Business Ethics

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Business EthicsEssay oneGenadijs Cvetkovs

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November 00.Globalisations integration and its effects on developing countries. Globalisation is one of the most debated issues of the day. It is everywhere on TV, on websites, learning journals, labour meeting rooms and in organizations boardrooms. Remarkably, for so widely a used term, there does not appear to have a precisely agreed definition. One of the frequently used definitions is that globalisation refers to the growing integration of societies across the world, it has taken many forms and it is difficult to discuss it in a general way. However most of the times the term is used is to refer to the economic integration of the world markets. Therefore our main discussion will be on the economic integration of the world and what are the positive and negative effects of globalisation. We will also consider the dilemmas involved, supported by examples and what happens when globalisation is implemented to different countries.Palast (00) argues that globalisation impoverishes the world's poor, enriching the rich and devastating the environment, while few supporters see it as a fast way to universal peace and prosperity. Most economists would agree that globalisation is inevitable and is the most likely key to continued growth; the process of shifting and resources to meet new opportunities takes time and is costly. It could be said that greater openness of markets will lead to greater manufacturing employment in developed countries and a better standard of living. Many developed countries started to liberalise in the 180's following the imposition of World Bank and IMF structural adjustment policies. Advocates would argue that this liberalisation would help economic growth, which will reduce poverty and that countries with more open markets will have experienced higher growth rates that those with protectionist policies [Ades &Glaeser 1]. As we can see this is clearly demonstrated in table below. However Manenji (18) argues that unregulated free trade, driven solely by market forces, in that while it has raised standards of living for many people, especially in developed countries, it has not done so for the poorest. After 0 years of trade liberalisation, poverty in many countries has not fallen. For example in agriculture where the poorest make most of their living, food imports are partly responsible for destruction of small farmers, for example Malawi which produces rice which it sold in most South African countries now has to contend with rice which is sold at much cheaper rates, which is imported from Asia.International trade in foodstuffs is increasing much faster than food production; it took off as a result of trade liberalisation under the IMF, WTO and World Bank. As a consequence more land in developing countries is being used by large multinational companies to grow food for the export market, which has implications for food production for local people. The price of many agricultural commodities, such as coffee and tea are at near all-time lows. This has a large detrimental impact on poor farmers, for the reason that buying imported food prices are so low that there is no point to grow them. Therefore some of the farmers are now abandoning coffee and tea growing in favour of drug cultivation and these drugs are being illegally transported to the West and ruining the lives of thousands of people, which causes the western governments to spend vast amount of money to combat this problem and accusing developing countries of immoral behaviour by not doing enough to prevent drug cultivation. Within the developed world we can say that the cultivation of drug producing plants such as the opium poppy is not an acceptable thing to do, yet criticising those countries of immoral behaviour and punishing them financially and politically will not solve the existing problem. Therefore the Governments must think through differences in social circumstances, strategy and why it has happened and get to the root of the problem, when this will be done it will be clear to see that there is nothing to do with morals but with circumstances those countries are being pushed into. For organisations and countries not tackling the problems in democratic ways is simply accessing their choice for one set of actions over another set of actions. The fact that different parts of the world have different moral practices shows neither that they are all equally good nor that any of them is necessarily immoral [De George, 178]. There is nothing wrong with that, but there is nothing right with that either.There have been many cases where multinational organizations have locate their factories in countries where wages are low, with weak environmental protection laws, were people work long hours and receive low pay, to make some of the world's most expensive consumer goods. This kind of behaviour from multinational firms is not as common these days as it use to be, because of the fact that moral disapproval of the company activities can convert into political pressures, legal controls and customer boycotts. Resulting in an attitude that will harm the company's image [Chryssides 15] therefore we could say that worldwide media has given greater importance for businesses to be more ethical. A good example of this is Shell. In15 Shell suffered a blow to its reputation by attempting to dispose of the Brent Spar oilrig in the North Sea because of this action, the company's shares plummeted, and consumers were boycotting the organization. Since then Shell has rewritten its business ethics, creating complex system to implement them and working harder to improve its relations with NGOs. More and more resources are being invested in companies according to their moral criteria. These include the structure of business activities, environmental performance and product portfolio and business dealings with developing countries since multinationals have great influence on socio-economic conditions in their countries. Unfortunately some of the firms get negative publicity because they are perceived as bad industries and not getting positive publicity even though they have effective corporate business ethics.On the positive side ethical behaviour not only can avoid bad publicity but it can even lead to consumer support, which will benefit the company's image e.g. Virgin, Body Shop. It has been proven that in the long run ‘ethics pays' and there is little evidence that ethics will have influence on firms wealth.Recent research done by OECD (1) found little evidence that multinational organizations place their factories on purpose in the countries with week social policies in order to take greater advantage of their business environment, for most large corporations the good context for doing business, is one where democracy and the rule of law provide economic and social stability. This could be explained that business could not function in the long term in an environment with poor ethical constraints. If fraud and dishonesty would be the norm rather than the exception in business dealings, then those dealings would eventually become impossible to continue and for most of businesses that would not be worth in engaging. Plato supports this argument by saying that " there must be a measure of trust, even between thieves."In recent years globalisation received major criticism on issues such as labour standards and fair wage, while labour standards in developing countries are still lower then in the industrialized countries, they are rising. Moore (1) points out that multinational organisations pay higher wages than local firms, create jobs at a faster rate and spend more on R&D. Wages will continue to differ between rich and poor countries as this is influenced by factors, such as the level of qualifications of workers and their relative productivity. Chryssides (15) notes that the levels of supply and demand set the levels of pay, although it seems low for the efforts of the work force in developing countries. Dusty Kidd CEO of Nike argues that by paying too high wages to workers by their standards can have big impact on social environment, for example Nike pays more to their workers in Vietnam than their Government pays to the doctors, therefore its been noted that doctors leave their practice to work for Nike. To prevent this happening most of the corporations set wages above minimum wage and do increase them on yearly basis, however if the country does not have a minimum wage law then its been noted that most of the organizations pay slightly higher wage then the industry they are operating in. which is a good strategy to avoid negative publicity that the company is underpaying its employees. Also to increase wages generously could well be devastating in commercial terms, any company who would do this would suffer a cost disadvantage to the competitor company which would not increase the wages of their workers this would lead to fall in sales and profits. There is a limit to the degree to which morality and commercial self-interest can meet. In one way self-interest is integral to morality; in another, wholly antithetical [Chryssides & Kaler, 15].By negative criticism received in the past on companies unethical behaviour organizations have begun to see as part of their mission, to raise standards, not just within the company but also in the countries where they work. However Friedman (170) argues that business social responsibility has to be in the shareholders long-term interests, which in other words is to get as much money as possible for their shares and by taking on social responsibilities there can only be financial loss, due to the fact that someone must pay for it, either shareholders or customers, by paying higher prices. This argument is supported by Smith (1776) that common good is best served by people pursuing their own interests rather by the doing good, which social responsibilities require. Still we could argue that what shareholders want is not in their best interests and is that really true what they want? Chryssides (15) argues that shareholders interests could be best served by living in a society, which has desirable social ends like reduction of unemployment, pollution and discrimination even though it means reduction in their profits. Then again we could say that business people are not specialists to decide on social needs and priorities for the reason that when they decide to impose their preferences, that this can have bad consequences on society in whole. Unfortunately this is happening to the extent that multinational companies have been able to finance elections and have their candidates elected, they have been able to penetrate very powerfully into the Western political system. As a result economic globalisation is criticised in that it lacks an ethical framework and political control to ensure that economic performance is subordinated to essential human and social needs, because of this many of the developing countries have shown negative effects and attitude towards globalisation for example rich countries want the developing countries to open up their markets by lowering import tariffs. By doing this developing countries fear that quality products at cheaper rates will make their fragile industries go out of business. In Tanzania the leather and textile industry have almost collapsed affecting lots of peoples lives in negative way. We could argue and say this is what happens in a global economy and that countries should concentrate in producing things, which they are good at and that every country has the same opportunities. Is this really true? Not necessarily considering that the West have superior technology, better skills and more resources to spend, also it would be hard to say that every country has the same opportunities. Fair opportunities would be if all countries or organizations have equally good technology and skills. Therefore it could be said that commercial self-interest for multinational firms can extend beyond the common good that ‘good business' not always follow ‘good ethics'. Better it would be said, if these large organizations would work together with foreign infant industries and invest in them and raise standards that way. Good example is the Japanese firms who work closely together with other organisations to improve productivity and quality and help each other out in difficult times.While developing countries allowed in more food and manufacturing imports the West have not done so. For example western farmers receive large handouts in subsidies and increasing their share of global markets at the expense of world's poor where as the West is slow in lowering their quotas on imports. Legrain (1) points out that rich countries need to return the compliment and open up their markets so poor countries can sell their goods to the West too. More needs to be done to restructure liberalization, so that a larger share of population benefits from the process. It is imperative that developments of globalisation are measured not just in profits but also in social quality, for example better education and health. The best way to deal with globalisation is to be honest about it. Globalisation brings opportunities but it also brings risks, even when poverty falling overall there can be regional increases about which society needs to be concentred. Especially for the developing countries, with their potential lack of recourses for up to date legislation, it is important to remember that not everything that is legal is right. Legality is often only the ethical minimum. Therefore where national standards are inadequate, the company would need to enforce their own higher standards and not take advantage of them. Many aspects of our system have not caught up with our social needs and not many organizations and managers faced up to the social responsibilities of business. It is easier to produce the product and then think what social impact it will have. Business is part of our society and ethics has place in business as in any other part of social life [De George, 178].

