Analysis Of Usama Ibn Manqidh A Muslim Warrior And Writer...

Usama ibn Manqidh a Muslim warrior and writer who lived during 1095-1188 in Shayzar, Syria. The First Crusade happened in 1096 and the Crusaders seized Jerusalem, Usama would grow up among the Christians infiltrating the Holy Land. In the year before Usama dies, Jerusalem is recaptured by Muslim general Saladin. Usama lived during a time of great tension and dislike between Muslims and Christians, giving the reader his perspective of the invading Christians in his home land. He was also a tremendous story teller and would sometimes exaggerate details in his memoirs to make a better story, even though some details are exaggerated his insight of the Crusades is important. Usama ibn Manqidh’s perspective of the Crusades is valuable, he expresses in his memoirs the distinctions between Muslims and Christians through their cross cultural interactions that took place during the Crusades. A distinction that Usama finds among the Muslims and the Christians is their use of medicine and how they treat people. He recalls of a story of a Muslim physician treating a knight with a leg wound and a woman with a mental illness. After a few days of treatment from the Muslim doctor both patients are getting better, however a Christian doctor arrives and disregards everything that the Muslim doctor has done and begins his own treatment for the patients. His form of treatment is far more brutal he has the knights leg chopped off but then the knight bleeds to death. As for the woman he believes

