Impact of Labour Unrest for Business (Production) Essay

Impact of Labour Unrest for Business (Production) - Essay Example Labor unrests are generally organized and strike actions carried out by labor unions in the case of the failure of solving such labor disputes. The employees and the overall workforce alter the normal production routine process, thus impacting the shareholders of the production business; the key reason for these unrests is the workers articulating for the increase in wages and labor rights (Silver, 2003). The impacts of labor unrests on a production firm or a business can be discussed as follows. Lower Production levels Labor unrests have a significant impact on the businesses dealing with production, as they lead to lower production levels. Strikes by workers affect greatly the production levels, because most of the production businesses do not have production schedules where one day stock is taken as surplus. Thus labor unrests can lead to the drastic decrease in the production volumes, which can impact the key wholesalers and retailers negatively, as the business production is a c ountrywide supplier (Silver, 2003). Shift in consumer demand Labor in the production business causes shifts in the demand of consumers, notably in the case of strikes. Typically, most of the manufacturing companies keep a significant volume of inventory in their warehouses purposely, as a precaution against labor unrests, which can only represent not more than a month inventory. This production schedule approach ensures that companies continue with their normal production and supply operations for some time after the unrests, thus providing a period for solving the labor dispute without much effect on their business operations (Silver, 2003). In the case of the dispute taking long to be resolved, consumers may wait for the return of the normal operations or shift to the available competitors. Overlap impacts Labor unrests of higher degree of magnitude such as nationwide strike have a direct as well as an indirect impact on the related markets. Such labor unrests are characterized by work stoppage in the production manufacturing company, and this has a great impact on its major outlets and other stakeholders that have frequent transactions with the company. Labor unrests can lead to a standstill of operations in its markets. Companies operating as providers of complimentary services to the production company are the highly affected, because its services or commodities will loose it major market share due to the slowdown of operations at the production company’s plants. This situation may lead to these stakeholders’ decision to go to other markets and the suppliers’ decision to go to the market outlets (Silver, 2003). Loss of revenue and profits Labor unrests cause slowdown and, at times, standstill in the operations at the manufacturing plants. These standstills and slowdowns have an impact of reducing the volume of sales. Lower volume of sales translates into lower revenue realized from them, leading to lower profitability as compared with the period of labor stability (Silver, 2003). This impact is commonly expected to extend to the major outlets, as the level of supply will go down and the company is a nationwide distributor. In this case the company will go at a loss, since the overhead fixed cost will remain the same, straining the less realized revenue and the profits. Impact on employee performance An

Conservation of Races Essay Example for Free

Conservation of Races Essay The United States of America, since its commencement, has been a â€Å"melting pot† of different nationalities. While the term melting pot sounds forthcoming, this is not the case in reality. Many times cultures collide due their differences in ideology, culture, and geographical proximity. Such culture clashes have marked the history of the United States. Race is usually thought of in the physical sense with difference in skin color, hair, facial features, and language. Although race usually follows along physical lines, it is much more far reaching and extends into the social and cultural beliefs. In the past, the dominant trend was to keep these beliefs separate, consequently increasing the feeling of racial unity and racism in society. History has shown us that man has used segregation as a method of not only keeping the peace, but also of keeping the purity of a race in tact. In 1897, an address to the Negro Academy entitled â€Å"The Conservation of Races,† W. E. B. Dubois states: â€Å"The question, then which we must seriously consider is this: What is the real meaning of Race; what has, in the past, been the law of race development, and what lessons has the past history of race development to teach the rising Negro people? I thought the caliber of Dubois’ intelligence and boldness to ask the question was compelling. Throughout this essay I will explore and illustrate how Dubois comes to answer the questions, which he asked his audience. I found it easier to dissect the complex question into three separate questions. First I will illustrate how Dubois defines race. Then I will pinpoint where the basis of the law of race development is formulated. Finally, he answers the question; what can lessons of past history of race development teach the rising Negro? W. E. B Dubois writes that he believes that the conservation of races is the cornerstone of keeping the Negro race pure and intact. Thus, for him, race preservation is not backed only with racial motives, but to help society better itself as a whole. The history of the world is outlined by the histories’ of different groups and races. He states, â€Å"If it be true the history of the world is the history, not of individuals, but of groups, not of nations, but of races, and he who ignores or seeks to override the race idea in human history ignores and overrides the central thought of history (pg.142). In The Conservation of Races Dubois stresses the importance of surveying the whole question of race. He criticizes a biological account of race. He claims that such an account is inadequate because it fails to explain both the wide variety of physical traits within a race and the physical likenesses shared by all humans. For example he states, â€Å"Many criteria of race differences have in the past been proposed, as