The Criminal Justice System Essay examples -- Restorative Justice, Me

The criminal justice system views any crime as a crime committed against the state and places much emphasis on retribution and paying back to the community, through time, fines or community work. Historically punishment has been a very public affair, which was once a key aspect of the punishment process, through the use of the stocks, dunking chair, pillory, and hangman’s noose, although in today’s society punishment has become a lot more private (Newburn, 2007). However it has been argued that although the debt against the state has been paid, the victim of the crime has been left with no legal input to seek adequate retribution from the offender, leaving the victim perhaps feeling unsatisfied with the criminal justice process. Furthermore can formal social control institutions such as the criminal justice system and the government provide the best aspect of producing conformity and law abiding behaviour? Hirschi’s (1969) social control theory is concerned with what effect formal institutions have on conformity in individuals and in particular, how law abiding behaviour is produced due to these institutions (Walklate, 2005). However Wilson (2007) argues that formal methods of social control such as the criminal justice system are merely there to control and segregate delinquents and offenders who have not had adequate socialisation, which is where social mores are learnt and when conformity is produced, and that an alternative form of social control such as restorative justice might produce more effective results. The concept of restorative justice was heavily shaped by the work of John Braithwaite (1989) who in turn was inspired by indigenous practices in New Zealand and Australia, whereby the significance of family value... ...apabilities to deal with this which is not the case so much nowadays as Tony Marshall (1999) argues. There are criticisms over procedures, loss of rights such as an independent and impartial forum as well as the principle of proportionality in sentencing. There is also an unrealistic expectation that restorative justice can produce major changes in deviant behaviour, as there is not enough evidence to support this claim (Cunneen, 2007). Levrant et al (1999) on the other hand suggests that restorative justice still remains unproven in its’ effectiveness to stop reoffending and argues that its appeal lies in its apparent morality and humanistic sentiments rather than its empirical effectiveness. He continues to argue that it allows people to feel better within themselves through having the moral high ground rather than focusing on providing justice to the offender.

Zoe’s Tale PART III Chapter Twenty-Five

And so I went home, Consu gift in tow. John and Jane greeted me as I jumped off the Obin shuttle, all of us ending in a pile as I ran into Mom full speed and then we dragged Dad down with us. Then I showed them my new toy: the sapper field generator, specially designed by the Consu to give us a tactical advantage when Nerbros Eser and his friends came to call. Jane immediately took to it and started fiddling with it; that was her thing. Hickory and Dickory and I decided that in the end neither John nor Jane needed to know what it took for us to get it. The less they knew, the less the Colonial Union could charge them with at their treason trial. Although it looked like that might not happen – the Roanoke council did remove John and Jane from their posts once they revealed where they had sent me and who I was supposed to see, and had appointed Gretchen's dad Manfred in their place. But they had given Mom and Dad ten days to hear back from me before they informed the Colonial Union about what they'd done. I got back just under the wire and once they saw what I brought, weren't inclined to offer my parents to the tender affections of the Colonial Union judicial system. I wasn't going to complain about that. After I got Mom and Dad acquainted with the sapper field generator, I went for a walk and found Gretchen, reading a book on her porch. â€Å"I'm back,† I said. â€Å"Oh,† she said, casually flipping a page. â€Å"Were you gone?† I grinned; she hurled the book at me and told me that if I ever did anything like that again, she would strangle me, and that she could do it because she always was better in our defense courses than I was. Well, it was true. She was. Then we hugged and made up and went to find Magdy, so we could pester him in stereo. Ten days later, Roanoke was attacked by Nerbros Eser and about a hundred Arrisian soldiers, that being Eser's race. Eser and his soldiers marched right into Croatoan and demanded to speak to its leaders. They got Savitri, the administrative assistant, instead; she suggested that they go back to their ships and pretend their invasion never happened. Eser ordered his soldier to shoot Savitri, and that's when they learned how a sapper field can really mess with their weapons. Jane tuned the field so that it would slow down bullets but not slower projectiles. Which is why the