Law & Ethics Essay Example for Free

Law Ethics Essay BB General Partnership Dracca is able to seek recover from Silva Gray individually on the judgment for BB partnership because the partnership has not been incorporated. In a general partnership each individual can be sued for the full amount of the business debt. The partners cannot have personal interest within the partnership (Bagley Savage, 2009 p. 729). If one partner incurs all of the debt, they can then sue the other partners for their parts of the debt. Within a Limited Liability Partnership these three items would differ from the general partnership. 1. Limited partners do not play an active role in the business 2. Limited partners are not personally liable 3. Limited partners face slightly different tax rules (NOLO) BB is not a formalized company under the laws of corporation and taxation, so in turn each individual can be held liable for the debt legally. However, Dracca should not have gone after Ms. Grey solely on a tip of her wealth. Business Judgment Rule The Business Judgment Rule states that as long as the board members have acted in good faith and meet the basic standards, there should not be a fear of prosecution when making decisions (Bagley Savage, 2009 p. 801). To insure that the board of directors did not fault their duty of care and the Business Judgment Rule several items must be analyzed. 1. â€Å"Were the directors interested in the transaction?2. Did the directors act in good faith? 3. Did the directors act in a manner that cannot be attributed to a rational purpose? 4. Did the directors reach the decision by a negligent process?† (Bagley Savage, 2009 p.801). The board must also consider their duty of care and duty of loyalty. Duty of care requires people involved in the company to make informed and reasonable decisions for the business. Duty of loyalty requires employees to act in good faith and in good interest of the company (Bagley Savage, 2009 p. 799). In the case of Dracca vs. BB, the board did not act in good duty of care, duty of loyalty or use the Business Judgment Rule appropriately. The overall concept to obtain the debt from BB was an action of duty or care and loyalty to the company. However, the way the board of directors went about the retrieval of the debt was not the best method. By pursuing Ms. Gray off a ‘tip’ the fund backfired and the company incurred a lot of fees that might not of occurred if the pursue was planned correctly. The process of pursuing the money was neglected, fault number three in the Business Judgment rule. Employment Discrimination The accounting manager for Dracca overseeing the BB account, Martin Long had his pay and responsibilities decreased by Accounting Director Mary Smith. The Equal Employment Opportunity Commission (EEOC) was developed to help employees against discrimination of age, sex, race, gender, national origin, disability, and religion (Bagley Savage, 2009 p.466). In Martin Long’s case he left the company because Ms. Smith’s visual and vocal opinions. The opinions turned into harassment and eventually Long left the Firm. By vocalizing and placing visual signs Ms. Smith was creating a harsh work environment for employees. Long will be able to sue Dracca for employment discrimination and argue constructive discharge because there must be evidence of unpleasant working condition that it forces the employee to resign and the employer has not taken care of the complaint within 15 days of being informed of the issues. The harassment must be worse than Title VII (Runkel, n.d.). Dracca is responsible for Ms. Smith’s actions/discrimination against Long. Kate was fired after reporting to the EEOC the harassment from Ms. Smith. Kate should not of been fired for reporting the discrimination. Due to Dracca’s action upon firing Kate, the company seems to approve of Ms. Smith’s actions. The EEOC Compliance Manual states that the person filing the complaint is â€Å"protected against retaliation by a respondent for participating in the statutory complaint proceedings even if that complaint involved a different covered entity† (Igasaki, 1998). From the EEOC, Dracca would be held liable for Hernandez’s actions within the court system. Hernandez violated the EEOC Title VII discriminatory actions. The Title VII makes two theories clear to businesses. 1. The theory of disparate treatment and 2. The theory of disparate impact. Disparate treatment means that the plaintiff has to prove that the employer intentionally discriminated against him/her denying a benefit of employment (Bagley Savage, 2009 p.471). Disparate impact is when employers make employment decisions based on selection, making employers complete test and evaluations. BFOQ stands for Bona Fide Occupational that an employer must prove that the type of person is not able to perform the job position. In this case, women with children were hired in order to sell the product. Dracca would have to prove that men were not able to perform the job. The BFOQ cannot be used as a defense when there is a preferred gender within the company. The following also apply. Usually BFOQ is not based on color and gender will not qualify when the 1. â€Å"Assumptions of the comparative employment characteristics of women in general, 2. Stereotyped characteristics of the sexes, and 3. The preferences of coworkers, employers or customers for one gender or the other (Bagley Savage, 2009 p. 485). Conclusion After reviewing the case, I recommend the following 1. Dracca hire new board members with a focus on the business, and not a focus on money. The Board of Directors should be compiled of people that are business savvy and care about the firm and about the financials in a legal and ethical manner. By the Board leaning on a tip and not fact, the business incurred a lot of debt that could have been spent somewhere else within the firm. 2. Dracca should have a firmer hiring process where the prospects are asked to observe and manage for a day, or write out a list of goals, or how to hire people for certain positions. This could show some speculation to discrimination. Also, Dracca should be stricter on company policy regarding religion, politics, and harassment. If need be the company can have classes on what is and is not harassment within the workplace. In this case, it seems that Dracca turned a blind eye on Mr. Long. References Bagley, Savage (2009 Feb. 5). Managers and the Legal Environment: Strategies for the 21st Century, Retrieved from: http://online.vitalsource.com/books/1111439885/S3.2/25 Igasaki, P., (1998), The U.S. Equal Employment Opportunity Commission, EEOC Directives Transmittal, Retrieved from: http://www.eeoc.gov/policy/docs/retal.htm Runkel, R. (n.d.), Constructive Discharge #9, Law Memo: First in Employment Law. Retrieved from: http://www.lawmemo.com/101/2005/12/constructive_di.html

