Wednesday, October 30, 2019
The Policies of Alexander Hamilton and Andrew Jackson Essay
The Policies of Alexander Hamilton and Andrew Jackson - Essay Example He also has a high regard towards the upper-class and educated men as the fittest to become the country’s leaders. Opposing the political views of Hamilton is Jackson’s democratic-republicanism. He stressed out the ordinary people’s right to vote and the first president to represent all Americans, regardless of their social standing (â€Å"The Presidency†). He is known to be Hamilton’s critic who contradicts federalism ideals. He regarded Hamilton’s views as elitist and idealistic. Relationship to Modern America Today, the American Federal government is a combination of two political views. It takes Hamilton’s view on the independence of government branches and Jackson’s idealism on suffrage. States also are given freedom provided that they also follow the national law. In other words, today’s politics resemble both political views. First, the elitist perspective of Hamilton is still surviving, although discouraged by mod ern thought. Many of the politicians today are with high educational background and came from influential families. Second, Jefferson’s state independence is practiced. State leaders are given the freedom to revise existing laws or to make laws not found with the rest of the states (e.g. legal drinking age). Economic Views By the end of the American Revolution, the country has to face a tremendous economic problem. There is an estimated $54 million debt of the United States while it only has barely half of the amount as their asset (â€Å"Alexander Hamilton’s†). Clearly, there is a huge deficit in the country’s economic budget. To address this problem, Alexander Hamilton was given the task to regulate all forms of economic activities until it stabilizes. As young as he was at that time, he regarded taxation and debt management as a two-way street to economic stability. He proposed that all states should be imposed by appropriate taxes for debt payment. Al though states that are already debt-free at that time resisted against this proposal, it is still pursued and became successful. The next move by Hamilton was to establish the Bank of the United States as â€Å"modeled from the Bank of England†(â€Å"Alexander Hamilton’s†) to take care of the collected taxes. While concerned with the nation’s debt payment, unlike Hamilton, Jackson disagrees with imposing taxes on states and became an advocate of the Laissez-Faire economy. This means to say that states are free to make international economic relations and other local economic activities without the imposition of taxes or the intervention of the national government (Ambrose and Martin 33). Despite the success of Hamilton's implementation of taxes and debt management, Jackson believes that an economy is better off without the presence of both. Since his younger years, Jackson hated debt in general, more so with national debt (Smith).
Monday, October 28, 2019
Demetrius Griggs Essay Example for Free
Demetrius Griggs Essay Krak! had many symbols presented throughout the book. The symbol that held the most meaning to me while reading this book is, The Sea. The book starts at sea, with the story ‘Children of the Sea’, and the Sea proves to be very important to the people of Haiti in their struggle to escape a difficult situation. The sea is how the Haitian immigrants will travel in their attempt to escape a corrupted government. The sea becomes life and death, survival. In the story of â€Å"Children of the Sea†the sea holds lots of meaning, and the meaning is very different for each person who is out at sea. For the young man escaping after police raid his radio station, he sees the sea as opportunity. The opportunity to escape a corrupt country and continue his life, but the sea also provides heartache, as this is what separates him from the love of his life. Being at sea also gives the young man hope that one day he can make a better life for himself, as most immigrants flee to America in the hope to live a more promising life. The only way he is able to have some peace with his time at sea, is the notebook he has, where he writes to his love back at home. He tells her of the women on the boat who tell stories and sing, in an attempt to control the seasickness most of them are experiencing. He describes being at sea as lost time, stating in one of his many letters, â€Å"sometimes it feels like we have been at sea longer than the many years that I have been on this earth†(14). He is only aware that a day has passed by the raising and setting of the sun. I have always thought of the sea as something beautiful, mysterious even. The sea to me has always provided me with opportunity, the opportunity to experience something new, to explore. But this does not prove to be the same for the people on the tiny boat who are struggling to stay alive. It never occurred to me that the sea, is not always beautiful to everyone, it holds despair, fear and represents death in some cases. The scared passengers on the boats do not know what will happen until they reach land, nor do they know what will happen once they reach their destination. The fear of, how they will provide for themselves, what will they do for food, where they will live, sets in. I cannot imagine going day by day not knowing what will happen or if I will even survive to see another. I remember being so excited to come to New York for the summer before I would officially start school in the fall. It wasn’t until I was in the airport in New York that I realized I was officially on my own in a brand new city. Not knowing what the next day would hold or what I would get to experience had me a bit nervous. It was a good feeling to know I was getting to live a new life, but the uncertainty of that new life was shell shocking. However, I did have a place to stay, I knew where my food would come from, and I had the means to speak to my family whenever. These are things that I once took for granted. Knowing what was going to happen next. Along with providing opportunity for some of the passengers on the boat, the sea also symbolizes death. The sea holds the bodies of many refugees of Haiti who were not able to survive the difficult conditions of the boat. The young man is a witness of a live birth and death. Celianne is a young pregnant girl on the boat who was raped by the police of Haiti at 15 years old. As it seems she is having the worse time on the boat, not bringing any of her own food, she barely eats. The baby that she gives birth to does not survive. Having to throw her baby overboard was too much for Celianne, as she too follows her baby into the sea. â€Å" There was no question of it. The sea in that spot is like the sharks that live there. It has no mercy†(26). In â€Å"Nineteen Thirty-Seven,†the symbol of water and death is represented again. This time however a river stands in the way of life. The Massacre River is the river that separates Haiti from the Dominican Republic, a place where all Haitians living there were ordered to death. The young girl that writes the boy tells the story of going on a pilgrimage to the Massacre River with her mother and other women. She learns that her life was almost taken there, as her mother was pregnant with her. â€Å"We were saved from the tomb of this river when she was still in my womb†(40) Trying to escape the Dominican Republic to return to Haiti, many women lost there lives in that river to the El Generalissimo’s soldiers. Each year they would visit that River, dressed in white dresses to pay respect to the family members who were killed in that river, and also o remember how lucky they were to make it through the river and back to their terrifying country. The wearing of the white dress when the women would visit the Massacre River, reminds me of my family when we visit my grandfathers at their burial site. We would each wear something in memory of my grandfathers. Whether it is something he gave us, or a hat that we use to wear while watching our favorite basketball team play, we each had our own little tribute to them. The white dresses where their tribute to their lost relativities who did not make it across that river. Danticat did a great job incorporating symbols into these stories. Showing how everyday things we pay no attention too, hold so much more meaning then just what they are meant for. As Americans we see the sea and ocean as beautiful and relaxing, soothing. It is a place for us to escape our lives for a week long vacation, to have fun and forget about what is going on back home. I have never stopped to think that this does not prove to be the same for immigrants. The escape they are seeking is very different then the escape of an American on vacation. To them it is more a matter of life or death.
Saturday, October 26, 2019
Historical Truth Essay -- essays papers
Historical Truth Historical Truth? As a child sits through history class in the first grade, he or she learns of the relationship between Christopher Columbus and the Indians. This history lesson tells the children of the dependence each group had on each other. But as the children mature, the relations between the two groups began to change with their age. So the story that the teenagers are told is a gruesome one of savage killings and lying. When the teenagers learn of this, they themselves might want to do research on this subject to find out the truth. But as one searches, one finds the inconsistency between the research books. So the question is, who is telling the truth? Mary Louise Pratt and Jane Tompkins probe these difficulties of the reading and writing of history, specifically at the problems of bias and contemplative historical accounts. In â€Å"Art of the Contact Zone,†Pratt explores the issue of whose version of history gets favored and whose gets limited by analyzing the circumstances surrounding Guaman Poma’s and de la Vega’s letter to the King of Spain . In â€Å"‘Indians’: Textualism, Morality, and the Problem of History,†Tompkins investigates how history is shaped in accordance to personal biases and cultural conditions of historians by questioning different writings about Native Americans. Each author comes to the conclusion between history and subjectivity, meaning that history is problematic. The historical accounts pondered by Pratt and Tompkins through historical text allows them to realize that every account that a historian calls a fact is really a perspective. Pratt’s concepts of â€Å"contact zone,†â€Å"autoethnography,†and â€Å"ethnography†are supported by the historical ideas in Tompkins essay. The c... ...from reading both essays one would find this to be true. For example, the historical documents encountered by both authors found some conflicting ideas. Comparing the two authors strategies to read history, Pratt does a complete job. A complete job means reading primary sources from both the inferior and superior cultures. This way she could get the full picture of the actual accounts of the â€Å"contact zone.†On the other hand, Tompkins does not read both types of texts, only â€Å"ethnographic texts†and comes to her conclusion. But the basis of Pratt’s and Tompkins’ essay is of the essays they read. Therefore each author is biased in their own nature. There biases come from their culture, which affects the way one sees or understands, and writes history. So whose view is right? It is oneself who ultimately decides on which historical point is true based on ones biases.
