Thursday, October 31, 2019

Global Trends in Crime Research Paper Example | Topics and Well Written Essays - 2750 words

Global Trends in Crime - Research Paper Example These crimes have more or less infiltrated all corners of the globe, making the apprehension and prosecution process difficult and complicated to carry out. This paper shall discuss the current global trends in crimes, paying particular attention to the infiltration and increased rates of internet crimes and the remedies which have been set forth by the different governments of the world. This paper is being carried out with the hope of establishing a clear and comprehensive discussion of the subject matter and its impact on the governments and the general population. Discussion With the advent of information and communication advancements, the geographical borders of countries have become virtually penetrable (Rosenau, 1995). The porosity of our borders as well as the anonymity of transactions in the internet has created opportunities for criminals and violent groups, as well as for terrorist groups to expand their operations in the international scene. Government-supported cyber-te rrorism groups in some regions and hackers have strengthened their skills further in the digital world (Comite Europe’en Des Assurance, 2004). With the coordinated processes between organized crimes and the digital world, the general security of the global landscape has been made vulnerable (Williams, 2001). The Federal Bureau of Investigation sets forth that cyber criminals have launched attacks on many Fortune 500 corporations. In fact, based on reports by the International Data Corporation, about 39% of Fortune 500 companies have been attacked in the digital world via security breaches. Hackers have also been known to attack the Pentagon, the White House, and NATO (Lunev, 2001). Attacks on Microsoft have also led to the theft of their secret source codes; and credit card numbers from various banks have also been accessed illegally by these hackers. About 20 years ago, terrorist activities had to be carried out with much bloodshed and physical contact among combatants, and now, the digital world has made it possible to achieve the same ends of terrorism without the necessity of physical contact among combatants (Verton, 2002). Consequently, terrorism has become an even more dangerous practice and the FBI and other law enforcement authorities have recognized the dangers it poses to the general population. Through the rapid digitization of businesses and other political and social establishments, thieves and other criminals have also gone digital with the manner of their commission of crimes (Carblanc and Moers, 2003). These organizations and corporations have been prompted by these attacks to worry and protect the security of their digital networks. But these crimes seem to evolve as the digital technologies are also evolving. Some of these crimes shall be discussed in this paper. Cyber crimes or cyber attacks are simply defined as crimes which are carried out with the use of a computer network (Kshetri, 2005). In general, cyber crimes include critical infrastructure attack, fraud, online money laundering, criminal uses of Internet communications, identity fraud, use of computers to carry out traditional crimes and cyber extortions (Kshetri, 2005). Other cyber crimes include cyber-stalking and cyber bullying. Other cyber crimes are traditional crimes which are carried out with the use of computer networks. Some of these crimes shall be discussed below. One of the current concerns in the world of crime is the fact that it has become even more difficult to estimate the

Tuesday, October 29, 2019

Nursing Education Essay Example for Free

Nursing Education Essay This paper will outline the differences in competencies between Associate Degree in Nursing (ADN), and Bachelor in Science of Nursing (BSN) prepared nurses. Then identify a patient care situation describing how nursing care or approaches to decision making may differ based upon the educational preparation of the nurse. The Free online Dictionary (2013) depicts competency as â€Å"The quality of being competent or capable of performing an allotted function.† Here is a comparison of two different pathways to becoming a Registered Nurse: Associate Degree in Nursing (ADN), and Bachelor in Science of Nursing (BSN) programs. Born out of the nursing shortage in 1952, the Associate Degree nurse came in to fruition thanks to Mildred Montag. The Associate Degree program for Registered Nurses is two-three years length. This program does hold academic credit based on clinical and general studies preparing these students to be able to function as â€Å"technical† bedside nurses. At the end of the ADN program students are eligible to take the NCLEX-RN (Creasia Reid, 2011). The Bachelors of Science program is four years in length and actually regarded by the American Nurse association as the original entry level requirement to becoming a Registered Nurse (Smith, 2009). This program originated in 1909. The BSN program is based on evidence based practice, Community nursing, and prepares these nurses for leadership roles whereas the ADN programs do not function to prepare nurses in leadership roles (Creasia Reid, 2011). This is due to the program providing education, described by Creasia Reid, 2011, also on â€Å"Information management, health care policy and finance, communication/collaboration, clinical Prevention/population health and professional values.† (p. 25). At the end of the program these Nurses are eligible to take the NCLEX-RN. With differences in the level of education among RN’s this brings up the controversial topic of: Do the difference in educational levels of BSN prepared nurse and ADN nurse make the more educated BSN more prepared for the challenges of nursing today? There is much more research needed on this topic. Online Journals such as Policy Politics Nursing Practice Ellenbecker, 2011 state, â€Å"Today’s environment of expanding knowledge, the call for interdisciplinary healthcare delivery teams, and evidence of the relationship between nurse education and improved patient outcomes strongly indicate the need for nurses prepared at the baccalaureate level.† (115-125). Studies such as Aiken (2003) depict negative outcomes such as failure to rescue and mortality were nineteen percent lower in hospitals post-surgical patients where sixty percent of the nurses had baccalaureate degrees. The American Association of Colleges of Nursing 2003 provide an entire fact sheet depicting h ow BSN nurses may be more prepared than diploma or ADN to meet the demands of nursing today. They state this is due to the broader span of course work provided in the BSN program. The BSN nurse learns what the diploma and ADN nurse learn but receive a more â€Å"in depth† experience thus allowing them enhanced â€Å"professional development, a greater understating of cultural, political, economic and social issues affecting patients and influencing health care delivery.† (AACN 2003). Nurses holding a BSN education could indeed be more able to provide the approach of looking at the patient as a whole, as well as enhanced critical thinking skills. (AACN 2003). One clinical example that depicts the difference in patient care situation describing how nursing care or approaches to decision-making may differ based upon the educational preparation of the nurse BSN versus a diploma or ADN degree. The issue of â€Å"may† provide different approaches to decision making is appropriate. There are studies that support that BSN prepared nurses are better prepared and studies that suggest that there is no significant difference in care delivered by BSN compared to the care delivered ADN and Diploma nurses. When faced with the evidence that BSN prepared nurses are taught a higher level of education and to utilize evidence based practice (AACN 2003) (Creasia Reid, 2011). The BSN prepared nurse may be better prepared to think more critically and research why they do a task and not just do the task blindly. For instance evidence-based practice provides hospitals with ways to decrease CAUTI from occurring (AJIC 2011). This is â€Å"Catheter-associated urinary tract infections (CAUTI). According to AJIC 2011, â€Å"CAUTI are â€Å"common, morbid, and costly†. â€Å"Nearly 25% of hospitalized patients are catheterized yearly, and 10% develop urinary tract infections. Evidence based guidelines exist for indwelling urinary catheter management but are not consistently followed.† (pp. 1-6). Being educated enough to look up what the evidence based practice guidelines on catheters are can significantly increase positive patient outcomes. Furthermore, AJIC 2011 states also that when nurses where â€Å"re-educated† on a â€Å"basic skill† and† infusing best evidence into current practice were important to raise awareness of simple interventions that positively impacted patient outcomes and infusing best evidence into current practice were important to raise awareness of simple interventions that positively impacted patient outcomes.† (pp. 1-6). Nurses who are more educated on reasons behind evidence based practice understand the importance of implementing it into current nursing practice. So it could be said that a BSN prepared nurse is more likely to utilize the practice guidelines that are evidence based. This provides an example how a BSN nurse could be more likely to make a different judgment call than a diploma or and nurse and take initiative to ask the MD for an order to support an evidence-based decision. To summarize there three pathways to becoming a Registered Nurse: Diploma, ADN, and BSN programs. Each has unique qualities. The program that offers a more â€Å"in-depth† education is the BSN program. All programs lead to the same end point of allowing the student to the NCLEX-RN. There are varying viewpoints on whether or not a BSN versus ADN nurse is better educationally prepared for the nursing workforce today. References American Association of Colleges of Nursing. (2013). The impact of education on nursing practice. Retrieved on January 18, 2013 from: http://www.aacn.nche.edu/media-relations/fact-sheets/impact-of-education Aiken, L. H. (2003). Educational levels of hospital nurses and surgical patient mortality. Journal of the American Medical Association, 290 , 1617–1623. Retrieved on January 19, 2013 from: http://www.ncbi.nlm.nih.gov/pmc/articles/PMC3077115/ Creasia, J. L., Reid, PHD, RN, K. B. (2011). Conceptual foundations the bridge to professional nursing practice. (5th ed.). Ch. 2, pp.1-39. St. Louis, Missouri: Elsevier Mosby. Retrieved on January 19, 2013 from: http://pageburstls.elsevier.com/books/978-0-323-06869-7 Ellenbecker PhD, RN, C. (2010, 08 30). Policy politics and nursing practice preparing the Nursing Workforce of the Future. vol. 11 no. 2 115-125. Retrieved from on January 19, 2013: http://ppn.sagepub.com/content/11/2/115.abstract Farlex, Inc. (2013). The free dictionary. Retrieved on January 19, 2013 from: http://www.thefreedictionary.com/competencies Oman, K. S., Flynn Makic, M. B. (2011). Nurse-directed interventions to reduce catheter associated urinary tract infections. American Journal of Infection Control, 1-6. Retrieved on January 19, 2013 from: http://www.ucdenver.edu/academics/colleges/medicalschool/departments/medicine/hcpr/cauti/documents/TeamPublications/Nurse-Directed Interventions to Reduce Catheter-Associated Urinary Tract Infections.pdf

