Thursday, December 26, 2019

Constitutional principles - Free Essay Example

Sample details Pages: 5 Words: 1573 Downloads: 8 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Tags: Risk Essay Did you like this example? Lord Woolf in a recent interview expressed grave concerns regarding the reallocation of functions formerly under the control of the Home Office and the Lord Chancellor. Discuss the constitutional principles which Lord Woolf argued may be at risk including the separation of powers and the rule of law. Contents: (1) Introduction. (2) A brief history of recent constitutional reform. (3) Lord Woolf on the reallocation of powers. (4) Constitutionalism. (5) Conclusion. 1. Introduction Lord Woolf has voiced caution in the recent process of constitutional reform. His critique has been based on an understanding of the principles of the UK constitution and their functioning in practice. The former Lord Chief Justice urges remembrance of these foundations in seeking to improve the State, as failure may endanger liberty in the future. Before considering Lord Woolf’s comments and analysing their philosophical foundations, we will survey the le gal changes and their political background. 2. A brief history of recent constitutional reform In 2003 the UK government continued a process of rapid reform which had already undertaken regional devolution, removal of hereditary peers from the House of Lords, the and integration of the European Convention on Human Rights among other smaller changes. A Department of Constitutional Affairs was created partly to assign the Lord Chancellor a new role distinct from the judiciary. Formerly the Lord Chancellor was at the root of the three branches of government the executive, the legislature, and the judiciary. The Constitutional Reform Act 2005 aimed to resolve this discrepancy to the principle of the separation of powers and ensure compliance with the European Convention on Human Rights Article 6: the right to a fair trial. After some wrangling with the House of Lords the Government Bill was passed. The judicial functions of the Lord Chancellor were distributed to the Lord Chie f Justice. The role of Lord Speaker was relinquished, but the office of Lord Chancellor was retained as certain powers pertaining to the role can only be divested by Act of Parliament. The title of Lord Chancellor was to be held in conjunction with the new office of Secretary of State for Constitutional Affairs. In May 2007 the Department for Constitutional Affairs was disbanded in favour of a new Ministry of Justice. The Secretary of State for Justice also took the title of Lord Chancellor, and possesses powers pertaining to prisons, probations and sentencing. Such powers formerly belonged to the Home Office, which now has the remit to concentrate on matters such as terrorism, policing and immigration. 3. Lord Woolf on the reallocation of powers Lord Woolf, the former Lord Chief Justice, pronounced criticism and cautious acceptance throughout the process of constitutional reform. Initially annoyed that the government’s plans to abolish the role of Lord Chancellor we re announced somewhat surreptitiously on June 12th 2003 â€Å"in a press release† rather than a public debate, about which he was informed â€Å"minutes, rather than days† before (1). A slightly later statement claimed that the policy was made without consulting the judiciary and would create a â€Å"vacuum† in the constitution (2). The fullest exploration of this problem, and his new position on reform, was given to Cambridge University in the following year at the Squire Centenary Lecture (3). Lord Woolf began by summarising the characteristics of the British Constitution and evaluating its merits. Having both written and unwritten elements, which are not entrenched, the UK constitution is flexible but is lacking some of the protection afforded by more rigid documents. That there has been no pressing need for a written constitution reflects a culture of co-operation and mutual respect between the bodies of government. Tension was overcome by good-will, whic h was â€Å"made easier not because of the separation of powers, but because of the absence of the separation of powers†. There was a fundamental fusion between the branches. The Lord Chancellor belonged to all three, while the Law Lords also sat in Parliament. Fusion overcome discord and the separation of powers was achieved by a clear demarcation of roles. For example, parliamentary sovereignty and the sole right to legislate is maintained, as the judiciary are only given the right to interpret in the light of the Human Rights Act 1998 and not to ‘strike-down’ legislation in the manner of the United States Supreme Court. Lord Woolf recognised that there is a need to meet public expectations of judicial independence as a guarantee of the rule of law. Although he voiced earlier concerns about the abolition of the Lord Chancellor (4), he acknowledged that the office required reform and redistribution of certain powers due to increasing politicisation and a c onflict of interests on issues such as crime, immigration and handling tribunals. What was essential was to maintain the balance between the requirements of the separation of powers and the rule of law, and the delicate balance of checks and balances that have evolved with the unwritten constitution. Following the Constitutional Reform Act 2005 and the announcement of the creation of the Ministry of Justice, Lord Woolf gave an interview to the BBC Today programme in April 2007 raising â€Å"concerns about our liberty† (5). The distribution of powers on prisons and probations from the Home Office to the Secretary of State for Justice could conflict with the Lord Chancellor’s traditional role of protecting the interests of the judiciary in the Cabinet. This is compounded by the fact that through habit and tradition unwritten elements of the constitution judges look to the Lord Chancellor as the head of the judiciary. Furthermore, the departmental changes were wrough t without the consent of Parliament. It is clear that Lord Woolf’s concern is that constitutional changes should be scrutinised and legitimated by Parliament. 4. Constitutionalism Lord Woolf’s critique of reform involves a complex network of concepts. A constitution is, according to Professor KC Wheare, â€Å"the whole system of government of a country, the collection of rules which establish and regulate or govern the government† (6). Legality is to act intra vires: within the rules of the constitution. Constitutionalism is the view that the constitution itself should conform to certain philosophical principles, and it is from this stance that Lord Woolf judges reform. The rule of law is the most fundamental concept of a constitution, and has several meanings. Firstly, that law should pervade as opposed to anomy (7), and also that it has a superior status than non-legal claims such as decrees and conventions. The rights of individuals should be upheld unless they are in breach of the law, and there should be equality before the law for all individuals within the sovereign realm. Lord Woolf understands the necessity of the rule of law for a constitution to exist and identifies the judiciary’s important role in maintaining this. The un-entrenched UK constitution has evolved gradually to an effective system of checks and balances whereby the branches of the government and their respective powers form an efficient method of government while insuring individual liberty against arbitrary power. The separation of powers is a distinction that has its origins in Aristotle where government is divided into the ability to propose law, that of making law, and that of judging on law (8). The concept was later articulated more fully by Locke and Montesquieu as a means of achieving the rule of law. But Lord Woolf points out that the system also involves fusion at various points. These included the Lord Chancellor, the Law Lords in P arliament, and the executive drawn from the legislature. The reason for this, he surmises, is that of co-operation between the branches; like hands extended across the divide. In this view he is not alone: the principle of harmony has been expressed several times in the past (9). It is his achievement to remind us of its importance. 5. Conclusion In highlighting the principles that have informed the development of the constitution, Lord Woolf makes explicit the delicate nature of checks and balances. It is incorrect to place him against reform but he is a voice of caution against unconsidered change, such as the reallocation of the Court Service to political control. The grave danger for Lord Woolf is that well-meaning but ill-wrought changes to the separation of powers and points of harmony might ultimately curb our liberty. Footnotes (1) Interview with Lord Woolf, New Statesman 16 Feb 2004. (2) Legal Reform creates a vacuum, says Lord Woolf, The Independent 10 July 2003. (3) Lord Woolf, The Rule of Law and a Change in Constitution, Squire Centenary Lecture, Cambridge University, 3 March 2004. (4) H. Woolf, Judicial Review the tensions between the executive and the judiciary (1998) 114 LQR 579. (5) Lord Woolf fears Home Office reforms, (6) Quoted in Barnett H.(2006), Constitutional and Administrative Law, Routledge-Cavendish: Oxon; p. 7. (7) See Agamben G. (2005), The State of Exception; The University of Chicago Press: London. (8) Politics, Bk iv, xiv. (9) See Rui Verde, The Harmonious Constitution (2000), References Books: (1) Agamben G. (2005), The State of Exception; The University of Chicago Press: London. (2) Aristotle, Politics, Bk iv, xiv. (3) Barnett H.(2006), Constitutional and Administrative Law, Routledge-Cavendish: Oxon. Articles: (6) H. Woolf, Judicial Review the tensions between the executive and the judiciary (1998) 114 LQR 579. (7) Interview with Lord Woolf, New Statesman 16 Feb 2004. (8) Legal Reform creates a vacuum, says Lord Woolf, The Independent 10 July 2003. (9) Lord Woolf fears Home Office reforms, (10) Lord Woolf, The Rule of Law and a Change in Constitution, Squire Centenary Lecture, Cambridge University, 3 March 2004. (11) Rui Verde, The Harmonious Constitution (2000), Statutes: (12) Constitutional Reform Act 2005. (13) Human Rights Act 1998. Don’t waste time! Our writers will create an original "Constitutional principles" essay for you Create order

Wednesday, December 18, 2019

Andrew Jackson One of the Most Influential Presidents of...