Bibliography and references Chryssides, G and Kaler, J (15) An introduction to Business Ethics, London Chapman & HallFreeman, R (184) Strategic Management a stakeholder approach, Marshfield Pitman.Smith, A (1776) The Wealth of Nations, London.De George, R (178) Ethics, free enterprise and Public policy, Oxford Oxford University Press.Aupperle, K (185) An empirical examination of the relationship between Corporate Social Responsibility and Profitability, Academy of Management Journal, vol.8, no., pp. 446-6.Palast, G (00) The best democracy money can buy, London Pluto Press.World Bank (17) Global Economic Prospects and the Developing Countries.World Bank (000) Global Economic Prospects and the Developing Countries.Ades, A and Glaeser, E (1) Evidence on Growth, Increasing Returns and the extent of the Market, Quarterly Journal of Economics 114(), pp.105-1046Manenji, F (18) the effects of globalization on culture in Africa in the eyes of an African woman, www.wcc-coe.org/wcc/what/jpc/effglob.html [accessed /10/0].Mohamad, M (00) Globalization and Developing Countries, www.globalpolicy.org/globaliz/define/100malaysiamp.htm [accessed 17/10/0] Bibliography and references Chryssides, G and Kaler, J (15) An introduction to Business Ethics, London Chapman & HallFreeman, R (184) Strategic Management a stakeholder approach, Marshfield Pitman.Smith, A (1776) The Wealth of Nations, London.De George, R (178) Ethics, free enterprise and Public policy, Oxford Oxford University Press.Aupperle, K (185) An empirical examination of the relationship between Corporate Social Responsibility and Profitability, Academy of Management Journal, vol.8, no., pp. 446-6.Palast, G (00) The best democracy money can buy, London Pluto Press.World Bank (17) Global Economic Prospects and the Developing Countries.World Bank (000) Global Economic Prospects and the Developing Countries.Ades, A and Glaeser, E (1) Evidence on Growth, Increasing Returns and the extent of the Market, Quarterly Journal of Economics 114(), pp.105-1046Manenji, F (18) the effects of globalization on culture in Africa in the eyes of an African woman, www.wcc-coe.org/wcc/what/jpc/effglob.html [accessed /10/0].Mohamad, M (00) Globalization and Developing Countries, www.globalpolicy.org/globaliz/define/100malaysiamp.htm [accessed 17/10/0]Please note that this sample paper on Business Ethics is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. In case you experience difficulties with writing a well structured and accurately composed paper on Business Ethics, we are here to assist you. Your cheap custom college paper on Business Ethics will be written from scratch, so you do not have to worry about its originality.

