Tuesday, August 6, 2019

Erich Maria Remarque Essay Example for Free

Erich Maria Remarque Essay â€Å"If you tell the truth, you won’t have to remember anything† (Mark Twain). Throughout my life I have come to recognize many truths. Sometimes I would tell the truth and sometimes I would lie, but when I lied I didn’t always get away with it. Although I do lie about some things and get away with it, I still feel bad about doing it. Throughout my life, Algernon and Jack’s false identities, Father Hooper’s sacrifices, Dr. Heidegger’s experiments, Eldorado’s disappointing truth, and Paul’s journey, we are awaken with the truth. The theme of truth has been revolving around all our first quarter readings. In the poem Eldorado by Edgar Allan Poe, a knight is on a journey to find this joyful land, called Eldorado. The knight continues to search for Eldorado, but he knows he has failed. But he keeps searching, and even though, in his mind, he knows that Eldorado is a fictional place, in his heart he still believes it’s real. The knight in Eldorado recognizes a fairly disappointing truth, that Eldorado is a nonexistent place. â€Å"But he grew old-this knight so bold-and oer his heart a shadow fell as he found no spot of ground that looked like Eldorado† (Poe 305). This quote illustrates how the knight realizes there is no Eldorado. Another example of the recognition of truth is in All Quiet on the Western Front by Erich Maria Remarque, when Paul Baumer realizes the truth about war, and how it really destroys people, physically and mentally. â€Å"I am young, I am twenty years old; yet I know nothing of life but despair, death, fear, and fatuous superficiality cast over an abyss of sorrow. I see how peoples are set against one another, and in silence, unknowingly, foolishly, obediently, innocently slay one another† (Remarque 263). This quote signifies that Paul is very young and that all he knows is death, fear, and despair, and it is because of the war. The war had destroyed him and made Paul a different person. Throughout my life I have come to recognize many truths, but one major one is that nothing in this world is free, even if it doesn’t cost any money, because it still requires work. Nowadays everyone wants to buy the new technology being created, and it has been like this for many years. They also want to buy the clothing that is popular and very expensive. But, neither of the two are free, and they both cost money and both take time to get. I realized this when I was about 8 years old. I would still ask for a lot of things, even though I knew whatever I was asking cost a lot of money, and it was just because everyone else had it. However, when you grow older, you come to recognize that nothing is free and that you have to work for everything. Another important truth that I have come to recognize is that revenge is insignificant and for the irresponsible. When someone does something to you that is cruel or hurtful, you are going to want to get revenge on them, and that’s just how every human being is. I learned that revenge was unimportant a few years ago. My brother told on me for something I did, and I got in a lot of trouble. I was grounded for one week, and that made me furious. So I decided to get revenge on my brother. In the end, when I tried to get revenge, I ended up in more trouble and was grounded for even longer. This has happened to me many times, and I have come to realize that revenge is insignificant, it just makes everything worse. A third, and final, significant truth that I have come to recognize is that everyone will die someday. No matter how old or how young you are, you won’t be alive forever, which is just how life is. So everyone must live their life to the fullest and go out and do things. Don’t kill time, because killing time is priceless, and will never grow back, so why do it. Many people have lists of what they wish to do throughout their lifetime, which is amazing, because these people to realize the fact that they won’t be here one day. I have recognized this truth and am taking it as an advantage, and so should everyone else. Everything is revolved around the truth, whether it’s in your life or in a book you read. However, not many people recognize these truths in life. Once they do, they will be taught remarkable life lessons that will help them out in life. Throughout our lives, I, as well as the characters in the books we have read, have come to recognize many truths about life, which have helped us come to discover many things. Many people should need to start recognizing the truths in their lives, as I did, and it will benefit them in the long run. Works Cited BrainyQuote. Xplore, n. d. Web. 09 Oct. 2013. Holt Elements of Literature. Fifth Course. Essentials of American Literature. Orlando, FL. : Holt, Rinehart and Winston, 2007. Print. Remarque, Erich Maria, and A. W. Wheen. All Quiet on the Western Front;. Boston: Little, Brown, and, 1929. Print.