Arrisian soldier's rifles wouldn't work, but Jane's flame thrower would. As did Dad's hunting bow. And Hickory's and Dickory's knives. And Manfred Trujillo's lorry. And so on. At the end of it Nerbros Eser had none of the soldiers that he'd landed with, and was also surprised to learn that the battleship he'd parked in orbit wasn't there anymore, either. To be fair, the sapper field didn't extend into space; we got a little help there from a benefactor who wished to remain anonymous. But however you sliced it, Nerbros Eser's play for the leadership of the Conclave came to a very sad and embarrassing end. Where was I in all of this? Why, safely squirreled away in a bomb shelter with Gretchen and Magdy and a bunch of other teenagers, that's where. Despite all the events of the previous month, or maybe because of them, the executive decision was made that I had had enough excitement for the time being. I can't say I disagreed with the decision. To be honest about it, I was looking forward to just getting back to my life on Roanoke with my friends, with nothing to worry about except for school and practicing for the next hootenanny. That was right about my speed. But then General Gau came for a visit. He was there to take custody of Nerbros Eser, which he did, to his great personal satisfaction. But he was also there for two other reasons. The first was to inform the citizens of Roanoke that he had made it a standing order that no Conclave member was ever to attack our colony, and that he had made it clear to non-Conclave races in our part of space that if any of them were to get it into their heads to make a play for our little planet, that he would personally be very disappointed. He left unsaid what level of retaliation â€Å"personal disappointment† warranted. It was more effective that way. Roanokers were of two minds about this. On the one hand, Roanoke was now practically free from attack. On the other hand, General Gau's declaration only brought home the fact that the Colonial Union itself hadn't done much for Roanoke, not just lately but ever. The general feeling was that the Colonial Union had a lot to answer for, and until it answered for these things, that Roanokers felt perfectly justified in not paying too close attention to the Colonial Union's dictates. Like, for example, the one in which Manfred Trujillo was supposed to arrest my parents and take them into custody on the charge of treason. Trujillo apparently had a hard time finding either John or Jane after that one came in. A neat trick, considering how often they were talking. But this folded into the other reason Gau had come around. â€Å"General Gau is offering us sanctuary,† Dad said to me. â€Å"He knows your mom and I will be charged with treason – several counts seem likely – and it's not entirely out of the realm of possibility that you'll be charged as well.† â€Å"Well, I did commit treason,† I said. â€Å"What with consorting with the leader of the Conclave and all.† Dad ignored this. â€Å"The point is, even if people here aren't in a rush to turn us in, it's only a matter of time before the CU sends real enforcement to come get us. We can't ask the people here to get into any more trouble on our account. We have to go, Zoe.† â€Å"When?† I asked. â€Å"In the next day,† Dad said. â€Å"Gau's ship is here now, but it's not like the CU is going to ignore it for long.† â€Å"So we're going to become citizens of the Conclave,† I said. â€Å"I don't think so,† Dad said. â€Å"We'll be among them for a while, yes. But I have a plan to get us somewhere I think you might be happy with.† â€Å"And where is that?† I asked. â€Å"Well,† Dad said. â€Å"Have you ever heard of this little place called Earth?† Dad and I spoke for a few more minutes, and then I walked over to Gretchen's, where I actually managed to say hello to her before I broke down in sobs. She gave me a hug and held me, and let me know it was okay. â€Å"I knew this was coming,† she said to me. â€Å"You don't do what you've done and then come back and pretend nothing has happened.† â€Å"I thought it might be worth a try,† I said. â€Å"That's because you're an idiot,† Gretchen said. I laughed. â€Å"You're an idiot, and my sister, and I love you, Zoe.† We hugged some more. And then she came over to my house and helped me and my family pack away our lives for a hasty exit. Word spread, as it would in a small colony. Friends came by, mine and my parents', by themselves and in twos and threes. We hugged and laughed and cried and said our good-byes and tried to part well. As the sun started to set Magdy came by, and he and Gretchen and I took a walk to the Gugino homestead, where I knelt and kissed Enzo's headstone, and said good-bye to him one last time, even as I carried him still in my heart. We walked home and Magdy said his good-bye then, giving me a hug so fierce that I thought it would crack my ribs. And then he did something he'd never done before: gave me a kiss, on my cheek. â€Å"Good-bye, Zoe,† he said. â€Å"Good-bye, Magdy,† I said. â€Å"Take care of Gretchen for me.† â€Å"I'll try,† Magdy said. â€Å"But you know how she is.