Monday, March 16, 2020

Free Essays on How A Case Researches The Supreme Court

The vast majority of cases reach the Supreme Court only as appeals from lower federal court decisions or from the highest state court. These cases come to the Supreme Court in one of two ways – on appeal or by writ of certiorari. A few cases start at the Court because they fall under its original jurisdiction. When petitions for certiorari come to the Court, the justices or their clerks identify cases worthy of consideration and then place them on a list. At a conference, the justices review and discuss the selected cases, and then vote on which cases to accept for decision. When the justices accept a case, they also decide either to ask for more information from the opposing lawyers or to rule quickly on the information that was provided. Cases decided without further information are either returned to the lower court for a decision or announced with a per curiam opinion. After the Court accepts a case, the lawyers on each side submit a brief. After the briefs are fil ed, a lawyer for each side is asked to present a thirty minute oral argument before the Court, in which he or she summarizes the key points of the case. On Fridays, the justices meet in conference to discuss and decide the cases they have heard. Then, the Court issues a written opinion stating the facts of the case, announcing the Court’s ruling, and explaining its reasoning in reaching the decision. Some people criticize the fact that the Supreme Court is not very democratic because nine people speak for the entire country. These individuals, critics argue, are ultimately responsible for settling disputes and interpreting the meaning of laws. Through judicial review, they examine the laws of local, state, and national governments and cancel them if they violate the Constitution. The Court may also review Presidential and Congressional policies. In addition, when the Court applies the law to specific disputes it often determines what national poli... Free Essays on How A Case Researches The Supreme Court Free Essays on How A Case Researches The Supreme Court The vast majority of cases reach the Supreme Court only as appeals from lower federal court decisions or from the highest state court. These cases come to the Supreme Court in one of two ways – on appeal or by writ of certiorari. A few cases start at the Court because they fall under its original jurisdiction. When petitions for certiorari come to the Court, the justices or their clerks identify cases worthy of consideration and then place them on a list. At a conference, the justices review and discuss the selected cases, and then vote on which cases to accept for decision. When the justices accept a case, they also decide either to ask for more information from the opposing lawyers or to rule quickly on the information that was provided. Cases decided without further information are either returned to the lower court for a decision or announced with a per curiam opinion. After the Court accepts a case, the lawyers on each side submit a brief. After the briefs are fil ed, a lawyer for each side is asked to present a thirty minute oral argument before the Court, in which he or she summarizes the key points of the case. On Fridays, the justices meet in conference to discuss and decide the cases they have heard. Then, the Court issues a written opinion stating the facts of the case, announcing the Court’s ruling, and explaining its reasoning in reaching the decision. Some people criticize the fact that the Supreme Court is not very democratic because nine people speak for the entire country. These individuals, critics argue, are ultimately responsible for settling disputes and interpreting the meaning of laws. Through judicial review, they examine the laws of local, state, and national governments and cancel them if they violate the Constitution. The Court may also review Presidential and Congressional policies. In addition, when the Court applies the law to specific disputes it often determines what national poli...