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Lord of the King

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When the Dominion of Canada was born in 1867, John A. Macdonald, was quoted as saying "We have desired in this measure to declare in the most solemn and emphatic manner our resolve to be under the Sovereignty of Your Majesty and your family for ever." This statement lead to the naming of Queen Victoria as Canada's monarch in 1867. Back then, Canadians supported the monarchy in Canada, however, many do not support this tradition today. In the past the majority of Canadians were of British descent, so it is easy to see why Canadians supported the monarchy. Canada now has shaped into a totally new country. The majority of the citizens are not of British descent. Today Canada is a multi-cultural nation and comprises of immigrants from over 150 countries around the world. Many Canadians feel that the monarchy is a relic of the past, that it serves little purpose and that it should be abolished. In an industrialized nation such as Canada, turning republic holds many great advantages. To begin with, the constitutional monarchy is not really democratic. Finally, it stifles our national identity and culture.

First Point

In pre-modern times a Monarch could govern a state. In modern times, this sort of autocratic power would be known as fascist. Even though this position is only meant to be symbolic, who would want an undemocratic symbol as their Head of State? It's a proven fact that the majority of Canadians don't recognize the royal family as a symbol of Canada and Canadian heritage. Canadians recognize the RCMP and the maple leaf as their most valuable and meaningful symbols. Democracy is when citizen are given the right to elect their government. In other words democracy is a republic. Presently, Canadians are not given the right to vote for their senators that make up the Parliament as the Prime Minister gets to choose his own caucus. We need to become like the United States and less like Australia, in which they choose to become a constitutional monarchy. The Americans are free people, citizens of American. We Canadians remain subjects of the crown. We deserve the same rights, freedoms and powers as our American neighbors.

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Frenchness

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Leybold was an already established firm with a strong reputation. Under OBH, Leybold would be part of a powerful manufacturing conglomerate. Working for Leybold offered security and prestige, whereas working for Singulus offered uncertainty of a start-up venture. SV was concerned with who would lead Singulus. Although SV believed that Roland Lacher would be the ideal candidate, he did not seem interested in the position. SV felt that some improvements were needed in the handling system.

There were also issues that would follow after the acquisition. The main issue was whether or not Singulus should develop an integrated replication line to offer end users. Building integrated lines could reduce Singulus' dependence on OEMs and help maintain margins. However, there were some concerns associated with entering the lines business. Reaction of the OEMs was a concern as well as the amount margins would drop. The acquisition would need to be approved by the FTC, and therefore Leybold would run Singulus for some months after the signing of the acquisition.