Childhood Obesity Essay -- Obesity in Children

One of the biggest problems we currently face as a society is obesity. People all over the nation question why we are having this problem and who is responsible. Who do we turn to to educate our society so that we may address this problem the correct way? The answer: healthy eating habits and exercising should be taught early in a child's life. An excellent place to build these fitness foundations is where children spend almost a third of their time: at school. Physical education should be available for all kindergarten through twelfth-grade students in order to tackle the problems of obesity. The number of overweight youth has more than doubled in the past thirty years according to an article, 'Is Physical Education Becoming an Oxymoron' written by Vicki Worrel, a Physical Education professor at Wichita State University. In addition, fifteen percent out of nine million children, ages six to nineteen, are overweight according to the article 'The Growing Cost of Obesity.' Obesity is one of our nation's largest and most expensive health problems. Obese children have a higher chance of growing up to become obese adults (Troxler 24). As you can see in the statements above, it?s obvious that obesity is a continuing and growing problem and all starts at an early age. Physical activity should be encouraged at an early age. It would be best to make physical education a required school curriculum. A student taking a physical education class will have many benefits. For example, a child taking a physical education class will learn about proper exercising. It would also be wise if the instructors integrated information about healthy eating habits into the curriculum to further increase a child?s knowledge on good dieting. This will help a child develop physically more in strength and endurance which in turn will build healthy bones, muscles, and muscle development. Furthermore, at the same time a child will maintain a healthy weight from eating a nutritional diet. Having studied some physical education classes from personal experience, the coach was very passionate about being healthy. Before leaving P.E. class everyday, he would review all the major food groups and stress that the students stay away from fried foods and consume more fruit in their di et. There are many benefits to exercise. Physical activity can help increase self-esteem and reduce stress an... ...education to all the children in school. This will, in turn, guide our future generation to follow a hale and hearty exercising and diet programs. In addition, such programs will initiate a smaller percentage of children becoming obese and thus growing up as regular healthy adults. As a society, we should depend on the schools to educate our children on physical education and healthy eating habits. Physical education classes should be available for all grades from kindergarten to twelfth grade in order to face the problems of obesity in our society. Works Cited: Loewy, Michael I. Working with Obese Children in Schools. Nebraska: University of Nebraska Press, 2012. ?The Growing Cost of Obesity: An Article? National Association of Convenience Store Online. 15 May. 2013. < http://www.nacsonline.com/NACS/News/Daily_News_Archives/May2013/nd0515034.htm> Troxler, Howard. ?Much Mind Exercise and Too Little Physical Education Cause Flab.? The Times. October 2013. Worrel, Vicki. ?Is Physical Education Becoming an Oxymoron: An Article? University Communications, Wichita State University. 19 Sep. 2013. < http://webs.wichita.edu/dt/newsletter/show/?NID=1768&AID=4006> Childhood Obesity Essay -- Obesity in Children One of the biggest problems we currently face as a society is obesity. People all over the nation question why we are having this problem and who is responsible. Who do we turn to to educate our society so that we may address this problem the correct way? The answer: healthy eating habits and exercising should be taught early in a child's life. An excellent place to build these fitness foundations is where children spend almost a third of their time: at school. Physical education should be available for all kindergarten through twelfth-grade students in order to tackle the problems of obesity. The number of overweight youth has more than doubled in the past thirty years according to an article, 'Is Physical Education Becoming an Oxymoron' written by Vicki Worrel, a Physical Education professor at Wichita State University. In addition, fifteen percent out of nine million children, ages six to nineteen, are overweight according to the article 'The Growing Cost of Obesity.' Obesity is one of our nation's largest and most expensive health problems. Obese children have a higher chance of growing up to become obese adults (Troxler 24). As you can see in the statements above, it?s obvious that obesity is a continuing and growing problem and all starts at an early age. Physical activity should be encouraged at an early age. It would be best to make physical education a required school curriculum. A student taking a physical education class will have many benefits. For example, a child taking a physical education class will learn about proper exercising. It would also be wise if the instructors integrated information about healthy eating habits into the curriculum to further increase a child?s knowledge on good dieting. This will help a child develop physically more in strength and endurance which in turn will build healthy bones, muscles, and muscle development. Furthermore, at the same time a child will maintain a healthy weight from eating a nutritional diet. Having studied some physical education classes from personal experience, the coach was very passionate about being healthy. Before leaving P.E. class everyday, he would review all the major food groups and stress that the students stay away from fried foods and consume more fruit in their di et. There are many benefits to exercise. Physical activity can help increase self-esteem and reduce stress an... ...education to all the children in school. This will, in turn, guide our future generation to follow a hale and hearty exercising and diet programs. In addition, such programs will initiate a smaller percentage of children becoming obese and thus growing up as regular healthy adults. As a society, we should depend on the schools to educate our children on physical education and healthy eating habits. Physical education classes should be available for all grades from kindergarten to twelfth grade in order to face the problems of obesity in our society. Works Cited: Loewy, Michael I. Working with Obese Children in Schools. Nebraska: University of Nebraska Press, 2012. ?The Growing Cost of Obesity: An Article? National Association of Convenience Store Online. 15 May. 2013. < http://www.nacsonline.com/NACS/News/Daily_News_Archives/May2013/nd0515034.htm> Troxler, Howard. ?Much Mind Exercise and Too Little Physical Education Cause Flab.? The Times. October 2013. Worrel, Vicki. ?Is Physical Education Becoming an Oxymoron: An Article? University Communications, Wichita State University. 19 Sep. 2013. < http://webs.wichita.edu/dt/newsletter/show/?NID=1768&AID=4006>

