Good News Club v. Milford Central School (1998)

Can the government make public facilities available for non-religious groups while excluding religious groups - or at least those religious groups which want to use the facilities to evangelize, especially among young children? Fast Facts: Good News Club v. Milford Central School Case Argued: February 28, 2001Decision Issued:Â  June 11, 2001Petitioner: Good News ClubRespondent:Â   Milford Central SchoolKey Question: By excluding the Good News Club from meeting after hours at the school, did Milford Central School violate the First Amendment right to free speech, and if a violation did occur, was it justified by the district’s concern the Clubs activities might violate the Establishment Clause?Majority Decision: Justices Thomas, Rehnquist, Kennedy, Breyer, Scalia, and O’ConnorDissenting: Justices Stevens, Souter, and GinsburgRuling: The school district’s restriction did violate the Clubs free speech rights, and that no Establishment Clause concerns could justify such a violation. Background Information In August of 1992, the Milford Central School District adopted a policy allowing district residents to use school facilities for holding social, civic and recreational meetings and entertainment events and other uses pertaining to the welfare of the community, provided that such uses shall be nonexclusive and shall be open to the general public, and otherwise conformed to state laws. The policy expressly prohibited the use of school facilities for religious purposes and required that applicants certify that their proposed use complies with the policy: School premises shall not be used by any individual or organization for religious purposes. Those individuals and/or organizations wishing to use school facilities and/or grounds under this policy shall indicate on a Certificate Regarding Use of School Premises form provided by the District that any intended use of school premises is in accordance with this policy. The Good News Club is a community-based Christian youth organization open to children between the ages of six and twelve. The purported purpose of the Club is to instruct children in moral values from a Christian perspective. It is affiliated with an organization known as Child Evangelism Fellowship, which is dedicated to converting even the youngest children to their brand of conservative Christianity. The local Good News chapter in Milford requested use of school facilities for meetings, but was denied. After they appealed and requested a review, Superintendent McGruder and counsel determined that... ...the kinds of activities proposed to be engaged in by the Good News Club are not a discussion of secular subjects such as child rearing, development of character and development of morals from a religious perspective, but were in fact the equivalent of religious instruction itself. Court Decision The Second District Court upheld the schools refusal to allow the club to meet. The Good News Clubs sole argument was that the First Amendment dictates that the Club cannot constitutionally be excluded from use of the Milford Central School facilities. The Court, however, found in both law and precedence that restrictions on speech in a limited public forum will withstand First Amendment challenge if they are reasonable and viewpoint neutral. According to the Club, it was unreasonable for the school to argue that anyone might be confused to think that their presence and mission were endorsed by the school itself, but the Court rejected this argument, stating: In Bronx Household of Faith, we stated that it is a proper state function to decide the extent to which church and school should be separated in the context of the use of school premises. ...The activities of the Club clearly and intentionally communicate Christian beliefs by teaching and by prayer, and we think it eminently reasonable that the Milford school would not want to communicate to students of other faiths that they were less welcome than students who adhere to the Clubs teachings. This is especially so in view of the fact that those who attend the school are young and impressionable. As to the question of viewpoint neutrality, the Court rejected the argument that the Club was simply presenting moral instruction from a Christian viewpoint and that it should therefore be treated like others clubs which present moral instruction from other viewpoints. The Club offered examples of such organizations which are allowed to meet: Boy Scouts, Girl Scouts, and 4-H, but the Court did not agree that the groups were sufficiently similar. According to the Courts judgement, the activities of the Good News Club did not involve merely a religious perspective on the secular subject of morality. Instead, the Club meetings offered children an opportunity to pray with adults, to recite biblical verse, and to declare themselves saved. The Club argued that these practices were necessary because its viewpoint is that a relationship with God is necessary to make moral values meaningful. But, even if this were accepted, it was clear from the conduct of the meetings that the Good News Club went far beyond merely stating its viewpoint. On the contrary, the Club focused on teaching children how to cultivate their relationship with God through Jesus Christ: Under even the most restrictive and archaic definitions of religion, such subject matter is quintessentially religious. The Supreme Court reversed the above decision, finding that by allowing any other groups to meet at the same time, the school created a limited public forum. Because of this, the school is not permitted to exclude certain groups based upon their content or viewpoints: When Milford denied the Good News Club access to the schools limited public forum on the ground that the club was religious in nature, it discriminated against the club because of its religious viewpoint in violation of the free-speech clause of the First Amendment. Significance The Supreme Courts decision in this case ensured that when a school opens its doors to student and community groups, those doors must remain open even when those groups are religious in nature and that the government will not discriminate against religion. However, the Court provided no guidance to help school administrators in ensuring that students do not feel pressured to join religious groups and that students do not get the impression that religious groups are somehow endorsed by the state. The schools original decision to ask such a group to meet later seems, in light of that genuine interest, a reasonable precaution.

Violence, Terrorism, And Violence Essay - 1439 Words

There is something to marvel at the fact humans have the potential to hold the greatest amounts of compassion and peace, but yet also hold unimaginable amounts of violence. We are weary of the genre of violence as explored through war, terrorism, and torture. A new phenomenon we are in the midst of is the violence portrayed in new media, such as movies, television, and social media. This recent portrayal of violence in our society has led to drastic increases in exposure deeming such violence as normal. I will be exploring the genre of violence in regards to such over-exposure through the analysis of generic application. Recently, marketing strategies have taken to this trend to promote their products. An advertisement for the transportation company Careem, of a human slingshot gone wrong, demonstrates the problematic link between society and a de-sensitization to violence, which builds an escalation of violence into the everyday consumer culture. Violence and aggression are commonly accepted behavior today. Violence is categorized as an action or emotion that is layered with an unpleasant or destructive force. As stated, there are various ways in which violence can be portrayed. In recent times, much of the violence society is exposed to comes from new media. This can be seen in almost all aspects: news, television, movies, social media, video games, the internet, marketing, and much more. With this over exposure comes a desensitization that cannot be ignored. The text IShow MoreRelatedTerrorism Is A Threat Of Violence926 Words   |  4 PagesIn today’s society, the idea of terrorism is as prominent as ever, with reminders of it existing in our everyday lives. Social media is plastered with â€Å"pro-American† and â€Å"anti-Islam† propaganda, by people who haven’t the slightest clue what they’re talking about. 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While much of the spread of disease has been reduced since the Black Death, much bloodshed still comes from the interaction of cultures, possibly from physical contact without intellectual or rational interaction and

Australian Accounting Standards Board

Questions: 1. The value of the write off for the Allowance for Doubtful Debts is inadequate .Management are unwilling to adjust it although the amount leads to a material misstatement of Accounts Receivable.2.A retailer provides a valuation for inventory at sales price less an allowance for sales margin.3.The Block company has just been advised that its main customer who purchases 45% of its stock has just gone into liquidation.Due to the specific nature of its products Block company is unlikely to find another customer of this size.Block has been starting to have difficulties in making sufficient sales to continue operating.4.The Croucher company has been valuing its buildings using the fair value method .Its buildings are currently shown in the balance sheet at their current market value of 18.5 million. The buildings had originally cost 12 million.5.The Kaycee company values its inventory at LIFO and is unwilling to change it to FIFO as required by the Australian accounting standards.The amo unt of the misstatement is known and is limited to its effect on the inventory .6.The Genome company has prepared its financial statements but has left out details of its related party disclosures due to privacy issues.This information is required to be included under the Australian accounting standards and while the effects are material they are able to be calculated. Answers: 1. According to Australian Accounting Standards Board, AASB 108, provision for bad debts is an estimate made by the company and any changes in such estimates do not result in prior period items or correction of errors. Such change shall be recognised prospectively by the company in the period of change and in such other periods, which are materially affected. It implies there should not be any retrospective amendments. In case of material misstatements, the auditor should revise the audit planning and perform additional procedures. The auditor should further communicate with the appropriate level of management and ask them to adjust. If the management adjusts, then ok else issue a qualified or adverse opinion in the audit report. 2. According to Australian Accounting Standards Board, AASB 102, inventory should be valued at cost or net realisable value, whichever is lower. In the given case, the retailer values inventory at sales less sales margin, which is Incorrect. Hence, the auditor should ask the management to adjust such discrepancy, else issue a qualified or adverse audit opinion. 3. The auditor should carefully analyse the impact of the main customer, as his impact on the business of The Block Company is material as he purchases 45% of the stock of the company. The auditor should consider it as a material effect and make adequate disclosures about the same in his audit report. 4. According to Australian Accounting Standards Board, AASB 116, any property, plant or equipment, from which any economic future benefits are derived shall be measured and recognised at cost only. In the given case, the buildings would be valued and shown in balance sheet at the cost only, i.e. at $ 12 million. Hence, the auditor should ask the management to adjust such discrepancy, else issue a qualified or adverse audit opinion 5. According to Australian Accounting Standards Board, AASB 102, the inventories should be valued according to the First in first out method (FIFO) or the weighted average formula. Since the company refuses to change its cost formula to FIFO, as an auditor, you can give a qualified or adverse audit opinion. 6. According to Australian laws, the management of the company is responsible for the identification, disclosure and accounting of the related party transactions. If the auditor find that such related party disclosures are not being made, then, he should decide whether the financial statements of the company are misleading due to the above effects and if yes, then communicate it with those charged with governance and reflect in the audit report as qualified/ adverse opinion.