† I smiled at that. Then he went to Gretchen, gave her a hug and a kiss, and left. And then it was Gretchen and me, packing and talking and cracking each other up through the rest of the night. Eventually Mom and Dad went to sleep but didn't seem to mind that Gretchen and I went on through the night and straight on until morning. A group of friends arrived in a Mennonite horse-drawn wagon to carry our things and us to the Conclave shuttle. We started the short journey laughing but got quiet as we came closer to the shuttle. It wasn't a sad silence; it was a silence you have when you've said everything you need to say to another person. Our friends lifted what we were taking with us into the shuttle; there was a lot we were leaving behind, too bulky to take, that we had given to friends. One by one all my friends gave me hugs and farewells, and dropped away, and then there was just Gretchen and me again. â€Å"You want to come with me?† I asked. Gretchen laughed. â€Å"Someone has to take care of Magdy,† she said. â€Å"And Dad. And Roanoke.† â€Å"You always were the organized one,† I said. â€Å"And you were always you,† Gretchen said. â€Å"Someone had to be,† I said. â€Å"And anyone else would have messed it up.† Gretchen gave me another hug. Then she stood back from me. â€Å"No good-byes,† she said. â€Å"You're in my heart. Which means you're not gone.† â€Å"All right,† I said. â€Å"No good-byes. I love you, Gretchen.† â€Å"I love you too,† Gretchen said. And then she turned and she walked away, and didn't look back, although she did stop to give Babar a hug. He slobbered her thoroughly. And then he came to me, and I led him into the passenger compartment of the shuttle. In time, everyone else came in. John. Jane. Savitri. Hickory. Dickory. My family. I looked out the shuttle window at Roanoke, my world, my home. Our home. But our home no longer. I looked at it and the people in it, some of whom I loved and some of whom I lost. Trying to take it all in, to make it a part of me. To make it a part of my story. My tale. To remember it so I can tell the story of my time here, not straight but true, so that anyone who asked me could feel what I felt about my time, on my world. I sat, and looked, and remembered in the present time. And when I was sure I had it, I kissed the window and drew the shade. The engines on the shuttle came to life. â€Å"Here we go,† Dad said. I smiled and closed my eyes and counted down the seconds until liftoff. Five. Four. Three. Two. One.

Analysis Of The Poem The Sky Essay - 965 Words

1) Line: The painting does not have any definite lines, most of the lines are a part of shading or shapes. 2) Texture: The texture of the centaur in the painting is fluffy and soft throughout his hair. He has hard hooves and back which matches the hard ground. The sea water around him is bumpy. The pink and white flowers with the plants at the bottom all seem soft and silky. The sand that he stands on is is rough and sandy. 3) Color: The colors in this painting are cool colors. He uses greens, blues, whites, pinks, yellow, and browns through the painting to depict the centaur and the surrounding landscape. The sky is a mix of several shades of blue that flow throughout the painting. The sky has royal blue, dark blue, light blue, and even a little purple. The moon and its star are done in white and a little grey, they match the centaur’s lower body as he has white hair with little pieces of grey. The sea is mixed in with shades of blue and green, while the sand is a dark tan or brown color. The flowers that frame the painting are cool light pinks and baby blues The plant in the bottom right corner next to the centaur is a mixture of dark green and a golden color 4) Color Value: The color hues include blues, greens, greys, yellows, whites, and browns. The aritist uses dark shading to fade the divide between the sea and the dark sky. The dark sky has several shading areas especially around the moon and the stars where the artist starts to use white with the blue. Shading isShow MoreRelatedAnalysis Of The Poem August Sky 1244 Words   |  5 PagesOctober Sky Summary Introduction: October Sky is the journey of a boy into a man, a boy who becomes amazed and obsessed with rockets, and the story of success even in the face of adversary and reaching one’s dreams. Homer Hickam is a teenage boy in the forties who wants to be a football star and lives in Coalwood Virginia. 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Gender Inequality And Gender Inequalities - 1787 Words

