Legal Writing

555 P. 2d 696 Supreme Court of New Mexico. Zelma M. MITCHELL, Plaintiff-Appellee, v. LOVINGTON GOOD SAMARITAN CENTER, INC. , Defendant-Appellant. No. 10847. Oct. 27, 1976. Appeal was taken from an order of the District Court, Bernalillo County, Richard B. Traub, D. J. , reversing a decision of the Unemployment Security Commission and awarding benefits to discharged employee. The Supreme Court, Sosa, J. , held that employee’s insubordination, improper attire, name calling and other conduct evidencing wilful disregard of employer’s interests constituted ‘misconduct’ disqualifying her from receiving certain unemployment benefits. Reversed. Attorneys and Law Firms *576 **697 Heidel, Samberson, Gallini & Williams, Jerry L. Williams, Lovington, for defendant-appellant. Gary J. Martone, J. Richard Baumgartner, Joseph Goldberg, Albuquerque, for plaintiff-appellee. OPINION SOSA, Justice. This case presents the issue of whether petitioner’s actions constituted misconduct so as to disqualify her from certain unemployment compensation benefits. On June 4, 1974, petitioner-appellee Zelma Mitchell was terminated for alleged misconduct from the Lovington Good Samaritan Center, Inc. On June 12, 1974, Mrs. Mitchell applied for unemployment compensation benefits. Finding that Mrs. Mitchell’s acts constituted misconduct, a deputy of the Unemployment Security Commission disqualified Mrs. Mitchell from seven weeks of benefits pursuant to s 59-9-6(B), N. M. S. A. 1953. On July 24, 1974, Mrs. Mitchell filed an appeal. The referee of the Appeal Tribunal reversed the deputy’s decision and reinstated these benefits to Mrs. Mitchell on August 28, 1974. On September 13, 1974, the Center appealed the decision of the Appeal Tribunal to the whole Commission pursuant to s 59-9-6(E), N. M. S. A. 1953. The Commission overruled the Appeal Tribunal and reinstated the seven week disqualification period. Mrs. Mitchell then applied for and was granted certiorari from the decision of the Commission to the District Court of Bernalillo County pursuant to s 59-96(K), N. M. S. A. 1953. On January 16, 1976, the District Court reversed the Commission’s decision and ordered it to reinstate the benefits to Mrs. Mitchell. From the judgment of the District Court, the Center appeals. The issue before us is whether Mrs. Mitchell’s actions constituted misconduct under s 59-9-5(b), N. M. S. A. 1953. Mrs. Mitchell started work at the Center in Lovington on July 4, 1972 as a nurse’s aide. After approximately one year on the job in addition to her normal duties she also served as a relief medications nurse two days per week. On June 4, 1974, she was terminated. The testimony concerning the events leading up to her termination that day is somewhat contradictory but basically is the following. Mrs. Mitchell arrived punctually to work at three p. m. The director of the Center, Mr. Smith, questioned her about why she was already filling in her time card. Mrs. Mitchell answered that she filled in eight hours, which she would work that day as long as she did not ‘break a leg or die. ’ Mr. Smith replied, ‘Well, I’m not so sure about that. ’ Mrs. Mitchell then became defensive and stated that she had supported him when the Director of Nurses, Mrs. Mary Stroope, sought to have him fired as director. Mrs. Stroope, in the vicinity, overheard this comment, denied it, and called Mrs. Mitchell a liar. At various times during this exchange Mrs. Mitchell referred to Mr. Smith, Mrs. Stroope, and others as ‘birdbrains. This occurred in a crowded area where the Center’s employees were checking in and out, so Mr. Smith told both to go into his office. There, Mrs. Stroope apologized to Mrs. Mitchell for calling her a liar and Mrs. Mitchell apologized for saying that Mrs. Stroope had circulated a petition to replace Mr. Smith. However, tempers soon flared again and Mr. Smith resolved to fire Mrs. Mitchell. Mrs. Mitchell then demanded her check. Mr. Smith paid her for that day, a week’s vacation, and another week’s salary for being terminated, which he was not required to do since Mrs. Mitchell failed to give him two weeks’ notice. 577 **698 Appellee Mitchell argues that the events of June 4, 1974, do not constitute misconduct within the meaning of s 59-9-5(b), supra. Appellant Center argues that these events were the last of a series of acts of misconduct, and the ‘birdbrain’ incident should be considered the ‘last straw’ resulting in her termination. Mitchell counters that the prior acts of misconduct should not be considered. The alleged acts of prior misconduct are the following. On April 2, 1974, Mrs. Mitchell went to work at the Center out of uniform (she wore gold pants rather than navy blue). On that day the Federal Regulation Inspectors visited the Center. Mrs. Mitchell stated that she did not know that the federal inspectors would be there that particular day. The Director of Nurses reprimanded her and told her to go home and to change into the proper attire, which Mrs. Mitchell refused to do. The following day Mrs. Mitchell again came to work out of uniform but this time she was directed to go and did go home to change. On May 24, 1974, Mrs. Mitchell was switched from medications to the floor routine. Angered, Mrs. Mitchell refused to give medications, even though the charge nurse and Mrs. Stroope explained to her that the reason for the switch was that she was familiar with both jobs whereas the replacement nurse, Carol Skurlock, was unfamiliar with the floor routine. Mrs. Mitchell stated that she did not like being replaced by a ‘white’ nurse’s aide (Carol Skurlock). Mrs. Mitchell considered herself and Carol to be just ‘birdbrain against birdbrain,’ apparently because neither she nor Carol was a licensed nurse. From May 24 to June 4 Mrs. Mitchell refused to perform her duties as a relief medications aide. On May 15, 1974, and other days, Mrs. Mitchell sang while counting medications and was not very co-operative, which caused Betty Clarke, R. N. , to complain that Mrs. Mitchell’s actions were unethical and time-consuming. The term ‘misconduct’ is not defined in the Unemployment Compensation Law. The Wisconsin Supreme Court in Boynton Cab Co. v. Neubeck, 237 Wis. 249, 259-60, 296 N. W. 636, 640 (1941) examined the misconduct subsection of its unemployment compensation act, found no statutory definition of misconduct, and formulated the following definition: . . ‘misconduct’ . . . is limited to conduct evincing such wilful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design or to show an intenti onal and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer. On the other hand mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed ‘misconduct’ within the meaning of the statute. We adopt this definition. Applying this definition of misconduct to the facts of the case before us, we hold that Mrs. Mitchell’s acts constituted misconduct. *578 **699 Mrs. Mitchell’s insubordination, improper attire, name calling, and other conduct evinced a wilful disregard of the interests of the Center. Although each separate incident may not have been sufficient in itself to constitute misconduct, taken in totality Mrs. Mitchell’s conduct deviated sufficiently to classify it as misconduct under the above test. Appellee’s argument that the ‘last straw’ doctrine should not be used is hereby rejected. The district court is reversed and the decision of the Commission is reinstated. McMANUS and EASLEY, JJ. , concur. 764 P. 2d 1316 Supreme Court of New Mexico. Billie J. RODMAN, Petitioner–Appellant, v. NEW MEXICO EMPLOYMENT SECURITY DEPARTMENT and Presbyterian Hospital, Respondents– Appellees. No. 17721. Nov. 30, 1988. The District Court, Bernalillo County, Ross C. Sanchez, D. J. , upheld administrative decision denying unemployment compensation to claimant. Claimant appealed. The Supreme Court, Ransom, J. , held that incident precipitating claimant’s termination demonstrated willful disregard for her employer’s interests. Affirmed. Stowers, J. , specially concurred and filed opinion. Attorneys and Law Firms **1317 *759 Juan A. Gonzalez, Legal Aid Society of Albuquerque, Inc. , Albuquerque, for petitioner-appellant. Connie Reischman, New Mexico Employment Sec. Dept. , Albuquerque, for respondents-appellees. OPINION RANSOM, Justice. An administrative decision of the New Mexico Employment Security Department denying unemployment compensation to Billie J. Rodman was reviewed on certiorari by the district court. Rodman now appeals to this Court from the order of the district court affirming the administrative decision. Rodman had been employed by Presbyterian Hospital as a unit secretary for nearly eight years when, on February 17, 1987, she was terminated under hospital personnel policies following a â€Å"third corrective action† notice. Prior restrictions had been placed on Rodman’s conduct due to personal problems adversely impacting upon her place of work. At issue is whether the misconduct which warranted termination from employment rose to the level of misconduct which would warrant denial of unemployment compensation under NMSA 1978, Section 51–1–7 of the Unemployment Compensation Law. The Department reasonably summarizes the substantial evidence as follows: Rodman was reprimanded in June of 1986 for receiving an inordinate number of personal telephone calls and visitors at her work station, which was disruptive to her own work and to her co-workers. The formal reprimand set forth conditions to prevent further corrective action. Rodman was to have no personal telephone calls during work hours outside of a designated break or dinner time, in which event they were to occur in an area not visible to patients, physicians, or other department staff. When leaving the department for dinner, Rodman was to report to her immediate supervisor and was not to leave the hospital. Rodman was to make every effort to resolve the matters in her personal life that were causing problems at work. Nevertheless, according to the testimony of her supervisor, extremely disruptive telephone calls continued. The doctors were beginning to comment on it. The staff was getting more distressed. According to her supervisor, â€Å"[A]gain we talked about the visits, the behavior at the desk. When it got pretty bad with the phone calls, Billie would slam charts, push chairs and be a little abrupt with the people she worked with. † Another written reprimand in November of 1986 warned Rodman that her job was in jeopardy if the disruptive behavior continued. The supervisor established restrictions prohibiting the claimant from having visitors at the department and instructed her to notify security if there was a potential problem. On February 15, 1987, Rodman began work at 1:00 o’clock in the afternoon. She had spoken to her boyfriend’s mother earlier in the day to tell her that she did not want him to use her car as she had broken off their relationship. The boyfriend’s mother called her at work and told her the boyfriend had her car keys. Rodman told the mother to have the boyfriend call her at work. When he did, she informed him that she could not talk to him at her duty station, and he hung up on her. He called her back and left a number where he could be reached. She left the work area and went to the break room to call him. After returning to her duty station, Rodman got another telephone call from her boyfriend who told her to go downstairs to the lobby to meet him and pick up the keys. When she refused, he told her that if she did not come down he would come up to her department. Claimant eft the department to confront her boyfriend, and, because her supervisor was at lunch in the hospital cafeteria, Rodman notified a co-worker, a registered nurse, that she was leaving. Rodman testified, â€Å"I didn’t want any kind of confrontation at the desk, so I went downstairs. † Before she left her desk, Rodman called the employer’s security guard and asked him to meet her in the lobby because she anticipated that a problem could develop. When Rodman got to the l obby, her boyfriend started yelling and forced her outside. In doing so, he tore her shirt. At this point the security guard arrived and observed them arguing. Rodman was in the passenger seat of her car. The security guard instructed the boyfriend to return the keys, but the boyfriend jumped into the driver’s seat, locked the doors and drove off. About thirty-five minutes later, Rodman returned to her work station, after having changed her torn shirt. She resumed working, but, as the shift progressed, more telephone calls were received for her in the department. The supervisor became frustrated with the volume of calls and the behavior of Rodman. It was determined that Rodman should be sent home. Thereafter she was terminated. The Appeals Tribunal of the Department of Employment Security found on the basis of the evidence that the appellant had proven unwilling to restrict her personal contacts while at work, as requested by her employer. The hearing officer dismissed as without **1319 *761 merit Rodman’s contention that she could not stop her acquaintances from calling or visiting her at work. The hearing officer concluded that Ms. Rodman’s behavior was unreasonable, had caused many problems for her work section, and constituted misconduct connected with work under Section 51–1–7(B). The Meaning of â€Å"Misconduct† in New Mexico’s Unemployment Compensation Law. Given the remedial purpose of the Unemployment Compensation Law, New Mexico courts, like most jurisdictions, interpret the provisions of the law liberally, to provide sustenance to those who are unemployed through no fault of their own, and who are willing to work if given the opportunity. Wilson v. Employment Sec. Comm’n, 74 N. M. 3, 14, 389 P. 2d 855, 862–63 (1963); Parsons v. Employment Security Comm’n, 71 N. M. 405, 409, 379 P. 2d 57, 60 (1963). Like most states, New Mexico also provides that an employee who is determined to have been discharged for â€Å"misconduct† is ineligible for unemployment compensation benefits. 