Historical Background of Contemporary Labor Law Individual Assignment Research Paper

Historical Background of Contemporary Labor Law Individual Assignment - Research Paper Example The board’s decision to punish the employer under section 8(a) (1) was not approved by the court of appeal when the employer did appeal. This decision was taken to the Supreme Court, which granted certiorari and set a stage for oral argument together with Garment Workers v. Quality Mfg. Co., 420 U. S. 276. The case was ruled in favor of the board in 1975 the judge based his ruling on the fact that section 7 has a provision for statutory right of any employee to reject submitting to his or her employer in the absence of representation from the union if he reasonably has fears that this interview will lead to him or her being punished. This case was held in essence of there being a permissible construction of some form of concerted activities, which needed mutual protection that the employee was denied. An employee pursuing representation from the union has the responsibility of representing the entire labor union. The Supreme Court believed some of the cases ruled in the past h ad flaws when compared to cases arising in the current context. The Weingarten right has been extended to those employees without labor union considering that there is need to be represented by a third party who has no stake in the issue at hand for both parties as seen in Epilepsy Foundation of Northeast Ohio, 331 NLRB No. 92, 676 (2000). One of the most serious issues that the labor law seeks to guard against is the employment of minors within any form of work structure. Use of child labor in production of goods was prohibited to such an extent that even transportation and sale of such goods was to be made illegal. This was expressed under the Act of September 1, 1916, c. 432, 39 Stat. 675. This Act was however seen as being unconstitutional since it was deemed to overshadow the commerce power that Congress enjoys and interfering with such powers that is a reserve for the state. This could be well illustrated in Hammer v. Dagenhart, 247 U.S. 251 (1918) case. A certain bill had bee n filed by a father on his behalf and also as a representative of his two sons who were minors who were employee at the Cotton Mill at Charlotte in North Carolina in view of enjoining the use of Act of Congress with the intention of averting the interstate exchange of goods from child labor. It was held by the district court that the Act was quite unconstitutional and thus entered a decree that enjoined the enforcement. This ruling was based on the fact that this was not in any way meant to regulate the foreign commerce and interstate business practices; that this Act contravened the constitution through the Tenth Amendment; and that it actually does conflict with the Fifth Amendment (Justia). As seen in the case of Gibbons v. Ogden, 9 Wheat. 1, the judge ruled on the issue of commerce powers as opposed to prohibition. The powers of commerce were limited to prescribing the rule to govern commerce but not forbidding commerce from interstate transportation of commodities. This was how ever contrary to adjudged cases in the same court which had held that the regulation powers which were given to Congress did include prohibition authority when it comes to movement of such goods. The interstate transportation was only necessary in meeting harmful results which could only be achieved through forbidding use of those facilities which were used in production of such products considered as harmful. The

EMERGING MARKETS Essay Example | Topics and Well Written Essays - 2000 words - 1

EMERGING MARKETS - Essay Example Banks were mostly publicly owned, although capital markets were allowed. Currently, India`s financial system is the most established in the emerging market economies. The financial systems of both countries are dominated by banks. For instance, China`s industrious savers have no choice to formal banking system. On the contrary, a significant number of Indians distrust banks but they have a preference to amass gold and real estate properties as an alternative. In addition, both governments need banks to serve social objectives, but the Indian government is more translucent concerning the shared results being worth the expense. Banks whether private or public must meet objectives for countryside access to banking services and loaning to significance sections and must distribute a needed share of their savings to public sector unions. The Chinese government`s political main concerns are to guarantee steady well-ordered liberalization of openly possessed manufacturers and economic growth adequate to captivate millions of labor force competitors, immigrants, as well as laid off employees every year. Bank loaning is still registered to finance much of this development even as banks are restructured to meet new oversea competition. Bank reforms started in earnest in 1995 when institutions and regulations were transformed to change them into commercial banks (Bosworth and Collins 2007). Practical norms for loaning were introduced, banking, secur ities as well as indemnity supervisors were developed and regulatory principles constricted. Three policy banks were established to carry on policy loaning roles and made regional heads purportedly with sufficient seniority to force bank loaning on credit worthiness criteria. The local banking system of China currently comprises of a considerable number of institutions almost all of which are under the ownership of various

What is normative question and is there a place for normative question Term Paper