Gender inequality plays a critical role when it comes to social progress. As a woman, I have seen the struggles for equality to men in many aspects. Regardless of the great strides that women have achieved today, it is still hard to find equal opportunity and to be fairly recognized. Some of the areas where gender inequality is very prevalent are in areas such as, equal pay in the workplace, professional education careers, household work, sexism and discrimination just to name a few. Gender inequality refers to unequal treatment or perceptions of individuals based on their gender.[1] In this passage I will briefly elaborate on the areas outlined earlier to show the various degree of inequality and explore the path that women have taken to achieve equality. Additionally I will focus on the economic growth as a dependent variable and stereotype as the independent variable. Women today still struggle to get the same pay as men and this arises from wage discrimination. When multiple workers are equally qualified and perform the same work but one group of worker is paid more than another stirs up conflict. This situation has normally favored men over women that are equally or more qualified. Historically, income inequality stems from the fact that men were primarily the bread winners of most households and the earnings associated with a job has fostered the income inequality to take form in the placement of individuals into particular jobs. For example, in some thirdShow MoreRelatedGender Equality And Gender Inequality979 Words   |  4 Pages Throughout the past few decades, the gender inequality discourse have became a dominant feature of international, national and local policy debate on the subject of economic development. This policy concern has emerged as an area of scholarly research which seeks to show that improving gender equity leads to economic growth. 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Ethical Issues Of Education Organizational Structure Essay

Ethical issues in Education Organizational Structure Ethics are a set of principles that people use to decide what is right and wrong. Other words such as principles and morals are used concurrently when discussing ethics. Principles are major beliefs and rules that have a significant influence on the way things are done as well as relationships with others. Morals are principals of right or wrong behavior that are generally accepted by a society. With a basic understanding of these basic terms of ethics, a more comprehensive and deeper understanding of ethics in general becomes more attainable. Situational ethics can be grouped into various categories such as political and governance ethics, social and economic ethics. Further breakdown of these broad categories gives examples such as business ethics, educational ethics, law ethics and internet ethics. Often, the impact of ethics is greatly under-rated , however the elite and aware majority do acknowledge ethics as the foundation of global harmony. A specific analysis of an educational ethical dilemma aims to understand the factors of determining right from wrong in an attempt to reach a moral standing after analysis. The ethical dilemma is set in an education institution, the Deputy principal , who is a friend, altered the Higher School Certificate (HSC) to improve the results for the students undertaking mathematics and give them an overall high mark. I reported him to the department EPAC , the employmentShow MoreRelatedThe Organizational Structure Of Kem Hospital Mumbai1152 Words   |  5 Pagesorientation of the organizational structure of KEM Hospital Mumbai. It puts emphasis on a selective review of significant matters, themes, issues, and current as well as the future vision of the organization. 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Casefile Method †Answer to Casefile 1.1 Free Essays

MEMORANDUM 03. 01. 2010 TO: FROM: RE: Daphne Matthews Alex Associate – 4667 Memo Assignment 1: Who Does the Pastry? I. We will write a custom essay sample on Casefile Method – Answer to Casefile 1.1 or any similar topic only for you Order Now Introduction Collins was hired as Head Chef at the Marrimount Hotel and believed that this job came with the inherent authority to choose his assistant chefs, even though nothing of this was mentioned in the contract for employment. Therefore, when Crest, owner of the Marrimount, attempted to determine Collins’s assistants, Collins quit his job and went to work for the Treadwell Center. The contract It may actually be good for Collins to argue that there was no contract between himself and Crest. First, there was no detailed employment agreement, just a letter signifying the contract terms. The letter referred to itself as a contract lasting for â€Å"five years from the signature thereof. † However, presumably it was never signed and therefore never consummated. Secondly, Collins could argue that this is an agreement in violation of the statute of frauds, since it requires more than one year to perform and was not signed. Therefore, if Collins argues that he never signed nor agreed to the contract terms, perhaps he can avoid, altogether, the issues of breach of fiduciary duty and the injunction against working for a competitor. However, it seems evident that both Collins and Crest considered the agreement to be a binding employment contract. This is not merely an oral agreement to be finalized at a later date, as was the case in Tropicana Hotel Corporation v. Speer. Collins demonstrated an immediate intent to be bound by the agreement by moving to New York from Atlanta and performing for