51–1–7(B). Two purposes are served by this statutory bar: first, it prevents the dissipation of funds for other workers; second, it denies benefits to those who bring about their own unemployment by conducting themselves with such callousness, and deliberate or wanton misbehavior that they have given up any reasonable expe ctation of receiving unemployment benefits. Given the remedial purpose of the statute, and the rule of statutory construction that its provisions are to be interpreted liberally, the statutory term â€Å"misconduct† should not be given too broad a definition. Accordingly, in adopting the majority definition of the term, this Court wrote in Mitchell v. Lovington Good Samaritan Center, Inc. , 89 N. M. 575, 577, 555 P. 2d 696, 698 (1976): â€Å"[M]isconduct† * * * is limited to conduct evincing such wilful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability * * *. M]ere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed â€Å"misconduct† within the meaning of the statute. Where an employee has not acted with the requisite degree of â€Å"fault† under Mitchell, he or she has not sacrificed a reasonable expectati on in continued financial security such as may be afforded by accrued unemployment compensation benefits. It is therefore possible for an employee to have been properly discharged without having acted with such willful or wanton disregard for an employer’s interests as would justify denial of benefits. This Court recognized in Alonzo v. New Mexico Employment Security Department, 101 N. M. 770, 689 P. 2d 286 (1984), that even an act of willful disobedience which leads to termination will not always rise to the level of â€Å"misconduct† when the act is an isolated incident in an otherwise favorable employment history and the incident does not cause a significant disruption of the employer’s legitimate interests. Trujillo v. Employment Sec. Dep’t, 105 N. M. 467, 472, 734 P. 2d 245, 250 (Ct. App. 1987) (where employment contract gave employer the right to draft employees to work overtime in emergency situations significantly affecting the employer’s interests, it was â€Å"misconduct† for appellees to have refused to report for overtime work). Alonzo and Trujillo demonstrate that there are two components to the concept of misconduct sufficient to justify denial of benefits. One is the notion that the employee has acted with willful or wanton disregard for the employer’s interests; the other is that this act significantly infringed on legitimate employer expectations. *1320 *762 Totality of circumstances and the â€Å"last straw† doctrine. Often, the courts have been confronted with a series of minor infractions by the employee, where each incident showed a willful disregard of the employer’s interests, but no single incident was serious enough to justify denial of benefits. In su ch cases, courts have applied a â€Å"totality of circumstances† or â€Å"last straw† test to determine whether, taken together, this series of incidents constitutes misconduct sufficient to disqualify the claimant from receiving benefits. Mitchell v. Lovington Good Samaritan Center, Inc. 89 N. M. 575, 555 P. 2d 696 (1976). Rodman recognizes the â€Å"last straw† doctrine, but contends that the district court erred in applying the rule in this case because her infractions of February 15 were the result of acts of third parties over whom she had no physical or legal control. Appellant contends that she may not be denied unemployment benefits where the â€Å"last straw† which led to her termination was not willful or intentional, especially where, under the employer’s personnel policy, she could not have been discharged at all before this final incident. The Department contends that it is immaterial whether the precipitating act was a willful or intentional violation of the employer’s rules, where the record indicates that the claimant had a history of previous acts which demonstrate a willful or wanton disregard for the employer’s interests, and the employer discharged the employee for the accumulation of events, including the precipitating event. Fort Myers Pump & Supply v. Florida Dep’t of Labor, 373 So. 2d 429 (Fla. Dist. Ct. App. 1979). Although Fort Myers does offer support for the appellee’s position, we believe termination for a series of incidents which, taken together, may constitute â€Å"misconduct† is distinguishable from termination for a single incident following one or more corrective action notices. In the latter event, as here, we hold that the â€Å"last straw† must demonstrate a willful or wanton disregard for the employer’s interests for unemployment benefits to be denied. If substantial evidence existed that Rodman’s conduct on February 15, considered in light of the totality of ircumstances including her previous history of personal phone calls and unauthorized visitors, showed a willful or wanton disregard for her employer’s interests, then Rodman’s benefits were properly denied. Although the evidence in this case is amenable to more than one reasonable interpretation, we conclude that there was a substantial basis for the district court to decide t hat Rodman’s actions on February 15, when considered in light of the restrictions which had been placed upon her and her previous failure to comply with those restrictions, demonstrated a willful disregard for her employer’s interests. Therefore, the decision of the district court is affirmed. IT IS SO ORDERED. WALTERS, J. , concurs. STOWERS, J. , specially concurs. 769 P. 2d 88 Supreme Court of New Mexico. In re Claim of Lucy APODACA. IT’S BURGER TIME, INC. , Petitioner–Appellee, v. NEW MEXICO DEPARTMENT OF LABOR EMPLOYMENT SECURITY DEPARTMENT, BOARD OF REVIEW and Lucy Apodaca, Respondents–Appellants. No. 17952. Feb. 22, 1989. Employer filed writ of certiorari to challenge Employment Security Department’s award of unemployment compensation to fast-food restaurant employee who refused to retint her purple hair. The District Court, Dona Ana County, Lalo Garza, D. J. reversed award of benefits. Employee appealed. The Supreme Court, Ransom, J. , held that evidence supported Department’s award of benefits. Reversed and remanded. Attorneys and Law Firms **89 *176 Jose R. Coronado, Southern New Mexico Legal Services, Inc. , Las Cruces, Connie Reischman, New Mexico Dept. of Labor, Albuqu erque, for respondents-appellants. Kelly P. Albers, Lloyd O. Bates, Jr. , Las Cruces, for petitioner-appellee. OPINION RANSOM, Justice. A determination by the Board of Review of the New Mexico Employment Security Department awarding unemployment compensation to Lucy Apodaca was reversed by the district court on certiorari. Apodaca appeals the district court decision, arguing that the court erred in finding the administrative determination was unsupported by substantial evidence and was contrary to law. We conclude substantial evidence supports the Board of Review decision that the conduct leading to Apodaca’s termination did not constitute misconduct warranting denial of unemployment compensation under Section 51–1–7(B) of the Unemployment Compensation Law. Accordingly, we reverse the district court. Apodaca was employed as a counter helper from August 1986 to August 1987 with It’s Burger Time, Inc. Apodaca’s supervisors had no complaints concerning the performance of her work. Several times during the summer of 1987, Apodaca approached the store manager, John Pena, to ask how the owner, Kevin McGrath, would react if she were to dye her hair purple. Pena did not at first take the question seriously. When Apodaca persisted, Pena told her that he would have to ask McGrath. Apparently, he never did so. After several weeks, Apodaca went ahead and dyed her hair. McGrath saw Apodaca’s tinted hair for the first time at work two days later. He instructed Pena to give Apodaca a week to decide whether she wanted to retain her new hair color or her job. In a letter to the Board of Review, McGrath wrote that he had a good sense for community standards and believed he could not afford to wait until â€Å"this incident [took] it’s [sic] toll on my business. † Apodaca had signed the company handbook upon being hired, which instructed employees about acceptable hygiene and appearance. The handbook said nothing specific about hair color. Pena relayed McGrath’s message to Apodaca and suggested she make up her mind quickly so he could find someone to replace her if necessary. Two days later, Apodaca told Pena she had decided to keep her hair the way it was. She was then terminated and applied for unemployment benefits. The Department initially determined that Apodaca was ineligible for compensation because she had been terminated â€Å"for refusing to conform to the standards of personal grooming compatible with the * * * work [she was] performing. † The claims officer concluded this constituted misconduct under Section 51–1–7(B). Apodaca appealed to the Appeals Tribunal, which affirmed the denial of her benefits after a hearing. She appealed the Tribunal’s decision **90 *177 to the Department’s Board of Review. After reviewing the record of the hearing, the Board concluded that the employer failed to show how the color of Apodaca’s hair affected its business; therefore, her refusal to return her hair to its original color did not rise to the level of â€Å"misconduct† required for denial of her benefits. For review of the Board’s decision, the employer filed a writ of certiorari with the Dona Ana County District Court. The district court determined Burger Time’s request to Apodaca to change the color of her air was reasonable and enforceable and Apodaca’s refusal of that request was misconduct. The court concluded that the Board of Review’s decision was not supported by substantial evidence and was contrary to the law and reversed the decision granting Apodaca her benefits. This appeal followed. In reviewing the district court decision, we look first to see whether the court erred in concluding that the Department’s decision was unsupported by substantial evidence. Because we conclude that the court erred in this determination, it is unnecessary for us to examine the findings and conclusions adopted by the court. Misconduct and the employer’s interest. Both Apodaca and Burger Time agree that the definition of â€Å"misconduct† as used in Section 51–1–7(B) is to be found in this Court’s opinion in Mitchell v. Lovington Good Samaritan Center, Inc. , 89 N. M. 575, 577, 555 P. 2d 696, 698 (1976): â€Å"[M]isconduct† * * * is limited to conduct evincing such wilful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability. * * [M]ere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed â€Å"misconduct† within the meaning of the statute. Apodaca d oes not deny that her refusal to redye her hair was an intentional and deliberate act. At issue in this case is whether an employee who refuses to alter her personal appearance in conformity with the employer’s personal beliefs about acceptable community standards has engaged in misconduct. The employer argues, and the district court apparently agreed, that so long as the request is reasonable and the employee is given adequate time to comply, refusal amounts to â€Å"insubordination and misconduct. † We disagree. In Alonzo v. New Mexico Employment Security Department, 101 N. M. 770, 772, 689 P. 2d 286, 288 (1984), we recognized that termination for an isolated incident which does not â€Å"significantly affect[ ] the employer’s business† may not form the basis for denial of benefits on the grounds of misconduct. In Alonzo, an employee was terminated after refusing to wear a smock when working at the cash register as required by company policy. Id. at 771, 689 P. 2d at 287. As here, the employee’s previous work history was completely satisfactory, and there was no evidence that the employer’s business interests had been affected. Alonzo should be compared with Trujillo v. Employment Security Department, 105 N. M. 467, 471–72, 734 P. 2d 245, 249–50 (Ct. App. 987), which held that failure to report for overtime work pursuant to an employment contract provision allowing the employer to draft employees in emergency situations constituted misconduct, when the evidence demonstrated that the orders directing employees to report early to work were explicit and not confusing. In Trujillo, unlike Alonzo, failure to comply with the employer’s request was recognized as having significantly affected the employer’s interest. See also Thornton v. Dep’t of Hum an Resources Dev. , 32 Cal. App. 3d 180, 107 Cal. Rptr. 92 (1973) (refusal of restaurant employee to shave beard immediately or be terminated was not misconduct when employer failed to show that beard was unsanitary or otherwise detrimental to business); cf. Lattanzio v. Unemployment Comp. Bd. of Rev. , 461 Pa. 392, 336 A. 2d 595 (1975) (claimant’s refusal to report back to work was for good cause when employer demanded he shave beard but no evidence supported contention that requested alteration in appearance was essential to performance of duties other than employer’s vague assertion that claimant’s â€Å"modish† appearance might reflect unfavorably on business). In this case, there is absolutely no evidence that the color of Apodaca’s hair significantly affected Burger Time’s business. McGrath and Pena both testified they received no customer complaints regarding the color of Apodaca’s hair. Apodaca’s immediate supervisor, testifying in her behalf, reported that the only comments she heard were compliments and that Burger Time’s customers had readily registered complaints in the past when they found something amiss. Under these circumstances, the Board of Review could properly decide that Apodaca’s refusal to retint her hair did not rise to the level of misconduct. Burger Time argues that none of our previous cases require an employer to demonstrate its business was affected by an employee’s refusal to comply with a request from the employer. However, it is well established in New Mexico that the party seeking to establish the existence of a fact bears the burden of proof. See Newcum v. Lawson, 101 N. M. 48, 684 P. 2d 534 (Ct. App. 1984); Carter v. Burn Constr. Co. , 85 N. M. 27, 508 P. 2d 1324 (Ct. App. ), cert. denied, 85 N. M. 5, 508 P. 2d 1302 (1973); Wallace v. Wanek, 81 N. M. 478, 468 P. 2d 879 (Ct. App. 1970); cf. Moya v. Employment Sec. Comm’n, 80 N. M. 39, 450 P. 2d 925 (1969) (when claimant sought to establish that he ought not be disqualified from receiving benefits because the position for which he refused to interview was not suitable employment, he bore burden of proof on this issue). In this case, pursuant to Department regulations requiring an employer to report why a claimant was fired or have that claimant’s benefits charged against the employer’s account, Burger Time submitted a letter stating that Apodaca refused to comply with company grooming standards. At each subsequent stage of the administrative process and before the district court, Burger Time sought to establish that Apodaca was terminated for misconduct. It therefore fell upon Burger Time to show that Apodaca’s refusal to change the color of her hair amounted to misconduct under the standard considered in Alonzo and Trujillo. This, Burger Time failed to do and thus failed to meet its burden of proof. Moreover, Apodaca presented uncontroverted testimony that no customers complained, and some complimented her for her hair. We do not question Burger Time’s right to establish a grooming code for its employees, to revise its rules in **92 *179 response to unanticipated situations, and to make its hiring and firing decisions in conformity with this policy. However, as we noted in Rodman, â€Å"It is * * * possible for an employee to have been properly discharged without having acted [in a manner] as would justify denial of benefits. † 107 N. M. at 761, 764 P. 2d at 1319. 2 Definition of misconduct and the right to terminate. Although not directly presented on appeal in this case, we note that in their decision letters both the Appeals Tribunal and the Board of Review used the following definition: â€Å"The term ‘misconduct’ connotes a material breach of the contract of employment or conduct reflecting a willful disregard of the employer’s best interests. (Emphasis added. ) We rejected this definition in Rodman, 107 N. M. at 763, 764 P. 2d at 1321, as inconsistent with the Mitchell standard requiring a willful or wanton disregard of the employer’s interests. The use of the term â€Å"or† implies that any breach of the employment contract sufficient to warrant discharge of the employee serves as adequate grounds for denial of benefits, whether or not the employee acted in a willful or wanton manner. Where an employee has not acted with the requisite degree of ‘fault’ under Mitchell, he or she has not sacrificed a reasonable expectation in continued financial security such as may be afforded by accrued unemployment compensation benefits. † Id. at 761, 764 P. 2d at 1319. The decision of the trial court is reversed, and this case is remanded for entry of judgment consistent with the decision of the Board of Review. IT IS SO ORDERED.