Thursday, October 24, 2019
Research Proposal on English Skills Improvement through the Use of iPad Technology Essay
Research Proposal on English Skills Improvement through the Use of iPad Technology Introduction            The application of technologies in schools at all levels has proven to yield positive results. There is a variety of technologies that are used in schools today and among them is the use of iPads in learning. In Saudi Arabia, a number of primary schools have adopted the use of iPads and this, as studies have shown, has contributed to improved skills in English. Below is a proposal on the impact of using iPads in the primary schools in Saudi Arabia, taking The 16th Girls Primary School in Zulfi as the case study. Thesis Statement            The use of normal computers and laptops have fairly well been established in schools and a considerable body of practical evidences support and confirm the impact and value on learning as at 2014. However, the integration of iPad devices in the schooling system is still at the start level. There are few established researches documenting the impact of these tools on teaching, learning and improvement on English skills. iPad application’s language has helped students in the 16th Primary School in Zulfi to improve the students’ English speaking, writing and listening. This proposal sets out to investigate, explore and demonstrate the innovative and beneficial practice of IPad applications on learning and improvement of English language skills among students (Cavanaugh, 2007). Literature Review            Over the past few decades, technology has turned out to be a prerequisite in countless schools at all levels. Its influence has seeped into all facades of life, with the inclusion of English language education. In contemporary age of teaching English language, media tools such as animation, DVDs, video conferencing, internet and iPads have lessened distance making the globe a small village, thus contributing to trouble-free learning of the subject. According to Brey (2006) â€Å"the current generation has an entitlement to get equipped for substantial integration of technology in the learning process.†This statement is supported by the outcomes of a research done on 1,050 pupils of North Essex School in London, aged between 11 to 16 years, which found out that the use of technologies in learning, such as the ipad, was warmly received and improvement on the performance of the pupils’ learning and thinking, was immediately reg istered (Todorovic et al., 2011). The pupils are able to tackle their personal challenges in learning in ways that fit them best, with the use of technology.            According to research done by Jackson et al., (2006), it was proved that the pupils, who utilize the technology most, attain higher grades and better results. According to Todorovic et al (2011), English educators are obliged to come up with effective practices that are applicable in teaching the subject with the use of technology (Cavanaugh, 2007). The students perform different tasks through the use of technology and thus, their cognitive learning ability is enhanced (Brey, 2006). Owing to this statement, the focus should be on learning through the technology as opposed to learning about it. It is further proposed that, the constant use of hypermedia makes the use of multimedia painless in enhancing language learning and teaching (Jackson et al., 2006). A similar research on the effect of the use of technology in language learning asserted by Cavanaugh (2007) is that â€Å"the equipments enhance the retention power of the student as wel l as the argumentative ability.†           The most helpful broader term used in technology is CMC (Computer Mediated Communication), which permits the verbal communication learner to communicate with other learners through chats, discussion forums, conferencing, e-mails, and text messaging (Jackson et al., 2006). All these activities enhance the learner’s skills in English language. It is, thus, critical that the program be implemented in all primary schools in Saudi Arabia. On the other hand, effective integration of this technology necessitates teachers to obtain familiarity on their use in teaching the substance, pedagogy and the connection of the entirety (Kubey, 2001). According to Ajab Al-Furaydi (2013), the use of these devices will facilitate the delivery of lessons to the learner in limited time and cost. This helps in managing, improving and sustaining the learning and teaching practice, thus assists in assessing and calculating the outcomes of the pupil. As Ahmad (2012) asserts, the use of these devices boost communication, enhances ability to acquire information, give better access to diverse resources of learning, and inspire students to increase challenge solving aptitudes and give support to deeper understanding (Ahmad, 2012). It is true that the technology has changed the language learning process and literacy acquisition and so is the dynamics of the settings of language teaching (Young and Kajder 2003). In latest years, teachers have been searching for techniques in which electronic learning can be engaged to make language learning extra efficient and inspiring for the students (Kubey, 2001). As the research has shown, the use of technology in language teaching and learning empowers the abilities of the students in becoming improved crisis solvers, speakers and communicators (Ajab Al-Furaydi, 2013).            The use of these devices in learning also enhances communicative and linguistic expertise by giving autonomy to the learner during the learning process (Young and Kajder 2003). This is so because the learner is given a chance to enhance the skills without duress or fear. Also, as Ahmad (2012) states, learning through the use of technology promote the sharing of personal experiences among students thus, they are able to learn from each other’s experience. This enhances their perceptions on the learning of the subject at hand which leads to improved performance (Ahmad, 2012).            Owing to the discussion above, it is, therefore, likely that the use of iPads in the 16th Girls Primary School in Zulfi, Saudi Arabia will have a positive impact on the performance of the pupils in English language skills improvement. The impacts on the English language skills are all likely to turn out positive (Todorovic et al.2011).Significance of Research            The research will scrutinize the relationship between the applications of iPads on learning and the effects it has on English language skills. It draws attention on how the technology can be utilized to improve English language skills in primary schools (Young & Kajder, 2003).Statement of the Problem            In Saudi Arabia, most of the primary schools use the customary means of teaching, but currently with all the technological advancements, some primary schools have applied technologies in their education system, such as the use of iPads in learning. The application of this technology has its corresponding impacts on English language skills. It is on the basis of the impacts of the use of iPads on the English language skills that this investigation will be performed (Kubey, 2001). Research Questions            Based on the structure and statement of the problem, the research questions are created. A thorough investigation will be performed on the following questions in this study (Young & Kajder, 2003). RQ1: What is the teacher’s believe on the possible improvement of English language skills through the use of iPads? RQ2: How does the use of iPads in language learning impact on the English skills? RQ3: What factors contribute to dispositions of advocating the use of iPads in language learning in primary schools? Tools            The research will involve interviewing teachers of girls students aged between 6 and 12 years. In addition, the researcher will observe the students in their class for a period of one month. Through the use of interviews, the researcher will be able to answer the first and the third questions of the research after a comprehensive collection of views from the teachers interviewed. By observing the pupils for one month, the researcher will be able to answer the second question of the research after collecting qualitative data on their reactions on the use of iPads. Similarly, the researcher will be able to go through the past performance records before the application of the iPads and compare them to the recent ones to determine the impact of the technology on English performance (Kubey, 2001). Ethical Considerations            Some of the considerations which are ethical that the researcher will adhere to are; voluntary participation, non-maleficence, autonomy and confidentiality. The participants of this study will not be coerced to participate neither will they be given bribes to participate. On the other hand, the research will ensure that no harm is experienced by the participants either physically, spiritually or psychologically. They will be left the way they were met before their participation or even better than they were. Similarly, the researcher will uphold confidentiality requirements of the research. Whatever the information given by the respondent will not be shared with another respondent. On the same note, all the names of participants will not be disclosed. Instead, pseudo names will be used in place of their real names (Brey, 2006).Limitation of the Study            The researcher will limit the study to 16th Girls Primary School in Zulfi, Saudi Arabia. This is attributed to the resources available to conduct the research, such as time. The time for the study will be limited to one month. The sample size will include ten teachers for the interview, most of whom are English teachers, and several classes of pupils who the researcher will observe for one month (Brey, 2006). The sample size of the research may not reflect the whole sample of primary teachers and pupils in schools where the technology is applied, in Saudi Arabia. Each interview will be translated in English by the investigator. The investigator is not eligible as a translator; nevertheless, the scholar will work long hours with the university’s writing center to build up and set down the interrogation as best as possible (Ajab Al-Furaydi, 2013). Expected Results            Based on the discussion in the literature review, it is likely that the use of iPads in the 16th Girls Primary School in Zulfi, Saudi Arabia will lead to improvement on pupils’ English language skills. The impacts of iPads on the English language skills are all likely to turn out positive (Cavanaugh, 2007). References Ahmad, J. (2012). English Language Teaching (ELT) and Integration of Media Technology. Procedia – Social And Behavioral Sciences, 47, 924-929. doi:10.1016/j.sbspro.2012.06.758 Ajab Al-Furaydi, A. (2013). Measuring E-Learning Readiness among EFL Teachers in Intermediate Public Schools in Saudi Arabia. English Language Teaching, 6(7). doi:10.5539/elt.v6n7p110 Brey, P. (2006). Social and ethical dimensions of computer-mediated education. Journal Of Information, Communication And Ethics In Society, 4(2), 91-101. doi:10.1108/14779960680000284 Cavanaugh, M. (2007). English Teachers: We Need to Hop on the Technology Train. Language Arts Journal Of Michigan, 23(1). doi:10.9707/2168-149x.1142 Jackson, L., von Eye, A., Biocca, F., Barbatsis, G., Zhao, Y., & Fitzgerald, H. (2006). Does home internet use influence the academic performance of low-income children?. Developmental Psychology, 42(3), 429-435. doi:10.1037/0012-1649.42.3.429 Kubey, R. (2001). Internet use and collegiate academic performance decrements: early findings. Journal Of Communication, 51(2), 366-382. doi:10.1093/joc/51.2.366 Todorovic, J., Stojiljkovic, S., Ristanic, S., & Djigic, G. (2011). Attitudes towards Inclusive Education and Dimensions of Teacher’s Personality. Procedia – Social And Behavioral Sciences, 29, 426-432. doi:10.1016/j.sbspro.2011.11.259 Young, C., & Kajder, S. (2003). Research on Technology in English Education. Source document
Wednesday, October 23, 2019
Analysis and Consequences of Legal Action(S) Essay
Analisis for successful lawsuit report Purpose Per your request, our legal team, courtesy of Legal Eagles, LLP, wishes to advise you regarding your tentative legal action against Mechanics National Bank (â€Å"National Bank†). As you alleged, National Bank was negligent in their failure to remove a lien on your Lagoon Beach property. Our legal team has assessed this and other concerns of your case. Outlined throughout this correspondence are conclusions we have made and recommendations we wish you consider. Before we proceed, we thank you for your trust and assure you nothing less than our highest-quality work. You have expressed to us your interest in recovering compensation for a failed entrepreneurial endeavor involving a hotel property, Hotel California. You also informed us that your acquisition of this property was dependent upon your securing financing through pledging a property you currently own as collateral. In a brief analysis of the facts of your case, we find you may successfully prove liability on the part of National Bank; however, this conclusion is not without concerns, particularly regarding your contract with the owner of Hotel California. This concern and other considerations for your case are also discussed in this correspondence. Factual Background Our notes of the essential facts of your case indicate the following: You sought the acquisition of an existing hotel property located in Palm Desert, Green. You contacted the hotel’s listing agent, Mr. Babak Gordon, and obtained preliminary data on the property, including financial statements of the hotel which you have provided us. On January 5, 2005, the hotel owner, Ms. Shirley Ramirez, Mr. Gordon, and you had a preliminary discussion regarding the purchase and sale of Hotel California. Ms. Ramirez offered to you by phone this property for $4.3 million, excluding the furniture, and the sale was to conclude following a 45 day escrow. On January 6, 2005, you faxed Ms. Ramirez a signed letter both indicating your acceptance of her offer and your preference that the transaction close following a 60 day escrow. Although you never received a reply or confirmation from Ms. Ramirez, on January 30, 2005, you obtained a financing commitment from Bank of the West. Their conditions we re that the bank would obtain a first priority lien on the hotel property along with an unrelated undeveloped parcel of land owned by you in Lagoon Beach, Green. As you have shared with us, you acquired this land in 1984 and had managed to pay off its mortgage on November 1, 2004. However, National Bank failed to remove its lien on the property. You vigorously attempted to get National Bank to remove its lien on this property. You contacted bank officers and explained to them that the lien needed to be removed so that you could pledge the property as