America Before and After Revolution

The way of life in the colonies before the Revolution was far more different than the way of life after the war. The colonies were completely run by Britain and didn't have to fend for their own needs. Trading, taxing, and other parts of the economy were run by the mother-country. However, during the Revolutionary War, idealists like Thomas Paine produced concepts that fruited the idea for a more republican society. These new beliefs were reflected in the Declaration of Independence, after the war it played a huge part in the Articles of Confederation, and it was later the ideas established in the American Constitution. In the years before the Revolution, the colonies were still growing. The New World was a melting pot for different European cultures and social status played a huge part in how people viewed each other. Even though the colonists left Britain to escape social structure, they found themselves once again ranking people by how educated they were or how much money or land they had. The landowners were better off than the widowed, the poor and the indentured servants. But it was possible for citizens to earn their way into a higher class. Much like after the Revolution, the slaves had no worth and were at the bottom of the pyramid. Education was only offered for men to prepare them for ministry and it taught them the dead language of Latin that was important for interpreting the Bible’s scriptures. The link to religion was prominent in politics as well. A majority of the colonies were run by Parliament appointed officials that had close ties to the established churches of the colonies. The early years of the colonies were revolved around religion and were greatly affected by how England ran their government. England’s hierarchical society was all that the colonist knew and it wouldn’t be for a hundred years before they would find new ways to establish the colonies. Trading in the colonies was heavily intertwined with Britain. No trading with other countries was permitted unless it went through England’s ports first. The  British Empire  used them as a source of raw resources and as a source of taxes to pay for  Britain's many wars and ventures. However, agriculture, fishing, lumbering and other industries had a large impact on the development of the Americas. It was the first time that the colonies were producing things by themselves and providing their own goods helped instill confidence in the colonists. The American Revolution forever changed the colonies. The colonies were now a loosely united group of states, called the United States of America, and colonists now considered themselves American instead of English. The common man was given more rights and control. Laws like primogeniture were abolished and people were able to tend to their affairs freely. The institution of slavery was weakened and some Northern states even abolished it. After the American Revolution, America was free to industrialize and sell goods to other countries at more favorable prices, no longer being locked into an unfair trading monopoly with the British. Industry and manufacturing increased because of the high demand from other countries, thus broadening their amount of trade. Financial wizards like Alexander Hamilton led the States into what would be one of the most economically dominant countries of the world.

Mcculloch V. Maryland Brief

McCulloch v. Maryland Brief Fact Summary. The state of Maryland enacted a tax that would force the United States Bank in Maryland to pay taxes to the state. McCulloch, a cashier for the Baltimore, Maryland Bank, was sued for not complying with the Maryland state tax. Synopsis of Rule of Law. Congress may enact laws that are necessary and proper to carry out their enumerated powers. The United States Constitution (Constitution) is the supreme law of the land and state laws cannot interfere with federal laws enacted within the scope of the Constitution. Facts.Congress chartered the Second Bank of the United States. Branches were established in many states, including one in Baltimore, Maryland. In response, the Maryland legislature adopted an Act imposing a tax on all banks in the state not chartered by the state legislature. James McCulloch, a cashier for the Baltimore branch of the United States Bank, was sued for violating this Act. McCulloch admitted he was not complying with the Ma ryland law. McCulloch lost in the Baltimore County Court and that court’s decision was affirmed by the Maryland Court of Appeals.The case was then taken by writ of error to the United States Supreme Court (Supreme Court). Issue. Does Congress have the authority to establish a Bank of the United States under the Constitution? Held. Yes. Judgment reversed. Counsel for the state of Maryland claimed that because the Constitution was enacted by the independent states, it should be exercised in subordination to the states. However, the states ratified the Constitution by a two-thirds vote of their citizens, not by a decision of the state legislature.Therefore, although limited in its powers, the Constitution is supreme over the laws of the states. There is no enumerated power within the Constitution allowing for the creation of a bank. But, Congress is granted the power of making â€Å"all laws which shall be necessary and proper for carrying into execution the foregoing powers. à ¢â‚¬  The Supreme Court determines through Constitutional construction that â€Å"necessary† is not a limitation, but rather applies to any means with a legitimate end within the scope of the Constitution.Because the Constitution is supreme over state laws, the states cannot apply taxes, which would in effect destroy federal legislative law. Therefore, Maryland’s state tax on the United States Bank is unconstitutional. Discussion. This Supreme Court decision establishes the Constitution as the supreme law of the land, taking precedent over any state law incongruent with it. McCulloch v. Maryland Term: †¢1792-1850 o1819 Location: Maryland State House Facts of the CaseIn 1816, Congress chartered The Second Bank of the United States. In 1818, the state of Maryland passed legislation to impose taxes on the bank. James W. McCulloch, the cashier of the Baltimore branch of the bank, refused to pay the tax. Question The case presented two questions: Did Congress have the authority to establish the bank? Did the Maryland law unconstitutionally interfere with congressional powers? Conclusion Decision: 7 votes for McCulloch, 0 vote(s) against Legal provision: US Const.Art 1, Section 8 Clauses 1 and 18 In a unanimous decision, the Court held that Congress had the power to incorporate the bank and that Maryland could not tax instruments of the national government employed in the execution of constitutional powers. Writing for the Court, Chief Justice Marshall noted that Congress possessed unenumerated powers not explicitly outlined in the Constitution. Marshall also held that while the states retained the power of taxation, â€Å"the constitution and the laws made in pursuance thereof are supreme. . . they control the constitution and laws of the respective states, and cannot be controlled by them. â€Å"

The Thoughts of Carl Jung Essay Example | Topics and Well Written Essays - 2000 words

The Thoughts of Carl Jung - Essay Example Carl Gustav Jung was born in 1875 on the Swiss shore of Lake Constance to Paul and Emilie Jung, a village pastor and the youngest daughter of a famous-but-eccentric theologian (Stevens, 2001, p. 2). Jung's father died when he was still in school and, although his first career choice was that of a medical doctor, he was precluded from pursuing this career path due to the fact that he could not afford to do so; he opted instead, to go to work as an assistant at the Bergholzli asylum proximate to Zurich (Daniels, 2003, p. 24). He met and developed a friendship with Sigmund Freud, with whom he corresponded often until a series of philosophical and perceptive differences caused the break (Stevens, 2001, pp. 18-24). He married and had a family and, although seemingly happy with his wife Emma, nevertheless engaged in several well-documented affairs. After World War I, he spent much of his time traveling and writing much of the work we have today. He died in 1961. There are many aspects of Jung's life and experiences that can be seen in his subsequent work; so much so that they lie far beyond the scope of this paper. There are a few, however, that should be mentioned to provide context for the theories and his contribution to society which follow. The first is the environment in which Jung developed. In speaking of the period of time between the 1870s and 1930s, one author notes that "the major disciplinary and theoretical forms of modern psychology and psychotherapy were established" (Shamdasani, 2003, p. 10). It was in this culture of change and development that Jung went to school, spent nine years at the Bergholzli asylum, formed and broke his relationship with Freud, had his many dreams and near-psychotic breaks, and generally formed the foundations of his thinking. Many of his theories, three of which are named below, can be traced to this developmental era of re-thinking the philosophy and science of psychology. Another event in Jung's life that bears mention is his relationship with his mother. Specifically when, as a young boy who slept with his father (his parents kept separate bedrooms), she had a breakdown "for which she had to spend several months in the hospital, and this enforced separation at a critical stage in his development seems to have affected Jung for the rest of his life" (Stevens, 2001, p. 3). This maternal separation seemed to have had a great influence on his concept of "anima (the female complex in his unconscious)", and is cited as a possible reason for his numerous affairs as well as his apparent habit of surrounding himself with women (Stevens, 2001, pp. 26-27). A third influential event would have to be his six year correspondence and friendship with Sigmund Freud. As Jung developed from student to an independent thinker, he was often suppressed by Freud, particularly when his ideas expanded

Gender Discrimination - a Constraint to Educational Attainment in Essay

Gender Discrimination - a Constraint to Educational Attainment in South Asia - Essay Example This essay declares that most of the South Asian countries have also had a colonial past. This, in many ways, was pivotal in shaping the economy and the fabric of their societies. In India, Pakistan and Bangladesh, the historical legacy has translated to gender disparity and lower standards of living. Years of deprivation, neglect and other social taboos have created a huge gap in education and employability between men and women in South Asian nations. Historically women have been discriminated against, irrespective of religion, caste, class or social standing. The uninhibited show of masculine superiority and marginalisation of women have been mentioned in Hindu mythology and epics like Ramayana and Mahabharata. In medieval times it was first observed as customary practice in the feudal societies of these countries. This paper makes a conclusion that the pages of history will bear testimony to the generations of gender discrimination in fields such as education, employment and self-sufficiency in the South Asian context. South Asian countries like India, Pakistan, Sri Lanka and Bangladesh have a long and common past. Societal practices where women were relegated more to the domestic arena and were protected from external influences was common to all these societies. What started out as positive intent that of securing the lives and dignity of women, became exploitative with the passage of time. Cultural sanctions against women became common practise under the garb of religious and traditional values.

