The Anarchist Journal, Mother Earth :: Mother Earth Essays

"This version of Mother Earth was an anarchist periodical aimed at bringing up progressive issues, and discuss these. It was in circulation among people in the radical community in the United States from 1933 - 1934." -- Wikipedia Repeatedly in history, conceptions of nature have served as ideological justifications for political theory. The most obvious example is the Hobbesian state of nature against which even the most oppressive government appears perfectly legitimate. Whereas in most cases of political theory, nature looks like an incompetent savage or unreliable tramp, some anarchist lines of argument instead offer versions of nature as infinite, loving, or otherwise better than the artifices to which it is implicitly opposed. Whether for or against nature, depictions of the natural world in political theory consider it in cultural units of m eaning, a combination of icons and stereotypes that change not only our understanding of nature, but also of the units of meaning being referenced. In the early twentieth century journal Mother Earth, a construction of nature comes together, in a publication interested mostly in anarchist and feminist goals, that worshipped nature as a huge, consuming, feminine super being. Certain traits in the construction of nature in this journal form an account of nature as a particular type of femininity to be admired, a move laden both with direct strategic value and creeping implications for the idealizations of womanhood. In order to establish the desirability of the journal’s goal of a world without artificial systems of control, the opposition of nature and artifice is a crucial first step.

Deaths of Mickey and Edward in Willy Russells Blood Brothers :: Russell Blood Brothers Death Essays

Deaths of Mickey and Edward in Willy Russell's Blood Brothers "And do we blame superstition for what came to pass? Or could it be what we, the English, have came to know as class?" Blood Brothers is a play set in Liverpool, Willy Russell wrote it in 1983. Willy Russell has wrote plays based in Liverpool because this is where he was brought up as a kid in a working class family, Blood Brothers relates to this and aspects of class that he would have experienced when he lived there. Willy Russell grew up just outside Liverpool, he left school when he was only 15 to become a hairdresser, it was in his early twenties when he decided to go back to school and take his O levels. His plays were about everyday circumstances and his portrayal of life then. In this essay I intend to find out the reason for Mickey and Edward's deaths, whether it was superstition or class, I will evaluate both of the possible causes and how they are used within the play, then I will have to make a conclusion to which side of the argument proves to be the correct one. The main sources of superstition revolve around Mrs Johnstone because she is the character who believes that when certain things happen consequences will unfold due to this. Willy Russell points these superstitious events out to the audience, by using one of the characters to mention this or a song will be used to show something superstitious happening. At these stages in the play he is already asking the audience whether they believe in superstition. The first incidence of superstition comes at the beginning after the opening song; this is when the audience finds out that Mrs Johnstone is superstitious and that superstition may appear later in the play. Mrs Lyons enters Mrs Johnstone's house and then there is a stage direction saying that Mrs Lyons puts her new shoes on the table, Mrs Johnstone replies to this angrily "Jesus Christ, Mrs Lyons, what are y' trying to do?" At the bottom of the page where this happens the narrator says "There's shoes upon the table an' a joker in the pack, the salts been spilled and the looking glass cracked, there's one lone magpie overhead." The narrator is giving us examples of superstitions. Here he is trying to hint that something bad is going follow because of the shoes upon the table. After this it is possibly significant that she claims not to be superstitious three times, three is meant to be a lucky number but in her case it is unlucky because the

Sutra for Long Life Essay -- Sutra, Mahayana, Religion

After closer study of the Sutra for Long Life and the World Universe as a Sutra it seems evident that, although Mahayana Buddhism is based on the teachings of the traditional Pali Canon, it places a larger emphasizes on philosophical inquires; while still managing to create a more accessible Buddhism for all. In their own way both Sutras highlight the fact that Mahayana Buddhism is more lay people friendly than the traditional Pali Canon, while still maintaining an important role for monks and nuns. Perhaps the most obvious example of this is presented in the â€Å"Whole Universe Sutra†. According to the Sutra, all beings possess the knowledge and enlightenment of Buddhahood within themselves. This pure core is simply buried beneath or wrapped in the deluded minds of the imperfect being (107-World). In other words, every being is capable of reaching Buddhahood as the truth resides within each individual, however, it can only be reached when â€Å"they abandon their deluded, contrary views†. It is only then that the â€Å"unimpeded knowledge† will arise within them (107,108-World). The sutras also make clear the idea of the Bodhisattva, those who have reached awakening and refrain from entering Nirvana in order to help others along the path. For example, the TathÄ gata is described as a person with â€Å"penetrating wisdom, and was endowed with a perfectly pure divine eye† (109). The TathÄ gata has already found the knowledge and truth within him and is also able to see that the same wisdom is present within every being. He finds it strange that every being cannot see the truth within, and therefore, takes it upon himself to â€Å"teach these beings so that they may fully awaken within the Noble path† (109-world). This is known as the â€Å"tenth intuition o... ...tiness, the Mahayana tradition as a whole is more philosophical than the Pali canons. The Mahayana introduces the idea of celestial Bodhisattvas, who are able to do extraordinary things. In the Sutra for Long Life, Buddhas become a teacher of â€Å"gods and humans† while living in a realm in between nirvana and samsara: the Buddha-fields (424-425-long life). Mahayana Buddhism stretches the notion of traditionally accepted reality. It is for this reason that the â€Å"Whole Universe Sutra† presents the knowledge of Buddhahood as the core within a deluded being (109-world). In other instances it is compared to as a womb wrapped inside defilements that must be ripped open. The Pali Canons may be a fundamental part of Mahayana Buddhism, but Mahayana sutras go a step further in asking philosophical questions and re-interpreting teachings and ideas present within the tradition.