Sunday, October 27, 2019

Compatibility Of Divine Foreknowledge With Human Freedom Philosophy Essay

Compatibility Of Divine Foreknowledge With Human Freedom Philosophy Essay In this essay I will discuss Leibnizs position that divine foreknowledge of all events is compatible with human freedom and why it is that I agree with his position. To do so, I will first discuss Leibnizs position. Next, I will discuss what divine foreknowledge is and what human freedom is, so that it will be much easier to understand Leibnizs position. Following these descriptions I will provide Leibnizs conclusion and then show that his position is in fact correct due to the lack of contradiction between the two concepts that would have made divine foreknowledge and human freedom incompatible. Leibniz believes that divine foreknowledge, meaning Gods prior knowledge of every action, occurrence or event, is compatible with human freedom (Schlà ¶sser) which means that there is no contradiction between the two and that they go hand-in-hand. This mention of compatibility shows that Leibniz believes that divine foreknowledge works with human freedom and does not disrupt freedom in any manner. Before venturing on with Leibnizs position, it is best to first describe the two concepts in which Leibniz is considering which is Divine foreknowledge and human freedom. Divine foreknowledge is the knowledge of the world and everything within it which is preordained by a divine figure, which in this case is God (Schlà ¶sser). This concept of divine foreknowledge assumes that everything in the past and things in the future, that have not occurred yet, have already been seen and put in place by God. The concept of divine foreknowledge can be related to a priori truths (Leibniz 31) because the ability to know and see everything prior to its occurrence leaves no room for truth without all possible facts. What I mean by this is that, since God has created all and has the ability to see everything in that past, present and future, it is impossible for the truth/knowledge to be without factual backgrounds and is therefore a priori. Divine foreknowledge also follows the principle of contradiction which relates to all truths that concern possible or essences and the impossibility of a thing or its necessity (Leibniz 19). There is quite a difference in terms of human knowledge as human knowledge contains both a priori and non a priori truths. The reason for this is because humans do not possess the unlimited knowledge as divine foreknowledge does. This means that humans are incapable of knowing everything in the past, present and future which deems their knowledge very limited and cannot possess the ability to know everything with complete factual backing. There are truths in human knowledge which are a priori such as there is no effect without a cause (Leibniz 31) but there are also non a priori truths that humans are subject to such as, a hundred people on Earth, weigh the same as a hundred people in an unknown universe, which cannot be proved because this unknown universe has no factual backing to it to prove this claim, yet the truth/claim still exists. A good example of divine foreknowledge, given by Leibniz, is Julius Caesar and his rise to dictator and emperor of Rome (45). Leibniz writes that it is within Caesars notion, or natu re, as predetermined by God, that Caesar would overthrow the Roman Empire (45). Leibniz does not say that to do the opposite (i.e. not overthrow the Empire) would be impossible but seeing that it has been predetermined it is impossible (45). That may seem confusing, but what Leibniz means is that Caesar always had the choice to do the opposite but chose to overthrow the Empire, and the foreknowledge of this event is irrelevant in the choice that was made. Leibniz states that to find a connection between the subject, Caesar, and the predicate, his successful undertaking, he would in fact be showing that Caesars future dictatorship is grounded in his notion or nature (45), which is a predetermination of God but still is founded on free will as the decision to [cross] the Rubicon and [win] rather than [lose] at Pharsalus was based purely on reason and not cause (45). With this example, Leibniz is able to show not only how divine foreknowledge works, but also its connection and compatib ility with human freedom. Human freedom, as described by Leibniz, is any action that is committed purely out of personal views, beliefs, goals, et cetera (Schlà ¶sser). This action cannot be influenced by any other source outside of ones own self, else the action cannot be deemed as free (Schlà ¶sser). Also, it is merely reasons that guide us rather than the cause, which means we do things based primarily on a reason to do so instead of committing actions consistently for the same cause as everyone else, which is to say we were being controlled at every moment. Human freedom is different, in a sense, than that of divine freedom. Human freedom is limited purely by the person committing the action and his/her morals, beliefs and values (Schlà ¶sser) that back the action, while divine freedom is somewhat similar in its limits where the actions are limited purely by doing the right thing and not the wrong. Overall both freedoms are similar in that they are limited by some form of morality or belief, one of the only differences being that there is still the free will to choose ones action (Schlà ¶sser) over preordained divine freedom which is already set in stone. Therefore if free will is based primarily on ones own self and nothing else, then it is safe to assume, still, that Gods foreknowledge of these events is compatible. Leibniz has shown what it means to have free will and what divine foreknowledge is, as I have discussed. What must now be discussed is what makes divine knowledge so compatible with human freedom? At first, it seems as if God already knows whats going to happen before it even occurs, but then it couldnt be possible for humans to have free will as their every action had been preordained. However, this is not the case. It may be the case that God does has foreknowledge of every event, even prior to its creation, but what allows for human freedom to exist is that it is the person who commits the action at that point and time (Schlà ¶sser). God may have pre-existing knowledge of what you are going to do, but God does not control your actions every step of the way. It is still the person who makes the choice based on their own reason (Schlà ¶sser). Unlike a machine (Schlà ¶sser), humans have the option to choose a different path regardless of divine foreknowledge. This can be seen in t he world everyday with overbearing amounts of sin. These sins were also predetermined but not prevented by God (Schlà ¶sser), because if all foreseen sinful acts were prevented than there would be no existing human freedom and therefore divine foreknowledge would, instead, not be compatible with human freedom as the two concepts would create a contradiction. That being said, since there is sin in the world, it means that God has allowed for humans to make their own decisions based on their own reasons, beliefs, nature, et cetera, which means that human freedom does exist, even when the event at hand had been foreseen by God. Therefore, Leibniz can conclude that divine foreknowledge is in fact compatible with human freedom. I am in complete agreement with Leibnizs position on human freedom and divine foreknowledge. Leibnizs concept of divine foreknowledge not interfering with human freedom appears to be sound in its explanation. There would be more issues concerning freedom if divine foreknowledge had any effect directly on human decision in real-time. This means that as the decision to act is being made, a divine being is there to bend our choices to the right decision (i.e. a puppeteer). If this is the case then there would not be any free will in existence because, as Leibniz notes in his explanation of free will, our will is being governed by some external force (Schlà ¶sser). Therefore the action committed is not a free choice but a controlled one. I believe Leibniz is correct in saying that divine foreknowledge is not a problem for human freedom because this knowledge of all events is predetermined long before the existence of such events and therefore has no direct effect on human freedom to cho ose between the right and wrong decision. There is another way to look at this scenario that may better solidify Leibnizs claims (other than the Caesar example). To stray away from divinity for a moment, lets say that there is an ordinary man who can see into the future. This man has a vision that a teenage thug is going to steal a purse from a store in downtown Toronto. Moments later a teenager walks into a purse store. At this very moment, the teenager has the choice to do the right thing and rather purchase a purse or leave the store empty handed. The other option is to do the wrong thing and steal the purse. This choice is what determines the existence of free will. The teenager chooses to steal the purse for her own reasoning and leaves the store. I will now pose the following question: is the mans ability to foresee this theft a disruption of the existence of this teenagers freedom? The answer is simply, no. This vision, or foreknowledge, is simply an ability to foresee other humans making their choices to do good and bad things and not the ability to command or change a persons mind to choose right over wrong, as this would disrupt human freedom. This example provides a well-rounded and more up to date explanation of Leibnizs claim. The only difference would be that the man with visions could choose to stop the person from doing what is wrong, which is a little different from God, who has known about all events prior to their creation but will not interfere with free will. To make the example a little more satisfying, we can say that the time between the vision and the action is mere milliseconds, so that no disruption will be provided to intervene with free will. All-in-all the mere fact that God allows for sin to occur and that he is all knowing shows that this divine figure does not wish to intervene in human free will and change the outcomes. Just like the man with the visions, God has foreseen a humans every action but what God sees is free will in action as the person chooses to commit right and wrong actions. By no means does foreseeing an event occur, grant that that something or someone is being controlled. If it were the case that foreseen actions were tampered with, then human freedom would not exist. The same can be said for the man with visions. If the man decided to assist those people he foresaw in charging their ways to the right decision (not taking into account the very minute time gap put in place between vision and action) he would also be interfering with another persons free will, but at the same time is making use of his freedom of choice in order to help this person. This means that the man must implement his free will in order to do the right thing (although it can be argued whether interfering with another persons free will can in fact be considered the right thing to do). Therefore this example shows that the mere foreknowledge of an event does not mean that it contradicts free will, which means that div ine foreknowledge is in fact compatible with human freedom and also that Leibniz is correct. In conclusion, I have discussed Leibnizs position, that divine foreknowledge of all events is compatible with human freedom, by providing an explanation of what divine foreknowledge is and what it means to have free will in accordance with Leibniz. I then grouped the two concepts and explained why Leibniz thought they were compatible and then provided Leibnizs example of Julius Caesar and divine foreknowledge to show this. I then concluded this essay with why I agree with Leibnizs position and provided an example of my own, regarding a man who has visions of the future, to provide a better understanding of Leibnizs position without the use of divine characters. After careful consideration of Leibnizs position and reasoning I have concluded that Leibniz is correct in his position and divine foreknowledge poses no contradiction to human freedom and is indeed compatible with it.

Friday, October 25, 2019

Free Essays - A Raisin in the Sun :: Raisin Sun essays

â€Å"A Raisin in the Sun† is set at in an area where racism was still occurring.   Blacks were no longer separated but they were still facing many racial problems. The black Younger family faced these problems throughout the play.   The entire family was affected in their own way.   The family has big dreams and hope to make more of their poor lives.   Walter, the main character, is forced to deal with most of the issues himself.   Ruth, his wife, and Travis, his ten-year-old son, really don’t have say in matters that he sets his mind to.   Beneatha, his sister tries to get her word in but is often ignored.   Lena (Mama) is Walter’s mother and is very concerned about her family.   She tries to keep things held together despite all of the happenings.   Mama’s husband had just recently died so times seemed to be even harder.   They all live in a small apartment when living space is very confined (Hansberry 1731).   They all have dreams in which they are trying to obtain, but other members of the family seem to hold back each other from obtaining them (Decker).      Walter has a steady, but low paying job and wishes that he could do more for his family.   The money he makes hardly provides enough for his family to survive.   He is constantly thinking about get rich quick schemes to insure a better life.   He doesn’t want to be a poor back man all of his life and wishes that he could fit in with rich whites.   He doesn’t realize that people won’t give him the same opportunities, as they would if he were white (Decker).   Walter feels that he needs to provide more for his family and starts to ask around on how to make some money.   He gets the idea of opening up a liquor store and has his heart set on it.   Because he wants to please everybody he loses his better judgment and acts without thinking of the long-term effects.   He is ready for a change and feels the store will bring his family a better life (Hyzak).   â€Å"Mama, a job? I open and close car doors all day long.   I drive a man around in his Limousine and say, Yes, sir; no, sir; very good sir; shall I take the drive, sir?   Mama, that ain’t no kind of job ... that ain’t nothing at all† ( Hansberry 1755).