One out line page using standard outline format Essay

One out line page using standard outline format - Essay Example People facing information overload sometimes try to manage by ignoring some of the messages, by responding inaccurately to certain messages, by delaying responses to messages they judge unimportant, by answering only a part of some messages, by reacting only superficially to all messages, or by taking less time with each messege. To overcome information overload, one needs to realize the information that not necessary, and make the necessary information simply available. Give information meaning rather than just passing it on, and set priorities for dealing with the flow of information. Some information is not necessary. This is scenarios where the information is difficult to handle. When formulating business messages, one should communicate both as a representative of an association and as an individual. There must adjustment of style and ideas so that they are acceptable to your manager. In reality, a person is asked occasionally to write or say something that you disagree with personally, some communicators finds difficult. Communicators are regularly faced With messages that struggle for attention. To overcome competition barriers, avoid making demands on a receiver who doesnt have the time to pay careful attention to your message. Make written messages visually attractive and easy to understand, and try to convey them when your recipient has time to read them. Oral messages are most efficient when you can speak straight to your receiver. Also, be sure to set aside enough time for significant messages that you receive. Business messages rarely have the benefit of the audience’s full and undivided attention. workforce of low status may be too cautious when sending messages to managers and may talk only about subjects they think the manager has interest in. likewise, higher-status people may deform messages by

Perspectives on Friendship Essay Example | Topics and Well Written Essays - 1500 words

Perspectives on Friendship - Essay Example From this report it is clear that  Mohammed and the author were playing in the yard when thay were suddenly attacked by a group of three boys who were members of a gang in school. They took our football and even threatened to beat them if they did not cooperate with them; the author remember how Mohammed was scared when the author confronted the three boys to leave them alone. The boys were very incensed that the author  had even dared to argue with them and vowed to make life very difficult for both of them but that did not scare me even an inch. the author was firm in my resolve to fight back and resist any challenge they would put us to, thus, the author did not move even an inch when one of the older boys advanced and looked him straight in the eye with his blood-shot piercing eyes.  This essay stresses that  Mohammed and the author have also found ourselves in trouble many times, especially with law enforcement officers for petty offenses like going to parties as minors with fake IDs and driving without licences. On many occasions, their parents have been informed of our offenses and they have subsequently been grounded for days; on his eighteenth birthday, for instance, Mohammed and the author were cruising in his father’s car when traffic officers caught up with him for over-speeding. Fortunately for them, his father was not very angry with him for taking his car and nearly crushing it by over-speeding but he gave them a comprehensive lecture on careful driving.

Compare of Artwork the Mayan and Apulian Bowls Research Paper - 1

Compare of Artwork the Mayan and Apulian Bowls - Research Paper Example The Apulian Lekanis: Head of a Woman and Winged Genie, and Bowl and Lid with Boar Head is credited as a gift to Mrs. Henry E. Perry in the late 4th century B.C. This work was created as part of Greek culture. It falls under the visual labor sculpture using terracotta as the medium and is currently visible in Indianapolis museum under the Classical collection. Conversely, the bowl and lid with boar head is the work credited to the Maya culture and falls under the Native American collection. The creation date was around 350-500 A.C and the art is credited as a gift of Bonnie and David Ross. The materials used include slithered and painted earthenware. Amongst the Apulian or South Italian vases, some of the common themes were transcendent sections of love and merriment (Indianapolis Museum of Art n.p). The urns were then offered to the dead with the offering venue being the tombs. The Lekanis portrayed red-figures of ladies of style. These Lekanis were routinely on the lids secluded fro m each other by huge palmettes on both sides (Ambrose 14). Additionally, each lady had a half palmette in front of her and behind her a volute. Some of the attributes of the Lekanis were that they were identical in terms of Stephane, Saccos, and neatly comprehensive ribbons. The lid of the Apulian vases also had winged genies. The Greeks believed that the genies would help with the valedictory rites and with the switch to the afterworld. Unlike the Apulian Lekanis, the Bowl with a Boar Head was mostly used to recognize Maya civilization (Indianapolis Museum of Art n.p). The boar was linked with the heavens and the sun’s movement. Additionally, the Bowl with a Boar Head was an earthenware container and not a sculptured container like the Apulian Lekanis. The boar head was used as a handle for opening the boar and not just a decorative picture.  Ã‚  

Mrkt 4050 Essay Example | Topics and Well Written Essays - 250 words

Mrkt 4050 - Essay Example This is one of the ways to keep customers busy to avoid being bored as they wait to be served. However, its positioning and the content on the cover page attracted the attention of many people.   Ã‚  Ã‚  Ã‚   As I mentioned earlier, this magazine is amid to the family. Its general theme is women and house wives (People magazine 1). It had a lot of women ads next to interesting articles that may attract and people attention. The title was interesting and it made people have an urge to read what was in it.  Ã‚  Ã‚  The ad is about Jeep automobiles. The main objective of the ad is to persuade and convince potential customers to buy their products, and make their costumers to believe that they are among the best companies that care about the environment. The Jeep ad is the only automobile ad in the magazine. That’s a nice thing to do ad in a magazine with only your ad category. In my opinion it is smart way to ad in this kind of

Permeation lab Essay Example | Topics and Well Written Essays - 500 words

Permeation lab - Essay Example Our experiment dealt with taking PDMS devices and also focused on the study of how water with rhodium-B, ethanol with rhodium-B, isopropanol with rhodium-B (control experiment), and mineral oil with Sudan red react during permeation. However, we were only able to get results from two liquids, water and mineral oil. We observed mineral permeating more than water. We therefore concluded that the study of micro fluids can tell us a lot about making better gasoline, cleaning liquids and other everyday liquids by making sure that liquids whose permeation rates are low are used in such industries. For instance, the battery acid is unlikely to corrode your vehicle if the permeation rate of the liquid used is low and thus the liquid won’t leak from the battery. The materials used to complete this experiment are test tubes, aluminum foil,30G syringe, Tygon tubes, Deionized no cap water ,pipet, Rhodium-B, Mineral Oil, Sudan red Dye, Ruler no cap, PDMS, Curing no cap solution, Scalpel no cap, cover slides Empty 20G Syringe no cap, Ethanol no cap, Timer no cap and Plasma Tray no cap. The Devices no cap needed are Vortex Machine no cap , Vacuum filter no cap, Sonicator no cap, Vacuum no cap chamber, Camera no cap, Microscope no cap and air tank. In figure1 below showing the PDMS device connected with pipet from one side and empty 20G Syringe in another side Permeation is necessary in the context of understanding the flow characteristics of fluids at the microchannel level, since it has been observed that a steady converging flow tends to attain a terminal equilibrium (also called steady-state value) of the permeation constant. Thus, the study of permeation characteristics has been acknowledged as a powerful way to quantify chemical interactions at the center of the channel, where the reaction of the fluid stream would take place. Three test tubes were collected and labeled sample 1, 2

Music Represents the Soundtracks of Life Essay Example for Free

Music Represents the Soundtracks of Life Essay Music is an unavoidable ingredient in everyone’s life. Whether its music we play by personal choice or music we hear in supermarkets or a retail store. Society will hear music. What comes along is what will affect the listener. Through time music has changed to meet the needs of society. In the past music was one of mans only form of entertainment, in many households the radio would play all day. Music changes as our lifestyle and environment changes, music was simple and very plain in the past but society could not live without it, the music was plain because their life was plain. As music developed, music started to split into different forms, now called genres. People created different genres to match their needs and feelings. Each genre reached out to a certain type of person’s personality and affects that person’s way of life. People listen to a specific type of genre to match their mood, for example: when a person is sad or grumpy they tend to listen to slow or depressing songs to match their mood, examples of these genres are blues and instrumental jazz. Different genres can also change your mood, at a club or party people play upbeat and fast paced music to get the people dancing and socialising. Rock or metal, a developing genre, is a very popular genre because of its distinct sound. Rock mainly consists of bands with a mixture of instruments and one or more vocalist. Music is not only heard on radios, cd’s or on the TV, music is constantly around us. One cannot imagine life without music because society is so used to hearing it. In movies music is used for effect and drama, a movie without music does not only sound dull and boring, it feels dull and boring. The music makes you shiver at the climax of a horror movie, the music makes you cry during a romantic scene. Driving on long journeys while listening to your favourite artist makes the trip feel a lot shorter and more enjoyable. Nature is one of the only places where you can hear natural music. Imagine walking through the forest without hearing the sweet sounds of birds chirping or the sounds the bushes and trees make when the wind passes by. Music makes life more relaxing and often is our source of inspiration. Music moves our body in many ways, but most of all it moves our souls and helps people to look deep inside themselves. Music will continue to grow and will never die. Music is the soundtrack of life.

