:00:00-08:00-max=2014-01-01T00:00:00-08:00-results=23 Page 1 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM 4 weeks ago MGMT 520 Week 3 Homework ES download [http://homeworkfox. com/tutorials/business/12945/mgmt-520-week-3-homework-es/] 1) What are the elements of negligence that Mr. Margreiter will need to prove ag ainst the hotel in order to win his case? List the five elements here. 2) Applying the facts you have from the case problem above only, lay out a case for negligence against the hotel.Use the elements to outline the case. Start with the first element, explain what facts you have for or against that element, and then continue through the five elements of negligence. If you do not have enough facts to make your case, explain what facts you would need to have in order to support a case of negligence. 3) What defense(s) does the hotel have on its side? List (and define) those here. Very briefly state why you think the hotel could use this defense 1. Question : During an appeal, the appeals court is required to rely on the evidence submitted during the trial.The â€Å"record,† which is made by both parties during the trial, including all objections and other submissions of evidence, is binding on the appeals court, unless it was erroneous or not reasonable to believe or accept tha t evidence. Further, decisions of fact and credibility are typically left to the jury to make, and appeals courts prefer not revisiting those decisions (unless they are beyond the weight of the evidence or defy credulity. ) Because the jury can weigh the body language of the witnesses during trial, and the record on appeal can't show that, appeal courts prefer allowing juries to make â€Å"fact-finding† decisions.Judges on appeal try to look for legal theories to overturn cases (or uphold them. ) They make the â€Å"law† based decisions, based on the record before them. With that understanding, explain the decision of the appeals court in the Margreiter case. In doing so, discuss which facts the court relied on in its decision and which facts the losing party requested the appeals court decide the case on, although it refused to do so. 2. Question : Now review the Nordmanncase. The Margreitercourt used this case to assist it with making its decision (see line two of pa ragraph #4 of the Margreiter opinion. What did the Nordmann court say was the â€Å"duty of care† a hotel owes to a guest to protect him from injury by third persons? Provide that here. Then, review the facts that the Nordmann court relied on to determine there had been a breach of the duty by the Nordmann court. Briefly recite those here as well. 3. Question : Notice that the Margreiter court doesn't state which duty it imposed on the hotel – it simply recites as â€Å"precedent† the Nordmann case for its legal basis. Now that you know the duty of care that the Margreiter court used in its decision, briefly compare the two sets of facts from the two cases.Then answer these questions: a) Do you feel that the Margreiter case had as strong facts as did the Nordmann case for holding the hotel liable? Why or why not? b) Which facts do you feel most strongly weigh in favor of the court's decision in the Margreiter case? c) Which facts do you feel were a stretch by th e court in Margreiter? d) Which case do you feel was more of a â€Å"slam-dunk† case to decide and why? http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:00:00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 2 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) /1/13 11:20 PM 4. Question : Do you agree with the decisions by the Nordmannand Margreiter courts? Do you feel that the decisions were ethical in nature? Why or why not? Use one of your ethical dilemma resolution models to analyze the court's decision of one of the two cases to help support your answer and include that analysis in your answer (i. e. , Laura Nash, front page of the newspaper, Blanchard & Peale, Wall Street Journal). Make sure to set out the steps of the model and apply your reasoning and facts to the model in your answer. 4 weeks ago Magnus Grimmers 0 †¦Add a comment : Google 4 weeks ago discussion/] MGMT 520 Week 4 You Decide Team dis cussion download [http://homeworkfox. com/tutorials/business/12946/mgmt-520-week-4-you-decide-teamScenario Week 4 You Decide GM520 Legal, Political and Ethical Dimensions Scenario Summary This group project covers a contract dispute situation. As a group, work through the following questions. Feel free to ask further questions in the thread of your group members, and answer your group members questions as well. The best work will be where all group members work together to get the questions answered.You will be graded on the quality of your posts, but points will be deducted if your answers are duplicates of your group members'. Take turns and build on posts. The questions below have more than one part within each of them so work through them together. Have fun with this! The main thing is that you learn from this exercise, along with creating some quality collaboration with your group. Read the Group Project under Course Home or the Assignments page for this week for the full gradi ng rubric for this group project. Good luck! Download and review thecontract here. http://mgmt520. blogspot. com/search? pdated-min=2013-01-01T00:00:00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 3 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM Your Role/Assignment You are the manager of a large data processing project. Your company, Systems Inc. , worked very hard to obtain a contract with Big Bank to do their conversions from their recent acquisition, Small Bank. The bank met with several companies to discuss who would do the best work on the contract. During your meeting with Big Bank, you told them that you had â€Å"never missed a conversion deadline. At the time, your company had never missed a conversion deadline, but the company had only done three conversions. You also told them that your data processing systems were the fastest around. † After months of negotiation, Big Bank signed the contract. The president of Big Bank said, â€Å"We like fast, and you guys are fast. We choose you. † You started work on the data conversion immediately (ahead of contract). According to the contract, your team was responsible for ensuring that the new bank’s data were converted to Big Bank’s data processing system. The contract involved six large conversions.The first involved converting Big Bank’s savings accounts, the second its checking accounts, the third its investment portfolio, the fourth its credit card, the fifth its mortgage portfolios, and the six its large business loans. Your team completed four of the six conversions without a problem. The fifth task, the largest and most important, has encountered numerous problems. Some problems have been based on personnel issues on your part and other issues have been based on the bank’s failure to provide you with necessary information. One issue resulted when the conversion was delayed for over one week.Th e data to be converted were formatted differently than the bank’s previous specifications provided. For that reason, the data conversion fields needed to be changed. A provision in the contract required your company to receive four people’s approval before making any changes to the conversion data fields, and one of those four people, Glenda Givealot, was out of the country doing missionary work in an area of the world that did not have cell phone reception. Another issue resulted when the conversion was supposed to occur. Because of the change in the timeline, the conversion schedule had to change.The weekend the conversion was rescheduled to occur, an ice storm struck the state where your data processing computers were housed. Your facility lost electricity for 3 days and the conversion was delayed again until power could be restored. KEYPLAYERS Big Bank President The bank’s president, who is a known hothead, was furious. He called you after power was restored and yelled, â€Å"We are rescinding this contract! † He also threatened to take the case to court to seek damages. Systems Inc. President Your company president wants this situation resolved amicably.He also wants to maintain the contract with the bank, as he sees the potential for a large amount of business with the bank in the future if this contract proves successful. Corporate counsel believes that the bank just needs to be shown that they are out of compliance with the contract just as we are and that both parties are to â€Å"blame. † He wants you to start negotiations with the bank to modify certain provisions of the contract to make expectations clearer. YOUDECIDE Activity Below is the list of questions you should work together to answer in this thread. Feel free to come up with more to answer together if you need them.Can Big Bank’s president rescind the contract? Under what circumstances can a contract be rescinded by either party? What facts have to be alleged and proven? What is the result of a contract that is rescinded? Big Bank’s president also threatens legal action. What potential causes of action could you foresee him bringing in court? Would he be successful? Why or why not? What arguments could Systems Inc. raise in its defense? What are Big Bank’s potential damages? Review the facts provided http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:00:00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 4 of 30MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM and the sample contract. What provisions of the contract could you cite to support an argument that it is not in Big Banks best interest to rescind the contract? What facts could you cite to support an argument that Big Bank be responsible for some of these issues and/or not in compliance with the contract? In this situation, amicable resolution of problems is greatly preferred by your compa ny. Would this be true in all contract disputes? In what situations and why would you decide to move to litigation over amicable resolution?There are three types of contract performance: complete, substantial, and material breach. Describe the differences (and similarities) among the three, and explain some of the legal ramifications for one or more of these types of performances. (e. g. , what happens if one party performs completely but the other party performs only substantially? ) Give examples from outside readings or experiences in your career or personal business life. What are the two most important concepts from this exercise that will help you in future contract negotiations? (All students must answer this question for full credit in this project. You Decide: Contract Creation and Management – Group Discussion Thread Make sure you have a â€Å"Group† thread showing this week. If not, e-mail your instructor ASAP. Review the You Decide Scenario found in your Gr oup Area. Enter the Group Thread by no later than Wednesday to discuss the aspects of the scenario with your group. Your grade will be based on making at least six good, high-quality posts over at least three days to the thread that reflect on the You Decide's contract issues and that answer the questions posed at the beginning of the thread. Your instructor will NOT lead this thread – it will be up to the groups to run the thread. Take this opportunity to get to know your classmates in your group! ) You earn 75 points in this project, set up as follows: (60 possible) Quality/quantity post points. You can earn up to 10 points for each high-quality post to the thread. A high-quality post will reflect on a learning tip from the You Decide, provide significant factual background from the You Decide that helps explain a learning point being made in the threads, pose an exceptional question that moves the group thread forward in a manner that creates more learning (while respondin g to another student's question or hought), or will provide a definitive and analytical answer to one of the main questions in the thread. Faculty may deduct points for less-thanhigh-quality posts (however, making more than six posts will help â€Å"ensure† that you will achieve the full complement of points, as you will get credit for each post you make, up to the maximum amount of 60 points for this part of the project). (10 possible) Days posted. You must post on at least three days. You will get 3 points credit for each day you post. (â€Å"I agree†- or â€Å"Yeah, great post! â€Å"-style posts will not count for a â€Å"day posted. The post must have some quality to count on the day). One point will be given to each student who posts their first post to the Group Project thread by no later than Wednesday. (5 possible) Group points. How well your group works together will give you 5 possible points. Ways to get points include the following: build on each other' s posts (i. e. , read group members' posts and respond) and ensure all questions in the SIM project thread beginning are covered (i. e. , don't duplicate group members' work – build on their answer or answer another question).Ways to lose points include requiring instructor intervention in the group process, failing to work together, and ignoring each other's posts. (This group grade will be the same for each student in the group who posts value-added posts on at least three days in the thread. If a student posts less than three days, his or her group grade may be lower than the other group members' grade due to not helping the group with facilitation of the thread. Harassment or lack of netiquette in a thread may also be a reason for an instructor to deduct one group members' grade over others. 4 weeks ago Magnus Grimmers 0 Add a comment http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:00:00-08:00-max=2014-01-01T00:00:00-08:00-results=23 Page 5 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM †¦ : Google 4 weeks ago MGMT 520 Week 5 Midterm exam download [http://homeworkfox. com/tutorials/business/12947/mgmt-520-week-5-midterm-exam/] 1. Question : TCO B.Infuriated when Harry Reid is re-elected during the 2010 fall election, the Republicans in Congress decide to take matters into their own hands. In 2011, the House of Representatives passes a new â€Å"Freedom isn't Free Act† that requires that anyone who wants to vote in the 2012 presidential election must prove that they paid at least $200 in federal income tax in the past year, including people aged 18 (who typically are deducted on their parents' returns and do not pay income tax). Anyone who received the â€Å"earned income credit† is barred from voting unless they return the payment from the government.Proof of payment of the tax can be made by showing a copy of the prior year's W2, a copy of the prior year's tax return, or a signed statement from the IRS stating that the payment of more than $200 in federal income tax has been made. Citizens who do not pay taxes can still vote if they donate $200. 