collateral and finance your purchase of Hotel California. Because National Bank did not remove this lien, you were unable to finance the acquisition of Hotel California. You later bought a hotel property â€Å"similarly situated†and â€Å"virtually identical†to Hotel California for $4.7 million dollars. Issue From our analysis, we find as reasonable your decision to consider pursuing legal action against National Bank for damages. You have cited National Bank as negligent for failing to follow instructions regarding the removal of a lien from the title of your Lagoon Beach property. If you proceed further to trial, a court of law will try, whether by failing to remove its lien on your Lagoon Beach property, National Bank committed the tort of negligence. Because our analysis has also raised concerns regarding your contract with the owner of Hotel California, Ms. Shirley Ramirez, we must also inform you of a second issue a court of law is likely to try. If you proceed further to trial, a court of law will try whether a legally binding, enforceable contract exists (or existed) between Ms. Ramirez and you. Keep in mind that your legal action for damages may be predicated on whether there was a contract. Roadmap In addition to listing our conclusions, recommendations, and concerns throughout this correspondence, you will find that we have analyzed the likelihood for success of your legal action against National Bank. You have expressed your desire to recover damages for your lost opportunity involving the Hotel California property. For your convenience, a complete and careful analysis has been conducted and detailed throughout this correspondence. GROUNDS OF LIABILITY You have alleged that National Bank was negligent, and you intend to recover damages from National Bank. You will have the burden of proving the prima facie case for the tort of negligence. You must cite evidence and present arguments that support your allegation of National Bank’s negligence. To successfully fulfill your burden you must show that: * Duty: The defendant (National Bank) owed you (plaintiff) a duty of due care. * Breach of Duty: Defendant’s conduct breached that duty. * Actual and Proximate Cause: Actual and proximate causation between defendant’s breach and your (plaintiff’s) injury was present. * Injury: Injured party (you) sustained injury due to defendant’s actions. If you fail to prove these elements, National Bank’s legal team may motion to dismiss your case. In this event, it is possible that your case could then be dismissed without further proceedings. However, if you successfully prove and argue all four of these elements, you must also overcome any affirmative defenses, if applicable, raised by the defendant (National Bank). These defenses are contributory negligence and assumption of risk. From our initial analysis, National Bank will be unable to raise an affirmative defense on these grounds. We will fully assess whether there are on any other legal grounds defenses that National Bank can raise. (See Other Considerations.) Remedies for Negligence If you successfully prove National Bank’s liability, you may be entitled to recover compensatory or actual damages. The damages and compensatory award amounts are determined on a case-by-case basis by the jury or judge presiding over the case. We have included a potential award amount you may be entitled to and you will find a complete discussion on how this determination is made. (See ANALYSIS OF LIABILITY – Injury.) Statutes Governing Contract Law Because the secondary issue (See Issue) and one of our concerns regarding your case is regarding your contract with Ms. Ramirez, we have disclosed applicable information from both the Green Civil Code and our legal library pertaining to 1) offer and acceptance, 2) Green’s statute of frauds, and 3) Green’s â€Å"mirror image rule.†For your convenience, we have bolded and defined legal terminology that will be reiterated in later sections of this correspondence. Offer and Acceptance An offer is the important first step in the contract formation process. A party (offeror) who makes the offer gives another party (offeree) to whom the offer is made the power to bind both parties to a contract simply by accepting the offer. Not every proposal qualifies as an offer. To distinguish an offer, courts evaluate offers on three grounds: First, they look for some objective indication of a present intent to contract on the part of the offeror. Second, they look for specificity, or definiteness, in the terms of the alleged offer. Third, they look to see whether the alleged offer has been communicated to the offeree. An acceptance is â€Å"a manifestation of assent to the terms [of the offer] made by the offeree.†In determining if an offeree accepted an offer and created a contract, a court will look for evidence of three factors: (1) the offeree intended to enter the contract, (2) the offeree accepted on the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror. Statute of Frauds According to the Green Civil Code,  § 1624, any contract transferring an interest in land is invalid if not accompanied by â€Å"note or memorandum.†An unenforceable contract is one that meets the basic legal requirements for a contract, but may not be enforceable because of some other legal rule. A contract for which the statute of frauds requires a form of writing, yet no writing is made, may be declared an unenforceable contract. Mirror Image Rule The traditional contract law rule is that an acceptance must be the mirror image of the offer. Attempts by offerees to change the terms of the offer or to add new terms to it are treated as counteroffers because they indicate an intent by the offeree to reject the offer instead of being bound by its terms. Now that you have an understanding of the relevant law behind the tort of negligence and contracts, and are familiar with the legal terminology of these areas, we proceed into our analysis of the facts of your case and the prima facie case for the tort of negligence. ANALYSIS OF NATIONAL BANK’S LIABILITY Should you pursue further legal action against National Bank, you will have the burden of proving the elements of the prima facie case of the tort of negligence. Below are descriptions of these elements, accompanied by our legal analysis between the facts of the case, prima facie case, and case law from our legal library. Tort of Negligence In Commercial Escrow Company v. Rockport Rebel, Inc., negligence is defined as â€Å"conduct which falls below the standard established by law for the protection of others†. Because of the similarities in the facts between the case of Escrow Company and your case, this case has been used extensively in the forming of the following arguments. We recommend using this case in satisfying your burden for your legal action. Accordingly, you must argue that National Bank’s behavior in failing to remove the lien on your Lagoon Beach property fell below the standard for public protection established by law. Further, to successfully prove negligence, you must argue that National Bank is responsible for some injury you incurred stemming from their alleged mismanagement and failure to remove the lien on your property. With your notes, the facts of your case, and documents you provided us, we have constructed tentative arguments to determine the success of your legal action. You will find these arguments beginning on the next page. Duty According to the case, Commercial Escrow Company v. Rockport Rebel, Inc., â€Å"a defendant owes a duty of care to all foreseeable plaintiffs.†For example, in cases where a â€Å"[defendant] voluntarily assumes the duty to act by promising to the plaintiff to behave in a certain way,†the defendant owes that plaintiff a duty to act with care. According to Judge Utter, a â€Å"defendant also [owes] the plaintiff a duty of care where a contractual relationship between the parties requires the defendant to act in a certain way towards the plaintiff.†Considering these rules of law, National Bank owed you a duty to act as you requested. In your previous correspondence, you indicated that National Bank is â€Å"the lender on your Lagoon Beach property.†You also submitted to us a copy of your deed of trust. To reiterate â€Å"the language in the deed of trust†as part of your contractual relationship with National Bank, National Bank was supposed â€Å"to promptly record a reconveyance of its lien on [your] property upon payment in full of the underlying loan.†Because National Bank failed to do this, we find it foreseeable that you would be prevented from using the property as collateral for your hotel acquisition. Additionally, you also mentioned that you â€Å"vigorously attempted to get†¦ National Bank to remove its lien on [your] property, but to no avail†and despite â€Å"repeated assurances from various officers.†Because National Bank officers assured and essentially promised you that they would remove the lien on your property, National Bank voluntarily assumed a duty to you, if no duty had been present beforehand. In essence, the assurances made to you to process your request indicate that National Bank voluntarily assumed, and therefore owed you, a duty of due care to act as you requested. In light of these arguments, we assure you that you should successfully satisfy this first element – duty – of the prima facie case of the tort of negligence. Breach of Duty According to Commercial Escrow Company v. Rockport Rebel, Inc., in order for a plaintiff to prove negligence, the â€Å"plaintiff is required to show †¦that [the defendant] had breached [defendant’s] duty of care to the plaintiff.†In most cases, a defendant owes a plaintiff a duty to act as would a reasonable person under similar circumstances. In the case of Escrow Company, the Court found that â€Å"in performing services for a client, [the] escrow company has the duty to strictly follow instructions.†Like an escrow company, a financial institution like National Bank most likely has a duty to strictly follow instructions drafted in a deed of trust, or part of a loan or other financial instrument. Because officers on behalf of National Bank did not follow instructions and terms of behavior involving you (as lendee) and National Bank (as lender) detailed in your property’s deed of trust, you may successfully argue that National Bank breached its duty to you. According to our copy of your deed of trust you provided us, National Bank was required to â€Å"promptly record a reconveyance of its lien on the property upon payment in full of the underlying loan.†You had managed to pay off the mortgage on this property on November 1, 2004. Despite this, National Bank failed to remove its lien, even after you requested. Because officers at National Bank did not strictly follow this instruction, National Bank breached the duty of due care owed to you. Causation Satisfying the prima facie case for the tort of negligence also requires that a plaintiff prove that there is a connection (or actual causation) between the alleged breach of duty by defendant and injury suffered by plaintiff. As in the case of Commercial Escrow Company v. Rockport Rebel, Inc., courts assess the existence of a connection between breach and injury by determining whether injury would have occurred if not for breach. A court would employ a similar test in your case. Because National Bank failed to remove the lien on your property, you did not satisfy terms of the loan commitment with Bank of the West and could not secure financing for your acquisition of Hotel California. We find that there is a casual connection. Courts also evaluate the proximate cause (causation) between a defendant’s breach of duty and a subsequent injury suffered by a plaintiff. Proximate causation refers to whether the defendant’s breach of duty and subsequent injury suffered by the plaintiff was foreseeable. Because you vigorously attempted to have officers at National Bank remove its lien on your property and informed them that you needed the lien removed in order to pledge the property as collateral, we find that your injury of loss of opportunity to acquire the hotel property was foreseeable. Injury The final element you must prove to satisfy the prima facie case for the tort of negligence is whether you have suffered injury because of National Bank’s alleged negligence. Due to National Bank’s failure in removing the lien on your Lagoon Beach property, the transfer of ownership agreement of Hotel California between you and Ms. Ramirez allegedly collapsed. Later, you purchased a â€Å"similarly situated†and â€Å"virtually identical†hotel property for $4.7 million, $400,000 more than what you would have paid for Hotel California ($4.3 million). In essence, National Bank’s alleged negligence caused you to incur an opportunity cost of $400,000. This loss of opportunity is under the assumption that a valid, enforceable contract existed between you and Ms. Ramirez. SUMMARY Because National Bank breached its duty by failing to remove its lien on your property, you were unable to secure financing for a $4.3 million acquisition of Hotel California. However, you later purchased a â€Å"virtually identical†property for $4.7 million. You may be entitled to the difference. DEFENSES AGAINST LIABILTY In this portion of this report, we detailed any applicable defenses relevant to your case, and outlined other considerations and concerns we advise you to consider. Although we have found that affirmative defenses to National Bank’s negligence are inapplicable to the particular facts of your case, we have other concerns to discuss. Other Considerations It is the opinion of Legal Eagles, LLP, that National Bank may argue that regardless of whether it removed the lien on your Lagoon Beach property, indefinite would be the transfer of ownership of the hotel property from Ms. Ramirez to you. As our analysis showed, you may successfully prove that National Bank had a duty to remove the lien on your property and subsequently breached that duty by failing to adhere to this instruction. If the failure to remove the lien on your property can be proven to have caused you damage(s), we will advise you to pursue further legal against National Bank. But first we must evaluate the documents you provided us and later the validity of the binding contract between you and Ms. Ramirez. Analysis of Income We have completely revalued the hotel property, Hotel California you were interested in. We used the same method(s) and approaches that most banks in our region would use to appraise the value of hotel properties. The expected value approach places weights on appraisals from two methods. First, we multiplied the past two years’ average gross margin by four. This holds a weight of 40%, because it is expected to be accurate 40% of the time. The value we derived from this method came to $2,462,380.00. Next, we took the present value of the average of the past three years’ cash flows, discounted at an 8% discount rate for 10 years. This method holds a 60% weight. The value derived from this method comes to $2,505,589.13. Our final step is to assign the correct weight to each method and sum the two figures. We can therefore conclude that the Hotel California’s appraisal value is $2,488,305.48. In addition to this, it is acceptable for a company to sell what is known a s â€Å"goodwill.