Renaissance versus Baroque

Renaissance, also known as â€Å"Rebirth†, is considered as the start of modern history during the 14th century. The Renaissance was first experienced in Italy and then adopted by the rest of Europe. After the Renaissance ended in 1600, the Baroque period was experienced from 1600 to 1800.Advertising We will write a custom essay sample on Renaissance versus Baroque specifically for you for only $16.05 $11/page Learn More Both periods employed polyphony and used same instruments in compositions. The differences experienced in the Renaissance period were still common in the Baroque period but in regards to factors such as, texture, medium, and genres (LiveReal, 2005). This paper focuses on the various techniques of art that were portrayed by these eras. Baroque period was highly influenced by the Roman Catholic Church. The church was against secular art hence it was in support of art that was based on religion when many artists wanted to present art of reality by exhibiting events as they were instead of sticking to the elements of art and design. The major characteristics of baroque art included dynamic mobility in art as well as clear emotion. This means that the theme of art was very clear for everyone to understand the meaning behind any given work. The Catholic Church preferred to use this art to draw more people to the church. Perhaps, the church knew that people are most likely to visit a place where they are entertained. The Catholic Church intended to use baroque to fight the activists who led to the split the Roman Catholic Church but it was not easy because the reformers also incorporated baroque art when they felt it was necessary. In this era artists did not rely so much on the elements of design while adding features such as shadows and contrasts in their images. Before this period, contrast and shadowing was artificial because it was generated by blending various colors. In baroque era, the artists worked on the ir art in open places such as gardens where the sunlight struck the surfaces of their works and thus the shadows that they portrayed were real as opposed to previous eras where artists worked indoors and thus the aspects of art were based on assumptions. The paintings that were done in baroque presented a lot of mobility in them because the subjects were accorded some gestures, unlike in renaissance where the images were stiff. The era of baroque was an outcome of the struggle of the artists who denied a chance to exhibit their talents in the renaissance period. In fact baroque was started by the artists whose work was rejected at the exhibitions of art (Fitzpatrick, 2005). The rebels who had split from the Roman Catholic Church did not apply religious themes in their works unlike their counterparts who supported the use of religious themes in art. Baroque was not only used in painting alone in other areas as well. For instance, baroque was employed in architecture.Advertising Looking for essay on art? Let's see if we can help you! Get your first paper with 15% OFF Learn More If you look at the chapel of St Theresa in Ecstasy which was built in 1645 you will notice that its designer Bernini (1598-1680) employed a lot of baroque style on this building. This includes the modification on the structure of the Catholic Church building. Fitzpatrick (2005) argues that the buildings were meant to be appealing hence people used to be amazed by their elegance. Baroque period certainly had the most creative artists in all fields. In theatre the baroque style played a very important role because it led to the introduction of multimedia technology based on baroque style. This meant that the scenes of a play could be changed instantly. The changing of scenes is important because it helps people to notice how the events in a play unfold unlike when the scene remains constant. Monteverdi’s Orpheus is a good example of plays that applied baroque style. The sculptors also embraced this style in their work and they did this by making sculptures that could be viewed from various perspectives. The sculptures had integrated lighting which means that the lights were fixed on their surface. They also had water fountains and thus they were used in palaces to add beauty. In this regard, renaissance in art is a period that started from 1400 and ended in 1600 to pave way for baroque style. According to Nash (2008), in renaissance the artists were very conservative because most of their work was based on religion. The major achievement of this period is the emergence of oil paints. During this era artists brought back the ancient styles of art that had been forgotten due to the rise of new styles. The renaissance commenced in Italy and northern Europe. The changes were the results of political stability and economy. People’s way of life changed and as well as art. The works in art were limited to religion but later on artists begun to dra w paintings of nude people which were rejected by the church. Despite of this, artists who did not have an opportunity to display their art came together and established their own exhibitions that comprised of rejected works. There are artists who remained dormant to an extent that they combined new and old techniques in their art. When renaissance begun in Italy the artists shifted their emphasis to the form of human body unlike their counterparts in northern Europe who paid more attention to the surfaces of their works. The European artists were also concentrating on lighting and symbolism. This means that their paintings had an underlying meaning. Among the new aspects that were reborn include perspective which refers to the various points from which an image can be observed. The artists of renaissance merged the shadows of their paintings to create intensity in their works. Leonardo da Vinci’s Mona Lisa (1503-1506) provides the best impression of renaissance in art. Contr ast was created by merging multiple bright colors.Advertising We will write a custom essay sample on Renaissance versus Baroque specifically for you for only $16.05 $11/page Learn More The artists who existed during renaissance used to travel frequently and that’s how they managed to come up with creative ideas that were influenced by what they had seen in other places. The church motivated the artists by sourcing artwork from artists. It seems the church dominated the art market because most of the artworks were of religious nature. Renaissance was further enhanced by the invention of the printing press. The emergence of printing press meant that people could share ideas and reserve them in books. It is not art only that was affected by renaissance but the religion too was evolved. The Roman Catholic Church was split into two which led to the formation of the Protestants wing. The rebels were against the oppressive teachings of the Roman Catholi c which they perceived to be enslaving them. They thought that they understood the teachings of the Bible after it was printed in their respective native languages. In renaissance the financing of the art also shifted from being funded by a royal family to being funded by the church. The Roman Catholic had a passion for art and that’s why they did not consider the expenses that they were incurring on art works. In the final end there was a competition among churches based on art. This means that art had ceased from being a form of entertainment and communication and become a symbol of wealth. This is because some paintings and buildings took long timeframes for the artworks to be completed. In conclusion, renaissance and baroque came as a result of enlightenment among artists. We can also say that the artists were very creative and paid attention to detail. If this was not true the various new aspects of art would not have been realized if the artists did not consider doing t hings in diverse ways as opposed to their predecessors. The church was involved actively in both periods. Moreover, in the two periods there are reforms which are directed towards art. Therefore, the eras were not only concerned with studying classical text, but also influenced painting, carving, and architecture. Paintings and sculptures sought new ideas to standard and visual problems which incorporated arithmetic and linear perspective in the work of art. Reference Fitzpatrick, A. (2005).The Baroque Period. Minnesota Creative Company. LiveReal. (2005) Renaissance and Baroque Europe. Web.Advertising Looking for essay on art? Let's see if we can help you! Get your first paper with 15% OFF Learn More Nash, S. (2008).Northern Renaissance Art. New York: Oxford University Press. This essay on Renaissance versus Baroque was written and submitted by user Ulik to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Computers Development Essays - Computer, Analog Computer, Modem

Computers Development A Computer is an electronic device that can receive a set of instructions, or program, and then carry out this program by performing calculations on numerical data or by compiling and correlating other forms of information. The modern world of high technology could not have come about except for the development of the computer. Different types and sizes of computers find uses throughout society in the storage and handling of data, from secret governmental files to banking transactions to private household accounts. Computers have opened up a new era in manufacturing through the techniques of automation, and they have enhanced modern communication systems. They are essential tools in almost every field of research and applied technology, from constructing models of the universe to producing tomorrow's weather reports, and their use has in itself opened up new areas of conjecture. Database services and computer networks make available a great variety of information sources. The same advanced techniques also make possible invasions of privacy and of restricted information sources, but computer crime has become one of the many risks that society must face if it would enjoy the benefits of modern technology. (Gulliver 12-15) Imagine a world without computers. That would mean no proper means of communicating, no Internet, no video games. Life would be extremely difficult. Adults would have to store all their office work paper and therefore take up an entire room. Teenagers would have to submit course-works and projects hand-written. All graphs and diagrams would have to be drawn neatly and carefully. Youngsters would never have heard of 'video-games' and will have to spend their free time either reading or playing outside with friends. But thanks to British mathematicians, Augusta Ada Byron and Charles Babbage, our lives are made a lot easier. (Malone 5-6) There are two main types of computers that are in use today, analog and digital computers, although the term computer is often used to mean only the digital type. Analog computers exploit the mathematical similarity between physical interrelationships in certain problems, and employ electronic or hydraulic circuits to simulate the physical problem. Digital computers solve problems by performing sums and by dealing with each number digit by digit. (Cringley 28-30) Hybrid computers are those that contain elements of both analog and digital computers. They are usually used for problems in which large numbers of complex equations, known as time integrals, are to be computed. Data in analog form can also be fed into a digital computer by means of an analog- to-digital converter, and the same is true of the reverse situation. (Cringley 31-32) The French philosopher Blaise Pascal devised the first adding machine, a precursor of the digital computer, in 1642. This device employed a series of ten-toothed wheels, each tooth representing a digit from 0 to 9. The wheels were connected so that numbers could be added to each other by advancing the wheels by a correct number of teeth. In the 1670s the German philosopher and mathematician Gottfried Wilhelm von Leibniz improved on this machine by devising one that could also multiply. The French inventor Joseph Marie Jacquard, in designing an automatic loom, used thin, perforated wooden boards to control the weaving of complicated designs. During the 1880s the American statistician Herman Hollerith conceived the idea of using perforated cards, similar to Jacquard's boards, for processing data. Employing a system that passed punched cards over electrical contacts, he was able to compile statistical information for the 1890 U.S. census. (Hazewindus 44-48) Also in the 19th century, the British mathematician and inventor Charles Babbage worked out the principles of the modern digital computer. He conceived a number of machines, such as the Difference Engine, that were designed to handle complicated mathematical problems. Many historians consider Babbage and his associate, the British mathematician Augusta Ada Byron (Lady Lovelace, 1815-52), the daughter of the English poet Lord Byron, the true inventors of the modern digital computer. The technology of their time was not capable of translating their sound concepts into practice; but one of their inventions, the Analytical Engine, had many features of a modern computer. It had an input stream in the form of a deck of punched cards, a "store" for saving data, a "mill" for arithmetic operations, and a printer that made a permanent record. (Hazewindus 56-58) Late in the 1960s the integrated circuit, or IC, was introduced, making it possible for many transistors to be fabricated on one silicon substrate, with inter- connecting wires plated in place. The IC resulted in a further reduction in price, size, and failure rate. The microprocessor became