color, hair, cranial measurements and language. And manifestly in each of these respects differ widely (pg 142)†. Instead, Du Bois proposes a definition of race based on sociohistorical criteria that emphasized cultural and political loyalty. He defines race as: a vast family of human beings, generally of common blood and language, always of common history, traditions and impulses, who are both voluntarily and involuntarily striving together for the accomplishment of certain more or less vividly conceived ideals of life (pg. 142). I would have to agree with Dubois that race is a combination of language, traditions, color, impulses, common blood and ideals of life. This is extremely evident in the anatomy of the world. You can have people who are physically, spiritually, politically, socially, etc. very different be members of the same race. â€Å"Although the wonderful developments of human history teach that the grosser physical differences of color, hair and bone go but a short way towards explaining the different roles which groups of men has played in Human Progress, yet there are differences- subtle, delicate, and elusive, though they may be which have silently but definitely separated men into groups† (pg 142). Here Du Bois suggest an ideal of the law of race development. He further adds, â€Å"At all times, however, they have divided human beings into races, which, while they perhaps transcend scientific definition nerveless, are clearly defined to the eye of the Historian and Sociologist† (pg. 142). I think and maybe Du Bois would agree that the idea of race is an outdated, invalid scientific concept used to categorize individuals and validate who is superior or inferior. As discussed in class I don‘t think racism will ever cease to exist, because the ideal of race is far too prevalent from individuals of all sizes, shapes, and colors. And focusing on the illusion of race will never solve the problem of racism. The only way to stop racism is to end the classification of individuals based on meaningless physical characteristics as a whole and celebrate diversity. Finally, he answers the third part to his complex what can the lessons of past laws of racial development teach rising Negro people. By answering this question he attempts to motivate African Americans to create a recognizable culture and make a difference in the world. He believed that African Americans had potential. He thought that in order eliminate the problems African Americans were facing the focus must first be on boosting the African American culture. He states, As such, it is our duty to conserve our physical powers, our intellectual endowments, our spiritual ideals; as a race we must strive by race organization, by race solidarity, by race unity to the realization of the broader humanity which freely recognizes differences in men, but sternly deprecates inequality in their opportunities of development† (pg. 145). Dubois also saw the need for one main intellectual entity, a Negro Academy. Dubois eloquently stated, â€Å" for all these products of the Negro mind, which we may call a Negro Academy. Not only is all this necessary for positive advancements, it is absolutely imperative for negative defense† (pg. 145). He also notes that the African race has not yet been able to share its message. He sates, â€Å"For the development of Negro genius, of Negro literature and art, of Negro spirit Negroes inspired by the vast ideal, can work out in its fullness the great message of humanity† (pg. 144). In closing, races embody within themselves the answers modern society’s problems. However, a better description of the status of the Negro message would be a work in progress.

A Review of Job Satisfaction, the Influencing Factors and Consequences

A Review of Job Satisfaction, the Influencing Factors and Consequences of Job Satisfaction Introduction Job satisfaction has been gaining attention from both researchers and managers, especially due to the contemporary proliferation of the idea recognising the significance of people in terms of achieving competitive advantage and sustainability in organisations. The purpose of the essay is to review factors influencing job satisfaction and consequences attributing to job satisfaction after reviewing some understanding of the meaning of the term and the reasons why job satisfaction is widely studied. Literature Review ï  ¬ The meaning of job satisfaction and the attractiveness for studies It is relevant that the meaning of job satisfaction is reviewed. Job satisfaction can be simply defined as the level at which employees have a positive feeling to their jobs (Agho et al. 1993, p. 1007). Another definition by spector (1997, p. 2) emphasises that the term â€Å"job satisfaction† should include both positive and negative sides (Spector, 1997, p. 2). In this case, the term â€Å"job satisfaction† explicitly points out that the job satisfaction is a continuum with entirely satisfied and not satisfied at all at the two extremes. Importantly, job satisfaction can be the outcome of the employees’ general perception of the job as a whole or specific feeling towards different aspects of the job. And the overall job satisfaction cannot be regarded as the result of calculation of satisfaction levels concerning different aspects of the jobs Among different job attitudes elements, job satisfaction is of outstanding importance and even viewed as the central element (Saari & Judge, 2004, p. 396). As other elements of attitudes, the nature of job satisf... ...atisfaction and individual performance’, Academy of Management Review, vol. 9, no. 2, pp. 712-721 Saari, L. M. & Judge, T. A. 2004, ‘Employee attitudes and job satisfaction’, Human Resource Management, vol. 43, no. 4, pp. 395-407 Seashore, S. E. & Taber, T. D. 1975, ‘Job satisfaction and their correlates’, American Behavioral Scientist, vol. 18, no. 3, pp. 333-368 Spector, P. E. 1997, Job satisfaction: application, assessment, causes and consequences, Sage Publications, Inc, California Spencer, D. G. & Steers, R. M. 1981, ‘Performance as a moderator of the job satisfaction-turnover relationship’, Journal of Applied Psychology, vol. 66, no. 4, pp. 511-514 Tett, R. P. & Meyer, J. P. 1993, ‘Job satisfaction, organizational commitment, turnover intention, and turnover: path analyses based on meta-analytic findings’, Personnel Psychology, vol. 46, no. 2, pp. 259-293