Achilles in “The Iliad” Essay

The telling of the Trojan War within the confines of the Iliad goes above and beyond great lengths to describe and portray many key players but a lot of the main focus was on that of who’s considered to be one of the greatest warriors who has ever lived. This warrior goes by the name of Achilles. The main logic and reasoning behind this key focus is to make sure that readers of the literature have a detailed description, physical or mental implanted into their brain so they can relate, regardless if the actions are positive and or negative. It gives the reader the chance to indulge themselves into the character like if they were at war fighting for what they believe in or what they were told to do. In the beginning Homer’s depiction of Achilles leads one to believe that he is a big bad hard ass that strikes fear in the hearts of many. Yes this is true but as the story unfolds, he is not only this cold blooded warrior, but one that has emotions and shows them. A prime ex ample of his feelings coming out is when he learns of his beloved friends Patroclus’ death. With him actually showing emotions, in contrast to the other warriors this made him well rounded. Homer starts out with a quick description of Achilles stating how he’s half man half god. This is all thanks to his mother for taking the correct measures and precautions when he was just a baby. By doing this she created a super human warrior of sorts without really even knowing Achilles possesses super human strength that gives him an advantage of most if not all of his competition. He is also described by Homer as having a very close relationship with the gods. No one really knows why, but one can only assume. Another point brought up is that he also has very deep seated character flaws that are always interfering and clouding his judgment so he may out with nobility, integrity, and common sense which makes him intellectually and morally cursed in a sense. A great example of his irrational decision making is when says to hell with this was and decides to abandon his comrades and puts victory in jeopardy all because he had felt the upmost disrespect coming from his commander Agamemnon. â€Å"Achilles is a man of noble principles all throughout the poem. His argument with Agamemnon is a testament to that.† He  pretty much turns into a spoiled brat because he can’t get his way and he doesn’t like what is being said to him. He is also very self-centered and egotistical. He wants to be the center of attention and be a part of the history books and with the pride he has and the tendency to follow that big ego of his is preordained. He eventually has to choose between fame and what comes along with it or being at a relaxed chill like comfort lever. He decides to go with the fame. Already considered by most to be blood thirsty, prideful, and full of wrath. It really starts to show once Patroclus is murdered in battles after the Trojans thought that it was Achilles that they were killing. Adhering to Patroclus’ pre death advice of patching up things with his commander he does so but in turns focuses all his hatred and anger towards Hector. You would think he was keep calm and so things a little different after his friends’ death but he learned nothing and seems like his friend died in vain in a sense. Achilles leads his men on what can be considered a suicide mission of sorts to kill Hector. Once that’s done he desecrates Hector’s body and slays 12 Trojans warriors and Petroclus’ funeral. These actions are the epitome of what Achilles stands for and represents. Under his blood thirsty and angry exterior, he has a break when King Priam pleads and begs for his son’s body back and by doing so something triggers in Achilles brain about his dad so he decides to return Hector’s body back to his father. Afterwards he’s back to normal in the proverbial sense and he has no idea that his prideful and egotistical ways will be the downfall and death of him. When he was dipped in the river Styx as infant, one vital part of his body was left venerable, his heels. After the Iliad concludes he was later shot in the heel by an arrow belonging to the brother of Hector, Paris. Even though Achilles doesn’t show growth throughout the epic, he is the epitome of a Homeric character because he lacks control, character, depth, and has a huge lust like appetite for fame. Works Cited â€Å"Analysis of Achilles’ Personality Growth in Homer’s the Iliad† StudyMode.com. 03 2007. 03 2007 . Character of Achilles in Homer’s Iliad.† 123HelpMe.com. 18 Jul 2013 .