Andrew Jackson’s influence on the politics of his time was remarkable. He was the only president to have an era named after him. He also changed the way this country was run and expanded the country’s borders. He changed much, but the four most important aspects of this era, in chronological order, were his victory over the British, his defeat in the presidential race of 1824, his successful presidential campaign in 1828, and his decision to remove Native Americans to land west of the Mississippi. His victory over the British in the Battle of New Orleans lifted his popularity exponentially. He was a newfound American hero, and this pushed his political ambitions towards the White House. In 1824 Jackson was defeated in a close presidential†¦show more content†¦What the Americans did not have in numbers, they made up for with â€Å"Andrew Jackson, whose courage, energy, and determination were vital to the victory.† From this defensive position they were a ble to hold the British and inflict heavy casualties upon them. Fighting a losing battle, the British retreated, boarded their ships, and fled the country. The irony of this battle was that it was unnecessary: the war had ended before the first scrimmage was fought. The defeat of the British under Jackson’s leadership boosted his reputation and made him a household name. Some even compared Andrew Jackson to the last American hero George Washington. With his reputation elevated to that of a hero, he became a symbol of nationalistic pride. With the American Revolution still fresh in people’s minds, the defeat of the British was celebrated. In one battle` Jackson had accomplished the best action possible to further his career. After becoming a national hero, Andrew Jackson wanted to further his career in politics. Jackson had held office in the government before, but not for any significant time period. Jackson decided to run for president against John Quincy Adams, Hen ry Clay, and William Crawford in 1824, but he lost. However, he did receive the most electoral and popular votes and when this happens, the vote goes to the House of Representatives. HenryShow MoreRelatedThe Legacy Of Andrew Jackson1523 Words   |  7 PagesAndrew Jackson was born on March 15, 1767 to Scots-Irish colonists Andrew and Elizabeth Hutchinson Jackson in the mountains between North and South Carolina. Jackson was born into poverty and as a result received very little education growing up. When The British invaded the Carolinas around 1780, Jackson’s mother and two brothers were killed during the conflict and British soldiers took the young Andrew Jackson prisoner, leaving him with a lifelong hostility toward Great Britain. In 1781, JacksonRead MoreThe Legacy Of Andrew Jackson1365 Words   |  6 PagesConceived in time of poverty, Andrew Jackson had turned into a rich Tennessee lawyer. When the time came and the war broke out between Britain and the United States, his administration in that conflict earned Jackson national fame as a military legend. He would then go on to turn into America s most influential and polarizing political figure between the 1820s and 1830s. After barely losing to John Quincy Adams in the 1824 presidential race, Jackson returned four years after the fact to win reclamationRead MoreAndrew Jackson s Influence On American History1368 Words   |  6 PagesAndrew Jackson is probably one of the most influential and possibly one of the most dynamic figures in American history. He was a great general and fine president. Although branded with unpleasant baggage of the infamous â€Å"trail of tears†, and furrowing the nation into its first economic depression (which his successor Van Buren who caught the panic of 1837). Andrew Jackson accomplished so much for the United States that he changed the â€Å"American Dream† into what is it today, by emphasizing any personRead MoreStrengths And Weaknesses Of Andrew J ackson Essay1073 Words   |  5 Pagesstrengths and weaknesses of Andrew Jackson as president. Was he really the populist president he made himself out to be? Explain your answer. Andrew Jackson was probably one of the most powerful and influential presidents during his time at the white house. He was hated, yet loved by many. Jackson was an American soldier, who gained fame as a general in the U.S and served in both houses of Congress. He was soon elected the seventh president of the United States. After Jackson took charge, he wantedRead MoreAndrew Jackson Was An Influential President1989 Words   |  8 PagesAccording to Andrew Jackson, â€Å"It is to be regretted that the rich and powerful too often bend the acts of government to their own selfish purposes†. Jackson believed that the rich were using their position of power to become wealthy. Jackson’s main goal during his presidency was to shift the power from the rich overpowering leaders to the more common people. He believed that the common people would do a better job at running the government and he wanted the voices of the people to be heard. Jackson was aRead More1831: Year of Eclipse 1248 Words   |  5 PagesEmpire. When you hear the year 1861, you get reminded about Abraham Lincoln becoming the sixteenth president of the United States and the start of the Civil War. There are so many more important years that stick out in American history. Those types of events are what Americans remember and live for. America is so beautiful for the story it has behind it and the names who have created it. But what most people look past and forget is that happened in the year 1831. It’s hard to put major historicalRead MoreThe First Seminole War1587 Words   |  7 PagesSeminole War was the first of three conflicts in the early 19th century that involved the United States Army and the Seminole population in Florida. At the time, Florida was still under the control of Spain. Most of its population consisted of the Seminole Native Americans and African Americans. The dates of the First Seminole War are debated but most believe that it occurred between 1816 and 1818. T his war took place after the War of 1812 and tensions were still high between the United States, SpainRead MoreAlexis Ranieri. Hist 1302:04. May 5, 2017. Final Exam.878 Words   |  4 PagesAlexis Ranieri HIST 1302:04 May 5, 2017 Final Exam Question II Andrew Jackson was the seventh President of the United States of America and served as President from 1829 until 1837. His Inauguration was March 4, 1829. Some of Jackson’s major goals as President were as follows: purge government corruption and privilege, Indian removal, affirm national sovereignty, pay off national debt, kill the B.U.S., and hard currency. These goals were known under the Jacksonian Program. To solve the â€Å"IndianRead MoreThe Equitable Change Of The Voting And Race Laws1599 Words   |  7 Pagesor free dark individuals. A religious recovery development called the Second Great Awakening, drove by Methodists and Baptists, changed the religious scene. Another political gathering, the Democrats, had blended around Andrew Jackson, coming full circle in his race as President in 1828 and disparaging the Adams organization s vision of patriotism. The 1828 race was a watershed in constituent history, engaging the masses and focusing on identities, not issues. The ascent of political gatheringsRead MoreAndrew Jackson, The Man On The Twenty Dollar Bill908 Words   |  4 PagesAndrew Jackson, the man on the twenty dollar-bill, is a highly respected commander and an individual who should not be reckoned with. In Hickey’s Glorious Victory, he is regarded as the â€Å"People’s President† and is arguably one of the best leaders to have ruled this nation (Hickey, 48). Despite his success as president, he is tangled in many contradictions. For example, he is known to be racist to the Natives, but adopting a native orphan; he is also known as a slaveholder, but he also welcomed free

Monday, December 9, 2019

Internet Usage free essay sample

This is having a major effect on the social aspects of community life with potentially serious consequences. A substantial amount of evidence is emerging proving the internet to be a danger. Internet addiction is at the centre. Students are the most at risk. They have large amounts of free time to spend on the internet (Young, K Surfing not studying: dealing with internet addiction on campus). Thus increasing their risk of becoming addicted. Social Implications of the internet Is the internet having a negative effect on social aspects of life? The internet is having a large impact on community life. Many people now shop online; do online banking, online learning, socializing online and even online dating. This is all reducing face-to-face contact within the community. People no longer bump into each other while on the way to the bank, or at the shops, the community are turning into strangers to each other. We will write a custom essay sample on Internet Usage or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page People are choosing to sit at home alone on the internet instead of going out. This is a massive change to traditional community life. The internet is a massive step in communication. It has bridged the ommunication gap between continents, dramatically reducing the costs of keeping in touch. Online Communication methods include e-mail, audio and video conferencing and IP telephony just to name a few. Communication using the World Wide Web is quick, cheap and effective. All of these communication mediums are an enjoyable way to spend time, however, too much time spent on the net can result in an addiction. The internet communication boom does have its pitfalls. Society is only just becoming aware of the potentially serious consequences of internet usage. Social networking sites such as Facebook, Second Life and Myspace reduce face-to-face interaction. Internet addiction, first dismissed, is now a real and serious issue among the younger, more computer literate generation. Philip Brey (2006) stated that online relationships affect offline relationships negatively, by causing people to become complacent when communicating face-to-face. He also claims that online relationships are not as meaningful and people tend to be fake. There is evidence to suggest that using the internet regularly can cause feelings of ‘depression’ and ‘alienation’ (Ackermann, E 2000). For many, social networking sites are a simple way to keep up to date with friends abroad, and are to be used now and then, for some, it’s not that simple. These social networking sites and online gaming facilities, known an MUD’s or MMORPG’s can cause people to get addicted to the internet. Fact. As we know, it is hard to police the internet; there is no set law and order. Internet law needs to be modified. The laws that apply in Australia may not apply on the internet because ‘cyberspace is global’ (Darlington, R 2002). Many people are not who they say they are and peoples personal details can be stolen. Other causes for concern are censorship, cultural domination and digital divide. Some governments block certain information from their citizens. A loss of individual culture is also an issue; many traditions are being lost because western values are dominating the internet. (Foley, JP 2002) Method Survey Design Method During the design process of the survey, the participants were taken into account. Numerous class discussions showed that internet addiction was clearly an issue for concern for students. With the knowledge that all participants would be students ranging from 18-25 the survey mainly revolves around questions that relate to internet addiction. For the final survey see appendix A. In order for the surveys to be sent and received in an organized manor, a distribution list was set up. Following this, a polite email explaining what the survey was about and what it was for was sent to all five participants. The survey was attached to the email. In order to prevent confusing answers, a set of instructions suggest the answering method i. . to ‘highlight’ and put in ‘bold’ the chosen answers. This made the result taking process a lot easier. Once the data was obtained, a rough results table for each question was recorded, and the results were checked to minimize human error. Once the results were clear, the data was recorded in Microsoft Excel. The data was also colour coded in correlation to the question to avoid confusion. Here is an example of the spreadsheet data for question.

Monday, December 2, 2019

Of Human Bondage Essays - English-language Films, Bisexual Men

Of Human Bondage Family, love, and friendships are a few of the many colorful threads that are taken and woven into a tapestry of life. Every person one meets on the way will influence the patterns of that tapestry. Every incident, be it tragic or cheerful, will guide the shuttle to take on new directions. With this in mind, William Somerset Maugham's autobiographical novel Of Human Bondage offers the reader a first person perspective on the first thirty years of a young man's life. Philip Carey was born with a clubbed-foot. Many critics believe that this birth defect paralleled Maugham's own trouble with stammering. This handicap acted as a basis for all the anxiety and self-consciousness that shadowed Philip's life. As readers, we shadowed Philip as well, following him from childhood in England, to adulthood in Germany, adventures in Paris, and back to a village on the British coast. Together with Philip, we were drawn into a world of cynicism, passion, hatred, and the yearning to become someone greater. In the beginning, innocence reigned. As a little boy who was just orphaned, Philip took everything in, not comprehending his situation. There was simplicity in his thoughts and naivete in his actions. He soon developed self-consciousness about his clubbed-foot, however, when he was sent to an all boys' school. He was endlessly humiliated by his fellow classmates and was treated differently by the teachers. When he did something wrong, the teacher would not cane Philip like he would any other wrong doer because Philip was a cripple. Having suffered years of shame and loneliness, Philip was truly grateful to finally make a friend. Rose was very popular with the boys. He was outgoing and whimsical, and Philip was honored to have Rose treat him as a normal person. There comes a time, unfortunately, in many friendships when one of the people involved becomes possessive. Philip became jealous of Rose's other friends, and in childish revenge, Philip made friends with Sharp, a boy whom he de spised. It was Sharp who gave Philip the idea to go to Germany to study and experience the world. Philip wanted to get out of England so much that he began to slack off, and eventually, he threw away his scholarship to Oxford. In his teenage defiance, he learned independence. Out in the world, he met people who left lasting impressions in his personality. Being sensitive and inexperienced, Philip believed whatever the next person who came into his life believed. His uncle had taught him Christianity as a child, and Philip had faith in it. Hayward taught him that there was more to religion and that civilized people were poets and lovers, and Philip believed him. Cornshaw then gave him the idea that Christianity was just morality and those poets were dreamers, and Philip hated his uncle for instilling a rigid religion and believed that Hayward was living unrealistically. One of his biggest fears about disbelieving in God was that maybe he was wrong and that he was sinning by becoming an atheist. Then, in a rare burst of young wisdom, he decided that ?after all, it's not my fault. I can't force myself to believe. If there is a God after all and he punishes me because I honestly don't believe in Him I can't help it (104).? According to A. C. Ward, Maugham's ?effectiveness as a critic of life is in inverse proportion to his solemnity.? We might be shocked by some of the strong feelings that Philip felt, but Maugham knew this. He wanted Philip to be honest with himself and in doing so, he wanted to remind readers of the flaws in mankind. John Lehmann once said, ?[Maugham's] originality, his power of holding the reader's attention, consists largely in putting conventional stories in exotic settings.? Maugham wrote of places sometimes with vehemence and sometimes with awe in order to pull readers in even more closer to Philip's own feelings. Philip traveled to many places in his life. We observed from the tidy, little house of his aunt and uncle and the crowded rooms of the school to the elegant and simple rooms of Germany and Paris that Philip's emotions were closely related to where he was. For

