Monday, July 20, 2020
Drug Users and Their Experiences With Flashbacks
Drug Users and Their Experiences With Flashbacks Addiction Drug Use Hallucinogens Print Drug Users Experiences With Flashbacks By Elizabeth Hartney, BSc., MSc., MA, PhD Elizabeth Hartney, BSc, MSc, MA, PhD is a psychologist, professor, and Director of the Centre for Health Leadership and Research at Royal Roads University, Canada. Learn about our editorial policy Elizabeth Hartney, BSc., MSc., MA, PhD Medically reviewed by Medically reviewed by Steven Gans, MD on July 28, 2016 Steven Gans, MD is board-certified in psychiatry and is an active supervisor, teacher, and mentor at Massachusetts General Hospital. Learn about our Medical Review Board Steven Gans, MD Updated on September 27, 2019 Claudia Burlotti/Getty Images More in Addiction Drug Use Hallucinogens Cocaine Heroin Marijuana Meth Ecstasy/MDMA Opioids Prescription Medications Alcohol Use Addictive Behaviors Nicotine Use Coping and Recovery If you have been using drugs or spending time with drug users or people who know them, you may have heard them talking about flashbacks, and wondered what is a flashback. Flashbacks are quite a common experience among drug users, although not everyone who experiences them finds them troubling. Those that do may have Hallucinogen Persisting Perception Disorder. What Is a Flashback? A flashback is a sensation of re-experiencing the effects of a drug after the true effects of the drug have worn off. Most often, flashbacks are used to describe the re-experiencing of the effects of a hallucinogenic drug, such as LSD or magic mushrooms. Flashbacks typically happen in the days or weeks following ingestion of the drug but can happen months or even years after the drug use has been discontinued. Sometimes, flashbacks can be intense and unpleasant and can happen frequently, even if the person experiencing them is abstaining from drug use. Flashbacks that continue to happen in this way are a medically recognized phenomenon, which is documented in the Diagnostic and Statistical Manual of Mental Disorders (DSM 5) as Hallucinogen Persisting Perception Disorder (Flashbacks). Causes The experience of flashbacks is not caused by current intoxication of a hallucinogen, nor is it caused by another mental disorder, such as schizophrenia, nor by another medical condition, such as brain damage â" although all of these conditions may produce similar effects to hallucinogenic drugs, such as hallucinations and delusions. Flashbacks can come on unpredictably or in response to a trigger, such as tiredness, anxiety or stress. Most often, this is when they are problematic for the individual experiencing them â" as the individual is feeling vulnerable due to the trigger, the out-of-control feeling of being on a drug that has not been consumed can be very confusing and upsetting. However, the experience of a flashback can also be self-induced, by the individual thinking about the experience of tripping on a hallucinogenic drug, and this is not generally a problem. Contrary to a popular myth about LSD, flashbacks are not the result of LSD being stored in the body and re-released. What Are Flashbacks Like? Flashbacks usually take the form of mild visual hallucinations, such as seeing geometric formations, intensified colors, and halos or trailing after-effects of images. Occasionally, people or situations may seem bizarre or ridiculous, or the person experiencing the flashback may feel disassociated. When this happens in a social situation requiring self-control, it can be embarrassing or scary for the individual experiencing it. However, flashbacks are not usually as intense or long-lasting as an actual drug experience, usually lasting just seconds or minutes, and are easier to control mentally than intoxication or a bad trip. How to Cope Having a flashback can be quite distressing, and calming or self-soothing activities can help ease the psychological discomfort that can result. Flashbacks usually subside on their own after the drug use has been discontinued, over the course of a few months. In a flashback, the person is generally aware that they are experiencing a drug-induced effect. If the person has no insight into the drug-induced nature of their symptoms, or if these experiences persist or cause significant distress, they should seek a psychiatric assessment to determine if there is another mental health issue involved, such as psychosis. Although there is no recognized medical treatment for flashbacks, a psychologist can also help to treat the anxiety that can accompany flashbacks, giving more of a sense of self-control.