00 to the federal government as voluntary income tax and get a statement from the IRS that they have done so. The law sunsets on December 31, 2012. List two bases under which someone impacted by this law could argue to have the law overturned. 2. Question : TCO F.When Vanna White sued Samsung for appropriation and under the Lanham Act, she won her case under the California common law right of publicity claim and under the Lanham Act. List the eight Sleekcraft factors that are required to prove a Lanham Act complaint. 3. Question : (TCO C) Bud Johnson owns a General Motors dealership in Pierre, South Dakota. At the request and expense of General Motors, Bud traveled to Phoenix, Arizona, for purposes of the demonstration of a new vehicle called the Roughrider, designed to compete against the curren t offering of SUVs.Bud went to the proving grounds in the desert around Phoenix and spent a day watching the vehicle demonstrations. Bud and other dealers drove the vehicles, and much dust resulted from their driving. A http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:00:00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 6 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM few weeks later, Bud became ill with flu-like symptoms. He was finally diagnosed as having coccidioidomycosis or â€Å"valley fever. Valley fever is a disease well known to Arizona residents, and most have had it if they have lived there over 10 years. Newcomers are particularly vulnerable to the disease because the exposure to dust seems to build up immunity among the residents. Bud became quite ill and brought suit against the car manufacturer that invited him for its failure to warn him about the valley fever phenomenon before he came o ut to the testing grounds. Answer the following questions, and use cases and theories from the text to support your arguments: Was there negligence in the failure of General Motors to warn Bud? 15 points) Discuss all defenses General Motors may have. (15 points) Does strict liability in torts apply to this situation? Why or why not? (10 points) 4. Question : TCO D: Barney and his 16-year-old son BamBam are riding in Fred's car. Fred had taken some prescription medication that morning that stated on the bottle, â€Å"Warning, may cause drowsiness. † The truck in front of them suffers a blow-out, and swerves uncontrollably. The tire remnants fly into the road, Fred swerves and hits a car to his left. He avoids hitting the truck with the blow-out but suffers damage to the left side of his car.BamBam hits his head on the side of the car, getting a concussion and permanently losing the sight in his right eye. Fred has state law required auto insurance with the minimum policy limit s. Fred's wife, Wilma, immediately calls Betty, BamBam's mom, and apologizes when she finds out about BamBam losing his eye. Wilma says to Betty, â€Å"Please don't worry. We will pay for anything the insurance doesn't cover, including the loss of BamBam's sight and anything else he needs to recover and live a normal life. † Betty sobs and says, â€Å"You are too good to us. We can't accept that. † Wilma says, â€Å"Of course you can. Betty cries harder and says, â€Å"Thank you so much but (unintelligible)† and hangs up. Fred and Wilma own a house worth $450,000, a car worth $20,000, a full-size T. rex skeleton for which a museum has offered $200,000 in the past, and some stocks and bonds worth $700,000. A lawsuit ensues and a judgment against Fred and for BamBam is entered for $300,000. The insurance company paid their cap of $250,000, leaving $50,000 remaining due. Fred and Wilma immediately pay BamBam $50,000. Further, Wilma buys a designer eye-patch for Ba mBam made specifically by Calvin Klein with a picture of Fred and Wilma's daughter, Pebbles, on it.Wilma hugs BamBam when she brings over his new eye patch and says, â€Å"Anything. Anything you need. We will take care of it for you. † Fred rolls his eyes at Barney, and Barney sighs and shakes his head. Betty and Wilma both cry at how adorable BamBam looks with his new eye patch. Barney buys BamBam a new car, specially designed for people with one eye. Wilma finds out and calls Betty, asking how much the car was. Betty says they are making payments on the car of $450/month for the next 4 years. Wilma writes Betty a check for $450, and sends her one every month for the next 8 months.Eight months after the judgment was rendered, BamBam is discovered to have more damage to his head than originally thought. He loses sight in his other eye and now is totally blind. BamBam's parents sue Fred and Wilma again for personal injury, but the case is thrown out as the first case already d ecided the injury case. Fred refuses to pay more to BamBam, and he takes the checkbook away from http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:00:00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 7 of 30MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM Wilma when he discovers she's been making BamBam's car payments. The two families stop speaking to each other. BamBam throws away his now useless eyepatch and becomes despondent. His dreams of being a drag racer seem to be over. BamBam's attorney refiles the case, this time on grounds that Wilma's statement to Betty was a binding contract that requires that Wilma pay any remaining damages to BamBam, for the remainder of his life. Was Wilma's statement a binding contract?Using the law of contracts, explain why or why not. Does BamBam's age have anything to do with your answer? Can Fred be bound by the potential contract Wilma may have entered into? Use the law of agency to explain your answer to that question. Did Wilma's purchase of the eye-patch give BamBam a greater leg to stand on in court? What about the car payments she made? Explain fully your answer to these questions. 5. Question : TCO I. Marianne Jennings wrote an article, â€Å"Why an International Code of Ethics would be good,† which was assigned to be read at the beginning of the course.As you have worked throughout this session, you should have considered this article and how it may or may not have impacted different situations in the world economic/business/legal/political environments. The essay you will write on the next question should show that you have read Marianne's article and can apply her theories and thoughts from that article to the scenario provided. Feel free to rely on the information you know about the situations (if real) or analogize to another one, if you wish. Include in your answer at least two specific concepts from Marianne's article, and apply t hose concepts to your reasoning in your answer.You will be graded on your knowledge of the article as well as the application of ethical theories to international situations. An oil travesty has occurred. In the Gulf Coast, British Petroleum's deep-sea oil well has had a major malfunction and has exploded. The explosion killed many oil workers. The oil well began spewing oil into the Gulf, and now the entire southern portion of the United States coastal areas has been destroyed. BP initially came out with advertisements using the CEO of the company apologizing and promising to make this right for the citizens of the United States.Then, the CEO was removed by BP from working the disaster. The crisis continues. Based on the â€Å"timing† of the crisis and resolutions that have occurred at the time of your exam, answer the following question using the most relevant facts you know. Using Marianne Jenning's article, would an international code of ethics have assisted with the hand ling of this crisis? Would it have helped BP avoid this crisis? Do you see this as an ethical issue? Support your answer with concepts from her article, as well as other ethical reasons. 6. Question : TCO A.Use the fact pattern you received in the above Marianne Jennings â€Å"International Code of Ethics† question to answer this question. Analyze and propose a solution to the problem you received above using the Blanchard and Peale method. Show the steps, apply the facts, and provide a proposed solution you would suggest. 4 weeks ago Magnus Grimmers 0 Add a comment http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:00:00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 8 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM †¦ : Google 4 weeks ago MGMT 520 Week 6 You Decide ES download [http://homeworkfox. com/tutorials/business/12948/mgmt-520-week-6-you-decide-es/] 1. Question : Teddy's Supplie s' 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 that 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 that apply and any precedent cases either for or against Teddy's case that impact liability.Include in the memo your suggested â€Å"offer of settlement† to Virginia. Back up your offer using your analysis of the case against Teddy's. 2. Question : The NJ Human Rights commission found that Pollard was the victim of sexual harassment and disparate treatment. Please answer these questions: a. Provide the most current definition of â€Å"sexual harassment,† including a definition of quid pro quo and hostile environment sexual harassment. Name an appellate court case in which 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. Include the citation to the case and a link to it online. Would the case apply to Pollard's case? Why or why not? Would you want to use this case in Teddy's favor or Pollard’s favor? (10 points) b. Explain which form of sexual harassment you suspect the NJ Human Rights commission found Virginia had been a victim of and why you feel that is the case. 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) c. Explain what defenses to sexual harassment Teddy's had in this case. (Include the name and citation of at least two federal or state sexual harassment cases that provide precedent support to your defense statement. ) (10 points) d. What is disparate treatment and why do you think the Human Rights commission found it had http://mgmt520. blogspot. com/search? updated- min=2013-01-01T00:00:00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 9 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) /1/13 11:20 PM occurred? Do you agree with this decision? (10 points) 3. Question : Review the sexual harassment policy that Teddy's has in place and that 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 Teddy's 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 â€Å"technical issues† for why they didn't 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. 4.Question : How would Pollard's case be impacted if her replacement had been a female? Would her case be different? Would her damages be different? Explain your answer. 4 weeks ago Magnus Grimmers 0 †¦ Add a comment : Google 4 weeks ago MGMT 520 Week 8 Final Set 1 download [http://homeworkfox. com/tutorials/business/12949/mgmt-520-week-8-final-set-1/] 1. TCO D Short Answer Question and Facts for Page 1 Questions: A well known pharmaceutical company, Robins & Robins, is working through a public scandal.Three popular medications that they sell over the counter have been determined to be tainted with small particles of plastic explosive. The plast ic explosives came from a Robins http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:†¦00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 10 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM & Robins supplier named Casings, Inc. , that supplies the capsule casings for the medication pills. Casings, Inc. , also sells shell casings for ammunition. Over $8 million in inventory is impacted.The inventory is located throughout the Western United States, and it is possible that it has also made its way into parts of Canada. Last fall, the FDA had promulgated an administrative proposed rule that would have required all pharmaceutical companies that sold over-the-counter medications to incorporate a special tracking bar code (i. e. , UPC bars) on their packaging to ensure that recalls could be done with very little trouble. The bar codes cost about 35 cents per package. Robins & Robins lobbied hard against this rul e and managed to get it stopped in the public comments period.They utilized multiple arguments, including the cost (which would be passed on to consumers). They also raised â€Å"privacy† concerns, which they discussed simply to get public interest groups upset. (One of the drugs impacted is used for assisting with alcoholism treatment – specifically for withdrawal symptoms – and many alcoholics were afraid their use of the drug could be tracked back to them. ) Robins & Robins argued that people would be concerned about purchasing the medication with a tracking mechanism included with the packaging and managed to get enough public interest groups against the rule.The FDA decided not to impose the rule. Robins & Robins' contract with Casings, Inc. , states, in section 14 B. 2. a. , â€Å"The remedy for defects in supplies shall be limited to the cost of the parts supplied. † Casings, Inc. , had negotiated that clause into the contract after a lawsuit from a person who was shot by a gun resulted in a partial judgment against Casings for contributory negligence. List any bases Robins & Robins could sue Casings, Inc. , under contract theory ONLY for the damages caused by the explosives in their drugs, over and above the cost of the capsule shells. short answer question) (Points: 15) 2. TCO B. The FDA discovers that, during the public comment process, Robins & Robins bribed one of the members of the administrative panel that decided to pull the rule from consideration. The member of the panel was removed and is being charged criminally. As a result, the FDA immediately implements an emergency order that puts into