What is normative question and is there a place for normative question - Term Paper Example y have the tendency of finding reason for everything they do and observe because they are not automatons who simply will do what they are asked to do. Instead, people have feelings and dreams which drive them to make sense of the things that affect their lives. Philosophers such as Plato, Confucius and Socrates asked various normative questions, trying to find not only the meaning and reason behind the norms but also the meaning and reason of living itself. However, it does not always take a philosopher to ask these questions. Normative questions have been asked even by nameless, faceless children. Normative questions are the opposite of positive questions. While normative questions focus on value, positive questions concentrate on the facts. For instance, normative questions will ask if a norm is good or bad or if it is right or wrong but positive questions inquire about the how the world moves, what is the distance between the moon and the earth or the speed of a falling body. In other words, positive questions spark a person’s interest on things that can be described and measured and answered with proofs such as statistics and experiments. The answers for normative questions on the other hand, are based on experience and general observations. In the world today wherein wisdom and intelligence are equated with knowledge about facts, normative questions are not as desired as positive questions. It seems that more and more people are interested in finding out about facts that science can explain. Many people are abandoning the teachings of religions because they claim that only unquestioning fanatics get fooled by the inaccurate teachings of religions. Stories in the Bible, Qu’ran and other religious books have become mere fairytales which only our â€Å"uneducated† ancestors believed to be true. Those who follow such teachings are not considered bright enough to see that they believe stories made up by men. This then brings the issue whether normative

The Gifts of the Holy Spirit Research Paper Example | Topics and Well Written Essays - 3000 words

The Gifts of the Holy Spirit - Research Paper Example Christians believe in the existence of a single and most powerful superpower. They use the church for worship and education purposes. The church from a Christian point of view is not just the physical building, rather it constitutes the congregation as well as the believe system of the Christians. They are followers of Christ, and therefore do everything according to the teachings of the bible. In order to perform optimally in their activities, Christians are endowed with various gifts. These abilities enable them to perform both general and specialized duties and help each other in different ways. Believably, the gifs come from God and are given by the Holy Spirit to the deserving Christians. It is against this background that this paper provides an in depth analysis of the gifts of the Holy Spirit. It argues that all gifts of the Holy Spirit are for today but some have ceased and are inexistent. To ensure a coherent view, it begins by defining the concept of spiritual gifts. Defining a Spiritual Gift The concept of a spiritual gift is complex and all encompassing. A spiritual gift is akin to spirituals, implying that it belongs to the spirit. In addition to having characteristics of a holy spirit, the gift is controlled by the spirit. Generally, Boice defines it as a special capability given by God which enables Christians to serve the church effectively.1. They are supernatural in nature and Christians need them in order to fulfil different missions in the church environment. They are given graciously by God to any individual He feels can serve the church according to His wishes. From these considerations, individuals who are gifted do not earn the respective gifts. Neither do they deserve them. They are merely given sovereignty and freely by the Almighty God. They are not rewards and therefore everybody is entitled to them. Also worth appreciating is the recognition that all gifts are charismatic in nature. Put differently, all of these are given by God through the Holy Spirit. Based on the preceding explanation, it is certain that humans do not posses these gifts. They can be revoked at any time when God through the Holy Spirit feels that an individual is not using them as expected. They act as an ideal channel that the Holy Spirit uses to minister to the church. Christians in this sense are just instruments that are moulded to fit the spiritual expectations. In order to receive these gifts, the respective human soul needs to exhibit willingness. Only then can they be able to effectively utilize the gifts in line with the Godly expectations. An important characteristic of these gifts pertains to the recognition that they are closely related to natural abilities of an individual. Yet they also have a miraculous characteristic. This distinguishes them from the ‘normal’ abilities that the Christians have. To ensure optimal performance however, one is gifted with a gift that is closely related to his or her natural ability2. The gifts of the Hol y Spirit are for today. They are relevant to the church settings and used by the Christians to benefit themselves as well as the entire church. They can only be recognized and utilized when they are needed. Seemingly, some of the gifts of the Holy Spirit such as apostolic and the gifts of signs have ceased. To a great extent, this is attributable to the recognition that they are no longer needed by the church. The Gifts of the Holy Spirit Apostleship This gift is classified under the leadership category of the gifts of the Holy Spirit. According to Gangel, an apostle is a messenger who is sent by God with orders to deliver to a specific population3. An apostle is delegated authority by God through the Holy Spirit to represent Him in especially a foreign land. Biblically, apostles were the very initial leaders of the Christian church. They were commissioned by Jesus Christ to preach the gospel and ensure that is spreads to the entire globe. In this respect, apostles were a

