Wednesday, October 30, 2019
How Different Actual Practice of Law is from Law School Essay
How Different Actual Practice of Law is from Law School - Essay Example My placement experience helped me to realize how different the actual practice of law is from law school. According to McDockery, ââ¬Å"the study of law is different from the practice of lawâ⬠*3 and he highlights the fact that apart from writing and research skills, not much of what is learned at law school will be particularly relevant in practice. My placement experience corroborated this claim because I discovered that mere academic knowledge and the theory of law is not as important as interacting well with clients and professional code and ethics in actual practice. It was a revelation to me, as I watched my supervisor interacting with our clients and I realized that legal interviewing needs to be approached from a different angle as compared to other interviews.*4 The fact-finding mission that this entails often meets with subtle resistance from clients and especially poses a challenge when dealing with clients who are not familiar with English since there is a possibilit y for distortions during translation.*5 Such clients are often unaware that client privilege is their fundamental civil right as established by the Courts*6 and they are reluctant to be completely honest with their lawyers. But this was not the only area where I discovered that practice is different from theory. While law school provided me with the background of the law, actual practice concerns the application of the law. Earlier, my understanding of the law was directed towards its mechanics, whereas I obtained a clearer perspective of the law that conditions a lawyerââ¬â¢s actions during my placement experience. As Bernie Marden puts it, professions today operate in a world where ââ¬Å"public policy applies regulation, co-regulation, and self-regulation in varying degreesâ⬠*7 and this is why it was deemed necessary to introduce the Professional Standards Act of 1994 in Australia.à Ã
Monday, October 28, 2019
Target (TGT) and J.C. Penny (JCP) Research Essay Example for Free
Target (TGT) and J.C. Penny (JCP) Research Essay Over the next couple of months, I will be conducting research on Target (TGT) and J.C. Penny (JCP). The reason for this is so that I may give my insight on which company I feel will be the most desirable one for Celash, Byrne Moovon (CBM). Using detailed financial statements on file with the Securities and Exchange Commission as well as data available on each of the companies web sites, Foundations of Financial Management With Time Value of Money, course book, Interpretation of Financial Statements, and The Value Line Investment Survey, make a recommendation as to which of the two is the most desirable acquisition and at what price. Company Profiles Target has: â⬠¢1,797 stores in the United States â⬠¢124 stores in Canada â⬠¢37 distribution centers â⬠¢361,000 team members worldwide â⬠¢online business at target.com â⬠¢global locations in India and Canada As a publicly-owned, U.S.-based company, Target has a global presence with a headquarters location in India and sourcing offices around the world. In addition, the company operates a credit card segment that offers branded proprietary credit card products and rewards programs. (Corporate Information) 1) Overview: Company Overview | | Headquarters: | Minneapolis | NYSE Trade Symbol: | TGT | 2012 Revenue: $73,301Million| Number of Stores: | 1,755 | Number of Associates: | 350,000 | To link to view Targetââ¬â¢s 2012 10k annual report is: https://corporate.target.com/_media/TargetCorp/annualreports/content/download/ pdf/Annual-Report.pdf?ext=.pdf . On the report you will be able to see the growth in revenue that Target has obtained within the past 5 years. Below is a copy of the chart. The annual book value per share from 2008-2012 are as follows: The current annual ratios as well as the past years are as follows: The profit margin on sales from 2008-2012 for Target are as follows: J.C. Penny ââ¬Å"J. C. Penney (JCP) is one of the nations major clothing and home furnishing retailers. The company is experiencing a revival towards becoming Americas preferred retail destination for unmatched style, quality and value. Across 1,100 stores and at their web site jcp.com, customers will discover an inspirational shopping environment that features the most sought after collections of private, national and exclusive brands and attractions.