effect the â€Å"tracking bar† requirement and makes the rule retroactive, but only to Robins & Robins. Provide two arguments Robins & Robins can make to have the rule determined to be invalid under the Administrative Procedures Act.Explain your answer. (Points: 30) 3. TCO C. Robins & Robins immediately issued a massive r ecall for the tainted medication upon learning of the situation. Despite the recall, 1,400 children and 350 adults have been hospitalized after becoming very ill upon taking the tainted medication. Each of them had failed to note the recall after having already purchased the medication. It is quickly determined that they will need liver transplants and many of them are on a waiting list. During the wait, to date, 12 children have died. Their families are considering suing for both 402A and negligence.The attorneys stated that but for the lobbying efforts, the recall process would have been automated and the people would not have gotten sick or died. You are an employee with the FDA. You are drafting a memo to your boss analyzing the FDA’s liability and explaining why the FDA did the right thing in deciding not to pass the original tracking bar (UPC) rule. You are specifically being told to respond to the issue of the deaths and illnesses. What would you write? Include (and fu lly explain) any defenses you feel that the FDA could use against any negligence or public relation cases.Explain what liability (if any) the FDA could have to the victims and their families. (Points: 30) 4. TCO A. It is discovered that Robins & Robins knew about the tainted medication 2 months earlier than they announced the recall. They hid it and, in fact, sent out contract buyers to try to buy up all of the medication off the shelves. Their â€Å"fake† recall failed. Using the Blanchard and Peale method of analyzing ethical dilemmas, analyze the ethical dilemma faced by the http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:†¦00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 11 of 30MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM CEO of Robins & Robins for the fact that they saved 35 cents/package and are now in the middle of a major, life-threatening recall. Analyze their â€Å"fake† recal l as well. Show all of the steps of the model and give a recommendation to the CEO of what to do now that the deaths are escalating. What is the â€Å"right† thing for the CEO to do in this case? (Points: 30) 5. TCO I. A Canadian citizen whose child died from the medication sues the FDA for allowing the sale of dangerous medication in Canada.The lawsuit is filed in the International Court of Justice (ICJ). Is this the proper court to hear this case? Why or why not? (short answer question) (Points: 15) Question 2 – 2 essays, 30 points each. 1. TCO E. Anna and Lisa both sue Pastor Forester and the school under Title VII. Analyze their Title VII lawsuit against the school and Pastor Forester. Explain whether you feel that the two injured teachers have cases for recovery (describe the theories and whether you feel they will be successful).Discuss whether the school being a religious, private school has any bearing on liability or protection from liability. Include all defe nses available to the school and Pastor Forester. (Points: 30) 2. TCO H and E. In the discovery portion of the case, it is determined that Pastor Forester is really not a pastor. His real name is Jerry Birches, a parolee with convictions for child molestation. His parole agreement prohibits him being closer than 1,000 feet to any school. In order to cut costs, the school had stopped doing background checks on new employees, and this slipped through the cracks.The president of the board of directors immediately fires Pastor â€Å"Jerry Birches† Forester and notifies his parole officer of the violations. Pastor Forester claims the board knew about his background because one member of the board (his aunt Theresa) knew the truth. He claims her knowledge should be imputed to the entire board of directors. He then sues the school for firing him for being a convicted felon. He claims that is illegal, and he publicly attacks the church for their â€Å"less-than-Christian† beha vior in firing him. The board immediately convenes to discuss â€Å"damage control. It knows you took a law and ethics course recently and asks you to write a news release to the local newspaper explaining the situation. Using ethical and legal considerations (including the fact you are in the middle of multiple lawsuits), write the brief news release. Then, explain why you wrote it the way you did. (Points: 30) – Exact – XX Page 3 – Two essays at 30 points each. 1. TCO F. Ellen DeGeneres sues Clean Clothes for the use of a look-alike model for the slacks advertisement. She includes Lanham Act, misappropriation, and â€Å"right of publicity† claims in her complaint.Clean Clothes countersues for product disparagement. Joseph A. Bank (JOSB) sues Ellen for impacting their men’s clothing sales with her unsolicited comment. What facts will Ellen use to support her cases, and why will those support her cases? What defenses will Ellen have against Clean Clothes's and JOSB's countersuits? Do you think any of the three will win their cases? Why or why not? (Points: 30) 2. 2. TCO G. It is discovered that 2 weeks before the Ellen show, she had sold $2 million in JOSB stock (at a gain of about $2,200).The morning after her show, Ellen sold JOSB short (which means she was betting the stock price would go down), and she made another $210,000 in the next week on that trade. The swing in the price was not directly tied to her comments but was suspected to be a result of a recall JOSB made on their entire line of men's black and brown dress slacks when it was discovered that they had been sewn together with white thread. Ellen's previous trading activity shows that she made it a normal practice to â€Å"vigorously trade† the stock of any company with which she did business.A review of her trading activity for the past year showed that she had bought and sold JOSB http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:†¦0 0-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 12 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM stock 25 different times, including short sales like this one. Her overall trading for JOSB stock for the last 12 months was a net loss of $82,000. 00. Do you think the SEC will file anything against Ellen for her sales of JOSB?Is there any cause to do so? Analyze her transactions with respect to insider trading activity (based on what you know) and whether she should be concerned. Is her prior trading activity a defense? Should Ellen have avoided discussing JOSB publicly on her show because she typically trades their stock? (Points: 30) 4 weeks ago Magnus Grimmers 0 †¦ Add a comment : Google 4 weeks ago MGMT 520 Week 8 Final Set 2 download [http://homeworkfox. om/tutorials/business/12950/mgmt-520-week-8-final-set-2/] TCO D Short Answer Question and Facts for Page 1 Questions A well known pharmaceutical compan y, Robins & Robins, is working through a public scandal. Three popular medications that they sell over the counter have been determined to be tainted with small particles of plastic explosive. The plastic explosives came from a Robins & Robins supplier named Casings, Inc. , that supplies the capsule casings for the medication pills. Casings, Inc. , also sells shell casings for ammunition. Over $8 million in inventory is impacted.The inventory is located throughout the Western United States, and it is possible that it has also made its way into parts of Canada. Last fall, the FDA had promulgated an administrative proposed rule that would have required all pharmaceutical companies that sold over-the-counter medications to incorporate a special tracking bar code (i. e. , UPC bars) on their packaging to ensure that recalls could be done with very little trouble. The bar codes cost about 35 cents per package. Robins & Robins lobbied hard against this rule and managed to get it stopped in the public comments period.They utilized multiple arguments, including the cost (which would be passed on to consumers). They also raised â€Å"privacy† concerns, which they discussed simply to get public interest groups upset. (One of the drugs impacted is used for assisting with alcoholism treatment – specifically for withdrawal symptoms – and many alcoholics were afraid their use of the drug could be tracked back to http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:†¦00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 13 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM hem. ) Robins & Robins argued that people would be concerned about purchasing the medication with a tracking mechanism included with the packaging and managed to get enough public interest groups against the rule. The FDA decided not to impose the rule. Robins & Robins' contract with Casings, Inc. , states, in sect ion 14 B. 2. a. , â€Å"The remedy for defects in supplies shall be limited to the cost of the parts supplied. † Casings, Inc. , had negotiated that clause into the contract after a lawsuit from a person who was shot by a gun resulted in a partial judgment against Casings for contributory negligence.Robins & Robins sues Casings, Inc. , for indemnification from suits by injured victims from the medication, for the cost of the capsule shells, for attorney's fees, and for punitive damages. List any defenses Casings, Inc. , would have under contract theory ONLY. (short answer question) 2. TCO B. The FDA decides to require all pharmaceutical companies to immediately implement the tracking bars (UPC) as a result of the disaster with Robins & Robins. Robins & Robins decides not to challenge this and begins the process of adding them to all of their products. However, McFadden, Inc. a New York pharmaceutical company, realizes that this new requirement is going to bankrupt them immedi ately. McFadden did not participate in the original public comment period. However, this rule is different from the rule that went through that public comment period in that it specifically names four companies as being impacted: Robins & Robins, McFadden, Inc. , Bayer, and Johnson & Johnson. On what bases can McFadden challenge this requirement imposed by the FDA, and can they be successful? Provide at least two bases under the Administrative Procedures Act and justify your answer. Points: 30) 3. TCO C. Robins & Robins immediately issued a massive recall for the tainted medication upon learning of the situation. Despite the recall, 1,400 children and 350 adults have been hospitalized after becoming very ill upon taking the tainted medication. Each of them had failed to note the recall after having already purchased the medication. It is quickly determined that they will need liver transplants and many of them are on a waiting list. During the wait, to date, 12 children have died. T heir families are considering suing for both 402A and negligence.The attorneys stated that but for the lobbying efforts, the recall process would have been automated and the people would not have gotten sick or died. You are the attorney for one of the dead children’s family. List the causes of action (if any) you would file against Robins & Robins, the FDA, and the bribed FDA member. List the elements of the causes of action, and set forth the facts that you have that would support a lawsuit against each of the three named defendants. State any defenses any of the three would have. Analyze the success of the defenses. TCO A.It is discovered that Robins & Robins knew about the tainted medication 2 months earlier than they announced the recall. They hid it and, in fact, sent out contract buyers to try to buy up all of the medication off the shelves. Their â€Å"fake† recall failed. Using the Laura Nash method of analyzing ethical dilemmas, analyze the ethical dilemma fa ced by the CEO of Robins & Robins for the fact that they saved 35 cents/package and are now in the middle of a major, life-threatening recall. Analyze their â€Å"fake† recall as well. Show all of the steps of the model and give a recommendation to the CEO of what to do now that the deaths are scalating. What is the â€Å"right† thing for the CEO to do in this case? Did the model help you come to this conclusion, or did you use some other method? Explain. 