Radioactive Waste Management Essay Example | Topics and Well Written Essays - 1250 words

Radioactive Waste Management - Essay Example Hospitals and labs doing research work generate low-levels of radioactive waste. Also the nuclear fuel cycle generates it, however at this level the radioactivity lasts a short time and not dangerous to dispose of. The intermediate-level of waste should be disposed carefully as it contains higher amounts of radioactivity. The high-level waste may be the used fuel itself, or the waste generated from reprocessing the fuel. They contain long-lived radioactivity and also generates a high amount of heat. (AUA, 2007) Radioactive materials are themselves a threat, and shielding is required for their management. Their waste is even more a threat since it can affect millions of people throughout the area that has been exposed to, hence proper management is required. Since most of the radioactive waste can be reused for nuclear plants, its high cost and utility makes it important to manage it properly. Also management from the point of view of keeping radioactive materials secure is also important since in the wrong hands, radioactive materials can be used to spread terrorism in the world. (IAEA, 1995) Radioactive waste is hazardous for the natural environment in high quantities. Once the radioactivity escapes into the environment, humans and other species are exposed to ionizing radiation. Since humans are among the most radiation sensitive organisms, the effect can be as bad as or even worse than that happed to the people of Hiroshima and Nagasaki. The natural resources would be destroyed over extended periods of time. Chemical pollution and adverse affect on the natural habitats of other species can de disastrous for our future generations. (IAEA, 1995) Political Impacts Keeping radioactive waste can be a threat to the security of a nation and even a threat to the world. Since terrorism is a very strong force in this world today, keeping radioactive waste provides an opportunity to these fanatics to take control of the waste and use them for their terrorist activities. Physical The radioactive waste requires special landfills with lead containers kept deep inside the earth. The land then becomes unusable due to threat of radioactive contamination. When an area becomes contaminated, it then becomes quarantined and involves a massive cleanup campaign. If the radioactive waste is short lived then usually the site becomes usable after the radioactive waste decays. However in the case of long-lived waste, suitable sites are cleared and dug up to facilitate the waste in deep final repositories. (IAEA, 1995) Economic The management of radioactive waste is often extremely expensive. According to an Israeli estimate, it costs $30,000 per ton to treat and properly dispose low-radioactive nuclear waste (Kloosterman, 2007). This cost is extremely high for even a developed country. According to Nuclear Decommissioning Authority (NDA), UK's nuclear waste clean-up program could cost more than 70bn (BBC, 2006). Responses Individuals Everyone at a personal level realizes the threat that radioactive waste poses for their country and to themselves. At a personal level, everyone should try to contain and limit the use of radioactive material in

Personal develop plan Essay Example | Topics and Well Written Essays - 750 words

Personal develop plan - Essay Example It is the means through which ideas are exchanged between people. I believe developing effective communication skills is important to effect any change. Even though I have these positive attributes there are some weaknesses in my communication. Although am clear and concise, my speech is sometimes stilted, and too formal1. This is evidence of tension and not being relaxed enough. Sometimes people find it difficult to follow my argument. Feedback shows that at times it is not easy to understand the flow of my argument or presentation of ideas. These are challenges I need to work and improve on, and I will do so in the following ways. In order to present a perfect argument or presentation through speech, I have to practice public speaking more often. I have to practice in order to be confidence when speaking smoothen my presentation. As I gain confidence, I will see a marked improvement. I will utilize the learning support offered by the University, to improve my writing skills. This will have a positive impact on my grades as my ideas will be well thought out written works. Better grades will be the resultant effect of this2. I will also dedicate enough time to research to enhance the quality of my presentation. Team work refers to the ability to fit in a group and successfully achieve the set goal or goals. The ease with which one fits and work in a group is the above mentioned skill. Working as a unit is important as it leads to division of tasks or assignment, which in turn yields faster and credible solutions. As far as this particular skill is concerned I believe am well above average. I have been in many situations where it was mandatory to be a team player and also situation where I have exhibited my leadership qualities. I have worked part-time in my uncle’s repair store. I was just but one of the employees. The nature of the work was such that we all relied on each other in order to do a

Ben's Case Study Example | Topics and Well Written Essays - 250 words

Ben's - Case Study Example This is because high neutrophil count can be due to several factors such as stress due to sudden bacterial infection or damage of tissues among others. C. Respiratory acidosis-Respiratory acidosis is caused by alveolar hypoventilation, which leads to increased hypercapnia. The tests results help determine whether respiratory acidosis is acute or chronic. 12. CFC is usually clear, colorless, and sterile and contains similar constituents to those present in blood, but in lower amounts. Thus, the physician was relived because sterile CSF proved that there was no bacterial infection in the CSF. She was considering the possibility of bacterial meningitis infection. 13. Antibiotics can change the normal microbial flora, which may result in toxicities where the drug is unable to differentiate between the host physiology and the pathogen physiology; hence, destroying both the normal bacteria and harmful bacteria. Thus, Ben’s condition deteriorated due destruction of the normal bacteria in his body, which promoted the growth of drug-resistant microorganisms (Bauman, 2011). 14. Hospitalized patients are quite vulnerable to staphylococci and gram-negative bacteria, which are highly dangerous for already ill patients. Thus, this could have contributed to Ben’s condition and placed him at a high risk of

Evaluation Essay on The Dark Knight Trilogy Example | Topics and Well Written Essays - 1250 words

Evaluation on The Dark Knight Trilogy - Essay Example Far more than merely being a suit to which Batman wears, the costume in the progression that is exhibited itself is something of a subplot and corresponding and analogous to the main storyline is taking place. In addition to the progression of the costumes will that Batman wore within the trilogy, the viewer instantly comes to the extermination that a more flexible and freer style is exhibited in each progressive film. Naturally, it can and should be noted that this more free and flexible style also means that the representation of the suit becomes more fluid and less like a patchwork or mash of armor. It would therefore not be a stretch to compare the way in which the suit is exhibited within these films as an indication for the overall level of completeness, self identification, and personal development that Bruce Wayne brings to this created character. In such a way, the costume itself serves as a type of micro theme in which the viewer is made aware of the fact that Batman, throu gh the representation of the suit, is continually evolving and ultimately becoming more and more comfortable with the character he defines. Similarly, with regards the improvements that were made over previous Batman films, the current trilogy exhibits expertise in both makeup and costume design that ancillary characters and villains represent. No more can this be seen as with regards to the character of â€Å"the Joker†. Whereas in movies of the past, the Joker has been portrayed in unbelievably comical ways, the deep scars along with the faded clown makeup that the Joker exhibited only served to reinforce the level of understanding the audience had with regards to his villainy. In such a way, costume and makeup were able to... Element that gives the trilogy strength is with regards to character development that takes place within the secondary characters of Alfred Pennyworth and Jim Gordon. Whereas in the beginning of the trilogy Alfred Pennyworth acts as an unquestionable pillar of support for Bruce Wayne, as he begins to see the increasing psychological and emotional toll that the character of Batman is having upon Bruce, Alfred’s overall level of support beings to diminish. This is of course most distinctly noted within the third film as Alfred finally actively attempts to restrain Bruce Wayne from returning to his role due to the incalculable effect that it is having upon him. In something of an Opposite Way, Jim Gordon, at first highly skeptical of the character of Batman, eventually comes around to realize that such a character plays an important role within the society of Gotham. Although Jim Gordon cannot be considered as a villain, the fact of the matter is that he nonetheless exhibits less than desirable traits with regards to the manner in which he attempts to utilize Batman to his own ends. Regardless of such a selfish motive, Jim Gordon ultimately agrees to further a lie as a means of keeping Batman’s secret safe. Perhaps most importantly of all, with regards to character deterioration, Bruce Wayne undergoes the most romantic and prolonged transformation of any of the characters within the film series. Whereas the first film portrays the character that dabbles with his alter ego in the form of Batman, this dynamic is cemented within each subsequent film to the point that Bruce Wayne nearly ceases to exist by the time â€Å"The Dark Knight† concludes.