Monday, August 5, 2019

The Arguments For Compulsory Voting Politics Essay

The Arguments For Compulsory Voting Politics Essay Using the definition of democracy as tied to the concepts of liberty, equality, legitimacy, and active citizenship, this paper analyzes whether or not compulsory voting is consistent with the fundamental principles of democracy. The argument for liberty would suggest that compulsory voting is principally undemocratic because the freedom of choice must necessarily include the freedom not to choose (Lever 2009, 3). Because democracy highly values individual freedom, as de Tocqueville suggests, the act of forcing individuals to vote with corresponding sanction for non-compliance is clearly a violation of liberty. While the libertarian argument does not discount the benefits of compulsory voting per se, such as higher turnout rates (Lijphart, 1997, 10), these perceived advantages cannot justify government encroachment on individual liberties. A government that values democracy values individual freedom and cannot compel its citizens to vote when it is not in the latters best interest to do so. The concept of voluntariness and the emphasis on individual freedom is a staple of American democracy (de Tocqueville 2003). Because voting is a political right, it must be left to the individual to choose to exercise or n ot to exercise. It eventually boils down to providing that option for the individual to voluntarily choose, free from government interference. From the standpoint of civil liberties, the right not to vote is a form of speech that is protected under the First Amendment (Matsler 2003, 960). This has an accompanying right not to speak as well. Remaining silent when doing so is for your best interest is a statement by itself. Likewise, the choice not to vote is a form of political statement that is enshrined under the First Amendment and needs protection. Forcing an individual to vote would be likened to the state violating that individuals right to the First Amendment. Because the government is compelling the individual to be subject to an array of choices they face at the polling station, the government may be silencing the more informative political statement they intend to make by staying away from the polls and choosing not to participate (Evler 2009, 32). Compulsory voting then, not only violates a major civil liberty (the right to free speech and freedom of expression), the state also endangers its own representativeness because it fails to respect the rights of electors to choose not to participate. From the philosophical standpoint, the issue of whether or not voting should be compelled among individuals is contrary to the aims of liberty, which according to Mill (1999, 34) prioritizes self-interest first, and self-government, second. Political participation goes hand in hand with these principles. The first relates to the power of the individual in a democratic society to unseat bad leaders. The second relates to the power of the individual to use his or her capacities toward collective responsibilities and upholding the public good. These interests all point to the citizen as having a moral duty to go out and participate in the electoral exercise. Nonetheless, moral and ethical considerations also necessitate the view that respecting the decision to abstain from electoral exercise is in keeping with democratic rights. Drawing from Mill, individuals in a democratic society have the right to protect themselves from all things that demean, neglect, and intrude upon them. Because people cannot completely look after themselves, liberty entails the freedom of individuals to pursue self-protection in a democracy. They are also entitled to choose the extent of their political participation in forming, joining and leaving political parties, expressing their opinions on political issues, voicing out their sentiments against policies that are detrimental to their interest, and refusing to disclose their political identities or political beliefs. Democratic rights are founded upon the respect for peoples capacity to make reasoned judgment. This goes against forcing people to exercise their rights or maximize their opportunities and liberties as citizens. We cannot generalize that people who do not exercise the right to vote are as the accusation goes, lazy, apathetic, or disinterested; rather informed judgmen ts of people would make them conclude that voting will not lead to the pursuit of their self-interests. Intelligent people can argue that by not voting, they are pursuing their own self-interest by making a statement that none of the candidates deserve to be in elective position. Because persons are rational and work toward their individual self-interest, compulsory voting cannot be justified because if voting is in their self-interest, there would be no need to force them to go out and vote. They would decide that voting would be good for them and they would cast their ballot of their own volition. Compulsory voting does not necessarily uphold fairness or equality. The case for compulsory voting is also argued on the issue of fairness and equality. Like Platos disdain for apathetic citizens, proponents of compulsory voting stress that because all benefit from being citizens of a democratic society, every citizen has an obligation to participate in the electoral process. By equality, is meant that no one should become a free rider in a democracy free riders meaning those that benefit off society without participating in elections. Supporters of compulsory voting suggest that it is a moral and political duty to vote and that in the interest of fairness, all should vote because all experience the consequences of electoral outcomes. Other strong arguments for compulsory voting include the fact, that voting on election day is much easier than other positive obligations of citizens such as paying taxes, doing jury duty, or performing military service. However, this argument must paint two groups. On the one hand, there are voters who are selflessly giving their time and effort to cast their ballot and contribute to the public good while on the other hand, there are non-voters who are selfishly abandoning their political duties but directly benefit from societys benefits as the first group that cast their ballots. The point that Mill makes is that in a democracy, everyone, whether consciously or unconsciously, is acting in what they judge to be their own self-interest. Voters go out and vote because it is in their self-interest to vote for their preferred candidates and see them in office. Non-voters cannot be generalized to be selfish; it can only be fairly assumed that abstaining from the electoral process is judged by them to be in their best interest. Democratic principles value the individuals rational judgment and capacity to make choices; hence, forcing a person to contradict his or her own rational choice is undemocratic. The problem with asserting that it is unfair that citizens vote while others do not is that dilutes the dynamism in a democracy. Compulsory voting also does not guarantee equality in terms of encouraging equal participation from various gender or educational groups. While this is asserted by proponents of compulsory voting, there is no empirical evidence to back this up. Studies however suggest that while compulsory voting has been observed to stimulate high voter turnout in some countries, it has not been observed to promote equal participation in those countries. A study (Quintelier, Hooghe, and Marien 2008) indicates that specific categories of potential voters refrain from voting, leading to the electoral dominance of more privileged groups within the population. The authors studied 36 countries that participated in the 2004 International Social Survey Programme. They found that while compulsory voting is associated with higher turnout rates, it has not led to a significant growth in electoral participation among gender or educational groups. 