Bilateral Investment Treaties: Breach of Treaty or Contract

Bilateral Investment Treaties: Breach of Treaty or Contract The face of international investment has changed radically thanks to the proliferation of BITs in the past decade. This has led to foreign investment disputes increasingly being resolved through dispute resolution procedure. But the increase in arbitration to resolve investment related disputes hasnt been successful in resolving some of the issues arising from BITs. Rather some of the recent decision in international investment has exposed some of the underlying problem between the theoretical aspect of the bit and the practical aspect[1]. One of the major issues creating a lot of controversy is related to interpreting that umbrella clause in different BITs[2] and the conflict between breach of treaty v breach of contract. This clause, found in most of the BITs requires that each contracting party must honour and observe all obligations that have been entered with the investor from the other contracting state. This clause basically helps the investor to raise a contractual claim unde r the domestic law to a treaty claim under the BITs. According to Jarrod Wong the application of such clause results in the international arbitration tribunal constituted under the BIT (the BIT tribunal) to take jurisdiction over breach-of-contract claims since the umbrella clause raises the breach of contract to a treaty level breach which automatically gives jurisdiction to the tribunal[3]. To put it in the simplest way, it means that the investor can now ask the international investment tribunal to redress the breach of the investment contact by elevating it to the status of breach of the investment treat by way of international arbitration. Vivendi[4], SGS v. Pakistan[5], and SGS v. Philippines[6] are the three cases decided by International Centre for Settlement of Investment Disputes (ICSID) tribunal that have fuelled the controversy relating to umbrella clause[7] and additionally have discussed the relationship between a breach of contract and breach of treaty.   The above cases have shown how international arbitrators are inconsistent in their approach towards interpreting the umbrella clause in the governing BITs. This has led to a conflict on how the two-principal aspect of international investment practice work in consonance with each other. The two-principal aspect constitute of investment contract which is validated by the hosts states domestic law and the international investment agreement which are mostly the BITs[8]. If this underlying uncertainty isnt resolved soon, then the growth and favourability of international investment stands threatened.[9] Since overlaps between contract and treaty claims ar e expected to arise with increased frequency in the interim period (as a result of the ever-increasing scope of BIT coverage)[10]. This essay will first analyse the relationship between a contractual claim and treaty claim when both arise from same set of facts (a single action of the host state giving rise to the breach). The analysis will be done by discussing how different tribunal have assisted in developing this jurisprudence as it stands today and if there are any fault and changes required in the jurisprudence. The second part of the essay will deal the umbrella clause jurisprudence by focusing and dissecting the decision and reasoning of the tribunal in the SGS decision that have shaped the concept as it is today. At the end the conclusion will involve the analysis and recommendation relating to the jurisprudence discussed below and will also provide an analysis of the decisions that will be referred to. The parties in an investment transaction receive their substantive and procedural rights from the combination of different norm starting from the investment contract itself that is entered between the foreign investor and the local government which gives rise to private right and obligation. Then there is the domestic law of the host state that govern and protects the substantial rights and obligation of the party. These domestic laws fill in the normative gaps that arise in the contract, those domestic laws are mostly in the form of tax laws, environmental law et al. Domestic laws create substantive and procedural right and obligation in addition to those undertaken through the contract. Finally, Bilateral Investment Treaties (BITs) and Multilateral Investment Treaties (MITs) also govern many international foreign investments that required the host state to adhere to obligation by a fixed set of international law. A combination of the above norms provides for a suitable investment e nvironment for the foreign investor protecting and guaranteeing a return on the investment made.[11] The above set of norm give rise to different rights and there is claim under all the three set of norm and at time those claims can arise from a single set of facts. All the three norms work simultaneously to protect and observe all the right and obligation of the parties. As all the norm work together at times both contractual and treat claims can come from a single set of facts, that fact being the act of the government which can breach the investment contract and the investment treaty at the same time. The question that arises here is that if single set of facts gives rise to both treaty and contractual claims then will the tribunal have jurisdiction or will the court have jurisdiction over the dispute? This jurisprudence stands clarified that the tribunal will have jurisdiction over the treaty claims and the local court or arbitrator will have jurisdiction over contractual claims by international tribunal time and again, the most recent being the famous SGS decisions and it was first dealt with by the Lanco v Argentina[12] Tribunal. This ICSID jurisprudence established in Lanco[13] was based on the forum selection clause contained in the concession agreement which was in favour of domestic courts in Argentina. Argentina argued that because of the clause the tribunal has no jurisdiction over treaty claims as the consent in the contract by way of the forum selection clause over rides the general consent given in the BIT for ICSID arbitration. The tribunal however rejected the argument stating that United States-Argentina BIT allows the investor to submit the dispute to ICSID for treaty based claims and the consent is an expressed consent and cannot in any case be overridden by the consent given in the contract.[14] The Annulment Committee in the Vivendi case affirmed the Vivindi Tribunals decision on the issue relating to forum selection clause which was in line with the Lanco decision. The tribunal basically stated that the ICSID tribunal will never be deprived of jurisdiction over a treaty claim, including the case of treaty claims arising out of the contract even when there is a forum selection clause in the contract.[15] The tribunal in the Vivindi[16] case stated that in no way the forum selection clause would be: deemed to prevent the investor from proceeding under the ICSID Convention against the Argentine Republic on a claim charging the Argentine Republic with a violation of the Argentine-French BIT.[17] The forum selection clause was again a point of contention between the parties in both the SGS dispute and the tribunals decisions was in line with the prior jurisprudence. While discussing the SGS decisions one important point that is mostly not noted is that in both the disputes the tribunal asserted jurisdiction over the treaty claim which arose directly from the investment agreement. This cemented the ICSID jurisprudence that was established in earlier cases, both treaty claims and contractual claims can arise from the same set of facts. It can also be stated that, notwithstanding any forum selection clause, in a matter of treaty violation an international tribunal will always have jurisdiction over the treaty based claim. The tribunal in SGS v Pakistan cited the Vivindi annulment decision where the committee stated: [W] here the fundamental basis of the claim is a treaty laying down an independent standard by which the conduct of the parties is to be judged, the existence of an exclusive jurisdiction clause in a contract between the claimant and the respondent state cannot operate as a bar to the application of the treaty standard. At most, it might be relevant-as municipal law will often be relevant-in assessing whether there has been a breach of the treaty.[18] The tribunal also particularly stated that it will deal with the violation related to the treaty only and there will be no jurisdictional overlap with the PSI arbitrator as the PSI arbitrator will be dealing with contractual violation even though both the dispute arise from the same set of facts.[19] It must also be noted that the tribunal in SGS v Philippines also had to deal with similar type of forum selection clause and its decision was again in line with earlier jurisprudence. The SGS tribunals were consistent in their decision on forum selection clause in an underlying contract and also followed the jurisprudence that was established. The effect is that once treaty based claims are found and framed then the treaty based tribunal have the power to adjudicate them and no other forum selection clause can abridge that right. This authority will in no condition be abdicated on the reason that they claim are linked or arise from claims related to contracts. No forum selection clause in an underlying contract or a parallel proceeding relating to the claims can rob or stop the treaty based tribunal from deciding the treaty based claim as clear differentiation can be established between treaty based claims and contractual claims even if they arise from the same set of facts. We saw that there is a clear differentiation between a tribunal asserting jurisdiction on treaty claims when the dispute arises from the same set of fact related to an underlying investment contract. But the umbrella clause aims to do just the opposite by equating contract breaches with treaty breaches. SGS v Pakistan was the first case to deal with the umbrella clause in its practical aspect back in 2003 and then this question was again dealt with by SGS v Philippines. While trying to deal with the question of umbrella clause the SGS decisions left us with conflicting and confusing interpretation of the umbrella clause. The confusion can be attributed to how the SGS decisions lie on the opposite end of the spectrum, while SGS v. Pakistan determined that the BIT tribunal does not have any jurisdiction over contractual claims on the ground (that umbrella clause is very wide in its scope and there was no intention to cover contractual dispute), conversely SGS v. Philippines held that a BIT tribunal in fact has such jurisdiction (as the umbrella clause is to be applied as it is) but still held that it should not exercise this jurisdiction where the investment agreement contains an exclusive forum selection clause designating a specific but different forum from BIT tribunal for resolving disputes arising under the contract. The United Nations Centre on Transnational Corporations has stated that the presence of an umbrella clause in a treaty: makes the respect of such contracts [between the host State and the investor] an obligation under the treaty. Thus, the breach of such a contract by the host State would engage its responsibility under the agreement and-unless direct dispute settlement procedures come into play-entitle the home State to exercise diplomatic protection of the investor.[20] The inclusion of umbrella clause has widened the definition of a arbitrable dispute and over the time tribunal have found and concluded that jurisdiction of a tribunal is no more restricted to claims of violation of substantive provision of BIT.[21] It may be noted that the clauses in BITs are not yet tested as they have been drafted keeping in mind the future requirement for an favourable investment and they are put to test only when any dispute arises and they are placed before an arbitral tribunal. Two of the recent decision relates to the interpretation of the umbrella clause discussed below shows what challenges can the umbrella clause being with them. The SGS Reasonings The SGS decision are the two most recent and important decision on umbrella clause. While SGS v Pakistan took a very restrictive approach in interpreting the clause over contractual claims, SGS v Philippines made a broad interpretation of the umbrella clause by covering both treaty claims and contractual claims. SGS v Pakistan was faced with an umbrella clause, which according to the tribunal was very broad in its scope. The tribunal went on to state that the clause is so broad that it cant be construed to cover contractual claims (compromissory clause article 9 of BIT only intended to cover treaty claims not contractual claims)[22].   The tribunal also found that the umbrella clause in article 11 of the BIT did not transfer SGS contractual claims in to BIT claim. The tribunal stated that a straight forward reading and literal interpretation of the clause encompasses the contractual claims, but the tribunal was concerned that it will convert every contractual claim into a breach of BIT claim and would open a floodgate of cases.[23] The tribunal was very explicit in stating that they dont intent the clause to be so wide in its scope and assumed that the parties also never intended to do so. Giving effect to the clause would be exceeding what the contracting parties intended and the tri bunal is willing to accept.[24] So eventually the tribunal took jurisdiction over treaty claim only and allowed to PSI arbitrator to resolve the contractual disputes. SGS v Philippines was faced with the decision of the earlier SGS v Pakistan tribunal which came before some months only. The tribunal felt that the SGS v Pakistan tribunal didnt give the full and proper effect to the umbrella clause stating that the clause doesnt change the applicable   law on the contract from Philippines law to international.[25] The applicable law remains the domestic law only, the umbrella clause makes sure that the host state honours the obligation it has undertaken under the contract in effect, the clause help to secure the performance of the contract obligation by the host state in relation to international investment protection law.[26] Surprisingly after giving a broad interpretation to the clause the tribunal suspended the proceedings asking the claimant to get the judgement from the domestic court first and then come back to the tribunal if the claimant finds that the judgment is unsatisfactory or the host state doesnt comply with the judgment. The tribunal felt that they have jurisdiction over the dispute, but it is not yet admissible as there is another forum selection clause closer to the contract and if that fail then the tribunal can take jurisdiction.[27] Basically, speaking the tribunal stated that they have jurisdiction over the matter but it will become admission when the forum selection clause doesnt provide justice it will be admissible as it will get elevated to treat violation under the doctrine of denial of justice under international law.[28] Its clear by now that both tribunals decided not to decide on the contractual claim. As Thomas W Walde states, this happened because both the tribunal feared that it will open a floodgate. The SGS v Pakistan was much sincere and clearly vocal about the fear whereas the SGS v Philippines tribunal wrapped it in a more technical consideration.[29] In the end, we can see that both the SGS decision have left the concept of Umbrella clause on a very uneven ground by reaching at two different conclusions. In my opinion an umbrella clause provides much more confidence than a forum selection clause. The reason umbrella clause is preferred because it provides for the disputes to be resolved by a neutral tribunal as both the parties have equal say in the selection and appointment of the tribunals. whereas the forum selection clause requires that the dispute be resolved by a domestic court where the host state has an interest. This doesnt help to instil any confidence of the foreign investor in the domestic forum.[30] The SGS v Pakistan tribunal didnt take into consideration the entire jurisprudence of international law, had it vested far enough it would have realised that the jurisprudence states that contracts of aliens with a government are protected under international law, but only if there are not merely commercial, but have an e lement of governmental powers and prerogative.