My Car Crash Crisis

How could my dad and brother survive without gravy with our Sunday dinner? Unfortunately the store cupboard was sadly lacking in anything resembling< â€Å"Bisto†, none the less myself and my little sister were strapped into the back of Mum's car trying to find one of those little shops which my mum describes as â€Å"life savers† for the working mother where she could purchase some gravy granules and ensure that peace reigned at the Sunday dinner table. I should add at this stage my mother was heavily pregnant with my little brother. I personally had no objection to this little excursion as it gave me the opportunity to get some sweets. Then again I was thinking I would probably get plenty of sweets at my friend Suzanne's party which I was due to go to that afternoon. I was really looking forward to Suzanne's party. All those different coloured balloons just waiting to be burst but little did I know that it was my â€Å"happiness balloon† which was about to be burst. Mum was driving along the road and was pulling into her little Filling Station lifesaver. As we pulled across I saw a brown jeep heading towards us but it didn't seem to be slowing down. I was strapped in the back passenger seat and my little sister Kathy was in her baby seat I could hear my mum shout but I am not sure what she said. She tried to make it to the car park but even Michael Schumacher would have found it impossible. I remember vividly seeing the lady driver of the other vehicle. Her face was white and her mouth was open and her eyes filled with fear. That split second seemed to last forever and was only interrupted by the wailing screech of brakes. Time was once again frozen as my mind filled with questions-what would happen to my mum? -What would happen to my sister? -What would happen to me? All our lives were hanging on this frozen moment in time especially mine as the jeep was heading straight for the rear passenger door. The noise of metal striking erupted as pieces of the car door, the car pillar and a shower of glass made contact with my body. The front passenger seat came crashing backwards jamming my leg. Fortunately I was wearing my seatbelt otherwise I feel sure I would have gone either over my baby sister or straight through the window. I suddenly had a flash back of my brother and I driving along the road at the edge of a ravine where there was no fence at the edge of the road and I was frightened of our car falling down the steep mountainside into the valley below. My brother reassured me and told me that all I had to do was brace myself. I grabbed his cyber pet ad clung desperately to it. I could feel wet fluid rolling down my face and the screams of my little sister with her eyes scrunched up as she screeched uncontrollably. My mum was already out of the car at this stage and undoing our belts. I realised the fluid running down was in fact tears not blood. In the distance I could hear sirens blazing. As my mum continued to fumble with the seatbelts and try and extract my little sister and me from the car I saw a †¦ smiling policewoman looking in at me. She offered me her hand but when I got out I realised I had forgotten my brothers cyber pet so I broke free from the policewoman's grasp and grabbed it. She then took me to the side of the pavement beside my mum and little sister and set us all on the adjoining wall. She reassured me that my mum, sister and I would all be okay. I began to shiver uncontrollably and my head started to spin and it was only then that I became aware of the gash on my leg. I just could not seem to get warm realising this a policeman came over and gave me his jacket whilst my mum phoned my dad and called him to the scene. I remember my mum crying, as she was concerned about my sister, her unborn child and myself. The lady in the other car was very supportive and friendly but I was so glad when dad arrived and took us home. My mum was very keen to take me to hospital to have me checked out but I could not bear to be taken anywhere strange or to be parted from my family. I just wanted the warmth comfort and protection of our own home. When we got home mum and dad cuddled us on the settee and gave us a warm blanket with cups of steaming hot chocolate thankfully our next door neighbour who is a GP came and tended to us. Thank goodness no one received any serious injury and my cuts and bruises soon healed. When I look back on the accident I feel very glad I had my seat belt on because otherwise my injuries would have been much worse and I am also glad my mum was driving a large heavy car which absorbed a lot of the impact but more than anything ever I realised something for the first time just how precious life is and that we should always try to enjoy each day.