I was taught to see racism only in individual acts of meanness, not in invisible systems conferring dominance on my group Essay

Through work to bring materials from women’s studies into the rest of the curriculum, I have often noticed men’s unwillingness to grant that they are overprivileged, even though they may grant that women are disadvantaged. They may say they will work to women’s statues, in the society, the university, or the curriculum, but they can’t or won’t support the idea of lessening men’s. Denials that amount to taboos surround the subject of advantages that men gain from women’s disadvantages. These denials protect male privilege from being fully acknowledged, lessened, or ended. Thinking through unacknowledged male privilege as a phenomenon, I realized that, since hierarchies in our society are interlocking, there was most likely a phenomenon of while privilege that was similarly denied and protected. As a white person, I realized I had been taught about racism as something that puts others at a disadvantage, but had been taught not to see one of its corollary aspects, white privilege, which puts me at an advantage. I think whites are carefully taught not to recognize white privilege, as males are taught not to recognize male privilege. So I have begun in an untutored way to ask what it is like to have white privilege. I have come to see white privilege as an invisible package of unearned assets that I can count on cashing in each day, but about which I was â€Å"meant† to remain oblivious. White privilege is like an invisible weightless knapsack of special provisions, maps, passports, codebooks, visas, clothes, tools , and blank checks. Describing white privilege makes one newly accountable. As we in women’s studies work to reveal male privilege and ask men to give up some of their power, so one who writes about having white privilege must ask, â€Å"having described it, what will I do to lessen or end it?† After I realized the extent to which men work from a base of unacknowledged privilege, I understood that much of their oppressiveness was unconscious. Then I remembered the frequent charges from women of color that white women whom they encounter are oppressive. I began to understand why we are just seen as oppressive, even when we don’t see ourselves that way. I began to count the ways in which I enjoy unearned skin privilege and have been conditioned into oblivion about its existence. My schooling gave me no training in seeing myself as an oppressor, as an unfairly advantaged person, or as a participant in a damaged culture. I was taught to see myself as an individual whose moral state depended on her individual moral will. My schooling followed the pattern my colleague Elizabeth Minnich has pointed out: whites are taught to think of their lives as morally neutral, normative, and average, and also ideal, so that when we work to benefit others, this is seen as work that will allow â€Å"them† to be more like â€Å"us.†

Bite Me: A Love Story Chapter 23

23. Brat in the Paper Aisle MAKEDA She stood under the eave of a post office that looked out on the Safeway parking lot, watching the old man with the dogs pounding at the door. Well, that would make seven. She knew she should wait for the others, but what fun was there in that. A lean black guy let the old man and his dogs into the store, then locked the door behind him. She moved to the side of the building, then along the front behind a long train of shopping carts, where she could look through the windows without being seen herself. They were spread out, each working an aisle to himself. She really should call for the others. Neither would be that far away, but she did so little on her own anymore. She examined the window. Thick Plexiglas, she wasn't going through that. She could kick the door down, of course, but then they would run and there'd be chasing and if any got away Rolf would pout with disapproval for months. Not that she wasn't beyond pouting herself. She once awakened to find Bella and Rolf merged together in mist without her and refused to take solid form for a year except to feed. That was how they began each night, merged in mist form, still inside their titanium chamber, experiencing every corner of each other's consciousness, every memory, every emotion, every want, every fear-complete knowing, complete intimacy. After an hour or so, they would assume their solid forms, then leave the chamber and feed, or watch a video of a sunrise or sunset. That was it! Mist. She would go into the store by stealth. Except for the one with the dogs, they were all young men, weren't they? She knew she could hold the rapt attention of a young man. She'd take each one, drain him without the others even knowing what happened, then share the experience with Rolf and Bella tomorrow night. It was always fun to bring something new and dangerous to their night. She wouldn't be able to wear her special suit, or take any of the weapons, but it was just as well. She couldn't leave bodies. Seven. She'd be as full as a tick, ready to pop. She checked that none of them was by the door, hid her weapons under the shopping carts, then lay down and oozed out of the Kevlar bodysuit, across the sidewalk, and under the door. Rock and roll was blasting out of the PA system, filling the store with a relentless chainsaw rhythm guitar that drowned all other sound. She swirled around the registers, then started to make her way across the aisles. The first two were empty, then in the third, the old man was sitting all by himself on a milk crate. Scented candles were lit up and down either side of the aisle, as if someone had laid out a landing strip. She could sense the others around her, but her perceptions weren't as sharp in mist form and the odor and heat from the candles made it nearly impossible to tell how far away they were. Their heartbeats and breathing were lost in the music, but there was blood in the air. All over in the air. She floated up to the ceiling, where she could see over the tops of the shelf gondolas. There were two of them working on the other side of the store, bobbing in time to the music. Rolf would have wafted back out the door and called the others, and Bella would have drawn an elaborate plan to