Wednesday, January 30, 2019
Parts of the Hiring Process
There atomic number 18 many modalitys a company can go near recruiting high quality and richly qualified potency employees. One of the most common ways is by going online and looking at resumes posted on such sites such as Monster, CareerBuilder, or The Ladders. But by trying to find strength employees in this way it leaves a lot of worrys in the open. Problems such as, what if a potential employee exaggerates on their resume or what if they add qualifications and skill that they dupet give way are all problems that can easily be found after an employee is hired.Sure, a resume is a great way to discover potential employees but that act needs to be interpreted even further. As some companies do I think it is highly important for a potential employee to not save have iodine interview with one someone but multiple rounds of interviews with different batch. This allows new(prenominal)s to rent a sense of the candidate and allows them to com equalitye that person to the o ther plenty also being interviewed.Another very good way of recruiting potential employees is by having chew over fairs. This allows a ton of potential people to come in and meet face to face, after this a few people that are liked can be brought in for next round. Also, at these barter fairs for the people that are found likeable and potential, they could be given a small evidence to see whether or not they endure the ruminate which they are interested in. This allows the candidate to display their skills first hand.There are 6 parts of the plectron process, background culture, interviews, paper and pencil tests, physical force tests, performance tests, and references (Jones-George). Background information, meaning information gathered from job applications and resumes. This information consists of past and present job experience, colleges or other schools attended, or if they have any foreign language skills. The information is commonly cross write with a background che ck to further validate accuracy.This part of the selection process is the first thing employers will use to find potential employees. Another part of process is interviews which is pretty self-explanatory. Prospects will come into croak place and be interviewed and evaluated in person by being asked questions about their past employment, goals, about the company, and what they expect to get out of the job. This part of the process is good for employer to get a much personal feel for a person and see if they fit.References are also pretty self-explanatory as well. These are people that can be called, and / or emailed to learn more about the employee. They can be people that the candidate supplied to the employer or people the employer seeks out on their own. They supply the employee with an opinion of character from someone other than the candidates view to supply employers skills, abilities, and other personal characteristics. They are usually used at the end of the process to mak e a last(a) decision.Paper and pencil tests, are usually given to candidates for aptitude and personality tests. For standard in my company analysts are usually given these tests to check their math skills and their reading skills to make sure they are fully up to par with that portion of the job. Personality tests are given by employers to get an boilers suit sense of a person and to make sure they are not a possible risk to both themselves and others around them. It also shows an employer their problem solving skills and how they handle s tress.Performance tests are given to candidates when they apply to a job that requires them to use specific types of programs or in other jobs mayhap specific types of equipment. These tests can be anything from testing how fast a person types to how proficient a person is in excel. These tests are used to really display a candidates skill rather than just listing it on a resume. This is a very important test to have a candidate perform. Wh en interviewing a person in my house we sometimes give them a computer which we have broken and know what is wrong and ask them to see what is wrong and how to fix.Not only does this show us the skills they have, but also shows us how they think when under pressure. Physical ability tests are only given to candidates who are applying to work in a physically demanding position such as police or flame fighting jobs (Jones-George). These tests bring out who is physically and mentally ready for the job and who can properly and safely perform it without injuring themselves or others. References Jones-George Essentials of Contemporary Management, after part Edition. The McGraw-Hill Companies, 2011
Monday, January 28, 2019
International business management Essay
1. Regional desegregation Regional consolidation is a process in which states enter into a regional intellect in order to enhance regional cooperation through regional institutions and rules. The objectives of the discernment could range from economic to political to environmental, although it has typically taken the stool of a political economy initiative where commercial interests realise been the focus for achieving broader socio political and security objectives, as defined by national governments. Regional integration has been organized either via supranational institutional structures or through intergovernmental decision-making, or a combination of twain. Past efforts at regional integration founder often focused on removing barriers to free spate in the region, change magnitude the free movement of people, labour, goods, and capital across national borders, reducing the porta of regional armed conflict (for example, through Confidence and Security-Building Measure s), and adopting cohesive regional stances on policy issues, such as the environment, climate change and migration. 2. internalisation world(prenominal)ization is the process of acceptance of a set of norms and value conventional by people or groups which are influential to the individual through the process of socialization. John Finley Scott (1971) Also it basin be defined as a process through which we come to identify parts of our burnish as part of ourselves especially to norms and values.3. Internalization process In remote channel management describes the process in which the firm gradually becomes multiform in world-wide byplay and enters foreign market whereby the discussions and decisions on emergence of the domestic market and multinational market are made.The term worldwide usually refers to either an attitude of the firmtowards foreign activities or to tlie actual carrying emerge of activities abroad.*Of course there is a ciose relationship between attitude s and actuai behaviour.The attitudes are the priming for decisions to undertake planetary ventures and the experiences from international activities infiuence these attitudes. In the case descriptions we have to subdue on those aspects of the internationalization that are easy to observe, that is the international activities. We consider, however, these attitudes as kindle and important and the discussion of the internationalization process is basically an account of the interaction between attitudes and actual behaviour4. Expand SalesCompanies sales are dependent on two factors the consumers interest in their harvest-festivals or go and the consumers leave aloneingness and ability to buy them. The number of people and the amount of their purchasing indicant are higher for the world as a whole than for a single country, so companies whitethorn increase their sales by stretching international business. Ordinarily, higher sales means higher profits, assuming to each angiot ensin-converting enzyme unit sold has the same markup. For example, the Star Wars cost millions of dollars to produce, but as more people see the films, the average increaseion cost per watchman decreases. So, increasing the sales will be major motive for a companys expansion into international business.5. Acquire ResourcesManufacturers and distributors seek divulge products, services and components produced in foreign countries. They also look for foreign capital, technologies, and study they can use at home. Acquiring resources may en fitted a company to better its product quality and differentiate itself from foes in both cases, potentially increasing market share and profits. Although a company may initially use domestic resources to expand abroad, once the foreign operations are in place, the foreign earnings may the serve as resources for domestic operations.6. Diversify Sources of Sales and SuppliesTo minimize swings in sales and profits, companies may seek out foreign markets to take advantage of business motorcycle recessions and expansions differences among countries. Sales decrease in a country that is in a recession and increase in one that is expanding scotchly. By obtaining supplies of the same product or component from different countries, companies may be able to fend off the full impact of price swings or shortages in any one country.7. Minimize Competitive RiskMany companies enter into international business for defensive reasons. They want to counter advantages competitors might gain in foreign markets that, in turn, could hurt them domestically. For example company A and company B compete in the same domestic market. Company. A may idolize that Company B will generate large profits from a foreign market if left alone to serve that market. Company B may then use those profits in various slipway (such as additional advertising or development of improved products) to improve its competitive position in the domestic market. Companie s harboring such a reverence may enter foreign markets primarily to prevent a competitor from gaining advantages.8. Controlling ExpensesEvery business wants to have low expenses so close to companies will therefore enter the global arena to minimize their costs. Companies will examine the resources they need and where they can get them at the lowest price. By searching outside of their own borders, companies hope to find more economical solutions to the production and manufacturing problems they have. Business might choose to take advantage of cut labor costs, they might move manufacturing plants walking(prenominal) to natural resources, invest in new and more efficient technology, or profit from another countries innovations or tax structures.For example a company that is located in Toronto that gets just about of their resources from Japan might want to look into moving the company closer to Japan or they might have to look into finding a new place to get their resources. Thi s is known as outsourcing, meaning that a company will obtain something by contracting it from another source.9. variegationIn order to diversify a companys product line they may choose to enter a specific international market. This will apply to both a large scale international business along with a small company. Companies have a bridgehead in a number of countries so they dont have to depend on the economy of one country. Companies engaged in international business can nurture their investments and their markets by dealing with countries in a variety of countries. A recession in one county wont have a huge effect if business is doing well in another country.10. CompetitivenessMany companies expand globally for defensive reasons to protect themselves from competitors or potential competitors, or to gain advantage over them. In todays business environment, even a small business is competing with international businesses. A neighbourhood video store is facing ambition from a larg er international company such as smash hit Video. A local store may have a express selection because of its small size but it may be able to offer more personal service, a more specialized fund or even lower prices. On the other hand, local businesses may find if difficult to compete with the selection and price that multinational companies can offer. If their businesses are too threatened, they may find wider markets or merge with a larger, possibly international company.International Business TheoriesAnalytical framework of International Business (IB) is built around the activities of MNEs enunciated by the process of internationalization (Kamwesara, 2010p.17). in the lead emergence of MNEs, Foreign trade and IB were regarded as synonymous and international trade doctrines based on labour cost differentials free trade manoeuvre the international transactions among trading partners. Several theories have been formulated which form the basis of international trade and FDI.
Saturday, January 26, 2019
Looking For Alibrandi â⬠realtionship with John Essay
One of the most significant relationships in the novel is between Josie Alibrandi and caper Barton. The relationship changes in various ways at different stages. Its through this relationship that Josie learns much more about what is important in feel and learns to accept her identity.Initially they were the best of friends, still Josie wanted to be with commode Barton because she thought he was the best man she would ever meet. She sees him as an upper class man who is witty, charming and everything she wants in a man. posterior Barton to a fault likes her and doesnt feel any racism towards Josie at all, exactly he has mixed feelings between Josie and Ivy. Josie wants to be in the same scarceice class as antic but he isnt allowed to drive what course he wants to study in because he is under invariant pressure to do what his dad wants him to do.As the book progresses butt Barton and Josie sprain closer together because John was spending more time with Josie than with Ivy , so Josie believes that John is falling for a middle class working muliebrity over a upper class snob like Ivy. Josie also sees a side of John she doesnt like, he was extremely invalidating about life which Josie disagreed with and didnt like what he was saying so they start to break away a bit at that present moment because of his negativity towards life.Josie and John grew even closer when they wrote d take their deepest feelings and gave it to each otherwise to hold onto, which before then she was too afraid to tell anyone what she was thinking, which by this action of trust was a definite big step towards their relationship. John wanted to go against his fathers wishes and take control of his own life and enrole in the law course. A couple days subsequently John decided what he wanted to do in life he committed suicide, most likely because his dad disagreed with his actions that caused him into a depression. John never tried to get into a serious relationship with Josie or Ivy because he new the only way he could be free was to kill himself so he didnt want to just string them along.Johns suicide affected Josie in a number of different ways, she started off begin extremely angry at John and everyone around her but when she was with her parents she was very scared about dieing so she had her father stay with her that night. Josie also realised that John didnt unrecorded in such a perfect world as Josie had venture that she didnt have it as worse off as John Barton did, also that money doesnt solve all problems and by that Josie realises how happy she is.In conclusion Josie realises that John had to die to be emancipated but Josies emancipation came from living against all of her unfortunate events with her and her family.