3. Compulsory voting cannot guarantee political legitimacy. Perhaps the strongest argument for implementing compulsory voting in countries is that higher voter turnouts strengthen the political legitimacy of a government. Non-voting is seen to override legitimacy and make electoral outcomes vulnerable to coups or resistance. When you probe deeper into this argument, non-voting can be construed not as apathy but as contentment with all the running candidates so that whoever wins the electoral contest, is worthy of the non-voters support. When citizens do not vote, this does not necessarily mean that they view any political outcome as illegitimate. Still, supporters of compulsory voting are weary of low voter turnout because it undermines representativeness and political legitimacy. Lijphart said that A political system with the universal right to vote but with only a tiny fraction of citizens exercising this right should be regarded as a democracy in merely a hollow sense of the term (1997, 11).   Proper democratic representation is strongly associated with the notion of free elections. By proper is usually meant that the outcome of the electoral contest was based on the sentiments of a majority of the population. Those that support this argument automatically assume that just because the elections were participated by majority of the population, that governments can assume perpetual legitimacy. This is a misled notion. Legitimacy is conferred not only through elections, but by the subsequent acts, policies, and decisions made by the governments leaders that pursue the general welfare of its population. Essentially, the vote s cast in an election are only a first step toward a governments claim to legitimacy. The more substantial claim is to be derived from the manner in which it leads and represents the collective interests of its citizens. If legitimacy means that government was voted by a majority, then not all legitimate governments are democratic and not all democracies are legitimate. There are governments considered to be legitimate but have passed undemocratic policies, engaged in rampant corruption, or were simply incompetent. Democratic politics is not simply a numbers game. The more substantive view of democratic politics is that it is competitive and cooperative at the same time. Judging political legitimacy based on voter turnout makes a poor analogy. Moreover, on the claims of representativeness, data show that compulsory voting is not a policy to be universalized. Figures from IDEA Show that while there are some countries that have shown impressive turnouts as a result of compulsory voting, the overall picture of voter turnout debunks the claim that countries enforcing compulsion have the highest voter turnouts. Since 1945, besides Italy, only 4 countries with compulsory voting made it to the top 50 countries arranged in terms of voter turnout: Belgium (84.9 per cent), Netherlands (84.8), Australia (84.4) and Greece (80.3). Forty five out of the 50 countries demonstrating a high voter turnout used voluntary voting. Other countries with compulsory voting have the lowest voter turnout in the world such as Egypt which only has a 24.6 percent voter turnout, the second lowest in the world (IDEA 2010). Compulsory voting cannot be equated to active citizenship. Equating a high voter turnout to active citizenship is too simplistic. The Australian experience indicated that while voter turnout was high, the incidence of invalid ballots also increased (Australian Electoral Commission 2006, 4). The phenomenon of donkey voting is a natural consequences of compelling citizens to vote against their own volition. Compulsory voting formalizes the participation of underinformed or uninformed voters who participate in a politically significant process. Opponents of compulsory voting suggest that having uninformed voters cast their ballots is worse than having informed citizens abstain from the vote. The more substantive definition of citizenship is how much informed citizens are about their society and the ways they contribute into the democratic process. Their contribution should not be measured exclusively on voting alone. For instance, in the U.S., where voter turnout is relatively lower than in Australia, the strength of public opinion in the U.S. is higher and laws have been modified, passed, or rejected in deference to public opinion (Mastrel 2003, 960). It could be safe to say that political outcomes are worse if the citizenry is uninformed than if the citizenry does not wish to vote (Evler, 2009, 32). Conclusion There is no question that the electoral process is an important part of democratic society. There is also no question that voting is a moral duty of every citizen in a democracy. The question is whether or not a person can be compelled to vote against his own judgment in the interest of democracy. The discussion revealed the many advantages of compulsory voting as experienced in countries like Australia, Belgium, and Italy and how this has contributed to higher voter turnouts. Nonetheless, the reading of democracy must not be reduced to the level of electoral participation alone. Voting, however important it may be is only one form of political participation, and as experience shows, not a very conclusive one. Elected governments have been toppled down, leaders have been removed, or refused reelection despite claims to legitimacy because of democratic elections. Electoral participation is valuable because it enables citizens to choose from among candidates who are considered the best to lead the country. Democratic societies respect individual freedom, including the freedom not to vote. Voting is a rational choice that a citizen decides to exercise when it is in his or her best interest to do so. Compelling him or her to exercise such is undemocratic. The higher turnout rates in countries with compulsory voting may not be necessarily good. Experience has shown that countries with compulsory voting also have high invalid or protest votes. Democracy cannot be enhanced when citizens go out and vote just because they have to and in order to avoid sanctions. Only when citizens freely decide to participate in the electoral process can their votes be authentic and truly reflective of their preference. Democratic government is a complex system that values not only electoral participation but providing avenues for people to express their choice, equality, freedom, and reasoned judgment.

