Approval Letters Essay Example for Free

Approval Letters Essay SAE-UMP Chapter Shell Eco-marathon Asia 2013 Team. 1) Nik Fadhil B Nik Mohammed 24-Jul-1990 23 Year Old EC09051 (Yr. 4) Bachelor of Electrical Engineering (Power System) Faculty of Electrical and Electronics Engineering 2) Muhammad Hisyamuddin b Jaafar 11-Jan-1990 23 Year Old MH09014 (Yr. 4) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 3) Wan Nurul Syahirah Binti Wan Lanang 15-May-1992 21 Year Old FB11041 (Yr. 2) Bachelor of Mechatronics Engineering Faculty of Manufacturing Engineering 4) Mohd Najmi Bin Harith 19-Aug-1992 21 Year Old MH11099 (Yr. 2) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 5) Muhammad Taufiq Bin Taha 6-Feb-1992 21 Year Old FA11025 (Yr. 2) Bachelor of Manufacturing Engineering Faculty of Manufacturing Engineering 6) Nur Aisvah Binti lsmail 2-Jan-1992 21 Year Old MH11062 (Yr. 2) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 7) Muhammad Haziq Bin Mazlan 4-Sep-1992 21 Year Old MH11042 (Yr. 2) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering ) Muhammad Najmuddin Bin Moskori 13-Nov-1992 21 Year Old MH11020 (Yr. 2) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 9) Wan Muhamad lzzudin Bin Wan lbrahim 4-Nov-1992 21 Year Old MH11038 (Yr. 2) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 10) Loo Fu Hong 6-Dec-1991 22 Year Old MC12051 (Yr. 2) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 11) Mohd Firdaus Bin Mohd Rosli 20-Nov-1989 24 Year Old MH09086 (Yr. 4) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 12) Mohammad Hanif Bin Rameli 11-Sep-1992 21 Year Old MH11032 (Yr. 2) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 13) Tang Shuen Cherng 15-March-1992 21 Year old FB12056 – (Yr. 2) Bachelor of Mechatronics Engineering Faculty of Manufacturing Engineering 14) Muhammad Khaidir B Azman 24-March-1994 19 Year Old MB12061 – (Yr. 1) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 15) Muhammad Nabil Fikri B Mohamad -Dec-1993 20 Year old MA12070 – (Year 1) Bachelor of Mechatronics Engineering Faculty of Manufacturing Engineering 16) Nor Arina Binti Ali Kangsa 4-Jan-1992 22 Year Old MH11090 – (Year 2) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 17) Wan Amir Haziq B. Wan Mohd Pandi 15-July-1994 19 Year Old MB12056 Bache lor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 18) Ng Yee Shian 25-April-1992 21 Year Old MC12054 – (Year 1) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 9) Raja Imran Shah B. Raja Badrin Shah 24-Apr-1992 21 Year Old MH11036 (Yr. 2) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 20) Muhammad Aiman Safwan B. Jubri 11-Jan-1994 19 Year Old MB12068 – (Year 1) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 21) Ng Wei Ming 21-Jan-1992 21 Year Old MC12056 – (Year 1) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 22) Nor Fadilah Binti Ahmad 19-June-1991 22 Year Old MH11097 – (Year 2) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 23) Lee Shun Jian 25-June-1992 21 Year Old FB12043 – (Year 1) Bachelor of Manufacturing Engineering Faculty of Manufacturing Engineering 24) Chan Chao Shiung 24-August-1989 FB12061 – (Year 1) Bachelor of Manufacturing Engineering Faculty of Manufacturing Engineering 25) Mohd Aiman Bin Mahusin 19-Jan-1990 MH09068 (Yr. 4) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 26) Mohd Amiruddin Bin Alias 14-Jan-1992 MH11076 (Yr. 2) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 27) Nurul Hasnah binti Awang 24-May-1992 FB11011 (Yr. 2) Bachelor of Mechatronics Engineering Faculty of Manufacturing Engineering 28) Muhamad Syazwan Bin Zolkafli 6-Jul-1991 MH11074 (Yr. 2) Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering 29) Che Wan Abdul Rashid Bin Che Wan Hitam 14-Jan-1992 MH11015 – Yr 2 Bachelor of Mechanical Engineering with Automotive Engineering Faculty of Mechanical Engineering

Employment Law Problem Question

Employment Law Problem Question Title: EMPLOYMENT LAW : In undertaking this essay, the writer will; identify the issues involved in Julia’s case scenario, define and explain those issues using relevant Law whilst applying them to Julia’s case. The writer will subsequently advice Julia and then conclude. The legal issues identified in Julia’s case are; contract of employments and their variation, victimisation, wage deduction, breach of contract and available remedies such as unfair dismissal, constructive dismissals and wrongful dismissal. ‘A contract of employment is an agreement entered into by an employer and an employee under which they a have certain mutual obligations. They may be oral or written and may be indefinite or for fixed terms’[1]. There’ an offer and acceptance supported by consideration. Offer usually coming from the employer and acceptance may be by conduct i.e. turning in for work[2]. It follows that Julia entered into a contract of employment on turning up to work with Silkos in March 2004. The holiday term may not have been agreed by her at this time but where there is ambiguity as to the contract, the courts look at an advertisement and letter of appointment to spell out terms of the contract or to decide terms agreed as in