Social marketing role on smoking issue Essay Example | Topics and Well Written Essays - 2000 words

Social marketing role on smoking issue - Essay Example The paper then moves on to the marketing environment and consumer orientation. In order to develop a better understanding of how social marketing can influence the social issue a discussion on smoking and social marketing is given which covers a number of factors associated with it. In the end conclusion and recommendations are given. Even though the awareness about the ill-effects of smoking has significantly increased over the years, it remains a social problem today effecting millions of people worldwide. For instance, the number of smokers in the UK has dropped by 50 per cent since the 1950’s, still smoking caused around 1.2 million deaths in European region alone in 2000 (Bonas 2005). Many diseases have been associated with smoking, such as low birth weight, high death rate, cancer, heart attacks, stroke, etc. Smoking not only has a negative impact on the health of the smoker, but it also has adverse effects on the people who live around the smoker and the society as a whole, making it a social problem. The problem of smoking is not confined to one particular region but spread over the whole world, especially among the youngsters. According to a study conducted by Schaefer (1979), old smokers who quit are constantly replaced by smokers that originate in the younger generation. Moreover, status symbol was identified to be one of the main causes of smoking, i.e. smoking served as a status symbol which motivated the people to smoke (Schaefer 1979). Most of the people begin smoking during adolescence and the main motivation behind taking up smoking is said to be the frequent advertising of cigarette (Arnett 2001). Sandage defines social marketing as the â€Å"design, implementation, and control of programs calculated to influence the acceptability of social ideas and involving considerations of product planning, pricing, communication, distribution, and marketing research† (Sandage and Fryburger 1960,

Music Appreciation (concert report) Essay Example | Topics and Well Written Essays - 750 words

Music Appreciation (concert report) - Essay Example 3. The composers of the pieces include; Philip Sawyers, Edward Elgar, and Felix Mendelssohn respectively. Philip Sawyer composed this concert in the year 2008. He derives the idea from a poem by A. E. Housman. It acts as a constant life force during the British history which motivates Sawyers’ venture into the field of a musical work. The piece has three movements, which comprise of, the first, second, and third symphony which enable the orchestras to announce the main ideas. The design and art of performing the piece is excellent as it elaborates the meaning intended. The piece is a symphony since it is a musical composition consists of three movements. It attains a sense of unity since several small units lead to development of a theme in the work. The different small units also lead to the development of a sense of a variety since they communicate many ideas. Repetition of small units develops the main theme in the piece. Different tones meant to bring about the same theme manifests contrast in the piece. The texture is homophonic since the movements are in the same rhythm as melody. The notes were musically satisfying due to the harmonized performance of both movements and the rhythm of the piece. The composer harmonizes the melody by developing the music by smaller units. The harmony of the note is Consonant and minor since the breath is least obstructed producing a pleasing effect. The pitch modulates frequently during the performance. Violins, Violas, Cellos, Basses, Flutes, Oboe, English horn, Trumpet, Trombone, and piano is the instruments that the orchestra use to make sound in the piece. The featuring of different instruments in a different section made the presentation dramatic. The combination of both male and female enhance the quality of the voice delivered. This makes the presentation immensely involving and I like it. The composer of this concert is Edward Elgar.

Failure to plan is planning to fail

Failure to plan is planning to fail A very archaic saying often quoted in business is: Failure to plan is planning to fail. This may sound simplistic, but people who are resolute about being prosperous and successful, especially traders, they ought to memorize this saying by heart. If one chooses to consult any trader making money consistently, he will surely explain that, one only has only two choices, either to follow a well written plan or risk the likelihood of inevitable failure. An investment plan or written trading can be an additional benefit, as it makes you a part of the minority, which has successfully evaded a major road block, if not guaranteeing absolute success. The use of inefficient methods may delay the probability of your success, but not without skirting you in the right direction to chalk out and set up your own course of work The key to understanding this is carefully studying the various processes involved, how they work and also how to make them work in the most economical manner. The Key To Avoid Disaster The first major lesson to inculcate is to treat trading like a business only to succeed, because that is what it is. Doing things such as opening brokerage accounts, reading trade books, etc. is not exactly the right business idea, on the contrary being the disastrous recipe. According to John Novak, who is an experienced developer and trader of the T3 Fibs Pro-Trader Program, following a well-written trading program is essential to avoid failure in the market scenario. He and his wife, who is his business associate in a software systems company, run trading chat-rooms to help educate traders in learning how to utilize their software and moreover, learning the all-important art of trade. Concisely, their software aids in identifying the Fibonacci areas in terms of resistance and support, in different time frames and provides the traders important data with respect to the specific areas, from which they may enter or exit the market. The trader should acquire an important knowledge of as to when the market may have a tendency to reverse or pause, so that he/she may take the necessary action to avoid it. Novak also states that even for the best of trading programs, consequent analysis and market data, the odds leading to a consistent range of success varies from bleak to nil with the absence of a written plan. He states that his website offers good examples of plans for trading, while making the market information useful to both, clients and non clients alike. He also advises that a good trade plan must evolve and changes must be bought about eventually like in a market, improving gradually with time. A plan shouldnt be altered while trading but should be surely revised after the closing of the market as it may have been changed with the market conditions. It is necessary for each trader to make his or her own plan, while leaving a niche for personal flair and goals, as copying another trader does not leave the mark of a good trader. How to Develop the Master Plan? The essential 10 components which are utmost necessary for every plan are: 1. Assessment of skill The questions that arise include whether-The person is ready to indulge in trading? Do they have confidence about whether it will work out or not? Do they follow the various signals without even an inch of hesitation? If the answer to the above questions is no, one is advised to read the book by Mark Douglas, about zone trading and especially going through the trade exercises in it. Then one can gain sufficient knowledge about thinking in terms of probabilities and more importantly, the give or take battle ensuing in trading. The real pro traders are always able to envisage the market conditions and make money from those who lose money through their lack of planning.

Media Violence and its Effect on Children Essay -- Youth Kids TV

media violence and its effects on children Introduction Communications technology is expanding through the entire global community (Dyson 2). Children everywhere are being born into a world of images and messages, which are largely separated from their home, school and spiritual lives (Dyson 2). In society today storytellers are seldom parents, grandparents, teachers or the clergy; instead they are the handful of distant forces with something to sell (Dyson 2). What is unique about the media industry is that in global and corporate domination they have become part of our culture as well as our identity (Dyson 3). Social scientists and child advocates have been exploring the effects of media for decades, yet it is only recently that the concern has generated a public debate (Bok 3). Historical Disagreements concerning the effect of violence revealed in works of art and entertainment have resonated over the centuries (Bok 41). We must ask ourselves whether or not our versions of entertainment exhibits anymore violence then past forms of rec reation, for example gladiatorial games or public hangings (Bok 23). Plato viewed human life as a pilgrimage from the appearance to reality (Bok 41). He also believed that a piece of art had to be strictly censored when they depicted any form of evil and cruelty (Bok 41). When an artist imitated what was bad, they add to the sum of badness in the world (Bok 41). Both Plato and Aristotle pointed out, we as humans do find delight in representations of objects and emotions that would consider different from real life; most of us agree with Aristotle in refusing to believe that they are corrupt (Bok 41). The Romans remain the prototype for violent entertainment at its most extreme (Bok 17). It was a culture, which sanctioned tradition, foreign conquest was a domestic culture, and weapons were easily available (Bok 17). The treatment of newborns and slaves within the home extended to crucifixions and other brutal punishments (Bok 17). Though on a whole the Romans did not criticize their choice of entertainment, one philosopher, Seneca, did. To exhibit the slaughter of eighteen elephants in the Circus, pitting criminals against them in a mimic battle [and] thought it a notable kind of spectacle to kill human beings after a new fashion. Do they fight to the death? That is not enough! Are they torn to pieces? That is not Eno... ...103). In regard to the effects of media violence on children and young adults, such works challenge our instinctive denial of our most primative layers of fear and aggression (Bok 28). Bibliography Works Cited and Consulted Bok, Sissela. Mayhem. Massachusetts: Perseus Books. 1998. Dyson, Rose A. Mind Abuse:Media Violence in an Information Age. Montreal: Black Rose Books. 2000. Herr, Kathryn G., ed. Rating Electronic Games:Violence is in the Eye of the Beholder. Ohio: Sage Publications Inc. 1993. Ledingham, Jane E. The Effects of Television on Children. Ottawa: National Clearinghouse on Family Violence and Prevention Division. 1993. Leone, Bruce. Violence in the Media. San Diego: Greenhouse Press. 1995. Morse, Jodie. "Ne year Later: Can We prevent another Columbine?." [www.newsweek.com] 24 April 2000. Rosenblatt, Roger. "Works of the Trench Coat". [www.newsweek.com] 2000. Russell, Nick. Morals and the Media: Ethics in Canadian Journalism. Vancouver: UBC Press. 1995. Singer, Benjamin D. ed. Communications in Canadian Society. Toronto: International Thomson Pub. 1995. Smith, Nigel. Violence in Society. Turin: Wayland Publishers Limited.1995.