Thursday, May 21, 2020
The Apology By Plato s Speech - 1416 Words
The Apology by Plato is an account of the speech Socrates makes at his trial. He was charged with not acknowledging the gods that the government recognized, inventing new deities and corrupting the youth of Athens. The speech is not an apology, however, it is more of a defense. In the beginning of his speech Socrates explains that he has no experience in courts and he will speak informally. He then explains that his behavior is heavily influenced by a prophecy told by an oracle which stated that he was the wisest man. Socrates knew this couldnââ¬â¢t possibly be true in the traditional sense, however he concludes that the way he must be wiser than other men is that he knows that he knows nothing. Socrates thinks that his duty is to expose ââ¬Ëwiseââ¬â¢ menââ¬â¢s wisdom as ignorance. As a result, his actions earned him a lot of admiration among the youth of Athens, as well as a lot of contempt from the people he exposed as stupid. He explains that their anger is the reason he is on trial in the first place. Socrates then interrogates Meletus, the man primarily responsible for Socrates being on trial. This interrogation, however, is more directed at embarrassing Meletus than actually finding the truth. Socrates argues that his influence is necessary, however annoying it may be, for the state to be productive. Socrates is found guilty by a small margin and is asked to suggest a penalty for himself. Socrates jokingly suggests that he be served a great meal for being such a service to the state,Show MoreRelatedPlatos Apology, Summary, Main Characters750 Words à |à 3 PagesSocrates - The protagonist of The Apology, as well as all of Plato s other dialogues. Socrates seems to be a very simple man, not having many material possessions and speaking in a plain, conversational manner. However, this seeming plainness is all a part of the ironic characteristic of Socrates method. Professing his own ignorance, he engages in conversation with someone claiming t o be an expert, usually in ethical matters. By asking simple questions, Socrates gradually reveals that his interlocutorRead MorePlatos Philosophy in Apology1375 Words à |à 6 PagesPHL202H5 Plato s Philosophy in Apology Plato was known to be one of Socrates students, and knew him for over 40 years. Although Plato s version of Apology is popularly believed to be (the most accurate) historical recount of what happened in 399 B.C on the day of Socrates trial, historians cannot be sure the validity of everything he wrote. It can be argued that it is actually a philosophical work, remarking on the teachings of Socrates and his beliefs, which he stood by even until hisRead MoreWhat Are The Charges Against Socrates?1019 Words à |à 5 Pagesagainst Socrates as recorded in the Apology. Is he guilty of them? Why or why not? The Apology is assumed to be the most realistic account that has been conserved of Socrates defense of himself as it was presented before the Athenian Council. It is in essential agreement with the references to the trial that occur in Plato s other dialogs. We may determine that Apology is not written by Socrates and only contains the words of Socrates that were memorized by Plato, since he was present at the timeRead MoreApology On Apology Of Socrates852 Words à |à 4 PagesMarch 2, 2017 Apology of Socrates Socrates was a Greek philosopher and the founder of western philosophy. Plato was the student of Socrates who was very motivated by the life and teaching of Socrates. Plato was also one of the greatest Philosopher of ancient Greece. Apology is the actual recorded speech of Socrates by Plato, which was delivered at the trail to defend himself. Many people did not agree with Socrates, so they made several charges against him, which is recorded in the Apology. Some ofRead MoreApology On The Book Apology1308 Words à |à 6 PagesThe book Apology begins with Socrates making a short speech in which he defends his innocence. He was on trial because of the two ââ¬Å"Laterâ⬠charges against him. Corrupting the youth and disbelief in Athenian gods were among the charges. Before he began his speech, he made it clear to the judges that he is not familiar with the court system and also that itââ¬â¢s his first time in court so that he will be speaking in his ââ¬Å"usual mannerâ⬠. His accusers warned the judges that he has a great persuasive powerRead MoreComparison Between Crito and Apology1661 Words à |à 7 PagesComparison between Crito and Apology For these two articles that we read in Crito and Apology by Plato, we could know Socrates is an enduring person with imagination, because he presents us with a mass of contradictions: Most eloquent men, yet he never wrote a word; ugliest yet most profoundly attractive; ignorant yet wise; wrongfully convicted, yet unwilling to avoid his unjust execution. Behind these conundrums is a contradiction less often explored: Socrates is at once the most Athenian, mostRead MorePlato s Apology And Ralph Waldo Emerson s On Self Reliance1559 Words à |à 7 PagesThrough Platoââ¬â¢s Apology and Ralph Waldo Emersonââ¬â¢s ââ¬Å"Self-Relianceâ⬠both contend that living an unexamined life is living a life of ignorance and futility. On the other hand, living an examined life is living an enlightened life full of intelligence. I agree with Plato and Emersonââ¬â¢s similar ideas that without knowledge, life as it is, is not worth living. They both argue that having personal beliefs create s an intelligent society. Having knowledge allows for one to set goals and objectives to achieveRead MorePlatos The Apology Essay1530 Words à |à 7 Pagesand yet they have hardly spoken a word of truth.â⬠ââ¬â Plato ââ¬Å"The Apologyâ⬠In ââ¬Å"The Apology,â⬠Socrates represents himself in his own trial. He boldly questions the morality of the people of court. In this report, I will be analyzing portions of ââ¬Å"The Apologyâ⬠in order to reveal the intellectuality of this text within this time frame. I will only discuss bits of ââ¬Å"The Apologyââ¬Å" on account that it is a lengthy piece. However, before discussing the speech it is important to set the scene. Socrates was bornRead MoreAnalysis Of Plato s The Ring Of Gyges 1510 Words à |à 7 Pagesif you had a magic ring like the ring of Gyges (Republic, 359d)? Why be just or moral? Develop the complete answer of Socrates in Plato s Republic, through 449a. Then consider whether Plato s Socrates in The Apology would answer in a way that was any different, in substance or in tone. Your own opinion is worth a page of so, but focus on the argument of Plato s Socrates. When Glaucon attempts to argue that no difference exists between the just and unjust man, he tells the tale of the RingRead MorePlato, An Ancient Greek Philosopher1458 Words à |à 6 Pages Plato, an Ancient Greek Philosopher by Carly Rittenmeyer Bible and the Ancient World Spring 2015 Plato, a Greek Philosopher, is known for his writings that impacted people in the Ancient Greek society. He was a free thinker and lived in a free city, Athens. He was taught by multiple teachers including Socrates who was frequently mentioned in his writings as the central character. Platoââ¬â¢s novel, The Republic, influenced the idea of government and shows
