Health and Fitness Essay

For many years there has been a debate between which is better for weight control and all around health and fitness, Cardiorespiratory Exercise or Weight Training. Many people tend to focus only on one aspect of the physical wellness. For example women, like myself may focus more on cardiorespiratory and flexibility training more so than Weight training. This is out of fear of injury, or the muscles becoming too bulky. Women tend to want to burn more calories, therefore they focus on exercises’ such as aerobics, walking, swimming, and jogging. Research shows that working out with weights has health benefits beyond simply bulking up one’s muscles and strengthening bones. Studies are finding that more lean muscle mass may allow kidney dialysis patients to live longer, give older people better cognitive function, reduce depression, boost good cholesterol, lessen the swelling and discomfort of lymphedema after breast cancer and help lower the risk of diabetes. Although Weight training has its benefits for variety of reasons; it also has its downside. Weight training promotes short term stiffness of the blood vessels, which could promote High Blood Pressure over time and increase the load on the heart. This would not be good for someone who has a history of Hypertension. A variety of studies have shown that the best way to offset the cardiovascular stress caused by strength training is to combine cardiorespiratory endurance exercise such as a brisk walk, bicycling, or elliptical machine, immediately after a weight training exercise. Regular aerobic exercise causes your lungs to process more oxygen with less effort; your heart to pump more blood with fewer beats; and the blood supply directed to your muscles to increase. As a result, by performing cardiovascular exercises, you are increasing your body’s endurance and efficiency. Miriam Nelson of the American College of Sports Medicine states, â€Å"Ideally, you want a combination of moderate to vigorous aerobic exercise and moderate-intensity strength training† Bottom line to all of this research is both Resistance training and Cardiorespiratory exercise is good for the body, if done in the right order. http://www.the-invisible-gym.com/why-is-cardiovascular-training-and-resistance-training-important.html http://www.washingtonpost.com/wp-dyn/content/article/2007/04/20/AR2007042001772.html

Characterization of Pheonix Jackson Essay

Eudora Welty, in her character Phoenix Jackson, creates humanity’s counterpart of the phoenix firebird from oriental tradition. Although Phoenix Jackson can not lay claim to the immortality manifested by consuming fiery rebirths (as does the mythological bird), she possesses a fiery spirit and is consumed by love for her grandchild. Ana4rzing the character of Phoenix is pleasurable because the characteristics of her â€Å"roundness† are primarily positive, static traits. She is tenacious, confident, wise, and resolute with a clear sense of purpose which guides her fearlessly toward her goal. One word can summarize Phoenix‑‑noble. Even in the one situation when the reader sees Phoenix being sly, her slyness is immediately forgivable. Her slyness is a minor negative characteristic in comparison to her innumerable positive ones and is not a conflicting quality. It is, instead, justifiable in light of the pureness of her motivation‑‑love. Ihe similarities of the phoenix bird and Phoenix Jackson are readily apparent in the author’s physical description of Phoenix; â€Å"†¦her head tied in a red rag,† â€Å"†¦a golden color ran underneath,† and â€Å"†¦a yellow burning under the dark†(457). Further confirming the parable between the woman and the bird is the cornme made by Phoenix at the spring, â€Å"Sweetgum makes the water sweet’ (459). (Sweet‑gum K supposedly, the firebird’s source of nourishment) Since it is obvious that Ms. Welty has made these comparisons, it is noteworthy that the phoenix, in addition to symbolizing immortality, is said to be a good and wonderful bird, possessing qualities not unlike the eagle’s: nobility and powers of endurance. Phoenix Jackson shares these same qualities. Phoenix Jackson is an old Negro woman (456). Being black and female in Natchez, Nfississippi, any time prior to 1963 was particularly treacherous. Since Phoenix refers to the â€Å"Surrender,† the reader knows that she lived during and after the Civil War. This fact confirms that society afforded her little respect. Indeed, the majority ofwhite people would have considered her little more than an animal. However, an investigation of Phoeribes interaction with other (obviously white) characters in the story proves that her noble character commands respect despite her age, race, and sex. For exam ­ple, when the hunter points his gun at her, Phoenix responds by standing firm and facing him straight on. The hunter’s respect is evident in this comment, ‘Well, Granny, you must be a hundred years old and scared of nothing’ (460). Fur ­thermore, when the elegant lady on the street stoops to tie Phoerlik’s shoes, the reader sees Phoenik’s commanding, noble character at work. In fact, it would appear that out of a crowd of people, Phoenix actually chooses this one particu ­lar woman to lace up her shoes: She paused quietly on the sidewalk where people were passing by. A lady came along in the crowd, carrying an armful of†¦presents; she gave off perfume like the red roses in hot summer, and Phoenix stopped her (460). Tradition says the phoenix bird has an affinity for frankin ­cense, aromatic gums, and spices. It is also worthwhile to note that the â€Å"nice lady,† as well as the hunter, initially responds to Phoenix In a negative, perhaps derogatory, way by calling her â€Å"Granny’ or â€Å"Grandma.† But in the final analysis, the lady is (at least momentarily) at Phoenix7s feet, and the hunter voices his admiration. Phoenix’s physical stature stands in sharp contrast to the enormity of her journey. Welty establishes in the first para ­graph that Phoenix is very old and small. Me fact that her walking could be aided and sustained by a thin, small cane made from an umbrella provides the reader with a graphic Illustration of her diminutive size. Her small size, of course, emphasizes, by contrast, Phoenixs giant‑sized determination and perseverance. Effects of old age, particularly poor eyesight, intensifies Phoenix’s dangerous trek. When the path runs up a hill, Phoenix says, â€Å"Seem like there is chains about my feet, time I get this far† (457). Poor vision is indicated throughout the story, for example, â€Å"Old eyes thought you was a pretty little green bush† (457). However, one uncanny incident occurs regarding PhoenbCs eyesight. She sees â€Å"†¦with her own eyes a flashing nickel fall out of the man’s pocket onto the ground† (459). This episode supports the parallel drawn between Phoenix and the firebird‑‑she exercises ‘bird‑like† vision. Perhaps she has long contemplated what she would do if she had a nickel or a dime.

