Burj khalifa success or failure Essay Example

Burj khalifa: success or failure ? Essay Lack of places for everybody to live causes the suburbs development and more lands needs to be cleared (nature degradation + more car buying = pollution). In poor countries urban poverty causes slums development. Less farmers causes shipped food from far away (pollution + more expensive). Increased population leads to more waste and garbage. Poor waste management causes the spread of disease and pollution. Food demand increases and more land needs to be cleared for food production (deforestation + nature degradation). High density of people can lead to conflicts and the quick spread of health problems. Impoverishment of the countryside. Using examples write a conclusion. Conclusion: In conclusion, after considering both sides of arbitration, more bad is felt to be resulted from this phenomenon than good. But it depends on the country. I take for example China. Its arbitration led economic growth but it is not uniform: it focuses mainly on the eastern cities. We will write a custom essay sample on Burj khalifa: success or failure ? specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Burj khalifa: success or failure ? specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Burj khalifa: success or failure ? specifically for you FOR ONLY $16.38 $13.9/page Hire Writer In fact, the uneven development has enriched the big eastern cities, but has left the countryside affected by extreme poverty. However with factories and in the construction sector. This increase in population leads to deforestation and degradation of nature in order to expand the cities. In addition, the development of the construction sector causes a proportional increase in CO emissions, which makes china the first transmitter of Gaza. This leads to very serious environmental problems.

Fall the Soviet Union

Fall the Soviet Union The Union of Soviet Socialist Republics (USSR) was instituted in 1917 and later succeeded the Russian empire in 1921. The USSR did not last long; it collapsed in the year 1991. There were political, economical, and cultural reasons that led to the collapse of the USSR. The political set up of the USSR was based on a philosophy of socialism; it eventually became a communism state. This state had a centralized political and economic system. The political leadership had total control over all matters taking place in the state, whether economical, social, or cultural. USSR ended up becoming a dictatorial state. This led to internal resistances within the USSR. The assimilation policy put in place by the political leadership failed. More than half of the USSR citizens were of non-Russian ethnic groups. They were opposed to this policy. These resulted to resistance, which weakened the government leading to its collapse.Advertising We will write a custom assessment sample on Fall th e Soviet Union specifically for you for only $16.05 $11/page Learn More The economy of USSR crumbled. This facilitated the fall of the USSR. There was very poor economic planning. Most of the government’s funds were used for armament, leading to other important functions that needed funding unattended to. This resulted due to cold war between the USSR and the USA. People of the USSR started experiencing poverty, shortage of basic needs such as education, health services. This resulted to resistances that involved people refusing to work, further weakening the economy. The USSR’s economy reached a point where the amount of income generated by the government could not support major functions in the government leading to its collapse. By late 20th century, so many people had acquired university education. There was a good number of well-learned people in the USSR. This people were exposed to the knowledge from the outside the USSR. This made them to star t fighting for liberalization, democracy, and human rights. They also were against the government policy of assimilation; they wanted their government to embrace diversity. This led to revolts all over the states that made up the USSR. A more liberal leader, Mikhail Gorbachev came to power. He embraced liberalization and democratization. This is what led to the splitting of the USSR into different states. The freedom of speech given to people gave them a platform to fight for their rights, criticize the leader for failed economic plan, and hold rallies that preached democracy. The economic changes, which decentralized the economic system, allowed people to see the negatives of communism leading to its failure. This leader came into power when communism was losing favor in the east. He did not put in measures to counter that. This leader also came into talks with the USA to rescue his country’s economy by ending the cold war. The measures put in place to end the cold war furth er weakened USSR. By the time, Mikhail Gorbachev had put in place the measures he believed were the best for his country’s future. The level of liberalization and democratization witnessed could not allow for the continued existence of the USSR.Advertising Looking for assessment on history? Let's see if we can help you! Get your first paper with 15% OFF Learn More Even though the USA played a role in the failure and eventual collapse of the USSR, the effect of USA could have been negligible had Soviet Union put in place measures that could have guaranteed the survival of the union in to the future. The union was involved in power struggles with the United States instead of building the economy. Once its economy crumbled, its collapse was inevitable. The leadership in the Soviet Union did not involve the citizens in its functioning. This made USSR citizens to feel as if they were subjects in their own country resulting to uprisings, which facilitated th e collapse of the union. Those people who were in leadership made communism to fail as most people viewed it as dictatorship. This led to the collapse of communism as it had lost favor among people in the east.