[31] The intention and aim of investment treaty are not to cover and protect normal commercial functions but rather the action of the government which may seem business like but are sovereign in nature. Had the tribunal delved and concentrated on this core aspect of international investment law it would have realised that the PSI contract involves the power of government (matter related to custom and revenue are the sovereign function of government and PSI agreement was a contract relating to the sovereign action of the Pakistan government) and it would have been able to assert jurisdiction without opening any floodgates. In my opinion when there is an umbrella clause, the parties should go ahead to give effect to the clause, however wide it is. The jurisprudence behind the umbrella clause is to give it a broad interpretation by literally reading it the way it is written. Further, if the argument given in the decision are carried to the extreme, it would invalidate not just the umbrella clause, but all BIT provisions. Conversely the host state should be the one to take the first step to allow the umbrella to take effect and raise the contract claim to treaty claim. Although this step would benefit both the parties, but the host state stands to gain from this action rather than loosing anything. My analogy is based on the assumptions that such an action would be beneficial to the host state, as it will be seen as a positive and pro-investment stance by other investors. The host state stand to benefit by way of a more hospitable, more attractive environment for foreign investment by the adoption of the BIT provisions such as clause like umbrella clause (also forum section clause). Another issue that arises is, reengaging with the clause of the BIT after the investment and that too after a claim has arisen, creates uncertainty in the global marketplace and this may will result in investor losing confidence in the host effecting loss of investment opportunity. In my conclusion, I complete agree with what Jarrod wong states, the language, history and purpose of umbrella clause dictates one reasonable interpretation that it applies to investment contracts without any exception and hence it should be enforced in case of any dispute in accordance with the partys agreement.[32] Moreover, a foreign investor enters an investment agreement with the host by drawing confidence from the BIT and its clauses should be applied as it is until and unless it is blatantly against any concept of international law. Some recent cases have tried to deal with the interpretation of the umbrella clause. while some went for the decision went for Broad, Unconditional Plain Meaning of the clause like SGS v. Paraguay[33] and EDF v. Argentina[34]. Those cases stuck to the concept that there should be a plain meaning buy some of them went for conditional plan meaning but none of the tribunal went ahead to clarify the confusion created by the SGS decision. We are slowly seeing a trend in the practice but far from reaching a conclusive finality. So, the present requirement is for ICSID to clarify on the umbrella issue that has cropped up because of the SGS decisions and the interpretation of the clause should be broad and literal as the jurisprudence related to the umbrella clause suggests. [1] Yuval Shany, Contract Claims Vs. Treaty Claims: Mapping Conflicts Between Icsid Decisions On Multisourced Investment Claims, The American Journal of International Law, American Society of International LawVol. 99, No. 4 (Oct., 2005), pp. 835-851 [2] Jarrod Wong, Umbrella Clauses in Bilateral Investment Treaties: Of Breaches of Contract, Treaty Violations, and the Divide between Developing and Developed Countries in Foreign Investment Disputes, 14 Geo. Mason L. Rev. 135 (2006). [3] ibid [4] Compania de Aquas del Aconquija, S.A. v. Argentina, Decision on Annulment, ICSID No. ARB/97/3, 41 ILM 1135, 1154 (2002). [5] SGS Societe Generale de Surveillance S.A. v. Pakistan, Decision on Jurisdiction, ICSID No. ARB/01/13 (Aug. 6, 2003), 18 ICSID REV. 301 (2003), 42 ILM 1290 (2003) [6] SGS Societe Generale de Surveillance S.A. v. Philippines, Decision on Jurisdiction, ICSID No. ARB/02/6 (Jan. 29, 2004) [7] Shany, (n1) [8] ibid [9] Cf Kalypso Nicolaidis Joyce L. Tong, Diversity or Cacophony? The Continuing Debate over New Sources of International Law, 25 MICH.J. INTL L. 1349, 1351 (2004) [10] Shany, (n1) [11] Ibid., pp. 835-851 [12] Lanco International Inc. v. the Argentine Republic (hereinafter Lanco), ICSID Case No. ARB/97/6, Preliminary Decision: Jurisdiction of the Arbitral Tribunal, 8 December 1998, 40 I.L.M. 457, 2001 [13] Ibid. [14] ibid., at para. 31. [15] Compania de Aguas del Aconquija S.A. and Vivendi Universal v. Argentine Republic (ICSID Case No. ARB/97/3, Decision on Annulment of 3 July 2002, 41 I.L.M. 1135, 2002, at para. 50. [16] ibid [17] ibid., at para. 54 [18] ibid., at para. 140 [19] SGS v Pakistan (n 5) at para 186 187 [20] United Nations Centre on Transnational Corporations, Bilateral Investment Treaties, UNCTC, 1988, at 39. [21] Christoph Schreuer, Travelling the BIT Route: of waiting periods, umbrella clause and Fork in the road, 5 J.W.I.T 2, 231 (2004) [22] ibid [23] Stanimir a alexandrov, Breaches of Contract and Breaches of Treaty: The Jurisdiction of Treaty-based Arbitration Tribunals to Decide Breach of Contract Claims in SGs v Pakistan and SGs v Philippines [2004] 5 J. World Investment Trade 55 [24] Emmanuel Gaillard, Investment Treaty Arbitration and Jurisdiction Over Contract Claims- the SGS Cases Considered in International Investment Law and Arbitration: Leading cases from the ICSID, NAFTA, Bilateral Treaties and Customary International Law, Tod Weiler Editor (2005).257, 2004, at 271-272 [25] alexandrov, (n 23) [26] SGS v Philippine (n 6) at para 126 [27] Stephen Schwebel, International Protection of Contractual Agreements (1959) A.S.I.L. Proc. 273 [28] ibid [29] Thomas W. Wà ¤lde, The Umbrella (or Sanctity of Contract/Pacta sunt Servanda) Clause in Investment Arbitration: A Comment on Original Intentions and Recent [2004] 1(4) TDM   1 [30] Wong, (n 2) [31] Schwebel, (n 24) [32] Wong, (n 2) [33] Socià ©tà © Gà ©nà ©rale de Surveillance S.A. v. Republic of the Philippines, ICSID Case No. ARB/02/6 [34] EDF International S.A., SAUR International S.A. and Leon Participaciones Argentinas S.A. v. Argentine Republic, ICSID Case No. ARB/03/23 Cocaine Addiction: History, Effects and Symptoms Cocaine Addiction: History, Effects and Symptoms Cocaine Addiction An Overview of Cocaine Addiction What is Cocaine? Cocaine is a stimulant drug that produces a greater effect of ‘high’ than other drugs such as methamphetamine. It comes in a form of white powder or crystal form with a bitter numbing taste. In general, the powder form is mixed with other materials such as talcum powder, icing sugar, cornstarch or other drugs such as amphetamine or procaine. Cocaine is derived from coca leaves, then processed into cocaine hydrochloride to produce the base of the drug which is develop into two forms recognized as crack and freebase. White crack typically comes in the shape of crystals varies in color from creamy or white to a transparent color with a yellow or pink tinge whereas freebase is the white crystalline powder form. Cocaine generally snorted through the nasal tissues hence absorbed into the bloodstream. Some people also rub the drug at their gums and swallowing it. Ways of ingesting it depends on the preference of the users, some want a rapid high sensation would inject it or inh ale it as a vapor or smoke. Cocaine is widely known by many names that includes pepsi, coke, crack, Charlie, base, sugar block and rock. Brief History Cocaine was once misclassified as a narcotic drug that depresses the nervous system. It is a powerful stimulant and indigenous natives chewed the coca leaves for boosts of energy. The natives believed it was given by the God and reserves the coca’s pleasure for royalties and high priests. In overtime, the coca leaves were spread to the common people. In 1860, the secret of the coca leaves caught the attention of a pharmaceutical company located in Germany. In the facility, the ancient coca leaf collided with modern chemistry and the drug’s active ingredients are isolated from coca’s chemical properties by chemist, Albert Niemann. After the chemical isolation, a crystal substance is formed and it was named Cocaine which derives from â€Å"coca† and the alkaloid suffix â€Å"-ine†. Niemann stripped the leaves of its mono rating substances and unknowingly created the world’s most addictive drug. How it is used? There are four common ways of ingesting cocaine which are oral, intravenous, intranasal and inhalation. In other street terms it is called chewing, injecting or mainlining, snorting and smoking. Intravenous use is a method of using a hypodermic needle to inject cocaine directly into the bloodstream causing instant intense effect to the user. Whereas intranasal administration is the process of snorting powdered cocaine through the external opening of the nose. Smoking cocaine requires breathing in the smoke or vapor of a burning cocaine into the lungs where the effects are sucked up into the bloodstream to create instantaneous euphoric high as such injecting cocaine. Users should be aware that there are absolute no safe way of using cocaine as the listed methods of using the drug result in absorption of toxic amounts of cocaine, cerebrovascular emergencies, acute cardiovascular and seizures that can to sudden death. Effects on the brain Cocaine activates norepinephrine, dopamine and serotonin, chemicals that stimulates movements, excitement and feelings of pleasure. Normally, when you get excited, startle, and frighten the brain makes you react in order to get out from harm’s way. Cocaine works in the similar way in the brain automatically without you needing it to occur. This addictive drug is a powerful central nervous system stimulant that stimulates the growth of neurotransmitter dopamine in the brain which is responsible to regulate movement and pleasure. Generally, dopamine is freed by neurons in response to potential rewards and reprocess back into the cell that freed it and eventually shutting off signals in linked with neurons. Cocaine stops the dopamine from being reused thus leading to excessive number of dopamine to develop in the synapse. This process causes amplification of the dopamine signals and eventually disrupts standard brain communication. The overflow of dopamine is the main cause of cr eating the cocaine’s euphoric high. Constant heavy usage of the cocaine can cause permanent long-term modification of the brain’s reward system and also other systems of the brain. Effects on the lungs Smoking cocaine is the main contribution to the majority lung and breathing complications. Users smoke crack, freebase or paste by using water pipes, glass pipes or cigarettes, heated using matches or butane lighters. Residue from the cocaine contaminants, matches, tars and additives as such marijuana usually causes chronic coughing, bronchitis, and coughing black phlegm thus leading to multiple chest pain and shortness of breath. The practice of breath holding and deep inhalation technique maximizes the volume of cocaine inhaled and the absorption and can cause collapsing of the lung. At times, users often express sharp pains in the chest area due to deep breathing, neck pain, painful swallowing and buildup of air under the skin located at the neck area called subcutaneous emphysema, which has a feature of crackling touch sensation similar to Rice Krispies cereal. In addition, smoking cocaine can also cause pulmonary edema, a condition of the lung being filled with fluids that can c ause severe shortness in breath, respiratory failure and later death. Effects on the heart Cocaine stimulates the sympathetic nervous system that is mainly responsible for the fight response function which is controlled mostly by epinephrine or adrenaline. Increased of heart rates, high blood pressure and narrowing of blood vessels are the effects of using cocaine. Other type of cardiovascular complications that are caused by cocaine include rapid heart rate and abnormal heart rhythms known as cardiomyopathy. Cardiomyopathy is a disease that weakens the walls of the aorta and causes aortic dissection and rupture of the heart muscle. Repeated use of cocaine can also cause narrowing in the arteries of the heart that can lead to the decrease of blood flow in the heart organ thus causing symptoms of angina, where heart muscles are deprived of oxygen-rich blood that usually cause death of heart tissues and heart attack. In addition, cocaine is also responsible for subsequent narrowing and accelerated hardening of the coronary arteries of the heart which results in heart attacks and cardiac deaths among users from the age of 19 to 44 years of age. Signs of Cocaine Abuse Addiction Cocaine is a drug that is highly addictive and interferes how the brain processes chemicals responsible for the feelings of pleasure. Users who are addicted to cocaine will lose control over the usage of the drug. Strong urges of need for the drug emerge from time to time although most users know the consequences after taking it. Here are some signs of cocaine addiction: Mood Swings The drug cocaine causes addicts to â€Å"crash† when they decide to quit. The term crash refers to moments where the addict’s mood swings changes rapidly from high to distress which causes addicts to continue taking it in order to feel normal. Excess of using the drug may lead to addiction. Withdrawal symptoms Addicts who are addicted to cocaine may show withdrawal symptoms of the drug. Withdrawal symptoms may include hunger, depression, suicidal thoughts, intense cravings, extended sleep or restless sleep, irritability and exhaustion. Abusing cocaine will seem the easy way out to not experience any withdrawal symptoms thus bringing the addict back to relapsing the drug. Change in Behavior If an addict abuses cocaine, their behavior will dramatically change after using the drug. The addict may seem happy or excited and acts more confidently to display an enthusiastic sense of well-being. Addicts also may appear talkative than usual, sexually excited, energy levels increased and loss of food appetite. Eye Changes The most obvious signs of abusing cocaine is the addict’s eyes. The pupil of their eyes are dilated and overly sensitive to light. The pupil is the black part in the eye and usually will constrict when there is light shone into it and get bigger when the presence of light is gone. Cocaine causes the addict’s pupils to dilate or get bigger than its usual size. Nasal Effect Other signs of cocaine addiction include nasal effects. Cocaine addicts usually have runny noses and nose bleed after prolonged use of the drug. Cocaine is heavily snorted through the nasal passages resulting narrowing in blood vessels which can cause blood pressure to increase and decrease in blood flow to the nasal cavity tissues. Without the right amount of blood supply to the nasal cavity tissues, the normal function of the nose may undergo massive damages such as loss of sense of smell and overall health may also be affected. Family members and loved ones should also be on the look-out for traces of white colored powder around the addict’s nose as an indication of cocaine abuse. Skin Effect Another sign of cocaine abuse is scratching of the skin. Cocaine users typically experience irritating crawling feelings under the skin. This crawling feeling is known as ‘snow bugs’ or ‘cocaine bugs’. Addicts describe the feeling of cocaine bugs as burning, itching, biting and creeping. Some addicts will tend to always scratch their skin until it bleeds to ease the irritation. Keep an eye for small bleeding wounds and formation of scabs on your loved ones to identify the abuse of cocaine. Over-Heating Regular cocaine addicts will always find themselves sweating excessively due to dramatic increase of the body temperature. Addicts may also hallucinate and feel agitated, confused and paranoid easily. Family members should notice behaviors of their loved ones such as constant pulling off their clothes or tries to cool down the body with cold showers, wandering the streets without reasons and violent behaviors as signs of cocaine addiction. Treating Cocaine Addiction Without proper treatment, cocaine addiction and abuse can lead to destructive injuries and irreversible harm. In due course, similar to other substance addiction it will cause overdose, accidents, chronic health issues and death. At Solace Sabah, we offer the latest drug recovery program that incorporates cutting edge psychotherapies, modern medicines, committed aftercare, family integration and customized treatment plans. Every client will be provided with thorough and effective care for even the worst possible case of drug addiction. If you find your loved one is relying highly on cocaine and powerless to stop using the drug, treatment and immediate intervention are their best option for a chance to live a healthy life again. Contact us today at Solace Sabah to gain an understanding on how our in-depth addiction treatment program can help your loved ones to start the recovery journey.

