Friday, October 25, 2019

Feminism Essay -- Womens Right, Equality

The past century saw women in Britain gain control of their fertility, acquire access to education and establish their status as equal citizens. The British social order came a long way from 1890s when women in Britain were legally restricted to the point they could not enter a contract, own property or have parental rights; unmarried women were challenged by society and pressured in to marriage (British History Oxford, 2007).The women’s rights and suffrage movements in the period between 1832 and 1918, which is known as ‘The first feminist wave’, aimed to challenge the idea of women being the inferior sex and demanded equal rights. This ‘so called’ first wave ended with the ‘Royal Assent to the Representation of the People Parliament Act’ being passed in 1918, which granted women the ability to vote and recognised females as equal citizens (Fraisse, 1993). Following work will assay the position of women in today’s society and barr iers that prevent gender equality. The focus will be on the conflict between feminist ideals, assumptions and demands behind what known as feminism. Feminism has evolved dramatically over time, which makes finding a widely accepted set of feminist ideas an impossible task. However, Webster’s dictionary (2007, p230) defines feminism as a theory of the political, economic, and social equality of the sexes. Therefore, feminism is based around the idea of men and women being equal. On the other hand, feminist is also defined as ‘an organized activity on behalf of women's rights and interests’ (Webster 2007, p.230). This highly ambiguous definition suggests that any socially or politically active woman can be considered to be a feminist, so the ideas of feminists do not always coincide with the philosophy o... ...en’s favour. Therefore, it is extremely difficult to determine what gender receives the larger income over a lifetime. With this in mind, modern feminism appears to be aimed at total equality, where every adult receives same wage and employers are controlled by the government. The feminist philosophy, on the other hand, preaches equality purely in legal and political rights. A number of conservative feminists believe the battle for equal rights was won when in 1928 women were enfranchised (British History Oxford, 2007). It caused social transformation in Britain and liberated women. This philosophy is relevant in modern society because it can be beneficial in any country where women experience hard ship due lack of legal equality. Further legislation aimed at improving equality in the UK needs to consider possible side effects, and should promote equality for all.

