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Tuesday, February 25, 2020

Dead Man Walking

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After reading a good book the reader's view of life's and life's complications and obligations should be clearer, at least for a time. How was your reading clarified your understand of people, institution, life and its confusion?


I believe that after reading " Dead Man Walking" I have a much clearer view of life, its complications and its obligations. It also gave me a better understanding of people and institutions. I have realized that some people are willing to help others during hard times. It showed that people actually believe in the statement " Its better to give than receive".


This book offered useful information into the system of death penalties and the people behind it. Throughout the novel, Sister Prejean recounts her experience as a spiritual adviser to three men and shows the reader the process of it. As a new reader the book offers great insight and influence to the mind. It arouses to me new information of life behind bars and the procedures that placed them there.


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Appointed spiritual advisor, Sister Helen Prejean was offered the chance to become a pen pal to one of the death row in mates. Unlike the others, Prejean had no hesitation to the offer, " I say, sure. The invitation seems to fit with my work in St. Thomas…"(Prejean ). This was very unusual, the services of a nun are known to extend not only to the reachable people, but also to those who are not just an arms reach away. A nun's job is obvious, with or without the habit and though Sister Helen did not wear hers, did not make her less of a servant.


Patrick (Pat) Sonnier, the first death row inmate to get electrocuted under Sister Helen's advisory, is stepping up to question the inside of the death sentencing procedures. The family of the deceased is expected to be bitter and resentful. "Pat had presented himself in a different way to his friend. In each one of his letters he expresses gratitude and appreciation for my care… he makes no demands… he only says how glad he is to have someone to talk with."


Due to the nature of the crime that he is convicted for, Sonniers demeanor towards the events that night should be one of temperance and cool nature. Pat is on death row, as well as his brother, for murdering a teenage couple. Though never offering apologies to the victim's families, Pat showed remorse before his execution, " No words can bring those two kids back. I've been it in my mind a million times. If I could turn back the clock…"(Prejean 4).


Through the days leading to Pat's execution, she tried all she could for appeals and in the midst of her efforts presented facts about the reason why Pat is being sentenced to death. " The crucial race factor is that his victims were white. If Pat and Eddie had killed two black kids, chances are they would never have been sentenced to death"(Prejean48). The truth of the sentence policy adds harshness to the views and ideas of fairness among races. Other cases that harm black people. " Prosecutors, judges, and juries, most of them are white, are far more outraged when white people are murdered than when black people are"(Prejean 48).


This all showed me that the families of whites murdered at hands of dangerous people find no wrongs in countries unjust judicial service. The Bourques' and the LeBlancs' merely long for an apology and justice through death.


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Sunday, February 23, 2020

The Internet - It's No Joke

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The Internet "It Is No Joke"


Introduction


Information systems and technologies have become a vital component of successful businesses and organizations. Companies have spent billions of dollars to stay at the forefront of technology enhancements in order to enhance growth and expansion of their businesses and new ventures. To support these technology changes a company may require the assistance of Specialists in Information Technology Management, Human Resources, purchase of new equipment, installation, training, system maintenance, and the list goes on.


The majority of businesses would be unable to survive successfully in the marketplace without utilizing a variety of interconnected computer networks in order to service their information processing and communication needs. With all these changes, companies have a growing concern regarding security of systems information, abuses both internal and external, lawsuits and losses. But what is the exposure? Are there existing law suits? What should we do to protect our companies and ourselves?


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The Investigation


It is important to understand and protect the systems implemented into our company.


Companies must take precautions to protect sensitive and confidential data from accidental or intentional leaks. They need to know how to limit legal liability and/or damage to the companies' reputation from inappropriate or offensive e-mails and web surfing. Well-written policies and procedures can boost employee productivity and reduce network congestion.