Sunday, August 4, 2019

Essay --

In 1877, Elias moved to California, when he met his wife flora, in 1890 they moved to Chicago, they had 5 children, Herbert Arthur, Raymond Arnold, Roy Oliver, Walter "Walt" Elias Disney, and Ruth Flora Disney. Walt was born in Chicago in 1901, 4 years later his parents moved to Marceline, which was the most important phase in his life, it was his hometown, and they lived on a farm. Walt had special feelings towards animals. The first time I heard Walt Disney’s story, was in this class, and it was told in a creative way by my professor. At the beginning of each class, our instructor played us a minute or two of Walt Disney’s songs, which brought back happy and comforting memories of my childhood. Walt lived in Marceline, a perfect small town. He attended the town’s school where he showed interest in things that other kids didn’t. As soon as he learned how to use a pencil, he fell in love with drawing. He also liked acting; the first role he played was Peter Pan, who then became an inspiration to him. When Walt was ten years old, the family moved to Kansas City, Missouri. His father Elias had sold his farm for 5175$ and bought a distributorship for the morning Times and the Star newspaper. Walt and his brother then started working for their father. They used to wake up early in the morning and deliver papers before going to school. In 1917, Elias moved his family back to Chicago. Walt went to high school there and became the cartoonist for the school’s paper. During his lecture, our instructor showed us a small part of Walt’s documentary movie, how he used to make cartoons come to life, as well as techniques he had used. Walt wanted to go to Europe and join the army, but his father was against his idea and was refusing to si... ...come source, he met with the head of Universal picture; this man gave him an idea about re-releasing his old films, like Snow White, it was re-released almost 10 times. Walt Disney was a true inspiration to children as well as adults, he made dreams come true, and every single one of his films was a success. He built an empire following his dreams, and achieved his main goal, which was entertaining people all over the world. Walt Disney was one of the most successful men in our era. He built an Empire following his dream; entertaining people. His achievements made him an inspiration for children as well as adults to never give up on their dreams. Unfortunately his addiction to nicotine, lead to a tumor in his lungs that took over his life on December 15th 1966 when he was only 65 years old. Although he’s passed away one can’t deny that he’s still a living legacy.

Animal Abuse Essay examples -- essays research papers

Animal Abuse Animals are sometimes treated as friends but are also treated as enemies. We keep them as pets, but if it suits us, we slaughter them in their own habitats and in slaughterhouses. If we could kill them in a quick and pain-free way, like a special injection, which is not harmful to us, it would be a lot nicer to the animals being killed. However, the scenes in slaughterhouses are ones of bullying and torture. The people hurt the animals in the most horrific ways possible, for example, slitting their throats while they are still alive and dropping them from great heights to break their legs and necks and other bones. These are just two of the many ways of slaughter that are used today. Meat is needed for a good healthy diet. We should not hunt animals for sport ...

