Response

this assignment is a respond to Michael McCants report below.

Requirement:
submit at least 3 replies that are 300–600 words in response to other classmates’ threads. In each reply, indicate whether you agree with the other classmates’ opinions, why their assessment of the situation is or is not accurate, why the original posting is or is not in agreement with your assessment of the situation, and what should be done differently. For each thread and each reply, you must support your assertions with at least 3 outside sources (other than the text and course materials) and cited in current APA format. Acceptable sources include: books, legal cases, articles, the Bible, etc. Sources should be more substantial than basic internet dictionaries.

Michael Report on Property
The property issues that Barney is currently facing seems a little extreme and one would wonder why he would have moved away from Mayberry, but nonetheless, Barney is facing a couple of different situations that need to be addressed. The different issues of the mountain property, the beach property and the vehicle will be addressed in separately and independent of each other.

Mountain Property – Foreclosure

Barney’s claim to the land being “sole owner” of the land in North Carolina is not valid. According to North Carolina’s General Statues chapter 31 entitled Wills:

Any testator, by the testator’s a will duly executed, may devise or dispose of all real and personal property which the testator shall be entitled to at the time of the testator’s death, if not devised or disposed of, would descent or devolve upon the testator’s heirs at law… (NC General Statues Ch. 31-40)

In addition, in Chapter 41 of the North Carolina General Statues also state:

Except as otherwise provided herein, in all estates, real or personal, held in joint tenancy, the part of share of any tenant dying shall not descend or go to the surviving tenant, but shall descent or be vested in the heirs… (NC General Statues Ch.41-2)

Therefore, even though Barney had the “right of survivorship”, the portion of the land that was owned by Andy still went to Opie. After Opie defaulted on the loan, the bank had every right to foreclose on the property and therefore Barney, to get the property out of foreclosure, needs to pay the bank the money that is owed to them. The good news, now that the bank owns Opie’s part of the land, as soon as Barney pays the debt on the land, he would become the sole owner of the land, by virtue of documentation.

Mountain Property – Ernest’s Claim to the land

Now that we have determined that Barney, would be the owner of the property once he pays the bank, the fact of dealing with Ernest is the next topic. Ernest has been living on the land “openly and notoriously” for 20+ years. Based on a case dealing with adverse possession, a person that is living on the land in an “actual, open, hostile, exclusive and continuous” (Dayton, 2006) manner is able to take ownership of the land. However, the fact that Ernest didn’t show any hostility until very recently, the case for the hostility part would disappear and history shows that the plaintiff, Barney in this case, would be awarded ownership of the property (Pegg V. Jones, 2007).

Beach Property – Eminent Domain

The Fifth Amendment to the Constitution says ‘nor shall private property be taken for public use, without just compensation.’ This is a tacit recognition of a preexisting power to take private property for public use, rather [329 U.S. 230, 242] than a grant of new power. It imposes on the Federal Government the obligation to pay just compensation when it takes another’s property for public use in accordance with the federal sovereign power to appropriate it. (U.S. v. Carmack, 1946)

The Fifth Amendment is very clear that is being for “public use”. A Nickelodeon Family Resort would not be considered a “public use”, but rather a private property that is owned by Nickelodeon. However, in the case of Poletown Neighborhood Council v. City of Detroit, Michigan allowed the property to be taken by General motors because “the public would benefit from the economic revitalization a new plant would bring to the community” (Poletown Neighborhood Council v. City of Detroit, 1981). If the town authorities could prove that the new resort would bring enough economic growth to the area, the local government can seize the beach house, as long as Barney was compensated at the fair market value.

Vehicle – Theft

The theft of Barney’s vehicle by “Carl” is tragic. If the case were to end here, then Barney would only need to contact his insurance company and claim the theft of the vehicle to recover from the loss. It would not be recommended that Barney try a civil suit against Le Nez as the evidence against Le Nez is circumstantial at best (Romano, 1999). Barney didn’t previously know Carl, therefore the person that took the car could have obtained a uniform and falsely presented himself as Carl. The fact that Le Nez did have a previous employee named Carl, and the fact that he recently quit is circumstantial. Therefore, it would not be recommended that Barney try any case against Le Nez.

