Law and the Constitution in Canada Essay Example | Topics and Well Written Essays - 250 words - 1

Law and the Constitution in Canada - Essay Example Legal reasoning is essential in explaining the inherent difference between partisan and impartial legal decisions. Legal reasoning remains indispensable in arbitration of varied beliefs and values of the Canadian society towards acceptance of legal decisions2. Moreover, legal reasoning is domineering in harmonizing Canadian society perspectives about legal integrity. Furthermore, it enables the Canadian society to comply with SCC legal decisions over varied cases even though they may seem to disagree. Similarly, legal scholarship has had notable contributions to realization of a more acceptable Canadian legal system through establishment of doctrinal scholarship and creation of linkage with other disciplines. Through legal scholarship, legal scholars established a doctrinal analysis system that explains, criticizes, and analyses Canadian judicial decisions. In addition, legal scholars have created brilliant doctrinal scholarship proposals methods of decision making within judicial systems especially in constitutional law. Besides doctrinal analysis, legal scholarship has ensured incorporation of other discipline concepts such as economics, philosophy, and literary theory in making legal decisions3 (Bourne 2011). Due to the aforementioned concepts and functions of legal reasoning and scholarship, the Canadian society have accepted Aboriginals rights and title as outlined in section 35 (1). SCC have the legal rights to interpret s35 (1) to the Canadian society, a responsibility that they have achieved through legal reasoning (Turner 2006). In addition, legal scholarship and reasoning remains imperative in explaining the inherent judicial process in making decision relating to acceptance of aboriginals rights. Acceptance and affirmation of aboriginal rights required doctrinal scholarship analysis and legal reasoning of several cases including the Delgamuukw

Followership Essay Example | Topics and Well Written Essays - 250 words

Followership - Essay Example The author points out that leaders and followers have a symbiotic relationship. According to the author, â€Å"Today’s followers are tomorrow’s leaders† (Frisina 2005) Leaders ought to practice democratic leadership that strengthens the relationship with the followers. The author distinguishes the value of communication to the four types of generations (veterans, baby boomers, Generation X, and Generation Y). According to the author, employees in Generation Y thrive on extrinsic motivation. For example, a young nurse would most likely be tensed and have minimal experience in attending to her duties. If the supervisor provides instant gratification and rewards the nurse, she would be extrinsically motivated to work. This is unlike the veteran and baby boomers that have the experience and have achieved job satisfaction. This category of employees thrives on intrinsic motivation and job security. Different generations have different characteristics. For example, a veteran may find it easier to work in the office for the entire working hours. On the other hand, an employee from generation Y would prefer doing field work for the entire working hours. It is important to delegate jobs depending on the general characteristics of the respective generation. The most important aspect of communication is the mode of delivering information. All the four generations prefer different modes of communication. Veterans would be more comfortable with face-to-face interactions while employees from both Generations X and Y would prefer communication backed by technology. For example, a healthcare facility would open up a page on social media to reach out to the younger generation. On the other hand, veterans would prefer to visit the facility physically for

Parkinson's Disease Term Paper Example | Topics and Well Written Essays - 1250 words

Parkinson's Disease - Term Paper Example Parkinsons disease is found all over the world and all different races. Parkinsons is the 4th leading cause of death for older adults and rising. The symptoms of Parkinsons disease are numerous. The first which is usually the "tip off" is shaking of a limb especially if the body is at rest. Other systems are sleep disturbances, slow movement, not being able to move, personality changes, rigid limbs, speech impairments, sexual difficulties, dementia, and depression. People with this disease usually walk with a shuffling gait, and a stooped posture. The severity of Parkinsons tends to worsen over time. There is no definite answer what causes Parkinsons but there are many theories. Many believe that it is a genetically inherited disease that is passed on from generation to generation. There are also connections with the illegal drug MPTP, and many of the people who get Parkinsons are people that got a server cause of influenza during an epidemic in the early 1900s. This disease might also because by chemicals or other types of pollution that were unaware of or that were unaware that were in feting are selves. Parkinsons disease has no confirmed date of when it was first found but researchers have documents of what they think is Parkinsons disease as far back as 3,000 BC. There is no definite cure for Parkinsons disease. Doctors usually prescribe levodopa which increases dopamine levels in the brain. In server cases some patients get brain surgery and implants have been done or used. A surgery which takes dopamine-producing tissue is transplanted into the brain is now being tested. If the surgery works it will prevent the dopamine-producing brain cells from dying. The 4 major symptoms of Parkinson’s disease are "Tremor" which is the rhythmic back and forth motion of the hands and fingers, "Rigidity" or a resistance to movement, in which there is a stiffness of the muscles. "Bradykinesia" (Brady-slow, kinesis-movement) or the slowing down and failure of