Saturday, August 3, 2019

student :: essays research papers fc

I believe managed care plans do not provide coverage for the necessary duration of hospital stays. Most managed care plans, particularly HMOs, are run by for-profit companies. These for-profits are constantly looking for ways to cut costs and increase their market share. Managed care plans limit choice of physicians and health care facilities and tightly control both the utilization of services and the amount charged for these services. In many plans, a set fee per person/per month is negotiated between health care purchasers and providers. This rate is the same no matter how much or how little care a person receives. This can encourage incomplete advice and inadequate treatment, as in the case of the duration of a hospital stay. Most hospital procedures and surgeries, both outpatient and inpatient, require prior approval. Most plans may require that certain procedures and surgeries be done on an outpatient basis in order to be paid for by the plan. Basically, managed care plans cut s the duration of a hospital stay form the usual post-procedure stay period by discharging them home early. For inpatient hospital care, managed care plans often require prior approval to limit the number of days they will pay for your child to stay in the hospital. Coverage for longer stays requires approval by the managed care plan. (Your Managed Care) If longer stay or duration is needed in a hospital, you will be needed to require lengthy appeals and numerous referrals. Without such approval, you may be responsible for part or all of the hospital and physician charges, thus effectively limiting the length of hospital stay. Not only are patients being pressured/forced into limiting their duration of stay in a hospital, but lately physicians are also facing pressure from managed care plans to lower costs of treatments to gain a bigger profit margin. For example until 1996, doctors were allowing a new mother to stay for as little in a hospital post pregnancy as dictated by managed care plans, until a federal mandate put a minimum and gave new mothers at least 48 hours in the hospital. (Wehrwein 1997) Managed care organizations are offering incentives to doctor changes normal procedures and length of stays to limit expense. Procedures that are simpler or require less time, work are done, over more modern better suited for patient procedures. Managed care organizations are primarily worried about controlling costs, and they see that having doctors perform procedures and treatments that require the least amount of hospital stay as more efficient.

