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Personal Interviews
Personal interviews are not included in the reference list
because they are not considered recoverable data. You may cite
them within the text as a personal communication.
In-text citation:
Eating too much sugar is unhealthy (J. Donahue, personal
communication, April 19, 2014).
According to J. Donahue (personal communication, April 19,
2014) eating too much sugar is unhealthy.
If you have read or listened to the interview (i.e they are
retrievable in audio or print form), use the reference format
appropriate for the source.
Interviews you conduct and other communication you receive
that other people would not be able to locate are cited with in
text citations only. Items that are recoverable, such as letters in
an archive or recorded interviews available online, are not cited
this way. Like author names, APA requires first names of
interviewees be reduced to initials, which are included in the in-
text citations since there is no reference list entry.
Like other in-text citations, the citation can appear at the end of
the sentence, or you can work it into the sentence.
Format:
(A. A. Interviewee last name, personal communication, Month
Day, Year)
Examples:
End of Sentence:
(J. A. Doe, personal communication, September 12, 2014).
Incorporated into sentence:
In an interview, J.A. Doe (personal communication, September
12, 2014), stated that in her experience....
If you would like to include a personal interview as part of your
APA reference list, then include the interviewee, the date of the
interview, and the type of interview.
Structure:
Last name, FI. (Year, Month date). Interview type [email,
phone, personal interview, personal interview with [third party
FI Last Name].
Example:
Cloyd, A. (2014, July 29). Personal interview.
Legal and Ethical Issues in Management
1
LEGAL AND ETHICAL ISSUES IN MANAGEMENT 8
Legal and Ethical Issues in Management
Name
Institution
Legal and Ethical Issues in Management
Gemma and James have created a prototype robotic device that
they have naked Phoebe. It is a dream of every individual that
wants to start a business to prosper and earn as many profits as
possible. Therefore, both Gemma and James have to internalize
the partnership, corporation, and limited liability company
would best fit their business entity. Considering starting up a
business, you have to take into account the kind of business
form that will best suit your business. These will help you
minimize startup costs, avoid complex government regulations
and laws requirements.
In the United States, more than 10 percent of businesses are
formed through partnership though the majority is a small and
medium-sized business. It is generally easy and less costly to
form compared to a corporate kind of business or limited
liability company. In this form of business, the impact of
business can be resolved using the partnership agreement that
points out the rights and roles that each party is mandated to
follow (Skripak, Cortes, and Walz,2016). It is the best way of
bringing together different forms of ideas and talents to run the
business. However, it might not prove ideal in the case of
Gemma and James since this is a business that would require
more resources in the future. It might reach a point in which
contributing more resources to support the operations and
expansion of the business becomes hard. It is, however, prudent
to consult the professionals when setting up this kind of
business agreement.
The corporation is different from the partnership and limited
liability company based on the legal entity that will be created
to separate both Gemma and James. According to Skripak et al.
(2016), corporations in the United States are about 18 percent,
which raises 82 percent revenue annually. Unlike a partnership,
the corporation creates a board that oversees the operations of
the business. They also set goals for the management and hold
them accountable to achieve the set goals. Its advantage over
partnership varies from limited liability for shareholders,
specialized management, accessibility to more financial
resources, and continuity of the business. The chances are that
in partnership, in case one person between Gemma and James
dies, the business might fail or be dissolved. The corporation is
built on the legal life separate from the owners, and therefore it
can forever exist even when one owner dies. The transfer of
ownership in the corporation is simple as shareholders are only
required to sell their shares to others but not to the general
public. The power to acquire funds from the banks and other
lending bodies for corporations is very high compared to that of
partnership. It is vital for the management of the small
organizations to not that once their businesses have reached a
substantial size, it is better to shift that given business into a
corporation for the owners to limit their liability.
Limited liability company is a legal form of organization that
combines all the attractive characteristics of both corporation
and partnership. Limited liability company provides owners of
the business with limited liability, which is one of the
advantages that corporations. It also has no double taxation,
just like partnership and proprietorships. In this case, Gemma
and James will not be liable for any debt of this company, and
their earnings would only be taxed once at a personal level.
Limited –liability companies are permitted to have as low as
one member (Skiripak et al., 2016). It is recommendable that
Gemma and James both adopt the limited liability company
form of business to enjoy both the advantages that they could
have enjoyed when operating under the corporation and
partnership form of business. Phoebe robot is one of some
lucrative businesses that would require more sophisticated
resources to operate, therefore choosing a partnership would not
be an ideal option. Apart from resources, this kind of business
would need a lot of man powers that only a few individuals
would not be fit to manage it. All the advantages that come with
limited liability companies make it a better choice.
Gemma and James should also consider the legal environment
where they are considering setting their base. Therefore, they
should consider making possible preparations in time and adjust
fast to the factors and forces that come from the
microenvironment. The legal environment of the business
permanently changes; this is because new businesses are created
influences the economic nature of the market (Nogal-Meger,
2018). If Gemma and James understand the legal environment in
a better way, it might help then to avoid liability and minimize
risks that the company might have in the future. Economic
theory states that risks are associated with the conception of
uncertainty to indicate the significant differences between
environmental factors and forces.
Since the legal environment is continually changing over time,
Gemma and James need to ensure that their managers continue
to access education on future legal changes. Phoebe is a
technology-based. The world of technology keeps on changing
over and over time. One of the challenges that a manager must
face is change. Top management of the company must remain
open and adapt to changes, keeping updated with technological
trends. Information overload is another challenge that today’s
manager face. It affects decision making, and it is prudent to
educate the managers on the best way to extract valuable
information from databases. It is challenging to transform
extracted data into strategic guidance.