Phd proposal Essay Example | Topics and Well Written Essays - 3500 words

Phd proposal - Essay Example Additionally, the proliferation of group-based delivery schemes has supported the view that positive impacts have redounded in the lives of women individually as well as collectively, as a result of the availability of micro-credit facilities. In this regard, empowerment was more commonly measured in terms of eight indicators: women’s economic contribution to the household income; mobility, or the ability of women to travel without escort; ability to make small purchases; ability to make large purchases; ownership of productive assets; involvement in the formulation of major decisions; freedom from family domination; and political awareness (Hashemi, et al., 1996). On the matter of impacts, Chen (1997) was among the first to use this framework to arrive at three pathways to empowerment that micro-credit programmes are found to produce among its clientele. The three pathways are identified as the cognitive, the perceptual, and the relational impacts. The cognitive impact determ ines the distance by which the participants’ skills and knowledge have improved due to their participation in the programme. Among these are the knowledge of how to save, to plan for the future, and to take greater control of personal and household finances. Also included are learning how to bank money, learning of the virtues of industry and hard work, discipline and strong-mindedness; money management and bank rolling profits; and small business dynamics of learning how to take advantage of seasonality, of diversification, and quick inventory turnover. The second is perceptual impact, which revolves around how women see themselves. Included here are women’s self-confidence, self-reliance, and self-esteem, as well as their changing vision of their future as a result thereof. Finally, the third pathway is the relational impact, or the manner the programme has changed the participants with regard to their family relationships (Johnson, 2005). Primary among these relatio nships is the participants’ relationship with their husbands. There are two divergent pathways. One is the husband’s initial suspicion about the wife’s comings and goings, which is later replaced by an appreciative acknowledgement of her new abilities, a higher level of respect accorded her, and their appreciation for the woman’s contribution to the household income. There have been cases, however, depending on the culture in which the couple are embedded, of husbands expressing resentment against their wives for spending too much time away from their household duties (Johnson, 2005). Criticisms The claim that micro credit provides economic empowerment has been criticized for the narrow construction it ascribes to â€Å"empowerment.† The focus on micro credit programs tends to misleadingly circumscribe women’s empowerment to their economic adequacy; this tends to simplify the issue of transformational empowerment, and relegating womenâ€℠¢s subordinate role to a matter of economic mainstreaming. For instance, Stephen Lewis decried the â€Å"mainstreaming† of gender issues in the UN system, because of fragmentation and dispersal of efforts among several agencies which are under funded and maligned (Goetz & Sandler, 2007). Mainstreaming indicates that integration is being intended, rather than the creation of entities specifically advocating solutions to the plight of women. It tends to

Based on 3 questions Essay Example | Topics and Well Written Essays - 2750 words

Based on 3 questions - Essay Example When discharge by frustration, there would be no secondary obligations, but there would be a need for restitution under the law. Other than discharge of the contract by performance, breach and frustration, the contract could also be discharged by agreement, wherein both the parties would agree to put an end to the contract and have a new contract in place to overcome the shortcomings of the earlier contract (Wallis 2008). Discharge by frustration is a process by which the contract is ended by demonstrating frustration. These include certain limited circumstances wherein courts would have deemed that further performance of the contract would be impossible. Usually at the time of discussion and entry of either party into the contract, the factors or causes of frustration should not be known to either party and due to the fault of neither party the event has been caused such that further performance of the contract would be deemed impossible. At first, the doctrine of frustration arose in the case Taylor v Caldwell (1863) 3 B & S 826 where Blackburn J used the [presence of unforeseen circumstances that suddenly arose and rendered further performance of the contract as impossible and due to no fault of either party. In the case, Taylor hired Caldwell for the performance of concert events for 4 days at Pounds 100. The contract was created but due to a fire at the hall of the event, the entire event could not be performed. The plaintiff suffered huge losses due to non-performance of the event. However, there was no provision within the contract that provided a resolution in case of such events. The plaintiff sued the defendant, and the defendant said that due to the non-presence of the hall the event could not be performed (Wallis 2008). The Hon’ble Judge Blackburn found that within the contract there was an implied term which meant that both parties would be excused in case the contract becomes impossible to perform due to no fault of either party that enter into the contract. These circumstances may be unforeseen due to no fault of either party, and even if one party has a doubt that such an event could occur, then the onus would be put on that party (Szantyr 2011). There may be four conditions for discharge of contract by frustration to be satisfied. It may occur as an unforeseen event, it should not be known to either party, it should make performance of the contract impossible and it should create a radically different situation from what was described in the earlier contract. Besides, there are 2 alternative tests for frustration including implied theory test and radical change test. The implied theory test was what was used in Taylor vs. Caldwell, whereas the radical change test was developed in the case Davis Contractors v Fareham UDC [1956] AC 696 (Wallis 2008). Discharge of contract by breach may include defective performance as well as non-performance and would be included either as a condition, warranty or innominate. In orde r to treat such breach as primary and to repudiate the contract, the opposing party should have breached the conditions and not the warranties. In case the warranties are breached, then the contracted cannot be discharged but since the secondary obligations are not fulfilled, damages can be sought (Law Teacher 2012). Unlike discharge by frustration, an anticipatory breach may arise when one party feels that the performance of the contract would be in doubt and have expressed their willingness to discharge the contract. The opposing

