Frederick Douglass: Portraying Slaveholders :: American America History

Frederick Douglass: Portraying Slaveholders Learning and knowledge make all the difference in the world, as Frederick Douglass proves by changing himself from another man's slave to a widely respected writer. A person is not necessarily what others label him; the self is completely independent, and through learning can move proverbial mountains. The main focus of this essay is on the lives of the American Slaves, and their treatment by their masters. The brutality brought upon the slaves by their holders was cruel, and almost sadistic. These examples will cite how the nature of Douglass's thoughts and the level of his understanding changed, and his method of proving the evilness of slavery went from visual descriptions of brutality to more philosophical arguments about its wrongness. Since Douglass was very much an educated man by the time he wrote the Narrative, it is as hard for him to describe his emotions and thoughts when he was completely devoid of knowledge as it is for a blind and deaf man to describe what he thought and felt before he learned to communicate with the outside world. Culture, society, and common beliefs are our bridge to communication with one another. Douglass, then, could never really explain all of what and how he felt about himself in his earlier slave days in such a way that those who read his autobiography would ever understand completely. Our first glimpse of Douglass is as a small boy, without a birthday, father, or any sort of identity. "I have no accurate knowledge of my age ... A want of information concerning my own was a source of unhappiness to me even during childhood." (p. 39) Forced to eat his meals of mush out of a trough, wearing nothing but a long, coarsely-woven shirt, and being kept in complete mental darkness, Douglass was completely dehumanized even before he experienced the horrible violence of the slaveholders towards their slaves. His proof of the evil of slavery, a main theme in the Narrative, is mostly through visual descriptions of the violence of the overseers towards the slaves. "The louder she screamed, the harder he [the overseer] whipped; and where the blood ran fastest, there he whipped longest ... and not until overcome by fatigue, would he cease ... I remember the first time I ever witnessed this horrible exhibition. I was ... a child, but I well remember it ... I wish I could commit to paper the feelings with which I beheld it. Frederick Douglass: Portraying Slaveholders :: American America History Frederick Douglass: Portraying Slaveholders Learning and knowledge make all the difference in the world, as Frederick Douglass proves by changing himself from another man's slave to a widely respected writer. A person is not necessarily what others label him; the self is completely independent, and through learning can move proverbial mountains. The main focus of this essay is on the lives of the American Slaves, and their treatment by their masters. The brutality brought upon the slaves by their holders was cruel, and almost sadistic. These examples will cite how the nature of Douglass's thoughts and the level of his understanding changed, and his method of proving the evilness of slavery went from visual descriptions of brutality to more philosophical arguments about its wrongness. Since Douglass was very much an educated man by the time he wrote the Narrative, it is as hard for him to describe his emotions and thoughts when he was completely devoid of knowledge as it is for a blind and deaf man to describe what he thought and felt before he learned to communicate with the outside world. Culture, society, and common beliefs are our bridge to communication with one another. Douglass, then, could never really explain all of what and how he felt about himself in his earlier slave days in such a way that those who read his autobiography would ever understand completely. Our first glimpse of Douglass is as a small boy, without a birthday, father, or any sort of identity. "I have no accurate knowledge of my age ... A want of information concerning my own was a source of unhappiness to me even during childhood." (p. 39) Forced to eat his meals of mush out of a trough, wearing nothing but a long, coarsely-woven shirt, and being kept in complete mental darkness, Douglass was completely dehumanized even before he experienced the horrible violence of the slaveholders towards their slaves. His proof of the evil of slavery, a main theme in the Narrative, is mostly through visual descriptions of the violence of the overseers towards the slaves. "The louder she screamed, the harder he [the overseer] whipped; and where the blood ran fastest, there he whipped longest ... and not until overcome by fatigue, would he cease ... I remember the first time I ever witnessed this horrible exhibition. I was ... a child, but I well remember it ... I wish I could commit to paper the feelings with which I beheld it.