Conflicts of Law Course Outline

2011 CONFLICT OF LAWS COURSE OUTLINE AND READING MATERIALS Books: Morris, The Conflict of Laws (3 ed. ) 1984 Cheshire and North, Private International law (11 ed. ) 1987 Collier, Conflict of Laws (1988) Reference: Dicey and Morris, Conflict of Laws (11 ed. ) 1987 Casebook: Morris and North, Cases and Materials on Private International Law (1984) Other works: Anton, Private International Law (of Scotland) 1967. Cook, Logical and Legal Bases of the Conflict of Laws (1942) ; Graveson, The Conflict of Laws (7 ed. ) 1974; Wolff, Private International Law (2 ed. ) 1950. INTRODUCTION 1. Nature and Scope of the Subject Morris Ch. 1 (and 34), Cheshire Ch. 1 Collier, Ch. 1, 2, 21, 22 Anton Ch. 2. Mehrunnissa v Parves (1981) KLR 547 2. Reasons for the basis of the Conflict of Laws: Theories: Territoriality, Vested Rights, Comity, Local Law; see Davies (1937) 18 BYIL 49. Slater v Mexican National Rly 194 US 120, 126 (1904) Loucks v Standard Oil Co. of NY. 224 N. Y. 99 (1918). JURISDICTION 1. Preliminary Issues Patel v Singh (No 2) (1987) KLR 585 2. Common Law Position Morris Ch. 6; Cheshire, Chs. 10,11; Collier Ch. 6; Dicey, Ch. 11. (a)Presence, Submission, Effectiveness Colt Industries v Sarlie (No. ) (1966) 1 W. L. R. 440; Maharanee of Baroda v Wildenstein (1972) 2 Q. B. 282; Re Dulles (1951) Ch. 842; Manta Line v Sofianites (1984) 1 L1. R. 14. Union Bank of M. E. v Clapham (1981) â€Å"Times†, 20 July. Obikoya v Silvernorth (1983) â€Å"Times† 6 July The Messianiki Tolmi (1984) 1L1. R. 266 Williams & Glyn`s v Astro Dinamico (1984) 1 All E. R. 760. Kanti v South British Ins. Co. Ltd. (1981) K. L. R. 1 (b)Limitations Cheshire Ch. 13 British South Africa Co v Companhia de Mocambique (1893) A. C 602 Mackinnon v Donaldson Lufkin and Jenrette Securities Corpn. (1986) 1 All E. R. 563 Ministry of Defence of the Govt of UK v Ndegwa (1983) K. L. R 68 (c)Staying of Actions Morris, Ch. 8; Cheshire Ch. 12; Collier Ch. 7; Dicey Ch. 13. (i)General St. Pierre v South American Stores (1936)1 K. B. 382, at 398; Logan v Bank of Scotland (No. 2) (1906) 1 K. B. 141; Egbert v Short (1907) 2 Ch 205; Re Norton`s Settlement (1908) 1 Ch. 471. Maharanee of Baroda v Wildenstein (1972) 2 . Q. B. 283; The Atlantic Star (1974) A. C. 436; McShannon v Rockware Glass (1978) A. C. 795; The Wladslaw Lokictek (1978) 2 L1. R. 520. The Wellamo (1980) 2 L1. R. 229. European Asian Bank v Punjab & Sind Bank (1981) 2 L1. R. 65. Coupland v Arabian Gulf Petroleum (1983) 2 All E. R. 436 (1983) 1 W. L. R. 1136 The Abidin Daver (1984) A. C. 398 The Jalakrishna (1983) 2 L1. R. 628. The Traugutt (1985) 1 L1. R. 76; The Forum Craftsmen (1985) 1 L1. R. 291. Spiliada v Cansulex (1987) A. C. 460. E. I. Pont de Nemours v Agnew (1987) 2 L1. R. 585; De Dampierre v de Dampierre (1988) A. C. 92. Ocean Sun v Fay (1988) 29 A. L. R. 9. The Francois Vieljeux (1982-88) 1 KAR 398, (1984) K. L. R.. 1 United India Insurance Company and Kenindia Insurance Companyv E. A Underwriter &Anor (1982-88) 1 KAR 639, ((1985) K. L. R 898 (ii)Lis Alibi Pendens St . Pierre v South American Stores (above); McHenry v Lewis (1882) 22 Ch. D. 397; Cohen v Rothfield (1919) 1 K. B. 410; Ionian Bank v Coouvreur (1969) 1 W. L. R. 781; The Christianborg (1885) 10 P. D. 141; The Atlantic Star (1974) A. C. 436. Bushby v Munday (1821) 5 Madd. 297; Orr-Lewis v O-L (1949) P. 347; Sealy (orse. Callan) v Callan (1953) P. 135. The Tyllie Lykes (1977) 1 L1. R. 436 Castanho v Brown & Root (1981) A. C. 557; The Abidin Daver (1984) A. C. 398; Metall und Rohstoff v ACLI Metals (1984) 1 L1. R. 598; Societe N. I. Aerospitiale v Lee Kui Jak (1987) A. C. 871; South Carolina v Ass. de Zeven Provincien (1987) A. C. 24; Meadows Insurance v Ins. Corp. of Ireland (1989) 2 L1. R. 298; Pont de Nemours v Agnew (1988) 2 L1. R. 240; A-G v Arthur Anderson (1988) `Independent` 31 March (iii)Submission to Foreign Arbitration or Foreign Court Arbitration Act (Act N0. 4 of 1995)); Law v Garret (1878) 8 Ch. D. 26 ; The Fehmarn (1958) 1 W. L. R. 159; Mackender v Feldia (1967) 2 Q. B. 590; The Eleftheria (1970) P. 94; Evans Marshall v Bertola (1973) 1 W. L. R. 349. The Vishva Prabha (1979) 2 L. 1. Rep. 286. Carvalho v Hull Blyth (1979) 1 W. L. R. 1228. The El Amria (1980) 1 L1. R. 39; The Kislovodsk (1980) 1 L1. R. 183; Trendex v Credit Suisse (1982) A. C. 679; The Biskra (1983) 2 L1. R. 59; The Hollandia (1983) A. C. 565; The Benarty (1985) Q. B. 325. The Atlantic Song (1983) 2 L1. R. 394. Kisumuwaalla Oil Industries and PanAsiatic Commodities Pte Ltd v E. A. Storage Company Ltd Civil Appeal No 100 of 1995 Naizsons (K) Ltd v China Road and Bridge Corp (Kenya) (2001) 2 E. A. 502 Friendship Container Manufacturers Ltd. v Mitchell Cotts (K) Ltd (2001 2 E. A. 38 Tononoka Steels Ltd v The Eastern ans Souther Africa Development Bank 2 (2000) E. A. 536 Indigo E. P. Z. Ltd v. The P. T. A Bank (2002) 1K. L. R. 811 Raytheon Aircraft Credit Corpn & Anor v Air Al-Faray Ltd (2005) eKLR (iv)Proceedings abroad Settlement Corpn. v Hochschild (1966) Ch. 10; Smith Kline & French v Bloch (1983) 1 W. L. R. 730; Societe Nationale Industrielle Aerospatiale v Lee Ku i Jak (1987) 3 All. E. R. 510 British Airways v Laker Airways (1985) A. C. 58; Smith Kline & Bloch (No. 2) (1984) `Times` 14 Nov; Midland Bank v Laker Airways (1986) 1 All E. R. 526. 3. Statutory Position Service out of the jurisdiction under Civil Procedure Rules only with leave of the court: Order V Rule 21 a) General Principles: The Hagen (1908) P. 189; GAF v Amchen (1975) 1 L1. R. 601: Amin Rasheed v Kuwait Insurance (1984) A. C. 50: Spiliada Maritime v Cansulex (1987) A. C. 460. Mackender v Feldia (1967) 2 Q. B. 590; Evans Marshall v Bertola (1973) 1 W. L. R. 349; Attock Cement v Romanian Bank (1989) 1 W. L. R. 1147; Matthews v Kuwait Bechtel (1959) 2 Q. B. 57. b) Domicile: Re Liddell`s ST (1936) Ch. 365. (Ord 11, rule 4) c) Injunction: Rosler v Hilbery (1925) Ch. 250: The Siskina (1979) A. C. 210(CJ and J Act 1982 s. 25 ). X v Y and Y Republic of Haiti v Duvalier (1990) Q. B. 202. d) Necessary or proper party: Chancy v Murphy (1948) W. N. 130 Witted v Galbraith (1949) A. C. 326; The Brabo (1949) A. C. 326 Multinational Gas v M. G. Services (1983) 3 W. L. R. 492. Qatar Petroleum v Shell (1983) L1. R. 35. e) Contract: Finnish Marine v Protective Ins. (1990) 2 W. L. R. 914; Hutton v Moffarij (1989) 1 W. L. R. 488; Entores v Miles Far East Corporation (1955) 2 Q. B. 327: Brinkibon v Stahag Stahl (1982) 2 A. C. 34 Islamic Arab Insurance v Saudi Egyptian (1987) 1 L. R. 315; National Mortgage Co of NZ v Gosselin (1922) 38 T. L. R. 382; See cases on proper law of contract, esp. Amin Rasheed v Kuwait Insurance (1984) A. C. 50; The Magnum (1988) 1 L1. R. 47; The Chapparal (1968) 2 L1. R. 158; Johnson v Taylor (1920) A. C. 144: f) Tort: Handelskwerkerij be Bier v Mines de Potasse. (1978) Q. B. 708 Metall u Rohstoff v Donaldson Lufkin (1990) Q. B. 391. g) Land: Agnew v Ussher (1884) 14 Q. B. D. 78; Kaye v Sutherland (1887) 20 Q. B. D. 147: Tassel v Hallen (1892) 1 Q. B. 321: Official Reciever v Stype (1983) 1 W. L. R. 214. (h)Trusts: i)Administration of estates, probate: (j)Enforcement of judgement and awards 4. Brussels Convention (a)Objectives; comparison with common law: Berisford v New Hampshire (1990) 2 All E. R. 321; Arkwright v Bryanston (1990) 2 All E. R 335. Owusu v Jackson and Others Case C-128/01 Cheshire, Chs. 14, 16; Collier Ch. 9; Dicey, Chs. 11, 14. Part I. b) Interpretation: (Reference to European Court: arts 2, 3) LTU v Eurocontrol (1 976) ECR 1561; Bavaria & Germania v Eurocontrol (1977) ECR 1517; Netherlands v Ruffer (1980) ECR 3807; Gourdain v Nadler (1979) ECR 733; Bertrand v Ott (1978) ECR 1431; Somafer v Saar-Ferngas (1978) ECR 2183; Industrial Diamond Supplies v Riva (1977) ECR 2175; Duijnstee v Goderbauer (1983) ECR 3663; . Tessili v Dunlop (1976) ECR 1473. c) Sphere of application: civil and commercial matters (art. 1): LTU v Eurocontrol; Bavaria and Germania v Eurocontrol; Netherlands v Ruffer. Exceptions: De cavel v De C. (No. 1) (1979) ECR 105; (No. 2) (1980) ECR 731; W v H (1982) ECR 1189; see also The Deichland (1990) Q. B. 361. d) Jurisdiction (Arts 2-23): i) General rule: domicile of defendant (art 2); definition: (arts 2-3 The Deichland (1989) 3 W. L. R. 478 i) Special (concurrent) jurisdiction (Arts. 5-6) especially 1. Contract: place of performance of obligation: Effer v Kantner (1982) ECR 825; De Bloos v Bouyer (1976) ECR 1473; Ivenel v Schwab (1982) ECR 1891 Zelger v Salinitri (1980) ECR 89; Martin Peters v Zuid Nederlandsche (1983) ECR 987; Shenavai v Kreischer (1987) 3 C. M. L. R. 782 Tesam v Shuh Mode (1989) `Times` 24 October; Medway v Meurer (1990) `Time s` 7 May 2. Tort: where the harmful event occurred: Netherlands v Ruffer (1980) ECR 3807 at 3833; Kalfelis v Schroder (1988) `Times` 5 October; Bier v Mines de Potasse (1976) ECR 1735, (1978) Q. B. 708. Minister Investments v Hyundai (1988) 2 L1. R. 621 3. Branch, agency etc: Somafer v Sarr-Ferngas (1978) ECR 2183; De Bloos v Bouyer; Blanckaert & Willems v Trost (1981) ECR 819; Sar Schotte v Parfums Rothschild (1988) `Times`12 January. 4. Insurance (arts. 7-12); Consumer Contracts (arts. 13-15); Bertrand v Ott (1978) ECR 1431. iii) Exclusive jurisdiction (art 16) especially: 1. Immovables: Sanders v Van der Putte (1977) ECR 2383 Roessler v Rottwinkel (1985) CMLR. 806; Scherrens v Maenhout (1988) `Times` 5 September. 2. Companies or Legal Persons 3. Enforcement of judgment iv) Submission v) Contractual agreement (art 17). Elefanten Schuh v Jacqmain (1981) 1671;. Meeth v Glacetal (1978) ECR 2133; Salotti v Ruwa (1976) ECR 1831; Segoura v Bonakdarian, 1976 ECR 1851; Iveco Fiat v Van Hool (1988) 1 CMLR. 5757; Anterist v Credit Lyonnais (1987) 1 CMLR 333. National Law: Sanicentral v Collin (1979) ECR 3423 ; Ms Tilly Russ v Haven (1985) 3 W. L. R. 179; Other submission (art. 18) Elefanten Schuh v Jacqmain; Rohr v Ossberger (1981) ECR 2431; W v H (1982) ECR 1189; Gerling v Tesoro (1983) ECR 2503; Berghoefer v A. S. A. (1986) 1 CMLR 13; The Sidney Express (1988) 2 L1. R. 257. vi) Scrutiny of jurisdiction and admissibility (arts. 19-20) ii) Lis pendens – related action (arts. 21-23) The Nordglimt (198) Q. B. 183; The Linda (1988) 1 L1. R. 175; Gubisch Maschinenfabrik v Palumbo (1988) `Times` 12 January; Kloeckner v Gatoil (1990) 1 L1. R. 177; Berisford v New Hampshire; (1990) 2 All E. R. 335. viii) Provisional and protective measures (art. 24) CHOICE OF LAW 1. General Considerations Reading list: Kahn- Freund, General Problems of Private International Law Leyden, 1976 and 1980, 89-101 Wolff, Private International Law, 2nd ed, 96ff. Forsyyth, Private Interational Law, (first edition) Juta & co, 1981, 5-7. (2nd edition, 1989, pages 4-8) a)The History of the choice of law rule Lipstein, `Principles of the conflict of laws, National and International’ 1981, 1-46. Cheshire, op cit, chapter 2. Kahn-Freund, op cit, 97-101 Forsyth, 20-57. (b)Pleading Foreign Law The Evidence Act, section 60 A. G. of New Zealand v Ortiz (1984) A. C. 1 Vervaeke v Smith (1983) 1 A. C. 145 (c) Renvoi Kahn-Freund, op cit, 285-291. Anton, 55ff Morris, 469-480 Cheshire, 57ff Forsyth, 68-78. Munro, `The Magic Roundabout of Conflict of Laws’ 1978 Juridicial Review 65 Hicks, `The Lair Paradox in Legal Reasoning’ 1971 CLJ 275 at 284 and 289. In re Annesley: Davidson v Annesley [1926] ch 692 In re Ross, Ross v Waterfield [1930] 1 ch 377 Collier v Rivaz (1841) 2 Curt 855 Re Askew [1930] 2 ch 259 Re O’Keefe [1949] ch 124 Re Trufort (1887) 36 ch D 600 R v Brentwood Superintendent Registrar of Marriages, ex parte Arias [1968] 2 QB 956 Amin Rasheed Shipping Corporation v Kuwait Insurance Co [1984] AC 50 (d)The incidental question Kahn- Freund, op cit, 291-294. Morris, op cit, 489-492. Cheshire, Private International Law, 53ff. Forsyth, op cit, 2nd ed, 78-81. Gotlieb, `The incidental question revisited- theory and practise in the conflict of Laws’ (1977) 26 ICLQ 734. Schwebel v Ungar (1926) 42DLR (2d) 622 affd (1964) 48 DLR (2d) 644 Lawrence v Lawrence [1985] Fam 106 (e) Characterisation Kahn-Freund, op cit, 223-241 Cheshire, op cit, 43-52. Morris, op cit, 481-488 Falconbridge `Conflicts Rule and Characterization of Question’ (1952) 30 Canadian Bar Review 103 and 264. Anton,op cit 43ff Forsyth, op cit. , 59-69 Forsyth, `Extinctive Prescription and the Lex Fori’ (1982)99 SALJ 16 Forsyth, `Characterization etc’ (1987) 104 SALJ 4 Bennett, `Cumulation and Gap: Are they systemic defects in the conflict of Laws? ’ (1988) 105 SALJ 444 Ogden v Ogden [1908] p 46 Huber v Steiner (1835) 2 Bing NC 202 Re Maldonado [1954] p 223 Re Cohn [1945] ch 5 In re State of Norway’s Application (No 2) [1989] 1 ALL ER 701 (CA) and 745 (HL) (f)Domicile and Residence Morris, Ch. 2; Cheshire Ch. 9; Collier, Ch. 5; Dicey Ch. 7. Law of Domicil Act Cap 37 (i)Definition Whicker v Hume (1858) 7 H. L. C. 124; Gatty v A-G. (1951) P. 144; Udny v Udny (1869) L. R. 1 Sc. & D. 441; Re Annesly (1926) Ch. 692. (ii)Domicile of Origin Udny v U. ; Urquhart v Butterfield (1887) 37 Ch. D. 357; Re McKenzie (1951) 51 S. R. N. S. W. 293; Henderson v H (1967) P. 77; Re Jones 192 Iowa 78 (1921). (iii)Domicile of Choice Schiratti v Schiratti (1978) K. L. R 128; White v Tennant 31 W, Va. 790 (1888) ; Re Fuld (No. 3) (1968) P. 675; Bell v Kennedy (1868) L. R. 1 Sc. Div. 307; Winans v A-G (1904) A. C. 287; Ramsey v Royal Liverpool Infirmary (1930) A. C. 588; Ross v Ross (1930) A. C. 1; Buswell v I. R. C. (1974) 1 W. L. R. 1631; I. R. C. v Bullock (1976) 1 W. L. R. 1178. Puttick v A. G. (1980) Fam. 1. Re Furse (1980) 3 All E. R. 838. Brown v B. (1982) 3 F. L. R. 212; Re Clore (1984) S. T. C. 609; Cramer v C (1987) 1 F. L. R. 116; IRC v Plummer (1988) 1 W. L. R. 292; Re Lloyd Evans (1947) Ch 695; Tee v Tee (1973) 3 All. E. R. 1105 iii) Special Cases 1. Naturalisation: Wahl v A-G. (1932) 147 L. T. 382; Re Fuld. 2. Deportees: Boldirini v B. (1932) P. 9; May v May (1943) 2 All E. R. 146; Szechter v S. (1971) P. 286; Zanelli v Z (1948) 64 T. L. R. 556; Cruh v C (1945) 2 All E. R. 545. 