Wednesday, May 6, 2020
Personal Statement Mental Health - 1571 Words
Melissa Mavure Personal Statement My passion and determination to undertake study within the mental health sector dwells from the insight I have been privileged to gain in my current role as a link care coordinator, working with people who suffer from a range of ailments within the mental health spectrum; from learning disabilities, Alzheimerââ¬â¢s, Dementia, OCD, Autism to name but a few. I am inspired to embark on this path because I want to gain an in depth understanding within the Learning Disability and Mental Health field for example professional aspects of care, biological basis for health and well being, identifying knowledge for nursing practice, origins and expressions of Mental Health and wellbeing, I want to be able to carry out the tasks of providing care and support for people with mental in capabilities, knowing that I am doing so with the full comprehension and grasp of what each patient needs. I am interested in the subject of mental health and learning disabilities nursing because both these subject areas are of importance to me both professionally and personally. Having been born in Zimbabwe where mental health is not taken seriously or as an important issue and being raised in the UK were I have come to gain some understanding and realization on the matter of mental health, I am greatly affected when I notice how far this country has come within its education and grasp of mental illness as well as social inclusion to those with mental health issues, asShow MoreRelatedPersonal Statement : Mental Health Counselor772 Words à |à 4 PagesAs a mental health counselor in training, I look forward to continuing the process of being aware of my own beliefs and biases. I also recognize that I am human and anticipate some life issues presented by clients will present challenges that I encounter. First Issue: The first life issue that would be a challenge for me is a client who has perpetuated abuse or has been neglectful to a child. The types of abuse that would be most challenging include physical and sexual abuse, albeit all forms ofRead MorePsy 496 Entire Course Applied Project1345 Words à |à 6 PagesRÃâsumÃâs.docx PSY 496 Week 3 DQ 1 Presentation by Experts.pptx PSY 496 Week 3 DQ 2 Mental Health Disciplines.docx PSY 496 Week 4 Assignment Careers in Psychology.docx PSY 496 Week 4 DQ 1 Subfields of Psychology.docx PSY 496 Week 4 DQ 2 Personal Statements in Applications.docx PSY 496 Week 5 DQ 1 Multicultural Competency and Inclusive Excellence.docx PSY 496 Week 5 DQ 2 Communication Competency Presenting Mental Health Information.docx PSY 496 Week 5 Final Project. PSY 496 Entire Course AppliedRead MoreThe Factors That Influence Procrastination938 Words à |à 4 Pages(Ferrari, BarnesSteel,2009). Some procrastinators delay tasks to seek thrill and some believe they work best under pressure. In this paper I will be examining the factors that influence procrastination. Age, gender, anxiety, education level and personal life is linked to procrastination. Procrastinators have been categorized into two categories: avoidant and arousal procrastinators. Arousal procrastinators are aroused at the last minute, eager to complete their last minute assignment. The adrenalineRead MoreThe Current Good Practice Strategies949 Words à |à 4 Pagesgroup, with an illustration of different concepts and theories that will support; social and personal values, attitudes and ideology related to health and social care. This good practice guide will explore the importance of understanding the legislations and how it influences those within the organisation. Jhayââ¬â¢s Support Group is a service for young people aged 16-25 who has a learning. Mission Statement Jhayââ¬â¢s Support Group (JSG) assist those who have a learning disability by empowering them toRead MoreMediation And Race : Mediation1599 Words à |à 7 Pagesdeteriorate relationships. For example, saying ââ¬Å"You are so articulateâ⬠to an African American can be taken very offensively. I can personally attest to this situation. I have heard this almost as many times as I have been told that I ââ¬Å"talk whiteâ⬠. Statements such as these can cause participants to feel judged and refrain from participating openly. ââ¬Å"Ebonicsâ⬠or ââ¬Å"black soundsâ⬠has been the phrase used to describe this pattern of language. Often used in a derogatory way, this speech has deeper culturalRead MoreThe Department Of Veterans Affairs889 Words à |à 4 PagesThe Department of Veterans Affairs (VA) is a health care system that offers programs to benefit veterans and their families. Benefits include, but are not limited compensation payments for disabilities or death related to military service, pensions, education, health care and rehabilitation. The Department of Veteran Affairs functions as the nationââ¬â¢s largest integrated health care system, with more than 1,700 hospitals, clinics, community living centers, domiciliary, readjustment counseling centersRead MoreThe Human Resources Code ï ¿ ½Ã¯ ¿ ½ 533-042 : Evaluation Of Elderly1091 Words à |à 5 Pagesan elderly resident of a department mental health facility. The appropriate interdisciplinary team shall conduct the evaluation of an el derly resident of a department mental retardation facility. (e) The department shall attempt to place an elderly resident in a less restrictive setting if the department determines that the resident can be appropriately served in that setting. The department shall coordinate the attempt with the local mental health and mental retardation authority. (i) Is Mr.Read MoreInformative Speech On Excessive Homework910 Words à |à 4 PagesP classes in high school over