In order to determine what needs to be done, we should understand the exposure companies face relating to Technology Information Systems. For example, EMC Corporation lost valuable sales contact information when an employee accidentally sent it to the competition via e-mail (The Boston Globe); an Oracle insider caused their stock prices to tumble after spreading false rumors on a message board (CNNfn); and Dow Chemical fired 50 employees and disciplined 00 others for sending e-mails containing pornography and violent images (Associated Press). Employees who surf the web are costing organizations more than $1 billion per year in lost work time (CNNfn). The U.S. Department of Justice, Computer Crime and Intellectual Property Section (CCIPS) recognized concerns regarding the Internet and the growing body of law governing it, and have recently published a document advising police and prosecutors on "Searching and Seizing Computer and Obtaining Electronics Evidence in Criminal Investigations." The document includes framework applicable to the search and seizure of computer data and network traffic. In addition, it covers the Fourth Amendment's limitations on search and seizure, the Electronics Communications Privacy Act, the Wiretap Act, the Cable Subscriber Privacy Act, and the Privacy Protection Act. Additional documented lawsuits and cases related to Technology Communications are


· Cracking Concerns Over Cyber Crime Treaty (Galil, 001). The Council of Europe wants a treaty to harmonize laws against hacking, computer viruses, and other Internet crime, as well as to ensure common methods of securing electronic evidence.


· Employers and E-mail Where to Draw the Line (Galil, 001). With the increase in workplace technologies, both employers and employees are wrestling with the balance of e-mail privacy expectations and the need for secure, productive work habits. The new Regulation of Investigatory Powers Act went into effect in Great Britain. This new regulation permits employers to monitor staff phone calls, e-mails and Internet activity without consent, and demonstrates that e-mail issues have become a global technology problem.


· Smyth v. Pillsbury Company (Galil, 001). Smyth v Pillsbury is a case pertaining to e-mail privacy. A United States District Court in Pennsylvania ruled that the Pillsbury Company did not have to notify Mr. Smyth that his e-mails would be examined. The court reasoned that since it was Pillsbury's equipment, the company was entitled to examine its contents.


· New York Times (Gaili, 001). E-mail privacy issues have occurred at many well-known companies and employees are being fired over those little forwards that many of us send out each morning. On November 0, 1, the New York Times Co. fired employees who were accursed of contributing to a hostile work environment because they repeatedly traded unsavory batches of unsolicited personal e-mail messages that contained dirty jokes and nude pictures. The New York Times also reprimanded several more employees who had simply received the offensive e-mail and then deleted it. Those workers were punished for failing to alert management to the offending e-mail messages, a direct violation of company policy.


The Solution


Knowing there are so many varied issues and lawsuits specifically related to the misuse of company electronic communication systems including e-mail, Internet, phones, faxes, etc. intensifies the need for companies to have well-written, thorough policies and procedures. Prior to creating a plan, remember to use the right resources for input. Your Information Specialist certainly has direct knowledge of the areas of your systems that should be addressed. Your Human Resources team can help with their knowledge of policy writing. You may include others throughout your organization that might have knowledge of other systems, software's, and issues relating to your systems. Include the right people other considerations for implementing policies and procedures include


· The protection of sensitive and confidential data.


· A company's reputation can be at risk for inappropriate or offensive e-mails (internally and externally) and employee web surfing.


· To shield the employers from possible sexual harassment suits. As in most communications media, some of the pictures, video, sound and text on the Internet are sexually oriented. If such material is brought into the workplace, it carries with it the potential risk to the employer under federal or state prohibitions against sex discrimination.


There are many organizations, including Attorneys, who specialize in preparing policies and procedures for all sizes of companies. After reviewing several written company policies and recommendations from The Internet Manager-professionals for Internet Policy Management, we found the following elements of a written policy and procedure to be consistent


A written agreement (policy & procedure) should be created to include, but not limited to


· A description of permissible uses


· Specifically set out prohibited uses


· Rules of behavior


· Access privileges


· Privacy


· Archiving and Retention


· Penalties for violation of the policy, including security violators and vandalism of the system.


· Everyone who uses the system should be required to sign the policy, and know that it will be kept on file.


Conclusion


Business use of the Internet has experienced extraordinary growth in the past decade. It is now common-place for employees to have access to the Internet, and as the United States moves ever closer to an information work/service type of economy, even more workers will need this access to do their job effectively.


Employers are encouraged to tell employees that they may be monitored so there is no misunderstanding. Crafting a good, thorough policy in regard to e-mail, Internet use and all company owned properties is very important. At technology companies, where the lines between work and home are blurred, this is especially important. Microsoft, for example, has a policy promoting the reasonable and responsible personal use of corporate e-mail, but it owns any communications between employees.


Although people tend to be very casual about e-mail communications, e-mail messages may more closely resemble memos, rather than phone conversations, and so must be treated with a higher level of care than the average telephone call. Also, striking the delete key does not actually mean the message is deleted. It is still in the computer. Many employees misunderstand the dynamics of the systems they use. A greater understanding of both the technology uses and the policies and procedures, the employee is signing is imperative.