House of Sand and Fog Essays -- essays research papers

I read House of Sand and Fog by Andre Dubus III. This story is one of classic tragedy which also contains a nearly unbearable amount of suspense. It tells a story of the conflict between people of different races who have an inability to understand each other. They each want possession of a small house in the California hills but for very different reasons.   Ã‚  Ã‚  Ã‚  Ã‚  On one side, there is Kathy Nicolo and Sheriff Lester Burdon who want the house from which Kathy was evicted. It previously belonged to Kathy’s father and she is reluctant to relinquish possession of it. Then there is the Behranis, a Persian family who was forced to flee to America in fear of their lives. They want the house because it symbolizes their rise from poverty (they had to leave everything behind and were quite poor when they arrived in the United States) back to affluence which, to this family, will help to restore their family’s dignity, lost when thrust into poverty. The story centers on gaining possession of the house. Unknowingly, all of these characters are doomed to tragedy by their inability to understand each other, hurtling down an explosive collision course.   Ã‚  Ã‚  Ã‚  Ã‚  The main characters in this story are Sheriff Lester Burdon, Kathy Nicolo, Massoud Amir Behrani, Mrs. Behrani, and their son, Esmail Behrani. Lester has a very soft spot in his heart for battered and abandoned women, an outlook that Burdon attributes to his father's having left his mothe...

Experiment In Pupilometry :: essays research papers fc

Introduction: Pupilometry is the study of how a pupil reacts to different emotions and stimuli. The research on the topic of pupilometry is scattered and fairly shallow. Related research has been conducted on facial expressions and their reaction and relation to emotion. There are some relationships to the facial expression research and pupilometry, but these relationships do not tell the whole story. Some interest has been brought up through research in the field of pupilometry and its predictive powers on emotion. Pupilometry has to do with the dilation and contraction of the pupil relative to the stimulus or emotion being studied. In the early stages of pupil dilation research, there was intrigue as to the response of the pupil to emotional situations. That focus shifted toward information processing, and soon emotional studies were completely ignored. One emotional study that was done questioned whether pupil size change, as a response to seeing nudity, was a general indicator of arousal. Fifty women and fifty-seven men of the heterosexual college student variety, with a mean age of 21.4 years were studied. Results of that experiment indicated that pupils did dilate significantly more for nude test group than they did for the clothed group, regardless of the sex of the subject or the sex of the pictured person. It was the study’s conclusion that the pupils dilated because of the increased emotional presence of arousal (Aboyoun and Dabbs 1998). Often, the eyes are poetically quipped as â€Å"the window to your soul†, â€Å"mirror of you heart†, or â€Å"the gauges showing fleeting feelings and changes† (Whiteside 1974). It has been studied that facial expressions can be inhibited by cognitively trying to hide them. In a study by Ursula Hess and Robert E. Kleck, spontaneous vs. deliberate facial emotions were studied. It was concluded that people could deliberately control facial expression. Pupil reaction on the other hand is not controllable by cognitive means. The dilation and contraction of the pupils is an involuntary response based on reaction to stimulus and or emotion. Even if a person tried to hide their reaction to some stimulus physically, the size of the pupil could still be measured to observe a person’s reaction to a situation (Hess, U. and Kleck 1997). Eckhard Hess states in his book that normal reactions to the emotion â€Å"happy† should indicate significantly larger pupil size than the emotion â€Å"mad†. He goes on to suggest that large doe-eyed pupils are seen as happy, and small beady-eyed pupils are seen as mad (Hess, E.

Essay --

Told by a charming priest and kindly man, The Nun’s Priest’s Tale is a beast fable in Chaucer’s genius framed narrative, The Canterbury Tales. Written in the late 14th century, The Nun’s Priest’s Tale is a fable about an all too egotistic rooster named Chanticleer who dreams of his impending doom which takes the form of a beast. Deeply troubled, he seeks the consolation of other wise barn animals and his favorite wife, Pertelote. Being a beast fable, the Nun’s Priest mocks the Court World by lowering nobles to the level of animals to be mocked. As this fable displays that animals act like humans is to also imply that humans, namely people of the court, act like animals. Using the technique of a mock-heroic tale, the Nun’s Priest takes a trivial event and elevates it to a climatic story in an almost comic way. When the fox runs off with Chanticleer clenched in his jaws, the entire scene is narrated with elevated and sophisticated language used in many epics to enhance the climatic tones and spectacular actions taking place. By using intricate language to describe a fox snatching a rooster in a barnyard, the tale is given a very comical and ironic tone. The chase is described as, â€Å"O Geoffrey, thou my dear and sovereign master Who, when they brought King Richard to disaster And shot him dead, lamented so his death, Would that I had thy skill, thy gracious breath, To chide a Friday half so well as you! (For he was killed upon a Friday too.) Then I could fashion you a rhapsody For Chanticleer in dread and agony† (Chaucer, 228). By comparing this chase to King Richard the III and his death at the Battle of Bosworth Field suggests the Nun’s Priest’s mocking and comic absurdity of the situation. In doing so, the Nun’s Priest and possibl... ...ght. The phrases such as â€Å"redder than fine coral† or â€Å"battlemented like a castle wall† and â€Å"burnished gold† evoke the image of a knight in shining armor. The color azure is â€Å"one of the five standard colors in coats of arms† (asur, Middle English Dictionary Entry). This establishes his appearance as a person from the court. Thus, the prideful and charming Chanticleer is representative of the egocentric values of the court world that the Nun’s Priest is ridiculing. The irony of this tale is blatant. The highly philosophical intellect of the roosters and hens represents the ideals of the court world that is derided by having the setting as a barnyard. The Nun’s Priest is using this beast fable as a moral story of warning. The court world is insulted by the pointing out of its flaw: treachery through flattery. Chaucer himself could be criticizing the court of its fault.