stalk them, one at a time, and pick them off when they were alone, but that was exactly why she wasn't going to do either of those things. As she pulled herself into solid form she felt a horrible wrenching in her chest, like her heart caving in on itself. Not a physical pain, but a sudden absence. One of the others was suddenly not there. Rolf. Just not there. She stood there in front of the old man, naked, shaking, trying to bring herself back to the hunt. â€Å"Don't scream,† she said. THE EMPEROR He didn't like that the men were locked in the walk-in cooler, and he didn't like that the Animals had tied him up, rubbed liver and steaks all over him, and set him on a milk box, but he had done his duty to his city. He had alerted the only people who would listen to the presence of the black ship, told them what the strange faux-Hawaiian had said about the old vampires coming for them, and he could have some peace of mind in that. They didn't have to duct tape his hands so tightly, and tape his ankles to the milk box. They could have just asked. Ah, youth. She materialized about twelve feet in front of him, nude, nubile, and athletic, so black she might have been made of polished ironwood, yet the death-pallor made her lips appear lavender. Her hair was trimmed close to her scalp, her eyes appeared to be gold, but he couldn't tell for sure. She shivered for a moment, as if a current was being applied to her body. He watched her muscles tensing and relaxing, rippling under her skin in waves. Then she stopped shaking and opened her eyes. â€Å"Don't scream,† she said. Blood tears formed in the corners of her eyes. â€Å"Oh my, if you aren't lovely,† said the Emperor. She smiled and he saw fangs there, and he suddenly felt as if he might wet himself. She moved a few steps closer to him. â€Å"Are those steaks on your shoulders?† she said. â€Å"Yes. There's liver in my pockets as well.† She cocked her head as if listening. â€Å"Where are the others?† â€Å"I don't know,† he said. Her hand shot out and in an instant her fingers were wrapped in his beard and she was pulling his head back, not yanking, but pulling with an irresistible strength, as if he'd been hitched to a power winch. â€Å"Where are they?† He could feel his vertebrae cracking, feel her raking her fangs over his neck. Then the sound of a high-pressure gas burst and she wasn't there, and there was a length of heavy nylon line in the space where her face had been. â€Å"Down!† came Lash's voice, as he, Troy Lee, Jeff, and Drew all rolled out of the shelves where they had been hiding behind rows of toilet paper and paper towels. The vampire woman's head was pinned to a bale of paper towels with the stainless-steel spear from Barry's spear gun. She screeched like a wildcat and pulled herself away and leapt at Drew, who was leveling a Super Soaker. Lash yanked the spear gun and the nylon line whipped her around. Jeff and Troy Lee opened garden sprayers on her from the front, while Drew unloaded the Super Soaker from the back. She screeched and writhed in the streams, but her flesh was coming off in great slimy chunks, as if she were wax and had been dropped into a foundry furnace. It was all over in ten seconds, and every item for twenty feet in either direction had been knocked off the shelves, the Emperor was on his back, unable to right himself, and the ancient vampire was a puddle of red goo that still bubbled as it broke down. â€Å"What do you know,† said Troy Lee. â€Å"Grandma's tea worked.† Lash nodded and threw the spear gun to the floor with a clank. â€Å"Clint! Clean up on aisle four!† JODY Because she never liked going to the gym, Jody decided to stake out the Raven from the roof of an office building next door instead of on the Bay Club. The fact that she'd been able to leap from brick balcony to brick balcony until she was on the roof, six floors up, proved what she had always maintained, at least when she was alive: working out is narcissistic bullshit. She almost wished that the girls she'd worked with at the Transamerica Building could see her now-all of them stuffing themselves into Spandex and nylon after work and heading to the Bay Club or 24 Hour Fitness in hope of meeting someone who wasn't a creep and, in the case of the Bay Club members, someone who was rich. She imagined them saying, â€Å"Do you want to come with us? We can get you a guest pass. Mohitos afterward?† â€Å"No thanks,† she'd say. â€Å"I'm going to go bench-press an Audi a couple of sets, grab the satchel with the three-hundred grand I stashed on a roof up the street, and go back to my loft and fuck my immortal boyfriend until dawn.† Okay, that wasn't really what she was going to do, but she for goddamn sure was not going to the gym and getting all sweaty so she could meet guys. She didn't even want to be on the roof of the gym, knowing that there was unprotected fitness going on below. She could see the Raven across the Embarcadero, and the Rasta kid was doing nautical stuff with different instruments. At least she thought he was doing nautical stuff. He could have just been dicking around with expensive equipment. None of the vampires was there. There were lights coming from a few of the ports below the cockpit, but she didn't see any movement. The sense of immediacy that had driven her here had evaporated somewhat. She thought about calling Tommy, but didn't have any idea what his new cell phone number might be. She used Abby's phone and dialed Foo's number, but it went to voice mail, which she didn't see as a good sign. If the other two vampires were out of the ship, and she had to wait for them to return, she'd never get a shot at them from this far away. If they didn't come back until dawn, she'd be caught outside at sunrise. There was a warehouse by the pier, perhaps that roof. And she'd set herself a time limit. If they didn't show by a half-hour before sunup, she'd head back to the loft. Even at a slow, human jog she'd make it in plenty of time. She'd have to sneak down the back of the building, though. You didn't want people to see you jumping two or three stories at a time. She understood why the vampires had to keep their secret, she really did, but not at the expense of them killing her friends. â€Å"Good view?