Thursday, October 24, 2019

Formative and Summative Assessment Essay

Assessment is a term that includes all of the various methods used to determine the extent of an individual’s achievement. In teaching and learning situation, assessment refers to the methods used to determine achievement of learning outcomes. Similarly in professional contexts, assessment is concerned with the achievement of professional standards or competence.(Aranda & Yates,2009). Assessment also provides a number of major benefits including: †¢ Grading: assessment may be used to define achievement and to measure the students’ preparedness for professional challenges. †¢ Motivation: assessment may focus on real learning by creating an opportunity that carries with it the rewards of completion or grades. †¢ learning process: assessment activities can guide individuals to learn and relearn subject content efficiently. †¢ Feedback: assessment provides opportunities for individuals to monitor the quality of their performance and identify areas for improvement. PURPOSE OF ASSESSMENT It is easy to become so immersed in the job of teaching that we lose sight the exact purpose of a assessment. There is then the possibility that we are overlooking another form of assessment which might be more appropriate. We actually assess students for quite a range of different reasons – motivation, creating learning opportunities, to give feedback (to both students and staff), to grade, and as a quality assurance mechanism (both for internal and external systems). Because all too often we do not disentangle these functions of assessment, without having really thought it through assessments are frequently trying to do all these things, to varying degrees.(Oxford Brookes University,2011). In fact it is arguable that while it is desirable for assessments meeting the first three of these functions to be conducted as often as possible, the final two do not need to be done anywhere near so frequently; it is simply important that they are done somewhere. The implications of this are that while an essay question, where all the answers are double marked and the marks count towards the students’ final grades, may fulfil all these functions, for all assessments to be this rigorous would be prohibitively expensive in staff time, while a peer-assessed seminar presentation, which does not count towards the students’ final grades but is simply a course requirement, could fulfil the first three functions and may not even require a tutor to be present. FORMATIVE ASSESSMENT Formative assessment is typically contrasted with summative assessment. The former supports teachers and students in decision-making during educational and learning processes, while the latter occurs at the end of a learning unit and determines if the content being taught was retained.(Wikipedia,2013). Formative assessment is not distinguished by the format of assessment, but by how the information is used. The same test may act as either formative or summative. However, some methods of assessment are better suited to one or the other purpose. CHARACTERISTICS OF FORMATIVE ASSESSMENT During formative assessment, learning is the shared goal of both teacher and student and alterations to the teaching and learning process take place as needed to further the goal. This allows both the teacher and the student the opportunity for assessment and improvement as an ongoing process instead of an end product. Formative assessments are assessments for learning, rather than assessments of learning, according to the Association for Supervision and Curriculum Development. Focused Formative assessments are focused on the learning process as well as the learning progress. While other assessments may only focus on the end result, formative assessments check the students progress consistently so that adjustments can be made to reach learning goals. Ongoing A formative assessment is consistent and ongoing throughout the learning process. It differs from assessments that focus on the end result. Ongoing assessments give both teachers and students the chance to make adjustments to teaching and learning strategies so learning ultimately takes place. Immediate While other forms of assessment focus on the end result, formative assessments provide immediate feedback to both teachers and students due to ongoing assessment practices. The immediate feedback teachers and students experience can be used to motivate and further learning. LIMITATIONS OF FORMATIVE ASSESSMENTS Although offering many benefits, effective formative assessment can be difficult to achieve at scale. It may be logistically impossible to provide detailed descriptive feedback for each student in a large class. Even with a smaller number of students to deal with, formative assessment is time-consuming as it requires significant, ongoing dedication and effort from the teacher to sustain. This is especially true when combined with the summative assessments teachers are required to complete. The layered accountability chain in education — student to teacher, teacher to school, school to district, etc. — creates systemic pressure for student performance to be objectively and comparatively measurable at each level. Formative assessment, by definition, doesn’t easily provide that kind of accountability. This explains why, although the advantages of formative assessment have been repeatedly articulated since the distinction between it and summative assessment was first made in 1967, empirical studies continue to show that very few teachers consistently make use of it in actual practice. SUMMATIVE ASSESSMENT Summative assessment measures attainment and allows for the recording of the learning progress. It usually takes the form of tests and examinations, though it is becoming increasingly common for summative assessment to include other tasks such as a project completed during the school year. This move away from assessments based on a single examination gives learners the opportunity to perform to the best of their ability. Not all learners perform well under examination pressure. Furthermore,examinations do not always lend themselves to eliciting the range of language structures and uses that have been the objective of teaching CHARACTERISTICS OF SUMMATIVE ASSESSMENT The results of summative assessment allow us to determine the degree to which learners have attained specific learning objectives. Such a decision may have an important consequence on learners’ future prospects. It is therefore crucial that not only is the assessment valid, but that the results obtained are reliable. Validity relates to whether the assessment tasks assess what they intend to assess. Reliability, on the other hand, refers to the results obtained and whether these would be the same if the same learners took the assessment on another occasion provided that no further learning had taken place and regardless of who marked the assessment if more than one person was involved in the process. (Summative assessment,2005). Whether summative assessment is norm-or criterion-referenced will be determined by the purpose of the assessment. If we need to select the best candidates to, for example, continue with their education, then norm-referencing would be appropriate. However, if we are interested in whether candidates have mastered certain skills, then we would not get the required information through norm-referencing.(Meason) For example, when assessing airline pilots we are interested in whether they can fly a plane safely to a very high level of proficiency. Knowing which trainees were the best would not suffice since it is possible that no trainee of a given group would have reached the required standard to safely fly a plane LIMITATIONS OF SUMMATIVE ASSESSMENT Students can face anxiety in preparation for a test, an anxiety that grows as the perception of the test’s significance grows. Summative tests advise schools to commit to prolonged pretesting procedures and preparation classes, which can increase student anxiety.(Spiral). In addition, some students simply do not test well, and the result is a testing procedure that fails to adequately assess the real talents of individual students, while a formative assessment would allow a teacher to evaluate these conditions and better assess a student’s ability Summative assessments fan have an overall negative impact on student self-esteem, resulting from the perception of inferiority that standardized tests can give test-takers. Students who perform poorly on standardized tests were found to suffer from lower self-esteem in situations where these same students had not previously exhibited signs of self-esteem problems.(Boggiano,1992). Even students who perform average or well on standardized tests can suffer from the failure to meet their own higher expectations. The result can be a reduction in educational motivation.(Hammond). EXAMPLES OF FORMATIVE AND SUMMATIVE ASSESSMENT FROM TEACHING AND LEARNING PERSPECTIVE CONCLUSION In my view,both types of assessments are better,that is a balanced assessment.A balanced assessment system in one in which a variety of assessments are used for a variety of purposes and communications about results facilitates student involvement and ownership of learning.Formative assessment can be vital importance in helping the teacher and students determine the quality of learning that is taking place and can allow them to forecast the results of summative tests some time in advance of the summative testing.Such results can be used as the basis for altering the teaching learning situation early enough to change the immediate as well as alter the forecast. Learning is a process which can be observed and evaluated as it is taking place.Formative evaluation can be used to make the process more effective long before the summative evaluation.Recognition of the interaction among formative evaluation teaching and learning and summative evaluation can do much to improve teaching and lea rning before it is too late. REFERENCES Aranda S,Yates P.An Overview of assessment.Canberra: (EdCaN),Australia;(2009).Retrieved from: www.edcan.org/pdf/edCanOverview.pdf Boggiano A,Pittman T. Achievement and Motivation: A Social-Developmental Perspective.(Eds).(1992).Cambridge Press.New York. Hammond,K.eHow.Education.Summative assessment weaknesses.Retrieved from: http://www.ehow.com/info_8568251_summative-assessment-weaknesses.html Meason C.eHow.Education.Characteristics of Formative assessment.Retrieved from http://www.ehow.com/list_6732311_characteristics-formative-assessment.html Oxford Brookes University.(2011).Purpose of Assessment.Retrieved from: www.brookes.ac.uk/services/ocsld/resources/assessment/purposes.htm Spira M.eHow.Education.Disadvantages of Formative Assessment.Retrieved from http://www.ehow.com/info_8502289_advantages-disadvantages-formative-assessment.html Stiggins,R.,Arter,J.,Chappuis,S.(2008).Classroom assessment for student learning.Educational Testing Service.Retrieved from: http://www.bcsd.org/district.cfm?subpage=55380 ‎Summative assessment.(2005).Retrieved from http://cd1.edb.hkedcity.net/cd/eng/tba_eng_sec/web/3_1w.htm Spira M.eHow.Education.Disadvantages of Formative Assessment.Retrieved from http://www.ehow.com/info_8502289_advantages-disadvantages-formative-assessmen