Gender and Development Essay -- Gender Roles, Same Sex

Gender-role development is one of the most important areas of human development. The moment a women finds out she is pregnant she is often anxious to find out the sex of her child. The definitions of the terms "sex" and "gender" need to be understood. The term "sex" denotes the actual physical makeup of individuals that define them as male or female. Sex is determined by genetic makeup, internal reproductive organs, the organization of the brain, and external genitalia. The behavior of individuals as males or females, the types of roles they assume, and their personality characteristics, may be just as important as a person's biological framework. In order to differentiate between biological features one may take into consideration behaviors and social roles to establish "gender." Sex and gender are often intertwined, and certain social expectations can be attributed to ones biological sex. The sex of a newborn sets the agenda for a whole array of developmental experiences that will influence the person throughout his or her life. Overall, the sex differences between boys and girls in the first year of life are minimal. Boys may be a bit more active or fussier and girls more physically mature and less prone to physical problems, but that may be the extent of the significant differences. Mothers have a tendency to ignore more of their son's emotional outbursts in comparison to their daughters' outbursts. Boys may be rough-housed or played with in a more aggressive manor as well. This goes in line with stereotyping males as more hardy or tough and girls as gentle and soft. A parent can influence their child into these gender roles by the way they discipline. They may be harder on a boy than a girl for the exact same behavior. ... ...in the acquisition of gender difference in behavior and attitudes play a role in gender socialization (Lau, 1996). Gender role socialization according to a study done cross-culturally found that it could be narrowly defined by the type of sex-typed behaviors such as play activities and toys. In summary, gender identity is a learned behavior that starts at a very young age and can hinder or enhance a child's development. Gender plays a role in how a person defines themselves and grows as a person depending on their safety and security in being male or female and what that means to them and what they are taught at a young age. Bottom line is that men and women are different, and as a society and as parents being a boy or girl does not meet we have to fit into a certain box, as people are unique in of themselves, and that is what we can enhance and nurture to develop. Gender and Development Essay -- Gender Roles, Same Sex Gender-role development is one of the most important areas of human development. The moment a women finds out she is pregnant she is often anxious to find out the sex of her child. The definitions of the terms "sex" and "gender" need to be understood. The term "sex" denotes the actual physical makeup of individuals that define them as male or female. Sex is determined by genetic makeup, internal reproductive organs, the organization of the brain, and external genitalia. The behavior of individuals as males or females, the types of roles they assume, and their personality characteristics, may be just as important as a person's biological framework. In order to differentiate between biological features one may take into consideration behaviors and social roles to establish "gender." Sex and gender are often intertwined, and certain social expectations can be attributed to ones biological sex. The sex of a newborn sets the agenda for a whole array of developmental experiences that will influence the person throughout his or her life. Overall, the sex differences between boys and girls in the first year of life are minimal. Boys may be a bit more active or fussier and girls more physically mature and less prone to physical problems, but that may be the extent of the significant differences. Mothers have a tendency to ignore more of their son's emotional outbursts in comparison to their daughters' outbursts. Boys may be rough-housed or played with in a more aggressive manor as well. This goes in line with stereotyping males as more hardy or tough and girls as gentle and soft. A parent can influence their child into these gender roles by the way they discipline. They may be harder on a boy than a girl for the exact same behavior. ... ...in the acquisition of gender difference in behavior and attitudes play a role in gender socialization (Lau, 1996). Gender role socialization according to a study done cross-culturally found that it could be narrowly defined by the type of sex-typed behaviors such as play activities and toys. In summary, gender identity is a learned behavior that starts at a very young age and can hinder or enhance a child's development. Gender plays a role in how a person defines themselves and grows as a person depending on their safety and security in being male or female and what that means to them and what they are taught at a young age. Bottom line is that men and women are different, and as a society and as parents being a boy or girl does not meet we have to fit into a certain box, as people are unique in of themselves, and that is what we can enhance and nurture to develop.