Thursday, October 24, 2019

Essay on Multinational Companies Essay

Multinational companies are giant firms with their origin in one country, but their operations extending beyond the boundaries of that nation. For reasons of marketing, financial and technological superiority, these multinationals are generally considered as a sine qua non of the modernisation of an economy. They have been responsible for the rapid economic liberalisation in India in 1991, the question of the entry of multinational corporations (MNCs) has assumed significance. Multinationals corporations, mostly from the United States, Japan and other industrialised nations of the world, have en ­tered our life in a big way. Foreign investment proposals and commercial alliance have been signed on an unprecedented scale, thus giving rise to the controversy whether these multinational corporations are our saviours or saboteurs. This is so because of the vital difference between the economies of developed and developing nations. This requires that the entry of multinational corporations in India be examined from this angle. According to A.K. Cairn cross, â€Å"It is not possible to buy development so cheaply. The provision of foreign capital may yield a more adequate infrastructure, but rarely by itself generates rapid development unless there are already large investment opportunities going a begging That is why the intervention of multinational corporations is imperative in the context of the economic growth and modernisation of developing economies where ample investment avenues lie open and yet due to lack of capital and technical know-how, these potentials remain unexploited. Multinational corporations help in reorganising the economic infrastructure in collaboration with the domestic sector through financial and technical help. If we consider the case of our country immediately after Independence, ours was an agrarian economy with a weak industrial base and low level of savings. â€Å"Though the public sector was supposed to cure these ills, with problems like paucity of funds, lack of technical know-how and other amenities, it seemed an impossible proposition. Hence, the help of multinational corporation was sought in terms of fi ­nance and technology. As a consequence of the public sector multinational corporation nexus, from a miniature one, the Indian industrial economy assumed colossal dimensions and India is considered one of the most industrialised nations of the world today. However, there is another school of thought, which de ­nounces multinationals as an extension of imperialist power and potency source of exploitation of the Least Developed Countries (LDCs) by the developed economies of the world. According to them, MNCs are an expensive bargain for a developing economy from the foreign exchange point of view. These days when developing countries are struggling with massive foreign debts and their development plans are held up due â€Å"to paucity of funds† .this may be considered a serious drawback. Second, multinationals evade paying taxes in most countries by concealing profits. Government agencies entrusted with the task of collecting the taxes and scrutinising their accounts are often bluffed by them as they do not know enough about the industries they are asked to deal with. Third, multinationals often provide inappropriate technol ­ogy to the developing nations. The technology provided by them is very often too sophisticated to adopt or too absolute by international standards. Further, transfer to technology in accordance with resource endowment of LDCs involves high cost and this may prevent MNCs from transferring appropriate technology to these countries. Fourth, some of the evils of the multinationals emanate out of their  oligopolistic character. Collision is the main determinant of its price policy, which ensures profit at the cost of high level of consumption at a lower price. Even the impact of high productivity brought about by them through the technology-cal advancement is not conducive to the working class because of pre-determined level of profit under oligopolistic criterion. Fifth, concentration of economic power is the main charge against MNCs.This economic power is often used to distort national politics and international relations by multinationals. These enterprises build up a power entity of their own. They never hesitate in exploiting the social and political weakness and economic backwardness of the LDCs to their own benefit. A multinational corporation is neither a saviour as its pro ­tagonists claim, nor a saboteur as its detractors make it out to be. It is a mix of virtues and vices, boons and banes. Charges levelled against multinationals are serious, yet it also remains a fact that, despite all these disastrous consequences of their working, multinationals have emerged as the most dominant institutions of the late twentieth century. As such, third world countries in general, and India, in particular, will have to deal with multinationals despite their ugly designs. The Government must, therefore, have an optimally bal ­anced policy towards MNCs after weighting the various pros and cons of the issue. It would not go for foreign collaboration in areas where adequate Indian skills and capital are available. Whenever the need for foreign collaboration is felt in areas of high priority, emphasis should be on purchasing outright technical know-how, technological skills and machinery. But only if this is not possible, should MNCs be allowed to operate in India? Once these safeguards are taken, multinational corpora ­tions will give an uplift to national economy by bringing in quality goods and services to the country. They will reward enterprise and talent; the inefficient would, of course, have no place in the new scheme of things. Hence, the hue and cry by interested party, who, dub MNCs as saboteurs. Multinational corporations will demand efficiency, punctuality and dedication things which are deadly lacking in national life today. They will demand a certain work culture from the employees as well as the employers besides offering the best of goods and services to their clientele. They should, therefore, be viewed as saviours of national economy rather than saboteurs because we have seen where our previous policies, have landed us right at the bottom of the list of industrialised nations. The economy has steadily picked up since the liberalisation measures were introduced. This must ‘continue if we are to emerge as a global economic power in the next century. And multinational corporations are the only answer.

Tuesday, October 22, 2019

Trifles

Trifles Susan Glaspell’s play â€Å"Trifles† dates back to 1916. The play was written in a period of great strife in both social and literary fronts. Glaspell’s play is based on real life events that she witnessed when working as a reporter. The play is based on the playwright’s observations as opposed to real life events.Advertising We will write a custom essay sample on Trifles specifically for you for only $16.05 $11/page Learn More â€Å"Trifles† features a scarce character pool of main characters. There are three women and three men in the play. All the characters in this play a vital role to the play’s development. Some of Glaspell’s characters in this play are flat while the others are more rounded. This essay explores the roundness or flatness of the characters in â€Å"Trifles† and their conformity to stereotypes. The main difference between flat and round characters is that flat characters do not chan ge as much as round characters do. Rounded characters seem more interesting because they develop in the course of the story. Round characters are also more believable because their complexity resonates with the audience. On the other hand, flat characters remain static in the course of the play. In â€Å"Trifles†, the women characters are rounded as opposed to the men characters who are more flat. Glaspell uses a unique methodology of character development in her one-act play. The main conflict in the play is the murder of John Wright. Although the murder is not solved in the course of the play, some characters are able to develop. The men characters are obviously flat characters. Mr. Hale and the sheriff are both middle-aged men who come to Mr. Wright’s house to investigate his murder. Mr. Hale is a neighbor to the Wright family. His character does not undergo any major changes or transformations. Hale only provides information to the audience. We learn about details of the murder from Hale. All of Hale’s statements are static from the beginning to the end. The sheriff’s character does not provide much input to the story. The only thing we know is that the sheriff is here on official duty. Most of his dialogue is used to reveal what is happening on the stage. Both the sheriff and Mr. Hale are not interesting characters and their input to the play’s plot is negligible.Advertising Looking for essay on american literature? Let's see if we can help you! Get your first paper with 15% OFF Learn More The county attorney George Henderson came to Mr. Wright’s house in his capacity as an investigator. It is also probable that his job will also include prosecuting Mrs. Wright in case she is tried for her husband’s murder. He is portrayed as a young professional who looks down upon women. His initial feeling is that Mrs. Wright is guilty for the murder of her husband and she should be charged in cou rt for it. His conviction does not change throughout the story and his distaste for Mrs. Wright is evident. For instance, at one time he criticizes her house keeping skills. All the men in the play conform to stereotypes in several ways. First, they are quick to dismiss any ideas that come from the women even though they are crucial to the investigation (Glaspell 1095). The men believe that women cannot be of any help to the investigation. However, in the end it is the women who find a possible motive to the murder. Moreover, the men expect the women to obey them and that is why the attorney does not bother to check them for any concealed evidence when it is time to leave the Wright’s house. Both Mrs. Peters and Mrs. Hale are well-rounded characters and their character growth is evident throughout the play. Their characters’ development is verified through their feelings, emotions, and feelings. Mrs. Peters is the wife to the sheriff. She defends the men in the room by claiming that their actions are justified because they are only doing their jobs. She does not seem very opinionated and tends to believe what the men-folk say. However, she is the first to discover that the birdcage is empty. She reckons that bullies are very hurtful and they too deserve to feel the pain they inflict on others. She moves from being a follower to being Mrs. Hale’s co-conspirator. She acts against the attorney’s wishes when she colludes with Mrs. Hale and they hide the evidence. Mrs. Hale is the most rounded character in the play. In the beginning of the play, she is standing in a corner with Mrs. Peters until the men beckon them to get closer to the stove to seek warmth. Mrs. Hale was acquainted with Mrs. Wright even before she was married. After a few recollections, she starts feeling guilty for having neglected Mrs. Wright (Glaspell 1048). She genuinely feels sorry for Mrs. Wright and jumps at the opportunity to help her by hiding the dead bird. The women in the play do not abide to any common stereotypes.Advertising We will write a custom essay sample on Trifles specifically for you for only $16.05 $11/page Learn More For instance, the attorney assumes that Mrs. Hale and Mrs. Wright are friends just because they are neighbors. This assumption is based on the stereotype that all women are social beings. The women also defy stereotypes by keeping the information they found in Mrs. Wright’s kitchen to themselves. Glaspell, Susan. Trifles-The Heath Anthology of American Literature Vol D. Ed. Paul  Lauter, Boston, MA: Houghton Mifflin, 2006. Print.