Deeley v British Rail Engineering ltd[3] (and Pedersen b Camden London Borough)[4]. Julia may rely on the advertisement and any willing witnesses to their agreement on the issue of holiday. Practice of the parties are relevant to the courts, In Dunlop Tyres Ltd v Blowers[5], the practise of paying treble time existing over 30 yrs were considered. The law requires that a written statement of terms be given to the employee within two months of starting work (as provided by The Contracts of Employment act 1973 and employment protection rights act 1996 (ERA)). Julia’s employer breached this rule, by being a month late to provide the statement, and only after Julia’ grievance process. The statement must contain names of employer and employee, date of commencement of employment, brief description of the work, remuneration details, holidays, sickness coverage, pension rights, notice, disciplinary process e.t.c To vary any contract there must be express or implied consent from both parties but it must be supported by consideration. Conduct may suffice from employee working under altered conditions. Flexibility clauses such as ‘the employee will perform such duties as are from time to time assigned to him by the board of directors or managing director’[6] are to legally aid employers and employees in varying terms without legal problems, without these clauses, Donaldson LJ’s remarks in Janata Bank ldt v Ahmed[7], that ‘the continuously changing contract is unknown to law’[8] Establishing variation is important and different from ending a contract, if an employer on his own enforces a variation without an employees consent, he breaks the contract of employment, and the employee is free to choose whether to accept the fundamental breach, and resign, or to carry on working and seek damages as was the case in Burdett-coutts v Hertfordshire[9]; Rigby v Ferodo ltd[10]. Julia may decide to end her employment this way as she may argue that she had not consented to the holiday term and the deduction/variation of her wages and working conditions. It was held in these cases- Jones v associated Tunnelling Co. ltd[11]; Courtaulds Northern Spinning Ltd v Sibson and TGWU[12]; Aparau v ICELAND Frozen Foods plc[13] that failing to object to disadvantageous statement of terms is not acceptance of them especially where the terms are of no immediate practical importance. It suffices that even though Julia has been silent on the issue of the four week holiday, she has not accepted the term, but her conduct may imply that she consents. for example, she has worked for two years and must have taken annual holidays, this may be viewed as consent but she could still argue that she was not able to start another grievance process because she is feels victimised having done so in the past. If terms are not agreed, the tribunal may confirm details given, amend or replace contract terms by substituted particulars as held in Mears v Safe car Security Ltd[14] and supported by the EPCA 1978, s 11, this power cannot be extended to holiday, holiday pay, sick pay, pensions or disciplinary rules where none existed by agreement between the parties because there is no requirement to include this in the contract, as held in England v British Telecommunications plc[15]. Julia is still protected by her statutory rights regarding these benefits. If a deduction of wage has been made without employee’s consent, this is regarded as a fundamental breach of contract and termination of the same as held in Hogg v Dover College[16]. Following this, the Julia may claim termination if her wage has been deducted without her consent. In Horrgan v Lewisham London Borough Council[17], Arnold J,said: ‘It is fairly difficult†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦..and it is very necessary if one is to do so, to have very solid facts which demonstrate that it was necessary to give business efficacy to the contract,†¦. way of variation’[18].Silko’s may rely on this provision but will fail on the manner in which they are seeking to make the variation. In Marriot v Oxford and District Cooperative Society[19], Lord Denning MR found that ‘†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. By insisting on new terms to which he never agreed, the employer did..†¦. terminate the old contract of employment’. ‘†¦.case law suggests that employers must make it clear that he is terminating one contract and offering another, otherwise there is a risk that the employee can claim in the courts of tribunals’ rights forgone under the old arrangement’[20]. It is arguable that by seriously changing the terms of Julia’s wages and responsibility, the employer may have brought an end to her employment. In Sheet Metal Components ltd v Plumridge[21], Sir John Donaldson said; ‘ the courts have rightly been slow to find that there has been a consensual variation where an employee has been faced with the alternative of dismissal and where the variation has been adverse to his interests’, the same is the situation in Norwest Holst Group Administration Ltd v Harrison[22].Julia may strongly rely on these provisions. In Burdett-Coutts v Hertfordshire County Council†¦ an employer may end a contract by breach when seeking to vary the terms; the courts may interprete this as dismissal. The House of Lords in Rigby v Ferodo Ltd[23]established that the employee must consent to termination, and reduction of wages is not automatic termination. Also in Miller v Hamworthy Engineering Ltd[24] . It is therefore advisable for employers to give proper notice to terminate one contract, before offering another, not doing so-as in Julia’s case- carries risk of an employee claiming for unfair dismissal. ‘It is implied into a contract of employment that an employer will provide and monitor for employees, so far as is reasonably practicable, a working environment that is reasonably suitable for the performance by them of their contractual duties’[25]. So in Waltons and Morse v Dorrington[26] it was held that an employer must not act in such a way as no reasonable employer would act’[27]. This case is supported by Clark v Nomura International plc[28], and Johnston v Bloomsbury Health Authority[29] and walker v Northumberland county council[30]. It appears that the employer has breached this implied contract term by ‘copying’ Julia’s grievance issue. It is also implied into a contract of employment that an employer must take any action having regard to avoid ‘either imposing workload on the employee or acquiescing in the assumption by the employee of workload that was reasonably foreseeable may cause physical or mental injury’ Marshall specialist vehicles ltd. V Osborne[31]. This is clearly breached by increasing the expectation to meet the same targets with less number of people in her team e.t.c. Express and implied terms must be capable of coexistence in the contract without conflict (Johnstone v Bloomsbury Health Authority[32], Aspen v Webs Poultry and meat group (Holdings) ltd[33].Julia’s express term of three week holiday is not in compliance with her statutory right to a four week minimum, as other implied terms can be excluded except if there is any statutory restraint, such as the rights to guarantee pay, equal pay, notice and maximum working hours. Section 27 of the ERA 1996 defines ‘wages’ as any sums payable by the employer to the worker in connection with the employment including ‘any fee, bonus, commission, holiday pay or other emolument referable to his employment, whether payable under his contract or otherwise’[34].. A deduction of wages includes a failure or refusal to pay the amount agreed to be paid in exchange for employee’s work, Delaney v Staple[35] regardless of reason McCree v Tower Hamlets London Borough Council[36]. Even though Silko’s will breach the employment contract between her and Julia’s if her wages are deducted for valid economic reason. They must seek her consent in written form to obtain deduction. In Discount Tobacco and Confectionery Ltd v Williamson[37] ,a retail case where it is permissible to reduce only a tenth of their daily wages with consent on missen items in the shop,It was held that the employers could deduct only in relation to the last event where consent was given. Potter v Hunt Contractors ltd[38] and Fairfield ltd v Skinner [39] It is illegal to contract out of this provision. The working Time regulation 1998 came into force on 1 October 1998 and was designed to achieve, ‘a better balance between work and home’, ‘greater choice over hours of work’ and ‘improvement in health’[40].Regulation 13 of provides annual leave of four weeks minimum. It allows a worker to complain if he suffers action short of dismissal for pursuing his entitlement, and unfair dismissal is also available on the same principle. Julia may pursue her holiday rights following this. According to Sex Discrimination Act 1975,s4(1)’ RRA 1976, s 2(1)’Unlawful victimisation arises where a person is treated less favourably because he; brings proceedings, gives evidence or information, alleges a contravention or otherwise acts under the equal pay, sex discrimination or race relations acts or intends to do any of these things’[41]. To succeed in a claim of victimisation the applicant must show that one of the acts above done by the applicant-such as bringing an earlier complaint of discrimination- has influenced the alleged victimiser in his unfavourable treatment of the applicant as was held in Aziz v Trinity Taxis ltd[42]. In Nagarajan v London regional transport[43] , His motives are unimportant according to the House of Lords. Julia may seek redress under this provision on the basis that she was victimised because she instigated grievance proceedings in trying to assert her rights to her statement of particulars. She was made aware of her disadvantage for asserting these rights. In Lindsay v alliance and Leicester plc[44], a person had made an application for promotion and had instituted a grievance on grounds unconnected with the Race Relations Act 1976. Chief constable of west Yorkshire police v khan[45] and commissioners of Inland Revenue v Morgan[46]. According to the acas paper, ‘consultation on the draft employment equality (age) regulations 2006 (July 2005)[47], firstly an action is taken, such as a complaint or allegation and secondly