Wild vs. lab rodent comparison supports hygiene hypothesis Article

Wild vs. lab rodent comparison supports hygiene hypothesis - Article Example This makes sense, since over 58 million Americans have some form of allergies or autoimmune disease (Merritt, 2006). This has been supported by the levels of different types of antibodies found when comparing laboratory rats and mice to those trapped in the wild (Devalapalli et al., 2006). While exposure to fewer microbes in childhood may cause higher levels of allergies, it is also related to positive benefits such as reduced infant mortality and increased longevity (Wills-Karp, Santeliz, & Karp, 2001). Therefore, while reduced exposure to microbes could in fact lead to increased incidence of allergies and auto-immune diseases, as shown by the hygiene hypothesis and the immune responses of laboratory rodents, there is still clear benefit to living in a society that values hygiene. References Devalapalli, A. P., Lesher, A., Shieh, K., Solow, J. S., Everett, M. L., Edala, A. S., . . . Parker, W. (2006). Increased Levels of IgE and Autoreactive, Polyreactive IgG in Wild Rodents: Implic ations for the Hygiene Hypothesis. Scandinavian Journal of Immunology, 64(2), 125-136. doi: 10.1111/j.1365-3083.2006.01785.x Merritt, R. (2006, 16 Jun).

Financial Management and Accounting Assignment Example | Topics and Well Written Essays - 500 words

Financial Management and Accounting - Assignment Example revenues, and expenses attributable to a business that would eventually lead to either a surplus or deficit in the case of a not for profit business. The total profit margin should be used as a metric that is helpful in the assessment of the financial strength of a company. The strength of a company in terms of finances is determined by analyzing the percentage of money that remains after total expenses are deducted form the income of a company. The total profit margin is calculated using the following formula; In a business, there are 2 forms of cash flows; cash inflow, and cash out flow. Cash inflow to a business is the revenue that may is incurred from the normal running of the business. The other forms of cash inflows include dividends that a company receives from investing in other businesses. Cash out flows are the cash amounts that a business uses in the running of the business. They may include the payment of business expenses, acquisition of equipment, and the payment of dividends to shareholders of the business. The cash flow to Brandywine Homecare is $12 million that results from the revenue of the business. The doubling of the depreciation charge as a result of changes in calculation procedures would make it to be equivalent to $3 million. The increase in depreciation charge would make the net income to be less by an amount equivalent to the increase in the depreciation charge. However, the increase in the value of the depreciation charge would not affect the cash flow of the company. This is because depreciation charge is termed as a non cash item and therefore has no effect on the cash flows of the business. If the depreciation expense was reduced by a half, the net profit would increase by an amount equal to the decrease. That means that the depreciation charge would be equal to $0.75 million. The total profit margin would reduce by a half while the cash flow would remain