Analysis of The Empirical Phase Essay Example | Topics and Well Written Essays - 1250 words

Analysis of The Empirical Phase - Essay Example Throughout this careful structure, Grob argues that Wordsworth’s purpose was to challenge the present social order that was focused on the â€Å"disorganized and directionless† (19) mode of existence found in â€Å"the fretful stir / Unprofitable, and the fever of the world† (Wordsworth, 52-53) and present a more favorable development. Grob’s argument rests not so much upon the actual words in the poem as it does upon the way in which Wordsworth presents his case, progressing from the simple ease with which mankind connects with nature to the stabilizing influence it has even when lost in the â€Å"fever of the world† and demonstrating how this natural development was not unique just to him, but can be universally applied to others as well. In presenting his case, Grob suggests that Wordsworth’s poem can be basically divided into three main concerns beginning with the natural connection that occurs between man and nature. â€Å"As a vehicle for symbolic discourse, the landscape of Tintern Abbey possesses a latent multiplicity of reference so that almost every ethical, epistemological, and metaphysical judgment rendered later in the poem seems latent in its initial image† (14). This is started within the very first stanza as the poet describes the scenery before him, imbuing it with â€Å"a deep and abiding calm and a coalescence of particulars into a single, interlocking and indivisible pattern of harmony† (14). This image includes not only the untouched natural wonder that surrounds him but also the human effects that have taken place within it, such as the hedgerows, cottage-grounds and orchard tufts. After having linked the efforts of mankind into the overall splendor of the natural environment, Wordsworth moves on to discuss the essential internal interconnectedness of man and nature.  Ã‚  

Explain the Scientific Management Approach with reference to Henry Essay - 1

Explain the Scientific Management Approach with reference to Henry Fayol and Frederick Taylors principles of management - Essay Example tation of science was basically targeted at manufacturing industry and other regular responsibilities, in order to improve productivity and competence from top to lower echelon of leadership. On the one hand, Taylor suggests that the development of proven practices need to be anchored on comprehensive observation of business processes, and on thorough training and recruitment of the most qualified of workers, because by doing so, organizations will be guaranteed smoother processes and more profit (Maqbool, Zakariya, and Paracha, 2011). In light of this, Taylor summarised his approach in four principles namely: a) scientific creation of work processes; b) scientific selection and training of workers; c) enlightening workers on the benefits of scientific management; and d) specialization of employees (Taylor, 2013). All of these strategies are aimed at improving productivity and better gains in organizations. Taylor (2013) argues that developing a scientific system of work eases the measurement of employee output. With these analyses, positive adjustments could be affected to the equipment and workstation programs used by employees, which would eventually enhance efficiency and productivity of business. Scientific recruitment and preparation of workers to weather various workplace challenges helps to realign divergent employee aptitudes, and fit them to their respective job. In light of this, the role of management would translate in to selecting the most qualified of employees for a particular job, and training the candidates scientifically to enhance their productivity (Maqbool, Zakariya, and Paracha, 2011). For instance, a high school that is in need a graduate teacher specialised in specific subjects, would recruit such an individual from a pool of applicants, and train him or her on the best ways to relate well with students, fellow members of staff, parents, school clinicians and the immediate community to ensure they fit in the new workplace

Naming and Shaming Sex Offenders Essay Example for Free

Naming and Shaming Sex Offenders Essay Define: The social issue naming and shaming sex offenders is the worst sex offenders being named and shamed on a website with their picture, name, address and date of birth on their profile. People can type in the suburb they live in and see what sex offenders live in their area. Argument #1 For: Sex offenders, even more so than other forms of crime, are prone to re-offending upon release from prison. Therefore, to protect society, they should be required to register with a local police station, and their names and addresses should be made available to the public. Police would also supply this information to schools and day cares, who will be consequently far more alert to any risk. Parents would find this information invaluable in ensuring their children’s safety, and it would cut the rate of sexual crime by those freed from prison. In the end, we have to protect our children at any cost. Against: This proposal is an essential violation of the principles of our penal system, which are based on the serving of a set punishment before being freed from prison. This registration inflicts a new punishment for an old crime and will lead to sex offenders to be demonized by their neighbours and community, and possibly be forced to move out of the town they are located in. It will also lead to campaigns and violence, sometimes against innocent people with similar looks and names, such a risk cannot be taken. Argument #2 For: Crimes for sexual offence are among the most repulsive and damaging that exist; they can ruin a person’s life. As the offenders responsible for these crimes cannot be imprisoned forever, and must be released at some point extra caution must be taken to ensure they pose no threat to the public. Against: The suggestions of this website are clouding the options. Physiological evaluations can define accurately whether an offender is still danger to society or not. If an offender is still a danger to society then they should not be released from prison, if they are not a danger any more then they should be released and be able to live a happy and normal life. Studies have shown that treatment is quite effective to help reduce the rate of re-offending. Argument #3 For: A national web register would allow police to track re-offenders faster, increasing the success rate and the speed of which they are brought to justice. Against: Police can be aided by a register only available to the police. Making it public might make the offenders run and making it hard for police to track them. Studies have shown that a public register is a subjective to abuse from the public. Around 2 out of every 5 offenders have been a victim of vigilantism. The social ostracism, denial of rehabilitative measure such as housing and stable employment, and threats of vigilantism, making former offenders disobey reporting requirements. Argument #4 For: A national register would benefit sexual offenders directly, as they would be on local registers of counseling and psychological help groups, who would be more able to offer help. Against: Offenders should have access to these services anyway, regardless of whether their names are available to society or not. This register has led to large qualities of withdrawing sex offenders listen on the register, along with their families. The register is a spread of myths and stereotypes used by the public to justify the ostracism and denial of service. Sex offenders in Australia have lost jobs, housing and treatment options and forced to live under never ending changing requirements.