Short term Risks

Long Term Risks

Leybold was an already established firm with a strong reputation. Under OBH, Leybold would be part of a powerful manufacturing conglomerate. Working for Leybold offered security and prestige, whereas working for Singulus offered uncertainty of a start-up venture. SV was concerned with who would lead Singulus. Although SV believed that Roland Lacher would be the ideal candidate, he did not seem interested in the position. SV felt that some improvements were needed in the handling system.

There were also issues that would follow after the acquisition. The main issue was whether or not Singulus should develop an integrated replication line to offer end users. Building integrated lines could reduce Singulus' dependence on OEMs and help maintain margins. However, there were some concerns associated with entering the lines business. Reaction of the OEMs was a concern as well as the amount margins would drop. The acquisition would need to be approved by the FTC, and therefore Leybold would run Singulus for some months after the signing of the acquisition.

Short term Risks

Long Term Risks

Please note that this sample paper on Frenchness is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. In case you experience difficulties with writing a well structured and accurately composed paper on Frenchness, we are here to assist you. Your cheap custom college paper on Frenchness will be written from scratch, so you do not have to worry about its originality.

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Geography Year 7 Cane toads

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1. Rigor Mortis is the muscular stiffening of a mammal following death. Andre the dog acquired it by biting the wrong end of a cane toad, which immediately solidified his legs, and of course, killed him.. A cult film is a film that has a developed and devoted following among select groups of film fans. Some have even become the subject of intellectual obsession or worship. To name a few, Pulp Fiction, The Rocky Horror show, American Psycho, etc... The evidence presented shows that the Cane Toad eats many living creatures, in fact every animal smaller than it! It destroys environments by modifying them, basically altering the food cycle of Australia. In a quotation from Associate Professor Michael Tyler, he says that Kakadu, a pristine wetland, will be infested with cane toads in more or less 10 years, wiping out entire species such as birds, goanna's and frogs.4. On June nd 15, Australian sugar-cane farmers imported the bufo marinus, or cane toad, from Hawaii to destroy the crop-damaging Cane Grub. The descendents of the original toads virtually took over half a continent, wiping out many species and of course, failing to accomplish their original task.

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5. Pristine Wetlands are lowland areas which are covered with water and moisture that are uncorrupted by civilization and remain in a pure state. I think that pristine wetlands, like Kakadu, remain virtually untouched by pollution and people, making them a habitat for animals and plants. As stated by Michael Tyler in the article, the cane toads will have catastrophic effects on pristine wetlands such as Kakadu if they reach them.6. I think Cane Toads slowly migrate southward because of the moist, tropical Northern Territory, which since they were introduced in Queensland, a moist temperate state with hot summers, they need to move to pretty much the only place in Australia that is moist and tropical, meaning that it has a large amount of water for the cane toads to flourish in.7. The Rabbit, Mouse and Fox are all introduced species which are currently a threat to the environment.

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Dual capacity

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Dual capacity- Employer must be acting as a third party vis-à-vis the employee(Schmid v United States, 187, 86 Fd 7- the court stated that it did not have to decide the validity of the dual capacity doctrine since the doctrine only applies if the employer was acting via-a vis the employer in manner entirely unrelated to its capacity as an employer and , in the case before the court, the injury occurred on land owned by the government , and in which the government encouraged its employees to play; thus, the plaintiff's injuries were sustained in the course of an activity sufficiently related to the employment, and the government's role was related to its status as employer, and the doctrine was not applicable.

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- (Wright v united states, 717 F.d 54, Employee of Veterans Administration hospital brought action against the United States under the Federal Tort Claims Act to recover for throat injuries allegedly sustained when hospital applied and operated respirator after her preexisting tubal pregnancy manifested itself while she was on duty. The United States District Court for the Eastern District of Michigan, Horace W. Gilmore, District Judge, held that the Federal Employees Compensation Act was employees exclusive remedy, and she appealed. The Court of Appeals, Keith, Circuit Judge, held that (1) fortuitous circumstance that employees preexisting tuba pregnancy manifested itself while she was on duty was not a sufficient relationship to establish coverage under the Act, and () dual capacity doctrine would have enabled employee to bring the action.Reversed and remanded.