Free Essays on Panic Attacks

Panic Attacks It rises, seemingly, out of nowhere. It is sudden, yet discrete... an intense feeling of terror. You cannot breathe, and are nearly unable to stand as you tremble with chills. Most frighteningly, your heart races, it seems that it will explode from your chest. Before you know it, though... this attack has vanished... leaving you only with the fear that you will soon be struck with another. This, contrary to what you may believe is not a heart attack, nor are you losing your mind. You have been hit by a panic attack. Frightening as this is, it is not uncommon. Ten percent of the American population will, at one time in their lives, experience a panic attack. (1). One in every 75 Americans will be afflicted with Panic Disorder in their lifetimes. (3). When you are faced with more stress than you know how to deal with, your body becomes aroused because it is being bombarded with anxiety producing stimuli. Your body is, in essence, preparing to protect itself against sudden danger, making you physically ready to react by either fighting the stressor, or fleeing from it. The brain releases powerful hormones that constrict the blood vessels in the peripheral parts of the body in order to force blood into the brain and deeper into the large muscles for added strength. In turn, your heart pounds, digestive system shuts down, breathing increases, and muscles tighten. (5). This rush of changes in your body is the cause of the intense physical discomfort experienced during a panic attack. The criteria for a panic attack is specific, to discern an attack from general affects of fear or stress. When under attack, you experience some of the following symptoms all within a very short period of time, and without warning or apparent reason. Generally, the level of fear is drastically out of proportion to the situation, or even unrelated. Panic attacks can even occur in your sleep. (3). You may experience heart palpitations, sweatin... Free Essays on Panic Attacks Free Essays on Panic Attacks Panic Attacks There are many opinions and theries concerning anxiety and panic attacks. Some believe panic attacks are caused by a person's inability to live the life they dream of, while others believe they are caused by deep rooted fear based memories that we don't want to deal with. There are as many opinions as there are "experts". I believe the true experts are the people who experience this dread called panic attacks. Everyone experiences some form of anxiety in their life, however, not everyone experiences this intense feeling of a life threating anxiety called panic attacks. In the Oxford Dictionary of Psychology, panic attacks are described as a period during which there is a sudden onset of intense terror, fear, or apprehension, accompanied by signs and symptoms such as a feeling of impending doom, a fear of going insane, shortness of breath, a choking sensation, increased heart rate and palpitations, chest pain or discomfort, dizziness, trembling, sweating, and nauseas. This description is right on target because it includes most if not all the symptoms that people have described to their doctors over the years. I chose this topic because I have first hand experience of panic attacks which are for the most part under control. I have also had family and friends that have suffered with them for years, so I can vouch for the Oxford definition. Robert Gerzon, author of " Finding Serenity in the age of anxiety". claims that we all should be anxious because it is a good thing. Gerzon feels that the problem is not anxiety, but that we're just not anxious about the right things. For example, we are anxious about finding a parking space but not that anxious about finding solutions for social injustice. This is among the more radical viewpoints. A more mainstream viewpoint is that of Joseph LeDoux. In hi... Free Essays on Panic Attacks Panic Attacks It rises, seemingly, out of nowhere. It is sudden, yet discrete... an intense feeling of terror. You cannot breathe, and are nearly unable to stand as you tremble with chills. Most frighteningly, your heart races, it seems that it will explode from your chest. Before you know it, though... this attack has vanished... leaving you only with the fear that you will soon be struck with another. This, contrary to what you may believe is not a heart attack, nor are you losing your mind. You have been hit by a panic attack. Frightening as this is, it is not uncommon. Ten percent of the American population will, at one time in their lives, experience a panic attack. (1). One in every 75 Americans will be afflicted with Panic Disorder in their lifetimes. (3). When you are faced with more stress than you know how to deal with, your body becomes aroused because it is being bombarded with anxiety producing stimuli. Your body is, in essence, preparing to protect itself against sudden danger, making you physically ready to react by either fighting the stressor, or fleeing from it. The brain releases powerful hormones that constrict the blood vessels in the peripheral parts of the body in order to force blood into the brain and deeper into the large muscles for added strength. In turn, your heart pounds, digestive system shuts down, breathing increases, and muscles tighten. (5). This rush of changes in your body is the cause of the intense physical discomfort experienced during a panic attack. The criteria for a panic attack is specific, to discern an attack from general affects of fear or stress. When under attack, you experience some of the following symptoms all within a very short period of time, and without warning or apparent reason. Generally, the level of fear is drastically out of proportion to the situation, or even unrelated. Panic attacks can even occur in your sleep. (3). You may experience heart palpitations, sweatin...

Is Motivation Significant To Effective Workplace Management Essay

Is Motivation Significant To Effective Workplace Management - Essay Example An expectation is primarily concerned with promises to be fulfilled while a motive is an intention of acting in a certain way or doing something. Lastly, a drive is a push factor that pushes someone to act in a particular manner. All these factors play a pivotal role in motivating people hence effective managers must understand their employees and what motivates them. In order to understand what motivates an employee, the manager must find out what that employee’s needs are and what goals they have set for themselves. There are two distinct categories of theories of motivation and these are content and process theories. According to Finchman & Rhodes (25), content theories of motivation focus on what motivates an individual. They are typically concerned with determining the specific needs that motivate people. On the other hand, process theories attempt to describe and analyze how people are motivated, that is, how behavior is aroused, directed and sustained (Schultz, 54). Mas low’s hierarchy of needs is probably the most recognized theory of motivation. The hierarchy comprises of five levels of needs namely physiological, security, social, self-esteem and self-actualization needs (Schultz, 54). The seeds develop from the bottom to the top and in as far as organizational performance is concerned, there is the need for managers to identify the needs and goals of the employees in order to be better positioned to satisfy them. There are two assumptions underlying the needs theory.

Discussion 3 Assignment Example | Topics and Well Written Essays - 250 words - 4

Discussion 3 - Assignment Example There is an emphasis for interdisciplinary collaboration in healthcare provision and clarity of how concepts relate to nursing help DNP nurses to interact, meaningfully, in teams (Fitzpatrick & Kazer, 2009). Preventive care is a concept under the clinical problem of hypertension among African Americans. Base on population differences, preventive care denotes the measures that different populations such as African Americans and Hispanics do in order to stay free from diseases. In regards to cultural differences, preventive care means the things that different cultures prescribe for their adherents to prevent illnesses. In sociology, preventive care refers to upholding lifestyles that promote health such as eating a healthy diet and consulting with physicians (Wilson & Cooley, 2006). The social context definition of preventive care is the maintenance of behaviors that are supportive of good health. OT professional may define preventive care as the measures that help one prevent getting difficulty engaging in their everyday activities. On the other hand, a nurse may define preventive care as the care that incorporates public health services and other programs aimed at promoting good health in the general population (Neinstein,

Article Critique Essay Example | Topics and Well Written Essays - 500 words

Article Critique - Essay Example It is difficult to argue with the position Adler takes. Today’s media reports are filled with stories of children as both victims and authors of serious crimes. Both scenarios indicate that children are exposed to conduct that entirely adult in nature, with the result that the innocence of childhood is lost. Adler writes of the measures that parents and adults in general take to protect children from crime. These measures involve a stream of â€Å"hyper-vigilance† . (Adler) Fear of crimes against children are unrealistic given that there are diseases that claim the lives of children far more frequently than crimes. (Adler) This is perhaps the only point that Adler makes that invokes dissension. Fear of crime against children can never be underestimated. Children are vulnerable to crime and require adult protection and supervision. When a child is given free licence to traverse on his or her own, they are always potential victims. However, Adler is right in his observation that children have become hostages and imprisoned in their homes. There are parents who attach a leash to their children at the mall to guard against abductions. (Adler) Today’s adults have taken protection to the extreme. Children are cautioned to the point of exhaustion against the harm that can befall them. In one case, Adler notes that one family went beyond merely setting alarms in the cars and in their home. They have even fixed alarm systems on members of the family. (Adler) These kinds of measures cause undue fear and alarm for children and are entirely unnecessary. The best approach to guarding against the risk of harm is to ensure that small children are never left without adult supervision. There is no logical reason for raising the alarm with small children. Adult responsibility toward small children includes protecting them from