The Case About Accounting Fraud At Worldcom - 1964 Words

the analysis of the case about Accounting Fraud at WorldCom Group member: Weichuan Xu Miao zhou 1. What are the pressures that lead executives and managers to cook the books? Firstly, one of the pressure is the company’s goal that was made by the top executive Ebbers. There is an economic recession and the bubble collapse which make the conditions deteriorate in 2012. He thinks that the company should focus on being the NO.1 stock on Wall street rather than the company’s really good operation situation, which is a strategic mistake. It means that the whole company might pay a close attention to the company’s good financial ratio excessively. In detail, facing the serious situation, the executives still tried to maintain the company’s†¦show more content†¦Due to the difficulties to find a company like WorldCom to make such a benefits for their family, they will choose to survive and undertake the burden from the surrounding. 2. What is the boundary between earnings smoothing or earnings management and fraudulent reporting? The earnings smoothing is for management who try to maximize the wealth of company and reduce the risk of the firm. It can also improve the value of company and reduce the tax in order to make the financial statement more reliable. Management can keep an illusion of consistent increasing, borrow money from next quarter, and load up expense to reduce the variance of periodic profit to some extent allowed by accounting principles. The management can use of accounting techniques to make positive picture of company represented by financial reports. It can keep the investment from investors and shareholders because they prefer to paid the higher price of stock only when there’s a stable increase in the earnings. On the other side, fraudulent reporting is about the deliberate action for issuing a misleading financial statements. The purpose is to conceal the real performance and negative picture of business. However, the management is intention to conceal the actual performance of the company regardless the legal and legitimate practices by its financial statements. WorldCom’s action is a fraudulent reporting rather than earning smoothing. It saidShow MoreRelatedAccounting Scandal of Worldcom940 Words   |  4 PagesMANAGERIAL ACCOUNTING WORLDCOM How did it cook the books? Nguyen Bao Khanh Student ID: FB60162 Class: FB0662 May 19th, 2012 APENDIX 1. WorldCom’s accounting scandal 2. How did WORLDCOM cook its books? 3. Conclusion WORLDCOM headquarter in Virginia, USA. WORLDCOM’S ACCOUNTING SCANDAL WorldCom, established in 1983, whose CEO was Bernard Ebbers, was the second largest long distance phone company in the US after ATT. It could be seen as a pride of America until it got into oneRead MoreWorldcom Failure1198 Words   |  5 PagesWorldCom Failure in relation to its Organizational Behavior LDR/531 - Organizational Leadership October 7, 2010 WorldCom Failure in relation to its Organizational Behavior INTRODUCTION Year 2002 saw an unprecedented number of corporate scandals: Enron, Tyco, Global Crossing, etc. In many ways, WorldCom is just another case of failed corporate governance, accounting abuses, and outright greed. Many people may question if there is a secret to operating a successful business in modern times.Read MoreA Case Of Accounting Fraud1555 Words   |  7 Pagesmajor case of accounting fraud driven by the desire to build and protect one’s personal financial condition is the WorldCom debacle. Bernie Ebbers had to show continually growing net worth in order to avoid margin calls on his own WorldCom stock that he had pledged to secure loans. When WorldCom, the telecommunications giant, failed and was put into bankruptcy, the U.S. witnessed the largest accounting frauds in history. Former CEO, Bernie Ebbers, was convicted of orchestrating this accounting fraudRead MoreDo Big Companies Take So Much From Each Other?1328 Words   |  6 Pagessubsidiary of Verizon Communications. In the article World-Class Scandal At WorldCom by David Hancock he discusses how â€Å"The corporation was formed as a result of the fusion of WorldCom and MCI Communications corporations, and used the name MCI WorldCom for a while and was succeeded by the WorldCom Company, before changing its name on April 12, 2003, as part of the corporation s ending of their bankruptcy status.† WorldCom Inc. began as a small Mississippi telephone service provider of long distanceRead MoreWhy Do Big Companies Take So Much From Each Other?1330 Words   |  6 Pagessubsidiary of Verizon Communications. In the article World-Class Scandal At WorldCom by David Hancock he discusses how â€Å"The corporation was formed as a result of the fusion of WorldCom and MCI Communications corporations, and used the name MCI WorldCom for a while and was succeeded by the WorldCom Company, before changing its name on April 12, 2003, as part of the corporation s ending of their bankruptcy status.† WorldCom Inc. began as a small Mississippi telephone service provider of longRead MoreRelationship Between Andersen And Worldcom Essay1005 Words   |  5 PagesRelationship between Andersen and WorldCom Andersen was WorldCom’s external auditor from 1990 to 2002. They has shared a good relationship since the time Andersen was found. After MCI had been acquired by WorldCom, Andersen got the position to audit MCI at the cost that WorldCom offered Andersen less amount of auditing service fee than other accounting firms. (ACC guest speaker series presents David Myers.(2009).[Video/DVD] Baylor University). But according to the size of WorldCom, such amount of money couldRead MoreWorldcom Case1078 Words   |  5 Pages3) Roots of the scandal The roots of the fraud and the role of internal auditors As explained above, the fraud was implemented by the former CEO Bernard Ebbers and commited by his financial director Scott D. Sullivan. The technique used by Worldcom was pretty simple; indeed, he cooked the books by saving pure operating expenses such as maintenance network in capital expenditure instead of expenses in order to hide its decreasing earnings and to maintain the price of Worldcom’s stock. In summaryRead MoreBernard Ebbers And The Grand Success Of Worldcom1608 Words   |  7 Pagesco-founder of WorldCom. WorldCom was the second largest long distance phone company in the United States now known as MCI, because of the tremendous scandal that led to the company’s bankruptcy (Crawford, 2005). With the grand success of WorldCom, Bernard Ebbers became one of the most powerful American businessman ever to face a criminal trial. In 2005, Ebbers was found guilty of securities fraud, conspiracy, and filing false documents with regulators. With the fraud committe d to WorldCom, it led toRead MoreIndustry Specific Changes. The Telecommunications Industry1697 Words   |  7 Pagesproposals are approved on a case-by-case basis (Litan Noll 2004). During the 90s boom, Ebbers and LDDS Communications successfully expands through various acquisitions. By the time the 1996 Telecommunications Act is enacted, competition in the telecommunications industry soared. After the successful acquisitions of MFS Communications and UUNet Technologies, the newly formed WorldCom offers long distance, data communication, and local services. In 1997, WorldCom successfully acquires MCI CommunicationRead MoreLost insurance benefits as well as retirement benefits tied to WorldCom stock. Shareholders, which1200 Words   |  5 Pagesas well as retirement benefits tied to WorldCom stock. Shareholders, which included many pension funds, lost billions of dollars. The California public-employee’s retirement system, the largest state pension fund in the country, sued in an attempt to regain some of the $580 million it lost in the WorldCom debacle (Ripley 6). The telecommunications industry suffered as well. Industry companies were competing against WorldCom under false pretenses. WorldCom was fraudulently stating its financials

