Hicklin, a Victorian-era case in which the British court suppressed a lewd pamphlet as a way to protect 'those whose minds are open to such immoral influences and into whose hands a publication of this sort may fall'" (p. 45).
Conclusion

The research showed that there has been increasing attention paid to what is considered legally obscene over the past century and a half, and many of the same factors that controlled the court's decision in the 19th century were incorporated into the controlling precedents set down in the 20th century. The research also showed that simply defining what is legally obscene has been a challenging enterprise because of the standard established in the Roth case concerning how the "average person" would consider such works. In the Age of Information where citizens are bombarded with increasingly lurid images on television and other popular mainstream media, together with the explosive growth in…...

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Works Cited

Black's Law Dictionary. St. Paul, MN: West Publishing Company, 1991.

Hixson, R.F. (1996). Pornography and the Justices: The Supreme Court and the Intractable Obscenity Problem. Carbondale, IL: Southern Illinois University Press.

Kidd, Dustin. (2003). "Mapplethorpe and the New Obscenity." Afterimage, 30(5):6.

Platt, Leah. (2001, August 27). "Not in Front of the Children: 'Indecency,' Censorship, and the Innocence of Youth." The American Prospect 12(15):45.

Contracts
The author of this response is asked to answer to three high-level scenarios, with a few sub-scenarios and questions thrown in. The first one regards a "fine dining" restaurant, the second speaks of distant deal making and the third refers to cover charges and any associated gratuity provisions. These questions will be addressed one at a time.

The first question pertains to a restaurant where the nascent stages of the dinner are started including water, bread/butter and such. However, looking at the menu reveals that the subject cannot afford what is on the menu. The assignment then asks whether the subject has an obligation to pay. The answer would probably be no unless there is a clear and define charge associated with entering the restaurant, taking a sweet or from the water/bread itself. If, instead, something is ordered and no mention is made of payment, it is agreed by reviewing the…...

Wendy Wanderer
Most states have an 'attractive nuisance' clause, which stipulates that homeowners must ensure that their property does not contain 'attractive nuisances' that can encourage children to engage in dangerous behaviors. But an attractive nuisance is usually thought to be a swimming pool that is not fenced in vs. general rubbish. Prior to 2001 Ohio, Vermont, and Maryland were the only states without some version of the "attractive nuisance" doctrine" (Eckner 2013). However, in 2001, the "Ohio Court adopted the Second estatement's version of the 'attractive nuisance' doctrine -- i.e. An owner of land is liable for the death or injury of a trespassing child, limited by the factors of foreseeability and reasonable care The Court in fact went a step further and even extended the doctrine to adult rescuers injured or killed while attempting" to rescue the child (Eckner 2013).

In this case, Paul Pedestrian was not a rescuer although…...

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References

Accountant's duty of care. (2013). Retrieved:

 http://www.shsu.edu/~klett/ACCOUNTANT%20ISSUES.htm 

Eckner, Shannon. (2013). The attractive nuisance doctrine: Safeguard trespassing children and preserve property rights. Retrieved:

 http://grammar.ucsd.edu/courses/lign105/student-powerpoint/Attractive%20Nuisance%20Doctrine.pdf

Ergonomics
Minimum standards for private sector pension plans and health care plans were established under EISA, the Employee etirement Income Security Act of 1974. In addition to the basic provision for pension plans, the Act also requires information sharing and a degree of transparency for participants. For example, EISA mandates the availability of information regarding plan features, funding, and fiduciary responsibilities as well as offering participants information about legal rights related to their pension and health benefit plans ("Employee etirement Income Security Act -- EISA," n.d.). Although the original Act was drafted in 1974, EISA has been largely superseded by amendments, the most recent of which is the Health Insurance Portability and Accountability Act (HIPAA).

EISA does not apply to all Americans, so it is important for Americans to understand whether their situation is covered under its rubric. According to the United States Department of Labor, which oversees EISA and related measures,…...

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References

Development for Professional Employees (2001). The benefits of collective bargaining for professional and technical workers. Retrieved online:

"Employee Retirement Income Security Act -- ERISA," (n.d.). United States Department of Labor. Retrieved online:  http://www.dol.gov/dol/topic/health-plans/erisa.htm 

Hall, M. (2012). Ergonomic Injuries Account for Growing Share of Workplace Injuries. AFL-CIO Now. Retrieved online:  http://www.aflcio.org/Blog/Political-Action-Legislation/Ergonomic-Injuries-Account-for-Growing-Share-of-Workplace-Injuries 

OSHA (2012). Retrieved online:  http://www.osha.gov/SLTC/ergonomics/guidelines.html

Whistleblowing
According to the Whistleblower Protection Act, a federal agency is in violation of the Act if it "takes or fails to take (or threatens to take or fail to take) a personnel action with respect to any employee or applicant because of any disclosure of information by the employee or applicant that he or she reasonably believes evidences a violation of a law, rule or regulation; gross mismanagement; gross waste of funds; an abuse of authority; or a substantial and specific danger to public health or safety" (Whistleblower Protection Act, 2013, EEOC). From an H perspective, in an agency under the provisions of the Act, if an employee has a complaint about the management of the company, it is very important not to ignore it, and the company must be extremely careful to ensure any actions taken against the employee are not viewed as retaliation for his or her candor.

