BUGusa Inc. & WIRETIME Inc. Scenarios Essay Example for Free

BUGusa Inc. WIRETIME Inc. Scenarios Essay BUGusa Inc. is based in any state USA. The company provides critical software technology that allows eaves dropping, sound collection and more to law enforcement agencies throughout the states and federal government within the United States of America. BUGusa Inc. is looking to expand its services, expertise and software at an international level. In the course of their operations there have been some questionable behaviors concerning internal and external factors that are affecting the flow of operations and in some cases, this behavior may cause serious issues with the integrity of the software and its security. WIRETIME Inc. is a fairly new company competing against BUGusa Inc. That seeks to gain information on BUGusa Inc. by infiltrating its workforce and recruiting its best and brightest. Throughout this paper I will address some of those case scenarios and do my best to answer the questions set forth by the assignment. 1st Scenario: Has WIRETIME Inc. committed any torts? BUGusa Inc. vs. WIRETIME Inc. In this case scenario we find that WIRETIME Inc. has made an intentional negative public statement against BUGusa Inc, and more specifically against its product reliability. This behavior by WIRETIME Inc. can be seen as a gross move against BUGusa Inc. reputation, thus causing distrust in their products and services from the general public, state and federal agencies home and abroad. The behavior demonstrated by WIRETIME Inc. while not uncommon in the business world, can be seen as a defamation or libel tort, and this can give BUGusa Inc. leverage against WIRETIME Inc. in a lawsuit. BUGusa Inc. may sue for any marketing related costs it will incur to help its image rise to new and higher levels of trust within its current customers and future customers nationally and internationally; it wouldn’t  be a surprise if they also try to collect from possible damages it may have incurred from actual or potential loss of profit stemming from the ad circulated by WIRETIME Inc. and the distrust it may have already or potentially cause in the future against BUGusa Inc. WIRETIME Inc. could make the argument that its intention was not to harm BUGusa Inc. reputation because their statements were opinion based and not objective facts. In order to rebuttal the argument by WIRETIME Inc., and to build new trust, BUGusa Inc. could demonstrate that its products and services work well beyond the one-month capabilities that WIRETIME Inc. suggested on its supposedly opinion ad. By demonstrating that their software and services work beyond the one- month mark, they can surely h old their ground against their competitor and possibly create new business and stronger relationships with its consumers, and, at the same time win the lawsuit against WIRETIME Inc. 2nd Scenario: Has WIRETIME Inc. committed any torts? Janet, head of the RD department at BUGusa Inc. has two more years in her contract with her current company. She has been offered a much lucrative opportunity to work for the competition (WIRETIME Inc.) But there is a provision in her current contract that prohibits her to work for the competition for the following two years of her contract even if she was fired before that time expires. This is called the non – compete clause. Janet disclosed this information (non – compete clause) to the head of human resources at WIRETIME Inc. when he or she offered Janet employment with their company. You would think that this information would deter any further headhunting approach from WIRETIME Inc. because of the consequences Janet’s breach of duty to BUGusa Inc. may cause her if she accepts and the liability WIRETIME Inc. picks up by performing this intervening event against the non – compete clause BUGusa Inc. has on Janet’s contract. After Janet exposed the non – compete clause, the head of human resources at WIRETIME Inc. persisted and offered to increase her pay by 10% and added a $5,000.00 signing bonus to the deal. Janet had a duty to BUGusa Inc. and she committed a breach of contract by accepting the offer from the competing company by evidence of acceptance. There was an offer, acceptance, consideration,  consent, capacity, legal purpose, and writing. While it was illegal to work for the competitor, it was not illegal for her to resign from BUGusa Inc. WIRETIME, clearly intended to have Janet violate her legal agreement and contractual restriction with BUGusa Inc. and committed the tort of interference in a contractual relationship between Janet and BUGusa Inc. 3rd Scenario: WIRETIME Inc. (Steve Walter) Discuss BUGusa Inc. Liability for Walters’s actions. WIRETIME Inc. has made it its main mission to infiltrate its competitor and retrieve high value information from BUGusa Inc. by all means necessary. WIRETIME Inc. sends one of its employees, (STEVE) to apply for a position at BUGusa. Such is their luck that Steve, not only gets hired, but he secures a position within BUGusa Inc. research and development department. BUGusa Inc. failed to realize that Steve was an employee at WIRETIME Inc. thus placing the companies’ sensitive information at risk. While at BUGusa, Steve was picked up by an attentive security guard (Walter) who found out through the grapevine and investigation, that Steve was a spy amongst them working for the competitor. Walter decided to approach Steve and take him in to a soundproof room, and retrieve the truth from Steve through intimidating threats against his