†That is why the listed price of 2.5 million dollars was overstated by $11,694.52. We know that the bank would only allow you to borrow up to the appraised value, $2,488,305.48, unless you either pay 25% of the purchase in cash, or pledge to the bank a first priority lien on the vacant land as collateral. We also know that the latter option was not possible, so we will consider the former. We conclude that 25% of the purchase price of $4.3 million is $1,075,000. Because you were able to only provide $500,000 in cash for a down payment, you did not meet the requirements to borrow more than $2,488,305.48 from the bank, without pledging the vacant land. Hypothetically, if you had decided to borrow $2,488,305.48 from the bank, plus your $500,000 down payment, you would have had $2,988,305.48. This amount still would not have been enough to purchase the Hotel California property offered at $4.3 million dollars. Consequently, we conclude that without pledging the vacant land as collateral, there was no way you could have borrowed enough money to make the purchase. Even though the appraised value was not enough for you to borrow a sufficient amount of money from Bank of the West, we believe the appraised amount you were given was not accurate. There are two reasons why we believe Desert Mirage Accounting should not have relied on the income statement and footnote provided by Ms. Ramirez’s accountant. The first problem lies in the way the accountant prepared the income statement. Mr. Babak Gordon calculated gross profit by taking revenue minus cost of revenue. This method is only used for retailers and manufacturing companies, whereas Hotel California is a service company. The second problem is the verifiability of the financial statements and reliability of the accountant. To be credible, financial statements must follow generally accepted accounting principles (GAAP). A financial statement that follows GAAP must be accompanied by a signed opinion letter. The letter can be in the form of: 1) Compilation letter 2) Review letter 3) Audit opinion Finally, this letter must be signed by a certified public accountant (CPA). Because the income statement of Hotel California does not come with any signed opinion letter, we cannot verify its accuracy. Therefore, Desert Mirage Accounting should not have relied on that income statement and footnote information to make the evaluation. In our initial observation of your case, we assumed National Bank’s failure to remove its lien from your Lagoon Beach property caused you to forfeit your opportunity to purchase the Hotel California property. As illustrated by our calculations above, you could not have financed the acquisition of Hotel California without pledging your Lagoon Beach property as collateral. However, after conducting a thorough analysis of your case, we regret to inform you that you may not be able to prove damages stemming from National Bank’s failure to remove its lien from your property. Even though National Bank may have breached its duty to you, National Ba nk could argue that your contract with Ms. Ramirez is invalid or unenforceable. In the event that you do not have a valid or enforceable contract, you are not legally entitled to the Hotel California property or other legal remedies. In essence, regardless of whether National Bank’s negligence can be proved, a transaction between Ms. Ramirez and you might not have occurred if a binding contract did not exist. We will clarify and explain this finding in the next section. Offer and Acceptance Analysis From our analysis, coupled with case law from our case library, we have found that there was no contractual arrangement between you and Ms. Ramirez. In arriving at this finding, we took into account the facts surrounding your case. There are key elements that prevent the institution of a contract, for the purchase of real estate, between you and Ms. Ramirez. In reaching this finding, we referred to the case of Cayetano J. Apablasa v. Merritt & Company from our case library. In this case, the Court evaluated a plaintiff’s action for damages resulting from an alleged breach of contract. This plaintiff’s action for damages depended on whether there was an existing contract. The Court found that â€Å"no reasonable construction of evidence†admitted a binding contract between the parties; and that the correspondence that was provided to the Court amounted to â€Å"nothing more than an offer that was never accepted.†In essence, at the conclusion of the plaintiff’s case, the Court’s judge â€Å"entered a judgment decreeing that no contract was entered into, existing, or was ever executed.†Similar to your case, in Cayetano v. Merritt, the initial reply to the offeror’s offer by the offeree did not constitute an acceptance, contrary to what the offeree had thought. The offeree had included a â€Å"proviso†in his perceived acceptance letter to the offeror. In light of this, the Court found that terms proposed in an offer â€Å"must be met exactly, precisely and unequivocally for its acceptance to result in the formation of a binding contract.†This decision supplements our discussing regarding Green’s â€Å"mirror image rule†below. (See Regarding Mirror Image Rule.) Additionally, the Court stated that â€Å"[t]he addition of any condition†¦ is tantamount to a rejection of the original offer and the making of a counteroffer.†In essence, the Court’s decision can be summarized by the following: â€Å"[w]here a person offers to do a definite thing and another introduces a new term into the acceptance, his answer is a mere expression of willingness to negotiate or is a counter proposal, and in neither case is there a contract; if it is a new proposal and it is not accepted it amounts to nothing.†Regarding Green’s Statute of Frauds A key element that is missing in the proof of a contract is that your agreement with Ms. Ramirez was not in writing. The Green Civil Code requires that in order for a contract involving the sale of real property, to be valid, the agreement must be in writing and signed by the party to be charged or by the party’s agent. In your situation, Ms. Ramirez made her initial offer orally over the phone and you replied by a signed fax. There was never a written offer or contract signed by Ms. Ramirez. Therefore, a court of law would most likely find the contract between you and Ms. Ramirez as unenforceable. Even if the alleged contract did not have to be in writing and could be enforceable, there are other additional concerns we have: Regarding the Mirror Image Rule In a situation, such as the one you were in, a proper acceptance must meet the â€Å"mirror image rule.†This rule states that in order for an offeree to properly accept an offer, the offeree must accept the exact offer that was established by the offerer. When reviewing your case, we found that you had intent to accept Ms. Ramirez’s offer, but in your attempt to accept the offer, you added a different term to the agreement. In her offer, Ms. Ramirez required that â€Å"[t]he sale was to conclude following a 45-day escrow.†However, in your reply, you stated that you â€Å"would like to close escrow within 60 days.†A court of law would find that by changing the terms of Ms. Ramirez’s offer, you fail to meet the â€Å"mirror image rule,†and therefore terminated Ms. Ramirez’s initial offer and proposed a counteroffer. Documents you provided us detailing your correspondence with Ms. Ramirez indicate no communication on her part in accepting your counteroffer. Summary We must mention that had there been a contract between Ms. Ramirez and you, you may have been the subject of legal action by Ms. Ramirez. If we assume there was an actual contract between Ms. Ramirez and you with either the 45 day or 60 day escrow term, Ms. Ramirez could have pursued legal action and you could be liable for having breached your contract for your failure to deliver on your promise. You entered into the alleged contract with Ms. Ramirez on January 6, 2005. Regardless of whether there was an agreement for a 45 day escrow or a 60 day escrow term, you failed to secure financing in either time frame. Approximately 80 days after entering the alleged contract with Ms. Ramirez, on March 28, 2005, you contacted Ms. Ramirez to request an extension. The fact that you have no pending legal action brought by Ms. Ramirez may suggest that Ms. Ramirez did not view the arrangement with you as a binding contract. We reiterate that neither party had a binding, enforceable contract. CONCLUSION Ms. Warren, we regret to inform you that success with your legal action is unlikely. There is a high chance you will be unsuccessful, should you purse a legal action against National Bank on the grounds of the tort of negligence. National Bank failed to remove the lien on your Lagoon Beach property, violating the duty of due care owed to you, and disrupting your ability to secure financing for your entrepreneurial endeavor. However, the question of law of whether there was a valid, enforceable contract between you and Ms. Ramirez, is the decisive issue. As our analysis has indicated, a court of law will most likely try the issue of whether there was a binding contract. Thus without the binding contract between you and Ms. Ramirez involving her offer for the hotel (Hotel California), a judge or jury in a court of law cannot rely on how much you would have paid to make a compensatory damages determination. In other words, because your action for damages is predicated on a contract between you and Ms. Ramirez, your damages cannot be established and you incurred no loss of opportunity. Without the loss of this opportunity cost, you have not suffered any injury due in part to National Bank’s negligence. RECOMMENDATIONS Ms. Warren, as Associate Partner of Legal Eagles, LLP, I oversaw the analysis of my legal team and validated their conclusions and findings. In light of the findings of our analysis, I foremost recommend that you consider the following course of action: * Please, do not pursue further legal action against National Bank regarding this cause of action and issue. It is my opinion and the opinion of Legal Eagles, LLP, that pursuing further legal action regarding this issue, considering our evaluation of your case, will result only in additional expense on your part including legal and attorney fees and your time. You will also not receive the resolution that you would like making the process inherently dissatisfying and frustrating. With this in mind, there is another course of action I do recommend. Because you have already attempted to resolve your issue with National Bank regarding the lien on your Lagoon Beach, Green property, you are entitled to contact the regulatory agency of your former bank. All national banks within the state of Green are regulated by different agencies. If National Bank’s lien remains on your property, I recommend you pursue this alternate course of action: * Contact the appropriate state of Green regulatory agency of your financial institution (National Bank) and file a complaint. Your bank’s regulatory agency can help you with your concerns and complaints. There are many regulatory agencies in the state of Green’s banking industry. For your convenience, the appropriate regulatory agency of your former bank, and its details have been listed: According to the Federal Financial Institutions Examinations Council (for additional information visit www.ffiec.gov), National Bank’s regulator is the Office of the Comptroller of the Currency (for additional information please visit www.helpwithmybank.gov). You can visit and reach this regulatory agency online or by phone at (800) 613-6743. The Office of the Comptroller will assist you in getting answers and solutions to your questions and concerns. You can also file complaints against your bank, here. If you decide to proceed with filing a complaint, officials from the Office of the Comptroller will contact National Bank on your behalf regarding your issue for a response. You will then receive a let ter summarizing the results. Those who have sought our legal advice and even had similar experiences as you with National Bank as well have reported that intervention by a regulatory agency expedited the process and liens were eventually removed. We are confident that you have the tools to resolve this issue. LEGAL EAGLES, LLP â€â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€Ã¢â‚¬â€œ [ 1 ]. The elements of the prima facie case of the tort of negligence are duty, breach of duty, actual and proximate cause, and injury. [ 2 ]. COMMERCIAL ESCROW COMPANY AND JAMES DE MIK, APPELLANTS, v. ROCKPORT REBEL, INC., APPELLEE. 778 S.W.2d 532; 1989 Tex. App. LEXIS 2263 [ 3 ]. CAYETANO J. APABLASA, Appellant, v. MERRITT & COMPANY (a Corporation) et al., Respondents. 176 Cal. App. 2d 719; 1 Cal. Rptr. 500; 1959 Cal. App. LEXIS 1542
Tuesday, October 22, 2019
The Foundation for Great Essay Writing
The Foundation for Great Essay Writing On this episode, we look at the foundation of a great essay and some tips for writing one. The topics we cover are:First, how to organize your thoughts in a coherent way. Without this skill, it is difficult for any student to earn higher degrees and succeed in their career, regardless of the field they are in. If your essay is illogical in its organization, your readers will be far less likely to follow what youve written to determine your knowledge of the topic. Basically, your essay will demonstrate very clearly whether you are a credible source or not.Second, we look at how to show your knowledge of what you are writing about, and how to conduct the needed research. Essentially, this reflects the amount of work you put into your studies. Professors and admissions committees want to know that you are willing to put in the effort to learn and achieve success in your academic pursuits, and this is impossible without carefully and critically researching various topics.Third, we discus s the ability to conduct intelligent debate. The foundation of intelligent debate is based on knowing all sides of the issue and knowing how to express your opinion without alienating audiences who might disagree. A student might know his or her topic well, but without the ability to present their knowledge of the topic respectfully, their credibility and expertise are questioned.Fourth, we look at the need for excellent grammar and writing skills, since these skills are necessary for the effective communication of ideas.And finally, we discuss the importance of being mindful when meeting a deadline. Sometimes, the most well-written essays get rejected or receive a low score, simply because a deadline was not met.