the person is treated less favourable because of such an action. Julia qualifies to claim victimisation on the basis of this provision. Clearly, there have been significant breaches in Julia’s employment with Silko’s in ; her statutory rights to receive statement of particulars within two months, holiday rights, potential variation/termination of her contract with regards to reduction of team members and wages, victimisation for asserting her statutory rights e.t.c. For all these breaches Julia is entitled to redress in the civil courts or the employment tribunals, in the form of damages for unfair dismissal and or wrongful dismissal by reason of constructive dismissal, redundancy e.t.c. The Employment rights Act 1996, the Employment Act 2002 and The Employment Equality (Age) Regulations 2006 cover unfair dismissal. Basically employees can be dismissed unfairly. Qualification for this right is by a working period of a year with the employers but there are exceptions, where; dismissal is connected to trade union membership or activities (Trade Union and Labour Relations (Consolidation) Act 1992) pregnancy of childbirth, maternity, adoption, paternity or parental leave, asserting a statutory right, claiming the national minimum wage and asserting rights under the working time regulations. From these provisions, it is obvious that Julia qualifies for a claim on both the basis of a year qualification and automatically unfair reasons. The act mentions fair reasons for dismissals as; capability or qualifications, conduct, redundancy, illegality or contravention of a statutory duty and some other substantial reason. There is no fair reason to dismiss Julia it appears. An employer must act fairly and reasonably in dismissing an employee or may be faced with a successful claim for unfair dismissal regardless of fair reason for dismissal. The employers have not satisfied either of these criteria in Julia’s case. A constructive dismissal occurs when an employee leaves a job but then claims that their employers left them no choice but to do so, either by their actions or by implication. It is an unfair dismissal claim but the employee must prove that their employer’s behavior caused them to end the contract. Julia has every reason to institute unfair dismissal claim by reason of constructive dismissal because of the behavior of her employers. According to the trade union and labour relations consolidations act 1992, it is automatically unfair to dismiss an employee if they ‘indicated that they supported or did not support recognition of a union (or unions)’[48], clearly Julia did not support the union and may argue- on application for unfair dismissal- that she was victimized for this reason. If an employee proves this behavior, the employer becomes guilty of wrongful dismissal and if unable to prove that the forced dismissal was fair, they become liable for unfair dismissal too. Statutes now suggest that the employee must raise a grievance at least before bringing the claim to the tribunal, which would eliminate constructive dismissal and warn the employers.[49] Wrongful dismissal claim is for a breach of contract and can be brought by any employee, and only requires one month employment. Notice is required but depends largely on how long an employee has worked. After one month it is a week’s notice, after two years, it is one week’s notice for each complete year to a maximum of twelve weeks on and after twelve years. The remedies for unfair dismissal are reinstatement, re-engagement and compensatory award. Compensatory claim has two components, the basic award which takes the age of the employee into question and has no minimum limit and the compensatory award which provides what is just and equitable as compensation, having regard to the loss suffered as a result of dismissal. It is now a maximum of 55,000 pounds, but in dismissals rendered unfair under the public Interest Disclosure Act 1998, there is no limit.[50] For wrongful dismissal, the remedy are for breach of contract and is usually the [51]wages and benefits that the employee would have earned if due notice had been given (Radford v De Froberville[52], Shove v Downs Surgical plc[53]. The writer advices that Julia may firstly use the grievance procedure agreed on her contract first, but only if she feels comfortable with so doing, if not-and from the case scenario, it seems not- she still has a strong case for unfair dismissal regardless of the fact that she is ‘uncomfortable’ using the agreed grievance procedure-the tribunal will her reasons for ‘discomfort’ favorably. The suggested grievance procedure is taken favorably into account in granting awards for damages. The writer will also advice her that compensatory award for damages in the case of an unfair dismissal claim is more generous than for wrongful dismissal and she may apply on the basis of constructive dismissal because if successful-and it appears she will-the employer will be unable to prove that the dismissal was fair, and will incur damages for unfair dismissal. Damages are then awarded. She chooses between the employment tribunal and the civil courts, but the