Arbenzs Land Reform and Social Culture in Guatemala free essay sample

This paper examines the impact on Guatemalas social culture of the Arbenz land reform. The following paper discusses the three major effects that land reform had on Guatemalan social culture. Questions such as: What groups, exactly, benefited from the reforms? What groups opposed them? What do the resulting conflicts over land reform reveal about the already existing character of Guatemalan society, and how that society partly transformed itself during the era before the `Liberation` by U.S. backed forces. From the paper: `First, by redistributing land to, and encouraging greater political participation by, sectors of the Guatemalan population that had been harshly controlled and repressed for centuries, it awakened hope. Second, it brought to the fore many already simmering conflicts between different ethnic groups, classes and institutions in the countryside. Third, it invited a fanatical anti-Communist reaction by the landowners and the military that continues to shape Guatemala to the present day. We will write a custom essay sample on Arbenzs Land Reform and Social Culture in Guatemala or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page `

women and shopping Essay Example

women and shopping Essay There has always been a lot of interest in what actually goes on at an Ann Summers Party. Particularly by men I wonder why? Well, its really no big secret. You organise for a bunch of women to be sitting comfortably in a friends home, with a glass of wine in one hand and a bowl of nibbles in the other, and you go out of your way to make sure that all these women have a good girly night in! My parties usually last about two to two and a half hours long, Brilliant for a Friday or Saturday night because you have your party booked to start at around 8pm and by 10.30pm you and all your mates are in the pub or the nightclub having already had a few drinks and well in the mood for a good night out! Well contrary to popular belief, your Ann Summers Party Organiser is not there to make complete fools out of you all (although the odd faked orgasm doesnt go amiss). Our aim is to entertain you and give you the option to look at and purchase items that you wouldnt normally browse in a shop for . We will usually start off with introductions, and run through all the things you need to know about payments; delivery dates; guarantees etc, and then we will loosen things up with a couple of party games. How risqu the games are is entirely up to the guests at the party, you can choose whether to be completely mad and make fools out of your friends or just to have a bit of a giggle, there is something for everyone! After the games we will start with the demonstration. This usually takes about an hour and you will be shown a selection of underwear, novelties, and sex toys! After the demonstration your organiser will encourage you to try on items of lingerie that you like, and will be on hand for you to approach with any questions you may have about the products. There will usually be a raffle during the evening where you will get the chance to win Ann Summ