Friday, August 2, 2019

Peacekeeper, Shepherd, Saviour Essay

Paul Rusesabagina is credited with housing and protecting twelve-hundred, sixty-eight refugees (both Hutu and Tutsi) during the Rwandan genocide, but he did not begin as an ordinary man. He was merely a hotel manager who saw something going terribly wrong and decided to do everything in his power to protect anyone he could. We know that all those refugees were saved solely by Paul Rusesabagina during the peak of the massacre in Rwanda, but how many lives did he save indirectly by his actions? Was the conflict in Rwanda (and the peace that followed) directly affected by the actions that Paul Rusesabagina took to ensure the safety of his family, friends, and the people in general? What role did Paul Rusesabagina play in the conflict and subsequent settlement of the Hutu/Tutsi conflict in Rwanda? I believe that he played three very separate and yet equally important roles: that if the peacekeeper, the shepherd, and the saviour. Paul Rusesabagina has titled his autobiography â€Å"An Ordinary Man,† but he was truly anything but. He was born to a Hutu father and a Tutsi mother on July 15, 1954, and was a middle child in the midst of eight other children. Not only was he a well-educated boy, but he also was fluently bilingual in English and French by the age of 13. He adopted the role of a protector early in life when his family sheltered refugees during the initial stages of the conflict in the late 1950s and 1960s. He originally married a woman named Esther whom he fathered three children, and he aspired to become a minister of the Seventh Day Adventist church, but his seminary plans fell through in favour of entering the hospitality business and his marriage shortly followed. Six years after Paul’s divorce from Esther, he met Tatiana and although she was Tutsi he was no stranger to mixed-race marriage having been raised in one himself. In 1992 Paul Rusesabagina was given the title of assistant general manager at the Diplomats Hotel owned by the Belgian Sabena conglomerate (Rusesabagina). In order to understand what role Paul Rusesabagina truly plays in the Rwandan conflict, we first need to get a better understanding of the conflict itself. Rwanda was acquired by the Belgium after World War I and due mainly to the already skewed balance of power and other aesthetic considerations (Tutsi people had lighter skin, slimmer noses, and generally more Caucasian features which were desirable by the Belgians) the Tutsis were able to maintain the upper hand in the balance of power. The Tutsi ruled while the Hutu were considered the peasant or working-class. In 1959 the Hutu revolution overthrew the Tutsi rule and in the early 1960s the Tutsi fled Rwanda for outlying areas. Many Tutsi fled to Uganda where in 1985 the Rwandan Patriotic Front (a Tutsi rights movement) was formed. All throughout the 80s and 90s, massacres continued with little press in the western world due mostly to the false opinion that the Tutsi/Hutu conflict was essentially a â€Å"cold† war with few or no casualties. In 1993 the Arusha Accords were signed between the RPF and the Rwandan authorities, bringing a promise of peace between the few tribes as UNAMIR (United Nations Assistance Mission for Rwanda) was formed. However, shortly after came the assassination of Melchior Ndadaye, the first Hutu president elected in Burundi, which led the Hutus to believe that the Tutsis were trying to regain control of the region. The Hutus lashed out with more violence against the Tutsis. Rwandan Hutu President Juvenal Habyarimana’s plane was shot down in retaliation on April 6, 1994 with several other Hutu government officials on board. Several other government figures were systematically assassinated that day marking the official beginning of this era’s Rwandan genocide. (Fujii) So where did Paul Rusesabagina, his family, and his hotel fit in to all this senseless violence? When the body count began to rise, Paul hid his family and neighbors inside the Hotel des Mille Collines and disguised them as quests and staff. He began his journey from ordinary to extraordinary as a shepherd; leading his flock to safety (the Tutsi/Hutu refugees staying in the hotel) and protecting them from the wolves that were waiting outside with rifles and machetes. Every civil rights movement is started by a â€Å"shepherd. † Moses parted the sea for the Jews when his people were being oppressed, Martin Luther King Jr. led the African-Americans to freedom from racial discrimination. Millicent Fawcett marched women everywhere towards the right vote. Paul Rusesabagina makes a phone call to Sabena and secures a letter appointing him acting general manager of Hotel des Mille Collines making it possible for him to use his position to shelter more refugees, and also to use the hotel’s local resources to bribe Rwandan soldiers with money and alcohol in exchange for the lives of the refugees. Paul Rusesabagina guided all the refugees he could into the hotel so they could feel hope and find strength in each other. But guiding the flock to safety was a challenge. At several junctures during the movie where he (being Hutu himself) must face the choice whether or not speak out against an injustice, or to carefully go along with the wishes of his oppressors for the greater, later good of his cause. At this point he is starting to take on the role of a peacekeeper. The blue berets sent by the UN to war-torn parts of the world are unfortunately ineffective at subduing many civil conflicts because of the nature of politics. When the United Nations’ peacekeepers failed, Rusesabagina took matters into his own hands and not only bargained for the lives of his people, but inspired in his people a will to live. He encourages his guests to phone anyone they know â€Å"of influence† that they can tell of the horrors they are enduring†¦that those horrors are real, and that no one is intervening. He asks his people to send out the word that becomes their SOS signal and starts to allow for the return of the peacekeeping forces and the (unfortunately slow) evacuation of refugees from the affected area. Ronald Reagan is quoted as saying, â€Å"peace is not the absence of conflict, it is the ability to handle conflict by peaceful means† and this ability to handle conflict without majour aggravation or injury is exactly the skill that Rusesabagina possesses and utilizes well throughout the entire movie. Without his ability to diffuse stressful situations, the death toll of the Rwanda genocides would more than certainly be higher. In several points during Hotel Rwanda, Paul Rusesabagina takes on the role of the Saviour, by not only housing the Hutu/Tutsi refugees, but also by inspiring them to fight for their lives by any peaceful means necessary. He puts himself aside, overwhelmed by emotion and empathy, to save several other people from death. Paul Rusesabagina spared the lives of nearly thirteen-hundred people from the reality of an unspeakable massacre that no one would pay attention to. He consistently puts his peers before himself and sees them as just that: people. Scared people who need someone to help them, to show them courage, and motivate them towards hope for a better tomorrow. Paul Rusesabagina did not draw a line between his Tutsi refugees and his Hutu refugees, he only asked that they do their part, respect him and each other, and not compromise the security of others in the hotel (George). Because Paul Rusesabagina helped his people by doing everything he could, including risking his own life, he can be seen as a saviour. As a final thought, I would like you, the reader, to sit in silence for a moment and think of the millions of bodies that were scattered across the roads and riverbanks in Africa on that day not even two decades ago. Think about all those corpses and realize that those charred and bloodied bodies might have family somewhere still wondering if their loved one might have escaped the carnage. There are still families out there missing their sons and daughters, their aunts and uncles, their mothers and fathers. The family members of those bland statistics you cannot bear to read for the dryness could be a thousand miles away, or they could be the new Canadian standing beside you in the grocery store. Sit and think about how much love you were given, be thankful for the things and the people that you have around you. Be thankful that you live in a peaceful country where your life is not endangered by simply stepping out the door to make a grocery run. Show to the world that you are grateful for what you have, but stand up and be willing to lose it all in the interest of doing the right thing. Be ready at any moment to protect your rights and those around you who cannot protect themselves. Sometimes all it takes is one person. For the Hutu/Tutsi refugees in Rwanda on those days, they had Paul Rusesabagina there being the peacemaker, the shepherd, and the saviour.

