Negligence Complaint Against The Commissioner Of Baseball

Paper 2: Negligence Facts Plaintiff Gayle Payne (â€Å"Ms. Payne†) brought a class action complaint against Rob Manfred, the Commissioner of MLB (â€Å"Commissioner†), the office of the commissioner (â€Å"MLB†), and all 30 Major League Baseball member teams, alleging the defendants’ failure and inaction in providing reasonable safety measures to protect game-goers from risk of serious injury while attending games. On behalf of herself and all others similarly situated, Ms. Payne sought â€Å"class-wide injunctive or equitable relief in the form of changes to current MLB rules and practices with respect to protective netting in MLB ballparks† (Gail Payne v. Office of the Commissioner of Baseball (MLB), 2015). She filed this negligence suit in hopes of remediating the possibility of frequent injuries at baseball stadiums. A devout fan of the Oakland A’s for nearly 50 years, she purchased tickets for the first time in 2015. She chose to purchase tickets in section 211, in the second deck of the Oakland Coliseum, which were in an exposed section along the first baseline, reasoning that it was less expensive than sections covered by protective netting. However, she claimed she was fearful for her, her husband’s and her daughter’s safety because of the possibility of getting hit by foul balls or shattered bats during the game (Gail Payne v. Office of the Commissioner of Baseball (MLB), 2015). The complaint Ms. Payne filed on July 13, 2015 in the U.S. District Court for the NorthernShow MoreRelatedTest 1 Question Bank8509 Words   |  35 Pages$1,000 if you tamper with a slot machine in the â€Å"Bye-Bye Bucks Casino† in Las Vegas so that Gary can make it pay out a jackpot whenever he wants it to. You perform your part of the contract, but Gary doesn’t pay. In your breach of contract suit against Gary, the court will: d. Ignore the contract and dismiss the case. 27. When both parties are mistaken as to the subject matter of a contract, which of the following is true? a. Either party can rescind the contract. 28. When a personRead MoreMarketing Mistakes and Successes175322 Words   |  702 Pagesreality, and lead to lively class discussions, and even debates. In the gentle environment of the classroom, students can hone their analytical skills and also their persuasive skills—not selling products but selling their ideas—and defend them against critical scrutiny. This is great practice for the arena of business to come. NEW TO THIS EDITION In contrast to the early editions, which examined only notable mistakes, and based on your favorable comments about recent editions, I have againRead MoreHuman Resources Management150900 Words   |  604 Pageseach department and every employee have HR managers participate in developing strategies and ensure that human resource dimensions are considered. almost 18%. Over 40 work teams meet regularly to discuss work goals, track their performance against established measures, and discuss problems and issues. Employee turnover is also extremely low in most areas. Transitions in HR management are also paying off in the Bank of Montreal, based in Montreal, Quebec. Emphasizing human resources has involvedRead MoreFundamentals of Hrm263904 Words   |  1056 PagesEmployer Organization (PEO) 47 Shared Services 47 HRM in an Entrepreneurial Enterprise 48 HRM in a Global Environment 48 HR and Corporate Ethics Summary 50 Demonstrating Comprehension: Questions for Review 51 Key Terms 51 52 HRM Workshop 49 Guarding Against Discrimination Practices 65 DID YOU KNOW?: Is a Problem Brewing? 66 Determining Potential Discriminatory Practices 66 The 4/5ths Rule 66 Restricted Policy 66 Geographical Comparisons 67 McDonnell-Douglas Test 67 Responding to an EEO Charge 67 Read MoreDeveloping Management Skills404131 Words   |  1617 Pagesto talk with you about some issues with the Technical Services Phone Line. I’ve recently received some complaint letters from Phone Line customers whose complaints have included long delays while waiting for a technician to answer the phone, technicians who are not knowledgeable enough to solve problems, and, on occasion, rude service. Needless to say, I’m quite concerned about these complaints. I believe that the overall quality of the Phone Line staff is very good, but we continue to be understaffedRead MoreAccounting Information System Chapter 1137115 Words   |  549 Pagescompared against the appropriate purchase order, then paid and filed. Context Invoice Vendor Cash Disbursements Payment Level 0 Invoice 1.0 Receive Invoice Open Invoices Vendor 2.0 Approve Invoice Payment Payment approval 3.0 Prepare Payment 3-41 Open Purchase Orders Ch. 3: Systems Development and Documentation Techniques 3.14 (continued) f. A bill of lading for ordered inventory is received from a vendor, recorded, checked against the appropriate

Significance of Language in Shakespeares The Taming of...

