Tuesday, March 17, 2020

Money and Federalism Essay example

Money and Federalism Essay example Money and Federalism Essay example Money and Federalism Interdependence of sectors of society compelled government to take larger role. Another factor: Federal government has a superior ability to tax and borrow. Why? Why? States and localities are in an inherently competitive situation with regard to taxation. People and business can move to another state or locality. National government dependent on personal and corporate income tax. State and localities: license fees and property taxes. Federal Government and Money Can raise more taxes than do all the 50 states. Can control the American dollar (the Federal Reserve). Can borrow money to cover its deficits. States and localities can go bankrupt - harder to find credit. Fiscal Federalism Federal government’s revenue raising advantage has helped make money the basis for many of the relations between the national government and state and local government. Carrot and stick approach. Principle method: Grants in Aid. Grants in Aid: The Carrots Defined as: money paid by one level of government to another level of government to be spent for a specific purpose. Have been used to fund projects in: mass transportation health care urban renewal drug rehab housing crime Three types of Grants Categorical- grants given for specific purposes Block- grants given for general purposes Revenue Sharing - grants given with no strings/direction given for its disbursement Two types of categorical grants Formula: those that are distributed according to a formula. Project grants: awarded on a competitive basis through a federal agency The Stick Approach Direct Orders: legal measures adopted by the national government and enforced by civil and criminal penalties that require certain actions by state and local governments. Equal Opportunity Act of 1972: Barred job discrimination by state and local governments on the basis of race, color, religion or national origin. Another Example: Direct Order Americans with Disabilities Act of 1990: requires that local governments see to it that all fixed rate public transportation systems be made accessible to the disabled as well as other new public transportation facilities. The national government passes a law that DIRECTLY requires some action on the part of state and local governments. The Stick: Preemption Preemption is the national government’s removal of an area of authority from state and local governments. Example: Clean Air Act 1990, Amendments in 1989 dealing with hazardous and solid waste, Water Quality Act of 1987. Took away state authority and often imposes costs in form of unfunded mandates. Partial Preemption Occurs when the national government establishes minimum standards in certain areas and authorizes state and local governments to exercise primary responsibility for

Sunday, March 1, 2020

Essay About Yourself

Essay About Yourself What Is a Personal Essay? A  personal essay  is a kind of narrative essay where the author tells about a certain life incident or something that has had a significant impact on him or her. It may also speak of a lesson learned, or simply express a point of view on some issue, which was of vital importance to the author. The personal essay appears to be one of the richest and most vibrant of all literary forms. ESSAY ABOUT YOUR GOALS If you are looking for personal essay examples here is a great one below. I think I’m starting to finally figure things out. I have to finish two more years of college to get my degree, and I’ve changed majors too many times: From Journalism to Recreation and Leisure Studies, then Psychology and now English. I’ve been all over the place, doing a lot of soul-searching in between, along with plenty of trial and error. It’s taken three years, but I finally figured it out. I want to major in English to become a writer once I graduate. I don’t care if I’m writing directions on computer software, or creating articles, blogs, essays, books or scripts – it doesn’t matter so long as I’m writing for a living. That’s all that matters to me. It’s what I’m good at, and I know I can make a living out of it. For year’s I’ve pushed aside this urge to write, to create, thinking I wasn’t good enough, that it wasn’t for me. What? Did I think I was Faulkner? I wrote in high school, mostly short stories, and plenty of articles for the school and local  paper. I wrote stories for my family and friends, little stories they would read in their free time. But when I got to college, I was led to believe it a futile journey – the one of the writer. The market for writers in the real world was slim or barely existent, I had been led to believe. So naturally I started off college majoring in something practical, where I could write and still make a living – Journalism. I could learn to write like a journalist, writing stories and doing research, conducting interviews. It seemed like a lot of fun, and I could be someone who could actually get paid to write for a living and not have to be a novelist or short story writer and rely on the consumer to buy my prod uct. Then something amazing happened. My grades were less than stellar that first semester. Journalism grades were fine, but it didn’t interest me enough to pursue for four years. I soon changed majors to Recreation and Leisure Studies where I would work with people who had disabilities, a concentration in that major called Therapeutic Recreation. I did that for a year and a half, that major, working summer jobs that would boost my resume, before transferring to another college. There I would start off studying Psychology – as it, in some ways, pertained to my previous major. I had also taken a Psychology course or two, having done pretty well in the courses. But my grades as a Psychology major were terrible, absolutely awful. I was placed on academic probation. It was late in the game, but I was pretty sure I’d never pass Statistics, which was crucial to completing the course of study for a Psychology degree. So I went to my advisor. They noticed the only A’s I had gotten in college were in English classes, writing and literature courses, I mean. This late in my college career, I thought it was time to just pick something, get my degree and get out of there and start my adult life and working career. I was ready to move out and start things. I was more than ready. It was time to graduate. So I chose to major in English. It was tough explaining this move to my family, but after spending the summer reading poetry and writing and thinking about writing and reading, it made sense. I was a right-brained creative, a person who needed art, breathed art and lived it and reveled in it. Art was part of my life. It made sense to study English, to make the move. I’ve always been a writer at the very core of myself, and it is time to embrace that. I’m glad to have made the change. Now I have a few more courses to complete before graduating next year: There is the 400-level seminar class, required by all the English majors. I have to also take a Shakespeare class, a class in the Romantics, and a creative writing class. All of which seem like a lot of fun. But I’m glad to have finally figured this out. All that is left is to graduate and move on. The college thing was fun, but it has run its course. PERSONAL ESSAY WRITING If you need help with personal essay writing contact our support team or place an order and our professionals will write a winning essay for you.