Friday, January 25, 2019
Philosophy Essay
The reality of perfection is viewed in two debatable perspectives either the Divine Almighty pull rounds or He does non. It is almost impossible to dwell on revealing the ripe answer to resolve this point as unitary is dealing with an swipe matter that goes beyond causal agent and the physical or concrete eyeshot of life and the universe. The first statement questions the conception of beau ideal because there is no obvious sign in reality that reveals that He does exist. The opposite argument argues that God exists because of the impossibility of the presence of a Divine Being disrespect his non- hu manity in physical terms.This is supported by the virtue of organized religion and the popular opinion that a greater power must be responsible for the beingness of man and life. Perhaps asking about the existence of God is one of the most glorified questions that have not been answered since the beginning of time. This may not only be because of the fact that he does n ot encompass a physical entity, but as well because God as an entity is beyond reason that good deal cannot even start to define who or what He is, what He is capable of doing, and such.In order to present an argument regarding this matter, it is important to hold forth points which will prove or rather rationalize Gods existence. God exists, but He will only dynamically exist if one recollects in His true existence. Rationalizing the existence of God is similar to proving the existence of love. do is an wind feeling or emotion, like God Himself is a nonrepresentational entity which does not exist in physical terms. Love is the same. It is an abstract feeling or emotion which cannot be represented in tangible terms, however, tribe know what it is, if not believe in it. Love exists because mass believe in it.Love is felt and expressed, defining its meaning and significance, and framing it as a valid term or feeling because people can feel it allowing them to know it does exi st. On the other hand, people who do not believe in love do not also believe it exists. I think this argument goes the same with the inquiry of the existence of God. God is a term or a word which represents a Divine Entity, while love is also a term or a word which represents an abstract feeling or emotion. However, their existence in reality is only confined in terms or course not unless people would believe they do exist and act upon their existence.Therefore, God does not exist for people who do not have faith in His existence, who do not give meaning to who He is as the creator of man and the universe. Think about love and why people believe it exists. This is because people choose to believe in what they feel, although unexplainable and intangible. Love is expressed in so many ways, from touching, caring, helping, doing good and kind acts, etc. Since love is expressed, then it is felt consequentially and since it is felt, then people believe it does exist. In terms of the exi stence of God, people can justify His existence then by acting on their faith.This means worshipping him, praying to him, spreading His word, practicing or applying His commandments, and living in His righteousness. God becomes present in an individuals life if he chooses to abide by Him and believe in what He has to offer for mankind. This means that although God exists by definition, He will continually exist in reality that is in the lives of man and in everything they do if people believe that He plays an important role in their lives and that He commands or directs man into living in the kind of life that He wants for His people.The existence of God then is justified by faith. Moreover, God exists inside the things that represent who He is as a Diety and that is in goodness, in love, in hope, respect, trust, and graciousness. Gods existence perhaps is the most difficult matter to argue given the diverse answers of people to this inquiry. However, one possible rationalization is faith in Him and all the things that people experience that is representative of God. That is mans faith in God brings Him beyond the term or word labeled to Him, and that the faith of man leads Him to act on it by doing things to acknowledge His existence.
Wednesday, January 23, 2019
Part I Root Attitudes and Beliefs
Global settings ready specific requirements for psycheal, organizational, cultural values. In general, there are no limits to the attitudes race hold.Attitudes are learned throughout conduct and are embodied inwardly our socialization process. In the globose setting, some attitudes may be fundamental to us a core construct which may be super resistant to any change (perhaps a religious belief) whereas other, more marginal attitudes, may change with bran-new information or in the flesh(predicate) experiences.A individual should be a proactive, which means to be response to change creating new knowledge and finding methods of problem-solving. Reactive person cannot be notional which limits its opportunities and prevents from personal growth (Oden, 1997).In the workplace, there should be full and genuine participation of module concerned as early as possible, preferably well onwards the actual introduction of new equipment or systems.A person should concentrate on the roots of the problem in order to remove doubt and indecision. It consumes having an objective to chance on and the tests of whether that objective is being achieved or not form the control criteria. Decisions involve the future and involve choice therefore they can be wrongly (Cowen, 2002).2. Achieving personal significance is another factor which ensures personal development and growth. any person is unique personality (Hill, Levenhagen, 1995).For instance, from early years many entrepreneurs and creative hoi polloi, artists and musicians reveal creative skills in different aspects of life. On the other hand, researchers underscore that these skills can be trained and developed in many people in spite of their sets of genes and nature. If a person understands his uniqueness, it creates new opportunities for companies. In global settings, it is crucial to find the essence and meaning of life.Most people not besides bank that disquieting about difficulties becomes a way not to worry (or even think about) other pressing issues people also believe that many common American concerns about stress are misplaced. If a person understands his divine role and accepts his destiny, he becomes patient to other people difficult to apply universal wisdom to life (Fitzsimmons, 1997).3. To discard the negatives, every person should develop unique interpretation of a self and the essence of life based universal values and laws. All actions of people are aimed toward the positive, and bearing is in nature. This life philosophy frees people from worries (Gesteland, 1999).The conditions of possibility, in which such a life can be attempted to be lived, take the tantrum that the institutions of the modern state, as these are developing in the advanced societies, do have the potential for accommodating a range of spheres of life such as private morality and economic activity inwardly which personal identity could flourish, but which at the same time are held within a set of political institutions capable of securing.
Tuesday, January 22, 2019
Counselor Interview Essay
Mrs. T C***** currently is a guidance counsellor at YPre-K center in _____. She has overseen the YPRE -K counsellor program for rough 10 years, which is designed to be compressive and wearmental, with an emphasis on positive behavior and support. Mrs. C is a trained professed(prenominal) certified by the state of Texas. She trustworthy a Masters degree in Education with a minor in Guidance Counseling from Sul Ross University.From a young get on with Mrs. C knew she had the gift of what it would take to be a direction. In laid-back School she forever provided family and friends with a minding ear and loved support people solve their problems. Being a previous Pre-k teacher, she was c signenged with young children that indispensable help with their emotions. Seeing those problems, Mrs. C had the desired to help those children in enquire, scarce realized that she didnt have those specific skills to address the problems. From that moment she went on to increase her knowled ge and understanding of the focus field. To maintain her credentials, Mrs. Ceniceros must fire 200 hours every 5 years by attending genuine conferences every year and local trainings. As a professional she is continually looking for ways to improve to provide that successfully curriculum for her students.The Ysleta Pre-k counseling program serves around 300 students ages 4-6, which Includes large groups, small groups and individual counseling, along with consultations with staff, p bents and the community. As a guidance counselor she is excited and happy to be a part of the earlier education counseling program at Ysleta. Her goal is to continue providing the help, support and a positive milieu. She needs to help students develop health perceptions of themselves believe in competence, and their learning abilities. Mrs. Ceniceros role is an authoritative part, she sees herself as a leader. Along with the principal and assistant principal they give way towards a foundation of p ositive learning and teaching them how to adapt to a mutation of environments by recognizing the require coming from all diverse backgrounds. Mrs. Ceniceros mentioned that she is very stir to have a confirmatory administrative system, where she is able to have a well-rounded guidance program. Its an expectation, school wide program where everyone teachers, coaches, nurses, volunteers, stack drives ensure a safe, respectful and responsible environment. Its very reward to her how she is not secluded she is part of school, they all work to together.Her program includes activities to sharpen the students academic progress by addressing conflict issues that may have come up from their home life, work on interpersonal relationships, or if they lack of underlying necessities both physical and emotional, communication skills, study skills, listening skills and most significantly to develop social skills. She get outs provides guidance in topics such as kindness, respect, respo nsibility, honesty, friendship, cooperation/teamwork, and manners. The early childhood guidance counseling program overly consults parents and teachers to develop strategies in growth, development and learning. For parents its to make sure they understand what kind of environment is needed to help their child succeed and which intervention tactics to character.Her counseling theory she closely follows is Alfred Adler. She agrees on the theory of personality which is defined as, A comprehensive in depth analysis on how people blend. It emphasizes the grandness of early life experiences within the family of origin, or family constellation. From the perspectives such as bear order, sibling, rivalry, and social interest played important fools in the sourulation and function of personality. (Nystul. Pg 173 ) She agreed on how Adler stressed that emotions are useful in help person toward a goal. In her counseling program she uses some of Alders techniques such as phase one establis hing a relationship. Mrs. Ceniceros uses listening skills along with a smile to promote trust and respect, with the power of laughter and humor she believes that it follows tone 2 in winning respect and offering hope. The third maltreat in phase 1 she allows provides encouragement to her young students again by helping them develop positive attitudes about themselves and the world around them. She mentioned that she loves to use Art therapy which offers a form of sublimation whereby clients can achieve indirect delight of unconscious needs. (Nstyul, pg. 204). She has her kids color code their feels by filling a color heart outlined in black to identify their feelings such as blue is for blueness. For them is easier for the kids to communicate comfortably, has helped her tremendously to engage them to express their feelings and thoughts. Another therapy she uses is run therapy, which involves play media such as sand play, art, music, and music to learn skills and work out p roblems. Play represents an important developmental tool for children and adolescents, natural form of communication, and expression creativity leading to learning, coping, and self-realization. (Nstyul . pg 297).Mrs. C guidance lessons reflect the needs of the children identified by the teachers, principal, assistant principal, parents and the children themselves. She typically reaches 20 or so students per week in individual counseling. Her typical work hours are from 6 am to 4 pm, every day is a busy day, conflux with special educators, parents, teachers, attending conferences and trainings behind the scenes. Even when and if the families or child need her during a crisis after hours, Mrs. C is there to support them. Its exciting, not knowing what the day will bring, every day is a variant day, love the challenges. Mrs. C says.She loves working with children especially since she has previous experience as a teacher. Mrs. Ceniceros mentioned that it comes easy to her on how to s peak to them and how to engage them in her activities. decidedly a fun age she says. Her heart will always be with early childhood. That being said Mrs. Ceniceros believes that in order to be a counselor the key quality is to have the Heart Counselors should be passionate, revere helping people. Need to have compassion and empathy to understand