Thursday, August 1, 2019

Case Study Situation Go Fast Essay

Situation Go Fast is a motorcycle manufacturer in the southern United States. Though sales have been steady, profits have declined because of increasing operational costs. The Board of Directors felt a fresh look at the operations side was needed. They developed a 5-year plan to increase operating efficiency and set out to find someone to lead the effort. Four months ago, GO FAST found what they saw as â€Å"the person† to be the new operations director and develop a new operational plan to reduce costs. Jill Jones had an outstanding reputation as operations director for a manufacturer of a closely related product. While she was located in a different state and was happy with her current job and lifestyle, she found the 5-year plan exciting. Besides, the offer was too tempting to refuse. Jill was offered the position, including a substantial increase in salary and benefits. She accepted the job, sold her home, and purchased a home near her new job. Her husband runs an in-home business and her children had adapted well to the new community and schools. She did not have a written contract, but was promised a great future with GO FAST and was given a salary of $90,000 per year. With the economic downturn, sales for this past year were the lowest in five years. The company needs to make drastic cost reductions or it could face bankruptcy. All senior managers agreed to a 25% pay cut. Several other high-paid positions will be eliminated. Among them is Jill Jones’ operations director position. Published by DECA Related Materials. Copyright  © by DECA Inc. No part of this publication may be reproduced for resale without written permission from the publisher. Printed in the United States of America. YOUR CHALLENGE The CFO has been asked by the board of directors to investigate GO FAST’S obligation to Jill Jones. You have been assigned the task of doing research. The board of directors assumes their agreement with Mrs. Jones is â€Å"terminable-at-will† based on the law in the state, and therefore GO FAST has no obligation to her. You will prepare recommendations to be presented to the chief financial officer (CFO). Since the decision is ultimately up to the CFO, your presentation should include, at a minimum: 1. How you expect Jill would react to the board’s hard-line approach. 2. Possible ways to deal with Mrs. Jones’ situation, including the positives and negatives of each. 3. Of these, you are to advise the CFO on the best course of action, and how to present it to Jill. While the financial challenges of the company are not a secret, Jill does not yet know that her position has been targeted for elimination. Your presentation to the CFO will begin in one hour. As part of your research you have pulled a copy of The Fair Debt Collections Practices Act, as well as cases related to this issue (see reference information provided). The information in THIS section is the result of research done specifically for this case situation, and has been given to you to help you prepare your recommendations within the allotted time. The judges will also receive this information, in addition to the Case Study Situation and Your Challenge as presented. BACKGROUND INFORMATION The following information provides background related to this situation. State Employment Law Under state law, employment generally is considered to be at will, terminable by either party at any time. This means that an employer may terminate an employee with or without just cause, in the absence of an agreement limiting the employee’s discharge to just cause or specifying the term of the employment. Even where an employer makes assurances seeming to mean job permanence, such assurances are generally considered mere statements of policy indicating only at-will employment. However, state courts have also held that employee personnel manual provisions, if they meet the requirements for formation of a unilateral contract, may become enforceable as part of a contract of employment. An agreement which includes a promise from one party but not from the other is called a unilateral contract. A unilateral contract is, for example, where an employer promises to pay a certain wage if an employee does a certain task for a certain period of time. The employee’s performance of that task for that time makes him or her entitled to the promised wages. The promise of employment on particular terms of unspecified duration, if presented in the form of an offer and accepted by the employee, will create a binding unilateral contract. These types of actions are referred to as â€Å"promissory estoppel† actions and they provide an exception to the employment-at-will doctrine. In order to constitute a contract, the employer’s personnel policy as set out in the personnel policy handbook must be more than a general statement of policy and must provide reasonably definite terms for a fact finder to interpret and apply in determining whether there has been a breach of the contract arising from that handbook. General statements of policy by an employer do not meet the contractual requirements of an offer. Employees frequently couple claims that certain oral representations constitute an enforceable agreement with assertions that certain actions by the employer create an implied contract to terminate