† A woman's voice came from behind her. Jody rolled and whipped around, pulling Foo's UV laser from the waistband of her jeans. She didn't have on the sun-glasses so she pointed the laser at the figure coming across the roof toward her, closed her eyes, turned away, then fired. The laser buzzed out a blue beam that lasted two seconds, then started making a high-pitched whining sound as it recharged its capacitor. â€Å"Oh, very nice,† came the voice. It was definitely a woman, amazing figure, wearing a skin-tight black suit, a black mask, and sunglasses, and carrying some sort of weapon. She looked like a superhero. Jody was on her feet, in a crouch. The laser thing was still charging, but maybe it would fire a weaker blast, give her time to move. â€Å"Nah, nah, nah.† The woman raised her weapon, and fired. A stuttering stream of pellets peppered Jody's arm and she lost hold of the laser. Jody felt as if her arm were on fire. She looked to see ten tiny holes, each smoking, with a clear liquid, not blood running out of it. The woman whipped off her hood and sunglasses, but kept the weapon trained on Jody. She was stunning, a pale, Mediterranean beauty with waist-length hair like black silk and almost impossibly large eyes. â€Å"That light thing is sweet, but you should get one of these,† she said. â€Å"It's basically just a pellet gun modified to fire chemical pellets, but the chemical, there's the magic.† â€Å"It burns like hell,† Jody said. â€Å"Yes, it does. And I could cut you in half with this before you could get to me. That's the problem with light weapons, they don't have range and it doesn't take much to stop them. Like this suit, for instance. I mean, this thing has a UV light on it, but that's just to keep you from turning to mist. Can you do that, fledgling?† â€Å"That's what Elijah called me,† Jody said. â€Å"That's what he called all of us in our day.† Jody tried to figure out how to get to the woman. She knew she could move impossibly fast for a human, but this was another vampire, a very old vampire. She had once squared off against Elijah thinking all things were equal among vampires and he'd nearly ended her. As if she was reading Jody's thoughts the vampire fired her weapon and Jody felt her other arm light up with pain from shoulder to elbow. â€Å"Ouch. Fuck. You bitch!† â€Å"Bella, not bitch. And what were you going to do to me, fledgling? Do you have any idea what you've done? We have been together hundreds of years. You ended pieces of history. You took parts of me.† She fired again and Jody's right leg gave way. â€Å"What do you mean, pieces?† â€Å"You don't know what it is to merge with another being then? With a lover? We were lovers, Rolf, Makeda, and me, for hundreds of years, and now they are gone.† â€Å"I don't know what you're talking about.† â€Å"Both are gone, I could feel it. Funny, I didn't know I was always aware of their presence until they were gone. Not an hour ago. I'm alone now. I should let you live if only because we've lost two. There are fewer than a hundred of us, fledgling, and you might have been one of us.† â€Å"I didn't know,† Jody said. â€Å"I don't even care anymore. Maybe I'll just kill you and lie down and wait for the sun to come up. I'll never even know what happened.† â€Å"Trust me, that's not as painless as you think it is,† Jody said. â€Å"Don't!† said Bella. She raised her weapon again but this time, when the little UV light came on, Jody pushed off with her good leg, did a high backflip, and fell six stories to the courtyard below. She expected to feel bone-crushing pain, hear the crackle of vertebrae, maybe even the crunch of her skull, but instead she felt warm water envelop her. She had landed in the Bay Club's pool, which meant she must have launched herself a good forty feet away from the roof. Her predator mind, the one that had risen to tell her that the City was hers, now kicked in, assessing survival. She was under water, that was good. The pellet weapon wouldn't penetrate the water more than a foot before losing it's effectiveness. Plus, the pool water was flushing out whatever heinous chemical had been burning her. She felt herself healing, even as she hovered at the bottom of the pool. She could stay there indefinitely without breathing if necessary. The bad news was that Bella was still up there, and as soon as Jody left the water, the good news would end. It was very unlikely she could take the older vampire hand-to-hand, even if she could get past the pellet weapon, but she could run. Even if she was no faster than Bella, she knew this neighborhood. She'd worked here for years, and she wasn't three blocks from Okata's dismal little apartment. She dug in her jacket pocket and found Abby's phone. It was a weatherized model and the screen was still showing the time. Still four hours until sunup, and that was a guess. She had to cut it extremely close, but if she could bolt away from the Raven with just enough time to find shelter herself, but not enough time for Bella, she just might get away. And maybe in the meantime, Rivera and Cavuto would call out a S.W.A.T. team to storm the black ship. Or the Animals would blow it up, like they had Elijah's yacht. Maybe Bella would dive into the water after her, although losing the high ground would take away a distinct advantage. Maybe one of the people in the apartments above would look down and think there was a body in the pool, and she could make her escape when the EMTs came to rescue her. That's it. She assumed the yoga posture called â€Å"down-floating corpse† and waited, listening for any disturbance that might indicate she had company in the pool, and concentrated on her wound healing. Maybe if she healed enough she could go to mist and sneak out that way. She hadn't moved a lot in mist form, nor had she ever changed under water and she wasn't sure she could, but it might be worth a try. A shadow fell across the bottom of the pool, cast by the mercury lights above, and she flipped over to see Bella moving catlike at the edge of the pool. Then again, maybe not. CHET He'd watched them slaughter all of his fellow vampire cats and instead of running, as would have been his feline instinct, he tracked the killers, which was behavior born entirely of his human side. The three sides of his nature were in constant conflict. Even now, his cat side hated water, and wanted to flee, but his human side felt hate rising and wanted to attack. The