Evolution of Banking Law Practice

Evolution of Banking Law Practice The society has a general understanding on what a bank is, it is a concept engrained in most peoples mind involving an institution and money. This generally accepted perception simplifies the identification of a bank in the general population. The law, in different jurisdictions around the world has however failed to make substantive definitions of a bank. The difficulty arises due to the difficulty in distinguishing banks from other institutions undertaking financial practices. This ambiguity and the resulting disparity has resulted in different legislations defining a bank in their own context and meaning, the definition of a bank varies subject to the objectives and variations in different financial practices across different Jurisdictions. [1] Halsburys Laws of England defines a banker as: [2]a person or company carrying on the business of receiving moneys, and collecting drafts, for customers subject to the obligation of honouring cheques drawn upon them from time to time by the customers to the extent of the amounts available on their current accounts. The Supreme Court of the United States in the Austen[3] case defined a bank as: A bank is an institution, usually incorporated with power to issue its promissory notes intended to circulate as money (known as bank notes); or to receive the money of others on general deposit, to form a joint fund that shall be used by the institution, for its own benefit, for one or more of the purposes of making temporary loans and discounts; of dealing in notes, foreign and domestic bills of exchange, coin, bullion, credits, and the remission of money; or with both these powers, and with the privileges, in addition to these basic powers, of receiving special deposits and making collections for the holders of negotiable paper, if the institution sees fit to engage in such business. In the Uniform Commercial Code,[4]a bank is defined as a person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company. The Banking Act of Kenya 1991[5] Defines a Bank as; a company which carries on, or proposes to carry on, banking business in Kenya but does not include the Central Bank of Kenya. The definition is interesting. By excluding the Central Bank of Kenya 1984[6], it has given the CBK autonomy to be governed by the Central Bank of Kenya Act, the exemption aims to ease the objectives of the bank as the central regulating body in the country It further defines banking business as; the accepting from members of the public of money on deposit repayable on demand or at the expiry of a fixed period or after notice; the accepting from members of the public of money on current account and payment on and acceptance of cheques; and the employing of money held on deposit or on current account, or any part of the money, by lending, investment or in any other manner for the account and at the risk of the person so employing the money. It is apparent that there are similarities in the definition of a Bank and in commonwealth countries and other jurisdictions. Accepting of deposits, holing current accounts and the use of the depositors money for investment give a general and basic understanding of what a bank is. Under common law the earliest attempt to define a bank was made in the landmark case of United Dominion Trust v Kirkwood[7]. The case involved the defendant who was the managing director of a company that financed the purchase of cars through loans from the plaintiff. The defendants argued that the plaintiff was not registered under the Money lenders Act 1900 and 1927, and so were not entitled to recover the money or enforce the security of the loans. The plaintiffs claimed that as bankers they were exempted from the provisions of the money lenders Acts.The Main issue for determination was the status of UDT. Mocatta J held: Words banking and banker may bear different shades of meaning at different periods of history and their meaning may not be uniform today, in countries of different habits and of different degrees of civilisation This holding emphasizes that the definition of a bank is a matter of context. On appeal, Lord Denning[8] held in favour of the plaintiffs. He described a bank as; An establishment for the custody of money received from, or on behalf of, its customers. Its essential duty is to pay their drafts on it: its profits arise from the use of money left unemployed by them. Lord Denning defined the characteristics of a bank in accordance with the banking practices: They accept money from, and collect cheques for, their customers and place them to their credit, they honour cheques or orders drawn on them by their customers when presented to payment and debit customers accordingly, they keep current accounts or something of that nature, in their books in which the credit and debits are entered. These guidelines set out by Lord Denning made a profound effect in the banking industry that eventually became accepted principles under common law. It is important to note that banking practices have changed as they are not rigid, and constantly evolve with time and circumstances. The principles laid down by Lord Denning set a foundation for subsequent principles and legislation to be built on. In District Savings Bank Ltd ex parte coe[9]Turner LJ held that a savings bank was not considered to be carrying on a banking business as it did not operate current accounts albeit it provided some banking services. And as such its business differed from ordinary banking practices. In the Re Shields Estate[10],the court emphasized on the use of deposits by customers with the aim of making profit. The essence of trade, or business is not in not essential to be found in the mode of in which it disposes of the money which is deposited with it but by the means in which money belonging to others is received.[11] In the case of Bank of Chettinad Ltd of Colombo v inland Revenue Commissioners of Colombo[12]the privy council said that the test for determining whether a branch of a non-resident bank could itself be described as a bank was whether it: Carried on as its principal business the accepting of deposits of money on current accounts or otherwise, subject to withdrawal by cheque, draft or order. Under UK law, the ability to operate current accounts is essential. It is the material evidence of the link between the bank and a customer. It also forms the foundation basis of the relationship and defines the terms of conduct and practice. Current accounts are also a useful tool for taxation and accountability as they give a detailed record of an individuals financial status and transaction. Contrast can be observed between the definition of a bank under Section 2 of the Banking Act 2009 and the UCC[13], the UCC defines a bank asa person engaged in the business of banking, including a savings bank, savings and loan association, credit union, or trust company. The former defines a Bank as an institution which has permission under Part 4 of the Financial Services and Markets Act 2000 to carry on the regulated activity of accepting deposits (within the meaning of section 22 of that Act, taken with Schedule 2 and any order under section 22). It however lists exception: (a) a building society (within the meaning of section 119 of the Building Societies Act 1986), (b) a credit union within the meaning of section 31 of the Credit Unions Act 1979, or (c) any other class of institution excluded by an order made by the Treasury. A Credit Union is a bank in the United States, unlike in the UK where the Act expressly exempts it. This shows the difficulty in coming up with a uniform definition due to a difference in jurisdiction, policies, laws and banking practices. The sovereignty of country allows it to regulate its borders at its discretion making a unified definition almost impossible. To fully understand the issue, it is prudent to look at the historical approach to banking. The Money Lenders Act 1900 and 1927 provided exemptions to persons who undertook banking business under the Money Lenders Act. It gave ambiguous description of a bank or banker to be any: any person bonafide carrying on the business of Banking.[14]Section 2 of The Bills of Exchange Act 1882 provides the term bank to include: any Body of persons, whether incorporated or not, who carry out the business of Banking Section 2 of the Banking Act 2009 emphasizes on regulation of banking activities relating to accepting deposits (within the meaning of section 22 of that Act, taken with Schedule 2 and any order under section 22. [15]The statutory definition differs from the common school of thought by putting emphasis on a licenced institution. This shows regulation is an integral part in all jurisdictions in todays banking system. A bank as an institution enjoys, a degree protection from the law, section 4 of the Cheques Act 1957 absolves bankers from liability from the true owner when they carry out transactions for a customer who has a defective title. Section 80 of the Bills of Exchange Act 1882 protects the Bank in the event a crossed cheque drawn in good faith and without negligence is paid to the payee. This limited liability facilitates transactions, if banks were held liable for every defective transaction carried out in good faith then the banking business would come to a halt. In summary, a bank can therefore be defined as an institution licensed to collect deposit and perform financial transactions, including honouring cheques, running current accounts, and using deposits to make profit. Banking business The history of Banking business in the UK can be traced back to the 17th Century where Goldsmith bankers who begun to develop basic principles of banks as deposit takers and money-lenders.[16] Banking business is the regulated activities carried out by an institution. These activities have to be regulated in order to protect customers and the financial market. Banking practices are not constant, their definitions differ with time. Competition from other financial institutions has led to the expansion of the scope of banking activities beyond the core objectives of the bank due to the entrance of financial institutions into the market that was originally the preserve of banks.[17] Under common Law definition the courts have established three cardinal principles relating to banking business. Banking business Changes with time, varies with respect to jurisdiction; and Is influenced by public opinion[18].Banking business and practices evolve with time, subject to change in order to meet market requirements and customer demands. Banks must adapt and widen their scope in order to be profitable and stay relevant. In Banbury v Bank of Montreal[19] Lord Parker Held that offering financial advice was not within the scope of the bank at the time, and establishing whether giving financial advice on investments was part of banking business. This was however overruled by Salmon J[20] when he stated: The nature of such a business must in each case been matter of fact, and accordingly, cannot be treated as if it were a matter of pure law. What may have been true of the Bank of Montreal in 1918 is not necessarily true of martins Bank in 1958. In the event of establishment of a banker-client relationship, a duty of care is owed and as such offering financial advice was within the scope of banking business. With time, it was accepted that offering financial advice constituted part of banking business due to the duty of care that arises from the banker-client relationship.[21] With respect to jurisdiction it was held that a financial institution that is regarded as engaging in banking business in one jurisdiction is not necessarily so considered elsewhere.