Spring Jazz Band Concert Report

On Friday, April 29, 2011, I went to see Spring Jazz Concert at Sophia B. Clarke Theater. Most of performers have great instrument skill and show us a wonderful music. Each movement highlights the character, range, and technical abilities of an individual instrument, all of pieces stand on their own as intricate musical gems. The show was divided for two parts, and they have different sections on those two parts.During the concert, we would hear different music programs by playing in different music instruments such as saxophones, trumpets, trombones, drums, bass, guitar, and piano. Each performer represents different music instruments. On the first parts of the concert, there were three songs. In conclusion, I enjoyed this concert very much because the music in this concert was very nice. In my opinion, I had totally different feelings between I listened music in the concert and at home, and the atmosphere of concert was awesome.Besides the music, I had deep impression in the perfor mers; every performers in the concert had much passion when they were performing. In my opinion, because of their wonderful performance, I could hear such nice music. Also, everyone in the concert was polite. Every times when conductor came to the stage or the song was end, almost every audience stood up and applauded to the performers, the applause lasted for a pretty long time. At that time, I felt so good. All in all, I really enjoyed this concert.The tone color of most of the jazz bands that I saw was smooth and inviting. This made the bands easier to listen to. They were polyphonic in structure, where all of the different instruments were playing different melodies. The rhythm that was used was in a quadruple meter. This was true for all of the bands. The only thing that I wished would have happened was that there would have been more improvisation instead of reading from sheet music. They were very structured in that way.

Progressive Presidents Essay

At the start of the 19th century, a new era had begun that would forever change the course of American history. This new era was known as the Progressive era; an era of change amongst the common worker and the powerful giants of industry. Two major leaders that occupied this specific moment in time were Theodore Roosevelt and Woodrow Wilson. However, these prominent men had contributed much to the efforts of the progressive movement; each one had different personal views that dictated their approach. This paper attempts to compare and contrast these men’s progressive ideas apart from their actions. We will start with Woodrow Wilson, in his inaugural speech, he had addressed changes in the government to show favor towards the popular Party (Wilson, 1913). Wilson explains, by asserting that the nation desires the Party to interpret and change the nation’s designs and views. He claims that now the government and the nation’s job are to cleanse and correct the carele ssness and ills conveyed about by the country’s industrialization (Wilson, 1913). Wilson also touches on the matters that need settlement, which extends from the need to adjust the foreign tariff, the banking strategy, the industrial scheme, and the agricultural strategy. He also discusses how the government desires to protect its people’s lives with sanitary regulations, untainted food regulations, and work regulations. He stresses that there will be repairs in the financial strategy, and that â€Å"Justice, and only fairness, shall always be our motto† (Wilson, 1913). With Theodore Roosevelt’s Progressive platform, he called for the direct election of United States senators, woman suffrage, reduction of the tariff, and many social reforms. Roosevelt, who served as the 26th president of the United States from the years of 1901 to 1909, he commenced on an energetic campaign as the party’s presidential candidate. A key point of his platform was the â€Å"Square Deal.† This was Roosevelt’s concept of a society based on fair business competition and increased welfare for needy Americans (Bowles, 2011). Despite Wilson’s measured successes in labor, child labor, banking, business, and farming reforms during 1914 and 1915, his New Freedom was a disappointment amongst woman and African Americans. In 1916, Wilson began pushing for a multitude of reforms that were in part motivated by the upcoming election. The reforms included the Federal Farm Loan Act, the Adamson Act, the Keating-Owen child labor law, and support for women’s suffrage. After, 1916, Wilson accepted much of Roosevelt’s New Nationalism, supporting greater federal power and regulation. However, as America soon began sending military to intervene in the war in Europe, this action ended his reform ambitions (Roosevelt, 1911). Roosevelt had his successes and failures as well. Roosevelt brought about change in the meat packing industry with the Meat Inspection Act and Pure Food and Drug Act, which is due to the work of Upton Sinclair (Roosevelt, 1911). However, like Wilson, he would fail to achieve any changes for women and African Americans. This occurred because of growing criticism and his belief in African American inferiority. As for women, he did not bring about their right to vote. It would not be until the ratification of the 19th amendment during Woodrow Wilson’s presidency that the suffrage movement reached its goal (Roosevelt, 1911). When Roosevelt’s time in office ended, he felt his chosen predecessor, Taft, would lead the country and carry on the progressive movement. Throughout his years as president, Roosevelt increasingly disapproved of his methods, and choices. One of those choices that angered him was when Taft transferred over 1 million acres to private industry. All this came to a head when Roosevelt sought to gain the Republican nomination to run for president in the 1912 election, supersedes Taft. However, Roosevelt lost the nomination, and decided to run for president anyway by forming his own party, the Bull Moose Party. Even though Wilson became the president, he stole enough votes to make sure Taft had no change in winning (Bowles, 2011). For years to come the work, Roosevelt and Wilson in the Progressive era helped to improve American life, business and make it safe and a competitive market. These two presidents met the problems head on created by industrialization and urbanization that the government had not yet addressed. Each of them brought a slightly different approach to the concept of trusts, big business, and improving the life of the everyday person, although, they were successful in establishing new precedents in the way which the federal governm ent would regulate these new reforms.

The English Only Movement in US

Language has always been an important part of a country†s culture and way of life. When the U. S. was founded, it was common to hear as many as 20 languages spoken along with many documents that were printed in different languages. There have been many debates over establishing a national language, and a movement arose that strives to establish English as the nation†s official language. This movement is known as the â€Å"English Only† movement, and it â€Å"promotes the enactment of legislation that restricts or prohibits the use of languages other than English by government agencies and, in some cases, by private businesses† (ALCU). Many people whom support the â€Å"English Only† movement believes that multilingualism is too costly and inefficient for the government to operate in. Making English as an official language will have little day-to-day effect on the population and their lifestyles or private lives. They believe that declaring English as the official language is the fairest way to handle over 300 languages spoken in the U. S. (LIA). Many people support multilingualism and oppose having English as an official language because it is unfair to individuals who are not fluent in English. Also, they create false stereotypes of immigrants and non-English speakers. They conclude that it violates the diversity embodied in our Constitution, creating restrictions and limits instead of protecting individual rights, and it does not help the integration of language minority citizens into the American mainstream. I personally support keeping the U. S. as a multilingual nation. I feel that the nation is running smoothly enough and it does not need to be changed in that way. There are many nations that hold multiple official languages that run very smoothly. I do not see why it is necessary for our nation to require English to be an official language with more than 30 percent of the nation coming from a different ethnic group or culture. Therefore, I believe that this nation should not enforce English as the official language. For more than 200 years, Americans have gotten by without declaring English our official language. Congress had never even considered declaring English the nation's official language until 1981. The only previous official-language legislation dates back to 1923: a bill designating â€Å"American† the national tongue. Americans have traditionally resisted language legislation, beginning in 1780, when John Adams proposed to establish an official Language Academy to set standards for English. This idea was rejected by the Continental Congress as an improper role for government and a threat to individual liberties. There was no English proficiency requirement to become naturalized as a U. S. citizen until 1906 – the first major language restriction to be enacted at the federal level. Before World War I, bilingual education was common in areas where nonanglophone groups enjoyed political clout. During the 19th century, state laws, constitutions, and legislative proceedings appeared in languages as diverse as Welsh, Czech, Norwegian, Spanish, French, and of course, German. At other times, Americans have imposed restrictive language policies. California rewrote its state constitution in 1879 to eliminate Spanish language rights. In 1897, Pennsylvania made English proficiency a condition of employment in its coal fields, a none-too-subtle way to exclude Italians and Slavs. Security fears during the World War I era led to unprecedented bans on public use of the German language – in schools, on the street, during religious services, and even on the telephone. (Crawford) Proposition 227 was passed by a substantial majority of California voters. Its passage is the direct result of the state's poor student performance in English. Until its passage, California embraced bilingual education. Proposition 227 virtually ends bilingual education in California and reintroduces phonics based programs. The California Content Standards and California Education Code clearly define the course requirements under Proposition 227 and the goals for grade level performance. Many groups and organizations feel that making English the official language is essential and beneficial for the U. S. government and its citizens. These groups believe that official English promotes unity. â€Å"This long tradition of assimilation has always included the adoption of English as the common means of communication† (USE). Many studies show that immigrants learn English slower when they are supported by their native language. Since multilingual government services actually encourage the growth of linguistic enclaves, this causes the U. S. to divide into separate language groups because of racial and ethnic conflicts (USE). Also, immigrants will benefit from learning English by being able to participate in the government and the workforce. If immigrants were not proficient in English, they would be subjected to the low-skilled and low-paying jobs. â€Å"Knowledge of English leads to the realization of the American dream of increased economic opportunity and the ability to become a more productive member of society, which benefits everyone† (USE). Many organizations also feel that official English can save money from the unnecessary duplication of government services in multiple languages. â€Å"It is not the responsibility of the government to provide services in the 329 different languages spoken in the United States. It is the responsibility of each individual to either learn English or to find a friend or family member to translate† (USE). Of course there are exceptions including emergencies, foreign language instruction, safety and health services, and tourism promotions. Also, official English does not affect private businesses, religious services, or private conversations (USE). On the opposing hand, organizations oppose official English because they feel it is a violation of individual†s rights. They believe that â€Å"such laws are contrary to the spirit of tolerance and diversity embodied in our Constitution. An English Language Amendment to the Constitution would transform that document from being a charter of liberties and individual freedom into a charter of restrictions that limits, rather than protects, individual rights† (ACLU). There are some versions of the proposed English Language Amendment that disregards the government from providing services in languages other than English. These groups that oppose the â€Å"English Only† laws believe that it violates the Equal Protection Clause of the Fourteenth Amendment. It interferes with the right to vote for individuals who can not read English and with the right of workers to be free of discrimination in certain workplaces. â€Å"Today, as in the past, ‘English Only† laws in the U. S. are founded on false stereotypes of immigrant groups. Such laws do not simply disparage the immigrants' native languages but assault the rights of the people who speak the languages (ACLU). With the debate over â€Å"English Only† laws, a topic of bilingual education arose. Many people who support official English oppose bilingual education. They feel that â€Å"bilingual education programs rely on the unproven theory that a child must spend years becoming literate in his native language before he or she can properly learn a second language. Under their own theory, bilingual educators should not have placed an English-speaking child in a Cantonese-speaking class† (USE). Wasted funds have gone into the support of bilingual education with the schools being inefficient at teaching English. Studies have shown that these bilingual education schools have little or no effect. â€Å"At the very least, federal and state bilingual education laws must be reformed to ensure that parents can easily remove their children from bilingual education programs. Because in America, a child shouldn†t be forced to file a lawsuit to get his education in English† (USE). Since the 1960s, research has shown that multiple language skills do not confuse the mind. Quite the contrary: when well-developed, they seem to provide cognitive advantages, although such effects are complex and difficult to measure (Crawford). Another discredited notion is that children will learn a second language rapidly if they are totally immersed in it. â€Å"For generations, this philosophy served to justify policies of educational neglect – assigning minority students to regular classrooms, with no special help in overcoming language barriers. Disproportionate numbers failed and dropped out of school as a result† (Crawford). The sink-or-swim approach was ruled illegal by the U. S. Supreme Court in Lau v. Nichols. Research has shown that the quality of English exposure is the major factor in English acquisition and not the quantity. Many believe that English as a second language is best taught in natural situations, â€Å"with the second language used in meaningful contexts rather than in repetitious drills of grammar and vocabulary† (Crawford). This approach is common in bilingual education programs, coordinated with lessons in students' native language. Also, native-language instruction also helps to make English comprehensible, by providing contextual knowledge that aids in understanding. Since language has always been an important part of a country†s culture and way of life, I feel that the U. S. should keep this nation a multilingual nation. If this nation can go 200 years without making English the official language, I believe that things should continue this way. I do not feel that the possibility of saving money should substitute the ease of life for immigrants and schools. I also believe that â€Å"an English Language Amendment to the Constitution would transform that document from being a charter of liberties and individual freedom into a charter of restrictions that limits, rather than protects, individual rights† (ALCU). Also, I feel that bilingual education should continue. I feel that it is the parent†s decision where their children go to school. I do not think that the government should interfere with that. Again, I do not believe that money should even be an issue in the rights of these individuals. I agree that English as a second language should be taught in a natural, relaxed environment, â€Å"with the second language used in meaningful contexts rather than in repetitious drills of grammar and vocabulary† (Crawford). It would be hypocritical since Americans learn a foreign language using English. For these reasons I believe that English should not be the nation†s official language, and that bilingual education should continue.