Friday, February 14, 2020

Researched Proposal Research Paper Example | Topics and Well Written Essays - 1000 words

Researched Proposal - Research Paper Example If you found this article by using the World Wide Web, you must complete the following portion of the form as well. Answer the following questions: If the article comes from an online subscription service found in the SCC library, you may stop here. If you found this article by using the World Wide Web, you must complete the following portion of the form as well. Answer the following questions: If the article comes from an online subscription service found in the SCC library, you may stop here. If you found this article by using the World Wide Web, you must complete the following portion of the form as well. Answer the following questions: If the article comes from an online subscription service found in the SCC library, you may stop here. If you found this article by using the World Wide Web, you must complete the following portion of the form as well. Answer the following

Saturday, February 1, 2020

Discussion Assignment Example | Topics and Well Written Essays - 250 words - 24

Discussion - Assignment Example Instead, the two argue that the figures are too inflated to be real. For instance, Kal Raustilia and Chris Sprigman argue that the loss of 750,000 American jobs is double the number of employees in the entire filming industry, in 2010 (Raustilia and Sprigman, 1). Kal Raustilia and Chris Sprigman cite Tim Lee’s observation that statistical provisions as these have been characterized by methodological problems such as estimation and double and triple counting (Raustilia and Sprigman, 1). Nevertheless, in a more interesting twist, Raustilia and Sprigman charge that there are no losses which are incurred from downloading. Partly, this is because there are some cases of piracy which substitute for legitimate transactions, according to Raustilia and Sprigman. The two observe that even in some instances, even the people who sell audio or audio visual products never bought them, but instead pirated them (Raustilia and Sprigman, 1). Raustilia and Sprigman also argue that Internet piracy also disaffects the volume of sales in the job market, and the money that piracy may lead to increased savings. With increased savings come other values such as business ventures and increased entrepreneurship (Raustilia and Sprigman,

Friday, January 24, 2020

Improving First Year /teacher Support Essay -- essays research papers

â€Å"She has been teaching for three years. Her students really like her. She’s dedicated. She’s energetic. She’s creative†¦. She’s quitting† (Michigan Education Association, 2000). This left a school district asking a very simple question; why? Novice teachers enter the career full of questions. What should I do the first day? What curriculum do I teach? How should I arrange the classroom? Who are my students? How will I manage my classroom? What resources are available to me? What does the principal expect? Too many times these questions go unanswered. New teachers are handed their keys, shown to their rooms, and left to fend for themselves. The lack of support for first year teachers is a national problem. â€Å"Addressing the learning needs of new teachers can improve both the rate of teacher retention and quality of the teaching profession† (Ballinger, 2000). In a country where there are more people leaving the profession than entering it, the questions of new teacher training and support is a very important one. â€Å"Typically, principals hire the best qualified teachers from an applicant pool. These new teachers traditionally receive a brief orientation and a warm welcome at the first faculty meeting. But from then on, first-year teachers are usually left on their own and offered very little assistance. No matter what their backgrounds or capabilities, they are given the same responsibilities as 20-year veterans† (Jambor, 1997)! Many school districts nationwide face the challenge...