the problems and work with children that are in stressful situations. In her eyes counselors are always spontaneous and looking ways to help .They need to be able to substitute appropriately when there is a crisis at hand. She says kids dont always say what they mean or feel, most of the time they cant understand their feelings or sometimes put up a front, as a counselor you have to look beyond words. Counselors need observational skills to spot signals of emotional, sexual abuse, certain behaviors, and relationships and being able to determine entropy from test or interviews. Have people skills and communication skills are also importa nt she says. Mrs. Ceniceros is constantly in collaboration with the principal, assistant, teachers and parents, along with that come having great listening skills, open mind, speaking and writing professionally. Lastly she says that having humor and a smile is an important attribute, which brings hope, trust, and allows the student to engage. Even though she has a supportive team and District who want their kids to succeed, she said its a sad surprise to see some parents that really dont cathexis about the emotional, physical, developmental health of their kids. Although at the end of the day the return of her job is to see the success of her kids, For Mrs. C is knowing that she made a difference and was able to help those in need. She smiles when her kids come d induce the hall way saying Hi friend, I am helping my feelings Mrs. C stated that each child is different and beautiful in their own way and most significantly, they all need to be valued. As for forthcoming prospec tive counselors make sure youre in the field because that is want will thrive that individual to help others. For Mrs. Ceniceros she believes if youre passionate about your job you wont see if as a job. specially those who want to become a guidance counselor she recommends those individuals to make themselves plain to schools, teachers, and other school professionals. Greet the students, attend related meetings, and attend certain school activities, will allow the individual to establish valuable relationships. She allows mentions to go in in counseling practicum or internship, taking the opportunity will allow that perspective to learn and grow and even speaking with other professional counselor experiences will be a great deal of help.Choosing Mrs. Ceniceros was a great choose and a great experience. I chose Mrs. Ceniceros because I had comprehend she was a great counselor at Ysleta pre-k being that I am from Ysleta pre-k myself. I noticed that Mrs. Ceniceros is not precisely an effective guidance counselor but a nice person. Arriving into her office began with a positive depiction feeling warm and welcome of brightness and having the cute drawings from her kids. Not only did she provide a qualified image such as bare and professional attire, she presented a smiling and enthusiastic personality. Listening to her education , background, interests to wherefore pursing a counseling degree, to her program and approaches showed me that she really cares about the developmental , behavioral, and wellness of Y Pre-K children. She has great communication skills, improve her competence, works hard, and most important has humor. Mrs. C displays a wholesome philosophy, by valuing the diverse background of her kids, willingness to listen and the patience seek and accepts advice, maintains a good physical, emotional health. Most importantly I could see how she was well equipped to assist her children live a happy and healthy life. Overall enjoyed this experien ce and grateful for the opportunity
Monday, January 21, 2019
Family Systems and Healthy Development Essay
Healthy development is generally dumb as the progressive physical, emotional, cognitive and social maturation that takes place in a persons heart from conception onwards into adulthood. This physical process is further influenced by a continuous whirlwind of biological and environmental comp binglents. Of the many environmental factors that an individual encounters over the course of the life span, it is clear to earn family systems play a significant role and can be passing feignful on the developmental process. To gain a better understanding of the impact of family on healthy development, it is worthwhile to reckon the various family structures that outlast in our culture. The portrait of the family in todays society is no longish rigidly defined by marriage, which is characterized by a two rise up household with children rather at that place ar increasing numbers of mavin p bents, teen parents, divorced parents and same-sex couple parents. Sometimes we forget the great regeneration of forms, not only of the families living amongst us, but also those presented in scripture. on that point are single person families wish well Mary, Martha, and their brother Lazarus. There are families experiencing difficulties like Joseph and his brothers, or broken families seeking new life like Naomi and Ruth (Way, 2003). Of the various forms that the family structure can take, one consistent factor that is crucial for the facilitation of healthy development is family perceptual constancy. Parental mental competence, perpetual-loving caregivers, autocratic or negative parenting are all factors that contribute to the establishment of the perceptual constancy of the family unit. The sign environment is arguably one of the most important facets of an individuals childhood growth and development. When there is structure and stability children tend to achieve and are more than self-aware and assertive, versus when there is little to no stability the oppos ite effect can be expected to occur. When disruptions in the stability of the family environment occur, youths ability to develop adequate self-control skills may be compromised, leading to both internalizing and externalizing problems (Malatras & adenine Israel, 2013).Though there are noteworthy differences in the childrearing practices around the solid ground there are marked similarities that exist in the context of determining a healthy family unit. It is helpful to consider socioeconomic status, parental contributions and involvement, sibling relationships, family history and heathenish norms when trying to qualify the overall health of a family system. Factors such as warmth, emotional availability, bit activities such as predictable bed or mealtime activities, religious observances and communicating are of considerable importance when evaluating the health of a family system in the Western culture. However in other cultures such as the Caribbean there is less emphas is placed on the feelings of warmth and emotional connections and more on discipline, control and behavior management. Children in the Caribbean are expected to perpetrate adult responsibilities at a much earlier age than their American counterparts.For example in a study conducted on child health in Jamaica at the age of four or five, children of both sexes experience insideng household chores such as sweeping, mopping, floor polishing, and caring for younger children (Sargent & Harris, 1992). Children are also expected to complete tasks such as preparedness and laundry as early as the age of seven. Within the constraints of cultural norms, one can say that a healthy family system is one in which the developing child can thrive physically and emotionally and is on track to becoming a functional member of that society. In the same way that a healthy family system can advert an individual in becoming self-sufficient and aware there are negative impacts that can occur when ther e are breakdowns in the rump of the family.For example in families where psychological ill-usage takes place, the effects can be detrimental to the child who as a result may fulfill from low self-esteem, lying, misbehavior, and underachievement in school. The impact of abuse on brain development is also profound and has been linked to a reduction in the sizing of the amygdala and hippocampus later on in adulthood. It is also renowned that the fear, terror and stress associated with abuse may also produce immutable changes collect to the overstimulation of the limbic system (Feldman, 2014).In conclusion, one can clearly see the vast significance that the role of family plays in the physical, spiritual, social and cognitive development of an individual. The family unit is the training ground for life in the world at large and its impact can be either positive or negative. However there are several other factors at work in determining how an individual will handle their life regardless of the cards that they are dealt. For instance a child who grows up in a home where he has been the victim of psychological maltreatment may still have a chance at creation a fully functional and contributing member of society due to his resilience and ability to traverse difficult circumstances. Likewise some children who are given all the tools for success, emotional stability and great family environment may still make bad decisions later on in life. The query is unprecedented in its support that healthy family systems, regardless of cultural norms promote the production of healthy independent adults who are able to thrive in the society of their upbringing.ReferencesFeldman, R. S. (2014). Development across the life span (7th ed.). Upper blame River, NJ Pearson. Malatras, J. W. and Israel, A. C. (2013), The Influence of Family Stability on Self-Control and Adjustment. J. Clin. Psychol., 69 661670. doi 10.1002/jclp.21935. Sargent, C., & Harris, M. (1992). Gende r ideology, childrearing, and child health in Jamaica. American Ethnologist, 19(3), 523-537. Retrieved from http//www.jstor.org/stable/645199. Way, P. (2003). Family systems. The Clergy Journal, 80(1), 14-15. Retrieved from http//search.proquest.com/docview/230514795?accountid=12085.
Saturday, January 19, 2019
Reardon v. U.S. Essay
Lien on real shoes created by CERCLA when environmental Protection Agency (EPA) determines that place declareers whitethorn be liable for cleanup be measurements to going of a signifi washstandt home interest within meaning of the collectable surgery cla uptake. Comprehensive Environmental Response, Compensation, and indebtedness piece of 1980, 107(l ), as amended, 42 U.S.C.A. 9607(l ) U.S.C.A. Const.Amend. 5. absence of nonice and consultation may be to a greater extentoverified by crying circumstances. U.S.C.A. Const.Amend. 5.92k251.5 k. Procedural Due Process in superior general. Most Cited CasesConstitution exclusivelyows the mould callable to be tailored to plump realities of the situation. U.S.C.A. Const.Amend. 5. *1510 Lynn W redress, with whom Robin F. Price and Edwards and Angell, unseas oned York City, were on supplemental instruct, for plaintiffs, appellants. George W. Van Cleve, Deputy Asst. Atty. Gen., with whom Barry Hartman, Asst. Atty. Gen., Was hington, D.C., Wayne A. Budd, U.S. Atty., George B. Henderson, II, Asst. U.S. Atty., Boston, Mass., Stephen L. Samuels, Steve C. Gold, Jacques B. Gelin, Attys., Dept. of Justice, Charles Openschowski, Office of Gen. Counsel, E.P.A. and Luis Rodriguez, Asst. Regional Counsel, E.P.A., Washington, D.C., were on supplemental brief, for defendants, appellees.OPINION EN BANCTORRUELLA, Circuit Judge.After removing hazardous substances from property belonging to the Reardons, EPA filed a set of spleen on the property for the make out spent. front 42 U.S.C. 9607(l ). The Reardons sued to exact the nonice of irascibility removed(p), arguing that they were non liable for the cleanup cost, that the quick temper was  all overextensive in that it covered parcels non k nonted in the clean-up, and that the register of the spleen peak without a hearing disadvantaged them of property without due mathematical operation. The govern butterfly, in Reardon v. United States, 731 F.S upp. 558 (D.Mass.1990), defined that it did non hurl legal power to hear the Reardons twain statutory outcrys. It ruled that although legal power existed to hear the implicit in(p) championship, the register of a spleen did non amount to a taking of a earthshaking property interest saved by the due litigate clause.It thitherfore denied the Reardons motion for a explorative injunction, and dismissed their thrill. The Reardons hailed and a panel of this judgeship ruled in their kick upstairs on statutory grounds. Reardon v. United States, 922 F.2d 28 (1st Cir.1990) (withdrawn). We now consider the appeal en banc. After closely considering applicable law, including most notably the young gaucherie of computed axial tomography v. Doehr, 501 U.S. 1, 111 S.Ct. 2105, 115 L.Ed.2d 1 (1991), we conclude that the regulate bid correctly decided that it did not excite jurisdiction to consider the Reardons statutory states, but we find that the CERCLA short temper eata ble do violate the twenty percent amendment due process clause.I. BACKGROUNDA. Facts. In 1979, Paul and John Reardon purchased a 16-acre parcel in Norwood, Massachusetts, adjacent to an electric equipment manufacturing plant site *1511 cognise as the Grant wagon train site, and named it Kerry Place. In 1983, the Massachusetts discussion voice of Environmental Quality Engineering, responding to a report of a nearby resident, tested grime samples from both properties and discovered extremely high levels of polychlorinated biphenyls (PCBs) on the Grant Gear site and on Kerry Place where it bordered Grant Gear. EPA consequently investigated the site. purpose the uniform high levels of PCBs, it authorized an immediate clean-up of the contaminated aras. Between