Upon full investigation of all the issues related to Technology Management, employers should take a serious look at the risk and exposure of not having well-written policies and procedures for all their Technology Systems. A company may choose to have one policy that encompasses all aspects of their systems, or may choose to have several policies specific to each area. Use your internal experts Information Specialists, Human Resources, and/or consultants to identify your specific needs. These policies and procedures may protect you from embarrassment, loss of business and goodwill, and lawsuits.


References


Miller, G.(001, January 8). Fired by Big Brother. Los


Angeles Times Magazine, 11-1, 5-6.


Galil, Y. (001, February 5). New Federal Guideline for


Searching and Seizing Computers from servers to PDAs. The Internet Law Journal. Retrieved March 5, 001 from the World Wide Web


http//www.tilj.com/content/litigationheadline005010.htm


Galil, Y. (001, February 5). Cracking Concerns Over Cyber


Crime Treaty. The Internet Law Journal. Retrieved March 5, 001 from the World Wide Web http//www.tilj.com/content/litigationheadline005010.htm.


Galil, Y. (001, February 5). The Napster Transformation.


The Internet Law Journal. Retrieved March 5, 001 from the World Wide Web


http//www.tilj.com/content/litigationheadline005010.htm.


Galil, Y. (001, February 5). Deep Linking Your Way into a


Lawsuit. The Internet Law Journal. Retrieved March 5, 001 from the World Wide Web http//www.tilj.com/content/litigationheadline005010.htm.


Galil, Y. (000, October 11). New International Treaty on


Cyber Crime. The Internet Law Journal. Retrieved March 5, 001 from the World Wide Web http//www.tilj.com/content/litigationheadline005010.htm.


Galil, Y. (000, February 5).Criminal Acts "Illegal


Access, Interception, Data and System Interference". The Internet Law Journal. Retrieved March 5, 001 from the World Wide Web http//www.tilj.com/content/litigationheadline005010.htm.


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Wednesday, February 19, 2020

The History of Epistolary

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Among the first epistle to be written were the letters of Paul to the New Testament churches. Women established themselves in the genre as men realized that the form was more suitable to the female writers style. However, due to the modest qualities of the women, little was ever published (Goldsmith vii). In the eighteenth-century, epistolary peaked in Europe. Among the popular epistolary novels of this time were Lacloss Les Liaisons Dangereueses(178), Richardsons Pamela(1740) and Clarissa(1747), and Rousseaus La Nouvelle Heloise(1761)(Norwich 148). Later in the same century, Forcey says the epistolary novel could not survive as a dominant form because, in the fast changing polygot world of . . . Anglo-America, it fell victim to the same forces of seduction and betrayal that its heroines were unable to avoid(5). In the 170s, fictional letters reentered the literary arena. Creative writers spawned this interest with Michel Butors Illustrations III(17) and Bod Randalls The Fan(177)(Altman ).


Epistolary Novels


An epistolary novel is one that is written in the form of a series of letters exchanged among the characters of the story with extract? from their journals sometimes included(Norwich 148). This genre exhibits the quality in which there are two separate audiences to the letter a character of the novel and the reader. The reader is required to become his own narrator since the plot is not being directly told by the author. The author can be compare to an editor since he has control of the epistolary composition. However, he must trust that the reader will understand the meaning and the purpose behind each correspondence(Forcey ).


Epistles from the New Testament


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When speaking of epistles, people frequently think of Paul, the apostle of Christ and writer of many of the books in the New Testament. His God-inspired letters were written to and concerning the churches and pastors(called the Pastoral Letters) of that time period. However, the meanings of the letters written in the first-century A.D are still alive in todays Christian church. The foundation, the primary establisher of meaning in the epistles, is the life Jesus recorded in the four gospels. Paul also used the ideas of logos and ethos in the letters. Since the Holy Bible is God-inspired there is absolutely nothing that is illogical within its covers. An example of syllogism can be seen in Romans 5-4.


And we rejoice in the hope of the Glory of God. Not only so, but we also rejoice in our sufferings, because we know that suffering produces perseverance; perseverance, character; and character, hope.