Thursday, January 16, 2020

Employer Liability for Employee Torts Under the Theory of Negligent Hiring Essay

The manager of an apartment complex used the key to one of the apartments to enter the tenant’s apartment during his off duty time and rape the occupant. ABC Apartment Company owns the property and hired the manager. An investigation after the fact turned up evidence the manager had a criminal record which ABC failed to discover during the interview process. The tenant is suing ABC Apartment Company for compensatory and punitive damages. The following will discuss the possible legal theories upon which the tenant may seek recovery in a civil court of law and how likely the tenant may be to receive an award of compensatory and possibly punitive damages.The idea of vicarious liability has existed for centuries, predating even English common law in the 16th century. Vicarious liability was common in primitive law wherein â€Å"owners† were held responsible for the negligence of servants, slaves, inanimate objects and wives. Blumenreich, 1993). To phrase it plainly, a person is responsible for the actions of those people with whom that person may have a master and servant relationship. The Restatement (Second) of Agency, (Restatement (Second) of Agency  §Ã‚ §215-267 (1958)) outlines the doctrine of respondeat superior as it pertains to a principal and his or her agent, such as an employer and an employee. Under respondeat superior, a principal may be vicariously liable for torts committed by an agent of the principle. The liability may arise when the agent’s act is committed within the scope of employment and in furtherance of the principal’s business, or when the agent’s act is ratified by the principal. (cited in Lindemann and Kadue, 1992) When applying the Restatement (Second) of Agency to the facts of the of the third party tenant’s rape at the hands of the apartment manager hired by ABC Apartments, it becomes clear why the doctrine of respondeat superior is doomed to fail in a civil court of law. The apartment manager entered the premises and raped the victim in off hours. A reasonable person may conclude that entering the leased premises of a tenant and committing criminal acts against that tenant is not within the scope of employment for the manager and decidedly not in furtherance of the business of ABC Apartments. A reasonable person could also conclude ABC Apartments did not give the manager consent or instruction to unlawfully enter and physically assault the tenants of the apartments. The act of raping the tenant was motivated completely by the apartment manager’s own personal desire. Unless the apartment manager had been specifically instructed by ABC Apartments to rape the tenant, no purpose to serve ABC Apartment’s interest existed. Finally, the manager was hired to oversee the operation of the apartment complex for ABC, not to physically assault and rape the tenants. The theory of negligent hiring addresses employers who do not take reasonable care in hiring their potential employees for a job (FindLaw, 2004). In his legal treatise entitled Employment Screening, Rex K. Larson points out most states recognize a cause of action for negligent hiring, although, no real uniform elements have been adopted as of yet by the multiple state and federal courts. (cited in Creed. T. , 2007) However, a similarity in exactly how to define negligent hiring does exist. In the case of Garcia v. Duffy, 492 So. 2nd 435 (1986), the Florida Supreme Court defined negligent hiring in the following manner: Negligent hiring occurs when, prior to the time the employee is actually hired, the employer knew or should have known of the employee’s unfitness, and the issue of liability focuses upon the adequacy of the employer’s pre-employment investigation into the employee’s background. (cited in Sinclair-Bernadino, 2006. ) In Pennsylvania, Coath v. Jones, 277 Pa. Super. 79, 419 A. 2d 1249 (1980), follows the Restatement (Second) of Torts stating: Negligent hiring cases focus on what duty is owed by the employer to a third party when an employee commits a crime or other bad act †¦the consensus is that an employer may be found negligent if he knew or should have known that an employee had a propensity for conduct that would harm a third person. † (cited in LaPasta, 2006) The Minnesota Supreme Court in Ponticas v. K. M. S. Invs. , 331 N. W. 2d 907, 911 (Minn. 983) offered an opinion which can be characterized as a majority test for the doctrine of negligent hiring: Liability is predicated on the negligence of an employer in placing a person with known propensities, or propensities which should have been discovered by reasonable investigation, in an employment position in which, because of the circumstances of the employment, it should have been foreseeable that the hired individual posed a threat of injury to others. (cited in Creed, 2007) The commonality of all the above-quoted opinions revolves around holding employers responsible for hiring employees who harm third parties when an adequate background check would have prevented such a person from being hired for the job in the first place. In the law review article, Note, Minnesota Developments: Employer Liability for the Criminal Acts of Employees Under Negligent Hiring Theory: Ponticas v. K. M. S. Investments, 68 Minn L. Rev. 1303, 1304-05 (1984), Cindy M.  Haerle draws upon the Ponticas opinion of the Minnesota Supreme Court to identify six basic elements of negligent hiring : (1) the tort-feasor was the employer of the defendant; (2) the employee was unfit for employment; (3) the employer knew or should have known the employee was unfit; (4) the plaintiff (claimant) was injured by the employee’s tortious act; (5) the employer owed a duty of care to the plaintiff; and (6) the hiring of the employee was the proximate cause of the plaintiff’s injuries. cited in Creed, 2007). Assuming the courts of the state in which the tenant who became the rape victim of the manager utilize elements such as the above in determining an employer’s liability under a negligent hiring theory, it becomes clear ABC will be held liable for the acts of the manager. The manager was the employee of ABC at the time he committed the rape. The manager had a previous criminal record that ABC failed to discover during the hiring process. Because a criminal background check would have revealed the manager’s past to ABC, they would or should have known the manager was unfit to perform a job in which access to all the tenants’ apartments was readily available. The tenant was clearly injured, both physically and mentally, by the tortious act of the manager. ABC clearly owes a duty to their tenants to insure their employees are fit for the jobs they are hired to do. Failure to investigate the manager’s background is a clear breach of that duty. Finally, had ABC not hired the manager, access to the keys of the tenants’ apartments would not have been available to him and, of course, he would not have been able to enter the tenant’s apartment and commit the crime of rape. Now that is has been established the tenant will succeed under the theory of negligent hiring, the issue of damages must be addressed. Black’s Law Dictionary defines compensatory damages as â€Å"such as will compensate the injured party for the injury sustained. † (Nolan, p. 390, 1990). Black’s Law Dictionary defined punitive damages as damages awarded on an â€Å"increased scale†¦Ã¢â‚¬ ¦that of punishing the defendant or of setting an example for similar wrongdoers. † (id). In the Florida case of Tallahassee Furniture v. Harrison, a company was successfully sued under the theory of negligent hiring and the plaintiff was awarded $1. 9 million in compensatory damages and $600,000. 00 in punitive damages. (Arvey, et al. , p. 1, 2001) A Massachusetts jury ordered the Trusted Health Resources and Visiting Nurses Association of Boston to pay $26. million in combined compensatory and punitive damages to the family of a murdered quadriplegic after the family successfully sued under the theory of negligent hiring. (Anderson, 1998). A clear indication issues from these decisions indicating courts are willing to allow for the award of punitive damages on top of compensatory damages. Based upon this information, under the theory of negligent hiring it seems likely that the tenant will be successful in a civil lawsuit and will be able to recover both compensatory and punitive damages of a significant nature. The nature of employment law is ever changing and the theory of negligent hiring seems to be an ever expanding area of the law. The idea of a third party recovering for the torts of an employee seems almost to be a return toward the primitive law mentioned in Mr. Blumenreich’s article wherein the master was responsible for all actions of his chattel, or persons in their charge. (Blumenreich,1993. )