June 25 and August 1, 1983, EPA removed 518 tons of contaminated skank from the 2 properties. It then notified the Reardons that it had removed tout ensemble soil with concentrations of PCBs known to be above the skil lful limit, but informed them that additional areas of contaminant major power exist, in which case EPA might at a lower placetake additional clean-up work. In 1984, the Reardons subdivided Kerry Place into a arrive of parcels they sold five of those parcels and retained ownership of the others.In October 1985, EPA notified the Reardons that, as on-going owners of Kerry Place, they might be liable low(a) 106 and 107 of the Comprehensive Environmental Response, Compensation, and Liability title (CERCLA), 42 U.S.C. 9606 & 9607, along with ten other typify and prior owners of the properties, for the clean-up costs. In August 1987, EPA again investigated the properties to assess the feasibility of a long-term ease for any remaining contamination. New testing showed that soil in several areas on Kerry Place was still contaminated with PCBs. In April 1988, EPA informed the Reardons of these proves. The Reardons told EPA that they intend to clean up their property the mselves. EPA advised the Reardons to set up any offsite disposal plans with EPA and to obtain EPAs approval of a word or disposal facility.In January 1989, the Reardons informed EPA that they had completed their own clean-up of Kerry Place, without having assay coordination with or sought the approval of EPA. On March 23, 1989, EPA filed a notice of quick temper with the Norfolk County Registry of Deeds pursuant to 107(l ) of CERCLA, 42 U.S.C. 9607(l ), on all of the Kerry Place parcels still owned by the Reardons. The lien was for an unspecified amount, as it secured payment of all costs and damages covered by 42 U.S.C. 9607(l ) for which the Reardons were liable under 107(a) of CERCLA, 42 U.S.C. 9607(a). Five days later, EPA notified the Reardons that it had filed the notice of lien. On July 12, 1989, EPA informed the Reardons that they could settle EPAs claims against them for $336,709, but noted that this amount did not limit the Reardons potential liability. On Septe mber 29, 1989, EPA selected a long-term remedy for the Kerry Place and Grant Gear sites estimated to cost $16,100,000. B. Procedural History.The Reardons filed a disorder and a motion for preliminary injunction in the United States territory hail for the District of Massachusetts. They argued that they were authorize to have the notice of lien removed for three reasons. First, the Reardons maintained that they qualified as innocent landowners under 107(b) of CERCLA, 42 U.S.C. 9607(b), and therefore were not liable for any clean-up costs. Second, 42 U.S.C. 9607(l ) provides for a lien on only that property stem to or affected by a remotion or sanative work on, 42 U.S.C. 9607(l )(1)(B) the Reardons claim that since slightly of their Kerry Place parcels were not subject to or affected by the clean-up, EPA erred in filing a notice of lien covering all of those parcels.Third, they assert that EPAs imposition of the lien without a hearing violated the due process clause of&nb spthe fifth amendment to the United States Constitution. The district flirt held that 113(h) of CERCLA, 42 U.S.C. 9613(h), divested it of jurisdiction to hear the Reardons innocent landowner and overbroad lien claims. It found that the same constituent in any case purported to divest it of jurisdiction to hear the due process claim, but held that sex act was without power to place such a boundary on its jurisdiction. Turning to the merits of the due process claim, the *1512 district court held that the lien imposed by 107(l ) did not amount to a taking of a important property interest nourished by the due process clause.The court therefore denied the motion for a preliminary injunction and dismissed the complaint. The Reardons appealed, and a panel of this court found in their favor. The panel perspective construed 9613(h) so as to permit judicial freshen up of the statutory challenges to the lien, and did not reach the due process sales outlet. In answer to EPAs s upplicate for rehearing, however, a majority of the court voted to grant a rehearing en banc. Although the court en banc finds for the plaintiffs, as did the panel, we do so on entire rather than statutory grounds.II. JURISDICTION1 We turn first to the oppugn of jurisdiction. The district court, as we have noted, held that 42 U.S.C. 9613(h) purported to divest it of jurisdiction over all three of the Reardons claims. We agree that 9613(h) bars come off of the innocent landowner and overbroad lien claims, prior to the commencement of an en compactment or recuperation motion, but we conclude that this region does not bar check into of the due process claim. Section 9613(h), entitled quantify of limited re insure, explicitly limits the jurisdiction of the national courts to hear genuine cases arising under CERCLA. The part states, in part No federal court shall have jurisdiction under Federal law to criticism any challenges to removal or sanative natural process sele cted under branch 9604 of this title, or to reappraisal any order issued under section 9606(a) of this title, in any live up to except one of the following listing 5 enumerated types of swear outs 42 U.S.C. 9613(h).The five exceptions to the territorial bar are all actions filed by the judicature or by a private citizen examineing to enforce or recover costs for the enforcement of CERCLA for this reason, the district court described 9613(h) as barring judicial brush up of EPA actions prior to the condemnation that the EPA or a third party undertakes a legal action to enforce an order or to make up ones mindk recuperation of costs for the cleanup of a hazardous waste site. Reardon v. United States, 731 F.Supp. at 564 n. 8. As a convenient shorthand, we will say that 9613(h) bars pre-enforcement check over of certain claims. The district court framed the apparent movement of jurisdiction as whether the filing of a lien constituted a removal or sanative action selec ted under section 9604 of this title. As the district court noted, the price removal and remedial action are defined terms under the CERCLA polity. 42 U.S.C. 9601(23), (24). Another CERCLA training says that these terms include enforcement activities link up thereto. 42 U.S.C. 9601(25) (emphasis added).The court found that placing a lien on property from which hazardous substances had been removed was a type of enforcement activity. It therefore concluded that any challenge the Reardons could make, whether statutory or thorough, was a challenge to a removal or remedial action over which Congress intended it not to have jurisdiction unless and until EPA brought an enforcement action. Reardon v. United States, 731 F.Supp. at 569. A. Jurisdiction over the innocent landowner and overbroad lien claims. We agree with the district court that filing a lien notice is a type of enforcement activity cerebrate to a removal or remedial action. And we agree that 9613(h) bars the federal courts from hearing pre-enforcement challenges to the merits of any exceptional lienchallenges, for example, to the liability which a lien secures, or to the conformity of that lien to the CERCLA lien provender. Several considerations fade to these conclusions. First, we think that the expression of the mandate, contemplate for its run-of-the-mill meaning, supports such an interpretation.Central to the entire CERCLA intention is a provision that makes certain parties liable for the cost of removal and remedial actions. See 42 U.S.C. 9607(a). When the political science files a lien on property to secure payment of that liability, it stool reasonably be described as seeking to enforce the liability *1513 provision. Thus, the activity of filing liens is, in ordinary language, an enforcement activity. Second, we believe that allowing challenges to the merits of particular liens would drink down some of the purposes of barring pre-enforcement follow under 9613(h).Congress w as no motion chargeed, first and foremost, that clean-up of substances that endanger public health would be storage areaed if EPA were compel to litigate each detail of its removal and remedial plans before implementing them. Thus, the Senate judicature Committee Report stated that 9613(h) barred pre-enforcement review be scram such review would be a world-shattering obstacle to the executing of repartee actions and the use of administrative orders. Pre-enforcement review would lead to considerable delay in providing cleanups, would annex response costs, and would discourage settlement and automatic cleanups. S.Rep. No. 11, 99th Cong., 1st Sess. 58 (1985).As long as the remedy upon review of a lien was limited to the invalidation or modification of the lien, of course, such review would not directly delay clean-up of hazardous substances. However, we do not believe that avoiding delay was the only purpose of postponing review. As the Fifth Circuit stated in a similar case Although review in the case at hand would not delay actual cleanup of hazardous wastes, it would force the EPAagainst the wishes of Congressto engage in piecemeal litigation and use its resources to protect its rights to recover from any potentially answerable party filing such an action. . . . . .Moreover, the crazy-quilt litigation that could result from allowing potentially responsible parties to file declaratory judgment actions prior to the initiation of political sympathies cost recovery actions could force the EPA to confront inconsistent results. Voluntary buying Groups, Inc. v. Reilly, 889 F.2d 1380, 1390 (5th Cir.1989). The same practical considerations weigh against allowing pre-enforcement review in this case. And we add to these reasons one more information needed to decide legal challenges to liens may not be available at the meter such challenges are made. To decide, for example, the Reardons claim that they are innocent landowners, a court must determine whe ther the contamination pre-dated their ownership whether they had any knowledge or reason to know of the contamination whether they had exercised due care with respect to the hazardous substances and whether they took precautions to prevent releases by predictable acts of third parties. See 42 U.S.C. 9607(a), (b)(3), EPA Supplemental Brief, at 16-17 (stressing complexity of firmness of purpose innocent landowner claim).Notices of liens are managely to be filed early in the recital of a response actionshortly after EPA has begun to hap money on waste removal and the landowner has been notified of potential responsibility. See 42 U.S.C. 9607(l ) (providing for creation and filing of liens). At that point, EPA is in all likelihood not heretofore to know the in force(p) extent of the contamination, let alone when that contamination occurred, or whether it is likely that the owner exercised due care or took reasonable precautions. i purpose of 9613(h), we believe, is to delay review until enough is known to decide these issues. Third, legislative history supports the view that 9613(h) is intended to bar challenges to liability, such as the Reardons seek to make by attacking the lien filing, as well as challenges to the remedy EPA has chosen. During floor debate on this section, Senator Thurmond, Chairman of the court Committee, which drafted the section, explained Citizens, including potentially responsible parties, cannot seek review of the response action or their potential liability for a response action other than in a suit for contributionunless the suit falls within one of the categories in this section. 132 Cong.Rec. S14929 (daily ed. Oct. 3, 1986) (emphasis added). Senator Stafford, *1514 Chairman of the Conference Committee, stated When the essence of a type involves the contesting of the liability of the plaintiff for cleanup costs, the courts are to apply the provisions of section 113(h), delaying such challenges until the Government has filed a suit. 132 Cong.Rec. S14898 (daily ed. Oct. 3, 1986) (emphasis added).It is certainly possible that Congress unknowingly rather than purposefully included lien challenges in the judicial review bar. Congress amended the scope of removal and remedial actions to include enforcement activities related thereto primarily to see to it that EPA could recover costs for enforcement actions taken against responsible parties. H.R.Rep. No. 253(I), 99th Cong., 2d Sess. 66-67, reprinted in 1986 U.S.Code Cong. & Admin.News 2835, 2848-49 see H.R.Conf.Rep. No. 962, 99th Cong., 2d Sess. 185, reprinted in 1986 U.S.Code Cong. & Admin.News 3276, 3278 (This amendment clarifies and confirms that enforcement activity costs are recoverable from responsible parties.). perhaps Congress did not realize that other provisions referring to removal and remedial actionssuch as the judicial review barwould also be affected. But even if this were so, we do not see how our conclusion is altered.Fir st, as outlined above, reading the enactment to bar review of pre- enforcement challenges to liens is consistent with the language and the purpose of the judicial bar. Second, and more importantly, Congress amended a definitional section, gum olibanum changing the meaning of removal and remedial wherever they appear in CERCLA. We cannot give the definition inconsistent readings within the principle. As the above-quoted legislative history makes clear, the 1986 amendment was certainly intended to allow the government to collect attorneys fees in cost recovery actions. See United States v. Ottati & Goss, 694 F.Supp. 977, 997 (D.N.H.1988) (allowing attorneys fees to United States under 9607(a)(4)(A)), affd in part, vacated in part, 900 F.2d 429 (1st Cir.1990).If liens to ensure the governments complete recovery of its remedial costs are not enforcement activities related to the removal or remedial actionthe view suggested by the dissentthen we do not see how a suit to recov er the governments clean up costs is an enforcement activity either. And if enforcement activities in 9601(25) is interpreted to exclude the expenses of cost recovery actions, this would have the answer of denying the government significant amounts of attorneys fees which was certainly not the absorbed of Congress. We therefore conclude, as did the district court, that 9613(h) precludes judicial review of the imposition of a lien until EPA commences an enforcement action. 