The Link Between Shamanism and Schizophrenia

We have no tradition of shamanism; modern day society is terrified of madness because the western mind is a house of cards, and the people who built that house of cards know that it is a house of cards. We have a great phobia about the mind and hesitate when first principles are questioned, Rarer than corpses are the untreated mad and this is because we cant come to terms with it. As Terence McKenna says in a lecture on this subject: â€Å"a shaman is someone who swims in the same motion as a schizophrenic but the shaman has thousands and thousands of years of sanctioned technique and tradition to draw upon†¦Ã¢â‚¬  in a tribe if a child shows ‘schizophrenic’ tendencies they are immediately drawn away from society (but not rejected) and put under the care and tutelage of master shamans who will teach the child how to heal and enlighten the masses, in western society if someone is classified as a schizophrenic they are drawn out of society and told not necessarily verbally that they don’t fit in and are not of equal worth to the rest of society, they are locked up in asylums, equal to prisoners and numbed with drugs, this treatment makes schizophrenia incurable, Terence McKenna says in the same lecture â€Å"If you’ve ever bin in a mad house then you know that it is an environment calculated to make you crazy and keep you crazy †¦Ã¢â‚¬  . Culture is everywhere, it tells people what to do, what to believe and who they are. Culture embeds notions deeply inside people to the point where they are unaware of their presence these preconceived cultural notions dictate human life Culture determines who is going to be at the top of society and who is going to be at the bottom of society. The building blocks that make up a culture in turn make up weather someone is a schizophrenic or a shaman, for instance the Yanomamo people who live in the Amazon rainforest are a shamanic community, and their cultural building blocks are vastly different to those of New York City and it is because of these cultural building blocks that there are shamans in the Yanomamo culture and no schizophrenics, just like there are schizophrenics in New York City (western culture) and no shamans. This is due to the different cultures attitudes towards god, humanity and the earth. If you took a newly born baby who had a genetic predisposition towards Schizophrenia and dropped him off in the Amazon Rainforest, he would surely become a shaman. If you took a newly born baby who is from a long line of shamans and dropped him off in New York City, he would surely become a schizophrenic. Take away their culture and schizophrenics and shamans practically are one in the same. So far through researching the topic I have found that there is a startling resemblance between schizophrenic and shamanic tendencies. Both shamans and schizophrenics experience hallucinations and become very introverted and withdraw from ordinary realities. From the moment a person becomes schizophrenic or shamanic they are in a constant psychedelic state and perceive the world in a completely different way to normal people. What is different between schizophrenics and shamans is how that psychedelic potential manifests and conditions itself. For a schizophrenic the conditioning takes place the moment he/she is born, the schizophrenic experiences and neutral stimulus, ordinary reality, this then elicits an unconditioned response, ordinary perception, but as the child grows up he/she is subjected to a new unconditioned stimulus, culture, when this new unconditioned stimulus is repetitively paired with the neutral stimulus, ordinary reality, Eventually the neutral stimulus, ordinary reality, becomes a conditioned stimulus and begins to elicit a conditioned response, non ordinary perception which in turn makes the schizophrenics perception psychedelic. In a sense, this psychedelic state of perception is permanent, for the schizophrenic is most likely always going to be a member of his original culture. Only through the external manipulation of the taking of antipsychotic drugs can the schizophrenic come out of the permanent psychedelic state that he/she is in. the shaman is conditioned in a similar way When a shaman is born, the Conditioning process takes place. A neutral stimulus, ordinary reality, elicits an unconditioned response, ordinary perception. Eventually, when the shaman begins his rigorous training, he takes a powerful psychedelic, an unconditioned stimulus. This unconditioned stimulus, a powerful psychedelic, elicits an unconditioned response, non-ordinary perception. Eventually, The neutral stimulus, ordinary reality, becomes a conditioned stimulus and begins to elicit a conditioned response, non-ordinary perception . Thus, the shaman’s perception is made psychedelic. This psychedelic state is permanent, for a powerful psychological agent, such as a psychedelic substance, changes you forever. Counter-conditioning a psychedelic experience is extremely difficult. It may happen, however. The sychedelic substance that the shaman takes reinforces his mind to perceive the Psychedelic and the culture that the schizophrenic grows up in reinforce his mind to perceive the psychedelic. If the shaman stopped taking his psychedelics, and if the schizophrenic started taking his anti-psychotics, then their state of mind would change, and this change is solely a somewhat controllable change. Therefore, the schizophrenic, like the shaman, takes a substance in order to transcend, and this substance is culture, a psychedelic. The shaman’s act of taking a psychedelic and the schizophrenic’s act of taking a psychedelic is a somewhat controllable act. Shamans and schizophrenics both experience religion . Although schizophrenia is not seen as a religion unlike shamanism, many schizophrenics when experiencing delusions and hallucinations said is was a spiritual and religious experience which can be both positive and negative, sometimes their religious beliefs and faith can strengthen and comfort them, other schizophrenics can be rejected and contradicted by their faith because the delusions and hallucinations they have may challenge their beliefs, when this occurs schizophrenia itself sort of turns itself into a religion different from mainstream ones. Schizophrenics interpret a certain stimulus, the archetype of religion, in ways that don’t correspond with the accepted norm of their culture or rather the accepted religions of their culture. Shamans also interpret the archetype of religion but in ways that are accepted by their culture and religion. Shamans are accepted by their society where as schizophrenics are not.