Breach of Employment Contract Essay

The case involves a claim that Baril, the appellant, was dismissed by Aiken Regional Medical Centers, the Hospital where she previously worked, and such dismissal constitutes a breach of the employment contract between Baril and the Hospital. The contract the parties were referring to was the â€Å"Associate Handbook† she received from the Hospital, which contained the personnel polices of the Hospital that governed her employment. Baril was terminated for making a call through the Hospital’s toll-free number, as a result of which he was deemed to have committed a violation of the Hospital’s rules and policies, which merited her immediate termination. Baril argues that the Hospital itself breached the employment contract by unjustly terminating her employment. The Court of Appeals of South Carolina began its discussion by stating that the general rule on employment contracts is that contracts of employment are â€Å"at-will† contracts. This means that the contract is terminable at the pleasure of either party, at any time, regardless of the existence or non-existence of a justifiable ground for the termination. However, the existence of an employee handbook is recognized as an exemption to the general rule. Such a handbook may create an employment contract, depending on the terms stated therein. Where the handbook contains ambiguous clauses such as disclaimers, the issue of whether it could constitute an employment contract has to be determined by a jury, and not by summary judgment. The court noted that while the handbook explicitly states that it does not change the nature of the employment contract as an at-will contract, it does provide strict procedures to be followed in disciplinary cases such as the one where Baril is concerned. Thus, the Hospital’s procedures and practices give rise to more than one reasonable inference concerning the creation of an employment contract. Concomitantly, we find the trial court erred in granting summary judgment on the issue of whether Hospital’s policies found in its employee handbook, amendments, and actual practices created an employment contract between Baril and Hospital. The court also determined that the employment contract established by the Hospital’s practices and procedures requires that there be an existing just cause for termination. The criterion for determining justness in the termination of Baril’s employment rests on the existence of a â€Å"reasonable good faith belief that sufficient cause existed for termination. † Weighing the arguments of both Baril and the Hospital, the court concluded that reasonable minds could differ as to the whether there was good or bad faith in the Hospital’s termination of Baril’s employment. Therefore, the case could not have been settled using the rules on summary judgment. Attached: Case: http://www. sccourts. org/opinions/HTMLfiles/COA/3561. htm THE STATE OF SOUTH CAROLINA In The Court of Appeals Marolyn L. Baril, Appellant, v. Aiken Regional Medical Centers, Respondent. Appeal From Aiken County Rodney A. Peeples, Circuit Court Judge Opinion No. 3561 Heard October 8, 2002 – Filed October 28, 2002 REVERSED and REMANDED Herbert W. Louthian, Sr. , and Deborah R. J. Shupe, both of Columbia, for Appellant. Richard J. Morgan and Reginald W. Belcher, both of Columbia, for Respondent. ANDERSON, J. : Marolyn L. Baril appeals the Circuit Court’s order granting summary judgment to Aiken Regional Medical Centers (Hospital) on Baril’s action for breach of employment contract. We reverse and remand. FACTS/PROCEDURAL BACKGROUND Baril joined Hospital’s nursing staff in 1986. She earned a master’s degree in nursing administration from the University of South Carolina in 1990. The following year, Baril was named director of Hospital’s emergency department. Baril resigned from that position for personal reasons in 1992, but continued as a staff nurse in the emergency department. Holly Martinez de Andino eventually succeeded Baril as director of Hospital’s emergency department. John Arnold [1] and Martinez de Andino indirectly supervised Baril. In early 1993, Baril began teaching nursing classes on a part-time basis at the University of South Carolina’s Aiken campus (USC-Aiken). She joined the faculty on a full-time basis later that year. Baril received an â€Å"Associate Handbook† from Hospital in May of 1997. She signed an acknowledgment form provided by Hospital, indicating she would familiarize herself with the handbook and that she understood the handbook â€Å"constitute[d] the personnel policies of [Hospital] and that [she was] governed by them. † The handbook and acknowledgment form contained disclaimer language: Please Read! Important Employment Information The information contained in this booklet is designed to serve only as a reference to Aiken Regional Medical Centers policies and procedures. Aiken Regional Medical Centers reserves the right to amend this guide as necessary at any time, with or without prior notice. Current hospital policies and procedures will apply in all cases. Please remember that this booklet does not constitute a contract between you and Aiken Regional Medical Centers. Employment at Aiken Regional Medical Centers is on a voluntary basis and either you or the Facility may terminate this employment relationship at any time with or without reason or prior notice. No associate of Aiken Regional Medical Centers has the right to make verbal promises or commitments which may create a contract and thereby alter the â€Å"employment at will† relationship. (Emphasis added). Additionally, the handbook’s â€Å"Recruiting and Hiring† section included similar language: In no event shall a hiring of an associate be considered as creating a contractual [re]lationship between the associate and the Facility; and, unless otherwise provided in writing, such relationship shall be defined as â€Å"employment at will,† where either party may dissolve the relationship. (Emphasis added). However, the acknowledgment form states that â€Å"the information in [the] handbook is subject to change/revision† and â€Å"any change will be communicated through the usual channels. † The handbook incorporated a detailed, progressive disciplinary procedure. Two categories of offenses were specifically identified. The categories were bifurcated: (1) actions meriting immediate termination; and (2) actions warranting termination for continuous violations. In July of 1998, Martinez de Andino disciplined