Image and Photographer Essay Example | Topics and Well Written Essays - 500 words - 1

Image and Photographer - Essay Example The picture shows an injured Gunnery Sgt. Jeremiah Purdie reaching out to a stricken friend, who is resting on the ground, with his back against a mud embankment, clutching a wooden stub. The gunnery sergeant is oblivious to his own injury, and even though his head is bandaged, he is rushing forward to his friend. Other soldieries are trying to restrain him or supporting him, as he gazes at his friend, with deep concern, ignoring his own wounds, at the friend who is probably in his dying breath. The background shows other soldiers tending to their wounds, and resting. In the foreground, a couple of soldiers are staring with concern and horror at the fallen soldier. Tents and other equipment of the soldiers are seen in the background, with the trees reduced to ragged and jagged stumps from the heavy artillery fire. In the far background, the forest covered mountains rise and extend to the horizon, showing the enormity that is Vietnam. It is very heartening to see that the Gunnery Serg eant, who is an African American, has developed an intense friendship with his fallen comrade, who is white. One should remember that when this picture of shot in 1966, USA was in the depth of racism, with Blacks fighting for their rights and equality in White America. The picture shows that in war, the color of the skin does not matter, but only friendship and camaraderie (Cosgrove, 2014). It appears that the picture was taken in daylight using a head shot, with the photographer looking down on the scene. The artist has used a wide-angle lens of 50-100 mm, which allows for close up pictures to be taken, while still capturing the background scenery. Natural lighting with sunlight is used, and Flash does not appear to be used since the background shows the muddy ridge in detail with the brown earth. The dog tag on the Gunnery Sergeant does not show any glimmer or reflection from any flash. In addition, war photographers avoided using Flash, in case the light

Health Promotion Teaching Plan Research Paper Example | Topics and Well Written Essays - 750 words

Health Promotion Teaching Plan - Research Paper Example et al., 2000). This paper seeks to develop, perform, and evaluate a teaching plan centered on overall health and wellness through diet, exercise and stress reduction strategies for women, between the ages of 30-50, utilizing various different teaching strategies and techniques in a group setting. Assessment of Learning Needs ?The learning group, which consisted of five members, was taught as a one group due to their small number. The very first pretest was based on â€Å"Fact versus Fiction, What are the myths about overall health and wellness through diet, exercise and stress reduction strategies?† was completed by all the members in order to assess their knowledge before the commencement of the seminar. There was a median score was 49% which showed that the awareness of the study group was adequately lacking. The level of development of the group members showed 50% of the group at a high school diploma level, 25% at a Bachelor’s Degree level, and 25% at an Associateâ €™s Degree level. Even though the majority of the participants had corrective vision, one particular member stated challenges in hearing. Gender, religion and race were diversity in the group, two younger members tended to have a more holistic viewpoint seeking alternatives to taking stress strategies. The others showed preference to a more medicinal interventions (Loyd, Lake, & Greenberg, 2004). The learning styles and strategies The strategies and styles of learning that was preferred by the group include: question and answer, explanation and demonstration, and group discussion. Learner Objectives ? The learning objectives for the health promotion teaching plan include:? Affective Domain: the group members are willing to listen actively to presentation given by their instructor on overall health and wellness through diet, exercise and stress reduction strategies as they engage in a group project; Cognitive Domain: every group member will be able to state five facts on overall health and wellness through diet, exercise and stress reduction strategies following the completion of the seminar; Psychomotor Domain: By the end of training, group members will be able to appropriately measure their own stress levels and document the possible stress strategies preferred. Teaching Plan The teaching instructor needs to exhibit flexibility always with respect to, not only the teaching plan in an effort to meet the individual needs of the learner, but also to the learning objectives. Teaching Plan The teaching plan that will be implemented will include the following aspects: Written Pretest â€Å"Fact versus Fiction, What are the myths about overall health and wellness through diet, exercise and stress reduction strategies?† guidelines on healthy lifestyle guidelines for all the participants relayed through explanation and answering questions, such as eat a healthy balanced diet rich in fruits and vegetables, whole grains and high fiber foods; eat fish at least twice per week; limit sodium intake; and drink no more than one alcoholic drink per day, and getting about 200 minutes of moderate intensity exercise per week. Evaluation of Teaching and Learning A critical evaluation of all the contents in the last phase of the health promotion teaching plan will be carried out. The teaching plan was precise, clear, and focused on the members in the targeted age group. All the registered nurse, who adheres to the format of the teaching plan, would have the

Business Ethics and Corporate Responsibility Research Paper

Business Ethics and Corporate Responsibility - Research Paper Example In return, though it may not be required by law, but an organization should have this significant consideration of the welfare of its society through its moral thought (Kettunen 137). It has to start giving concerns not just on its profit-making activities but there should enough time for giving something for the community. In line with this, profitable organizations have a moral duty to make charitable contributions in an effort to â€Å"give something back† to the community. At some point, this may not be required by law, but an organization should consider itself as a model within a community on showing the importance of being concerned with others. This is a matter of influencing behavior (Holmqvist 68; Thiele 204). For instance, the human resource is an integral part of the community aside from it belongs directly to an organization. The organization should motivate them so it has to give something back to them. However, the moral obligation to make charitable contributio ns should be outside the bound of personal gain, interest or concern of an organization in order to impart genuine concern for others’ needs. 2. Do successful profitable organizations have an ethical responsibility to make charitable contributions in an effort to â€Å"give something back† to the community? Why or why not? Society has social and moral values. Within these values ethical responsibility is normally imposed. Considering that an organization is an integral part of the society, so then it is not outside the ultimate impact of social and moral values (LePage et al., 2011). It is therefore clear that to make charitable contributions in an effort to â€Å"give something back† to the community depends on its prevailing social and moral values. In some countries, it is not ethical to receive certain prize, reward for something out of what good has been done. Some culture just like in Japan has this belief that performing one’s responsibility at wor k is already sufficiently paid and that other payments outside of it would mean an insult. In the same manner, it may not be always necessary to have ethical responsibility to make charitable contributions to give something back to the community. Considering that an organization has already done what is morally good for the society, then there is no need to have this ethical responsibility to give more just to reciprocate considering that there are different and prevailing social and moral values. For instance, producing the right quality of products that say what they tell they have is enough to give back something out of the high level of trust given by the community. The ethical responsibility to make charitable contributions in an effort to â€Å"give something back† to the community depends on the prevailing social and moral values of the society. Thus, it may not necessary to employ it in all the time or everywhere. 3. If you said there was either an ethical or moral du ty to make charitable contributions, how does that affect the corporation's duty to its shareholders to maximize profits? Corporate social responsibility is becoming a must especially among profitable organizations. In their implementation of corporate social responsibility particularly on providing charitable contributions, an organization is becoming clear on its role and stand within the society. As a result, an organization creates specific policies and provides information that will always guide its