Livestock Slaughter Animals

Livestock Slaughter Animals Livestock slaughter: Processes, concerns and regulations The slaughter of livestock animals is an essential part of the world today. There are many methods and tools that can be used on the livestock. Slaughtering is performed for many reasons, the most common would be for human consumption but there is religious slaughter that is also practiced in many parts of the world. There are many laws that are enforced to ensure that the slaughter of livestock is conducted correctly and humanely to guarantee the safety of the products that are used for human consumption. The history of slaughter started as a way of survival, as humans began to become civilized they discovered that it was easier to contain the animals that they previously hunted and to put them on high protein diets to increase their weight. The more weight, the more useable product that came from the animal. Today slaughter is no longer just for survival, it is also used to control the livestock population. Although human consumption is still the primary reason, if animal slaughter did not exist their populations would increase dramatically and would become overpopulated causing inbreeding and risk of disease. The common practice of slaughter starts with the initial killing of the animal, either by a firearm shot to the head or a stunning method which is also applied to the head. The animal is then hoisted up by its hind legs with meat hooks inserted into made slits between the bone and tendon just above the hocks. The processing of a cow starts with the expulsion of the insides. Certain edible parts can be kept such as the heart, liver and intestines which can be used as casings for sausage mixes. This starts with the cutting through the hide on the hind legs just below the meat hooks and continues down the cow so the insides can now be removed. Removal of the insides is easily done and virtually mess free if an empty barrel is pressed against the chest of the animal and the insides are then rolled into the barrel as you cut down the belly. After the animal is cleaned out it is then skinned, which is the removal of its hide. Next the head and legs are removed from the animal, this is usua lly done with a hacksaw or a reciprocating saw specially made for the butchering of animals. The carcass is then cut vertically into two halves and stored into a cooler. The purpose of the cooler is to prevent microorganism growth on the carcass so it will delay decomposition of the carcass. After the carcass is fully chilled it is then brought out into the butchering end of the facility. The end of processing the animal starts with the halving the halves, so the full carcass has now been quartered. Specialty cuts are then made from here like your T-bone steak, chops, ribs, etc. All cuts of meat that are made go through a process called de-boning. It is a simple process where you make the specialty cuts, trim fat, and remove any bones and defaults in the meat. The extra meat, also called â€Å"scraps† are then put into a grinder and made into ground beef. From here it is basically the customers choice on what they desire from the animal and it is then wrapped and put into a storage freezer for the customer to pickup. Ritual, or religious slaughter, is also practiced in many parts of the world and is still practiced today. These slaughter practices are sacred and have to be performed a certain way in order to be considered religious. This type of slaughter is usually performed with the sacrifice of an animal. The difference between regular slaughter houses and ritual slaughter is the way that it is performed. The sacrificial animal has to be terminated in a certain way, usually by bleeding out and some parts of the animal can not be consumed. The two most common types of ritual slaughter are Kosher slaughter and Halal. (J.M. Regenstein, 2003) Kosher slaughter is the law of Kashrut, it is practiced by the Jewish religion but not every one in this religion follows the kosher practice because of the todays society and the practice is thought to be an outdated ritual. This practice is based upon the act of faith and being obedient to God, many of the kosher laws are derived from the Old Testament in the Bible. In order for the food to be considered Kosher, only certain livestock animals can be used such as beef, sheep, goats, and deer with no flaws or diseases. The â€Å"law† of this is that only animals that chew their cud and have cloven hooves are considered to be kosher. (J.M. Regenstein, 2003) The processes of the ritual slaughter is that as much blood as possible has to be drained from the animal, since in this religion it is forbidden to ingest the blood of the animal. The common practice of draining the blood of the animal is to cut the animals throat with an extremely sharp knife. The carcass is then hung so that the blood will drain out, after being hung, the carcass is washed and salted with â€Å"kosher salt† and cooked to well done. Halal is another form of religious slaughter that is practiced by the Muslim religion. Halal means lawful or permitted and the opposite of halal is haram which means unlawful or prohibited. Many foods are referred to as being either halal or haram. The animal must be slaughtered with only the use of an extremely sharp knife. One of the major arguments about religious slaughter is that it is considered cruel to the animal and is not a humane act of slaughtered because of the restraint methods. Most slaughter plants restrain the live animal in an upright position before the initial killing of the animal, but there are also some religious slaughter plants that hang the live animal upside down and then do the killing. Hanging a live animal upside down has many negative affects such as the possibility of harm to the animal and also to the people performing the practice. (J.M. Regenstein, 2003) Minnesota state law states the following as the humane way to terminate a livestock animal. The law requires humane slaughter of livestock, defined as any method of slaughtering livestock which normally causes animals to be rendered insensible to pain by a single blow of a mechanical instrument or shot of a firearm or by chemical, or other means that are rapid and effective; or by methods of preparation necessary to Halal ritual slaughter, Jewish ritual slaughter and of slaughtering required by the ritual of the Islamic or Jewish faith. â€Å"Livestock† under this act is limited to cattle, horses, swine, sheep and goats. Any slaughterer who by act or failure to act violates section 31.591 is guilty of a misdemeanor and shall be punished accordingly. (Minnesota State Statute: 31.59-592) There are many different methods of slaughtering that are practiced. The cheapest would be a firearm shot to head of the animal; the most used would be the stunning method, where there are multiple stunning tools and practices. There