writer suggests she pursues this through the tribunal because of its less rigid procedures and costs. She must keep all records from the time of employment till the time of making the application, she must also be aware that there are time limits for bringing the claim to the tribunal but a generous time limit is given by the civil courts. The earlier the better for her because records and evidence do change. Bibliography Books A.McColgan, Discrimination Law; text, cases and materials 2nd edition P.CHANDLER, Wauds Employment Law: The Practical Guide for Human Resource 14th edition, J.Bowers, A practical approach to employment Law, seventh edition, oxford university press, New york,2005 G.Duddington,. John, Employment law, Pearson Education, 2003 GOULD, T. (2007) Unfair dismissal: a guide to relevant case law. 25th ed. London: LexisNexis Butterworths. GUINAN, G. (2007) Do dismissals by the book. People Management. Vol 13, No 18, 6 September. p22 Journal articles Vorste, G. School staff sacked for tying up student in classroom, published 15 February 2008 14:24 Consultation on the draft, Employment Equality (Age), Regulations 2006 Internet resources Writer unknown, Previous misconduct counts in dismissal decisions, viewed on 18 February 2008 11:00 http://www.personneltoday.com/articles/2008/02/18/44427/case-of-the-week-previous-misconduct-counts-in-dismissal-decisions.html Writers unknown, employment law resources for practitioners, viewed 18 February 2008 14:00,http://www.cipd.co.uk/subjects Writers unknown, employment law resources for practitioners, viewed 18 February 2008 15:00http://www.hrmguide.co.uk/hrm/steele/index-2007.htm Writers unknown, employment law resources for practitioners, viewed 18 February 2008 17:00http://www.hrmguide.co.uk/hrm/steele/index-2007.htm Writers unknown, employment law resources for practitioners, viewed 18 February 2008 14:00 http://books.google.co.uk/ Writers unknown, employment law resources for practitioners, viewed 18 February 2008 14:00http://www.berr.gov.uk/files/file16397.pdf [1] http://www.berr.gov.uk/employment/employment-legislation/employment-guidance/page16161.html [2] J.Bowers, A practical approach to employment Law, seventh edition, oxford university press, New york,2005,p.45 [3] 1979) IRLR 5, [4][1981] IRLR 173 [5] 920010 IRLR 629 [6] Op. cit. [7] [1981] IRLR 457 at para 50 [8] (see parry v Holst and co.ltd.(1968) 3 ITR 317, Dal v A.A. Orr [1980] IRLR 413). [9] CC[1984] IRLR 6 [10] [1987] IRLR 516 [11] [1981] IRLR 477 [12] [1988] IRLR 305 [13] [1996] IRLR 119 [14] [1982] IRLR 183 [15] [1993] IR 644 [16] [1990] ICR 39 [17] [1978] ICR 15 EAT [18] Op.cit. [19] (no.2) [1970} 1 QB 186 [20] J.Bowers, A practical approach to employment Law, seventh edition, oxford university press, New york,2005,p.46-49 [21] [1974] ICR 373 [22] [1984] IRLR 419 [23] [1987] IRLR 516 [24] [1986] ICR 846). [25] J.Bowers, A practical approach to employment Law, seventh edition, oxford university press, New york,2005,p.46-49 [26] [1997] IRLR 488 [27] J.Bowers, A practical approach to employment Law, seventh edition, oxford university press, New york,2005,p.46-49 [28] [2000] IRLR 766 [29] 1991] IRLR 188 [30] [1998] IRLR 35 [31] [2003] IRLR 672 [32] [1991] RRLR 118[1991] ICR 269 [33] p1996] IRLR 521 [34] J.Bowers, A practical approach to employment Law, seventh edition, oxford university press, New york,2005,p.80-81 [35] 199] IRLR 112, CA [36] [1992] ICR 99 [37] [1993] ICR 371 [38] [1992] ICR 337 [39] 1992] ICR 836 [40] http://www.acas.org.uk/index.aspx?articleid=806 [41] Discrimination Law: Text, Cases and Materials By Aileen McColgan [42] 1988] ICR 534 [43] ( [1999] IRLR 572 [44]200 ICR 1234 [45] [2001] IRLR 830 [46] 2002] IRLR [47] consultation on the draft employment equality (age) regulations 2006 (July 2005) [48] http://www.berr.gov.uk/employment/employment-legislation/employment-guidance/page16161.html [49] ibid [50] J.Bowers, A practical approach to employment Law, seventh edition, oxford university press, New york,2005 page392-394 [51] Ibid. Pg page299 [52] (1977) 1 WLR 1262 [53] (1984) IRLR 17

Animal Farm, by George Orwell Essay -- Animal Farm Essays

The main purpose of satire is to attack, and intensely criticise the target subject. This is superbly carried out in the classic piece of satire, Animal Farm. The main targets at the brunt of this political satire are the society that was created in Russia after the Bolshevik Revolution of 1917, and the leaders involved in it. George Orwell successfully condemns these targets through satirical techniques such as irony, fable, and allegory. The immediate object of attack in Orwell's political satire is the society that was created in Russia after the Bolshevik Revolution of 1917. The events narrated in Animal Farm obviously and continuously refer to events in another story, the history of the Russian Revolution. In other words, Animal Farm is not only a charming fable ("A Fairy Story," as Orwell playfully subtitles it) and a bitter political satire; it is also an allegory. The main target of this allegory is Stalin, represented by Napoleon the pig. He represents the human fr ailties of any revolution. Orwell believed that although socialism is a good ideal, it could never be successfully adopted due to uncontrollable sins of human nature. For example, although Napoleon seems at first to be a good leader, he is eventually overcome by greed and soon becomes power-hungry. Of course Stalin did too in Russia, leaving the original equality of socialism behind, giving him all the power and living in luxury while the common pheasant suffered. Orwell explains: â€Å"Somehow it s...