Monday, October 21, 2019

The Dangers of Non-metals to the Environment Essays

The Dangers of Non-metals to the Environment Essays The Dangers of Non-metals to the Environment Paper The Dangers of Non-metals to the Environment Paper Among the most harmful and dangerous non-metal compounds are nitrogen oxides, sulfur dioxide, carbon dioxide, carbon monoxide, and hydrogen sulfide. These can cause devastating effects to human beings, plants, animals and the environment. Metals are generally less harmful, although lead is extremely toxic. Hydrogen sulfide is a highly toxic gas. It has a very bad smell, often identified in rotten eggs and stink bombs. Hydrogen sulfide interferes with cellular respiration. If inhaled, Hydrogen Sulfide combines with Mongolia in the bodies of human beings and other mammals. Mongolia is the substance in blood which carries oxygen to tissues. In combining with the hemoglobin, hydrogen sulfide prevents the transportation of oxygen. Without oxygen, people cannot live. Although hydrogen sulfide is very foul smelling, it can quickly paralyses the sense of smell, overcome the victim, and cause death. Alt also causes irritation of mucous membrane in the eyes and respiratory tract. Carbon Monoxide is colorless, odorless and tasteless. People breathing it usually fall asleep without realizing they are poisoned. It prevents hemoglobin from supplying oxygen to the body. This may prove to be fatal. Carbon monoxide is produced when substances containing carbon are burned without oxygen present. Car engines and decaying swamp gas produce it. Continual exposure may lead to heart disease. Acid rain is a broad term used to describe several ways that acids fall out of the atmosphere. Rain, snow, sleet, or other wet precipitation that is polluted by sulfuric acid and nitric acid can harm lakes, rivers and streams relied, killing fish and wildlife. It damages bridges, buildings, statues by eroding them. High concentrations may harm forests and soil. When carbon dioxide is in excess, it allows to much sunlight to reach the atmosphere, producing the greenhouse effect. This stimulates significant climatic changes, which may lead to flooding, disrupted weather patterns, and destruction to plants and animals. Too many UP rays can damage peoples skin, and even cause sunstroke.

Sunday, October 20, 2019

The Middle Ages essays

The Middle Ages essays The Roman Empire geographically established the original concept of a European boundary. With all of it's great achievements likee civil law, politics and literature, the collective willpower of the Roman Empire would eventually degrade over time and give way to new ideas andd influences. The empire of Rome did not fall- it fizzled. The Western Roman Empire gave way to the Middle Ages around 476, when the Barbarian,, Odoacer, overthrew the emperor Romulus Augustulus. Other historians give the year 410, when Alaric, king of the Visigoths, sacked Rome. Still,, others say about 500 or even later. In any event this early medieval period is often referred to as the Dark Ages because of the apparent collapse off Greco Roman culture. During this time their was no effective government and no sense of state, just small autonomous tribes and peasantt communities. Local life was isolated, fragmented, dreary, illiterate and superstitious.. For various reasons, Germanic people to the North had long desired to expand into Roman territories perhaps because of pressures from overpopulation, wars, or food shortages. These Barbarians were semi-nomadic tribes led by warrior chiefs. They advanced forcefully against the Empire in the fourth century as the strength and determination of the Roman Empire was being degraded by political decay, civil war, economic problems and social decadence. Various Barbarians such as the Ostrogoth, Vandals, Lombards, Franks, Angles, Saxons and other tribes overcame a disintegrating Roman Empire. The advanced systems of Roman law, culture and government gave way to crude forms of Barbarians. These invaders lacked the ability to continue the achievements in art, literature, and engineering. However, these invaders also brought with them new ideas and traditions that changed Roman culture to a more diverse and defused culture which altered the course and development for later Eu...

Saturday, October 19, 2019

Continuous Expansion of its Economy Assignment Example | Topics and Well Written Essays - 3500 words

Continuous Expansion of its Economy - Assignment Example If Hip-hop sells CDs at 11, Gerries sells it at 10 and the latter gets 1800 monthly sales. If Hip-hop sells at 10, still Gerries gets 1800. A low price of 10 is the dominant strategy because Gerries gets it no matter how much the price Hip-hop sells the CDs. The retailers have the option to sell the CDs at 10 or 11, and they can have a pre-commitment to meet the competition. If both sell at 10, they get 2000 each monthly sales, and if they sell at 11, they get 1800 each monthly sales. This is the dominant price. They can collude successfully, meaning they agree to sell this at this price. But each has the option to manipulate or to retaliate. Gerries can outsmart Hip-hop or Hip-hop can outsmart Gerries, making the 360 - 1600 sales for the 10 - 11 sell-off. They both have the ability to retaliate because the difference is only 1. And what is 1 But what is 1 if you multiply it with the number of CDs sold in a month The figure is enticing to the mind of a retailer/businessman because it would seem big: 1 x nos. of CDs in a month would seem big. But if we follow our matrix, the picture is clear that if one sells at 11 and the other 10, the one who sells high will only get 360 and the other 1600. Two fast food restaurant chains, BurgerBinge and McGinnis, are considering outlets within the same small shopping mall. If they both begin operations they will each lose 100,000 pa. If only one sets up it will earn 250,000 pa. profits. Draw up the pay off matrix. Use the matrix to define and explain the notion of "first mover advantage". In the first-mover advantage, a game is in equilibrium when neither player has an incentive to alter their choice. This means that both players have decided to set up their outlets. If they withdraw or do not set up, the game is not in equilibrium. In the matrix, if BurgerBinge sets up the outlet alone, he gets 250,000 profits pa, but if McGinnis sets up too, they will both lose 100,000 each. When both do not set up, they won't have profits, and the game is not in equilibrium. Â  

Friday, October 18, 2019

A Freedom Fighter or Terrorist Essay Example | Topics and Well Written Essays - 2000 words

A Freedom Fighter or Terrorist - Essay Example His step-father was a known sheep thief and he taught the young Saddam his trade however this turned tragic when Saddam was caught in the act and forced to leave and stay with a far away uncle, Khayrallah Tulfah. His uncle enrolled him in school and tried to do the same in the military but the young Saddam was turned away due to bad grades. Out of anger and rage, he joined the radical faction Ba’ath. One of the Ba’ath’s objectives as a radical faction was to topple the existing regime of King Faisal II and form a Unitary Arabic State. In 1958 after a failed assassination attempt of General Abdul Qassim by the young Saddam Hussein, Saddam fled to Egypt where he enrolled in school to pursue a degree in law. After a short stay in Egypt, back in Iraq the Ba’ath faction managed to have in their control the city of Baghdad in 1963 and General Qassim was publicly tortured and eventually put to death. The group called Saddam back home and gave him the position of head torturer at the â€Å"Palace of the End.† However this did not last for long because the Nationalist soldiers deposed the Ba’ath and arrested several of its members in 1964, one of them was Saddam Hussein. A General Ahmad Hassan al-Bakr, Saddam’s cousin, advocated for Saddam and had him released. He later on endorsed Saddam to the post of assistant secretary general of the Ba’ath Party and saw to it that he formed and made effective an unknown police force, Jihaz Haneen. In 1968 while Saddam was chief of internal security as well as the head of the Revolutionary Command Council, he participated heavily in the coup led by his cousin and he was an undercover agent always secretly searching for those opposing his cousin and intimidating them or even at times killing them. He became highly feared and popular for the next ten years always playing the position of the right hand man of his cousin. In 1978 he swayed his now aging cousin to step down as ruler of Iraq citing poor health and later on had the party heads choose an heir to the throne of Iraq. He outwitted everyone by having them choose him as the heir to the throne. During the first conference of the Revolutionary Command Council in 1979, Saddam’s first order of business was to have all the people he thought might pose a threat to his rule executed. These included judges, military men, legal representatives, bankers, reporters, religious leaders, his fellow party members as well as scholars. In a span of one month he had ordered the putting to death of about 450 people he claimed were foes of his regime (Arnold, 2008). These became known as the Pyramid of Skulls and to create more intimidation and fear among those who opposed him, he had some of these executions done in public and recorded then later on have these recordings delivered to rulers of the other Arab States. The Kurds who were a marginalized group had been calling for their sovereignty for as long as Iraq existed and they faced a lot of oppression and persecution under the reign of Saddam. 1987 saw the total demolish of their villages and killing of many of their own. It is reported that between 1983 and 1988, about 180,000 Kurds were killed by Saddam. These mainly took place in their oil rich province of Kirkuk because Saddam wanted the region to be owned by another tribe and not the Kurds who had been in that place for decades. Saddam had a lot of his people under his mercy because of external enemies like Iran who were always ready to strike. He assured them of their safety under his rule and used this strategy to control them while at the same time oppressing them. He increased his influence over his people by always making himself and his image a constant sign of intimidation. It is said that his portrait appeared in every learning institution, learning text