Wednesday, November 27, 2019

Definition Essay Sample on Chicago A Picture of the City

Definition Essay Sample on Chicago A Picture of the City The article by Sweeney and Gorner entitled Teen Parolee Charged with Killing Chicago Cop, Former Cha Officer, The Devil in the White City by Larson, and For the Thrill of It by Baatz Simon introduces a picture of the city of Chicago, and the criminal acts that are associated with it defining the characteristics of a personality in Chicago. The common point that the three articles share is crime in the context of taking human life and the city of Chicago as an environment that allows this act to define the characteristics of a personality. Larson talks about the history of crime in the city of Chicago by defining the surrounding factors that made it so easy for crime to be committed. The author talks about the thousand trains that come in and left the city bringing with them young women who were single and had never seen the city yet hoped to live in a big and tough city like Chicago calling it their home. Larson describes Chicago by writing about the streets angling past gambling houses, bordellos, and bars, where vice thrived together with the indulgence of the officials. Describing the old Chicago trait, Larson mention Hecht’s description of how he perceived the city; â€Å"It was good or pleasant, in a certain way, to be aware that outside their windows, the devil was still capering in flare brimstone.† The surrounding of the streets in Chicago according to Larson describes death to come as often as unexpected to an extent that one could step out of a curb and lose his life or be killed. The deaths were as rampant as two people per day were, but this could not be recognized since other causes apart from killing also contributed. The causes that included fires, horses bolting and dragging carriages into the crowds, streetcars falling from the drawbridges, and cholera, typhus, diphtheria, and influenza, appeared to cover up the murders that were also going on in the city. The author argues that the rate at which women and men killed each other or committed murder rose steadily in Chicago and police realized that they had no expertise or work force to manage these acts. The causes for the murders in Chicago are recorded to be prosaic and arise from argument, sexual jealousy, or robbery. Larson mentions the five –murder spree by Jack the ripper as the act that defied every explanation ever given for the murders. This signified that a lot was changing and everyone was looking at the boundary that existed between the wicked and the moral as being degraded. â€Å" it was so easy or very simple to disappear, so simple to deny knowledge, so easy in the din and smoke to mask that a dark thing had occurred†(Larson) The tribune reporter’s (Sweeney and Gorner) story on the other hand presents Chicago as a city of the gun. A teenage parolee who is determined to escape arrest because of a burglary charge shoots and kills a victim breaking in. Calumet who is the area commander described this act as â€Å"unbelievably, unfathomable, and so egregious.† Herring a parolee guns down Flisk Michael, a police officer, and Stephen Peters, a former Chicago Housing Authority officer without the victims having a chance of defending themselves. The reason given for committing such murders is that Herring was avoiding being caught for a burglary. Flisk is said to be the second officer to be shot in a week. Chicago police has had a violent 2010 most of which is the response to burglary. The killing of the police officers is becoming a characteristic of the Chicago personality as this report indicates that in less than 5 months in 2010, six officers have died in the line of duty. â€Å"A sixth office r (a sergeant) was killed in a car accident in the month of February, when responding to burglary.† (Sweeney and Gorner) Darrow is campaigning free love in a case where he represents Loeb Richard and Leopold Nathan who shot Franks Bobby and now faces a death penalty. The arguments that Clarence Darrow presents to the court regarding this case seems to support the Chicago personality of committing murders because of the simplest reasons. The first point that Darrow presents to the court is about the ages of the defendants. â€Å"There is no precedent that the court hangs two defendants who had not yet reached their majority.† (Baatz 373) This reason that Darrow gives is aimed at persuading the court to lessen it ruling on the murder case involving the two defendants. The second key reason that the lawyer presents to the court as the cause of the murder is the world war. Darrow says, â€Å"It was the Great War, more than any other single event or factor, had contributed to the murder of Bobby Franks.† (Baatz 376). The argument by Darrow that the killing of human beings had become so routine, casual, and so commonplace, that society now possessed a bloodlust, which inevitably found its way into Richard and Nathan, emphasizes Larson’s argument of Chicago being a human with the skin removed. The age of the Richard and Nathan take a center stage in Darrow’s defense and the lawyer argues that if the judge can hung an 18 year old boy then some other judge will hang the boy at 14, 16, or 17 whereas Herring is a teen and also manages to shoot two officers. The point of appeasing the mob and an act of revenge that Darrow mention (377) if the judge rules that Richard and Nathan be hanged appears to describe the murders in Chicago as right so long as the court will consider the minor as emotionally incapacitated. The murder of the officers by Herring is committed by a minor similar to the one by Nathan and Richard. The common point in both of these cases is that a gun is used by the defendants to commit the murder. It is true that times have changed and the reasons why murder was committed in the black city of Chicago are no longer the same ones for today. The accidents that claim the lives of the officers while responding to the crimes involving gun shooting or burglary are all killings. The argument by Darrow that hanging Richard and Nathan will not bring Franks Bobby’s life back, or deter crime is opposed by Sweeney and Gorner report stating that the shooter (Herring) is arrested by the police in a swift response, and charges are announced after the arrest. Larson’s article gives a picture of what Chicago has became and the murders that are still going on both in Darrow’s case and Herrings shooting portray the gun as a personality characteristic in Chicago.

Saturday, November 23, 2019

Missouri ST - Admissions Information

Missouri ST - Admissions Information Missouri University of Science and Technology Admissions Overview: Missouri University of Science and Technology admits 79% of those who apply each year, making it largely accessible to those who apply. Students interested in applying to Missouri ST will need to take the SAT or ACT, and send in those scores to the school. Additional materials include an application form and high school transcripts. Will You Get In? Calculate Your Chances of Getting In  with this free tool from Cappex Admissions Data (2016): Missouri ST Acceptance Rate: 79%Test Scores 25th / 75th PercentileSAT Critical Reading: 583  / 678SAT Math: 603  / 698SAT Writing:  - / -What these SAT numbers meanTop Missouri colleges SAT score comparisonACT Composite: 25  / 31ACT English: 24  / 31ACT Math: 25  / 30ACT Writing: - / -What these ACT numbers meanTop Missouri colleges ACT score comparison Missouri University of Science and Technology Description: Founded in 1870, the Missouri University of Science and Technology was the first technological institution west of the Mississippi. The school has gone through several name changes during its history, and it was in 2008 that it changed its name from the University of Missouri-Rolla. The schools home of Rolla, Missouri, is a small and safe city surrounded by the Ozarks. Outdoor lovers will find lots of opportunities for hiking, biking and canoeing. For a larger city, Saint Louis is about 100 miles away. Missouri ST has a 16 to 1  student / faculty ratio  and an average class size of 27. Lab sections average 17 students. On the athletic front, the Missouri ST Miners compete in the NCAA Division II Great Lakes Valley Conference. Enrollment (2016): Total Enrollment: 8,835  (6,906 undergraduates)Gender Breakdown: 77% Male / 23% Female90% Full-time Costs (2016  - 17): Tuition and Fees: $9,057  (in-state); $25,173 (out-of-state)Books: $836  (why so much?)Room and Board: $9,780Other Expenses: $2,372Total Cost: $22,045  (in-state); $38,161 (out-of-state) Missouri University of Science and Technology Financial Aid (2015  - 16): Percentage of New Students Receiving Aid: 96%Percentage of New Students Receiving Types of AidGrants: 89%Loans: 57%Average Amount of AidGrants: $9,045Loans: $6,756 Academic Programs: Most Popular Majors:  Aerospace Engineering, Architectural Engineering, Biology, Chemical Engineering, Civil Engineering, Computer Engineering, Computer Science, Electrical Engineering, Industrial Engineering, Mechanical Engineering What major is right for you?  Sign up to take the free My Careers and Majors Quiz at Cappex. Retention and Graduation Rates: First Year Student Retention (full-time students): 83%4-Year Graduation Rate: 22%6-Year Graduation Rate: 64% Intercollegiate Athletic Programs: Mens Sports:  Cross Country, Swimming, Football, Track and Field, BasketballWomens Sports:  Soccer, Softball, Volleyball, Basketball, Cross Country Data Source: National Center for Educational Statistics If You Like Missouri University of Science and Technology, You May Also Like These Schools: Saint Louis University: Profile | GPA-SAT-ACT GraphPurdue University: Profile | GPA-SAT-ACT GraphUniversity of Kansas: Profile | GPA-SAT-ACT GraphIowa State University: Profile | GPA-SAT-ACT GraphDrury University: Profile  University of Illinois - Urbana-Champaign: Profile | GPA-SAT-ACT GraphStanford University: Profile | GPA-SAT-ACT GraphColorado School of Mines: Profile | GPA-SAT-ACT GraphTruman State University: Profile | GPA-SAT-ACT GraphKansas State University: Profile | GPA-SAT-ACT GraphWashington University in St. Louis: Profile | GPA-SAT-ACT Graph

Thursday, November 21, 2019

International Tourism Marketing Essay Example | Topics and Well Written Essays - 4000 words - 1

International Tourism Marketing - Essay Example This number represented a growth of 6.6 percent when compared to that of 2009. Receipts for international tourism grew by $919 billion in 2010, a number that corresponded to a rise in real terms of 4.7 percent (Corigliano and Baggio, 2004:301). Many countries around the world used to depend solely on other means of generating income. Introduction However, as time went by and economic analysts realized what tourism and its related businesses could do for a country’s growth, they initiated measures that aimed at encouraging intensive investment in tourism. In contrast to those other economic activities, tourism bases on competitive advantages and has the potent ability of creating additional income, growth, and job opportunities for many decades to come (Au, 2010:4). Estimates depict that international tourist arrivals will be more than 1.6 billion in 2020. International tourism suffered a setback due to the terrorist attacks that took place on September 11 that pushed the US ec onomy and indeed many others into recession. The September 11 terrorism attacks led to erosion of consumer confidence in travel (Akehurst, 2009:52). This traumatic blow delivered directly to the US tourism and leisure travel as well as domestic travel had no comparison even to the Kosovo or the Gulf War. As a result, the US economy took longer than projected as opposed to Germany and Britain (Fayal and Garrard, 2005:47). Given the tremendous results of international tourism as well as the possible challenges affecting its growth, this paper will seek to analyze the significance of social media in international tourism marketing. As of today, the behavior of consumers in tourism is different due to the hyperactive competition, digitization of the world economy, and the effects of globalization. This trend is becoming a multidimensional concept whereby people view it as an outcome of a dynamic system based on relations between the processes involved in motivation, attitude, effective manifestation, information, and perception (Corigliano and Baggio, 2004:302). With this respect, to research certain dimensions those are congruent to consumer behavior in international tourism in order to determine the consumption and purchasing pattern of the respective customers is essential. This helps in tailoring and catering for the customers’ needs and wants, which in turn translates to return or repeat business (Akehurst, 2009:53). As this essay depends highly on international tourism market and the diversity ascribing to this market, this sector requires bidders to put much focus niche marketing. Simultaneously, market segmentation becomes a subject with an attractive strategy, viability, and high as well as potential rates of profitability in this framework. The role of marketing research in international tourism market segmentation With the main objective of every company being to satisfy their customers, companies with a strong orientation pay special attention t o the behavior of consumers whereby they capitalize on the information that they obtain with the view of attracting new customers and retaining the existing ones (Corigliano and Baggio, 2004:303). In this context, it is agreeable that the complexity of international tourism marketing puts more emphasis on the importance for market segmentatio