George Washington :: Essays Papers

George Washington The genetic disorder I was told to research was the Sickle Cell Disease. I will explain what mutation causes this disease, the characteristics of it, and what has developed in the area of gene therapy because of it. The Sickle Cell Disease is an inherited disease. The gene for hemogoblin-S (which causes the disease) is the most common inherited blood condition in America; although most people only inherit one copy of the gene for HbS, while the other gene, hemogoblin-A, is normal, and can override HbS, blocking the disease. These people have the HbS trait, but not the disease, therefore leading a normal life. For an offspring to acquire the disease, both parents must have the HbS gene, yet the child only has a 25% chance of having Sickle Cells. You cannot catch the disease, you are born with it and it is present for life. There are many complications and harmful effects as the result of the Sickle Cell Disease. The disease causes hemoglobin in the red blood cells, when it does not receive sufficient oxygen, to form into long, sickle shapes with a sticky, chemical surface. When blood cells are this form, they cannot go through the capillaries, blocking off both blood and oxygen. Fortunately only 20% of all red blood cells become Sickle Cells; t he sickle cells have a shorter life span; and most blood cells go through the capillaries before becoming sickle-shaped. The most painful effect known from Sickle Cell Disease are episodes of pain called Sickle Cell Crisis, where the body is in need of oxygen, either from physical activities or a sickle blood cell blocking blood passages that lead to organs. The first day is the worst, where devastating pain goes to the arm, leg, and back, along with the shortness of breath. The other symptoms of Sickle Cells include: strokes, increased infections, early gallstones, yellow discoloring of eyes and skin, low blood cell counts (anemia), and delayed growth. For the cause of the Sickle Cell Disease, there has been many research going on in the area of gene therapy. Labs around the world are trying to fix the basic genetic defect, by placing the correct amino acid in the hemogoblin before or shortly after birth. This method would result in the cure of the root of the problem. Currently researchers are finding a safe way to perform this method. To try

Racism in To Kill A Mockingbird :: essays research papers

Racism presents itself in many ways in the town of Maycomb. Some are blatant and open, but others are more insidious. One obvious way that racism presents itself is in the result of Tom Robinson’s trial. Another apparent example is the bullying Jem and Scout had to endure as a result of Atticus’s appointment as Tom Robinson’s defense attorney. A less easily discernible case is the persecution of Mr. Dolphus Raymond, who chose to live his life in close relation with the colored community. Tom Robinson’s trial, and in fact his entire life, was badly affected by racism. It is truly a testament to the corruption of society when a person who has earned a bad reputation is held in higher esteem than a person who was born with it, as is the case with Bob Ewell and Tom Robinson. Even though Tom was obviously honest in his testament, the jury sided with Bob Ewell because he was white. They made this decision despite the fact that the Ewell family was widely known to be a worthless part of society. Jem, not being racially prejudiced, could not understand this mentality. As Atticus pointed out, â€Å"If you (Jem) had been on the jury, son, and eleven other boys like you, Tom would be a free man.† The hatred that the citizens of Maycomb felt towards the black community extended to anyone who became involved with them, especially the Finch family because Atticus was appointed to defend Tom Robinson. Scout and Jem suffered the most from this hatred because their peers were children, who are nearly always less candid than adults. Most of the people who were unhappy with Atticus would just try to keep away from him, which was bad enough. The children however, verbally abused Scout and Jem. Scout responded to this with physical violence, even though it was discouraged by her father. The sad thing is that they were mistreated even by members of their family, like Scout’s cousin Francis. Mr. Dolphus Raymond is another character who suffered from Maycomb’s racism. He was a respected, wealthy member of the community, but then he chose to live with the black community. This was considered a felony by the inhabitants of Maycomb. He knew they would never be able to understand his choice, so he made it easier for them by pretending to be the town drunk.