3. Fugitives and Refugees: Re Martin (1900) P. 211; De Bonneval v D. B. (1838) 1 Curt. 856; Re Lloyd-Evans (1947) Ch. 695; May v M. 4. Invalids: Hoskins v Matthews (1855) 8 D. M. & G. 13; Re James (1908) 98 L. T. 438. 5. Servicemen: Sellars v S. 1942 S. C. 206; Donaldson v D. (1949) P. 363; Cruishanks v C. (1957) 1 All E. R. 889; Stone v S. (1958) 1 W. L. R. 1287. 6. Abandonment: In b. Raffenel (1863) 3 S. W. & Tr. 49; Zannelli v Z. ; b (1968) 1 ALL E. R. 49; Tee v Tee (1974) 1 W. L. R. 213. (iv)Domicile of Dependancy (see 37 M. L. R. 179) 1. Married Women: A-G. for Alberta v Cook (1926) A. C. 444; Re Scullard (1957) Ch. 107; Domicile and Matrimonnial Proceedings Act 1973, s. 1. Puttick v A-G (1980) Fam. 1. Oundian v O. (1980) Fam. L. R. 198. IRC v Portland (1982) Ch. 314. 2. Children: Johnstone v Beattie (1843) 10 Cl. & F. 42; Harrison v H. (1953) 1 W. L. R. 865; Potinger v Wightman (1817) 3 Mer. 67; Re Beaumont (1893) 3 Ch. 490; Hope v H. (1968) N. Ir. 1; Shanks v S. 1965 S. L. T. 330; Domicile Act, 1973 ss. 3, 4. 3. Insane Persons: Urquhart v Butterfield; Crumpton`s Judicial Factor v Finch-Noyes 1918 S. C. 378; Sharpe v Crispin (1860) L. R. 1 P. D. 611 (v)Residence 1. Habitual Residence: Cruse v Chittum (1974) 2 All E. R. 940; 24 I. C. L. Q. 1. ; Kapur v K. (1984) F. L. R. 920. 2. Ordinary Residence: Levene v I. R. C. (1928) A. C. 217; Hopkins v H. (1951) P. 116; Stransky v S. (1954) P. 248; Lewis v L. (1956) 1 W. L. R. 200. Re P (GE) (An Infant) (1965) Ch. 568. R v Barnet L. B. C. ex. P. Nilish Shah (1983) 2 A. C. 309. (vi)Corporations 1. Status National Bank of Greece and Anthens v Metliss (1958) A. C. 509; Adams v National Bank of Greece S. A. (1961) A. C. 225. 2. Domicile and Residence Ridsdon Iron and Locomotive Works v Furness (1906) 1 K. B. 49; Cesena Sulphur Co. v Nicholson (1876) 1 Ex. D. 428; De Beers Consolidated v Howe (1906) A. C. 455; Egyptian Delta Land & Co. v Todd (1929) A. C. 1; Swedish Central Rly v Thompson (1925) A. C. 495; Unit Construction Co. v Bullock (1960) A. C. 351; Gasque v I. R. C. (1940) 2 K. B. 80;. Shah v Barnet London Borough Council (1983) 1 All. E. R. 226; Kapur v Kapur (1985) Fam Law. Rep. 22 2. Substantive Choice of Law Rules (a)Marriage Bishop, `Choice of Law of Impotence and Wilful Refusal`, (1978) 41 MLR 512. Carter, `Capacity to Remarry After Foreign Divorce`, (1985) 101 LQR 496. Fentiman, `The Validity of marriage and the Proper Law`, (1985) CLJ 256. Hartley, `Polygamy and Social Policy`, (1969) 32 MLR 155; `The Policy Basis of the English Conflict of Laws of Marriage`, (1972) 35 MLR 571. Jaffey, `The Essential Validity of Marriage in the English Conflict of Laws`, (1978) 41 MLR 38; `The Incidental Question and Capacity to Remarry`, (1985) 48 MLR 465. North, `Development of Rules of Private International Law in the Field of Family Law`, (1980) I Recueil des Cours 17. Poulter, `Hyde v Hyde – A Reappraisal` (1976) 25 ICLQ 475. Smart, `Interest Analysis, False Conflicts and the Essential Validity of Marriage`, (1985) 14 Anglo-Amer L Rev 225. Stone, `Some Aspects of Fundamental Rights in the English Conflict of Laws` in Bridge et al (eds) Fundamental Rights (1973) London, Sweet & Maxwell, pp 232, 246-7; `Capacity for Polygamy – Judicial Rectification of Legislative Error` (1983) Fam Law 76. Brook v Brook (1861) 9 HL Cas 193 De Reneville v de Reneville (1948) P 100 Cheni v Cheni (1965) P 85 Lawrence v Lawrence (1985) 2 All E. R. 733 Re Paine (1940) Ch 46 Sottomayer v De Barros (No 2) (1879) 5 PD 94 Ogden v Ogden (1908) P 46 Vervaeke v Smith (1981) 1 All ER 55 Mohammed v Knott (1969) 1 QB 1 Pugh v Pugh (1951) P 482 Radwan v Radwan (No 2) (1972) 3 All ER 1026 R v Brentwood Marriage Registrar (1968) 3 All ER 279 Schwebel v Ungar (1964) 48 DLR (2d) 644 Breen v Breen (1964) P 144 Schezter v Schezter (1971) P 286 Way v Way (1950) P 71 Ponticelli v Ponticelli (1958) P 204 Berthiaume v Dastous (1930) A C 79 Starkowski v AG (1954) AC 155 Lodge v Lodge (1967) 107 Sol Jo. 437 Tackzanowska v Tackzanowski (1957) P 301 (b)Matrimonial Causes Forsyth, `Recognition of Extra-Judicial Divorces: The Transnational Divoce`, (1985) 34 ICLQ 398. Jaffey, `Vervaeke v Smith`, (1983) 32 ICLQ 500. Karsten, `Recognition of Non-Judicial Divorces`, (1980) 43 MLR 202. McClean, Recognition of Family Judgements in the Commonwealth (1983) London, Butterworths. North, The Private International Law of Matrimonial Causes in the British Isles and the Republic of Ireland (1977) Amsterdam, North-Holland Publishing Co. Stone, `The Recognition in England of Talaq Divorces`, (1985) 14 Anglo-Amer L Rev 363. Young, `The Recognition of Extra-Judicial DIvorces`, (1987) 7 LS 78. Schiratti v Schiratti (1978) K. L. R 128 Le Mesurier v Le Mesurier (1895) AC 517 Armitage v AG (1906) P 135 Indyka v Indyka (1969) 1AC 33 Re Meyer (1971) P 298 Salvesen v Australian Propety Administrator (1927) AC 641 Re Edgerton's Wills Trust (1956) Ch 593 Duke of Malborough v AG (1945) Ch 78 Cooper v Cooper (1888) 13 App Cas 88 Callwood v Callwood (1960) AC 659 Harvey v Farnie (1882) 8 App Cas 43 Travers v Holley (1953) P 246 Quazi v Quazi (1980) AC 794 Bater v Bater (1906) P 209 Kendall v Kendall (1971) 1 All ER 378 Merker v Merker (1963) P 283 Re Bankes (1902) 2 Ch 333 Re De Nichols (1900) 2 Ch 410 De Nichols v Curlier (1900) AC 21 (c) Contracts Cheshire, International Contracts (1948). Fletcher, Conflict of Law and European Community Law, Amsterdam, North-Holland Publishing Co, Chapter 5. Jaffey, `Essential Validity of Contracts in the English Conflicts of Laws`, (1974) 23 ICLQ 1; `Offer and Acceptance and Related Questions in the English Conflict of Laws` (1975) 24 ICLQ 603; `The English Proper Law Doctrine and the EEC Convention`, (1984) 33 ICLQ 531. Lasok and Stone, Conflict of Laws in the European Community (1987) Abingdon, Professional Books, Chapter 9. Libling, `Formation of International Contracts`, (1979) 42 MLR 169. Mann, `The Proper Law of the Contract`, (1950) 3 ICLQ 60 and 597; `Proper Law and Illegality in Private International Law` (1973) 18 BYIL 97. Morris, `The Proper Law of a Contract: a Reply`, (1950) 3 ILQ 197. North, `Varying the Proper Law`, in Multum non Multa, Festschrift for Kurt Lipstein (1980), Heidelberg, Muller, p 205. Pierce, `Post-Formation Choice of Law in Contract`, (1987) 50 MLR 176. Karachi Gas Ltd. v Issaq (1965) E. A. 42 Bonython v Commonwealth of Australia (1951) AC 201 Amin Rasheed Case (Supra) Campagnie D'Armement Maritime SA v Cie Tunisienne de Navigation SA (1971) AC 572 Broken Hill Pty Co Ltd v Xenakis (1982) 2 Ll Rep 304 Royal Exchange Assurance Corp v Sjofarsakrings Akt Vega (1902) 2 KB 384 The Adriatic (1931) P 241 Sayers v International Drilling Co NV (1971) 3 All ER 163 Rossano v Manufactures Life Assurance Co (1963) 2 QB 352 Coast Lines Ltd v Hudig and Veder Chartering (1972) 2 QB 34 Vita Food Products Inc v Unus Shipping Co Ltd (1939) AC 277 The Iran Vojdan (1984) 2 Ll Rep 380 The Mariannina (1983) 1 Ll Rep 12 De Dampierre v De Dampierre (1987) 2 All. E. R. 1 (d)Torts Briggs, `What Did Boys v Chaplin Decide? `, (1983) 12 Anglo-Amer L Rev 237. Carter, `Torts in English Private International Law`, (1981) 52 BYIL 9. Fawcett, `Policy Considerations in Tort Choice of Law`, (1984) 47 MLR 650. Jaffey, `Choice of Law inTort: A Justice-Based Approach`, (1982) 2 LS 98. Karsten, `Chaplin v Boys: Another Analysis`, (1970) 19 ICLQ 35. Kahn-Freund, `Delictual Liability and the Conflict of Laws`, (1968) II Recueil des Cours, 5. Law Commission Working Paper No 87, `Choice of Law in Tort` (1984). Lasok and Stone, Conflict of Laws in European Community (1987) Abingdon, Professional Books, Chapter 9. McGregor, `The International Accident problem`, (1907) 33 MLR 1. Morris, `Torts in the Conflicts of Laws`, (1949) 12 MLR 248; `The Proper Law of a Tort` (1951) 64 Harv L Rev 881. Morse, Torts in Private International Law (1978) Amsterdam, North-Holland Publishing Co. North, `Contract as a Tort Defence in the Conflict of Laws`, (1977) 26 ICLQ 914. Clarence Smith, `Torts and the Conflict of Laws`, (1957) 20 MLR 447. The Halley (1868) LR 2 PC 193 Phillips v Eyre (1870) LR 6 QB 1 Machado V Fontes (1897) 2 QB 231 Mclean v Pettigrew (1945) 2 DLR 65 Mackinnon v Iberia Shipping Company (1954) 2 Ll 372 Babcock v Jackson 12 NY 2d 473 Reich v Purcell 432 P 2d 727 Chaplin v Boys (1971) AC 356 Church of Scientology of California v Metropolitan Police Commr (1976) 120 Sol Jo 690 Coupland v Arabian Gulf Petroleum Co. 1983) 2 All E. R. 434 (e)Succession Re Annesley (1926) Ch 692 Re Ross (1930) 1 Ch 377 Re Cunnington (1924) 1 Ch 68 Re Fergusson’s Will (1902) 1 Ch 483 Re Price (1900) 1 Ch 442 Re Lewal’s Settlement Trust (1918) 2 Ch 391 Re Fuld’s Estate (No 3) (1968) P 675 Re Schnapper (1928) Ch 420 Re Hellman’s Will (1866) LR 2 Eq. 363 Re Martin (19 00) P 211 Re Miller (1914) 1 Ch 511 Phillip- Stow v IRC (1961) AC 727 Re Collens (1986) Ch 505 Re O’ Keefe (1940) Ch 124 Law of Succession Act, section 16 (f) Transfer of Property Inter Vivos Davis, `Conditional Sales and Chattel Mortgages in the Conflict of Law`, (1964) 13 ICLQ 53. Winkworth v Christie, Manson & Woods Ltd (1980) Ch 496 Adams v Clutterbuck (1883) 10 QBD 403 Re Smith (1916) 2 Ch 206 Bank of Africa Ltd v Cohen (1909) 2 Ch 129 Bank voor Handel en Scheepvart NV v Slatford (1953) 1 QB 248 Hardwick Game Farm v Suffolk Agricultural and Poultry Producers Association (1966) 1 All ER 306 RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGEMENTS Morris, Ch. 9; Cheshire Ch. 15; Collier Ch. 8; Dicey, Ch. 14; Anton, Ch. 26; . 1. Recognition /Enforcement 2. Enforcement of Judgements in personam a) Action of judgement at Common Law Grant v Easton (1883) 13 Ch. D. 302 (GA) (b)Registration under Statute Foreign Judgements Reciprocal Enforcement Act (Cap 43) Trepca Mines (1960) 1 W. L. R. 1273 at 1282; Rossano v Manufacturers Life Ins. Co. (1963) 2 Q. B. 352; Sidmetal v Titan (1966) 1 Q. B. 828; Black-Clawson v Papierwerke (1975) A. C. 591. 3. Jurisdiction of Foreign Court Buchanan v Rucker (1808) 9 East 193; Sirdar Gurdyal Singh v Rajah of Faridkote (1894) A. C. 670; Emanuel v Symon (1908) 1 K. B. 302, 309. (a)Presence or Residence at time of service of process Carrick v Hancock (1895) 12 T. L. R. 59; Blohn v Desser (1962) 2 Q. B. 116; 1933 Act s. 4 (2) (a) (iv). b) Residence of companies Littauer Glove Co. v F. W. Millington (1928) 44 T. L. R. 746; Sfier v National Ins. Co. of N. Z. (1964) 1 L1. R. 330; Vogel v Kohnstamm Ltd. (1973) Q. B. 133; Adams v Cape Industries (1990) 2 W. L. R. 657. (c)Submission to Foreign Courts i) As Plaintiff: Schibsby v Westenholtz (1870) L. R. 6 Q. B. 155, 161, or as counterclaimant: Cap 43s. 4 (2) (a) (ii). ii) Contract of Agreement to Submit: Feyerick v Hubbard (1902) 71 L. J. K. B. 509; Cap 43 s. 4 (2) (a) (iii); Copin v Adamson (1874) L. R. 9 Ex. 345; Emanuel v Symon; Blohn v Desser; Vogel v Kohnstamn. iii) As defendant pleading to the merits: Cap 43 s. (2) (a) (iii); Copin v Adamson (1874) L. R. 9 Ex. 345; Emanuel v Symon; Blohn v Desser; Vogel v Kohnstamn. (d)Office or Place of Business Cap 43 s. 4 (1) (e) Italframe Ltd vs Mediterranean Shipping Co (1986) KLR 54 Gathuna v African Orthodox Church of Kenya (1982) KLR 356 4. Defence when Foreign Court has Jurisdiction d. (a)Fraud: Ochsenbein v Papelier (1893) L. R. 8 Ch. App. 695; Abo uloff v Oppenheimer (1882) 10 Q. B. D. 310; Syal v Heyward (1948) 2 K. B. 443; Jet Holdings v Patel (1990) Q. B. 335; House of Spring Gardens v Waite (1990) 3 W. L. R. 347; Cap 43 s. 10(1) (h) . (b)Natural Justice Price v Dewhurst (1837) 8 Sim. 279; Scarpetta v Lowenfield (1911) 27 T. L. R. 424; Jacobson v Franchon (1927) 138 L. T. 386; Gray v Formosa (1963) P. 259; Lepre v Lepre (1965) P. 52; Adams v Cape Industries (1990) 2 W. L. R. 657; Cap 43 s. 10 (1) (g) c) Public Policy Re Macartney (1921) 1 Ch. 522; Armitage v Nanchen (1983) 4 F. L. R. 293; Phrantzes v Argenti (1960) 2 Q. B. 19; Mayo-Perrot v M-P (1958) Ir. R 336. Cap 43. 4 (1) (a) (v). Israel Discount Bank of N. Y. v Hadjipateras (1983) 3 All E. R. 129. Vervaeke v Smith (1983) 1 A. C. 145; Cap 43 s. 10 (1) (n) 5. Requirements for and Method of Enforcement a)Must be â€Å"final and conclusive† Nouvion v Freeman (1889) 15 App. Cas 1; Colt Industries v Sarlie (No. 2) (1966) 1 W. L. R. 1287; Berliner Indusrie Bank v Jost (1971) 2 Q. B. 463; Cap 43 s. 3 (2) (b) (b)Must be for debt or fixed sum: Sadler v Robins (1808) 1 Camp. 253. Harrop v H. (1920) 3 K. B. 386; Beatty v B (1924) 1 K. B. 807; Cap 43 s. 3 (2) (a) (c)Must not be for ta xes or a penalty: Huntington v Attril (1893) A. C. 150; Raulin v Fischer (1911) 2 K. B. 93; Schemmer v Property Resources (1975) Ch. 273; SA Consortium v Sun and Sand (1978) Q. B. 279; U. S. A. v Inkley (1989) Q. B. 255; Cap 43 s. 3 (3) (a)