The Dangers of Genetically Modified Foods Essay Example for Free

The Dangers of Genetically Modified Foods Essay Despite the recent surge in media coverage regarding genetically modified foods (GM foods) many Americans are unaware of what these foods are, or the possible benefits and dangers associated with them. Sometimes referred to as agricultural biotechnology; genetic modifying means that the DNA of food has been altered in some way at a cellular level. Scientists have learned that by inserting the genetic information from one organism into another they can create food crops that grow larger, stay fresh longer and are equipped with their own pesticides. GM foods have been a common part of the national diet since the early 90s. As with many scientific advances; e. g. , using chemo therapy to treat cancer, or underwater oil drilling, there have been unexpected, negative side effects. Genetically modified foods are not the super-food they claim to be. Until further research has been done to verify their safety, and prove they do not pose a threat to human health, the environment, and agricultural bio-diversity the use of GM foods should be banned or drastically limited in the United States. Human Health Many opponents to GM foods have raised concerns regarding the vast potential for these crops to cause allergic reactions in humans. A medical investigation done in India in 2005 determined that hundreds of agricultural workers developed allergies after being exposed to genetically modified cotton that contained Bacillus thuringensis (bt) toxins (Saunders, Ho, Cummins, 2007). Bt toxins are common biological pesticides that can be found in products like Roundup; a popular brand of household weed killer. Monsanto, the makers of Roundup, is also currently the world leader in GM food production. Similar research in parts of China and Africa also found a significant increase in the number of allergic reactions reported by agricultural works (Saunders, Ho, Cummins, 2007). The Journal of Hematology Thromboembolic Diseases published the results of study done on rodents that yielded frightening results. It was determined that there was a significant detrimental effect to the liver and kidneys of rats fed a strictly GM maize diet. The negative effects were caused by the mutagenic properties of genetically altered foods and the presence of Bt toxins transferred to and detected in the blood of the animals. The study concluded that before these foods can be considered safe for human consumption there will need to be longer studies completed on the effects of the toxins (Mezzomo, Miranda-Vilela, Freire, Barbosa, Portiho, 2013). Bt toxins, which have also been found in crops of soy and corn, are added to crops in hopes of reducing pests like weeds without the use of external combatants. The Environment The toxins produced by GM crops are not only dangerous to humans; they can be harmful to the environment as well. One pledge listed on Monsanto’s website states â€Å"We will use sound and innovative science and thoughtful and effective stewardship to deliver high-quality products that are beneficial to our customers and to the environment† (Monsanto, 2013). Many people have questioned the truthfulness of this promise. Prior to the wide-spread use of GM crops, there were multiple concerns regarding the over-use of chemical pesticides applied through sprays. Consumers have been told that by genetically altering the foods so they can produce their own pesticides there would be a vast reduction in the need for sprayed chemicals. Recent studies have shown that this is not the case. A 2007 survey of farmers who grew maize, soy, and other pesticide tolerant crops showed an increase of 383 million pounds more pesticide used than they would have required with non-tolerant seeds. The use of herbicides rose 31. 4% from 2007 to 2008 on GM crops. It was shown that as the weeds become increasingly tolerant to common pesticides like Bt toxins there will be increased need for external chemical pesticides (Budinger, 2013). Washington State University researcher, Charles Benbrook, likened the overuse Bt toxins to the overuse of antibiotics to treat common infections and stated that Its very much the same dynamic in play. By genetically altering corn, soybeans, and cotton so they can be sprayed throughout the growing season, farmers are now spraying their fields three times a season. Naturally as the weeds grow more tolerant they pass that trait to next generation, creating what is commonly referred to as a â€Å"super-weed† (Koebler, 2013). Roundup is a glyphosate-based herbicide used in many GM crops. The makers of Roundup have long reported that this is a safe alternative to chemical pesticides. Although this type of herbicide may be more desirable than its purely chemical rivals there are still environmental factors that must be considered. The United States Department of Agriculture (USDA) has stated that glyphosate has been proven to be deadly to earthworms. The decreased number of earthworms has resulted in a significant decrease of the bird populations in many areas where GM crops are grown (USDA, 2013). There has been no ruling against the use of Bt toxins in the United States however the French court has over-ruled Monsanto’s claims that there are no harmful effects to humans or the environment in 2009 (Marshall, 2013). Threats to Agricultural Biodiversity Concerns have also been raised by scientists and environmentalists regarding unintended effects of Bt toxins on non-targeted animals and insects. If the weeds can grow tolerant of the pesticides, it is logical to believe that insect pests may develop a resistance as well. This will cause there to be a spike in the pest insect population causing and imbalance in their relationship to preying animals (John Innes Centre, 2013). The