â⬠(4) To be Americaââ¬â¢s shopping destination for discovering great styles at compelling prices is the vision of J.C. Penny. The goals of the company include: To win with their * Customers Build deeper, more enduring customer relationships * Associates Increase associate engagement and retention * Shareholders Deliver industry-leading financial performance Company Overview | | Headquarters: | Plano, TX | NYSE Trade Symbol: | JCP | 2012 Revenue: | 17.26billion | Number of Stores: | 1,108 | Number of Associates: | 150,000 | To link to view J.C. Penny 2012 10k annual report is: http://www.sec.gov/Archives/edgar/data/1166126/000116612613000016/jcp-20130202x10k.htm The annual book value per share from 2008-2012 are as follows: The current annual ratios as well as the past years are as follows: The profit margin on sales from 2008-2012 for J.C. Penny are as follows: 20082009201020112012 5.59%3.09%1.43%2.19%-0.88% Here you can also follow this link, http://target.knoji.com/compare-vs/jcpenney/ , to see a comparison chart between target and J.C. Penny. Both Target and J.C. Pennies have similar goals. Throughout the next couple of months I will research these two companies to provide evidence on which company will be the best one to go with. REFERENCES PAGE 1.Stanley B. Block, Geoffrey A. Hirt and Bartley R. Danielson (2011), Foundations of Financial Management With Time Value of Money, McGraw-Hill Irwin, 14th edition. 2.Benjamin Graham and Spencer Meredith. (1998). Interpretation of Financial Statements, Harper Business. 3.http://pressroom.target.com/corporate 4.http://www.jcpenney.net/about-us.aspx 5.http://www.wikinvest.com/stock/Target_(TGT)/Data/Book_Value_Per_Share/2008 6.http://www.wikinvest.com/stock/Target_(TGT)/Data/Current_Ratio 7.http://www.wikinvest.com/stock/Target_(TGT)/Data/Net_Margin/2008?ref=chart 8.http://www.wikinvest.com/stock/J.C._Penney_(JCP)/Data/Book_Value_Per_Share 9.http://www.wikinvest.com/stock/J.C._Penney_(JCP)/Data/Current_Ratio 10.http://financials.morningstar.com/ratios/r.html?t=JCP
Saturday, October 26, 2019
Lung cancer :: essays research papers
Lung Cancer à à à à à I chose to do lung cancer in American women because of the fact that many women die from it every year. Women put themselves in danger by risking the chances of a premature death and other types of complications from smoking. In this report I want to learn whom smoking effected more, men or women, what age bracket does smoking most occur in women, and the overall effects that smoking and lung cancer has on women. à à à à à Lung cancer is caused by development of airway obstruction, and clinical symptoms leading to chronic obstructive pulmonary diseases (COPD) as well as to recurrent respiratory tract infections (Klech H, Kummer F., ââ¬Å"Smoking causes chronic obstructive lung diseases and increased infections of the respiratory tractâ⬠, Wiener Medizinische Wochenschrift, Journal Code: XOU, 1994; [144 (22-23): 535-40]). The death rate of lung cancer has increase since 1991-1995 up to about 64%. Lung cancer is hard to detect at an early stage and it is also hard to treat. Many doctors sat that once you are diagnosed with lung the average person has about 5 more years to live. Smoking is the main cause for lung cancer in women. Over 2,000 females start this habit everyday which is about 728,000 women a year. Out of this amount of ladies 66,000 will die from lung cancer. The worst thing about this lung cancer in women is that no one believes that it is the leading killer in women. That is right it passed breast cancer by a long shot. Lung cancer killed about 66 thousand, as mentioned above, while breast cancer killed only about 45 thousand people (Statistics are from the American Cancer Society's Cancer Facts which contains estimates based on SEER data.) .à à à à à What age do you think women start smoking? 18? 20? 16? No, some ââ¬Å"childrenâ⬠have started smoking at the age younger then 14 (Skaar, Karyn L.; Tsoh, Janice Y.; McClure, Jennifer B.; Cinciripini, Paul M.; Friedman, Karen; Wetter, David W.; Gritz, Ellen R., ââ¬Å"Smoking: A Feminist Issueâ⬠(An overview of research. Smoking Cessation, part 1. Vol. 23, Behavioral Medicine), 03-22-1997 [p. 5 (9)]). They mainly start to smoke do to its ââ¬Å"pleasantâ⬠appeal. During many research studies, the most common reasons were to stay slim, lose weight, or be popular (Heidi D, ââ¬Å"Smoking: A Feminist Issueâ⬠. Vol. 20, Contemporary Women's Issues Collection, [03-01-1995, p. 9-10H]). Magazines give women and teenage girls these impressions everyday by their ads of big groups of skinny ladies have a good time with a ââ¬Å"dagâ⬠in their mouth.