Strategic Management Essay Example | Topics and Well Written Essays - 2250 words - 1

Strategic Management - Essay Example Instagram on the other hand also got the opportunity to add its name with a market leader. Facebook acquired Instagram also because they want to hedge the rising popularity of Pinterest, which was a competitor of Instagram (Instagram, 2013). Mark Zuckerburg, the CEO of Facebook considered their decision to acquire Instagram at an inflated price to be correct because they had the target to firstly acquire it before Google did so, and secondly they also stated that this acquisition would have been costlier in future, so the price that they paid was appropriate. This study would be evaluating different facet of such an acquisition, with special focus towards other rising players in photograph sharing segment. The objective of this report would be to analyse the strategic threats and opportunity that Facebook is facing, the framework that they have developed for growth and also assessing the decision of acquiring Instagram. ... However, the opportunities and threats that Facebook is facing or might face can be identified through evaluation of the strategies. Facebook has the opportunity to expand its operations to other international destinations and take the advantage of the popularity in order to introduce new features which will also generate good revenue for the company, such as web advertising, etc (Ansoff, 1987). With the help of technological know-how, and innovative culture, Facebook would be able to diversify and also look forward towards other dedicated segments such as photography sharing segment because now it has already acquired Instagram, web advertising segment, professional platform for job hunters, etc (Eldon, 2010.). However, the company also faces various threats that should be considered before taking strategic decisions. Firstly, the spending of Facebook are more than it is bringing in. Apart from this, Mark Zuckerburg as a CEO also does not have a good reputation, which might hinder s uccessful partnerships (Porter, 1985). Another threat is related to issues of privacy and safety of public information and photos online. The security infrastructure of Facebook is not up to the mark and in this scenario the acquisition of Instagram might be of unproductive for the company because if the privacy and security norms are not strong people will not upload photos. The company has also allowed the third party developers to assist them in their business functions, and also do not prove any button to alert cyber police if someone what to report unethical activity or spam content (Edwards, 2013). Instagram which Facebook acquired was valued to be around $20 million

Bait-ul-Maal. Creation, Functions and Resources of Bait-ul-Maal Essay

Bait-ul-Maal. Creation, Functions and Resources of Bait-ul-Maal - Essay Example The Islamic financial system is among the most autonomous and righteous systems in our society. The Holy Qur'an states this truth in Surah al-Hashr [59:7], "In order that it may not (merely) make a circuit between the wealthy among you." For that reason, the Islamic society focuses on the required circulation of wealth among all citizens and not just those who are affluent, as this may carets humiliation to the Muslim society and raise social class culture (Tamer, p. 102, 2005). Definition of Bait-ul-Maal Bait-ul-Maal is an Arabic expression, which means ‘House of wealth’ or ‘House of money’ (Ayub, pp. 23-25, 2008). Traditionally, it was a financial institution in charge for the management of taxes in Islamic nations, mainly during the early Islamic Caliphate. It provided as a noble reserve for the Caliphs and Sultans, controlling personal finances as well as government expenses. Additionally, it managed circulations of Zakat revenues for community efforts. Contemporary Islamic economists believe the institutional structure suitable for modern Islamic nations (USA International Business Publications, p. 187, 2009). Creation of Bait-ul-Maal The Muslims began establishing Bayt al-Mal from the time of Prophet Muhammad (PBUH). He (PBUH) is accustomed to choose the administrators as well as the commanders for the different areas. Each commander was in charge for gathering Zakah, Jizyah in addition to the fifths of the booty and Kharaj. Every now and then, the Prophet Muhammad (peace be upon him) inured to employ somebody in charge just for the financial dealings to gather the owing cash for the State together with, Kharaj, Jizyah, Tenths (Zakat on lands, assets and the fruits) and donations and give them to Bait-ul-Maal (Ayub, pp. 31-37, 2008). The Prophet Muhammad (peace be upon him) did the same with Mu`adh ibn Jabal (may Allah be pleased with him) when he sent him to Yemen to gather the funds of Zakat from its representatives and with `U baydah ibn al-Jarrah (may Allah be pleased with him) (Kettell, pp. 56-60, 2010) when he sent him to al-Bahrain to gather the Jizyah. The beginning of Bayt al-Mal from the time of Prophet Muhammad’s (PBUH) reign is an obvious proof on the accuracy of the Islamic financial structures since this early time. As a result, it is usual that Bayt al-Mal extends in accordance with the different ages (USA International Business Publications, p. 76, 2009). Functions of Bait-ul-Maal The authority of Bait-ul-Maal consists of the wealth due for Muslims as a group not possessed by one of them and the wealth used for the gain of Muslims. For that reason, Bait-ul-Maal is among the key establishments of the Islamic society as it is the single power entitled to paying money on the different Muslim benefit. It has the influence of a Ministry of Finance and a Central Bank during the present days (Tamer, p. 76, 2005).   Divisions in other Countries of Bait-ul-Maal During the reign of the Umayyad Caliphate, finances get better. The sum of money was very big without doubt, as it came from just one Muslim state, that is Egypt, let alone other finances that made their way to the Bayt al-Mal from other Islamic states (Kettell, pp. 56-60, 2010). There is no uncertainty that such enormous sum of funds accentuated the significance of the Bait-ul-Maal during the period of the Umayyads, and consequently the prominence of this caliphate. It is obvious from the report of Ibn `Abdul-Hakam that there was a middle management for the Bait-ul-Maal in the Islamic caliphate's centre of Damascus as well as sub-managements in every state independently. The

Hypospadia Essay Example | Topics and Well Written Essays - 500 words

Hypospadia - Essay Example When the opening is located in the shallow channel of the penis close to where the shaft meets the head, this form is Coronal hypospadias. When the opening of the urethra occurs anyplace along the underside of the shaft, this is understandably known as Penile shaft hypospadias. The least frequent type of hypospadias is Perineal hypospadias where the opening of the urethra occurs below the penis’ shaft, most commonly affecting the scrotum. All four types of hypospadias combined is still a rare birth defect. Less than one percent of males, one in 250 births, are affected by hypospadias (Retik/Borer, 2002). The causes of the birth defect are yet to be fully understood by the scientific and health care communities. It is commonly acknowledged that treating pregnant women with progesterone and other hormones could increase the chance that their son is born with the disorder. If the woman’s body experiences hormonal imbalances or if the levels of hormones in her body fluctuate greatly during the early period of pregnancy, this could cause the testes of the fetus to fail to manufacture sufficient amounts of testosterone. This hormonal imbalance could also cause the inability of the fetus to react to testosterone. Both situations increase the possibility that the fetus will develop a host of genetic disorders including hypospadias. Symptoms of hypospadias in its mildest forms are not readily apparent, particularly in the case of newborns up to children of school-age. Beyond this age, if the disorder is not corrected with surgery, males will often learn of their condition after they complain to a doctor that their urinary stream is consistently uncontrollable, spraying in random directions. In the case of severe hypospadias conditions, males are unable to urinate when standing. Teenage males with hypospadias experience a higher likelihood of their testicles remaining un-descended following

UK Childrenswear Sector Essay Example | Topics and Well Written Essays - 1500 words

UK Childrenswear Sector - Essay Example According to the statistics, the value sector in 2006 accounted for 35.9% of all UK childrenswear sales, whereas the total clothing market accounted for 23.6% and it is estimated that the growth can increase further. The slow growth rate of Childrenswear in UK can be attributed to the factors like, slower birthrate in UK and the rapid growth of the value market in childrenswear. In spite of the overall sector growth, only the value and low-price fashion retailers have exhibited a continuous growth. Of the nine leading childrenswear retailers in UK, only seven that have a value or low price fashion positioning have gained market share between 2002 and 2007. Under traditional mid market retailers group, the market leaders like Next and Debenhams have only gained the equal share in market. The UK childrenswear market can be considered as the clothing supplier sector for the children under the age of 15 years. This sector produces or promotes the categories like infant clothing, toddler clothing, kids wear- girls clothing boys clothing, sports clothing, night wear etc., The childrenswear have experienced a risen value of 13.1% from 2001 to 2005 worth of PS6.3bn. The price deflation in UK has also influenced the childrenswear market, due to the increasing number of supermarkets and value retailers. However, the retailers like ASDA, Primark, Tesco have concentrated much on childrenswear rather than other non food sales. During this period these giants have concentrated much on pricing which have created a pricing strategic war in the childrenswear sector. In order to sustain and make a competitive position in the market, many other retailers have to follow the leader strategy, by cutting down the prices. Also the recent raise in the UK birth rate have also contributed rise for the baby wear sales In the recent years the UK retail childrenswear market have become a value conscious market trying to observe value through out the supply chain. Also the market is trying to impress the customer through various innovative and technology oriented services like creating email lists etc., rather than regular promotions. The UK market has become more product and brand led allowing the retailers to keep their own labels and to establish their exclusive lines of sales. This has gained a marked success over the supermarkets and value retailers who tend to focus on non branded items. The trend of success led the market to concentrate on the pricing. The childrenswear market is driven by 3 types of consumers. 1. Parents, 2. Children, 3. Non Parents who want to gift. Parents always wants the best and stand out look for their kids, which can hinder the market share of the non innovative product suppliers. People began to look for 'latest and unique fashion' for their kids. Though the female population under-15 years age is smaller than the male, the Childrenswear market have experienced a growth for Girls wear than the boys wear. This difference can be attributed to the behavioural and attitudinal differences between consumer behaviour of male and female. Girls do maintain an extensive wardrobe and are also much fashion consciousness, and can make high purchase with the changing trends. The girls' wear market in the UK shows some characteristics when divided on the basis of age group: under-nines and above-nines. Under-nines can be classified and targeted for more traditional children's

