Descriptive Essay Capturing Invisibility - 999 Words

Casey Hollm Professor O’Gorman ENWR 106-21 4 November 2014 Capturing Invisibility I came to Montclair to have the opportunity to study fine art. As an aspiring artist, I am always searching for means of inspiration. When I read a book, I have a lot of trouble remaining focused after the first ten pages. In affect, it typically takes me several different days and time blocks to complete the book. Because Invisible People is a graphic novel, I was able to not only easily keep my attention on the story, but also genuinely enjoy the plot. I sat down during a rainy day and read the whole novel in under an hour. Being provided pictures and drawings while I read a novel helps me connect with what is going on and allows me to metaphorically put myself in the story. The main problem with The Things They Carried is that it is just like every other book I have ever read. Before reading Invisible People, I had never even thought about picking up a comic book, or any form of graphic novel. To my surprise, I had a lot of fun interpreting the story line wh ile I analyzed the well-thought out illustrations. The Things They Carried is an in-depth novel depicting life, love, death and war. Although it contains a compelling message, there is no spark that entices me to continue reading more of it than I was assigned. Fortunately, because of the expressive artwork in the graphic novel Invisible People I was able to acquire enough sentimentality for both novels. The way that a story isShow MoreRelatedEssay on Reflexive Embodied Empathy9936 Words   |  40 Pagesto the way existences (beings) are intertwined in a dynamic of doubling and mirroring. In a passage that encapsulates this recognition of reflexivity he states that â€Å"The mirror’s ghost lies outside my body, and by the same token my own body’s ‘invisibility’ can invest the other bodies I see. Hence my body can assume segments derived from the body of another, just as my substance passes into them; man is the mirror for man† (Merleau-Ponty, 196 1, cited in Churchill, 2000-2001, pp.29-30). ThompsonRead MoreOne Significant Change That Has Occurred in the World Between 1900 and 2005. Explain the Impact This Change Has Made on Our Lives and Why It Is an Important Change.163893 Words   |  656 PagesPHILADELPHIA Temple University Press 1601 North Broad Street Philadelphia, Pennsylvania 19122 www.temple.edu/tempress Copyright  © 2010 by Temple University All rights reserved Published 2010 Library of Congress Cataloging-in-Publication Data Essays on twentieth century history / edited by Michael Peter Adas for the American Historical Association. p. cm.—(Critical perspectives on the past) Includes bibliographical references. ISBN 978-1-4399-0269-1 (cloth : alk. paper)—ISBN 978-1-4399-0270-7

Medieval England s Apocalypse By Liam Dyer - 1134 Words

Medieval England’s apocalypse By Liam Dyer The 14th century was a beginning of a disease that spread horror and death throughout the whole of Europe. England was not spared from the outbreak and the daily casualties increased to heights no one thought would happen. The Doctors would try their best to stop a disease that would tear economies and families apart but not even they could stop its disparaging wrath. Economically the plague would tear cities to shreds. The governing bodies were not immune to the effects of the pestilence. The Black Death was a fiend that loved to commit chaos to whomever caught its deadly infection turning family and friends into corpses and love into immense heartbreak and tragedy. Facing these difficult times some still prayed to god and asked to forgive their sins so that they would not be diseased as many felt god was punishing the people of all the sins they committed. These impacts that the Black Death had on the English people made it the worst epidemic in English history however, was there s omething good that came out of this outbreak? The Bubonic Plague also known as the Black Death. Several theories have been brought forth by historians about the cause of the Black Death however the most prevailing theory was that it was caused by rats. The Disease actually came from the rat fleas, called Xenopsylla cheopis. These rat fleas came from infested dying rats. The fleas would leave the rats heading for the most accessible area of the human