Vehicle – Recovery of stolen property

The fact that the car was found 3 weeks later at a classic car show is amazing, but nonetheless still tragic. The circumstances in which the car arrived there, in summary, is the car was stolen, taken to a used car lot, where it was traded for a 1967 Mustang, and then later sold to the person that is now in control of the car. According to the Good Faith Purchasers for Value, the current controller of the car, the person that has it at the car show and had bought it for $5,600, is now the legal owner of the car. This assertion is made based on the Uniform Commercial Code 2-403 in which it states “When goods have been delivered under a transaction of purchase the purchaser has such power even though …the delivery was procured through fraud punishable as larcenous under the criminal law” (U.C.C. § 2-403).

Summary and Spiritual Perspective

To summarize, Barney legally would be entitled to the mountain property, he would lose the beach property but would get fair market value for it, and he would lose his vehicle, but insurance should take care of him. The only issue outstanding is the fact that Ernest is still living on the mountain property. The Bible tells us “So whatever you wish that others would do to you, do also to them, for this is the Law and the Prophets” (Matthew 7:12, ESV). This verse would mean that Ernest has been living on the land for more than 20 years and has done no other harm to Barney. Barney has not been on or near the property for more than 20 years. Would it really be worth going to court over a property that Barney hasn’t been on in over 20 years and has no interest in moving to? I would suggest that Barney take a moment and contact Ernest and try to strike a deal with him. Barney’s only interest in the land is the creek. To make Barney whole, one could argue that if Ernest were to pay for the bank fees to get it out of foreclosure and pay 25% of the fair market value, then Ernest could then be deeded the property, with the caveat that Barney be allowed on the land from time to time to go fishing. This would not only make Barney whole again, it would legally transfer ownership of the property to Ernest and may save a friendship. Therefore, that would be showing that one person, living a Christian life, could still follow the law, be made whole, and still be showing love towards one another.

football managers

Should football managers be sacked when results (on the field) are poor? What does your answer tell you about how we should view leadership in other organisations

With regard to the above title and making use of a range of resources please provide a critical discussion of the arguments for and against sacking unsuccessful managers both inside and outside sporting organisations. Please provide some insight into the epistemological models that you are engaging with when making your argument

How might engagement with other models have changed the course of your discussion?
In developing your work you should use a range of sources including, but not restricted to, the ones below:
De Dios Tena, J and Forrest, D (2007) Within-season dismissal of football coaches: Statistical analysis of causes and consequences. European Journal of Operational Research. Vol 181 (1): 362-373
Arnulf, JK; Mathisen, JE and Hærem, T (2012) Heroic leadership illusions in football teams: Rationality, decision making and noise-signal ratio in the firing of football managers. Leadership Vol 8(2): 169-185
Barnes, H (2013) Does it make statistical sense to sack a football manager? http://www.bbc.co.uk/news/magazine-23724517
Kulper, S (2013) Arsène’s Austerity: Has football’s economist got it wrong when it comes to the game’s finances? (See Financial Times January 25th on-line through the library).

Failure Analysis

Select a business that failed and one that succeeded within the last 5 years.

Failed Business – Blockbuster
Successful Business – Apple

Identify each organization’s objectives, vision, and mission.

Determine the indicators of the business failure and success from research. These may include aspects of the leadership style, communication, structure, and so forth.

Describe how specific organizational behavior theories could have predicted or explained the company’s failure or success.

Describe the role of leadership, management, organizational structure, and the culture of the organization and its departments in the failure and success of the businesses.

Literary Analysis

Support your claim(s) about the text with examples and details from the poem or story.
There are several ways to analyze a work of literature. Two of the most common are below:
1. A formal approach–which examines one (or more) of the literary elements in a work and explains how it relates to the whole, thus contributing to a text’s overall meaning or significance. Possible elements to consider include plot, character, theme, setting, conflict, structure, point of view, genre, style, tone, imagery, symbolism, irony, narrator, foreshadowing, paradox, allusion, metaphor, rhythm, rhyme, etc.
2. A critical approach–which examines a work by relating it to the historical, social, cultural, or political situations in which it was written to show how the author was influenced by personal experiences, events, prevailing attitudes, or contemporary values.
Each of these approaches requires careful reading of the primary text, as well as a debatable claim that will need to be supported or “proved” with evidence (direct references, quotations) from the text. Remember, writing about literature is a way to broaden your own understanding and to share your own reading experience. While the second option (a critical approach) will obviously involve some background reading, you should not be going to outside sources with the idea of creating a “cut and pasted” paper of others’ ideas. Your primary concern for either approach should be an examination of the work of literature you selected.