Business Plan-Development of an online fitness service Essay

Business Plan-Development of an online fitness service - Essay Example A bigger percentage of their personal contribution is invested in conducting market research. An effective market research informs the business, it is through these researches that the investors identify viable business opportunities and the best ways of operating the facilities (ALBRECHT, 2011). They however, opt not to include the amount used in conducting the market research since the amount is not directly invested in the business. Its contribution to the profitability of the business is therefore indirectly related to the actual operations of the business. The ten thousand pounds is used to secure a business premise. This is an online gym and do not therefore require a big actual space. Despite this understanding, the business still requires a premise in which the actual operations will take place. The investors will require a space to set up their computers and an actual gym in which they will produce their training tutorials. Online gym implies that the business invests in vending exercise tutorials over the internet. In this, the business requires the production of high quality, effective and timely exercise units that thereby give relevance to the actual space for which the investors apportion five thousand pounds. They purchase the space, which makes the building a fixed asset for the investors. The investors apportion an additional four thousand pounds in the purchase of equipment. This includes the gym facilities and computers. Some of this equipment eventually wear and tear down but a majority of these such as the all-important computers and the training facilities. The equipment will possibly be used for more than a single financial year; this therefore makes it insensitive to place such assets as current. However, the usability of these facilities rely heavily on the safety mechanism that the investors sets up for their business. In case of a

Moral Dilemmas Essay Example for Free

Moral Dilemmas Essay Moral Dilemmas, Moral Strategies, and the Transformation of Gender Lessons from Two Generations of Work and Family Change Women seek personal development by caring for others and men care for others by sharing the rewards of independent achievement are the traditional social norm in the 20th century. In the 21st century, people started to question whether women and men should really be separated into two distinct, opposed and unchanging moral categories. Women and men now have conflicts and tensions between family and work, public and private, autonomy and commitment, for these, gender dichotomy cannot be used to solve as in the past. Undoubtedly, gender dichotomy in moral orientation can resolve the universal tension to certain extent, but it is only prescriptive rather than descriptive. Gender is a social institution rather than an inherent trait and it is now transforming. Women now seek self-sufficiency economically and socially, they seek personal and social commitment outside the home, while men’s breadwinning role and obligation to support women and children diminish. Women and men are now facing socially structured moral dilemma. Investigating how the new generation thinks, the interview reveals that the young generation believes that it is difficult to keep a relationship with balanced autonomy and commitment. They believed that it is not morally wrong to end the relationship if the two do not get along well. Ending the relationship would be better than keeping a bad relationship, not only to the couple, but also to their children. Also, they appreciated their mothers if they work and think that both women and men should care for the family both financially and emotionally. As it seems difficult to apportion moral labor by gender-neutral strategies, women and men diverge in their opinion in gender role. Men prefer the Neotraditionalism, that is, the couple share the breadwinning but the women have to place family first, but this collide with what the women long for, autonomy before commitment, and they want to be economically independent. In my opinion, this gender transformation has significant importance to people in the 21st century, especially to women. In the past, because of the gender dichotomy, women are restrained from work and are expected to stay at home to manage the household, e. g. look after the children, do the household chores, they have to devote all their time to the family and have to give up their dreams, even if they are talented or have potential in some fields, they do not have the opportunity to explore into their careers. Also, they have to be tolerant to the household violence just because they are economically dependent and they rely on their husbands for living. They do not have the working ability because they have spent most of their time in the family and they have already been detached from the outside work society. It is also difficult for them to find jobs because of the social and cultural environment that do not encourage women working. As a result, women are trapped in the marriage for their whole life. On the other hand, the traditional gender dichotomy does not only give disadvantages to the women, men also suffer from that. Men are the sole breadwinner in the family and they have to bear the pressure to earn the living for the whole family. Because they have to work hard to support the family financially, always with long working hours, they may not have time to care for their children. They have less time and opportunity to communicate with the children and build good relationships with them. Men have no choice but to sacrifice the time with their family. Now, we are lucky that the gender difference is getting smaller and the moral obligation for men and women are not so obviously divided. Though there are still structural and cultural contradictions in the society nowadays, women and men now enjoy more freedom to choose what they want to do to attain a balance between family and work, autonomy and commitment. To help with the transformation, more family-friendly elements should be added to the society and in the workplace to help women and men to strive for their success in both their careers and their families.

