For the reason that plaintiff could not carry out her essential function needed as a shaker table inspector job, the District Court articulate that appellant was not a qualified individual as per the ADA. In addition, the district court the reliable that appellant could not sustain a claim for reasonable accommodation, for the reason that any exclusion from the rotation system would make a danger of increasing the injuries for the pretender and the other table inspectors and therefore, would be arbitrary. In other words, was the case so that no reasonable jury could find that the employee was eligible for reasonable essential accommodation claim under
"While there isn 't enough physical evidence, witnesses say...," is an example of metacommunication in law enforcement. In a romantic relationship, a person could say that they like or dislike when their partner expresses something such as criticism. Since I am not currently, nor have I recently been in a romantic relationship, my example of metacommunication
Even though I have background information and lots of questions about the topic, there were still doubts of whether I would take the best out of these sources. Another concern is the lack of evidence to prove the age of fairy tales, the inelastic plots and fixed places as well. This project will also dwell on making valid arguments for and against the topic based on the information collected from the sources, so that the research paper will not have a biased opinion without consulting as many different versions as
False memories Repressed memories are often recovered in therapy. The issue with treating a repressed memory that was recovered during therapy as contingent for a court case is that there is no way to prove that the therapy did not falsely construct the memory, leading to a false memory. A false memory can be misinterpreted as a repressed memory if the individual, for instance, feels a lot of emotion towards the false memory; “victims may experience ‘denial,’ an unconscious defense against painful or unbearable memories and feelings about the crime” (“How Crime Victims React to Trauma”). However, it is important to note that just because a “memory might be false does not mean that the person is deliberately lying” (Loftus, 1993, p. 525). False memories can be created unintentionally by the unconscious: or another way to explain how a memory can be constructed in therapy and believed to be truly recovered, one can look to false memory theories of “associative activation” and “thematic consistency” (Gallo, 2006, p. 51-53).
Torture may not necessarily guarantee accurate or reliable information at the expense of a potentially innocent person. There is also the possibility of not knowing whether you have been given false information which is not worth turning your back on ethics and
However Ryan and Jethá believe that this form of monogamy goes against true human sexual nature and leads to unhappiness, as well as the need to cope through various distractions. Marlene Zuk disagrees with these arguments, and believes that monogamy in human society is not unnatural. She submits that it is simply not enough to model human nature on closely related species, and she questions what is really known about human ancestors. When considering the evidence, Zuk’s criticisms are more convincing as Ryan and Jethá’s views do not properly reflect modern society; monogamy does not go against true human sexual nature. Although it can be argued that polygamy plays to the true sexual natures of humans, it can also be argued that the nature of human sexuality itself is dependent on it’s environment and the conditions that it exists in.
Additionally, it is difficult to teach this model academically and when utilized inappropriately, can lead to confusion due to the significant categories. Furthermore, since the ICF is a fairly a new concept (2001), there has been little evaluation of the theoretical efficacy of the ICF. Finally, since it takes into consideration the effects of society on an individual, it can become challenging to determine which social factors should be considered to determine the relevancy to the current problem along with the psychological and biological factors. From a return to work and retention perspective, it could be viewed as a disadvantage to utilize this model as the DM professional may not have the resources or the mandate to address the worker’s ability to address and manage their symptoms in various environments and may be considered as an overgeneralization of a person’s ability to function due to the broad
He points out that Finnis fails to explain why there needs to be a general obligation to obey the law. The author refutes that general obligation to obey the law cannot be explained by fairness because there are many innocuous illegal acts which cannot be unfair. Contract and consent to obey the law are often mentioned by advocates of the general obligation to obey. These supporters argue that by living in a society and taking the benefits of a legal system, people implicitly consent to follow the law. However, it must be acknowledged that too few have given consent and such consent is not enough to concede to a whole legal system.
Moreover, according to this perspective, rights require mobilization, which is difficult under circumstances of unequal power. According to Miller and Sarat, when taking into account the myth of rights, “... empirical research demonstrated that mobilization was the exception, not the rule” (Miller and Sarat, 1981). Moreover, according to Rosenberg, empirical research also suggests that “... litigation fails to produce lasting social change because courts lack institutional authority to implement radical
Yet, sometimes it is really hard for the mind to analyze what actually occurred as to what one thinks happened. Gould remarks, “But certainty is also a great danger, given the notorious fallibility--and unrivaled power--of the human mind,” (Gould 1). Although Gould recognizes that his description of his memory is entirely wrong, he provides the example of how Elizabeth Loftus discovered that the mind is very powerful, but can at times fail to do its job properly. Therefore, in a way it was not entirely Gould’s fault for accidentally providing some falsify
One of the main problems Dahl faces is limited data presented to support his claims of the relationship between the Court and Congress. There is a case selection problem, along with a small timeframe of cases which can skew the results. By only focusing on a short term data set, you face the problem of not being able to identify if the results are actually relevant or if there might be something else causing the relationship to function as Dahl claims it does. While he comes to a conclusion that might actually be relevant, his research does not adequately support his
Silver stated that a challenger to the statute could argue that the state asserted interests are pretexts for administrative costs effectiveness. Also, if the state does not establish the necessity, the action will fail because the procedure is not narrowly tailored. Sterilization places a major burden on someone’s right to have children since the procedure is most likely irreversible. People who want to challenge these involuntary sterilization laws could win but due to procedure obstacles and practical considerations, plaintiffs have a difficult time getting it to
Eyewitness Identification & Wrongful Conviction Introduction According to Matlin (2013), eyewitness testimonies can be inaccurate for a few reasons including the inability to pick a person from another ethnic group, issues with memory schemas, and being influenced by someone else 's recall of the facts. Therefore, eyewitness testimony is not always the most reliable when faced with trying to place a suspect at the scene of a crime. Wrongful convictions can happen when an eyewitness recalls memories and details that are not their own or in cases where the person seems familiar to the eyewitness but not because they committed a crime. Summary It was informative and interesting to read "Safeguards against wrongful conviction in eyewitness