Saturday, February 29, 2020

Assessment Essay Example for Free

Assessment Essay Initial assessment- the starting part, used to decide what is known, what needs to be taught and what can be assessed. Formative assessment- this stage is where the learner is still in training and requires feedback on how they are progressing. Summative- used to judge completion. Whether you have passed or not. Holistic- clustering of assessments based on the grouping of a work role, rather than stand alone. Functions of assessment in training – Identify the skill gap – Design the training – Deliver the training – Plan the assessment – Assess – Feedback – Either move on to the next part of training or go back and re do the previous assessment. This starts from the minute you get a new learner signed on. I do this by, setting out a training plan, giving the training, deciding with the learner when we both feel they are ready to be assessed and then do the assessment. With Sonya, she came from another salon where she had already done her level 2, she was about to be signed on to level 3. Before we got her signed on we done an assessment on a colour and a cut to make sure she was competent at level 2. 1:2 Key concepts and principles of assessment Reliability: By using the criteria and qualification and credit framework any assessor working independently should come to the same decision when assessing a learner. The learner should have been given the appropriate training and be competent to do the assessment. Validity: Is the work valid to the unit? The learner should be watched at all times to make sure the work is authentic. Assessments show us, what the learner is capable of and where further training would be required. It would also show if the learner needed any extra help. 1:3 Responsibilities of the assessor – Make sure the candidates logbook is marked of when an assessment has been passed. – Provide opportunities for assessment and make sure you book time out in your column. – Be fair to all candidates, avoid any discrimination, comparing one against the other. – Assess the learner against the national occupational standards and not your own opinion of what the standards should be. – Consider the needs of the individual candidates; one might have a different learning style to the other. Learning difficulties should also be taken into account and help appropriate given where needed. – Plan and assess assessments with candidates. Make sure learner and assessor think it is the right assessment to be done and that the learner is capable of doing the assessment. – Place the learner under no undue pressure. If the candidate does not feel good about doing the assessment you should encourage them, if as an assessor you think they are capable of passing the assessment. But do not apply pressure as this could make the learner worry or feel stressed out by this. – Check and ensure all the evidence is valid, authentic, current, sufficient and reliable. Make sure the work is valid to the unit and accurate, the learners own work, the work is consistent and of the appropriate nvq level criteria and is not a fluke. The work should also be current, i.e. if the learner has transferred salons and had some assessments already signed off you should make sure they are currently competent. – Give constructive feedback. Using â€Å"complement sandwich† Positive comment Critical comment Positive comment Make sure you include the learner to give self assessment so you know how they think they have done. When giving your feedback always start with â€Å"how do you think you did?† Always give feedback promptly and record all assessment decisions and evidence clearly and fully so that everyone can always look back and see what has been said and done. Also in case there are any disagreements on the outcome you can look back at the records. – Agree future action plans with the learner so that both the learner and assessor know what the next stage will be. – Any discussions with the learner should be carried out in a professional manor. During meetings with the learner you should review the progress of assessment plans and determine where additional learning and training is required. I have recently had an issue with one of my trainee’s, she did not want to be taught anymore, and just wanted to be assessed on her cutting. She felt she had had enough training , although I didn’t. As she felt very strongly about this I allowed her to do a model we were going to use as training as an assessment, I did this so she would understand that she needs more training. Once she had completed the assessment I checked the cut, and explained to her where she had gone wrong, and also explained to her that with a little bit more practice she would be able to be assessed on models similar to what she had done and would be able to be marked off on them. She has agreed to have a little bit more training and agreed we will decide together in future when she will be assessed so as not to waste models. 1:4 Regulations and requirements relevant to assess hairdressing. – Realistic working environment. Must develop realistic management procedures that incorporate a ‘salon image’. – All assessments must be carried out under realistic commercial pressures and on paying clients. Assessments should be completed within the commercial timescale. Candidates must be able to achieve a realistic volume of work. – The space per working area conforms to health and safety legislation. – The range of services, professional tools, products, materials and equipment must be up to date and available for use. A reception area for clients to be greeted must be available. It must also include a payment facility. – A retail facility must be provided. Assessment. (2016, Sep 20).

Wednesday, February 12, 2020

Folic acid food fortification is associated with a decline in Essay

Folic acid food fortification is associated with a decline in neuroblastoma - Essay Example Neuroblastoma is one of the most common cancers affecting children today, forming 8%-10% of the total seen from birth through age 14 years.   It affects one in every 6,000 to 7,000 children in North America (Nutra ingredients.com, 2003). It is a disease in which cancer cells are found in certain nerve cells within the body. Neuroblastoma typically begins in the abdominal area either in the adrenal gland (located just above the kidney) or around the spinal cord in the neck, chest, or pelvis (Pressinger & Sinclair, N.D.). Studies show that folic acid food fortification has more than halved the incidence in Canada of the deadly childhood cancer neuroblastoma. Chemically Folic acid has the molecular formula C19H19N7O6 with a molecular weight of 441.40. The scientific name of folic acid is N-[p-[2-Amino-4-hydroxy-6-pteridinyl) methyl] amino] benzoyl]-L-glutamic acid. It is a complex organic compound present in liver, yeast, and natural sources; it also may be prepared synthetically (RxList, 2004). Metabolically, folic acid is converted to coenzyme forms required in numerous one-carbon transfer reactions involved in the synthesis, interconversion and modification of nucleotides, amino acids and other essential structural and regulatory compounds (Bailey, et al, 2003). As an essential cofactor for the de novo biosynthesis of purines and thymidylate, folate plays an important role in DNA synthesis, stability and integrity, and repair, aberrations of which have been implicated in colorectal carcinogenesis. Folate may also modulate DNA methylation, which is an important epigenetic determinant in gene expression, maintenance of DNA integrity and stability, chromosomal modifications, and the development of mutations. (Kim, 2004). Daily ingestion of 400  µg of folic acid alone during the preconception period reduced a womans risk of having a fetus or infant with a neural-tube defect. The