Quality Management

Elan employs 3 full-time workers year round and 7 seasonal employees in the summer months. Elan Management has been successful through the con injections it has with one of America's top builders, DRP Horton. DRP Horton has chosen Elan Management as one Of its go-to management communities in the Atlanta metro area. Elan does a good job of quality control in keeping the clients happy but there are several competitors in this industry and in order for the company to grow, Elan will need to implement ways to improve quality through quality planning and assurance. Robber Statement We are focused on becoming the go-to firm for other builders in the metro Atlanta area. We have deiced that we have an issue with quality planning and implementation which is needed if the company is to grow in the next few years as it would like. Elan is looking to obtain on average 3- 4 new clients per year. The current quality planning initiatives are basically non-existent. It appears to be more of a  "go with the flow' type of planning. In other words, if something comes up, then it will be handled, if not no one worries about it.This process is not sustainable for growth and the company will never gain more clientele. We need to incorporate procedures on how to build clientele and implement those procedures timely. When Elan Management opened in 2008, we had 6 clients (communities). Over the next 4 years, we gained 8 more clients. These clients were assigned to us directly by the builder of the communities. There was no effort on our part to obtain the communities. In the past 2 years, 4 of the communities have since turned over to the homeowners and we no longer manage them.The goal of all homeowner's associations is to eventually turnover to the homeowners if they are willing. If we are unable to develop better quality management skills, we will eventually have no clients and will continue to wait for DRP Horton or other builders to provide hem to us instead of us attempting to get the clients on our own. Literature Review As stated by Catalina â€Å"In the current market economy, companies are constantly struggling to achieve a sustained competitive advantage that will enable them to improve performance, which results in increased competitiveness, and of course, profit.Among the few competitive advantages that can become sustainable competitive advantages, quality plays a crucial 234) In the current state, Elan cannot compete with those top local management agencies such as Community Management Associates or All Property Management which have oratorios that is considerably larger than ours. We have to be willing to create ways to better market our company to potential clients. Although, we are able to maintain the quality with our current clients, future clients are seemingly unaware of our existence.As stated by Crosby ‘There is no such thing as a quality problem. Problems originate in functional departments. Thus, a firm may experience account ing problems, manufacturing problems, design problems, technical support problems, and so on. In Crosby view, these are all quality problems, but the burden of the responsibility for solving them falls on these national departments and not in the quality department. The role of the quality department should be to measure conformance, report results, and provide leadership and support to drive quality improvement. † (p. 3) Since Elan Management is such a small company, there is no dedicated quality department to turn to for answers on quality improvement so each individual employee in some way will need to contribute to the quality process. According to Schroeder, â€Å"Managers and employees should be trained in the quality initiatives the company has implemented. Employees should be a part of the process in developing methods to assist in getting other employees involved in quality improvement and acceptance. † (p. 6) As I stated above, since Elan doesn't have a qualit y management team, all employees should have input in the quality process.Not only will it benefit the clients that we serve but it will also increase employee morale. Although there are only 3 full-time employees, having them involved would show them that they are appreciated and their opinions are valued. According to Kenton, â€Å"the process of collaborative planning can promote networks, coordination, and buy-in that promotes implementation, even if the plan itself is not directly influential. † (p. 436) So, having a bottom-up approach and including members of the entire company is beneficial overall even if it doesn't fully result in what was expected. The quality experience process occurs when firms (alone or with customers) deliver attributes for customers to experience and customers perceive these attributes through the lens of their measurement knowledge and motivation, emotions, and expectations. † (Colder, p. 4) Incorporating ways to enhance the customer exp erience is critical. Including customers in the process through voice-of-the-customer (VOCE) analysis with customer input would be helpful. Many organizations currently invest in quality improvement programmers.However, the literature has revealed that many companies felt that the quality improvement programmers had fallen short of their expectations and that these programmers were not generating the anticipated improvements (L am, 1997). The key reason for this gap between quality improvement expectations and the realization of benefits is the absence of an effective quality planning process before its implementation (Curran and Godlier, 2000). Thus, quality planning is identified as the most significant phase in a corporate quality management process requiring ore attention. † (Generate, p. 02) As Generate states, quality plan inning is pertinent to the quality management process. Companies have to create a clear cut plan in order to become successful. In order for companies to be in a position to improve and offer a higher standard of quality, they must come up with avenues to make it happen. Analysis Elan Management's problem starts with the lack of a quality planning process. By not having a quality plan, we are not allowing ourselves to improve and go after what we want, which is increased clientele. Elan blames a lot Of its lack Of progression on the size Of he company rather than its lack of utilizing available resources.Just because the company is small does not mean that it cannot grow and be as successful as those larger management firms in the area. The owner must realize the importance of providing quality to the clients and how we have managed for this long. Clearly, we are capable since we are still in business. Although, an actually quality management department cannot be created with the amount of staff we have, it is possible to hire an expert that could lead us in the right direction. â€Å"Project management requires achieving cost, schedule, and performance arrests while providing an outcome that satisfies the client.A measure of the value of the project to the client is the level of quality associated with the completed project. â€Å"(Liberator, p. 422) For Elan, our project is simply how do we get more clients and once we get the clients how do we not only keep them but also have them to refer others to us as well. With property management, our clients are the Board of Directors for each community. If the Board feels we are doing a great job, they will be more inclined when a friend or relative gives them a horror story about their HOW management many, to let them know about us and all the things we offer that would benefit their community.Recommendations have a few recommendations for Elan Management. First, I would suggest root-cause analysis. In root-cause analysis, organizations must identify the root causes of their quality problems and fix them rather than only dealing with the symptoms of the proble ms. In order to get to the root of the problem, Six Sigma should be used. In the Analyze phase, we ask the 5 Whys to get to the root. By starting here, we begin to see what how the problem arose and leading to the next steps o resolve them.Secondly, I would suggest benchmarking which is when the company examines other like companies so they are able to take actions that will lead to performance improvement. Researching your competition is essential as you all are reaching out to the same clients. Whichever company has the better plan or more knowledgeable, better quality product or service will more than likely surpass the others. Elan needs to plan, plan, and plan in order to be successful. Allowing the company to basically move freely without structure is not going to allow Elan to receive the type of clients hey want or even gain more clients.

Anna Todd Jennings Scholarship Essay

Yes, twenty four hour visitation is something all the students wish to have at some colleges but it’s not for all colleges. Some college students always look forward into having fun, playing, and being interactive with the opposite sex. You would never have any privacy time someone would always be in the suite with your roommate or out in the always making loud and disturbing noises. As she said,†Most of college students like to relax in nightgowns, T-shirts, or underwear in their rooms or halls.† Relationships could also become a distraction to the person that is trying to do homework, or trying to study for that big test in the morning. That person who is in that relationship may have that boy or girl in their room to talk or do anything they was planning on doing. So there would be no privacy for yourself not even for work you just might want to take a quick nap, or just relax and watch some television. See more: scholarship essay format Stealing is another big key problem you might have by having twenty four hour visitation. The doors would always be unlocked from people walking in and out not remembering to shut the door. That makes it easier for someone that doesn’t belong in your room to take your stuff. As she also said,† These people might be anything from pranksters to criminals, but anyone leaving a room unlocked would be taking a chance of be robbed or seriously harmed.† I know most parents if they found out their child belongings are missing they would be ready to find out who took their child stuff and that could lead to something even bigger than what it was. In the same way most of racism in any form is evil that should be opposed. Anna Todd scholarship could be another terrible thing because it has a lot of racial comments, or things about. It discriminates on certain religions when scholarships shouldn’t be that way. I feel like not only Anna Todd Jennings scholarship but any other scholarship should be for any student at their leisure. One of the financial aid office representatives says,† He knew about the racial restrictions on the scholarship but thought everyone had the right to apply.† These scholarships are not cheap be apply for and not being able to get it because of your racist. You will have to pay for transcripts, financial statements, pay to get the forms you would have to fill out, etc. Parents would be devastated if they here their child couldn’t get the scholarship because of their race. One student said, â€Å"If we do not take that money and use our education to topple the barriers of prejudice, we are giving the money to those who will use the money in the opposite fashion.† People would take action if they don’t change the scholarship rules. People would try to have riots, protest, or again try to take the founders money. If people don’t believe in racism and don’t want to those types of things to happen to our students and community they would have put and end to that racial act that the school tried to oppose. I hope by refusing to apply for the Anna Todd Jennings Scholarship and not letting twenty for hour visitation into dormitories would better out students and make them have an successful life and school year.

Chocolate - Compare the book to the movie

Chocolate - Compare the book to the movie Lasse Hallstrom displays the events of "Chocolat" effectively in the film version of the 1999 novel of the same name by Joanne Harris. Europe is renowned for its fine chocolates, so the title suits the French setting well. The main theme in both the film and the novel is social equity and many aspects of this theme are displayed in "Chocolat". There are a number of other themes represented such as domestic violence, community spirit (both good and bad), the church v witchcraft, racial discrimination, and the role of women in society, euthanasia and food.Joanne Harris' husband was the inspiration for Chocolat. Annoyed that he was watching the footy on TV Harris asked him what he thought was the female equivalent of football. His answer was "chocolate", which resulted in Harris writing a novel based around the theme of chocolate.The story is narrated by two of the characters.English: dutch singer anouk at festival mundial 20...Vianne Rocher a stranger in the town and Pere Francis Reyna ud town Mayor/Catholic Priest the both give their own version of events as they unfold.The novel and the film describe the stranger Vianne Rocher and her six year old daughter Anouk arrival in the village of Lansquent with the north wind on Shrove Tuesday. Tired of wandering, Anouk begs her mother to stay. Vianne and Anouk move into a shop across the road from the church and open a chocolate shop. Vianne is a single parent, who contrary to the rest of the village does not attend church. Everyone in the town is astounded by Vianne's actions and her way of life. She opens her own chocolate shop right in the middle of Lent a holy time of self-discipline for the Catholic Church. From the moment Vianne sees Reynaud you know there...