Afganistan war Veteran Essay Example | Topics and Well Written Essays - 500 words

Afganistan war Veteran - Essay Example I researched literature on the country’s culture and people, and this served to help me to avoid the common pitfall that most of my colleagues fell into of incorrectly stereotyping the country’s people. When we finally landed in the country, I discovered that most of the material I had read on the country had essentially been written during a period when peace prevailed and since then, a number of things had changed with the advent of war. The Afghani people were initially apprehensive and prejudiced about us and our mission. Years of living under the severely repressive Taliban regime had caused them to grow apprehensive of strangers. However, when we started winning against the dreaded Taliban insurgents, the people became quite welcoming towards us and would often greet us in the streets cheerfully and hail us as their hero’s (Kerry, 2010). In Afghanistan, the majority of the soldiers happen to serve in various support functions that include accounting, logistics or even laundry. For these officers, the war frontline is essentially the camp’s front gate. A typical day for me generally involved getting a briefing in the morning as to the current situation and what was expected to occur during the day. We would then embark on a patrol of the local town and its environs. It was not uncommon for newly deployed troops that were assigned to engage with the local leaders to quickly grow comfortable with these leaders in a case of assumed similarity. These troops would incorrectly assume that these leaders happened to share similar characteristics with themselves and it was thus important that the recruits be accompanied with experienced veterans (Kenny, 1994). These veterans would help the recruits engage with these leaders and locals in a professional manner as the recruits gradually adapted to the country’s cu stoms and culture. After the patrol, we would then report back

Agency costs and ownership structure Essay Example | Topics and Well Written Essays - 2750 words

Agency costs and ownership structure - Essay Example A firm is a team effort involving several players - the owners, managers, shareholders, and lenders - that should work together to maximise the value of the firm in terms of profitability, sustainability, and performance. Recent experience, however, in the wake of business bankruptcies and scandals show that this team effort is not achieved in several cases. This paper reviews the available literature on the effects of family ownership, public ownership, and the dispersal of ownership on firm performance and value and provides a summary of the status of our knowledge of these relationships. Agency theory explores the effects of ownership structure on the performance of the firm. The theory states that the value of a firm will depend on the extent to which the interests of principals (owners) and agents (managers) are aligned. However, the interests of the principals are not the same as the interests of the agents, so aligning the two sets of interests will incur so-called agency costs. In this paper, we review the available literature on the application of agency theory in two types of ownership structures. First, we looked at firms that are majority owned, managed, or controlled by a single family and explored whether the aligned interests resulted in lower agency costs and better firm performance. In general, research findings supported the predictions of agency theory: firms where the founder-CEO, or a CEO-heir after the second generation, plays an active management role performed better than firms that are not dominated by a single family. ... cy cost that researchers term as "expropriation" have a negative effect on firm value as the dominant owners "expropriate" perquisites and other benefits to the detriment of minority owners. Second, we compared the performance of public and private firms. Research studies that included firms from a wide range of industries supported the agency theory, but the probability that results were influenced by factors that are endogenous to specific industries affect their external validity, or general applicability, to other industries. By looking at the results of a focused study using sample firms from one industry, we were able to establish the validity of agency theory in explaining firm performance. We also looked at the literature on the effects of a diversified ownership base on firm performance as reflected by stock price, with mixed results due to the effects of increased liquidity, rather than minimisation of agency costs, on improved firm performance. Introduction One of the most discussed topics in finance and economics is the ideal ownership structure that will maximise the value of the firm. This issue touches the core of why firms exist in the first place -to maximise profit for its owners - and explains partially how and why previously successful firms fail. Economists used to assume that everyone - owners, managers, employees, and lenders - act together for the good of the firm. After all, each one is bound by formal and informal contracts to ensure that firm value is maximised (Brealey and Myers, 1996, p. 991). This however seldom happens as there are conflicts of interest that affect firm performance, a phenomenon that academics have attempted to investigate over the last seventy years under the conceptual lens of ownership structure. How and why do