[22] , a financial institution that was recognized in another country did not meet the English requirements for a bank as it did not also carry out the requisite activities within the United Kingdom. According to Irish[23] and Australian[24] authority, an institution that accepts money on deposits from the public for the purpose of relending it carries on banking business, In the absence of current accounts and the chequing system. In contrast, running current accounts is an essential feature of banking business in the United Kingdom and other common law jurisdictions[25]. Reputation also has influenced determining an institutions status as a bank, an institution that is generally known as a bank will carry the assumption that it is engaged in banking business. In the case of United Dominion Trust v Kirkwood[26] although the evidence shown did not prove that UDT was operations were in the current banking practices, Harman L.J in his dissenting judgement stated that the evidence of its reputation of carrying on the business of banking in London was not sufficient. Lord Diplock and Lord Denning took a different policy based approach they held that a reasonably minded commercial mans perception and acknowledgement of an institutions banking practice is acceptable. Furthermore, if a city perceived an institution as a bank, it enjoyed certain privileges that came with the title The regulation of banking business has been a widely-accepted principle in most Jurisdictions. Historically there was little Legislative control of the banking sector in the UK, the substantive piece of legislation in place at the time was section 4 of the Banking Act 1946: Which gave the Bank authority in the interest of the public to acquire information and make recommendations to bankers and with the authorisation of the treasury give directions to bankers. This however changed with the enactment of the Banking Act 1979 and 1987, the new laws introduced regulation of deposit-taking institutions that had to obtain Authorization to Operate. The permission to operate regulated activities under Section 22 of the Financial Services and Markets Act 2000 is obtained through part IV of the Act. Section 3 of the Banking Act 1987 prohibited deposit taking by a business without express authorization from the Bank of England. This section is integral in the UK banking as it introduced an authoritative supervisory role over banks carrying out activities within the meaning of banking business. There was little[27] supervisory powers conferred on the Bank of England during this time and the bank justified the success of the London Banking business as a financial hub due to the freedom and flexibility provided in the UK banking sector[28] The Banking Act of 1987 was eventually repealed and the Financial Services and Markets Act 2000 through section 22 and Schedule two required institutions undertaking banking business, including deposit taking to obtain authorization beforehand. The First Banking directive by the EU under Article 3 provided that[29]:Member States shall require credit institutions subject to this Directive to obtain authorization before commencing their activities. This Directive influenced the enactment of the Banking Act 1979 and adoption of some of the restrictive measures under section 3 of the Act, these included the need for authorisation before accepting deposits from clients. The same applies in civil Jurisdictions, in Switzerland, Article 3 (1) of the Federal Act on Banks 1934 and Savings Banks of Switzerland states; Banks are required to obtain a licence from the Banking Commission prior to engaging in business operations; they may not register with the Register of Commerce before such licence has been granted. However, per Elinger,[30] entities in the United Kingdom do not require a license to engage in banking business. I disagree with this view as the Financial Services and Markets Act 2000 Lists regulated activities which constitute banking business in todays time. Entities that intend to carry out these activities must obtain permission beforehand. Permission is a license or liberty to do something synonymous to authorization[31]. It is an accepted practice in civil and common law jurisdictions for entities engaging in banking activities to obtain a licence from the relevant authority. The license is essential as it ensure banks operate in acceptable standards. Regulation protects both banker and customer interests. The protection gives depositors confidence to deposit their money for safe keeping and investments among other financial services. Regulation of banks in the UK has a come a long way and in the wake of the global financial crisis of 2007-2008.The Prudential Regulation Authority was established as part of the Bank of England through the Financial Services Act 2012 whose primary objective is promote the safety and soundness of the firms it protects.[32] The supervisory role has become a popular feature in most countries after the global financial crisis. Other countries such as the United States that are plagued with financial crisis adopted an independent supervisory approach to monitor its financial institutions. The Sarbanes-Oaxley Act 2002 was introduced in the wake of the Enron scandal. The Act introduced mandatory supervision by independent external auditors. Some scholars have argued that independent supervision is better as political factors and lobbyist cannot influence it. Others claim that the method is expensive and ineffective in third world countries.[33] Regulation and supervision is important as it creates a sense of stability and protects the banks and the depositors. The Global financial crisis of 2008 is a testament of what happens when banks overreach. Banker-Client Relationship The contractual relationship between bankers and customers is a complex one founded originally upon the customs and usages of bankers. The courts acknowledge these norms and as such they are recognized as implied conditions[34]. The relationship can arise out of implied or express conditions. Implied conditions are established through statutory and judicial instruments. Express conditions arise out of the law of contracts. As with Bank and Banking Business there is no definitive definition of the term customer. The Financial Services and Markets Act 2000[35] defines a customer in relation to an authorized person, means a person who is using, or who is or may be contemplating using, any of the services provided by the authorized person which is a bank within the meaning of the Act. The definition refers to a relationship arising out of services provided by a bank to its customer. This is a key component to its definition as it was described in the case of Commissioner of Taxation v. English, Scottish and Australian Bank Ltd.[36]A case involving the theft of a cheque payable to the Commissioner of Taxes, paid into an account with the defendants bank. Lord Dunedin[37] stated that the word customer signifies a relationship in which duration is not of the essence. A person whose money has been accepted by a bank on the footing that they undertake to honor cheques up to the amount standing is a customer of the bank irrespective of whether his connection is of short or long standing. The contract is not between a habituà © and a new comer, but between a person whom the bank performs a casual service, such as for instance, cashing a cheque for a person introduced by one of their customers, and a person who has an account of his own at the bank. The opening of an account expressly establishes a banker customer relationship. The transaction involves contractual obligations and as such governed by contract law. Like any other contract, specific conditions must be met for a contract to be valid, one of them being the willingness to enter a legally binding agreement. The question that rises is whether a banker customer relationship can be established through fraudulent means.   In the case of Marfani Co. Ltd v Midland Bank Ltd[38] the court of Appeal held that a relationship cannot arise if the account was opened by a fraudster who had no intention of getting into Banker-Customer relationship. In Stoney Stanton supplies (Coventry) Ltd v Midland Bank Ltd[39] In which a A forged the signature of B Ltds directors in order to open an account in the companys name, it was held that no banker customer-relationship existed between B Ltd and the bank[40]. Analysis of these findings from a contractual point of view shows that a relationship did not exist from the beginning, a contract is voidable if one of the parties does not intend to enter the agreement, or if it a misrepresentation occurred. In summation, the same principles that govern the validity of a contract apply to the establishment of a banker customer relationship through opening of an account. The landmark case that set the precedence in the nature of a banker customer relationship is Folley v Hill Others[41]. Where a customer opened an account, and deposited 6,117 pounds with an agreement that it would attract an annual interest. After 3 years, no interest was credited and the customer brought an action against the bank to recover all sums owed to him on the grounds that he was either a beneficiary of a trust or the banks principal. The house of Lords refuted this claim and stated that the relationship that arises out of this transaction, is one of a debtor-creditor relationship with an added obligation to repay the money upon demand, and the best course of action would be to instate debt recovery proceedings under common law. Lord Cottenham said;[42] The money paid into the bankers, is money known by the principal to be placed there for the purpose of being under the control of the banker; it is then the bankers money; he is known to deal with it as his own; he makes what profit he can, which profit he retains to himself. He went on to say that the bank had to repay to the principal, when demanded, a sum equivalent to that paid into his hands. Several important factors can be discerned from this judgement. Firstly, there is a shift of possession when money is deposited to the banker in a current account. The customer lends a certain amount of funds to the banker, that is to be refunded upon demand. The banker can then use the money in whatever means and has no obligation to account for his transactions. Secondly the nature of the relationship differs with different circumstances As Lord Brougham took this into account and stated:[43] It is a totally different thing if we are to take into consideration certain acts that are often performed by a banker, and which put him in a totally different capacity, for he may, in addition to his position of banker, make himself an agent or a trustee towards a cestui que trust. In todays banking practices the scope of the banking business has widened with time. Customers deposit valuable items for safe keeping with banks, a bailment relationship arises where the bank is a bailer and the customer is a bailee, in this situation, a banker has no authority to use the items kept in his care for his own use. This situation can be contrasted with the debtor-creditor relationship discussed above, there is fundamental difference in circumstances. Another example is with standing orders, when a customer instructs his bank to make payments to a third party, an agency relationship arises with the client as the principal and the banker as the agent. The Banker Customer relationship gives rise to fiduciary duties. Fiduciary relationships arise when a party places trust in and relies on the other because he or she is reasonably entitled to do so in the circumstances, or because the reliant party is in a position of vulnerability, subordination or information inequality.[44] This vulnerability Gives rise to the duty of Loyalty. A customer expects a bank to prioritize their interests and avoid situations that invite a conflict of interest. As the saying goes, a customer always comes first. This happened in Woods v Martins Bank Limited[45] where the bank advised one of its clients to invest in one of the banks customers facing financial difficulties. The bank may have unconscionably shifted a bad risk from itself to the customer who provided the security or guarantee[46] In Bristol v West Building Society v Mothew[47] a case that involved a solicitor who represented the building society and the borrower and failed to inform the building society that the borrower had secured a second mortgage on the property. Millet LJ defined the nature and role of a fiduciary by stating[48] A fiduciary is someone who has undertaken to act on or on behalf of another in a particular matter in circumstances which give rise to a relationship of trust and confidence. The distinguishing obligation of a fiduciary is the obligation of loyalty. .A fiduciary must act in good faith; he must not make profit out of his trust; he may not act for his own benefit or the benefit of a third person without the informed consent of his principal. This definition is concise and touches on the defining characteristics of a fiduciary relationship. A bank must exercise his activities on behalf of the customer in good faith with the clients best interest. This obligation under common law is intended to protect customers who are not cognisant with banking transactions and investments. In the absence of it, customers would be prone to manipulation. In the event of a breach of a fiduciary duty, a customer may claim a breach of duty of care. Such an implication can arise either at common law or by virtue section 13 of the Supply of Goods and services Act 1982 which states that within the ordinary course of business the supplier will carry out the service with reasonable care and skill.[49] The confidential nature of a Banker-Client relationship is a traditionally known concept. The same is seen today in caveats in correspondence between Banks and Clients. In Tournier v.National Provincial and Union Bank of England,[50]a bank manager disclosed the gambling habits of one of its clients to his employers that eventually led to the termination of his employment. The Plaintiff brought an action for breach of the duty confidentiality. The court held that the bank owes a duty of secrecy to the customer. Atkin LJ particularly said the duty of secrecy must extend to at least to all the transactions that go through the account and that duty extended beyond the period when an account was closed or ceases to be an active account. This duty however comes into conflict with the duty to disclose to the public. The banks have a duty to disclose information on accounts that are involved in illegal transactions and against public interest and peace. The three panel Judge was unanimous in this conclusion. Bankes LJ[51] said that danger to the state or duty to the public may supersede the duty of the Agent to his principal. Scrutton LJ[52] added on this by saying a bank may disclose the customers account and affairs to prevent frauds and crimes and finally Atkin LJ[53] summed it up by stating that the right to disclose exists to the extent to which it is reasonably necessary for protecting the Bank, or persons interested, or the public, against fraud of crime. Conclusion The definition of Banks and Banking practices has proved to be elusive for some time. Similarities can be made with the law with the acceptance that banking practices are as Dynamic as the laws that govern them. A definitive approach is not necessary. Bankers and legislators should refine and improve on practices in a progressive manner. Strict compliance to regulation is essential to maintain a healthy financial market and avoid scandals arising from banking malpractice. Table of Statu