- (Saltsman v US. 104 F.d 787,17, following gun attack by worker at military base, injured co-workers; representatives of deceased co-workers, and family members brought action against United States pursuant to Tort Claims Act for negligent supervision and retention of co-worker. The United States District Court for the Western District of Kentucky, Charles M. Allen, J., dismissed action. Plaintiffs appealed. The Court of Appeals, Kennedy, Circuit Judge, held that (1) Federal Employees Compensation Act (FECA) provided sole remedies for plaintiffs, and () dual-capacity doctrine did not apply to action to allow plaintiffs to bring action under Tort Claims Act…The record indicates only that the employees at issue suffered their injuries at their work place and during their work day. Indeed, the awards of FECA benefits already received by plaintiffs are predicated upon this fact. The dual-capacity doctrine therefore does not apply because defendant was acting solely in its capacity as the employer of the injured- The injury must be sustained not in performance of duty (of the employee)- Schmid v US, supra)- Noble v U.S. 16 F.d 1, 000- Former federal employee who allegedly sustained an on-the-job neck injury brought Federal Tort Claims Act (FTCA) action against the United States, seeking damages for the prolonging of his pain and the loss of his job that purportedly resulted from the Office of Workers Compensation Programs (OWCPs) tortious delay in authorizing his surgery. United States filed motion to dismiss. Finding there to be a substantial question as to Federal Employees Compensation Act (FECA) coverage of the alleged injury, the district court ordered the FTCA action held in abeyance and directed former employee to file claim with the OWCP for additional compensation under FECA for the alleged prolonged pain and job loss. Following the OWCPs denial of the claim, and the Secretary of Labors affirmance of that denial, the United States District Court for the Northern District of Alabama, No. 7-04-CV-BU-M, H. Dean Buttram, Jr., J., dismissed former employees complaint for lack of subject matter jurisdiction. Former employee appealed. The Court of Appeals, Alarcon, Circuit Judge, sitting by designation, held that (1) district court did not err in determining that there was a substantial question as to FECA coverage of former employees second alleged injury, namely, OWCPs purported delay in authorizing surgery, and that the coverage determination by the Secretary was necessary before former employees FTCA claims could proceed, and () district court did not err in ruling that it lacked jurisdiction to review the Secretarys determination that the OWCPs delay in authorizing surgery, and that the job loss and prolonged pain allegedly resulting therefrom, fell within FECAs coverage but were uncompensable under the statutes limited remedies.Affirmed. …Once the Office of Workers Compensation Programs (OWCP) determines that a disability or death resulted from a work-related injury as defined by the Federal Employees Compensation Act (FECA), claimant is limited to the remedies authorized by FECA, even if a particular type of damage or consequence the claimant suffered is not compensable under FECA. 5 U.S.C.A. § 8116(c).- United States V.Udy, 81 F.d 455, infraSpecial Zone of danger The mere fact that the injury occurred while the employee was on the premises of his/her employer generally is not controlling; the court inquires whether the obligations or the conditions of the employment created a "special zone of danger"- (Bailey v U.S., 451 Fd 6,171, Action by employee of army laundry for injury sustained when employees automobile was struck by military truck on government premises. The United States District Court for the Western District of Louisiana at Lake Charles, Benjamin C. Dawkins, Jr., Chief Judge, entered judgment for employee and Army appealed. The Court of Appeals, Lewis R. Morgan, Circuit Judge, held that circumstance that employee was returning home from her job at army laundry when her automobile was struck by military truck and that accident occurred on army base did not present substantial question of FECA coverage and employee could maintain action under the Federal Tort Claims Act. Affirmed. Clark, Circuit Judge, dissented and filed opinion. (This case has many negative history and criticism) - United States v. Udy, 81 F.d 455, 456 (10th Cir.167)- Action by wife, on behalf of herself and her children, against United States to recover for death of her husband who was killed while a civilian employee on air force base. The United States District Court for the District of Utah, A. Sherman Christensen, J., rendered judgment for plaintiffs, and defendant appealed. The Court of Appeals, David T. Lewis, Circuit Judge, held that where decedent had checked out from his employment site, had traveled three miles from that location and was then killed in automobile accident after having returned to restricted area, with permission of government, to avoid road construction on his normal route, there was no substantial question presented as to whether his death occurred in performance of his duties, and recovery of wife and children under the Federal Tort Claims Act was not barred by any coverage under the Federal Employees Compensation Act.Affirmed. Question of Substantial coverage of FECA The general rule is that the federal employee cannot proceed with an action of F.T.C.A. if there is a "substantial question" whether FECA applies; or unless the injury is "clearly not compensable" under FECA. - (Somma v US, 8 Fd 14, 160)- (Noble v U.S., 16 F d 1, 000, supra)- (Farley v. US, 16 Fd 61, 1, Former employees of United States Probation Office brought action under Federal Tort Claims Act, alleging sexual discrimination by supervisor. The United States District Court for the Northern District of Oklahoma, John E. Conway, Chief Judge, dismissed for lack of subject matter jurisdiction, and employees appealed. The Court of Appeals, Brorby, Circuit Judge, held that (1) substantial question existed as to whether Federal Employees Compensation Act (FECA) was applicable, so court had to stay proceedings in instant action pending FECA coverage decision by Secretary of Labor, and () abatement, rather than dismissal, of instant action was proper.reversed and remanded with directions) (White v. US, 14 F.d , 18-court of appeal found substantial question of whether FECA applies.) FTCA would not apply unless it is certain that Secretary of Labor would find no coverage under FECA- White V. U.S. Civilian employee of the Department of the Army, who was struck and injured by government vehicle when he was driving home from work on a street within the military installation where he worked, sued United States under Federal Tort Claims Act (FTCA). The United States moved to stay proceedings pending decision by the Secretary of Labor on issue of Federal Employees Compensation Act (FECA) coverage. The United States District Court for the Western District of Texas, W. Royal Furgeson, Jr., J., denied motion for stay, and, subsequently, entered judgment for employee. United States appealed. The Court of Appeals, Emilio M. Garza, Circuit Judge, held that substantial question existed as to whether Secretary of Labor would find FECA coverage for employees injuries, thus requiring court to stay proceedings pending Secretarys determination on that issue; receding from - Bailey v. United States, 451 F.d 6(5thCir.171). Reversed, vacated, and remanded.- Noble V. U.S., supra- Traver V. U.S., 5 F. d 00, 10th cir.