Q2.…...

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References

ADA. (2013). ED.gov. Retrieved:

 http://www2.ed.gov/about/offices/list/ocr/docs/hq9805.html 

Overtime and wage and hour claims. (2013). HR Lawyers. Retrieved:

 http://www.hslawyers.com/practice-areas/employment-law/overtime-and-wage-and-hour-claims/

The assumption here is that ounselor burnout may be heightened as a result of the diversity of students who attend post seondary eduational institutions, and the variety of servies the 2-year postseondary ounselors must provide to these students. This assumption is ongruent with the findings of a study by Wilkerson and Bellini (2006) who advise, "Professional shool ounselors are asked to perform multiple duties as part of their daily work. Some of these duties math the desriptions set forth by national standards for shool ounseling programs, whereas others do not" (p. 440).
Consequently, shool ounselors are required to formulate deisions on a daily basis onerning the best way to perform their jobs (Wilkerson & Bellini). Not surprisingly, many shool ounselors are overwhelmed by these onstantly hanging working onditions and requirements, and a number of ounselors experiene high levels of stress as a result. Beause the onnetion between high levels of…...

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cited in Angerer, 2003). Unfortunately, it would seem that most helping professionals, including counselors, possess characteristics which predisposed them to this construct. For example, Lambie notes that, "Counselors may have increased susceptibility to burnout because of their training to be empathic which is essential to the formation of a therapeutic relationship. In fact, research has found counselor empathy to account for two thirds of the variance in supporting clients' positive behavioral change" (p. 32). The ability to remain empathic to the plights and challenges typically being experienced by students in community colleges is complicated by the enormous diversity that is increasingly characterizing these institutions, of course, but all helping professionals run the risk of becoming burned out while performing their responsibilities by virtue of their empathic sharing. In this regard, Lambie emphasizes that, "Empathy helps counselors understand the client's experience, but at the same time, a counselor may experience the emotional pain of multiple traumatized clients. Empathy is a double-edged sword; it is simultaneously your greatest asset and a point of real vulnerability; therefore, a fundamental skill of effective counselors, being empathic, may place counselors at high risk for burnout" (p. 33).

Citing the alarming results of a national survey of counselors that indicated that incidence may be almost 40%, Lambie also emphasizes that although all professions involve some degree of stress, counselors and other human service providers are at higher risk of burnout compared to other professionals. For example, this author notes that, "Counseling professionals are often in close contact with people who are in pain and distress. This continuous exposure to others' despair, combined with rare opportunities to share the benefits of clients' successes, heightens counselors' risk for burnout" (Lambie, p. 34). Other authorities confirm the incidence of burnout among educators, and cite even higher rates than the foregoing estimate. For instance, Cheek, Bradley and Lan (2003) report that, "Based on several international studies, approximately 60% to 70% of all teachers repeatedly show symptoms of stress, and a minimum of 30% of all educators show distinct symptoms of burnout" (p. 204). Indeed, a study by Lumsden (1998) determined that overall teacher morale was sufficiently severe that fully 40% of the educators who were surveyed indicated they would not choose teaching again as a career, and far more than half (57%) remained undecided at the time concerning ending their teaching career, were actively making plans to leave teaching, or would opt to leave the teaching field in the event a superior opportunity presented itself.

There are some other qualities that typify school counselors that may predispose them to becoming burned out over the course of time (some quicker than others, of course), but which may reasonably be expected to adversely effect the ability of school counselors to maintain their effectiveness in the workplace. For instance, Lambie concludes that, "Common counselor qualities of being selfless (i.e., putting others first), working long hours, and doing whatever it takes to help a client place them at higher susceptibility to burnout. As a result, counselors may themselves need assistance in dealing with the emotional pressures of their work" (p. 34).

Counselors and Characteristics of Burnout

Much

This lack of understanding of the audience is something that should be addressed before anything is ever written for that audience.
Report Writing - Report writing is not really that difficult, but there are some things that should be avoided. Most of the issues that need to be avoided have been mentioned above, but there are other important ones, such as ensuring that a report is technical and therefore does not include personal opinion, contractions, and other writing issues that might be included in a more relaxed piece of work, such as a narrative or personal essay.

Instructions, Narration, Process - This type of writing must be very technical - and very precise. Any time there are instructions or processes that are being addressed, not being clear can be potentially damaging to anyone that would read the document. This is especially true with instruction manuals for items that can cause harm…...