The Presentation of Women in Shakespeare’s Sonnet 130 and Griffin’s Ess

The Presentation of Women in Shakespeare’s Sonnet 130 and Griffin’s Sonnet 39 What attitude do their presentations of women reflect? Discuss in detail how the poets’ choice & use of language influences your reading of poems. It is evident in both Griffin’s poem and Shakespeare’s poem that their love for their beloved is matchless; however the presentations and the personal interpretations of the two poets give a totally different message to its readers. It is often in Shakespeare’s sonnet 130 that we realize he ridicules his mistress and praises her in a way that misleads its readers to believe that Shakespeare doesn’t love her. Whereas, in Griffin’s Sonnet 39, he puts his lady as the central motive of the poem and this is obvious as almost every line in his poem begins with the word â€Å"her.† Without a doubt, the first line in both poems portrays a direct contrast from each other. In Griffin’s poem, he compares his lady’s hair to â€Å"threads of beaten golds† (line 1), which suggests the high status and attractiveness of his lady. On the contrary, Shakespeare begins his sonnet by depreciating the status of his mistress as she is â€Å"nothing like the sun† (line 1). This is also seen in the latter lines of the sonnet; her lips are not as red as coral, her breasts are dun-colored and the black wires growing on her head. (lines 2-4). In Griffin’s sonnet, we can see how he praises the beauty of his lady and her perfection with the use of figurative languages. Although the two sonnets seems to be similar, both admiring the beauty of their lovers, it is still apparent that the two women in the two sonnets are presented in different ways and the fact that there is a contrast between the two of them. The poem, Son... ...the way how Griffin presents his lady may sound the world’s perfect woman. Nonetheless, because of his hyperbolical statements and exaggerations, it may sound perfect to its readers, but then again, the lady becomes an idealize character and her beauty is only artificial. Through a detail study within the two poems, it is obvious that the two women presented in both poems are not similar. The poets’ viewpoints differ as they have personal opinions with regards to the qualities possess by their mistress or lady, whether they’re goddess-like or genuine in nature. As readers, we’re greatly influenced by the words written by the poets; we are dependent on their language and words to reveal the implications and the underlying message. [1] James P. Wolf. Pimbley's Dictionary of Heraldry – G [Online] Available http://www.digiserve.com/heraldry/pimb_g.htm The Presentation of Women in Shakespeare’s Sonnet 130 and Griffin’s Ess The Presentation of Women in Shakespeare’s Sonnet 130 and Griffin’s Sonnet 39 What attitude do their presentations of women reflect? Discuss in detail how the poets’ choice & use of language influences your reading of poems. It is evident in both Griffin’s poem and Shakespeare’s poem that their love for their beloved is matchless; however the presentations and the personal interpretations of the two poets give a totally different message to its readers. It is often in Shakespeare’s sonnet 130 that we realize he ridicules his mistress and praises her in a way that misleads its readers to believe that Shakespeare doesn’t love her. Whereas, in Griffin’s Sonnet 39, he puts his lady as the central motive of the poem and this is obvious as almost every line in his poem begins with the word â€Å"her.† Without a doubt, the first line in both poems portrays a direct contrast from each other. In Griffin’s poem, he compares his lady’s hair to â€Å"threads of beaten golds† (line 1), which suggests the high status and attractiveness of his lady. On the contrary, Shakespeare begins his sonnet by depreciating the status of his mistress as she is â€Å"nothing like the sun† (line 1). This is also seen in the latter lines of the sonnet; her lips are not as red as coral, her breasts are dun-colored and the black wires growing on her head. (lines 2-4). In Griffin’s sonnet, we can see how he praises the beauty of his lady and her perfection with the use of figurative languages. Although the two sonnets seems to be similar, both admiring the beauty of their lovers, it is still apparent that the two women in the two sonnets are presented in different ways and the fact that there is a contrast between the two of them. The poem, Son... ...the way how Griffin presents his lady may sound the world’s perfect woman. Nonetheless, because of his hyperbolical statements and exaggerations, it may sound perfect to its readers, but then again, the lady becomes an idealize character and her beauty is only artificial. Through a detail study within the two poems, it is obvious that the two women presented in both poems are not similar. The poets’ viewpoints differ as they have personal opinions with regards to the qualities possess by their mistress or lady, whether they’re goddess-like or genuine in nature. As readers, we’re greatly influenced by the words written by the poets; we are dependent on their language and words to reveal the implications and the underlying message. [1] James P. Wolf. Pimbley's Dictionary of Heraldry – G [Online] Available http://www.digiserve.com/heraldry/pimb_g.htm

History Today Essay

  History Today is actually a magazine, and historytoday. com is its website. The purpose of the website is to target the global audience and to publicize or introduce the magazine to them. 5. Yes, i believe the website is easy to read, with appropriate ads spaced on the sides, the layout is professional and pages are easy to follow, with drop down menus popping out when the cursor is moved to the various sections of the website which also makes it easier to navigate through different pages. The links are all up and running as they should. 6. Even though the website has the names of all the production team and editorial advisory board listed, no email addresses or contact numbers are given on the website. 7. The website i believe is current, however, this particular article i am looking into was published in 2007. 1. The website provides access to some of the articles that were initially published in the magazine. Data sources would mainly include both primary and secondary sources of information, as well as independent interpretations of historical events or personalities. Eventhough the website doesn’t include visual images, the actual magazine ‘History Today’ does. 2. Yes i believe the website is objective and free from any bias, as the page i happened to run into mentions both sides of the arguments. For example, the brief literature part of the original article says that yet, it is also necessary to explore the self-destructive qualities of Napoleon’s character. 3. NOTE: I dont know anything about your textbook, so i cannot answer this Question 4. Eventhough, the site only contained a small extract of the real article, it is useful for people who are looking towards finding a small hint on a topic related to history. Further details are present in the magazine itself. I would definitely recommend this website to any friend intersted in getting some insight onto a topic that directly or indirectly relates to history.