EPI7005_2 Essay Example | Topics and Well Written Essays - 2500 words

EPI7005_2 - Essay Example Such inhomogeneties may be a result in some imperfection within the magnet or magnetic susceptibility spatial variation of the object that is being imaged (Christ, 2000, p. 78). The spatial variation is normally referred to as susceptibility artifacts. EPI applied in most of protocols used in diffusion weighted acquisition uses a homogenous static field. Such a field does not normally hold for MRI head. The distortion that comes out of this is significant enough to even exceed ten millimeters. Such artifacts come in the way of accurate diffusion images alignment with structural MRI and are considered obstacles to the head MRI joint analysis of structure and connectivity. Some of the methods used for correction of magnetic susceptibility distortions include the use of a filed map. However, such methods of applying field maps are not reliable and accurate; hence, they do not result in reliable EPI alignment with structural images that correspond to it. The T2-weighted structural image approach that relies on EPI baseline image and still gives account of the susceptibility artifacts is the recommended approach (Edelman and Schmitt, 1994, p. 610). How accurate the reconstruction of the image is depends on the spin’s resonance frequency (rf) which is formed normally through a spatial linear gradient superposition and an external filed that is homogenous and strong. The above conditions have to meet failure to which the anatomical structures relative positions will end up being misrepresented in the MRI image reconstruction. A good example of this is a case in which a spin is presented to a magnetic field that is not the same as the expected value resulting from the magnetic susceptibility. In this case, the geometric distortions process will be witnessed from the MRI image (Reinsberg, Doran, Charles-Edwards, and Leach, 2005). When the spin is increased, it leads to the production of MRI signals whose intensity is relatively low while areas having high magneti c susceptibility experiencing total signal loss (Zhou and Gullapalli, 2006). Question 1A Several parameters have to be reduced in order to optimize EPI image, and they include: A. Reducing the time of echo train length: the longer the length of the echo train, the more time is required by the spin to gather phase error and the greater the distortion witnessed. One of the ways of minimizing the total time of train length is by minimizing the echo spacing. The less the time is taken by the frequency gradient in sampling the signal, the less the distortion will be witnessed as shown in figure 1. The period for sampling is normally during the flat readout gradient portion unless there is ramp sampling. In FSE, the less the ESP or the echo spacing is, the less the blurring of the image gets. In EPI, minimizing the echo spacing also results in a reduction in the blurring and geometric distortion. Figure 2. The sampling time and the read encoding gradient during normal gradient performance (McMahon, 2012) As the segmentation degree increases, the echo number acquired per rf excitation decreases. This in turn minimizes the geometric distortion as the phase error time of accumulation is reduced. Figure 3 below demonstrates the reduction in

Implanting a CHIP in every U.S. citizen Assignment

Implanting a CHIP in every U.S. citizen - Assignment Example There are several reasons why people consent to microchip implantation. First, it allows fast and efficient access to a person’s medical records in case of emergency (Merrill, 2009; Merill, 2007). It is highly efficient since a person will always carry the device within his body wherever he may go. Second, it could also serve as a means of identity verification (Merrill, 2007; Murray, 2004). Murray (2004) said aside from medical institutions, that the company has been working in convincing banks, credit card companies and security agencies that use of their product is highly beneficial in this aspect. Tracking would be another reason (Murray, 2004; Fuller, 2002). Kidnapping is a serious crime that is rampant today. A microchip implanted to a person can be used to track down his or her location. The microchip implant could also serve as another form of security measure. Additional security was the reason why Mexico implanted the microchip to 160 officials said Murray (2004). Th is served as another of their passes in entering and leaving classified government establishments. Further, the potential of the chip being glucose monitor is also being examined. This would be highly beneficial to diabetic patients who always monitor the level of their blood sugar. In 2007 however, the American Medical Association found several risks of microchip implantation said Merrill (2007). The first of these is that the chip migrates under the skin. Then it also disturbs the signal transmitted by electromagnetic and electrosurgical devices and defibrillators, he added. Further, the microchip might negatively react with certain pharmaceuticals. Aside from these medical issues, there are also privacy and social issues. Since tracking could be possible with the use of the device, a person could feel that his privacy is being invaded and that his moves are being watched. Instead of adding security, the microchip would then cause additional worry to its carrier. It can serve as a tracking device for law-enforcers. But the same device could also be used by criminals to hunt down their prey. If the microchip can be used for efficiency in security, then it can also be used to efficiently breach it. Just as intelligence and skills can be used for further advancement, it can also be utilized to violate laws and conduct criminal acts. There has been a fear that RFID would one day be recognized as a national ID for the Americans. It is just like a chain reaction, when more and more people use the product, then the closer it would get to being a national ID. With passage of bills in some states that ban the mandatory implantation of the said device, this worry has been somehow eliminated. Since there are states that will not mandate its people to have the chip within them, a national ID using this method will no longer be possible. The United States as a country is a leader in the word community. What gets accepted in the U.S. would be considered for acceptance by other countries if not totally accepted. The country being a super-power is a trend-setter and a leader in technological advancement. Its influence to the global community could be easily seen in various aspects such as economics, medicine, the sciences and other fields. The main concern of its leaders would be the benefit of its citizens, but when they pass a national statute, they must also

Thursday, October 17, 2019

Subcultures & Countercultures Essay Example | Topics and Well Written Essays - 500 words

Subcultures & Countercultures - Essay Example 3) a. Dominant Culture Dominant culture encompasses the prevailing customs, religion, norms, and all things that constitute a society. Mediated by ideological representations, members of society live the dominant culture’s reality without questioning its origins. The dominant culture in the film was characterized by loyalties in the institutions of family, marriage, and moral standards. The family of the bride was traditional and ideal in the sense that the mother, father, and daughter fulfilled their stereotypical roles. The father, who was a deputy of the Cultural Order, symbolizes crumbling morality as represented by the broken marriage of the groom’s parents, and the president who slept with a black prostitute. b. Subculture Subculture refers to a societal group that embodies the resistances and deviations from the dominant culture. This segment of society possesses its own style, language, norms, and beliefs. In the film, gay men wore make-up, corsets, silk robes, and high heels. Albin (Michel Serrault) spoke in high-pitched voice and considered herself a woman. In one scene, Albin and Renato (Ugo Tognazzi) were in a bar crowded with heterosexual men. The gay subculture in that scene manifested how sexually and physically distant it was from the dominant culture. c.

Leadership Essay Example | Topics and Well Written Essays - 2000 words

Leadership - Essay Example They have to sense the opportunities on the right time so that they can act on them. He highlights three important steps in order to become a successful leader which are to notice the opportunity, deciding about it and then determining as to what is to be done. This whole process requires interpretation and a leader should successfully be able to interpret. Bolman and Deals presents a somewhat similar situation of leadership in their article. They put forward that the most important aspect of leadership is the dealing with challenges. In other words the leaders have to act in the right manner to handle these challenges as Gallos has said. Bolman and Deals have further clarified the concept of Gallos by introducing the aspect of reframing leadership. Reframing according to them is a process through which leaders can analyze the situation from different perspectives. This process can help the leaders to take a competitive step by analyzing the whole situation and in other words carry o ut the process of sense making. Kouzes and Posner on the other hand put five principles which should be followed by the leaders to become a successful leader. Their view of organizational leadership revolves around these five principles. The leaders should model the way, inspire a shared vision, challenge the process, enable others to act and encourage the heart to be successful. Kouzes and Posner like other authors give a specific way through which they can be successful. In the principle of challenging the process they talk about experiments through which the leaders can sense as to what they have to do in the future. a.What are the primary differences?   The differences between their views is significant. Kouzes and Posner believe in following the five principles of leadership whereas Bolman and Deals believe in reframing leadership by analyzing a situation from different perspectives. Gallos on the other hand believes that a successful leader has to have the right sense making capabilities to take advantage of the situation. Kouzes and Posner give certain steps which can be further exemplified with other leadership styles. They give a step by step commitment process which has to be followed by the leaders whereas Gallos and Deals do not give a step by step process. b.How can B & Ds work and that of Gallos be used to strengthen the perspective of the Kouzes and Posner leadership model? Be sure to provide enough explanation to let me know that you understand the intricacies of each of these authors perspectives.    The work of Kouzes and Posner is a piece which gives specific guidelines to the leaders so that they can be successful. But on the other hand the theories of B & D and Gallos can be integrated into the work of Kouzes and Posner to strengthen it. The work of Kouzes and Posner revolves around the ethics of the leader and involves a lot of risks if they challenge the process as it may result in mistakes. It tells that all the workers should work as a team with the leader so that he can be successful. The leader should create a shared vision with his followers so that they are interested in working as much as the leader is. Power and discretion should also be shared by the leader so that their interest is created. And lastly encouragement is also necessary as put forward by Kouzes and Posner. All these steps are necessary for an effective leader but the process of reframing and sense making can be introduced in these

Wednesday, October 16, 2019

Implanting a CHIP in every U.S. citizen Assignment

Implanting a CHIP in every U.S. citizen - Assignment Example There are several reasons why people consent to microchip implantation. First, it allows fast and efficient access to a person’s medical records in case of emergency (Merrill, 2009; Merill, 2007). It is highly efficient since a person will always carry the device within his body wherever he may go. Second, it could also serve as a means of identity verification (Merrill, 2007; Murray, 2004). Murray (2004) said aside from medical institutions, that the company has been working in convincing banks, credit card companies and security agencies that use of their product is highly beneficial in this aspect. Tracking would be another reason (Murray, 2004; Fuller, 2002). Kidnapping is a serious crime that is rampant today. A microchip implanted to a person can be used to track down his or her location. The microchip implant could also serve as another form of security measure. Additional security was the reason why Mexico implanted the microchip to 160 officials said Murray (2004). Th is served as another of their passes in entering and leaving classified government establishments. Further, the potential of the chip being glucose monitor is also being examined. This would be highly beneficial to diabetic patients who always monitor the level of their blood sugar. In 2007 however, the American Medical Association found several risks of microchip implantation said Merrill (2007). The first of these is that the chip migrates under the skin. Then it also disturbs the signal transmitted by electromagnetic and electrosurgical devices and defibrillators, he added. Further, the microchip might negatively react with certain pharmaceuticals. Aside from these medical issues, there are also privacy and social issues. Since tracking could be possible with the use of the device, a person could feel that his privacy is being invaded and that his moves are being watched. Instead of adding security, the microchip would then cause additional worry to its carrier. It can serve as a tracking device for law-enforcers. But the same device could also be used by criminals to hunt down their prey. If the microchip can be used for efficiency in security, then it can also be used to efficiently breach it. Just as intelligence and skills can be used for further advancement, it can also be utilized to violate laws and conduct criminal acts. There has been a fear that RFID would one day be recognized as a national ID for the Americans. It is just like a chain reaction, when more and more people use the product, then the closer it would get to being a national ID. With passage of bills in some states that ban the mandatory implantation of the said device, this worry has been somehow eliminated. Since there are states that will not mandate its people to have the chip within them, a national ID using this method will no longer be possible. The United States as a country is a leader in the word community. What gets accepted in the U.S. would be considered for acceptance by other countries if not totally accepted. The country being a super-power is a trend-setter and a leader in technological advancement. Its influence to the global community could be easily seen in various aspects such as economics, medicine, the sciences and other fields. The main concern of its leaders would be the benefit of its citizens, but when they pass a national statute, they must also