5. TCO I. A Canadian citizen whose son (resident of Ontario) died from the medication sues Robins & Robins in a California court. The court there is well known for being victim friendly and providing huge payouts to victim families. In Canada, the cap on nonpecuniary damages is around $300,000. Punitive damages in Canada are rarely allowed. Robins & Robins moves to dismiss the case under the theory of sovereign immunity.Will Robins & Robins win this motion using this theory? Why or why not? (short answer question) (Po ints: 15) Question 2 – 2 essays, 30 points each. http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:†¦00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 14 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM TCO E. Anna and Lisa both sue the school and Pastor Forester for discrimination and further, for liability for their injuries (the stabbing damages and the damages to Lisa’s son’s health. You are one of the board of directors and need to analyze the liability of the school. Limit your answer to the SCHOOL'S liability only. Write a brief memo as to whether Pastor Forester committed illegal or discriminatory practices in his brief tenure described in this situation. Then, analyze the potential liability of the school. Discuss agency liability, as well as any employment law aspects. Explain whether you feel that the two injured teachers have cases for recovery against the school. Discu ss whether the school being a religious, private school has any bearing on or protection from liability.Include all defenses available to the school. TCO H and E. In the discovery portion of the case, it is determined that Pastor Forester is really not a Pastor. His real name is Jerry Birches, who is a parolee with convictions for child molestation. His parole agreement prohibits him being closer than 1000 feet to any school. In order to cut costs, the school had stopped doing background checks on new employees, and this slipped through the cracks. The President of the Board of Directors immediately fires Pastor â€Å"Jerry Birches† Forester and notifies his parole officer of the violations.Pastor Forester claims the board knew about his background, because one member of the board (his aunt Theresa) knew the truth. He claims her knowledge should be imputed to the entire board of directors. He then sues the school for firing him for being a convicted felon. He claims that is i llegal, and he publicly attacks the church for their â€Å"less than Christian† behavior in firing him. The board immediately convenes to discuss â€Å"damage control. † They know you took a Law and Ethics course recently and ask you to write a news release to the local newspaper, explaining the situation.Using ethical and legal considerations (including the fact you are in the middle of multiple lawsuits), write the brief news release. Then, explain why you wrote it the way you did. Page 3 – Two essays at 30 points each TCO F. Ellen DeGeneres sues Clean Clothes for the use of a look-alike model for the slacks advertisement. She includes Lanham Act, misappropriation, and â€Å"Right of Publicity† claims in her complaint. Clean Clothes countersues for product disparagement. Joseph A. Bank (JOSB) sues Ellen for impacting their men’s clothing sales with her unsolicited comment.What facts will Ellen use to support her cases and why will those support h er cases? What defenses will Ellen have against Clean Clothes and JOSB's countersuits? Do you think any of the 3 will win their cases? (Why or why not. ) 2. TCO G. It is discovered that two weeks before the Ellen show, she had sold $2 million in JOSB stock (at a gain of about $2,200). The morning after her show, Ellen sold JOSB short (which means she was betting the stock price would go down), and she made another $210,000 in the next week on that trade.The swing in the price was not directly tied to her comments, but was suspected to be a result of a recall JOSB made on their entire line of men's black and brown dress slacks when it was discovered that they had been sewn together with white thread. Ellen's previous trading activity shows that she made it a normal practice to â€Å"vigorously trade† the stock of any company with which she did business. A review of her trading activity for the past year showed that she had bought and sold JOSB stock 25 different times, includi ng short sales like this one.Her overall trading for JOSB stock for the last 12 months was a net loss of $82,000. 00. Do you think the SEC will file anything against Ellen for her sales of JOSB? Is there any cause to do so? Analyze her transactions with respect to insider trading activity (based on what you know) – and whether she should be concerned. Is her prior trading activity a defense? Should Ellen have avoided discussing JOSB publicly on her show since she typically trades their stock? (Points: 30) 4 weeks ago Magnus Grimmers 0 Add a comment http://mgmt520. blogspot. com/search? pdated-min=2013-01-01T00:†¦00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 15 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM †¦ : Google 4 weeks ago MGMT 520 Week 1 Dq 1 National and international ethics – Patent rights download [http://homeworkfox. com/tutorials/business/12951/mgmt-520-week-1-dq-1-nation al-andinternational-ethics-patent-rights/] National and international ethics – Patent rights In the fall of 2001, anthrax was used as a weapon of terror in the United States, when it was ent to numerous media and political organizations and individuals, including Tom Brokaw of NBC News, Dan Rather of CBS News, and US Senators. According to a report from the CDC, 22 people who were infected with the anthrax spores which were mailed out in two separate attacks, and of those, five persons died. (CDC) Fortunately for many of the victims, once it was established and known that anthrax was the cause of the illnesses (and deaths), Bayer was able to provide for sale to the victims and to others who feared becoming victims, a drug they had invented and patented called â€Å"Cipro. Bayer, AG, is a German based company, which has plants in various countries, the U. S. included. Bayer was founded in 1863 and is well known for its trademarked â€Å"aspirin† (1899) but not so promi nently known for its trademark of heroin in 1900, marketing it for decades as a children's cough medicine. During the first and 2nd world wars, Bayer was involved in chemical warfare manufacturing and has spent a considerable amount of time and money overcoming some of the repercussions of their involvment in those wars and the atrocities which occurred during them.Despite this, they remain a well-respected name brand in many households throughout the world. (GMWatch) Bayer had paid reparations after World War II and had its patent for aspirin stripped from it and awarded to a US Company due to its involvement with the World Wars. Bayer wasn't allowed to even use its name until 2000 and so during the anthrax crisis, kept a low profile as a deliberate means to avoid appearing â€Å"exploitive of the problem† of the anthrax scare in the U. S.Once the anthrax scare happened, however, Cipro went into high demand, and people all over North America were stockpiling the drug, making it even more scarce and driving up the cost. Because only people with prescriptions could purchase the drug in the U. S. , Mexican pharmacies capitalized on the market and starting selling it to the US citizens for a huge profit. Canada became frustrated with Bayer's refusal to answer their questions about its ability to meet production needs in the event the anthrax crisis went global. It http://mgmt520. blogspot. com/search? pdated-min=2013-01-01T00:†¦00-08:00&updated-max=2014-01-01T00:00:00-08:00&max-results=23 Page 16 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM suspended Bayer's patent and ordered other drug companies to produce their generic formulas. Bayer immediately threatened such companies with litigation in the event they violated the patent on Cipro. (Jennings) The U. S. Congress began considering suspending the Cipro patent as well. The CDC announced a warning to people stockpiling Cipro that it was a dangerous dr ug with serious side effects which people should not use without medical supervision.Many argued that the US suspension threat was simply used to negotiate down the price of Cipro, and in fact, Health and Human Services Secretary Tommy Thompson was instrumental in these negotiations. At no time during the situation was Bayer unable to fulfill the orders or needs for Cipro. Bayer had $1 billion in Cipro sales in the year prior to the anthrax attacks (Herper, 2001) At the time of the crisis, Bayer's statement of corporate values was: Our goals are to steadily increase corporate value and generate a high value added for the benefit of our stockholders, our employees and the community in every country in which we operate.We believe that our technical and commercial expertise involves responsibility to work for the common good and contribute to sustainable development. (Jennings, 2008) Now, more than a decade after the crisis, you can review Bayer's newer mission and values statements on their US website (http://www. bayer. com/en/mission—values. aspx). Let's discuss this scenario using the ethical dilemma resolution models and the information about social responsibility in our text, as well as using the International Code of Ethics article you can find here or in doc-sharing, authored by our textbook author, Marianne Jennings.Are there situations in which a company, for the common good, must give up the economic advantage accorded by intellectual property laws? Should Bayer have followed its own credo more than it seemingly did? Was it unethical in threatening litigation to those who attempted to thwart its patent rights? And was the US and Canada unethical in using their governmental actions in ignoring patent law to gain a negotiating edge in getting the price of Cipro lowered during the crisis? Would an International Code of Ethics have assisted in this scenario? 4 weeks ago Magnus Grimmers 0Add a comment 4 weeks ago MGMT 520 Week 1 Dq 2 As the pendulu m swings. Ethics and the Law download [http://homeworkfox. com/tutorials/business/12952/mgmt-520-week-1-dq-2-as-thependulum-swings-ethics-and-the-law/] As the pendulum swings. Ethics and the Law. All of us know what happens when a pendulum rests at the bottom of its swing, with nothing acting upon it. It quietly waits for something to start its movement. However, once something has started it swinging, we have all witnessed how long it takes for it to stop – the heavier the pendulum the higher it http://mgmt520. logspot. com/search? updated-min=2013-01-01T00:†¦00-08:00-max=2014-01-01T00:00:00-08:00-results=23 Page 17 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM swings. Law, Ethics and Politics work together like a Newton's cradle – a conglomeration of multiple pendulums which collide, sending each one higher in the air, with every â€Å"click† at the bottom of the swing forcefully sending the others shooting off in other directions. We've decided to start this course off with a pendulum swinging.Over the last few years, we have witnessed unprecedented financial devastation throughout the business and banking world. This all has occurred AFTER the pendulum swinging regulations which were put into place and are discussed in Chapter 2 of your textbook – Enron, Worldcom, and other ethically challenged companies caused Congress to pass legislation (Sarbanes-Oxley) which was supposed to protect companies and the public from unethical behavior by their leaders. Marianne Jennings refers to prosecutors as â€Å"ethical officers† in companies listed on the call-out on page 62 – AIG, Bear Stearns, Morgan Stanley, and KPMG.Of these firms, we have witnessed the implosion of some of them and all of their roles in these companies is open to discussion this week. My question to you for the beginning of our dissection of the relationship among the law, politics and ethics: Is law t he catalyst for starting the pendulum swinging? Or is it ethics? Politics? Or all three — and of the three — which one SHOULD be the catalyst? Our textbook author wrote an article in 2010 for The Arizona Republic entitled â€Å"The Moral Hazard of Walking Away from Debt† reprinted in our textbook on pp. 491-492.Reading this may assist you in collecting your thoughts about this thread. When we see that the interaction of all three can impact our wallets, our ability to purchase a home and our children's or grandchildren's ability to live like we do — is it our job as business professionals to avoid unethical behavior which will set off the Newton's cradle? For example – the U. S. home mortgage crisis has impacted the world's global economy. Do we have an ethical responsibility to do something about this? What other industries have had major international impacts caused by the U. S. ctions? And what is it that we should do? 4 weeks ago Magnus Grimm ers 0 Add a comment 4 weeks ago MGMT 520 Week 2 Dq 1 Administrative Regulations Discussion download [http://homeworkfox. com/tutorials/business/12953/mgmt-520-week-2-dq-1administrative-regulations-discussion/] Week 2: Administrative Regulations – Discussion Chapter 5, Problems 7 and 4 (graded) Please study the problem found in e-book Chapter 5, problem 7, and answer the following questions: On appeal to the U. S. Supreme Court, 1. Can the statute survive a constitutional challenge? 2.Is there a â€Å"rational basis† for the statute? http://mgmt520. blogspot. com/search? updated-min=2013-01-01T00:†¦00-08:00-max=2014-01-01T00:00:00-08:00-results=23 Page 18 of 30 MGMT520 Entire Course (Legal, Political, Ethical Dimensions of Business) 3/1/13 11:20 PM 3. What effect does the evidence to the contrary have on the statute's constitutionality? We will also read and discuss Chapter 5 problem 4 in this thread, the Pike v. Bruce Church case. Note that this case is available online, but heads-up! The U. S. Supreme Court has overturned a significant part of it.We will talk about this and â€Å"judicial review† during the week as well. Much to do! 4 weeks ago Magnus Grimmers 0 Add a comment 4 weeks ago MGMT 520 Week 2 DQ 2 Too much regulation – or not enough download [http://homeworkfox. com/tutorials/business/12954/mgmt-520-week-2-dq-2-too-muchregulation-or-not-enough/] Week 2: Administrative Regulations – Discussion Too much regulation – or not enough? (graded) On pages 209 through 213, your textbook has a series of cases and problems, most of which have been taken from real cases in the United States regulatory world of business.Each case has a unique feature to it, and provides future business leaders with guidance about the landmines which await when the government gets in line to attempt to regulate your business. Every day, profitable businesses meet hurdles of regulation which happen seemingly â€Å"out of the blue. † Yet, under the Administrative Procedures Act (which exists at the federal level as well as in many if not most states, which have their own acts), rules of publication and due process do come into play.Savvy business leaders stay in front of these new and proposed regulations through many avenues, which we will explore and discuss this week, along with a fact scenario. As way of background, let us take you through a few of the cases in the book. First, problem seven, page 211, Chapter 6: In 1994, the company which owned Hooked on Phonics, Gateway Educational Products, Inc. , entered into an agreed settlement with the FTC whereby they agreed not to make claims about how their product assisted young readers without proof from extensive research which supported their advertising claims.This was despite results from a yearlong study of several first-grade classrooms which showed vast improvement in students' reading skills. (Nathans, 1994) The FDA regulates new drugs and medical procedures for the U. S. , as discussed in your textbook problem number eight, page 211, Chapter 6. However, the FDA's control is limited by law. The U. S. Dept of Health and Human Services is the federal dept to which the FDA reports. You can review the FDA's role in Lasik surgery on their very extensive website found at http://www. fda. gov (FDA role page: http://www. da. gov/MedicalDevices/ProductsandMedicalProced