Wednesday, October 23, 2019

Beginning Thinker Essay

I would say that I am a beginning thinker, I have control of all of my own personal thoughts I know that I am not always correct most of the time during each step of the thought process but I feel that I have a really good understanding of how to fix some of the issues that I have when in thought. Although some of the conclusions that I come to either workout for the short-term or long-term issue or have a tendency to be the opposite of the outcome that I was hoping for. I sometimes catch myself making a quick decision without fully thinking through the whole concept or the outcome that it will have on the issue that I am working on. I think that I can fix this by not jumping to conclusions when I am in thought, having a system to make sure that I get to the best possible outcome is something that I think I will implement going forward just to make sure that the outcome for my decision is one that I will be happy with and not regret. Critical Thinking I would say that my current critical thinking skills could be a little better, mainly because I have a tendency to over think when I am trying to come to a resolution to a specific problem. My strategy mainly consists of me thinking about the different ways that I can get to the best outcome but I also have a tendency to throw in my own assumptions or bias when coming to a resolution, this is what I feel makes me to either make an incorrect decision or make a decision based off only what my own personal feelings are towards the situation. A way that I feel I can develop better skills as critical thinker is to take all bias out of my decisions and make sure that what I do is not only best for me but will also help me keep on a path to reach my ultimate goal.