The authors credibilty, ethos, must be established for a successful epistle. In his Corinthians, Paul must establish his ethos since the church does not believe his claims as one of the Twelve Apostles. He writes of his pain and suffering for cause of the Cross


[I have] been exposed to death time and time again. Five times I received from the Jews the forty lashes minus one. Three times I was beaten with rods, once I was stoned, three times I was shipwrecked, I spent a night and a day in the open sea.( Cor 11-5)


Paul continues writing of his suffering of spreading the gospel for the remainder of the epistle. Certainly a man who has suffered this persecution and has no doubts has seen the power of God.


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Tuesday, February 18, 2020

JFK's Life and Contribution to today's society

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John F. Kennedy was changing the shape of the political systems in the United States when his life was taken from him. It was a very depressing November day when the life of this young president was ended. It was a very memorable day in the hearts of the American's. Kennedy made huge contributions to society as a young man, a congressman, a senator and finally a president. The impact that his life made is still being remembered to this day.


John F. Kennedy started out with a "normal" life. His mother and father had high aspirations for their child, but what parent wouldn't. John F. Kennedy (JFK) was born on May , 117. His father, Joseph P. Kennedy, was a combative businessman who became a multimillionaire, head of the Securities and Exchange Commission, and ambassador to Great Britain. Kennedy was one of nine children. He grew up in the shadow of his older brother Joseph. Joseph was everything that John wanted to be. Joseph was the smart and athletic one, when John wasn't blessed with the same talents. John graduated from Choate School in Wallingford, Conn., and he briefly attended Princeton University. His stay at Princeton was short lived due to an illness. He then entered Harvard University in 16. At Harvard he wrote an honors thesis on British foreign policies in the 10s; it was published in 140, the year he graduated, under the title Why England Slept. (http//sc4.ameslab.gov/TOUR/jfk.html, pg 1) World War II really impacted Kennedy's life, when he first volunteered to fight in the Army he was declined because he had a weak back, but through dedication and perseverance, he was able to fight in the fall of 141. He worked really hard during the summer of 141 to strength his back so that he would be able to go and fight for his country. In March 14, as lieutenant he took command of a PT (torpedo) boat in the Solomon Islands. His boat was rammed and sunk by a Japanese destroyer. This was a very remarkable time for Kennedy because he rallied up all the survivors and brought them to shore. For several days repeatedly he went out in the water and risked his life looking for a rescue ship. This act of courage and heroism earned him the Purple Heart, the Navy and Marine Corps Medal. Due to aggravating his back injury again, he was discharged from the Army in the early 145. (Encyclopedia Americana, pg ) World War II not only proved Kennedy's dedication and courage, but it was also a very tragic time; JFK's older brother Joseph was killed trying to fight for his country.


The end of his career in the Army marked the beginning of his career in politics. His first really big opportunity came when James M. Curley vacated his seat in the House of Representatives to become mayor of Boston. "Kennedy beat out nine other candidates for the seat, and he nearly doubled the votes of his nearest opponent." (Encyclopedia Americana, pg. ) In 15, Kennedy announced his candidacy for the Senate. His slogan was "Kennedy can do more for Massachusetts." (Encyclopedia Americana, pg. 4) Kennedy wanted to make good on his slogan; by the end of two years he could list a wide array of legislation he had obtained for Massachusetts businessmen. Kennedy wanted to start off his political career by making good on his promises. Kennedy was a relatively ineffectual senator. During parts of 154 and 155 he was seriously ill with back ailments and was therefore unable to play an important role in government. Critics observed that he made no effort to oppose the anti-civil libertarian excesses of Sen. Joseph R. McCarthy of Wisconsin. His friends later argued, not entirely persuasively, that he would have voted to censure McCarthy if he had not been hospitalized at the time. During his illness Kennedy worked on a book of biographical studies of American political heroes. Published in 156 under the title Profiles in Courage, it won a Pulitzer Prize for biography in 157. (World Book Encyclopedia, pg. 5) Like his earlier book on English foreign policy, it revealed his admiration for forceful political figures. This faith in activism was to become a hallmark of his presidency. In 156, Kennedy bid unsuccessfully for the Democratic vice-presidential nomination. There after, he set his sights on the presidency, especially after his re-election to the Senate in 158. He continued during these years to support a firmly anti-Communist foreign policy. A cautious liberal on domestic issues, he backed a compromise civil rights bill in 157 and devoted special efforts to labour legislation.