a year under the contract. Therefore, since it is likely that the court will find a five-year contract existed and the contract was breached, the question becomes who is liable for the breach? III. Who breached first? The facts are undisputed that Collins left the kitchen upon the hiring of an unacceptable pastry chef. This would likely constitute a breach of Collins’s employment contract absent any other considerations. However, as the Kansas court states: â€Å"A party is not liable for a material failure of performance if it can show that the other party committed a prior material breach of the contract; in such event, the prior breach discharged the first party’s own duty to perform. Therefore, if it can be shown that Marrimount breached its contract by preventing Collins from choosing his own assistant chefs, Collins can avoid Crest’s allegations of breach of fiduciary duty and the injunction against working for a competitor since Crest breached the contract first. II. a. Argument that Crest breached first i. Define â€Å"head chef† to determine duties The Supreme Court of Virginia stated in Neely v. White, â€Å"Before partial failure of performance of one party will excuse the other from performing his contract or give him a right of rescission, the act failed to be performed must go to the root of the contract. Therefore, Collins must show that the overruling of his choice for pastry chef and the hiring of an unacceptable assistant chef constitutes a material breach of contract. The chief dispute is over what duties are included in a position of Head Chef. The written agreement merely states that Collins will â€Å"assume the duties of head chef,† without stating what those duties are. It might be helpful to point out that the general rule with ambiguities in a contract is that the contract will be construed against the drafter, in this case, Crest. Additionally, it is helpful that Collins states in his deposition that it is â€Å"industry standard† for a head chef to select his own assistants, much like a basketball coach selects the starting lineup, not the athletic director who hired him. Typically, â€Å"when evidence of custom and usage of the trade is used to interpret a contract and the issue is disputed, summary judgment is inappropriate†¦Ã¢â‚¬  (Nadherny v. Roseland Property Company, Inc. ). It is also helpful to our case that Mrs. Stein states in her deposition, â€Å"the head chef runs the dining room. † While not acknowledging the specific ability to hire, Mrs. Stein is definitely associating Collins’s role as more managerial than Crest is claiming he had. Further, Collins was able to hire his own dessert chef without interference, creating a presumption that the hiring of his team was within his authority. More logically, this is a big hotel that was seeking Collins out because he was known for preparing gourmet meals for large groups. A Head Chef is more than a cook. They are in charge of the dining room, carefully selecting staff that can help prepare these large meals that would not be possible to create with just one person. This was a managerial or executive position as much as it was a cooking one. Crest was not just looking for a cook when they hired Collins; they were looking for a Head Chef. By taking away Collins’s ability to hire and fire his â€Å"team† they materially breached the contract to employ Collins as the Head Chef. A court will likely find such an argument persuasive and deem that Crest materially breached the contract first. ii. Reduction in duties or rank is a breach of contract Collins will want to argue that this case is analogous to Rudman v. Cowles Communications, Inc. , which is controlling authority in New York. In Rudman, an editor was hired to manage and oversee the publication of his series of books. The employer then began changing Rudman’s books without approval and took away his managerial role and oversight. The court found a breach of contract and explained, If an employee†¦is engaged to fill a particular position, any material change in his duties, or significant reduction in rank, may constitute a breach of his employment agreement. † Here, Crest will argue that the employment agreement was far clearer in Rudman, and the employer agreed upon Rudman’s authoritative role, although not expressly in the contract. Collins will want to rebut this argument by comparing an editor to a chef and looking at industry standards. Just as the court in Rudman stated that Rudman could not â€Å"be reduced to being only a productive writer,† neither can Collins, the head chef, be reduced to being only another cook. And finally, the court states: â€Å"an independent entrepreneur like Rudman would not expect and probably would not accept a subordinate scrivener’s role. † If an editor would not accept a subordinate role as a writer, then the court will likely find that an esteemed head chef like Collins would definitely not accept a subordinate role either. iii. Crest’s rebuttal Crest will point to cases like Tropicana Hotel Corporation v. Speer in an attempt to compare Collins to