It is known that in Shakespeare’s works, the language is very significant. That being said, in The Taming of the Shrew, Shakespeare uses the word sirrah at few different times throughout the play. In early modern English, the word sirrah was defined as â€Å"a term of address used to men or boys, expressing contempt, reprimand, or assumption of authority on the part of the speaker; sometimes employed less seriously in addressing children† (OED). Today, however, the word sirrah is now archaic in Modern English language use. In the play, The Taming of the Shrew, the way the word sirrah is used shows that it is a performative expression; sirrah is more than just a statement, it actually performs an action and convey identity. A clear example of†¦show more content†¦Horthensio is trying to show or construct an identity that he is the better man, because both men are having the discussion in front of Bianca who both men are in love with. That being said, this is another example illustrating that the speech act, especially sirrah, in The taming of the Shrew has a performative function. The characters using this word are attempting to make themselves seen as superior toward the other person who they are speaking with ( write the actual effect the speaker actually has on the interlocutor by uttering the word) Therefore, in this play, the use of specific language, especially with the term sirrah, as long that character has a disguise, and use the appropriate language, then this character in particular can have authority toward lower status quo. (conclusion) In sum, in the Taming of the Shrew, each word that Shakespeare uses are choosen for a reason. That being said, the way sirrah is used throughout the play is †¦ In addition, if compared with gender performativity in which homosexuality and heterosexuality are not fixed categories, then the word sirrah makes in sort that different social classes are also not fixed categories. It the way it is contructed and perform to take into an identity. The word sirrah is an illusion, , the word sirrah makes thigs happen, making-believe that it is happening, the performance of language, aShow MoreRelatedTheme Of Taming Of The Shrew1116 Words   |  5 PagesThe Taming of the Shrew: Moment Analysis Particular moments in William Shakespeare’s The Taming of the Shrew have a special significance in regard to the overall meaning of the play. One such moment is when Petruchio and Katherine talk about â€Å"how bright and goodly shines the moon,† (Shakespeare 13). At this moment, the insistent Petruchio pressures Katherine to refer to the sun as the moon. After a brief tussle of wits, Petruchio acquiesces and agrees to adopt the line of thought forced on to herRead More William Shakespeares The Taming of the Shrew Essay3149 Words   |  13 PagesWilliam Shakespeares The Taming of the Shrew Over the past 400 or so years since Shakespeare wrote _The Taming of the Shrew_, many writers, painters, musicians and directors have adapted and reformed this play of control and subjugation into timeless pieces of art. In _10 Things I Hate About You_ and Kiss Me Kate from two very different times in the twentieth century, and paintings of Katherina and Bianca from the late nineteenth century, the creators of these adaptations have chosen to focusRead MoreShould We Continue to Study Shakespeare in Schools?805 Words   |  3 Pagesof whether it is a good topic for teaching. 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Analysis of Customer Service Problem of Best Buy Free Essays

Introduction Overview of the task The task of this essay is to have a research in person to pay a visit on Best Buy to discover its potential marketing problem, anticipate the consequences and provides potential solution to this problem, which from my perspective, is bad customer service. Purpose and structure of the essay The purpose of this essay is to explore the potential marketing problem of Best Buy to provide solutions to its problem. In order to make the essay more complete, this essay will first start with the brief introduction of the Best Buy, and then a personal experience of visiting the Best Buy shop will be displayed to have an analysis of the potential problem- bad customer service. We will write a custom essay sample on Analysis of Customer Service Problem of Best Buy or any similar topic only for you Order Now What to follow is the anticipation and analysis of the potential influence and consequence of the problem. Subsequently, solutions and recommendation will be put out to tackle the problem. Brief Introduction of the Best Buy Best Buy is a giant retailer of entertainment and technology products and services with operations in the multiple countries- United States, China, Europe, Canada and Mexico. The Best Buy generates more than 45 billion dollars annual revenue through brands family and partnerships such as Magnolia Audio Video; Audiovisions; Best Buy; Future Shop; Geek Squad The Car phone Warehouse; Napster; Jiangsu Five Star; Pacific Sales; The Phone House; and Speakeasy. The company is made up by about 155,000 employees who have applied their capabilities to bring benefit to the company