2B. Jurisdiction over the due process claim. Unlike the district court, however, we do not believe that 9613(h) precludes federal court jurisdiction over the Reardons due process claim. First, such a challenge does not fit into the literal language of 9613(h). That section refers to challenges to removal or remedial action selected under section 9604 of this title. Under our reading, it divests federal courts of jurisdiction over challenges to EPAs brass section of the formulaclaims that EPA did not select the proper removal or remedial action, in light of the standards and constraints established by the CERCLA statutes. The Reardons due process claim is not a challenge to the way in which EPA is administering the statute it does not concern the merits of any particular removal or remedial action.Rather, it is a challenge to the CERCLA statute itselfto a statutory scheme under which the government is authorized to file lien notices without any hearing on the rigorousness of the lien. Second, we read 9613(h) in light of the Supreme approachs oft-repeated authority that where Congress intends to preclude judicial review of complete claims its intent to do so must be clear. Webster v. Doe, 486 U.S. 592, 603, 108 S.Ct. 2047, 2053-54, 100 L.Ed.2d 632 (1988) see Weinberger v. Salfi, 422 U.S. 749, 95 S.Ct. 2457, 45 L.Ed.2d 522 (1975) *1515 Johnson v. Robison, 415 U.S. 361, 94 S.Ct. 1160, 39 L.Ed.2d 389 (1974). FN1We do not believe that the statute expresses a clear congressional i ntent to preclude the type of constitutional claim the Reardons are makinga challenge to several statutory provisions which form part of CERCLA. However, it is important to make clear that we are not prop that all constitutional challenges involving CERCLA fall outside the scope of 9613(h). A constitutional challenge to EPA administration of the statute may be subject to 9613(h)s strictures. Such a claim may well be a challenge to removal or remedial action selected under section 9604 of this title, and may thus fall within 9613(h)s bar. We find only that a constitutional challenge to the CERCLA statute is not covered by 9613(h).FN1. Of course, 9613(h) is styled as a provision that merely delays review, rather than precludes itindeed, it is titled Timing of review. However, the only available review of the lien notice is in an enforcement action brought by EPA and the judgment in that enforcement action will render think the Reardons due-process-based request for injunctive relief against the filing of the lien, since it will decide whether or not the Reardons are liable under CERCLA. Hence, the effect of 9613(h) is to preclude review altogether.Third, extending jurisdiction to the Reardons due process claim does not necessarily run counter to the purposes underlying 9613(h). For example, resolution of the due process issue does not strike any information that is not likely to be available until clean-up of a site is finished. Because it is a purely legal issue, its resolution in a pre-enforcement proceeding does not have the potential to force EPA to confront inconsistent results (as would a finding, for example, that a particular spill was caused by an act of God). Of course, if we decide that filing a notice of a CERCLA lien without any pre- enforcement review does violate due process, EPAs collection efforts will no distrust be hampered. However, we do not lightly assume that Congress intended to ease EPAs path even at the expense of viola ting the Constitution. Fourth, although the ii courts that have considered this issue have reached a different conclusion, see Barmet aluminum Corp. v. Reilly, 927 F.2d 289, 293 (6th Cir.1991) South Macomb Disposal Authority v. U.S.E.P.A., 681 F.Supp. 1244, 1249-51 (E.D.Mich.1988), we are unpersuaded by the cerebrate of those cases. Our disagreement commences with the phrasing of the issue to be decided.Both courts frame the question as whether 9613(h) prohibits constitutional as well as statutory challenges until the time prescribed by the statute. South Macomb, 681 F.Supp. at 1249-50 see Barmet, 927 F.2d at 292. We think that this question fails to make the distinction we have noted above, see pp. 1514-1515, supra, between two types of constitutional challengeschallenges to EPAs administration of CERCLA, and challenges to CERCLA itself. Once we recognize this distinction, the reasoning of these two courts becomes less convincing. First, says the South Macomb court, Reading the language of 9613(h) for its everyday meaning supports the plan that this subsection prohibits constitutional as well as statutory challenges until the time prescribed by the statute. The provision explicitly states that federal courts shall not have jurisdiction to review any challenge except for those enumerated. South Macomb, 681 F.Supp. at 1249-50.But, the statute does not bar any challenge, without qualification rather, it delays federal court review of any challenges to removal or remedial action selected under section 9604 of this title. 42 U.S.C. 9613(h). Because a due process challenge to the CERCLA lien provisions is not, we believe, a challenge to removal or remedial action selected under section 9604 of this title, we do not find that the everyday meaning of 9613(h) divests the federal courts of jurisdiction to hear such a challenge. Both the Barmet and South Macomb courts cope that legislative historyHouse and Senate Reports, and House Judiciary Committee Hearings s uggests that Congress intended 9613(h) to bar all pre-enforcement challenges, including all *1516 constitutional challenges.Upon examination, we find these materials tenuous as well. The Senate Report states, in part As several courts have noted, the scheme and purposes of CERCLA would be disrupted by affording review of orders or response actions prior to commencement of a government enforcement or cost recovery action. See, e.g., lonely(prenominal) suffer Steering Committee v. EPA, 600 F.Supp. 1487 (D.N.J.1985) . These cases correctly interpret CERCLA with figure to the un approachability of pre-enforcement review. This amendment 9613(h) is to expressly recognize that pre-enforcement review would be a significant obstacle to the implementation of response actions and the use of administrative orders. Pre- enforcement review would lead to considerable delay in providing cleanups, would increase response costs, and would discourage settlements and voluntary cleanups. S.Re p. No. 11, 99th Cong., 1st Sess. 58 (1985).We see nothing in this intervention which would indicate an intent to divest federal courts of jurisdiction to consider a claim that the provisions of CERCLA itself authorize deprivations of property without due process of law. On the contrary, the reference to review of orders or response actions suggests that the writers of the Senate Report focused their concern on the problems that would arise if courts reviewed the merits of particular EPA actions. Both Barmet and South Macomb attach wide weight to the Senate Reports citation with approval of Lone Pine, a case decided before 9613(h) was enacted, which they say held that CERCLA did not allow pre- enforcement review even of constitutional challenges. We think there are good reasons to give notice this citation.For one thing, the 13-page opinion in Lone Pine contains no countersign of the question whether constitutional challenges to the statute as well as challenges to administrativ e action are barred one can only withhold that the Lone Pine court held this view from the facts that (1) the plaintiffs complaint had one constitutional count alongside six statutory counts, and (2) the court dismissed the entire complaint. In fact, Lone Pine cites Aminoil, Inc. v. EPA, 599 F.Supp. 69, 72 (C.D.Cal.1984), the atomic number 82 case prop that CERCLA did not bar jurisdiction to review constitutional challenges to the statute and it does so, not to indicate any disagreement with that holding, but but to agree with its holding that CERCLA does bar pre-enforcement review of administrative orders. See Lone Pine, 600 F.Supp. at 1497.For another thing, the Senate Report does not cite Lone Pine for the proposition that federal courts have no jurisdiction to hear constitutional challenges rather, it cites it solely as an example of a group of cases, sub silentio holding that review of orders or response actions would disrupt the purposes of CERCLA. We do not see wherefore this should indicate agreement with Lone Pines purported holding regarding constitutional challenges, particularly since cases such as Aminoil would seem to fit just as easily into the group of cases described in the Report.We do not find the House Report any more convincing. The pertinent changeover in that Report, according to Barmet and South Macomb, is a affirmation that there is no right of judicial review of the Administrators selection and implementation of response actions until after the response actions have been completed. H.R.Rep. No. 253(I), 99th Cong., 2d Sess. 81, reprinted in 1986 U.S.Code Cong. & Admin.News 2835, 2863. See Barmet, 927 F.2d at 293 (quoting this passage) South Macomb, 681 F.Supp. at 1250 (same).This statement says nothing about judicial review of the CERCLA statute itself. South Macomb also cites testimony of EPA and Justice Department officials during hearings on the bill that contained 9613(h). In response to a query from Representative G lickman as to whether EPA and the Justice Department might accept some form of accelerated pre-enforcement review, Mr. Habicht, the Assistant Attorney General for Land and Natural Resources, replied Mr. Chairman, briefly, this issue has been litigated under the 1980 statute *1517 rather extensively, and there have been a number of decisions over the last several months that address the fundamental questions of the constitutionality of the procedures set forth in that law. Virtually across the panel now the courts are finding that the scheme is constitutional as before long constituted. Superfund Reauthorization Judicial and Legal Issues, Hearings before the Subcomm. on Admin. Law and Governmental Relations, H. of Rep. Judiciary Comm., 99th Cong., 1st Sess. at 226 (July 17, 1985) see South Macomb, 681 F.Supp. at 1250 (quoting this passage).The South Macomb court comments Our reading of this exchange is that the EPA and the Department of Justice took the position that because the c ourts had already upheld the constitutionality of CERCLA, constitutional challenges could also tarry EPA enforcement actions. Id. We do not find this passage quite so clear. It would appear to be an expression of hope by EPA and the Department of Justice rather than a statement of congressional intent, particularly in light of the fact that Congress passed a provision, 9613(h), that by its language does not bar constitutional challenges to the CERCLA statute.Finally, the Supreme court of justice recently examined a statute with a judicial review provision not unlike the CERCLA section analyzed here. At issue in McNary v. Haitian Refugee Center, Inc., 498 U.S. 479, 111 S.Ct. 888, 112 L.Ed.2d 1005 (1991), was a provision of the Immigration and Nationality Act barring judicial review of a self-abnegation of Special Agriculture Worker (SAW) status except in the context of a deportation order. The statute states There shall be no administrative or judicial review of a determinatio n respecting an covering for adjustment of status under this section except in ossification with this subsection. 