the past 3 years. Preview your main points: I will speak about: work, mental health and school all joined together. Transition Statement- Students are very busy in college while being adults and the majority of studentââ¬â¢s struggle finding the right amount of time to complete ones homework. Body: I. The amount of hours studentââ¬â¢sRead MoreThe Mentally Ill O FF Ender Treatment And Crime Reduction Act Of 2004 : Problems And Prospects1321 Words à |à 6 PagesChristine M. Litschgea and Michael G. Vaughn, is a research article whose focus is three-fold. First, the researchers reviewed the literature available on the components that have influenced the considerable increases of incarcerated persons with severe mental illness (SMI). Secondly, they analyzed the Mentally Ill Oï ¬â¬ender Treatment and Crime Reduction Act of 2004 (MIOTCRA), and evaluated if, since its inception, has reduced the problems associated with incarcerated persons with SMI. Thirdly, they offeredRead MoreBecoming A Social Worker : Rutgers University1593 Words à |à 7 Pagesperson my friends would go to when something was wrong and they needed to talk. Growing up, I also experienced close family members struggle with addiction and mental health problems. I have seen how damaging these experiences can be on an individual. I have also witnessed the effects these experiences can have on family relationships. My personal occurrences have instilled in me a further desire to become a social worker. Rutgers University is a very well known and respected university. I have heard
Casefile Method â⬠Answer to Casefile 1.1 Free Essays
MEMORANDUM 03. 01. 2010 TO: FROM: RE: Daphne Matthews Alex Associate ââ¬â 4667 Memo Assignment 1: Who Does the Pastry? I. We will write a custom essay sample on Casefile Method ââ¬â 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 Collinsââ¬â¢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 ââ¬Å"five years from the signature thereof. â⬠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 Collinsââ¬â¢s employment contract absent any other considerations. However, as the Kansas court states: ââ¬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 partyââ¬â¢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 Crestââ¬â¢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 ââ¬Å"head chefâ⬠to determine duties The Supreme Court of Virginia stated in Neely v. White, ââ¬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 ââ¬Å"assume the duties of head chef,â⬠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 ââ¬Å"industry standardâ⬠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, ââ¬Å"when evidence of custom and usage of the trade is used to interpret a contract and the issue is disputed, summary judgment is inappropriateâ⬠¦Ã¢â¬ (Nadherny v. Roseland Property Company, Inc. ). It is also helpful to our case that Mrs. Stein states in her deposition, ââ¬Å"the head chef runs the dining room. â⬠While not acknowledging the specific ability to hire, Mrs. Stein is definitely associating Collinsââ¬â¢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 Collinsââ¬â¢s ability to hire and fire his ââ¬Å"teamâ⬠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 Rudmanââ¬â¢s books without approval and took away his managerial role and oversight. The court found a breach of contract and explained, If an employeeâ⬠¦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. â⬠Here, Crest will argue that the employment agreement was far clearer in Rudman, and the employer agreed upon Rudmanââ¬â¢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 ââ¬Å"be reduced to being only a productive writer,â⬠neither can Collins, the head chef, be reduced to being only another cook. And finally, the court states: ââ¬Å"an independent entrepreneur like Rudman would not expect and probably would not accept a subordinate scrivenerââ¬â¢s role. â⬠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. Crestââ¬â¢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 Childrenââ¬â¢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 Lukaszewskiââ¬â¢s health was selfinduced and that Lukaszewski did not resign for health reasons, but to take a better job. Crest will compare Collinsââ¬â¢s actions to Lukaszewskiââ¬â¢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 Crestââ¬â¢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 Collinsââ¬â¢s duties included the sole ability to hire chefs, but not coming into work is most definitely a violation of the ââ¬Å"duties of head chefâ⬠that he did possess. Thus, if Collins canââ¬â¢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 Collinsââ¬â¢s deposition, he states that he was in discussions with the Treadwell center, but not until after Crestââ¬â¢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 Casketmakerââ¬â¢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, ââ¬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. â⬠iii. Collinsââ¬â¢s Rebuttal In response to Crestââ¬â¢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 defendantââ¬â¢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 Collinsââ¬â¢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, ââ¬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. â⬠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 ââ¬Å"forfeiture of compensation by the employee during the period of breach of fiduciary duty. â⬠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, ââ¬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. â⬠In Lukaszewski the pay rates for teachers were set, and the school hired someone with more experience and the court still didnââ¬â¢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%. Collinsââ¬â¢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 ââ¬â Answer to Casefile 1.1, Papers
Sunday, April 26, 2020
Using the readings by B. Malinowski, briefly describe the Kula exchange and its importance in Trobriand society Essay Example