Tuesday, October 15, 2019

Leadership Essay Example | Topics and Well Written Essays - 2000 words

Leadership - Essay Example They have to sense the opportunities on the right time so that they can act on them. He highlights three important steps in order to become a successful leader which are to notice the opportunity, deciding about it and then determining as to what is to be done. This whole process requires interpretation and a leader should successfully be able to interpret. Bolman and Deals presents a somewhat similar situation of leadership in their article. They put forward that the most important aspect of leadership is the dealing with challenges. In other words the leaders have to act in the right manner to handle these challenges as Gallos has said. Bolman and Deals have further clarified the concept of Gallos by introducing the aspect of reframing leadership. Reframing according to them is a process through which leaders can analyze the situation from different perspectives. This process can help the leaders to take a competitive step by analyzing the whole situation and in other words carry o ut the process of sense making. Kouzes and Posner on the other hand put five principles which should be followed by the leaders to become a successful leader. Their view of organizational leadership revolves around these five principles. The leaders should model the way, inspire a shared vision, challenge the process, enable others to act and encourage the heart to be successful. Kouzes and Posner like other authors give a specific way through which they can be successful. In the principle of challenging the process they talk about experiments through which the leaders can sense as to what they have to do in the future. a.What are the primary differences?   The differences between their views is significant. Kouzes and Posner believe in following the five principles of leadership whereas Bolman and Deals believe in reframing leadership by analyzing a situation from different perspectives. Gallos on the other hand believes that a successful leader has to have the right sense making capabilities to take advantage of the situation. Kouzes and Posner give certain steps which can be further exemplified with other leadership styles. They give a step by step commitment process which has to be followed by the leaders whereas Gallos and Deals do not give a step by step process. b.How can B & Ds work and that of Gallos be used to strengthen the perspective of the Kouzes and Posner leadership model? Be sure to provide enough explanation to let me know that you understand the intricacies of each of these authors perspectives.    The work of Kouzes and Posner is a piece which gives specific guidelines to the leaders so that they can be successful. But on the other hand the theories of B & D and Gallos can be integrated into the work of Kouzes and Posner to strengthen it. The work of Kouzes and Posner revolves around the ethics of the leader and involves a lot of risks if they challenge the process as it may result in mistakes. It tells that all the workers should work as a team with the leader so that he can be successful. The leader should create a shared vision with his followers so that they are interested in working as much as the leader is. Power and discretion should also be shared by the leader so that their interest is created. And lastly encouragement is also necessary as put forward by Kouzes and Posner. All these steps are necessary for an effective leader but the process of reframing and sense making can be introduced in these

Title IX Essay Example for Free

Title IX Essay Introduction Title IX, the first comprehensive federal law that prohibits discrimination in educational institutions on the basis of gender was passed in 1972. It was modeled after the Title VII of the 1964 Civil Rights Act. It states that, â€Å"No person in the United States shall, on the basis of sex, be excluded   from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance† http://www.american.edu/sadker/titleix.htm Before its enactment, American colleges and universities were accused of discriminating against female students. Women were discouraged from pursuing higher level course work, especially mathematics and the sciences. This was done by setting rules that automatically benefited men and ruled out women. As a result, admission opportunities for women were low. This necessitated the drafting and passing of the Title IX to stem these tendencies.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Application   It was a law designed to protect students and employees of educational institutions against discrimination based on their sex. Under this law, education institutions are required to observe policies, practices and programs that do not discriminate. This means that in any educational institution, males and females are expected to receive fair and equal treatment in all spheres of public schooling, recruitment, admissions and educational programs and activities. In addition, fairness should be observed in the courses being offered, counseling, financial aid towards these activities, employment assistance, housing health and insurance benefits. Furthermore, other areas like marital and parental status, scholarships, sexual harassment and athletics should be equally considered for both sexes. http://www.american.edu/sadker/titleix.htm The law applies to students, faculty and staff in federally funded education programs, th the elementary, secondary, college and university levels. It also covers affiliated programs and activities that receive federal funds like internships, correctional facilities, health care entities, unions and businesses. To be compliant to the law, you need to observe at least one of these things; demonstrate proportionate athletic opportunities for both sexes, have a history and continuing practice of expanding opportunities for under-represented sex, or full and effective accommodation of interests and abilities for the underrepresented sex. Another facet of the law requires that the total amount of athletic aid must be substantially proportionate to the number of male and female athletes. . http://bailiwick.lib.uiowa.edu/ge/aboutRE.html Further on, other programs should be taken into consideration; including equipment and supplies, scheduling of games and practice time, travel and per diem allowances, opportunity to receive academic tutoring and in addition receiving coaching, assignment and compensation. This is not all; Title IX requires that the institution provide quality locker room, practice and competitive facilities, medical and training facilities, housing and dining facilities, publicity, support services and equal opportunities for recruitment of student athletes. http://bailiwick.lib.uiowa.edu/ge/aboutRE.html   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The Gains and Losses Title IX has had both negative and positive effects depending on how it has been enforced. The benefits include the increase of opportunities for female students in both academic and extra-curricula activities. An example is where, in 1972, 44% of bachelors degrees were earned by women, whereas in 2000 they increased by 57%. About Title IX, Retrieved on 17th Dec, 2007, from  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://bailiwick.lib.uiowa.edu/ge/aboutRE.html In another instance, the number of girls’ athletics team has shown a marked increase from 1981 to 1999, with a 66% increase. However, in spite of these gains, Title IX has come under criticism for various reasons: According to Jessica Gavora, the law has had negative effects on the men’s sporting teams. She argues that following the Cohen versus Brown ruling in 1995, Title IX has been interpreted to guarantee that schools have the same proportion of male and female athletes, as well as representation in the students’ body. As a result, many schools have had to cancel some men’s programme in order introduce new women’s programme so as to fulfill the law’s requirements.(Gavora, 2002) She gets support from other quarters that claim that the law actually discriminates against males, with girls’ teams prospering at the expense of the boys teams. To most of them, Title IX equates to women’s sports. According to the Independent Women’s Forum, between 1992 and 1993, 42 wrestling teams, 53 golf programs, 16 baseball teams, 23 swimming programs and 39 tennis squadrons were cancelled in order to meet Title IX requirements. It is claimed that while this is going on, the coaches have the difficult job of going around scouting for female athletes, and have had to give the scholarships to just anyone, as long as it a female.   (Gavora, 2002) However, the proponents counter that the reduction in male teams is a product of other factors, and not Title IX. According to Amanda, the reduction in men’s teams is a result of declining interest, liability considerations by the colleges, financial constraints and choices about budget allocation among the sports teams that the school would wish to sponsor, rather than considerations of Title IX. (Amanda, 2004) In a court ruling in the Cohen versus University of Chicago the court stated that the call for relative interest tests, in which funds would be allocated according to the interest in sports among the sexes, could not withstand legal or policy scrutiny, because it disadvantages women and undermines the purposes of Title IX. Furthermore, the perceived lack of interest on the side of the women is actually a manifestation of women’s historical lack of opportunities, and not lack of interest. (Amanda, 2004) Another area of contention has been the Standardized tests. Here, the Federal Courts and Office of Civil Rights used the law to modify standardized tests so as to include writing section and double the weight of the verbal section in order to cater for the females who take the test. (Epstein, M, 2003) Title IX has also had some negative consequences in the social life at the institutions. Here, many instances of witch hunting have been taking place, with claims of sexual harassment and date rapes. In some cases, although the offence has been committed an individual, blanket accusations follow, whereby the whole institution is designated a Hostile environment, and can be sued for sexual discrimination. According to Gavora, the most extreme case is where a six year-old boy was suspended for kissing another student on the cheek. (Gavora, 2002) In another case, the National Women’s Law Centre filed a suit which claims that the New York City school board discriminates against female because the engineering classes are male dominated. (Epstein, M, 2003) On June 27, 2002, Rod Paige, the United States Secretary of Education set up a commission called the Secretary’s Commission on Opportunities in Athletics. In the findings, the general feeling among the people was that the law had good intentions but i but wrong enforcement. College administrators have complained that the United States Department has failed to provide clear guidance on the how post secondary institutions can comply with Title IX Standards and policy interpretations, as a result, the institutions have been left to their own devices on how to enforce it. There is also a feeling of failure on the part of the Department Office for Civil Rights to enforce the law. The way in which the department enforces the law also leads to undue elimination of men’s teams. (Secretary of Education Commission on Opportunity in Athletics, 2003)   Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Conclusion It is apparent that the current controversies about Title IX are not going to end soon, depending on which side one looks at it from. Many women than men seem to support the law. For the opponents, it is feared that in future, more problems are going to emerge in other circles of school life, like drama, dance and mathematics. People are going to use their own interpretation of the law to suit their own ends, which are not the original intentions of the law. But for the proponents, this is an opportunity to give girls the opportunity they have been historically denied. However from the discussion, it is imperative to review the law to get rid of its vague language, to make it more acceptable and objective.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚     Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  References About Title IX, Retrieved on 17th Dec, 2007, from  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   http://bailiwick.lib.uiowa.edu/ge/aboutRE.html Amanda, H. (2004) Counter point: Title IX , â€Å"A Healthy Start, Still a Long Way to go† The Docket. Retrived on 17TH Dec. 2007, from www.docketonline.com Epstein, M (2003) Title IX, Retrieved, on 17th Dec.2007 from LewRockwell.com Gavora J. (2002) Tilting the Playing Field: Schools, Sports, Sex and Title IX http://www.american.edu/sadker/titleix.htm Kathryn J.L (2002), Spoiled Sports. Tilting the Playing Field: Schools, Sports, Sex, and   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Title IX book review, Retrived on 17th Dec. 2007 from BNET.com United States Department of Education, (2003)† Open to all† Title at Thirty:   Secretary of   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Education Commission on Opportunity in Athletics