Concept Analysis on Pain Research Paper Example | Topics and Well Written Essays - 1500 words

Concept Analysis on Pain - Research Paper Example Pain is the most recurrent diagnosis used in nursing as well as the most common problem through which patients seek help in a clinical setting. Unrelieved pain has an effect on the quality of life of an individual. It affects a person both physically and emotionally, impacts his family as well as the individual and the entire society (Ferrel, 1995). Pain is therefore a vital problem in the health care system. Pain is discussed by four major theories namely; specificity theory, gate control theory, pattern theory and psychological/ behavioral theory. The Gate Control Theory (GCT) is the most commonly used theory in the professional field. The insight of involves three interactive cerebral processes; motivational-effective, sensory discriminative and cognitive-evaluation (Melzack and Wall, 1965). Sensory-discriminative dimension speaks of the nerve transmission to the brain from the periphery through the spinal cord. This neospinothalamic projection system that is found in the brain serves to develop information that is sensory discriminative about duration, location and intensity to the stimulus. The limbic system and the formation of the brain brainstem reticular, which provoke the aversive and motivational drive are referred to as the motivational-affective dimension. Cognitive activities are referred to in the cognitive-evaluation dimension. These cognitive activities include attention , anxiety and cultural values. The cognitive-evaluation dimension places its basis on the analysis of multi-modal information, response strategies and past experience. This dimension also has effects on the other dimensions. According to Melzack and Wall, pain is a continuing process and not a sole sensation and response procedure. Pain includes a series of responses by a system of actions that start with reflex responses and continues with

How can the HR Management sustain the motivation of the employees Dissertation

How can the HR Management sustain the motivation of the employees during a period of company downsizingAn approach of HR practi - Dissertation Example Some did achieve short-term benefits in terms of cost savings but in the long-run organizations paid for it in terms of loss of human capital. The neglect of human capital resulted in low employee morale which adversely impacted the post-downsizing productivity. Employee motivation is currently the major issue facing businesses today. The role of HR has changed from being mere personnel management to strategic human resources management. HR managers could play a vital role in sustaining motivation of employees that are retained with the organization after downsizing. While downsizing affects both the leavers and those that remain, the scope of the study is limited to focusing on the motivation of those that remain with the organization. Thus, with the aim to evaluate the role of HR in sustaining employee motivation during downsizing, three objectives and four research questions were set. After extensive literature review, the study adopted qualitative method for research based purely on secondary data. The study finds that motivation is disrupted which is evident from increase in political behaviors such as anger, fear, and antagonism. This in turn manifests in adversely impacting customer satisfaction, organizational efficiency, and productivity. Employee motivation is invariably affected in downsizing firms regardless of the downsizing strategy adopted. The attention during downsizing is focused on the process and also in trying to avert negative publicity. As a result human capital is neglected, which results in lowered motivation to work and lowered commitment, loyalty and inefficiencies. Various downsizing strategies have been reviewed and the study finds that a proactive approach to downsizing can avert neglect of human capital. This requires the involvement of HR managers right from the beginning in designing and implementing the downsizing process. The study recommends the role that HR should adopt in sustaining the motivation of employees during all th e stages of the downsizing process. Table of Contents Chapter I Introduction 1.1 Background 1 1.2 Rationale for Research 5 1.3 Research Aims and Objectives 8 1.4 Research Questions 9 1.5 Scope of the Study 9 1.6 Structure of the Study 9 Chapter II Literature Review 2.1 Chapter Overview 11 2.2 Definitions 11 2.3 The Growth of Downsizing 15 2.4 Rationale for Downsizing 16 2.5 Downsizing methods 20 2.6 Impact of downsizing 21 2.7 Downsizing management by organization and its implications 25 2.8 Downsizing implementation 26 2.9 Downsizing Models 30 2.10 Trust and Empowerment in downsizing 33 2.11 HR practices during Downsizing 36 2.12 Strategies to manage the Survivors 37 2.13 Chapter Summary 38 Chapter III Methodology 3.1 Research Philosophy 39 3.2 Research Phenomenon 39 3.3 Research Design 39 3.4 Choice of Method 40 3.5 Research Approach 41 3.6 Data Collection Strategy 43 3.7 Data Analysis 45 3.8 Validity and Reliability 45 3.9 Ethical concerns 45 Chapter IV Findings & Discussions 4.1 Chapter Overview 46 4.2 Findings 46 4.3 Analysis and Discussion 56 Chapter V Conclusion & Recommendations 5.1 Conclusion 63 5.2 Recommendations on the role of HR during downsizing 67 5.3 Limitations of the Study 70 5.4 Recommendation for further research 71 5.5 Personal reflection 71 References 74 Tables and Charts Table 2.1 Different Ways of describing Downsizing 13 Table 2.2 Reasons for Downsizing by Firms 19 Table 2.3 Downsizing Strategy 28

Conventional Cost Allocation Systems versus Activity Based Cost Essay - 2

Conventional Cost Allocation Systems versus Activity Based Cost Systems - Essay Example Quite a number prefer the ABC systems over the traditional cost allocation systems. One issue that has been pointed out when comparing the cost systems is the accuracy. Martin (59) argues that the ABC systems are more accurate than the conventional system. The information that is delivered through this system is more precise and can help the management in decision-making. This means for effective use of this system there should a combination of the internal decision making with the external reporting system (Kaplan 58). The fact that there are no details that are assumed by the ABC system according to her proposition. In support of the conventional systems, the issue of efficiency and effectiveness arises. While the ABC system is efficient it provides so many details that are not necessary for the day-to-day running of the business (Cooper and Robert 1). These details accumulate to make a huge workload that is unnecessary. On the other hand, the conventional systems provide only the required details. The facts that stockholders, as well as creditors, have no interest in knowing the product that generates more profit neither the customers. However, the ABC system can be advantageous over the conventional system because it does not assume any detail hence there are high chances of increasing profitability due to the well-kept inventory (Cugini and Oilonato 127). Another issue raised is the ability of ABC systems to increase the company’s competitiveness. Some of the opponents of ABC systems have argued that ABC systems are not the only solution that faces the business world. The argument has been, there is the need for the systems to be complementary instead of having to compete (Martin 70). He proceeds on to argue that despite the accuracy in costs that comes with the system, the issue that should be addressed to increase the company’s profitability is a change in processes.  Ã‚  

Sources Essay Example | Topics and Well Written Essays - 1000 words

Sources - Essay Example New Jersey: Lawrence Erlbaum. McAllister-Spooner, S. M. (2009). Fulfilling the dialogic promise: A ten-year reflective survey on dialogic Internet principles. Public Relations Review, 320-322. This article begins with a discussion of the framework of dialogic communication using the world-wide-web provided by Kent and Taylor. The literature suggests that various studies have been conducted in order to analyze the use of dialogic communication in various websites. It goes on to state that even non-profit firms have applied this concept to their websites. However, the author critiques this by stating that dialogic tools were indeed very poorly applied in the development of these websites. The websites mentioned in this article provide only a basic level platform for interaction with users. They are user-friendly and useful in providing information but they fail to capitalize on the Internet’s ability to develop and sustain relationships between the corporation and the community. The research findings are also suggestive of the fact that forces pertaining to the corporation and its departments are inhibiting the utilization of the Internet’s interactive potential. The article relates to dialogic communication as it critiques the use of this concept by stating that its practical application is weak when it comes to the way some websites are designed. Thus, the use of web medium for reaching out to the public has not been capitalized on by corporations in a manner that would be engaging. The article concludes by offering recommendations in this regard by suggesting that face-to-face communication will remain an ideal platform for ensuring dialogic interaction. Also, dialogic communication is hampered by internal policies and inert forces such as organizational politics. Thus, developing effective public relations via the internet requires effective dialogic communication. Mifsud, M. L., & Johnson, S. D. (2000). Dialogic, dialectic, and rhetoric: Explor ing human dialogue across the discipline. Southern Communication Journal , 91-104. Newcomb, H. M. (1984). On the dialogic aspects of mass communication. Critical Studies in Mass Communication, 34-50. Ryan, J., & Viete, R. (2009). Respectful interactions: learning with international students in the English-speaking academy. Teaching in Higher Education, 303-314. This paper describes the significance of dialogic or two-way human interactions in promoting English education to international students. It begins by stating that students who come from abroad to study in Australian educational institutions face cultural and linguistic issues which results in their getting disengaged from what is being taught in the classroom. The native-speaker phenomenon in English universities dissuades non-native speakers from effectively learning what is being taught. Owing to these cultural and linguistic differences, the method of teaching offered to such international students must be more interactiv e and engaging than that offered to native students. In this sense, the authors define the need for a more dialogic and engaging communication between the instructors and the international students. What is core to learning in Australian institutions is the diverse potential of learning that comes from a multi-cultural student body. Despite the accommodation of global aspects into the institutions’ curricula, foreign students repeatedly face deficiencies in their oral communication as well as the pressure to conform to the norms inherent in local bodies.

Republican government in US Essay Example | Topics and Well Written Essays - 1250 words

Republican government in US - Essay Example The paper demonstrates one of the significant elements of the constitution that represent the republican principle of limited government. It is where the constitution grants power to citizens, office holders and government institutions and limit all of them the exercise of power. McPherson explains that under the constitution, the sovereignty is normally divided among the state government, national government and the people, which prevent power concentration which endangers citizen’s liberty. Additionally, having endured more that two centuries, the constitution also has an element of four innovations in terms of practice and theory of the republican government. To start with the American constitution was written, and the innovation employed to create the state constitutions as well as the confederation articles. According to Curtsi, the written constitutions were significant from a vague body of law, British model and precedent, in which some were written or not. The constitu tion is also superior and separate to the government that they sought to restrain. Citizens look up to the parliament to protect their liberties from abuse of power by the state and other powerful individuals. Some of the three institutions in the new government that embodies the farmer’s commitment to the principle of representation are the house of representative, the presidency, and the senate. However, the system of representation that the framers of the constitution established the house of representative was republicanism... the sovereignty is normally divided among the state government, national government and the people, which prevent power concentration which endangers citizen’s liberty (452). Additionally, having endured more that two centuries, the constitution also has an element of four innovations in terms of practice and theory of the republican government. To start with the American constitution was written, and the innovation employed to create the state constitutions as well as the confederation articles. According to Curtsi, the written constitutions were significant from a vague body of law, British model and precedent, in which some were written or not (44-67). The constitution is also superior and separate to the government that they sought to restrain. Citizens look up to the parliament to protect their liberties from abuse of power by the state and other powerful individuals. Article V of the constitution divides the amendment power between the state governments and the national, as well as the conventions of popular citizens, where the popular conventions have been employed once since the law was amended. Some of the three institutions in the new government that embodies the farmer’s commitment to the principle of representation are the house of representative, the presidency, and the senate. However, the system of representation that the framers of the constitution established the house of representative was republicanism. Section 4, Article 4, of the constitution states that, every state in the union is guaranteed a republican form of government, but nothing has been said to add any clarification or specificity. The three institutions that embody the framers commitment were represented through direct population. This is because, on the matter of representative’s