(colo., may 18 14- Figueroa v. U.S., 7.d 1405 (th cir. Guam), 1)- Swafford V. US 8 F.d 87, 10th circ, Okla., 1- Tiippetts V. U.S., 08 f.d 101, 10th circ, Utah, 00The injury coved in FECA does not include claims on mental distress - Sullivan v. United States, 48 F.Supp. 7, 81 (E.D.Wis.177)The motion of the defendant United States is bottomed on its contention that Mr. Sullivans exclusive remedy in this matter is with the Office of Workers Compensation Programs. Section 1005(c) of U.S.C. Provides that remedies for certain injuries are available exclusively under 5 U.S.C. s 8101, which relates to compensation for federal employees for work-connected injuries. I believe the position of the United States is incorrect. The type of injuries covered in 5 U.S.C. s 8101(5) includes injury by accident and disease; it does not appear to include such claims as are presented here for discrimination, mental distress, or loss of employment. The argument advanced by the defendant United States therefore does not entitle it to dismissal of this action.However, I find for different reasons that the complaint must be dismissed against this defendant for lack of subject matter jurisdiction. Rule 1(h)(), Federal Rules of Civil Procedure, directs a court to dismiss an action in the absence of jurisdiction over the subject matter. That rule provides- DeFord V. Secretary of Labor, 700 F.d 81-… The FECA provides generally for compensation upon disability or death of employees due to personal injury. 5 U.S.C. § 810. To the extent that the term is potentially relevant here, the definition of an injury is more specifically limited to injury by accident or by a disease proximately caused by the employment. 5 U.S.C. § 8101(5). It has been held that [t] he type of injuries covered in 5 U.S.C. § 8101(5) ... does not appear to include such claims as ... for discrimination, mental distress, or loss of employment. Sullivan v. United States, 48 F.Supp. 7, 81 (E.D.Wis.177). We are inclined to agree. Neither the language of the statute itself nor the policy foundations underlying workmens compensation acts support a conclusion that intentional discrimination is to be viewed as causing an injury subject to FECA coverage. True it is that compensation acts are habitually given a liberal construction in order to effectuate their intended purposes, e.g., United States v. Udy, 81 F.d 455, 456 (10th Cir.167), but it should also be recognized that [s]uch a rule of construction is for the benefit of the employee so that liberal coverage under the Act may be provided, DeSousa v. Panama Canal Co., 0 F.Supp. , 5 (S.D.N.Y.16), and is not a device to be used for applying the FECA where it has no application or where stretching its application would be unjust, id. at 5; accord, 0 C.F.R. § 10.1(c)- McDaniel v. U.S., 70 F.d 14, 6th cir. Ohio, 1- Former postal worker brought action under the Federal Tort Claims Act (FTCA) alleging negligent and intentional infliction of emotional distress by a supervisor. The United States District Court for the Southern District of Ohio, Walter Herbert Rice, District Judge, dismissed the action under the FTCA, and the former postal worker appealed. The Court of Appeals held that (1) the Federal Employees Compensation Act (FECA) preempted the FTCA claims, and () the former postal worker could seek remedies under either the Civil Service Reform Act (CSRA) or the FECA.Affirmed. McDaniel contends that FECA does not cover claims based upon non- physical emotional distress. He relies upon this courts opinion in DeFord v. Secretary of Labor, 700 F.d 81 (6th Cir.18). In that case, DeFord, a Tennessee Valley Authority (TVA) employee, brought an action pursuant to the Energy Reorganization Act of 174 (ERA), alleging that the TVA had illegally discriminated against him because he assisted in a Nuclear Regulatory Commission investigation at a TVA facility. Id. at 8. We held that FECA did not cover such claims The FECA provides generally for compensation upon disability or death of employees due to personal injury. 5 U.S.C. § 810. To the extent that the term is potentially relevant here, the definition of an injury is more specifically limited to injury by accident or by a disease proximately caused by the employment. 5 U.S.C. § 8101(5). It has been held that [t]he type of injuries covered in 5 U.S.C. § 8101(5) ... does not appear to include such claims as ... for discrimination, mental distress, or loss of employment. Sullivan v. United States, 48 F.Supp. 7, 81 (E.D.Wis.177). We are inclined to agree.DeFord, 700 F.d at 0 (alteration in original) (emphasis added). Technically, because DeFord involved discrimination rather than mental distress, the emphasized language is dictum. The logic of the passage, however, applies equally to mental distress, and thus, DeFord undoubtedly bolsters McDaniels position.Nonetheless, the Secretary of Labor, not the Sixth Circuit, has the final say as to the scope of FECA The action of the Secretary or his designee in allowing or denying a payment ... is-- (1) final and conclusive for all purposes and with respect to all questions of law and fact; and () not subject to review by another official of the United States or by a court by mandamus or otherwise.- Greathouse v. U.S. 61 F.Supp. 17 W.D.Ky.,17. Former federal employee brought action against government under Federal Tort Claims Act (FTCA) to recover damages for emotional injuries. Government moved to dismiss, contending that former employees claim was barred by Federal Employees Compensation Act (FECA). The District Court, Heyburn, J., held that whether former employees emotional injuries were compensable under FECA presented a substantial question of coverage which was best left to Secretary of Labor.Motion denied; action stayed… Subsequent to DeFord ... the Sixth Circuit has described the language in DeFord stating that FECA does not apply to claims regarding mental distress as dictum. See McDaniel v. United States, 70 F.d 14, 16 (6th Cir.1). Further, the McDaniel Court held that FECA applied to, and therefore preempted, a claim of intentional infliction of emotional distress when the harassment of a supervisor triggered a psychiatric hospitalization.Saltsman, 104 F.d at 70.Nonetheless, the issue has not been resolved definitively. The McDaniel court explained that even though it may have disagreed with the outcome, the Secretary of Labor had decided that FECA covered McDaniels claims and the Secretarys determination of the scope [of FECA] is binding upon this court. McDaniel v. United States, 70 F.d 14, 17 (6th Cir.1). The court did not state a general rule as to the applicability of FECA; it only determined that the Secretarys decision on that issue was conclusive. As a result, it left the question of whether FECA categorically covers emotional distress claims, absent physical injury, unanswered. Moreover, none of these cases explain what this Court should do when a plaintiff with a potential FECA claim completely bypasses that exclusive remedy.- Aponte v. U.S. Dept. of Treasury, Bureau of Alcohol, Tobacco, and 40 F.Supp. 88 E.D.N.C.,16. Sept. , 16Deputy sheriff for county brought action against United States under Federal Tort Claims Act (FTCA) to recover damages for injuries he sustained from gunshot wound when executing federal search warrant and federal arrest warrant. On United States motion to dismiss, the District Court, Terrence William Boyle, J., held that (1) Federal Employees Compensation Act (FECA) applied to cover deputy sheriffs injuries; () coverage under FECA was exclusive remedy; () FECA coverage included claims of emotional distress and loss of consortium; and (4) refusal to accept FECA benefits did not nullify determination of FECA coverage.Motion granted.