By 160, Kennedy was but one of many Democratic aspirants for the partys presidential nomination. He put together, however, a well financed, highly organized campaign and won on the first ballot. As a northerner and a Roman Catholic, he recognized his lack of strength in the South and he chose Sen. Lyndon Baines Johnson of Texas as his running mate. Kennedy also performed well in a series of unprecedented television debates with his Republican opponent, Vice-President Richard M. Nixon. Kennedy promised tougher defence policies and progressive health, housing, and civil rights programs. His New Frontier, he pledged, would bring the nation out of its economic slump. He believed that he could come in and completely change the shape of America. He had a very youthful attitude and a zest for life. Kennedy won the election. Kennedy had a very difficult time implementing his campaign promises because he lacked reliable majorities in Congress. Most of his domestic policies stalled on Capitol Hill. In 16-6, he moved to promote civil rights legislation. (Encyclopedia Americana, pg. 4-5)


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In Kennedy's inaugural address, he let the country know, that things will be different when he said, "Let the word go forth from this time and place, to friend and foe alike, that the torch has been passed on to a new generation of Americans . . . In the long history of the world, only a few generations have been granted the role of defending freedom in its hour of maximum danger. I do not shrink from this responsibility I welcome it." (http//www.time.com/time/special/moy/161.html, pg.) Soon thereafter, the president acted on his anti-Communism by lending American military assistance to the Bay of Pigs Invasion of Cuba in April 161. The assault had been planned by the Central Intelligence Agency under the Eisenhower administration. The actual invasion was Kennedys decision and he properly took the blame for its total failure. The Peace Corps program was developed with similar goals in mind. Kennedys chief adversary abroad was the Soviet leader Nikita Khrushchev. As early as June 161 the two men talked in Vienna, but the meeting served only to harden Soviet-American hostility. Khrushchev then threatened to sign a treaty with East Germany that would have given the East Germans control over western access routes to Berlin. Kennedy held firm, and no such treaty was signed. The Soviets responded by erecting a wall between East and West Berlin. Kennedy used the crisis to request increased appropriations for defence, which he received. (World Book Encyclopedia, pg. 10-11)


The greatest confrontation of the Kennedy administration was the Cuban missile crisis. In October 16, U.S. intelligence discovered that the Russians were constructing offensive missile sites in Cuba. Kennedy recognized that such missiles would add little to Russian military potential, but he regarded the Soviet move as deliberately provocative. Resolving to show his mettle, he ordered naval and air quarantine on shipments of offensive weapons to Cuba. At first armed conflict seemed likely. But the Soviets pulled back and promised not to set up the missiles; the United States then said it would not attack Cuba.


In 16, the Americans and the Soviets signed a treaty barring atmospheric testing of nuclear weapons. Kennedy nevertheless remained as ready as before to stop Communist advances. He continued to bolster American defences and stepped up military aid to South Vietnam, where revolutionary forces were increasingly active. By November 16, the United States had sent some 16,000 military personnel to Vietnam. His administration also intervened in South Vietnamese politics by at least conniving at the overthrow of Ngo Dinh Diem in November 16. On November , 16 as President Kennedy was trying to promote peace between the Democratic Party in Texas, he was shot and killed. Lee Harvey Oswald was convicted of the crime.


Kennedy's legacy has been left for future generations. People may not remember what he did for the country, or the changes that took place under his administration but they will remember what they were doing the day of November , 16. They will remember what they were doing the exact moment when the television broadcasted the information that their president was just assassinated. It would be equivalent to the shock of the country on September 11. The tragedy of JFK wasn't anything compared to the horror that happened on September 11, but the shock and fear of the country was very similar. The president, who was considered to be the safest person alive, due to the bodyguards, wasn't actually as safe as everyone believed him to be. Even the "all-powerful" president could be brought down. All it took was some crazy man with a guy to destroy another person's life. No one may ever know or understand the motive behind the crime, but it doesn't really matter because it is not going to bring back JFK and the gunman couldn't destroy his legacy. The gunman may have taken JFK's life but he can't take away the impact that he has had on the country. One would even seeing President Bush using the same lines as Kennedy. After September 11, one of the things that he said to the American people was "Ask not what your country can do for you- but rather what you can do for your country." Kennedy's legacy will last with us for years to come. His courage, strength, and words of wisdom, will be in the hearts of the American's. His name went down in the history books as a hero. To some people he is still very much a hero today!