Off Balance Sheet Financing Practices Essay Example for Free

Off Balance Sheet Financing Practices Essay OBSF is most of the times used by business enterprises to maintain their leverage or gearing positions in such a way which would not have any negative implications on the company. In the business world of today, OBSF is recognized as an important means for raising finance by means of operating leases, joint venture and collaborations with respect to Ramp;D. Following Off Balance Sheet Financing method results in significant variations in the overall financial reporting of an entity. Considering the changes in accounting and financial reporting requirements, it is generally expected that the companies using these technique will be more able to run their operations efficiently. However, keeping in view the case of off balance sheet financing and accounting in this respect, it is argued that while using OBSF companies are able to not disclose entirely the financing of their capital expenditures and thus the information required to be disclosed in this respect is not made available to the interested parties (Tyrrell 1986). This report discusses this area of accounting and explains how OBSF is actually promoted by the market economies and the expectations of increased profits from the companies. The usage of off balance sheet accounting and financing is not new. In the beginning of 20th century, this concept of managing a company’s balance sheet gained fame and the banking and other corporate sector applied this technique in their best possible interest with the main objective of keeping their balance sheets light weighted. Apart from a benefiting role played by the off balance sheet ccounting techniques, there are some serious consequences which are often associated with the application of this concept. As for instance, it is argued that among many other reasons, the practices of off balance financing and accounting also had a significant share in the recent financial downturn (Allen, et al. 2002). In this regard, Enron would be a good example to look upon. While striving for a healthy outlook o f Enron’s balance sheet, the management made use of special purpose entities with the objective of making large transactions which would not appear on the balance sheet of the company. This resulted in a healthy balance sheet outlook with huge of amounts of capital inflows but at the expense of nothing. However, this bubble of progress did not last long as the company’s stock prices started fluctuating sharply and consistently. These events created a sense of being not informed entirely about the company’s operations among the investors and after the Enron’s climax, the regulators jumped in with Sarbanes Oxley Act 2002. The Act was aimed at securing the investments of investors and introducing regulations with respect to corporate social responsibility. But these checks proved to be ineffective upon the emergence of the financial crisis in 2008 (Hall and Liedtka 2007). Increase in the global competition and more expectations from the investors and shareholders to maximize their value of investments are regarded as the driving forces in the market which influence management to improve the financial picture of a company. In addition, these expectations pose pressure on the management to find ways which may result in better presentation of the financial statements and improved earnings (Boot and Thakor 1991). The Banking sector in particular and other sectors in general are mostly seen following this approach. As for instance, there has been observed a trend of investing in such portfolios and instruments which are regarded as high risk investments. But the intention behind this is to improve or strictly stating ‘inflate’ the earnings of an enterprise without having regard to the riskiness of such investment decisions and the fact that the stakeholders of the business need justification of such improvements in the performance in the form of financial statements disclosures. For the purposes of obtaining security on the risky investments, corporations tend to enter into complex third party arrangements which cannot be disclosed in the financial statements. Apart from this, one other motivating factor which is regarded as the major reason behind this approach of management is that they have their own interests and objectives. As for instance, managers are better off in their performance appraisals when the company is showing profits consistently (Boone and Raman 2001). The practices of off balance sheet financing and accounting, as stated earlier, comprise of operating leases, joint venture and collaborations with respect to Ramp;D. Among these options, operating lease holds special importance and is given more consideration by the management due to the fact that they require minimum disclosures in the financial statements and are usually for a long term. Lease accounting is covered by IAS 17, SSAP 21 (UK) and FAS 13 (USA) (McGerty 2004, Lim, Mann and Mihov 2005). Prior to the formulation of these accounting standards, there were no obligations on the companies to disclose in their financial statements the future payments related to lease and therefore leasing was recognized as an off balance sheet financing technique. Apart from leasing techniques, there are various other methods being employed by different companies to move certain items off the balance sheet of the company. The use of off balance sheet techniques has been used to manipulate things. The most commonly used techniques to manipulate the financial information presented in the balance sheet of a company include swaps, variable interest entities (VIEs) and Special Purpose Entities (SPEs) (Ketz 2003). Although these tools have been used by companies around the world for different purposes which are mostly disclosed and transparent but the misuse of these tools has been also observed frequently by way of not disclosing the true facts. This practice has caused major setbacks to the global economy and also shattered the confidence of shareholders and investors (Hall and Liedtka 2007). As for instance, the collapse of Lehman Brothers is argued to have resulted due to off balance sheet approach followed by the company. In order to narrow down its balance sheet, Lehman Brothers moved its assets worth US dollar 50 billion from its balance sheet with the objective of portraying less amount of debt in the balance sheet (Rezny 2010). Keeping in view the above discussion and the facts stated related to the real world cases, it can be said that it is high time for the respective authorities to take measures in relation to this area of financial reporting. It is recommended that the governmental authorities and other financial reporting standards issuing bodies shall intervene appropriately through the right channels to ensure transparency in the financial reporting. Apart from this, the board of directors of corporations shall standardize the decision making processes and perform an effective oversight duty. In addition, it shall be made obligatory for business enterprises notwithstanding the sectors into which they fall, that every transaction shall be disclosed appropriately in the financial statements. Furthermore, the managers shall be motivated not pressurized to perform in the best interest of the organizations (Adams 1998). While concluding this report, it can be said that applying off balance sheet accounting and financing, whether for a good or evil purpose, has become necessary due to the increased expectations of the investors and shareholders related to the profitability of a business concern and also for the purposes of improving the financial statements overlook. Moreover, the lack of regulatory measures in this respect also has its share in promoting the adoption of this approach. Apart from this, it can also be stated that the benefits resulting from off balance sheet accounting are also considered as a means of attaining hidden objectives by managers which in turn motivates them to misuse the concept and benefit from the regulatory loopholes. For the purposes of addressing these issues, it is pertinent that the regulatory authorities who are responsible shall make such arrangements which may promote such financial reporting practices which are more representative of the facts. In addition to this, the disclosure requirements related to off balance sheet accounting and financing activities are required to be revisited.

Free

Free software Essay The freedom to run the program, for any purpose (freedom 0). The freedom to study how the program works, and change it so it does your computing as you wish (freedom 1). Access to the source code is a precondition for this. The freedom to redistribute copies so you can help your neighbor (freedom 2). The freedom to distribute copies of your modified versions to others (freedom 3). By doing this you can give the whole community a chance to benefit from your changes. Access to the source code is a precondition for this You are free to (1)study it, (2)redistribute it, and (3) modify it. 2. Why is Linux popular? Why is it popular in academia? Bell Labs offered it to educational institutions at nominal cost. The schools, in turn, used it in their computer science programs, ensuring that computer science students became familiar with it. Because UNIX was such an advanced development system, the students became acclimated to a sophisticated programming environment. As these students graduated and went into industry, they expected to work in a similarly advanced environment. As more of them worked their way up the ladder in the commercial world, the UNIX operating system found its way into industry The source code for the operating system is readily available so that students can understand more easily how GNU/Linux works and can modify the code further to understand its operation and change the way it works. 3. What are multiuser systems? Why are they successful? Sharing the computer’s power among many users and giving them the ability to share data and programs are central features of the system. a multiuser operating system allows many people to use all of the system resources almost simultaneously The use of costly resources can be maximized and the cost per user can be minimized—the primary objectives of a multiuser operating system. 4. What is the Free Software Foundation/GNU? What is Linux? Which parts of the Linux operating system did each provide? Who else has helped build and refine this operating system? The Free Software Foundation (www. fsf. org) is the principal organizational sponsor of the GNU Project. GNU developed many of the tools, including the C compiler, that are part of the GNU/Linux Operating System Linux is the name of an operating system kernel developed by Linus Torvalds and expanded and improved by thousands of people on the Internet. Torvalds’s kernel and GNU’s tools work together as the GNU/Linux Operating System 5. In which language is Linux written? What does the language have to do with the success of Linux? 95% is written in C. Because Linux is portable, it can be adapted (ported) to different machines and can meet special requirements. For example, Linux is used in embedded computers, such as the ones found in cellphones, PDAs, and the cable boxes on top of many 10 Chapter 1 Welcome to Linux and Mac OS X TVs. The file structure takes full advantage of large, fast hard disks. Equally important, Linux was originally designed as a multiuser operating system—it was not modified to serve several users as an afterthought. Sharing the computer’s power among many users and giving them the ability to share data and programs are central features of the system 6. What is a utility program? otften reffered to as commands These utilities perform functions that are universally required by users. The sort utility, for example, puts lists (or groups of lists) in alphabetical or numerical order and can be used to sort lists by part number, last name, city, ZIP code, telephone number, age, size, cost, and so forth. A utility (program), sometimes referred to as a command, is a program that performs a task that is frequently related to the operating system. A utility is simpler than an application program although there is no clear line separating the two 7. What is a shell? How does it work with the kernel? With the user? In a textual environment, the shell—the command interpreter—acts as an interface between you and the operating system. its the link between user and kernal to tell it what to do. or view what the kernal is doing. its the command line interface that accepts input from the user. 8. How can you use utility programs and a shell to create your own applications? Write a shell script, also called a shell program, or a batch file under DOS. A shell script is one or more command lines contained in a file. Make the file executable and give the name of the file as a command: The shell executes the commands in the file, as though you had typed each command individually 9. Why is the Linux filesystem referred to as hierarchical? The Linux filesystem provides a structure whereby files are arranged under directories, which are like folders or boxes. Each directory has a name and can hold other files and directories. Directories, in turn, are arranged under other directories, and so forth, in a treelike organization. This structure helps users keep track of large numbers of files by grouping related files in directories. Each user has one primary directory and as many subdirectories as required 10. What is the difference between a multiprocessor and a multiprocessing system? multi processor is a computer that has more than one processor (processing units) and multiprocessing system is the fact that it can process multiple tasks at the same time Multiprocessing is the use of more than one CPU in a computer system 11. Give an example of when you would want to use a multiprocessing system. Multiprocessing is the use of more than one CPU in a computer system so when you have more than one CPU you can take advantage of it. Multiprocessing sometimes refers to the execution of multiple concurrent software processes in a system as opposed to a single process at any one instant 12. Approximately how many people wrote Linux? Why is this project unique? The Linux kernel was developed by Finnish undergraduate student Linus Torvalds The Linux operating system, which was developed through the cooperation of many, many people around the world, is a product of the Internet and is a free 13. What are the key terms of the GNU General Public License? The GPL says you have the right to copy, modify, and redistribute the code covered by the agreement When you redistribute the code, however, you must also distribute the same license with the code, thereby making the code and the license inseparable.