The main intellectual property that is in the business
environment includes trade secrets, copyrights, trademarks, and
patients. Trade secrets include devices, strategies and
information, systems, and formulas that are only known by the
company. Trade secrets safeguard any information that has an
economic value and has been kept away from the public domain
for a reasonable purpose. It protects the processes, methods,
formulas, and devices for a duration as long as possible. The
costs for trade secrets are weighed based on the competitive
significances of the secret against the cost of protection given
for the secret. Trademark is the assets that define the source of
the given product that the company offers. It does not
necessarily need the government to approve for it to effective
(Arrasvuori, Liang, Wen & Kuusisto, 2017). Copyright is
another type of intellectual property that protects the authorship
of the original work based on how it is expressed. It does not
protect ideas. The benefit that copyright gives to the owners is
the privilege to control the performance, distribution, public
performance, and new versioning. Gemma and James are yet to
present their idea in a bid to gain funds from financial
institutions. The importance of copyright is promoting and
spreading creativity but with the mind of balancing the interest
of copyright owners. Phoebe is an original work that Gemma
and James are coming up with and would like to improve on the
next phase. Therefore, they should consider the originality of
their ideas.
Case law includes the 1991 United States Supreme Court
between Feist Publications Inc. v. Rural Telephone Service Co.,
which made it clear that constitutionally, originality is required
(Yu, 2019). It was the basis that the United States courts would
not go easy on the individual that is found violating originality
standard, especially for the foreign country in any law copyright
case. Later in the 1998 case of Bridgeman Art Library, Ltd. v.
Corel Corp. in New York, where the British law was mandated
to figure out whether the case met the originality requirement
for copyright protection. The court was initially misled but later
corrected the mistakes by conceding to the United States law
that governs the copyright originality.
The crucial type of intellectual property in the case of Gemma
and James over Clarence is the patents. Patents give property
rights to the owner of the invention, preventing other people
from using, making, and selling the invention. It is a dream of
every individual that wants to enter a given market to have a
competitive advantage, and that is achievable through invention.
The United State Patent and Trademark Office (USPTO), allow
inventors to gain patent rights through filling application forms.
The patent rights can be divided into utility, design, and plant.
Utility patent it the center focus in the Phoebe invention since it
covers process, article of manufacture, new and useful
improvements, and the machine. For any company to qualify for
a patent right, their invention has to be novel, has usefulness,
and nonobvious. Therefore, it has to be new, and nobody has
any idea of it, that is what is known as a novel. It is what must
be protected from Clarence, who had been hanging around their
lab. Patent protection gives the holder power to take any legal
actions against any person that has copied the invention.
The three types of patent take different periods when into
action. Both utility and plant take 20 years while a design
patent lasts for 14 years. A case study of Global-Tech.
Appliances, Inc. v. SEB S.A., where the Supreme Court was
solving the case where Pentalpha copied a SEB deep fryer since
their cool-touch technology seemed to have had success in the
commercial. Pentalpha did not inform the attorney that the fryer
was copied from SEB’s fryer and continued to export it to
various retailers. The court analyzed the situation and assumed
that patents had not provided the required notice for potential
infringers (McJohn, 2018). It is, therefore, important for
Gemma and James to consider taking action against Clarence.
Alternative Dispute Resolution describes different styles that
companies use to resolve legal disputes. Arbitration is one form
of ADR which involves solving disputes outside the
courthouses. The two parties have to agree on the decision of
the arbitrator(s). it can be either voluntary or mandatory for the
conflicting parties to engage in arbitration. Another form of
ADR is mediation, which means all each party meets with an
experienced neutral mediator. Each party is allowed to describe
the problem and its desire.
An example is the Federal Court of Australia, which had a
mediation program for alternative dispute resolution from 1987.
In 2002 between Hurst v Leeming where Lighman started that
alternative dispute resolution forms part of the civil justice
system. Conciliation is another alternative dispute resolution
through the use of a conciliator. The role of the conciliator has
a role in lowering the tension, improving, and providing
technical assistance (McGuinness, 2016). It is different from
arbitration. It is based on right based v. interest-based
resolution.
References
Arrasvuori, J., Liang, L., Wen, G., & Kuusisto, J. (2017). 5.
Defending territory: changing forms of intellectual
protection. Capturing the Innovation Opportunity Space:
Creating Business Models with New Forms of Innovation.
McJohn, S. (2018). Top Tens in 2017: Patent, Trademark,
Copyright, and Trade Secret Cases. Nw. J. Tech. & Intell.
Prop., 16, 41.
Nogal-Meger, P. (2018). The quality of business legal
environment and its relation with business
freedom. International Journal of Contemporary
Management, 17(2), 111-136.
Skripak, S. J., Cortes, A., & Walz, A. (2016). Entrepreneurship:
Starting a Business. Fundamentals of Business, 132-162.
Yu, P. K. (2019). State-to-State and Investor-State Copyright
Dispute Settlement. COPYRIGHT IN ACTION:
INTERNATIONAL PERSPECTIVES ON REMEDIES, Ysolde
Gendreau, ed., Les Éditions Thémis, 19-16.
INTERVIEW QUESTIONS
1. How does assessment data drive instruction and the literacy
framework?
Data driven instruction is imperative in order to close gaps and
ensure all students are growing, no matter what level they arrive
to you on. An effective assessment will allow you to collect
data, analyze the data to see areas of strengths and weaknesses
for each child, and to provide interventions in a timely manner.
Assessment data also allows you to adjust your teaching when
needed and to form ability groups which focus on the specific
needs of students. Formal assessments are good for assessing
students reading but to me, informal reading assessments are
best. Observing students reading and talking about reading and
questioning them about the reading works best when trying to
determine their level of comprehension and ability to draw
conclusions and make inferences. The data collected helps a
teacher to decides how to approach the whole group lesson, how
to group kids for small group, and which literacy strategies to
focus on.