Division Essay

Cell Communication/Death/Division Essay Cell Communication/Death/Division Essay CELL COMMUNICATION - animal cells = gap junctions to send signals (must be in direct contact) - plant cells = plasmodesmata - local signaling - signaling over a short distance - cell to cell recognition - local regulators - long-distance signaling - nervous/endocrine system in animals - plants use hormones, transported through vascular system - three stages of cell signaling - signaling molecule binds to the receptor protein - signal is converted into a form that can produce a cellular response - the transduced signal triggers a cellular response - G-protein receptors make up 60% of our cells - quorum sensing - capacity of bacteria to exhibited coordinated behavior in response to a particular population density CELL DEATH - apoptosis - controlled cell suicide - components are chopped up and packaged into vesicles = digested by scavenger cells - "blebbing" vs. apoptosis - triggered by death-signaling, DNA damage, protein misfolding - caspases - main proteases that carry out apoptosis - proteases - protein - digesting enzyme - necrosis - death by cell injury - cell bursts, â€Å"stuff† flies out - enzymes are unleashed into the ECF - results in inflammation, redness, pain, etc. - DNA is organized in chromosomes. -DNA is wrapped around histone proteins = chromatin (long thin fiber) -condenses further during mitosis = chromatin = chromosomes - mitotic chromosome = 2 sister chromatids -chromatids narrow at the centromere (not necessarily in the center) -homologous = same information - mitosis - divides the cell’s DNA between 2 daughter nuclei -4 phases = prophase, metaphase, anaphase, telophase - semi-conservative replication - conserve half of original piece = build two new ones - original piece is called the template strand INTERPHASE - G1 - 1st Gap - cell growth - S - DNA synthesis - chromosomes are copied -each daughter cell gets identical copy -error rate is about 1/100 million bases - G2 - 2nd Gap - further cell growth. organelles, proteins, membranes are created. Nucleus is well-defined, and DNA is loosely packed in long chromatin fibers (aka squiggly in the middle). PROPHASE - chromatin condenses = visible chromosomes - centrioles move to opposite poles of cell - spindle fibers go across cell to form mitotic spindle - microtubules - nucleolus disappears/nuclear envelopes burst TRANSITION TO METAPHASE/PROMETAPHASE - spindle fibers attach to centromeres - thus creating kinetochores - microtubules attach at kinetochores - connects centromeres to centrioles - chromosome begins to move METAPHASE - chromosomes align along the middle of the cell (metaphase plate) - spindle fibers coordinate movement - ensures that the chromosomes separate properly (1 copy per new nucleus) ANAPHASE - sister chromatids are separated at the kinetochores - move to opposite poles (pulled by centromeres) - microtubules lengthen as poles move further apart TELOPHASE - chromosomes arrive at opposite poles - nuclei form and chromosomes disperse - cytokinesis begins CYTOKINESIS - animal cells - constriction of actin microfilaments around equator of cell = cleavage furrow - splits cell in two - plant cells - cell plate forms - vesicles fuse = forms 2 cell membranes - new cell wall laid between membranes - new cell wall fuses with existing cell wall EVOLUTION OF MITOSIS - mitosis in eukaryotes likely evolved from binary fission in bacteria characteristics of binary fission: - single circular chromosome - no membrane bound organelles - no mitotic spindle REGULATION OF CELL DIVISION - multicellular organisms - must coordinate cell division across tissues/organs -timing,