Christian Faith In A Postmodern Context Theology Religion Essay

Christian Faith In A Postmodern Context Theology Religion Essay The book written by Lieven Boeve, Interrupting Tradition: An Essay on Christian Faith in a Postmodern Context deals about his argumentations on the new context that challenges Christian tradition to recontextualise itself. The fact that the Catholic Church and the Catholic faith gives meaning to life and existence facing the new reality in recent years wherein the transmission of the Christian tradition is a struggle in a large part of Western Europe particularly in Flanders. Boeve divided the book into three parts contain three to four chapters each. The first part deals with clarifying the situation in which the Christian tradition finds itself. Part two shows a radical confrontation between the Christian faith and modernity, and part three provides an historical line of thought to the present day and offer an analysis of the problem of fundamental life options (postmodern context). In the first three chapters, Boeve discus tradition and its development from modern and postmodern context. Tradition, which defines as belief, passed down in a society that can presently be experienced. In Christian tradition, it is evident that these beliefs show an important role in the very foundations of Christianity. The mere fact that truth has history led the theologians on the idea of the development of tradition. Therefore, it is indeed necessary by the passing of time that every shift in context comprises a challenge to the Christian tradition to reformulate itself in dialogue in present context. This is done through a process of recontextualisation where it shows a fact that tradition is undergoing a process of development. In line with this part of the book shows tradition viewed in the modern context that has something to do with cultural modernisation process where secularisation to which religious tradition lost its primary role as source for human values, and the generalization of values presents that respect in value and truth was only viable only in private arena. On the others hand, these evolution leads to another perspective which is the modernitys master narratives where human desire of progress in his own way. In the postmodern context, it views tradition with a definitive end. This happened because of the primary issues facing it individualisation and pluralisation. Boeve in this part of the book shows not really the end of the tradition but rather it shows a wider perspective, that a person should have an individual reflexive decision that can only be experienced in faith but it lies always the reality of choosing because this remain an option. In part two, faith in the postmodern context leads to a comparison between an open and closed narrative, which shows a clearer view, more importantly with the importance of the open narrative which does provide an adequate opportunity for a recontextualisation of the Christian narrative in our postmodern context. From these, Boeve shows way that leads closed narrative towards an open narrative and experience the modern experience of transcendence. Boeve, finally tackles in the last part of the book about the foundation of an open Christian narrative. This deals with the recontextualisation of Christian narrative in the actual context. It shows here in giving purpose to a Christian narrative. This purpose showed by the author is done by God who definitely revealed Godself in a specific human person which is Jesus. It also stated in this part about the negative theology. It is the authors intention that through this negative theology, may see the interruption of Christian narratives by God that the God who is incomprehensible, hidden and absent still can be revealed. In addition, Christianity Interrupted by the world religions, Boeve pictures different parables as a way of explaining Christianity interrupted by the world religions. In the present day situation, we may include ourselves having different narratives because in light of searching for truth, we are engaging on the same reality of being blind or having different perspective- plurality. It can also be like the parable of the ring, which indicates and tries to reveal who is the best among religions and who had the ultimate hold to the truth, but in line with the interpretation, no one can claim as the best holder of the truth. Final judgement is deferred until God comes. At the last part of the book, which is the epilogue, Boeve conclude with a reflection on the position of the Christian in the contemporary world. It is clearly stated here that faith is no longer a socio-structural option but it is a genuine faith option as an explicit choice for the Christian narrative to build human framework for a particular narrative. Faith as a faith option implies a religiously-motivated critical consciousness. Lastly, the content of the faith in the end under the pressures of modernity, one may gain nothing but worthlessness. However, Boeve shows still a positive outcome behind this situation that one may misled but soon he will find the right direction. Interrupting Tradition effectively shows the situation of Christian faith in the postmodern context by providing a perspective about the current situation of the tradition. This is the reality in that challenges tradition to be recontextualised itself. The author achieved his goal by providing this book a title that is relevant and really interrupts tradition. Likewise, it also interrupts the reader by showing arguments and facts of the reality facing by tradition. This book presents a new understanding in the part of the reader that eventually affects his own perspective and to be aware of the Christian tradition facing a dilemma. It also provides material that can lead a person to rethink what he believes. Nevertheless, even though this is the reality, every reader of this book must gain enough courage to engage in a dialogue and turn to praxis. Moreover, after reading this book we end full of hope with strength to face the new tomorrow and thanking God for giving us our own tradition as a source of foundation of our Christianity. We are in the darkness but soon find the light. As what is stated in the last part of the epilogue (p. 183), Perhaps such an open concept may be compared with a compass that, wherever one may be in the world, always points north and thus helps one finding the right direction to follow.

Andy Warhol Essay -- Biography Biographies

Andy Warhol It is rare for an artist to become a celebrity, but Andy Warhol experienced much more than his â€Å"fifteen minutes of fame†, and became an icon of his generation. Warhol was involved in many artistic fields such as painting, filmmaking and photography, but nevertheless was a businessman, social connoisseur and self-promoter. He was a major contributor to the Pop art movement, a period when mainstream objects, such as comic strips, advertisements and celebrity photos, were incorporated into many works. Warhol’s Campbell Soup series and later his celebrity series are some of the most well known works of pop art, that are still referenced in print and advertising today. However, not all of his works dealt with intriguing celebrities or mainstream advertising. Few people are familiar with Warhol’s darker side, evident in his â€Å"Disaster† paintings, a period in which such tragedy as, car accidents, suicide and capital punishment captured Warhol’s in terest. These morbid works differ from his Pop Art masterpieces, and are crucial in understanding Warhol’s overall body of work. Warhol graduated from the Carnegie Institute of Technology in 1949, with a degree in pictorial design. He then went to New York City to work as a commercial illustrator, and later began painting towards the late 1950’s. His work did not gain notoriety until around 1962 when his Campbell soup prints and Marilyn Monroe painting gained respect in the art world. However this period was a tumultuous ...

KAKA E :: essays research papers

Barker White MC-400 WED Privacy: Chapters 7 & 8   Ã‚  Ã‚  Ã‚  Ã‚  What is privacy? What makes our lives private? Privacy is a law today that has not been known for very long. The idea of privacy that everyone has running through their minds is just to be left alone. In reality what constitutes the crossing of the privacy line. It wasn’t until 1890 when two men wrote in the Harvard Law Review about the â€Å"The Right to Privacy.? The two men were Samuel D. Warren and Louis D. Brandeis, the two were young lawyers who had the sense to right papers on what they thought were Americans rights to privacy. After their ideas were published they attempted to pass their knowledge on to the court systems asking to make laws that would follow their papers. Most court systems did not accept there law until 13 years later when the state of New York passed the first privacy law. The law prohibited the commercial exploitation of an individual (Pember 240).   Ã‚  Ã‚  Ã‚  Ã‚  The privacy law that the state of New York adapted well and began spreading to many states but not vert fast, it took roughly 90 years to get the law spread. Mainly because the most of the courts used the Bill of Rights as a persons?privacy protection. To this day there are states that still do not have individual privacy rights. As our government more clearly defines our privacy rights then more states will join in on adopting the rights to their laws. Within the past couple years the government has developed for different torts that would accuse somebody in invasion of privacy. The torts are listed as following:   Ã‚  Ã‚  Ã‚  Ã‚  1. Appropriation of name or likeness for trade purposes (Pember 241)   Ã‚  Ã‚  Ã‚  Ã‚  2. Intrusion upon an individual’s solitude (Pember 241)   Ã‚  Ã‚  Ã‚  Ã‚  3. Publication of private information about an individual (Pember 241)   Ã‚  Ã‚  Ã‚  Ã‚  4. Publishing material that puts an individual in a false light (Pember 241) From the time that these torts were declared as the rights to privacy the law became much more complicated than before.   Ã‚  Ã‚  Ã‚  Ã‚  The first form of invasion of privacy is appropriation and the book defines it as taking a person’s name, picture, photograph, or likeness and using it for a commercial gain without permission (Pember 241). In laymen terms a person cannot impersonate another without the permission of the person being impersonated. This tort is the biggest of the four when it comes invasion of privacy. Of all the torts, appropriation is the oldest and the most comprehensible until more has been added on. An obvious case to relate how the basic form of appropriation works it

Frederick Douglass, an American Slave Essay -- Autobiography, Douglas

The Narrative of the Life of Frederick Douglass, an American Slave, was the first of the three autobiographies that Frederick Douglass wrote himself. It’s a story about slavery and the meaning of freedom of the antebellum America. According to The Free Dictionary, Slavery is defined as the state or condition of being a slave; a civil relationship whereby one person has absolute power over another and controls his life, liberty, and fortune (freedictionary.com). Frederick Douglass’s book is about a bondage he obtained since birth; a slave for life. He was separated from his mother, Harriet Bailey, at birth and knew his father was white male. He lived on the â€Å"Great House Farm† plantation for his younger years; this is where he saw his first violent act towards a slave. Douglass went through many ups and downs. At the age of seven, he was moved to another house where he first learned reading and writing. However, He was beaten brutally so he can be â€Å"broke n† into a good disciplined slave. Douglass describes many elements in his narrative; Douglass explains how slaveholders were able to sustain themselves with their actions. Frederick describes the ways the slaves stayed where they were and did not attempt to escape. He also addresses a number of myths created by slaves and slaveholders that he wishes to prove wrong. In the Narrative of the Life of Frederick Douglass, an American Slave, Frederick Douglass describes the ways a slaveholder sustain their actions, ways a slave was kept from escaping and proves the myths of slaves and slaveholders wrong. Slaveholders had a number of ways to justify themselves for their actions according to Douglass. One way they justify themselves for their actions was that slaves were lower than animals.... ... anguish (19).† In all, south was far what the images of fancy and big, yet depressing and unrealistic. All in all, Frederick Douglass’s book, Narrative of the Life of Frederick Douglass, an American Slave, was a story of slavery and freedom. He was fortunate that he was able to experience a better slave life than others. He was able to obtain knowledge about reading that he was not obtaining to be a slave for all his life. He, unlike other slaves, knew he was not supposed to be a slave for the rest of his life. He described the ways by which slaveholders justify themselves for their actions. He was one of the rare ones who did not lose their way to freedom; he discussed the many ways that slaves were kept from thinking about escaping and freedom. Once he was free, he wrote this Narrative and refutes many myths that many have said about slaves and slaveholders.

Philippines Literature Essay

The diversity and richness of Philippine literature evolved side by side with the country’s history. Long before the Spaniards and other foreigners landed or set foot on Philippine shores, our forefathers already had their own literature stamped in the history of our race. Our ancient literature shows our customs and traditions in everyday life as traced in our folk stories, old plays and short stories. Our ancestors also had their own alphabet which was different from that brought by the Spaniards. –> LITERATURE: the body of oral and written works, text, books, poetry, etc. these are the several things that concern this subject. we have been exposed to literature ever since we were young. reading, writing, that’s what we do. but is this really the essence of literature? the time i realized that i was going to take up â€Å"Philippine Literature† this semester, i was rather a bit curios about what would be in store for me, for the whole class. our Literature instructor Ms. Dinah Laguna-Mission is very enthusiastic in teaching us. never came a time that i felt sleepy or bored during our lit. subject. she has a lively voice and pronunciation, lively gestures and the witty use of words were the things i looked forward to every time she came. at first, i expect that the subject content and the teaching method was just a repetition of what has been taught to us during high school. but i was wrong, the different genre of literature, different devices and ever famous figures of speech were the ones being taught to us. after all the experiences and new knowledge imparted to me, i realized that Literature is not only about just reading the stories, poems, riddles, etc. but either its understanding them deeply. i thank Ms. Mission for imparting this knowledge imparted to me and the whole class for making this journey bearable and truly enjoyable one. it was beyond doubt an accomplishment for us and so, even if i finish the subject Philippines Literature, the things i learned, the memories and experience will truly mo no matter what. ^_^

