ShantanuT01/DACTYL-Pretraining huggingface dataset:
The ruling by Illinois Supreme court in the case of York v Rush-Presbyterian-St. Luke’s Medical Center is a classic example of the vicarious liability of a hospital for the wrongful act of an independent contractor under the doctrine of apparent agency. The case involves Dr. James York, a retired orthopedic surgeon who was admitted in Rush-Presbyterian-St. Luke’s Medical Center (“Rush-Presbyterian”) for three knee surgeries. During the third surgery, the attending anesthesiologist erroneously pierced the spinal cord of Dr. York permanently damaging some of the nerves. He sued Rush-Presbyterian for damages. The Supreme Court reviewed the rulings of the lower court, which were adverse to the hospital. The center focus was on the application of doctrine of apparent agency in the context of a medical malpractice action. Supreme Court noted that the following three conditions must be proved by the plaintiff in order to hold the hospital vicariously liable.   * “The hospital or its agent The hospital, or its agent, must have acted in a manner that would lead a reasonable person to conclude that the individual alleged to be negligent was an employee or agent of the hospital   * Where the acts of the agent create the appearance of authority, the plaintiff must show that the hospital had knowledge of and acquiesced in the acts and   * The plaintiff must have acted in reasonable reliance upon the conduct of the hospital or its agent” (Basberry.com) The court mainly relied on the third condition in establishing the vicarious liability on the hospital. The court was of the opinion if the plaintiff relied upon the hospital for undergoing the treatment instead of on his faith on a particular physician then the third condition can be said to have been satisfied. The court was clear in stating that when a patient enters a hospital he expects to receive the required care from the hospital except to that part of the treatment to be provided by the physician chosen by the patient. In case if the patient has not opted for any specific physician then it can reasonably be assumed that, he relied on the hospital to provide the complete medical care. This complete medical care can be taken to include the provision of support services like radiology, pathology and anesthesiology. These services are expected to be provided to the patients through the hospital staff. Even though, reliance was placed on the third condition, the Court also took into account the first condition by stating that the first condition will be deemed as satisfied in cases, where the hospital holds itself out to the patient as a complete service provider. In this case, the hospital should have used such support services without informing the patient that it relies on an independent contractor for the provision of any service. The Court further observed that the plaintiff would not be entitled to presume the existen
Introduction Intellectual property refers to the legal right to the result of intellectual activity or some means of individualization. The legislation that defines this right establishes a monopoly on certain forms of use of the results of either intellectual or creative activity which, in its turn, can be used by other persons only with the permission of the owner. Intellectual property is composed of two components: industrial property and copyright. The latter can include rights to literary and artistic works, sound recordings, the radio and television broadcasts, while the first contains inventions in all fields of human activity, including scientific discoveries, patents, and trademarks. This right is known as copyright and controlled by the World Intellectual Property Organization (WIPO) that is based on the Berne Convention ( History of Copyright n.d.). This paper explores the notion of copyright and copyleft, debates around the above issues, and Open Source Movement applications and principles. Copyright Copyright can be regarded as a form of intellectual property security. According to the law on copyright, it occurs immediately after an author’s work is finished regardless of where and when this work was published and the registration of his or her authority to creation. The first copyright act was regarded as Anna Statute and introduced for “preventing such practices as publishing and reprinting the works without the authors’ permission for the future and for the encouragement of learned men to compose and write useful books” ( The Statute of Anne, 1710 n.d., para. 1). Along with the Berne Convention that was mentioned above, one can note a range of other legislations that are implemented to protect copyright. For instance, the Copyright, Design, and Patent Act that was initiated in 1988 declares universal basic rights for copyright owners ( History of Copyright n.d.). Copyleft The expansion of copyright encountered the opposite tendency that can be referred to as copyleft. This term assumes the practice of owners of the copyright to ensure the impossibility of limiting any person from the right to use, modify, and distribute a product as the original one as well as works based on it ( GNU Operating System 2016). In other words, copyleft allows distributing the derived works under the same license as the original work. In contrast to the traditional approach of the copyright that assumes limited freedom of copying works, copyleft strives to employ copyright laws to expand the rights and freedoms of people. The project of GNU (an acronym for “GNU’s Not Unix!”), the General Public License, becomes one of the most prominent systems that ensures the fact that anyone who distributes the program with modifications or without them has no right to restrict the freedom of its further distribution or modification ( GNU Operating System 2016). Initially, it was supposed to be used only for software but then was extended to other types of digital and n