Speer. Crest will argue that there was nothing in the employment agreement that gave Collins the sole right to hire assistant chefs. In Tropicana the court found that Speer was not constructively discharged and Crest will argue for the same outcome. Additionally, Crest will argue that this case is more like Handicapped Children’s Education Board of Sheboygan County v. Lukaszewski. There, a speech therapist claimed health reasons for breaching her contract and leaving one job to take on another position closer to home. The court held that the danger to Lukaszewski’s health was selfinduced and that Lukaszewski did not resign for health reasons, but to take a better job. Crest will compare Collins’s actions to Lukaszewski’s, claiming there was no breach by Crest, only a breach by Collins in walking out and taking a better position where he would have managerial authority over his assistant chefs. iv. Likely outcome It is likely that the court will find that Crest breached the employment contract with Collins by hiring an unapproved member to his team of chefs, effectively converting Collins from a top-tier chef into just another cook in the kitchen. If however, the court determines that Crest did not breach the contract, then Crest will push forward with their claim for breach of contract and breach of fiduciary duty of loyalty. b. Argument that Collins breached first i. Breach by quitting before 5-year contract terminated Crest’s first argument will be that Collins breached his contract when he quit coming into work after the Hispanic chef was hired. Nothing in the contract stated that Collins’s duties included the sole ability to hire chefs, but not coming into work is most definitely a violation of the â€Å"duties of head chef† that he did possess. Thus, if Collins can’t show that Crest breached the contract first by hiring the chef without his approval, he is in trouble. ii. Breach of fiduciary duty of loyalty In Collins’s deposition, he states that he was in discussions with the Treadwell center, but not until after Crest’s hired an assistant chef and breached the contract. Thus, if Collins cannot show that Crest breached the contract first, he is also going to have to defend a claim for breach of fiduciary duty. Crest claims that Collins convinced the Casketmaker’s Convention to leave the Marrimount and relocate to the Treadwell Center. If they can prove this, they will have a claim for breach of fiduciary duty of loyalty. In Orkin Exterminating Co. v. Rathje, the court stated, â€Å"[A]n executive employee is barred from actively competing with his employer during the tenure of his employment, even in the absence of an express covenant so providing. † iii. Collins’s Rebuttal In response to Crest’s claim that Collins breached the contract by quitting, Collins should point to Tropicana. The argument is that by breaching its contractual duty to Collins, Crest constructively discharged Collins. Unlike Tropicana, in which the plaintiff failed to show constructive termination, here there is a contract that was agreed upon. Additionally, Collins is dealing with more than just trusted subordinates. Rather, Collins requires a team of chefs to prepare meals for these large groups, and it is industry standard for a head chef to control his assistant chefs. Additionally, Collins should argue lack of causation in responding to the breach of fiduciary duty claim. In Orkin, the plaintiffs could not show that defendant’s actions caused damage to the corporation. Similarly, Collins did no damage to the Marrimount because there were no statements made in competition with Marrimount. The only proof is Collins’s deposition, which states that he informed his old friend at a school reunion that he was leaving the Marrimount. There is no proof of a secret business arrangement with Treadwell and no proof that Collins desired to convince the Casketmakers Convention to relocate to the Treadwell. If Collins can show that business just followed his decision to leave, then there will not be a claim for a breach of fiduciary duty of loyalty. v. Likely outcome If the court finds that Crest did not breach the employment contract, then it will obviously find that Collins did breach by leaving the Marrimount. However, I believe it is unlikely that the court would find a breach of fiduciary duty of loyalty. There is simply too little evidence to survive a motion for summary judgment. While it is likely that the Casketmakers Convention changed venues to obtain Collins as the chef, it does not follow that Collins breached any fiduciary relationship. Remedies available to the parties a. Salary Collins would like to recover withheld salary that he earned from working in the kitchen prior to his termination. If Collins can show that he did not breach the contract or breach a fiduciary duty of loyalty, then he will obviously have no problems recovering his salary. Even if the court finds there was a breach of contract, Collins will still likely recover his salary, as the court in Prete v. Madison states, â€Å"It does not follow from the fact