Hannah’s Prayer

DALLAS BAPTIST UNIVERSITY OT NARRATIVE LITERATURE: 1 Samuel 1:1-28 BIBLE STUDY SUBMITTED TO DR. BLACKABY IN PARTIAL FULFILMENT OF THE REQUIREMENTS FOR THE COURSE APPLIED HERMENUTICS THEO 5313 01 GRADUATE SCHOOL OF LEADERSHIP BY Glenda Juarez DALLAS, TEXAS February 19, 2013 Outline for the bible study * Introduction * Context of the Bible Study * Literary Context * Historical Context * Characters * Content of the Bible Study * Exegetical Notes * Theological Principles Application of the Bible Study * Bibliography INTRODUCTION 1 Samuel is one the two books that have his name, the firsts chapters describes event as his birth, his childhood, his calling and develops his important place in history as a prophet to introduce people like Saul and David that will mark the history of Israel in such a great way. We are focusing on the first chapter of 1 Samuel, which shows us the background of Samuel’s birth through his father Elkanah and his mother Hannah.Scholars agree that is not reve aled with precision the author of 1 and 2 Samuel, but according to the Scriptures is believed that the prophets Samuel, Nathan and Gad were authors of these wonderful events in the history of the Bible. Samuel became a man of God used for his glory, but before this happened, he was consecrated by his mother Hannah, a woman of God and faith. This first chapter will help us to learn from each character in this passage and to apply principles and to give steps of faith in our own lives. CONTEXT OF THE BIBLE STUDY Literary Context: The first chapter of 1 Samuel opens the introduction of a family, of a woman who is added to the list of many other women in the Bible that could not have children. The main character in this chapter is Hannah, a woman deeply broken for not having children. * The first chapter of 1 Samuel follows Judges. â€Å"The last chapters of the book of Judges, with their refrain, there was no king in Israel, (Jdg. 21:25) prepares the way for new developments in Israel ’s leadership†. * The time at Israel was crucial in history because it was transitioning from the rule of the judges, for they did whatever the want to do. Israel felt the need of who would unite tribes, have an effective standing army, and be a match for those who led their enemies to victory† * Israel was struggling with the different opinions of the people they were asking and desiring for a king to reign over them, and here comes in the story the leadership of Samuel who years after with God’s authority was going to set a man as the King. * Samuel’s birth opened the new era of monarchy. Historical Context * It is though that the story takes place in the â€Å"era of the Judges†, but introducing new characters that will be develop in the two books of Samuel. Based on David Toshio, he mentions: â€Å"It was not until ca. 1200 B. C. that iron technology influences every phase of life. With this as the historical background, the First Book of Samuel begins. † * Toshio agrees with Baldwin that the first book of Samuel is placed in the â€Å"period of the judges†, probably in the mid-eleventh century. Characters: * Elkanah: Man from Ramathaim, who had two wives. A man that yearly offered sacrifice to worship the Lord. (v. 3) * Hannah: Wife of Elkanah who loved her and which had no children. (v. 5) * Peninnah: one of Elkanah’s wife. A jellous woman who provoked Hannah to irritate her. v. 6) * Eli: Priest that talked to Hannah, who thought she was drunk, but who believes that God answer prayers. (v. 18) * Hophi and Phineas: Two sons of Eli that were priests in Shilo. (v. 3) * Samuel: Meaning: â€Å"Because I asked the Lord for Him†. (v. 20) The son of Hannah and Elkanah, a gift from God dedicated to him, a man who years later established kingship in Israel. Places * Ramathaim-Zophim (Ramah): means â€Å"high† * Shiloh: city that was twelve milles far away from Ramah, place where Elkanahâ₠¬â„¢s family offered sacrifices to God every year. CONTENT OF THE BIBLE STUDY Exegetical Notes * v. A man from Ramathaim; Elkanah the ephramite. â€Å"The phrase ‘the Ephrathities’: can refer either to ‘those hailing from Ephrath’ or ‘Ephraimites,’ members of the northern tribe of Ephraim† (Jdg 12:5). Toshio relates Elkanah as an ephramite but that he might have been of bethelehemite stock rather than being ephramite even he lived in the hill country of Ephraim. * v. 2, 5 Elkanah had two wives. In Israel was acceptable under certain circumstances, when his first wife failed to have children. This was the case of Elkanah, he married Hannah for love, and this love persisted even she did not have children. * v. -4 There was a yearly action that Elkanah and his family did. â€Å"Elkanah’s inclination and ability to take his family on an annual pilgrimage to Shiloh suggest that he was pious and also a man of some substance†. Elk anah seemed to be fair with his family. * v. 6-8 Peninnah was her tormentor, she was jealous and provoked Hannah in despite Elkanah love her. For women in the ancient Israel the honor and reputation was measured by the amount of children they had. It was hard for Hannah to deal with her situation plus the rivalry of Peninnah, she probably felt ashamed of before Peninnah’s attitude, she felt unuseful as Elkanah’s ife, and she wept for her sorrow and for the desire of any woman in the world. * v. 9-11 â€Å"I will give him to the Lord† suggests that Hannah that God has all the power to open the womb. â€Å"Hannah took the opportunity to pray† she had no hesitation, she did not realize Eli was there, her desperation, her cried, her sorrow moved her to pray and express to God what she was going through. She dedicated her son, the thing she was asking a son, and she made a vow to God. â€Å"Vow accounts are always prayers and they follow a typical order.By ma king the vow the worshipper enters into a binding relationship with God† â€Å"The sentence I will give him to the Lord has a performative force; it shows not only that Hannah promises it but also that she has already given him by faith† * v. 12-18 It begins a dialogue with Eli, her agony captures the attention of Eli that he thought she was drunk. Can you imagine that picture? Have you prayed in that way? â€Å"The expression pouring out my soul denotes not simply an inward state of one’s heart or mind but an involvement of the whole being† Hannah responds to Eli in a positive way, after we see in v. she did not want to eat because of her pain and sadness she left and she ate v. 18 She was deeply encouraged because of the words Eli told her which she took them as God’s promise. * v. 19 The next morning they arose and worshipped before the Lord. â€Å"Though the family made an early start, they worshipped before the setting off for home. The Lord r emembered Hannah, as he had remembered Noah (Gen 8:1), and his suggest covenant with Abraham, Isaac and Jacob (Ex. 2:24), not to suggest that his memory was faulty but to indicate that He was about to work out his unfolding purpose† * v. 0 Hannah named her son: SAMUEL â€Å"Because I asked the Lord for him†. These were the words Hannah said when she named her son. However scholars agree that this meaning will go better with the name of Saul, and that the meaning of Samuel comes from â€Å"the Name of God† * v. 21-25 â€Å"Samuel was probably about three years old before he was taken to the house of the Lord at Shiloh† Elkanah and Hannah returned Samuel to God, and the boy ministered to the Lord before Eli (1 Sam 2:11) * v. 26-28 Here the dedication of Hannah is completed and irrevocable.Hannah worshipped God and recognized the gift He gave her, recognized His power to answer her prayer and dedicated his son to the Lord. Theology Principles * â€Å"The con sistent worship offered by Elkanah and his family year by year set a positive example of faithful and godly living† * Hannah’s pain took her to pray and seek God’s answer of love. * God turns our sorrows to joy and peace. * A vow to God, talked about Hannah’s faith and trust in the Lord. * Fulfilling a vow reflects Obedience. * Hannah’s prayer could be a selfish prayer, but when things come from God, He answers to take all the Glory and Honor.APPLICATION OF THE BIBLE STUDY It is amazing how the study of the Scriptures takes you to know things that maybe sometimes we do not think about them. Hannah’s is the main character in this passage, her faith in the Lord, her honest prayer the way she pours out her broken heart before God, and how God works for us to give him the glory. I will mention some applications I found through this Bible Study: * As humans we will have to deal with people that will provoke, and through Hannah’s attitude we need to be controlled and not respond them in the same way and be humbled because God exalts the humble and listen to him. Psalms 10:17) * The Lord closed Hannah’s womb (1 Sam 1:5); there are things that God has set already in our lives in which He has the control over them, but Hannah fought against her situation, self-esteem, and the mockery and thoughts the people had about her, we will face hard sad and desperate moments in life, but we need to be ready to fight and to know the value we have in God, no matter our situation. * Cry out to our God in perseverance. (v. 11) God will respond. (Jer 33:3) * Give a step in faith and make a vow to God.He will receive you. (Heb 11:6) * Worship, worship, worship! In bad in good, in trouble in peace. Worship Him, Hannah worshipped him in her agony but also worshipped God when He provides and satisfied the desires of her heart. * Value the people is on your side, Elkanah was a good man that loved Hannah in every situation, open your e yes and love the people that has been with you in the happy and hard moments of your life. * Hannah was a great model of person, recognize always the sovereing and the power that only God has. BIBLIOGRAPHY . Baldwin, Joyce G. , 1 and 2 Samuel An Introduction And Commentary (England: Inter Varsity Press, 1988) 2. Toshio Tsumura, David The First Book of SAMUEL (Michigan: William B. Eerdmans, 2007) 3. Buttrick, George Arthur et al. , The Interpreter’s Bible The Holy Scriptures (Nashville: Abingdon Press, 1953) 4. Cartledge, Tony W. Smyth & Helwys Bible Commentary 1 & 2 Samuel (Georgia: Smyth & Helwys, 2001) 5. Allen, Clifton J. The Broadman Bible Commentary Volume 3 1 Samuel-Nehemiah (Tennessee: Broadman Press, 1970) ——————————————- [ 1 ]. Joyce G. Baldwin, 1 and 2 Samuel An Introduction And Commentary (England: Inter Varsity Press, 1988), 49 [ 2 ]. Ibid. , 49 [ 3 ]. Ibid. , 50 [ 4 ]. David Toshio Tsumura The First Book of SAMUEL (Michigan: William B. Eerdmans, 2007), 34 [ 5 ]. Ibid. , 103 [ 6 ]. George Arthur Buttrick et al. , The Interpreter’s Bible The Holy Scriptures (Nashville: Abingdon Press, 1953), 876 [ 7 ]. Toshio Tsumura, 107 [ 8 ]. Tony W.Cartledge Smyth & Helwys Bible Commentary 1 & 2 Samuel (Georgia: Smyth & Helwys, 2001), 27 [ 9 ]. Clifton J. Allen The Broadman Bible Commentary Volume 3 1 Samuel-Nehemiah (Tennessee: Broadman Press, 1970), 13 [ 10 ]. Toshio Tsumura, 114 [ 11 ]. Cartledge, 27 [ 12 ]. Buttrick et, all. , 880 [ 13 ]. Baldwin, 52 [ 14 ]. Cartledge, 32 [ 15 ]. Toshio Tsumura, 118 [ 16 ]. Ibid. , 121 [ 17 ]. Ibid. , 122 [ 18 ]. Baldwin 53 [ 19 ]. Buttrick et al. , 881 [ 20 ]. Allen, 15 [ 21 ]. Buttrick et al. , 882 [ 22 ]. Baldwin, 52