Mastitis Essay Essay Example

Mastitis Essay Essay Example Mastitis Essay Essay Mastitis Essay Essay Entering the Rectum 1 ) The cow is restrained by puting it in a chute or stanchion. 2 ) The cow is approached in a manner that minimizes fear to the animate being. Do non do sudden motions or act in a loud. awful manner. particularly if the cow is non habituated to people. Dairy cattles will normally non kick although some will. One can near the cow somewhat from the side to avoid boots. The cow can be gently touched on the wing or dorsum to do it cognizant of the palpator’s presence and to let rating of the cow’s disposition. 3 ) Before get downing feeling. the arm used for tactual exploration ( either will make ; whatever is most comfy ) should be covered with a tactual exploration arm. A assortment of arms are available. One feasible option is to utilize an cheap. disposable tactual exploration arm with a tighter-fitting latex baseball mitt fitted over the manus. The tactual exploration arm can be attached to the arm of the coveralls or work shirt with a haemostat or clothes pin. 4 ) After wearing the tactual exploration arm. the baseball mitt should be lubricated with K-Y jelly or a commercially-available lubricator such as those sold by Nasco or ABS. 5 ) Approaching the cow while standing slightly sideways. catch the tail with the ungloved manus and push it aside ( for cattles prone to kicking. the tail can be raised perpendicular to the cow to forestall kicking ) . The anus can be identified as the upper of the two gaps under the tail ( the lower one being the vulva ) . If there is merely one gap nowadays. look around to see which of your colleagues has slipped a bull or maneuver into the twine of animate beings being palpated. 6 ) To come in the rectum. organize the manus into a cone form by conveying the fingers and hitchhike together and utilize a little rotary gesture to infix the fingers and manus into the rectum. Entering the rectum takes some physical attempt because of the strength of the anal sphincter musculus and because of peristaltic contractions in the rectum. The contractions frequently subside after the arm has been placed in the rectum. If the contractions are particularly big ( the cow has arched her dorsum to bring forth extra contractile force ) . one can hold a coworker imperativeness down on the animal’s spinal column to take down the force per unit area. To come in the rectum while strong contractions are taking topographic point. the palpator must utilize adequate force to get the better of the contractions while being careful to avoid wounding the cow. 7 ) After the rectum has been entered. the palpator should take faecal stuff from the rectum by utilizing the cupped manus as a profligate. Removal of faecal affair is non ever necessary if the fecal matters are non abundant or are really soft. 8 ) It is possible for the cow to suck air into the rectum. particularly if the palpator makes many rapid in-an -out gestures with the arm. When this occurs. it is about impossible to feel the generative piece of land because the rectum balloons outwards. To cut down the job. air can sometimes be removed by hold oning a crease of the rectal wall and easy traveling it backwards to the anus. Finding and Palpating Structures in the Reproductive Tract 1 ) For a new palpator. the neck is normally the best landmark to assist happen the generative piece of land. The neck can be identified as a rope-like or chicken-neck-like construction about 3 inches in diameter that is normally in the pelvic pit along the midplane. Sometimes. the vesica can displace the generative piece of land so that it lies to the right side of the pelvic pit. 2 ) The neck can be picked up and held in the manus. Do non try to catch the neck between pollex and the first two fingers of the manus because it is difficult to keep the neck in this mode. Rather. catch the neck from the side while puting the the fingers underneath the neck and the pollex on top. If the generative piece of land is located far frontward in the abdominal pit. one can utilize the neck to draw the generative piece of land into the pelvic pit. 3 ) The womb can be identified and examined by following the cervix forward. To make so. the neck and womb is grasped in the manus so that the manus lies over the piece of land with the thenar down and the thumb underneath the piece of land. The external bifurcation can be identified as the point where the two uterine horns subdivision from the uterine organic structure. The two horns should be approximately the same size although this will non be the instance during late gestation and the early postpartum period. The uterine horns can really greatly in size depending upon the generative position of the animate being. At heat. the horns tend to be in a bombastic. muscular province. Acyclic and unfertile animate beings will frequently hold a really little or nearly- childish generative piece of land. After break uping. the uterine horns will be really big. with one uterine horn larger than the other and with the generative piece of land displaced into the abdominal pit. 4 ) The ovaries are either tucked somewhat underneath the womb or located to the side of the womb at a variable distance. Sometimes. the ovaries can be found by hold oning the womb. and so. after release of the womb. turning the custodies counterclockwise while utilizing the fingers to examine for the ovary. 4 ) Once located. the ovary can be grasped with the fingers while the ovary is held in the thenar. The fingers can be moved along the full surface of the ovary – periodic force per unit area is applied by the fingertips to seek for ovarian constructions. Follicles appear as fictile. fluid-filled constructions. Care must be taken to avoid tearing preovulatory follicles. Corpora lutea appear as difficult constructions that frequently protrude from the border of the ovary. Sometimes. the ovulation pit can be identified as a protruberance from the surface of the principal luteum. 5 ) The Fallopian tubes are normally non found during tactual exploration unless some pathology is present ( i. e. . oviductal inclusion or infection ) .