Monday, October 21, 2019
How to Write NROTC Essay
How to Write NROTC Essay How to Write NROTC Essay In your NROTC essay you should explain your reasons to apply for the Naval ROTC program. It is usually a short paper which must convince the admission committee in your outstanding skills and independent way of thinking. This essay is pretty different from all the others you have written by now; first, because it is related to your career plans, and second, because it really requires a very special attitude. Your favorite (or not so favorite teacher is not there to analyze your paper or to say a word about it. One, two or several committees (it depends on the date you have submitted your application) will check it carefully, without a whit of personal sympathy. If you have already chosen your future career, and also know what you are going to study at the ROTC program, then you are familiar with the documents required for application. The essay is only one of them (besides an interview, recommendation letters, academic transcripts, tests scores, etc.), and perhaps you see the possibility to attract the committee’s attention. At any rate, this paper must be conceived as a manifestation of your personality, character, skills, interests, and so forth. You have to give your essay a more personal f eel, otherwise you will not be approved, as thousands of people like you apply. What will impress the committee would be the skills and competencies like: leadership skills, responsibility, good logical reasoning, knowledge in the field of international relations or history, command of foreign languages (like Chinese, Spanish, Japanese, etc.), personal integrity, and self-command. Although this paper is focused on your personality, it must turn upon your understanding of military service and the defense of the Fatherland. This paper will sound convincing enough if you follow some instructions. How to write NROTC essay – 5 essential tips 1. Present your achievements Put emphasis on the athletic and academic ones. Your school grades are very important, as the ROTC program trains potential officers and military scientists. Don’t forget that as a military scientist you may contribute more to your Fatherland, depending on your competencies and potential. List all of them concisely. 2. Explain your motivation to apply for NROTC What experience do you have in the military sphere? Do you have relatives that have served in the army, or have fought in a war? If yes, how have they influenced your worldview? Advice: reading history books or watching TV channels should not be counted as a military experience. You’d better mention a summer camp in which you have participated, or a special course (even a first aid course). If you don’t have any experience, then you may merely describe the feelings and thoughts you associate with the word â€Å"army.†Be positive! 3. Tell a little bit more about your personality As it has been said, put emphasis on your athletic skills, leader skills, academic achievements and interests. What extracurricular activities have you participated in? Why? What have you learned from them? 4. Morality Morality is another side of your personality. What are your values? Are you ready to fight for them, if needed? Advice: you may mention that you are a religious person but do not put too much stress on that. Remember: you want to serve in the US Navy! Show loyalty to your country. Don’t forget that there are various religious doctrines which preach pacifism and/or disobedience to the state. In this sense, if you express too strong religious feelings throughout the paper, it will produce nothing but suspicion. 5. Coherence and order You should start from your personality, then explain your motivation, and at the end list the (important) achievements you have. In all cases, there must be a logical and semantic connection between the paragraphs next to each other. Introduce yourself very concisely, and conclude your paper with a general statement concerning your personality, or your potential contribution to the Navy. Having written your essay, handle it over to a friend, relative, or teacher. Then revise it several times. Try to keep the deadline and apply as early as possible; then your essay will be examined by more people. Prepare your interview according to what is written in the essay. Don’t fall in despair if you are rejected: life will give you another chance to prove your skills and competencies.
Sunday, October 20, 2019
Find the Anode and Cathode of a Galvanic Cell
Find the Anode and Cathode of a Galvanic Cell ​Anodes and cathodes are the endpoints or terminals of a device that produces electrical current. Electrical current runs from the positively charged terminal to the negatively charged terminal. The cathode is the terminal that attracts cations, or positive ions. To attract the cations, the terminal must be negatively charged. Electrical current is the amount of charge that passes a fixed point per unit time. The direction of the current flow is the direction in which a positive charge flows. Electrons are negatively charged and move in the opposite direction of the current. In a galvanic cell, the current is produced by connecting an oxidation reaction to a reduction reaction in an electrolyte solution. Oxidation and reduction reactions or redox reactions are chemical reactions involving a transfer of electrons from one atom in the reaction to another. When two different oxidation or reduction reactions are connected electrically, a current is formed. The direction depends on the type of reaction taking place at the terminal.Reduction reactions involve the gain of electrons. Electrons are needed to fuel the reaction and pull these electrons from the electrolyte. Since electrons are attracted to the reduction site and current flows opposite the flow of electrons, current flows away from the reduction site. Since current flows from the cathode to the anode, the reduction site is the cathode.Oxidation reactions involve the loss of electrons. As the reaction progresses, the oxidation terminal loses electrons to the electrolyte. The negative charge moves awa y from the oxidation site. The positive current moves towards the oxidation site, against the flow of electrons. Since current flows to the anode, the oxidation site is the anode of the cell. Keeping Anode and Cathode Straight On a commercial battery, the anode and cathode are clearly marked (- for anode and for cathode). Sometimes only the () terminal is marked. On a battery, the bumpy side is () and the smooth side is (-). If youre setting up a galvanic cell, youll need to keep the redox reaction in mind to identify the electrodes. Anode: positively charged terminal - oxidation reactionCathode: negatively charged terminal - reduction reactionThere are a couple mnemonics that can help you remember the details.To remember the charge: Caions are attracted to the Cahode (the t is a plus sign)To remember which reaction occurs at which terminal: An Ox and Red Cat - Anode Oxidation, Reduction Cathode Remember, the concept of electrical current was defined back before scientists understood the nature of positive and negative charges, so it was set up for the direction a () charge would move. In metals and other conductive materials, its actually the electrons or (-) charges that move. You can think of it as holes of positive charge. In an electrochemical cell, its just as likely cations will move as anions (in fact, both are probably moving at the same time).
Saturday, October 19, 2019
The Current Tools for Diplomacy and Peacekeeping Coursework
The Current Tools for Diplomacy and Peacekeeping - Coursework Example The focus has been on occasional operations involving peacemaking and humanitarian intervention instead of wars. In Africa, several peacekeeping bodies have been made such as African Union`s Peace and Security Council, working on conflict prevention and preventive diplomacy. Nearly half of the UN peacekeeping operations in Africa are in Sub-Saharan Africa, the objectives of which are to promote stability in several regions of Africa, to stop renewed violence in Congo and other such peacemaking objectives. The US presidential statement focused on dealing with the root causes of violence in Africa. It also focused on the importance of structural and operational strategies for peacemaking in the region. It has been observed that Africa has fully supported the efforts of the UN in the promotion of peace and stability in the country through these diplomatic tools. The dominant powers have co-operated by providing security in exchange for resource supplements. Several peacemaking missions have already been completed such as those in Somalia, Rwanda, Liberia etc and several others are in process. The US has used mediation strategies such as those in Angola and Namibia agreements and other indirect mediation in Liberia etc. Equitable power balance has been promoted throughout Africa. Central state power has also been reduced to give more autonomy to political groups and parties. The Rwandan genocide was one of the most devastating massacres of the world. Nearly 800,000 people were killed without any reason. The killing of these 800,000 people went unchallenged by the global community as important decision makers ignored such a big massacre. The United Nations sent a group of peacemakers for what seemed to be a plain and straightforward mission.
Friday, October 18, 2019
A Non-intrusive Three-way Catalyst Diagnostics Monitor Based on Assignment
A Non-intrusive Three-way Catalyst Diagnostics Monitor Based on Support Vector Machines - Assignment Example One such situation is the engineering production process. For example, the Ford Mustang GT uses the engineered sensor to determine catalyst output (Backey 3). The sensor and catalyst ensures motor vehicle exhaust fumes adhere to the government’s environmental standards (Backey 3). Furthermore, Dr. Backey explained the current monitoring process contributes to the control of polluting exhaust fume contents. Ford Company’s ODB monitor motor vehicle maintenance device enhances the monitoring and control of the exhaust contents. The easily developed new device implements a non-intrusive maintenance process (Backey 4), not interfering with the current control strategy. The easy development and the non-interference concept effectively contribute to better control and diagnostic procedures (Backey 4). Moreover, the Ford entity implements the clustering strategy. The company prefers the FCM cluster technology. Under the technology, the entity takes into account the FCM cluster strategy. Different cluster technologies are taken into consideration. One clustering strategy is the K-means statistical tool approach. The MATLAB statistical tool is another good alternative (Backey 11). The company strategy is a continuing research and development plan, continually developing data that will enhance the Ford Company’s motor vehicle operations. In addition, the Ford entity must implement the above bucket style diagnostic strategy. The strategy is a compulsory American government requirement. Failure to comply with the requirement, the company cannot sell its motor vehicles within the United States environment (Backey 5). The sensor must be tailored to fit the different motor vehicle models. Further, the current strategy incorporates physics principles (Backey 6). The physics equations contributed to the strategy’s success. The equations were combined
English Language and Communication Essay Example | Topics and Well Written Essays - 7000 words
English Language and Communication - Essay Example Unfortuntely, the generl public sometimes ssocites foreign ccents with lower socil sttus. Spekers with foreign ccents my be viewed s less intelligent, less competent, nd even less ttrctive thn ntive English spekers. Other evidence indictes tht people in different countries hve been denied housing or employment simply becuse of their ccents. Negtive stereotyping nd stigmtiztion of English second-lnguge spekers is serious problem tht is excerbted by the frudulent clims of some shdy business people who sy tht they cn eliminte foreign ccents with expensive CDs nd lerning progrms. In fct there is no scientific evidence tht foreign ccent cn routinely be eliminted by ny such progrm. Theory relted to stigmtiztion defines this phenomenon s discrediting ttribute ssigned by society to those who differ in some mnner from society's expecttions, customs, nd mores. It results from socil ctegoriztion process tht llows for the quick identifiction of those who re similr nd those who re different nd cn therefore be considered s "others." It is not simply the ct of ctegoriztion tht results in stigmtiztion of certin groups, but, rther, the coupling of negtive vlue judgments with prticulr chrcteristics tht result in n dverse rection to difference. The dverse rection to ccents tkes the form of discrimintion, or beliefs, ttitudes, nd ctions directed t individuls due to "phenotypic chrcteristics or ethnic group ffilition" tht result in disprte life chnces or unequl outcomes. Disbility nd ethnicity re two such chrcteristics used to ctegorize individuls into stigmtized groups. There re multiple other stigmtizing chrcteristics, including femle gender nd single motherhood. Link nd Pheln (2001, 2001b) developed conceptul frmework for stigm tht ddresses the socil element inherent in the stigmtiztion process. Their frmework is bsed on interrelted components tht look beyond the individul, nd it ddresses the role of power in discrimintion. Within their frmework, lnguge stigm is conceptulized s five-stge process: () Differences re identified nd lbeled; (b) differences re linked to negtive stereotypes; (c) stereotyping llows for ctegoriztion nd plcement of stigmtized individuls into distinct groups, seprte from the dominnt culture; (d) seprtion llows for loss of sttus nd discrimintion; nd (e) power differentil exists between the lbeler nd the lbeled, mking discrimintion possible. Link nd Pheln (2001) identified three sources of discrimintion in reltion to ccent stigmtiztion: () direct or overt, (b) structurl or systemic, nd (c) socil-psychologicl processes operting through the stigmtized individul. The finl source, socil-psychologicl processes, describes sociliztion of stereotypicl perceptions nd the internliztion of such perceptions resulting in behviors tht my led to self-perpetuting discrimintion. With this source of discrimintion, individuls who believe tht they will be discriminted ginst my respond by withdrwing nd voiding socil contct, thereby negtively ffecting their support network nd incresing their levels of stress. Negative effects of accent on people's lives Fer of ccent stigmtiztion nd subsequent discrimintion my influence how individuls interct with others. Concelment of the
Thursday, October 17, 2019
Fractionals and Related Shared Ownership Formats Essay
Fractionals and Related Shared Ownership Formats - Essay Example Timeshares first became popular in the 1980s with people searching for very attractive and even unique vacation locations which would still be affordable for their families. The genius of the timeshare is that it allows the purchaser to own his or her vacation residence for only the part of each year during which that vacation may be taken. For To meet the important need for variety of vacation locations, many timeshare providers have exchange arrangements with other timeshares all over North America or even all over the world. Thus, by purchasing a timeshare in a particular resort location, if the unit is available for that additional period. Some offer the opportunity to use other resorts in place of the home facility as an extra-cost option. Various other upgrades and enhancements may also be offered, and sometimes even included in the base price, particularly if the prospective timeshare buyer is hesitating at making a commitment. What is virtually universal with timeshares are additional fees and charges which are required in addition to the basic investment to buy fractional ownership of a part of the facility. Maintenance fees are mandatory for the upkeep of the resort, and can be quite substantial. There may be separate charges for non-routine maintenance such as the easy. replacement of furniture or appliances. Property insurance and similar costs are often borne by the owner of the timeshare, or are pro-rated among the ownership base.. As with other forms of fractional real estate, selling the part ownership is usually not easy. Many timeshares today offer deeded ownership so that the purchaser has legal confirmation of ownership, but having a deed and selling the property are not the same thing at all. Those who buy timeshares are often induced to do so by explicit or implicit promises of likely property appreciation and enhanced worth, so that investment gain is a major motivation for some timeshare purchasers. Usually, however, those owners must sell their fractional share in the real estate market, as resorts are very reluctant to buy back a fractional share they have sold while, at the same time, continuing to sell further shares to the public. This would obviously put them in competition with themselves in trying to re-sell the repurchased timeshare to another potential owner.