is also a captive bolt, electrical, gas and anoxic stunning methods that are used as well. The most controversial method of slaughter would be the stunning of an animal because if not done correctly can cause only nerve damage while the cow is still conscious and alive while being processed. Recent concerns about captive bolt stunning in livestock is the spread of BSE (bovine spongiform encephalopathy), also know as, mad cow disease. A possible risk in using this method is that when the animal is stunned that the brain matter is forced through the jugular vein and passes through the lungs and enters the edible carcass. This poses a threat that if the animal being slaughtered had the BSE prion, an infective protein agent, in their brain and this is passed into the carcass and then later sold for human consumption. (Anil, M.H., 2001) Variant Creutzfeldt Jakob Disease (BSE in humans) is another concern when discussing methods of stunning in slaughter. This disease is caused by the consumption of contaminated central nervous system tissue that had been passed through the body of the animal into the edible parts of the carcass. (Paul Brown, 2001) The most recent topic of interest in the livestock industry today is the Bovine Tuberculosis (TB) and the effect it will have on, not only the cattle farms, but the slaughter houses themselves. The slaughter plants will now have to increase their sanitation practices to prevent the disease from spreading from carcass to carcass if an infected animal were to be brought in to be processed. With limited funding for the TB infected herds, most farmers are just taking their animals in and butchering them because they either cant sell them because their infected or cant afford to have their entire herd tested. This brings up another issue of an overload of animals to be slaughtered and the fact that if they are bringing in cattle that are infected or have the recessive gene that it would be spread to other carcasses. Millions of pounds of red meat are already being commercial produced, which means how much red meat is currently being produced and sold. So, if every farmer were to bring his cattle to slaughter because they cant afford to TB test their herd, the amount of red meat production would increase dramatically and could cause an overload of product. This also causes concern for the consumers who are afraid to purchase the byproducts because of their fear of contracting the diseases that are now the primary concerns in the livestock industry. This graph shows the trend of red meat production of the past two years and the beginning of the 2008 year. As you can readily see that the numbers are already significantly higher than the past two. The slaughter of livestock used to be a way to support the high demand of meat products and to eliminate overpopulation, but with the changing of cultures, it has become a hassle. There are so many health issues and not enough inspectors to oversee all the types of slaughter plants; that diseases are slipping through into products that are later sold to consumers. There are several types of slaughter plants and not all of them are equally inspected either; this could be one of the many problems with the control of disease of the end products. There are generally four types of slaughter plants; FI, TA, NFI, and custom exempt plants. Federally inspected (FI) plants transport meat interstate and they have to employ federal inspectors to comply with USDA standards. Talmedge-Aiken (TA) plants are under the USDA responsibility for inspection. Although considered federally inspected, the inspections are carried out by state employees. Non-federally Inspected (NFI) plants sell and transport only intrastate. There are individual state standards where state inspectors have to comply with and mobile slaughtering units are considered farm slaughter and are excluded from this. Custom-Exempt plants do not sell meat but operate on a custom basis. The animals and meat products are not inspected but the facilities are, and have to meet health standards. Custom-Exempt plants are considered NFI plants and head kill is included in NFI totals. (Agricultural Statistics Board NASS, USDA, 2006, PP 21/23) Every slaughter plant has sanitation requirements and procedures that they have to follow in order to keep their business running. The requirements are met and periodically checked by inspectors, either federally inspected or state inspected. These inspections are made to ensure the quality and safety of the meat that is being sent out from these plants. To ensure this quality of production, humane slaughter of the animal is required also. What is considered humane? This is a rising question to many inspectors and slaughterers, and this question is still unanswered to many of them. What is thought to be humane may in fact not be humane to the animal, and since we cannot feel its pain we cant determine whether the methods used are painless or not. And this is why slaughter laws have come into effect. The first law of humane slaughter was voluntary and came into effect in 1958. The law required that the livestock to be rendered insensible to pain. This was achieved by a blow, gunshot, or electrical or chemical means; it was to be rapid and effective before shackling, hoisting, casting, or gutting. (animal law statutes, citation 7 USC 1901-1907, 2008) The law that is currently enforced by the United States Department of Agriculture (USDA) is known as the Humane Slaughter Act. This act became effective in 1978 and instead of being voluntary this law is mandatory for all slaughter houses. The only exception to the statutory requirement of rendering the animal insensible to pain; is ritual slaughter, which still needs to be approved in order to be carried out. The Humane Slaughter act of 1978 concludes that the use of humane methods on livestock for slaughter results in a safer environment and better working conditions for persons engaging in the slaughtering practices. This also improves benefits for producers, processors, and consumers that tend to accelerate a constant flow of livestock and byproducts across state and country borders. If the humane slaughter of livestock continues, the end products and consumer satisfaction will remain steady and will bring comfort to those who anticipate disease spreading because of unlawful slaughtering practices. (Animal law statutes, citation 7 USC 1901-1907, 2008) The slaughter of livestock is not only a high demand of todays population, but it is also a necessity. It is beneficial to the human race, economy, and is becoming a world renounce trade. With the world today, slaughter has evolved from a way of survival to becoming versatile and plays an important role in the economy. The slaughter of livestock is an essential part of the human lifestyle and will continue to deliver and progress with the ever changing future of the world.