Although Teenagers Should Not Have a Job While They Are Still Student Essay

Although Teenagers Should Not Have a Job While They Are Still Student. Although many people think teenagers should not have a job while they are still students, I believe that it’s a good idea. No parents hope their children get a job while they are still student, because when their children get a job or a part-time job, it will cause their school work. Even the society think it is a good experience for teenagers to learn about how to face to dirty face while they already worked in some stores, or get good experience of society, but I think it is not a good reason to convinced me. Moreover a person says â€Å"I think that if a student can handle a job, it is a great way to earn money and learn responsibility. If a student is both well-rounded and mature enough to handle a part-time job, he or she can benefit greatly. [http://www. topics-mag. com/readers/teen-workers-forum. htm] †, I can not accept this opinion with this person, because teenagers never know it is dangerous while they work in some place or they have to responsible their job. There are three parts that I want to show you. Some students want to earn money form part-job and go to buy a lot of famous products, because they do not have enough pocket money from their parents. So they want to find out some jobs or part-jobs while they are still students. But at first, I think kids have to learn how to save money, because they always get the pocket money from their parents, they never think about the money is difficult to earn and how to earn money in the society. Even their parent already teaches them, everyday ust keep some money in their ‘Piggy bank’ while they didn’t finish the pocket money. At second, kids must avoid unnecessary expenses in their life, for example: buy a lot of toy, buy a lot of comic book, or buy a lot of TV games. All of them are unnecessary things, and keep the money to buy something useful things or plan to go to somewhere to join the trip; it is all useful and helpful things while they still grow up in their school life. Some students need to help their parents earn money, because their parents can not get a job or they are inconvenient to do something. So their children were obliged to go to work to help meet the family expenses. But I think child should focus in their school work, because when they neglect their studies, they can not get the good job in the future, and also can not learn a lot of knowledge while they had work. Some people say ‘A student has to do lots of studies in today’s competitive world to prove them. He has to spend his most of time in school to get good grades. If the student gets involved himself in job in rest of the time, then it would cause an extra burden on them.