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Roman Games

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Rome, home of the famous Gladiator games. Tens of thousands of spectators showed up for these events. But what part of a roman's life did these games have? Read on and find out¡­

First of all it should be noted that Romans didn't only watch gladiators, they also enjoyed chariot races and animal hunts. Let's find out what was done in each of these sports.

Gladiators (which means swordsmen) were first held as a funeral ceremony for dead heroes but later became so popular that they were held almost on a monthly basis. Most were only little competitions with 0 pairs of gladiators but when an emperor was celebrating there would be large competitions. An example would be when Emperor Trajan celebrated his conquest of Dacia, the celebration lasted over 4 months and 441 pairs of gladiators fought. These events were held in the Roman Colosseum, which would have held over 50000 people. At first gladiators were slaves or criminals which had no rights, but later on free men would volunteer themselves to become one. But why would a free man want to become a gladiator? When he took the gladiator's oath, he agreed to be treated as a slave and suffered the ultimate social disgrace. As unattractive as this may sound to us, there were advantages. The candidates life took on new meaning. He became a member of a cohesive group that was known for its courage, good morale, and absolute fidelity to its master to the point of death. His life became a model of military discipline and through courageous behavior he was also now capable of achieving honor similar to that enjoyed by Roman soldiers on the battlefield. Also, The living conditions of gladiators were harsh but, they perhaps lived better than many commoners in terms of food, housing, and medical attention. New or undisciplined men were chained and unattended only in the bathroom, but trained gladiators were not always bound, imprisoned, or even confined to barracks! It should also be noted that some emperors were swept away by gladiator mania, such as Caligula and Commodus (late second century AD). Both of these emperors actually appeared in the arena as gladiators, no doubt with opponents who were careful to inflict no harm. Both of these emperors were mentally unstable and apparently felt no inhibitions in indulging their gladiatorial fantasies. But gladiator mania affected not only the mentally unbalanced. At least seven other emperors of sound mind (including Titus and Hadrian) either practiced as gladiators or fought in gladiatorial contests.