that a breach is material that the breacher can recover nothing for his performance. In an appropriate case, the courts have allowed a party who did not substantially perform to recover in restitution. † If, however, the court finds there was a breach of the fiduciary duty of loyalty, then Crest has a good argument to withhold earnings. In Orkin the court stated that one remedy for breach of this kind is â€Å"forfeiture of compensation by the employee during the period of breach of fiduciary duty. † Collins could still argue that he should get his salary from the period of time that he worked and was not yet in breach of his fiduciary duty. . Bonuses Whether or not Collins may recover his bonuses will be determined depending on if the court finds that Collins had a contractual entitlement to the percentage or a mere expectation. Crest will argue under Nadherny that Collins is not entitled to any bonuses after he left the kitchen, and possibly attempt to withhold bonuses from the time when he was working in the kitchen as well. It is my opinion that Coll ins would be better off not fighting for the bonuses after he left. Like many contracts, there was nothing clear in the language that dealt with a failed relationship and pursuing this claim could distract the court from focusing on salary and bonuses for time worked. Plus, it makes our client seem like he is fighting to be made whole, not just get something for nothing. IV. c. Restitution for increased salary Crest will argue under Lukaszewski that Collins will owe them the difference in salary that they will be forced to pay in order to procure a head chef to replace Collins. The court stated, â€Å"Thus damages for breach of an employment contract include the cost of obtaining other services equivalent to that promised but not performed, plus any foreseeable consequential damages. † In Lukaszewski the pay rates for teachers were set, and the school hired someone with more experience and the court still didn’t give the teacher any room to avoid paying for the increased expenses the school was faced with. It is likely that if the court finds that Collins breached his duty, he will be responsible for these damages. Collins can, however, argue that he does not owe as much as 25%. Collins’s salary was to be increased 12% each year. Thus, the additional 12% is money that the Marrimount was going to pay their head chef anyway and cannot be considered damages attributable to the breach. Additionally, Collins can argue that Crest cannot just go hire the most expensive chef and expect to recover the entire difference from Collins (Lukaszewski). d. Injunction or declaratory judgment The best way to get the declaratory judgment that Collins seeks is to get the court to rule in his favor that Crest breached the contract. If Crest breached the contract, then it cannot enjoin Collins from taking the job with Treadwell. In the unlikely event that the court does not find in favor of Collins, he still has options. Collins can point to the contract and show that there is nothing in there concerning any sort of provision not to compete. Therefore, Crest has no right to enjoin Collins from working where he chooses. V. Conclusion In conclusion, it seems likely that the court will find in favor of Collins on his breach of contract claim. Crest breached the contract by preventing Collins from hiring his own assistant chefs. Regardless of this, however, the court will likely find that Collins is owed salary for his time worked. There is no evidence sufficient to support a claim for breach of fiduciary duty and one cannot withhold salary from someone for a mere breach of contract. The issue of bonuses could go either way, but the argument is not that strong for either party. And finally, regardless of who breached the employment contract, it is likely that Collins will have not have trouble accepting the position of head chef at Treadwell, since there was no covenant to not compete. How to cite Casefile Method – Answer to Casefile 1.1, Papers

Discuss the importance of the ideas of roots Essay Example For Students

Discuss the importance of the ideas of roots Essay Conversely, it could also mean that people are not respecting the traditional values thus it is becoming demented. The on the beach, there are forked limbs of girls toasting their flesh suggest the ideas of the tourists disgracing the long-established principles of the Caribbean. The use of semantics to do with food such as forked and toasting suggest that for a long time, the islands main industry have been through agricultural aspects such as fishing, but the tourists are almost imitating these images and disgracing these ideas by toasting their flesh. Walcott expresses his ideas about these tourist industries by personifying the island and the sea to describe his emotions; Their grief/ howls seaward through charred, ravaged holes. The fact that their grief/howls suggest that the grief has been there for a long time and the personification of the sea howl suggest that the nature itself can not bear the modern situation, almost