Using the readings by B. Malinowski, briefly describe the Kula exchange and its importance in Trobriand society Paper Essentially Kula is a form of exchange that is carried on by communities that inhabit a ring of islands to the east of Papua New Guinea, known as the Kula Ring. The Kula consists of the giving of a ceremonial gift, which has to be repaid by an equivalent counter-gift after a lapse of time. Gifts of two kinds known as vaygua are constantly travelling in opposite directions. Travelling clockwise are 2-3 meter necklaces known as soulava. Soulava are made up of flat, round, spondylus shell discs which range in colour anywhere from red to muddy brown. Travelling anti-clockwise are arm-shells known as mwali. Mwali are made by breaking the top and narrow end of a big cone-shaped shell to form a polished white shell ring. Mwali and soulava are used as ornaments on occasions of significant importance however though usable this is not the main function of these articles. The ceremonial exchange of mwali and soulava is the fundamental aspect of the Kula. To understand how the simple exchange of two articles results in an vast, complex and deeply rooted institution one must look at every detail of this exchange which is fixed and regulated by a set of traditional rules and conventions. We will write a custom essay sample on Using the readings by B. Malinowski, briefly describe the Kula exchange and its importance in Trobriand society specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Using the readings by B. Malinowski, briefly describe the Kula exchange and its importance in Trobriand society specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Using the readings by B. Malinowski, briefly describe the Kula exchange and its importance in Trobriand society specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Not every man who lives within the cultural sphere of the Kula participates in it. Exclusions can be local, where whole villages dont engage in the Kula, or social, where commoners of low rank in big Kula districts are refused entry into the Kula. To become a practicing member of the Kula a man must have passed the stage of adolescence, have the required status and rank, know the magic of the Kula, possess a piece of vaygua and thus have entered into a partnership. After a man enters into the Kula he will then partake in a large overseas canoeing expedition known as an uvalaku. It is extremely competitive, driven by a communitys desire to present the most and highest quality vaygua to partners in other districts, and also an individuals desire to receive and therefore display acquisitions on their return in a ceremony known as tanarere. Both a commoner and a chief enter into the Kula the same way and follow the same guidelines. Kula transactions can only be done between partners. Partnerships are entered upon in a definite manner, are life-long, and must fulfil certain formalities. The number of partners a man has varies with rank and importance. An average man will have a few partners near by, usually relations-in-law or friends. He will have one of two chiefs in neighbouring districts with whom he kulas and to whom he is bound to assist and serve in return for special liberal treatment. Finally he will have a few overseas partners which serve as allies in far-away, dangerous, and foreign districts. The cumulative effect of the rules of partnership provides a network of relationships bound together by direct or intermediate partnership. This network enables not only the exchange of material objects but also the exchange of customs, songs, and general cultural influences. The exchange of vaygua is not done freely but adheres to strict limitations and regulations. Every man must obey definite rules regarding the geographical direction of his transactions. Both mwali and soulava are not received from the same partner. Every article moves in one direction only, never permanently stops, never comes back the same direction, and takes approximately two to ten years to make a round. Since no one keeps any pieces of vaygua for any amount of time ownership is a special economic relation. A man enjoys temporary possession which allows him to draw a great deal of renown. Tribal discussions and gossip, in which feats and glory in Kula are replayed, add to the importance of this temporary ownership. It is important to see that the Kula is not a form of battering but rather gifts, where the recipient is expected to adhere to definite social customs and replace it with a vaygua of equivalent value. When an equally valued mwali and soulava meet in the Kula and are exchanged it is said that these two are married. Black magic is often used if these customs are not followed and partners are offended. When speaking about some celebrated vaygua, a native will praise its value in the words: Many men died because of it which does not mean that they died in battle or fight, but were killed by black magic. Thus the Kula is based on the Trobriand societys belief in the importance of fairness and decency.
Thursday, March 19, 2020
good essays
good essays In The Grapes of Wrath the author, John Steinbeck, presents religion in several ways including the fanaticism of the Sin Watchers, Jim Casys parallel character to Jesus Christ, and through the use of symbolism throughout the novel. Through these methods, Steinbeck weaves a web in which religion is presented as a double-edged blade; one can go to the path of being truly a devout, kind person, or one can choose the path of zealously, condemning all who would oppose or go against their views. The Sin Watchers represent the epitome of religious zeal. They force their ideals upon others, and they point out the sinful ways of their fellow camp-mates. These people Steinbeck presents as evil aberrations who disrupt the otherwise peaceful life at the government camp. The most viewed Sin Watcher was the woman who berated Rose Of Sharon for her sinful ways. This horrid woman told Rose Of Sharon that because of the hug-dancing and other fun activities, the baby would be stillborn. Sadly, the baby was born dead, but not necessarily due to Rose Of Sharons activities. This woman instilled in Rose Of Sharon the idea that it was her fault that the baby did not survive. Jim Casys actions bore a close resemblance to the actions of Jesus Christ. In the time the book was published, this was viewed as an act of blasphemy. As discussed in class, many of the acts, trials, and tribulations of Jim Casy (along with the ominous JC initials) parallel those of Jesus. Jim Casy represents the epitome of personal reverence, despite his renunciation of preaching. Throughout The Grapes of Wrath, religious symbols crop up, further explaining the significance of the section. One use of symbolism is that when on the road to California, Tom encounters a snake. Already established in the novel is the fact that to the Goads, California represents a place of great wealth, freedom, and prosperity. It is a Garden of Eden, so ...