Casefile Method – Answer to Casefile 1.1

MEMORANDUM 03. 01. 2010 TO: FROM: RE: Daphne Matthews Alex Associate – 4667 Memo Assignment 1: Who Does the Pastry? I. Introduction Collins was hired as Head Chef at the Marrimount Hotel and believed that this job came with the inherent authority to choose his assistant chefs, even though nothing of this was mentioned in the contract for employment. Therefore, when Crest, owner of the Marrimount, attempted to determine Collins's assistants, Collins quit his job and went to work for the Treadwell Center. The contract It may actually be good for Collins to argue that there was no contract between himself and Crest. First, there was no detailed employment agreement, just a letter signifying the contract terms. The letter referred to itself as a contract lasting for â€Å"five years from the signature thereof. † However, presumably it was never signed and therefore never consummated. Secondly, Collins could argue that this is an agreement in violation of the statute of frauds, since it requires more than one year to perform and was not signed. Therefore, if Collins argues that he never signed nor agreed to the contract terms, perhaps he can avoid, altogether, the issues of breach of fiduciary duty and the injunction against working for a competitor. However, it seems evident that both Collins and Crest considered the agreement to be a binding employment contract. This is not merely an oral agreement to be finalized at a later date, as was the case in Tropicana Hotel Corporation v. Speer. Collins demonstrated an immediate intent to be bound by the agreement by moving to New York from Atlanta and performing for a year under the contract. Therefore, since it is likely that the court will find a five-year contract existed and the contract was breached, the question becomes who is liable for the breach? III. Who breached first? The facts are undisputed that Collins left the kitchen upon the hiring of an unacceptable pastry chef. This would likely constitute a breach of Collins’s employment contract absent any other considerations. However, as the Kansas court states: â€Å"A party is not liable for a material failure of performance if it can show that the other party committed a prior material breach of the contract; in such event, the prior breach discharged the first party's own duty to perform. Therefore, if it can be shown that Marrimount breached its contract by preventing Collins from choosing his own assistant chefs, Collins can avoid Crest’s allegations of breach of fiduciary duty and the injunction against working for a competitor since Crest breached the contract first. II. a. Argument that Crest breached first i. Define â€Å"head chef† to determine duties The Supreme Court of Virginia stated in Neely v. White, â€Å"Before partial failure of perfor mance of one party will excuse the other from performing his contract or give him a right of rescission, the act failed to be performed must go to the root of the contract. Therefore, Collins must show that the overruling of his choice for pastry chef and the hiring of an unacceptable assistant chef constitutes a material breach of contract. The chief dispute is over what duties are included in a position of Head Chef. The written agreement merely states that Collins will â€Å"assume the duties of head chef,† without stating what those duties are. It might be helpful to point out that the general rule with ambiguities in a contract is that the contract will be construed against the drafter, in this case, Crest. Additionally, it is helpful that Collins states in his deposition that it is â€Å"industry standard† for a head chef to select his own assistants, much like a basketball coach selects the starting lineup, not the athletic director who hired him. Typically, â€Å"when evidence of custom and usage of the trade is used to interpret a contract and the issue is disputed, summary judgment is inappropriate†¦Ã¢â‚¬  (Nadherny v. Roseland Property Company, Inc. ). It is also helpful to our case that Mrs. Stein states in her deposition, â€Å"the head chef runs the dining room. † While not acknowledging the specific ability to hire, Mrs. Stein is definitely associating Collins’s role as more managerial than Crest is claiming he had. Further, Collins was able to hire his own dessert chef without interference, creating a presumption that the hiring of his team was within his authority. More logically, this is a big hotel that was seeking Collins out because he was known for preparing gourmet meals for large groups. A Head Chef is more than a cook. They are in charge of the dining room, carefully selecting staff that can help prepare these large meals that would not be possible to create with just one person. This was a managerial or executive position as much as it was a cooking one. Crest was not just looking for a cook when they hired Collins; they were looking for a Head Chef. By taking away Collins’s ability to hire and fire his â€Å"team† they materially breached the contract to employ Collins as the Head Chef. A court will likely find such an argument persuasive and deem that Crest materially breached the contract first. ii. Reduction in duties or rank is a breach of contract Collins will want to argue that this case is analogous to Rudman v. Cowles Communications, Inc. , which is controlling authority in New York. In Rudman, an editor was hired to manage and oversee the publication of his series of books. The employer then began changing Rudman’s books without approval and took away his managerial role and oversight. The court found a breach of contract and explained, If an employee†¦is engaged to fill a particular position, any material change in his duties, or significant reduction in rank, may constitute a breach of his employment agreement. † Here, Crest will argue that the employment agreement was far clearer in Rudman, and the employer agreed upon Rudman’s authoritative role, although not expressly in the contract. Collins will want to rebut this argument by comparing an editor to a chef and looking at industry standards. Just as the court in Rudman stated that Rudman could not â€Å"be reduced to being only a productive writer,† neither can Collins, the head chef, be reduced to being only another cook. And finally, the court states: â€Å"an independent entrepreneur like Rudman would not expect and probably would not accept a subordinate scrivener’s role. † If an editor would not accept a subordinate role as a writer, then the court will likely find that an esteemed head chef like Collins would definitely not accept a subordinate role either. iii. Crest’s rebuttal Crest will point to cases like Tropicana Hotel Corporation v. Speer in an attempt to compare Collins to Speer. Crest will argue that there was nothing in the employment agreement that gave Collins the sole right to hire assistant chefs. In Tropicana the court found that Speer was not constructively discharged and Crest will argue for the same outcome. Additionally, Crest will argue that this case is more like Handicapped Children’s Education Board of Sheboygan County v. Lukaszewski. There, a speech therapist claimed health reasons for breaching her contract and leaving one job to take on another position closer to home. The court held that the danger to Lukaszewski’s health was selfinduced and that Lukaszewski did not resign for health reasons, but to take a better job. Crest will compare Collins’s actions to Lukaszewski’s, claiming there was no breach by Crest, only a breach by Collins in walking out and taking a better position where he would have managerial authority over his assistant chefs. iv. Likely outcome It is likely that the court will find that Crest breached the employment contract with Collins by hiring an unapproved member to his team of chefs, effectively converting Collins from a top-tier chef into just another cook in