Leadership Challenge Using Sources of Power Ethically Free Essays

Leadership Challenge: Using Sources of Power Ethically The misuse of power is constantly revealed in the business environment by the actions and characteristics of executives, leaders, supervisors, and managers. In reiterating the definition of power is having the know-how, to influence others to do something that they wouldn’t normally do (Lussier, 2008). The tactics that leadership uses are categorized into nine influential tactics: ? Rational Persuasion ?Inspirational appeal ?Consultation ?Ingratiation ?Exchange ?Personal Appeal ?Coalition ?Legitimating ?Pressure Most of which are likely used by leadership (Katzenstein, n. We will write a custom essay sample on Leadership Challenge: Using Sources of Power Ethically or any similar topic only for you Order Now d. ). List and explain the sources of power that the CEO of a large company typically has at her disposal. The source of power in business a CEO has is Expert, Referent, and Legitimate Power. C. E. O. is defined as Chief Executive Officer; the CEO is known to have the great power of delegation (Ellis-Christensen, 2012). There are many definitions of expert power and one definition is â€Å"Expert Power is stated as resting on the belief of employees that an individual has a particularly high level of knowledge or highly specialized skill set. Managers may be accorded authority based on the perception of their greater knowledge of the tasks at hand than their employees† (Turner, 2012). Referent Power is the use of personal power (ones’ attractiveness, respect, loyalty, and worthiness) to influence others to do your request. Referent power is like a role-model type of power, it uses your adoration from others toward influencing them to do something (Thomas, 2002). Legitimate Power is used from a person position and/or title. Legitimate power in is used to demand the others, regardless of their commitment or cooperation. This type of power tends to place distrust in the leaders capabilities in operating a business. Therefore, it is actually the title/position of a person rather than the person itself that carries this power. Describe how these powers can be used to avoid the various operational, administrative, and ethical problems experienced by companies. Business Problem 1 The business problem that may occur is a machine is down due to electrical issues and no backup machine or alternative available. Influence tactic The influence tactic used in this business problem will be consultation and inspiration appeal. The consultation was chosen to meet with the managers to see what can be done to improve on these problems and if it is feasible to obtain. In choosing the inspiration appeal is to encourage the employees not to get discouraged and thank them for doing a great job. Source of Power The source of power used in this situation for consultation is Reward, coercive or legitimate. The power used for Inspiration appeal is Referent power. Why this influence tactic addresses the problem I thought these influence tactic was best suited for the situation in handling this business problem. When such problems occur on the job, it sometimes tends to discourage the workers from getting their job done or begin to doubt the company obligation to that specific area leaving them wondering if it was intentional or not. Business Problem 2 The business problem that is experience too often in this problem is issues with checks and missing work time. Although payroll handles the issuance of checks, it still falls under administrative problems. Influence tactic The influence tactics used in this business problem are Legitimating, Rational persuasion, and Pressure. Source of Power The source of power for legitimating is legitimate power. The source of power for rational persuasion is expert power and the source of power for Pressure is Coercive power. Why this influence tactic addresses the problem I chose these for a number of reasons, one is legitimating can swing both ways. The employer will need a legitimate reason as why they should give you the correct amount of hours that the employees claim they are missing. In a sense the employee can request a statement showing the calculation of their hours. The employee can use pressure in pursuit of getting this problem corrected. Business Problem 3 The business problem that sometimes occurs is unethical business practices. Unethical business practices like dumping good at loss making prices just to earn market shares or to oust a new competitor from business, colluding with competitors to fix higher prices, using high pressure selling tactics, using deceptive advertising, etc. re also some things that need to be looked at (Patil, 2012). Influence tactic The influence tactics used in this business problem are rational persuasion, coalition, and legitimating. Source of Power The source of power for rational persuasion is expert power, the source of power for coalition is coercive power, and the source of power for legitimating is legitimate power. Why this influence tactic addresses the problem I thought that these tactics were definitely used in coe rcing influences on others, especially to benefit that particular person. Unethical business practices happen all over the world, most often never get address in order to prevent it from happening again and again. Unethical practices are used by businesses legitimating why they must have or need; even use coercive power to intense or sway the answer in their favor. Rational persuasion is basically similar to coercive power, the general idea is to lure the favor toward the persuader way. References Ellis-Christensen, T. (2012). What is a CEO? Retrieved on January 22, 2012 from http://www. wisegeek. om/what-is-a-ceo. htm Katzenstein, J. (). Influence Tactics. Retrieved on January 22, 2012, from som. csudh. edu/depts/adjunct/jkatzenstein/†¦ /Influence%20Tactics. ppt Lussier, R. N. (2008). Ethical Power and Politics. Retrieved on January 22, 2012, from highered. mcgraw-hill. com/sites/dl/free/0073210552/†¦ /chap010. ppt Patil, S. B. (2012). Ethical Issues in Business. Buzz. com. Retrieved on January 22, 2012 from http://www. buzzle. com/articles/ethi cal-issues-in-business. html Singh, A. (2009). Organizational Power in Perspective. Leadership Management in Engineering, 9(4), 165-176. doi:10. 1061/(ASCE)LM. 1943-5630. 0000018 Thomas, J. C. (2002). Leadership Effectiveness of Referent Power as a Distinction of Personal Power. Retrieved on January 22, 2012 from http://www. jctnet. us/Professional/MOL/LEAD605/ThomasJMicroBP$2. pdf Turner, M. C. (2012). Leadership Styles and Bases of Power. Reference for Business Encyclopedia of Business, 2nd Ed. Retrieved on January 22, 2012 from http://www. referenceforbusiness. com/management/Int-Loc/Leadership-Styles-and-Bases-of-Power. html How to cite Leadership Challenge: Using Sources of Power Ethically, Papers