Tuesday, November 19, 2019

Miss Brill Essay Example | Topics and Well Written Essays - 1000 words

Miss Brill - Essay Example Female poverty and loneliness are two central ideas of Mansfield’s short story titled Miss Brill. Mansfield’s Symbolism Miss Brill by Katherine Mansfield is a literary realization of an incredible life drama. Portrayal of the main heroine is achieved through detailed description of the woman’s characters and inner workings of her mind in a very short, only four-page essay. Mansfield’s creative and fine work can be compared to that of a jeweler dealing with some precious stones and jewelry. Symbolism is skillfully placed within a simple plot of Miss Brill. Literary masterpiece of Katherine Mansfield really deserves acknowledgement and admiration. Even the title of the story points out a great literary genius in this great writer, Katherine Mansfield. A great attention to details as well as author’s originality is presented throughout work of Mansfield. Miss Brill is a spinster who has neither friends nor any other close people. Source of her earnings comes from working as an English tutor. Besides, she is engaged in reading press to an old disabled person whose ability to hear and understand is very doubtful. Furthermore, it becomes obvious that Miss Brill lives somewhere close to the seaside in France. From the very beginning the reader begins to comprehend the mood of the main character as well as the atmosphere of the whole story. The weather is intriguingly unstable since â€Å"the blue sky powdered with gold and great spots of light like white wine splashed over the Jardins Publiuqes† (Mansfield) point out on possible rain in the nearest time. So, Miss Brill is obviously ready to such conditions of weather as she takes out her fur which she calls â€Å"Dear little thing†. Soon, the reader associates fur coat with Miss Brill. Both of them are approximately of the same age. Depression – Psychological State of Mind of the Protagonist As the story unfolds, we find out that the old lady is happy to live and be active observer of someone else’s life. Thus, she is an active participant of daily life drama surrounding her. It is Mansfield’s style of writing as well as language used in this short story that makes the symbolic meaning strikingly distinctive. Everyday routine is covering all life of Miss Brill and she, as many woman of her age and status, cannot afford to see other attractive sides of life available to her. being an active life observer, the main heroine does not have time to live her own life actively. Being an elderly lady Miss Brill does not realize that her beauty has vanished away with her youth years. Speaking as an observer of other people of older age the protagonist does not even have a clue that she is describing people like herself (Morrow 82). One of the descriptions made by Miss Brill is very similar to those she makes on regular bases: ...they were nearly always the same Sunday after Sunday, and – Miss Brill had often noticed—there was something funny about nearly all of them. They were odd, silent, nearly all old, and from the way they stared they looked as though they'd just come from dark little rooms or even—even cupboards! (399) Misery of the humankind depicted in this short story is underlined with the help of Miss Brill’s image of her surrounding. Female characters in Miss Brill do not have

Sunday, November 17, 2019

Hypoactive sexual desire disorder in women Essay Example for Free

Hypoactive sexual desire disorder in women Essay Female hypoactive sexual desire disorder is a condition which affects the sexual desire and performance of females. The loss of sexual desire, for men or woman, may not be a welcome experience. For some women loss of sexual desire can present serious problems and therefore it is important to advance understanding of the possible causes of HSDD in order to develop effective solutions and treatment options. Description of Female HSDD Corona et al (2005) identify sexual motivation, sexual desire and libido as terms representative of the desire to engage in sexual activities. The makeup of the body makes it possible for humans, once all is in proper working order, to respond to internal and external sexual stimuli by feeling the urge and/or seeking to engage in sexual activities. The processes at work in creating sexual desire are quite complex. According to Corona et al (2005) the way a person responds to sexual stimulus is usually affected by biological, emotional, cognitive, neurological and physiological factors. The loss of sexual desire can prove to be a very depressing condition. The Wall Street Journal, in an empirical study, highlighted the close correlation between sex and happiness, suggesting that an unsatisfying and unhealthy sex life contributes to decreased happiness (as cited in Warnock, 2005, p. 45). Among women there are a range of sexual disorders that may arise as a result of various biological, environment, individual or physiological factors. General sexual disorders in women are termed female sexual dysfunction (FSD), the most prominent of which is hypoactive sexual desire disorder (HSDD). According to the Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) female HSDD refers to the persistent or recurrent lack or absence of fantasies about or the desire to take part in sexual activities (as cited in Clayton et al, 2006, p. 116). This absence of sexual interest is considered a disorder when it proves to be problematic for the patient and their relationship or self concept. This clarification is extremely important since the mere absence of sexual desire is not considered dysfunctional if it is not perceived as such. Corona et al (2005) highlight, therefore, that â€Å"HSD is not always perceived as problematic† (p. 47). In fact some individuals may have little or no objection to the loss of sexual desire for any personal or ethical reason. On the other hand where continued sexual functioning is of considerable importance then the loss of sexual desire would pose serious issues. Another clarification that must be emphasized is that the condition must be recurrent and persistent, that is, it must be sustained over time, before it can be categorized as HSDD (Nappi, Wawra Schmitt, 2006, p. 320). It is only since the early 1980s that sexual disorders were given much attention and this may be as a result of the ethical issues that traditionally surrounded public discussions on sex and sexuality. It was only at this time that the American Psychiatric Association began including ‘inhibited sexual desire’ as a diagnostic category for disease (Corona et al, 2005). In females HSDD is usually demonstrated in a lack of arousal or problems with orgasm (Warnock, 2002, p. 747). Similarly it is not strange for HSDD to be presented along with or as a result of other sexual disorders. Clayton et al (2006) reports that about 40% of patients that develop HSDD also develop secondary sexual disorders such as arousal or orgasm disorders (p. 116). What becomes evident also is that the distress caused by the absence of sexual desire in women can be considerable and overwhelming and may result in the development of unrelated psychological conditions as a result of the distress that the condition may cause. According to Hurlbert et al (2005) women who present with HSDD tend to be more easily disposed to higher rates of psychological distress including depression, than other healthy females (p.25). Even though the presence of HSDD does not automatically presume depression, these women are at a greater risk. This is why proper and effective diagnosis and treatment should be provided promptly to sufficiently ease the condition to a satisfactory level. Prevalence Generally problems of sexual desire have been noted to be the most widespread sexual issues that clinicians have to deal with on a daily basis (Hurlbert et al, 2005, p. 16). Hurlbert et al (2005) points out that HSDD is the most prevalent sexual dysfunction that comes to the attention of physicians when dealing with couples (p.15). Estimates of the prevalence of HSDD are not very specific because of the very touchy nature of sexual dysfunction. Corona et al (2005) gives a rough estimate that the overall prevalence of HSDD in the general U. S. population for men is somewhere between 0% and 16% while for women this rate is between 1% and 46% (p. 48). It is quite evident that the disorder either affects considerably more women than men or that more women than men are willing to approach their physicians about sexual problems. Corona et al (2005) attempts to explain this variation by suggesting that sexual motivation is usually higher among men and therefore women are more likely to be at risk of developing HSDD. Whatever the factors that contribute to HSDD affecting women more unequally than men, it is important to consider the possible factors that may put a woman at risk of HSDD. Determining the causes or aggravators of HSDD is an important step in diagnosis and later treatment of the disorder.

Thursday, November 14, 2019

A Study on Effects of Different Levels of Aloe Vera Gel as an Alternati

According to the results obtained on feed intake in different periods, it can be seen that the Aloe vera groups have the highest level of feed intake compared to the control group and this leads to increased body weight gain in these groups in comparison to the control group. Olupona et al. (2010) reported increased feed intake in groups which were treated by Aloe vera gel solved in water (15, 20, 25, and 30 cm3/dm3) as body weight gain rose. Similarly, the present study shows increased feed intake in the 2-percent Aloe vera gel with raised level of body weight gain. Increased feed intake in Aloe vera groups can be attributed to changes in feed taste and stimulated appetite since, as reported by Windisch et al. (2008), phylogenic substances (as additives to birds’ feed) can improve taste of diet. Furthermore, Wenk (2002) argued that herbs can stimulate appetite and endogenous secretions which, in turn, improve grower performance. on the other hand, our experiments showed that Aloe vera groups consumed more feed compared to the antibiotic groups both in the grower period (days 25 to 42) and during the total experiment period (days 0 to 42). Guo et al. (2004) observed that food consumption level in chickens treated by Chinese herbs added to their diet was higher than this level in chickens fed by viriginiamycin mixed with their food. In general, increased body weight in different periods show larger body weight gains in the antibiotic groups compared to other groups. Among the experimental groups, the 2-percent Aloe vera group had better body weight gain compared to other Aloe vera groups and the control group, showing no significant difference from the antibiotic group. On the other hand, findings obtained in studies on treatment... ...nd viral infections (Sohn et al., 2000). Other researchers reported properties in herbal medicine which are similar to those of prebiotics (Verstegen and Schaafsma, 1999; Cummings and Macfarlane, 2002; Guo et al., 2004). By definition, prebiotics are dietary supplements in the form of nondigestible carbohydrate that favor the grower of desirable microflora in the large bowel (Gibson and Roberfroid, 1995). Since the main polysaccharide contained in Aloe vera gel is acemannan, the enhanced body weight gain in groups treated by Aloe vera compared to the control group may be attributed to antibacterial properties of Aloe vera gel which can improve intestinal microflora. Furthermore, the acemannan contained in Aloe vera gel can stimulate immunosystem and improves body resistance against bacteria and viruses; and this, in turn, improves grower and body weight gain.