Macao Job Vacancy Issues in Hospitality Industry

Macao Job Vacancy Issues in Hospitality Industry Statistic Analysis Introduction This report analyses key factors which result in vacancy issue in Macao hospitality industry with supportive statistics and information basically from 2009 to 2011. Since 2009, the influx tourist flow keeps enlarging the tourism market. [18] In 2011 every Macao labour has received at least 80 tourists. (D1) The problem is that tourist growth rate (up to15. 1% in 2010 and down to 12. 2%) has far exceeded the number of labour growth rate (1. 5% in 2010, to 3. % in 2011) of Macao, and the difference keeps becoming larger during the last three years. (D5)So Macao labor market is obviously unable to feed the tourism industry employment gradually expanding need. [2] Job vacancy issues description In 2008 to 2010 periods, the total percentage of vacancy jobs has been growing with the total amount of job offered in hospitality industry from 7% to 8% in the total 50,271 offered jobs in 2010. According to the rese arch, the hospitality job vacancy problem mainly occurred on both management position (such as company leader and senior manager) and rank-and-file position.In the same period, management position vacancies drop from 3% in 2008 and ended up with 1% in all vacancy jobs). Rank-and-file position vacancies' occupation grew from 88. 2% in 2008 to 88. 5 %( 4,099 vacancies) in 2010 among all the job vacancies. Particularly, waiter/waitress, unskilled workers vacancies takes over 95% in the rank-and-file vacancies during the three years. Reasons for job vacancy issue analysis There are two reasons cause the management position vacancy. First, limited quality of labor market.Till 2011, there are 26% of the total Macao labors are holding a college or higher educational degree, this percentage would be 15. 8% if excluded imported workers apart. [3][4]Moreover, the language skills would bring the percentage even lower, as the most regular used language is Cantonese (83. 30%), and followed by Ma ndarin(5%), and English (2. 30%) respectively in 2011. Second, the lack of international exposure, makes Macao labors less competitive in the market, because of small amount of travels and business activities outside to western ountries. As for the rank-and-file job vacancy issue, mostly owes to: lower salary, lower status, and restricted labor importing policy. Low salary, especially for waiter/waitress, unskilled workers(around MOP6000), if compare with that(about MOP10,000) (D7)of rank-and-file positions in gaming industry which owns the similar job requirement; In Macau, there are common negative attitudes toward some rank-and-file jobs, because of social status concerns.Jobs like waiter/waitress, cleaning and house keeping, is always in need. Conclusion and Recommendations In conclusion, with the rapid development of tourism industry, issues like naturally lacking of human resource(267,200 local labours[10]), limited qualified manpower[14] and restricted labor importing policy, together will affect efficiency and effectiveness of the hospitality industry.In order to solve the job vacancy issues, government on the one hand, acts as a profound role in guaranteeing the benefit and priorities for local labors, in the short term; On the other hand government has being taken step improving the education system during the years, by subsidizing application for studying professional subjects and tertiary education, [13]in the long term.Recommendations for a company, such as arranging more practical training on management concepts and skills to develop local talents for senior positions; Language training to cater to international customers and management is also an alternative; Bring in certificate recognition system could be a good way to measure competence or set standard for employment, promotion and reward. Finally, it's also the individual responsibility to making full use of the resources offered by public and private organization, get to ready for the globa l competition. Reference: [1] 4 ? 2011 2] : http://news. china. com. cn/local/2012-03/29/content_25017774. htm [3] 1. 8? http://www. macaodaily. com/html/2012-04/24/content_692714. htm [4] 13/2010 http://bo. io. gov. mo/bo/i/2010/22/regadm13_cn. asp [5]2. 6 , , ,2011 [6] http://www. bizintelligenceonline. com/content/view/229/10/lang,/ [7] http://www. newmacau. org/cms/index. php? option=com_content&view=article&id=1290:2011-06-12-04-17-20&catid=9:2009-10-14-10-38-30&Itemid=23 [8] http://www. chengpou. om. mo/news/2011/12/9/19932. html [9] ,2009 http://www. al. gov. mo/diario/l03/cs1-4/2009-120%20%2801-05%29. pdf [10] , ,2011 [11] 14 15 http://www. gov. cn/jrzg/2007-09/12/content_746039. htm [12] – http://www. dsal. gov. mo/chinese/dfpcourse. htm [13]Government to create databank for securing young talent http://www. macaudailytimes. com. mo/macau/35383-Government-create-databank-for-securing-young-talent. html [14] http://www. macaodaily. com/html/2011-12/31/content_66071 5. htm [15] http://www. acaodaily. com/html/2011-12/20/content_657692. htm [16] http://www. macaodaily. com/html/2012-03/19/content_682512. htm [17]Macao workers happier, concerns lurking http://www. macaudailytimes. com. mo/macau/34953-Macau-workers-happier-concerns-lurking. html [18]Macau's GDP growth rate slows to 20. 7 pct in 2011 http://www. macaunews. com. mo/content/view/1667/53/lang,english/ [19] http://www. dsec. gov. mo/Statistic. aspx Diagram 1: 2008~2010 ( : ) | |2008? |2009? |2010? | | |2293. 3185 |2175. 214 |2496. 5411 | | |323. 4 |323. 9 |336. 3 | [pic] : ; Diagram 2: 2009~2010 ( : ) [pic] : -2010? 11 ; 2010~2011 ( : ) [pic] : -2011? 11 ; Diagram 3: 2009~2011 ( : ) |2009? | | |? 1? |? 2? |? 3? |? 4? | | |15176 |14250 |17272 |18222 | | 9216 |7027 |9331 |10325 | | |5960 |7223 |7941 |7897 | |2010? | | |? 1? |? 2? |? 3? |? 4? | | |14860 |29878 |44460 |45585 | | |8845 |12753 |14705 |13769 | | |6015 |17125 |29775 |31816 | |2011? | | |? 1? |? 2? |? 3? |? 4? | | 47404 |52525 |64091 |60961 | | |14199 |16912 |19554 |21278 | | |33205 |35613 |44537 |39683 | : ; Diagram 4: [pic] : ; Diagram 5: [pic] | |2009? |2010? |2011? | | |-1. 00% |1. 50% |3. 80% | | |-6. 20% |15. 10% |12. 20% | Diagram 6: 2008? ~2010 ( 😕 ) | |2008? 2009? |2010? | | |6617 |6490 |6470 | | |6468 |6340 |7850 | | |5619 |6080 |6100 | | |5633 |5820 |5830 | | |10045 |10580 |10730 | | |13974 |13360 |13710 | : ; Diagram 7: 2008? ~2010 pic] : ; Diagram 8: ( : ) [pic] : ; Diagram 9: | | (? ) | (? ) | (? ) | | |15. 7(5. 0%) |13. 9(4. 3%) |14. 8(4. 4%) | | |52. 3(16. 6%) |55. 8(17. 4%) |52. 5(15. 7%) | | |172. 6(54. 7%) |177. 6(55. 5%) |189. 8(56. 6%) | | |75. 2(23. 8%) |73. 0(22. 8%) |78. 3(23. %) | | |315. 8 |320. 2 |335. 4 | : ; Diagram 11: | | : | | : | : , | | : | : , , | | : | : | | : ? 4-5 3 , | | | : , ( ) | | | : | | | : | | : | : , | | : 18-45? | : , | | : | : , | | : | : , | | : ( ) | | | : , , | | : ;