The pizza sizes are 10 inches which is an individual, 12 inches which is a small, 14 inches which is a medium, 16 inches which is a large, 18 inches which is a super, and a 20-inch pizza which is a family size. The family size pizza gets about 37% of all the sales which are $400,000, the 16-inch large comes in second accounting for 20% of pizza revenues, the 10-inch accounts for 18% and the 12-inch accounts for 15% (due to a large weekday lunch crowd) the 18-inch pizza accounts for only 10% and the remaining 5% is sales of the 14-inch pizza. The 20-inch pizza price is $20.25 with just cheese and sausage and the 16-inch cheese and sausage is $16.00 a pizza. Each pizza is priced at a markup of roughly 200% as is the standard for most restaurant food. (IRS, August 2005, NP) pizza menu accounting…...

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Works Cited

Chua, Jess H., James J. Chrisman, and Pramodita Sharma. "Defining the Family Business by Behavior." Entrepreneurship: Theory and Practice 23.4 (1999): 19.

De Kok, Jan M.P., Lorraine M. Uhlaner, and a. Roy Thurik. "Professional HRM Practices in Family Owned-Managed Enterprises." Journal of Small Business Management 44.3 (2006): 441.

Guidry, Flora, James O. Horrigan, and Cathy Craycraft. "CVP Analysis: A New Look." Journal of Managerial Issues 10.1 (1998): 74.

Hicks, Douglas T. "Yes, ABC Is for Small Business Too." Journal of Accountancy 188.2 (1999): 41.

598)
The study concludes that, "These few observations provide a fascinating window into the way in which new dietary regimes can affect neurotransmitter synthesis and thereby influence broad-based activity patterns in the brain" (lumenberg et al. 598).

3. Conclusion

There are many theories about the way that diet affected evolutionary selection in hominids. There is little doubt that diet played a significant role and that brain size is related to a radical change of diet in the distant past. However, what scholars are also at pains to point out is that diet should be seen in conjunction with and in relation to other factors, such as social structure. As Spuhler (1959) states,

The change to a partially carnivorous diet had extremely broad implications for the social organization of early hominoids" (Diet, Evolution, and Culture). Diet and other factors should be considered in the intricate and immensely complex task of attempting to understand our…...

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Bibliography

Dobzhansky, Theodosius. Evolution, Genetics, and Man. New York: John Wiley & Sons, 1955.

Aiello L. And Wheeler P. The Expensive-Tissue Hypothesis: the Brain and the Digestive System in Human and Primate Evolution. Current Anthropology, Vol. 36, No. 2. (Apr., 1995), pp. 199-221. December 2, 2007.  http://links.jstor.org/sici?sici=0011-3204%28199504%2936%3A2%3C199%3ATEHTBA%3E2.0.CO%3B2-9 

Blumenberg B. et al., the Evolution of the Advanced Hominid Brain

Current Anthropology, Vol. 24, No. 5. (Dec., 1983), pp. 589-623. December 1, 2007.  http://links.jstor.org/sici?sici=0011-3204%28198312%2924%3A5%3C589%3ATEOTAH%3E2.0.CO%3B2-W

" Of these respondents, over 50% of them stated that they lack a disaster recovery plan (Anthes, 1998). However, most of the problems stem from the lack of communication at the corporate level. (Hawkins, et al., 2000).
Business Continuity Plans (BCP) and other forms of strategic planning are no longer a luxury, but a must-have factor and an important element of any organisation's risk management system. Organisations are increasingly dependent upon it systems and infrastructure and eventually subjected to many risks, so business is inherently risky. How long can your organisation afford system downtime? How long does it take to recover a disaster; and, what does it cost? These kinds of questions are the ones that have to be addressed for BCPs. Also important, however, is using strategic planning to look toward the future and determine where a business wants to be at a specific point, so that plans to work…...

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References

Theoretical

Bolman, LG & Deal, TE (1997). Reframing Organisations: Artistry, Choice and Leadership, 2nd ed, Jossey-Bass, San Francisco.

Bowden, P (1985). Organisation and Strategy, McGraw-Hill, Roseville.

Byrne, JA. (1996, August 26). Strategic Planning. BusinessWeek.  http://www.businessweek.com/1996/35/b34901.htm .

As activists in women's liberation, discussing and analyzing the oppression and inequalities they experienced as women, they felt it imperative to find out about the lives of their foremothers -- and found very little scholarship in print" (Women's history, 2012, para. 3). This dearth of scholarly is due in large part to the events and themes that are the focus of the historical record. In this regard, "History was written mainly by men and about men's activities in the public sphere -- war, politics, diplomacy and administration. Women are usually excluded and, when mentioned, are usually portrayed in sex-stereotypical roles, such as wives, mothers, daughters and mistresses. History is value-laden in regard to what is considered historically 'worthy'" (Women's history, 2012, para. 3).
In what Kessler (1994, p. 139) describes as "the all-too-common historical exclusion or devaluation of women's contributions," the male-dominated record of human history has either diminished the…...