the kitchen. If however, the court determines that Crest did not breach the contract, then Crest will push forward with their claim for breach of contract and breach of fiduciary duty of loyalty. b. Argument that Collins breached first i. Breach by quitting before 5-year contract terminated Crest’s first argument will be that Collins breached his contract when he quit coming into work after the Hispanic chef was hired. Nothing in the contract stated that Collins’s duties included the sole ability to hire chefs, but not coming into work is most definitely a violation of the â€Å"duties of head chef† that he did possess. Thus, if Collins can’t show that Crest breached the contract first by hiring the chef without his approval, he is in trouble. ii. Breach of fiduciary duty of loyalty In Collins’s deposition, he states that he was in discussions with the Treadwell center, but not until after Crest’s hired an assistant chef and breached the contract. Thus, if Collins cannot show that Crest breached the contract first, he is also going to have to defend a claim for breach of fiduciary duty. Crest claims that Collins convinced the Casketmaker’s Convention to leave the Marrimount and relocate to the Treadwell Center. If they can prove this, they will have a claim for breach of fiduciary duty of loyalty. In Orkin Exterminating Co. v. Rathje, the court stated, â€Å"[A]n executive employee is barred from actively competing with his employer during the tenure of his employment, even in the absence of an express covenant so providing. † iii. Collins’s Rebuttal In response to Crest’s claim that Collins breached the contract by quitting, Collins should point to Tropicana. The argument is that by breaching its contractual duty to Collins, Crest constructively discharged Collins. Unlike Tropicana, in which the plaintiff failed to show constructive termination, here there is a contract that was agreed upon. Additionally, Collins is dealing with more than just trusted subordinates. Rather, Collins requires a team of chefs to prepare meals for these large groups, and it is industry standard for a head chef to control his assistant chefs. Additionally, Collins should argue lack of causation in responding to the breach of fiduciary duty claim. In Orkin, the plaintiffs could not show that defendant’s actions caused damage to the corporation. Similarly, Collins did no damage to the Marrimount because there were no statements made in competition with Marrimount. The only proof is Collins’s deposition, which states that he informed his old friend at a school reunion that he was leaving the Marrimount. There is no proof of a secret business arrangement with Treadwell and no proof that Collins desired to convince the Casketmakers Convention to relocate to the Treadwell. If Collins can show that business just followed his decision to leave, then there will not be a claim for a breach of fiduciary duty of loyalty. v. Likely outcome If the court finds that Crest did not breach the employment contract, then it will obviously find that Collins did breach by leaving the Marrimount. However, I believe it is unlikely that the court would find a breach of fiduciary duty of loyalty. There is simply too little evidence to survive a motion for summary judgment. While it is likely that the Casketmakers Convention changed venues to obtain Collins as the chef, it does not follow that Collins breached any fiduciary relationship. Remedies available to the parties a. Salary Collins would like to recover withheld salary that he earned from working in the kitchen prior to his termination. If Collins can show that he did not breach the contract or breach a fiduciary duty of loyalty, then he will obviously have no problems recovering his salary. Even if the court finds there was a breach of contract, Collins will still likely recover his salary, as the court in Prete v. Madison states, â€Å"It does not follow from the fact that a breach is material that the breacher can recover nothing for his performance. In an appropriate case, the courts have allowed a party who did not substantially perform to recover in restitution. † If, however, the court finds there was a breach of the fiduciary duty of loyalty, then Crest has a good argument to withhold earnings. In Orkin the court stated that one remedy for breach of this kind is â€Å"forfeiture of compensation by the employee during the period of breach of fiduciary duty. † Collins could still argue that he should get his salary from the period of time that he worked and was not yet in breach of his fiduciary duty. . Bonuses Whether or not Collins may recover his bonuses will be determined depending on if the court finds that Collins had a contractual entitlement to the percentage or a mere expectation. Crest will argue under Nadherny that Collins is not entitled to any bonuses after he left the kitchen, and possibly attempt to withhold bonuses from the time when he was working in the kitchen as well. It is my opinion that Coll ins would be better off not fighting for the bonuses after he left. Like many contracts, there was nothing clear in the language that dealt with a failed relationship and pursuing this claim could distract the court from focusing on salary and bonuses for time worked. Plus, it makes our client seem like he is fighting to be made whole, not just get something for nothing. IV. c. Restitution for increased salary Crest will argue under Lukaszewski that Collins will owe them the difference in salary that they will be forced to pay in order to procure a head chef to replace Collins. The court stated, â€Å"Thus damages for breach of an employment contract include the cost of obtaining other services equivalent to that promised but not performed, plus any foreseeable consequential damages. † In Lukaszewski the pay rates for teachers were set, and the school hired someone with more experience and the court still didn’t give the teacher any room to avoid paying for the increased expenses the school was faced with. It is likely that if the court finds that Collins breached his duty, he will be responsible for these damages. Collins can, however, argue that he does not owe as much as 25%. Collins’s salary was to be increased 12% each year. Thus, the additional 12% is money that the Marrimount was going to pay their head chef anyway and cannot be considered damages attributable to the breach. Additionally, Collins can argue that Crest cannot just go hire the most expensive chef and expect to recover the entire difference from Collins (Lukaszewski). d. Injunction or declaratory judgment The best way to get the declaratory judgment that Collins seeks is to get the court to rule in his favor that Crest breached the contract. If Crest breached the contract, then it cannot enjoin Collins from taking the job with Treadwell. In the unlikely event that the court does not find in favor of Collins, he still has options. Collins can point to the contract and show that there is nothing in there concerning any sort of provision not to compete. Therefore, Crest has no right to enjoin Collins from working where he chooses. V. Conclusion In conclusion, it seems likely that the court will find in favor of Collins on his breach of contract claim. Crest breached the contract by preventing Collins from hiring his own assistant chefs. Regardless of this, however, the court will likely find that Collins is owed salary for his time worked. There is no evidence sufficient to support a claim for breach of fiduciary duty and one cannot withhold salary from someone for a mere breach of contract. The issue of bonuses could go either way, but the argument is not that strong for either party. And finally, regardless of who breached the employment contract, it is likely that Collins will have not have trouble accepting the position of head chef at Treadwell, since there was no covenant to not compete.