2. What data collection methods are used to track and monitor
student progress?
One way to track students’ growth and monitor their progress is
through formal assessments. I like to begin each unit with a pre-
assessment to gauge where my students are and what they are
already know on the topic. This data gives me a good starting
point to track my students’ growth throughout the unit. I usually
give my students a short assessment midway through the topic
to make sure we are on track and to see when anyone is falling
behind and be able to intervene immediately. I also end every
unit with a formal assessment to see how much each student has
grown and to form groups for re-teaching. Other ways to
monitor student progress are constantly and consistently
observing students as they work and hold academic
conversations. This allows you to clear any misconceptions the
students may still be having. Daily exit tickets and warm ups
also allows me the opportunity to see what information my kids
are understanding and areas we still need to grow.
What technology tools are used to focus on continuous and
effective data collection and analysis?
I currently use a data tracker on an Excel spreadsheet to track
my students’ formal assessments. Every test they take gets
entered onto the chart and the spreadsheet gives me an average
of all the test taken but it also creates a bar graph for me that
visually shows me whether a student is growing, stagnant, or
declining. I have my students fill out a similar bar graph in their
data folders so that they can see their growth and begin to want
to take accountability of their learning.
3. How are assessment results shared with students and
students’ families?
Formal assessment results are usually shared with parents first
and then with students. We want to make sure that we include
the parents in the learning process as they are a key factor in
the students’ academic career. During this conversation, we
start off by discussing the areas of strength and topics the
student performs well on then move to areas that need more
work. I inform the parent the steps I plan to take as a teacher to
ensure their growth and provide them with tips and websites
they can use at home to help as well. After having met with the
parent, I hold individual meetings with the student to discuss
the same topics. We discuss areas they excelled in and areas we
will work together on to grow. This again makes sure the
student is involved in the learning process and taking ownership
of their learning. Students must be aware of their glows and
grows.
4. What does a successful comprehensive literacy framework
include?
Comprehensive literacy is used at the elementary level to create
a bases for children to improve on their reading, writing, and
speaking skills. This system is designed to meet the child where
they are and grow them, no matter the level they came to you
on. The framework should include whole group mini lessons,
small group instruction and guided reading, read aloud, think
aloud, independent reading, and writing. Students should be
continuously exposed to a variety of literature and the teacher
must model for the student fluency, ways to be engage with the
book, and think aloud. The teacher should be showing the
student “what good readers do” on a daily basis so that they can
eventually release the students to perform the task on their own
during their independent reading time.
5. What does a typical literacy block of instruction include?
6. What steps are taken to develop a literacy framework that
meets the needs of all students? Students should be given a pre-
assessment to determine their current level of abilities. We
usually do this with a computer based program called REN 360
or a teacher led assessment called DRA. The comprehensive
literacy approach can then be used to ensure you are addressing
the needs of all students. The ELA block should have a schedule
that incorporates daily opportunities for students to receive
whole group lessons that include read aloud and think aloud
where the teacher shows the student how to interact with the
reading. Reading and writing workshops should be implemented
as well as guided reading and independent reading where kids
can practice the skills they have been learning whole group.
Word study is also a key component to comprehension and
fluency and should be implemented in the literacy program.
7. What steps are taken to monitor and adjust instruction based
on student needs?
Student progress can be monitored at the beginning of a lesson
by giving entry tickets and warms ups and using warm up time
to pull small groups. During the lesson students can be
monitored using observations, asking open ended questions and
techniques such as thumbs up/down and fist to five. At the end
of the lesson there should always be some sort of closing
activity such as an exit ticket to assess the days learning and
guide the next day’s instruction. Formal and informal
assessments should be used continuously throughout a unit so
that you don’t wait until the conclusion of the unit to realize the
students did not understand the concept. All these strategies can
be used to make changes to the instruction. They let you know
whether you need to go back and reteach whole group or focus
your attention on specific kids. Closely monitoring your
students allows you to see sooner than later where the gaps are
and how to close them.
8. What technology tools are utilized in the classroom to
reinforce and develop literacy curricular concepts outlined in
the literacy framework?
REN 360 is the tool we use to assess the students reading levels
in our school. Students are tested beginning, middle, and end of
the year to track their growth. We also use tools such as
Education Galaxy, Seasaw, and Brainpop to reinforce literacy
skills. We live in a digital time where kids are very much
interested in technology, so it is important to incorporate it into
the curriculum as a way to motivate, equip, and inspire.
The person I interviewed information:
(C. Davis, personal communication, April 27, 2020).
Name
Class
Instructor
Date
Clinical Field Experience A: Literacy Assessment and
Framework
Template
INTRODUCTION:
Literacy Assessment Practices:
Description of how the assessment practices are related to
literacy, their appropriate use, and identified purpose when
identifying individual student needs is through and
demonstrates higher-order thinking.
Literacy Assessment Tools:
Description of literacy assessment tools is extensive and
skillfully details their use in measuring student literacy skills.
Instructional Choices:
Description proficiently represents how cognitive, emotional,
social, and developmental needs of students are factored into
instructional choices.
Examples for Interview:
Reflection provides quality examples of literacy assessment,
literacy framework, monitoring student needs, and the use of
technology in the classroom.
Conclusions and Applications to Future Practice:
Conclusions and applications to future practice are insightful,
demonstrate a keen awareness of the needs of the students, and
clearly reflect growth and development as a professional.
· TEMPLATE I MADE FROM THE RUBRIC SO THAT
EVERYTHING IS INCLUDED IN THE PAPER AND
NOTHING IS MISSED.