Mrs. Meier

Citation: Zelma M. Mitchell v. Lovington Good Samaritan Center, 555 NM 2d, 696 (1976) Facts: Mrs. Mitchell was terminated from her position at Lovington good Samaritan Center because of an argument that broke out with the director of the center, Mr. Smith, and the Director of nursing, Mrs. Stroope. It is said by the company that Mrs. Mitchell was terminated for alleged misconduct. After the termination Mrs. Mitchell applied for unemployment compensation and was denied. She appealed the case and was then awarded the benefits. After being awarded the benefits the defendant in the case appealed the court’s decision to give Mrs. Mitchell the benefits and they reversed that decision and the benefits were taken from Mrs. Mitchell. She again appealed the decision of the courts. Ultimately with the definition of â€Å"misconduct† take Issues: The issue in the case is that there is a back and forth story in what misconduct is and what happen the day Mrs. Mitchell was terminated. The defendant’s case is a history of misconduct and the plaintiff is thinking only about the day she was terminated. Mr. Smith is saying that the incident where Mrs. Mitchell called himself and Mrs. Stroope â€Å"Birdbrains† was the last straw. Rule: In order to establish misconduct the defendant must prove the Mrs. Mitchell was â€Å"evincing such willful or complete disregard of the 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 intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer. Analysis: The courts found that with the definition of misconduct adopted into the system that Mrs. Mitchell’s acts were in fact constituted as misconduct. Starting with her insubordination, improper attire, name calling and other actions evinced blatant disregard to the way the center was ran and handled on a day to day basis. Conclusion: After the appeals of Mrs. Mitchell and Lovington Good Samari tan center, the decision of the commission to have Mrs. Mitchell’s benefits revoked was reinstated. Analogizing/Distinguishing- A similarity in the two cases is they are both applying for unemployment benefits and they were both fired for misconduct also they were both originally denied for benefits and they are both appealing the decision. The differences in the case are Mrs. Mitchell was terminated for not respecting the higher above and not doing her job when asked. Mrs. Attired was terminated for getting a visible tattoo when warned she should not do so. When asked to get the tattoo removed she chose not to and is now terminated from her position. Application to Client’s Facts- The facts in this case that could be applied to my case are that she did continuously pass the evaluations and was a good employee always had stuff to work on but never enough for the owner to terminate the client until â€Å"the last straw† which in this case is the tattoo and in my case was the disrespect in calling the operator a â€Å"bird brains†. Citation: Billie J. Rodman v. New Mexico Employment security department and Presbyterian Hospital, 764 NM 2d, 1316 (1988) Facts: The plaintiff Billie has been terminated from her job of 8 years for misconduct. She has been denied unemployment benefits because she was terminated for misconduct. She is appealing the decision from the district court to revoke benefits. It is said that over the years of her working at the Presbyterian Hospital she had received 3 corrective action notices. Prior to the termination, restrictions had been placed on Rodman’s conduct due to personal problems impacting her and the people she worked with. Rodman was reprimanded in June of 1986 for receiving to many personal telephone calls and personal visitors at her work station. They were disruptive to her work and the work of her co-workers. The formal reprimand informed Rodman that she was to no longer receive personal telephone calls and/or visitors during work hours. Unless it was at a designated break or dinner time, if she were to have visitors at break or dinner time they could not be visible to patients, co-workers, or the doctors in the hospital. After the reprimand extremely disruptive telephone calls and visits continued. Leading up to the day Rodman was terminated. Rodman was to make every effort to resolve the personal issues in her life so they would not affect her at work. Issues: At issue is whether the misconduct Mrs. Rodman is accused of warranted termination from employment at the hospital 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. Rule: In order to establish misconduct the defendant must prove that Billie Rodman was â€Å"evincing such willful or complete disregard of the 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 intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to her employer. After being reprimanded 3 times and the behavior continuing, the hospital had proof that the actions were documented and the plaintiff was warned they had no choice but to terminate said employee. Analysis: The court found with the evidence provided from the hospital that Mrs. Rodman was reprimanded and warned as the policy states. The hospital put up with the actions of Mrs. Rodman long enough, they had no choice but to terminate Mrs. Rodman After the disregard of the policy. The plaintiff continued with the behavior she was reprimanded for. Conclusion: Although the evidence in the case is amendable to more than one conclusion it is concluded that there was a substantial basis for the District Court to decide that the Plaintiff is not to receive unemployment benefits. Analogizing/Distinguishing- Citation: Its Burger Time Inc. v. New Mexico Department of Labor Employment security department board of review & Lucy Apodaca, 769 NM, 2d, 88 (1989) Facts: Lucy was terminated from her position at Its Burger time Inc. because of misconduct. Lucy came into work one day with purple tinted hair. She had previously asked her store manager John Pena how Mr. McGrath the owner of the cooperation would feel about it. Mr. Pena said he would ask he never asked and Lucy decided to dye her hair. Mr. McGrath sees the purple hair on Lucy and asked Mr. Pena to relay a message to her that she had a week to decide if she wanted her purple hair or her job. Lucy decided not to change her hair color and in doing so she was fired for misconduct. Mr. McGrath stated that it would affect the prosperity of his business. Lucy had no history of issues in the past year she had worked there and in the few days she was there with her purple hair there were no complaints from customers. A few times Lucy even received compliments on her hair color. Issues: The issue in this case is that the company terminated Lucy because of misconduct. According to the definition of misconduct Lucy choosing to keep her hair purple was not misconduct. The company gave Lucy an ultimatum and she chose to keep her hair purple. Rule: In order to establish misconduct the Plaintiff in this case must prove that Lucy was â€Å"evincing such willful or complete disregard of the 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 intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to her 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. † In this case Lucy did not commit misconduct in any way she made a choice to color her hair and the company could not prove with documentation of policies or past problems that Lucy was a burden to the company. Analysis: The courts found that Lucy was terminated from the company for misconduct, but the company could not prove that she had committed misconduct. She had never had any problems in the past, she asked permission, and decided that she would dye her hair when given the ultimatum she choose to keep her hair purple. That is not what misconduct when given the definition. Conclusion: The district court is reversed and the decision of the Commission is reinstated. Lucy is now able to receive her unemployment benefits.