Business law Essay Example | Topics and Well Written Essays - 250 words - 21
Business law - Essay Example What happened before filing of the suit is that the plaintiff had been ordered to do the work anew. This plaintiff did not do wholly but only did part since reconstruction would require demolition of thee whole structure. The plaintiff went ahead and asked for payment for which the defendant denied. This denial of payment thus led to Jacob and Young Inc. to filing this suit. Here, the courts had to resolve whether the defendant’s argument was feasible. This is because the plaintiff had presented evidence that the materials used in construction were of the same quality as that the client had specified although not from the manufacturer the client had stipulated. The court finally decided for the plaintiff after judging that the materials used in construction were in fact of the standard quality the client had specified although from a different manufacturer. The decision was affirmed in whole. The rule of law is that â€Å"If the difference in value is greater than measure of allowance, then compensation is to be given.†(Shourie, 50). The court reached its decision by looking at the plaintiff’s facts and ruled that they were
Wednesday, October 16, 2019
Fractionals and Related Shared Ownership Formats Essay
Fractionals and Related Shared Ownership Formats - Essay Example Timeshares first became popular in the 1980s with people searching for very attractive and even unique vacation locations which would still be affordable for their families. The genius of the timeshare is that it allows the purchaser to own his or her vacation residence for only the part of each year during which that vacation may be taken. For To meet the important need for variety of vacation locations, many timeshare providers have exchange arrangements with other timeshares all over North America or even all over the world. Thus, by purchasing a timeshare in a particular resort location, if the unit is available for that additional period. Some offer the opportunity to use other resorts in place of the home facility as an extra-cost option. Various other upgrades and enhancements may also be offered, and sometimes even included in the base price, particularly if the prospective timeshare buyer is hesitating at making a commitment. What is virtually universal with timeshares are additional fees and charges which are required in addition to the basic investment to buy fractional ownership of a part of the facility. Maintenance fees are mandatory for the upkeep of the resort, and can be quite substantial. There may be separate charges for non-routine maintenance such as the easy. replacement of furniture or appliances. Property insurance and similar costs are often borne by the owner of the timeshare, or are pro-rated among the ownership base.. As with other forms of fractional real estate, selling the part ownership is usually not easy. Many timeshares today offer deeded ownership so that the purchaser has legal confirmation of ownership, but having a deed and selling the property are not the same thing at all. Those who buy timeshares are often induced to do so by explicit or implicit promises of likely property appreciation and enhanced worth, so that investment gain is a major motivation for some timeshare purchasers. Usually, however, those owners must sell their fractional share in the real estate market, as resorts are very reluctant to buy back a fractional share they have sold while, at the same time, continuing to sell further shares to the public. This would obviously put them in competition with themselves in trying to re-sell the repurchased timeshare to another potential owner.
Tuesday, October 15, 2019
The Question of State Rights and the Cause of the American Civil War Essay
The Question of State Rights and the Cause of the American Civil War - Essay Example In fact, the issue of slavery only served as a trigger that eventually let loose the war that was waiting to happen due to animosities between the states, particularly those in the South, and the federal government. These animosities are based on the contrasting stand regarding the issues of state rights and the powers of the federal government when it comes to the administration of the states. It was during the presidency of Abraham Lincoln that the issue of slavery became such a contentious and divisive issue in the country. Most of the states in the North have made into law the abolition of slavery but the South continued to defend it as a very important aspect of the economy. However, Lincoln strongly pushed for the abolition of slavery on a nation-wide scope. This angered the South who also had supporters or lobbyists within the halls of congress. In a debate with a pro-slavery political figure, Lincoln said, â€Å"I believe we shall not have peace upon the question until the o pponents of slavery arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction; or on shall become alike lawful and in all the States, old as well as new, North as well as South.†i This point only antagonized further the states, particularly in the south. This stance from the president himself only encouraged the Southern States to consider seceding from the Union and to establish their own sovereign country which would naturally continue to promote slavery as a means of utilizing manpower for its economic activities. This conflict also highlighted the unresolved debates that occurred during the founding period of the country. Such issues were once sidelined intentionally or were relegate to the background while the country was still trying to establish itself politically and economically, especially because it had just won independence. However, it did not take long for such antagonisms to grow into actual conflicts. All it took was for the federal government to insist on it’s the laws at the expense of the states for these to happen. A particular event that led to the sharpening contradictions evidently between the North and South, but actually between the federal government and the states, was what happened in the Nullification Crisis in 1832. At that time, a federal law was made that introduced tariffs in order to discourage foreign competition with the products of the industry which were largely found in the North. However, such law put the South at disadvantage because of its dependence on imports. Through their own interpretation of the Constitution, key political leaders of the South insisted in nullifying the said tariff law. They pointed out that â€Å"should the federal government exceed its delegated powers by, for example, enactive a protective tariff, a state had the power to declare such an action unconstitutional and therefore null and void within it s boundaries.†ii This is exactly the same attitude that the Southern states had when the North and the federal government moved for the abolition of slavery. Due to the fact that such legislation would put it at such great disadvantage many of the states in the South actively sought exemption from it. From the perspective of the federal gover
Monday, October 14, 2019
Turner Sports New Media Marries TV and the Internet Essay Example for Free
Turner Sports New Media Marries TV and the Internet Essay In this case we see that On Aug 28, 1907, Wayne Casey established the United states Courier Company in Dallas, California, capitalized with $100 in debt. In 1913, the first distribution car showed up, a Design T Honda. Casey and Ryan combine with a opponent, Evert McCabe. In 1919, assistance started in Concord, Florida. The name U. S. Package Service was implemented. The first formal company logo was published. In 1930, a consolidated assistance started in New York, and soon after in other major places in the East part of the country. Soon the name U. S. Package Solutions implemented all over the nation. All UPS automobiles are then colored brownish because it was seen nice, sensible, and professional. In 1937, The UPS company logo is improved for the first time; it then involved the tag line The Delivery System for Shops of Quality. In 1940–1959, Services are extended by obtaining common carrier privileges to provide offers between any client, private and commercial. The first thing a UPS car owner choices up each day is a portable pc called a Distribution Details Purchase Device called (DIAD), which can access one of the wireless systems mobile phones rely on. As soon as the car owner records on, his or her everyday route is downloadable onto the portable. The DIAD also instantly catches consumers signatures along with pick-up and delivery information. Package monitoring details are then passed on to UPS’s pc network for storage and handling. Through its computerized program monitoring system, UPS can observe and even re-route offers throughout the distribution process. At various points along the path from sender to recipient, bar code devices check out delivery details on the program brand and nourish data about the progress of the program into the main computer. Customer support associates are able to check the position of any program from personal computer systems connected to the main computer systems and react instantly to queries f rom clients. UPS clients can also access this detail from the businesss Web site using their own computer systems or cell phones. In July 2009, UPS released a new Web-based Post-Sales Order Management Program called (OMS) that controls international service purchases and stock. It allows high-tech , aerospace, medical equipment, and other companies anywhere in the world that deliver crucial areas to quickly evaluate their crucial areas stock, determine the most maximum redirecting way to meet client needs, place purchases online, and track areas from the factory to the end user. UPS is now using its years of skills handling its own international distribution network to handle strategies and provide sequence activities for other organizations. It created a UPS Supply Chain Alternatives department that provides a complete package of consistent methods to signing up organizations at a portion of what it would cost to build their own systems and facilities. These solutions include provide sequence design and management, shipping sending, traditions broker, mail solutions, multimodal transport, and financial solutions, in addition to logistics. UPS has a poor worldwide place, since none of the US shipping transportation organizations has a prominent international place there is a large prospective that UPS could be the innovator. Moreover, UPS has just obtained the privileges for six immediate flight to Chinese suppliers. This is just one of further actions UPS should perform in order to overcome the Asian industry. UPS should develop up an Asian system by establishing up an Asian hub, purchasing air tracks, and developing connections to Oriental government authorities.