A Description of an Ethical Dilemma Essay

An Ethical dilemma is a complex situation that often involves an apparent mental conflict between moral imperatives, in which to obey one would result in transgressing another. This is also called an ethical paradox since in moral philosophy, paradox often plays a central role in ethics debates. Ethical dilemmas are often cited in an attempt to refute an ethical system or moral code, as well as the worldview that encompasses or grows from it.[citation needed] The term dharmasankat is used in Indian philosophy to represent a moral or ethical dilemma. Etymologically, dharma can mean morality, sense of justice, code of conduct, law and other similar concepts; sankat implies a trouble or problem. These arguments can be refuted in various ways, for example by showing that the claimed ethical dilemma is only apparent and does not really exist (thus is not a paradox logically), or that the solution to the ethical dilemma involves choosing the greater good and lesser evil (as discussed in value theory), or that the whole framing of the problem is omitting creative alternatives (as in peacemaking), or (more recently) that situational ethics or situated ethics must apply because the case cannot be removed from context and still be understood. See also case-based reasoning on this process. An alternative to situational ethics is graded absolutism. Perhaps the most commonly cited ethical conflict is that between an imperative or injunction not to steal and one to care for a family that you cannot afford to feed without stolen money. Debates on this often revolve around the availability of alternate means of income or support such as a social safety net, charity, etc. See more:  The 3 Types of Satire Essay The debate is in its starkest form when framed as stealing food. In Les Misà ©rables Jean Valjean does this and is relentlessly pursued. Under an ethical system in which stealing is always wrong and letting one’s family die from starvation is always wrong, a person in such a situation would be forced to commit one wrong to avoid committing another, and be in constant conflict with those whose view of the acts varied. However, there are few legitimate ethical systems in which stealing is more wrong than letting one’s family die. Ethical systems do in fact allow for, and sometimes outline, tradeoffs or priorities in decisions. Some[citation needed] have suggested that international law requires this kind of mechanism to resolve whether World Trade Organization (WTO) or Kyoto Protocol takes precedence in deciding whether a WTO notification is valid. That is, whether nations may use trade mechanisms to complain about climate change measures. As there are few economies that can operate smoothly in a chaotic climate, the dilemma would seem to be easy to resolve, but since fallacious justifications for restricting trade are easily imagined, just as fallacious justifications for theft are easily imagined at the family level, the seemingly obvious resolution becomes clouded by the suspicion of an illegitimate motive. Resolving ethical dilemmas is rarely simple or clearcut and very often involves revisiting similar dilemmas that recur within societies: According to some philosophers and sociologists, e.g. Karl Marx, it is the different life experience of people and the different exposure of them and their families in these roles (the rich constantly robbing the poor, the poor in a position of constant begging and subordination) that creates social class differences. In other words, ethical dilemmas can become political and economic factions that engage in long term recurring struggles. ‘See conflict theory and left-wing politics versus right-wing politics. Design of a voting system, other electoral reform, a criminal justice system, or other high-stakes adversarial process for dispute resolution will almost always reflect the deep persistent struggles involved. However, no amount of good intent and hard work can undo a bad role structure: Roles within structures Where a structural conflict is involved, dilemmas will very often recur. A trivial example is working with a bad operating system whose error messages do not match the problems the user perceives. Each such error presents the user with a dilemma: reboot the machine and continue working at one’s employment or spend time trying to reproduce the problem for the benefit of the developer of the operating system. So role structure sabotages feedback and results in sub-optimal results since provision has been made to actually reward people for reporting these errors and problems. See total quality management for more on addressing this kind of failure and governance on how many ethical and structural conflicts can be resolved with appropriate supervisory mechanisms.