physical safety for six hours. Steve, of course fearing for his physical well being, disclosed his purpose in the company what information he has passed along and whom he truly worked for. While Walters’s frustration with Steve is understandable, his handling of the situation is totally unacceptable and carries some penalties with it. Walter created an atmosphere of stress, mentally and physically against an employee, regardless of his true intentions; BUGusa Inc. should of done its homework through background checks against Steve and probably saved itself the headache. Nevertheless, Walters’s behavior was thuggish and criminal thus creating the tort of assault. Walter could have held Steve and called the police, then followed through with charges against Steve and WIRETIME Inc. but his course of action may result in Steve goi ng after BUGusa Inc through vicarious liability. This liability holds BUGusa Inc. as responsible for Walters’s behavior and actions while performing his normal duties in the workplace. 4th Scenario: Parking lot of BUGusa Inc. Crime problem. What defense if any, may be available to BUGusa Inc.? As with all working environments, it is the legal and implied duty of any employer to provide a healthy and safe work environment for its employees, vendors and any other patrons visiting or performing work at any job site within the United States of America. Here we can see that this particular BUGusa Inc. branch that is located in Shady town USA, has been the victim of multiple attacks on its employees and its vendors and also fell pray to vandalism. This problematic issue is well known to the residents of the community where BUGusa has its building; this leads me to know that management at BUGusa Inc. must have also been aware of this problem and failed to address it properly. I do not see any available defense for BUGusa Inc. on the matter of the vendor being attacked and robbed while waiting to deliver goods at the facility mentioned above. BUGusa has a duty to its employees, vendors and any patron performing any job within its premises to provide adequate safety measures that w ill deter thief’s from braking in to cars and vandalizing company property, but most importantly from harming the people within its property at all times. Having a well lit parking lot means all lights are working properly and to their full capacity, and in this case, they had a few lights that were not operating at all. Also, well-lit areas are not enough security against a hostile environment that has in the past proven to be dangerous against employees and vendors. The company breached its duty by not upgrading its security measures after the first reported assaults against its employees, this negligence caused that the vendor become another victim of the crime wave affecting its private property. The injury to the employees and vendor are financial, mental and may well be physical if not yet. The tort that applies here is negligence on the part of BUGusa Inc. If they would have reevaluated their security stance against the rise in crime and violence on their property and its surrounding community, it could have avoided such negligence. 5th Scenario: Randy and Brian (BUGusa Inc.) What defense may be available to BUGusa Inc.? The following Scenario holds two parties as responsible for failing to perform their required duties as responsible citizens and employees. By both parties being negligent, they are both are potentially at fault; they violated personal and business duty, breached their duties to their safety and business safety, causing an accident and damages to private and business property not to mention the physical injuries if any, and obvious financial injuries to personal and business property. Both Randy and Brian were negligent in their actions, Brian, as an employee of BUGusa Inc. could have avoided the crash if he were following the speed limit or driving in accordance with road and area conditions. Randy failed to obey the yield sign and assumed the risk of being impacted by another vehicle. Here we can apply comparative or contributory negligence because they were both at fault, if BUGusa Inc. can prove that Randy had more to do with the cause of the accident then they may well win the c ase. 6th Scenario: Sally may have a successful case against BUGusa Inc. for what Tort? Just as in the actual case of General Motors, BUGusa Inc. failed to notify the consumers of the potential hazards of using their products. BUGusa tried to save money at the risk of consumer’s safety by taking shortcuts in the manufacturing and assembly process, knowing that such shortcuts may result in short circuit and in some cases harm to its product users they moved forward with its sale and fielding. Strict Product Liability Tort states that the manufacturer, distributor and seller are responsible for any harm and or injury caused by failure to inform of manufacturing defects or design defects. By designing the product without the necessary insulation, Sally was exposed to a short and suffered injuries. BUGusa Inc. is clearly in hot water and can be liable for all harm and injuries stemming from this negligent act. References Cornell University. (2014). Tort. Retrieved from http://www.law.cornell.edu/wex/tort Expert Law. (2014). Negligence / Personal Injury. Retrieved from http://www.expertlaw.com/library/personal_injury/negligence.html Hill, M. (2011). The Legal Environment of Business. A Managerial Approach: Theory to Practice. Phoenix, AZ: Copyright  © McGraw-Hill Company.