only for good cause. For example, employees often contend that an employer has established a custom and practice such that employees are permitted to continue employment until retirement unless discharged for good and sufficient cause. Such an allegation does not meet the requirement of a definite offer. Similarly, an employer’s commendations and approval of the employee’s performance do not alter the employee’s at-will status. Severance pay is not required by legislation. Where it is provided by an employer or labor agreement, it must not be administrated in a discriminatory manner. Where it is provided, severance pay is considered wages in this state. The method of payment of severance pay may delay the employee’s eligibility for unemployment compensation benefits. Promissory Estoppel The state Supreme Court recognized that, despite the absence of a contract in fact, courts may imply the existence of a contract in law by utilizing the principle of promissory estoppel. The doctrine of promissory estoppel is applicable when: 1. A promise has been made; 2. The promissory reasonably expected to induce action of a definite and substantial character by the promise; 3. The promise in fact induces such action; 4. The circumstances require the enforcement of the promise in order to avoid injustice. An estoppel may arise from a promise of future performance. The doctrine of promissory estoppel is based in a promise which the promisor should reasonably expect to induce action of forbearance of a definite and substantial character on the part of the promise and which induces such action or forbearance and is binding if injustice can be avoided only by enforcement of the promise. Under the theory of promissory estoppel, liability on a contract may ensue even if the detriment incurred by one party is not bargained for where it can be shown that the promisor should reasonably have expected its promise to induce another’s detrimental action. The impairment-of-contract clause in the state’s constitution applies to an implied-in-law obligation created by promissory estoppel. The effect of promissory estoppel is to imply a contract in law where none exists in fact. When a promise is enforced pursuant to the doctrine of promissory estoppel, the remedy granted for the breach may be limited as justice requires; relief may be limited to damages measured by the promise’s reliance. RELATED CASE PRECEDENTS INFORMATION The following information is designed to provide samples of cases that may influence decisions made related to the case situation. The participants must decide what, if any, relevance these Related Case Precedents have on this Case Study Situation. Grouse v. Plan, Inc. (1981) The doctrine of promissory estoppel was applied by the court to grant damages to a pharmacist who accepted a job offer, resigned his current job and declined another job offer in reliance on this offer, but was â€Å"terminated† from his new job before he even had a chance to start it. Plan Inc knew that to accept its offer Grouse would have to resign his employment. Grouse promptly gave notice and informed Plan Inc that he had done so when specifically asked by them. Under these circumstances it would be unjust not to hold Plan Inc to its promise. Gorham v. Optical (1995) Former employee was entitled to reliance damages based on theory of promissory estoppel, where he quit his previous job and declined any renegotiations with previous employer in reliance on promise of new job, and on his first day of employment went through hostile reinterview process that led to his immediate termination. Lewis v. Assurance Society (1986) A promise of employment on particular terms of unspecified duration, if presented in form of an offer and accepted by employee, will create a binding unilateral contract. Pine River v. Mettille (1983) Generally speaking, promise of employment on particular terms of unspecified duration, if in form of an offer, and if accepted by employee, may create binding unilateral contract; offer must be definite in form and must be communicated to the offeree. Goodkind v. University (1988) Whether a proposal by employer is meant to be an offer for a unilateral contract is determined by the outward manifestations of the parties, not by their subjective intentions, and employer’s general statements of policy do not meet the contractual requirements for an offer. Gunderson v. Professionals, Inc. (2001) To overcome the presumption that employment is at will, an employee typically must establish clear and unequivocal language by the employer evidencing an intent to provide job security. General statements about job security, company policy, or an employer’s desire to retain an employee indefinitely are insufficient to overcome the presumption that employment is at will. Spanier v. Bank (1993) Terminated employee failed to show any evidence of offer for long-term employment in definite form so as to be entitled to recover for employer’s breach of implied covenant of good faith and fair dealing as result of his termination, where employee’s claims were based on subjective belief and his own inferences that employer’s commitment to commercial lending business would provide him job security and employer’s statements about developing this new area of business did not constitute long-term employment offer.