· SHOULD BE 6 SECTIONS ACCORDING TO IT... An
INTRODUCTION, 4 PARTS, AND A CONCLUSION
· PLEASE REVIEW RUBRIC BEFORE AND AFTER THE
ASSIGNMENT
· PLEASE DELETE THE INFO AS YOU GO
Clinical Field Experience A: Literacy Assessment and
Framework
This field experience will provide you practical experience and
modeled application regarding how teachers assess literacy, as
well as explicit information about how data collection drives
further instruction. You will also be exposed to how the
cognitive, emotional, social, and developmental needs of
students are factored into instruction choices.
Allocate at least 5 hours in the field to support this field
experience.
Observe, interview, and collaborate with a Grade 1‐3 certified
general education teacher, focusing on literacy assessment.
Your interview should address the following:
1. How does assessment data drive instruction and the literacy
framework?
2. What data collection methods are used to track and monitor
student progress? What technology tools are used to focus on
continuous and effective data collection and analysis?
3. How are assessment results shared with students and
students’ families?
4. What does a successful comprehensive literacy framework
include?
5. What does a typical literacy block of instruction include?
6. What steps are taken to develop a literacy framework that
meets the needs of all students?
7. What steps are taken to monitor and adjust instruction based
on student needs?
8. What technology tools are utilized in the classroom to
reinforce and develop literacy curricular concepts outlined in
the literacy framework?
Use any remaining field experience hours to assist the teacher
in providing instruction and support to the class. Focus your
observations and collaboration on literacy assessment practices.
In 250‐500 words, reflect upon your observation, interview, and
collaboration, highlighting how the mentor teacher uses literacy
assessment and a literacy framework in the classroom.
Summarize and reflect upon your experience and explain how
you will use your findings in your future professional practice.
APA format is not required, but solid academic writing is
expected.
This assignment uses a rubric. Review the rubric prior to
beginning the assignment to become familiar with the
expectations for successful completion.
You are required to submit this assignment to LopesWrite.
Refer to the LopesWrite Technical Support articles for
assistance.
Document the locations and hours you spend in the field on
your Clinical Field Experience Verification Form.
Submit the Clinical Field Experience Verification Form to the
LMS in the last topic. Directions for submitting can be found on
the College of Education site in the Student Success Center.
Rubic_Print_FormatCourse CodeClass CodeAssignment
TitleTotal PointsELM-305ELM-305-O501Clinical Field
Experience A: Literacy Assessment and
Framework35.0CriteriaPercentageNo Submission
(0.00%)Insufficient (65.00%)Approaching (75.00%)Acceptable
(85.00%)Target (100.00%)CommentsPoints
EarnedCriteria100.0%Literacy Assessment Practices20.0%Not
addressed.Description of how the assessment practices are
related to literacy, their appropriate use, and identified purpose
when identifying individual student needs is missing or
underdeveloped.Description somewhat connects how the
assessment practices are related to literacy, and sufficiently
details their appropriate use, and identified purpose when
identifying individual student needs.Description of how the
assessment practices are related to literacy, their appropriate
use, and identified purpose when identifying individual student
needs is clear.Description of how the assessment practices are
related to literacy, their appropriate use, and identified purpose
when identifying individual student needs is through and
demonstrates higher-order thinking.Literacy Assessment
Tools20.0%Not addressed.Description of literacy assessment
tools is vague and does not sufficiently detail their use in
measuring student literacy skills.Description of literacy
assessment tools attempts to detail their use in measuring
student literacy skills.Description of literacy assessment tools is
accurate and appropriately details their use in measuring student
literacy skills.Description of literacy assessment tools is
extensive and skillfully details their use in measuring student
literacy skills.Instructional Choices20.0%Not
addressed.Description inadequately represents how cognitive,
emotional, social, and developmental needs of students are
factored into instructional choices.Description sufficiently
represents how cognitive, emotional, social, and developmental
needs of students are factored into instructional
choices.Description effectively represents how cognitive,
emotional, social, and developmental needs of students are
factored into instructional choices.Description proficiently
represents how cognitive, emotional, social, and developmental
needs of students are factored into instructional
choices.Examples for Interview15.0%Not addressed.Reflection
omits or weakly provides relevant examples of literacy
assessment, literacy framework, monitoring student needs, and
the use of technology in the classroom.Reflection attempts to
provide relevant examples of literacy assessment, literacy
framework, monitoring student needs, and the use of technology
in the classroom, but more detailed examples could be
given.Reflection provides considerable examples of literacy
assessment, literacy framework, monitoring student needs, and
the use of technology in the classroom.Reflection provides
quality examples of literacy assessment, literacy framework,
monitoring student needs, and the use of technology in the
classroom.Conclusions and Applications to Future
Practice10.0%Not addressed.Responses on applying conclusions
to practice are not related to assignment or not
submitted.Conclusions and applications to future practice are
lacking in detail but are appropriate for the elementary
setting.Conclusions and applications to future practice are
thoughtful, realistic for the classroom setting, and reflect
professional growth.Conclusions and applications to future
practice are insightful, demonstrate a keen awareness of the
needs of the students, and clearly reflect growth and
development as a professional.Organization5.0%Not
addressed.An attempt is made to organize the content, but the
sequence is indiscernible. The ideas presented are
compartmentalized and may not relate to each other.The content
is adequately organized, generally providing the audience with a
sense of the main idea.The content is logically organized. The
ideas presented relate to each other. The content provides the
audience with a clear sense of the main idea.The content is
well-organized and logical. There is a sequential progression of
ideas that relate to each other. The content is presented as a
cohesive unit and provides the audience with a clear sense of
the main idea.Mechanics of Writing (includes spelling,
punctuation, grammar, and language use)10.0%Not
addressed.Frequent and repetitive mechanical errors distract the
reader. Inconsistencies in language choice (register) and/or
word choice are present.Submission includes some mechanical
errors, but they do not hinder comprehension. A variety of
effective sentence structures are used, as well as some practice
and content-related language.Submission is largely free of
mechanical errors, although a few may be present. The writer
uses a variety of effective sentence structures and figures of
speech, as well as appropriate practice and content-related
language.Submission is virtually free of mechanical errors.