Critical evaluation of the quality and usefulness of the company’s financial reporting GlaxoSmithKline plc operates on a global basis, primarily through subsidiary companies established in the markets that are traded. Entities that the Group has the power to control the operating and financial policies are accounted for as subsidiaries. Where the Group has the ability to exercise joint control, the entities are accounted for as joint ventures, and “where the Group has the ability to exercise significant influence”, they are accounted for as associates. The results and assets and liabilities of associates and joint ventures are incorporated into the consolidated financial statements using the equity method of accounting. “Business combinations are accounted for using the acquisition accounting method”. Identifiable assets, liabilities, and contingent liabilities acquired are measured at fair value at the acquisition date (Bragg, Nach & Barry 2009). An Analysis of the Accounting Policies of GlaxoSmithKline When there is an indication that the assets of the company may be impaired, the carrying value of all non-current assets is reviewed. The intangible assets and intangible assets with indefinite valuable lives, which are not available for use, are examined for impairment every year. A provision of impairment is charged against the statement of the annual income for the respective year. The impairment of goodwill cannot be reversed. Only impairment losses on non-current assets can be reversed when a change in the estimates occurs (Bragg, Nach & Barry 2009). The recoverable amounts are established to the extent that the reversed recoverable value does not surpass the carrying amounts when depreciation is netted. To estimate impairment, the higher of fair value, less expenditure to sell, and the value in use as calculated by examining risk-adjusted future cash flows are used. An appropriate interest rate is used to discount these estimates. Thus, the future cash flows are intrinsically judgmental (Bragg, Nach & Barry 2009). In the financial statements, the impairment is charged to the cost of sales, which according to the year 2010 annual reports was reflected as follows: 31 million (2010-142 million), R&D 89 million (2010-46 million), SG&A 70 Million (2010-17 million), and incorporating 131 million (2010-57 million) arising from key reform program. Subsequent reviews of impaired assets result in a reversal of impairments (GSK 2010). This is where the conditions that caused the original impairments are no longer applicable. The reversals are attributed to sales costs (Bragg, Nach & Barry 2009). Either the fair value, fewer costs model or value in use are used to assess the recoverable value of other money generating units. The formula of determining value in use is summing up the terminal value of the money generating unit (goodwill allocated) to present the net value of risk-adjusted in the pre-tax cash flows. The impairment test shows the recoverable amounts
Identifying one’s self is a significant part of every individual’s personal and professional life. Professional identity is an important contemporary issue as it is closely connected with the person’s success in the profession and his/her satisfaction with the job. Individuality is based on the features of the particular job and the person’s values and preferences (Tsahuridu para. 1). Every person’s identity is different, but there are some things in common for all individuals: identity is based on what the people think they are and how they percept themselves. Whether it is a creative or a scholarly profession, whether the person deals with machines or communicates with other people, professional identity is vital for reaching the best outcomes from one’s activity and occupying n important place in one’s field. Describing Identity in Sandy McIntosh’s Stories In his book “A Hole in the Ocean,” Sandy McIntosh describes the stories of meeting famous artists, writers, and other people in Hampton, where he was paving his steps as a poet and started building his career. Each of the stories is a representation of a particular person’s world as McIntosh sees it. Each of the people described has a personal identity clearly visible through his or her actions, attitudes, and manner of communication. McIntosh does not agree with all the characters’ decisions, but he expresses understanding and respect towards them. The Narration about Illya Bolotowsky In one of his stories, “Illya Bolotowsky: The Bubble Reputation,” McIntosh depicts the artistic nature of his English literature professor. The author describes Bolotowsky’s identity in three dimensions: his appearance, character, and work. Bolotowsky “always emphasized he was more than” just the professor (McIntosh 50). Having painting for his main occupation, he was also engaged in filmmaking, translating, and writing plays. To his surprise, McIntosh finds out that Bolotowsky has become an amateur plane stunt pilot (McIntosh 50). When the author asks his acquaintance about the reason for taking up the last hobby, he receives an answer that the issue of “uncertainty” raises the price of his paintings (McIntosh 50). Thus, we see Bolotowsky as an active person involved in various activities which enrich his character and creative abilities, but who is not avoid of some commercial interest even if it may cause him harm. This person is ready to do anything to pursue a successful career and is not afraid of experiments. Bolotowsky has a distinguished appearance: McIntosh draws particular attention to his “Cossack-type mustache whose wingspread measured 14,5 inches” (McIntosh 50). The painter’s identity is further revealed through the description of his visit to the author: he begins “his immediate business” (McIntosh 50) and asks McIntosh not to publish his story about their mutual filmmaking. As the story included some unpleasant moment, Bolotowsky worries about his reputation (McIntosh 50-51). Here the selfishness o