Thursday, October 24, 2019
Bad Tires Create Safety Problems :: essays papers
Bad Tires Create Safety Problems Bad Tires Create Safety Problem for the Public Firestone produced a line of tires that have been responsible for deaths and injuries throughout the United States. The faulty tires are known to experience tread separation, which causes the tire to blow out. Evan though there is an ongoing recall, the number of accidents continues to rise. Since the recalled tires are most commonly found on Ford vehicles, there is an attempt to draw Ford into the blame. The problem at hand is that there are faulty tires on the roadways, and innocent people are dying. The Firestone tire recall is perhaps the most deadly auto safety crisis in American History. As of September 20, 2000 the National Highway Traffic Safety Administration reported 103 deaths due to crashes. Also they included more than 400 injuries, and 2,226 complaints from consumers. Most of the fatalities are linked to accidents caused when 15-inch ATX and Wilderness tires mounted on Ford Explorers experienced tread separation, usually in hot weather. Bridgestone/Firestone Inc. has recalled 6.5 million of those tires, and the NHTSA has issued a consumer advisory covering an additional 1.4 million Firestone tires. On August 9 of this year, Firestone, owned by Japanââ¬â¢s Bridgestone Corporation, began recalling 6.5 million tires made up of a certain 15-inch models of its ATX and Wilderness AT tires in response to a federal probe that began in May. The majority of the recalled tires were fitted over a decade to Ford motor companyââ¬â¢s best selling sport utility vehicle, the Explorer. Firestone claims that the unique design of the 235/75R15 Wilderness AT tire, in combination with variations in the manufacturing process at its Deatur, Illinois, plant may have produced some of the problems. At the Senate hearing, Ford and Firestone again blamed each other for the problem, which has strained an automotive partnership that goes back 100 years. A Reuters Zogby poll released last week showed that three out of five people surveyed in the United States blamed Firestone for the controversy, while only one in fifteen blamed Ford. Ford President Jaques Nasser said, ââ¬Å" Every time Ford went to Firestone with problems that foreign customers reported, the tiremaker insisted there were no tire defects either overseas or in the United States.
Wednesday, October 23, 2019
Password Protection Essay
Today, everyone is having online banking account and à e-mail account . Safety is an important aspect. If some intruder steal our password, then we have to pay high price for it. So protecting password is a significant factor for each and every one in this e-world. This speech provides mechanism to protect our online password. Choosing a Good Password Your password is what tells the computer that you are who you say you are. Until we can do retina scans like in James Bond movies, the password is the best that we can do. But, because your password is like a key to your account, you need to safeguard it. Anyone who has your password can get into your account, and your files. Anyone who can guess your password has it. Anyone who has your password can pose as you. Therefore, you may be held responsible for someone elseââ¬â¢s actions, if they are able to get your password. You may not wish this to happen. Tips on safeguarding your password * First and foremost, NEVER give your password to anyone. ââ¬Å"Anyoneâ⬠means your coworkers, your spouse, your systems administrator. In the event of an emergency, the sysadmin can change your password. Your sytems administrator never has a need to know your personal password. If someone needs to get onto our machines, and has a reason to be here, do not give them access to your account. Speak to the systems staff about us setting up an account for them. We would be very happy to give them one. * Make your password something you can remember. Do not write it down. If you really, honestly forget your password, we can easily give you a new one. Weââ¬â¢d rather set your password once a month because you forgot it than have someone find it written down and gain unauthorized access to your account. * Make your password difficult for others to guess. This is not as hard as it initially seems. See the section below on chosing a good password. * DO NOT Change your password because of mail from someone claiming to be your systems administrator, supposedly needing access to your files!! This is a popular scam in some circles. Remember, your systems administrator never needs your password for any reason. If someone needs to ask you to change your password so that they can gain entry to your account, they do not have reason to be there. We run sophisticated password crackers on the password files of our machines.