Optimism Definition Essay

Optimism is a mental attitude or world view that interprets situations and events as being best (optimized), meaning that in some way for factors that may not be fully comprehended, the present moment is in an optimum state. The concept is typically extended to include the attitude of hope for future conditions unfolding as optimal as well. The more broad concept of optimism is the understanding that all of nature, past, present and future, operates by laws of optimization along the lines of Hamilton’s principle of optimization in the realm of physics. This understanding, although criticized by counter views such as pessimism, idealism and realism, leads to a state of mind that believes everything is as it should be, and that the future will be as well. A common idiom used to illustrate optimism versus pessimism is a glass with water at the halfway point, where the optimist is said to see the glass as half full, but the pessimist sees the glass as half empty. The word is originally derived from the Latin optimum, meaning â€Å"best.† Being optimistic, in the typical sense of the word, ultimately means one expects the best possible outcome from any given situation. This is usually referred to in psychology as dispositional optimism. Researchers sometimes operationalize the term differently depending on their research, however. For example, Martin Seligman and his fellow researchers define it in terms of explanatory style, which is based on the way one explains life events. As for any trait characteristic, there are several ways to evaluate optimism, such as various forms of the Life Orientation Test, for the original definition of optimism, or the Attributional Style Questionnaire designed to test optimism in terms of explanatory style. While the heritability of optimism is largely debatable, most researchers agree that it seems to be a biological trait to some small degree, but it is also thought that optimism has more to do withenvironmental factors, making it a largely learned trait.[1] It has also been suggested that optimism could appear to be a hereditary trait because it is actually a manifestation of combined traits that are mostly heritable, like intelligence, temperament and alcoholism.[2] Optimism may also be linked to health. Explanatory style Explanatory style is different, though related to, the more traditional, narrower definition of optimism. This broader concept is based on the theory that optimism and pessimism are drawn from the particular way people explain events. There are three dimensions within typical explanations, which include internal versus external, stable versus unstable, and global versus specific. Optimistic justifications toward negative experiences are attributed to factors outside the self (external), are not likely to occur consistently (unstable), and are limited specific life domains (specific). Positive experiences would be optimistically labeled as the opposite: internal, stable, global.[4] There is much debate about the relationship between explanatory style and optimism. Some researchers argue that there is not much difference at all; optimism is just the lay term for what scientists call explanatory style.[5] Others argue that explanatory style is exclusive to its concept and should not be interchangeable with optimism.[6][7] It is generally thought that, though they should not be used interchangeably, dispositional optimism and explanatory style are at least marginally related. Ultimately, the problem is simply that more research must be done to either define a â€Å"bridge† or further differentiate between these concepts. Philosophy Philosophers often link concept of optimism with the name of Gottfried Wilhelm Leibniz, who held that we live in the best of all possible worlds, or that God created a physical universe that applies the laws of physics, which Voltaire famously mocked in his satirical novel Candide. The philosophical pessimism of William Godwin demonstrated perhaps even more optimism than Leibniz. He hoped that society would eventually reach the state where calm reason would replace all violence and force, that mind could eventually make matter subservient to it, and that intelligence could discover the secret of immortality. Much of this philosophy is exemplified in the Houyhnhnms of Jonathan Swift’s Gulliver’s Travels. Panglossianism The term â€Å"panglossianism† describes baseless optimism of the sort exemplified by the beliefs of Pangloss from Voltaire’s Candide, which are the opposite of his fellow traveller Martin’s pessimism and emphasis on free will. The phrase â€Å"panglossian pessimism† has been used to describe the pessimistic position that, since this is the best of all possible worlds, it is impossible for anything to get any better. The panglossian paradigm is a term coined by Stephen Jay Gould and Richard Lewontin to refer to the notion that everything has specifically adapted to suit specific purposes. Instead, they argue, accidents and exaptation (the use of old features for new purposes) play an important role in the process of evolution. Some other scientists however argue the implication that many (or most) adaptionists are panglossians is a straw man. Why People Believe Weird Things: Pseudoscience, Superstition, and Other Confusions of Our Time Michael Shermer relates Frank J. Tipler to Voltaire’s character Pangloss to show how clever people deceive themselves. Shermer explores the psychology of scholars and business men who give up their careers in their pursuit to broadcast their paranormal beliefs. In his last chapter, added to the revised version, Shermer explains that â€Å"smart people† can be more susceptible to believing in weird things. Optimalism Optimalism, as defined by Nicholas Rescher, holds that this universe exists because it is better than the alternatives.[8] While this philosophy does not exclude the possibility of a deity, it also doesn’t require one, and is compatible with atheism.[9] The positive psychologist Tal Ben-Shahar uses optimalism to mean willingness to accept failure while remaining confident that success will follow, a positive attitude he contrasts with negative perfectionism.[10] Perfectionism can be defined as a persistent compulsive drive toward unattainable goals and valuation based solely in terms of accomplishment.[11] Perfectionists reject the realities and constraints of human ability. They cannot accept failures, delaying any ambitious and productive behavior in fear of failure again. [12]This neuroticism can even lead to clinical depression and low productivity.[13] As an alternative to negative perfectionism Ben-Shahar suggests the adoption of optimalism. Optimalism allows for failure in pursuit of a goal, and expects that while the trend of activity will tend towards the positive it is not necessary to always succeed while striving to attain goals. This basis in reality prevents the optimalist from being overwhelmed in the face of failure.[10] Optimalists accept failures and also learn from them, which encourages further pursuit of achievement.[14] Dr. Tal Ben-Shahar believes that Optimalists and Perfectionists show distinct different motives. Optimalists tend to have more intrinsic, inward desires, with a motivation to learn. While perfectionists are highly motivated by a need to consistently prove themselves worthy. Assessment Life Orientation Test (LOT) Designed by Scheier and Carver (1985), this is one of the more popular tests of optimism and pessimism. There are eight measurements (and an additional four filler items), with four positively (â€Å"In uncertain times, I usually expect the best†) and four negatively (â€Å"If something can go wrong for me, it will†) worded items.[15] The LOT has been revised twice–once by the original creators (LOT-R) and also by Chang, Maydeu-Olivares, and D’Zurilla as the Extended Life Orientation Test (ELOT). All three are most commonly used because they are based on dispositional optimism, which simply means expecting positive outcomes.[16] Attributional Style Questionnaire (ASQ) This questionnaire created by Peterson et al. (1982) is based on the explanatory style definition of optimism. It lists six positive and negative events (â€Å"you have been looking for a job unsuccessfully for some time†), and asks the respondents to record a possible cause for the event and rate the internality, stability, and globality of the event.[17] An optimistic person is one who perceives good things happening to them as internal, stable, and global. There are several modified versions of the ASQ including the Expanded Attributional Style Questionnaire (EASQ), theContent Analysis of Verbatim Explanations (CAVE), and the ASQ designed for testing the optimism for children.[16] Health Research has emerged showing the relationships between several psychological constructs and health. Optimism is one of these concepts and has been shown to explain between 5–10% of the variation in the likelihood of developing some health conditions (correlation coefficients between .20 and .30),[18] notably including cardiovascular disease,[19][20][21][22][23] stroke,[24]depression,[25][26] and cancer.[21][27][28] Furthermore, optimists have been shown to live healthier lifestyles which may influence disease. For example, optimists smoke less, are more physically active, consume more fruit, vegetables and whole-grain bread, and consume more moderate amounts of alcohol.[29] The relationship between optimism and health has also been studied with regards to physical symptoms, coping strategies and negative affect for those suffering from rheumatoid arthritis, asthma, and fibromyalgia. It has been found that among individuals with these diseases, optimists are not more likely than pessimists to report pain alleviation due to coping strategies, despite differences in psychological well-being between the two groups.[30] A meta-analysis has confirmed the assumption that optimism is related to psychological well-being: â€Å"Put simply, optimists emerge from difficult circumstances with less distress than do pessimists.†[31] Furthermore, the correlation appears to be attributable to coping style: â€Å"That is, optimists seem intent on facing problems head-on, taking active and constructive steps to solve their problems; pessimists are more likely to abandon their effort to attain their goals.†[31] It should be noted that research to date has demonstrated that optimists are less likely to have certain diseases or develop certain diseases over time. By comparison, research has not yet been able to demonstrate the ability to change an individual’s level of optimism through psychological intervention, and thereby alter the course of disease or likelihood for development of disease.