and added value to customers through various means, for example, online communities, call centers, in-home solutions, retail locations, and websites, and product delivery. Problem of the company On March 29, 2012, the earning news released by the Best Buy which is lower than expected has revealed the trouble of this giant electronics retailer. It is said that Best buy is going to fire four hundred employees and ended up to fifty stores. Best buy, the last standing electronics blames its difficulties on fierce online competition, for example with Amazon. com. It says that Amazon keeps stealing its business with lower price due to its sales tax free (The Crossing of Marketing and IT, 2012). One joke even goes that Best Buy and Wall-mart have became the showroom for the Amazon. What show rooming means? It means that customers walk in to a Best Buy / Wall-mart/ Sears with the only purpose to check out the real product and compare the prices with the online prices so as to buy a product in other places with cheaper price. This is the dilemma and big problem for most of the brick and mortar retailers like Best Buy. The show rooming and price competition with online-stores should take most part of the duty for the declining profit problem of Best Buy. But it is from my perspective that the failure of Best Buy is a self-inflicted woes rather than an external hurt due to its bad customer service. The much-publicized Christmas fault of Best Buy has exposed the customer service problem. Three days before Christmas last year, Best Buy informed 30,000 awaiting customers of cancelled order due to â€Å"a combination of software and process issues† (24kmarketing, 2012). There is no need to say that such kind of fault will kill any types of retailers. To make things worse, it took approximately three weeks for CEO of Best Buy – Brian Dunn to make an apology for this event, which has added the oil on the flame of fury of customers. The consequence is evident with shares of Best Buy falling by 34% to about $30, Since Thanksgiving. On June 14, Best Buy also announced earnings of 35 cents a share which is a penny lower than last year (Alpha, 2012). What’s more, my last experience of visiting the Best Buy shop has given more proof of it customer service problem. Last week, I went to one of the stores of Best Buy, when I was looking for the things I wanted, the salesperson keeps roaming around me and kept fixed eyes on me which made me quite unpleasant. After a while, he asked me about my needs, however, the guy just knew nothing about the things I want and started to sell other electronics products to me. However, what I want is just some blu-ray dics. Bothering by the upsetting and annoying salesperson, I just grabbed one of the blu-ray discs. But after going home, I found that I have already got this disc and returned to ask for changing the disc. The troublesome procedure and bad attitude of staff really made me furious. Apart from the up-selling and cross-selling, what I cannot put up with is the erosion of my privacy, questions like how much is your salary is really impolite. The hawking clumsy salesperson is the tip of the problem iceberg and just scratch the surface of the problem, what should be laid emphasis is the customer service and after-sales service quality. Potential consequence of the problem The company has reported a 1. 7% decline in it total sales and profit margins last year. Consumers come down to the store will have high interaction with the salespersons and in-store staff (Forbes, 2012). The attitude and service quality is the cornerstone of the success. Non-savvy consumers need the help to learn more product and handling before purchase. If Best Buy cannot differentiate itself and make full use of the advantages of its retail stores, Best Buy is destined to follow the way of dinosaur. Below chart illustrates that the consequence will be like in a few years if Best Buy is unable to change customers ‘perception and values towards it. Best Buy cannot forget the lesson of Circuit City which closed its big boxes in 2009 (Alpha, 2012). CNBC Financial Data: Solution to the problem Solutions that can be provided to the Best Buy are as follows. First and foremost, improve customer service quality through systematic plan and training. It is suggested experts in this field should be hired to make a throughout improvement plan for this company, ranging from standard speech and the after-sales service standard (Harvard Business Review, 2010). Secondly, make full use of the interaction in the stores with customers to change the perception of customers. In this part, the attitude the promotion is the key to success. Thirdly, with fierce competition, Best Buy should improve its inventory system and internet technologies in this field. The Christmas mistakes cannot happen again. Fourthly, close some big store and change its focus to the online competition. Reference Alpha, S. (2012). Best Buy: the Writing Is on the Wall. Retrieved from http://seekingalpha. com/article/343721-best-buy-the-writing-is-on-the-wall Forbes, S. (2012). Why Best Buy is going out of Business†¦ Gradually. Retrieved from http://www. orbes. com/fdc/welcome_mjx. shtml Harvard Business Review. (2010). Inside Best Buy’s Customer-Centric Strategy. Retrieved from http://blogs. hbr. org/hbsfaculty/2010/04/inside-best-buys-customer-cent. html The Crossing of Marketing and IT. (2012). What is Best Buy’s Real Problem. Retrieved from http://www. crossingmarketingandit. com/marketing-2/general-marketing/best-buys-problem/ 24kmarketing. (2012). Best Buy Pr oblems Signal Need for New Retail Formats. Retrieved from http://24kmarketing. com/2012/03/best-buy-problems-signal-need-for-new. html How to cite Analysis of Customer Service Problem of Best Buy, Essay examples