trying to protect the long-kept legacy. In comparison, Rhys uses nature images to make Rochester, a microscopic imitation of colonialism, feel uncomfortable; nature strikes back at Rochester since he is not familiar with the surroundings. The personification of the fact that hills would close in on Rochester reflects the fact that he feels entrapped. Furthermore, there are repetitions of intensifiers too much to describe his surrounding; emphasising on Rochesters over-whelmed emotions. Although both Rhys and Walcott personifies the nature to describe emotions, Rhys uses nature to strike back at Rochester to make him feel like he does not belong there, thus he feels rootless and aware that he is rootless within the environment he is in. On the other hand, Walcott uses nature to express his own emotions and anger towards his changed homeland, thus he suddenly feels he is rootless; not necessarily he does not belong there but he feels he does not belong there. In Veranda, Walcott expresses his own personal feelings towards how he is torn between his own heritages, questioning his own roots. Since he had two black grandmothers and two grandfathers, he feels that it is important for him to understand about his roots. However, the two races have such diverse history that he feels torn between the two. In this poem, there are semantics of history such as voices, Roman and age. This reflects on the fact that Walcott tries to find out more about his own family history but the fact that it is fading world, Walcott can not find a certain accurate answers. The use of word Sire has a specific impact on how Walcott feels that it is his duty to know about his own inheritance, thus there are connotations of obedience. He expresses his confusion of his rootlessness when your genealogical roof tree, fallen, survives. Genealogical roof tree implies his mixed background of which the white generations in the Caribbean has fallen; the empires, but then survives because parts of him are black, so he survives. Feelings of rootlessness is also paralleled through Wide Sargasso Sea when Rhys herself is very multicultural. Antoinette can be seen as the self-portrayal of Rhys herself, and by writing this novel; she accentuates the feelings she had through the character Antoinette. This is particularly visible when Antoinette claims that she will be a different person when lives in England and different things will happen to . Due to her loss of identity, she feels rootless as a result she feels that the only way to get her identity back to by moving away from home. However, this is highly ironic as later when she moves to England, she becomes the mad woman in the attic; she does change. However, the readers witness that Bertha has completely different characteristics to Antoinette and perhaps through losing her identity, this is how she became to feel rootless thus changes into Bertha. Both writers see the importance of the ideas of roots and rootlessness, seen especially through their own personal attributes towards these concerns. .u5c8f900c0a39ac315797dbb42b2cd4d6 , .u5c8f900c0a39ac315797dbb42b2cd4d6 .postImageUrl , .u5c8f900c0a39ac315797dbb42b2cd4d6 .centered-text-area { min-height: 80px; position: relative; } .u5c8f900c0a39ac315797dbb42b2cd4d6 , .u5c8f900c0a39ac315797dbb42b2cd4d6:hover , .u5c8f900c0a39ac315797dbb42b2cd4d6:visited , .u5c8f900c0a39ac315797dbb42b2cd4d6:active { border:0!important; } .u5c8f900c0a39ac315797dbb42b2cd4d6 .clearfix:after { content: ""; display: table; clear: both; } .u5c8f900c0a39ac315797dbb42b2cd4d6 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u5c8f900c0a39ac315797dbb42b2cd4d6:active , .u5c8f900c0a39ac315797dbb42b2cd4d6:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u5c8f900c0a39ac315797dbb42b2cd4d6 .centered-text-area { width: 100%; position: relative ; } .u5c8f900c0a39ac315797dbb42b2cd4d6 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u5c8f900c0a39ac315797dbb42b2cd4d6 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u5c8f900c0a39ac315797dbb42b2cd4d6 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u5c8f900c0a39ac315797dbb42b2cd4d6:hover .ctaButton { background-color: #34495E!important; } .u5c8f900c0a39ac315797dbb42b2cd4d6 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u5c8f900c0a39ac315797dbb42b2cd4d6 .u5c8f900c0a39ac315797dbb42b2cd4d6-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u5c8f900c0a39ac315797dbb42b2cd4d6:after { content: ""; display: block; clear: both; } READ: Lyric Poetry EssayBoth writers personal background of them being multicultural adds to the fact that they are more personally engaged with the concerns in their writing; both writers expresses anger towards the loss of identity leading into rootlessness. However, Walcott presents ideas of roots and rootlessness on the changes made to his homeland so when he comes back, he does not feel at home, whereas Rhys conveys feelings of rootlessness by putting the characters in a foreign environment where dominance and oppression takes away their identity leading the characters to feel rootless.