Saturday, February 1, 2020

Effective Assessment Practices Paper Essay Example | Topics and Well Written Essays - 1000 words

Effective Assessment Practices Paper - Essay Example 1. Assess student readiness for learning -- Any information that the student needs is available to them in some way. Usually this material is part of the syllabus. It will include any pre-requisites for the course that are needed, the ways that are acceptable for the course to be completed (how to submit assignments etcetera) and the consequences of cheating or plagiarism. 2. Learning objectives, instructional and assessment activities are aligned -- students will be informed in this section about the criteria that will be used to evaluate discussions, core concepts, grading and assignments as well as student projects. Due dates will be clear and each student will know what is expected. 3. Multiple assessment strategies -- This section evaluates the different types of assessment that include things like reference lists of materials students can use, options for the assignments, tests and quizzes, papers or projects and any other type of assessment that the instructor feels is necessary for the course to be completed. 4. Regular feedback -- students should receive feedback quickly from the instructor and the teacher should guide the student for improvement. Rubrics are important to allow all students to know what is expected, the grading scale is described and if necessary there are practice exercises. 5. Self-assessments and peer feedback -- some instructors include self assessment practice assignments that they make available to students before tests. Others have specific questions, have peer review or students get to apply their work to rubrics. 1. Evaluation criteria -- criteria should reflect instruction, the essence or key attributes of a skill or body of knowledge to be mastered and all criteria must be teachable (students must be able to improve). 1. DFN 12012 Assessment for Cardiovascular Respiratory Renal Block (Appendix A)-- this rubric does not meet the criteria for a good rubric. The rubric asks students

Thursday, January 23, 2020

Sylvia Plaths The Bell Jar - Feminist Thought :: Feminism Feminist Women Criticism

The Bell Jar   - Feminist Thought The Bell Jar  Ã‚   This autobiographical novel by Sylvia Plath follows the story of Esther Greenwood, a third year college student who spends her summer at a lady's fashion magazine in Manhattan. But despite her high expectations, Esther becomes bored with her work and uncertain about her own future. She even grows estranged from her traditional-minded boyfriend, Buddy Willard, a medical student later diagnosed with TB. Upon returning to her hometown New England suburb, Esther discovers that she was not selected to take a Harvard summer school fiction course, and subsequently starts to slip into depression. Esther finds herself unable to concentrate and perform daily tasks. Therefore she decides to undergo a few sessions with Dr. Gordon, a psychiatrist, and even undergoes treatments of electroshock therapy. As the depression sinks in, Esther becomes obsessive about suicide, and tries to kill herself by crawling into the cellar where she subsequently ingested a bottle of sleeping pills. Esther's attempt fails and she is taken to a city hospital, and then over to a private psychiatric institution by the intervention of a benefactor. As Esther begins to recover, she develops a close relationship with her psychiatrist Dr. Nolan, and eventually leaves the hospital as a transformed woman. This transformation, spiritual reassessment or moral reconciliation is exactly the kind of happy ending described by Fay Weldon. In The Bell Jar, Sylvia Plath ends the book with the scene of Esther going into meet the doctors of the mental evaluation board. She is standing outside the room with Dr. Nolan, observing the people around her and making observations about herself: 'Don't be scared,' Doctor Nolan had said.But inspite of Doctor Nolan's reassurances, I was scared to death. There ought, I thought, to be a ritual for being born twice patched, retreaded and approved for the road, I was trying to think of an appropriate one when Doctor Nolan appeared out of nowhere and touched me on the shoulder. All right, Esther. I rose and followed her to the door..and guided myself by them (the doctors), as by a magical thread, I stepped into the room. (pg.199) This particular assessment is significant to the rest of the work because Esther goes through a drastic change in order to get where she is now. At the start of the novel, Esther is seen as very intelligent, yet she faces the woman's dilemma of choosing between career and family to the ambivalence of remaining a virgin.