Tuesday, November 12, 2019

The aeration of the mixture of microorganisms

Water treatment is the removal of harmful pollutants in the water so that it can be used domestically and agriculturally. It is conducted through the use of chemical, biological and physical processes. Wastewater treatment enables the recycling of water so that it can be used for various uses. Main body Secondary water treatment method involves the removal of fine and dissolved wastes that are organic by the use of a biological process of treating water. The common approaches to biological water treatment process are the activated sludge and trickling filter.Activated sludge through the aeration of the mixture of microorganisms, which are also referred to as biological sludge, and wastewater. The microorganisms are subjected under an environment that facilitates their growth (Neary, 2009). The wastewater is continuously run into the aeration tank so that the provision of oxygen is enabled. Through the provision of oxygen, the microorganisms are in a position to break down the polluta nts that are organic. In the end, the activated sludge remains in the bottom.The sludge that is in excess is removed and put into disposal. The other approach is the trickling filters that uses a bed of stones, or the plastic material that is perforated. Oxygen is picked up by the waste water and gets sprayed through the filter so that it can pass through the micro organisms . The organic materials present in the waste water are fed on by the micro-organisms due to the high amounts of oxygen. These methods bring together aerobic micro –organisms, oxygen and organic matter.Biological oxidation takes place in the water treatment system, other than in the lake or in a stream when the organic wastes are discarded there. The tertiary water treatment has many processes that include; removal of nutrient, which include Nitrogen and Phosphorous, and toxic materials removal. Tertiary treatment process combines physical and chemical treatment; however, there are still biological treatme nts that remove Nitrogen and Phosphorous.Water is pumped through carbon filters that are activated. Charcoal is activated carbon that has been treated so that it can increase the chemical bonding potential. It is after this filtration that Nitrogen and Phosphorous are removed. However, the water has to pass through chemical treatment that is specialized in order to remove some chemical pollutants. An example of the pollutants is hexavalent chromium, which is toxic and can lead to cancer. Reclaimed water is water that has been treated .this water can be used for irrigation, generation of power, controlling dust, recharging of aquifer, cooling in some of the industrial process and restoration of the natural system. This water cannot be used for drinking, cooking, swimming and irrigating vegetables. This water is beneficial because its cost is low compared to the water used for drinking. Reclaimed water reduces the use of fertilizer because Phosphorous and Nitrogen remain (Neary, 2009) . To ensure that household reclaimed water is safely used, people should become extremely aware of the hazards that may result from reclaimed water.Upon known knowing the hazard, the people should adopt strategies that are in order to manage the prevailing hazards. Conclusion I would recommend tertiary water treatment because it removes pollutants such as hexavalant chromium that is harmful to the human health and the natural environment. Tertiary water treatment is the final treatment of water and hence it is the safest method. REFERENCE Neary, J. (2009). Water Quality for Ecosystem and Human Health. Culver City, CA: Earthprint

Sunday, November 10, 2019

Salvage Law: Stipulations And Amendments

Salvage law dictates the â€Å"service voluntarily rendered in relieving property from an impending peril at sea or other navigable waters by those under no legal obligation to do so. † Thus, under maritime law, salvage refers to the act of ‘rescuing’ or recovering certain objects in a deteriorating or perilous state at sea of people who have no legal responsibility (e. g. marines, navy). Salvage law also narrates the right of the salvor to proper compensation from the owner of said material property. This law inhibits embezzlement on the part of salvors and encourages attempts to save property. The basic stipulation of the law embodies the following areas: property, life, and treasure salvage. Basic premise of a salvage claim must fulfil the following criteria : 1. There must be a marine peril placing the property at risk of loss, destruction or deterioration. 2. The salvage service must be voluntarily rendered and not required by an existing duty or by special contract. 3. The salvage efforts must be successful, in whole or in part. Stress is given on the accomplishment of the attempt in order for monetary privileges to be given. With regard to the first requirement, the question lies on the state of a marine vessel or ship that exposes or threatens certain properties to loss or destruction. ‘The danger need not be imminent or actual; all that is necessary is a reasonable apprehension of danger. However, if the vessel has the situation under control, there is no peril. In order for salvage law to act upon its tenets, there must be a reasonable cause or status of danger on a maritime vessel as well as its property on board. If there is no threat of danger, materials contained from such cannot be considered as salvage. The degree of danger or peril is distinguished through the level of amount in salvage compensation but does not necessarily guarantee the right to compensation. As stated ‘The degree of peril, whether slight, moderate or sever, affects only the amount of the award, but not the entitlement of the salvor to a salvage award. In addition, maritime vessels that are driven aground, reefs, shoals, reefs, or any other impeding natural obstacle are considered to be in a state of danger. In such cases where vessels are exposed to natural forces such as gales, waves, or stormy weather, and places itself in a helpless situation that leads to further damage and threat of submersion, the principles of salvage rule applies. Second, the voluntary nature in the act of salvage is determined through an individual or party’s legal right to provide assistance. Professional salvors who mainly act of economic gain are not exempted from the rule; they are also considered as ‘volunteers’ in the part of regaining threatened property. Lastly, the third requirement falls under the ‘no cure, no pay’ under the principle of salvage rule wherein the act itself must be successful in order to fall under the requirements of proper compensation. A ‘no cure, no pay’ scenario a salvor may only be paid if the operation is successful whereas a contract salvaging necessarily pays the salvor at a fixed rate whether or not the rescue attempts may be successful or not. On liability, the salvor has the responsibility of performing the salvage effort with skill; any property damaged during the attempt will reduce the award amount. The salvor however, when the operation is unsuccessful, is not held responsible for the loss sustained by property owners otherwise caused by erratic or irresponsible behavior. Salvage law is based on the right of the salvor to proper compensation for the labor provided not to the title of property or loot during the operation itself. Salvage and Towage. The basic difference between the two principles lies on the degree of danger on the part of salvage situations whereas towage simply involves the ‘service that is based on the employment of one vessel to expedite the voyage of another when nothing more is required that the acceleration of her progress. ’ Towage involves the consideration for convenience where vessels only require assistance in completing its journey. Acts of towing vessels without the presence of danger does not fall under salvage rules; owners of said vessels are not entitled to pay the salvage compensation on the part of the volunteers. Again, the necessity for a salvage claim falls under the degree in which the property is in danger. The distinguishing fact between the two claims is that towage is the lack of danger. Contract Salvage Documents such as salvage contracts is a clear stipulation for the need of clarification on the terms of payment concerning owners and salvors as well as specific criterion in which the degree of safety of salvaged properties are agreed upon. These criterions may pertain to issues such as security, interest, legal fees, and arbitration, among others. However, the basic requirement for salvage contracts to work upon still lies on the success of the operation itself, otherwise the contract may be considered null and void unless working on a certain specification such as fixed rate that does not rely on the success of the operation. This specification falls under contractual salvage services wherein parties involved work for economic gain rather that acting on volunteer efforts. Another distinction is made if the assigned contract has fixed compensation applicably paid upon the success of the operation, it falls under a fixed ‘no cure, no pay’ contract. Difference is made between a ‘pure’ salvage operation wherein individuals or parties involved are considered volunteers in the strictest sense of the word where there is no contractual agreement between property owners and salvors. Contract salvage enables concerned parties to rescue property after disclosing an agreement regarding the safety of salvaged property and efforts which involve its recuperation will be compensated accordingly. Treasure and Property Salvage. As stipulated in the above requirements under salvage law, a salvor is entitled to compensation not the right to property of the salvaged materials. The right of ownership is immediately assumed to be still within the power of the owner. This rule also applies to properties that are abandoned by its owner and thus cannot be claimed as personal property of salvors. Salvage law must also be contrasted with the law of finds where the ancient principle ‘finders keepers’ applies. It is understood that abandoned properties in order for the law to be applicable, must have consent from the owner that expresses abandonment on the right of ownership to the property. If no consent is given, then the savage rule applies. The only probable dilemma in the rule of salvage and finds is on treasure and artifacts on ancient shipwrecks where no rules apply. Life Salvage Maritime law does not clearly specify any stipulation to salvage compensation or reward during operations concerning the involvement of people or ‘life salvage’. The distinction is made wherein there is no concept of ‘property’ in lieu with salvage law requirements. Any salvor who may save a human life does not declare any right of property to the person saved, the owner, or contents of cargo. However, the US Standby Act provides the responsibility to ship captains to ensure or render assistance to any person who is in danger at sea while maintaining safety and command over his/her own vessel. [A] master or person in charge of a vessel shall, so far as he can do so without serious danger to his own vessel, crew, or passengers, render assistance to every person who is found at sea in danger of being lost. ’ In cases where life and property are involved, there are certain circumstances in which the salvage award is increased with regard to the nature of the properties rescued as well as considering the lives saved. However, this stipulation is often negated with the notion of assistance or volunteerism on the part of the sal vors. Compensation. In determining compensation, The Blackwall provides six factors in which the nature of salvage award falls under: 1. The degree of danger from which the vessel was rescued. 2. The post-casualty value of the property being saved. 3. The risk incurred in saving the property from impending peril. 4. The promptitude, skill, and energy displayed in rendering the service and salving the property. 5. The value of the property employed by the salvors and the danger to which it was exposed. 6. The costs in terms of labor and materials expended by the salvors in rendering salvage service. In considering the compensation, the peril the vessel is placed upon must be taken into account as well as the danger(s) brought about by the situation that may lead to the behavior or actions of the salvors. In addition, salvors are not encouraged to increase time and effort with regard the operation in hopes of enhancing the reward in terms of willingly increasing the damage of a vessel. After enumerating the basic stipulations of the salvage law, we turn to the SCOPIC and the salvage convention in order to determine the differences of policy and/or rule with regard to maritime law. The LOF, SCOPIC, and Salvage Convention The following amendments on the nature of salvage law deals with the special and specific circumstances concerning the nature and amount of reward in terms of the nature, effort, and other requirements in contrast with the basic precepts of the law. Lloyd’s Open form of Salvage (LOF) is a standard legal document created by London-based insurance company Lloyd’s of London in lieu with maritime salvage operations wherein the company acts as an arbiter between owner and salvers concerning retrieval operations. The legal document is literally ‘open’ because it does not specify any amount of money for salvage operations in the beginning of any contractual agreement. The amount is later arbitrated by a representative of the company for the services rendered of the salvors within the degrees of distinction that are combined with the precepts of salvage and law and of the policies of the company.. The open form’s characteristics are enumerated as thus : the salvor enters to an agreement with the contract to utilize ‘best efforts’ to save the vessel along with cargo and to ensure its safe delivery to a prescribe place of safety; the services performed fall under the no ‘cure, no pay’ principle; the services prior to the signing of the contract is taken into consideration; the concerned parties may use vessel equipment free from charge from the salvor(s); the amount of the reward is determined by a committee at the company or an assigned arbitrator for the specific case; the method of arbitration is bound to London and English laws; and lastly, an appeal on the nature of the arbiter’s award to the committee. Thus, the nature of the LOF is legally concerned on a partial agreement between concerned parties which specifically takes the agreement into more formal terms wherein the salvors has the advantage of higher remuneration for services r endered compared to the normative conditions of Salvage law. This provision is intended for contractual or professional salvage operations determined by success. The agreement does not fall under special contractual services since the determinants in such agreements are dependent of fixed rates and whether or not the operation would be a success. In relation to the International Convention of Salvage of 1989 (herewith known as IMO) and the basic provisos of the Salvage law, amendments are made mainly concerning the identification of instances that enable salvers the right to attain special compensation which in essence still falls under the ‘no cure, no pay’ principle. Similar to the Salvage law and the LOF, the amendment in the IMO remain on the original position of the first law. The main difference lies on the formation of a requirement in order to attain special compensation on the part of the salvers within the additional terms external factors and material usage. In contrast with the ‘open’ monetary provision of LOF, the agreement between the owner and salvors are direct instead of relying on a third party neutral mediator. Chapter III of the IMO discusses the right of salvors in terms of the operations itself, notably the following sections. Aricle III, section 2 states: ‘Except as otherwise provided, no payment is due under this convention if the salvage operations have had no useful result. ’ Similarly, the provision still falls under the original stipulations of the Salvage law. However, specifications are made on the preceeding article and sections such as Article 14, Section 1 states: If the salvor has carried out salvage operations in respect of a vessel which by itself or its cargo threatened damage to the environment and has failed to earn a reward under Article 13 at least equivalent to the special compensation assessable in accordance with this article, he shall be entitled to the special compensation from the owner of that vessel equivalent to his expenses as herein defined. In contrast with The Blackwall criteria on the basis of the award system on salvage law practices, the IMO convention amends the aforementioned requirements as stated in Article 13: 1. The salved value of the vessel and other property. 2. The skill and efforts of the salvors in preventing or minimizing damage to the environment. 3. The measure of success obtained by the salvor. 4. The nature and degree of danger. 5. The skill and efforts of the salvors in saving the vessel, other property, and life. 6. The time used and expenses and losses incurred by the salvors. 7. The risk of liability and other risks run by the salvors or their equipment. 8. The promptness of the services rendered. 9. The availability and use of vessels or other equipment intended for salvage operations. 10. The state of readiness and efficiency of the salvor’s equipment and the value thereof. The aforementioned amendments differ from the prior stipulations on the grounds of external or environmental factors and the specifications of compensation with regards to the nature of the operation itself. The amendments however still fall under the principle of the operation’s success in determining the right to the specified compensations. Article 14 provides that individuals may only receive special compensation, which include proper remuneration for expenses such as equipment used during the recovery operations, are not properly compensated by the salvage fee. The difference then is shown between the International Convention on Salvage law and the LOF. In contrast with the basic stipulations of the salvage law, the salvage amendments and the LOF stress on the importance of compensation and award through specifications of instances wherein concerned parties are properly paid with the addition of compensation for used equipment as presented in Article 14. Section two of the same article provides a mark increase and further specification on which the terms of agreement between owners and salvors may agree upon. If, in the circumstance set out in paragraph 1, the salvor by his salvage operations has prevented or minimized damage to the environment, the special compensation payable by the owner to salvor under paragraph 1 may be increased up to a maximum of 30% of the expenses incurred by the salvor. The prior amendment furthers the exact amount of compensation as opposed to the basic stipulations in The Blackwell provisions. Further, the SCOPIC clause aims for the endorsement of the 1989 amendments but subsequently present tariff in relation to provisions in the special compensation section. The clause also functions to supplement the LOF which includes the provisions in Article 14. The main premise of SCOPIC is: ‘the contractor shall have the option to invoke by written notice to the owners of the vessel the SCOPIC clause set our hereafter at any time of his choosing regardless of the circumstance and, in particular, regardless of whether or not there is a â€Å"threat of damage to the environment. ’ As a supplement, the clause acts as a special addition on the part of salvor in terms of remuneration that further adds benefits upon completion of the necessary requirements found on Article 13 in the IMO. In relation to the provisions set in the LOF, the SCOPIC clause may be invoked at any time by the contractor or the salvors whether or not it adheres to the stipulations made in Article 13, specifically the threats to environment regarding the operation itself. Differentially, the Special Casualty Representatives (SCRs) act as the same function as that of LOF mediators but are appointed by owners in order to determine that nature of the operation. In addition, any award mentioned in the ten amendments in the IMO is discounted by at least 25% of the amount on a basis that it exceeds the totality of Article 13 awards: In addition to the rates set out above and any out of pocket expenses, the Contractor shall be entitled to a standard bonus of 25% of those rates except that if the out of pocket expenses, the Contractor shall be entitled to a standard bonus of 25% of those rates except that if the out of pocket expenses described. Sharply contrasting the provisions set in article 13, the clause provides an alternative method in enabling to negotiate claims outside the LOF and the IMO with referral to the proposed tariff systems regarding vessel tugs, equipment, and manpower. In contrast, the LOF does not grant power over salvors to terminate a previously agreed LOF contract which obliges the salvage team to perform their responsibility in their best attempt. However, clause 9 of the SCOPIC states: The contractor shall be entitled to terminate the services under the SCOPIC clause and the main agreement by written notice to owners of the vessel if the total cost of his services to date and the services that will be need to fulfill his obligations hereunder to property will exceed the sum of: a. The value of property capable of being salved; and b. All sums to which he will be entitled as SCOPIC remuneration. The provision gives the equal right on the part of salvors to maintain the power of bargaining if and only if circumstances arise in relation to the aforementioned provision. Conclusion In summation, the nature of salvage law is highly dependent on the manner in which material or physical objects are retrieved in relation to the degree of danger the operation is carried out. The law is divided into contract, treasure, and property salvage. As such any act of salvage in the part of salvors is entitled to proper compensation coming from owners of said materials in danger. The nature of salvage is differentiated with towage in the sense that the former is situational; the process in which materials are retrieved must be in context with immediate danger or deteriorating physical conditions of vessels that also provide threat to cargo or passengers whereas the latter is concerned with assistance of an incapacitated sea vehicle in completing the journey without any threat on the physical well-being of the vessel. Salvors are necessarily implied as volunteers, in the altruistic sense of the word, where individuals who do not have legal responsibilities in undertaking recovery operations. However, salvage law also applies to legal operations unit such as the marines or the coast guard who are also applicable under proper compensation rights in exceeding the standard requirements of duty in the process of operations. Salvors may also be applied to professional and economical groups who provide their service under a fixed rate of compensation with also a contractual understanding that the award may be paid whether or not the operation is a success. The stipulations from the LOF agreement, IMO convention, and the SCOPIC clause mainly act as specifications of the tenets provided in the Salvage law wherein the LOF is a third-party bargaining agreement that takes into account the original provisions of the law and the amendments stipulated in the IMO (e. g. o cure, no pay principle) but does not specify the amount of remuneration on the part of the salvors with the understanding that the amount is negotiated upon by the owners and salvors with a mediator. This functions as a non-government independent body concerning the bargaining nature of the law. On the other hand, the IMO convention is the amendment of the principles stated in the original depositions of the salvage law such as the duty to provide assistance whenever necessary with the additional tenets concerning environmental factors, coastal states, elaboration of duties/party responsibilities and the special compensation system upon compliance of requirements. The IMO amendments also function as a specific response to contractual salvage operations in order to properly accord the reward system as well retaining the original In contrast with the original positions, the IMO amendments, specifically stated in Article 13, specifically adds that the environment must be taken into consideration in minimizing or preventing damage in order to qualify for the award. Equipment is also taken into the jurisdiction as the salvors have the responsibility to not increase liability that equipments might cause during the process of retrieval or upon the materials itself. In relation with contractual agreements, the amendments also cover the professional viewpoint of hired salvage service as it is necessary for promptness or strict compliance to procedures in order to be considered legal. The added provision leads to the creation of the special compensation section where salvors may be duly compensated with the equipment used during the operations if the fe e does not suitably fulfill the expenses. Lastly, the SCOPIC clause functions as an additional provision on the LOF agreement where added provisions are given in behalf of the salvors themselves which in this sense equally provide a sense of equal bargaining power with owners. The clause mainly calls for the power of salvors to terminate existing LOF contracts during circumstance wherein the contractors (salvors) anticipate that the service will exceed the value of the property retrived and the sums stipulated in SCOPIC remuneration. The basic LOF agreement necessarily state the inability of contractors to terminate their contracts as the owners have complete right over their services during salvage procedures. Salvors are necessarily obligated to act upon to the best of their ability to perform the operation to success in order to qualify for the award. However, the SCOPIC clause, with reference to the provisions set by the basic Salvage law, the LOF, and IMO provide an extension of power for contractors in terms of remuneration agreements wherein the procedure itself, if it exceeds certain requirements, duly grant the power of salvors to terminate the contract. In addition, the appointment of an SCR is important upon agreement of both parties and exercise of the SCOPIC clause. The SCR is then obligated to attend the operation itself with a number of representatives appointed by a committee. Thus, the salvage law and the aforementioned provisions discuss the general idea jurisdiction and nature of the law and amendments made to cover certain concerns. Bibliography Anderson, A, Salvage and Recreational Vessels: Modern Concepts and Misconceptions  U.S.F. Maritime Law Journal June 1993. International Convention on Salvage, 1989 International Maritime Organization (IMO),1997, retrieved 6 April 2009,    Lloyd’s Standard Form of Salvage Agreement (Approved and Published by the Council of Lloyd’s) 2000  § A-L, retrieved 6 April 2009, Mankabady, S, The International Maritime Organization, 2nd edn, Routledge, 1987 Schoenbaum T, Admiralty and Maritime Law, 2nd edn, West Group Publishing, USA, 1994. SCOPIC Clause 2007 p.1 Smith, N, The Law of Salvage, University of Puget Sound, 1994.