Global Industrial Silica Sand Market 2012 – 2016 – Industry Monitor.Co

IndustryMonitor. Co announces addition of new report â€Å"Global Industrial Silica Sand Market 2012 – 2016† in it’s database. To book your copy of this report @ http://www. industrymonitor. co/report/166461-global TechNavio's analysts forecast the Global Industrial Silica Sand market to grow at a CAGR of 4. 50 percent over the period 2012-2016. One of the key factors contributing to this market growth is the increased adoption of industrial silica sand for hydraulic fracturing. The Global Industrial Silica Sand market has also been witnessing the increasing focus toward R activities.However, increasing use of recycled silica sand could pose a challenge to the growth of this market. TechNavio's report, Global Industrial Silica Sand Market 2012-2016, has been prepared based on an in-depth market analysis of the market with inputs from industry experts. The report covers the Americas, and the EMEA and APAC regions; it also covers Global Industrial Silica Sand marke t landscape and its growth prospects in the coming years. The report also includes a discussion of the key vendors operating in this market.Key vendors dominating this market space include namely Quarzwerke GmbH, U. S. Silica Holdings Inc. , Fairmount Minerals Ltd. , and Sibelco Group For Request The Sample of this Report Visit: http://www. industrymonitor. co/sample/sample/166461 Other vendors mentioned in the report: Preferred Sands LLC, Xinyi Golden Ruite Quartz Materials Co. Ltd. , Xuzhou Shihang Silica Sand Co. Ltd. , Zhuzhou Kibing Group Co. Ltd. , J. R. Simplot Co. , Pattison Sand Co. LLC, and CEMEX SAB de CV. Key questions answered in this report: What will the market size be in 2016 and at what will be the growth rate?What are key market trends? What is driving this market? What are the challenges to market growth? Who are the key vendors in this market space? What are the market opportunities and threats faced by key vendors? What are the strengths and weaknesses of each o f these key vendors? Latest Report: Global Advance Process Control Software Market 2012 – 2016 : http://www. industrymonitor. co/report/166460-global TechNavio's analysts forecast the Global Advance Process Control Software market to grow at a CAGR of 10. 67 percent over the period 2012-2016.One of the key factors contributing to this market growth is the migration from legacy system to Advance Process Control software. The Global Advance Process Control Software market has also been witnessing the development of customized APC software. However, lack of awareness about APC software could pose a challenge to the growth of this market. TechNavio's report, Global Advance Process Control Software Market 2012-2016, has been prepared based on an in-depth market analysis of the market with inputs from industry experts.The report covers the Americas, and the EMEA and APAC regions; it also covers Global Advance Process Control Software market landscape and its growth prospects in the coming years. The report also includes a discussion of the key vendors operating in this market. Contact Us: Hemendra Pratap State Tower 90 State Street, Suite 700 Albany, NY 12207 United States Tel: +1-518-618-1030 [email  protected] co Website: http://www. industrymonitor. co/ Blog: http://industrymonitorblog. blogspot. com/

Beowulf, the Tragic Hero

For example the battles he fought against Grendel, Grendels Mother, and the dragon. Other then his enormous ego along with his cockiness that put him into bad situations, he also embraced the characteristics of a great leader that many looked up to. In many parts of the poem Beowulf performs many courageous tasks that no one else would even try, making him one that should be idolized. To start off, Beowulf plans out his battle with Grendel. In the very beginning Beowulf tells his people and Hrothgar that he wants to battle and kill Grendel with his owns hands. This part shows his over confident ego because he thinks he is so mighty and strong. While Grendel made his way to attack Herot, Beowulf pretended that he was asleep just as Grendel would see. As it says in lines (739-746) Grendel snatched at the first Geat†¦ (Line745) He then stepped to another still body, clutched at Beowulf with his claws. Beowulf suddenly leaned up against Grendel’s arm attempting to get back at him. Grendel was very fearful and at that very moment he didn’t even want to kill, he wanted to get away. Grendel struggled until he was free, but he ran free without his arm. Beowulf ego once again ties into this because he claims that it was â€Å"fate† that he got away and was not his fault. On the other hand, Beowulf went out of his way to protect Hrothgar and his people when no one else would stand up. The second instance where Beowulf finds himself in another situation is when Grendel’s Mother demands to avenge the death of her son. She then decides to kill one of Hrothgars men, who so happens to be Esher, his dearest advisor. After finding out that he had been killed, Hrothgar had summoned Beowulf asking for help once more. Beowulf agrees and battles her at her wretched home. In this confrontation Beowulf decides yet once again to be on his own and defeat the nasty old hag. With one slash of his sword he gets rid of her and is repeatedly praised for his courageous actions. As mentioned reviously, Beowulf always put people before himself, which embraced his characteristics of a tragic hero. Last but not least, Beowulf battles the dragon. It began with a slave that had stolen a golden cup from the dragon’s lair. For the final time, Beowulf’s over confident ego ties into it one final time. We know at this point in time, that Beowulf is at an old age and is becom ing weak. Therefore, he insists to fight the dragon by himself. Beowulf’s decision to fight alone is a reoccurring action, if you can not tell. Ultimately the dragon begins to beat Beowulf; his haughty attitude does not comply with his initial strength. At this moment in time, it leads to Beowulf’s downfall with his final attempt at battle. As he dies he finds the strength to slay the dragon hoping to save his people, one last time. With the death of Beowulf he achieves the fame he has always longed for. Beowulf’s courageous and brave actions along with his tragic death prove that he is a true hero. The events of this epic poem conclude that even heroes too are acceptable to tragedies. Although Beowulf was not perfect, he without a doubt portrayed the definition of a tragic hero. Beowulf, the Tragic Hero For example the battles he fought against Grendel, Grendels Mother, and the dragon. Other then his enormous ego along with his cockiness that put him into bad situations, he also embraced the characteristics of a great leader that many looked up to. In many parts of the poem Beowulf performs many courageous tasks that no one else would even try, making him one that should be idolized. To start off, Beowulf plans out his battle with Grendel. In the very beginning Beowulf tells his people and Hrothgar that he wants to battle and kill Grendel with his owns hands. This part shows his over confident ego because he thinks he is so mighty and strong. While Grendel made his way to attack Herot, Beowulf pretended that he was asleep just as Grendel would see. As it says in lines (739-746) Grendel snatched at the first Geat†¦ (Line745) He then stepped to another still body, clutched at Beowulf with his claws. Beowulf suddenly leaned up against Grendel’s arm attempting to get back at him. Grendel was very fearful and at that very moment he didn’t even want to kill, he wanted to get away. Grendel struggled until he was free, but he ran free without his arm. Beowulf ego once again ties into this because he claims that it was â€Å"fate† that he got away and was not his fault. On the other hand, Beowulf went out of his way to protect Hrothgar and his people when no one else would stand up. The second instance where Beowulf finds himself in another situation is when Grendel’s Mother demands to avenge the death of her son. She then decides to kill one of Hrothgars men, who so happens to be Esher, his dearest advisor. After finding out that he had been killed, Hrothgar had summoned Beowulf asking for help once more. Beowulf agrees and battles her at her wretched home. In this confrontation Beowulf decides yet once again to be on his own and defeat the nasty old hag. With one slash of his sword he gets rid of her and is repeatedly praised for his courageous actions. As mentioned reviously, Beowulf always put people before himself, which embraced his characteristics of a tragic hero. Last but not least, Beowulf battles the dragon. It began with a slave that had stolen a golden cup from the dragon’s lair. For the final time, Beowulf’s over confident ego ties into it one final time. We know at this point in time, that Beowulf is at an old age and is becom ing weak. Therefore, he insists to fight the dragon by himself. Beowulf’s decision to fight alone is a reoccurring action, if you can not tell. Ultimately the dragon begins to beat Beowulf; his haughty attitude does not comply with his initial strength. At this moment in time, it leads to Beowulf’s downfall with his final attempt at battle. As he dies he finds the strength to slay the dragon hoping to save his people, one last time. With the death of Beowulf he achieves the fame he has always longed for. Beowulf’s courageous and brave actions along with his tragic death prove that he is a true hero. The events of this epic poem conclude that even heroes too are acceptable to tragedies. Although Beowulf was not perfect, he without a doubt portrayed the definition of a tragic hero.