Hopeless Case And An Abuse Of Process †MyAssignmenthelp.com

Question: Discuss about the Hopeless Case And An Abuse Of Process. Answer: Introduction There are numerous reasons why a litigant may wish to bring a case or mount a defense which has no prospect of success.Few would disagree that the bringing of such cases should be discouraged. One way in which the courts have sought to discourage such cases is by compensating the successful litigant, and punishing the advocate for the unsuccessful side by awarding costs against the advocate for assisting in bringing the hopeless case or defense. Such awards are made on the ground that the court has an inherent jurisdiction to ensure that its procedure is not abused and used to achieve an injustice to one of the parties, and to punish misconduct of those who appear before it. Distinction between a hopeless case and an abuse of process In most cases costs orders made by the courts will only partially compensate for the financial hardship of the trial, and can never compensate for the associated stress. How much greater then is the wrong done to the successful litigant when the opposing claim or defense is wholly without foundation. When a case is demonstrably hopeless the successful party has been put to the considerable cost and trouble of a trial for no cause whatsoever. This is one motivation for the longstanding attitude of the law in discouraging the bringing of hopeless cases. This paper seeks to the possible tensions that such a rule creates within the role of an advocate, and examines the basis on which the intervention of the court has been justified. By examining in greater detail the limited circumstances in which the courts have exercised the jurisdiction to order costs against an advocate it will be seen that the objections to the jurisdiction are not persuasive. Thus, my thesis is that a rule which compensates litigants who have been brought before the court to defend a hopeless cause (or dismiss a hopeless defense) by ordering the advocate to pay the costs (and thereby punishing the advocate) is justified. One of the problems which a lawyer in civil practice is likely to encounter is the dishonest client. There are clients whose case would involve revealing previous dishonesty: for example, the builder who wants to recover lost profits on a contract for carrying out grant-aided works and whose records reveal that the prices on which the grant claims were based were different from the prices actually charged, or the personal injury claimant who wants to recover for the loss of undeclared earnings and who was fraudulently claiming benefits. Hopeless Facts The advocate is not a fact-finder. The primary task of an advocate in our judicial system is to present the client's case in the best light possible. They are not therefore to usurp the court's role in determining the credibility of witnesses, or the inferences which may be drawn from the evidence. This said, they are not allowed to assume the truth of their clients' evidence in an uncritical manner. One example of a case which, from the report, appears as much ridiculous as hopeless, but in which the advocate was not found to have acted improperly, isOrchard v South Eastern Electricity Board the plaintiffs in this case occupied a house which suffered from poltergeist-like phenomena. Patches of water would appear in areas of the house, especially around electricity sockets, and items of furniture would move. The plaintiffs claimed that these phenomena were due to an escape of electricity which caused water to vaporize and reappear as the patches of water. The escape similarly caused static build-ups which in turn caused the furniture to move. Perhaps most surprising is the fact that these allegations were supported by the evidence of an independent expert. It transpired that the phenomena were the result of actions by the plaintiffs' 15 year old son. Abuse of process White Industries v Flowers and Hart, A firm. Legal advice, no sustainable cause of action but litigation could be used to delay settlement. White Industries succeeded in primary litigation. Property developer bankrupt so White Industries sought to recover costs order against lawyers who had given the initial advice. Conclusion There are numerous reasons why a litigant may want to bring a claim or mount a defense that has no prospect of success. There are similarly a number of reasons why an advocate may wish to, or be under pressure to, assist in such an endeavor. If we accept that an advocate is more than a mere agent for the client, and has an independent role to play in the administration of justice, then assisting in a case which can be shown to be hopeless must amount to misconduct. It is this premise upon which the courts have exercised their jurisdiction to award costs against advocates who bring doomed claims or defenses before the court. It was inferred that Causes of action were hopeless and the claim had been abandoned entirely at the conclusion of the trial Trial Judge considered case was hopeless from inception AND the letter from the law firm threatening to create a PR nightmare evidenced an ulterior motive for the litigation On these facts justice done by imposing Indemnity costs on the law firm Bradbury NOT counsel The courts have sought to achieve a balance between protecting those who appear before it, and ensuring that innocent victims of wrongdoing by an advocate are compensated. The rule that an advocate may not assist in bringing a hopeless case or mounting a hopeless defense is, in fact, not as onerous as some might claim. The courts have only stepped in where a claim or defense was hopeless, and this would be apparent to any competent advocate who took