Thursday, November 7, 2019

Stem Cell Controversy essays

Stem Cell Controversy essays The history of medicine was forever changed in November of 1998 by the discovery of stem cells. Throughout medical history humans have strived to understand the many functions of the human body. From the first operation ever performed, to the sequencing of the human genome, stem cell research is the next step in modern medical science. According to the Committee on Government Reform, there has been much opposition and controversy as to whether or not the government should fund stem cell research. This, in turn, has sparked a huge political debate that is still on going today. The fact of the matter is that stem cells are the key factor to new research and technology, and can lead to revolutionary developments in curing diseases that have been killing millions for decades (House of Reps 1-3). We can only hope that our government will take the step in medical technology and research in order to better the lives of Americans. Therefore, the federal government should allow federal money to be used for research on stem cells derived from excess frozen embryos and aborted fetuses. An article on the use of fetal stem cells explains that rats and cats have recently been used in experiments that have made it possible to transplant fetal tissue into damaged spinal cords in order to improve movement. Unfortunately, this treatment has not been widely tested on humans because a large number of fetuses are required to obtain enough tissue to treat even one patient, thus causing both practical and ethical problems (quoted in Mitchell). If given both time and government support, humans will ultimately be able to be treated as well. However, the federal law has prohibited the use of tax dollars to destroy human embryos (Robinson), thus putting the U.S. at a major technological disadvantage. During Bill Clintons administration rules were adopted allowing federally funded scientists to conduct experiments on open ...