The legal, ethical and professional aspects of record keeping relating Essay

The legal, ethical and professional aspects of record keeping relating it to team working in healthcare - Essay Example The poor quality and clarity of nursing records was marked by Susan Lowson, the advisor to the Health Service Ombudsman, during The NSG conference "Information and Litigation in Healthcare" (on 11th June 2003) at Kettering General Hospital Post Graduate Medical Centre. Therefore, there is a little work to be done in the field of record quality improvement. The detailed description of a patient's case history, condition and treatment help the members of the inter-professional health care team to communicate and cooperate. This may help when the patient receives the treatment from different specialists and the important information, such as blood group, allergic reactions, specific no compatible prescribed medicines etc. should be reported to every doctor. The records are vital in doctor-nurse cooperation as they help a nurse to follow the doctor's prescriptions and a doctor to control the smallest changes in the patient's condition without keeping him under close observation as in case of long, or life-long disease when the patient receives regular nurse care and one-day-per-month doctor's examination. Good record should be written in a clear and accurate way (intended for a particular type of the record) to present the accurate account of treatment and care planning and delivery, and the record keeper should therefore follow special rules and recommendations of the authoritative organisations. Clear and consecutive records of a patient's condition help to detect problems rather than scrappy, incomplete, and inconsequent notes.Rigorous, detailed description of case history, the changes in patient's condition, medical conclusions, recommendations, and prescriptions help not only provide the successful treatment but also to protect the rights of a doctor or a patient in case of litigation. Thus, a high level of record keeping provides patients' welfare. Good medical record keeping helps to provide continuity of care. Continuity of care is an important component of medical service. Continuity is not an attribute of providers or organisations, it is rather the way individual patients experience integration of services and coordination. Therefore, continuity of care is a significant characteristic of medical care level. According to Guidelines for Record-keeping (2005, p.7), the Audit Commission (1995) found patients were suffering as a result of poor communication between professionals, even within the same area of practice and/or ward/base. The reason for that was that records were frequently treated as the personal property of a practitioner instead of as a corporate asset to promote quality care. The Trust is committed to promoting integrated patient records to support safe and effective care. It is strongly recommended, that where possible, practitioners should use or develop records that other professionals and the patient/carer/relatives are able to use to promote continuous effective care for the patient. An example of how and where this system of integrated record keeping works is the personal child health

Art as a way to creatively call attention to social issues Essay

Art as a way to creatively call attention to social issues - Essay Example Evolution of technology has had positive impact on artistic values in society and in aesthetics. In his essay â€Å"The Art of Collecting Light bulbs,† Kimmelman (2005) exposes characteristics and qualities contained in art making such as being ubiquitous and converting uselessness into an asset. However, as Restak (2004) explains in his essay â€Å"Attention Deficit: Brain Syndrome of our Era,† technology serves not only as an ally but also as a distraction to our daily activities. For instance in the summer of 2003, e-mails from themobproject@yahoo.com began to circulate inviting people to convene in a public place so as to take part in a random act with the sole purpose of confusing others (Bill 2003). The first successful mob took place in New York Macy where hundreds of people entered the store in search of a â€Å"love rug.† After that about two hundred people flooded the lobby and mezzanine of the Hyatt hotel in synchronized applause for about fifteen seconds, and the next shoe boutique in SoHo was invaded by participants pretending to be tourists on a bus trip (Bill 2003). These activities provide the viewers with a sense of wonderment which heightens people’s curiosity and help them become aware of their surroundings. Moreover Restak states that ADD and ADHD is not actually a state of mental condition but merely a new state of cognition. Boredom arises when the brain attempts to account for incredible amounts of information available to us through technology and is simply overwhelmed. This causes the brain to develop differently in order to successfully understand everything that modern human expose themselves to, hence a way of thinking that certainly is an unprecedented change in cognition. This partially stems from multitasking which is a mechanism that humans have developed in response to suddenly having a much higher amount of distractions in comparison to just a few decades ago. Technology and modern art have

Analyze how spiderman fits the classic heroic models while still Essay

Analyze how spiderman fits the classic heroic models while still presenting a uniquely american prespective - Essay Example For example, in the film Spiderman, when the super hero saves her, the character of Aunt May says, â€Å"Everybody loves a hero. People line up for them†¦Ã¢â‚¬ ¦.just to get a glimpse of the one who taught them how to hold on a second longer. I believe theres a hero in all of us, that keeps us honest, gives us strength, makes us noble†¦Ã¢â‚¬ ¦Ã¢â‚¬  In mythology, a classic hero is a character who has a problem and must fight to overcome it. In classic mythology, a hero always had to make a journey and he is required to pass through many tests and ordeals as he comes up against forces of evil, however what ultimately helps him to overcome the ordeal and win is confronting his own nature.(Campbell, 1993). According to Campbell, the mythological hero sets forth from his hut or castle and proceeds to the threshold of adventure. There he must move forward fighting the forces of evil in the world of darkness and evil. When he returns , the boon that he brings is able to restore the world. This hero journey model essentially begins with the introduction of the character and his problem, then it follows him through several stages until he finally gets his reward. This classic pattern is also reiterated in Spiderman, whose alter ego is Peter Parker, the typically conflicted hero who is nerdy and a geek, but who rises above his limitations to achieve self knowledge and becomes a force to reckon with, as he fights the forces of evil so that good can triumph. At first, he is just an ordinary guy who lives with his aunt and Uncle and pines for the girl next door – Mary Jane – who is the shallow but popular school leader’s girlfriend. The threshold of the adventure begins when Parker is bitten by a spider and acquires unusual powers, such as the ability to spin webs, a spider sense which tingles in the presence of evil and superb acrobatic strength. He then begins the

Week Two Paper Essay Example | Topics and Well Written Essays - 1250 words

Week Two Paper - Essay Example Federal courts are generally said to have "federal question" jurisdiction, which means that federal courts will hear cases that involve issues touching on the Constitution or other federal laws. The source of "federal question" jurisdiction can be found in the Constitution. Article III states that the "judicial power shall extend to all cases, in law and equity, arising under this Constitution, the laws of the United States, and Treaties made, or which shall be made, under their Authority." The federal court has jurisdiction over the case of Mr. Jones and the owner of the adjacent lot, because the Federal law also authorizes federal courts to hear cases where the opposing parties are citizens of different states. This is known as "diversity jurisdiction", because the plaintiff and the defendant have different, or diverse, state citizenships. "Diversity jurisdiction" enables a federal court to hear cases where there is not a federal question. In diversity cases, the federal court provides a fair forum where citizens of different states can have their cases heard. A "supplemental jurisdiction", a federal court can hear a claim that would normally come under the jurisdiction of a state court if it is related to a claim already before that court. Supplementary jurisdiction -- sometimes called "ancillary jurisdiction" or "pendent jurisdiction" -- is a common-law, device that allows a court to resolve all claims between opposing parties in one forum. Unlike other forms of jurisdiction, supplementary jurisdiction is discretionary -- a court can choose whether or not to exercise it in a given case. Disagreements are common in our daily lives. Usually these disagreements can be settled outside the legal system. Sometimes they are so serious, however, that one of the parties sees no alternative but to file a lawsuit.

Physics of sports Essay Example for Free

Physics of sports Essay Instructions: One of the best (and most fun) ways to explore physics and how it relates to the real-world is through sports. Every sport utilizes multiple physics principles. For this project you will chose a sport and study the physics principles involved. The sport you choose must be an actual sport, not a computer simulation or animation You will create a short PowerPoint presentation (5 slides max) summarizing your project. The following outline is designed to walk you though what you need to include in your project presentation. You will get more out of this project if you pick a sport you play or are interested in. And who knows, it may even improve your game! Project Outline: Be sure to include the following information in your presentation: Your name Sport Selected (include several illustrative images) Why did you choose this sport? List the physics principles that apply to your sport, and give specific examples of each. For example, all sports involve some sort of collision or impact. Thus the physics of momentum conservation and impulse apply. Include at least 3 relevant physics equations in your examples. Use a few images to illustrate your examples. Include at least 2 calculations in your presentation. To obtain data for your calculations you may (1) make measurements if possible, (2) make reasonable estimations, (3) do a bit of searching to find sample data. Be sure to explain how and/or where you obtained data for your calculations. All of your equations should be included in your PowerPoint presentation (not handwritten on board as you present). List the top athletes in your chosen sport. Identify what physical characteristics make them uniquely suited to your sport. Use physics to support your answer. Most sports have an upper limit on the possible athletic performance of the participants. This may be reflected by a world record or an obstacle of some sort. Discuss any such limitations in your sport and how physics may place such limitations on the athletes. For example, do you think it is physically possible for a sprinter to run 100 meters in under 9 seconds? What sort of trends do the world records suggest, and what physics principles apply? Upon completion email your presentation to Professor Brooks. Give your presentation a filename that includes your name and class in the following format: â€Å"John Doe phys1401. ppt† For examples of good past student projects you may download these SAMPLES.