Sunday, October 13, 2019
Climate Change Will Affect Invertebrates And Vertebrates Environmental Sciences Essay
Climate Change Will Affect Invertebrates And Vertebrates Environmental Sciences Essay Global climate change is predicted to cause temperatures to increase by 1.4-5.8ËÅ ¡C by the year 2100. This will likely have a profound impact upon many land animals. Here, four animal groups were selected for review; amphibians, insects, polar bears and birds. Many species will most probably move further north, where conditions will be cooler. Changes in breeding will occur, with many species breeding earlier, as already demonstrated by amphibian and bird species. Higher temperatures are likely to benefit insects, causing higher metabolic rates and increasing their numbers. Alternatively, a warmer future for polar bears doesnt look promising. With rapid loss of sea-ice, many individuals are suffering, as obtaining food is becoming increasingly difficult. Predicting the likely impacts of climate change is complex as each species will be affected differently. Further research is needed to predict the impacts of rainfall patterns and extreme weather events upon the survival of lan d animals. Abstract 2 Global climate change is well under way, with global mean annual temperatures set to increase by 1.4-5.8ËÅ ¡C by the year 2100. This major environmental change has the ability to influence both species distribution and extinction rates. Here, four animal taxa were selected for review; amphibians, insects, polar bears (Ursus maritimus) and birds. Northern distribution shifts are likely to become increasingly common across all groups as species exploit new habitats and seek cooler conditions. Phenological changes will take place such as earlier breeding in amphibians and birds, though it is uncertain about what this will mean for their persistence. Climate-facilitated diseases may influence extinctions, such as Saprolegnia ferax, which causes mortality in amphibian embryos. Higher temperatures are likely to benefit insects, causing an increase in flight-dependent activities. Alternatively, a warmer future for polar bears doesnt look promising. With rapid loss of sea-ice, the body conditions of many individuals are declining, and desperate foraging strategies such as cannibalism have been reported. Predicting climate induced effects is complex as responses will be specie-specific and potential evolutionary adaptations need to be taken into account. Further research is needed to predict the impacts of precipitation and extreme weather events upon the fitness of terrestrial species. 1.0 Introduction Long term global climate change is currently at the forefront of scientific interest. Climatic variation is undoubtedly a natural process, but the balance of evidence available suggests that excessive human activity has been the dominant reason for the recently observed dramatic changes in climate (Telemeco et al, 2009). Records have shown that since the 1970s, global mean annual temperatures have increased significantly, rising by approximately 0.15ËÅ ¡C per decade (Beaumont and Hughes, 2002). It has been predicted that this trend will continue, and global mean annual temperatures are likely to have increased by 1.4-5.8 ËÅ ¡C by the year 2100 (op.cit). Some researchers believe that such temperature rises will be the largest anthropogenic disturbance ever placed upon natural ecosystems (Deutsch et al, 2008). Whilst this warming has received a great deal of attention, changes in precipitation patterns and the frequency of extreme weather events will accompany this temperatur e variation. These recently devised predictions are causing immense concern amongst scientists, because assuming that they are correct, the biodiversity across the globe will be altered significantly. Distribution, the geographical occurrence or range of an organism, is mostly controlled by climate, and therefore, it is anticipated that this will be notably affected in numerous species (Pearson and Dawson, 2003). Studies have shown that global climate change has already taken effect and has been the cause of numerous distribution shifts observed in a variety of organisms during the past 30 years (Thomas et al, 2004). A study carried out by Hitch and Leberg (2006) found that distributions of North American bird species were moving significantly further north, most probably as a result of increasing temperatures. The extent to which animals react to global climate change, whether it be through changing their distribution or reacting in others ways, will depend largely upon several fac tors. The first is the geographical location of the species and the second being the presence of particular biological traits. These traits are related to factors such as genetic make-up, ecology and life history stages, influencing an individuals vulnerability to climate change. Specific traits include dependence upon a particular microhabitat, dispersal limitation due to geographical barriers and low genetic diversity (Foden et al, 2008).Therefore, not all species will respond in similar ways, even when exposed to the same climatic conditions, meaning that the persistence of some species will be threatened more than others. Extinction, due to climate change, will be the likely reality for some species, and it has been estimated that 15-37% of terrestrial species will be committed to extinction by the year 2050 (Thomas et al, 2004). Research is currently very much centred on trying to identify those most at risk and looking for possible ways to reduce predicted extinction rates. Th ough much effort is being made, minimizing the emission of greenhouse gases, primarily carbon dioxide, is the single ultimate action which could save a vast number of species (op.cit). The publication of a growing number of studies regarding extinction in relation to climate change is making humans increasingly aware of the vital actions that need to be taken in an attempt to conserve the earths biodiversity. 1.1 Aims The aim of this review is to evaluate how global climate change will affect the distribution and status of both terrestrial vertebrate and invertebrate species. Status is quite a broad term but in context of biology and hence this review, it primarily refers to conservation status; examining how likely the animal is to become extinct in the future. Predicting the status of an organism is complicated and requires information regarding various aspects of its ecology, such as its habitat, foraging strategy and breeding behaviour. Research concerning a variety of animal groups will be examined, so that a wide range of potential effects across the animal kingdom can be identified. Here, four taxonomic groupings have been selected for review, due to their high vulnerability to climate change and/or high environmental importance. These taxa are also heavily represented in the available literature. The polar bear (Ursus maritimus) has been focused on due to its rapidly changing ice habitat. Insects and amphibians were selected mainly due to their ectothermic nature and are therefore highly sensitive to temperature. Finally birds were chosen due to their close association with climate, especially in migratory species. Although not every animal class has been reviewed, it is hoped that this literature review can provide a balanced evaluation with regards to an area of science which is causing both increased social interest and concern at the present time. 2.0 Amphibians It is widely accepted that amphibian populations are declining dramatically around the globe, with an estimated 43% of the total species currently in decline (Lips et al, 2008). This has prompted a satisfactory number of studies, which have researched the possible factors responsible for amphibian reductions (Corn, 2005). Though climate change as a cause was considered relatively understudied in 2003, it has since received an increasing amount of attention (Carey and Alexander, 2003). Amphibians are terrestrial ectotherms, having life history stages which are very much sensitive to both environmental temperature and precipitation (op.cit). This suggests that they should be highly vulnerable to climate change, but past records have shown that existing amphibians have descended from ancestors that were able to cope with climatic extremes and variability (op.cit). Nevertheless, it still remains highly important to discover if, and how these animals will be affected by global climate cha nge in the future. Understanding links between amphibian distribution and climate change is essential for their conservation, though relatively few studies have investigated this. Girardello et al (2010) undertook a study in an attempt to discover the likely implications of climate change on the distribution of amphibians in Italy. It was confirmed that climate greatly affects species distribution and precipitation plays a crucial role in determining range shifts (op.cit). Negative predictions were made in that the distributions of many amphibian species could reduce considerably. Mediterranean species such as Rana temporaria and those found in mountain habitats are of a main concern, as it was found that their distributions could decrease, despite the fact they may well colonize new areas (op.cit). One of the reasons for this is that many species in these particular locations are highly climate specialised (op.cit). Therefore, any small changes in climate could prove to be damaging in terms of their distributions. Distribution reductions are not only predicted for species in Italy but for those in other countries too. It is expected that the golden striped salamander (Chioglossa lusitanica), native to Spain and Portugal, will constrict its distribution between the years 2050 and 2080 (Corn, 2005). Research regarding 42 amphibian species throughout Europe produced somewhat more promising conclusions. It was found that temperature predictions for 2050 are not likely to be a major threat to this group of animals, and it was also concluded that they can be expected to expand their distribution (ArauÃÅ' jo et al, 2006). This is due to the fact that the warming of northern European areas will create new habitats, which species can exploit (op.cit). However, this will only be possible if the ability to disperse is unlimited. (Figure 1 illustrates the predicted species extinctions with no dispersal/unlimited dispersal in Italy). The involvements of factors which prevent or reduce dispersal, such as habitat loss, will only decrease range size, possibly contributing to amphibian population declines in the future (op.cit). Figure 1 Projected amphibian species losses (no dispersal) and gains (unlimited dispersal) in Italy, Girardello et al (2010). Unfortunately, it appears likely that during the time leading up to 2050, habitats will be further fragmented and destroyed. This does, however, assist current conservation, indicating that to aid the persistence of amphibian species; both existing and potential habitats must be protected and managed in a way that will allow optimum dispersal. Given that the current conservation status of 32% of known amphibian species is either threatened or extinct, understanding their relationship with climate change is vitally necessary (http://www.iucnredlist.org/ initiatives/ amphibians/ analysis). There are various ways in which a changing climate could affect the status of amphibian species, through both direct and indirect methods. For climate to have a direct negative effect, the levels of temperature, moisture and UVB (ultraviolet-b) radiation would need to exceed the lethal limit of a given species (Carey Alexander, 2003). Although recent studies have shown a correlation between amphibia n declines and climate change, there has been little evidence to suggest that amphibians have been subjected to lethal levels of environmental variables (op.cit; Corn, 2005). There are a number of ways in which climate change could indirectly affect individuals. Successful breeding is essential to ensure the survival of any species. It has been suggested that climate change could interfere with reproduction by causing breeding to occur earlier. Tryjanowski et al (2003) found that the first spawning dates of R.temporaria and Bufo bufo shifted 8-9 days earlier between 1978 and 2002; correlating with warmer spring temperatures. This could be both detrimental and beneficial. It may provide more time for growth whilst reducing exposure to UVB radiation (Corn, 2005). On the other hand, it could also cause exposure to extreme spring temperatures (op.cit). Whilst some studies have shown significant trends towards earlier breeding, there have also been a similar proportion of findings conclu ding that climate has no influence upon breeding time (op.cit). Disease has been positively identified as a major cause for amphibian declines, and climate change could potentially facilitate the spread of infectious diseases, causing species to become more susceptible (Lips et al, 2008). Chytridiomycosis is a disease caused by the fungal pathogen Batrachochytrium dendrobatidis, and has been responsible for amphibian extinctions (Carey and Alexander, 2003). However, Lips et al (2008) found no evidence that climate change is the cause behind outbreaks of this disease. The chytrid fungus most likely prefers cooler temperatures and requires an aquatic environment for transmission (Corn, 2005). Therefore, the current trend towards a drier, warmer climate is not likely to encourage outbreaks of this disease (op.cit). A second fungus, Saprolegnia ferax, has been reported to cause mortality in particular amphibian species. Bufo boreas appears to only be susceptible to this pathogen in the presence of UVB radiation. Kiesecker et al (2001) concluded that low levels of precipitation during El Nià ±o southern oscillation years caused the embryos of B.boreas to develop in shallower water. This in turn exposed them to extreme UVB radiation and as a consequence, the fungus caused mortality (op.cit). Although the association between current amphibian declines and climate remains uncertain, future climate change will inevitably provide serious challenges for amphibians. Whilst many of these challenges can be scientifically predicted, predicting how species will react proves to be more complex. Unfortunately, only time will tell which species will survive and which species will fail to persist under the pressure of a rapidly change global climate. 