Analysis and Consequences of Legal Action(S) Essay Example for Free

Analysis and Consequences of Legal Action(S) Essay Analisis for successful lawsuit report Purpose Per your request, our legal team, courtesy of Legal Eagles, LLP, wishes to advise you regarding your tentative legal action against Mechanics National Bank (â€Å"National Bank†). As you alleged, National Bank was negligent in their failure to remove a lien on your Lagoon Beach property. Our legal team has assessed this and other concerns of your case. Outlined throughout this correspondence are conclusions we have made and recommendations we wish you consider. Before we proceed, we thank you for your trust and assure you nothing less than our highest-quality work. You have expressed to us your interest in recovering compensation for a failed entrepreneurial endeavor involving a hotel property, Hotel California. You also informed us that your acquisition of this property was dependent upon your securing financing through pledging a property you currently own as collateral. In a brief analysis of the facts of your case, we find you may successfully prove liability on the part of National Bank; however, this conclusion is not without concerns, particularly regarding your contract with the owner of Hotel California. This concern and other considerations for your case are also discussed in this correspondence. Factual Background Our notes of the essential facts of your case indicate the following: You sought the acquisition of an existing hotel property located in Palm Desert, Green. You contacted the hotel’s listing agent, Mr. Babak Gordon, and obtained preliminary data on the property, including financial statements of the hotel which you have provided us. On January 5, 2005, the hotel owner, Ms. Shirley Ramirez, Mr. Gordon, and you had a preliminary discussion regarding the purchase and sale of Hotel California. Ms. Ramirez offered to you by phone this property for $4.3 million, excluding the furniture, and the sale was to conclude following a 45 day escrow. On January 6, 2005, you faxed Ms. Ramirez a signed letter both indicating your acceptance of her offer and your preference that the transaction close following a 60 day escrow. Although you never received a reply or confirmation from Ms. Ramirez, on January 30, 2005, you obtained a financing commitment from Bank of the West. Their conditions we re that the bank would obtain a first priority lien on the hotel property along with an unrelated undeveloped parcel of land owned by you in Lagoon Beach, Green. As you have shared with us, you acquired this land in 1984 and had managed to pay off its mortgage on November 1, 2004. However, National Bank failed to remove its lien on the property. You vigorously attempted to get National Bank to remove its lien on this property. You contacted bank officers and explained to them that the lien needed to be removed so that you could pledge the property as collateral and finance your purchase of Hotel California. Because National Bank did not remove this lien, you were unable to finance the acquisition of Hotel California. You later bought a hotel property â€Å"similarly situated† and â€Å"virtually identical† to Hotel California for $4.7 million dollars. Issue From our analysis, we find as reasonable your decision to consider pursuing legal action against National Bank for damages. You have cited National Bank as negligent for failing to follow instructions regarding the removal of a lien from the title of your Lagoon Beach property. If you proceed further to trial, a court of law will try, whether by failing to remove its lien on your Lagoon Beach property, National Bank committed the tort of negligence. Because our analysis has also raised concerns regarding your contract with the owner of Hotel California, Ms. Shirley Ramirez, we must also inform you of a second issue a court of law is likely to try. If you proceed further to trial, a court of law will try whether a legally binding, enforceable contract exists (or existed) between Ms. Ramirez and you. Keep in mind that your legal action for damages may be predicated on whether there was a contract. Roadmap In addition to listing our conclusions, recommendations, and concerns throughout this correspondence, you will find that we have analyzed the likelihood for success of your legal action against National Bank. You have expressed your desire to recover damages for your lost opportunity involving the Hotel California property. For your convenience, a complete and careful analysis has been conducted and detailed throughout this correspondence. GROUNDS OF LIABILITY You have alleged that National Bank was negligent, and you intend to recover damages from National Bank. You will have the burden of proving the prima facie case for the tort of negligence. You must cite evidence and present arguments that support your allegation of National Bank’s negligence. To successfully fulfill your burden you must show that: * Duty: The defendant (National Bank) owed you (plaintiff) a duty of due care. * Breach of Duty: Defendant’s conduct breached that duty. * Actual and Proximate Cause: Actual and proximate causation between defendant’s breach and your (plaintiff’s) injury was present. * Injury: Injured party (you) sustained injury due to defendant’s actions. If you fail to prove these elements, National Bank’s legal team may motion to dismiss your case. In this event, it is possible that your case could then be dismissed without further proceedings. However, if you successfully prove and argue all four of these elements, you must also overcome any affirmative defenses, if applicable, raised by the defendant (National Bank). These defenses are contributory negligence and assumption of risk. From our initial analysis, National Bank will be unable to raise an affirmative defense on these grounds. We will fully assess whether there are on any other legal grounds defenses that National Bank can raise. (See Other Considerations.) Remedies for Negligence If you successfully prove National Bank’s liability, you may be entitled to recover compensatory or actual damages. The damages and compensatory award amounts are determined on a case-by-case basis by the jury or judge presiding over the case. We have included a potential award amount you may be entitled to and you will find a complete discussion on how this determination is made. (See ANALYSIS OF LIABILITY – Injury.) Statutes Governing Contract Law Because the secondary issue (See Issue) and one of our concerns regarding your case is regarding your contract with Ms. Ramirez, we have disclosed applicable information from both the Green Civil Code and our legal library pertaining to 1) offer and acceptance, 2) Green’s statute of frauds, and 3) Green’s â€Å"mirror image rule.† For your convenience, we have bolded and defined legal terminology that will be reiterated in later sections of this correspondence. Offer and Acceptance An offer is the important first step in the contract formation process. A party (offeror) who makes the offer gives another party (offeree) to whom the offer is made the power to bind both parties to a contract simply by accepting the offer. Not every proposal qualifies as an offer. To distinguish an offer, courts evaluate offers on three grounds: First, they look for some objective indication of a present intent to contract on the part of the offeror. Second, they look for specificity, or definiteness, in the terms of the alleged offer. Third, they look to see whether the alleged offer has been communicated to the offeree. An acceptance is â€Å"a manifestation of assent to the terms [of the offer] made by the offeree.† In determining if an offeree accepted an offer and created a contract, a court will look for evidence of three factors: (1) the offeree intended to enter the contract, (2) the offeree accepted on the terms proposed by the offeror, and (3) the offeree communicated his acceptance to the offeror. Statute of Frauds According to the Green Civil Code,  § 1624, any contract transferring an interest in land is invalid if not accompanied by â€Å"note or memorandum.† An unenforceable contract is one that meets the basic legal requirements for a contract, but may not be enforceable because of some other legal rule. A contract for which the statute of frauds requires a form of writing, yet no writing is made, may be declared an unenforceable contract. Mirror Image Rule The traditional contract law rule is that an acceptance must be the mirror image of the offer. Attempts by offerees to change the terms of the offer or to add new terms to it are treated as counteroffers because they indicate an intent by the offeree to reject the offer instead of being bound by its terms. Now that you have an understanding of the relevant law behind the tort of negligence and contracts, and are familiar with the legal terminology of these areas, we proceed into our analysis of the facts of your case and the prima facie case for the tort of negligence. ANALYSIS OF NATIONAL BANK’S LIABILITY Should you pursue further legal action against National Bank, you will have the burden of proving the elements of the prima facie case of the tort of negligence. Below are descriptions of these elements, accompanied by our legal analysis between the facts of the case, prima facie case, and case law from our legal library. Tort of Negligence In Commercial Escrow Company v. Rockport Rebel, Inc., negligence is defined as â€Å"conduct which falls below the standard established by law for the protection of others†. Because of the similarities in the facts between the case of Escrow Company and your case, this case has been used extensively in the forming of the following arguments. We recommend using this case in satisfying your burden for your legal action. Accordingly, you must argue that National Bank’s behavior in failing to remove the lien on your Lagoon Beach property fell below the standard for public protection established by law. Further, to successfully prove negligence, you must argue that National Bank is responsible for some injury you incurred stemming from their alleged mismanagement and failure to remove the lien on your property. With your notes, the facts of your case, and documents you provided us, we have constructed tentative arguments to determine the success of your legal action. You will find these arguments beginning on the next page. Duty According to the case, Commercial Escrow Company v. Rockport Rebel, Inc., â€Å"a defendant owes a duty of care to all foreseeable plaintiffs.† For example, in cases where a â€Å"[defendant] voluntarily assumes the duty to act by promising to the plaintiff to behave in a certain way,† the defendant owes that plaintiff a duty to act with care. According to Judge Utter, a â€Å"defendant also [owes] the plaintiff a duty of care where a contractual relationship between the parties requires the defendant to act in a certain way towards the plaintiff.† Considering these rules of law, National Bank owed you a duty to act as you requested. In your previous correspondence, you indicated that National Bank is â€Å"the lender on your Lagoon Beach property.† You also submitted to us a copy of your deed of trust. To reiterate â€Å"the language in the deed of trust† as part of your contractual relationship with National Bank, National Bank was supposed â€Å"to promptly record a reconveyance of its lien on [your] property upon payment in full of the underlying loan.† Because National Bank failed to do this, we find it foreseeable that you would be prevented from using the property as collateral for your hotel acquisition. Additionally, you also mentioned that you â€Å"vigorously attempted to get†¦ National Bank to remove its lien on [your] property, but to no avail† and despite â€Å"repeated assurances from various officers.† Because National Bank officers assured and essentially promised you that they would remove the lien on your property, National Bank voluntarily assumed a duty to you, if no duty had been present beforehand. In essence, the assurances made to you to process your request indicate that National Bank voluntarily assumed, and therefore owed you, a duty of due care to act as you requested. In light of these arguments, we assure you that you should successfully satisfy this first element – duty – of the prima facie case of the tort of negligence. Breach of Duty According to Commercial Escrow Company v. Rockport Rebel, Inc., in order for a plaintiff to prove negligence, the â€Å"plaintiff is required to show †¦that [the defendant] had breached [defendant’s] duty of care to the plaintiff.† In most cases, a defendant owes a plaintiff a duty to act as would a reasonable person under similar circumstances. In the case of Escrow Company, the Court found that â€Å"in performing services for a client, [the] escrow company has the duty to strictly follow instructions.† Like an escrow company, a financial institution like National Bank most likely has a duty to strictly follow instructions drafted in a deed of trust, or part of a loan or other financial instrument. Because officers on behalf of National Bank did not follow instructions and terms of behavior involving you (as lendee) and National Bank (as lender) detailed in your property’s deed of trust, you may successfully argue that National Bank breached its duty to you. According to our copy of your deed of trust you provided us, National Bank was required to â€Å"promptly record a reconveyance of its lien on the property upon payment in full of the underlying loan.