Word choice reflects well-developed use of practice and
content-related language. Sentence structures are varied and
engaging.Total Weightage100%

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Personal InterviewsPersonal interviews are not included in the r.docx

  • 1. Personal Interviews Personal interviews are not included in the reference list because they are not considered recoverable data. You may cite them within the text as a personal communication. In-text citation: Eating too much sugar is unhealthy (J. Donahue, personal communication, April 19, 2014). According to J. Donahue (personal communication, April 19, 2014) eating too much sugar is unhealthy. If you have read or listened to the interview (i.e they are retrievable in audio or print form), use the reference format appropriate for the source. Interviews you conduct and other communication you receive that other people would not be able to locate are cited with in text citations only. Items that are recoverable, such as letters in an archive or recorded interviews available online, are not cited this way. Like author names, APA requires first names of interviewees be reduced to initials, which are included in the in- text citations since there is no reference list entry. Like other in-text citations, the citation can appear at the end of the sentence, or you can work it into the sentence. Format: (A. A. Interviewee last name, personal communication, Month Day, Year) Examples: End of Sentence: (J. A. Doe, personal communication, September 12, 2014). Incorporated into sentence: In an interview, J.A. Doe (personal communication, September 12, 2014), stated that in her experience.... If you would like to include a personal interview as part of your
  • 2. APA reference list, then include the interviewee, the date of the interview, and the type of interview. Structure: Last name, FI. (Year, Month date). Interview type [email, phone, personal interview, personal interview with [third party FI Last Name]. Example: Cloyd, A. (2014, July 29). Personal interview. Legal and Ethical Issues in Management 1 LEGAL AND ETHICAL ISSUES IN MANAGEMENT 8 Legal and Ethical Issues in Management Name Institution Legal and Ethical Issues in Management Gemma and James have created a prototype robotic device that they have naked Phoebe. It is a dream of every individual that wants to start a business to prosper and earn as many profits as possible. Therefore, both Gemma and James have to internalize the partnership, corporation, and limited liability company would best fit their business entity. Considering starting up a business, you have to take into account the kind of business form that will best suit your business. These will help you
  • 3. minimize startup costs, avoid complex government regulations and laws requirements. In the United States, more than 10 percent of businesses are formed through partnership though the majority is a small and medium-sized business. It is generally easy and less costly to form compared to a corporate kind of business or limited liability company. In this form of business, the impact of business can be resolved using the partnership agreement that points out the rights and roles that each party is mandated to follow (Skripak, Cortes, and Walz,2016). It is the best way of bringing together different forms of ideas and talents to run the business. However, it might not prove ideal in the case of Gemma and James since this is a business that would require more resources in the future. It might reach a point in which contributing more resources to support the operations and expansion of the business becomes hard. It is, however, prudent to consult the professionals when setting up this kind of business agreement. The corporation is different from the partnership and limited liability company based on the legal entity that will be created to separate both Gemma and James. According to Skripak et al. (2016), corporations in the United States are about 18 percent, which raises 82 percent revenue annually. Unlike a partnership, the corporation creates a board that oversees the operations of the business. They also set goals for the management and hold them accountable to achieve the set goals. Its advantage over partnership varies from limited liability for shareholders, specialized management, accessibility to more financial resources, and continuity of the business. The chances are that in partnership, in case one person between Gemma and James dies, the business might fail or be dissolved. The corporation is built on the legal life separate from the owners, and therefore it can forever exist even when one owner dies. The transfer of ownership in the corporation is simple as shareholders are only required to sell their shares to others but not to the general public. The power to acquire funds from the banks and other
  • 4. lending bodies for corporations is very high compared to that of partnership. It is vital for the management of the small organizations to not that once their businesses have reached a substantial size, it is better to shift that given business into a corporation for the owners to limit their liability. Limited liability company is a legal form of organization that combines all the attractive characteristics of both corporation and partnership. Limited liability company provides owners of the business with limited liability, which is one of the advantages that corporations. It also has no double taxation, just like partnership and proprietorships. In this case, Gemma and James will not be liable for any debt of this company, and their earnings would only be taxed once at a personal level. Limited –liability companies are permitted to have as low as one member (Skiripak et al., 2016). It is recommendable that Gemma and James both adopt the limited liability company form of business to enjoy both the advantages that they could have enjoyed when operating under the corporation and partnership form of business. Phoebe robot is one of some lucrative businesses that would require more sophisticated resources to operate, therefore choosing a partnership would not be an ideal option. Apart from resources, this kind of business would need a lot of man powers that only a few individuals would not be fit to manage it. All the advantages that come with limited liability companies make it a better choice. Gemma and James should also consider the legal environment where they are considering setting their base. Therefore, they should consider making possible preparations in time and adjust fast to the factors and forces that come from the microenvironment. The legal environment of the business permanently changes; this is because new businesses are created influences the economic nature of the market (Nogal-Meger, 2018). If Gemma and James understand the legal environment in a better way, it might help then to avoid liability and minimize risks that the company might have in the future. Economic theory states that risks are associated with the conception of