Wednesday, January 8, 2020

Major Battles of World War 2

There were numerous battles in World War II. Some of these battles lasted only days while others took months or years. Some of the battles were notable for the material losses such as tanks or aircraft carriers while others were notable for the number of human losses. Although this is not a comprehensive list of all battles of WWII, it is a list of the major battles of World War II. A note about the dates: Somewhat surprisingly, historians dont all agree on the exact dates of battles. For instance, some use the date that a city was surrounded while others prefer the date that major fighting commenced. For this list, I have used the dates that seemed the most agreed upon. 20 Major Battles of World War II Battles Dates Atlantic September 1939 - May 1945 Berlin April 16 - May 2, 1945 Britain July 10 - October 31, 1940 Bulge December 16, 1944 - January 25, 1945 El Alamein (First Battle) July 1-27, 1942 El Alamein (Second Battle) October 23 - November 4, 1942 Guadalcanal Campaign August 7, 1942 - February 9, 1943 Iwo Jima February 19 - March 16, 1945 Kursk July 5 - August 23, 1943 Leningrad (Siege) September 8, 1941 - January 27, 1944 Leyte Gulf October 23-26, 1944 Midway June 3-6, 1942 Milne Bay August 25 - September 5, 1942 Normandy (including D-Day) June 6 - August 25, 1944 Okinawa April 1 - June 21, 1945 Operation Barbarossa June 22, 1941 - December 1941 Operation Torch November 8-10, 1942 Pearl Harbor December 7, 1941 Philippine Sea June 19-20, 1944 Stalingrad August 21, 1942 - February 2, 1943