Customized Elarning Theory

Not to mention that there as little research done during the earlier years of Pigged, Bigotry, and his colleagues involving children with disabilities or mixed ability groups. Most of the research was focusing mainly on social and cognitive development. For the sake of this essay the learning theory Introduced will be called, The Development of the Well Rounded Child. This theory takes Into account not only the cognitive and social development of a child but also the mental, physical, moral and spiritual. In order for a child to develop in every area, educators must acknowledge that there is more to education and learning than â€Å"book† smarts.Children need to develop social skills as well as mental. Physical education is also very vital to the overall health off child. There also needs to be a certain amount of moral stability Instilled Into each student. Even If education Is taking place In a public classroom, teachers can model their Christian faith. According to Derrick Bell, we must recognize and acknowledge (at least to ourselves) that our actions are not likely to lead to transcendent change and, despite our best efforts, may be of more help to the system we despise than to the victims of that system that we are trying to help. Bell, D. 004, 192) First let's take a look at Visigoths theory. He focused on the connections between people and coloratura context In which they act and Interact in shared experiences. (Crawford, 1996) Visigoths theory Implies that students play an active role in the learning process. Pavlov introduced the theory of Classical Conditioning. Classical Conditioning is described as a reflexive or automatic type of learning in which a stimulus acquires the capacity to evoke a response that was originally evoked by another stimulus. (www. Learning-theories. Com) Albert Bandeau is known for evolving the Social-Learning Theory.This theory states that people learn through observing the behavior of others, their attitudes, and out comes of those behaviors. This theory, according to Bandeau, explains human behavior In terms of continuous reciprocal interaction between cognitive, behavioral, and environmental influences. (Bandeau, 1977) Erickson is known for the theory of Personal and Social Development. The theory of Personal and Social development states that people pass through eight psychosocial stages in their lifetime. At each stage, there are crises or critical issues to be resolved.His theory emphasizes the role of the The stages are played out in constant interactions with others and with society as a whole. (Slaving, 2009) Pigged on the other hand is widely known for his theory of Cognitive and Moral Development. Piglet's theory proposes that a child's intellect or cognitive abilities progresses through four distinct stages. Each stage is characterized by the emergence of new abilities and ways of processing information. He also believed that moral development developed in predictable stages. (Slaving , 2009) Lastly, Goldberg is known for his Stages of Moral Reasoning.He proposed that people pass through six stages of moral Judgment. Like Pigged, Goldberg studied how children (and adults) reason about rules that govern their behavior in certain situations. (Slaving, 2009) All of these theorists had good ideas and each one proved a valid point but none of them, or any other ones since, have taken into account that children need to learn social skills as well as regular subjects such as reading, writing, math, history. None of the theorists have taken into account that technology would play such a vital role in education. Computers have opened up a whole new oral to students and teachers.Research is easier to do and faster to accomplish. The internet has made access to learning about other countries and subject matter literally at our finger tips. Part of being an effective teacher is knowing what types of students are in our class and helping them build relationships with their cl assmates and others. According to Venerable, teachers should care about their students. That means that they not only create a warm and supportive tone in their classroom but that they also provide an environment in which students will develop their talents to make a costive contribution to the classroom and to their future life contexts.Caring has both interpersonal and curricular implications, and they must complement each other. (Venerable, 2009) In order for a teacher to motivate the students, that teacher has to create the warm and inviting environment discussed earlier. There are times when direct instruction is necessary to achieve a desired goal. For example: when introducing a new subject to the class or reviewing for a test, direct instruction will help the teacher recognize if the students have learned the material that was taught. Classroom management can also be more easily attained if the right learning environment has been established.The best type of learning environ ment is one that allows the students to interact with the teacher and each other. Today technology has made it easier for teachers to teach at all different levels in one classroom and still have the control necessary to allow learning to take place. Computers, The Elm, voice amplifiers are Just a few of the new types of technology in the classroom today that have helped teachers be able to introduce material in creative and fun ways. This type of technology has allowed the classrooms to be filled with children from diverse ability groups.Students with learning disabilities can work at their own level and not hinder the rest of the class. Each child can have an opportunity to learn from another regardless of educational level if a well rounded learning theory is in practice. Teachers have adopted the idea of using centers in their classrooms to help students with learning disabilities stay on track with the rest of the class. By splitting the subject matter into centers the students can move from one area to the f teaching is self motivated and can be accomplished by anyone. According to Venerable, learning and teaching must take place in humble dependence on God.Schools are for learning. Teaching intends to promote learning, but learning also takes place through experience and individual study. A major aim of Christian teaching and learning is to discover God's laws and apply them in obedient response to God. The key point of this learning process is that teaching and learning points to God as the Creator and Sustainer of all reality, including the norms of human life. Venerable,2009) Van Bremen stated the learning process best by breaking it down into four categories. He stated that as we plan for learning, we develop knowledge-that, which depicts what we grasp and understand.Second we develop knowledge-how, which consists of our skills and abilities. Third we develop knowledge-why, which refers to the beliefs and values that guide our attitudes, disposition s, and actions. Finally we develop knowledge- with, which helps us form healthy relationships. (Venerable,2009) While creating my personalized learning theory I reflected back on my study skills inventory one and two, my learning styles inventory, and my BPML. As a teacher one of the most important aspects of my Job will be determined by my decision making processes.What type of lesson I plan, how I will present the lesson, what activities to include, time-line to use and many other aspects will need to be considered. The ASS' helped me look back at the areas I am weak in and evaluate what needs to be improved. As I reflect on the different learning styles that are currently being taught I see a great need for educators to create a new learning theory, like the one Vive introduced, that will address the whole child. As educators we are responsible for making sure that our students leave our class better than they came. They need to have matured spiritually, mentally, emotionally and even physically.In conclusion, although there have been some great psychologist and educators providing valid research and theories for learning and behavior development, none of them have been able to address all areas of learning in one theory. As educators our main goal should be to make sure students we are responsible for get the most well rounded educational experience possible. When a child leaves our care at the ND of the year, he/she should be more educated, have better social skills, and have a deeper understanding who they are and where they are headed regardless of age or any type disability they may have.One of my favorite sayings that I have carried close to my heart for years is, â€Å"Children Learn What They Live. † As educators it is our responsibility to make sure that what our students learn will make them better individuals that are prepared for the future no matter what it might bring. References Bandeau, A. (1977). Social Learning Theory. New York: Gen eral Learning Press Bell, D. 2004. Silent covenants: Brown v. He Board of Education and the unfulfilled hopes for racial reform. New York: Oxford University Press. Crawford, K. (1996).

Articles of Partnership

ARTICLES OF PARTNERSHIP OF TONCLINTX PASTRY PRODUCT And T-SHIRT PRINTING SERVICES Know all men by these presents: That we, all of whom are citizens and residents of the Philippines and of legal age, do hereby voluntarily associate ourselves to form a general partnership in accordance with the laws of the Philippines, and we hereby certify: ARTICLE I That the name of our general partnership shall be TONCLINTX PASTRY PRODUCT and T-SHIRT PRINTING SERVICES. ARTICLE II That the principal place of our partnership shall be in Sta. Cruz Laguna, Philippines. ARTICLE III That our partnership shall exist for a period of three (3) months from the time of registration in the Dean’s Office of the College of Computer Studies. ARTICLE IV That the purpose of the partnership shall be the following: 1. To deal in the business of giving the service of T-shirt design and printing together with sales of pastry products. 2. To import such kind of service after complying with existing laws and regulations. 3. To enter into such other contracts or do such other acts as may be demanded by the needs of the business. ARTICLE V That the general partners of our partnership shall be the following: 1. Jhean Laurence SimanFilipino149 Sitio Huwaran Brgy. Pagsawitan Sta. Cruz Laguna 2. Kristine SumaguiFilipino098 Sitio Talon, Brgy. Sta. Clara Sur Pila Laguna 3. Nico Paolo CatalanFilipino6781 Sitio 4 Brgy. Oogong, Sta, Cruz, Laguna 4. Joy Clinton BabaanFilipinoBeverly Hills, St. Maceda Subd. Brgy. Pinagsanjan, Pagsanjan Laguna Hereby approved by: CANDELARIA SILVANIA FLORENCIA SUMAGUE YOLANDA CATALANN ______________ ______________________ __________________________________ Parent of Parent of Parent of Parent of Ear Anthony B. Silvania Kristine Sumagui Nico Paolo CatalanJoy Clinton Babaan

Hong Kong Conflict of Laws Term Paper Example | Topics and Well Written Essays - 1250 words

Hong Kong Conflict of Laws - Term Paper Example This principle was also applied by Bingham J in the case of The Iran Vojdan, where a clause for dispute settlement provided for (a) Iranian law in Iran (b) German law in Hamburg and (c) English law in London. But applying the principle of the closest and most real connection, Lord Bingham held that the proper law to apply would be German law with the proper jurisdiction being the English Courts. Various factors are taken into consideration by the Courts in arriving at a determination of the proper law on the basis of the closest and most real connection, including the place of contracting, the place where the contractual obligations were performed and the principal places of business of the parties4. The application of the closest and most real principle is found under Hong Kong’s choice of law rules with respect to contractual obligations and has also been recommended as a guiding principle when courts experience characterization problems. This principle has also been applied in non-contractual issues, for instance in matters involving capacity, matrimonial issues, including divorce and division of matrimonial assets, trusts and property cases5. One example, is the case of Hayim v Citibank6 which was an appeal from Hong Kong involving issues of trust with Plaintiff’s will having been made in Hong Kong. But the matter was decided under English law, which was held to satisfy the closest and most real principle because no evidence was led as to Hong Kong or American law. There is provision for application of this principle in the law of mainland China as well, under Article 126 of contract law provisions, which states; â€Å"Where parties to the foreign related contract failed to select the applicable law, the contract shall be governed by the law of the country with the closest connection thereto†7. When no

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

Criminalology - Essay Example Institutional violence is a chaotic incidence that results in physical or mental injuries. In this case, the violence culminates into suffering, loss and body harm. There are five main types of institutional violence. Intrapersonal violence occurs when a person decides to harm himself /herself. In this case, the occurrence is referred to as suicide or self mutilation. People commit suicide through poisoning, hanging or drowning among other forms of suicide. Interpersonal violence takes place between two persons. In this case, a person causes body harm to another one in cases such as rape, sexual assault and psychological attach among others. Gang violence is usually perpetrated by a group of organized criminals or a gang. In this case, the gang organizes attack on a person or a group of persons. The gang is usually formally organized or loosely attached to each other to commit a crime. Organized attack is perpetrated by a group of well organized attackers to the prison staff. Lastly, institutional violence is the attack done by the prison staff to the offender. In this case, the prisoners are sexually, emotionally and sexually attacked by the prison wardens. The rehabilitation program must have clear and concise objectives. In this case, objectives to be achieved must be clearly stipulated and communicated to both the facilitator and the prisoners. At the beginning of the rehabilitation classes, the facilitator should take sufficient time to explain to the prisoners the specific steps that they need to have achieved by the end of a specified period. In this case, the goals need to be reasonably figural to help the learner realize how much they have achieved and how much is yet to be done. In addition, these goals require to be based on clear theories or concepts. As such, the goals must be drawn for extensive research conducted by reputable