Remember the Titans Review Essay

The movie Remember the Titans is one of the most inspiring sports movies in recent memory.. This is due to the performances of Denzel Washington as well as others in the cast but   its success can also can be attributed to the fact that the story was based on real life events. As is the case with most movies, those that are based on fact, no matter how loosely, usually seem to add to the drama that mindless action movies which are big on special effects and small on acting and story. Remember the Titans is not one of those movies because the racial tensions that were associated with busing and school integration in the last 1960s’ and 1970’s was one of the divisive sources during that time. For a young, contemporary society, it may seem difficult to be able to successfully transplant oneself into that specific time and place and to wonder aloud, what the entire situation was all about. There were tensions that came from the mixing of the two teams, regardless of their color.   Many players at T.C. Williams were counting on a starting spot for the football team, only to have many of the positions challenged due to the integration of the school. Due to the fact that the school that is being meshed into T.C. Williams is a predominately African American school, with the setting of the story taking place in 1970 Virginia, only adds to the frustrations on the part of the athletes from both schools. This reality places a stress on the already fragile relationships that the white and black players as well as students have for each other. However, in the end, the story has a happy ending and the school not only successfully integrates, but has one of their most successful years on the football field.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   One of the major sources of debate within Titans is the way in which Herman Boone receives the head coaching job at T.C. Williams.   The school has been integrated and the football team, a bastion of relief and excitement for the masses in Alexandria, Virginia. Within the movie, it is plainly seen that the majority of white students and their families are not in favor of the integration of the school. What is the source of even more resistance is the fact that Herman Boone, not because of his merit but simply because of his race, is being made head coach over the current coach, Bill Yoast who has had his share of awards given to him for his splendid coaching record in the past. The school board feels that this is the appropriate choice to make as they believe that it will help the town to ease into the idea. This is not ethically right or proper. There is not way of knowing exactly how well the team would have fared if the coaches were picked on their merit instead of on race, but it seems that as long as starting positions on the field were earned by the physical and mental merit of the players, so too should the coaches be made to honor the idea of creating a meritocracy as well.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   What is not acceptable and is seen as the central aspect of the movie, are the relationships between the players from both of the schools. At first, many of the players on both sides did not want to befriend their competition with regard to the specific starting position that they were hoping to earn but also their competition in society as well. It is the efforts of Julies and Bertier, the leaders of their respective former schools and therefore, is divided by racial lines, which help to make the transition from two separate teams into one a bit easier. The two characters are very forceful on the football field as it is required to remain successful but they are also equally as forceful with regard to the integration of their fellow teammates. Both are resistant to the experiment by once they get on board with the idea, the rest are sure to follow. This is the true sign of a leader but also of the team recognizing the fact that they need to come together as a team in order to win. Cohesiveness of a team is what every coach strives to achieve. The second source of calm and rational thinking in the face of a situation that many on the team might respond to with hatred and bigotry, comes from Coach Boone and Coach Yoast. Yoast will eventually see the bigger picture and swallow his own feelings of mistreatment and submit to the will of the school board and usually, to the will of coach Yoast. He had such a stellar coaching record because he knew how to win. The same can be said about Coach Boone as well. He does not like the situation in which he was picked to coach T.C. Williams but he resolves that this is not only good for his career in the long run, but for the cohesion of the entire community as the football team serves as the center of life in Alexandria, Virginia. In the special features, the real coaches are shown talking as old friends and there is nothing to suggest that is not the case in real life. But the relationship of the two coaches, as was the case with the players, was a contentious one. Race obviously played a central role in the actions of the T.C. Williams football team. People are a product of their environment and Alexandria, Virginia expressed loudly, their feelings about the forced integration of their school as well as the football players did the same. But Coach Boone and Yoast as well as the majority of football players on the team realized what it took to win.   All had enjoyed winning seasons before the integration of the school. Had the teams never enjoyed victory and never yearned for success within their daily lives, there might have been little hope for this experiment to have succeeded. Only those living there at that time can accurately describe what life was really like during those times but the ethical behavior of the majority of players as well as their recognition of what it takes to win in this life, eventually became the paramount reason as to why the team went on to have a successful season and racial strife within the team unity could only be seen as a speed bump if they wished to continue to win. WORKS CITED Bruckheimer, Jerry.   Remember the Titans. Buena Vista. 2000