Introduction Many scholars have provided different definitions of the word injustice. In this paper, injustice will be defined as the absence of fairness and lack of justice in dealing with issues related to people’s rights; it basically includes violation of people’s rights and unfair treatment of people. This paper will discuss some of the rural injustices in the society as depicted using imagery in the following three short stories: “When I Was in Hsia Village”, “Marriage of Young Blacky,” and “Springs Silkworms.” Rural injustice imagery is an important aspect that these three short stories have used to demonstrate and illustrate some of the prejudices and unreasonable human experiences that take place in the modern Chinese rural societies. In these three stories, the authors have clearly managed to use characters, styles, and major themes to provide clear evidences that there is rural injustice in the society. These writers have used imagery to illustrate the rural injustice that affects the Chinese rural society. Therefore, this paper will demonstrate how rural injustice is depicted in these three short stories using styles, themes, setting, and characters (Shu-li 94). In the story of “Marriage of Young Blacky,” there is rural injustice where Yu Fu’s father lost his temper and beat some young men who had come for his daughter-in-law; indeed, this woman had managed to attract a big number of admirers within a few days. As the big crowd surrounded her with gaity and laughter, Yu Fu’s father thought such behavior was improper, and had to do something to save the situation. Indeed, one day when such a crowd had gathered as usual, he lost his temper and gave the young people a good scolding. This certainly prevented them from coming again, but irritated his daughter-in-law so much that “she cried for a whole day and night, refusing to comb her hair, wash clothes, wash her face, or take any food” (Shu-li 91). This shows that there was injustice as the daughter-in-law was not happy with the beatings given to those young men by Yu Fu’s father. Indeed, she had not complained that those men were a nuisance to her or that she was not interested in them. Another rural injustice is seen in the story where Hsiao Chin’s mother was gossiping with the neighbors and Chin Wang came to Hsiao Chin to kiss her. This is illustrated in Marriage of Young Blacky where one Chin Wang made an impromptu visit to Hsiao Chin’s home, in the absence of her father and mother who were in the fields and neighbor’s residence respectively, and insisted of having a good time with her. Although she resisted, the young man was adamant and tried to blackmail her saying, “Stop acting! You would soften enough if you were with Hsiao Erh-hei. Come on; let me have a go too” (Shu-li 93). This shows how boys were capable of sexual abuse to girls in the rural society. There is also rural injustice where Chin Wang’s father was said to be one of the village farmers who behaved like a tiger, especially due to the alleged tendency to maltreat people in the society when he was a master. The story narrates that, “for a good
Affirmative action is a tool that is used as measure to correct the discrimination practiced in the United States especially on the employment issues. The United States has been using this tool some times on voluntary basis and on other cases on court order basis to reduce discrimination to races, ethnicity, color among other factors used for discrimination when companies are hiring or even promoting employees. Affirmative actions are important within the company policies since they ensure that the companies are able to offer equal employment opportunities to the whole society besides ensuring that the work force is balanced in the organizations. Affirmative action policies ensure that the companies promote social justice and equality and thus giving equal chances to the educated and the elite in the society (Gertrude, 1991, p18). This paper focuses on recommending the affirmative action policies to the company directors as a tool of fairness during hiring and promotions in the companies. Affirmative action ensures that companies hire individuals based on merit and not on the basis of their color, ethnicity, and race among other factors that are used to discriminate against job applicants. This will ensure a balanced work force in the work place by having individuals who are from different backgrounds. The company will therefore have ensured that the minority or the protected minority in the society are given a chance to explore their abilities within the work force. This will ensure that the company has a work force that is culturally diverse coupled with a lot of diversified abilities. Such a workforce will ensure that there are better approaches to problem solving within the company. Most companies today are selling much diversified products and the immediate consumers are multicultural. It is therefore very important for the company directors to realize that it is very crucial as a marketing tool to have a work force that is representative of the whole society if it has to succeed in today’s business world (Thomas, 2004, p36). Companies that have adopted the affirmative action policies have also ensured that they have complied with the different laws on employment. This includes laws such as the Age Discrimination in Employment, Americans with Disabilities Act, Pregnancy Discrimination act, Civic Rights Act of 1991 among other Employment acts (Bohlander, 2007, p129). Compliance with the laws on discrimination will ensure that the companies have maintained good employee relationships and preferences as they are required by the law. Affirmative action has been however challenged that it will result in reversed discrimination against the unprotected within the society (Bohlander, 2007, p128). This should not be basis for not adopting the policies since the company directors will ensure that the policies that are used for hiring are not only focused on one group. The hiring