The Strange Case of Dr Jekyll and Mr. Hyde | Summary

The Strange Case of Dr Jekyll and Mr. Hyde | Summary In what way does Robert Louis Stevenson build intrigue and interest the reader in ‘The Strange Case of Dr Jekyll and Mr. Hyde The book ‘The Strange Case of Dr Jekyll and Mr. Hyde was written in 1885 in Bournemouth, England and in January 1886 was first published by Longmans, Green Co, and is probably one of Stevensons best-known stories he wrote. The novella is a Gothic mystery story set in the 1880s in London. It is about a man named Mr. Utterson and how he discovers the truth about his friend Dr Jekyll and the horrors that occur as the mystery unfolds. The story is veiled in mist and characters uncertainty. We see the rising actions of Mr. Utterson as he attempts to discover the truth of the relationship between Dr Jekyll and Mr. Hyde, and the constant theme of the ‘duality of human nature and reputation. The story begins with a trustworthy and sensible man named Mr. Utterson and his friend Mr. Enfield as they are taking their weekly stroll around an area in London. As they pass a very dilapidated door, Mr. Enfield recalls a gruesome story of physical attack. The story depicts how a man named Mr. Hyde ‘trampled calmly over a young innocent girl ‘like some dammed Juggernaut‘. This would immediately create surprise and intrigue in the readers mind. Why would anyone trample a young girl to the ground? The man pays off the girls relatives with a cheque, which was signed by a very prestigious man, named Dr Jekyll. This creates interest and intrigue to the reader and questions would present themselves in their mind. What is interesting is how Mr. Enfield describes Mr. Hyde. He says ‘He is not easy to describe. There is something wrong with his appearance, something displeasing, something downright detestable [Chapter 1]. Why can Mr. Enfield not describe Mr. Hyde? How can a man make someones blood run cold? Mr. Enfields lack of description makes a pattern in the novel, even later on Mr. Utterson cannot come up with an exact description of this man, only as a ‘troglodyte. It makes the reader find it hard to imagine w hat this character might look like or what he might not, and want to find out more about Mr. Hyde. How can it be that no one can describe him? Mr. Utterson represents the readers intrigue and tries to find out more information. The lawyer visits his friend Dr Lanyon to try to shed some light on Mr. Hyde. Dr Lanyon informs him that he does not speak to Dr Jekyll anymore because they had a scientific difference of opinion that Dr Lanyon refuses to express any detail. He says that ‘Jekyll became too fanciful for me and finds his work ‘unscientific balderdash [Chapter 2]. Questions would become apparent to the reader such as why did Dr Lanyon think that Dr Jekylls was unscientific, or did it go against any of Dr Lanyons beliefs and boundaries? Robert Louis Stevenson makes the conversation very blunt and withholds information by making Dr Lanyon very stubborn as to why they have fallen out. The fallout seems connected to Mr. Hyde even though Dr Lanyon has never heard of such a person. Another question might be ‘Why is Dr Lanyon so irritated by Dr Jekyll? Before this, it is told that they were great friends so something very significant to have broken up such a good companionship. This secrecy i s continuous throughout the whole novel. Robert Louis Stevenson gives the feeling that there is a veil over everyones eyes, even in third person we only follow the journey of Mr. Utterson and as he figures things out so does the reader. London was really the perfect setting for this novel, as during the 19th century, the industrial revolution took place and you would get very dense smog that would smother whole parts of the city for days. This interests the reader because they do not get the whole picture in one page and are eager to find out more. Fog and mist represent secrecy because they can hide what is right in front of you. The whole picture only revealed at the end of the book so you have to follow Mr. Uttersons footprints to get the whole idea. After the appalling incident, involving Sir Danvers Carew Mr. Utterson leads police officers to Mr. Hydes home in Soho it was a very misty day. ‘A great chocolate-colored pall lowered over the heavens, but the wind was continually charging and routing these embattled vapors and ‘it would be dark like the back-end of evening; and there would be a glow of rich, lurid brown, like the light of some strange conflagration [Chapter 4]. This build up to something might be a very eventful day. The suspense created makes the reader interested to find out what is hiding in Mr. Hydes house. Robert Louis Stevenson uses vivid language to captivate the readers imagination and evokes emotions such as apprehension as to what happens next. The weather also might represent how the characters are feeling themselves. The anonymous narrator just describes Mr. Uttersons point of view, only the last two chapters are in Dr Lanyon and Dr Jekylls observations, this makes Mr. Utterson the flagship c haracter of the novel. When Dr Lanyon witnesses the transformation of Dr Jekyll at the end of Chapter 9 Robert Louis Stevenson uses descriptive language to captivate the readers imagination. Robert Louis Stevenson writes ‘He put the glass to his lips and drank at one gulp. A cry followed; he reeled, staggered, clutched at the table and held on, staring with injected eyes, gasping with open mouth and ‘he seemed to swell- his face became suddenly black and the features seemed to melt and alter [Chapter 9]. Robert Louis Stevenson uses vivid language to create an intense and climax. The atmosphere is electrifying throughout the last few paragraphs of Doctor Lanyons Narrative. Stevenson uses colorful language that is very powerful to the reader. Dr Lanyon is so horrified that he dies shortly after. One subtle thing that might interest the reader is the main theme in ‘The Strange Case of Doctor Jekyll and Mr. Hyde. The theme that is stated by Dr Jekyll is ‘the duality of human nature. Dr Jekyll says that ‘man is not truly one, but truly two. The potion that Jekyll created intended to separate the elements of good and evil, and leave him with the good side, but instead it leaves him the pure evil, primitive side. Robert Louis Stevenson takes a very primal approach to Mr. Hyde and how he behaves, and illustrates primeval instincts within him. Mr. Hyde represents a very small, ugly, and hairy man that symbolizes his own moral values. Dr Jekyll says that the human soul is made up of angel and a fiend that are fighting for dominance. As the story progresses we see the ‘fiend Mr. Hyde completely overpower the ‘angel Dr Jekyll. The reader might wonder what happened to the ‘angel at the end of the book as only the ‘fiend was present. It could be anything the reader wants; Robert Louis Stevenson left that to the imagination. There are many ways to interest and intrigue a reader when writing novels. You could use descriptive words, or make something out of the ordinary happen. Robert Louis Stevenson has created a fascinating novel that is full of suspense and intrigue and has enthralled many peoples imagination, and has used powerful and evoking vocabulary to create dramatic scenes and intense atmospheres. I feel that Stevenson has written a story that creates ambiguity and curiosity to all.