Pacific Rim (2013) Summary and Analysis

Pacific Rim (2013) Summary and Analysis In selecting a film, and subsequently the company behind it for an interrogation of industry workings, a more recent film would be the obvious choice for a justification in the relevance of research. However with a production process spanning seven years and no precursor or existing franchise to support it, Pacific Rim (2013), as a singular film with no preexisting fan base, would make a logical case study in analysing how corporate influence has affected the film’s box office success. In addition, having already been released for over a year, the results and after effects of the film can be analysed thoroughly without the initial fan attraction or hype associated with newly released films. The film itself is directed by Oscar nominee Guillermo del Toro. His summer blockbuster Pacific Rim is a movie of the science fiction Kaiju and fantasy action genre in which giant robots known as ‘Jaegers’ battle the invading monsters known as ‘Kaiju’ in a â€Å"go big or go extinct† fight for mankind’s survival. Starting production in February 2006, Pacific Rim eventually began filming on the 14th November 2011 under Warner Bros Pictures in association with Legendary Pictures and was then distributed by Warner Bros Pictures, a subsidiary of Time Warner. These two studios are generally well known for their collaboration work as a result pf films such as Batman Begins (2005) and Inception (2010). To truly assess how a film is affected by the influence of a well known and financially sufficient company such as Time Warner, a consideration of the metric that measures the success of all, if not most films would be beneficial to the research question at hand. While it has been taken into consideration that some films, such as Fight Club (1999), can become cult hits even after being deemed as a box office failure, the metric used in measuring the success of films are box office sales. In scrutinizing the film as a media text from an economic point of view, Pacific Rim’s basic purpose is to create economic wealth from the creative and narrative elements within the media text. Therefore by investigating box office sales and the consequences of a film’s success, this research question will allow for a scholarly understanding of how organisations influence films to create economic wealth and whether this affects a corporate company’s decision to create or add to the creative and artistic universe of a film through sequels, prequels or other narrative media texts. In order to critically analyse and examine film industry structures, procedures and mechanisms, the appropriate methodology of media industry research must be employed. Therefore selecting a methodology that studies the development and delivery of the chosen media text; Pacific Rim, would be beneficial in understanding why procedures and practices are used within the company behind it; Time Warner. An organisational analysis of Time Warner and the roles and functions of each creative subsidiary company within Time Warner would be a suitable research methodology to employ, however organisational analysis’ are generally limited to one organisation and the mapping the departments within, applying this to a conglomerate and viewing each company within it as a department may be using an organisational analysis on a larger scale than it should be used in. None the less, the employment of an organisational analysis would be the logical research methodology to be applied to this research report. As stated by Long and Wall in Media studies: texts, production, context, the first subsection of an organisational analysis to be taken into consideration is the mapping of divisions or departments such as the production and marketing behind Pacific Rim. The second branch to be considered when making an organisational analysis is the working practices such as distribution and exhibition in cinemas. In a primary analysis of the production procedures behind Pacific Rim through organisational analysis, it is suggested that the film is the result of a practice known as vertical integration; vertical integration is the process where a media conglomerate owns several companies from the different stages of production all the way to distribution. Fitzgerald (2012) details the growth of Time Warner and its subsidiaries and it can be seen that Pacific Rim is created and filmed by Warner Brothers Pictures with other supporting studios, Warner Brothers Pictures is a studio owned by Time Warner, which is a large multi-national media conglomerate. Upon further investigation into Fitzgerald’s Corporations and Cultural Industries: Time Warner (2006), the relationship and roles between the different divisions that compile Time Warner can be seen. Time Warner is also the parent company of WaterTower Music, which provided the OST (Original Soundtrack) for Pacific Rim. The films’ beh ind the scenes content and interviews with the cast and director were then promoted on Cinemax, an American cable and satellite channel owned by HBO (Home Box Office), which is also a subsidiary of Time Warner. Further research also shows Pacific Rim to be the product of media synergy. Media synergy is the coming together of two or more elements in a media conglomerate to promote a product across several types of media. Similarly, media convergence, as suggested by Jenkins (2009), is the increase in connections between media platforms and technologies. The convergence of media can also be seen in the viral marketing produced prior to the launch of the film. Convergence took the form of virtual propaganda posters and robot blueprints [Appendix A] advertised across the internet, additionally, links to a â€Å"build your own Jaeger† flash game on the official Pacific Rim website is another example of media convergence. Moreover, a console videogame and soundtrack were released alongside the movie on July 12th and June 18th respectively to help promote the movie, both of which were created by subsidiaries of Time Warner. This media synergy and convergence created by Time Warner advertises the media text; Pacific Rim across all of its creative enterprises such as WaterTower Music and HBO. However it can also be said that Pacific Rim is not a product of vertical integration as the parent company, Time Warner, does not own or monopolise all the stages of distribution, even if it does have a large hand in the production of its movies. Cinema companies today such as Vue and Cineworld are owned independently of the studios that create the films. It is this reason that vertical integration no longer truly exists in the film industry as it did in the golden age of Hollywood where the then called Warner Brothers monopolised the industry along with the other studios of the â€Å"Big Six† in an oligopoly as argued by Thomson in The whole equation: a history of Hollywood (2006). An initial study of how a film’s production process is supported or undermined by corporate backing would suggest several advantageous points in publicity; including a worldwide scale of theatrical release, worldwide advertising and large financial support from the company that produced and distributed Pacific Rim: Time Warner. While specifically not distributed by Time Warner, but a subsidiary known as Warner Brother Pictures, Pacific Rim still benefited from Time Warner through its other subsidiaries as stated in Fitzgerald’s Corporations and Cultural Industries: Time Warner (2006). A more in depth investigation into box office figures via an online secondary source, Boxofficemojo.com [Appendix B] illustrates the box office sales for the weekend opening July 12th-14th. As seen on the webpage, it is reasonable to assume the large amount of theatres screening the movie contributed to the amount of gross profit made for that opening weekend. However, in applying a theoretical analysis of power, and more importantly economic power to the research question, it can be said that Time Warner, being an economic institution with commercial enterprises across all forms of media has the influence to have Pacific Rim screened in many cinemas. (Flew, 2007) However this leads to the question of why other films, as listed on Box Office Mojo, such as Djà ºpià ° (The Deep), that released on the same opening weekend as Pacific Rim did not use or hire more cinemas and theatres to screen their film. Upon further research into the companies that produced The Deep on website IMDb [Appendix C], it can be seen that The Deep is produced and distributed by media companies much smaller than Time Warner and Warner Brothers Pictures. AGM Factory, BlueEye productions and Filmhuset Produksjoner are all minor and independent companies that have less power in persuading mainstream cinema companies into screening their product. However in consideration of their film itself, there is a strong likelihood that it may have been a conscious decision made by the film makers, producers and distributors of The Deep as their target audience may be smaller in size and are viewers of the niche genre, making it more logical to screen at a limited number of theatres. This notion of larger companies wielding more influence with cinemas is reinforced by the fact that the top three positions for weekend gross and amount of cinemas screening on the Box Office Mojo chart were held by three major studios: Disney, Universal Pictures and Warner Bros. [Appendix D] These larger Hollywood studios are therefore able to screen their films in even more theatres as a result of their economic power i.e. influence and wealth (Flew, 2007). Theatres also have a higher likelihood to screen these Hollywood films as they generally have large budgets and run advertising campaigns that ensure the awareness of the general public, which would also result in an increased income for the cinemas and theatres that host these films. The end result of Pacific Rim’s box office run was a success, however upon further analysis of the process as opposed to simply interpreting the results, Pacific Rim was actually deemed as a domestic flop in the western hemisphere. Upon release on 12th July, Pacific Rim itself had a disappointing start in western markets and was dubbed by the Gaurdian Film Blog’s Charles Gant as â€Å"the latest film that is struggling to engage audiences†. However there was speculation in the industry about the high possibility of success in international markets for Pacific Rim, one account being made on website Variety by Michael Sullivan who stated that â€Å"Pacific Rim’s hopes for salvation now lie with international auds.† Sullivan makes this suggestion as international audiences are more familiar with the Kaiju genre and are therefore more likely to go and see the movie. Del Toro’s Pacific Rim can be seen as a western approach on the â€Å"Kaiju† genre, the Kaiju genre being native to the Japanese film industry. This similarity can be seen as it shares conventions such as â€Å"strange monsters† (the direct translation of â€Å"Kaiju†) attacking major metropolitan cities as seen in Japanese classics such as Godzilla (1954) (1954). Therefore it can be argued that Pacific Rim’s Iconography and structure may be recognisable and well established to audiences who are aware of Kaiju genre conventions, making it more appealing. This is reinforced by the oversees box office release of Pacific Rim in Chinese and South Korean markets, proving Gant’s guess of Pacific Rim’s â€Å"salvation† with international audiences. The international release boosted its income significantly, effectively saving it from box office failure. Appendix E, also from Box Office Mojo, details Pacific Rim’s worldwide success, with a total gross of four hundred million US dollars, also noteworthy is the fact that three quarters of that lifetime gross derives from â€Å"foreign† marketplaces. It is then reasonable to argue that Pacific Rim’s box office success was saved by its release in international markets. An investigation of how a large corporate company can be detrimental to a film’s box office success is not obvious, however a case study analysed by Long and Wall (2012) on the film Cowboys and Aliens describes the film as playing out like something more akin to a â€Å"†¦business deal than a motion picture.† Therefore in the context where corporate companies have too much of a heavy hand in the artistic and creative elements of film production, it can become â€Å"noisy, grotesque and unappealing†, Cowboys and Aliens is summarised as the best movie â€Å"a posse of major Hollywood players could come up with.† For that reason, it can be argued that the financial benefits provided by a conglomerate can have a positive effect on a film’s box office success. However any infringement on the creative and narrative elements of a film would be detrimental. Furthermore, Pacific Rim’s narrative and creative choices have had no regulatory issues, being approved and classified as a 12A film by the British Board of Film Classification (BBFC); reasons for this were stated in the â€Å"BBFC insight† section of the website. The BBFC states that â€Å"moderate violence is allowed† in a 12A film but not in explicit detail and that there â€Å"should be no emphasis on injuries or blood†. The Insight publication also reveals that Pacific Rim abides by these rules and that â€Å"we see some blood† however deaths are only implied as â€Å"neither the injuries nor deaths are shown with any detail.† Overall, the film is â€Å"rated 12A for frequent moderate violence and one use of strong language.† This makes it suitable for a much wider audience than films of a higher classification. To that end, narrative decisions made during the script writing process therefore allowed Pacific Rim to maximise its bo x office success and profits by having a lower rating. A flaw in the narrative and creative aspects of the film was its genre, the kaiju genre is not well known to western audiences and while the creative minds were allowed to flourish without restraint, the end result did hinder the overall box office success. On the other hand, another case study such as Cowboys and Aliens is at the other end of the spectrum in terms of heavy corporate and business influence, to the point where it was described as playing out â€Å"like a business deal more than a motion picture.† (Long Wall 2012) Therefore with case studies of major conglomerates having been studied at each end of the spectrum, the next step in continuing a study of how a multinational media conglomerate’s organisational structure effects box office would be to select a film to use as a case study that has a box office record that isn’t affected by external factors such as being part of a business deal or being hindered by an unfamiliar genre. A better selection of case study films to represent the effectiveness of conglomerates on box office successes would truly answer the research question at hand. However to summarise based on current findings, it can be argued that not all corporately produced blockbusters are successful; this was demonstrated in the box office results for Pacific Rim found on BoxOfficeMojo.com, where the motion picture’s box office performance in domestic markets waned, only to be saved with its release in foreign markets such as China, Japan and South Korea where the ‘Kaiju’ genre, typically associated with Godzilla (1954) (1954), is well received. On this notion, it can be counter argued again from a theoretical perspective, that the wealth and influence wielded by Time Warner allowed Pacific Rim to be released in international markets, effectively saving the film’s box office run. The research results from the organisational analysis show that corporate backing does not always create box office successes, however the benefits of being produced by such an organisation allows for a synergy, and convergence, of all companies within that conglomerate to provide all the necessary components for the media text to succeed. The roles and functions of each division cooperate effectively towards a common goal in the marketing and production aspects of creative commodities such as Pacific Rim. While this specific case study, Pacific Rim, does not fare particularly well at domestic box offices, it does prove that the object of study, Time Warner, has ability to create successes.