Monday, March 2, 2020
Why Students Cheat and How to Stop It
Why Students Cheat and How to Stop It Cheating in our schools has reached epidemic proportions. Why do students cheat? What can we as parents do to prevent it? Here are some answers to these questions and much more in this article which features an in-depth interview with one of the nations top authorities on the subject, Gary Niels. Why do students cheat? Here are three reasons: 1. Everybody does it. Its disturbing to discover that young people in middle school and high school think that it is acceptable to cheat. But its our fault, isnt it? We adults encourage young people to cheat. Take multiple choice tests, for example: they literally invite you to cheat. Cheating, after all, is nothing more than a game of wits as far as teenagers are concerned. Kids delight in outwitting adults, if they can. While cheating is discouraged in private schools by tough Codes of Behavior which are enforced, cheating still exists. Private schools which devise tests requiring written answers rather than multiple guess answers discourage cheating. Its more work for teachers to grade, but written answers do eliminate an opportunity for cheating. 2. There are unrealistic demands for academic achievement from state and federal education authorities. The public education sector is accountable to government, largely as a result of No Child Left Behind. State legislatures, state boards of education, local boards of education, unions, and countless other organizations demand action to correct the real and imagined failings of our nations public education system. As a result, students must take standardized tests so that we can compare one school system to another nationally and at the state level. In the classroom these tests mean that a teacher must achieve the expected results or better, or she will be viewed as ineffective, or worse, incompetent. So instead of teaching your child how to think, she teaches your child how to pass the test. No Child Left Behind is driving most of the assessment teaching these days. Educators really have no option but to produce the best possible results. To do that they must teach solely to the test or else. The best antidotes for cheating are teachers who fill children with a love of learning, who impart some idea of lifes possibilities and who understand that assessment is merely a means to an end, not the end itself. A meaningful curriculum will shift the focus from learning boring lists of irrelevant facts to exploring subjects in depth. 3. Cheating is expedient. It can be the easy way out. Years ago cheaters lifted whole passages from an encyclopedia and called them their own. That was plagiarism. Plagiarisms newest incarnation is dead easy: you simply point and click your way to the site with the relevant information, swipe and paste it, reformat it somewhat and its yours. Need to write a paper in a hurry? You can quickly find a site which provide a paper for a fee. Or go to a chat room and swap papers and projects with students nationwide. Perhaps youd prefer to cheat using texting or email. Both work just fine for that purpose. Sadly, many parents and teachers have not learned the subtleties of electronic cheating What can we do about it?à Schools need to have zero tolerance policies concerning cheating.Teachers must be vigilant and alert to all the newer forms of cheating, particularly electronic cheating. SmartPhones and tabletsà are powerful tools for cheating with uses limited only by a students imagination. How do you fight that kind of brain power? Discuss the issue with both technology-savvy students and adults. Their exploits and perspective will help you fight electronic cheating. Teachers:à Ultimately the best solution is to make learning exciting and absorbing. Teach the whole child. Make the learning process student-centric. Allow students to buy into the process. Empower them to guide and direct their learning. Encourage creativity and critical thinking as opposed to rote learning. Parents:à We parents have a huge role to play in combating cheating. Thats because our children mimic almost everything we do. We must set the right sort of example for them to copy. We must also take a genuine interest in our childrens work. Ask to see everything and anything. Discuss everything and anything. An involved parent is a powerful weapon against cheating. Students:à Students must learn to be true to themselves and their own core values. Dont let peer pressure and other influences steal your dream. If you are caught, cheating has serious consequences. Editors Note:à Gary Nielsà is Head ofà Winchester Thurston Schoolà in Pittsburgh and the author of a very useful paper on cheating entitled Academic Practices, School Culture and Cheating Behavior. I am grateful to him for answering my questions. à Everybody does it. Unrealistic demands for academic achievement by state education boards. Expediency or the easy way out are some of the reasons students cheat. Are there other reasons of which you are aware? The first thing to recognize about cheating is that the vast majority of young people (and adults for that matter) believe that cheating is wrong. Yet, by nearly every poll, most young people cheat at least once in their high school career. So, the most important question is why do young people behave in ways that are inconsistent with their stated beliefs? I believe the answer to this lies in a survival instinct. I am not a psychologist, but I believe there is a mechanism within each of us which triggers a need to save face. Saving face can mean a desire to save oneself from the angry assault of a parent or teacher; it can mean avoiding embarrassment; it can mean economic survival or a perceived pressure be it self-inflicted or inflicted by some other extraneous force. Nowadays, college acceptance is the major instigator of this survival instinct. Of course, the survival instinct isnt the only reason young people cheat. They might cheat because they find a lesson or a course to be meaningless -having no perceived relevance to their lives. They might also cheat because they belief something is unfair, so feel justified in cheating. Lets examine each one of these reasons in more detail. First of all, Everybody does it. To me thats like saying everybody cheats on their taxes or lies about their age. Does this signify a lack of moral conviction on the part of society as we head into the new millennium? Are parents setting the wrong example for their