Baril for allegedly slamming a door in Arnold’s face and disagreeing with Hospital’s management regarding a management issue. [2] Baril was first suspended and later given a â€Å"final† written warning. Yet, the handbook’s procedure mandated use of a â€Å"final† written warning only after two previous warnings. Baril had not previously been warned or disciplined. Baril asked Hospital to change her work status from full-time to part-time in November 1998. She continued to teach full-time at USC-Aiken. Baril initiated a grievance pursuant to Hospital policy. Hospital’s chief executive officer, Richard H. Satcher, investigated Baril’s complaint and found sufficient cause to purge the disciplinary action from Baril’s employment file. As a condition to purging her employment file, Satcher required Baril and Martinez de Andino to meet with Hospital’s director of human resources, Richard Lowe, and director of nursing, Mary Ann Angle. The purpose of the meeting was to â€Å"clarify understandings and expectations† regarding Baril and Martinez de Andino’s working relationship. In January of 1999, Baril met with Martinez de Andino, Lowe, and Angle to discuss problems between Baril and Martinez de Andino. During the meeting, Baril expressed concern that Martinez de Andino had targeted Baril for termination which Martinez de Andino intended to accomplish using the disciplinary procedure. Lowe responded that Hospital had updated pertinent portions of its employee handbook to prevent the disciplinary procedure from being abused to eliminate employees and to ensure that it would only be used to positively impact its employees. Lowe delivered a copy of the new policy to Baril. Regarding its purpose, the policy stated: To set standard operating procedures in order to ensure that all associates are fully aware of the conduct expected of them. This policy will also ensure fair and consistent treatment to associates if violations of these standards of conduct occur. This policy is based on the concept of increased severity in disciplining associates who repeatedly violate hospital rules while performing work for the hospital or while on hospital premises. Written counselings are given for initial, minor infractions of rules; if the infractions continue harsher discipline is enforced. However, situations which are so serious that they require immediate stern disciplinary action will not follow a progressive concept. [Hospital] reserves the right to administer disciplinary action as it deems appropriate for the circumstances involved. (Emphasis added). The new policy provided: â€Å"Discipline is an instrument for changing unacceptable performance or behavior, and for providing motivation and encouragement for disciplined associates. † The new policy described four general categories of disciplinary offenses, ranging in degree of seriousness from greatest (critical offenses) to least (minor offenses). The category of â€Å"critical offenses† included actions that constituted â€Å"serious violations of rules or associate misconduct which justify immediate termination without regard to the associate’s length of service or prior conduct. † The new policy contained various examples of critical offenses. It specified in section 2. 2. 2 of HR116 that actions of â€Å"[d]ishonesty, fraud, theft (regardless of the amount), [or] unauthorized removal of hospital property† were examples of critical offenses. At the end of the meeting, Baril and Martinez de Andino signed a document identifying â€Å"expectations† concerning Baril’s and Hospital’s obligations to each other. The details of the document consisted of expectations related to performance and communications. On July 6, 1999, Baril suffered injuries when a cabinet fell on her while at work. She immediately sought treatment for injuries involving muscle strain, subperiosteal hematoma, and an impinged nerve. Baril filed an accident report and claim for Workers’ Compensation benefits at the time of the accident. Four days after her accident, on July 10, 1999, Baril traveled to Tacoma, Washington, for a vacation. When Baril arrived, she received a telephone message indicating Hospital called her sister in an effort to contact Baril. In response, Baril called Hospital on its toll-free number and asked to speak to someone in her department. After a brief conversation with a coworker, Baril asked the coworker to transfer her call to her sister’s home in Aiken. Baril informed her sister that she had arrived in Washington safely, and asked why Hospital wanted to talk to her. Baril’s sister offered to call Hospital to ask why it had contacted her to try to reach Baril. However, Baril declined her sister’s offer. According to telephone company records, the call lasted thirty-two seconds. No evidence exists in the record concerning the cost of the call or whether Hospital sustained any economic loss as a result of the call. Baril returned from vacation on July 17, 1999. When she reported to work the following day, Baril was told to meet with Arnold and Martinez de Andino. At the meeting, Baril learned that by using Hospital’s toll-free number for personal use, she violated section 2. 2. 2 of Hospital Policy HR116, which cites â€Å"[d]ishonesty, fraud, theft (regardless of amount), unauthorized removal of hospital property,† as â€Å"critical offenses† justifying immediate termination. Baril offered to pay for the telephone call, but Arnold refused to accept payment and informed her she was being terminated. Baril exited the premises a short time thereafter. Baril filed this cause of action averring (1) Hospital created a contract of employment between Baril and itself through its written employee handbook, its amendments to the handbook, and its conduct regarding the handbook’s policies, particularly the mandatory language of the disciplinary procedure in HR116 and verbal assurances provided by Lowe during the January 1999 meeting; (2) Hospital breached the contract between Baril and itself by wrongfully terminating her; and (3) Hospital violated S. C. Code Ann.  § 41-1-80 (Supp. 2001) by terminating Baril in retaliation for filing a Workers’ Compensation claim. Baril sought $403,508 in actual damages, plus costs and other just and proper relief. Hospital answered, generally denying Baril’s allegations and claiming it â€Å"acted in good faith† when dealing with Baril’s discipline and termination. Hospital specifically asserted that Baril was an at-will employee throughout her employment with Hospital, and denied the existence of an employment contract. Hospital further claimed that, even if any employment contract existed, Hospital never breached it and that Baril’s discharge was not wrongful. Hospital cited Baril’s own conduct as the source of â€Å"any and all of the employment actions that [Hospital] took against [Baril]. † Additionally, Hospital maintained that Baril â€Å"failed to meet [Hospital’s] established work standards, stole [Hospital’s] time and possibly money when making an impermissible telephone call, and violated at least one of [Hospital’s] specific written Company policies for which [Hospital’s] action was a stated remedy of the violation. † Finally, Hospital contended Baril failed to mitigate any damages she might have sustained. Hospital moved for summary judgment, arguing no material issues of fact existed and Hospital was entitled to judgment as a matter of law. The Circuit Court conducted a hearing on the motion and issued an order finding: (1) Hospital’s policies did not constitute an implied employment contract as a matter of law, even when viewed in the light most favorable to Baril; (2) even if Hospital’s policies constituted an implied employment contract, Hospital’s actions did not breach the contract because it acted pursuant to the express terms of the alleged contract and because Baril’s interpretation of the alleged contract was â€Å"strained and unreasonable and would have led to absurd consequences†; (3) Hospital did not breach any alleged contract because on the date Hospital terminated Baril it had a â€Å"reasonable, good faith belief that, pursuant to the language of HR 116, it had sufficient and just cause to terminate [Baril’s] employment†; (4) Baril failed to establish a retaliation claim because she â€Å"based this cause of action merely upon her own self-serving, unsup ported opinions and the temporal proximity between the filing of her workers’ compensation claim and her termination of employment†; and (5) Baril failed to mitigate her damages because she â€Å"did nothing to seek employment or mitigate damages in any way. † The Circuit Court dismissed all of Baril’s claims with prejudice. STANDARD OF REVIEW When reviewing the grant of a summary judgment motion, the appellate court applies the same standard which governs the trial court under Rule 56(c), SCRCP: summary judgment is proper when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. Fleming v. Rose, 350 S. C. 488, 567 S. E. 2d 857 (2002); Ferguson v. Charleston Lincoln Mercury, Inc. , 349 S. C. 558, 564 S. E. 2d 94 (2002). In determining whether any triable issue of fact exists, the evidence and all inferences which can reasonably be drawn therefrom must be viewed in the light most favorable to the nonmoving party. Faile v. South Carolina Dep’t of Juvenile Justice, 350 S. C. 315, 566 S. E. 2d 536 (2002); McNair v. Rainsford, 330 S. C. 332, 499 S. E. 2d 488 (Ct. App. 1998). If triable issues exist, those issues must go to the jury. Young v. South Carolina Dep’t of Corrections, 333 S. C. 714, 511 S. E. 2d 413 (Ct. App. 1999). Summary judgment is not appropriate where further inquiry into the facts of the case is desirable to clarify the application of the law. Vermeer Carolina’s, Inc. v. Wood/Chuck Chipper Corp. , 336 S. C. 53, 518 S. E. 2d 301 (Ct. App. 1999). All ambiguities, conclusions, and inferences arising from the evidence must be construed most strongly against the moving party. Bayle v. South Carolina Dep’t of Transp. , 344 S. C. 115, 542 S. E. 2d 736 (Ct. App. 2001). Even when there is no dispute as to evidentiary facts, but only as to the conclusions or inferences to be drawn from them, summary judgment should be denied. Hall v. Fedor, 349 S. C. 169, 561 S. E. 2d 654 (Ct. App. 2002). Moreover, summary judgment is a drastic remedy which should be cautiously invoked so no person will be improperly deprived of a trial of the disputed factual issues. Lanham v. Blue Cross and Blue Shield, 349 S. C. 356, 563 S. E. 2d 331 (2002); Trivelas v. South Carolina Dep’t of Transp. , 348 S. C. 125, 558 S. E. 2d 271 (Ct. App. 2001). ISSUES I. Did the Circuit Court err in granting summary judgment on the issue of whether Hospital’s written policies and actual practices created an employment contract between the parties? II. Did the Circuit Court err in granting summary judgment on the issue of whether Hospital’s actions in terminating Baril’s employment breached a contract between the parties? III. Did the Circuit Court err in granting summary judgment on the issue of whether Baril acted reasonably in attempting to mitigate her damages? LAW/ANALYSIS I. Existence of Employment Contract Baril maintains the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist concerning whether Hospital’s written policies and actual practices created an employment contract between Baril and Hospital. We agree. South Carolina recognizes the doctrine of employment at-will. Prescott v. Farmers Tel. Coop. , Inc. , 335 S. C. 330, 516 S. E. 2d 923 (1999). This doctrine provides that a contract for permanent employment is terminable at the pleasure of either party when unsupported by any consideration other than the employer’s duty to provide compensation in exchange for the employee’s duty to perform a service or obligation. Id. â€Å"At-will employment is generally terminable by either party at any time, for any reason or no reason at all. † Prescott, 335 S. C. at 334, 516 S. E. 2d at 925. However, an employer and employee may contractually alter the general rule of employment at-will, thereby restricting the freedom of either party to terminate the employment relationship without incurring liability. See Small v. Springs Indus. , Inc. , 292 S. C. 481, 357 S. E. 2d 452 (1987). For example, an employee handbook may create a contract altering an at-will arrangement. Id. Because an employee handbook may create an employment contract, the question of whether a contract exists is for a jury when its existence is questioned and the evidence is either conflicting or admits of more than one inference. Conner v. City of Forest Acres, 348 S. C. 454, 560 S. E. 2d 606 (2002) (stating summary judgment is inappropriate in most instances when handbook contains both a disclaimer and promises). The presence of promissory language and a disclaimer in the handbook make it ambiguous and subject to more than one interpretation. [3] See Fleming v. Borden, 316 S. C. 452, 450 S. E. 2d 589 (1994) (stating that a