Secret trusts in Blackwell v Blackwell

Secret trusts in Blackwell v Blackwell For the prevention of fraud equity fastens on the conscience of the legatee a trust which would otherwise be inoperative: in other words, it makes him do what the will has nothing to do with, it lets him take what the will gives him, and then makes him apply it as the Court of Conscience directs, and it does so in order to give effect to the wishes of the testator, which would not otherwise be effectual per Viscount Sumner in Blackwell v Blackwell [1929] A.C. 318, 335. Discuss this view explaining the practical and legal problems the approach creates, the nature of the fraud, and whether it is a sufficient justification for the acknowledgment of both fully secret and half secret trusts. Let us commence with a brief examination of the factual circumstances which occurred in this case: A testator, by a codicil, bequeathed a legacy of  £12, 000 to five persons ‘to apply for the purposes indicated by me to them. Prior to the execution of this codicil, the terms of the trust were communicated to the legatees and the trust was accepted by them. The beneficiaries were the testator’s mistress and her illegitimate son. The plaintiff sought from the courts a declaration that no such valid trust in favour of the objects had been created on the ground that parole evidence was inadmissible to establish such a trust. Approaching this factual situation as a probate lawyer, one would not be criticised for suggesting that the trusts in question were invalid for failure to comply with the formality requirements of s9 of the Wills Act 1837, which require a will, â€Å"or any other testamentary disposition†, to be in writing, signed by the testator and two witnesses. Viscount Sumner in Blackwell v Blackwell[1] however did find that these trusts were valid, in spite of this statute: The above excerpt, from the dicta of Viscount Sumner in Blackwell v Blackwell, argues that the enforcement of a semi-secret trust does not in fact contravene the aforesaid statutory provision. Viscount Sumner reasons that the trust in question is in fact created inter vivos, and as such operates outside of the will; the testator communicated the trust to the proposed trustees who accepted it, the trust becoming fully constituted upon execution of the will and transfer of the trust property to these trustees. In this way, he argues that enforcement of the trust is not due to the will document itself, rather the previous agreement made between the trustees and testator; secret trusts therefore operate outside of the will itself and as such are not subject to the formality requirements contained in s9 of the Wills Act 1837: the whole basis of secret trusts, as I understand it, is that they operate outside the will, changing nothing that is written in it, and allowing it to operate accor ding to its tenor, but then fastening a trust on to the property in the hands of the recipient.[2] Viscount Sumner therefore argues that the enforcement of semi-secret trusts should be governed by trust law and not through the rules of probate. This conclusion is certainly neat, and prima facie, does seem to satisfy the concerns of the probate lawyer, but if Viscount Sumner’s argument is to be accepted, and we are to submit to the notion that the applicable principles to be applied to the above facts lie within the sole jurisdiction of trust law, then surely we could expect that there would be a vast body of case law which we could rely upon to support his argument. The truth however is that, despite its beauteous simplicity, there are real legal problems in reconciling this theory with our orthodox principles of trust law; the permission of a trust, which purports to bind after-acquired property, is irreconcilable with the established trust law rule that it is impossible to declare an immediate trust of future property[3], or a trust which binds such property whenever in is received[4]. These are not minor concerns, nor the only concerns: Critchley[5] argues that this viewpoint is also flawed in that Viscount Sumner has confused the notions of â€Å"outside the will† with â€Å"outside the Wills Act†, incorrectly relying on the reasoning in the case of Cullen v Attorney General for Northern Ireland[6], which was a decision relating to tax statutes rather than to the formal requirements of the Wills Act, and was as such within an entirely different legal context On top of this, Pearce and Stevens[7] convincingly argue that the case of Re Maddock[8] is wholly inconsistent with Viscount Sumner’s view: In this case, a testatrix, by her will, left her residuary estate ‘absolutely’ to X whom she appointed one of her executors. By a subsequent memorandum communicated to X during her lifetime, she directed X to hold part of the residue upon trust for named beneficiaries. There were insufficient assets to pay the debts of the estate. The legal issue was whether or not the secret beneficiaries took their interest subject to the payment of the debts. Cozens-Hardy LJ argued that â€Å"†¦the so called trust does not affect property except by reason of a personal obligation binding the individual devisee or legatee. If he renounces or disclaims, or dies in the lifetime of the testator, the persons claiming under memorandum can take nothing against the heir at law or next of kin or residuary devisee or legatee.† Viscount Su mner’s reasoning however suggests that since the trustee takes as trustee on the face of the will, the trust should not fail in the ways suggested by Cozens-Hardy in the above dicta. The legal problems and inconsistencies with Viscount Sumner’s justification must lead us to the conclusion that such trusts cannot be accounted for under the rules of inter vivos trusts; we must therefore accept that their existence does in fact mark a departure from the Wills Act 1837. This does not mean that such a view is necessarily unjustified and outside the scope of Equity’s jurisdiction; after all, Equity is the ‘court of conscience’, and as the age old maxim states ‘Equity will not allow a statute to be used as an engine of fraud’. Therefore, if it can be demonstrated that the permission of semi-secret trusts is preventing such fraud, then, despite the legal problems and inconsistencies discussed above, we may still be able to find adequate justification for the existence of such trusts. As Vaughan Williams L.J. asserted, in the case of Re Pit Rivers [1902][9], â€Å"†¦the court will never give the go-by to the provisions of the Wills Act by enforcing any one testamentary disposition not expressed in the shape and form required by the Act, except in the prevention of fraud.† Clearly therefore, whether or not this justification will apply to any given case depends upon which definition of ‘fraud’ is subscribed to in that case. In McCormick v Grogan[10], the ‘fraud’ being protected was that of the secret trustee: it is only in clear cases of fraud that this doctrine has been appliedcases in which the Court has been persuaded that there has been a fraudulent inducement held out on the part of the apparent beneficiary in order to lead the testator to confide to him the duty which he so undertook to perform. The protection of this type of fraud has been held out, and confirmed in subsequent cases, to be the traditional justification for the existence of the doctrine of secret trusts. However, in the case of semi-secret trusts [such as the type of trust at issue in the case of Blackwell v Blackwell] such fraud is not possible; the face of the will makes it quite clear that the secret trustee is not to take the property beneficially, a nd should the contents of the trust be denied by that trustee, the property would return to the estate by way of resulting trust. And yet in cases involving half-secret trusts, we can still see the courts employing justification-arguments based on fraud. In such cases, a wider conception of ‘fraud’ has been employed; â€Å"it is not the personal fraud of the purported legatee, but a general fraud committed upon the testator and the beneficiaries by reason of the failure to observe the intentions of the former and of the destruction of the beneficial interests of the latter.† It was this argument put forward in the case of Riordan v Banon[11]: â€Å"it appears that it would also be a fraud though the result would be to defeat the expressed intention for the benefit of the heir, next of kin or residuary donee,† and it was this passage which was cited by Hall V.C. in the case of Re Fleetwood[12], a case which was relied upon by Viscount Sumner in the formulation of his judgement: â€Å"It seems to me that, apart from legislation, the application of the principle of Equity in Fleetwood’s case†¦ was logical, and was justified by the same considerations as in cases of fraud and absolute gifts. Why should equity forbid an honest trustee to give effect to his promise, made to a deceased testator, and compel him to pay another legatee, about whom it is quite certain that the testator did not mean to make him the object of his bounty?† Challinor[13] argues that the ‘fraud theory’ has been extended in an artificial way in order to encompass a justification of half-secret trusts and the modern case law. A huge flaw exists in making such an extension; she argues that equity’s willingness to respect a testator’s wishes where that testator has not met the formality requirements as stipulated by s9 of the Wills Act is inconsistent with its approach to other commonplace situations in which a testators wishes are not respected by Equity in the same way: for example, â€Å"purported beneficiaries under ineffective wills are routinely deprived of property which testators or settlers would desire them to have, simply because wills and trusts have not been put into effect in the proper manner.† She argues that the traditional equitable maxim that â€Å"equity will not permit a statute to be used as an engine of fraud† must be adapted to something more like â€Å"equity will not allow a statute to be used so as to renege on a promise† if it is to fit within the situations envisaged in Blackwell v Blackwell. The effect of such a mild form of fraud theory is to shift the focus â€Å"onto potential, rather than actual, wrongdoing†¦ the policy aim underlying it is thus proactive (or preventative) rather than reactive (or curative).† In conclusion therefore, Viscount Sumner’s view as to the enforcement of secret and semi-secret trusts is one which creates a number of practical problems. It gives testators a valid reason for not observing the statutory formalities normally applicable in making a will. These statutory formalities are in place for the very purpose of preventing personal fraud, and in light of this, it seems odd that Viscount Sumner should support a view which in itself gives testators the option of bypassing these precautions and thus increasing their risks to such fraud, especially in light of the fact that the underlying justification in his viewpoint is one of ensuring that the testator’s true intentions are honoured. I must therefore conclude that in light of its legal problems and inconsistencies, the artificial nature of the ‘fraud’ it seeks to prevent, the practical problems which arise as a result of acknowledging such trusts, the view expressed by Viscount Sumner in the case of Blackwell v Blackwell does not provide a sufficient justification for the acknowledgment of both fully secret and half secret trusts. Bibliography Critchley, Instruments of Fraud, Testamentary Dispositions, and the Doctrine of Secret Trusts (1999) 115 L.Q.R. 631 Pearce Stevens, The Law of Trusts and Equitable Obligations (2nd ed., London, 1998) Conveyancer and Property Lawyer 2005. â€Å"DEBUNKING THE MYTH OF SECRET TRUSTS† Emma Challinor Moffat, Trusts Law Text and Materials 3rd ed Footnotes [1] [1929] A.C. 318, 335 [2] Megarry V.C in Snowden, Re [1979] 2 All E.R. 172 at 177, expressing the same viewpoint as Viscount Sumner in Blackwell case [3] Williams v C.I.R. [1965] N.Z.L.R. 395 [4] Permanent Trustee Co v Scales (1930) 30 S.R. (N.S.W.) 391 [5] Critchley, Instruments of Fraud, Testamentary Dispositions, and the Doctrine of Secret Trusts (1999) 115 L.Q.R. 631 at 635 and 641 [6] Cullen v Attorney-General for Ireland (1866) L.R. 1 H.L. 190 at 198, per Lord Westbury. [7] Pearce Stevens, The Law of Trusts and Equitable Obligations (2nd ed., London, 1998), p.222 [8] Maddock, Re [1902] 2 Ch. 220 [9] Pit Rivers, Re [1902] 1 Ch. 403 [10] McCormick v Grogan (1869) L.R 4 H.L. 82 at 89 [11] (1876) 10 Ir. Eq. 469 [12] (188) 15 Ch.D. 594 at 606-607 [13] Conveyancer and Property Lawyer 2005. â€Å"DEBUNKING THE MYTH OF SECRET TRUSTS† Emma Challinor