TESCO Human Resources Management Company

TESCO Human Resources Management Company TESCO (Tesco translation of the Chinese mainland and Taiwan Tesco translation), a large British supermarket chain. It is currently the UKs largest retailer, is second only to Wal-Mart (USA), Carrefour (France) and Home Depot (USA), the worlds fourth largest supermarket group. TESCO supermarkets first started selling the food, and gradually extended to clothing, electrical appliances, customer financial services, Internet services and telecommunications services. As of February 2006, TESCOs turnover (52 weeks) reached 38.3 billion pounds. à ¢Ãƒ ¢Ã¢â‚¬Å¡Ã‚ ¬Ã‚ ¢ TESCOs founder Jack Cohen, who in east London since 1919, a market selling food. TESCO The name first appeared in 1924, the first store opened in London in 1929. In 1947, the company listed on the London Stock Exchange. In 1948, the first self-service shops open for business, to date, it remains the city as a TESCO store (Metro) operations. Tesco was founded in 1919, is the UKs leading retailer, is one of the worlds top three retailers. Tesco in the world with more than 2,800 stores and distribution in 12 countries. Per week more than 3,000 million customers around the world to provide quality services. Tesco has become the annual sales of 46.6 billion pounds (about 712.98 billion yuan) of international retail enterprises in the world Fortune 500 ranking No. 59 and topped the Fortune magazine recently released 2006 the worlds most respected food and medicine shops and in 2006 Britains most respected local enterprises list of the first. Tesco for their customers monograph proud, Tesco in the world established the create value for customers to earn their lifelong trust the core concept, and the tireless efforts to provide customers with the necessary goods and services and put ourselves in aged people and others to treat customers and staff values. In 2004, Tesco entered China. Currently, Tescos has developed into a chain of hypermarkets in China with 48 stores, located in North China (including Beijing and Tianjin), East China (including Shanghai) and South China (including Guangzhou) three regions of the large retail chain TESCO first supermarket in 1956, opened in Essex County, said the house is transformed into a cinemas. First major supermarket was built in 1968, the location is West Sussex. In 1974, TESCO began selling gasoline, and in 1979 its annual turnover of over 1 billion pounds. In 1975, the first high-level department store opened. In 1997 the first large store (Extra) opened. In 1995, TESCO released his first card, and then expand its Internet services business. In the 1990s, it expanded its business to Europe, Ireland and East Asia. July 2001, TESCO began online in the United States food retail business. October 2003, began operating telecom services, including mobile phones and home phone services. August 2004, the official operation of broadband services. (B) TESCO strategy in China 1. China Market Research According to retail consultancy Retail Forward estimates made in 2005, the situation view, within the next four years, China is likely to more than Italy and France as the worlds fifth largest retail market. After all, in China is the worlds seventh-largest retail market after the United States, Japan, Britain, Germany, France and Italy. If current development of the country up to 13 million consumers and is growing the middle class is hard to ignore anyone. According to international consulting firm Bain Co. Predicts that by 2010 the number of Chinas middle class families will be based on the current San Francisco fan, overall spending will be more than 5 trillion. Retail Forward company specializes in the retail market Jingjixuejia Badi Luo also concluded that Chinas retail industry in the past five years, the annual growth rate of 7%, 5% higher than the U.S. growth rate. Market prospects can be seen. Tesco is mainly through the acquisition of Taiwans top new Tesco supermarket group officially entered the domestic market. Since then, Tescos operations in China, significantly speeding up. First, the use of the existing sales network Tesco, Tesco quickly completed in Northeast China, North China, East China market, the strategic layout, the shop in Beijing has also been identified and actively build and are expected to be officially opened in 2007 . Six months later, Tesco has started to look into the development of South China, and in April 2005, the official signing of Guangdong, which laid the foundation of its major expansion in South China, the foundation, the next step, Tesco will be mainly into the retail market in Shenzhen, the initial locations have been selected in Shenzhen Nanshan, new stores are also expected to be officially opened in 2007 signs that, Tesco is launching offensive to the Chinese market. In this regard, Tesco has made no secret of their ambitions, Tesco chief executive Lacey has more than once in public, revealed the attempt to catch up with Wal-Mart, Carrefour will. Tescos aim is to do the boss of Chinas retail industry. 2. Main ways Sourcing: Tesco in many countries have established procurement center, which makes Tesco the lowest cost to our customers around the world with cheap goods. In addition, we adopted the cooperation with local suppliers, and they share the Tesco experience in related industries and technologies. China is a can for our shops around the world to provide cheap products sourcing land. Tesco has been in China a lot of purchasing investments. We are sourcing from China worth about 11 billion of products in our stores in all global sales. As our business continues to grow, we expect this number be increased. Distribution: Our warehouse in Shanghai and set up a Commission (DC) and fresh Distribution Center (FFDC). Warehouse and distribution center systems have fresh through strict quality control procedures, advanced equipment and highly trained employees, customers continue to provide quality goods distribution. The logistics and distribution centers also contributed to the environment, so that delivery to each of the number of stores decreased from 100 times a day to only two to three times, thereby reducing traffic congestion. Supermarket operators: In 2004, we have adopted and then Tesco supermarket 25 Ting Hsin International Group to work together to enter the Chinese market. In 2006, we will hold shares from 50% to 90%. We are currently focused on the East China (including Shanghai), North China (including Beijing), South China (including Guangzhou) in these three regions continue to develop our business. In early 2008, we completed all the stores in the countrys image rectification, the existing store was renamed Tesco Tesco. As of the end of May 2008, we have 56 supermarkets in China, hypermarkets, is committed to provide customers with a shopping trip. (C) edge 1. Tescos confidence stems from its main business excels on the Of Tesco, the most proud of is the relationship with customers very well handled, and this is the main source of confidence in Tesco all. Over the years, to provide customers with more quality products and services business growth has been the key to Tesco. Tesco, wrote in the brochure: Our core philosophy is to create enough value for customers, to win the trust of their life. 2. Tesco praised another feature is its promotion of thriving e-commerce Tesco has now become the worlds largest network of supermarket business, its online store orders received each week up to 15 million, need to mobilize 1,000 trucks to placing an in the hands of these goods. Today, Tesco is on its successful experience in promoting e-commerce to open up their markets to any one, I believe the near future, Chinese consumers will also benefit from the crowded supermarket suppressing nausea and narrow the total liberation of the shopping channel out, replaced by a fresh and fast, and highly personalized online orders, the goods sent home immediately. 3. Tesco there is a big difference between its own brand has many Tesco to sell their original is a baked bread and other foods supermarket started, and now it is home to many of the production of goods placed on the supermarket shelves for reference by the customer to buy. So far, Tesco has been gradually introduced in supermarkets in Tesco than 400 own-brand goods in the next five or six years, the number of these proprietary brands are expected to grow to 3,000 species of -4000 species. 4. Tescos other big surprise move is to choose to open up overseas markets in the form of supermarkets As we all know, Tesco began to move out of their own country If we can not, a hypermarket, supermarket are all small and flexible to supermarkets in the form of special in a strange success of the overseas market has become a big unknown. To the Chinese market as an example. China seems all supermarkets are carved out of a mold, we are imitating each other, a high degree of homogeneity. Even so, Tecso still believes he can achieve excellent results. Because Tecso believe that, although models can copy, but the competition between enterprises, the total number of quality is difficult to copy, these unique qualities to become Tescos advantage. Second, human resources management (A) TESCO core concept Advocating people-oriented, our success is inseparable from the customer support and our employees. TESCO only customer satisfaction, goods and services provided, they will care again. Only employees feel their pay can be paid off, they will redouble their efforts to provide customers with even better service. Our philosophy is to create value for customers to earn their lifelong trust. We hope they will become repeat customers, often care for our supermarket. Our values reflected in how we treat our customers and employees: We put ourselves in, appreciate others. (B) Career development In one of the worlds top three retailers TESCO Group, each employee has the full freedom and career development opportunities. We respect each employees personal interests, talents, and enthusiasm. Staff are encouraged to pay their posts beyond the self and progress. The career development of creative ways to help employees to be experts in their fields, and continuously provide customers with more excellent services, but also determine our leading position in the retail business. Put ourselves in, the core values of Reciprocity is TESCO is the company to employees Connaught, to respect every employee, access to competent help, have an interesting work, self-development opportunities. (C) a professional HR team Excellent staff is to ensure that the key to the successful development of TESCO in China, I attract and retain the best talent, the company formed a team of professional human resources. From the head office, regional headquarters until every one of our stores, has a professional HR staff across the country in time for our nearly 18,000 employees service; in terms of functions, our human resources team is divided into recruitment, employee relations, compensation and benefits , training and development and organizational structure design, and to the company and employees to ensure that we provide more professional and better service. Our recruiting team gathered a group of rich experience in human resources professionals. (Iv) the recruitment and hiring procedures The company will pass a written, interviews and a series of screening and assessment process confirmed that the last hiring of qualified personnel. After being hired by the authorized officer shall report on relevant information to the personnel department to carry coverage for the entry procedures; same time the company will organize orientation for new employees to staff a more accurate understanding of TESCO. Third, the revelation As an international enterprise, not only to communicate with the staff concerned, but the idea of including human resource management, training, assessment leading all-round. As we all know, the international business worlds most powerful contemporary carrier has also been recognized as the competitive ability of a country marked an important symbol. Era of knowledge economy to international enterprises with an unprecedented opportunity for development with the same time bringing more challenges. When a company truly entered the international stage, despite all basic human resource management activity is still retained, but they form a complex. TESCO overall business strategy in order to achieve objectives, to be more effective, access, distribution and use of human resources. 1. Emphasis on human resource management theory of TESCO is emphasis on human resource management theories, guiding it as the basis for human resource management practices. From the economic man, social and self-realization and complicated man hypothesis of human nature to the hierarchy of needs theory, two-factor theory, Expectancy Theory, equity theory, Reinforcement Theory and other incentive theory; from the piecework to employee stock ownership plan ; from the Assessment Center to 360-degree performance appraisal method ; from the human resources theory to the human capital theory, human resources, strategic theory, and so no one does not reflect the United States Theoretical Studies of human resources management attention, and as such, so we can see that both the human resource management theory and practice of human resource management, TESCOs business are in the forefront of the world. 2. Human resource management and corporate culture is consistent Culture is individualism, heroism, and the three characteristics of rationalism. These characteristics reflected in the corporate culture is the pursuit of independence, freedom, the adventure competition, relying on legal regulations, self-centered and so on. TESCO Human Resources Management in the free movement of employees, emphasizing the evaluation capacity, promoted rapidly, encouraging innovation and competitive performance of Deng Deng features are closely linked to its corporate culture. TESCO Enterprises as deeply rooted in human resource management in its corporate culture, soil, therefore, TESCOs corporate human resources management a competitive advantage for their businesses an important guarantee. 3. Human resources management with the times With the political, economic, cultural, etc. continues to evolve, the living environment are constantly changing, to corresponding, TESCO Human Resources Management is also developing with the times and continue to develop. 4. Focus on the country to learn it Although TESCO Human Resources Management in a leading position in the world, but it does not rest on its laurels, but also pay attention to other countries to learn some advanced, its useful. 5. Human resources management strategy become an important component of strategic management Levin and U.S. management scholars Mitchell (Lewin Michell, 1995) pointed out that human resource management with strategy and business strategy can help enterprises to increase the use of market opportunities, improve internal organizational advantages, to help companies achieve their strategic goals. Business strategy can be divided into corporate strategy and business level strategy, TESCO Human resources management strategy is based on corporate strategy and business strategy development and business level consistent basis, through human resources management to improve enterprise performance, enterprise strategic goals, to play the strategic role of human resources management. Human Resource Management is a management function from a purely business into a strategic partnership, human resource management practices of recruitment, motivation, evaluation, compensation, training, etc., have become businesses gain a competitive advantage and achieve overall business objectives and ef fective way. In addition to human resources management of things, taking into account the employees of shareholders, customers, other businesses, governments and other stakeholders, the balance of interests. 6. Open recruitment, scientific election contract by contract before the formation of the employment relationship Enterprise managers and employees are the social and professional, freely mobile, decided to hire or dismissal under the contract. Enterprises and the employment relationship between employees, contract by contract to form the one hand, a clear interest, it also provides more mobility for employees opportunities. Enterprises have vacancies to be advertised publicly, they are considered open and public-oriented recruitment advertising is the most effective means of recruitment advertisements can also open before the election to expand the scope of enterprises, while job-seekers face of all vacancies to compete. Fully embodies the principle of equality. The requirements of business-to-recruit employees in addition attention Zhiweis requirements, also focus on interpersonal skills Hu Zhi Ye Jin Quxin. When companies in the recruitment of employees generally need to experience: (l) advertised; (2) candidates to submit a job application report; (3) According to preliminary data of the app licant and the first test screening; (4) to include those who pass the first test criminal record and the original work of the review; (5) to include those who pass the first test of knowledge, abilities, interests and occupational tests; (6) Interview; (7) to interview those who pass a comprehensive evaluation. Choose the best and a series of steps. (A) the status of human resource management and strategic positioning in the highly International human resource management point of departure in order to match business objectives of the strategic development, first by establishing a common set of corporate management, in line with the interests of all internal and external, are the entire staff agreed with the strategic goals of enterprise development and corporate vision basis. With the economy to the breadth, depth, enterprise demand for high quality talent will become urgent. (B) the development of human resource management was the development of three-dimensional TESCO, the career development of staff is not in the traditional sense to the post of promotion. Through the introduction of constructive human resource management mechanism, and constantly challenging the work of the employees; job enrichment; work rotation; human resources planning. (C) focus on corporate culture and team building TESCO staff of the enterprise culture as the companys valuable asset. Enterprises should cooperate in good faith with the staff to create the companys value, and create staff development opportunities in the enterprise, efforts to train staff of the enterprise sense of belonging, the personal development linked with the fate of the company.

Employee/Employer Rights Essay -- Business and Management Studies

Employee/Employer Rights I am writing this coursework to explain the rights and responsibilities of employers and employees at Richer Sounds. I will also explain the procedures to deal with disputes and with health and safety issues that occur in Richer Sounds. First of all I will describe the main laws, which protect employees within businesses. All businesses/organisations must display details of the Health and Safety at Work Act in a prominent place. A legal requirement at work is to have a safe environment and both employees and employers have to abide by the Health and Safety at Work Act and various regulations that have followed this act. The responsibility of safety is that of each line manager and, finally, the chief executive or head of the organisation. The Human Resources Department also have a part in Health and Safety as they provide information and support to managers on Health and Safety issues. Usually in large organisations they have a health and safety officer who has overall responsibilities for health and safety policies and training. Within other organisations there may be a safety committee, which is made up of representatives from managers to employees. The responsibility of this group is to make sure that all legal requirements are being met. Many businesses also have safety representatives who attend meetings of the safety committee. The representatives are selected by recognised trade unions and elected by union members, n...