Music in the 60s

Music in the 60s Free Online Research Papers In a farm field located in Sullivan County, in the township of Bethel, New York, approximately 400,000 young people gathered to form a community based on some pretty simple philosophies (Rolin 204). Their call was not for violent revolution or anarchy but rather for peace in the world and love of neighbor. The glue that held this community together was the music. The outdoor concert at Woodstock, held August 15 – 17, 1969 marked the end of a decade that had seen the coming of age of a group of people destined to become the leaders of this country. The young people of the sixties was a generation that had experienced the loss of charismatic leaders such as the Kennedy brothers and Martin Luther King Jr., the rebellion against a war in a far off place with city names that most Americans could not pronounce, and the claim by Black Americans that they too desired and deserved the dream that was embraced and realized by most White Americans. The official Woodstock Music and Art Fair program probably put it best by saying, â€Å"What we’re doing here is celebrating, and at the same time we’re checking each other out, and what we see is a bunch of fools rushing in where angels fear to tread. And hooray for us; weâ €™ve been fearful angels too long† (Curry 3). The angels of the 1950’s had become the movers and shakers of the next decade. An example of the affect of rock music on the lives of young people comes from Bunny Gibson who was born in 1946 and lived in Darby, Pennsylvania. Her desire was to be on the television show â€Å"American Bandstand.† She talks about her experience and how rock music changed life for her and so many others her age. â€Å"Even on Bandstand we had to conform. We had a strict dress code. The guys all had crew cuts and wore ties and jackets. All of the girls’ dresses had to come up high on the neck and could not reveal too much. I think that really helped change the image of rock and roll. How could rock and roll be the devil’s music when all of the kids on Bandstand looked so nice and clean? I think the show really helped to smooth over the image of rock and roll and to bring it into the mainstream. In the fifties we were supposed to listen to our parents and not really have a lot of thoughts of our own. We were supposed to do what we were told, which didn’t really allow for much freedom. But like me, a lot of teenagers wanted to be able to find things out for ourselves: who we were inside, what we liked, what we wanted to do. Rock and roll was music from the heart and the soul that gave us a feeling of freedom. And once we got that freedom, it was like the parents really lost their control over us† (Jennings 147). The legacy of people like Bunny Gibson lives on through the music that reflected a change in the values of American culture and even in 2006 touches the lives of young people. While it cannot be shown that the music of the 1960’s shaped the cultural and political scene of the time, it can be shown that the music did reflect the times and did enhance the sensitivity and awareness of young people to the world in which they lived. Its form was indicative of the desire to break loose from the strict moral and philosophical conservatism that had prevailed since the end of World War II. â€Å"1960’s music not only deepened rock and rolls ability to work as a music of rebellion, disobedience and disrespect- often worthy and noble impulses that were reenacted in the 1970’s punk and are still acted out in much of today’s best (and worst) rap and heavy-metal music- but also made plain that pop music had become capable of expressing emotional and thematic truths that were as rich and consequential as anything contemporary film or literature had to offer. In other words, the 1960’s proved that rock is anything but trivial music; it does have impact, and at its worthiest, it still aims to threaten, to draw boundaries, to defy and to win young people over to its view and its ethos.† (Gilmore 67) In 1960 John F. Kennedy was elected to the U.S. Presidency. At the time, he was the youngest person ever elected to the office. He began his presidency with a challenge to the American people in his inaugural address to, â€Å"ask not what your country can do for you; ask what you can do for your country†¦Ã¢â‚¬  (Anderson 78). To all the audience attending the ceremony and those watching on television, this new, young president embodied a fresh spirit, new ideas, dedication, and hope for great things to come. Rock music began to reflect this call service, to question the status quo and the struggle for identity. The rise of the Beatles as pop icons represented the beginning of this change. Their long hair, unique dress and music began to challenge the traditional musical and celebrity formulas of the day. Tragically on November 22, 1963 President Kennedy lost his life to a bullet from the rifle of an assassin (Anderson 129). Robert Kennedy, who had served as Attorney General during the Presidency of his brother John Kennedy, began his own run for the presidency in 1968. He too lost his life to the bullet of an assassin and in that same year Martin Luther King Jr. was also shot and killed. All three of these men represented significant change to the American cultural landscape and their loss, while grievous, also emboldened many young people to take up the causes they had championed. In Dick Holler’s 1968 song, â€Å"Abraham, Martin and John† the lyrics mourn the loss of these leaders in a folk/rock ballad that was originally recorded by Dion who was best known for such hits of the 1950’s as â€Å"Runaround Sue.† This song celebrated the accomplishments of these leaders who â€Å"freed a lot of people.† Even the artists of the 50’s were embracing the changing landscape of American culture. In addition the 1968 Rolling Stones song â€Å"Street Fighting Man† was banned on many radio stations after the assassinations for fear that it would inflame emotions and lead to riots. In the 2000’s it is difficult to identify persons who have influenced American life as much as those already mentioned. Perhaps one person, although not American, that has had an indirect impact on America was Nelson Mandela of South Africa. Mandela was an outspoken opponent to apartheid in his country. Without Mandela’s voice and that of others like Steven Biko the world may have never come to realize the tragedy that was life in South Africa. The Black majority in the country lived in destitution and poverty for many years and their plight was worsened by the White minority who occupied the seats of power and control. As a result of Nelson Mandela’s efforts and the pressure brought to bear by other countries on the economy of South Africa the chains of apartheid were broken (Jennings 225). On his album â€Å"Graceland† released in 1986 Paul Simon brought further attention to the plight of the people of South Africa by recording much of the album i n South Africa featuring the voices of the South African group Ladysmith Black Mambazo. The involvement of the United States in the war in Vietnam (1963 1973) sparked artists to write songs expressing either their support or opposition to the conflict. In 1966, approximately 120 pro-war songs were recorded by country-western singers (Anderson 51). By the time of the Gulf of Tonkin incident and the withdrawal of America from Vietnam in 1973 Rolling Stone Magazine determined that almost seventy percent of the five star albums in rock and roll were released during this period (Anderson 51). Folk musicians such as Pete Seeger and Peter Yarrow began to write songs that protested American involvement in the war (Anderson 52). Younger folk singers began to join the cause and the voices of Joan Baez and Bob Dylan began to be heard (Anderson 53). Soon the sound of electronic guitars and drums joined the chorus and songs such as â€Å"Eve of Destruction† and â€Å"Unknown Soldier† by the Doors began to be heard over the radio (Anderson 58). Finally, perhaps one of the best known anti war songs of the decade was performed at Woodstock by Country Joe and the Fish entitled â€Å"I Feel Like I’m Fixin’ to Die Rag†. In this song the group made the war sound like a â€Å"carnival farce† with a chorus of: â€Å"And it’s one, two, three What are we fighting for, Don’t ask me I don’t give a damn, Next stop is Viet Nam. And it’s five, six, seven Open up the pearly gates. Well, there ain’t no time to wonder why, Whoopee we’re all gonna die. (Anderson 57)† By the end of the decade there were a multitude of songs that sought peace such as John Lennon’s â€Å"Give Peace a Chance† and Cat Steven’s â€Å"Peace Train.† Other songs written to protest the war included â€Å"Last Night I Had the Strangest Dream† recorded by Mason Profitt, â€Å"Get Together† written by Chet Powers, â€Å"Alice’s Resaurant† written by Arlo Guthrie and â€Å"Ball of Confusion† recorded by The Temptations. Neil Young wrote and delivered with his song â€Å"Ohio† which told the story of the killing of innocent college students at Kent State University by National Guard troops trying to break up a war protest. While the song told that story, the lyrics also called for action on the part of people to stop the madness. â€Å"Gotta get down to it Soldiers are gunning us down, Should have been done long ago What if you knew her And found her dead on the ground How can you run when you know† (Anderson 58). On September 11, 2003 terrorists hijacked three airliners. Two were used as missiles to destroy the World Trade Towers in New York City. Approximately 3,000 people lost their lives in the terrorist attack. As a result of these attacks a decision was made by our nations leaders to attack Iraq. As of this time, we are still occupying that country and to many it appears that we have gotten ourselves into a similar situation as the conflict in Vietnam during the 1960’s. Once again we have seen the sound of music supporting and opposing this war. In the area of rock music some of the champions of the 1960’s have again come out with anti war songs. Neil Young wrote a song entitled â€Å"Let’s Impeach the President† and John Fogerty of Credence Clearwater Revival fame released a song entitled â€Å"Dà ©j Vu (All Over Again). In this dssong Mr. Fogerty laments that the rhetoric being heard today for this war is much the same as it was during the Vietnam conflict. â€Å"Did you hear ‘em talkin’ ‘bout it on the radio Did you stop to read the writing on the wall Did that voice inside you say I’ve seen this all before It’s like Dà ©j Vu all over again† (Fogerty) Younger artists have joined their voices in the chorus to protest the actions of our government in this war including Pearl Jam in their song â€Å"World Wide Suicide† and John Mayer in his song â€Å"Waiting on the World to Change.† â€Å"Now, if we had the power To bring our neighbors home from war They would have never missed a Christmas No more ribbons on the door And when you trust your television What you get is what you got Cause when they own the information They can bend it all they want† (Mayer). This last piece almost seems like a lament that young people today feel so powerless but yet they will one day be the ones to assume leadership of the world and so they wait for the world to change. Other recent offerings that protest the war include â€Å"War† recorded by Outkast, â€Å"Bomb the World† recorded by Spearhead, â€Å"Empire† recorded by Dar Williams, â€Å"I Want My Country Back† recorded by Greg Brown and â€Å"No Bomb is Smart† recorded by Sonia Rutston. During the decade of the 1960’s our country struggled with it’s own sins in the area of discrimination. America’s Black citizens had been denied many basic freedoms that White America took for granted. A movement began to claim those rights for Black Americans and many of the rallies and protests were led by songs that celebrated the Negro Spiritual. Songs such as â€Å"We Shall Overcome† and â€Å"Ain’t Gonna Let Nobody Turn Me Around† became cries for justice and freedom for a group of people that had little for decades. Once again many folk artists lifted up the plight of the disenfranchised in their songs. Bob Dylan wrote â€Å"Blowing in the Wind† and David Arkin wrote â€Å"Black and White† to celebrate the coming together of races for mutual growth. Over the years our country realized that it was time to repent and laws were passed to assure that all people in this country would have the legal right to basic freedom s such as voting and property ownership (The Sixties: The Decade That Changed America). We have come a long way in the area of civil rights, but the truth be known, we still have a long way to go. One only needs to be aware of the number of people in our country that live in poverty or are homeless to recognize that the work is not completed. Even today we have rock artists that sing about the plight of the poor and the disenfranchised. Talib Kweli in his song â€Å"Get By† talks about what it takes to make it from day to day in America today (Kweli). Wyclef Jean laments the plight of minority people in the city in his song entitiled â€Å"Diallo† (Jean). Rock music in the 1960’s enhanced the changes that were brought about by a generation that was not satisfied with the status quo and demanded change and embraced being involved in that change. A summation of the impact this music had and is having is best summed up by Mikal Gilmore in an article written for Rolling Stone Magazine in 1990. â€Å"†¦it is also true that rock has lost much of its political and social convictions in recent years, and that it is now a music that can accommodate ugly views of sexism and racism, and that perhaps too much of it has helped spread an unthinking affection for alcohol and drugs. To put it differently, 1960’s rock didn’t save the world- maybe didn’t even change the world enough- but it fought good battles and it enriched a progressive struggle that is far from finished, and far from lost. In the end, rock and youth culture met with considerable and determined opposition- and that opposition is still formidable. But for a moment, in the middle of a momentous decade, rock roll was heroic enough to tell us the essential fact of our time: that we were finally on our own, and that we were ‘with no direction home.’ In some ways, the most important music since that time has struggled either to deny that bold truth or to follow its chilling and liberating implications to their bravest and most surprising ends† (Gilmore 67). WORKS CITED Anderson, Catherine Corley. John R. Kennedy: Young Peoples President. Minneapolis: Lerner Publications Company, 1991. Anderson, Terry. â€Å"American Popular Music and the War in Vietnam.† Peace Change, Volume 11. Issue 2 (1986): 51 – 65. Curry, Jack. Woodstock: The Summer of Our Lives. New York: Weidenfeld Nicolson, 1989. Fogerty, John. â€Å"Dà ©j Vu (All Over Again).† Dà ©j Vu All Over Again. Geffen, 2004. Gilmore, Mikal. â€Å"60s.† Rolling Stone 23 Aug. 1990. 61 – 67. Gitlin, Todd. The Sixties: Years of Hope, Days of Rage. New York: Bantam Books, 1993. Jean, Wyclef. â€Å"Diallo.† The Ecleftic: 2 Sides II a Book, Rawkus, 2000. Jennings, Peter, and Todd Brewster. The Century for Young People. New York: Random House, 1999. Kweli, Talib. â€Å"Get By.† Quality, Rawkus, 2002. Mayer, John. â€Å"Waiting On the World to Change.† Continuum. Columbia, 2006. Rolin, Lucy. Twentieth-Century Teen Culture by the Decades. Westport: Greenwood Press, 1999. â€Å"The Sixties: The Decade That Changed America.† NBC News Video. For use with February 11, 1994, Junior Scholastic and Scholastic News. 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