My experience of significant stressor Assignment

My experience of significant stressor - Assignment Example Panic is one outcome of a stressful situation that numbs down any feasible accurate responses and overcoming it can be a challenge in itself. I was to catch a local flight from Bali to Jakarta and then fly back home through an international one. I arrived at the airport on time and since there was time left for the boarding side to open, I ended up reading a book on a nearby bench. Time went by and I was so consumed in the book that the boarding opened and I could not check in on time. I kept looking at the desk side but since there was no sign put up, I missed my chance to get the boarding pass. When I noticed that an awful lot of time had passed by and I checked with the main counter, I was told that the flights boarding was now closed and I had n option but to wait for the next flight available. I panicked and my heart beat went up. My stomach started to churn in an uncomfortable manner and I had no idea what to do. Even in an air conditioned airport, I felt like I was sweating and my palms were wet. My breathing was high and being clueless, I felt miserable. I gathered enough courage to have some water and calm my nerves. After settling down, I went to the help center to ask for the list of flights but unfortunately there were none available since it was a weekend and the flights were full. My immediate response was to inform my family back home and then to prepare myself for the delay. I managed to email my father about what had happened and then I kept checking the help desk to see if any flights had seats available. I managed to catch a flight to Jakarta but the situation that was created at that time was an unforgettable one. The stress that I faced during that time when the lady at the help desk informed me that there were no available seats for the next two days was unexplainable. After panicking for a while, I ended up thinking clearly and behaving accordingly instead of giving up and taking an incorrect

Pick Your Brand Essay Example | Topics and Well Written Essays - 250 words

Pick Your Brand - Essay Example In order to bring a product out in the market, one must understand its importance to the consumers. For instance, the Coca-Cola Bottlers Company knows that there is a need for drinks that will not just quench consumers’ thirst but will also provide enjoyment. Nowadays, there are a variety of drinks they have in the market aside from sodas. However, due to competition, the company does not stop there. It has a lot of new drinks to discover and produce as well as develop. To ensure success, the company needs researchers to work on the needed information, survey consumers about what they want in a product or study what else could be done to improve a product that is currently in the market. Psychologists are also needed to study the feasibility of a hit in the market as they look deeper into what makes consumers tick. Once this basic information is determined, chemists and other employees are consulted for the production. The psychologists include to their work studying the advertisement. They study what attracts people’s attention, what would make them want to try the product and include these elements in a well-presented advertisement. Developing a product may be difficult but once done, it is

Information System Analysis (Case study) Essay Example | Topics and Well Written Essays - 750 words

Information System Analysis (Case study) - Essay Example I will present the main system modeling design and overview. For this purpose I will use UML diagrams like that class diagram, data flow diagram, Context diagram, Use Case diagram. I will also present the detailed analysis of the system Decision Tree. The Entity Relationship Diagram (ERD) will be main components of the system designing and modeling. The system of GB Manufacturing is going to computerize the overall system working and management of tasks. The aim of new system is to present the better system handling and management of employees and equipment. This new system will computerize the whole record of the tracking and maintenance of workers equipment and check in and check out. Here we will develop a main system databases that will record the system working and transaction. This database will store the data regarding the employees, their check in, check out, equipment and tools they take and skills. The main reason behind this system development is to computerize the overall working and tracking. This will reduce the working load and enhance the power of the workers and mangers to the effectively mange the project and working. This section will discuss the main components of the new system. These components will work as unit to mange the whole system working and tracking. This system will compose of following main components: I have accessed the above system working areas and found that these aspects are the main system modules those will perform main functionalize. The system will be a centralized system that will handle the working transaction and schedules of the employees working. Here we will pay attention on better modeling of the system scheduling aspect because this is the main working functionality of this system. In this section of the user modeling I will present the main system’s Context diagram that will demonstrate the working and behavior of the existing physical system. Then I will discuss about the 0 level

Master slave relationships in Shakespeares The Tempest Essay

Master slave relationships in Shakespeares The Tempest - Essay Example (I, ii, 519-520). The word ‘slave’ is repeatedly used in the text to refer to Caliban which throws light on the European attitudes towards the people they conquered through imperialism. Similarly, Prospero calls Caliban â€Å"beast† (IV, i, 140), â€Å"devil† (IV, i, 188) and other derogatory terms to refer to his savagery and uncivilised ways. Even though Prospero claims to have imposed penalties on Caliban for violating the honour of his daughter (I, ii, 347-48) one really tends to doubt whether Caliban really deserves all those punishments inflicted on him. Tiffany, in this respect, purports that Caliban’s attempted rape on Miranda â€Å"stemmed from untaught natural impulse than from considered evil.† However, Caliban is destined to suffer from the wrath of his master. However, Caliban is not always submissive or servile. He reacts and yearns for his freedom and rights like a true colonist. His poems display both imaginative and intellectu al capabilities. He is bold enough to state that the island was presented to him by his mother: â€Å"This island’s mine by Sycorax my mother† (I, ii, 331) and thus he expresses his rightful claim to own the island. In the same way, Caliban’s intense longing to take revenge on his master is also evident in the play when he joins with Stephano and Trinculo to plot against Prospero. His revengeful attitude also made clear when he regrets of not being able to molest Miranda. He believes that if he had succeeded in his rape attempt he could have â€Å"peopled..../This isle with Calibans† (I, ii, 350-51) and taken the power back from Prospero’s hands. Thus, Caliban’s character displays feelings of... This paper illustrates that one can find Prospero’s magical powers being highlighted in The Tempest whereas his oppressive nature is depicted as subtle. However, deconstructive critics hold that â€Å"each term in the opposition depends on the other for meaning† and as such it is clear that Prospero masterly position in the play is directly related to Caliban’s servile or beastly existence. A deconstructive understanding of the text shows The Tempest is not merely a story of an island inhabitant and his master; on the other hand, the text aims at breaking the legacy of colonialism or imperialism that underpinned Britain’s history of slavery and empire. It can thus be seen that The Tempest deals with the themes of power and control within a master slave relationship between Prospero and Caliban. Caliban remains a servant to many masters varying from his mother Sycorax, the original colonizer to Stephano whom he takes as his own master to challenge Prospero. One can clearly notice that a number of characters in the play compete for the colonial control of the island and each one has specific colonial ambitions for the island. Even though Prospero succeeds in retaining the control of the island against all conspiracies his rule and the way he treats Caliban who is the rightful owner of the island raises questions of fairness, morality and rights. Thus, it is evident that the play depicts all the necessary tensions, uncertainties and master-slave relations that characterise colonialism and both Prospero and Caliban are signifiers for the greater imperial world order.

The World of Work Skills Certificate Essay Example | Topics and Well Written Essays - 1000 words

The World of Work Skills Certificate - Essay Example I am attracted to structural designing in light of the fact that I like the thought of molding my general surroundings to meet the requests without bounds. I seek after a testing profession which I will discover expressly compensating and have the capacity to feel that I have given something back to the society. Â  Scholastically, science has dependably been my primary intrigue and is the territory in which I am generally capable. I delighted in science, specifically finding out about human effect on nature. In any case, amid my grades in school, I understood that my advantage lay more profound in maths and material science. I delighted in the critical thinking included inside of my subjects and the way a genuine circumstance could be communicated and controlled scientifically. What I discovered especially fascinating was relating what had learned in the classroom to genuine circumstances, which is the thing that gave me more enthusiasm for structural building - the request of a testing profession where I would have the chance to hypothetically take care of issues and essentially apply answers for beneficially affect my general surroundings. Â  Amid my whole year, I have had a few work experience positions in different gifted exchanges, for example, building and joinery. Through joinery, I picked up energy about the requirement for precise outline and development, and in addition a learning of the employment of wood as a building material. In spite of the fact that a significant part of the building work I have attempted was in development, I observed it to be the priceless experience. For instance, whilst building a carport I learned about the significance of good outline and having so as to arrange to translate the plans keeping in mind the end goal to decide what number of blocks would be required.

History of Psychology Essay Example | Topics and Well Written Essays - 1250 words

History of Psychology - Essay Example Same is with the study of different kinds of areas of education. Psychology is a kind of social science that has emerged to be one of the prime aspects of life today. All the marketing activities are revolving around the concepts of psychology which have evolved over the last 100 years. The research and development that has taken place has multiplied with each passing year. All the fundamental aspects of human life and functioning are now explained through the various concepts of psychology. Hence psychology has become an integral part of our lives. The type and extent of research that was done at the start of 1900s was different from what it is today. Methods of research are increasing, and developing; providing room for improvement to the research that was already present. Also the theories and concepts which were popular in the start were not as important as more concepts were coming as research was growing. A cross-sectional analysis of the studies which were conducted in two different time frames would provide one with a better picture regarding the difference of opinions, topics and concepts in different eras. For this purpose, two articles have been chosen pertaining to different eras of the 1900s. Thorough analysis of these articles would help us understand the evolution of research and concepts in psychology. The first article that has been chosen was published in 1914 in the Psychological Bulletin/ Psychological Review Company, named as "Psychology of religion". This article was written by Elsworth Faris and advocated the different concepts prevailing regarding religion in the world and their linkage to the psychology of human beings. The other article was chosen from the same journal but published in 1958. The opening remarks from the symposium on relationships between religion and mental health, delivered by Herman Fiefel, were chosen to be analyzed. Like the previous article this article also talks about the relationship between religion and its effect on the mental state of mankind. (Faris, 1914) To start off with, religion has a fundamental link with the mental health and stability of a person. It has been established that believing in the presence of the unknown power above us helps us to live better/accountable lives in this world. It makes us responsible for our actions and can help make the world a better place. This topic has been discussed and researched upon over the years by scientists and results have shown linkage between the two aspects of life. While going through the first article, one notices that the common concept of psychology and religion, pragmatism, is being discussed; the fact that at that time all the concepts were considered important only when they were proved. Pragmatism talks about the purposes behind everything and not a single purpose; it strives to prove to concepts. In the article, the author believes that the faith Christianity is the epitome of the riddle of existence. Although the article clearly mentions that education is an important factor in the development of sound religious concepts. Education helps the person identify with the key facts of the religion; these facts are the presence of a single power which can help them with thing; the fact that they will be offered redemption, the existence of evil and the presence of self-esteem of man. These beliefs are

MULTI-HAZARD RISK ASSESSMENT, USING COLOUR MAPPING ON NATURAL Essay

MULTI-HAZARD RISK ASSESSMENT, USING COLOUR MAPPING ON NATURAL DISASTERS i.e FLOODING, EROSION - Essay Example Luiz, in his book ‘The 1755 Lisbon Earthquake: Revisited’, states that multi-hazard risk assessment considers three issues which include the interaction of generically different types of hazards, comparison of different types of risks from financial and disaster management points of view, and finally the consequential risks for industrial production, infrastructure, and the economy. Moreover, in the case of an imaginary disaster workshop, there exist aims to be achieved, objective messages for Non-Governmental Organisations and locals, solutions in multi-hazard assessment, as well as target information from the multi-hazard risk assessment using colour mapping on natural disasters. Colour mapping, also known as colour coded mapping is a risk assessment tool that allows objective and visual determination of risk levels. It also provides a route on which priority events can be identified hence easy assigning of responsibilities and determination of actions to be taken. Thi s method of colour coding was developed by Maria Dineen, as a result of the growing need to manage the increasing volume of incident investigations. Initially, Maria established only three incident grades. These grades include Green to represent minor events that do not require follow-up, yellow for moderate events that require local management action and red to represent significant events that require senior management attention. Later, orange was also introduced to represent events that, although not requiring follow up by the senior management, they should be reviewed and monitored by relevant local management teams (â€Å"Consequences UK†). Risk assessment aims at identifying, measuring, quantifying, and evaluating the worst effects of natural hazards in a comprehensible and comparable way (Haimes, 2009). The use of colour mapping in risk assessment by an organisation aims at various things. First, an organisation aims at introducing clearly defined levels of accountabil ity for action and learning from adverse events. Secondly, organisations aim at curbing disasters and risks before they take place. Colour coding enables an organisation to identify any potential disasters. In addition to that, organisations aimed at risk assessment are required to explore safety and quality to ensure that no one is hurt in the future. It also aims to reduce consequential risks that may take place after a disaster has passed. This aims at creation of a safety culture in the organisation. Another aim of using colour mapping in multi-hazard risks assessment, is to use it as a tool for qualitative analysis. Qualitative analysis is important in the incident management process. Colour mapping gives a quality analysis since it eases the analysis process. The concentration of one colour over a certain region on a map show the level of risk experienced in that area without necessarily requiring an expert’s interpretation. More so, colour coding enables a systematic d etermination of the events that require more attention. For instance, colour red represent an urgent attention to a certain area; so more concentration and spread of it shows that a larger area is at a high level of risk (Zhang, 2009). However, it goes without saying that challenges will be faced in application of colour mapping. In most cases, it is possible for someone to confuse between code red and code orange which are different although they represent very close levels of risk. This can compromise the