Wednesday, January 15, 2020

Critically Evaluate Maslow’s Hierarchy of Needs as Way of Understanding Employee Motivation in Contemporary Chinese Business

Critically evaluate Maslow’s hierarchy of needs as way of understanding employee motivation in contemporary Chinese business. Because of the great developing and consume potentials in China, more and more multinationals are attracted. Companies who had rich successful experiences in west have difficulties to manage in this unfamiliar emerging market (in Alas, 2008). To define the way of understanding employee in China, needs and motivations of Chinese employees should be considered first. Maslow's hierarchy of needs as one of the most discussed theories which related to people motivations should be included.According to Maslow’s model, individuals have the same order of needs all over the world. Some criticisms pointed out that needs would change under different cultures. Furthermore, following the great changes of China, employee motivations between new China and contemporary China changed as well. Due to the reform in China, Chinese people have more chance to communic ate with western which gave a important impact on Chinese employees’ work values and motivations. This essay will evaluate Maslow’s hierarchy of needs as way of understanding employee motivation in contemporary Chinese business.From Maslow’s perspective (in Geren, 2011), human needs are the same worldwide. It indicated that the hierarchy of needs which developing based on U. S. society can be applied all over the world. Whereas the research of Hofsted (2001) reported that people under different cultures have diverse values which have a motivational influence on life choices and behaviors (in Alas, 2008). Compared with the individualism culture in U. S. , China exists as a collectivist society due to its long history of traditional culture and the dominant position of imperial power.Individuals in the individualistic society are concerned more about self-success, but for Chinese people, maintain harmony within their social environment is more significant. Accordi ng to Kirkman and Shapiro (in Alas, 2008), there are some crucial links between cultural values and job attitudes which can be the approach to study employee motivations between U. S. and China deeply. A diagram about the hierarchy of needs of the People's Republic of China by Nevis (in Gambrel and Cianci, 2003) showed that the order of needs of Chinese people and employees are: social belonging, physiological, safety and elf-actualization. Employees in China tend to emphasize social needs more over individualistic needs which means the status and identity were concerned more in a society, while employees in more individualistic society such as America stress more on individualistic needs. A famous case was at Lenovo when Chinese and American employees worked as a group, Chinese employee considered the team as the key for company’s successful. However, The Americans were trying to identify individual high performers (Gallo, 2008).The hierarchy of needs model seems not appropr iate for understanding the employee motivations in China business. However, an ambitious reform program was launched in China. Instead of a relatively closed system previously, an open, market-driven system had been set up. A series of actions including entering the WTO, opening the western region of China and building up an information network have given dynamic to support the system and take the way to develop. As a result of these great changes of China, employee motivations and work values between new China and contemporary China changed as well.According to studies by Ralston et al. (in Jaw, 2007), Work values of contemporary Chinese leaders who get a higher score on individualism differ from those older generation of the past. It indicated that new generation of Chinese manager characterized more individualistic. Furthermore, because of the experiences to western thought and management practices, Chinese employees who ever had under western cultural influence are more aggressi ve (in Jaw, 2007). It stated that work values are different between Chinese employees who have western cultural experiences and those who have not.Chinese employees who have western cultural exposure experiences focus more on individual values, especially self-esteem and self-actualization which can be applied in Maslow’s model. As the number of those employees increasing, this tendency will become more obviously. For those Chinese employees who do not have a western background, they put more emphasis on the material standard of living and work conditions which can be seen as the first level of Maslow’s model. For example, high wages have been seen as one of the most significant factors to attract employees in contemporary Chinese business.In order to motivate employees more effectively, Google’s office in China not only provide fresh fruit and high quality food, but also create relax and comfortable working environment (Marre, 2011). The ANOVA test of work valu es in 4 areas showed that Chinese respondents pay more attention to the provision of welfare than employees in the other areas (in Alas, 2008) . When employees’ age is old enough to retire, they need the welfare to support daily life without working. It reflected the importance of the security of their work.The reasons behind their needs were attributed to the different developments in the economy after experiencing a centrally planned economy in China and low material standards of living (in Jaw, 2007). Although China has been seen as the emerging market with full of power, the country had experienced a socialist regime which have considerable less wealth than traditional capitalist countries and started to develop only around 30 years. That caused most of Chinese employees still strive for the lowest need and also explain the rationality of Maslow’s hierarchy of needs in China. To sum up, as the representer of U.S. middle class values during the period of individual achievements were stressed, Maslow’s model is not applied across all cultures (in Jaw, 2007). However, as a result of the reform in China in 1978, links between China and the world connected. By the influence of western culture, Chinese manager and employee who had a background in foreign countries shown more aggressive and ambitious which closer the stage of self-esteem and self-actualization among Maslow’s theory. On the other hand, general employees focus more on income, work environment and welfare which explain Maslow’s model in a practical way.Although Maslow’s model is not apply in a collectivistic society, it becomes more proper to express Chinese employees motivations after 30 years’ development. Word count:1004 References: Alas, R. (2008) Attitudes and values in Chinese manufacturing companies: A Comparison with Japanese, South Korean and Hong Kong companies. Chinese Management Studies Vol. 2 No. 1 pp. 32-51 Marre, W. (2011) Is GOOGLE Emp loyee Heaven? Available from: [March 2012] Gambrel, P; Cianci, R. (2003) Maslow’s Hierarchy of needs: Does It Apply In A Collectivist Culture. Journal of Applied Management and Entrepreneurship; Apr 2003; 8,2; ABI/INFORM Global pg. 43 Gallo, F. (2008) Business Leadership In China: How to Blend Best Western Practices with Chinese Wisdom, Publisher: Wiley; (August 1, 2008) Geren, B. (2011) Motivation: Chinese theoretical Perspectives. Journal of Behavioural Studies in Business Vol. 3 [online]. Available from: [March 2012] Hofstede,G. (2001) Culture's Consequences: Comparing Values, Behaviors, Institutions, and Organizations across Nation(2nd ed. ), SAGE Publications: Thousand Oaks, CA Jaw, B-S; Ling, Y-H; Wang, C. Y-P; Chang, W-C. (2007) The impact of culture on Chinese employees' work values. Personnel Review Vol. 36 No. 1, 2007 (pp. 128-144)