Tuesday, October 22, 2019

The methods Miller uses to create dramatic tension Essay Example

The methods Miller uses to create dramatic tension Essay Example The methods Miller uses to create dramatic tension Paper The methods Miller uses to create dramatic tension Paper Death of a Salesman is a fantastic example of a continuation of increasing Dramatic Tension. It is created by such methods mentioned in the title and further strengthened by the jumps between past and present. Miller also uses the continuing theme of symbolism to strengthen the tension of the play. The lasting impression is one of slight confusion, but this too aids the suspense as Willy Loman, the focus character of this tension, continues to lose his grip on reality and finally then, his life. Throughout the play the audience are invited to second-guess Willys next actions or attempt to link his present as a result of past events. The other characters in the play are also equally vital in allowing Miller to create such heightened dramatic tension. Often it is through their silent interactions, such as the complexity of relationships that exist only in thought or feeling. While the audience is aware of these unspoken family rifts, they are rarely exposed and this can create heightened dramatic tension. Linda then, is a character that we learn directly very little about. It is only through her interactions with her family that her nature is revealed, and this sense of mystery adds to the dramatic tension. Where uncertainty exists, suspicion can grow; the audience may sometimes question Lindas motives due to a lack of understanding into her character, creating dramatic tension. The audience cannot fathom why she stays with Willy and her dysfunctional family. Is she accepting her subordinate position as part of the nuclear family in order to hold it together? Or is she limited by her own personal inadequacies that prevent her from standing independently? Millers creation of a character shrouded in ambiguity allows extensive scope for dramatic tension. In fact Miller claims that he had no choice as far as the creation of Lindas character because A woman who was thinking of herself more would simply not have been there one morning, or else she would have put up such a fight so as to crush him [Willy]. This indistinct character of Linda has an effect on her relationship with Willy. From the beginning of the play, her interactions with Willy are almost unnaturally devoid of confrontation, instead she seems to be constantly looking to mother and appease her husband. We see constant references in the stage directions to the infinite patience of Linda. A constant dramatic tension hangs over their relationship, as Willy breaks down and Linda is increasingly challenged by his behaviour and distressing mental state.