vampire side told him to remain hidden, to approach in stealth, as mist, but his cat side told him to pounce, rip her throat out with claw and fang. It occurred to him, as he watched from the roof of the Bay Club as she paced around the pool in her skin-tight black suit, that water or no water, revenge or no revenge, he was going to hump the bejezus out of her before any other action took place. There was part tomcat in all of his natures. He'd started his pack by mating with any female in heat, then they turned males, and so on. And he continued his undead romp through the alleys and backyards of San Francisco, but as he grew larger, and the human part of him manifested, he was just too big to finish the deed. If he fed on them, they went to dust before he got to hump them, and if humped them, they didn't survive for him to feed on them, and he'd humped a bunch of cats to death before he figured that out. It turned out, size did matter. But here was the perfect solution. Moving strong and sexy, just the right size-he could lock his jaws on her neck and have at it, then drink her blood or bite her head off as the whim hit him, and all the time that horrible weapon would be pointed away from him. He went to mist and oozed down the side of the building in a stream that blended with the night fog creeping in off the Bay. JODY Jody just happened to be looking up at Bella's watery silhouette against the mercury light when she saw another shape appear behind Bella, leap on her back, and pull her away from the edge of the pool. Jody was not going to sit around checking references, whatever that thing was, it was an ally. She came out of the water like a rocket, and in two steps she leapt to the top of the twelve-foot security fence and looked back. Something had pulled Bella around and now had her face-down on the pavement and appeared to be humping the bejezus out of her. Jody knew she shouldn't, but she paused. Big kitty ears, big kitty tail, big kitty sinking his fangs into the back of Bella's neck. Kitty was as big as Bella, maybe a little bigger. Chet. Bad kitty, Jody thought. Bella shrieked, then launched herself backward with her arms, lifting both of them into the air, where they did a half-backflip and landed on the concrete with Chet's back as the point of impact. He let go with his jaws and Bella spun around and let loose with the pellet weapon. Chet yowled and jerked on the ground. Bella strafed his neck, which dissolved instantly into a mass of goo. He stopped moving. Jody had seen enough. She leapt off the fence to the sidewalk and took off into the financial district, taking a right at the next corner, then a left, going as fast as her legs would carry her-to hell with someone seeing. She tried to go to mist, but couldn't. Either the fear or her injuries were stopping her. She could hear Bella's footsteps behind her, a block away, now less than a block. What was the range of that pellet weapon anyway? Left on Broadway, left on Battery, right on Pacific, footsteps on her ass, now left on Sansome, next left, she heard the pellet gun sputter and she felt her right leg go out from under her. She rolled and tried to come up but the gun sputtered again and her left leg was gone. She rolled over onto her back, pushed away, scooting on her butt. The gun spat and her left elbow stopped working. â€Å"Fuck, how much ammo does that thing have?† â€Å"More than I'll need to turn you to soup,† Bella said. â€Å"Oh look, no swimming pool.† â€Å"Shame, I guess you won't get to enjoy another kitty fuck.† The gun spat. Jody's right arm folded behind her with a splash of pain. Bella ran her nails over her breast. â€Å"Didn't happen. This suit will stop light, even small-caliber firearms-â€Å" But evidently not blades, Jody thought. Because she was a vampire, and things happened more slowly to her predator eyes, she saw the blade come over Bella's shoulder, enter her body at her left trapezius, and zip across her chest and her kitty-dick-proof suit to exit just under her right arm. Bella's head and right arm slid right, her left arm and the rest of her body fell left. She had a rather surprised expression on her face that stayed there, even as her mouth continued to work soundlessly, as if she really, desperately wanted to finish that last sentence. â€Å"Hello,† Okata said. Jody looked past the swordsman to the sign on the corner that read: JACKSON STREET.

Defendants breif on negligence essays

Defendants breif on negligence essays Plaintiffs Brief on Negligence v. ) IN THE MOCK TRIAL COURT OF AUSTRALIA PLAINTIFF ESTATE OF DORIS DAYLIGHT The court should compensate Mrs. Daylights Estate for: 2. Mrs. Daylights unborn child becoming HIV positive, 3. The foreseeable result of the plaintiffs alleged actions, her inevitable premature death 4. Pain and suffering, which she will endue in the brief period before her death and her childs death and 5. Exemplary damages awarded to discourage this type of alleged negligence. The tort of negligence is doing or failing to do something, which involves conduct, which falls below the standard regarded as normal or desirable by the community . The elements which must be proven before a defendant can be found liable for negligence are: 1. The defendant owed the plaintiff a duty of care, 2. The defendant breached this duty of care, and 3. This breach of the duty of care caused the plaintiffs injury. The first element of negligence is that the defendant owed a duty of reasonable care to the plaintiff. Reasonable care must be taken to avoid acts or omissions which can be reasonably foreseen to injure your neighbour . Clearly Doris is Eggleheads neighbour as she is someone who is likely to be affected by any of the doctors acts or omissions due to her relationship with Rock Hard. Dr Egglehead owes a very high standard of care to his patients concerning their health. The health and welfare of a patient is a doctors paramount duty, higher even than his duty to maintain confidentiality . It is clear from the facts of this case that Dr Egglehead owed a high duty of care to Rock Hard and Doris Daylight and that Doris Daylights infection can be directly linked to the defendants blatant breach of this duty. The plaintiff is within the class of persons who were at risk of foreseeable injury if the defendant failed to properly coun...