Tuesday, November 5, 2019

A Biography of American Spy Hercules Mulligan

A Biography of American Spy Hercules Mulligan Born in Ireland’s County Londonderry on September 25, 1740, Hercules Mulligan immigrated to the American colonies when he was just six years old. His parents, Hugh and Sarah, left their homeland in hopes of improving life for their family in the colonies; they settled in New York City and Hugh became the eventual owner of a successful accounting firm. Fast Facts: Hercules Mulligan Born:  September 25, 1740Died: March 4, 1825Lived in: Ireland, New YorkParents: Hugh Mulligan and Sarah MulliganEducation:  King’s College (Columbia University)Spouse:  Elizabeth SandersKnown for: Member of Sons of Liberty, associate of Alexander Hamilton, secret agent  who worked with the Culper Ring and twice saved General George Washingtons life. Hercules was a student at King’s College, now Columbia University, when another young man–one Alexander Hamilton, late of the Caribbean–came knocking on his door, and the two of them formed a friendship. This friendship would turn into political activity in just a few short years. Thinker, Tailor, Soldier,  Spy Hamilton lived with Mulligan for a period during his tenure as a student, and the two of them had many late-night political discussions. One of the earliest members of the Sons of Liberty, Mulligan is credited from swaying Hamilton away from his stance as a Tory and into a role as a patriot and one of America’s founding fathers. Hamilton, originally a supporter of British dominion over the thirteen colonies, soon came to the conclusion that the colonists should be able to rule themselves. Together, Hamilton and Mulligan joined the Sons of Liberty, a secret society of patriots that was formed to protect colonists’ rights. Following his graduation, Mulligan worked briefly as a clerk in Hugh’s accounting business, but soon branched out on his own as a tailor. According to a 2016 article on the CIA website, Mulligan: â€Å"†¦cater[ed] to the crà ¨me de la crà ¨me of New York society. He also catered to wealthy British businessmen and high-ranking British military officers. He employed several tailors but preferred to greet his customers himself, taking the customary measurements and building rapport among his clientele. His business thrived, and he established a solid reputation with the gentleman of the upper class and with the British officers.† Thanks to his close access to British officers,  Mulligan was able to accomplish two very important things in a very short time. First, in 1773, he married Miss Elizabeth Sanders at Trinity Church in New York. This should be unremarkable, but Mulligan’s bride was the niece of Admiral Charles Saunders, who had been a commander in the Royal Navy prior to his death; this  gave Mulligan access to some high-ranking individuals. In addition to his marriage, Mulligan’s role as a tailor allowed him to be present during numerous conversations between British officers; in general, a tailor was much like a servant, and considered invisible, so his clients had no qualms about speaking freely in front of him. Mulligan was also a smooth talker. When British officers and businessmen came to his shop, he flattered them regularly with words of admiration. He soon figured out how to gauge troop movements based upon pickup times; if multiple officers said they’d be back for a repaired uniform on the same day, Mulligan could figure out the dates of upcoming activities. Often, he sent his slave, Cato, to General George Washington’s camp in New Jersey with the information. In 1777, Mulligan’s friend Hamilton was working as aide-de-camp to Washington, and was intimately involved in intelligence operations. Hamilton realized that Mulligan was ideally placed to gather information; Mulligan agreed almost immediately to help the patriotic cause.   Saving General Washington   Mulligan is credited with saving George Washingtons life not once, but on two separate occasions.  The first time was in 1779, when he uncovered a plot to capture the general. Paul Martin of Fox News says, â€Å"Late one evening, a British officer called at Mulligans shop to purchase a watch coat. Curious about the late hour, Mulligan asked why the officer needed the coat so quickly. The man explained that he was leaving immediately on a mission, boasting that before another day, well have the rebel general in our hands.  As soon as the officer left, Mulligan dispatched his servant to advise General Washington. Washington had been planning to rendezvous with some of his officers, and apparently the British had learned the location of the meeting and intended to set a trap. Thanks to Mulligans alert, Washington changed his plans and avoided capture.† Two years later, in 1781, another plan was foiled with the help of Mulligan’s brother Hugh Jr., who ran a successful import-export company that did a significant amount of trade with the British army. When a large amount of provisions were ordered, Hugh asked a commissary officer why they were needed; the man revealed that several hundred troops were being sent to Connecticut to intercept and seize Washington. Hugh passed the information along to his brother, who then relayed it to the Continental Army, allowing Washington to change his plans and set his own trap for British forces.   In addition to these crucial bits of information, Mulligan spent the years of the American Revolution gathering details about troop movement, supply chains, and more; all of which he passed along to Washington’s intelligence staff. He worked in tandem with the Culper Ring, a network of six spies engaged directly by Washington’s spymaster, Benjamin Tallmadge. Effectively working as a subagent of the Culper Ring, Mulligan was one of several people who passed intelligence along to Tallmadge, and thus, directly into Washington’s hands. Mulligan and his slave, Cato, were not above suspicion. At one point, Cato was captured and beaten on his way back from Washington’s camp, and Mulligan himself was arrested several times. In particular, following the defection of Benedict Arnold to the British army, Mulligan and other members of the Culper ring had to put their covert activities on hold for a while. However, the British were never able to find hard evidence that any of the men were involved in espionage. After the Revolution Following the end of the war, Mulligan occasionally found himself in trouble with his neighbors; his role of cozying up to British officers had been incredibly convincing, and many people suspected he was in fact a Tory sympathizer. To reduce the risk of his being tarred and feathered, Washington himself came to Mulligan’s shop as a customer following an Evacuation Day parade, and ordered a complete civilian wardrobe to commemorate the end of his military service. Once Mulligan was able to hang up a sign reading â€Å"Clothier to General Washington,† the danger passed, and he prospered as one of New York’s most successful tailors. He and his wife had eight children together, and Mulligan worked until the age of 80. He died five years later, in 1825. Nothing is known of what became of Cato after the American Revolution. However, in 1785, Mulligan became one of the founding members of the New York Manumission Society. Along with Hamilton, John Jay, and several others, Mulligan worked to promote the manumission of slaves and abolition of the institution of slavery. Thanks to the popularity of the Broadway hit  Hamilton, Hercules Mulligans name has become far more recognizable than it was in the past. In the play, he was originally played by  Okieriete Onaodowan, an American actor born to Nigerian parents. Hercules Mulligan is buried in New Yorks Trinity Church cemetery, in the Sanders family tomb, not far from the graves of Alexander Hamilton, his wife Eliza Schuyler Hamilton, and many other notable names from the American Revolution. Sources â€Å"The Legend of Hercules Mulligan.†Ã‚  Central Intelligence Agency, Central Intelligence Agency, 7 July 2016, News, FOX News Network,

Sunday, November 3, 2019

Polymer Organic Light Emitting Diode Materials and Techniques Essay

Polymer Organic Light Emitting Diode Materials and Techniques - Essay Example In the continuously improving and modernizing technological world, one technological discovery is making an important path and giving important contribution in the field of optics. In general, the semi-conducting light-emitting diodes, also referred to as LED, had found vital applications in different technologies through the industrial and modern world. A light-emitting diode can be defined as a semi-conducting diode, which is a form of electronic device that can be considered to maximize the flow of electricity that is flowing through the material and restricting its flow in the other direction such that energy is built up and causes the material to emit light energy. LED can be considered as the general type of diodes that consequently emit light energy. There are different forms of LED (Zheludev 189). A LED can be considered comparatively of more use that other light technology is that it is considered safer on the basis that the main application uses light energy emitting material. This can be attributed to the fact that other forms of light technology through the use of the flow of electric current can be considered more advantageous, often referred to as electroluminescence, which is the basic principle used in LED. Compared to the light technology that uses incandescence, which a process of achieving visible light through electromagnetic radiation (Schubert 1). Due to the said advantage of the technology referred to as LED, the application of the said technology can be considered to continuously increase and improve. In fact the application in technology and other sciences can be considered as widespread. It can be perceived through the different light technologies that are classified as LEDs such as infrared, visible-spectrum, ultraviolet, and white LEDs made from III-V semiconductors. POLED Included in the main types of LEDs is the polymer organic light-emitting diode, referred to as the POLED. The study on POLED can be considered as one of the main area of interest in terms of the types of LEDs. This can be attributed to the fact that the materials used as a semiconductor are organic materials that can conventionally be described for insulation. The application of organic materials for electric purposes can be considered as a relatively new technology since it was only initiated in 1977. The historical discovery of effect of halogen on the electrical conductivity of a polymer paved the way for the continuously growing field of discipline that involves POLEDs (Fung, Lee and Lee 181). Objective of the Study The background information regarding POLED can be considered as one of the reasons that generated the study and attention to the said area in optics. In relation to the increasing assimilated knowledge on the POLED as well as the application and utilization, the study was conducted to be able to present a descriptive and comprehensive presentation of the development of the POLED technology. On the basis of the aim for the public to gain understanding on the application of LED technology, the theory of application is also one of the most important part of the research. Also, the evolution of the POLED tech

Friday, November 1, 2019

Women Fragmented Body As A Selling Tool Research Paper

Women Fragmented Body As A Selling Tool - Research Paper Example Advertising is a form of marketing communication where the elements or ingredients of communication is used to encourage, motivate, persuade and even manipulate an audience for causing some action, that is, causing sales and ensuring continuance of the action. 1 With the increasing competition and the emergence of newer entities in the market it has become extremely important to keep oneself into the glare of the public eye, the subject of the talk, constantly improve and renovate oneself and let people know about the same. This calls for the need of brilliant use of advertising and marketing skills. Advertisement in its basic form is conveying information about the existence of a particular product in the market or its availability, different features of the product, the listed price and its benefits to attract people to it. It is communication to cause sales of the product and even services. With the market becoming over crowded with products and service providers it is increasingly becoming important to get the attention of the public and maintain the same so that they do not lose their occupancy over the market. Not only that, it also aims to gain more market share and presence and increase it sales and become the unbeatable brand. 2 Advertisement is a marketing tool and, the main purpose of advertising is to grab the attention of people who are also the potential customers. 3 The thrust area of advertisements is to affect the audiences with the messages in the advertisements so that they are pursued to buy products or avail the advertised services. So, the advertisers use a number of attractive elements in the advertisements to get an instant share of the audience’s attention which later gets translated into pursuance for the sale of the product or services. 3 The robust development of technology has resulted television in every

Wednesday, October 30, 2019

Discuss how RAID can be implimented Essay Example | Topics and Well Written Essays - 250 words

Discuss how RAID can be implimented - Essay Example back is its high cost due to use of a separate processor and software which gives the RAID system greater strength to handle recovery and disk rebuilding. Another approach to implementing hardware RAID is IOC. The advantage of controller-based RAID is that it is cheaper because it simply uses processors on the disk controllers. However, controller based RAID is restricted by the power of the processor and the memory bandwidth of the controller, which makes it slower than IOP RAID. On the other hand, software RAID can be implemented using a disk controller driver or an operating system. Software RAID is cheaper than hardware RAID but is not as reliable. Software RAID may be useful in small applications where quality performance is not really expected. It is used in the drivers of the hard disk controllers and is independent of the operating system. Operating System based RAID uses a RAID engine in the operating system. Both disk controller driver and operating system driver RAID are dependent on system processor which can be specifically used in low performance and lightly loaded