Your essays should be in MLA Style and approximately 3-4 pages (not including the Works Cited page). In the upper left-hand corner of the paper, place your name, the professor’s name, the course name, and the due date for the assignment on consecutive lines. Double space your information from your name onward, and don’t forget a title. All papers should be in Times New Roman font with 12-point type with one-inch margins all the way around your paper. All paragraph indentations should be indented five spaces (use the tab key) from the left margin. All work is to be left justified. When quoting lines in literature, please research the proper way to cite short stories, plays, or poems.

As with most academic writing, this essay should be written in third person. Please avoid both first person (I, we, our, etc.) and second person (you, your).

LANGSTON HUGHES
Song for a Dark Girl
Way Down South in Dixie
(Break the heart of me)
They hung my black young lover
To a cross roads tree.
Way Down South in Dixie 5
(Bruised body high in air)
I asked the white Lord Jesus
What was the use of prayer.
Way down South in Dixie
(Break the heart of me) 10
Love is a naked shadow
On a gnarled and naked tree.
1927

APUS Assignment
Rubric
Lower Level U/G
100-200 Courses EXEMPLARY LEVEL

A
18-20 ACCOMPLISHED
LEVEL

B
16-17 DEVELOPING
LEVEL

C
14-15 BEGINNING
LEVEL

D
11-13 Points Earned

Purpose and Audience
(20 Points)

The writing engages the reader with an original approach to the subject. It may encompass conflicting ideas and inspires the reader to contemplate the relationship of complex ideas. The writing clearly goes beyond the minimum requirements of the assignment. It attempts to engage the reader through originality and presentation of complex ideas. The writing meets the minimum requirements of the assignment. It offers insight into the subject through basic logic and the presentation of ideas based on some evidence. The writing fails to meet the minimum requirements of the assignment. It offers little insight into the subject and has serious flaws in logic and omissions in evidence. /20

Thesis and Support
(20 Points)

The writing has a clearly articulated original thesis and subordinate ideas supported by reliable and relevant evidence based on original research. Main ideas are not lost in surrounding supporting evidence. The writing has a clearly articulated thesis supported by appropriate evidence and sound logic. Minor gaps in logic and argument may appear. Main ideas can be distinguished from supporting evidence with some effort. The writing has a clear thesis and related subordinate ideas supported by clear thinking and appropriate evidence. Logical arguments may be one-sided or incomplete. The writing may need a more clearly articulated thesis and/or appropriate related subordinate ideas. Fuzzy logic may be evident and adequate supporting evidence is lacking. /20

Organization
(20 Points)

The writing flows smoothly and logically from a well-defined thesis. It contains an appropriate introduction, conclusion, and smooth transitions. The writing is organized logically and flows well. An introduction and conclusion are evident, but transitions may be smoother. The writing demonstrates rudimentary organization and logical structure, but ideas may be more fully developed and supported by more appropriate evidence. The writing is noticeably lacking in organization. There is no clear introduction nor conclusion and ideas are neither carefully nor fully developed. Supporting evidence is clearly lacking. /20

Style
(10 Points)

The writing engages the reader through an original prose style appropriate to the subject. Language is precise. Sentences are varied but not noticeably so. Active voice is apparent. All quoted or paraphrased material is properly documented and cited in MLA style. Annotations are included, when appropriate. The writing keeps the reader’s attention through a carefully crafted prose style. Language chosen is appropriate to the subject, but may call attention to itself in minor ways. Most quoted and paraphrased material is properly documented and cited in MLA style. Annotations are included, when appropriate. The writing is clear but could be expressed in a style more appropriate to the subject. It is jargon-free but may require a more complete explanation of some terms used. Sources are documented and cited but need to show greater consistency in use of MLA style. Annotations missing or completed incorrectly. The writing lacks clarity and is sometimes confusing. The language chosen is not appropriate to the subject nor the assignment. Sources are overly quoted or paraphrased and not adequately documented nor cited in MLA style. Annotations missing. /10

Grammar and Mechanics
(20 Points)

The writing is free of proofreading errors. The writing contains sentences that are always complete and grammatically correct, and free of confusion and ambiguity.
The writing may exhibit a few minor errors in proofreading, but they do not impair the flow of the reading. The writing contains sentences that are complete or which imply unstated connections and/or conclusions. The writing could benefit from additional proofreading, as some errors impede the flow of the reading. The writing contains some grammatical errors easily corrected. Additional proofreading would help eliminate errors. The writing exhibits substantial errors in proofreading. The writing is confusing and ambiguous owing to substantial errors of grammar and syntax. There is no evidence of proofreading, editing, or rewriting. /20

Formatting
(10 Points)