children? Historically, sociologists and psychologists have studied cheating behavior under the classification of aberrant or deviant behavior. Psychologists and sociologists have applied theories of deviant behavior in order to understand cheating. However, cheating is no longer deviant behavior; it is now normal behavior. This change poses a significant challenge for those who seek to establish academic integrity in a school environment since the student code is stronger to break and is more prevalent. As for the role of parents, Id like to come back to that a little later. The demand for accountability has created a clamor for state testing of students. The pressures are enormous on both students and teachers. How widespread do you think cheating is in this area? Does state testingà ipso factoà encourage cheating to achieve acceptable results? Although I cannot excuse it, I understand why an educator might find state testing to offer an unbearable pressure to cheat by in some way giving your students an unfair advantage. If you tell a school administrator that his schools existence or employment might hinge on his students performance on a test, I believe you are tempting fate. Most human beings have a breaking point and when anything threatens a persons livelihood, income and/or social status, you put them in a survival mode. In other words, as you threaten that individuals existence, you tempt them to reach their moral breaking point. Cheating offers an easy way out. Why bother studying hard and doing all those term papers by yourself if you can use somebody elses work? Would you agree that expediency is a major reason for cheating? Expediency might be one reason for cheating, but Im not sure its the main reason. In fact, strangely, young people will sometimes go to greater lengths to cheat than to study for a test. Occasionally, this is due to boredom. Studies indicate that there is a high correlation between certain pedagogical practices and cheating behavior: lack of clarity in a lesson, perceived lack of relevance, and too few tests offered in a grading period are just a few examples. Ive even wondered at times if cheating isnt some form of student protest against certain types of curricular or pedagogical factors. One mathematics teacher had an interesting insight into a student who had gone to elaborate lengths to program his calculator to outsmart his teacher. I cant help but believe that a student who is so capable in using technology, couldnt ace an Algebra test. Also, I find when I prepare a test with calculator use, I emphasize the problem solving aspect, not the calculation. Those real world applications which we are encouraged by (the NCTM) Standards to employ in our classes actually defeat the need to cheat in classes, or dont provide the opportunity to cheat. Without wishing to appear to be blaming teachers, it is necessary to point out that the way we present our curricula and the type of assessments that we offer can influence cheating behavior. We need to demonstrate to students why it is important for them to know the material we are presenting and the purpose it will serve in the bigger context of their studies and lives. Forms of Cheating One of the reasons you and I are doing this interview is to make our colleagues, both teachers and parents, more aware of the highly sophisticated forms which cheating has adopted since the advent of technology in the classroom. Can you outline some of the kinds of cheating we adults ought to be vigilant for? The University of Texas complied a very comprehensive list of cheating strategies, which Ive included in theà Appendixà of my paperà Academic Practices, School Culture Cheating. Youve raised a good point with regards to sophisticated forms of cheating. One of the problems we encounter in deterring cheating is that some kids can simply outsmart us. While writing my paper I was in touch with many educators around the country. At one point I received an e-mail tip that there was a discussion going on among some students on one of the major graphing calculators listserv whereby students were sharing how they had outsmarted teachers. The following was one of the entries that day: Concerning teachers clearing memory before test, just write a memory clearing simulation program. I had a bunch of formulas I needed for an Algebra test stored in a program. I wrote a program that would simulate almost every function after [2ND] [MEM]. I even had a blinking cursor. The only problem I had was with Page Up and Page Down and having two menus at the bottom of the screen. When the teacher started around the room clearing memories, I went ahead and executed my program, doing a fake total memory clear. When she came around, she saw the memory cleared, defaults set screen, and went on to the next person. What a dumb ass! So, yes, dealing with the more sophisticated forms of cheating is a reality. How can teachers keep ahead of their students when it comes to recognizing electronic cheating? This might seem simplistic, but, first, students need to understand why cheating is wrong. Dr. Lickona defined a few in his book Educating For Character: It will ultimately lower your self-respect, because you can never be proud of anything you got by cheating.Cheating is a lie, because it deceives other people into thinking you know more than you do.Cheating violates the teachers trust. It undermines the whole trust relationship between the teacher and his or her class.Cheating is unfair to all people who arent cheating.If you cheat in school now, youll find it easier to cheat in other situations later in life - perhaps even in your closest personal relationships. Secondly, when essay topics are generic in nature, there seems to be more opportunity to cheat. However, when the essay topic is specific to class discussions and/or unique to the courses stated goals, it becomes more difficult for students to go to web sources to lift material or download papers. Additionally, when the teacher expects that the papers development will follow a step-by-step process that requires them to document their topic, thesis, outline, sources, rough draft and final draft there are fewer opportunities to cheat. Conversely, when a paper suddenly appears with no documented process, then teachers should be wary. Lastly, if there are regular in-class writing assignments, a teacher can come to know the students writing style. Lastly, teachers might want to familiarize themselves with the major web sites which offer