Health Care Reform Essay Example for Free

Health Care Reform Essay Health Care Reforms The affordable care act came in to effect on March 2010. It is a four years plan that will affect the delivery of care to the 250 million Americans. (Swanton, 2012). The Affordable Care Act includes numerous provisions to support millions of Americans to keep the Health care costs low, promote preventive care such as colonoscopies and mammogram, and other services readily available to promote prevention of the disease and hold insurance companies accountable for the safe delivery. (Hill, 2012). The health care reform act intended to make the health care more affordable for all and make health care more safe. There were several aspects of the health care system that the reform would impact such as the employer to provide health insurances to their employees, health coverage for adult children by the protected by the parents insurance. And the reimbursement to the hospitals based on the quality of service provided rather than the quantity of the service. Goals of the reform The health reform also known as the Patient Protection and Affordable Care Act (PPACA), of 2010 will have a profound influence on health care in the United States. A major goal of the Act is to improve access to affordable, quality health care. In the year 2007, the health care statistics showed that there was increase in the ineffective care provided to the patients which consumed vast majority of the health care funds (Hills, 2010). The insurance companies also dictate the care for the patients and denied care for those who had preexisting health conditions, or provided health care at a very high cost. There was a great need for the reform in the health care system. The three main goals of the PPACA are, (1) expand access to health insurance coverage, (2) improve affordability and sustainability for those who have health care insurance, and (3) control the rising costs of health care while improving quality (Cutler, 2010).Based on these goals, the health care providers, the insurance companies, the patients and the system itself will be affected. An important element in achieving this goal will be to learn from patients experiences and build the foundations for personalized care for the patients. (Hill, 2010). Cutler (2010) states, the initiative will require, â€Å"partnership among researchers, clinicians, policy makers and regulators, and patients to design an  integrated information network system that will be the basis for providing the right treatment for the right patient in the right place at the right time (p.45). Thus with health care reform goals is to provide high quality of personalized care to the patient. Reference Cutler, W. (2010). Thinking outside the pillbox—medication adherence as a priority for health care reform. New England Journal of Medicine, 362(17), 1553-1555. Orszag, P. (2010). Health care reform and cost control. New England Journal of Medicine, 363(7), 601-603. Hill, B. J. (2012). What is the meaning of health? Constitutional implications of defining medical necessity and essential health benefits under the affordable care act. American Journal of Law and Medicine, 38(2), 445-70. Retrieved from http://search.proquest.com/docview/1038820105?accountid=13931

Heart and Cardiac Muscle Essay Example for Free

Heart and Cardiac Muscle Essay What is the heart? The heart is the organ that supplies blood and oxygen to all parts of the body. It is about the size of a clenched fist, weighs about 10.5 ounces and is shaped like a cone. The heart is located in the chest cavity just posterior to the breastbone, between the lungs and superior to the diaphragm. The heart is surrounded by a fluid filled sac called the pericardium. Blood is pumped away from the heart through arteries and returns to the heart through veins. The major artery of the body is the aorta and the major veins of the body are the vena cavae. Chambers of the Heart The heart is divided by a partition or septum into two halves. The halves are in turn divided into chambers. The upper two chambers of the heart are called atria and the lower two chambers are calledventricles. The atria receive blood returning to the heart from the body and the ventricles pump blood from the heart to the body. Valves allow blood to flow in one direction between the chambers of the heart. The Heart Wall The heart is composed of cardiac muscle which enable the heart to contract and allow the synchronization of the heart beat. The heart wall is divided into three layers: the epicardium, myocardium, and endocardium. * Epicardium outer protective layer of the heart. * Myocardium muscular middle layer wall of the heart. * Endocardium inner layer of the heart that is continuous with the inner lining of blood * Cardiac Conduction * Cardiac conduction is the rate at which the heart conducts electrical impulses. Cardiac muscle cells contract spontaneously and are coordinated by nodal tissue, specifically the sinoatrial node. There are other factors that influence heart rate as well. These include endocrine hormones, body temperature and exercise. * Cardiac Cycle * The cardiac cycle is the sequence of events that occur when the heart beats. There are two phases of this cycle which are the diastole and systole phases. During the diastole phase, the atria and ventricles are relaxed and blood flows into the atria and ventricles. In the systole phase, the ventricles contract sending blood to the rest of the body. A heartbeat is a two-part pumping action that takes about a second. As bloodcollects in the upper chambers (the right and left atria), the hearts natural pacemaker (the SA node) sends out an electrical signal that causes the atria to contract. This contraction pushes blood through the tricuspid and mitral valves into the resting lower chambers (the right and left ventricles). This part of the two-part pumping phase (the longer of the two) is called diastole. The second part of the pumping phase begins when the ventricles are full of blood. The electrical signals from the SA node travel along a pathway of cells to the ventricles, causing them to contract. This is called systole. As the tricuspid and mitral valves shut tight to prevent a back flow of blood, the pulmonary and aortic valves are pushed open. While blood is pushed from the right ventricle into the lungs to pick up oxygen, oxygen-rich blood flows from the left ventricle to the heart and other parts of the body. After blood moves into the pulmonary artery and the aorta, the ventricles relax, and the pulmonary and aortic valves close. The lower pressure in the ventricles causes the tricuspid and mitral valves to open, and the cycle begins again. This series of contractions is repeated over and over again, increasing during times of exertion and decreasing while you are at rest. The heart normally beats about 60 to 80 times a minute when you are at rest, but this can vary. As you get older, your resting heart rate rises. Also, it is usually lower in people who are physically fit. Your heart does not work alone, though. Your brain tracks the conditions around you—climate, stress, and level of physical activity—and adjusts your cardiovascular system to meet those needs. The human heart is a muscle designed to remain strong and reliable for a hundred years or longer. By reducing your risk factors for cardiovascular disease, you may help your heart stay healthy longer.