CyberLaw & the use of cookies Essay Example | Topics and Well Written Essays - 2500 words

CyberLaw & the use of cookies - Essay Example Many of the e-commerce sites directly ask users for personal information such as name, date of birth, e-mail address, credit card details etc, through forms which the users need to fill up online. However, in addition to such information, many sites also record data about their users browsing habits. This data can be matched with personal and demographic information to create a profile of user preferences. This information collected by theses sites might be used to target advertising or offer customized services. Or, sites might engage in web lining, where different users are offered different prices based on their profiles (Lin, N.D). Unauthorized access to personal information on the Internet remains relatively easy in the absence of encryption technology. Encryption is the process of obscuring data to make it unreadable without special knowledge or technology. Encryption is the method used to protect communications for centuries. But only organizations and individuals with an extraordinary need for privacy had made use of the technology for example: Government establishment, Banks etc. Now a days encryption technology is used in protecting widely-used systems, such as Internet e-commerce, mobile telephone networks and bank ATM. Encryption can be used to ensure secrecy, but other techniques are still needed to make communications secure, particularly to verify the integrity and authenticity of a message (Wikipedia, 2006). Whether or not the exposure of privacy on the Internet is overstated, it is undisputed that there are security risks associated with its use. It is safer to assume, for the present, that the Internet is not yet a secure medium over which to communicate financial and personal information without having due consideration of the risks and legal issues involved. Apart from traditional privacy concerns like surveillance and unauthorized access to information, the