Technology and Education Essay -- essays papers

Technology and Education When I first stepped foot into a Towson University classroom I was surprised by what I saw. What I saw was something I thought only belonged in corporate meeting rooms. This device I speak of was a digital overhead projector. For me this was something new and very exciting. Where I went to school the idea of technology was a television with a VCR on a rolling stand. This change in technology was far superior than I had ever imagined and this is why I was I chose this topic to research. With all of the new technology that is being produced daily and so much of it beneficial to our education system what topic could be more interesting. The three topics I would like to cover in my research are the pros and cons of technology in education, current technology being used in education, and the future of technology in the classroom. When debating on whether or not technology in education is a useful resource there are many arguments from both sides of the argument with the pro’s outweighing the cons. There are many ways that technology can improve the education of children all over the country. Using technology can improve a student’s performance when all of these factors are present, when technology provides the student a chance to work with the technology being used to teach the class. Also when the technology is directly tied into the course and when the parents and other people in the community support the technology being used. There is also the convenience factor that makes technology so useful in the classroom. With digital projectors teachers can put all of their notes onto power point slides and teach straight from those instead of having to take time to write everything on the board and if a studen... ...many more online classes and schools. Right now there are a few online schools that have proven to be very successful and many schools are offering online classes. In the upcoming years the amount of these schools and classes will without a doubt increase. Technology has and will play a vital part in education. In the past it was very difficult to teach students something other than what was in the text book or in the local library. With the advancement of technology and the internet teachers can now teach a broader range of topics that students could research on the internet. Also with all of this technology it makes the learning process simpler and somewhat more enjoyable. I don’t the world would be where it is and go where it is going without this technology, it creates a very heterogeneous society and allows people to study things they never thought they could.

Clyne’s Revision of Grice’s Maxims Essay

Grice’s Maxims have been criticised for being too Anglo-centric. Michael Clyne proposes revisions to the four maxims in his 1994 book Intercultural Communication at Work. Do Clyne’s revisions of this model go far enough in universally accounting for intercultural conversation? Why or why not? Grice’s General Cooperative Principle has been under continuous debate for the past three decades. It is mainly through the maxims that Grice’s paradigm has been challenged as highly ethnocentric, however such readings may tend to take the maxims too literally rather than as â€Å"reference points for language interchange† (Allan as cited in Clyne, 1994, p. 11). There is some agreement in this, but as suggested by Mey (1994, p. 74), the principle and maxims are â€Å"always defined relative to a particular culture†. It is this idea of cultural values underlying communication that has caused the contention of Grice’s cooperative principle and its subordinate maxims. Many linguists (Keenan, 1976; Wierzbicka, 1985; Clyne, 1994; Bowe & Martin, 2007) have criticised Grice’s Maxims for being too ethnocentric – claiming that its assumptions are based on Anglo-Saxon norms and culture. This Anglo-centric nature is problematic for intercultural communication as the maxims are inapplicable to many cultural values systems; namely European and Southeast Asian cultures where harmony, respect and restraint play a key role (Clyne, 1994, p. 192). In an attempt to better reflect intercultural conversation, Clyne (1994) has proposed a set of revised ‘maxims’ to make Grice’s principles more universal. His revision of Grice’s model certainly accounts for a wider variety of contexts and cultures, however it cannot be said to universally account for intercultural conversation. As conversation is unique to its context and participants, in reality no single theory could universally embody real life language use. Although people of all backgrounds generally do attempt to facilitate successful communication (if it doesn’t conflict with their purpose or cultural values), factors unique to each participant can affect any given conversation. Thus, it c an be said that while individuals are conditioned by their culture and environment, discourse patterns will always be influenced by personality factors (Watts, 1991) and pragmatic and intercultural competence. On the surface, Grice’s