On Face Work Essay

The article â€Å" On Face-Work,† by Erving Goffman, focused on meanings of face, the image of self that individual presents, in a world of social encounters. Once an individual give out his positive self-image to others, should or should not present that oneself-image depend on how he feel about the encounter between him and other participants. When someone is inconsistent with how he projects himself in the society, he may be feel embarrassment or discredited; therefore, the individual protect himself of unfavorable way to others. Face is image of self portray have been expressed to others see and consider. Emotions and feelings become attached to the particular face; so he may have feel good, feel bad or being hurt depends on how his face expresses and how the encounter products. He â€Å"feels good† if the situation proceeds on the way, which he expected to be, whereas if his expectations are not fulfill, his feeling turns bad. Beside, â€Å"rule of the group and the definition of the situation† determine importance in how face and image of self are viewed because it is not only response to others, but one’s own emotion lead encounter. What someone say, or how they say it can change how a face is seen from another eyes. So, a person may implicate his own immediate and spontaneous face, which creates image and feeling itself without conscious considerations, to other participants. Internally consistent face, involves judgments and evidence from other, is one whereby the person is in maintain face. It is not only actions of one person, but also the view of participants â€Å"in the flow of events in the encounter†; that is maintained. Someone said to be wrong face when information that comes from external source is inconsistent to his face. Alternately, the person may be out of face when he has no line to show up in certain situation, even though they are in contact with others. When people are in wrong face or out of face, some may feel shame, interiority, or they may have bad feeling; some may keep presenting an impression of confident. Those who know how to control embarrassments called poise. There are several methods for prevent to threats to the face. Avoidance, one of the basic kinds of face-work, process by changing the topic of conversation and acting as the threatening expression has no occurred at all. Once someone change an encounter into inconsistence, another kind of defensive measure, he action or resources to keep of or away from activities. Protection maneuvers- â€Å"a person shows respect, politeness, making sure to extend to other any ceremonial treatment†. When someone loses control of his expression during encounter, he can turn away or time out for moment. For example, two people are in conversation and one turn to mad, to control the temper of encounter, another decide to leave him or his active for a moment to give him time to calm down; so they can avoid fighting. Ritual disequilibrium or disgrace, one or more participants find themselves in an established. Ritual means the system of ceremonies, respect, or acting with symbolic component. Interchange is the sequences of acts set in motion that re-establishment of ritual equilibrium. For example: Marry collide to David in the small hallway, A says, â€Å" Excuse me† and then B replies â€Å" Sure†. Those speeches are corrective ritual. There are four classic moves. First, the challenge, participants take on responsibility to the misconduct. The second move is offering, the offender is given chance to correct to correct or restore equilibrium. The acceptance will been occur after the first and second move had been made. The person to whom can satisfy or re-establish the order of offense. Finally, thanks, the fourth move, provide model for ritual behavior, but deviation from model may include refusing to change. Those parts may fit better when interact together than separate into conscious ones. Lack of effort by one may be met with inducible compensative effort from others. Simultaneous apology is the chances for this happen. Many offenders and offended simultaneously attempt to an apology to reduce their criminal. Resolution of situation- the first requirement is more important than apportioning of blame- typically a secondary consideration. There are many more other protect individual. A participant appreciates a delicate situation and to do or say the most fitting