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Animal Hunts took place before or in between gladiator fights. There would be animals fighting humans or even put up against themselves. Emperors would go out and spare no expense trying to find the rarest and most exotic animals to be put up for fight in the arena. Exotic and fierce wild animals had to be imported to Rome from North Africa or the Near East. The usual method was to have bush beaters and men on horseback chase lions, panthers, leopards, and other large animals into an area surrounded by shields and nets. The Roman's ¡°Capital Punishment also took place in the colosseum with Animals. Capital punishment was carried out by requiring criminals to face wild animals without the benefit of weapons and armor. This punishment was called ¡°ad bestias (to the beasts) and was ranked alongside crucifixion as the most shameful of all penalties. Because of its shamefulness, it was deemed appropriate for slaves and lower class citizens (convicted upper class citizens were usually beheaded). Christans were usually singled out for the punishment because of their refusal to acknowledge the gods of the state. Ad bestias, however, was not the only manner of execution in the arena. Some condemned criminals were required to fight each other with a sword without the protection of a helmet or shield. The winner of one of these contests then had to fight other criminals until he himself was killed. In this way criminals executed each other. Seneca emphasizes that he did not view the public execution of criminals as entertainment ¡°The purpose of executing criminals in public is that they serve as a warning to all, and because in life they did not wish to be useful citizens, certainly the state benefits by their death. ChariotsThe Roman Circus Maximus ¡ª or racetrack ¡ª was a rough and raucous place, which seated nearly 00,000 people. The Circus was long and oval shaped, with two long parallel sides and one rounded end, with seating all around. The farthest end of the oval was filled with stables and starting boxes. Down the center of the racecourse ran a low wall called the spina, which contained decorative sculptures that would be tilted to let spectators know how many laps had been completed.As many as twelve chariots raced at one time in a seven-lap mad dash around the track. The races were extremely dangerous, and often deadly for the drivers; the chariots were by necessity very light vehicles, and drivers thrown from a broken or overturned chariot were frequently trampled and killed by the charging horses, or became caught in the reins and were dragged to their deaths.There were several popular teams ¡ª Red, White, Blue and Green ¡ª each with its own organization for finding riders and horses. The chariot drivers themselves were usually slaves or freedmen, and their loyal fans often cursed rival teams with ferocious partisanship

Romans on the most part enjoyed these games for all the blood and excitement. They came to these games by the thousands, often betting large sums of money on their favorite team. Romans learned when to be forgiving or bloodthirsty during gladiator fights, they would either plead for one to be spared or would scream for a man to get his head chopped off. They learned to have favorite teams or fighters just as we do today and they cheered for those teams. These games became a very important part of their life, acting as a form of entertainment or way to let off steam. Had these games not been there the Roman civilization may have been dramatically different, the army may not have been so great and the people would not have had the character that they developed while watching these games.

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Love

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There are many different kinds of love that a person can feel. One is the love that a person can feel towards his/her lover. Another kind of love is the love that a person can feel towards his/her friends. Last of all there is the love that a person can feel towards his/her pets. The love that one can feel for his/her lover, for his/her friends, and the love that one can feel towards his/her pets are all a very important aspect to ones happiness. First, the love that one can feel towards his or her lover should be the most withsatnding of alll. It is the most important and can sometimes be the most painful. This love is the rarest of all, and usually a person will on;y experience this love once or twicw in his or her lifetime. One may confuse his or her love with friendship love, but this degree of love is what can last forever and withstand even the most miserable times in a persons life. Second, the love that a person can feel towards his/her friends is a very special kind of love. Only certain people may fit into this categoery, as with relationahip love. This love is also very hard to come by because not everyone is trust worthy enough to be a friend. A true friend will go through their most painful times in life and may often feel that persons pain as if it were them being hurt. Sometimes this love can even rival the love that a person can feel for his or her lover if he or she has known that friend and has withstood more with them. Finally, there is the love that a person can feel towards his/ her pets. Love for a pet can be very strong if that person cares about his or her pet a great deal. To aome people, a pet is the only thing that they have to keep them company, and a pet can be very dear to them. In a sense, apet can be just as close as a friend if one puts forth enough time with it. Some pets can even feel their owners feelings and will comfort their owner if they sense his or her distress.

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In conclusion, people can actually experience different levels of love such as the love that they can feel towards their lover, the love that they can feel toward his or her friends, and the love that one can feel towards his or her pets. All of these levels of love can complete a person if not atken for granted. However, these levels of love can severly break a person also. Please note that this sample paper on Love is for your review only. In order to eliminate any of the plagiarism issues, it is highly recommended that you do not use it for you own writing purposes. In case you experience difficulties with writing a well structured and accurately composed paper on Love, we are here to assist you. Your cheap custom college paper on Love will be written from scratch, so you do not have to worry about its originality.

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