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Monday, February 17, 2020

In loving memory of Martin Luther King Jr.

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In Loving Memory of Martin Luther


King Jr.


''I had a Dream''


This man "Martin Luther King Jr. is known for the man that had a dream. This world famous speech "I had a Dream" was delivered in the steps at the Lincoln Memorial in Washington D.C.on August 8, 16.


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This is one of many historical moments identified with Martin Luther King Jr. during the history of civil rights . He was a prime mover of the Montgomery bus boycott, a key speaker at the March on Washington, and the youngest Nobel Peace Prize winner.


Martin Luther King was known as a nonviolent protester and a dominant force in the civil rights movement during the decade of 157 to 168.


King was born in Atlanta on January 15, 1. He was one of three children of Martin Luther King Sr. His father was a pastor of Ebenezer Baptist Church. His mother was Alberta (William's)King. She was a school teacher. He was born Michael Luther King but was renamed "Martin" when he was six years old.


After King graduated from high school he enrolled in


Morehouse College in Atlanta in 144. King received his bachelor's degree in 148. He then attended Crosier Theological Seminary in Chester, PA. There he won the Placer Award as the outstanding student of the graduating class and the J. Lewis Crozier fellowship. He completed his education with a doctorate in 15.


King was married when he returned to the South to become pastor of the Dexter Avenue Baptist Church in Montgomery, Ala. Here he made his first mark in the civil rights movement by mobilizing the black community during the 8 day boycott of the city's bus lines. True to his belief, he overcame violent harassment including the bombing of his home. The end result was the U.S. Supreme Court declaring bus segregation unconstitutional.


King became a national hero and a civil-rights leader. King gathered black leaders in 157 and formed the organization now known as Southern Christian Leadership Conference. He was elected President and soon began helping other communities organize protest against discrimination.


King wrote his first book and returned from India to the United States in 160 and became the co-pastor, with his father, of Ebenezer Baptist Church.


Three years later, King's nonviolent tactic were tested in Birmingham, during a protest for fair hiring and desegregation of department store bathrooms. King was arrested, but his voice was not silence. Later that year, King was a key speaker at the historic March on Washington. That speech got him the 164 Nobel Peace Prize. King was involved with many other domestic


issues. He was planning a nonviolent boycotts involving camp-ins to protect the poor.


Unfortunately Martin was shot in the neck, by a rifle bullet on April 4, 168. While standing outside with Jesse Jackson and Ralph Abernathy. His death caused a wave of violence in major cities across the country.


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San juan puerto rico

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San Juan, Puerto Rico


San Juan is the capital city of Puerto Rico. It is called "La Ciudad Amurallada." San Juan was founded in151. In 1508 Juan Ponce De Leon the original settlement Caparra know as Pueblo Viejo, behind the almost land locked harbor just to the west of the present day metropolitan area. A year later the settlement was abandoned and moved to the cite of what is now called Old San Juan. San Juan is one of the biggest and best natural harbors in the Caribbean and is the second oldest city in the Americas.


The population of is 47,745. The area1 Km. To the North is the Atlantic Ocean. To the South are the Aguas Buenas and Caguas. To the east are the cities Carolina and Trujillo Alto. To the west is the city Bayaamon.


San Juan is a major port and tourist resort of the West Indies and the oldest city under the U.S. flag. The metropolitan are has three districts Old San Juan, the Beach and Resort area, and other outlying communities. The most important are Rio Piedras, Hato Rey, Puerta de Tierra, and Santruce. Rio Piedras was founded in 1714 but became incorporated in tp San Juan in 151.


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During the early 16th century San Juan was the point of departure of Spanish expeditions to charter or settle unknown parts of the New World. In the 0th century the city expanded beyond its walled confines, known as Old San Juan, to incorporate the suburbs of Miramar, Santruce, Condado, Hato Rey, and Rio Piedras.


San Juan is the largest processing center of the island. The metropolitan area has facilities for petroleum, sugar refining, brewing, distilling, produces cement, pharmaceuticals, metal products and tobacco. It is one of the busiest ports in the Caribbean. San Juan is also the country's financial capital. U.S. banks and corporations maintain offices or distribution centers there. San Juan is the center of Caribbean shipping and is the nd largest sea port in the area ( after New York).