the time to inquire. In cases of doubt the courts have rightly leaned in favor of the advocate. The court's jurisdiction to award costs against an advocate who assists in bringing a hopeless case is not a panacea for the proliferation of needless and doubtful litigation. However, it does set a threshold of what the court will tolerate of which all advocates would do well to be aware. Was solicitor acting for more than one party in the same transaction is legal or not? It is observed that one distinction between legal practice as business and a profession is that the code of ethics requires lawyers to promote interests of clients over interests of lawyers; the professional relationship is based on confidence and trust. There is no absolute rule that a solicitor must never act if the interests of clients may conflict It is considered that Impossible for the court to evaluate the value of confidential information, the fiduciary duty to protect confidential information is absolute subject to consent It is considered that these will be valid and fiduciary duties of undivided loyalty and confidentiality of lawyer if he indulged in following acts Acting for 2 clients in the same transaction; Chapter 6 Possible to act with informed consent if risk of conflict negligible, Importance of retainer: Mouat v Clarke Boyce and whether parties interests are converging or diverging: Taylor v Schofield Peterson Acting against former client in litigation context Importance of the appearance of justice, courts process must be unimpeachable from the perspective of the reasonable bystander: Black v Taylor, Hana v Stephens Conclusion It is considered that if acting for 2 clients in the same transaction a conflict will not arise if the clients interests are congruent or the retainer is narrow: Taylor v Schofield Peterson, Chapter 6 of the rules InBristol and West Building Society v Mothew[1998] Ch 1 Lord Justice Millet described a fiduciary obligation as follows: A fiduciary is someone who has undertaken to act for or on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. The distinguishing obligation of a fiduciary is the obligation of loyalty. The principal is entitled to the single-minded loyalty of his fiduciary. Lawyers who act for more than one client on a matter place themselves in a position where they may be unable to provide single-minded loyalty to each client. No lawyer can serve two masters. The moment a lawyers single-minded loyalty to one client is compromised by concern for another client, the fiduciary relationship has been broken, the lawyer has lost independence and the rule of law has been undermined. Principles which apply to disqualification There are following principles which are given as below It is observed that Code of Professional Conduct; Lawyers are regulated by the Lawyers and Conveyances Act 2006 the Act and Lawyers and Conveyances Act (Lawyers: Conduct and Client Care) Rules 2008 (Conduct and Client Care Rules made pursuant to S 95 of the Act) Lawyer must not communicate with witness during or between x-examination/re-examination, except for good reason and with consent of judge or other side/s otherwise it may result to disqualification of their professional capacity. Reputation of the others- Professional representative should not be allowed to indulge in alleging fraud, dishonesty, undue influence, duress or other reprehensible conduct, unless the lawyer has taken appropriate steps to ensure that reasonable grounds for making the allegation exist. Y v M. Lawyer must protect the court process to increase the efficiency of court litigation. Judge Spiller based on duties to the court in litigation context Judging in context stresses that legal phenomena need to be assessed in their relevant setting. This approach is in tune with reality-based judging, in the interests of achieving substantial merits and justice in the individual case. This approach is the antithesis of one which looks at legal issues in isolation or in the abstract, which focuses on technical considerations, and which gives rise to artificial outcomes. The criticism often made of a contextual approach is that this undermines legal certainty and predictability. It is true that the use of the Wilberforce approach in New Zealand has produced a variety of outcomes in individual cases. As has been seen above, the factual matrix test was sometimes used to supplant clear contractual rights. But the hope of legal certainty in the sense of predictable outcomes in every case is an illusory one and carries the potential for injustice. Lord Wilberforces legacy to New Zealand law lay in flexible principles which took account of relevant circumstances and were designed to achieve appropriate and just results. He once observed Conclusion The duty to the court includes a duty to put all relevant and significant law known to the lawyer before the court, whether it supports the lawyers case or not. This duty continues until final judgment is given in the proceeding. (If after the conclusion of hearing, but before delivery of judgment, counsel wishes to make further submissions by counsel, leave of the judge is required). There are following procedure and justice which are given as below Inherent jurisdiction of High Court to control its own process which includes power to determine who should be permitted to appear before it as an advocate Court exercise jurisdiction to ensure that justice is administered properly, to preserve public confidence in the judicial system Justice not seen to be done if lawyer because of a previous connection with the opposite party is in a conflict of interest position Justice not achieved if reasonable bystander would think it possible that conflict exited