Human resources Essay Example | Topics and Well Written Essays - 1000 words - 1

Human resources - Essay Example It is a continuous process of methodical design to achieve optimum use of organization’s human resources (Ree &Â  French, 2010, p. 121). The aim of this study is to examine the implementation of human resource planning by the organizations. In order to achieve the organizational goals of labour requirements, the organization requires effective human resource planning. However, most of the organizations lack effective programmes on human resource planning to determine their recruitment and hiring practices. Therefore, human resource planning ensures the success of the organization by helping it to acquire the right labour force in the right numbers to match available jobs. However, some organizations fail to implement human resource planning for the following reasons; In order for the organization to have effective manpower planning, they must forecast the future demand for workforce. They can achieve this through trends analysis by studying the demand of some previous years and project the same in the future (Ree &Â  French, 2010). However, the demand and supply of labour is affected by economic conditions such as recession and boom periods. Such unpredictable economic conditions affect the capacity of the organizations to conduct effective resource planning (Kew &Â  Stredwick, 2010, p. 113). Organizations incur much expense to conduct human resource planning (Kew &Â  Stredwick, 2010). This is because almost all personnel must be involved in making a projection in order to achieve the reliable result. However, considering most organizations are small in size they cannot afford the cost of carrying out market research to obtain data for effective market trend analysis and predict the future demand for workforce. Instead of matching present and future labour requirements of organization, they acquire workers whenever the need arises and will downsize the workforce in case of fall in demand due to changes in

Marketing Plan - Echeverry Vodka Essay Example | Topics and Well Written Essays - 2000 words

Marketing Plan - Echeverry Vodka - Essay Example The company understands the significance of retaining customers therefore, it will work on the principle that marketing strategy will aim to satisfy its customers by making a reputable name in the market. Mission The Echeverry Vodka mission is to lead the best quality and innovative production of wine in the American market. The company will keep very close and excellent relationships with the consumers to fulfill their needs and requirements. Company will satisfy consumers at any place or time with the best quality product. The Echeverry Vodka will also keep satisfactory profit margins from its business to maintain the company’s growth and financial stability. The vodka company will maintain a friendly and healthy working environment by adding value to the people and implement innovative marketing strategies to strengthen market position by introducing innovative, new, and best quality products in the existing competitive market. Marketing Objectives The marketing objectives for the vodka company that they will follow to maintain its growth and position in the market are: Every month, the company will sustain its positive growth and stability. Each quarter, company will show increasing market penetration. The company will design marketing strategies with huge campaigns for awareness of its product through the trade shows, which will be figured out by the consumer’s responses and feedbacks on quality of the product. The company will use different modes of advertising to market their product through media, home programs and special shows, through direct mails, hotel guides and different charity events. Market Needs To determine the need of market is the most significant management activity for companies because it is useful for making or developing the new product (Morey, Maybury, & Thuraisingham, 2002). The company will provide tasteful wine to its customers and taste of Echeverry Vodka will be different from the competitors wine. Most of the peop le in Virginia are experiencing similar taste of wine therefore, it is the need of the market to introduce new wine different from others, and people will be able to get a different feeling when experiencing that wine. Echeverry Vodka seeks to provide high quality wine to its customer for making them satisfy and enticing them to drink this wine again. Market Analysis and Competitors: Due to the economic downturn of 2008, the Virginia wine industry has seen a decline, because people became hesitant of buying the product for their luxury. Due to this reason, the competitors have cut down their prices because they do not want to lose their market share (Full Glass Research, 2011). However, Echeverry Vodka has decided to launch itself because it is predicted that the wine industry will increase by 11% in the year 2013, and revenues of this industry will increase up to $49 billion. The popularity of mixed drinks is rapidly increasing in the market and consumer’s spending for non-d urable goods has increased more than 6% therefore, company has an opportunity to launch itself at this stage. The main competitors of Echeverry Vodka are Absolut Vodka and Smirnoff because the rates these competitors are offering is similar to the rates of Echeverry Vodka (ABC, 2012). Financial Objective The Financial Objectives that Echeverry Vodka Company will follow are as follows: Every quarter the company