Student provides a high-caliber, formatted assignment in proper MLA style. Assignment presents an above-average use of formatting skills with few errors in MLA style. Appearance of final assignment demonstrates the student’s limited ability to use MLA style formatting. Appearance of the final assignment is distracting. The number of MLA style formatting errors impedes easy reading. /10

Health care in long term care settings

Write a 4-page paper in which you:
• Explain why quality and patient safety are important in long term heath care settings
• Identify the key challenges regarding quality and/or patient safety for long-term health care settings.
• Describe three or four strategies for improving and assuring quality and patient safety in long-term healthcare settings, and explain why you chose these strategies.
• Describe the accreditation, licensure, or oversight for long-term health care settings, and explain the process or criteria used.

Bayeux Tapestry Experience

Bayeux Tapestry Experience. Letter. Imagine yourself as one of the figures in the battle depicted in the Bayeux Tapestry; in a letter home, you describe your experience to your family.
(1) Write a first-person account of this historical event from the perspective of one of the figures in tapestry.
(2) Use your senses to describe your impression of the event.
(3) Describe specific elements of the scene such as uniforms, weaponry, fighting styles, etc.
(4) Explain why you believe your side was justified in participating in the battle and how you would like the battle to be remembered

For the topic you choose:
1. Support your ideas with specific, illustrative examples. If there are questions or points associated with your chosen topic, be sure to answer all of the listed questions and address all of the items in that topic. If your topic requires you to do several things related to the topic, be sure to do each of the things listed.
2. While some of the topics tend to lend themselves toward particular writing genres, you are not restricted to the specific format suggested for the individual topic. For example, you may do an “interview,” a “proposal,” a “letter,” a “short story,” a “blog,” an “essay,” an “article,” or any other written genre for almost any of the topics. The project is intended to be fun as well as informative, so feel free to be creative with the delivery of your information.
3. Use at least two (2) sources besides the textbook, which counts as one (1) source

WORLD WAR II

America reacted to this war in a similar manner she did to World War I- neutrality. How was the US manipulated from this position toward participation in the war? What events lead up to the war in Europe and why were we dragged into it? Include the following in your answer: Pearl Harbor, Blitzkreig, Lend-Lease, Kamikaze, Yalta Conference, Unconditional Surrender. Also evaluate the decision of Harry Truman to drop the atomic bomb. Read Chapters 25 and 26 before you tackle this essay.(BOOK: “The American Promise – A Compact History 1865 by Roark)

Media Analysis

Assignment 3: Media Analysis

Media Analysis: The Politics of Representation: Cultural Memory or Cultural History

Weight: 30 % of your final grade

Length: 2,500 to 3,500 words

We live in an era dominated by images; we receive “sudden, accelerated, sustained blasts of media messages–visual and in print–that rapidly enforce the narrative and truncate alternative opinion” (Toni Morrison, 1997, p. xiv). The media is a key pedagogical device and has long been a key site of cultural studies analyses. In this context, the emphasis on representation and ideology is grounded in the belief that one of the ways in which social power is negotiated is through the struggle over the kinds of images, ideas, and narratives through which the social world is understood and discussed. Please select one print media article from the news (from between 2009 and the present) that is related to the unit themes (that is, the environment, globalization, and so on) and identify and examine the discourses that are conveyed. Construct a cultural critique first by identifying the dominant narratives/ideas/images and second by discussing the importance of the particular framings that are presented. Discuss how certain meanings are privileged by their presence and their absence; focus your analysis on categories such as race, gender, and so on. Conclude your essay by referring briefly to the broader context in which the narratives/images appear, whether it be political, social, national, and/or international. Your essay will be evaluated on both clarity and complexity and should include a thesis, sections in the body of your essay supporting your position with reference to course materials, and a conclusion. See “Assignment Grading Criteria” in the Course Information Moodle book for more information and the ‘Essay Research and Writing’ links provided on the home page for help in crafting your thesis.

When you submit your assignment, please make sure to include a link to the article you have chosen.

You are to use three of the required readings and one outside academic source (that is, a journal, a book, or a chapter from an edited collection).

Before you begin this assignment, please review the “Academic Integrity” section in the online Student Manual.

Organisation Analysis: Organic and Mechanistic

QUESTION:
The post-bureaucratic organisation (see Grey, 2009, pp. 85-89) is one in which everyone takes responsibility for the success of the whole. Discuss the significance of such an approach within current organisational environments, making reference to the Organic and Mechanistic perspectives.