handbook containing both a disclaimer and promissory language should be viewed as inherently ambiguous). Here, the handbook states that it does not operate to change the at-will nature of employment to a contractual relationship. However, the handbook’s procedures concerning progressive discipline, discharge, and grievance are couched in mandatory terms, including assurances that the procedures will be followed. As to Lowe’s statements regarding the new disciplinary policy, Baril testified: Richard Lowe told me, guaranteed me that the new disciplinary policy was put into effect for exactly that reason because I told Richard, I said, you know, I have been a manager, and you can use a disciplinary procedure to try to eliminate people or try to help people grow and have positive behaviors and goals and grow. And Richard Lowe said that is what that policy is for, is to help you, and that is what is going to be happening from this point forward, and I felt that that was a guarantee, was a contract, a verbal contract that I would be treated equitably, that I would be—that I would not be targeted any further, that the grievance was over, and we were to go forward. And so I felt at that time that that was a contract that was made . . . . Thus, the court concluded that the procedures and practices established by the Hospital was more than sufficient for it to arrive at the conclusion that an employment contract was created between the parties. II. Hospital’s Actions in Terminating Baril’s Employment Baril claims the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist regarding whether Hospital’s actions in terminating her employment breached an employment contract between Hospital and Baril. We agree. When an employment contract only permits termination for cause, the appropriate test on the issue of breach focuses on whether the employer had a â€Å"reasonable good faith belief that sufficient cause existed for termination. † Conner v. City of Forest Acres, 348 S. C. 454, 464, 560 S. E. 2d 606, 611 (2002) (emphasis added). â€Å"[T]he fact finder must not focus on whether the employee actually committed misconduct; instead, the focus must be on whether the employer reasonably determined it had cause to terminate. † Id. at 464-65, 560 S. E. 2d at 611. a. Reasonable Good Faith In the January 1999 meeting, Baril expressed concern that Martinez de Andino disliked her and would use Hospital’s disciplinary process to terminate her. Lowe responded that Hospital had updated pertinent portions of its employee handbook to prevent the disciplinary procedure from being abused to eliminate employees and to ensure that it would only be used to positively impact its employees. Nevertheless, reasonable minds could disagree as to whether Hospital proceeded to act in reasonable good faith by using the disciplinary policy to immediately terminate Baril for using the toll-free line to transfer one possibly business-related telephone call to Baril’s sister for thirty-two seconds. Additionally, our Supreme Court has held that summary judgment should not ordinarily be used to resolve the question of whether an employer acted under a reasonable good faith belief that sufficient cause existed for termination. Conner, 348 S. C. at 465, 560 S. E. 2d at 611-612. Viewing the evidence in the light most favorable to Baril, we find that reasonable minds could differ as to whether Hospital acted with good faith in terminating Baril. b. Sufficient Cause Hospital alleges it followed its disciplinary policies in terminating Baril. Hospital contends Baril’s request that her call on Hospital’s toll-free line be transferred to her sister’s private residence constituted an act of â€Å"dishonesty, fraud, theft (regardless of amount), unauthorized removal of hospital property. † Thus, Hospital avers Baril demonstrated violation of a â€Å"critical offense† meriting immediate termination. However, Hospital never announced a policy against use of its toll-free telephone line by employees for personal or private business, although the written materials of Hospital purported to communicate policies and changes to Hospital employees. Furthermore, Baril declared that other Hospital employees had engaged in similar behavior without Hospital’s objection, thereby raising the possibility that Hospital tacitly condoned the practice. Assuming, arguendo, that Hospital rightfully concluded such employee use of its toll-free telephone lines for private purposes constituted dishonesty, fraud, or theft sufficient to merit immediate termination under its policy, evidence exists that Baril’s telephone call to her sister originated in matters related to her employment at Hospital. Moreover, Hospital failed to produce any evidence that it suffered a loss related to the telephone call. In addition, Hospital rejected Baril’s good-faith efforts to compensate Hospital for any loss it may have sustained for the thirty-two second call, although Hospital’s undisputed practice was to permit employees to reimburse it for private long-distance telephone calls. The Circuit Court determined â€Å"no evidence showed or even suggested that [Baril] ever reimbursed or attempted to reimburse Hospital for any of these calls. † A cursory reading of the record contradicts this finding. First, the phrase â€Å"any of these calls† wrongly implies that Baril made more than one call, contrary to undisputed evidence that she only made one call at issue. Next, the record is replete with testimony from Baril and Lowe that Baril immediately offered to reimburse Hospital for any expenses related to the telephone call. Hospital maintains Baril abused her authority by ordering a subordinate to transfer the telephone call outside the Hospital. Yet, the record contains no evidence that Baril had any subordinates at the Hospital at the time she placed the call. In fact, the employee whom Baril asked to transfer the call was only considered a subordinate by the trial court because she had previously been one of Baril’s nursing students. Viewing the evidence in the light most favorable to Baril, we conclude her actions constituted a mere peccadillo at worst and that reasonable minds could differ concerning whether Hospital terminated Baril with just cause. III. Mitigation of Damages Baril claims the Circuit Court erred in granting summary judgment because, viewing the evidence in the light most favorable to Baril as the nonmoving party, material issues of fact exist concerning whether she made