Introduction Managers play pivotal roles in the success of organisations. To ensure that they have theoretical paradigms, which while applied help them to continue to realise success, a large scholarly body of knowledge has evolved seeking to study and or give insights to the most acceptable roles and functions of managers. In a more interactive way, management refers to “human action, including design, to facilitate the production of useful outcomes from a system” (Gomez-Mejia, Balkin & Cardy 2008, p.20). In the realisation of this goal, managers organise six M’s- men and women, machines, markets, money, methods, and materials such that the M’s operate in harmony in favour of organisational objectives, missions, goals, and aims (Marshall & Stewart 1981, p.177). In this extent, the work of management encompasses utilisation of resources that are available at the disposal of an organisation to aid in the realisation of the objectives of the organisation. Many of the scholars in the field of management contend that the work of management involves tasks such as directing, controlling, organising, monitoring, and motivating among others. Findings indicate that managers have central roles to play in fostering employees’ relations through harnessing their (employees) cultural diversities in an organisation, creating appropriate organisational behaviours that are consistent with an organisations’ missions, objectives and strategic goals, and initiating perspectives of social corporate responsibility in the effort to ensure that all organisations’ stakeholders are satisfied with the organisation. In the execution of these tasks, managers must utilise their knowledge on fundamental functions that they serve within an organisation- controlling, directing, organising, and planning (Hales 1986, p.89). Ensuring that all these functions are integrated within the management body demands the possession of good communication skills. This paper discusses and justifies social corporate responsibility and the nature of management role of communication in management as the most crucial findings in the studies of the management work. Nature of Management Work For any upcoming manager, research findings on the nature of the work of management are important. Investors risk their money in the anticipation of future gains. Due to operational dynamics, investors look for various ways of shifting around their money that is committed to investments in the effort to look for a myriad of ways that would yield optimal returns. Research findings in the field of management reflect applicability of a similar analogy in the evaluation of the work of management. Apart from the investment of energies of the managers in the running of an organisation, they have resources, which include people (employees), materials, and time (Mintzberg 1990, p.172) at their disposal, which they must establish appropriate combinations to yield optimal returns for the investors (shareholders in case of company). Being one of the most important resources that are available to an organisation, managers must not only ensure that they have “the right employees at the right places an
Introduction Maggie and Dee are two sisters who have different relationships with their mother. Maggie and her mother have similar characters while Dee’s character contrasts sharply with those of her mother and sister. The difference between the two sisters’ relationships with their mother is due to their varying education levels. Dee is more educated when compared to her mother and sister. She is also prettier when compared to both of them. As a result, she sees her sister and the mother as inferior to her. The given article highlights the relationships between the mother and her two daughters, Maggie and Dee. Summary The relationship between Maggie and her mother can be considered as a good one. The two of them share many similar traits, which make them close to one another. Secondly, they are not very educated; the mother says that she was not well educated and had to quit school because it was closed down when she was in her second grade. When she asks Maggie to read something to her, Maggie stumbles while reads being an indication that her education level is also very low. She admits herself that she is not bright and not very well knowlegable (Walker and Barbara 26). Both Maggie and her mother are not good looking; she thinks that Maggie is not beautiful enough to get a good husband. She thinks that she is a fat and big-boned woman whose hands are rough like those of man. She compares her skin to that of uncooked pancake (Walker and Barbara 24). She also highlights that she is what her daughter Maggie would like her to be implying that Maggie acknowledges her while Dee does not. On the other hand, the relationship between Dee and her mother cannot be consider good and warm.