Environmental Problems :: essays research papers

Environmental Problems In today’s environment Palm Beach County alone faces many environmental problems, which can turn disastrous if not taken care of. Included in these problems are air pollution, water contamination, and urban explosion. Air pollution is a major factor threatening our health and our environment. Due to the pollutants that circulate in the air, many people can come into contact with cancer causing gases. Atmospheric contaminants are derived from human practices, such as gas from automobiles, factories, and even chimneys. Pollutants do not only cause damage to our health, but they cause damage to the health of plants and animals as well. Sulfur dioxide and nitrogen oxide cause damage to leaves of crop plants and trees when they enter leaf pores. Exposure of leaves to air pollutants can also break down the waxy coating that helps prevent excessive water loss and damage from diseases, pests, drought, and frost. Water pollution is another problem our county faces. There are many causes for water pollution but two general categories exist: direct and indirect contaminant sources. Direct sources include effluent outfalls from factories, waste treatment plants etc., which emit fluids of varying quality directly into urban water supplies. Although these practices are regulated, this doesn't mean that pollutants can't be found in these waters. Indirect sources include contaminants that enter the water supply from soils/groundwater systems and from the atmosphere via rainwater. Soils and groundwater contain the residue of human agricultural practices (fertilizers, pesticides, etc.) and improperly disposed of industrial wastes. The effects of water pollution are varied and can be severe. They include poisonous drinking water, poisonous food animals, unbalanced river and lake ecosystems that can no longer support full biological diversity, deforestation from acid rain, and many other effects. These effects are harmful to everyone either directly or indirectly. It seems as if everywhere you look you either see construction, or a sign confirming construction will soon be present in that particular area. Urban explosion has played a big role in Palm Beach County’s environmental problems. Construction of so many new restaurants and stores has lured many new residents to Palm Beach County. This urban sprout has slowly deteriorated the natural habitat in many areas where entire forests have been cut down in order to make room for homes and new resident areas.

Beowulfs Superiority :: Epic of Beowulf Essays

Beowulf, the great Geatish warrior, lives a very adventurous life filled with many voyages, battles, and victories. Through all of these events, he meets various people who are considered to be heroes like himself. These heroes, however, are unable to have the same abilities and characteristics of Beowulf. His great achievements cannot be matched by anything that they have done in their lives. Beowulf is a superior hero to Hrothgar, Unferth, and Wiglaf in the epic of Beowulf because he kills every monster that he fights, becomes a widely feared warrior and king, and dies in battle completing his final heroic act. Beowulf is superior to Hrothgar, Unferth, and Wiglaf because he kills every monster that he faces. When Herot was ravaged by Grendel and his mother, Hrothgar lacked both the strength and the courage to defend his people. Hrothgar was hindered by his old age and lacked the vitality of his youth that would have made him capable of slaying the monsters. However, when Beowulf grows old and becomes king, he is not affected by the factor of old age. Beowulf’s kingdom is attacked by a great dragon just like Hrothgars kingdom was attacked by Grendel. The difference is that Beowulf in his old age still had the strength and courage, unlike Hrothgar, to protect his kingdom. Unferth was considered to be the hero of Herot, but yet when monsters attacked the people that he was suppost to protect, he did nothing to stop it. Grendels reign of terror started many years before Beowulf came, so Unferth had plenty of time to at least make an attempt at stopping him. But because of Unferths lack o f action, Beowulf has to take on the task of slaying Grendel. By killing Grendel and his mother, Beowulf succeeds where Unferth has failed. Wiglaf and Beowulf both fought the dragon, but Beowulf is the one who actually killed it. Wiglaf was in full strength and was unhurt but all that he could do was stab the dragon. Beowulf, however, was badly wounded, but still managed to provide the fatal slice to kill the dragon. Hrothgar, Unferth, and Wiglaf all relied on Beowulf to kill the monsters that they could not kill themselves. This makes Beowulf superior to them because he obtained the strength, courage, and will that they all lacked. Beowulf is superior to Hrothgar, Unferth, and Wiglaf because he becomes a widely feared warrior and king.

Causes and Effects of Stress in Daily Life Essay

Causes and Effects of Stress in Daily Life Stress comes from many different things and is the cause of many problems in a person’s life. There are different type of stress that mostly people experienced in there lives. The Acute, episodic and chronic stress. Each of this stress has a different types of characteristics, symptoms and treatment. Mostly people suffer from acute stress and experienced a perceived threat either physical, emotional or psychological that can cause our body to experiences and increased the levels of hormones and to increase the heart rate, breathing and higher blood pressure. Episodic stress is more severe type of acute stress. This type of stress is often more difficult to diagnose. Mostly people suffer from this type of stress experience symptoms everyday. The most common symptoms are headaches such as migraines, tension, being irritable, feeling anxious or even pain in the chest. According to Benjamin H. Gottlieb, Chronic stress is often defined by continuing the possibility or expectation of potential harm. The most common sources of stress in people’s life are often categorized like Death of spouse, family or friends. Health, crime, sexual problems, alcohol or drug abuse or inancial, and the life changing, for instance the divorce, separation, marriage or new baby. Argument with spouse, family member, friends, co-workers or boss. Physical changes to include lack of sleep, new work place and hours and the demands of the job and relationship with co-workers, new responsibilities and to understand the roles and regulations of the new Job and the support that there getting to a co- workers or supervisors. A lot of people suffers stress from the work place. to include the lack of feedback on the performance, poor communication with their own teams , orking long hours and uncomfortable work place. The general causes of stress that most common of people experienced are physical threat, social threat and financial threat. In particular it will be worsen when the person feels they have no response that can reduce the threat, the need and sense of control. When a person dealing with stress it can become fear that leads to imagined the outcomes. Uncertainty, unable to predict , and feeling not in control and lastly feeling being cognitive dissonance. It occurs when they cannot meet the commitments and being perceived as incapable and dishonest.