Monday, October 14, 2019

Equity and Trusts Problem Questions

Equity and Trusts Problem Questions The first step we should attend to briefly is to define what a trust is. Simply put, a trust is a relationship under the law of equity[1] that arises when one person (the settlor) vests the legal title in another person (the trustee) for the benefit of a third-party called a beneficiary. The trustee holds the legal title and the beneficiary-(ies) possess the equitable title and as such the trustee owes them a duty to carry out the duties as defined by the settlor[2]. The most basic species of trust is an express private trust; this is a â€Å"trust which is declared intentionally by the settlor†[3]. There is no fixed mechanism or form of words for creating such a trust because â€Å"equity looks to intent rather than the form†[4]; see Paul-v-Constance[5]. Hudson (p.72) speaks of â€Å"exposing† a trust which demonstrates that it exists by law and is not created by the courts retrospectively. Express trusts can be established during the life of the settlor or as i n this case, via instructions placed in their will.[6] There are two basic sets of requirements for valid trusts; the first is that there needs to be three basic certainties as per Knight-v-Knight[7]; defined as certainty of intention, subject matter and object – if any one fails then there is no trust. The first of these requires that there was a certainty of intention by the purported settlor â€Å"that the person receiving the property is under a mandatory legal obligation to carry out the wishes of the settlor†[8]. Secondly and only logically, it must be certain what the subject of the trust is i.e. the property. Finally, there must be certainty of object i.e. there needs to be someone with equitable ownership to enforce the trust, see Re Endacott[9]. The second basic requirement is that the trust must be constituted i.e. the legal title must pass to the trustee(s). This should not be an issue here because as executors Edward and Sandra would have already acquired legal title of all Alice’s estate[10]. DISPOSITION A Alice’s disposition is potentially void as a trust due, firstly to uncertainty of intention; the disposition does not suggest Alice intends to impose a legal obligation on Edward to carry out her wishes. Rather it potentially suggests she was imposing on him a â€Å"power†. In essence, trusts impose an obligation to act and powers authorise people to carry out certain tasks with a lower level of compulsion.[11] The task we have is to decide what Alice intended and according to Dixton (p.67) â€Å"it is very easy to confuse trusts and powers, especially since most power are given to people who are otherwise trustees†. Edwards (p.80) advises that to differentiate between them is â€Å"a matter of construction for the courts, based on identifying the intention from†¦the language and the document as a whole† He further suggests that a significant indicator would be â€Å"existence of a gift in default of appointment† and wide discretion. Applying t his to our facts, we see that Alice grants him à ¢Ã¢â‚¬Å¡Ã‚ ¤10,000 to buy a small memento for â€Å"such of my relatives as have not received anything under the other provisions† and after doing this â€Å"to keep what is left†. It is submitted that this does not meet the necessary level of certainty, especially as Edward keeps what is left over, it is merely a power; a power of appointment[12], outside of a trust instrument[13].To impose a trust situation in this case would be to ignore the warning in Re Hamilton to â€Å"take the will you have to construe and see what it means, and if you come to the conclusion that no trust was intended then say so†. The next issue is what kind of powers these are and what level of compulsion exists on Edward to carry out the tasks. This could be a personal power[14] or a fiduciary power and this will turn on whether he was given the power in his capacity as a son or executor. Wilkie (p.52) says if it is a personal power he could distribute â€Å"spitefully, or capriciously, or even go to sleep and forget about exercising the power at all†. You could argue that Alice gave the power to her son in his capacity as a son; and so considering the remainder goes to him then it is all but an absolute gift. He could just buy a few relatives key-rings as mementoes and be done with it. The beneficiaries would have no equitable interest in any property as its quantum is unknowable. The second view you could argue is that he has to exercise the power in his capacity as executor and so he has a higher level of onus upon him. It is submitted that as such, this power of appointment would be what is known as a hybrid or intermediate power[15] in that he is authorised to distribute it to a certain category of objects, relatives, excluding those who have already benefited. The level of compulsion or onus is debatable. In Re Hay’s Settlements[16], it was held that he just cannot ignore this power to appoint randomly, he must make efforts to complete it. And in McPhail-v-Doulton[17] the leading case in this area it was said he â₠¬Å"must act in a responsible manner according to its purpose† and â€Å"make survey of the range of objects† that† will enable him to carry out his fiduciary duties.† Wilkie (p.52) says that there is much lessor onus is on a donee[18] of a power to locate those who may be objects. However, other commentators, see Penner (58+) say the onus depends on the type of power as well as who has been granted it. However, even with ‘powers’, the subjects and objects need to be ascertained and Alice has simply defined â€Å"small memento of me† and â€Å"relatives† minus those who benefited from the will; these are problematic. Firstly, the subject matter is conceptually uncertain[19]; as per Palmer-v-Simmonds[20] and so potentially void; what is ‘small’ and what is a ‘memento’[21]. Secondly, â€Å"relatives† could be taken to be anyone with a common ancestor and as you work back far enough this could include almost anyone. However, in Re Baden’s Deed Trusts (No.2)[22], relatives was equated to next-of-kin and held to be conceptually certain; a strange decision considering how rigid the court has been on conceptual uncertainty. Furthermore in McPhail, the test to ascertain objects for a power was decided as the ‘is or is not’ test described by Wilberforce as, â€Å"can it be said with certainty that any given indi vidual is or is not a member of the class?† Thus it appears possible that we could, if necessary, reach a legal definition of the objects although the problem is the subject of the power. The advice to Edward is pretty clear; as a trust this fails and so based on Curtis v Rippon[23], he could take the entire amount of à ¢Ã¢â‚¬Å¡Ã‚ ¤20,000 seeing that the amounts to be given to relatives are uncertain and so the absolute gift to him takes effect over the failed trust. However, if viewed as a power, he may be under compulsion to distribute some of the à ¢Ã¢â‚¬Å¡Ã‚ ¤20,000 buying small mementos for relatives once he complies with the above; although, in practice few would be willing, or able, to compel him to execute this power. DISPOSITION B Does the phrase â€Å"fullest trust and confidence† indicates certainty of intention to create a trust? In Re-Adams-and-Kensington-Vestry[24] a husband gave property to his wife in â€Å"in full confidence that she will do what is right†, yet this was held to only impose a moral obligation upon her. However, in Comiskey-v-Bowring-Hanbury[25] the phrase â€Å"in full confidence† was held to impose a trust. The similarity in these cases is superficial and it is apparent that each was judged on its individual merits and potential settlor’s intentions. Hence, the mechanical application of phrase simply turns the law on its head. It is much more insightful to follow Re Hamilton comments listed above in part A and use common sense. Applying this, it is submitted there is potentially a certainty of intention, but we also need to examine the other certainties. On ‘certainty of subject’; it is trite law that, as per Re-London-Wine-Co[26] that trust property must be ascertainable. In that case un-segregated wine voided certainty. This was supported in Re-Goldcorp-Exchange-Ltd[27] . Mustill[28] said â€Å"rights in property, whether equitable, cannot exist in the air†¦ it can only exist in relation to property which is specifically ascertained†, i.e. physical segregation is necessary[29]. However we are not dealing with a situation exactly similar to Re-London-Wine. Under a will, the executor takes full title to the property on the death and according to Martin(p.60) the â€Å"equitable ownership is in suspense† – the trust has not yet been constituted whereas it allegedly had in London-Wine. All the executors need to do is to walk down to the cellar and physically segregate fifty bottles of wine and identify them as trust property and transfer legal title from Edward/Sandra, as executors, to Edward pers onally. It is obvious Alison knew what was in her wine cellar so the property she is referring to really was not a specific 50 bottles of wine, but 50 of the 80 wine bottles I know I have in my cellar. How else could she describe them if they were homogeneous, was an 80 year old woman close to death meant to go down to her cellar and move bottles around? However, it is the â€Å"old friends†, the potential objects of this trust, which poses more serious problems. The phrase â€Å"my old friends† is conceptually uncertain[30]; both words are subjective; what is a ‘friend’ and what is ‘old’? With the knowledge that this would be a fixed trust if the three certainties were present; i.e. each beneficiary entitled to an â€Å"equal† share then IRC-v-Broadway-Cottages-Trust[31] states that all the beneficiaries must be able to be listed and there is no room for any conceptual uncertainty. The disposition states that Edward should cure any uncertainty and his word is â€Å"final†. However, this is not likely to be accepted by the courts. In Re-Tuck’s-Settlement-Trusts the court allowed a Rabbi, as per the trust document, to cure an issue of uncertainty i.e. whether someone was of â€Å"Jewish blood†[32]. However, the Rabbi was acting in his capacity as expert on the Jewish faith and evidencing the meaning of the words not defining them. You could make a good argument that Edward could define his mother’s old friends just like the Rabbi defined Jewish blood, but it would go against current legal and academic opinion so as a trust it would likely fail. However, the advice in this case might be that this could be treated like above, as a power. This is because, as a power Edward could use the â€Å"is or is not test† rather than the â€Å"complete list† test and so circumvent this issue and give Edward much more leeway to carry out his mother’s intentions. Remember the preference of the courts will be to see Alice’s wishes carried out rather than not. DISPOSITION C There is clearly an intention to create a trust with the subject matter of à ¢Ã¢â‚¬Å¡Ã‚ ¤20,000, because it is stated. It is further obvious that it is a discretionary trust[33]; this is a type of express trust where the trustee has what is called ‘dispositive discretion ’ i.e. an ability to decide the quantum of trust property, if any, goes to each beneficiary[34]. It is important to note the difference between this and a fixed trust; in a fixed trust the beneficiaries have a severable equitable claim on the property because they can usually calculate what they are entitled to. In a discretionary trust the trustees can exercise discretion; and in this case the basis of this discretion is those â€Å"they find most deserving.† The real issue is who exactly are the objects of the trust; that are subject to this discretion?[35] We are given no names but rather a class description â€Å"such of the first 300 people to have crossed the Victoria Bridge on the 24th of October 2008†. Such descriptors in theory pose no problems. However, if we assume that this date has passed[36], then we are presented with a difficult evidential problem. It is important to point out that the names of the 300 people who were first over Victoria Bridge is a fact; they are an absolute certainty; it is just the trustees don’t know who they are yet. Hence, it is not an issue of ‘conceptual certainty’ as to the class descriptor; it is not like â€Å"old friends†. The issue is one of evidential uncertainty in that the trustees do not have enough evidence to write down a complete list. The courts have grappled with this problem but it is now clear from McPhail-v-Doulton that previous requirements for a c omplete list, like for fixed trusts, are no longer valid. The test now is the â€Å"is or is not† test as outlined above. Hence, the trustees do not need to know the 300 people who crossed the bridge, they only need to meet the test set by Wilberforce in McPhail; â€Å"can it be said with certainty that any given individual is or is not a member of that class†. The issue now is could anyone do this with sufficient certainty. It would not be enough to show you crossed the bridge on the day but that you were one of the first three hundred to do so[37]. This turns on facts we don’t have; considering the coverage of police cameras in London it is likely there is one focused on Victoria Bridge so this might help candidates prove their claim. To conclude this section, the advice is whoever can prove with sufficient certainty that they fall within the class, and then they will become beneficiaries of the trust. However, if no one can prove then the trust will fail for lack of certainty of objects and the à ¢Ã¢â‚¬Å¡Ã‚ ¤20,000 result back to Alice’s estate. There are a number of other issues which should be covered briefly for Edward and Sandra. Assuming the three certainties are present, then the trust is properly constituted (as the potential trustees they are also executors and have legal title). To be a trustee you need to have reached the age of 18; we are not told Sandra’s age but presumably she complies with this. The trust is defined to be for 21 years i.e. 21 years after Alice’s death and this is permissible under Section 13 of the Perpetuities and Accumulations Act 1964. However, it is worth pointing out to Edward and Sandra that the trust is unlikely to last as long as 21 years. Although the beneficiaries would have no rights severally because as Penner (p.85) describes them they are â€Å"mere postulants, seeking the trustees’ largesse†; they could have rights jointly because it is an exhaustive trust[38] i.e. Alice appears to have instructed them to spend all the 20K and there are no devices to return unspent money to the estate. As such the beneficiaries may have rights jointly to petition the court to simply give them the trust property, see Martin (p.211) which presumably they would have agreed to divide equally[39]. References – Bibliography Burn, E, Trusts Trustees Cases Materials 6th Edition, Oxford University Press. Dixon, M, 2005, Equity and Trusts Q A, Cavendish Publishing. Edwards, K, 2000, Essential Equity and Trusts, Routledge. Duddington, J, 2007, Equity and Trusts Law Express, Pearson. Hudson, A, 2005, Equity Trusts, Routledge Cavendish. Mohamed, R, 2004, Cases Materials on Trusts, Routledge Cavendish. Martin, J, 2005,Hanbury Martin, Modern Equity 17th Edition, Sweet Maxwell. Penner, J, 2005, The Law of Trusts Core Text 4th Edition, OUP. Wilkie, M, 2008, Equity and Trusts Blackstones Q A 2008/2009, OUP. 1 Footnotes [1] Space precludes a discussion on the fundamentals of equitable law see Duddington(p.2+). [2] A trust is an onerous obligation and should not, and will not, be imposed casually by the courts if any doubt exists; especially as the courts may ultimately be called to adjudicate upon its operation [3] Hudson(p.38) [4] Re Williams 1897 [5] On the other hand you can use the word â€Å"trust†, as per Tito v Waddell (no2) and this might not create one. [6] They are often known as ‘testamentary trusts’; but not substantially different to inter vivos trusts. [7] 1840 [8] Dixon(p.61) [9] 1960 [10] We are told the will is valid and that is all we need to concern ourselves about with that matter. [11] Martin(p.171) [12] appointment in this sense means the power to give or to appoint the property to someone. [13] Powers can operate „insideâ€Å"or „outsideâ€Å", those outside are known as bare powers i.e. less encumbered by the obligatory nature of the trustees duty. [14] Beware of terminological problems with these phrases, see Wilkie(p.51) [15] See Mohamed(p.118) [16] 1982 [17] 1982 see Burn(p.84) for a discussion of the case and test. [18] The person who is authorised to exercise a power. [19] see Disposition B and C for more details and Duddington(P.15,16) [20] 1854 [21] see below for more detail [22] 1973 [23] 1820 [24] 1884 [25] 1905 [26] 1986 PCC 121 [27] 1985 [28] Quoted in Penner(p.205) [29] It is worth noting the ruling in Hunter v Moss which appears to run contrary to this albeit with intangibles. [30] Penner(p.197+) In Re Gibbard’s Will Trusts 1967 and RE Barlow’s Will Trusts 1979 â€Å"friends† was held certain but the former has been overruled and the latter referred to different legal circumstances. [31] 1955 [32] see Duddington(p.20) [33] see Dixon(p.65+) [34] See Martin(p.104+), see also Edwards(p.77) for concise analysis. [35] I am interpreting the will as meaning there is a potential class size of 300 and over these discretion is exercised. [36] It is not 100% clear from the rubric that his date has passed, although the use of â€Å"to have crossed† clearly infers it. [37] A suggestion of administrative un-workability might arise here [38] It is interesting to note that discretionary trusts presents theoretical problems in that you can ask the question ‚who holds the equitable rights to the property?’ without beneficiaries who enforce the terms of the trust; there is an obvious risk that trustees can become slack in their duties. See Penner(p84+) [39] Space precludes a detailed analysis of these issues