cooperative principle seems to provide little  difficulty for intercultural analysis; its degree of uncertainty is certainly appropriate for discussions of cultural diversity. Making a contribution â€Å"such as is required, at the stage at which it occurs, by the accepted purpose or direction of the talk exchange in which you are engaged† (Grice, 1975, p. 45) seems to allow for the acceptance of different purposes and requirements in different contexts, and does not exclude the influence of norms associated with a variety of different speech communities. Although intercultural analysis was not Grice’s main concern, he has defined the discourse of his cooperative principle as â€Å"concerted enterprises† that allow â€Å"a high degree of diversity in the motivations underlying quite meagre common objectives† (1989: 369). Grice himself makes no explicit claims of universality, using characteristically modest language to refe r to a â€Å"first approximation of a general principle† (1989: 26). He is extremely careful not to overstate the case for ‘cooperation’; suggesting that â€Å"each participant recognizes in them (talk exchanges), to some extent, a common purpose, or at least a mutually accepted direction† (1989, p. 26). It should be pointed out however, that Grice’s maxims depict an idealised and simplified language use, whereas reality is much more complex and multi-dimensional. In everyday conversations, telling the entire truth might be seen as impolite or inappropriate in certain cultures. There also tend to be intercultural differences that do not always follow a universal principle. Some cultures and languages (i.e. Chinese) often dictate that their speakers use indirect speech in conversation, which means they are unable to follow Grice’s maxims of quantity and manner. In such cases, there is a clash between Grice’s maxims and the pragmatic rules of conversation, which are culturally sensitive. For example, when being offered a drink, a typical Chinese person would automatically say no the first time, while expecting the offer to be made at least two or three times more. This resembles a kind of phatic language communication; saying no, but not really meaning no. In this sort of situation, if someone doesn’t adhere to the cultural norm – choosing to follow Grice’s maxims instead, then they would sound odd and out of place. The above example demonstrates that Grice’s maxims aren’t relevant in all contexts as they clash with certain cultural values systems. Many linguists  (Clyne, 1994; Hymes, 1986; Loveday, 1983; Walsh, 2009) have picked up on this discrepancy between theory and data, claiming that the maxims are only relevant to the English speaking Western world. In particular, Clyne (1994) has pointed out that they have limited relevance to cultures where content and knowledge are core values. For example, speakers of Malagasy, â€Å"whose form of co-operation seems to consist in making their contributions as opaque, convoluted and non-perspicuous as possible† (Keenan as cited in Mey, 1994, p. 74) could be seen as flouting the Maxim of Quantity. This is because information, especially ‘new’ information gives the holder a certain amount of prestige, thus Malagasy people tend to use indirect, evasive language. It is obvious then, that environmental factors, social interaction and cultural norms need to be considered when interpreting conversational implicature. This is reinforced by Hymes (1986), who notes that Grice was correct in assuming that any culture will have some sort of orientation towards telling the truth (quality), being informative (quantity), staying on topic (relation), and being clear (manner), but that this orientation and how it is articulated cannot be assumed to be the same in all cultures. It is necessary then to recognize that each language and/or culture will have its own settings for each of the maxims (Bowe & Martin, 2007). In an attempt to reduce the cultural bias of Grice’s maxims, Clyne (1994) has proposed revisions to the four maxims (quantity, quality, relation, manner) by considering different cultural norms and expectations. An example of this is the modification of the maxim of quality so that it reads ‘do not say what you believe to be in opposition to your cultural norms of truth, harmony, charity, and/or respect.’ This revision accounts for situations in which the hearer may not want to respond truthfully in order to preserve face or harmony (Lakoff, 1973). This cultural value of harmony is especially prevalent in Chinese and Vietnamese cultures. Nguyen (1991) claims that communalism and collectivism has enforced harmony as a central cultural value in the Vietnamese people. Because of this emphasis on harmonious relations, Vietnamese frequently utilise ambiguous communication behaviours in order to avoid conflict. Although this language use could flout one or more of Grice ’s maxims, by introducing cultural parameters such as truth, harmony and face, Clyne’s (1994) revisions can better account for  intercultural conversation. Clyne’s (1994) revised maxims for intercultural analysis certainly have more regard for the communicative patterns of non-English cultures; however, they don’t altogether meet the needs of intercultural communication. In intercultural communication a high level of pragmatic competence is central to an interlocutors performance. As Thomas (1984) points out, it is commonly the differences in pragmatic competence that are problematic in intercultural conversation. Furthermore, it is possible to have achieved a very high level of linguistic proficiency, while having a relatively low level of socio-pragmatic proficiency. This can result in speakers using a language, which for some reason is deemed inappropriate, incomprehensible or even offensive (Thomas, 1984). This will be demonstrated by the following example: An Australian manager has been reassigned to the Athens office of his organization and is assigned a Greek secretary. On a daily basis, he assigns work to her by using conventional indirect requests such as ‘Could you type this letter?’ One day, she complains to a colleague, ‘I wish he would just tell me what to do instead of asking me. After all, he’s the boss and I’m here to do what he wants.’ In the above example, we have a mixture of assumptions about the rights and obligations of two parties in a relationship characterized by asymmetrical distribution of power, and the way this power will be exercised and acknowledged. The Australian boss attends to the face wants of his secretary by attempting to minimize the power distance between the two. This is done by the use of politeness strategies that seemingly give the subordinate the option not to perform a requested act – ‘Could you type this letter?’ Thomas (1995, p. 161) observes that ‘allowing options (or giving the appearance of allowing options) is absolutely central to Western notions of politeness’. An Australian secretary would presumably know that a direct, on-record refusal of this request would be face threatening to her boss – as well as threatening to her own job. She could potentially employ indirect refusal strategies (i.e. hints), which would avoid on record refusal and  sustain the appearance of harmony. As Green (cited in Thomas, 1995, p. 147) points out â€Å"the speaker is really only going through the motions of offering options or showing respect for the addressee’s feelings. The offer may be a facade, the options nonviable, and the respect a sham. It is the fact that an effort was made to go through the motions at all that makes the act an act of politeness.† It is clear that in this example the two parties have not yet negotiated a shared set of norms. The secretary acknowledges and accepts the power difference between herself and her boss. She is dependent on him for work, and she accepts that he has the right to tell her to carry out various secretarial duties. To her, the Australian boss seems insincere when he requests her to do something for him, because as far as she is concerned, the power relationship admits no options. That is; she does not interpret the deference that her boss displays towards her as an act of politeness. There are obviously socio-pragmatic differences between the two parties. The Australian boss has carried his socio-pragmatic norms into the Greek setting, where they violate the expectations of his Greek subordinate. Each party is defining and acting within the situation differently. Despite this, their encounters are not entirely unsuccessful: the boss makes requests for work that the secretary completes. However, the Greek secretary feels dissatisfied with her boss’s politeness strategies. It can be said that neither party is completely interculturally competent. That is; communicating in a culturally competent way requires interlocutors to learn about the ways culture influences communicative utterances of individuals concerned. After all, if the secretary constantly doubts the sincerity of her boss, the relationship is threatened. And if the boss is unaware of the effects of this, he may experience a rude awakening in the near future. Based on what has been discussed, it can be concluded that Grice’s maxims cannot be taken as absolute rules; this would be neither right nor practicable. Language is not as clear-cut as mathematical formulas; it frequently integrates with culture and society. Thus cultural and pragmatic considerations are vital to successful intercultural communication. Moreover, linguistic competency may not always cause a breakdown in  communication; very often when language form and cultural norm clash, culture supersedes language form. Clyne’s (1994) revisions of the conversational maxims better reflect cultural variation, however they do not universally account for intercultural communication. The examples aforementioned demonstrate that factors such as pragmatic and intercultural competence also play a key role. Intercultural communication then becomes something that is negotiated at local level by participants, involving mutual adaptation. Difficulties may arise, of course, in the process of negotiation through