Meaning of life †Human Essay

I believe the meaning of life is to give life a meaning. Throughout my entire life, I have wondered what the purpose is. Why am I and every other human being even on this planet in the first place? That brings me to my next question. Is there a God? If there is, why did he put us here? Any Christian asked will say our sole purpose is to serve God. First of all, what does that even mean? And second, I must ask why? Why would a supernatural being place us strategically on this planet strictly to serve him? That sounds pretty selfish to me. There has to be something more. Something concrete. Something greater. How could there not be? All my life I have worked hard to succeed. I have challenged myself and fought to do better than my best. Why? I asked myself. Why stress so much when I’m only going to die in the end? Pessimistic, I know. Finally, I thought, maybe the meaning of life doesn’t have to be so complex. Maybe the meaning of life is whatever we want it to be. Maybe the meaning of life is to give life a meaning. I do what I do because I want to do it. It’s that simple. I do it because it means something to me. Everyone adds their own meaning to life. The meaning of life is never universal. The meaning of life is never complex. The meaning of life is actually quite simple to think about. Many people help the needy. Others play sports. Both activities add meaning to those lives involved. Purposes change, but the overall meaning of life will always stay the same. The meaning of life is simply to give life a meaning. This I believe.

Being Rich Essays - Bullying, Emotions, Envy, Narcissism, Wish, Rich

Being Rich Essays - Bullying, Emotions, Envy, Narcissism, Wish, Rich Being Rich Some teenagers dream of becoming rich whereas others consider it to be rather dangerous. ESSAY: | - In today's world more and more people tend to believe that happiness cannot exist without financial basis. That is why, many offsprings nowadays wish to be wealthy in life. However, there are some, who assert that extremely richness poses a serious threat to its' owner. Personally, I am inclined to believe that the wish of being wealthy is not worth the dream the rich stick to and money even can do irreparable harm to individuals. Firstly, the majority of people, being comfortably off, look down on others thinking that the whole world revolves around them. We should take into account that wealth often goes together with loss of positive personal qualities and tendency to greed and callousness. Secondly, it would not be wrong to assert that individuals being well financially secure are more often subject to be exposed to crime. Because of envy, springing from social inequality, many people are eager to clear the world from the rich. Nevertheless, opponents of this view think that high monetary status is one of the most desired dreams. They think that rich people are provided with great opportunities. Wealthy individuals can afford any buying and high level of services. Despite all this arguments, I assume that luxuries can do more harm than bring benefits to the owner. Having an opportunity to get anything , a rich runs out of purposes, aspiration and sees no reasons to live on. In conclusion, I am strongly convinced that richness poses a potential harm to people. They undermine their spiritual stability gaining negative traits of character and eventually unaware of what to go after .