Holocaust (2284 words) Essay Example For Students

Holocaust (2284 words) Essay HolocaustThe Lebensborn ProjectThe topic of eugenics cannot be discussed without encountering the Holocaust, but this is as it should be. When contemporary geneticists, genetics counselors and clinical geneticists wonder why it is that genetics receives special attention from those concerned with ethics, the answer is simple and can be found in history. The events which led to the sterilization, torture and murder of millions of Jews, Gypsies, Slavs and children of mixed racial heritage in the years just before and during the era of the Third Reich in Germany were rooted firmly in the science of genetics (Muller-Hill, 1988). Rooted not in fringe, lunatic science but in the mainstream of reputable genetics in what was indisputably the most advanced scientific and technological society of its day. The pursuit of genetic purity in the name of public health led directly to Dachau, Treblinka, Ravensbruck and Auschwitz. As early as 1931 influential geneticists such as Fritz Lenz were refer ring to National Socialism as applied biology in their textbooks (Caplan, 1992). As difficult as it is for many contemporary scientists to accept (Caplan, 1992; Kater, 1992), mainstream science provided a good deal of enthusiastic scientific support for the virulent racism that fueled the killing machine of the Third Reich. When the Nazis came to power they were obsessed with securing the racial purity of the German people. The medical and biomedical communities in Germany not only endorsed this concern with negative eugenics, they had fostered it. Racial hygiene swept through German biology, public health, medicine and anthropology in the 1920s and 1930s, long before the Nazis came to power (Weiss, 1987, Muller-Hill, 1988; Proctor, 1988; Kater, 1992). Many in the medical profession urged the Nazi leadership to undertake social policies that might lead to enhancing or increasing the genetic fitness of the German people (Kater, 1992). Eugenics consumed the German medical, biological and social scientific communities in the decade before World War II. Many physicians and scientists were frantic about threats they saw to the genetic health of the nation posed by the presence of inferior populations such as Jews, Gypsies, and Slavs, with a lesser extent a distant threat which was, African peoples (Adams, 1990). The steps they took to protect against the public health disaster of a polluted racial stock were so awful, so immoral, and so heinous that they have rightly, shaped all subsequent discussion of the ethics of both human genetics and eugenics. Steps to eliminate unfit or undesirable genes by prohibitions on sexual relations, restrictions on marriage, sterilization or killing, are all forms of negative population eugenics (Kevles, 1995). Nazi judges and scientists ordered children killed or sterilized who had parents of different racial backgrounds or were thought to have genetic predispositions toward mental illness, alcoholism, retardation or other disabili ties. This was done to remove the threat such children posed to the genetic stock of the nation and to avoid having to pay the costs associated with institutionalization and hospitalization (Caplan, 1992). Laws were enacted prohibiting marriages between those whom Nazi race hygiene theory held were likely to produce degenerate offspring. Conversely, on a smaller scale, the Nazis tried to encourage those who satisfied Nazi racial ideals to have more children. The most extreme form of encouraging eugenic mating was the Lebensborn program which gave money, medals, housing and other rewards to persuade ideal mothers and fathers to have large numbers of children in order to create a super-race of Aryan children (Proctor, 1988). The provision of rewards, incentives and benefits to encourage the increased representation of certain genes in the gene pool of future generations constitutes positive population eugenics (Kevles, 1995). Nazi race hygiene theories were false. There is no evidence to support the biological views of the inherent inferiority of races or the biological superiority of specific ethnic groups, which underlay the eugenics efforts of the Third Reich. There is not even any firm basis for differentiating groups into races on the basis of genetics (Harding, 1993). The negative eugenics programs race hygiene spawned were not only patently unethical, since they were completely involuntary and coercive they were also based upon assumptions about genes