Scarlet Letter free essay sample

Short Answer 1. Anne Bradstreet uses birds as a metaphor for her children. She goes on to say, â€Å"Four Cocks were there, and Hens the rest. † This means that four were boys and the others were girls. She also says, â€Å"Till at the last they felt their wing, Mounted the Trees and learned to sing. † This meant that the children eventually grew up and went on to conquer the challenge of adult hood. 2. The destinies of the eight children were: (1) The first one left to see the world. (2) The second one found a husband and left home with him. 3) The third one also found a mate and lives where the Aurora first appears (maybe a beach or some type of coast). (4) The fourth one went off to â€Å"The Academy†. (5) The fifth is spending some time away from his mother trying to find his independence. (6, 7, and 8) The last three are still with their mother. We will write a custom essay sample on Scarlet Letter or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 3. The tone is somewhat sad because she misses her first five children. She says, â€Å"If birds could weep, then would my tears†¦Ã¢â‚¬  showing that she has a sense of sorrow towards her children leaving. She goes on to say, â€Å"Farewell, my birds, farewell, adieu, I happy am, if well with you. This line shows that even through her pain, she is slowly learning to let go. 4. She wishes that they tell their children about how much they love her. 5. Bradstreet states, â€Å"And fore she once would let you fly,  She shewd you joy and misery,  Taught what was good, and what was ill,  What would save life, and what would kill. Thus gone, amongst you I may live,  And dead, yet speak and counsel give. Farewell, my birds, farewell, adieu,  I happy am, if well with you. † She basically said that before they left home there was â€Å"joy and misery† and they were taught right from wrong. She also said that they were taught how to live and what to do to avoid death. Lastly, she says that if they are happy, then she is happy as well. Part II: Creative Writing The Extra Weight Hester Prynne is a lion, Majestic, with her coat as golden as the gates in Heaven But because of the extra weight of the Scarlet Letter, She has been made lame. Her reputation as one of the beautiful in all the pride, Has been tarnished because of the Extra Weight. When brought on trial before the King Leo, All of the Pride roared and spat their rudeness, All in hopes to bring her down. The King began to explain her punishment, â€Å"Even though your mate’s whereabouts are unknown, That’s no excuse to commit a heavy sin. The usual punishment would be death, But because I know this not be of your character, I have something instead in mind. For the sake of your soon-to-be cub Pearl, I sentence you to Extra Weight. Carry this ‘A’ upon your breast, For everyone to know the sins you have committed. † For now the Majestic lion has carried the weight, and the weight has become as light as a feather. And though everyone has forgotten her sins, The weight of the ‘A’ will always be remembered. Fin. Scarlet Letter free essay sample In the extraordinary novel The Scarlet Letter, written by Nathaniel Hawthorne, is a very unusual main character named Pearl. At the beginning of the novel, she is just an innocent infant who is abhorred by all the townspeople because of the sin her mother, Hester Prynne, committed before Pearl was born. In this novel, Pearl is a static character and living symbol of sin. In the beginning, the reader is introduced to Pearl as the infant â€Å"whose innocent life had sprung a lovely and immortal flower, out of the rank and luxurious of a guilty passion† (59). Hawthorne describes Pearl as an impeccant infant who is brought to the world without knowing she is a symbol of sin. â€Å"God, as a direct consequence of the sin had given her [Hester Prynne] a lovely child† (59). Pearl is Hester’s living representation of the exquisite scarlet letter that Hester has to wear on her bosom for the sin she committed. We will write a custom essay sample on Scarlet Letter or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Pearl is a gift sent to Hester from God, but Pearl was not sent with the normal qualities kids generally contain. â€Å"Hester could not help questioning at such moments whether Pearl was a human child† (61). Pearl surprises her mother with all the aberrant actions she does at the beginning of the novel. At the governor’s hall Pearl is introduced to Governor Bellingham. Bellingham asks Pearl who made her and she replies that she was not made at all but plucked off the bush of wild roses. This answer astonishes the governor and even Hester because the real answer is that she was created by God. The governor is concerned Pearl is not learning what a child must know at her age. As she gets a few years older, Pearl shows no development as a character. She is still a peculiar little girl. â€Å"Pearl was a born outcast of the infantile world† (62). Children give Pearl dirty looks and talk about her constantly. The kids know the story of Pearl and choose not to play with her. Pearl did not seem to mind; she stood up for herself when the kids wanted to pick on her. Most children at a very young age get scared and distressed, but Pearl is the complete opposite. She is not use to meeting new people or socializing