reasonable efforts to mitigate her damages. We agree. A party injured by the acts of another is required to do those things a person of ordinary prudence would do under the circumstances, but the law does not require him to exert himself unreasonably or incur substantial expense to avoid damages. McClary v. Massey Ferguson, Inc. , 291 S. C. 506, 354 S. E. 2d 405 (Ct. App. 1987). Whether the party acted reasonably to mitigate damages is ordinarily a question for the jury. Id. Baril did not seek other employment throughout this litigation. However, she attempted to justify her behavior. First, she testified she did not want to reveal to potential employers that she had been fired. Second, she testified that there were no other hospitals with emergency rooms in or near Aiken, where she resided. Thus, she would have been forced to either commute or relocate in order to perform similar work. Baril did not want to relocate because she had a home and family in Aiken, where she taught college classes on a full-time basis. Baril speculated that a lengthy commute would interfere with her teaching career. Considering the evidence in the light most favorable to Baril, reasonable minds could disagree over whether she made reasonable efforts to mitigate her damages. The trial court should have allowed this question to be resolved by a jury. CONCLUSION Accordingly, the trial court’s decision is REVERSED and REMANDED. CONNOR and STILWELL, JJ. , concur. [1] John Arnold’s specific job title is unclear in the record, which indicates he operated in a supervisory capacity similar to that of Martinez de Andino. [2] Shortly before Martinez de Andino initiated the July 1998 disciplinary action against Baril, a dispute arose between them concerning Martinez de Andino’s decision to hire paramedics to perform nursing functions in the emergency room. Baril learned from the South Carolina Department of Health and Environmental Control that South Carolina law prohibited paramedics from performing some of the functions that Martinez de Andino intended for them to perform. Baril conveyed this information to Martinez de Andino, who told Baril to â€Å"deal with it. † Baril contends Martinez de Andino resented Baril’s input, leading to a souring of their relationship that motivated her to seek Baril’s termination. [3] Baril and Hospital clearly disagree about the existence of a contract.

How to Get Your MLA Citation Format Right?

How to get your MLA citation format right Well, the help is right here. When you are asked to write an essay or report in an MLA format, you might be confused how to reference your sources to avoid plagiarism. The MLA citation format is designed by the Modern Language Association, and the latest, 8th edition gives you simple guidelines to follow when providing direct quotes or referring to works you used to write your essay. It is mostly used for liberal arts, literature, and humanities course works. The requirements for in-text citation and reference list have been updated, due to the different types of electronic sources used by students. Find out below how to create a Works Cited page in MLA and avoid plagiarism. How to Format Your MLA Citation: General Guidelines Before you create your Works Cited page in MLA, you need to make sure that you get the order right. The following information is needed on the page in the following order: Author’s name Title of source (book or article Title of journal or collection Other contributors or editors Version number or â€Å"updated† information Number of the publication Publisher’s name Publication date Location of the publication Unlike in other academic formats, such as Chicago and Harvard Manual of Style , the date of the publication is in the very end of the citation. The updated 8th edition MLA style guide has simplified some of the references, so you can easily quote websites and online sources, too.Author’s InformationThe name of the author should be in a surname-first name order. If there is only one author, you need to write their full name, not only the initials, followed by a full stop. If there are two authors, connect their names with an â€Å"and†. If thereTitle PageThe titles of books should be written in Italics, but if you are using a website, the site’s title needs to be in quotes. When citing a journal article in an MLA format, you need to put the article’s title in quotes and the journal’s name (container) in italics. Music track titles should also be cited in italics.Container (collection or journal)As a general rule the container always has to be in Ital ics and title case. This includes the website where you found an article used as a source for your essay.Translation and CommentaryYou need to add this information after the basic (title and container) information, such as: â€Å"Translated by† or â€Å"Explanatory notes written by† followed by the name.Publisher and Publication DateIf you know the version of the source, you add this, followed by the publisher’s name and the date of the publication.Sample MLA Citation:Your MLA references should look like this: Contributors’ names. â€Å"Title of Resource.† Journal Name, Last edited date.In-text MLA CitationsYou can use direct or paraphrased quotations in MLA format. Unlike in APA and Harvard, you will not need to use the date when citing the source, only the name of the author, and the page number if you have taken an idea directly from a source, even if you paraphrased it. As a general rule, if you refer to the author in the same sentence, you will not need to add their name in the MLA format citation again, only the page number. For example, you can write the following sentence: â€Å"Greene claims that â€Å"urban neighbourhoods are declining† (226). You still have to note the page number for direct quotations, without the letter â€Å"p† or a full stop after the page number. If your MLA sources have more than one authors with the same surname, it is recommended that you use their first initial to identify them clearly in in-text citations. If there are two authors, write both of their surnames, and if there are three or more, only write the first author’s surname followed by â€Å"et al.