Monday, October 21, 2019

War Dehumanization in All Quiet on The Western Front Essay Example

War Dehumanization in All Quiet on The Western Front Essay Example War Dehumanization in All Quiet on The Western Front Paper War Dehumanization in All Quiet on The Western Front Paper Essay Topic: All Quiet On the Western Front War Dehumanization in All Quiet on The Western Front BY Itmes123 War Dehumanization If you think of humanity as one large body, then war is like suicide, or at best, self mutilation( Jerome Crabb). Paul B? ¤umer, the protagonist of All Quiet on the Western Front by Erich Maria Remarque fulfills his understanding of Jerome Crabbs quote after experiencing everything war has to offer. In the novel, Paul truly experiences what being in war can physically and mentally do to not only a man, but their families as well. It is apparent that Erich Maria Remarque had Paul B? ¤umer face various orrifying situations while at the front to make a powerful statement against war and everything associated with it. Throughout the book, Remarque uses implicit statements to help prove his argument in a myriad of ways. The statements Remarque includes in the novel cohere with one another to show that war dehumanizes the soldiers who choose to enlist into it. Through the implicit language and arguments used, the dehumanization effect war brought upon the soldiers is illustrated as an unbreakable force that takes no pity on the soldiers at the front. It greatly affects the soldiers physically, mentally, and even psychologically. Erich Maria Remarque shows that war has a dehumanizing effect on the men even to the point of being compared to savages by using point of view, literary devices and imagery. By applying the points of view of the distinct characters in his novel, Remarque is able to implicitly make the argument that war dehumanizes the soldiers in every way possible. Because of the usage of point of view, the argument trying to be proven is seen through a clearer outlook since a single characters personality does not affect the argument of war dehumanizing the men. Conventional human characteristics, for xample the significance of education, have seemed to be lost completely due to war. When discussion arises between Paul and his comrades about their aspirations after war, the men come to realize that they have forgotten most of what their schoolmaster Kantorek had taught them back in school which was really not that long ago. Paul even considers the school lessons they received back as civilians to be rot(86). The word choice Paul uses sort of gives off a supercilious tone on education. Pauls tone on the topic illustrates that he sees little or no value in the education he learned from his schoolmasters. Obviously, education is seen as an extremely important part of humanity of the soldiers but since Paul is devaluing education, he is essentially devaluing humanity as well. Adding onto Pauls depreciation of education at the front, as Leer, one of his closest comrades is killed, Paul comes to the understanding that being such a good mathematician at school served Leer no good while fghting on the front (284). The realization he made is that war does not take pity for people who are well educated. Paul feels that war cares nothing of education since Leers mathematics skills were not able to help him survive the ombardment and therefore, the education used on Leer served of very little use for him since ne was not able to survive the wrath ot war. This experience displays to Paul that only instinct can help to survive being at the front. Solely using instinct to survive is a characteristic only vital to animals and because Paul exhibits this characteristic, Remarque is implying that all soldiers act based off of instinct.. It is in essence showing that the soldiers in way are at a level comparable to various animals. Yet another point of view Remarque incorporates to illustrate animal like ualities in the soldiers is that of Albert Kropp. In this instance, Kropp is badly hurt with an amputated leg. He no longer sees the value of enduring the strong pain as he tells Paul that he will shoot himself the first time he can get a hold of his revolver(261). By devaluing his own life, Kropp has shown to the readers that war has destroyed his own humanity since life is one of the most important values in humanity. Without the virtue of humanity, Kropp and many other soldiers that find themselves in similar situations can be compared to animals. The points of view from Albert and Paul all are brought together to show the dehumanization effect war causes since the men are no longer caring for their humanity. Also, literary devices integrated in the novel cohere with each other to furthermore show how the soldiers at war become less and less human everyday. As the soldiers fall in line for breakfast to receive their normal amount of rations, the sergeant cook is shocked to see that only 80 of the men survived the heavy attack from the previous day. He unwittingly made enough food for the 150 men but because nearly half of them had died, the ook finds himself with an overload of food. Because of the massive surplus, the soldiers in line for breakfast plead their case to the cook that they should receive double rations for the day. At first, the cook is hesitant to comply with the soldiers orders thinking Eighty men cant have what is meant for a hundred and fifty'(5). The literary device shown here is irony as after persuading the cook for double rations, the Second Company which came back 80 strong has no difficulty consuming all of the leftover food meant for the other soldiers who were not as lucky to survive. After eceiving and consuming the extra food, the soldiers showed no remorse of the fact that they were eating their fellow dead soldiers breakfast. The only emotion they felt was satisfaction in their bellies. The men usually receive minimal food at the front so they quickly snap at the opportunity to receive an extra ration despite it being meant for the dead soldiers. This quality the men portray is one similar to animals as animals also snap at any opportunity to get food even if it is at an expense of another animal. They only think of what they can do for them to be better off and in this case, he soldiers are doing the same. Another literary device Remarque uses to confirm his argument is symbolism. As Paul and his comrades crowd around Kemmerichs bed at the hospital, they notice that Kemmerichs leg has been amputated. Out of the group, Kemmerich has the most comfortable boots and Muller takes note of that. Considering the fact that Kemmerich will no longer be able to wear the boots, Muller desperately wants them to replace his worn out uncomfortable boots. At first, Paul wanted Kemmerich to keep and die with the boots still in his possession but he omes to realize that only the facts are real important for [them], And good boots are scarce(21). Since Kemmerich is close to death, Paul thinks of the value of the boots and where they are most needed without the realization that they are a prized possession of his dying comrade Kemmerich. War has really dehumanized the men as their value system nas changed tor the worse and the boots represent now much more they care for things that could make them better off rather than the life of a good friend. All in all, the literary devices used in the book help make a valid claim hat war has a dehumanizing effect on the soldiers. By applying imagery, Remarque shows the soldiers in war are dehumanized to a level that can be compared to animals. The soldiers find themselves resorting to their animal like instincts to help stay alive which make them lose all human characteristics by fighting in the war. Following Pauls leave from the front, he serves some time as a prison guard watching over the Russian prisoners and unintentionally compares the prisoners to animals describing them as meek, scolded, St. Bernard dogs and they seem nervous and fearful(189). St. Bernard dogs are defined as generally very large working dogs originally bred for rescue. The word choice of meek and scolded certainly do not match the definition of St Bernard dogs as rescue dogs have to be assertive and praised. Paul is hinting to the fact that because of the harsh conditions the prisoners are forced to endure, they have been ever since going through a long stint of dehumanization. The Russian prisoners also slink about [the] camp and pick over the garbage Slinking around the enemy camp suggests that the prisoners are trying to scavenge any left ood in a stealthy manner trying their best not be noticed by the others. This tactic is very similar to how various animals capture their prey so war has actually animalized the prisoners. Also, the Russians result to picking through garbage cans to try and find leftover bread crumbs. Searching through garbage cans for food is certainly the last resort for food but war has dehumanized the men to the extent where all they care about is surviving. If it means eating out of the garbage can, they will do so. These two instances show how animalistic war can make men become. By ncorporating character point of view, literary devices and distinct imagery, Remarque shows that war has not only dehumanized the soldiers but animalized them as well. Remarque is able to implicitly show Just how dehumanizing war can be to anyone that is absorbed into it. It truly destroys the humanity in all men that comes in its way. Time and time again, Remarque pleads his case of how fighting in war and being at the front can over time make a man less than a human being and closer to an animal due to the loss of many values of humanity. His argument in the novel is quite specific and strong but it is certainly valid.