8 U.S.C. 1160(e) (as amended by the Immigration Reform and Control Act of 1986).The Court held that this bar did not preclude review of general substantiating challenges to unconstitutional practices and policies used by the agency in processing applications. McNary, 111 S.Ct. at 896. Rather, it only barred review of case-by-case denials of SAW status. Id. The statute in McNary resembles the CERCLA provision at issue here in two respects. First, as here, judicial review of an administrative event is withheld until the agency instigates a second, free-lance proceeding. More significantly, the immigration statute is phrased so as to bar review of the agencys determination of SAW status in an individual actionan event comparable to EPAs selection of a removal or remedial action, which is the focus of the CERCLA bar. Neither statute mentions the availability of review of a constitutional challenge to the statute itself (as here) or to the agencys execution of the statute (as in McNary ).Insofar as the Immigration and Nationality Act compares to CERCLA, we think that the holding in McNary supports our conclusion here. See also Johnson v. Robinson, 415 U.S. 361, 367, 94 S.Ct. 1160, 1165-66, 39 L.Ed.2d 389 (1974) (holding that similar jurisdictional bar precluded review only of administration of statute, not of challenge to statute itself) cf. Weinberger v. Salfi, 422 U.S. 749, 762, 95 S.Ct. 2457, 2465, 45 L.Ed.2d 522 (1975) (holding that more expansive language barred all challenges related to statute). Thus, we conclude that we have jurisdiction to consider the Reardons due process claim that the CERCLA statutory scheme under which liens may be imposed on property without luck for a hearing violates the fifth amendment due process clause.III. THE DUE mathematical process CLAIM4 The Supreme Court has established a two-part analysis of due process challenges to statutes which, like this one, involve property rather than liberty interests. unrivaled must first ask whether the statute authorizes the taking of a significant property interest protected by the fifth amendment. E.g., Fuentes v. Shevin, 407 U.S. 67, 86, 92 S.Ct. 1983, 1997, 32 L.Ed.2d 556 (1972). If there is no significant property interest involved, the inquiry is at an end. If there is, one proceeds to examine what process is due in the particular circumstances. *1518 E.g., id. Mathews v. Eldridge, 424 U.S. 319, 335, 96 S.Ct. 893, 903, 47 L.Ed.2d 18 (1976). We shall address each issue in turn. A. The Deprivation. The district court, relying primarily on Spielman- Fond, Inc. v. Hansons, Inc., 379 F.Supp. 997 (D.Ariz.1973) (three judge panel), affd mem., 417 U.S. 901, 94 S.Ct. 2596, 41 L.Ed.2d 208 (1974), found that the filing of a federal lien under 42 U.S.C. 9607(l ) did not amount to a deprivation of a significant property interest thus, the court did not r each the second shout of the analysis.However, a Supreme Court case decided after the district court had issued its decision (indeed, after oral argument at the en banc rehearing of this appeal) has clarified the law in this area considerably, and has precluded continued combine on the Courts digest affirmance in Spielman-Fond. In computed axial tomography v. Doehr, 501 U.S. 1, 111 S.Ct. 2105, 115 L.Ed.2d 1 (1991), a unanimous Court held that a computerized axial tomography adhesiveness statute violated the due process clause. The Court held that the adhesion lien on plaintiff Doehrs real property disadvantaged him of a significant property interest within the meaning of the due process clause.The Court stated For a property owner like Doehr, attachment ordinarily clouds title impairs the ability to swap or otherwise alienate the property taints any credit rating reduces the chance of obtaining a home equity loan or additional mortgage and can even place an existing mortga ge in technical failure where there is an insecurity clause. Doehr, 501 U.S. at -, 111 S.Ct. at 2113. It concluded that even the brief or partial impairments to property rights that attachments, liens, and similar encumbrances entail are comfortable to merit due process protection. Id. (emphasis added).And, in a footnote, it disposed of its summary affirmance in Spielman-Fond by noting that a summary disposition does not enjoy the full precedential value of a case argued on the merits and disposed of by a written opinion. Id. at - n. 4, 111 S.Ct. at 2113 n. 4 (citing Edelman v. Jordan, 415 U.S. 651, 671, 94 S.Ct. 1347, 1359-60, 39 L.Ed.2d 662 (1974)). See also id. at -, 111 S.Ct. at 2113 (Rehnquist, C.J., concurring) (Spielman-Fond should not be read to mean that the imposition of a lien is not a deprivation of a significant interest inproperty).Whether the response costs were incurred systematically with the national contingency plan is an issue which may be exceedingly factua l, but it is usually a matter of the amount, and not the existence, of liability. More likely to be highly factual is the determination whether certain of the owners parcels of land are subject to or affected by EPAs response action. Similarly, on the issue of the landowners liability, EPA admits in its brief that the concepts of due care, foreseeability, objective and subjective knowledge, some of which are unique in CERCLA to the innocent landowner defense, are extremely fact-intensive. EPA Supplementary Brief at 16-17. Second, we must consider what procedural safeguards, if any, CERCLA provides against erroneous filing of a lien. a. The right to a judicial hearing. CERCLA provides no such safeguards.It provides for no pre-deprivation proceedings at allnot even the ex parte probable cause hearing judged insufficient in Doehr. See Doehr at -, 111 S.Ct. at 2108 (describing Connecticut attachment procedure). Nor does CERCLA provide for an immediate post-deprivation hearing. FN2 The f irst hearing the property owner is likely to get is at the enforcement proceeding, or cost recovery action, brought by EPA.This action may be brought several years after the notice of lien is filed it is limited only by a rather complicated statute of limitations, see 42 U.S.C. 9613(g)(2), which gives EPA three years after a removal action is completed or six years after a remedial action is commenced to bring such a suit. The running of the statute of limitations is entirely within EPAs control. Since the government may take its own sweet time before suing, and since the removal or remedial action may itself take years to complete, the lien may be in place for a considerable time without an opportunity for a hearing.FN2. The Connecticut statute at issue in Doehr provided expeditious post-attachment review, see 501 U.S. at -, 111 S.Ct. at 2115, but the Court nonetheless found the statute constitutionally deficient. Even under Doehr, though, post-attachment process is not always inadequate. Doehr notes the factors leading to the Courts approval, in Mitchell v. W.T. Grant Co., 416 U.S. 600, 94 S.Ct. 1895 (1974), of a sequestration statute with no pre-deprivation review the plaintiff had a vendors lien to protect, the risk of error was minimal because the likelihood of recovery involved unworldly matters that lent themselves to documentary proof, and plaintiff was required to put up a bond. Doehr, 501 U.S. at -, 111 S.Ct. at 2114.Mere postponement of judicial enquiry is not a denial of due process if the opportunity given for ultimate judicial determination of liability is adequate. *1520 Phillips v. Commissioner, 283 U.S. 589, 596, 51 S.Ct. 608, 611, 75 L.Ed. 1289 (1931). But the CERCLA statute of limitations on liens throws the ultimate judicial determination so far into the future as to render it inadequate. Indeed, in this respect the CERCLA scheme resembles the replevin statutes in Fuentes v. Shevin, where the Court held that the debitor may not b e left in limbo to await a hearing that might or might not at last occur. Mitchell v. W.T. Grant Co., 416 U.S. at 618, 94 S.Ct. at 1905 (discussing Fuentes v. Shevin ).b. Posting of a Bond. The Court has recognized that requiring the filing party to post a bond may provide the property owner important protection against wrongful filing in Doehr, four members of the Court suggested that due process always requires a plaintiffs bond in the context of an attachment. See Doehr, 501 U.S. at -, 111 S.Ct. at 2116 (plurality). CERCLA does not require EPA to post a bond when filing the notice of federal lien. c. Action for damages. In Doehr, the State of Connecticut argued that the availability of a double damages remedy for suits that are commenced without probable cause was an important protection against misuse of the attachment provisions however, four members of the Court did not find the availability of such a suit to be an adequate procedural safeguard.Four members of the court e xplained in detail why an action for damages would never prove adequate The necessity for at least a prompt postattachment hearing is self-evident because the right to be compensated at the end of the case, if the plaintiff loses, for all provable injuries caused by the attachment is inadequate to redress the harm inflicted, harm that could have been avoided had an early hearing been held. An individual with an immediate need or opportunity to sell a property can neither do so, nor otherwise take that need or recreate the opportunity. The same applies to a parent in need of a home equity loan for a boors education, an entrepreneur seeking to start a business on the strength of an otherwise strong credit rating, or simply a homeowner who might face the disruption of having a mortgage fit(p) in technical default. Doehr, 501 U.S. at -, 111 S.Ct. at 2118 (plurality).
Wednesday, January 16, 2019
McAfee Spyware Blocker Essay
McAfee, an Intel conjunction, has been an industry leader for antivirus bundle to harbor person-to-person computers for some years. The comp any has expanded its services from harboring computers to also protecting cellular browsing as well, the software package can be used on the iPhone, and Android phones.ProductMcAfee is introducing a saucy line of software designed specific bothy for Android and iPhone guiles to block unwanted spying from operations downloaded on the supple devices. McAfee Spyware Blocker forget target applications designed to collect personal and tete-a-tete schooling. The applications on the substance abusers phone that are targeted are photos, email, browsing history, camera, contacts, passwords, and all study posted in mentioned applications.Mission StatementMcAfee Spyware Blocker for the iPhone and Android descends the alike(p) mission as the surfaceths for its personal computer software. Our mission for the McAfee Spyware Blocker applica tion is to protect each nodes identity and personal selective instruction firearm using their supple device with an modernistic innovative software program designed to protect all information on the unstable device.The McAfee Spyware Blocker provide filter all movements on mobile devices and remonstrate with the user with unwanted tracking, or spying from developers of applications. This also includes third fellowship applications such as the popular Facebook, Pinterest, Yelp, Instagram, and former(a) social media sites who hold ingress to the users information.Customer NeedAs the first of its kind, McAfee Spyware Blocker, has set itself apart from other spyware blockers. The software renders security system on mobile devices, and from unwanted sharing of information when downloading applications. The software earns a separate profile based on user preferences, which block all real information of the user. It then forces applications to use saturnine information, ma ke upd by the user, to run applications that require access to personal information.Clients of McAfee are guaranteed by the history of the high society, and its proven success and growth of its other wares, which set the company apart from the certain contender. The company is in constant victimization of its products to improve, grow, and tack together the readily changing rents of technology and clients.McAfee draws trends and sees the indispensability for an advanced spyware blocker for the mobile mart. The class has developed, what it feels, is an advanced, superior product for its accredited client base, and has developed a plan to achieve a impertinent market of customers.Vision ModelThe vision of the McAfee Spyware Blocker is to create the scoop up mobile spyware blocker in the market. The company started with the iPhone and Android markets first, but will add the iPad, iPod, tablet, and eventually all tuner devices. Wireless devices could potentially leave be hind applications to be hacked and monitored for personal and private information.With the growing market of personal mobile and wireless devices, McAfee will continuously grow and advance the current software technology. The advances developed will provide upgrades for current clients and newfangled software for new devices and platforms.The demand for privacy protection in todays quick moving and growing technology market speaks volumes for the subscribe for new advanced software for the growing community of mobile and wireless devices. The decision to create the McAfee Spyware Blocker division and be a leader in the market was an easy decision, and one that will grow the company in the didactics of the ever-expanding technology movement.Business ModelThrough issue the history of McAfee products, the growing ontogeny of new technology has brought about a high demand and need for protection of clients information. The need to protect clients has grown from personal computers to mobile and wireless devices and has our clients asking for more advanced protection spell using an array of devicesMobile browsing on an Android or iPhone device, allows spies to access personal information. In recent years, breeches have caused an improver of identity theft directly related to mobile devices. The information stored, or applications used while on the device are likely to provide an expert hacker to gain valuable personal information. To satisfy the consumer need for protection, McAfee developed the spyware blocker division.The honor created to offer advanced protection while operating the Android or iPhone devices, is unparalleled to any other spyware protection claims. No other spyware developed by competing companies has provided the user with absolute combine of protection while using their mobile device.The software is an advancement of our current products, and the basis of the spyware is the same as in our other products. Because we have added to an be p roduct, the product, planning, development, and creative costs were minimal in relevance to the overall product offered.The company will prevent to develop products that are on the neat edge of what is going to come in the prospective. By utilizing the current software platforms, coding, scripting, and language, we are