papers to students for a fee. Plagiarism seems so much harder to spot when students only have to cut and paste materials. How can you recognize electronicà plagiarism? I suspect the teachers reading this might offer many worthwhile tips. To me, however, the best way is to simply know the students writing style. At times we have even asked the students previous teacher to help us to determine whether the paper or a section of a paper was consistent with the students work from the previous year. The difficulty comes when youre convinced that something isnt quite right and the student denies any wrongdoing. Different schools will handle this situation in different ways. Prevention at School Does a Code of Ethics or an Honor Code help keep most unethical academic behavior in check? Only if students and faculty have bought into the system! This is the biggest challenge with honor codes. It will be very difficult, if not impossible, to establish an honor code, or any effort to deter cheating for that matter, if students are not permitted to play a role in developing the solution. Social Psychologists, Drs. Evans and Craig speak of the weight of the communities attitudes in determining the potential success of an Honor Code. Intuitively, beliefs about the efficacy of strategies to reduce or prevent cheating may predispose success or failure. For example, if students believe that an honor system to promote academic honesty wont work, chances for success of the system introduced by their teachers may be jeopardized from the outset. Dr. Gary Pavela, the director of judicial programs at the University of Maryland and the past president of the National Center for Academic Integrity, fully supports the notion of student participation in formulating an Honor Code: Such balancing and sharing of authority is premised upon the assumption that control of academic dishonesty will not be accomplished by threat of punishment alone. Ultimately, the most effective deterrent will be a commitment to academic integrity within the student peer group. Only by giving students genuine responsibility in a collaborative effort with faculty and staff can such a commitment be fostered and maintained. Trusting students to participate in the establishment, promotion and enforcement of community values is a difficult challenge. Traditionally, schools have been hierarchical with students being at the bottom. But educators are realizing that when trusted and when given an opportunity to participate in the vision of the school, students have a great deal to contribute. Moreover, this participation has had other positive consequences. Namely, the adolescent desire to belong has results in expressions of loyalty to the school, rather than the sub-group. The more of this type of loyalty which we can inspire, the less cheating behavior we will see. Prevention at Home I have always felt that parents should review their childrens work regularly to see what is being accomplished. Does this help prevent cheating? I am sure that this is important, but as the student gets older and more independent, it is less likely that parents will be checking work. The most important thing parents can do is to model integrity. Just last night I was attending a movie with my family. My son ran into a classmate whose father was in the adjacent line. When we simultaneously reached the front to purchase our tickets, we all clearly heard the boys father say One adult, two children to the ticket agent. Since the childrens age for a reduced rate was clearly demonstrated on the board and our sons were the same age it was obvious that the father lied about his sons age in order to reduce his fee by a couple of dollars. Although such a white lie seems harmless, it models to children that corners can be cut, little lies dont matter and honest is good when its expedient. How Teachers Can Help Prevent Cheating Model integrity, no matter what the cost.Dont assume young people know why cheating is wrong, both from a personal and corporate perspective.Enable students to understand the meaning and relevance of an academic lesson.Foster an academic curriculum which perpetuates the real-world application of knowledge.Dont force cheating underground - let students know that you understand the pressures and, at least initially, be reasonable in responding to violations. Tips for Foiling Electronic Cheating Catching students who cheat has always been part of your job as a teacher. The wrinkle these days is that electronic cheating is wide-spread in addition to all the other forms of cheating you and I are accustomed to. Here are five ways to catch your students when they cheat. 1. Use a PDS (Plagiarism Detection Service) likeà Turnitin.comà to catch plagiarism. The service is used by thousands of schools and universities worldwide. Basically Turnitin.com compares your students papers with those in their enormous databases. Similarities are highlighted so that you can review the findings easily. 2. Forbid the use of smart devices in exam rooms. Students are extremely savvy when it comes to devising ways to use common electronic equipment to cheat. Be alert to these techniques. Sending text messages via cell phone is more common than you realize. Watch for earphones which can be extremely tiny and are used to play back notes. 3. Lock down your grade program and database. Hardly a day goes by without some chilling story about hackers breaking into a schools academic database and changing grades. Keep your computer secure by using secure passwords. Set your screen saver to activate in password protected mode after 2 minutes of inactivity. 4. Look for crib notes anywhere and everywhere. Students can write notes on the most ordinary things like gum wrappers and bottle labels and bring them safely into the exam room UNLESS you are watching carefully or ban them completely. So, be a grinch and pick up wrappers and miscellaneous bits of paper wherever you see them. You can fit many pages of information on a small piece of paper using very small fonts. And its edible too. 5. Be vigilant. Trust but verify. A cautious Trust but verify! approach to dealing with cheating will pay off. Use the same approach in your classroom. Be aware of the possibilities for cheating which are all around you. Resources Cheating: Todayââ¬â¢s High School Norm?High-Tech Cheating on the Rise at SchoolsOne Third of Teens Use Cellphones to Cheat in School Article edited byà Stacy Jagodowski
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