† You had managed to pay off the mortgage on this property on November 1, 2004. Despite this, National Bank failed to remove its lien, even after you requested. Because officers at National Bank did not strictly follow this instruction, National Bank breached the duty of due care owed to you. Causation Satisfying the prima facie case for the tort of negligence also requires that a plaintiff prove that there is a connection (or actual causation) between the alleged breach of duty by defendant and injury suffered by plaintiff. As in the case of Commercial Escrow Company v. Rockport Rebel, Inc., courts assess the existence of a connection between breach and injury by determining whether injury would have occurred if not for breach. A court would employ a similar test in your case. Because National Bank failed to remove the lien on your property, you did not satisfy terms of the loan commitment with Bank of the West and could not secure financing for your acquisition of Hotel California. We find that there is a casual connection. Courts also evaluate the proximate cause (causation) between a defendant’s breach of duty and a subsequent injury suffered by a plaintiff. Proximate causation refers to whether the defendant’s breach of duty and subsequent injury suffered by the plaintiff was foreseeable. Because you vigorously attempted to have officers at National Bank remove its lien on your property and informed them that you needed the lien removed in order to pledge the property as collateral, we find that your injury of loss of opportunity to acquire the hotel property was foreseeable. Injury The final element you must prove to satisfy the prima facie case for the tort of negligence is whether you have suffered injury because of National Bank’s alleged negligence. Due to National Bank’s failure in removing the lien on your Lagoon Beach property, the transfer of ownership agreement of Hotel California between you and Ms. Ramirez allegedly collapsed. Later, you purchased a â€Å"similarly situated† and â€Å"virtually identical† hotel property for $4.7 million, $400,000 more than what you would have paid for Hotel California ($4.3 million). In essence, National Bank’s alleged negligence caused you to incur an opportunity cost of $400,000. This loss of opportunity is under the assumption that a valid, enforceable contract existed between you and Ms. Ramirez. SUMMARY Because National Bank breached its duty by failing to remove its lien on your property, you were unable to secure financing for a $4.3 million acquisition of Hotel California. However, you later purchased a â€Å"virtually identical† property for $4.7 million. You may be entitled to the difference. DEFENSES AGAINST LIABILTY In this portion of this report, we detailed any applicable defenses relevant to your case, and outlined other considerations and concerns we advise you to consider. Although we have found that affirmative defenses to National Bank’s negligence are inapplicable to the particular facts of your case, we have other concerns to discuss. Other Considerations It is the opinion of Legal Eagles, LLP, that National Bank may argue that regardless of whether it removed the lien on your Lagoon Beach property, indefinite would be the transfer of ownership of the hotel property from Ms. Ramirez to you. As our analysis showed, you may successfully prove that National Bank had a duty to remove the lien on your property and subsequently breached that duty by failing to adhere to this instruction. If the failure to remove the lien on your property can be proven to have caused you damage(s), we will advise you to pursue further legal against National Bank. But first we must evaluate the documents you provided us and later the validity of the binding contract between you and Ms. Ramirez. Analysis of Income We have completely revalued the hotel property, Hotel California you were interested in. We used the same method(s) and approaches that most banks in our region would use to appraise the value of hotel properties. The expected value approach places weights on appraisals from two methods. First, we multiplied the past two years’ average gross margin by four. This holds a weight of 40%, because it is expected to be accurate 40% of the time. The value we derived from this method came to $2,462,380.00. Next, we took the present value of the average of the past three years’ cash flows, discounted at an 8% discount rate for 10 years. This method holds a 60% weight. The value derived from this method comes to $2,505,589.13. Our final step is to assign the correct weight to each method and sum the two figures. We can therefore conclude that the Hotel California’s appraisal value is $2,488,305.48. In addition to this, it is acceptable for a company to sell what is known a s â€Å"goodwill.† That is why the listed price of 2.5 million dollars was overstated by $11,694.52. We know that the bank would only allow you to borrow up to the appraised value, $2,488,305.48, unless you either pay 25% of the purchase in cash, or pledge to the bank a first priority lien on the vacant land as collateral. We also know that the latter option was not possible, so we will consider the former. We conclude that 25% of the purchase price of $4.3 million is $1,075,000. Because you were able to only provide $500,000 in cash for a down payment, you did not meet the requirements to borrow more than $2,488,305.48 from the bank, without pledging the vacant land. Hypothetically, if you had decided to borrow $2,488,305.48 from the bank, plus your $500,000 down payment, you would have had $2,988,305.48. This amount still would not have been enough to purchase the Hotel California property offered at $4.3 million dollars. Consequently, we conclude that without pledging the vacant land as collateral, there was no way you could have borrowed enough money to make the purchase. Even though the appraised value was not enough for you to borrow a sufficient amount of money from Bank of the West, we believe the appraised amount you were given was not accurate. There are two reasons why we believe Desert Mirage Accounting should not have relied on the income statement and footnote provided by Ms. Ramirez’s accountant. The first problem lies in the way the accountant prepared the income statement. Mr. Babak Gordon calculated gross profit by taking revenue minus cost of revenue. This method is only used for retailers and manufacturing companies, whereas Hotel California is a service company. The second problem is the verifiability of the financial statements and reliability of the accountant. To be credible, financial statements must follow generally accepted accounting principles (GAAP). A financial statement that follows GAAP must be accompanied by a signed opinion letter. The letter can be in the form of: 1) Compilation letter Finally, this letter must be signed by a certified public accountant (CPA). Because the income statement of Hotel California does not come with any signed opinion letter, we cannot verify its accuracy. Therefore, Desert Mirage Accounting should not have relied on that income statement and footnote information to make the evaluation. In our initial observation of your case, we assumed National Bank’s failure to remove its lien from your Lagoon Beach property caused you to forfeit your opportunity to purchase the Hotel California property. As illustrated by our calculations above, you could not have financed the acquisition of Hotel California without pledging your Lagoon Beach property as collateral. However, after conducting a thorough analysis of your case, we regret to inform you that you may not be able to prove damages stemming from National Bank’s failure to remove its lien from your property. Even though National Bank may have breached its duty to you, National Ba nk could argue that your contract with Ms. Ramirez is invalid or unenforceable. In the event that you do not have a valid or enforceable contract, you are not legally entitled to the Hotel California property or other legal remedies. In essence, regardless of whether National Bank’s negligence can be proved, a transaction between Ms. Ramirez and you might not have occurred if a binding contract did not exist. We will clarify and explain this finding in the next section. Offer and Acceptance Analysis From our analysis, coupled with case law from our case library, we have found that there was no contractual arrangement between you and Ms. Ramirez. In arriving at this finding, we took into account the facts surrounding your case. There are key elements that prevent the institution of a contract, for the purchase of real estate, between you and Ms. Ramirez. In reaching this finding, we referred to the case of Cayetano J. Apablasa v. Merritt & Company from our case library. In this case, the Court evaluated a plaintiff’s action for damages resulting from an alleged breach of contract. This plaintiff’s action for damages depended on whether there was an existing contract. The Court found that â€Å"no reasonable construction of evidence† admitted a binding contract between the parties; and that the correspondence that was provided to the Court amounted to â€Å"nothing more than an offer that was never accepted.† In essence, at the conclusion of the plaintiff’s case, the Court’s judge â€Å"entered a judgment decreeing that no contract was entered into, existing, or was ever executed.† Similar to your case, in Cayetano v. Merritt, the initial reply to the offeror’s offer by the offeree did not constitute an acceptance, contrary to what the offeree had thought. The offeree had included a â€Å"proviso† in his perceived acceptance letter to the offeror. In light of this, the Court found that terms proposed in an offer â€Å"must be met exactly, precisely and unequivocally for its acceptance to result in the formation of a binding contract.† This decision supplements our discussing regarding Green’s â€Å"mirror image rule† below. (See Regarding Mirror Image Rule.) Additionally, the Court stated that â€Å"[t]he addition of any condition†¦ is tantamount to a rejection of the original offer and the making of a counteroffer.† In essence, the Court’s decision can be summarized by the following: â€Å"[w]here a person offers to do a definite thing and another introduces a new term into the acceptance, his answer is a mere expression of willingness to negotiate or is a counter proposal, and in neither case is there a contract; if it is a new proposal and it is not accepted it amounts to nothing.† Regarding Green’s Statute of Frauds A key element that is missing in the proof of a contract is that your agreement with Ms. Ramirez was not in writing. The Green Civil Code requires that in order for a contract involving the sale of real property, to be valid, the agreement must be in writing and signed by the party to be charged or by the party’s agent. In your situation, Ms. Ramirez made her initial offer orally over the phone and you replied by a signed fax. There was never a written offer or contract signed by Ms. Ramirez. Therefore, a court of law would most likely find the contract between you and Ms. Ramirez as unenforceable. Even if the alleged contract did not have to be in writing and could be enforceable, there are other additional concerns we have: Regarding the Mirror Image Rule In a situation, such as the one you were in, a proper acceptance must meet the â€Å"mirror image rule.† This rule states that in order for an offeree to properly accept an offer, the offeree must accept the exact offer that was established by the offerer. When reviewing your case, we found that you had intent to accept Ms. Ramirez’s offer, but in your attempt to accept the offer, you added a different term to the agreement. In her offer, Ms. Ramirez required that â€Å"[t]he sale was to conclude following a 45-day escrow.† However, in your reply, you stated that you â€Å"would like to close escrow within 60 days.† A court of law would find that by changing the terms of Ms. Ramirez’s offer, you fail to meet the â€Å"mirror image rule,† and therefore terminated Ms. Ramirez’s initial offer and proposed a counteroffer. Documents you provided us detailing your correspondence with Ms. Ramirez indicate no communication on her part in accepting your counteroffer. Summary We must mention that had there been a contract between Ms. Ramirez and you, you may have been the subject of legal action by Ms. Ramirez. If we assume there was an actual contract between Ms. Ramirez and you with either the 45 day or 60 day escrow term, Ms. Ramirez could have pursued legal action and you could be liable for having breached your contract for your failure to deliver on your promise. You entered into the alleged contract with Ms. Ramirez on January 6, 2005. Regardless of whether there was an agreement for a 45 day escrow or a 60 day escrow term, you failed to secure financing in either time frame. Approximately 80 days after entering the alleged contract with Ms. Ramirez, on March 28, 2005, you contacted Ms. Ramirez to request an extension. The fact that you have no pending legal action brought by Ms. Ramirez may suggest that Ms. Ramirez did not view the arrangement with you as a binding contract. We reiterate that neither party had a binding, enforceable contract. CONCLUSION Ms. Warren, we regret to inform you that success with your legal action is unlikely. There is a high chance you will be unsuccessful, should you purse a legal action against National Bank on the grounds of the tort of negligence. National Bank failed to remove the lien on your Lagoon Beach property, violating the duty of due care owed to you, and disrupting your ability to secure financing for your entrepreneurial endeavor. However, the question of law of whether there was a valid, enforceable contract between you and Ms. Ramirez, is the decisive issue. As our analysis has indicated, a court of law will most likely try the issue of whether there was a binding contract. Thus without the binding contract between you and Ms. Ramirez involving her offer for the hotel (Hotel California), a judge or jury in a court of law cannot rely on how much you would have paid to make a compensatory damages determination. In other words, because your action for damages is predicated on a contract between you and Ms. Ramirez, your damages cannot be established and you incurred no loss of opportunity. Without the loss of this opportunity cost, you have not suffered any injury due in part to National Bank’s negligence. RECOMMENDATIONS Ms. Warren, as Associate Partner of Legal Eagles, LLP, I oversaw the analysis of my legal team and validated their conclusions and findings. In light of the findings of our analysis, I foremost recommend that you consider the following course of action: * Please, do not pursue further legal action against National Bank regarding this cause of action and issue. It is my opinion and the opinion of Legal Eagles, LLP, that pursuing further legal action regarding this issue, considering our evaluation of your case, will result only in additional expense on your part including legal and attorney fees and your time. You will also not receive the resolution that you would like making the process inherently dissatisfying and frustrating. With this in mind, there is another course of action I do recommend. Because you have already attempted to resolve your issue with National Bank regarding the lien on your Lagoon Beach, Green property, you are entitled to contact the regulatory agency of your former bank. All national banks within the state of Green are regulated by different agencies. If National Bank’s lien remains on your property, I recommend you pursue this alternate course of action: * Contact the appropriate state of Green regulatory agency of your financial institution (National Bank) and file a complaint. Your bank’s regulatory agency can help you with your concerns and complaints. There are many regulatory agencies in the state of Green’s banking industry. For your convenience, the appropriate regulatory agency of your former bank, and its details have been listed: According to the Federal Financial Institutions Examinations Council (for additional information visit www.ffiec.gov), National Bank’s regulator is the Office of the Comptroller of the Currency (for additional information please visit www.helpwithmybank.gov). You can visit and reach this regulatory agency online or by phone at (800) 613-6743. The Office of the Comptroller will assist you in getting answers and solutions to your questions and concerns. You can also file complaints against your bank, here. If you decide to proceed with filing a complaint, officials from the Office of the Comptroller will contact National Bank on your behalf regarding your issue for a response. You will then receive a let ter summarizing the results. Those who have sought our legal advice and even had similar experiences as you with National Bank as well have reported that intervention by a regulatory agency expedited the process and liens were eventually removed. We are confident that you have the tools to resolve this issue. ——————————————– [ 1 ]. The elements of the prima facie case of the tort of negligence are duty, breach of duty, actual and proximate cause, and injury. [ 2 ]. COMMERCIAL ESCROW COMPANY AND JAMES DE MIK, APPELLANTS, v. ROCKPORT REBEL, INC., APPELLEE. 778 S.W.2d 532; 1989 Tex. App. LEXIS 2263 [ 3 ]. CAYETANO J. APABLASA, Appellant, v. MERRITT & COMPANY (a Corporation) et al., Respondents. 176 Cal. App. 2d 719; 1 Cal. Rptr. 500; 1959 Cal. App. LEXIS 1542 Analysis and Consequences of Legal Action(S). (2016, Mar 24). We have essays on the following topics that may be of interest to you