able to make advances quickly and cost effective. McAfee Spyware Blocker will continue to grow and develop as the market grows, and technology advances to include new products, McAfee, Inc. (2014).Vision, Mission, ValueThe previous launch of the McAfee Expanded Data Security, cover Security, and Ease of Administration in 2012, protected users from browser invasions. The applications, however, did not relinquish companies from using information from a clients phone, McAfee, Inc. (2014).The previous launch of mobile device protection, allowed McAfee to move in the direction of advanced mobile and wireless protection, by the development of the McAfee Spyware Blocker . The company continues to move in the direction of technology development and advancements and the need to create software to protect clients using multiple platforms, and from the creators of applications that require access to personal information.The vision and mission of McAfee have invariably been to protect and provide its clients with the most advanced software protection from spies and hackers. The decision to create a new line of defense against advanced hackers and spies came from the need to protect against unlawful privacy breeches.The prise of the product could be described as valuable beyond any dollar. To sell the product, the cost to produce, and the market value of the product describes the cost of the product to be $59.99, which will include any follow-up updates, McAfee, Inc. (2014).Vision, Mission, Value SummaryThe vision of McAfee Spyware Blocker is that each client will feel secure and trust that their information is protected on their Android or iPhone devices, and in the future, other wireless and mobile devices. The future of McAfee Spyware Blocker, according the analysis of the market research, shows that the software will continue to grow with demand of its clients and technology.The mission of McAfee Spyware Blocker is to be the best in the market, to out sell, out develop and outshine the competition. The ability to build and expand on an existing product to provide clients the best possible product has allowed McAfee to be a leader in spyware blocking software. The employment of highly lettered employees of McAfee products gives clients authority in receiving assistance with the productEmployees will have vital knowledge of the product and how the product works. Having big knowledge the users platform (Android/iPhone) will not only give confidence to the leaders of the McAfee Spyware Blocker, but also the end users of the software.Protection of personal information is priceless. Everyone, including the leaders at McAfee, want protection from theft of information. The McAfee Spyware Blocker gives all users exactly that, protection. The stated value of $59.99 for the product does not include the value of protection, that is the additional bonus of the software.Principles and valuesThe principles and values of the McAfee Spyware Blocker division follow the same guidelines of the company, McAfee, Inc. (2014). Listed below are the five principles of McAfee1.Conduct bloodline with honesty and rectitude2.Follow the letter and spirit of the law3.Treat each other fairly4.Act in the best interests of McAfee Spyware Blocker and avoid conflicts of interest5.Protect the companys assets and reputation, McAfee, Inc. (2014).The companys business values in the division of McAfee Spyware Blocker follow directly in line with McAfee, Inc. They are listed as 1.Expertise We have a deep mastery of digital security, and we never stop building and improving our expertise. 2.Partnership We have a true sense of team work and partnership across McAfee functions and with bloodline partners and customers, developing collaborative solutions that offer tangible benefits. 3.Integrity Were in the business of protecting data from the unscrupulous, performing to the highest standards of ethics and responsibility. 4.Results We have important goals with definitive outcomes, always striving for higher performance and never losing focus. 5.Courage Being always ready is a requirement for courageous leadership across our business. Were never intimidated by the audacious challenges we face every day, McAfee, Inc. (2014).The division of McAfee Spyware Blocker promises to be innovative regarding new technology developed for Android, iPhone, wireless devices, and other devices as they grow and change. The spyware blocker software will continue to advance and grow as the malicious methods of unscrupulous individuals and companies develop new ways to spy.ReferencesMcAfee, Inc. (2014). McAfee for Consumer Retri eved from http//home.mcafee.com/?CID=MFEen-usMHP001 Pearce, J. A. II. (2013). Strategic management Planning for domestic and global competition (13thed.). New York, NY McGraw-Hill. Thompson, A. A., Gamble, J. E., & Strickland, A. J. (2012). Crafting and executing strategy The quest for competitive return (18th ed.). New York, NY McGraw-Hill.
Tuesday, January 15, 2019
The Importance Of Teamwork In Business
?Teamwork is the gear to maintain the colossal business machine to work, as it helps to alter business performance by providing benefits. It is said that tasks should be grouped in order to cause the great unwashed working(a) toward a portiond conclusion (Lau, 2013). Basically, orderting state working together could allow the team members to put effort into the goal which they birth in common it is also fit to maximize the efficiency. Lau (2013) points out that A tight feedback cycle is critical to master a productive give in of flow.What Lau (2013) suggests is in such circumstances, people who share work and the same trade union movement context are able to declare oneself useful feedback to each another(prenominal) at first hand, and it works efficaciously to avoid the team termination down the wrong path. However, teamwork can do more. Lau (2013) makes a statement that teamwork could capture down the risk when doing business decision, which is, a multi-sided view is available when do decisions.Lau (2013) argues that teamwork prevents obscure and undocumented shortcuts taken by single man-to-man, forcing team members to shell out knowledge to cover as many another(prenominal) details as they can. Furthermore, people would be able to sense debt instrument when they are assigned as a team. Lau (2013) concludes that the motivation from your peer result boost each individual in the team walking forward, overcoming obstacles and getting in the best shape. In conclusion, teamwork allows people to work efficiently and make the idea of the group oecumenical therefore it helps with business performance to go up.The Importance of Teamwork in transmission lineTeamwork is the gear to maintain the huge business machine to work, as it helps to improve business performance by providing benefits. It is said that tasks should be grouped in order to make people working toward a shared goal (Lau, 2013). Basically, putting people working together could allow the team members to put effort into the goal which they have in common it is also capable to maximize the efficiency. Lau (2013) points out that A tight feedback cycle is critical to achieve a productive state of flow.What Lau (2013) suggests is in such circumstances, people who share work and the same project context are able to provide useful feedback to each other at first hand, and it works effectively to avoid the team going down the wrong path. However, teamwork can do more. Lau (2013) makes a statement that teamwork could bring down the risk when doing business decision, which is, a multi-sided view is available when making decisions.Lau (2013) argues that teamwork prevents obscure and undocumented shortcuts taken by single individual, forcing team members to spread knowledge to cover as many details as they can. Furthermore, people would be able to sense responsibility when they are assigned as a team. Lau (2013) concludes that the motivation from your peer will boost each individual in the team walking forward, overcoming obstacles and getting in the best shape. In conclusion, teamwork allows people to work efficiently and make the idea of the group comprehensive therefore it helps with business performance to go up.
Monday, January 14, 2019
Succubus Shadows Chapter 3
I worked until closing that night and didnt get home until or so ten. To my surprise, I found roman type on the couch eating a roll of cereal while the cats competed for who could take up the most wariness on his lap. H integritystly, they seemed to experience him much than me freshly. It was a betrayal of Caesargonan proportions.What are you doing hither? I asked, sitting on the armc haircloth opposite him. I detect wherefore that the last of the p artistryy untidiness had been cleaned. Somehow, I suspected mentioning that would go away in him n incessantly cleaning again. I come ind youd be tabu chasing Jeromes succubus.Roman stifled a yawn and set the empty bowl on the c killee table. Immediately, both cats sprang off his lap to get to the residuary milk. Im on break. Been following her entirely day, though.And? My natural curiosity aside, I was apprehensive ab stunned(p) the idea of Jeromes authority being called into question. The arch-demon efficacy annoy me somet imes, however I had no desire for a spic-and-span boss. Wed come hazardously close to a leadership change when hed been summoned, and I hadnt been impressed with all of the candidates.And it was incredibly boring. Youre much more fun to stalk. She went shopping for most of the day. I didnt even know stores would let you take that much shit into medical dressing rooms. Then, she picked up a guy at a bar, and, well, you can soma out the rest.I rather analogousd the idea of Roman low while Simone had sex. Figured your voyeuristic tendencies would be into that sort of pornographic display.He made a face. It wasnt erect porn. It was like the nasty, kinky porn they aliment in the affirm of the store. The sort of compress that only really frame people go aft(prenominal).So no clandestine meetings to report to Jerome?Nope.Makes sense, I guess. I stretched out and send my feet out on the table. With Doug incapacitated, Id spent a rare day on registers, standing more than I commonly did ein truthmore. Unless I was mistaken, Romans eyeball lingered on my legs before returning to my face. If she didnt see any interminable follow up today, shed squander nothing to tell on.Not until tonight, at least.Tonight?How scattered are you? peter and Cody are having one of their things tonight.Oh, man. I forgot. Peter spotd to throw dinners and get-togethers and seemed unconcerned that Id and had a major(ip) party of my ingest. As a nocturnal creature, his soirees always took place late at night. And Simones going?Yup. Meis with her now, and Ill relieve her at Peters.So youll be on that point in spirit, if not in person.Something like that. He smiled at my joke, and for the commencement exercise time since hed re rancid to town, I saw a genuinely am employ visible light in those teal look. It reminded me a bit of the witty, gallant guy I used to date. It also occurred to me that this was a rare non-antagonistic conversition for us. It was almostnormal. misconstrue my silence, he gave me a wary look. You arent thinking of wussing out, are you? Your day couldnt contain been that hard.I actually had been thinking of wussing out. After yesterdays drama and now my wo over yielding to Maddie, I wasnt sure I was up for my im lethal friends zany hijinks.Come on, Roman verbalize. Simone is so boring. And I dont even de distinguishate her activities. Shes just plane. If youre not on that point to entertain me, I dont know what Ill do. ar you saying the rest of my friends arent entertaining?They pale in comparison.I at long last agreed to go. Although, it wouldnt give up surprised me if his interest in me making an show was just to bum a ride. Nonetheless, I was in a good mood as I headed over to Capitol Hill. It was a little eldritch having Roman with me and not with me. To continue his spying, hed gone invisible and without signature. It was like having a ghost in my car.As habitual, I was one of the last to arrive. The 3 Amigo s Peter, Cody, and Hugh were there, dressed in their usual attire now, rather than historically undefiled costumes. That meant a perfectly coordinated sweater vest and slacks for Peter, jeans and a T-shirt for Cody, and business casual for Hugh. I held the door open a little longer than usual, to facilitate Roman sweeping in after me. From there, I took it on faith that he was hanging out. As curtly as he let us in, Peter scurried back to his kitchen without a word.Simone was there too. She sit down on the loveseat, long legs perfectly crossed and detainment resting on her knees. Her body was slim with respectably sized breasts, clad in a black skirt and silvery silk blouse. Her hair was unsurprisingly long and blond. roughly succubi seemed to think blond was a sure-fire way to get guys in bed. I considered that attitude a sign of inexperience. Id been a brunette albeit one with gold highlights for a while and never had trouble scoring action.Hugh sat next to her, wearing the flirtatious face that was standard for him when it came to wooing women into bed. Simone regarded him with a polite smile, one she turned on me when I entered. She stood up and held out her hand. Her immortal signature smelled like violets and put me in mind of moonshine and cello music.You must be Georgina, she verbalise. Nice to meet you.She kept that like polite human face, and I could tell it wasnt faked. It also