Tuesday, October 22, 2019
Remembering the Murder of Shanda Sharer
Remembering the Murder of Shanda Sharer Few crimes in modern times caused more public horror than the grisly torture and murder of 12-year-old Shanda Sharer at the hands of four teenage girls on Jan. 11, 1992 in Madison, Indiana. The callousness and brutality exhibited by the four teenage girls, ages 15 to 17, shocked the public then, and it continues to be a source of fascination and revulsion as the subject of dozens of books, magazine articles, television programs, and psychiatric papers.à The Events Leading to the Murder At the time of her murder, Shanda Renee Sharer was the 12-year old daughter of divorced parents, attending school atà Ourà Lady of Perpetual Help Catholic school in New Albany, Indiana, after transferring the previous year from Hazelwood Middle School. While at Hazelwood, Shanda had met Amanda Heavrin. Initially the two girls fought, but eventually became friends and then became entered into a youthful romance.à In October of 1991, Amanda and Shanda were attending a school dance together when they were angrily confronted by Melinda Loveless, an older girl that Amanda Heavrin had also been dating since 1990. As Shanda Sharer and Amanda Heavrin continued to socialize through October, the jealous Melinda Loveless began to discuss killing Shanda and was observed threatening her in public. It was at this point, concerned about their daughters safety, that Shandas parents transferred her to a Catholic school and away from Amanda. The Abduction, Torture, and Murder Despite the fact that Shanda Sharer was no longer in the same school as Amanda Heavrin, Melinda Loveless jealousy continued to fester over the next few months, and on the night of Jan. 10, 1992, Melinda, along with three friends- Toni Lawrence (age 15), Hope Rippey (age 15), and Laurie Tackett (age 17)- drove to where Shanda was spending the weekend with her father. Just after midnight, the older girls convinced Shanda that her friend Amanda Heavrin was waiting for her at a teenage hangout spot known as the Witchs Castle, a ruined stone home in a remote area overlooking the Ohio River. Once in the car, Melinda Loveless began to threaten Shanda with a knife, and once they arrived at Witchs Castle, the threats escalated into an hours-long torture session. It was the details of the savagery that followed, all of which came out later in testimony from one of the girls, that so horrified the public. Over a period of more than six hours, Shanda Sharer was subject to beatings with fists, strangling with a rope, repeated stabbings, and battery and sodomy with a tire iron. Finally, the still living girl was doused with gasoline and set ablaze in the early morning hours of Jan. 11, 1992, in a field alongside a gravel county road.à Immediately after the murder, the four girls had breakfast at McDonalds, where it is reported that they laughingly compared the look of the sausage to that of the corpse they had just abandoned.à The Investigation Uncovering the truth of this crime thankfully did not take long. Shanda Sharers body was discovered later that same morning by hunters driving along the road. When Shandas parents reported her missing in early afternoon, the connection to the discovered body was quickly suspected. That evening, a distraught Toni Lawrence accompanied by her parents arrived at theà Jefferson County Sheriffs officeà and began to confess the details of the crime. Dental records quickly confirmed that the remains discovered by the hunters were those of Shanda Sharer. By the next day, all the involved girls had been arrested.à The Criminal Proceedings With compelling evidence provided by Toni Lawrences testimony, the four girls involved were all charged as adults. With a strong likelihood of death penalty sentences, they all accepted guilty pleas in order to avoid such an outcome.à In preparation for sentencing, defense attorneys spent considerable effort assembling arguments of mitigating circumstances for some of the girls, arguing that these facts reduced their culpability. These facts were presented to the judge during the sentencing hearing. Melinda Loveless, the ringleader, had by far the most extensive history of abuse. At the legal hearing, two of her sisters and two cousins testified that her father, Larry Loveless, had forced them to have sex with him, although they could not testify that Melinda, too, had been so abused. His history of physical abuse to his wife and children was well documented, as well as a pattern of sexual misconduct. (Later, Larry Loveless would be charged with 11 counts of child sex abuse.) Laurie Tackett was raised in a strictly religious household where rock music, movies and most other trappings of normal teenage life were strictly forbidden. In rebellion, she shaved her head and engaged in occult practices. It was not entirely surprising to others that she could have participated in such a crime.à Toni Lawrence and Hope Rippey had no such troubled reputations, and experts and public onlookers were somewhat baffled at how relatively normal girls could have participated in such a crime. In the end, it was chalked up to simple peer pressure and a thirst for acceptance, but the case continues to be a source of analysis and discussion to this day.à The Sentences In exchange for her extensive testimony, Toni Lawrence received the lightest sentence- she pleaded guilty to one count of Criminal Confinement and was sentenced to a maximum of 20 years. She was released on December 14, 2000, after serving nine years. She remained on parole until December, 2002. Hope Rippey was sentenced to 60 years, with ten years suspended for mitigating circumstances. Upon later appeal, her sentence was reduced to 35 years. She was released early on April 28, 2002 from Indiana Womens Prison after serving 14 years of her original sentence.à Melinda Loveless and Laurie Tackett were sentenced to 60 years in the Indiana Womens Prison in Indianapolis. Tacket was released on Jan. 11, 2018, exactly 26 years to the day after the murder.à Melinda Loveless, the ringleader of one of the most brutal murders in recent time, is due to be released in 2019.
Monday, October 21, 2019
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