†. When you quote indirect sources, you will need to add â€Å"qtd.in† and â€Å"name of the author† to your MLA citation.What are Parenthetical Citations?Any idea that you take directly from a source is a parenthetical citation, even if you do not quote it word-for-word. You always have to identify the source by page number to avoid plagiarism.What is the Main Change in the 8th Edition MLA Citation Guide?In previous versions, you were required to write web sources in a format that starts with http: or www. In the new version, you do not need to add either, simply start with the web address without the â€Å"www†.How to Format Your MLA Citation Page?You need to write â€Å"Works Cited† centred on the top of the MLA citation page. This is followed by tge alphabetical list of your sources used to write your essay. Order your sources based on authors’ surname. Do not start your source indented, but every second and following line of the same source needs to be indented half an inch. Do not put extra paragraph space between sources. If your Works Cited page is longer than one page, you do not have to use â€Å"Works Cited† on the next pages as a title. How to Check your MLA Referencing is Correct? There are several ways you can make sure that you have your MLA sources listed correctly. You might want to use the simple solution and use Google Scholar for referencing, however, it is not a hundred percent reliable. There are also tools you can use to create your MLA citations, such as citation machine. When you use the tool, you need to make sure that you select MLA 8th edition, as the references are created in 7th edition format as standard. Simply choose the type of source, and add your title and author, so you get your MLA references formatted for you. If you are not sure whether or not you have created the right format of citation or want to make sure you are not accused of plagiarism, and included all your sources, you can get in touch with our experienced academic editors at our site to help you out.Do you need help writing your Dissertation OR Custom Essay? Order Dissertation Today OR Call Now 855-997-2158Summary Article Name How to Get Your MLA Citation Format Right? Description Looking for some help on how to get your MLA citations right, then look no further, a brief guide is here. Author our site – Admin – Laura Publisher Name our site Publisher Logo

Illegal Immigration Speech Essay

Give us your tired, your poor, your huddled masses yearning to breathe free. These words are engraved on the Statue of Liberty that was assembled in 1886. The statue was meant to be a beacon of hope for all immigrants that enter the U.S. Do we still agree with what those words say? I’m not against all of the immigrants who want to start a better life here by becoming legal citizens. I’m against the millions of illegal immigrants that come to the U.S. and cause trouble and make things harder for the legal immigrants that are already here. Illegal immigrants have long been a problem in the United States, and there have always been so many controversies about illegal immigration Today, I would like to inform you about the serious problems illegal immigration could cause. First, by giving you all the facts, and by explaining how illegal immigration, if continued, will affect our lives. Transition: I’ll start by telling you about some illegal immigration facts and its history. Body 1 Americans have always been realistic about illegal immigration, but if it continues at the rate it is, we will be in trouble. a The biggest issue is the fact that the U.S. is in the middle of another great wave of illegal immigration. b In 2000, the US Census Bureau puts the estimate of illegal immigrants at 8.7million. Since then, United States immigration officials have said the number has grown by as much as 500,000 a year. c If immigration continues at current levels, the nation’s population will increase from 301 million today to 468 million in 2060 – a 167 million, or 56% increase. 2 Did you know that the country is spending massive amount of money on illegal immigrants each year? a According to illegalimmigrationstatistics.org Illegal immigrants costs the U.S. $130 billion each year b And each year we’re paying $1117 each year to support the illegal immigrants. 3 Illegal immigrants are a great danger to America. According to the Manhattan Institute for Policy Research, more than 50% of illegal immigrants that come to America break laws, steal, rape, murder, form and join gangs, sell drugs and engage in the trade of illegal weapons. a Statistics show that illegal immigrants cost the federal prison and court system over 1 billion dollars each year. b 95% of outstanding warrants for homicide in Los Angeles are for illegal immigrants Transition : Transition: If proper steps are taken to reduce illegal immigration, we will see a great  improvement in our society. 4 Most Americans know our basic laws regarding illegal immigration. It is illegal to enter the United States without permission. The first time an illegal immigrant is caught in the US it is a misdemeanor civil offense. This is because we want to be able to quickly return illegal aliens back to where they come from, when they are caught at the border without the rigors of a jury trial. a After the first offense, being caught a second time is a felony! b It is also against the law to overstay a visa issued by the US Government and illegal for an employer to knowingly hire illegal immigrants. Transition. With the government working together to reduce illegal immigration, we are bound to see improvement in our county. Conclusion If illegal immigration can be stopped, many people all over the country will receive benefits. a The U.S. will save money if we don’t have to spend it on care for illegal immigrants, and then the U.S can use that money for better causes, like more money for education. b The U.S. will become a safer place for us to live in, without the increased crime rates illegal immigrants caused. Transition: Now that you have a better understanding of the harms that illegal immigration causes, here are a few things you can do. 1. Read the paper and watch the news. New developments are occurring everyday in our society; know what is going on in the world around you. 2. Spread it out, talk to people about this, have discussions with them. 3. Register to vote. What’s the first thing you do when you turn 16? You go out and get your driver’s license. When you turn 18, make registering to vote your first priority. 4. I’ve explained to you the facts of immigration and how, if continued, will affect your life as an individual. So now that you are informed. Have a say in your future and stand up for what you believe in. It all has to do with how you want to live your life.