Sunday, October 27, 2019

Worlds lone superpower

Worlds lone superpower In order to answer this question successfully we must answer it in four distinct sections. In the first section we will examine the debate over whether the United States is a hegemonic power or an imperial power. In the second section we will look at the main sources of Americas strength, examining the extent of its military power as well the power of its economy and the extent of its soft power. In the third section we will examine the nature of American weakness in the international arena, pointing to the Iraq War of 2003 and the War on Terror as two areas that expose American weakness clearly in todays world. In the fourth and final section we will analyse the rise of China, considering the arguments that this can be seen either as a threat or an opportunity. We will conclude that the United States is the worlds lone superpower and that the rise of China need not be viewed as a threat. According to Nexon and Wright modern international relations scholars operate with the assumption that whether the United States is an empire, the preeminent power in a unipolar system, or the leader of a hegemonic order, (this) shapes the basic dynamics of international politics[1]. Some have even gone as far as to suggest that the United States is simply a modern day imperial power. Hardt and Negri argue that imperial tendencies go right to the heart of the American constitution. They offer us the concept of imperial sovereignty and suggest that perhaps the fundamental characteristic of imperial sovereignty is that its space is always open[2]. They examine the constitutional history of the United States and find that each phase of its constitutional history marks a step toward the realisation of imperial sovereignty[3]. Hill has observed that this is a fundamental difference between the United States and China. It is commonplace to observe that the United States, for example, has c onsistently believed that its own values should be exported, whereas China has never felt the need to proselytise, despite its own conviction of superiority[4]. Hardt and Negri argue that the constitution of the United States has strong imperial tendencies and that this means that the United States is well placed in terms of acquiring a large Empire. However, these imperial tendencies are fundamentally different from previous imperialist nations. It is imperial because the U.S. constitutional project is constructed on the model of rearticulating an open space and reinventing incessantly diverse and singular relations in networks across an unbounded terrain[5]. The new imperialism is based upon open spaces and integrated networks, by which they refer primarily to the globalised world economy and it is the lead that the United States offers in this sphere that provides her with the power to stand at the head of the international community. Empire today does not mean anything like what we have always meant by empire. It occupies no lands; it has no center (not even in Washington); it doesnt depend on tightly controlled satellite governments; it is a postmodern entity[6]. Chalmers Johnson offers us another theory of the relationship between the US and Empire. Chalmers argues that the United States has not sought to actively conquer territories. In more modern times, unlike many empires, we did not annex territories at all. Instead we took (or sometimes merely leased) exclusive military zones within territories, creating not an empire of colonies but an empire of bases[7]. Chalmers goes on to show that the Department of Defence has admitted to the existence of some 725 overseas bases, but that many of these bases are ill equipped indeed to actively participate in any war. Instead these bases are the headquarters for our proconsuls, visible manifestations of our imperial reach[8]. We can see therefore that for Chalmers the imperialism of the United States is most tellingly portrayed by the extensive reach of the American military base, not as an active fighting force but instead as a way for the United States to spread its imperial tentacles. However, n ot all scholars agree that the term Empire or imperialism is valid in depicting the role of the United States in the world. Andrew Hurrell agrees that notions of informal empire provide some analytical purchase[9] when looking at the type of power that the United States exhibits in the modern world. However, Hurrell is reluctant to use the term Empire when referring to the United States. It is analytically more useful to understand the United States as a hegemonic rather than an imperial power, because doing so forces the analyst to focus directly on the crucial questions of negotiation, legitimacy and followership'[10]. Even if the United States is not an Empire, its sources of strength are clear. Brookes and Wohlforth have argued that the sources of American strength are so varied and so durable that U.S. foreign policy today operates in the realm of choice rather than necessity to a greater degree than any other power in modern history[11]. Unquestionably the military might of the United States is one critical factor. After the end of the Cold War America invested heavily in building up its military strength. The Americans were determined to increase their military strength to such a level that the United States would be able to overcome any enemy or combination of enemies. In 1999 the United States declared that its military expenditures now are larger than all other countries combined[12] and this attitude encapsulated the mood of the public and of Capitol Hill with regard to the military. After the Cold War, the measure of adequacy was no longer simply military strength; it had become military supremacy, a position endorsed by liberals as well as conservatives, Democrats as well as Republicans[13]. However, some have argued that the importance of military strength in defining the extent of a nations relative power in the international system is declining. The factors of technology, education, and economic growth are becoming more significant in international power, while geography, population and raw materials are becoming somewhat less important[14]. Fortunately for the United States it is well placed in all these new areas as well as continuing to exert more traditional forms of hard military power. The economy of the United States for example is still one that is immensely powerful and it accounts for over one-fifth of the world gross product. Joseph Nye has argued that as the nature of power undergoes transformations in the modern world traditional notions of hard power are becoming intertwined with the idea of soft power. A state may achieve the outcomes it prefers i n world politics because other states want to follow it or have agreed to a situation that produces such effects. In this sense, it is just as important to set the agenda and structure the situations in world politics as to get others to change in particular cases[15]. One important area of this soft power is the extent to which the United States is considered to be the legitimate world leader, not only the moral leader of the world but also its undoubted trend-setter. The pervasive influence of the United States cannot only be felt in the power of its military or in the strength of its economy but in its ability to inspire the peoples of other nations to strive for the same ideals for which it strives. On this viewing the cultural influence of the United States is just as important as its other sources of power. Unquestionably globalisation has allowed many non-Western people the chance to get their hands on many Western products and ideas. The important part of this is that many o f these people voluntarily choose to embrace Western ideas and products and this is undoubtedly an important source of strength for the United States. Despite such overwhelming strength some scholars do point to sources of weakness. Michael Ignatieff has argued that the Iraq War of 2003 is a turning point in American history. He claims that the war is imperial in its character but that an imperial war goes against the very heart of American values. A role once played by the Ottoman Empire, then by the French and the British, will now be played by a nation that has to ask whether in becoming an empire it risks losing its soul as a republic[16]. The American nation was born in the struggle against Empire and if it itself turns imperial then this could prove to be a source of weakness for the United States as it would heavily dilute its national character. The United States would then be vulnerable of falling into the same traps as many Empires throughout history and it is only by maintaining its anti-imperial character that the nation can guard against this slide into Empire. Since the demise of the Soviet Union, which constituted an active threat to the United States, the greatest threat for the United States has clearly come from terrorism. Since the attacks on September 11 the level of this perceived threat has only escalated and it led George W. Bush to declare a war on terror. This war on terror has exposed some fundamental sources of American weakness. It has shown that despite the awesome military strength of the United States establishing order in the aftermath of the Iraq war was very difficult. In fact, September 11 showed that at times the United States was not even able to guarantee the safety of its citizens within its own borders, despite its enormous power, strength and resources. The war on terror has also raised questions about the ability of the US military to deal with the Al-Qaeda threat, which certainly cannot overwhelm the US military but at the same time the military cannot defeat the terrorists and their guerilla tactics when they encounter them. Indeed many have argued that the invasion s of Afghanistan and Iraq have been highly counterproductive in combating terrorism. Michael Scheuer, a 20-year CIA veteran has argued that US military operations in Iraq and Afghanistan have left both countries seething with anti-U.S. sentiment, fertile grounds for the expansion of Al-Qaeda and kindred groups. He adds that the invasions were exactly what bin Laden and his associates had hoped for, since they gave new evidence to Muslims that Americans were the new crusaders, foreign infidels bent on conquest[17]. This is a major problem for the United States, because even though it does not affect Americas military power it has led to a loss of soft power for the United States. The invasion of Iraq in particular led to splits in the Security Council and has impeded the efforts of the United States to act as the worlds moral authority and thereby set the worlds agenda. Other actions such as the creation of Guantà ¡namo Bay and the abuses at Abu Ghraib have further damaged the credi bility of the United States to proclaim itself as the worlds greatest champion of human rights. This has created a backlash against American values, especially in the Islamic world and has led to the perception that American influence is corrupting and negative. Another potential source of weakness for the United States is the precarious nature of its current economic condition and the doubts about the long-term sustainability of public and private debt levels. If the United States loses its position at the top of the global economy this could have serious implications for the extent global power that the United States can wield. Let us now turn to examine the rise of China. Few countries are poised to have more impact on the world over the next 15-20 years than China. If current trends persist, by 2025 China will have the worlds second largest economy and will be a leading military power[18]. The question is whether the United States will view the expansion of Chinese power as a threat or whether the Americans and Chinese can build a positive and mutually beneficial partnership. If they are able to do the latter then one could argue that China does not stand in the way of continued US global hegemony. The two nations could engage to a significant extent and create sustained worldwide economic growth, solve regional disputes and also work together to combat the threats posed by rogue states and terrorism. However, if tensions between the two Pacific powers worsen, the whole of Eastern Eurasia could become divided in a new cold war, and the prospects for confrontation and conflict would seem certain to rise[19 ]. Webber and Smith have shown that the Bush administration certainly recognised the potential threat that an increasingly powerful China could pose. In March 2001, Donald Rumsfeld, the Secretary of Defence in the Bush administration, presented a strategic assessment which suggested that China was to be regarded as Americas principal potential adversary and that greater priority, consequently, needed to be given to long-range power projection forces capable of deployment in the Asia-Pacific region[20]. Indeed a report from the United States Congress has shown that the threat from China is not solely confined to the field of the military, but that the vast growth of the Chinese economy and the manner in which it conducts trade with America could also have potentially harmful effects upon the American economy. Another concern are the large and growing U.S. trade deficits with China, which have risen from $10.4 billion in 1990 to an estimated $232 billion in 2006, and are viewed by man y Members as an indicator that China uses unfair trade practices (such as an undervalued currency and subsidies to domestic producers) to flood U.S. markets with low-cost goods and to restrict U.S. exports, and that such practices threaten American jobs, wages, and living standards[21]. Peerenboom has argued that this view of China as a threat and the resulting containment strategy is highly likely to backfire. US policy will have to abandon neoconservative policies that seek to contain China, which is the surest way to bring about the kind of military conflict and economic trade war that all hope to avoid. Portraying China as a threat that must be contained fuels animosity and undermines those constituencies in China working to ensure that Chinas rise to power is peaceful[22]. Indeed, Peerenboom argues that for all the possible sources of conflict, there are many areas where the interests of both parties are aligned[23]. Despite the assessments by the Bush administration Friedberg convincingly argues that the relationship between the United States and China is more likely to be characterised by both co-operation and conflict in the future as it has been since 1989. The fundamentally mixed character of the U.S.-China relationship will not change very much, perhaps o scillating within a fairly narrow range, with periodic shifts toward greater cooperation or increased competition, but without a clear trend in either direction[24]. If this is indeed the case then the prospects for continued US global hegemony look promising. The signs are that the two countries should be able to work together effectively to tackle the worlds problems and this will mean that the United States will be likely to be the senior partner in the relationship. The ability of the United States to continue to set the global agenda will be vital in its quest for continued hegemony. In Conclusion, we have seen that the United States continues to be the worlds lone superpower. The extent of its military power is staggering and unseen in the worlds history to this point. However, the United States continues to be the worlds lone superpower because allied to this awesome military strength is a powerful economy and soft power that can shape the dictates of policy across the world. Clearly the United States has areas of weakness and not only that but they are exposed often and frankly in todays media and in academic circles. The invasion of Iraq and the War on Terror have shown that even overwhelming military, economic and political power are not sufficient to win the battles of the 21st Century, that are often as much about winning hearts and minds on Arab streets as they are about beating Islamic fundamentalists based in caves in Afghanistan and Pakistan. However, despite these obvious deficeiencies there is no question that the sources of American strength are so overwhelming that it continues to be the worlds lone superpower. It is for this reason that the United States does not need to fear the rise of China, even if some in the Bush administration did view China as a threat. Friedberg is right to argue that the relationship between the two countries will be characterised by conflict and co-operation, but the attitude of the United States towards China will be a critical factor in determining whether the 21st Century is marked by cooperation or another Cold War. If the United States manages to deal with China effectively to tackle the worlds problems, then it will continue to be the senior and most influential partner in the relationship between the two countries. 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