Saturday, October 19, 2019

Business Regulation Law

When an organization do not comply with the state and federal regulation the company can face fines or become caught up in major litigation, costing the company major expenses. In this memo I will identify common tort and risk found in the organization of Alumina, and describe different measures to manage risk. Some common torts found at Alumina are negligence, defamation/slander/libel, Freedom of Information Act (FOIA), and strict liability is tort liabilities uncovered. Alumina Violation Alumina is an aluminum maker base in the United States and has operation in eight countries. The aluminum maker is on Lake Dira in the state of Erehwon. Alumina is under the jurisdiction of region six under the Environmental Protection Agency. A few years ago Alumina was found in violation with the Environmental Protection Agency for environmental discharge norms in an Environmental Protection Agency compliance evaluation. The PAH levels were above prescribe limits. Alumina was order to clean up the problem in which they complied too quickly. Because of this incident Alumina has maintain a good compliance record. Recently a resident name Kelly Bates claims that Alumina continuous contamination of Lake Dira with pollutants. Bates threatens to file a suit against the company for punitive damages and recovery damages. She believes that the incident that occurred several years ago is the cause of her daughter’s leukemia. Tort Liability A tort is a â€Å"civil wrong that is an interference with someone’s person or property such that an injury results† (Jennings, 2006, p. 367). Torts can be categorized as intentional torts, torts of negligence, and strict liability torts. Intentional torts are those that result in a harm not accidental. Torts of negligence are accidental harms that result from a failure to act appropriately in a given situation. Strict liability torts assign absolute liability and offer very few defenses. Defamation of Character A company or a person reputation is a valuable asset. The tort of defamation of character requires that a plaintiff prove that: the defendant made an untrue statement about the plaintiff or the statement was intentionally published by a third party (Cheeseman, 2010). Written False statements are referred to as libel and verbal statement are referred to as slander. Bates made a libel statement in the newspaper about Alumina and the violation that occurred years ago. This defamation can have a negative effect on the company. Alumina can lose business with a bad reputation and once the reputation has gone sour it is hard to reclaim the good name. Freedom of Information Act A local news reporter and Kelly Bates approached the EPA to obtain environmental audit reports that documented Alumina violation of the Clean Water Act. Bates requested the documents under the Freedom of Information Act; this act was enacted in Congress in 1966 to the American public great access to the Federal Government records (Federal Communication Commission, 2010) . The Company chooses to release partial audit information from the violation from years ago. Alumina has the right to withhold informational this qualifies under the Confidential Business Information, which is available under exemption four of the Freedom of information Act. Strict liability Negligence and Strict liability Negligence, the most common tort, is explained as conduct that falls below standards of behavior established by the law for the protection others against unreasonable risk harm (Cheeseman, 2010). In this case of negligence Bates must prove that Alumina had a duty to keep the PAH levels contained. In a case Alumina breaches that duty by not staying in compliance with the EPA regulation several years ago. Bates assumes that the consumption of the water cause the harm of her daughter to have leukemia. In response Alumina chose to conduct an independent site study for new violations. The reports come back good the PAH levels were well below the standard. After releasing a partial audit report Bates has threaten to file a lawsuit against Alumina of personal injury to recover compensation and punitive damages. Alumina negligent conduct of â€Å"serious violation of environmental laws five years ago is the cause of her daughter leukemia,† alleged by Bates (Business Regulations Simulation, 2010). The best resolution for this situation is mediation by a neutral third party, by choosing this options Alumina can provide Bates with a confidential settlement. The settlement includes that Alumina provides Bates with reimbursement of medical expenses for her daughter treatment a lump sum for future treatments and a college fund set aside if her daughters recovers from the leukemia (Business Regulations Simulation, 2010). Although tort liability is founded on intended harm strict liability is attached even though the defendant has been reasonable. In the Article titled â€Å" The American Influence on Canadian Tort Law† author Allen M. Linden states â€Å" One person may be require to compensate another for injury or damages even though the loss was neither intentionally or negligently inflicted. If Alumina had taken the case to court, the company would have been in a long litigation process costing the company thousands and even millions of dollar. The mediation process is half the cost of a court trial and there is no guarantee that the jury would agree with Alumina even though the company may have had proof that the allegation against the company was false. The jury tends to side with the victims. Preventative, Detective, and Corrective Measures In an organization it will be hard to prevent allegation against the company, but the company needs to prepare for such issues when they arise. A preventative plan should be put into place. The company should make it a priority that the employees of the company aware of the rules and regulations of the state and federal laws. The company should be aware of the competitors who have violated any government regulations and improve their process so that the company will not violate the same regulations as the competition. Health risk that may be exposes to the staff, customers, and other should be included in the document also. Conclusion Alumina has to abide by state and federal rules these laws are in place to improve environmental safety. The agency that regulates Alumina was the Environmental Protection Agency this agency enforces environmental laws. Alumina has to be aware and comply with the state and federal regulations at all-time or it can affect the business a great deal. Maintaining a positive image in the community is also important when a crisis occurs the support of the community can be a big help in determine issues. The decision mage by Alumina were wise, the company took the right approach to maintain its good name in the community and the competitive market and save cost