Is there such a thing as genuine emotion Discuss with reference to the Essay - 1

Is there such a thing as genuine emotion Discuss with reference to the concept of emotional labour in the workplace - Essay Example Many CEOs believed that emotions would get in the way of managers being able to make good decisions (Grandey, 2000). Research has shown however, that emotions can be a very positive aspect of the workplace and can be used to meet organizational goals. In his play, â€Å"As You Like It,† Shakespeare wrote, â€Å"All the world’s a stage and all the men and women merely players †¦Ã¢â‚¬  (Shakespeare, 2003). If this is true, then each of us is an emotional actor who plays various roles upon the state of home, work and the community. At home with family and friends, we act one way and with friends we act in a different way. In the workplace, most people have a totally different persona because they want to do their best and they may feel that emotions make them vulnerable. The challenge is that the average person cannot leave who they are totally at home; they will bring some of who they are to the workplace and this includes their emotions. According to Grandey (2000) emotional labor can involve â€Å"enhancing, faking or suppressing emotions to modify the emotional expression† (p. 95). Emotional labor has display rules that decide how emotions are to be expressed inside the organization. The rules may be told in some way to employees through training materials or they may be learned by observing other co-workers. There may be specific emotions that must be used in specific situations in organizations. As an example, anyone working in customer service will need to smile and be friendly to customers in order to keep customers happy. This is one example of how emotions come into an organization and can be used successfully. There are many theories about emotional labor in the workplace. The first theory began with Hochschild in 1983. Hochschild is a sociologist and saw emotional labor as â€Å"the management of feeling to create a publicly observable facial and bodily display† (Grandey, 2000, p. 96). He observed this from the perspective of the

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Discuss the purpose and process of budgetary control - Assignment Example Budget control is the process of managing individual items in a budget such that expenses arising from them do not rise above the forecasted amount in the budget estimates. Budget control helps an organization/ entity to plan adequately for the future. It also helps the organization to evaluate adherence to set policies. Through budgetary control, the organization is able to minimize wastage and inefficiency (Pollitt, 2001). In itself, the budget is a tool for expenditure control within a firm. In order to stick to the laid out expenditure program and prevent excessive spending, the organization has to carry out effective budget control measures, both before and after planning. Below is an outline of the main steps of budgetary control. This phase involves drawing up a list of policy guidelines for the firm that will guide both the management and lower-level employees in their daily operations. Integrating long term policies with short term ones forms a basis for periodic evaluation of success in implementing a set of policy guidelines. Several objectives that guide the business are laid out in order of prioritization. Besides profitability, which is the key objective of most business organizations, quality, market positioning, product differentiation and cost leadership form some of the more common goals that guide policy formulation (Toigo and Woods, 2006). Whereas policy harmonization is key to achievement of set goals, each level of management rolls out several objectives that guide its specific situation. However, the goals must work towards achieving the corporate objectives laid out by the top management. Each function that is deemed to complement achievement of policies formulated is listed together with its expected costs/ revenue. The forecasts should be made at both the micro and macro levels. Micro level forecasts involve activity based costs, while macro level forecasts involve transaction

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Head Start Early Education Program - Annotated Bibliography Example Educational development is both a short-and long-term goal. As noted by Sciarra et al. (2015), the program serves the at-risk preschool-age children. To ensure its continuity, funds are provided by the federal government through the U.S Department of Health and Human Services. The transition from preschool to elementary school results in varied changes in the development of the child such as the need for children to engage successfully with their peers outside the home and adjust the space and requirements of the classroom. To that effect, the McWayne et al (2012) discuss how the Head Start Early Education Program is designed to develop strong family relationships, improve the children’s educational performance, and design an environment to develop strong cognitive skills. Deming (2009) asserts that the Head Start Educational program is among the longest-running programs in America that attempt to address systematic poverty and improve educational performance. It is equally important to note that the ABCD Head Start program is at the forefront of cutting-edge work in early education. The program helps the children develop their brain (Action for Boston Community Development, 2015). Lee (2011) illustrates the effect of the duration of Head Start enrollment on the academic outcomes of children. The study reported that the program improved performance. Furthermore, the article by Besharov and Call (2009) critique the program outlining its weaknesses. The article provided crucial information on elements of the policy that require reform. Lee, K. (2011). "Impacts of the duration of Head Start enrollment on childrens academic outcomes: Moderation effects of family risk factors and earlier outcomes." Journal of Community Psychology 39 (6),

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Media and Privacy - the Massacre That Shocked the World - Essay Example Was transparency maintained in reporting? These are the questions that need to be answered when analyzing the case, apart from these questions, What has been referred to as ‘Massacre at Langdale High’ transpired in Andersonville- a small town in the United States. The case of Langdale High involves two siblings named Jeffrey and Laura. Both of them had a pleasant childhood but soon things started to change. The case informs that the neighbours confirmed that both the siblings were friendly and warm during their childhood. However, in case of Laura, her disposition suddenly changed after her tenth birthday. She became quieter and withdrew herself from communications. The reason was, when she turned ten, she was subjected to sexual harassment by her father periodically. This led to the formation of negative feelings inside her such as embarrassment and resentment. She did not engage in any social activity and isolated herself. She was limited to a close clique, whom she called her friends. She tried opting for drugs, in an attempt to find some solace but to her surprise, Laura found jotting her thought in her diary as more therapeutic and satisfactory. In case of Jeffrey, he was a bright kid and celebrated his father as his superhero. He longed for his attention and wanted to share a close bond with him. He was aware of the fact that his sister was being sexually abused by the father every now and then Laura had complained to him several times, but he did not take any stance on his issue and chose to remain quiet. When Jeffrey turned 13, his family was abandoned by his father. This incident was a milestone in Jeffrey’s life and left him a changed person. He became bitter as a person and fell into glum depression. Weapons and ammunition started to lure him and. Many assumed that his rampage was because of the frustration that he felt. This case informs of Sharyn Lassiter, who was the police and a court reporter at Andersonville Tribune.

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Media and Privacy - the Massacre That Shocked the World Essay

Media and Privacy - the Massacre That Shocked the World - Essay Example Was transparency maintained in reporting? These are the questions that need to be answered when analyzing the case, apart from these questions, What has been referred to as ‘Massacre at Langdale High’ transpired in Andersonville- a small town in the United States. The case of Langdale High involves two siblings named Jeffrey and Laura. Both of them had a pleasant childhood but soon things started to change. The case informs that the neighbours confirmed that both the siblings were friendly and warm during their childhood. However, in case of Laura, her disposition suddenly changed after her tenth birthday. She became quieter and withdrew herself from communications. The reason was, when she turned ten, she was subjected to sexual harassment by her father periodically. This led to the formation of negative feelings inside her such as embarrassment and resentment. She did not engage in any social activity and isolated herself. She was limited to a close clique, whom she called her friends. She tried opting for drugs, in an attempt to find some solace but to her surprise, Laura found jotting her thought in her diary as more therapeutic and satisfactory. In case of Jeffrey, he was a bright kid and celebrated his father as his superhero. He longed for his attention and wanted to share a close bond with him. He was aware of the fact that his sister was being sexually abused by the father every now and then Laura had complained to him several times, but he did not take any stance on his issue and chose to remain quiet. When Jeffrey turned 13, his family was abandoned by his father. This incident was a milestone in Jeffrey’s life and left him a changed person. He became bitter as a person and fell into glum depression. Weapons and ammunition started to lure him and. Many assumed that his rampage was because of the frustration that he felt. This case informs of Sharyn Lassiter, who was the police and a court reporter at Andersonville Tribune.