thing for different reasons with saving his own face and the face of other, called tact. Then, â€Å"tacit cooperation will naturally arise so that the participants together can meet shared but different objectives. † One of common tacit cooperation is face saving. Face saving refer to maintaining a good self-image, defense his own face and protect the other. People who make a mistake or involve in conflict know they are wrong often not admit that they are wrong to avoid embarrassing remonstrance. Another form of tacit cooperation is reciprocal self-denial. A person just accepts apportionment of judgment during the occasion without having clear idea about it. Negative bargaining means participates try to make a trade to other side. For example, they try to pay a lunch for other like: â€Å" Let me pay for this one† or â€Å" No, I could not. It is my turn. † Therefore, tacit agreement is someone willing to abide, to help others perform theirs. Without ritual, socialization could not organize or worth as it is. Self, the image was expressed from the social interaction that creates face of person. Or the self can understand as play the game or set of ritual. When the person make the mistake that against himself, the person have the prerogative to for give the event is not he, it must be the other participants, who are â€Å"exercise it only in his interests or in the interests of the undertaking. † Much of activity in the encounter occur base on the understanding and effort of all participants, not only individual. And if the relationships are in the process of change that mean the encounter has been satisfied. The author’s point in this article is to allow the reader to understand the concept of face such as commitment, maintenance of face, poise, and how to deal with social process in social relationship, interaction, and encounter. The meaning of word face is the positive social value of person claim. He considers emotion, feelings, embarrassment, confidence, and give examples; make these as a part of his analysis of social face. Goffman also focus on the produces and processes of many kind of face-work like ritual, corrective process, avoidance process, and control embarrassment. He is also conscious and attributes meaning to symbol and action of other. What someone says or how someone acts can always change how face in the other eyes. Therefore, how the encounter goes is depend on everyone’s part to understanding, effort to get through the occasion. The Sociological perspective that I am applying to this article is the Symbolic Interactionist Paradigm. Because this perspective is micro sociology- how face-to-face interaction create the social world, and how face presenting interacts between participants in encounter. Face, image of self is like language sign that others would understand your felling as you express. Any emotions in your face tell others help you avoid bad situation. Being polite attitude is a sign of peace; in contrast, being cocky or angry face would start a fight and probably put you danger. Two people are in conversation and one turn to mad, to control the temper of encounter, another decide to leave him or his active for a moment to give him time to calm down; so they an avoid fighting. As if you blurt out of words during conversation, your action and how you express your face after that would affect your friends to whether forgive or not. The emotion present in your face would reflect the way people judge you. After reading the article â€Å"On Face Work,† I learned many ways to prevent an incident in which lead your relationship downhill. I believe people can understand each other through by looking at others’ emotion and guess their thinking without any word. I think there are some people express their motion and cause many trouble for them.

Why Does Urine Glow Under a Black Light

You can use a black light to detect body fluids. Its actually a good way to look for pet urine or make sure a bathroom or hotel room is really clean. Cat urine, in particular, glows very brightly under ultraviolet light.  Urine glows under a black light primarily because it contains the element phosphorus. Phosphorus glows yellowish green in the presence of oxygen, with or without black light, but the light imparts additional energy that make the chemiluminescence easier to see. Urine also contains broken down blood proteins that glow under a black light.