Old San Juan is an interesting attraction in San Juan. It is a 465 year old neighborhood originally conceived as a military stronghold. The 7-square-block area has involved into a charming residential area and commercial district. The streets in Old San Juan are paved with cobbles of adoquine. The were brought over a ballast on Spanish ships. Over time moisture has gave then a very distinct color. It also includes more than 400 carefully restored 16th and 17th century Spanish colonial buildings. The fine beaches and tropical climate is also very attractive. Old San Juan also has several plazas. Plaza de San Juan is famous plaza that has a statue of Juan Ponce de Leon in the center of the plaza. It was made out the bronze from British cannons captured in Sir Ralph Abercromby's attack in 177. It is made up of many historical buildings.


A famous fort in San Juan is th "El Morro." It was a very powerful and successful fortress. Construction on the fortress began in 1540 and finished in 158. San Felipe del Morro was named after King Phillip II. Most of the walls were added later during the 1760s - 1770s. It rises 140 feet above the sea. Its 18 feet thick walls made it a formidable defense. It only fell once in 158 to a land assault by the Earl of Cumberland's forces. El Morro is studded with small circular sentry boxes called "garifas," which have become a national symbol.


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Wednesday, February 12, 2020

Legal Environment In Businesses

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What is the legal environment in which business operates today? My immediate thought when I first read this question was, without regard to the "environment", they operate very carefully. Businesses today are taking great precautions to protect themselves from other businesses, customers, consumers, and State & Federal regulatory agencies. We find ourselves working and living in a litigious society gone a wry. This may seem a bit cynical, but my experience in the MBA program thus far, the information I have learned in this class and my own experience has led me to this conclusion. We as MBA students and prospective business owners must prepare ourselves for this legally challenging environment.


Business-to-business transactions require extensive legal expertise. Businesses incorporated today, and companies that incorporated years ago, are finding themselves hiring lawyers for the simplest of business transactions. In my work experience, we have had many agreements that needed the assistance of attorneys. The first experience, is our most recent, a joint venture with two other well established companies. LaBarge Products, Inc., Goodyear Tire and Rubber Company, and Henry A. Petter Supply joined to distribute conveyor-belting products in the St. Louis region. The details of the venture are that Henry A. Petter wanted to move into the St. Louis region with out having a brick and mortar presence, LaBarge agreed to be that for them. Goodyear is involved because it is their product and they have to be careful in regards to distributor territories. Each company felt concern about the venture not having a contract stating each company's involvement, responsibilities, and possible restitution if required. As a result, a legal contract was drawn and due to the involvement of attorneys, this venture took well over six months before being finalized. On the other hand, thirty years ago, this type of agreement would have ended in a handshake and no one thought twice about breach of contract or the possibilities of suing the other partners.


Another business-to-business transactions requiring the help of the legal system is distributor-manufacturer agreements. Again, LaBarge Products, Inc. is a distributor for a multitude of manufacturers. We are required only to have a contract with one, Eaton Aeroquip. This contract outlines the details of our distributorship, listing restrictions to other manufacturer's products we are allowed to carry, whether or not we are a "Premier Distributor" or an "Associate Distributor, and our responsibilities in growing the business here in St. Louis. If Eaton finds us at fault in any of the details to the distributor agreement, they can pull the line at any time. If Eaton feels that we breach a contract-pricing schedule with a customer, they can file suit against us for compensation.


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Business-to-business customer transactions are finding themselves in the world of litigation as well. For example, supply-chain agreements and integrated-supply agreements are now requiring written contracts developing regulations and provisions for breach. A supply-chain agreement is when a company, like Monsanto, will do away with the bulk of their purchasing department and storeroom locations, and hire a company like Texas Mill Supply to handle their inventory. Monsanto contracts this out in order to reduce the number of employees needed and decrease their overhead. Texas Mill engages in an agreement like this because not only are they compensated for the materials, but also a negotiated percentage above that for handling the ordering, stocking, and management of the inventory. Companies need legal protection because now when you are providing a supply or a service in this situation you have employees working in another company's facilities and taking over duties that the customers once did themselves. This protection is health insurance, liability insurance, and workman's compensation to cover these employees. Monsanto would not be responsible for a Texas Mill employee while this employee was at Monsanto doing a stock order.