Idealism in Realistic Context Essay Example for Free

Idealism in Realistic Context Essay Human idealism is a predominant theme in contemporary literature. Movies such as â€Å"Superman,† â€Å"Star Wars,† â€Å"Armageddon,† â€Å"Charlie’s Angels,† etc. have impressed the world with their portrayal of ideal human qualities as characters deal with social and personal conflicts of everyday life. The same theme can be found in the stories of Kincaid, Crane and Chabon. The stories titled, â€Å"Girl,† â€Å"An Episode of War,† and â€Å"The Amazing Adventures of Kavalier and Clay,† present the protagonists’ struggle towards idealism in a realistically imperfect society. Idealism, as the American Heritage Dictionary defines, is â€Å"the act or practice of envisioning things in an ideal form† (Answers. com). This idea is in contrast with realism, which represents â€Å"art or literature of objects, actions, or social conditions as they actually are, without idealization or presentation in abstract form† (as mentioned in Answers. com). In the three stories mentioned, human characters are expected to attain ideal qualities to compensate the flaws of society. While they are depicted with idealism, the stories present at the same time the real status of society characterized by discrimination, death, and superficiality. Primarily, the society, with its history, culture, and norms, establishes limitations and requirements for human characteristics. These requirements are directly established in Kincaid’s, â€Å"Girl. † In this piece of work, the mother embodies the society in setting standards for women. She orders her daughter what to do, from washing clothes, cooking pumpkin fritters, soaking salt fish, ironing her father’s clothes, to making ends meet (17). Although these requirements are set by a mother (Moore 2008) adhering with these is similar to fulfilling requirements set by society. Since the story does not specify a character’s name, it can be inferred that the author addresses the female population in general, and thus exempts the opposite gender of the said responsibilities. Therefore, while ideal qualities are expected of a girl, the standards disparage the female gender. In Crane’s â€Å"An Episode of War,† the situation of the characters demands them to have courage in spite of personal fears of death. Seeing the lieutenant’s blood gushing out of his body, the soldiers are confronted with the reality of death. Despite their fears, they need to show courage in the midst of disaster because it is what society expects of them. Similarly, the lieutenant has to face his fate with a brave heart because there is no place for cowardice in the military service. At the end of the story as he denies his pain and says, I dont suppose it matters so much as all that (11), the lieutenant submits to the standards of courage set by his society. In Chabon’s â€Å"The Amazing Adventures of Kavalier and Clay,† the author presents a different style in embodying the society it portrays. It uses the characters’ concepts of the world expressed in their dialogue. In the story, Sammy and Joe are seen brainstorming about a hero they would like to create. Both have the same notions of a hero based on what society has taught them. Based on their conversation, a hero is one who has supernatural qualities like Superman, but must be purpose-driven like Batman to ensure that people would love him. The making of a hero thus projects the idealism in the minds of the two characters. As they construct their own hero, the two present the expectations that each of them has learned from the society. Evidently, the concept of human idealism which asserts compliance with the rules of society makes the characters lose their self-identity in the process. In the first piece, as the girl does all of what the society (or the mother) expects of a daughter, she loses the opportunity to design her life according to her own plans. In other words, the ideal characteristics that she is expected to have all lead to losing her right to live and design her own life. The tasks that she is bound to accomplish each day thus prevent her from doing things that she wants or needs, such as attending school. In sum, these tasks imply stereotyping and gender discrimination. Stereotyping is very obvious as the story relates all the responsibilities a girl should do in a household. By advising a girl how to cook, iron clothes, or serve dinner, the mother implies limiting the girl to household chores and discouraging her from pursuing education and profession. In the second story, the loss of identity is vividly illustrated. The situation itself calls for pretense and deceit. As the men in the battlefield witness the wounding of the lieutenant, they suddenly grow strange, and at once become unable to face the situation. Besides the sergeant who nervously assists the lieutenant, the rest of the men are astound and do not know what to do. Their silence as the lieutenant is carried back to the camp explains the sudden strangeness that they feel. Idealism prevents them from expressing fear or disgust even at a very crucial moment. In contrast, if the soldiers were only imbued by realism, they would have expressed sentiments, or some would have backed out from their mission. However, due to idealism, they choose to pretend and bear the sacrifices brought by war. In the third story, as Sammy and Joe strive to construct a superhero, they lose their own human identity in the process. The superficial qualities they want their superhero to possess deconstruct their human characteristics. Accordingly, this motive suggests their wish for supernatural strength and escape from the ordinary ways of the world. Therefore, while they aim for a newly constructed identity, Joe and Sam attempt to abandon not only their own human characteristics but everything associated with it, including their society. Such attempt can be due to the difficulties they encounter in life, although there is no mention of this in the excerpt. The three literary pieces from contemporary literature present different struggles of the characters in the society they live in. Highly imbued by idealism, the characters show the reality of every person to attempt to adhere to the expectations and standards of society. Like many of us, although they experience the loss of identity and other social struggles, they still continue to face the challenges of life, the ideal requirements that social reality demands.

An Spanish American War History Essay

An Spanish American War History Essay This paper discusses about the war between Spain and United States and the summaries the causes of Spanish and American war. It also details the significant events during the Spanish-American war. This paper describes the important terms, people and events of Spanish -American war. It examines the Spanish-Cuban Tensions and the Yellow Journalism of Spanish -American war. This paper also provides the American Imperialism and Treaty of Paris. It states the effects of the Treaty of Paris during the Spanish-American war. This paper concludes this concept by providing the essential concept of Spanish-American war. Spanish- American War Summary of Spanish- American war The Spanish-American war was a conflict between America and Spain in 1898 effectively due to the intervention of US in the ongoing Cuban War of Independence. United States was attacked Pacific possessions of Spain led to the involvement in the case of Philippine Revolution as well as to Philippine- American war. The public opinion of America was grown at reports of Spanish Atrocities in Cuba. United States tariff had put restrictions on sugar imports to America and severely hurt the economy of Cuba that was dependent on the producing and selling sugar. The main issue was that Cuban independence, the ten-week war was fought in the case of both Caribbean and Pacific. United States had many business men with the investment interests in the case of Cuba that became concerned. The public of United States was stirred into anti- Spain frenzy due to the Yellow journalism of men including Hearst and Pulitzer. In 1898, America was dispatched the USS Maine on a friendly mission to Cuba. American fought the war in the case of fronts such as Cuba after the declaration. In 1898, the Treaty of Paris was signed in order to ending the Spanish- American war. After the Spanish-American war, America was improved Cuba in the case of infrastructure and educational systems and United States had also decided to move from their places. In 1901, America was forced Cuba for inserting the Platt Amendment in the case of their constitution that have given the US military base. America was also kept the Island countries for ships in Cuba. This is the summary of Spanish-American war. Increasing Spanish-Cuban Tensions (19th century) Cuba had been a colony of Spain and this Spain was dependent upon sugar production. In 19th century, many people in Cuba were dissatisfied with the ruling Spanish regime. The government of Spanish was also riddled with the inefficient, corruption and unwilling for granting Cuban populations. As a result, nationalist of Cuban people wanted for ending Spanish rule for the protection of Cuban. After the war, Spanish promised reforms and but the nationalists assumed this too late. The Spanish would leave for US intervention and because of American had significant economic investment in Cuba. In 1896, the Spanish was sent the general to Cuba in order to putting down the insurrection and the general was built the camps in order to prevent the insurrectos from leading population against Spanish rule. In Cuba, the segments of US public were outraged by the reports of atrocities. In 1895, Cuban revolt included a general opposition to a long history of Spanish control. The tariff raised prices in the sugar products that were imported from Cuba in the case of protecting US sugar growers. American Imperialism (1898) The imperialist behaviour of United States was occurred in 1898 that has been a great historical attention. America had commonly claimed for standing in opposition for the practising of taking of colonies to be democracy for all. During this war, the German and British were the famous countries and those countries were not involved in Spanish- American war. This war was required the help of these two countries in the event of serious fighting. United Kingdom required for offsetting German intimidation in order to foster better relation between Britain and America. The ground troops of America were arrived in the Philippines and the US troops allied with the Filipino for fighting against Spain. This Spanish and American war proved the importance of Pacific Islands among to these countries. The Pacific cross road was used for supplying the US Navy in future operations in Pacific Islands. In 1898, Hawaii could be easily performed as a coaling station without formal annexation and because American businessmen had also controlled the Island anyway. The imperialism of American was anti-colonialism of the early republic and but conscious options dependent upon the economic motivations and that held true before 1898. This was the imperialism of United States. Treaty of Paris (1898) The Treaty of Paris was the agreement that was signed on 1898 at the end of Spanish- American war. The Treaty of Paris also indicated the concluded stage of Spanish Empire and the Pacific Ocean. The Treaty of Paris granted to United States the rights of Ownership to Guam and Puerto Rico. After the agreement, Cuba region was given to Cuban in the case of Treaty of Paris of 1989 and the Spain was considered the tremendous financial debt Cuba owed towards United States. America agreed in order to paying twenty million dollars for the Philippines according to their agreement. The Treaty of Paris was also eliminated the presence of Spanish Empire with the America and in the case of Islands of the Pacific region. The Treaty of Paris was also made several privileges to Cuba and the Cuban people were satisfied with this agreement. After the agreement, America decided to replace from Cubans place and they constructed many elements for the enhancement of Cuban people. Conclusion The

Graduation Speech :: Graduation Speech, Commencement Address

Will you be who you were meant to be, or will you be who everyone wants you to be. It is up to you to decide your destination, but it is the events along the way that shape the final outcome. As we sit here at graduation, having suffered and prospered through four years at County High School, it is hard to forget the memories we've shared. At the same time, it is easy to see how the past four years have shaped who we are today and impacted our future forever. Who can forget being a freshman: finally out of middle school, we took on the world in a school of 1,400 that was only suited for 900. We've sat in not only moldy portables but also condemned bleachers, seen rusty water, squished together in the gym to display our spirit and learned what it means to truly work hard. We took the challenge presented to us and chose to succeed in one way or another. Whether on the playing field, in the classroom, with an instrument or in the community, the launching of our high school career began our journey and began the adventure to become our destiny. And who can forget the friendships we've made along the way? Some will last a lifetime, and some will last no longer than tomorrow, but either way, it's okay because we will forever be impacted by it. As a class, we've laughed together, cried together, skipped class, failed tests, aced tests we forgot we were taking and now, we're graduating together. Whatever the event, we did it as a whole. Through all of this, there were the teachers of Arlington High School. Of the finest quality, I doubt anyone would argue they are masters of making us mad and then being our biggest ally. Remember the sodium bomb in chemistry? How about the career search, the I search and the scholarly paper in English? We are now masters at finding the slope of a line courtesy of the math department, and who hasn't had the quadratic formula engrained in their mind? All because of the teachers who have supported us through these past years. Without them, our outcome in life would be dismally different. They taught us to be who we are and proud of it at that. And now - guess what - it's up to us. We are the beholders of tomorrow, and we determine the future.