Sunday, October 13, 2019

conflict in finding forrester :: essays research papers

In the film Finding Forrester, their was a big conflict between Jamal and Mr. Crawford. Mr. Crawford and Jamal had their difference though out the film. Their were lots of problems that Mr. Crawford had against Jamal. The conflicts were based Jamal race, and his intelligence. First, their was a big conflict inside the class room. Mr. Crawford was asking one of the students a question, and Jamal jumped in the conversation. Jamal was trying to help him out, so he told the boy to say his name, which was the answer to his question. Mr. Crawford was very angry. Mr. Crawford then tried to preach to Jamal by quoted some sayings. Mr. Crawford never got a chance to finish his sentence, because Jamal would finish them. Mr. Crawford then got mad. He then ordered Jamal to leave the class because he was embarrassed. The second conflict between Jamal and Mr. Crawford was when Mr. Crawford didn’t believe that Jamal wrote a paper that he was assigned to write . Mr. Crawford told Jamal that he would have to write the whole paper over in his office. Even though Jamal was trying to convince Mr. Crawford that it was his paper, Mr. Crawford still didn’t believe him. Jamal did the essay anyway. The last conflict between Jamal and Mr. Crawford was when Mr. Crawford found out that Jamal had used William Forrester topic to his essay. Mr. Crawford then told Jamal that he had to write an apology letter and read it in front of the class. He also told him that he could just tell him if William Forrester gave him permission to use his title. Jamal refuse to tell them that he knew William, he also refuse to write the letter and read it out loud. Jamal told William about the two option that he was given and asked for his advice. William told him that he should apologize, but Jamal refused. Jamal then told William that he should come to the school and tell Mr. Crawford, William refused. Jamal told William that they had threaten to kick him out of school. William decided to show up to Jamal school. He read an essay that Jamal wrote. Mr. Crawford thought it was Williams writings, and begun to tell him how great the paper was. William then told Mr. Crawford that the paper was Jamal.

Saturday, October 12, 2019

Becoming The Third Dimension: Cubism In In The Skin Of A Lion :: essays research papers fc

Becoming the Third Dimension Images splatter against the viewer's face like a moth on the windshield when gazing at the pigmented speckles dappled along the textured canvas hanging on the wall in the local gallery. Examining the seemingly incomplete picture before them, the viewer may inquire as to the perception of the painted figure from various angles as opposed to the solitary linear image presented by the artist. Mona Lisa's intriguing smile may birth more questions if the art critic could view it from a profile, or the back of her head, or even from the underside of the canvas as a whole. Although a picture may say a thousand words, a panoramic view of the same subject would utter a hundred thousand more. Realizing the human desire to know and understand what they witness in full, artists such as Pablo Picasso began a style known as cubism between 1907 and 1914. Cubism acknowledges the idea that objects (and perhaps ideas?) are three-dimensional and should therefore be expressed as that. The cubist theory drives itself into the minds of artists of numerous mediums including literature. But in bringing a prismatic feel to a two-dimensional topic, the audience is bombarded with more questions than answers given. This reader then is likely to draw a blank at the images forming in his mind as he pieces the angles together. By producing these multiple angles, whether it be in art or literature, the creator fails to emphasize any particular perspective and often leaves one of them open without explanation, that of the reader. Through its development in the literary cubism method, In the Skin of a Lion by Michael Ondaatje defies the reader's initial perception of a single story by trivializing the narrow linear view of the lead character and in turn completing the multidimensional view of the story by invoking the reader's own perspective. In composing this multidimensional story line, Ondaatje eradicates the reader's inclination to base the story off of the linear perspective of one character by delineating the main character's nugatory existence. Obliterating the linear perspective concept, the author allows the cubist conditions of portraying a three-dimensional story contrived from the perspectives of a multitude of characters to unfold. This destruction begins when he states, in reference to Patrick Lewis' homeland, that "He was born into a region which did not appear on a map until 1910, though his family had worked there for twenty years and the land had been homesteaded since 1816" (Ondaatje 10).