Collective Happiness And Individual Happiness

Collective Happiness And Individual Happiness Happiness is the concern both to the public and the philosophers. But the contradiction of individual happiness and the collective happiness is always the argument in many theories. In the view of Utilitarianism, collective happiness should be in the most significant status. In order to achieve this aim, it is worthy to sacrifice the minoritys individual happiness. But whether that is the most efficient and effective way? And in such a circumstance, whether the individual happiness can be fulfilled? The essay is talking about that under the points of Utilitarianism; the social aim is to achieve a greatest happiness for a greatest number of people. And according to this guide, as long as the action can lead to a good outcome, this action should be agreed and protected, even that is an action of killing innocent people. However, to be a human being living in such a society; the individual happiness cannot be remained because of the demand from the whole society. On the other hand, the individual happiness is the personal business which did not related with the collective happiness according to Chuang Tzu. The changes happened in outside world, no matter good or bad, are just the nature course of development. The individual wills and power cannot change it at all. The theory of Utilitarianism is talking to achieve the collective happiness, while Chuang Tzu focused on the individual happiness. But both of them are too extremely to peruse the one and abandon the other one. However there is no an original contradiction between these two happiness. The crux in it is the different understanding of the concept of collective happiness as well as the freedom to choose a happy life for individuality. In summary, there is no conflict between the collective happiness and individual happiness, and the freedom to choose constitute a part of human happiness, which will in turn help construct a happy society. The case of two patients According to the points from John Harris (1975), let us support that organ transplant procedures have been perfected; in such circumstances if two dying patients could be saved by organ transplants then, and these two patients named Y needs a new heart and Z needs a new lung. If a doctor cannot save the patients because of no spare organs in stock, no one will blame the doctor. If there are no spare organs in stock and none otherwise available, the doctors have no choice; they cannot save their patients and so must let them die. In this case we would be disinclined to say that the doctors are in any sense the cause of their patients deaths. (Harris, 1975) But if a doctor didnt save the patients in the situation of that there are other organs available. Everyone will criticize the doctor for his activity just like he has shot the patients dead. If surgeons have the requisite organs in stock and no other needy patients, but nevertheless allow their patients to die, we would be inclined to say, and be justified in saying, that the patients died because the doctors refused to save them. (Harris, 1975) These situations always happen in reality; everyone will make decisions and make some judgments following the common sense. But supposing that patients Y and Z own a chance to argue for their lives, they insist that the doctor should kill another healthy people to get the new organs for them. Although obviously that breaks the law, it is really a reasonable account in the side of the patients. They point out that if just one healthy person were to be killed his organs could be removed and both of them be saved. We and the doctors would probably be alike in thinking that such a step, while technically possible, would be out the question. (Harris, 1975) In the whole process, all of the steps seem to be justifiable. But we can find the contradiction in the difference between killing and letting die. The analysis of this case from the view of utilitarianism There are three core ideas in the theory of utilitarianism; the first one is the consequentialism. According to this first core idea, consequences are the unique standard to determine whether the activities are right or wrong. Therefore, killing people will become an action can be considered for the correct reason. There are a great many people believe that whether an action is right or wrong depends upon its consequences. So what makes something like killing another person wrong is that it is an act with a very bad consequence. (Driver, 2006) Back to the case of those two patients, the doctor killing a healthy people for the reason to save another two persons. The purpose of killing is to save life, so that the action of killing people is totally right and necessary. And in the view of utilitarianism, it suggests that we should do the things to purchase the best consequence which will have the best effects for the most people in the collectivity. Following this logic, doctor should and must kill the third the one to maintain the lives of his two patients because the number of two is greater than one. Saving two lives is meaningful to lead a good consequence, and killing one people to save another two is worthy. On the other hand, the principle of utility from the view of Bentham is also the basic of the theory utilitarianism. And both law and the individuals actions should be scrutinized according to this principle. By the principle of utility is meant that principle which approves of every action whatever, according to the tendency which it appears to have augment or diminish the happiness of the party whose interest is in question; orà ¢Ã¢â€š ¬Ã‚ ¦to promote or to oppose that happiness. (Driver, 2006) As the result, happiness or pleasure is the basic good in this theory, and it is also the intrinsic value; but what has intrinsic disvalue is pain-that is the basic bad. (Driver, 2006) And according the view from Bentham, the pleasure or happiness can be measured along with the following parameters: Purity (how much pain is accompanied by it); Intensity (degree of pleasure); Duration (how long it will last); Fruitfulness (ability to produce further pleasure); Likelihood of any act to produce it (probability of an actions bringing about the expected consequence.) (Driver, 2006) Back to the two patients case again, using the elements to calculate that whether it will lead to a pleasure or a pain. Purity Intensity: although one life will be lose in the process to save the two patients, but the pleasure of the two patients alive is great than the pain to lost one life. Whats more, saving the two lives, their lives will be extended by sacrificing the other one, and they can create more happiness and pleasure in the rest of lives, which is what they expect. Therefore the other elements are totally matched. Under the logic of utilitarianism, a doctor killing a healthy and innocent people to save his patients is the action can be calculated to achieve the greatest good for the greatest number of people and avoid the pain. We can treat this case happened in a society which just has four persons-the two patients, the doctor as well as the healthy and innocent people. However this situation can be extended to the real society. Support that the whole society is a big machine which was consisted of many different components. Once some components were destroyed, and sacrificed the other one can fix these problems, we should absolutely abandon this one to maintain the whole. That is the reason in the utilitarianism to scarify the minority to achieve the majoritys happiness or pleasure. That will also construct a good society as Bentham described. A good society is constructed according to the logic of utilitarianism The definition of a good society Human being always consider to build a good society in which each people can perform his/her strengths in a professional scope; and then the society will be developed and consolidated in a high degree cooperation. For instance, a man who has talent in learning and running, but his ability of learning is better than running, while he like running more than learning. As the result, in order to make the best effect to the society and earn the most for him, this man should stay in university to be a professor rather than take part in the Olympic Game to be an athlete. From the view of utilitarianism, that is the most efficient and effective way to fulfill the aim to build a good society. Because everyone in the society will have their own talent, as long as people can be in a status which is match with their strengths, that will make the greatest good for the greatest number of people. Otherwise, live in the circumstance like that; people can earn their most happiness or pleasure. Back to the choice of that man, if he prefers an athlete to a professor, that will diminish the positive effect to the society and go against the principle of utility. But there may be a contradiction between the individuals strength and the personal choice. Maybe someones favorites are not the things which he is good at. That is a dilemma for us-whether to choose the favorite or the strength? Following the logic of Utilitarianism, we should choose to develop in the scope of our strength rather than our favorite, because that will contribute to the collectivity, and construct a good society. The human being living in such a society Living in such a good society, everyone will have their own status, just like a component working in a big machine. Although it will make the machine work smoothly, it also makes the component lose its existence value. Because when there are some new or more valuable components appear, or other parts have some problems which need the component to scarify to fix, this single one will be put away. That will be ok in a machine, but talking about the reality, it will produce lots of social problems. Also use that man as an example; he is good at learning and running, and he should choose to be a professor because he is more talent in learning than running. In order to make the society gain the maximum happiness, he have to spent all his time in learning but not any other things. This is acceptable in Utilitarianism, as well as the view from consequentialism. Although it will lead to a good consequence, the individual engage in it will become a component working in the big machine which represents the collectivity, and lose his personality, but just passively contribute himself. Give an example about that, the man spent his life to study and finally became a professor to make a greatest happiness for the collectivity, but he know nothing except learning. If he is replaced by others or there is no need of professors for the further development, this man will be abandoned because of the principle of utility. Whats more, though this mans favorite is running, but for the purpose to achieve the aim of a good society, he have to choose to learn as his life career. And that is the individuals cost for the good society. But we have to ask whether that is the unique definition of a good society? And whether there must be a contradiction between a good society and personal choice as well as individual development? Personal happiness in the view of individuality from Chuang Tzu Relative happiness and absolute happiness According to Chuang Tzus theory about individuality, happiness can be divided into two different concepts; the first one is relative happiness while the other one is absolute happiness. Relative happiness will come true when someone follows ones nature which is various from different individuals. This happiness is non-controllable because it depends on the circumstance which including nature environment as well as human condition. Therefore, each ones happiness is unique, no one should impose his or her likes and dislikes on others. Happiness is relative to the nature of each being: what may be happiness for the marquis is not the necessarily happiness for a bird; what is happiness for the duck is not happiness for the crane. (Imamichi, Wong, Liu, 1998) However there are many ways in which freedom can be obstructed, for the reason that ones happiness is not always within ones own control. On the other hand, although the relative happiness is out of individuals control, human being can also pursue the absolute happiness. The general conditions to achieve this goal is that we have proper understanding of the nature of things as well as unaffected by external things or changes as it not dependent upon them. In a word, that required us to follow the nature, but identify the nature firstly. There is another line of Taoist thought, however, which emphasizes the relativity of the nature of things and the identification of man with the universe. To achieve this identification, man needs knowledge and understanding of still a higher level, and the happiness resulting from this identification is really absolute happiness. (Fung, 1960) According to Chuang Tzu, there are two ways to achieve the absolute happiness, that is the forget(à ¥Ã‚ ¿Ã‹Å") and understand(à ¥Ã…’-), and that is also the attitude to the outside world. This attitude insists the external factors are not regarded as significant. As a result we will not be affected by the changes of the world. Furthermore, changes, good or bad from the outside society are accepted as part of the natural course of development, so that the individual activities and happiness will not and should not be affected by the outside society. He is absolutely happy, because he transcends the ordinary distinctions of things. He also transcends the distinction between the self and the world, the me and the non-me. Therefore he has no self.à ¢Ã¢â€š ¬Ã‚ ¦He may rule the whole world, but his rule consists of just leaving mankind alone, and letting everyone exercise his own natural ability fully and freely. (Fung, 1960) In conclusion, Chuang Tzus theory insists that happiness is totally an individual business. If someones happiness has to depend on something, thats just a relative happiness, because this man cannot control or change his own relative happiness. However, in a society, everything is related with the nature development, therefore, the absolute happiness just can come true in the condition of staying alone and living far away from the collectivity. A contradiction or a combination There is an obvious diversity between the ideas in Utilitarianism and Chuang Tzu. The theory of Utilitarianism focuses on the collective happiness which can be extended to the individual scope. While according to the view from Chuang Tzu, individual happiness will be achieved by personal choose, but no related with the collective happiness and the outside world changing. Use the man talented in learning and running to explain the difference between these two theories. On the basis of Utilitarianism, even this man prefer running to learning, he still should choose to learn to be a professor for the reason that this will make the a greatest happiness for the whole society. But it ignores his individual happiness. Besides, according to the principle from Chuang Tzu, this man should prefer to be an athlete because of his talent and interested. Even his choice will make less happiness for the society than to be a professor; he should persist in it as usual. Because no matter the society become good or bad is the nature development for individual, this should not and cannot be influenced by the personal choice, ever worse to scarify the personal happiness to satisfy the social development. The theory of Utilitarianism treats the individual happiness and the collective happiness is completely a contradiction, and requires one to scarify itself to realize the other one. But from the points of Chuang Tzu, actually there is no relationship between individual and collectivity; individual person should be loyal to his or her interest and happiness and let alone the social development which is just the nature course. The first theory treats the individual happiness and collective happiness is entirety. But the collective happiness should be put on a more important status, and the individual persons living in it is just in the status to cooperate and service for the whole society. There is a separation in the process, once there is an interest conflict between them; the individual will be given up for certain. And that is the opposing view from Chuang Tzu; individual person and collectivity is totally different and irrelevant. Although this theory gives a specific definition about the individual happiness, it makes them separate from the whole society. And there is some objective voice for this theory. If an individual person lives outside the society, he or she will lose his or her social connection and social function. That makes the individual person cannot achieve his or her happiness without a specific social circumstances. Therefore, no matter describing these two kinds of happiness as a contradiction or treating them as two independent units, there is an alternative. But there is no original contradiction between two of them, the combination of them should be an appropriate way to be consider and achieve the win-win outcome. Conclusion Happiness cannot be calculated by adding the number of lives Happiness is the consequence what human being pursues for; but there is no a specific definition of happiness. In the case of those two patients, happiness means a greater number of lives and longer lives. As the result, it is worthy to sacrifice another one to save their lives. But that will bring out another problem. If these two patients are old people, even a successful organ transplant surgery can just give them a few years of life. And unfortunately, the doctor killed a young people to gain his organs. Whether it is still a happy ending of this case? It might of course be objected that it is likely that more old people will need transplants to prolong their lives than will the young, and so the scheme would inevitably lead to a society dominated by the old. (Harris, 1975) In the situation like that, the formula of happiness is not feasible. Although a greater number of lives will remain, there is another problem come along come with itwhether the number of lives will equal to the value which these lives can create? Does the productivity of elderly people correspond to the younger people? Obviously, human being cannot be measured by the value they create. No matter the number of life or the value of life can not represent the greatest happiness which the theory of Utilitarianism talking about. Because each people in the society are unique, the value of this life is incomparable. As the result, the happiness cannot be measured by the number of lives in a society. The freedom to choose constitutes a part of human happiness, which will in turn help construct a happy society. The freedom to choose is a part of personality as well as a part of individual happiness. In the case of those two patients, both the doctor and the innocent have no choice because of saving the two dying patients. That is the same with the talented man. Superficially the man has free choices, but under the requirement of a greatest happiness, actually this man can just choose to be a professor to create the most goods for the society. In a word, that is no choice. According to the view of the Chuang Tzu, the freedom of individual people should be protected because that did not relate to any other one or the outside world which is considered the nature course of development. Although both of the ideas from these two theories seem too extreme, they also can give us a concept about collective happiness and individual happiness. Thinking too much about the collective interest and happiness will make the individual lose their freedom to choose. This will construct a society in which the individual people have to shoulder a heavy burden, because he or she cannot freely plan his or her life, but have to follow the social demand. Or the people living in such a society will be the next one to be victims to sacrifice for the collective happiness that will make individual people live in a nervous circumstance. In addition, individual happiness cannot be achieved without interacting with others in the society. Because only in the society and the relationship among people can create the circumstance for the people to plan their lives and fulfill the individual happiness. There is no conflict between the individual happiness and the collective happiness The individual happiness and the collective happiness are closed connected; each of them cannot be come true without the other one. In general idea, a collective happiness is represented by the amount of wealthy and the quality of peoples life. But that is just one elements of happiness, the other one as well as the more significant one is the freedom choice of the individual person. Although the freedom choice of person may not maintain the wealthy of the whole society, it will guarantee the quality of life which has divers understanding of different people. Also using the talented man as an instance, if this man has the freedom to choose what he really wants but not to follow the demand of the society, this will lead him to reach the maximum individual happiness. If this man chooses to be an athlete and join in the Olympic Game, maybe he can never be a champion, but the process to achieve this dream is the greatest happiness for this man. Whats more, that is also the process to constitute the collective happiness. In a word, the freedom to choose and fulfill individual happiness can also construct a happiness society. The happiness here is so different from the general happiness. This happiness cannot be calculated by the number of lives and the amount of social wealthy, but was accumulated by the individual happiness. And that is also the most stable and developed happiness both to collectivity and individuality.