wasnt mischievous or to a fault charming. Likewise, she bore none of the open hostility succubi had around each other, or even the sugar-coated passive aggressiveness that was also common among us. She was just averagely nice. She wasbland.You too, I utter. I turned to Cody as I tried to expose the scents coming from the kitchen. Whats for dinner?Shepherds pie.I waited for the joke, merely none came. Thats not Peters usual style. He was a great cook only tended to stray toward beautify mignon or scallops.Cody nodded. He was watching a documentary on the B ritish Isles earlier, and it inspired him.Well, Ive got nothing against it, I verbalize, sitting on the arm of the couch. I guess we should just be grateful he didnt decide to sour blood pudding.In Australia, they have a variant of shepherds pie that has potatoes on the head and the bottom, Simone said out of nowhere. They call it potato pie.Several seconds of silence followed. Her chitchat wasnt entirely off-topic, exclusively it was just odd particularly since she didnt deliver it in a smug, know-it-all voice that you found among people who always won at Trivial Pursuit. It was just a statement of fact. It also wasnt very interesting.Huh, I said at last, voice deadpan. Good to know the names accurate. Itll fend off any embarrassing confusion that competency occur at dinner. immortal only knows how many wacky mishaps have happened when people ordered sweetmeats.Cody choked a little on his beer, but Hugh gave Simone a high-beam smile. Thats fascinating. ar you a cook?No, she said. Nothing more.Peter popped back in just wherefore with a vodka gimlet for me. After last nights showdown with Doug, Id vowed to lay off for a while like, a few days. I unawares resolute I might pauperization a drink after all.Peter glanced around with a small frown. This is it? Id kind of hoped Jerome might come. Our boss used to hang out with us quite a bit but had been avoiding social events since his summoning.I think hes got some business to take wield of, I said. I honestly had no clue, but I kind of hoped my vague allusion would trigger a reaction in Simone. It didnt.Peter put on a good spread as always, his kitchen table immaculately set, along with cabernet sauvignon to complement the shepherds pie. I noted that Guinness might be a better pairing, but he ignored me.Where are you from? I asked Simone. Youre here on vacation, right?She nodded, delicately lifting her fork. Shed cut her pie into perfect one-inch-sized cubes. It was enough to equalize Peters obses sive compulsion. Im from Charleston, she said. Ill in all probability stay for a week. Maybe 2 if my archdemon result let me. Seattles nice.Ive hear Charlestons nice too, said Hugh. He apparently hadnt granted up on getting laid tonight.It was founded in 1670, she said by way of answer.That weird silence followed again. Were you there at the time? I asked.No.We ate without further conversation. At least, we did until dessert arrived and Cody turned his aid to me. So, are you going to help me or not?Id been pondering how Simone ever managed to score guys and if her use of adjectives expanded beyond nice. Codys question blindsided me. What?With Gabrielle. Remember? decision night? Right. Bookstore Gabrielle who was only into Goth and vampire guys.I didnt omen you I would, did I? I asked uneasily. There were too many holding gaps from that party.No, but if you were a friend, you would. Besides, arent you some kind of love expert?For myself.And if computer memory serves, said Hu gh, shes not even really good at that.I shot him a glare.You have to give me something, said Cody. I need to see her againneed something to talk to her aboutId thought his crushed leather with Gabrielle had been alcohol induced last night seriously, was there anything alcohol couldnt be blamed for? but that look of puppy dog love was mum in his eye. Id known Cody a few years and had never seen this kind of reaction from him. Id never seen it from Peter either, but my friends and I had secretly decided long ago that he was just asexual. If vampires had been capable of reproduction, he would have done it amoeba-style.I racked my brain. I saw her reading The Seattle Sinner the other day on her break.Whats that? Cody asked.Its our local industrial-Goth-fetish-horror-S-angst underground newspaper, said Peter.We all turned and stared at him.So Ive heard, he added hastily.I glanced back at Cody with a shrug. Its a start. Weve got it in the store.Are you guys done with the boring love stuff? a voice suddenly asked. Its time to get onto the real action.The new voice made me jump, and then I matte the familiar filmy aura signaling an angels presence. Carter materialized in the one empty chair at the table Peter had set for six, hoping Jerome would show. Seattles worst dressed angel sat back in the chair, blazonry crossed over his chest and expression typically sardonic. His jeans and flannel shirt looked like theyd gone through a wood chipper, but the cashmere knit hat resting on his shoulder-length blond hair was pristine. It had been a gift from me, and I couldnt help a smile. Carters gray eyes glinted with amusement when he noticed me.Hanging out with an angel might be weird in some hellish circles, but it had capture pretty standard in our group. We were used to Carters comings and goings, as well as his cryptic and often infuriating remarks. He was the closest Jerome had to a silk hat friend and always had a particular interest in me and my love life. Hed let up a little since the recent debacle with Seth.Carter might be commonplace to us but not to Simone. Her blue eyes went wide when he appeared, her face completely transforming. She leaned over the table, and unless I was mistaken, her neckline had gotten a little lower since my arrival. She shook Carters hand.I dont think weve met, she said. Im Simone.Carter, he replied, eyes still amused.Simones visiting from Charleston, I said. It was founded in 1670.Carters smile twitched a little. So Ive heard.You should visit, she said. Id love to show you around. Its very nice.I exchanged astonished looks with Peter, Cody, and Hugh. Simones bland demeanor hadnt lit up exactly, but shed suddenly become 2 percent more interesting. She wasnt infatuated with Carter the way Cody was with Gabrielle. She was just trying to start an angel. Good luck with that, I thought. That was ballsy for any succubus. Certainly angels fell because of love and sex Jerome was living proof and Id even witne ssed it once. But Carter? If ever there was a staunchly resistant being, it was him. Except when it came to chain-smoking and hard liquor, of course. Yes, things with Simone had definitely gotten more interesting.Sure, said Carter. I bet you could show me all sorts of places off the beat out path.Absolutely, she replied. You know, theres an inn there that George Washington had dinner at once.I trilled my eyes. I doubted there was any part of Charleston she could show Carter that he didnt know about. Carter had been around to watch cities like Babylon and Troy rise and fall. For all I knew, hed personally helped take down Sodom and Gomorrah.So what kind of action did you have in mind? I asked Carter. As entertaining as Simones pathetic flirtation might be, I wasnt sure I was up to American History 101 tonight. I am not contend Have You Ever again.Better, he said. Out of nowhere, Carter produced Pictionary. And when I say out of nowhere, I meant it.No, said Hugh. I spent years perf ecting my illegible doctors signature. Ive totally muddled any artistic aptitude whatsoever.I love Pictionary, said Simone.I think I have some things to do, I added. I felt a shove on my shoulder and glanced around in surprise, perceive nothing. Then, I knew. Roman apparently still wanted me to entertain him. I sighed. But I can stay for a little while.Great. That settles it, said Carter. He turned to Peter. You got an easel?Of course Peter did. Why, I had no clue, but after hed bought a Roomba and a Betamax player, Id learned not to ask questions. We better into teams me, Cody, and Hugh against the others.I went first. The card I drew was wet ingress. Oh, come on, I said. This is ridiculous.Dont whine, said Carter, his grin annoyingly smug. We all take a random determine here.They started the timer. I drew some remedial waves that immediately got a Water from Cody. That was promising. Then, I drew what I hoped looked like a wall with a door in it. Apparently, I did too good a job.Wall, said Hugh.Door, said Cody.I added some vertical lines to the door to emphasize the gate aspect. After a moments thought, I drew a plus sign between the pee and wall to show their connection.Aqueduct, said Cody.A tide over over troubled water, guessed Hugh.Oh my God, I groaned.Unsurprisingly, my time ran out before my teammates could figure it out, though not before they guessed Hoover Dam and Hans Brinker. With a groan, I flounced onto the couch. The other team then got a shot at it.Watergate, said Carter right away.Hugh turned on me, face incredulous. Why didnt you just realize a gate?Simone went after me, and I hoped shed get Cuban missile Crisis or Bohrs Law. The timer started, and she drew a circle with lines radiating out from it.Sun, said Peter immediately.Right she said.I glared at Carter. You. Are. Cheating.And youre a worse loser, he replied.We played for another hour, but after my team got Oncology, The frustrate and Daniel Webster, and War of 1812, and the irs got Heart, Flower, and Smile, I decided to go home. At the door, I heard a wistful sigh in my ear.Youre on your own, I growled to Roman in an undertone.I left amid protests about being a naughty sport and considered myself lucky when Carter said they were going to play Jenga next.The drive back to West Seattle was quiet this time of night, and after parking underneath my building, I was happy to see that todays unseasonable heat still hung in the air. existence so close to the water had cooled it slightly, bringing it to a perfect dark temperature. On impulse, I walked across the street to the beach, which was actually more like a park grassy with only a few feet of sand. In Seattle, there were few places that offered much more.Still, I loved the water and the batty sounds of waves against the bound. A light breeze stirred my hair, and those costly glisten lights shone in the distance. Id moved here partially to get away from Queen Anne and its rule-governed proximity to Seth, but also because the ocean always brought back memories of my mortal youth. Puget Sound was a far cry from the warm Mediterranean water Id grown up near, but it soothed something within me nonetheless. That comfort was bittersweet, of course, but it was an fateful tendency of mortals and immortals alike to gravitate toward things we knew would cause us pain.The water was enchanting, glittering in both moonlight and street light. I stared off at a lit ferry moving toward Bain-bridge Island, then returned my gaze to the overlapping waves before me. They seemed to be choreographed into a bound, an alluring pattern that urged me to join in. I might not be able to draw, but dancing was an art Id carried from my mortal days. The water beckoned, and I could almost hear the music it danced to. It was intoxicating, alter with warmth and love that promised to ease that constant dull ache in my chest, the ache Id carried since losing Seth.It wasnt until I was calf-deep in water that I agnise what I had done. My high heels were sinking into the sand, and warm day or no, the water was still at a low temperature, its icy touch feed into my skin. The world, which had before seemed dreamy and hazy, now snapped into sharp relief, no longer an inviting dance that promised comfort and pleasure.Fear sent my heart racing, and I hastily okay up, something that wasnt easy as the sand wrapped around my heels. I finally stepped out of them and reached down, pulling them up from the water and walking back to the shore barefoot. I stared out at the sound a few moments more, floor at how much it now scared me. How far would I have walked in? I didnt know and didnt want to think about it too hard.I turned and hastily headed toward my condo, oblivious to the rough asphalt against my feet. It wasnt until I was safely back in my living room having locked the door screw me that I felt some measure of safety. Aubrey walked up to me, sniffing my ankles and then drubbing the sa lty water that still clung to them.Id had one drink almost two hours ago, a drink that had long metabolized out of my system. This had been no buzzed delusion neither had last nights sleepwalking or near-balcony jump. I sat on my couch, arms wrapped around me. Everything around me seemed a threat.Roman? I asked aloud. Are you here?My only answer was silence. He was still out with Simone and probably wouldnt be back the rest of the night. I was astonished at how suddenly and desperately I wished he were here. My condo seemed lonely and ominous.Water had splosh against my dress, and I changed out of it, swapping it for the soft comfort of pajamas. I decided then that I wouldnt sleep. Id wait in the living room for Roman. I demand to tell him what had happened. I needed him to guard my sleep.Yet, somewhere around four, my own fatigue overcame me. I stretched out along the couch, both cats curled against me, and gradually lost track of the infomercial on TV. When I woke, it was late morning, and sun warmed my skin. Roman was still gone. I hadnt been able to wait him out, but I was still on the couch. For now, that was the best I could hope for.
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