on litigation. Business Regulation Law When an organization do not comply with the state and federal regulation the company can face fines or become caught up in major litigation, costing the company major expenses. In this memo I will identify common tort and risk found in the organization of Alumina, and describe different measures to manage risk. Some common torts found at Alumina are negligence, defamation/slander/libel, Freedom of Information Act (FOIA), and strict liability is tort liabilities uncovered. Alumina Violation Alumina is an aluminum maker base in the United States and has operation in eight countries. The aluminum maker is on Lake Dira in the state of Erehwon. Alumina is under the jurisdiction of region six under the Environmental Protection Agency. A few years ago Alumina was found in violation with the Environmental Protection Agency for environmental discharge norms in an Environmental Protection Agency compliance evaluation. The PAH levels were above prescribe limits. Alumina was order to clean up the problem in which they complied too quickly. Because of this incident Alumina has maintain a good compliance record. Recently a resident name Kelly Bates claims that Alumina continuous contamination of Lake Dira with pollutants. Bates threatens to file a suit against the company for punitive damages and recovery damages. She believes that the incident that occurred several years ago is the cause of her daughter’s leukemia. Tort Liability A tort is a â€Å"civil wrong that is an interference with someone’s person or property such that an injury results† (Jennings, 2006, p. 367). Torts can be categorized as intentional torts, torts of negligence, and strict liability torts. Intentional torts are those that result in a harm not accidental. Torts of negligence are accidental harms that result from a failure to act appropriately in a given situation. Strict liability torts assign absolute liability and offer very few defenses. Defamation of Character A company or a person reputation is a valuable asset. The tort of defamation of character requires that a plaintiff prove that: the defendant made an untrue statement about the plaintiff or the statement was intentionally published by a third party (Cheeseman, 2010). Written False statements are referred to as libel and verbal statement are referred to as slander. Bates made a libel statement in the newspaper about Alumina and the violation that occurred years ago. This defamation can have a negative effect on the company. Alumina can lose business with a bad reputation and once the reputation has gone sour it is hard to reclaim the good name. Freedom of Information Act A local news reporter and Kelly Bates approached the EPA to obtain environmental audit reports that documented Alumina violation of the Clean Water Act. Bates requested the documents under the Freedom of Information Act; this act was enacted in Congress in 1966 to the American public great access to the Federal Government records (Federal Communication Commission, 2010) . The Company chooses to release partial audit information from the violation from years ago. Alumina has the right to withhold informational this qualifies under the Confidential Business Information, which is available under exemption four of the Freedom of information Act. Strict liability Negligence and Strict liability Negligence, the most common tort, is explained as conduct that falls below standards of behavior established by the law for the protection others against unreasonable risk harm (Cheeseman, 2010). In this case of negligence Bates must prove that Alumina had a duty to keep the PAH levels contained. In a case Alumina breaches that duty by not staying in compliance with the EPA regulation several years ago. Bates assumes that the consumption of the water cause the harm of her daughter to have leukemia. In response Alumina chose to conduct an independent site study for new violations. The reports come back good the PAH levels were well below the standard. After releasing a partial audit report Bates has threaten to file a lawsuit against Alumina of personal injury to recover compensation and punitive damages. Alumina negligent conduct of â€Å"serious violation of environmental laws five years ago is the cause of her daughter leukemia,† alleged by Bates (Business Regulations Simulation, 2010). The best resolution for this situation is mediation by a neutral third party, by choosing this options Alumina can provide Bates with a confidential settlement. The settlement includes that Alumina provides Bates with reimbursement of medical expenses for her daughter treatment a lump sum for future treatments and a college fund set aside if her daughters recovers from the leukemia (Business Regulations Simulation, 2010). Although tort liability is founded on intended harm strict liability is attached even though the defendant has been reasonable. In the Article titled â€Å" The American Influence on Canadian Tort Law† author Allen M. Linden states â€Å" One person may be require to compensate another for injury or damages even though the loss was neither intentionally or negligently inflicted. If Alumina had taken the case to court, the company would have been in a long litigation process costing the company thousands and even millions of dollar. The mediation process is half the cost of a court trial and there is no guarantee that the jury would agree with Alumina even though the company may have had proof that the allegation against the company was false. The jury tends to side with the victims. Preventative, Detective, and Corrective Measures In an organization it will be hard to prevent allegation against the company, but the company needs to prepare for such issues when they arise. A preventative plan should be put into place. The company should make it a priority that the employees of the company aware of the rules and regulations of the state and federal laws. The company should be aware of the competitors who have violated any government regulations and improve their process so that the company will not violate the same regulations as the competition. Health risk that may be exposes to the staff, customers, and other should be included in the document also. Conclusion Alumina has to abide by state and federal rules these laws are in place to improve environmental safety. The agency that regulates Alumina was the Environmental Protection Agency this agency enforces environmental laws. Alumina has to be aware and comply with the state and federal regulations at all-time or it can affect the business a great deal. Maintaining a positive image in the community is also important when a crisis occurs the support of the community can be a big help in determine issues. The decision mage by Alumina were wise, the company took the right approach to maintain its good name in the community and the competitive market and save cost on litigation.