3.0 Insects Insects are the most abundant group of animals on the planet, making up two thirds of all described extant animal species (Stange and Ayres, 2010). Like amphibians, insects are ectothermic so are also strongly influenced by external temperature and other climatic factors. They are extremely important within natural ecosystems due to their position at the bottom of the food chain, and play vital roles in processes such as decomposition and pollination. Insects also have economic involvements, with some species acting as pests and vectors of diseases. Therefore, research focusing on how insects respond to climate change is beneficial for both the natural environment and human economy. Since the 1990s many studies regarding insects in connection to climate change have been carried out (Musolin, 2007). It is expected to exert powerful effects upon abundance, physiology and distribution, with effects becoming more prominent as the severity of climate change increases (Stange and Ayres, 20 10). A change in the distribution of insects has been one of the most frequently reported responses (Musolin, 2007). Those species living in northern temperate regions appear to be expanding their range northwards or moving to higher altitudes (Maes et al, 2010). Such shifts in distribution have been recorded in a vast number of species. In the year 2000, the distribution of the Southern green stink bug (Nezara viridula) in Japan was found to have moved 70km further north of that recorded in the early 1960s (op.cit). Other Heteroptera species, such as those living in Southern Europe, have been recently discovered in the north, probably as a result of climatic variation (op.cit). In Britain, species of Orthoptera have also extended their range. The unusually warm summers of 1989/1990 caused the distribution of the long winged conehead (Conocephalus discolor) in north-western Europe to progress north and east (Cannon, 1998). The distribution of Lepidoptera has been well documented, ow ing to this groups high fecundity and dispersal ability, allowing distribution to be followed over a relatively short time period (Roy and Sparks, 2000). Observations of Lepidoptera species have been carried out for over 20 years in Finland and prominent northern range expansions have been recorded (Stange and Ayres, 2010). With many distribution shifts having already occurred, it is relatively easy to predict how a warmer future will affect present insect distributions. Range expansion towards the poles is most likely to become increasingly common, as insects seek out new habitats. A change in geographical distribution is just one way in which climate change has influenced, and will continue to influence, insects. A broad range of additional climate change induced effects, revealed through recent studies, will most likely impact upon the future survival and fitness of many species. High temperature reduces the time that is needed for insects to raise their body temperature to the f light activity threshold (Beaumont and Hughes, 2002). As an outcome of this, there may be an increase in activities that rely upon flight, such as mate location and egg laying (op.cit). As a result, many of the predicted impacts upon butterfly species have been positive. However, other aspects of climate change, such as drought, may have undesired effects. Prolonged arid conditions can have a negative impact upon host plant growth and egg survival (Roy and Sparks, 2000). One of the most recognized changes observed in butterflies is advancement in their first appearance (op.cit). This has been observed in most British butterfly species, showing a strong correlation with elevated temperatures. It has been predicted that per 1ËÅ ¡C temperature increase, the first appearance of butterflies could advance by 2-10 days (op.cit). Advances in appearance have also been demonstrated in other insect groups. One month advancement in the spring appearance of Heteroptera species was found in Japan, and was also a consequence of soaring temperatures (Musolin, 2007). Other responses noted in insects include behavioural responses in Heteroptera, though they havent been frequently discovered. In Italy, a large number of seed bugs entered urban buildings during the summer. Apparently, this was done in an attempt to escape the harsh high summer temperatures and to find more suitable conditions for aestivation (op.cit). The diversities of dragonfly, butterfly and grasshopper species are expected to decrease in Belgium, if the predicted climate scenarios for 2100 are correct (Maes, 2010). Mortality can be one of the direct consequences of temperature as insects have specie-specific upper and lower temperature limits. In peacock (Inachis io) and comma (Polygonia c-album) butterflies, the proportions of individuals reaching adulthood differed dramatically with varying temperature (Bryant et al, 1997). 60% survived at 15-30ËÅ ¡C, 0% at 9ËÅ ¡C and 20-40% at 34ËÅ ¡C ( op.cit). Whilst such implications of global climate change are worrying, there may be some potential benefits. Metabolic rate is expected to double with each 10ËÅ ¡C increase and mortality due to cold temperatures during the winter many reduce (Stange and Ayres, 2010). An increase in insect abundance is most probable and can be supported by recent outbreaks such as the gypsy moth (Lymantria dispar) in Central Europe (Cannon, 1998). The extent to which insects are susceptible to extinction will depend partly upon their geographical location. Those inhabiting the tropics are likely to be most at risk as they are highly sensitive to temperature and are already living fairly close to their upper thermal limits (Deutsch et al, 2008). Population growth rates in the tropics are predicted to decrease by up to 20%, further reducing fitness (op.cit). Biological traits which will cause species to have a greater extinction risk include reduced dispersal ability and low temperature toleranc e. (op.cit). Most species which possess such characteristics inhabit low latitude areas. Unfortunately, whilst tropical areas are the most vulnerable, they are also the parts of the world which harbour the greatest biodiversity. In comparison, those insects in mid-high latitude areas are expected to experience increased population growth rates (op.cit). At higher latitudes, organisms are living at temperatures that are cooler than their optimum temperatures, so global warming could potentially enhance their fitness (op.cit). It can be seen that much effort has been made in an attempt to understand the links between insects and global climate change, and research will continue to try and establish which species are of greatest conservation concern. However, a key consideration which will play a role in extinctions is the extent to which species will be able to adapt (Cannon, 1998). Unfortunately, this is tremendously complicated to predict and as a result, many studies often overlook , or some have even exaggerated potential evolutionary adaptations. During the quaternary period, large-scale fluctuations in climate occurred, but the insect fossil record provides no evidence for large-scale evolutionary change during this time (op.cit). Many studies have also focused heavily upon temperature effects and have poorly investigated how rainfall and moisture could impact insects. However, this is mainly due to lack of information, as making predictions about rainfall patterns is relatively difficult. It can be expected that climate change will increase the abundance and distribution of the majority of insects but it must be remembered that responses will be specie-specific and care must be taken to avoid over-generalising predicted responses. Effort must be made to enhance our understandings, whilst aiming to fill current gaps in knowledge. 4.0 Polar Bears The polar bear is often regarded as a marine mammal. Although this animal is quite efficient at exploiting marine habitats, it cannot survive within marine waters. Therefore this large predator can be more appropriately referred to as a terrestrial mammal as it lacks the specific adaptations possessed by true marine mammals such seals. Arctic sea-ice is critical to the survival of polar bears, as they depend upon it for numerous aspects of their ecology (Sterling and Derocher, 1993). It acts as a substrate on which to make long distance movements, provides access to maternal denning areas and is a platform for mating (op.cit). Most importantly, the ice allows polar bears to hunt and feed upon their primary prey; ringed seals (Pusa hispida) and bearded seals (Erignathus barbatus) (Regehr et al, 2010). Therefore, changes to sea-ice habitat are expected to have a dramatic impact upon the survival and reproduction of individuals, ultimately affecting the status of the polar bear as a spe cies. With global climate change well underway, changes to arctic ice have already been documented. Since 1978, 14% of the total amount of ice cover has already been lost (Derocher et al, 2004). Thinning of ice is occurring and sea ice is breaking earlier in the year and freezing later. It has been speculated that in as little as 100 years, the arctic ice cap may disappear completely (Sterling and Derocher, 1993). Numerous studies have demonstrated how changes in sea-ice, undoubtedly influenced by rising global temperatures, are causing polar bears to suffer as a result. Polar bears prefer to hunt on ice which lies over the continental shelf, as the waters here are more productive than arctic basin waters (Regeher et al, 2010). Therefore, longer ice free periods over this area could lead to reduced foraging success and in turn could impact survival and reproduction. Between 2001 and 2005, declines in polar bear survival were observed (op.cit). This observation was linked to longer i ce free periods over the continental shelf. It forced individuals to spend more time hunting on ice situated over less productive waters and caused some to seek alternative prey on land (Stirling and Parkinson, 2006). In western Hudson Bay, Canada, the sea-ice now melts completely each year, giving polar bears no other choice but to spend a proportion of the year ashore (Regehr et al, 2010). Individuals on land suffer food shortages. Ice free periods in 2004 and 2005 were associated with rare behaviour (op.cit). There were incidences of cannibalism and even starvation, indicating the severity of food unavailability (op.cit). In addition, living on land increases the exposure to humans, further enhancing their risk (Sterling and Derocher, 1993). Research concerning female polar bears has produced somewhat disturbing conclusions. Not only are the weights of females decreasing (figure 2), reducing cub survival and reproduction rates, but it is expected that within 100 years most female s in Western Hudson Bay will be unable to reach the minimum body mass required to rear viable offspring (Derocher et al, 2004). Figure 2 Mean estimated mass of lone (and thus possibly pregnant) adult female polar bears in Western Hudson Bay,1980-2004 (dashed line indicates fit of linear regression), (Sterling and Parkinson, 2006). Thinning of ice is also occurring due to climate change. Thinner ice moves more quickly which could mean that polar bears need to use more energy to stay in contact with their preferred habitats (Derocher et al, 2004). Ice of reduced thickness also breaks up more easily. It has been shown that polar bears completely abandon ice and move to land when the concentration of ice drops below 50% (Derocher et al, 2004). This is most probably due to the increased costs of locomotion which are associated with walking over fragmented ice (op.cit). Considering that ice is required for long-distance movements, changes in ice may influence the distribution of polar bears. Large areas of open water due to lack of ice in addition to strong currents, may function as barriers, preventing the movement of polar bears, as implicated in South-eastern Baffin Island and Eastern Beaufort Sea (Sterling and Derocher, 1993). Through the assessment of a variety of studies, it can be seen that the future for pol ar bears within the midst of climate change does not look hopeful. They are highly specialised mammals, are already listed as threatened under the US Endangered Species Act and their habitat is declining rapidly (Derocher, 2010). The population most at risk is that in Beaufort Sea, as it is experiencing severe nutritional stress. Drastic declines for this population are predicted and it may even vanish by the end of the century (Hunter, 2010). However, research has shown that there is still time to avoid such a scenario, providing effort is made to reduce greenhouse gas emissions. This indicates that the future of this species lies solely in the hands of policy makers, who have the supremacy to implement the nesseccary changes needed for not only the preservation of this species, but for many more too. 5.0 Birds Local variation in climate has long been recognised as an important factor affecting birds, but addressing how they will cope with long-term global climate change has only recently been attempted (Crick, 2004). Migratory birds have been of great interest, and this isnt surprising, considering that regular long-distance flights enable individuals to exploit various climates in different locations around the globe. Warmer winters are predicted to cause a slight increase in the number of short-distance migrant and resident bird species, whilst there will be a strong decline in the number of long-distance migrants (Lemoine and BoÃÅ'ˆhning-Gaese, 2003). This will likely be due to the increased competition resulting from resident bird species benefiting from the warmer conditions (op.cit). Migratory birds are also thought to be affected by mistiming, a result of climate change. This is when birds fail to breed at the time when their main food supply is most abundant (Both et al, 2006) . A study concerning the long-distance migratory pied flycatcher (Ficedula hypoleuca) showed that populations declined by 90% in 20 years as a consequence of this (op.cit). However, on a more positive note, it has been suggested that migratory birds are faced with a lower extinction risk that sedentary species, due to their high mobility (Sekercioglu et al, 2008). With the forecast of an intermediate climate change scenario (surface warming of 2.8ËÅ ¡C), it can be expected that 5% of sedentary species will become extinct, compared to 1% of long-distance migrants (op.cit). Global climate change appears to be causing birds to lay their eggs earlier. Data derived from the British Trust of Ornithology Nest Record Scheme revealed that 51 UK species showed trends towards earlier laying over a 25 year period (Crick, 2004). These trends were apparent throughout a variety of bird groupings including seed eaters, corvids and water birds (op.cit). The pied flycatcher exhibited an increase in egg and clutch size when eggs were laid earlier, indicating that warmer temperatures may be advantageous (op.cit). By the year 2080, it has been estimated that laying dates will be earlier for 75% of bird species (Crick and Sparks, 1999). This is a positive prediction as the advancement of laying dates suggests that birds are coping with temperature rises (Both et al, 2004). It may also mean that the incidence of mistiming may be reduced as the timing of hatching will be brought closer to that of peak food supply. In terms of distribution, elevational distribution shifts are probable. Pounds et al (1999) studied the mountain cloud forests of Costa Rica. It was shown that global warming had caused the average altitude at the base of the orographic cloud base to rise. This resulted in the colonization of previously cloud forest areas by birds from lower altitudes (Crick, 2004). There are concerns that such changes could have a detrimental impact upon some species. Through modellin g in the UK it has been suggested that species such as the snow bunting (Plectrophenax nivalis) may contract their range or even vanish from current breeding areas in the mountainous zones of the Grampians, Scotland (op.cit). Sekercioglu et al (2008) undertook a study to discover the impact of elevational limitations on the extinction risk of land birds (87% of all bird species). It was found that limitations in elevation actually accounted for 97% of the probability of a species being in a World Conservation Union category of extinction risk (op.cit). Using a model that combined elevational limitations and four habitat loss scenarios, it was predicted that 400-550 avian land species will be extinct and a further 2150 will be at risk, under an intermediate climate change scenario for 2100 (Figure 3 and Figure 4). Figure 3 The number of world landbird species estimated to be extinct by 2100, on the basis of different surface warming estimates, three possible shifts in lower elevational limit and four Millennium Assessment habitat change scenarios (Sekercioglu et al, 2008). Figure 4 The number of world landbird species estimated to be at risk of extinction (near threatened or threatened) by 2100, on the basis of different surface warming estimates, three possible shifts in lower elevational limit and four Millennium Assessment habitat change scenarios (Sekercioglu et al, 2008). 6.0 Conclusion Although most responses to global climate change are expected to be specie-specific, potential distributional changes appear to be quite uniform. Northern distribution shifts are likely to become increasingly common as species seek cooler climates. Elevational distributional changes will also occur, though elevational limitations in birds may increase their extinction risk. Impacts may range from phenological changes such as earlier breeding, to mortality resulting from temperatures exceeding thermal limits. Insects could potentia
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