  • 5. uncertainty to indicate the significant differences between environmental factors and forces. Since the legal environment is continually changing over time, Gemma and James need to ensure that their managers continue to access education on future legal changes. Phoebe is a technology-based. The world of technology keeps on changing over and over time. One of the challenges that a manager must face is change. Top management of the company must remain open and adapt to changes, keeping updated with technological trends. Information overload is another challenge that today’s manager face. It affects decision making, and it is prudent to educate the managers on the best way to extract valuable information from databases. It is challenging to transform extracted data into strategic guidance. The main intellectual property that is in the business environment includes trade secrets, copyrights, trademarks, and patients. Trade secrets include devices, strategies and information, systems, and formulas that are only known by the company. Trade secrets safeguard any information that has an economic value and has been kept away from the public domain for a reasonable purpose. It protects the processes, methods, formulas, and devices for a duration as long as possible. The costs for trade secrets are weighed based on the competitive significances of the secret against the cost of protection given for the secret. Trademark is the assets that define the source of the given product that the company offers. It does not necessarily need the government to approve for it to effective (Arrasvuori, Liang, Wen & Kuusisto, 2017). Copyright is another type of intellectual property that protects the authorship of the original work based on how it is expressed. It does not protect ideas. The benefit that copyright gives to the owners is the privilege to control the performance, distribution, public performance, and new versioning. Gemma and James are yet to present their idea in a bid to gain funds from financial institutions. The importance of copyright is promoting and spreading creativity but with the mind of balancing the interest
  • 6. of copyright owners. Phoebe is an original work that Gemma and James are coming up with and would like to improve on the next phase. Therefore, they should consider the originality of their ideas. Case law includes the 1991 United States Supreme Court between Feist Publications Inc. v. Rural Telephone Service Co., which made it clear that constitutionally, originality is required (Yu, 2019). It was the basis that the United States courts would not go easy on the individual that is found violating originality standard, especially for the foreign country in any law copyright case. Later in the 1998 case of Bridgeman Art Library, Ltd. v. Corel Corp. in New York, where the British law was mandated to figure out whether the case met the originality requirement for copyright protection. The court was initially misled but later corrected the mistakes by conceding to the United States law that governs the copyright originality. The crucial type of intellectual property in the case of Gemma and James over Clarence is the patents. Patents give property rights to the owner of the invention, preventing other people from using, making, and selling the invention. It is a dream of every individual that wants to enter a given market to have a competitive advantage, and that is achievable through invention. The United State Patent and Trademark Office (USPTO), allow inventors to gain patent rights through filling application forms. The patent rights can be divided into utility, design, and plant. Utility patent it the center focus in the Phoebe invention since it covers process, article of manufacture, new and useful improvements, and the machine. For any company to qualify for a patent right, their invention has to be novel, has usefulness, and nonobvious. Therefore, it has to be new, and nobody has any idea of it, that is what is known as a novel. It is what must be protected from Clarence, who had been hanging around their lab. Patent protection gives the holder power to take any legal actions against any person that has copied the invention. The three types of patent take different periods when into action. Both utility and plant take 20 years while a design
  • 7. patent lasts for 14 years. A case study of Global-Tech. Appliances, Inc. v. SEB S.A., where the Supreme Court was solving the case where Pentalpha copied a SEB deep fryer since their cool-touch technology seemed to have had success in the commercial. Pentalpha did not inform the attorney that the fryer was copied from SEB’s fryer and continued to export it to various retailers. The court analyzed the situation and assumed that patents had not provided the required notice for potential infringers (McJohn, 2018). It is, therefore, important for Gemma and James to consider taking action against Clarence. Alternative Dispute Resolution describes different styles that companies use to resolve legal disputes. Arbitration is one form of ADR which involves solving disputes outside the courthouses. The two parties have to agree on the decision of the arbitrator(s). it can be either voluntary or mandatory for the conflicting parties to engage in arbitration. Another form of ADR is mediation, which means all each party meets with an experienced neutral mediator. Each party is allowed to describe the problem and its desire. An example is the Federal Court of Australia, which had a mediation program for alternative dispute resolution from 1987. In 2002 between Hurst v Leeming where Lighman started that alternative dispute resolution forms part of the civil justice system. Conciliation is another alternative dispute resolution through the use of a conciliator. The role of the conciliator has a role in lowering the tension, improving, and providing technical assistance (McGuinness, 2016). It is different from arbitration. It is based on right based v. interest-based resolution.
  • 8. References Arrasvuori, J., Liang, L., Wen, G., & Kuusisto, J. (2017). 5. Defending territory: changing forms of intellectual protection. Capturing the Innovation Opportunity Space: Creating Business Models with New Forms of Innovation. McJohn, S. (2018). Top Tens in 2017: Patent, Trademark, Copyright, and Trade Secret Cases. Nw. J. Tech. & Intell. Prop., 16, 41. Nogal-Meger, P. (2018). The quality of business legal environment and its relation with business freedom. International Journal of Contemporary Management, 17(2), 111-136. Skripak, S. J., Cortes, A., & Walz, A. (2016). Entrepreneurship: Starting a Business. Fundamentals of Business, 132-162. Yu, P. K. (2019). State-to-State and Investor-State Copyright Dispute Settlement. COPYRIGHT IN ACTION: INTERNATIONAL PERSPECTIVES ON REMEDIES, Ysolde Gendreau, ed., Les Éditions Thémis, 19-16. INTERVIEW QUESTIONS 1. How does assessment data drive instruction and the literacy framework? Data driven instruction is imperative in order to close gaps and ensure all students are growing, no matter what level they arrive to you on. An effective assessment will allow you to collect data, analyze the data to see areas of strengths and weaknesses for each child, and to provide interventions in a timely manner.