The next area of business heavily hit by litigation is the business-to-consumer division. Companies now carry large dollar liability insurance to protect themselves from consumer claim. Our company used to carry only a $1 million dollar product liability umbrella, but with the increase in litigation forced us to increase it to $10 million dollars. All paper work and products have warranty disclaimers, to protect retailers, manufacturers, and consumers. Invoices and receipts of purchase have disclaimers claiming we are not liable for anything. This is a result of consumers favoring frivolous and nuisance litigation. Consumers jump at the chance to sue a manufacturer as proven in examples in class. The prime example offered in class, was the consumer who sued a ladder manufacturer after he fell off the ladder because it was place in a pile of cow dung. Now as we discussed did the consumer need protection or to the companies need it from consumers like this one.


Businesses also need to protect themselves even from their own employees. This is another radically cynical statement but it is true that businesses today face litigation from their own workers. Businesses are now including arbitration clauses in contracts to prevent lawsuits. The types of litigation employers are protecting themselves from are sexual harassment, discrimination, and competitive information leaking from their business. Businesses are either holding seminars or sending employees to seminars to learn about sexual harassment to protect themselves from future lawsuits. This is a large cost incurred by the employer not to mention the cost of liability insurance to handle situations. Many employers are having prospective employees sign "Non-Competition Clauses" or "Non-Disclosure Agreements", these agreements protect the company if the employee should not stay with the firm. Each company's clause/agreement details different restrictions put upon the employee upon leaving the company. LaBarge Products' clauses/agreements prohibit a former salesperson from contacting current customers within a certain mile radius of the city. They are prohibited from taking customer lists with them; they are even prohibited from joining a competitors firm until three years upon leaving LaBarge. LaBarge has put these details in the clauses/agreements for protection.


The fifth partnership that businesses need to protect themselves from is the Federal & State regulatory agencies and acts. These Federal agencies and acts include the Occupational Safety and Health Act (OSHA), the Environmental Protection Agency (EPA), the Securities and Exchange Commission (SEC), the Internal Revenue Service (IRS), the Equal Employment Opportunity Commission (EEOC), the Food and Drug Administration (FDA), and the Federal Trade Commission (FTC), just to name a few. The two important agencies/acts in my opinion are OSHA and the EPA. These two agencies ultimately affect the way a business operates and influences how a company goes to market and effects the cost of goods sold. The cost and liability involved with these two agencies is unbelievable. For example, a few years ago, our company purchased castings made in St. Louis, we then machined the parts, sent them to be anodized, and then we would assemble, package, and ship them. The casting manufacturer here in town paid so much for disposal of the by-products, casting run-off, slag and molder sand, which was over 60% of his cost of making the parts. We can now purchase the same castings from China completely machined, anodized, and assembled cheaper than the original casting alone. This is because the Chinese casting manufacturers' regulatory cost is cheaper than those in the United States are. Their utilities are free, and they have no EPA to monitor the disposal of the run-off the companies just dump the run-off onto the ground. There are no lawyers to sue these companies in China for pollution or environmental neglect. On the other hand, lawyers specialize in EPA cases, suing companies for violating the rules and regulations. There for, companies carry a high insurance policy to solve issues like these. The State agencies are typically mirror bureaucracies of the Federal agencies. These agencies are another level taking another piece of your pie.


I believe that this environment is a product of the influx of new attorneys graduating each year. Every year there are more lawyers then engineers graduating. The increase of attorneys as made the legal system go a wry. There are law offices on just about every corner in some cities that are more than willing to take on a lawsuit against anyone.


When this country was starting out, many of the legislators were citizen legislators. A citizen legislator was a legislator that owned land, was a farmer, business owner, and a legislator part of the time. Now, the majority of legislators are lawyers. This is a conservative opinion, and by no means is do pass negative judgment on lawyers.


The opportunity to sue businesses and other people presents itself to be an easy task. All it takes is a plaintiff to file suit against a defendant, and whether the plaintiff wins or loses, there is no cost to them. On the other hand, the defended is out cost of lawyers, possible loss time at their job, and the embarrassment of the lawsuit.


The change in the legal environment I would like to see is a reform in the litigation system. The legal system is strongly political in the United States. Trial lawyer lobbyists will oppose reform. Trial lawyers thrive on lawsuits and litigation any type of torte reform would be frowned upon.


The torte reform I propose is to mirror the British court system. In Britain, any plaintiff that files a lawsuit is responsible for the costs of the defendant if the suit is found in favor of the defendant. This kind of reform in our legislation will curb the appetite of prospective plaintiffs raising suit against another.


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