Edna St. Vincent Millays My Candle Burns at Both Ends

Edna St. Vincent Millay's My Candle Burns at Both Ends When award-winning poet  Edna St. Vincent Millay  died of a heart attack on Oct. 19, 1950, the New York Times noted that she was well known for crafting a poem that ended my candle burns at both ends. The newspaper of record pointed out that critics viewed the line of verse as frivolous, but that hadnt stopped Millay from surfacing as an idol of the younger generation during the 1920s. Today, the poet,  born on Feb.  22, 1892, is no longer an idol to youth, but her poetry is widely taught in schools.  She remains an inspiration to both feminists and the LGBT community. With this brief overview of Millays frivolous work, First Fig, the poem in which the candle line appears, get a better understanding of the verses context and its reception after it was published. Text of First Fig First Fig appeared in Millays poetry collection  A Few Figs from Thistles: Poems and Four  Sonnets, which debuted in  1920. It was just the young poets second collection of poems. Her first, Renascence: and other poems, came out three years earlier.  The critics who dismissed First Fig had no idea that Millay would go on to win the Pulitzer Prize for Poetry in 1923 for  The Ballad of the Harp Weaver. She was only the third woman to win the Pulitzer in the poetry category. Perhaps because First Fig was just a single stanza, it was easily memorized and came to be the work with which Millay is most associated. The poem is as follows: My candle burns at both endsIt will not last the night;But ah, my foes, and oh, my friends -It gives a lovely light. First Fig Analysis and Reception Because First Fig is such a short poem, its easy to think that theres not much to it, but that isnt the case. Think about what it means to have a candle that burns at both ends. Such a candle burns twice as fast as other candles.  Then, think about what a candle may represent. It could symbolize Millays erotic passions, giving the poem an entirely different context. Someone whose desires burn out twice as quickly as anothers may not make for a longtime love but is certainly more passionate than the average mate. According to the Poetry Foundation,  A Few Figs from Thistles cemented Millays reputation of  madcap youth and rebellion, provoking the disapproval of critics. The collection is known for its   flippancy, cynicism and frankness, the foundation notes. More Work by Millay While Millay made a name for herself with Figs, critics seem to think that her next poetry collection,  Second April  (1921), is a better reflection of her skills as a poet. The volume contains both free verse and sonnets, which Millay excelled at as a poet.

Summary and Critical Analysis Project Compensation and Agreements Essay

Summary and Critical Analysis Project Compensation and Agreements - Essay Example fee method of billing does not put so much into the experience of the employee which is a downside into motivating employees to have experience to work. It simply focuses on the kind of service provided before pay is issued. A fixed fee account provides a fixed fee for the services being offered and which requires an in depth knowledge of the service being provided. This is only effective for experienced designers who are aware of their services (Piotrowski 100). In a cost plus percentage markup method, the customer is the one who benefits more as they are passed all the discounts from the suppliers leading to low cost of purchase. This however works only on the residential clients whose purchases are relatively smaller. Square foot method is payment by the number of square foots meaning the more the square foots the more the pay. It is effective in commercial industries as it boosts productivity and motivates employees to work even harder. The best method from all the methods above and others is the combination method that combines several of the methods taking into account experience and market among other factors (Piotrowski 105). Any service provided in the field of design demands a contract with a list of specifications necessary to provide guidance. The contract requires several basic requirements which have to be followed if it is to be considered valid. These elements include an offer, counteroffer and acceptance where the terms of the design are discussed and the price is provided. It is concluded by mutual agreement and a letter to seal the deal and provide physical evidence of the deal (Piotrowski 112). The contract is a perfect way to not only protect the interests of the client but they protect the work of the designer as well from frauds. A statute of frauds is provided which provides guidance on the frauds that can be prosecuted. If the contract document lacks names such as that of the client and address as well as a clear description of the

Piracy Essay Example | Topics and Well Written Essays - 250 words

Piracy - Essay Example Practicing piracy may bankrupt a business and may causes human lives thus it should not be supported. Piracy may cause the business go bankrupt. In the study of Gopal and Gupta (p 1946), they stated that piracy had accounted for a yearly $40 billion revenue losses in software products alone. When this practice of piracy continues, time will come the branded software industry may loss its business. People may not patronize the original software products since counterfeited products may be offered at a lesser price. With the worldwide crisis, the presence of counterfeited products may suit the budget of the customers. In a Billboard news report, Tony Fernandez, Chairman of the local music industry in Malaysia gave a warning that the music industry might be destroyed for the next twelve months by piracy. He further noted that major departments in the country had closed as a result. He explained that business is impossible to continue and flourish if they stay to â€Å"bleed† (Pat rick, p 47) as a result of decrease in sale of their legal products. In the sector of online infringement, piracy as a result of file sharing had in turn affected the sale of CD’s to decrease.