  • 9. Assessment data also allows you to adjust your teaching when needed and to form ability groups which focus on the specific needs of students. Formal assessments are good for assessing students reading but to me, informal reading assessments are best. Observing students reading and talking about reading and questioning them about the reading works best when trying to determine their level of comprehension and ability to draw conclusions and make inferences. The data collected helps a teacher to decides how to approach the whole group lesson, how to group kids for small group, and which literacy strategies to focus on. 2. What data collection methods are used to track and monitor student progress? One way to track students’ growth and monitor their progress is through formal assessments. I like to begin each unit with a pre- assessment to gauge where my students are and what they are already know on the topic. This data gives me a good starting point to track my students’ growth throughout the unit. I usually give my students a short assessment midway through the topic to make sure we are on track and to see when anyone is falling behind and be able to intervene immediately. I also end every unit with a formal assessment to see how much each student has grown and to form groups for re-teaching. Other ways to monitor student progress are constantly and consistently observing students as they work and hold academic conversations. This allows you to clear any misconceptions the students may still be having. Daily exit tickets and warm ups also allows me the opportunity to see what information my kids are understanding and areas we still need to grow. What technology tools are used to focus on continuous and effective data collection and analysis? I currently use a data tracker on an Excel spreadsheet to track my students’ formal assessments. Every test they take gets entered onto the chart and the spreadsheet gives me an average of all the test taken but it also creates a bar graph for me that
  • 10. visually shows me whether a student is growing, stagnant, or declining. I have my students fill out a similar bar graph in their data folders so that they can see their growth and begin to want to take accountability of their learning. 3. How are assessment results shared with students and students’ families? Formal assessment results are usually shared with parents first and then with students. We want to make sure that we include the parents in the learning process as they are a key factor in the students’ academic career. During this conversation, we start off by discussing the areas of strength and topics the student performs well on then move to areas that need more work. I inform the parent the steps I plan to take as a teacher to ensure their growth and provide them with tips and websites they can use at home to help as well. After having met with the parent, I hold individual meetings with the student to discuss the same topics. We discuss areas they excelled in and areas we will work together on to grow. This again makes sure the student is involved in the learning process and taking ownership of their learning. Students must be aware of their glows and grows. 4. What does a successful comprehensive literacy framework include? Comprehensive literacy is used at the elementary level to create a bases for children to improve on their reading, writing, and speaking skills. This system is designed to meet the child where they are and grow them, no matter the level they came to you on. The framework should include whole group mini lessons, small group instruction and guided reading, read aloud, think aloud, independent reading, and writing. Students should be continuously exposed to a variety of literature and the teacher must model for the student fluency, ways to be engage with the book, and think aloud. The teacher should be showing the student “what good readers do” on a daily basis so that they can
  • 11. eventually release the students to perform the task on their own during their independent reading time. 5. What does a typical literacy block of instruction include? 6. What steps are taken to develop a literacy framework that meets the needs of all students? Students should be given a pre- assessment to determine their current level of abilities. We usually do this with a computer based program called REN 360 or a teacher led assessment called DRA. The comprehensive literacy approach can then be used to ensure you are addressing the needs of all students. The ELA block should have a schedule that incorporates daily opportunities for students to receive whole group lessons that include read aloud and think aloud where the teacher shows the student how to interact with the reading. Reading and writing workshops should be implemented as well as guided reading and independent reading where kids can practice the skills they have been learning whole group. Word study is also a key component to comprehension and fluency and should be implemented in the literacy program. 7. What steps are taken to monitor and adjust instruction based on student needs? Student progress can be monitored at the beginning of a lesson by giving entry tickets and warms ups and using warm up time to pull small groups. During the lesson students can be monitored using observations, asking open ended questions and techniques such as thumbs up/down and fist to five. At the end of the lesson there should always be some sort of closing activity such as an exit ticket to assess the days learning and guide the next day’s instruction. Formal and informal assessments should be used continuously throughout a unit so that you don’t wait until the conclusion of the unit to realize the students did not understand the concept. All these strategies can be used to make changes to the instruction. They let you know
  • 12. whether you need to go back and reteach whole group or focus your attention on specific kids. Closely monitoring your students allows you to see sooner than later where the gaps are and how to close them. 8. What technology tools are utilized in the classroom to reinforce and develop literacy curricular concepts outlined in the literacy framework? REN 360 is the tool we use to assess the students reading levels in our school. Students are tested beginning, middle, and end of the year to track their growth. We also use tools such as Education Galaxy, Seasaw, and Brainpop to reinforce literacy skills. We live in a digital time where kids are very much interested in technology, so it is important to incorporate it into the curriculum as a way to motivate, equip, and inspire. The person I interviewed information: (C. Davis, personal communication, April 27, 2020). Name Class Instructor Date Clinical Field Experience A: Literacy Assessment and Framework Template INTRODUCTION: Literacy Assessment Practices: Description of how the assessment practices are related to literacy, their appropriate use, and identified purpose when
  • 13. identifying individual student needs is through and demonstrates higher-order thinking. Literacy Assessment Tools: Description of literacy assessment tools is extensive and skillfully details their use in measuring student literacy skills. Instructional Choices: Description proficiently represents how cognitive, emotional, social, and developmental needs of students are factored into instructional choices. Examples for Interview: Reflection provides quality examples of literacy assessment, literacy framework, monitoring student needs, and the use of technology in the classroom. Conclusions and Applications to Future Practice: Conclusions and applications to future practice are insightful, demonstrate a keen awareness of the needs of the students, and clearly reflect growth and development as a professional. · TEMPLATE I MADE FROM THE RUBRIC SO THAT EVERYTHING IS INCLUDED IN THE PAPER AND NOTHING IS MISSED. · SHOULD BE 6 SECTIONS ACCORDING TO IT... An INTRODUCTION, 4 PARTS, AND A CONCLUSION · PLEASE REVIEW RUBRIC BEFORE AND AFTER THE ASSIGNMENT · PLEASE DELETE THE INFO AS YOU GO