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References

American Health Information Management Association. (2012). Wikipedia. Retrieved from  

Beauty Product Analysis
The Hidden Dangers of Beauty Products

Whether people realize it or not, they are constantly being bombarded by pollutants in their environment and through the cosmetic and other personal beauty products. Through product reformulations, the products we use on a daily basis have the power to pollute our bodies on an increasing basis. However, cosmetic toxicity is nothing new to the industry. Ancient Egyptians were poisoned by their lead-based makeup and women in Elizabethan times were poisoned by their arsenic-laced cosmetics (Barczac, 1995). Because skin is highly permeable, "less than one-tenth of an inch thick, skin is a porous membrane that is highly sensitive to toxic chemicals. What we put on our skin affects our health just as much as, if not more than, what we put in our mouths" (Epstein, 2013). Through an analysis of the product's one uses on a daily basis, one can begin to understand…...

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References

Barczac, C. (1995, Summer). The hazards of cosmetics. AEHA Quarterly. Retrieved 22 March

2013, from  http://www.environmentalhealth.ca/summer95cosmetic.html 

Epstein, S.S., M.D. (2013). Major risks from cosmetics and personal care products. Dr. Frank

Lipman: The Voice of Sustainable Wellness. Retrieved 22 March 2013, from  http://www.drfranklipman.com/risks-from-toxic-ingredients-in-cosmetics-personal-care-products/

"
The determination for marketable security with respect to disproportionate distribution is accomplished by reducing the amount of marketable securities that is treated as money using the following steps:

1. The excess of the partner's share of net gain that would be recognized if all securities of the type distributed held by the partnership immediately before the transaction were sold at fair market value over

2. The partner's share of gain that would be taken into account if the securities held by the partnership immediately after the transaction were sold.

While the term "marketable securities" includes interests in actively traded precious metals and other financial instruments that are set forth in the applicable IRC code and regulations, there are some exceptions to this provision, though, and it does not apply in three specific situations as noted below:

1. Contributed by partner. If the security itself was contributed to the partnership by the distributee-partner, the provision…...

(Vander Ploeg, 2003)
Key findings stated in the report of Vander Ploeg include the following:

Unlike the overall indications of municipal infrastructure needs, which identify water and wastewater infrastructure as having the greatest investment needs, western cities biggest needs exist in the transportation sector. In each of the cities except Vancouver, roads, bridges, interchanges, sidewalks and public transit make up at least half of the annual infrastructure deficit;

This may be related to the relative youth of western Canadian cities with respect to their eastern counterparts, and suggests that maintenance and repair of existing systems should remain a priority in order to prolong the useful lifespan of water delivery systems and sewers;

Also, environmental services in most western cities are self-financed through user fees, which makes it much easier to finance infrastructure improvements to municipal utilities as opposed to general infrastructure which relies on the tax base for funding. Western cities are also…...

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Bibliography

AMO Welcomes Joint Review of Municipal Fiscal and Service Delivery in Ontario (2006) Association of Municipalities of Ontario. 14 Aug 2006.

Mirza, Saeed M. & Haider, Murtaza (2003) the State of Infrastructure in Canada: Implications for Infrastructure Planning and Policy," a study prepared for Infrastructure Canada, 2003

TD Bank Financial Group (2003) a Choice Between Investing in Canada's Cities and Disinvesting in Canada's Future April 2002.

L'union des Municipalites du Quebec and the Conference Board of Canada (2003) La situation fiscale des municipalities du Quebec," May 2003.

Trade Act of 1974 on Euro exchange rates?
Free Trade has been a key agenda for the past three presidents. In an expanding global market, tariffs and trade policies are more important today than they have been in the past. More and more countries are forming alliances such as the North American Free Trade Agreement (NAFTA), the Asian Alliance, and the European Union (EU). These trade agreements are meant to level the playing for all countries, both industrialized and emerging countries.

President Bush's trade policy is aimed at helping to generate American jobs, open markets to American products, and provide economic growth. Sometimes massive increases in imports can have a devastating effect on U.S. industries. [This has been the case for the U.S. steel Industry and is the issue addressed in Section 203 (B) (1) of the Trade Act of 1974. Foreign steel makers have had the luxury of government support…...

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Works Cited

Arnold, James. Steel sector stares into the abyss. BBC News.com. March 6, 2002.

  Accessed April,http://news.bbc.co.uk/hi/english/business/newsid_1857000/1857914.stm .

2002

Arnold, James. Steel spat could mean wider worries. BBC News.com. March 6, 2002.