Tuesday, January 7, 2020

International Business Machine Corporation ( Ibm ) Essay

International Business Machine Corporation (IBM) was funded in 1924 in the Unite Stats by Thomas J. Watson. IBM as the world biggest Information Technology assistance service and business company. It is well known that IT market exist several large and powerful company such as Microsoft and HP. The WPP (2016) reported, based on BrandZ 2016, IBM receive rank of 10th out of the 100 which IBM at the leading position. According to such consequence, it is clear that IBM has own advance strategic position and business development. This assessment mainly to evaluate IBM’s competitive strategic. Base on the strategy, this article will critical analysis the strategy and give personal view. This report is divided into three parts. Firstly, this report will review the theory of generic competitive strategy. Secondly, combine the situation of IBM with competitive strategy and give the view of the selection of competitive strategy. Finally, it will base on these parts to give accommodation . Basic, the generic competitive strategy mainly to connect with Porter. Porter believe the position of an enterprise in its industry determines its profitability. However, for an enterprise to maintain a high economic efficiency for a long time requires a competitive advantage which mainly refer to cost advantage and differentiation. These two advantages come from the ability of the enterprise to deal with the five forces from the environment. According to enterprise apply such advantage in narrow orShow MoreRelatedInternational Business Machine Corporation ( Ibm )1521 Words   |  7 PagesCompany Overview International Business Machine Corporation (IBM) is an American multinational that provides Information technology (IT) products and services worldwide, with headquarters in Armonk, New York, United States. 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Watson and Charles R. Flint on June 16, 1911. (IBM Corporation , 2014) †¢ Headquartered in Armonk, New York. (IBM Corporation , 2014) †¢ IBM is a 400,000 strong employee organization working with clients in 170 countries thus makingRead MoreIbm Corporation : My Developerworks Case Study1698 Words   |  7 Pages (IBM Corporation, 2014) Title – IBM Corporation: My developerWorks Case Study Date – 9/15/2014 Name – Pawankumar Sharma CRITICAL FACTS: †¢ International Business Machines Corporation (IBM) is an American integrated technology and consulting company founded by Thomas J. Watson and Charles R. Flint on June 16, 1911. (IBM Corporation , 2014) †¢ Headquartered in Armonk, New York. (IBM Corporation , 2014) †¢ IBM is a 400,000 strong employee organization working with clients in 170 countries thus makingRead More The Pc Industry Essay1009 Words   |  5 Pagesstructure and the behavior of firms in the Personal Computer Industry. 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