Tuite’s Literary Criticism of Lewis’ The Monk Essay -- Monk

Tuite’s Literary Criticism of Lewis’ The Monk I would like to preface this by saying that one of the things I learned from this exercise is that, just because an article exists in published form, does not necessarily mean that it is a good article. This is the conclusion I reached after plowing, dictionary in hand, through two articles that were, respectively, ridiculously elementary after one hacked through the jargon, and entirely absurd and unsupported. Disheartened, I went searching again, and this time, came up with "Cloistered Closets: Enlightenment Pornography, The Confessional State, Homosexual Persecution and The Monk," by Clara Tuite, and it is this article that I am writing about. Tuite's only fault in this article is perhaps that she tries to tackle too much. (Something else I'm discovering as I try to summarize it.) Essentially, she tries to prove the existence of visible homoerotic elements in The Monk, and their link to antiCatholicism. No small feat. She quotes Coleridge in his review of The Monk as saying, the novel blends "with an irreverent negligence, all that is most awfully true in religion with all that is most ridiculously absurd in superstition" (1). The reason this is problematic for Coleridge, according to Tuite, is that it reveals the inherent hypocrisy in the English Church, that is, that the Church condemns, with superstitious intensity, the rituals and superstitions of the Catholic Church. Coleridge fears, "Lewis' contamination of Protestantism by Catholicism" (2). Since at this time a great deal of the English State/Church depended on the assumption that Catholicism was low and wrong and Protestantism the ultimate right, the parallels draw n between Protestantism and Catholicism by Lewis were ... ...Lewis attempts, through this, to disassociate homosexuality with Catholicism, thereby trying to make a Hated Other, at least hated only once over, not twice (9). This, I thought, was an excellent article. Tuite has some very good points, which explained, at least partially, some of the questions I had as to Lewis' intentions with the homoerotic elements in the novel, which to my mind, he had included, but never really developed. Essentially, Tuite clarified for me why, though Ambrosio commits every other kind of sinful" excess, this is one he leaves untouched. And I think she proves a very valid argument. Works Cited Tuite, Clara. "Cloistered Closets: Enlightenment Pornography, The Confessional Sate, Homosexual Persecution anal The Monk." Romanticism On the Net 8 (November 1997): n. pag. Online. Internet. (4/5/98) http://users.ox.ac.uk/~scat0385/closet.html Tuite’s Literary Criticism of Lewis’ The Monk Essay -- Monk Tuite’s Literary Criticism of Lewis’ The Monk I would like to preface this by saying that one of the things I learned from this exercise is that, just because an article exists in published form, does not necessarily mean that it is a good article. This is the conclusion I reached after plowing, dictionary in hand, through two articles that were, respectively, ridiculously elementary after one hacked through the jargon, and entirely absurd and unsupported. Disheartened, I went searching again, and this time, came up with "Cloistered Closets: Enlightenment Pornography, The Confessional State, Homosexual Persecution and The Monk," by Clara Tuite, and it is this article that I am writing about. Tuite's only fault in this article is perhaps that she tries to tackle too much. (Something else I'm discovering as I try to summarize it.) Essentially, she tries to prove the existence of visible homoerotic elements in The Monk, and their link to antiCatholicism. No small feat. She quotes Coleridge in his review of The Monk as saying, the novel blends "with an irreverent negligence, all that is most awfully true in religion with all that is most ridiculously absurd in superstition" (1). The reason this is problematic for Coleridge, according to Tuite, is that it reveals the inherent hypocrisy in the English Church, that is, that the Church condemns, with superstitious intensity, the rituals and superstitions of the Catholic Church. Coleridge fears, "Lewis' contamination of Protestantism by Catholicism" (2). Since at this time a great deal of the English State/Church depended on the assumption that Catholicism was low and wrong and Protestantism the ultimate right, the parallels draw n between Protestantism and Catholicism by Lewis were ... ...Lewis attempts, through this, to disassociate homosexuality with Catholicism, thereby trying to make a Hated Other, at least hated only once over, not twice (9). This, I thought, was an excellent article. Tuite has some very good points, which explained, at least partially, some of the questions I had as to Lewis' intentions with the homoerotic elements in the novel, which to my mind, he had included, but never really developed. Essentially, Tuite clarified for me why, though Ambrosio commits every other kind of sinful" excess, this is one he leaves untouched. And I think she proves a very valid argument. Works Cited Tuite, Clara. "Cloistered Closets: Enlightenment Pornography, The Confessional Sate, Homosexual Persecution anal The Monk." Romanticism On the Net 8 (November 1997): n. pag. Online. Internet. (4/5/98) http://users.ox.ac.uk/~scat0385/closet.html

WRL media coursework, Amnesty

In June 2007 amnesty international, an organisation who have traditionally partnered the Catholic Church, changed there policy on abortion after there research in Dafur. They looked into rape and how in many countries it is being used as a weapon of war and once a tribe has defeated another tribe the women of the area would be raped as a signal of victory. After these findings amnesty who previously neutral on abortion has stated that it supports abortion in certain circumstances such as rape, incest and as a weapon of war. Over the years both the Catholic Church and amnesty have worked together on freeing political prisoners and highlighting human rights. However since amnesty changed its policy on abortion against there's they have advised all Catholics to quit there membership to amnesty. In my coursework I'll be looking at two articles on there views on the preceding and be comparing and contrasting between them. The first article is from the guardian, a paper which is well known for its liberal thinking and belief of free will. It believes the Catholic Church is wrong for banning amnesty and both starts and finishes ridiculing the Catholic's view as â€Å"nonsensical. † They also mention how out of the 1/4 million catholic members of amnesty only 222 quit and how most of these where from the clergy who may of lost there jobs if they had refused. It also mocks the catholic mentioning how â€Å"105 Catholics have even increased there donations†. To show what side the guardian is really on it talks about how 2000 Catholic schools will suffer from not being able to use amnesty's teachings. The final part of the article talks about amnesties policies and talks about there research in Darfur and the Democratic Republic of the Congo, overall the guardian makes a very convincing argument which undermines the Catholic's view. Meanwhile the Telegraph is a much more traditional paper and believes in the Catholic Church, however does not rebuff amnesty too much. The telegraph relies on statistics to present a case and uses numbers such as â€Å"2000 secondary schools† and â€Å"5000 Catholic parishes† and if the telegraph were to present a case where the numbers aren't available they would probably struggle. The article contradicts the guardian by claiming the number of Catholic's leaving Amnesty as â€Å"exodus†. However unlike the guardian admits how the splitting has made a lot of Catholic's look at there faith. The article also does not insult the Catholic's decision as the telegraph has a large catholic following which it would not want to upset. I believe each of the articles support one side, the guardian supports amnesty and the telegraph supports the Catholic Church's view. After reading both articles I believe the guardian puts up a much more convincing and uses the information carefully to make me believe it is a pointless decision for the Catholics to turn there back's on amnesty and will do them no good. I personally feel neutral about abortion, I believe that abortion is a serious decision and unnecessary abortion is wrong. However just like amnesty I believe abortion is ok if caused by rape or it may affect the women's life. This just goes to show maybe the Catholic's attack is unfounded and that there is no point in splitting of amnesty and the Catholics, as I am a catholic and like many share these views. What I have learnt from this coursework is how influential the media can be and how they can pick up a topic, twist it, put people against each other and make a profit from it. Newspapers can create evil figures and change the public's view of a character for example the way the tabloids have changed the way people think of Heather McCartney during her divorce. However everybody has there own opinions on what the Catholic Church has done and all have these opinions for different reasons. Some peoples religions change there view many Catholics will back there Church and fully support there church. Others will be altered by there upbringing and many will follow what they were brought up to believe so if they were brought up to follow amnesty they are more than likely to stick with them. Newspaper's change people's views and can create a bias between sides and if the public are constantly battered with the information it is only a matter of time before the minds change. A final factor that can change peoples view is there own good and bad experiences and if someone has a bad experience with a person, group or organisation there view of them will be altered. This may not be an issue that effects everyone, however it is a very important event for Catholic's or anyone associated with the Catholic Church, especially those who are members of Amnesty as it put there religion and personal beliefs in conflict and can cause some important personal decision to be made on there religious future. So it goes to show moral views and religious views for Catholics are not identical and issues such as this just highlight this. Finally we come to what may happen from now on and what the future paths are for the Catholic Church and amnesty. Firstly the Catholics may ignore what the church has to say on amnesty and carry on supporting both amnesty and being a catholic and in the end ant feud will be dropped. Secondly the media may carry on picking up on the story and use it as a daily article, this may result in publicity neither side wants and the whole topic becoming out of hand and both sides being made a mock of. The final option is for both amnesty and the Catholic Church to come to a compromise and to forget there one minor difference and focus on there many similarities and soon the media will get bored of the whole topic and move onto a more interesting news. As for both amnesty and the catholic church this is the result which suits them both but what happens from here is down to them and the media.