Computer Security Measures Essay

The Problem and Its ScopeThe profit and discipline processing system interlockinging bastardlys that there is a take away for new credential measure measures to reduce the threats and ch eachenges inbuilt from these new techno enteries and softw be applications and earnings devices. culture, net belong equipments, transmission media, reckoner systems, and legions are theatre to threats. Yet the practice of schooling and parley technologies has increased the incidents of com amazeing device abuse. Computer guarantor involves safeguarding computing resources, ensuring schooling integrity, limiting rile to authorized users, and maintaining data confidentiality.Effective electronic computing device hold dearive cover therefore involves taking physical protective cover measures (to ensure hard squander and media are not stolen or damaged), minimizing the risk and implications of error, affliction or loss (for example by developing a resilient back-up strateg y), charm user corroboration (for example by employing strong pass wording), and possibly the encoding of sensitive files. We live in a world where training wants to be secrete and in which people are acquiring apply to having access to whatever information they want alltime, bothwhere and from a wider epitome of computing devices. Unfortunately, in calls of the testimonial and learn of the resources to which electronic calculating machines permit access, this buns resurrect quite a problem. Indeed, umpteen users alas often view aegis and control measures as inhibitors to effective estimator use.The assimilators cognisance ready data processor hostage measures can be a big help to them to acquire any(prenominal) knowledge some protection of their digital asset. In this sense, the students acquire knew knowledge on how to use computer warrantor measures in pose to protect all the data stored in their computer system. Because of the computers evolutio n, the seekers want to make do the implications on how important the computer aegis measures, so that the respondents will be adequate to know on how to handle any(prenominal) cases in the future. Globally, the nigh utilize computer protection measures are Anti-virus course of instructions are the most frequently used tools to protect computer systems, and they must be upgraded regularly to protect against any new viruses.Firewallis different from anti-virus software, which merely verifies that a file is virus free. You can withal add an anti- emissary ware program. shit ware is a small program downloaded onto your computer via the internet, usually with your approval, to collect information. Anti- emissary ware operates a lot like an anti-virus program, and its role is to sustain malicious spy ware (or malware) from sneaking onto your computer and transmit your personal data. Firewall intercepts and controls traffic amidst networks with differing aims of trust. It is farewell of the network perimeter defense of an disposal and should enforce a network security policy. By Cheswicks and Bellovins definition, it provides an take stock trail. A firewall is a good belongings to support strong user authentication as well as parking area soldier or confidential communications between firewalls. As pointed out by Chapman and Zwicky 2 , firewalls are an excellent place to focus security decisions and to enforce a network security policy.They are able to efficiently log internet work activity, and limit the characterization of an memorial tablet. The exposure to attack is called the zone of risk. If an organization is connected to the Internet without a firewall, every force on the private network can directly access any resource on the Internet. Or to put it as a security incumbent might, every host on the Internet can attack every host on the pri vate network. In the Philippines, some of the businesses are employing security products, such (prenominal) as violation detection system and firewalls, and early(a) inhering controls which are meant to safeguard, physically and logically, all servers and information systems, including the data stored in the systems. In Davao City, many colleges offers IT courses and one of these schools is the Holy Cross of Davao College. both(prenominal) computer security measures used in some colleges are anti-virus, firewall, ad ware, spy ware and etc. This help to apprehend data from viruses, unauthorized access, ironware nonstarter and hardware theft.Rationale of the take upThe term Information Technology is the area of managing technology and spans wide variety of areas that include computer software, information systems, computer hardware, programming languages but are not limited to things such as processes, and data constructs. In short, anything renders data,information or perceived knowledge in any visual format whatsoever, via any multimedia distribution mechanism, is con sidered part of the Information Technology (IT) domain. Computer security is to prevent or detect unauthorized actions by users of the system.The protection of data stored in your computer system. The protection of data (information security) is the most important. The protection of networks is important to prevent loss of server resources as well as to protect the network from being used for contraband purposes. The objective of this account is to know the direct of sentiency and enjoyment of all commencement ceremony year BSIT students in terms of computer viruses, unauthorized access, and hardware failure and hardware theft.Theories and ConceptThis take apart was anchored on the purpose of Dynamic cognisance conjecture (DAT) offers an option to explaining the beingness of alive(predicate)ness in distributed work groups. DAT highlights the important role of users and genial practices in awareness creation. The theory throw out points to the dynamic nature of awaren ess creation Awareness emerges over time and depreciates when not being actively attended to by the users.A persons awareness is not a static relegate which can be arbitrarily sour on and off. It is rather a thick build-up of information about his surroundings (Kai Riemer, Russel Haines, 2008).This theory of awareness is use to conceptualize each(prenominal) individual of their daily awareness about what happen in their community, because awareness requires active maintenance because it diminishes over time.Independent multivariate Dependent variableFigure 1. conceptual Framework Showing the Variables of the Study The response of the counterbalance year BSIT students in the aim of awareness and employment about computer security measures in terms of Virus, unlicenced Access, computer hardware Failure and Hardware thievery depends with the experiencesthey encountered in their system in which it is the posterior of the reasons for the awareness of the students.Statement of the Problems1. What is the level of awareness of the respondents about computer security measures against the interest threatsa.Virusb. unaccredited accessc.Hardware failured.Hardware theft2. What is the level of utilization of the respondents on computer security measures? 3. What is the most just computer security measure by the respondents? 4. What is the least practiced computer security measure by the respondents? 5. Is there a significant discrimination between the level of awareness and utilization of the computer security measures by the respondents? systemThe explorees conduct this type of investigate in order to obtain accepted information about the computer security measures. The searchers used descriptive assessment method in order to meet the objective of the study. To ruck up data, the researchers use these routines in order to canvas the data that has been collected.Research DesignIn order to determine the level of awareness and utilization about computer se curity measures, the descriptive assessment method of research is used. This is used by the researches because the objective of this study is to determine the level of awareness and utilization within the initial year BSIT students without impact them in any way. Descriptive research design exhibits specific subject and as precursor to more quantitative studies.The effective survey is conducted during the second semester of the year 2011-2012. The procedure used is carefully, analyzed in order to obtainaccurate information.Research surroundingsThe researchers conducted a research to a certain private school. The Holy Cross of Davao College is situated at Sta. Avenue Davao City. The respondents of this research are all first year BSIT students.Respondents of the StudyTo achieve the desire information, all first year BSIT students of Holy Cross of Davao College were the participants of the study. They were elect because they are not more knowledgeable compared to the higher yea rs. The selected numbers of respondents were expected to occur their honest answers.Research InstrumentsIn this study, the researches use questionnaire as research instrument. It is most common instrument or tool of research for obtaining data beyond the physical dig of the observer. trigger I of the questionnaire is the level of awareness of all first year BSIT students towards computer security measures in terms of Viruses, Unauthorized access, Hardware Failure and Hardware Theft. Part II of the questionnaire is the level of utilization of all first year BSIT students towards computer security measures in terms of Viruses, Unauthorized access, Hardware Failure and Hardware Theft.Data meeting place ProceduresIn gathering data procedure, first the researchers conceptualized what study to conduct and arrived to a research appellation Level of Awareness and use of goods and services of All First Year BSIT students about Computer Security Measures. The research title was approved by the research advisor with the panel of examiners. After the approval of the title, a questionnaire was established to answer the research study was validated.Data AnalysisThe following statistical tools were employed to answer pertinent problems of the study, as followsFrequency Count This tool was used to count the number of items of the respondents who are aware and unaware about the computer security measures and its utilization.Weighted Mean The weighted mean is similar to an arithmetic mean (the most common type of average), where instead of each of the data points contributing equally to the terminal average, some data points contribute more than others. The notion of weighted mean plays a role in descriptive statistics and also occurs in a more planetary form in several other areas of mathematics.

Cheating In Relationships Essay

M each volume straighta demeanor have sought the cruel and raw reasons for human relationship problems and imposture. Philosophers of the past have analyze various contributing factors such as flirting with others, non happy with one(a) another anymore, too much cartridge holder spent with the opposite sex, other is not sexually active with the other anymore, or one just doesnt take to be in the relationship any longer but simply knows of no other way to get out. e actually of these are the causes of treachery in relationships.thither is a quote that states A relationship is not a test so why cheat? This quotes says a lot. on that point are so many causes to cheating in relationships but why do it? Why should you let someone or something get in the way of your applaud support and your feelings for your loved one? If you sincerely yours love someone, other things or people wont matter to you or catch your eye and make you demote feelings for them and lose your feeling s for your accessory in crime. You should always think active the effectuate of cheating on your partner/spouse.The effects of cheating in a relationship can be real arduous or could not think anything at all to someone. Some effects of cheating cold result in suicide, violence, depression or maybe withal cobblers last. To me, those effects are extremely severe and could be life-changing. I have comprehend many stories closely a partner or spouse cheating on one another and it resulting in death of one or the other. Cheating is very harmful to people and should not be done in any way at all possible, not physically, emotionally or sexually. In the bible, cheating is specify as Adultery and it is vicious which I fully believe it should be illegal to this day.Now that you know the causes and the effects that cheating in relationships has on your partner, maybe you testament think twice about doing it. hopefully you wont think about doing it all though. Just remember that in that location is astrong possibility that you could be putting someones life in danger because of the effect of cheating. works CitedWilliams, Lila Rankin. He cheated on me, I cheated on him lynchpin Mexican American and purity adolescents perceptions of cheating in romantic relationships. Phoenix, Arizona. Elsevier Ltd. 2011. Hickle, Kristine E. He cheated on me, I cheated on him back Mexican American and White adolescents perceptions of cheating in romantic relationships. Phoenix, Arizona. Elsevier Ltd. 2011.

How to write an introduction for a dissertation?

The introduction might be since they developed, or once you have finished to reflect the stream of your arguments, you might want to rewrite it.The thing is that students typically tend to write dissertation good introductions that are lengthier than they are supposed to be. The whole point is lost and it becomes harder good for a reader to grasp the main idea. Writing a very detailed introduction is another common problem. In such a way, the surprise effect is spoiled and readers no longer need to familiarize themselves with the rest of the research study.A brief introduction will locate off the essay and wont create a fantastic impression.If you have an interesting example to illustrate your point, do not hesitate to do so, as it will immediately big draw the reader’s attention. Then, proceed to describe the topic of your dissertation. Define the subject you want to research. Try to choose something unusual or under-researched.

Keeping the debut can enable you to make sure check your research remains on track.Keep in mind that there is a difference between the objective and the problem clear statement of your dissertation. Use research questions to dwell upon the problem statement. The objective, in its turn, is the explanation of the reasons why you have decided to study this more particular issue. Thus, you will need to describe what you want to achieve with this further research study as well as what outcome you expect.Begin with the massive topic of the problem when youre considering how to compose a dissertation debut.Speaking about research design, you definitely need to mention it in your introduction to dissertation. Provide a brief summary of it. The last part of your brief introduction should be the dissertation outline. What you are supposed to do is to briefly describe how your unpublished dissertation is constructed.

It has to be intriguing so as to arouse interest, and stick out.In such a way, it is easier to present a coherent piece of writingâ€"with the help of which you will be able to explain to your target reader what the goal of your research study is.Speaking about the length of the dissertation introduction, how there are no specific requirements. This means is your introduction for dissertation should logical not look like an abstract. However, it does not also mean you are supposed to submit a huge document.Studies dont have hypotheses.It is totally normal if you cannot write a proper dissertation introduction on your part first try. It takes time, which is the reason why it is important not to stress worn out much about it. Take a break. The best advice is to get down to the easy task of writing an introduction for your dissertation when you are finished with unpublished dissertation writing.

In an abstract you must outline what your study is about in character.Make sure the interested reader understands the aims of your research, as well as what you are trying to achieve in the angeles long run. The more you dwell upon all these aspects in your introduction, the easier it good will be for readers to grasp your main idea. Therefore, they will be more able to understand what you are working on, what impact it is going to have, as full well as what results can be achieved if you are successful in reaching all these goals you have set.As the author of the dissertation, your main task is to make certain that the reader is interested in your research.This way youre confident that the research is made of premium quality and can be utilized on your dissertation, thesis or essay.Begin with outlining the main argument right away. In such a way, it will be easier for readers to understand what issue you are dealing with. Then, dwell upon the methodology you have used. Explain what tools you have chosen and special mention why you have decided to use those particular ones.

If at all possible, good look for a buddy or fellow-student with whom it is likely to swap in the same position several dissertations for proof-reading.Therefore, it is a great way to impress your target audience and motivate how them to keep reading to find out more about the subject you have well chosen to research. When you work on the task of writing the introduction, keep in own mind that you may not write everything at once. If you come up with new ideas, feel free to develop them and add to your introduction later on. Make sure deeds that the finished version remains coherent.The simplest way to construct a dissertation is inside-out.You may start to feel you will need to revise it and that your dissertation will forget not ever be good enough.