The Great Gatsby Argument Essay

Viren Kumar Mrs. Parato AP Language and Composition March 2, 2013 Society’s Shadow Goals, objectives, targets, and ambitions are incentives that drive one to emerge from their comfort zone. Each individual, rich or poor, isolated or active, normal or abnormal, has a way to communicate with others and act in society based on personality. Most people want to be accepted by others to fit into society and be â€Å"normal†. There is always one person who has a different perspective than everyone else's and is uniquely considered an â€Å"outcast†.In the novel, The Great Gatsby, author F. Scott Fitzgerald portrays Jay Gatsby as an isolationist that is compelled to play ambiguous roles in society to obtain the green light across the channel, which in effect causes Gatsby to be placed in a nerve-racking situation. Society is a big influence on Gatsby and his actions. He is first introduced by Miss Baker. â€Å"[Nick] decided to call to him. Miss Baker had mentioned him at dinner, and that would do for an introduction† (Fitzgerald 20).Nick Caraway is a parallel with society because he is influenced by the thoughts and ideas of others that structure society. Since Miss Baker mentions Gatsby over dinner, Gatsby is seen as an interesting topic that needs to be explored. Jay, being an isolationist that he is, tries to hide himself from society by displaying motions hinting to people like Nick: â€Å"But [Nick] didn’t call to him, for he gave a sudden intimation that he was content to be alone† (20).Gatsby makes a â€Å"sudden intimation†, and it seems that Gatsby knows there is someone watching him and observing his every action, and in attempts to isolate himself and avoid being â€Å"[called] out to†, he makes a subtle allusion to the fact he wants to be left to himself (20). Thus society forces Gatsby to make the movement he makes by gossip and communication. Society’s observations in this passage will show t o define many of Gatsby’s actions as the novel progresses. People have secrets in their life that can determine who they truly are; Gatsby has his own that are the power that compels him to act the way he does.Gatsby is carefully observed, and as he involuntarily â€Å"glanced seaward – and distinguished nothing except a single green light, minute and far way, that might have been the end of a dock†(Fitzgerald 21). Gatsby stares at a distant green light, which implies a special connection between the two. Considering â€Å"he stretched out his arms toward the dark water in a curious way† and that Gatsby â€Å"was trembling† his secret relation with the green light must be special because one does not tremble for any reason (Fitzgerald 21).There is an emotional bonding that may date back a long time. His yearning for the light—†stretched out his arms†Ã¢â‚¬â€is foreshadowing for the rest of the story where he struggles to obtain t his light (21). An obvious tension between the relationship of Gatsby and the mysterious light is visible from the â€Å"trembling†, and this tension creates the ambiguousness in Gatsby’s role in the novel (21). Fitzgerald uses figurative language to introduce the protagonist, which exemplifies Gatsby’s mysterious appearance to emphasize his perplexing personality.As Nick is outside his home after a night with the Buchanan’s, a strange yet familiar silhouette appears just on the other side of his yard, in his neighbor’s yard. â€Å"The silhouette of a moving cat wavered across the moonlight† (Fitzgerald 20). This cat, in turn, is actually Jay Gatsby. Although, the comparison that Fitzgerald makes with Gatsby and the cat does serve as a tool to analyze his characteristics. Felines tend to walk in a stealthy manner at night, and they are very cautious about being watched. The comparison indicates that Gatsby was trying to be wary of his surrou ndings.Gatsby may be the figure, but noticing that there is no adjective on the noun, â€Å"figure†, whereas throughout the rest of the passage there are many adjectives to describe his surroundings, this anomaly provides Gatsby as a figure the appearance of an inexplicable figure (20). With his â€Å"hands in his pockets†, this signifies a sign of secrecy to illustrate his complex personality (20). Gatsby may have wanted to protect some secrets about the green light. Gatsby’s method of an introduction is an explanation of the ambiguous role he is going to play and the uncomfortable nature of his future situation.The Great Gatsby is a novel that depicts the role of Gatsby as one of an isolationist that is forced into an ambiguous role in society. Through misinterpretations of his actions, he is thought to have a misleading identity. As society observes the fascinating movements of Gatsby in his yard, the motions that Gatsby performs communicate thoughts of isola tion to society, but later on in the passage, motions such as the stretching out of the trembling arms, represent predictions of society pulling Gatsby into societal problems and issues.

A Theoretical Approach to Culture and the Study of Its Theory Essay

The concept of culture is a broad and elaborate subject that identifies with the common practices of different groups of people. Our textbook defines culture as the total pattern of human behavior and its products, embodied in thoughts, speech, action and artifacts. I personally view culture as a concept that helps us develop and identify within our own society, and societies of others. We see and experience culture everyday lives. It can be identified though groups in their beliefs, dress, language, traditions, music, food religion and â€Å"upbringing†. I personally come from a West Indian background, as my parents are from the Caribbean. Although I was born in America, foods I prepare are from Caribbean recipes. In my home calypso music is often played and if mother gets angry she begins to use words and put together words that would only make sense in our culture. Culture functions in such a way that is sociological, psychological and biological. For example sociologically, culture gives groups a sense of belonging. Psychologically groups of people create what they consider to be â€Å"normal behavioral patterns† that may be abnormal to one of a different cultural base. Culture functions biologically in the sense of reproducing their societies from generation to generation and the need for food and shelter to survive. We can tell someone of Asian decent not only by their physical traits, but also by their cultural practices. I believe our culture is embedded in us from the very beginning of our lives. From when we are babies our environment, family consciously and unconsciously molds us into learning a particular type of culture. Now more than ever because of technology and global diversity and integrations we see multiculturalism. This is where there is an acceptance of various cultures and the practice of more than one culture in people. There are significant differences in various cultural backgrounds, whether it’s Western or Eastern, but this is what makes culture ever evolving, continuously growing and intertwining. In the early stages some have tried to bring the connection between evolution and ethics. We have learned from theorists Charles Darwin who to life the theory of Human Evolution and natural selection, Sir Edwards B. Tylor who is noted for the concept of animism and Herbert Spencer whom is often linked to the phrase â€Å"Survival of the Fittest†. Charles Darwin was a pronounced and insightful theorist from the 18-19th century. What makes Charles Darwin best known is his theory of human evolution of man and natural selection. With Darwin’s human evolution, he came up with the concept that all like organisms came from simple form, which is â€Å"the origin of man†. In explaining Darwin’s theory of natural selection he believed more organisms are produced than can survive or reproduce. This creates an environment where they compete for resources and to reproduce successfully. His theory discloses some have successful genes/ traits and some do not. He believed the more powerful or successful traits/genes that are in organisms and ten passed on to offspring. The stronger traits are continuously passed on and as passed on lead to further success. Darwin believes these traits are â€Å"naturally selected†. In this way nature somehow selects traits that are more fitted for the various conditions in the environment in which they are in, these traits become and those traits tend to last over time. The steady accrual of the changing traits over an extended period of time in conjunction with a changing environment brings forth evolution. Hence linking to the phrase survival of the fittest. Over time as Darwin’s studies developed, he began to zoom in the links between animals and humans instincts. He was also convinced that organisms are all descended from common ancestors. To elaborate, he believed two organisms could be traced back through evolution at some point their linear will meet, and example would be human and chimpanzees. The success of Darwin’s theories lead to Darwinism which is the theory that all living things descended from an original common ancestor through natural selection and random variation without aid of intelligence or nonmaterial forces. Many theorists during Darwin’s concept and after used this as the foundation of their theories that they built on. Social Darwinism is where Darwin’s ideas were applied to society. Another cultural revolutionist or social Darwinists as they were referred to was Herbert Spencer. Hebert Spencer is well known for being an evolutionary theorists during the 1900s that took Darwin’ concepts of evolution to the next level. The phrase in which he is population for is â€Å"survival of the fittest† which as derived from Darwin’s concept of natural selection, but he indeed is the originator of this phrase. Spencer embraced Darwinism His theories also embodied Lamarckian and also saw selection as a means of maintaining human quality. When we hear survival of the fitness we think of possibly a battle in means of survival, but Spencer was more making reference to stronger species out living and out living the weaker ones and being able to increase and develop because of being stronger. He believed evolution evolving from simplest form to a more comprehensive form as in human beings, and that nature’s laws plays a role in the changes. Spencer also penned â€Å"Principles of Psychology† and stated that human minds were somehow linked to natural laws. What stood out to me about Spencer was his opposition in government assisting underclass. He was also against them from interjecting in economic and social affairs. He was against this because his view was it helped preserve the unfit or inferior people and assisted them in obtaining resources such as healthcare. He believed helping them would prove to be unbeneficial because it would only lead to them producing and/or reproducing more unfit people, possibly creating the â€Å"survival of the un-fittest†. He was adamant in thinking these people were lazy and did not want to work and assisting them would only enable them. In which the strong should prosper and the weak should be pushed aside Spencer also believed in individual competition and wanted to minimize government’s role in society to make survival only of stronger willed people. Lamarckism’s is the belief that organism pass on certain characteristics to offspring. Connected to his Lamarckian beliefs Herbert Spencer believed in a biological based hierarchy of races. He also believed as they grew they zoomed in on the â€Å"evolutionary history† of their race. To take this belief even further he believed characteristics even negative ones such as lying and stealing, from their race were passed down to children. Sir Edward Burnett Tylor fathered the currently accepted concept of animalism; he was influenced by Darwin’s theory of biological evolution. Development of culture and society from simple to complex forms. Europeans had sought to explain the existence of various â€Å"primitive† societies, some believing that such societies represented the lost tribes of Israel, others speculating that primitive peoples had degenerated since the time of Adam from an originally â€Å"barbarous† to an even lowlier â€Å"savage† state. European society was taken to epitomize the highest state of existence, â€Å"civilization. In the late 19th century, Edward Burnett Tylor and Lewis Henry Morgan elaborated the theory of unilinear evolution, specifying criteria for categorizing cultures according to their standing within a fixed system of growth of humanity as a whole and examining the modes and mechanisms of this growth. A widespread reaction followed; Franz Boas introduced the â€Å"culture history† approach, which concentrated on fieldwork among native peoples to identify actual cultural and historical processes rather than speculative stages of growth. Leslie White, Julian Steward, and others sought to revive aspects of sociocultural evolutionism, positing a progression ranging from bands and tribes at one end to chiefdoms and states at the other. More recently some anthropologists have adopted a general systems approach, examining cultures as emergent systems. Others continue to reject evolutionary thinking and look instead at historical contingencies, contacts with other cultures, and the operation of cultural symbol systems.

Mother and Honesty

Shu Kitamura Mr Bell AP Lang 14 March 2013 Escaping The Pain I believe in honesty. I believe that a man should never lie; any human being, regardless of what situation he or she is in, should never lie. Honesty is the core of trust. Without being honest, one cannot be trusted. Because of the corruption that lies within our souls, there is not a single person in this world who has never lied. Honesty is the noble act in which one must be truthful to his or her actions when the moment calls for it.Most people will find it hard to distinguish the moment, but being honest should be the priority. Honesty is an action that is free from all kinds of evil motives. There are times when parents lie to their children. I remember growing up believing that Santa Claus, the Tooth Fairy, and all those other imaginary things were real. Lies like that are hard to confess to, especially to little children who dream about what they are getting for Christmas. That innocence does not allow us to confess to these fantasies. But there needs to be a time when a parent must be honest.I remember when my father told me that the tooth fairy did not exist. He sat down with me and said â€Å"Shu, the Tooth Fairy isn’t real. Your Mum has been the fairy. † The rest of the day I was in shock. The many dollars that accumulated have all been my mother’s money. It was not until after a few years did I realise why my father told me. It was so that I could grow from a baby to a boy. My whole life of fantasies was a lie. But it was to protect me. I realised that it was only a matter of time before I knew that Santa Claus was not real.My father took responsibility and told me the truth. That is honesty. There are exceptions to when people have to lie to protect other people like children. It was to preserve a sense of innocence that would eventually die out. But in a sense, it was a lie. In addition to these little situations, there are many more problems out there. For example I shmael Beah was lied to so he could join the army and fight against the Rebels. The generals took advantage of the fear and innocence that he had and turned him into a killing machine.As his life progresses, he becomes more and more brainwashed as the generals feed him with fallacies and hatred. Once he was retired from the battlefield, he attended a rehabilitation centre for the war- torn children. Soon he was fed the truth and he was rescued. He could now see the world through his very own eyes. He believed that every child was lied to and that it was his mission to save others from these lies. Beah and I were both lied to yet the outcome was the same as we both lived in a fantasy. And once the truth was exposed, he was saved and I matured.Honesty and the truth is the same thing, as both words intertwine in meaning and value. It is a valuable virtue that should be present among all people. When everyone in this world is honest, the world becomes honest and it becomes the â€Å"id eal† or â€Å"perfect† society. And so, people should practice honesty everyday whenever possible, so that an honest world can be built for ourselves and for future generations. I believe that one day, the world will unite as a whole with no pain and suffering. I believe in honesty.