  • 14. Clinical Field Experience A: Literacy Assessment and Framework This field experience will provide you practical experience and modeled application regarding how teachers assess literacy, as well as explicit information about how data collection drives further instruction. You will also be exposed to how the cognitive, emotional, social, and developmental needs of students are factored into instruction choices. Allocate at least 5 hours in the field to support this field experience. Observe, interview, and collaborate with a Grade 1‐3 certified general education teacher, focusing on literacy assessment. Your interview should address the following: 1. How does assessment data drive instruction and the literacy framework? 2. What data collection methods are used to track and monitor student progress? What technology tools are used to focus on continuous and effective data collection and analysis? 3. How are assessment results shared with students and students’ families? 4. What does a successful comprehensive literacy framework include? 5. What does a typical literacy block of instruction include? 6. What steps are taken to develop a literacy framework that meets the needs of all students? 7. What steps are taken to monitor and adjust instruction based on student needs? 8. What technology tools are utilized in the classroom to reinforce and develop literacy curricular concepts outlined in the literacy framework? Use any remaining field experience hours to assist the teacher
  • 15. in providing instruction and support to the class. Focus your observations and collaboration on literacy assessment practices. In 250‐500 words, reflect upon your observation, interview, and collaboration, highlighting how the mentor teacher uses literacy assessment and a literacy framework in the classroom. Summarize and reflect upon your experience and explain how you will use your findings in your future professional practice. APA format is not required, but solid academic writing is expected. This assignment uses a rubric. Review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion. You are required to submit this assignment to LopesWrite. Refer to the LopesWrite Technical Support articles for assistance. Document the locations and hours you spend in the field on your Clinical Field Experience Verification Form. Submit the Clinical Field Experience Verification Form to the LMS in the last topic. Directions for submitting can be found on the College of Education site in the Student Success Center. Rubic_Print_FormatCourse CodeClass CodeAssignment TitleTotal PointsELM-305ELM-305-O501Clinical Field Experience A: Literacy Assessment and Framework35.0CriteriaPercentageNo Submission (0.00%)Insufficient (65.00%)Approaching (75.00%)Acceptable (85.00%)Target (100.00%)CommentsPoints EarnedCriteria100.0%Literacy Assessment Practices20.0%Not addressed.Description of how the assessment practices are related to literacy, their appropriate use, and identified purpose when identifying individual student needs is missing or underdeveloped.Description somewhat connects how the assessment practices are related to literacy, and sufficiently details their appropriate use, and identified purpose when identifying individual student needs.Description of how the
  • 16. assessment practices are related to literacy, their appropriate use, and identified purpose when identifying individual student needs is clear.Description of how the assessment practices are related to literacy, their appropriate use, and identified purpose when identifying individual student needs is through and demonstrates higher-order thinking.Literacy Assessment Tools20.0%Not addressed.Description of literacy assessment tools is vague and does not sufficiently detail their use in measuring student literacy skills.Description of literacy assessment tools attempts to detail their use in measuring student literacy skills.Description of literacy assessment tools is accurate and appropriately details their use in measuring student literacy skills.Description of literacy assessment tools is extensive and skillfully details their use in measuring student literacy skills.Instructional Choices20.0%Not addressed.Description inadequately represents how cognitive, emotional, social, and developmental needs of students are factored into instructional choices.Description sufficiently represents how cognitive, emotional, social, and developmental needs of students are factored into instructional choices.Description effectively represents how cognitive, emotional, social, and developmental needs of students are factored into instructional choices.Description proficiently represents how cognitive, emotional, social, and developmental needs of students are factored into instructional choices.Examples for Interview15.0%Not addressed.Reflection omits or weakly provides relevant examples of literacy assessment, literacy framework, monitoring student needs, and the use of technology in the classroom.Reflection attempts to provide relevant examples of literacy assessment, literacy framework, monitoring student needs, and the use of technology in the classroom, but more detailed examples could be given.Reflection provides considerable examples of literacy assessment, literacy framework, monitoring student needs, and the use of technology in the classroom.Reflection provides quality examples of literacy assessment, literacy framework,
  • 17. monitoring student needs, and the use of technology in the classroom.Conclusions and Applications to Future Practice10.0%Not addressed.Responses on applying conclusions to practice are not related to assignment or not submitted.Conclusions and applications to future practice are lacking in detail but are appropriate for the elementary setting.Conclusions and applications to future practice are thoughtful, realistic for the classroom setting, and reflect professional growth.Conclusions and applications to future practice are insightful, demonstrate a keen awareness of the needs of the students, and clearly reflect growth and development as a professional.Organization5.0%Not addressed.An attempt is made to organize the content, but the sequence is indiscernible. The ideas presented are compartmentalized and may not relate to each other.The content is adequately organized, generally providing the audience with a sense of the main idea.The content is logically organized. The ideas presented relate to each other. The content provides the audience with a clear sense of the main idea.The content is well-organized and logical. There is a sequential progression of ideas that relate to each other. The content is presented as a cohesive unit and provides the audience with a clear sense of the main idea.Mechanics of Writing (includes spelling, punctuation, grammar, and language use)10.0%Not addressed.Frequent and repetitive mechanical errors distract the reader. Inconsistencies in language choice (register) and/or word choice are present.Submission includes some mechanical errors, but they do not hinder comprehension. A variety of effective sentence structures are used, as well as some practice and content-related language.Submission is largely free of mechanical errors, although a few may be present. The writer uses a variety of effective sentence structures and figures of speech, as well as appropriate practice and content-related language.Submission is virtually free of mechanical errors. Word choice reflects well-developed use of practice and
  • 18. content-related language. Sentence structures are varied and engaging.Total Weightage100%