and race that are not true. The Nazi drive to design future generations based on what can now be understood as invalid science skewed by racism led to concentration camps, forced sterilization, infanticide and genocide. Ethical debates about eugenics must acknowledge the horrors perpetrated in the name of eugenics in this century. But, despite the evil that has been done in the name of eugenics the debate cannot end there. The moral permissibility of eugenic goals must be addressed, in its own terms. For whi le arguments based upon history are instructive and important, those who see no analogies between our times and earlier times are unlikely to find warnings about the past sufficiently forceful to shape future behavior or public policy (Caplan, 1992; 1994). And while the fear of the imposition of eugenic programs by a totalitarian regime must be taken seriously it is not the only path eugenics might follow. Improvement of the genetic makeup of a population can be sought through negative or positive eugenics. What is less widely noted is that either strategy can be pursued at the level of individuals and their direct, lineal offspring or for large groups or populations. Efforts aimed at improving or enhancing the properties of large-scale populations such as by providing incentives for large numbers of individuals with particular traits or abilities to marry and have many children or encouraging public health testing for neural tube defects constitute versions of population eugenics. The goals of such activities are to shift the makeup of the gene pool of future generations in particular directions. Positive and negative eugenics can also be carried out by individual couples who are not interested in nor motivated by the overall effect of their actions may have on the societal gene pool. Population eugenics need not be coercive but, historically, it almost always has been. A great deal of social pressure was applied in the German Lebensborn programs of the 1940s. More recent efforts to shift the genetic norms of populations exemplified by the attempt to encourage those with the right racial makeup to reproduce as is evident in the ethnically selective pronatalist policies espoused by governments in many parts of the world are less obviously coercive but still involve a great deal of cultural and societal pressure. The stated policies of some religious bodies such as certain Orthodox Jewish sects or some elements of the Greek Orthodox church that they will not bl ess marriages where no genetic testing for diseases has been done constitute examples of possible coercion for population eugenic goals by non-governmental powers. The day when we need to decide whether it is wrong to choose the genetic makeup of our children is not very far off. Some argue that we lack the wisdom to choose well (Lewontin, 1992). But, that hardly stops parents today from seeking to better the lot of their children through environmentally mediated efforts at enhancement. In a society that places so much emphasis on maximizing opportunities and achieving the most efficient use of resources it is hard to believe that pressures will not quickly arise on prospective parents to use genetic information and techniques for manipulating genes to better the lot of their children or of future generations of children. For some, the historical abuses committed in this century in the name of eugenics are sufficient grounds for prohibiting or banning any efforts at any form of euge nics; positive or negative; individual or group. However, negative population eugenics is not individual positive eugenics. If most people agree that parents have a right if not a duty to try and maximize the well-being and happiness of their offspring, then it is not likely that the record of historical abuses carried out in the name of negative population eugenics will hinder efforts to incorporate genetic information into procreative decisions about our children and their immediate descendants. As it stands today, most parents, particularly those in the middle and upper classes, would probably be more troubled by failing to use genetic information to try and improve the lot of their offspring then they would by doing so. PATRIOTISM EssayThe lesson might be that the creation of a super race as planned by Himmler and Hitler was a terribly demented idea, indicative of the extent of their obsession with Aryan superiority and Nazi supremacy. The terrible results of Nazi Germany continue to reverberate even today, the evidence can be found in the shattered lives of the Lebensborn children. Despite modern assumptions that, American interest in eugenics waned during the 1920s, researchers said sterilization laws had authorized the neutering of more than 40,000 people classified as insane ore feebleminded in thirty states by 1944. Another 22,000 underwent sterilization between the mid 1940s and 1963, despite weakening public support and revelations of Nazi atrocities. Forced sterilization was once legal in eighteen U.S. states, and most states with eugenics allowed people to be sterilized without their consent by leaving the decision to a third party. Theater