Gods Gift To Calculators: The Taylor Series :: essays research papers

Gods Gift to Calculators: The Taylor Series It is incredible how far calculators have come since my parents were in college, which was when the square root key came out. Calculators since then have evolved into machines that can take natural logarithms, sines, cosines, arcsines, and so on. The funny thing is that calculators have not gotten any "smarter" since then. In fact, calculators are still basically limited to the four basic operations: addition, subtraction, multiplication, and division! So what is it that allows calculators to evaluate logs, trigonometric functions, and exponents? This ability is due in large part to the Taylor series, which has allowed mathematicians (and calculators) to approximate functions,such as those given above, with polynomials. These polynomials, called Taylor Polynomials, are easy for a calculator manipulate because the calculator uses only the four basic arithmetic operators. So how do mathematicians take a function and turn it into a polynomial function? Lets find out. First, lets assume that we have a function in the form y= f(x) that looks like the graph below. We'll start out trying to approximate function values near x=0. To do this we start out using the lowest order polynomial, f0(x)=a0, that passes through the y-intercept of the graph (0,f(0)). So f(0)=ao. Next, we see that the graph of f1(x)= a0 + a1x will also pass through x= 0, and will have the same slope as f(x) if we let a0=f1(0). Now, if we want to get a better polynomial approximation for this function, which we do of course, we must make a few generalizations. First, we let the polynomial fn(x)= a0 + a1x + a2x2 + ... + anxn approximate f(x) near x=0, and let this functions first n derivatives match the the derivatives of f(x) at x=0. So if we want to make the derivatives of fn(x) equal to f(x) at x=0, we have to chose the coefficients a0 through an properly. How do we do this? We'll write down the polynomial and its derivatives as follows. fn(x)= a0 + a1x + a2x2 + a3x3 + ... + anxn f1n(x)= a1 + 2a2x + 3a3x2 +... + nanxn-1 f2n(x)= 2a2 + 6a3x +... +n(n-1)anxn-2 . . f(n)n(x)= (n!)an Next we will substitute 0 in for x above so that a0=f(0) a2=f2(0)/2! an=f(n)(0)/n! Now we have an equation whose first n derivatives match those of f(x) at x=0. fn(x)= f(0) + f1(0)x + f2(0)x2/2! + ... + f(n)(0)xn/ n! This equation is called the nth degree Taylor polynomial at x=0. Furthermore, we can generalize this equation for x=a instead of just

Eulogy for Father :: Eulogies Eulogy

Eulogy for Father This is the last of three formal memorials for my father. The first was in the surroundings of his last years, at his country church in Virginia, among his family and neighbors. The second was in the surroundings of his first years, among the boxwoods in Murfreesboro, in the presence of a large number of his buried ancestors and a smaller number of his living descendants. Today we gather to remember the middle years of his life, the years at Harvard which he considered his greatest, and which many now consider Harvard's greatest. You, his students and friends from those years, know he was a man of many talents. He was a scholar; a statesman who could see things clearly to which others were blind; a man of deep religious sensitivity; a man of the soil. He was a fighter, a boxer in his college days, a battery commander in World War I, a man who fought and bred gamecocks all his life, and, above all, a man in the thick of controversy at home and war abroad for more than fifty years of public life. Yet he was also a man who cherished honorable peace and loved to commend to his students the stern but pacific words of Lincoln's Second Inaugural: â€Å"With malice toward none, with charity for all, with firmness in the right as God gives us to see the right, let us strive on...to achieve a just and lasting peace among ourselves and with all nations.† He was a devoted family man, not just for us, his blood family, but also for the larger family of his students, co-workers, and friends. He expected great things of us, as we did of him. He was a genius with words, a writer, a poet, a powerful orator, a master storyteller, a man who in a single encounter could move people to their foundations. This moving power was deeper than words. He retained it to the end, after he had lost his command of words, and the vivid recollections of a long-ago speech or conversation so common among those who have met him are more apt to be of his power and presence than of the words he used. My own most recurrent memory of him is completely nonverbal. It is the look in his eyes years ago in Virginia when he had put me on a bus to the city.

The Future of Food

THE FUTURE OF FOOD You might think you know everything about the foods that you eat or place on the plates for your family, but you have no idea. The Future of Food is a documentary that reveals appalling or should I say shocking information regarding our crops that are grown in the U. S. today and how big corporations are taking over and altering the foods that we eat through science, all because of corporate greed.What’s even more terrifying is that majority of consumers have no clue that genetically modified foods are everywhere including the shelves at their local grocery stores. These big biotech agricultural companies are genetically modifying our foods with dangerous pesticides, viruses and foreign DNA, not knowing or really caring about what effects this will have towards the consumers and our ecosystems in the future. Well if you thought that was bad news let me just say that’s only the tip of the iceberg and also to let you guys know that what’s worse i s there is no laws in the U.S. that requires these companies to label the GMO foods. What these large companies do is go and patent every seed they can claim, not just in the U. S. but the entire world, basically stealing the creations of nature and claiming them to be their own, a process known as â€Å"biopiracy. † We all thought we were safe because that’s what the USDA, EPA and FDA are here for, to protect us and make sure that our foods that we ingest are safe, harmless and not contaminated.I’m sorry to say that the same people who run the USDA, EPA, and FDA are the same most powerful leaders of these big agricultural companies. This documentary was such an eye-opener to what is going on with our food supply industry. After watching this film I was so sickened on what our country has become. I mean to be apart of these big biotech agricultural companies, you must be really demonic, no heart and especially no conscience at all. How do these people at the top just keep doing what they’re doing treating the masses like lab rats?I love science and how its contributed so much to our world, but people who take advantage of it such as these large corporations have really taken it to the next level. These biotech agricultural companies are claiming to come to a rescue with a new breed of genetically modified crops that can produce more food for the world, but news flash last I heard was that there are still millions of people out there starving with no food availability.In the documentary they stated that the, â€Å"FDA continues to insist that the U. S. public has no right to know which foods are genetically modified because it might confuse them. † Wow, do I feel insulted as a fellow American. I mean is that what our society has become? Practically everyone in the world including Europeans and Canadians have actually banned any type of genetically modified exports from the U. S. but we are still on this GMO food ban wagon or w e’re just really naive people who have no clue what is going on with our world. As of today, I still can’t believe our own people at the top of our society would exploit their own fellow Americans, but thanks to this documentary for making me aware and educating me as a consumer about these GMO foods. I would definitely recommend this documentary to everyone and maybe the more people that become aware the faster we can ban these genetically modified crops in our food supply.

Altruists attract and origins of mating behavior Essay

In the experiment study altruists attract researchers concluded that people tend to corporate with the more attractive members of the opposite sex. Besides, as more one member of opposite sex is showing corporation, the more attractive it may seem to other member of the opposite sex. No doubt, altruistic behavior is beneficial in both genders which are in the long-term relationships because they share the same resources or care about their children. Research shows that people who are corporative are viewed by others as more attractive and kind and these are the values which people count for when are looking for mating partners. For example, males tend to give more money to women beggars than to the same sex beggars-males. Second article talked about origins of mating and how people choose partners when it comes to mating. Charles Darwin was the first who proposed the theory of sexual selection, emphasizing that mating behavior can be explained by evolutionary change; preferences for a mate and competition for a mate. Humans never choose mating partners just by coincidence; they tend to use strategies in order to find the most appropriate mate. Also, our ancestors used strategies for mating, they chose to mate with the opposite sex members who were reproductive in order to pass on genes to the next generations. For instance, females choose their mates who are economically independent, who will take care of them and their children, and who would devote their time to family. These both strategies can be both referred to our ancestors and our time scale. Author of this article compare women with weaverbirds which also prefer man with rich and fruitful â€Å"nests†. However, the most difficult decisions for humans in selecting a mate is to distinguish and indentify what kind of relationship are they looking for; short term or long term relationship. Even when it comes to animal mating, the stronger and larger ones are the more chances in finding an appropriate mate. Therefore, the weaker ones ten to fail in finding a mate and they become extinct. No doubt, keeping a mate is another important thing for the people who are seeking a long term relationship. Some people tend to be by nature more jealous than others. Therefore, sexual jealously can elicit either vigilance or cause violence between couples. Finally, it is not in human nature to date just with one person for an entire lifetime. Humans often brake up or split with other member of sex, due to the conflicts such as one may feel unsatisfy being in a particular relationship, cheating or other reasons. All over the world humans are failing for the divorce. It is not only seen in Western world. When people brake up or split they tend to enter again the mating market. But reentering again and starting everything from new can cause other problems. For example, women having children from previous relationship may have difficulty to finding a new mate. Besides, ages plays a big role in finding a mate.

Art Critique: Boys in a Pasture vs. Children Wrestling

While the basic nature of art is mimetic, these representations of reality functions to give an account of events and people that needs to be remembered. Art therefore partakes in accounting the history of mankind in relation to nature.Winslow Homer’s painting â€Å"Boys in a Pasture† and Paul Gauguin’s â€Å"Children Wrestling† are a case in point. Both paintings reflect a naturalist framework that depicted the innate and dedicated fondness of children on the natural environment, which at the same time reveals the ideal peace and harmony that both artists try to portray.   Their artistic approaches reflect Henry David Thoreau’s (1992) natural history which principally reflects the significance of the objectives and systems of science in humanity.SimilaritiesAside from the mode of painting which is oil painting in canvass, both painting have similar elements, children and nature.The Boys in a Pasture can be considered to portray Homer’s rem iniscence of his own childhood while at the same time conveying a positive outlook for a brighter future considering that it was painted after the American Civil war.   Homer’s principal source of inspiration for the painting was the American rural scene which depicted the serenity, peace and simplicity of life.In the same vein, Gauguin's painting contained the themes of peace and contentment however set in the ambiance of Brittany.   It also conveys a positive outlook by depicting children playing in nature. It must be noted that wrestling is contextualized as a regional tradition.â€Å"It was the practice for young Breton villagers to participate in wrestling matches after Sunday mass† (Dorra, p92)   Children and children playing are often used as representation of innocence, youthfulness and purity of thoughts vis a vis the corruption of mind that is attributed to maturity.   While Gauguin apparently uses this concept, Homer’s depiction of natural inn ocence was also reflected with his use of daisies which may have been derived from William Wordsworth's ritualistic exultation to youthfulness, â€Å"To the Daisy† of 1802.   (Scoggins, 1966)Finally, both Homer and Gauguin have their figures of persons with averted faces which are not particularly identifiable so that they can more effectively and generally represent a universal concept of children or youth.