most alarming effects of pesticides are related to the recent phenomenon of disappearing bees known as Colony Collapse Disorder (CCD). This, however, is not related to Bt toxins; it is believed to be caused by neonicotinoids, a class of neuro-active insecticides produced by Bayer, the second world leader in GM crop production. A study done by The Harvard School of Public Health was able to recreate CCD by introducing neonicotinoids to four bee colonies. The study showed that bees exposed to high amount of neonicotinoids perished quickly, however the colonies exposed to small amounts over a period of four months also eventually succumbed to CCD. Alex Lu, an associate professor of environmental exposure biology in the Department of Environmental Health led the study and stated â€Å"â€Å"The significance of bees to agriculture cannot be underestimated, and it apparently doesn’t take much of the pesticide to affect the bees. Our experiment included pesticide amounts below what is normally present in the environment† (Chensheng Lu, Kenneth M. Warchol, Richard A. Callahan. 2012). False Promises It is arguable that GM food manufacturers could not anticipate such harmful effects on humans and the environment and therefore we can view their statements regarding health and safety as non-malicious, however, there have also been false claims made by Monsanto that make it extremely difficult for the consumers to have faith in their practices. A Monsanto-trained scientist, Dr. Florence Wambugu, claimed that the sweet potatoes grown on a test farm in Africa showed a higher yield that of the non-modified variety grown on the same farm. This caused many proponents of GM foods to claim that international cultivation of these crops will solve our world hunger problems by creating a sustainable food source. It was later discovered that the claims made by Wambugu were untrue and, in fact, the GM sweet potatoes died out much sooner than the naturally grown counter-part. A similar study done in Uganda has also shown that non-GM sweet potatoes produce higher yield. Multiple unsuccessful studies were done on gm sweet potatoes spanning a 12-year period and costing over $6 million (The Department of Nutrition, Food Science, and Packaging at San Jose State University, 2013). The World Bank and four United Nations agencies completed a study in 2008 and concluded that GM crops are not the solution for creating a sustainable food source. The study found that the sustainability of these crops is unreliable and whereas the yield was higher in some areas, it was significantly lower in others. The study also showed that organic and near organic farming had a much higher success rate in Africa where there is an emergent need for more food. (Vazakas, Arvanitoyannis, Baltas, 2007) There has been a limited amount of research done to prove the efficacy and safety of GM foods and despite claims that they are not safe for human consumption, they are becoming increasingly harder for Americans to avoid. Since the introduction of GM food there has been a substantial increase in the number of food allergies reported each year in the United States (Will Genetically Engineered Foods Cause Allergic Reactions?, 2006) . The World Health Organization has concluded that further research and monitoring of public health records will need to done before a conclusive answer can be reached (World Health Organization, 2013). It is imperative that the American people educate themselves on the negative side effects of GM foods and put a halt to the practices of GM food giants like Monsanto and Bayer. References Budinger, M. (2013). Whoops! The Legacy of Genetically Engineered Food. Retrieved from http://arizonaadvancedmedicine.com/articles/genetically_engineered_food. html Chensheng Lu, Kenneth M. Warchol, Richard A. Callahan. In situ replication of honey bee colony collapse disorder. Bulletin of Insectology. 2012. John Innes Centre. (2013, May). Impact of growing GM crops on biodiversity. Retrieved from http://www. jic. ac. uk/corporate/about/publications/gm-debate/gm-impact-on-biodiversity. htm Koebler, J. (2013, June). Herbicide-Resistant Super Weeds Increasingly Plaguing Farmers. Retrieved from http://www. usnews.com/news/articles/2012/10/19/herbicide-resistant-super-weeds-increasingly-plaguing-farmers Marshall, E. (2013). European Ruling Curbs Monsantos Claims on GM Crops. Retrieved from http://news. sciencemag. org/scienceinsider/2010/07/european-ruling-curbs-monsantos. html? rss=1 Mezzomo, B. P. , Miranda-Vilela, A. L. , Freire, I. S. , Barbosa, L. P. , Portiho, F. A. (2013). Hematotoxicity of Bacillus Thuringiensis. Journal of Hematology Thromboembolic Diseases, 1(1), 1-9. Monsanto. (2013). monsanto. com. Retrieved from http://www. monsanto.com/newsviews/Pages/Issues-and-Answers. aspx Saunders, P. , Ho, M. , Cummins, J. (2007, March). GM Food Nightmare Unfolding in the Regulatory Sham. Microbial Ecology in Health and Disease. , 19(2), 66-77. The Department of Nutrition, Food Science, and Packaging at San Jose State University. (2013). Harvest of Fear. Retrieved from http://www. nufs. sjsu. edu/clariebh/Harvest%20of%20Fear. html USDA. (2013). Draft Environmental Impact Statment November 2009. Retrieved from http://www. aphis. usda. gov/biotechnology/downloads/alfalfa/gealfalfa_deis.pdf Vazakas, T. H. , Arvanitoyannis, I. S. , Baltas, H. (2007, October). The Polotics and Science behind GMO Acceptance. Critical Reviews in Food Science and Nutrition, 47(4), 335-61. Will Genetically Engineered Foods Cause Allergic Reactions? (2006, October 5). American Society for Biochemistry and Molecular Biology. Retrieved from http://www. asbmb. org/ World Health Organization. (2013). Evaluation of Allergenicity of Genetically Modified Foods. Retrieved from http://www. who. int/foodsafety/publications/biotech/en/ec_jan2001. pdf.