Friday, October 18, 2019

Reflection paper Essay Example | Topics and Well Written Essays - 1000 words - 1

Reflection paper - Essay Example For instance, both parents collaboratively decided on the school where we are to be enrolled and the means to support us. The goal was for us to finish our studies and to provide the direction to eventually become self-sustaining and self-reliant. As a leader, he also assumed the roles of a coach, a mentor, a guidance counselor and a disciplinarian. He was both an authoritarian leader and at the same time, a democratic leader where he encouraged us to voice out our opinions and to participate in decision-making processes that would be beneficial for the whole family. When I started school, my teachers became my leaders in the academic setting. Again, teachers from various grade levels have identified course objectives and designed various instructional approaches with the use of instructional materials that would assist in achieving the define goals. As leaders, my teachers became my mentors, coach, guidance counselors in terms of academic performance, and provider of knowledge, and a developer of skills. Especially in higher education, as I pursued the Police Leadership Program, my professors in the course provided opportunities for learning advanced modules in areas where I need to focus on. As leaders, my professors provided the direction and guidance through course modules, lessons, concrete examples, and by giving home works and scenarios that would develop my cognitive and analytical skills, as well as the leadership skills needed for law enforcement officers. My professors have prepared personal and professional development programs that would enable us to become future leaders. Finally, in the work setting, as a police officer in Saudi Arabia, I was able to get a first-hand experience of leadership from my supervisors. They are the true leaders in a law enforcement agency where functions expected from leaders were observed. These functions included planning, organizing, directing,