The Role of the Psychologist in Family Law Custody Battles

The Role of the Psychologist in Family Law Custody Battles Free Online Research Papers With divorce rates ever rising in Canada issues surrounding parenting after divorce are becoming more and more prevalent. As it stands 31% of marriages in Canada are ending in divorce. Of the 31% of marriages that end in divorce an even smaller portion end up in litigation. (Schuller Ogloff, 2002, p. 393) As a legal assistant in a family law office I see many of the most complex family custody disputes and many instances where the Court appoints a Psychologist to assist in the Judge’s decision. Does having an expert third party involved in custody and access decisions offer the Judge a different perspective or simply reinforce what he or she already knows? Review of research on the Psychologist’s role in custody and access disputes demonstrates that the Psychologist does play an integral part in assisting families caught in litigation in forming a parenting plan that is in the best interest of the child or children of the marriage (Covell, 1999; Emery, Laumann-Billings, Waldron, Sbarra Dillon, 2001; Sorenson, Golman, Sheeber, Albanese, Ward, Williamson, McDanal, 1997). The use of a third party expert in litigation is not a new concept and should be more widely used when it comes to family law. Research indicates there to be greater satisfaction in families that go through litigation compared to those who go through mediation and greater satisfaction yet when families have an independent third party to assist in developing a parenting regime (Covell, 1999; Emery et al., 2001; Sorenson et al., 1997). Summary of Research The Law When examining family law matters we must understand the law as set out in the Family Law Act which came into effect on October 1, 2005 (Alberta Court Family Justice, 2005). The Family Law Act is intended to focus on the needs of child or children of the relationship and to put those needs first, it is also intended to streamline the Court process by encouraging the resolution of issues through mediation (Alberta Court Family Justice, 2005). Under the Family Law Act the word â€Å"parenting† has replaced the words â€Å"custody and access,† this is intended to reflect that parenting is still the responsibility of both parents regardless of the breakdown of their relationship. Parents are to continue to share guardianship of their child or children after their separation until they agree on a parenting plan or the Court orders otherwise. The Court reserves the right to intervene where necessary and appropriate (Alberta Court Family Justice, 2005). Practice Note 7 allows for the Alberta Courts to appoint a Psychologist to a family law case for either an Assessment or Intervention. The Psychologist is referred to as an independent parenting expert and is appointed when in family matters there is no resolution possible and the Court needs an objective professional opinion to assist in looking out for the best interests of the child or children involved, the Court may also appoint an independent parenting expert to expedite and facilitate a resolution of specific issues that are better resolved in a non-adversarial fashion (Alberta Court Family Justice, 2005). When an Assessment is used in matters of child custody the independent parenting expert will examine both parent and child and provide his recommendations with respect to which parenting arrangement is in the best interest of each child. The expert will take into consideration the results of psychological testing, the mental health of the individuals being examined as well as any issues identified by the Courts as set out in the Assessment Order. The parenting expert may provide his or her input into the parameters of the Assessment and whether or not an Intervention may be more appropriate (Alberta Court Family Justice, 2005). Similar to an Assessment, for an Intervention an independent parenting expert will usually make his recommendation to the Court as to what he feels is appropriate for that particular case. There are several forms of Intervention, which include, but are not limited to, counseling, therapy, educational sessions such as Parenting After Separation, evaluation and recommendations. The expert may determine a parenting plan that is agreeable to all parties involved or he may terminate the Intervention if he feels it is not going to be useful (Alberta Court Family Justice, 2005). Research Covell (1999) argues that the existing system used in custody decisions is not really in the best interest of the child. In examining the current Canadian system she examines both cases with Psychologists involved and cases without. Covell indicates that the child’s best interests are best represented when a Parenting Plan is put to use. The underlying assumptions associated with having a Parenting Plan approach are as follows: parents enter the divorce process with little understanding of the impact it will have on themselves as well as their children; parents become self-absorbed during the divorce process and forget the best interests of their children; there will be future conflict between the parents; and that it is in the best interest of the child to have both parents involved in the parenting process. The assumptions as set out above are true to most custody cases and therefore a Parenting Plan tends to offer a long-term solution to custody arrangements, which in turn more often offers greater stability to the child or children involved. Emery et al. (2001) examines follow-up data obtained twelve years after either mediation or litigation in custody disputes. In this study litigation was not broken down into cases in which a Psychologist was involved and cases in which one was not. Mediation was provided through a court appointed mediator, not a Psychologist. In contrasting litigation to mediation Emery et al. found similar to Covell that those who went through litigation were able to stick to a parenting plan over a greater period of time offering more stability to the child or children of the relationship. Those who went through litigation found that there was more satisfaction amongst each parent resulting in less post-decision conflict. Sorenson et al. (1997) examines a study of sixty families involved in contested custody cases in the State of Florida. Of the sixty families studied the most common custody arrangement involved granting one parent primary residency. They found that there was almost equal distribution of judges granting primary residency mothers and fathers; however, judges were more likely to grant primary residency to fathers when a Psychologist was involved. Without the involvement of a Psychologist it was noted that the judge would most often go with the State’s presumption of shared custody based on the child’s interests. Overall the research supports and emphasizes that there is greater satisfaction with the use of the expert testimony from a Psychologist in assisting the Courts in custody decisions. Faust and Ziskin (1988) are skeptics when it comes to forensic psychology and its relevance in law. They claim that the instability of method and theory inhibits the accumulation of scientific knowledge. Faust and Ziskin offer several arguments against the use of expert testimonies in the courtroom. Studies they reviewed show that clinicians’ error rate exceeded their accuracy rate. Also in research reviewed clinicians generally are not experienced in the forensic role because they are more familiar with the role of helping patients. Faust and Ziskin feel that the clinician’s tendency to empathize with people will cloud the Court’s decision. Lastly, they believe that clinicians tend to overvalue supportive evidence and undervalue counterevidence, which leads to the presumption of abnormality when it might not be there. Overall, Faust and Ziskin believe that the expert’s testimony will reflect personal biases and can mislead the Courts. Analysis and Critique The research cited above is a small portion of the research that exists in the area of forensic psychology specifically family law. While Covell, Emery et al. and Sorenson et al. investigate the Psychologist’s role in custody decisions based on the satisfaction of the parties involved after the litigation process, Faust and Ziskin examine the process itself looking at the clinician’s role as opposed to the outcome. Both methods of research although different have a consistent theme. It seems that bias exists throughout the legal system and when one adds an expert third party it adds the possibility of greater bias. When comparing the research of Covell, Emery et al. and Sorenson et al. it is evident that structure increases satisfaction as well a stability in the outcome of custody cases. Covell offered mainly suggestion of the best approach to psychology in family law stemming from her research of the child’s best interest that in some regards is a bit of a stretch from the data used. Emery et al. and Sorenson et al. relied on surveys from longitudinal studies post-custody decision, the groups were between thirty-five and sixty all randomly selected which reduces researcher bias but increases variables. Suggestions for Future Research With the amount of variables that exist in family law it would be ideal to have a study longitudinally examining families who have gone through the litigation process for custody arrangements comparing the outcomes of cases using a Psychologist and those that do not. The families would need to be of similar socioeconomic status, have the same number of children and have parents who reside in the same city. Also, for consistency, it could be useful to ensure that families studied have similar family structure post-divorce i.e. having step-parents/siblings etc. A longitudinal study allows us to understand what truly works and what does not in terms of child custody arrangements over a long period of time. Although somewhat unrealistic, it would all be interesting and informative to do a comparison of a Judge’s decision for custody in comparison to a Psychologist’s recommendations when given the same case and track the discrepancies between the two using several cases and several Judges and Psychologists in the same area. This would allow not only for the Psychologists and Judges to be compared but it would give insight into the discrepancies that exist within each profession. Opinion When reaching a custody agreement between parents is impossible litigation is the best option. Litigation offers a structured environment to resolve family law conflict. In a litigated case, when there are expressed concerns about emotional or psychological problems that adversely effect parenting abilities or the childrens emotional well-being, or when the parties’ conflicts have become such that their hostility impedes any progress towards settlement, the services of a psychologist will be called upon by the Court to assist the decision-making process. The goal of the Court appointed Psychologist is to provide recommendations and input that can provide a basis for informed settlement discussions on residency and parenting plans that meet the individual needs of the family involved in the litigation. The structure of the Family Law Act incorporating Practice Note 7 creates a system where there is less inter-parental conflict and likely to be more meaningful involvement of both parents in the child’s life through an agreed to Court Ordered parenting plan. Through litigation using a psychologist it results in less re-litigation and therefore less disruption to the child’s well being (Covell, 1999). Conclusion Although it is difficult to track and research the role of the Psychologist in family law custody matters the research reviewed in this paper indicates that there is little negative to come from having an expert independant third party assist the Courts decision. Faust and Ziskin (1988) do identify that each party brings their own biases into the puzzle but the other research examined herein acknowledges the same and concludes that despite the potential bias, greater good comes from the Psychologists involvement. Whether a Psychologist appointed by the Court uses an intervention or assessment style to report to the Court he provides support to both the parents and child or children involved in what can be a very emotional experience. In addition to providing support to the family the Psychologist can assist both the parents and the Court to identify the best interests of the child which is the focus of the Family Law Act. References Alberta Court Family Justice. (2005). Alberta’s family law act: an overview. Retrieved November 11, 2006, from albertacourts.ab.ca/cs/familyjustice/ FLA Overview.pdf Covell, K. (1999). Promoting parenting plans: a new role for the psychologist as expert in custody disputes. Expert Evidence 7,113-126. Emery, R., Laumann-Billings, L., Waldron, M., Sbarra, D., and Dillon, P. (2001). Child custody mediation and litgation: custody, contact and coparenting 12 years after initial dispute resolution. Journal of Consulting and Clinical Psychology,69 (2), 323-332 Faust, D., Ziskin, J. (1988). The expert witness in psychology and psychiatry. Science, 241, 31-35. Schuller, R., Ogloff, J. (Eds). (2002). Introduction to psychology and the law Canadian perspectives. Toronto: University of Toronto Press. Sorenson, E., Golman, J., Sheeber, L., Albanese, I., Ward, M., Williamson, L and McDanal, C. (1997). Judges reliance on psychological, sociological and legal variables in contested custody decisions. Journal of Divorce and Remarriage 27(1/2), 1-25. Research Papers on The Role of the Psychologist in Family Law Custody BattlesThe Relationship Between Delinquency and Drug UseInfluences of Socio-Economic Status of Married MalesThree Concepts of PsychodynamicQuebec and CanadaComparison: Letter from Birmingham and CritoStandardized Testing19 Century Society: A Deeply Divided EraThe Effects of Illegal ImmigrationEffects of Television Violence on ChildrenRelationship between Media Coverage and Social and