limitations in the socio-pragmatic and strategic competence of some or all participants. After all, there are individual differences in these competencies, and as Agar (1994) points out, we have to remember that in any intercultural conversation, ‘it’s persons not cultures that are in contact’. References: Agar, M. (1994). The intercultural frame. In International Journal of Intercultural Relations 18/2:221-237. Bowe, H. J. & Martin, K. (2007). Communication across cultures: Mutual understanding in a global world. Cambridge: Cambridge University Press. Clyne, M. (1994). Inter-cultural Communication at Work: Cultural Values in Discourse. Cambridge: Cambridge University Press Grice, H. P. (1975). Logic and Conversation. In P. Cole & J. Morgan (Eds.), Syntax and Semantics 3: Speech Acts. New York: Academic Press. Grice, P. (1989). Studies in the Way of Words. London: Harvard University Press. Hymes, D. H. (1986). Discourse: Scope without depth. In International Journal of the Sociology of Language, 57, 49-89. Keenan, E. O. (1976). On the universality of conversational implicatures. Language in Society 5.67-80. Lakoff, R. (1973). The logic of politeness, or minding your p’s and q’s. In Papers from the Ninth Regional Meeting of the Chicago Linguistic Society. 292-305. Loveday, L. (1983). Rhetoric patterns in conflict: The sociocultural relativity of discourse organizing processes. In Journal of Pragmatics, 7, 169-90. Mey, J. (1994). Pragmatics. An Introduction. Oxford: Blackwell. Thomas, J. (1984) Cross-cultural discourse as â€Å"unequal encounter†: Toward a pragmatic analysis. In Applied Linguistics, 5(2), 226-235. Thomas, J. (1995). Meaning in Interaction. An Introduction to Pragmatics. Harlow /Munich: Longman. Walsh, M. (2009). Some neo-Gricean maxims for aboriginal Australia. Retrieved from http://www.aiatsis.gov.au/research/docs/alw/Walsh09.pdf (accessed 22/10/2013) Watts, R. J. (1991). Power in family discourse. Berlin: Mouton. Wierzbicka, A. (1991). Cross-Cultural Pragmatics. Berlin: Mouton de Gruyter Wierzbicka, A. (1985). Different cultures, different languages, different speech acts. In Journal of Pragmatics 9.145-78.

Inclusion in the Public School Classroom Essay - 1537 Words

Inclusion in the Public School Classroom What do we do with children with disabilities in the public school? Do we include them in the general education class with the â€Å"regular† learning population or do we separate them to learn in a special environment more suited to their needs? The problem is many people have argued what is most effective, full inclusion where students with all ranges of disabilities are included in regular education classes for the entire day, or partial inclusion where children spend part of their day in a regular education setting and the rest of the day in a special education or resource class for the opportunity to work in a smaller group setting on specific needs. The need for care for children with identified†¦show more content†¦This law has seen numerous updates throughout the years the most recent being in 2004 and its final regulations published in 2006. Those in favor of a full inclusion setting for disabled children argue that the benefit to these children being among their peers outweighs that of any learning disruption to the regular education students. According to Art Shapiro, a special education professor at Kean University, â€Å"inclusion improves learning for both classified and non-classified students. When youngsters who have learning problems are included, students without disabilities often do better academically. A teacher is more apt to break instruction into finer parts or repeat directions if he or she has a youngster in the room who deals with deafness, blindness, or a developmental disability.† (Shapiro) In fact it is argued that regular education students that are exposed to a variety of disabled peers tend to have a higher tolerance to differences with people and less of an anxiety about approaching, befriending, and helping those with more needs then themselves. As this author from ehow.com points out; à ¢â‚¬Å"Students with disabilities are often able to learn better because of the increased confidence that comes from not being segregated into classes forShow MoreRelatedInclusion of Students with Learning Disabilities Essay1618 Words   |  7 Pages Inclusion is a topic that is still at the forefront of educational controversy, in the classroom and also in Congress. According to The Cyclopedic Education Dictionary, inclusion can be defined in two ways: one, inclusion can be defined as the placement of disabled children in a general classroom setting for the entire school day and two, inclusion can be defined as the placement of disabled students into a general classroom setting for part of the day while they are placed in a special settingRead MoreHistorical Background Of Special Education Essay1605 Words   |  7 Pagesthe total number of enrollment in the public school were receiving federally supported special education programs†. 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