with anyone either. Pearl is a ceaseless reminder of Hester’s sin which was committed with Arthur Dimmesdale. Pearl points constantly at her mother’s letter frequently which makes Hester keep remembering she has done wrong. It is almost as if Pearl is a tool created to torture Hester for what she has done. In chapter twelve, Hester and Pearl are walking home from a governor’s funeral and they see Dimmesdale standing on the scaffold. They slowly approach and Dimmesdale tells them to stand with him and they do. â€Å"’Wilt thou stand here with mother and me, to-morrow noontide? ’ inquired Pearl† (102). Strange as it may seem, Pear has been starting to make connections with Hester and Dimmesdale. This makes Pearl to be a very curious little one because most kids would have never made any assumption between those two adults. She knows Dimmesdale has to be standing on the scaffold for a certain reason which she seems to capture. Scarlet Letter free essay sample The Scarlet Letter There are many forms to degrade a person, some are deep wounds that can leave an imprint forever, and some go through one ear and out the other. There have been many occasions where ones life is played upon, where the only solution is death. But there are two of those imprints I want to focus on; revenge and hatred and how these two abhorrent features can destroy a person physically and spiritually. Revenge is defined as to inflict punishment in return for injury or insult. In Nathaniel Hawthornes novel, The Scarlet Letter, we find that two characters exemplify this theme. Roger Chillingworth and Reverend Arthur Dimmesdale have an extensive conflict that portrays an example for us. The clergymans shy and sensitive reserve had balked this scheme. Roger Chillingworth, however, was inclined to be hardly, if at all, less satisfied with the aspects of affairs, which Providence- using the avenger and his victim for its own purposes, and, perchance, pardoning where it seemed most to punish- had substituted for is black devices. We will write a custom essay sample on Scarlet Letter or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page In this quote from the book, it states that Roger Chillingworth, being the doctor of Dimmesdale, will use his medications against him. Chillingworth suspects of Dimmesdale committing a great sin that involves his wife Hester Prynne. Calm, gentle, passionless, as he appeared, there was yet, we fear, a quiet depth of malice, hitherto latent, but active now, in this unfortunate old man, which led him to imagine a more intimate revenge than any mortal had even wreaked upon an enemy. To make himself the one trusted friend, to whom should be confided all the fear, the remorse, the agony, the ineffectual repentance, the backward rush of sinful thoughts, expelled in vain! Chillingworth is taking advantage of being Dimmesdale so called friend, so he gets him to confess this reat sin that he is being suspected upon. He will be asking questions that will provoke Dimmesdale or rather make him think in such a way that he will express it physically. The reason why Dimmesdale seems to be sick is because of the secret sin he keeps inside, its destroying him. Making him weak, pale, rather old, and putting him in a position where he believes that medicine will cure it. Dimmesdale being the preacher of the town will have a great spiritual agony that will haunt him through this life and the next, making this the spiritual sickness that will not leave unless he confesses. And the cause of this all would be Chillingworth. Hatred can destroy victim or attacker, being an intense dislike, extreme aversion or hostility. All of these aspects, Chillingworth was putting upon Dimmesdale, slowly making him pay for the sin. In a word, old Roger Chillingworth was a striking evidence of a mans faculty of transforming himself into a devil, if he will only, for a reasonable space of time, undertake a devils office. He was going through stages of hatred that transformed him into something that he didnt foresee. Chillingworth was turning into a devil within a blink of an eye. Hester said to Chillingworth while talking to him about Dimmesdale, Since that day, no man is so near him as you. You tread behind his every footstep. You are beside him, sleeping and waking. You search his thoughts. You burrow and rankle in his heart! Your clutch is on his life, and you cause him to Chillingworth is like a dark shadow haunting Dimmesdale every mille-second of the day, and Dimmesdale not knowing what Chillingworths real intensions are. In this case, hatred was destroying both Chillingworth and Dimmesdale, one turning into a devil and the other being tortured and pressured. With this I come to a conclusion that revenge, hatred, and a person, dont mix well. Just like oil and water. Think about having the conscience follow you throughout your life, that with a simple act of these implements you completely destroyed a person into pieces. It degrades him or her, self-esteem drops down to a low level, but most importantly you can put that person into a place where death is the only answer to escape. A rattlesnake, if cornered will become so angry it will bite itself. That is exactly what the harboring of hate and resentment against others is a biting of oneself. We think we are harming others in holding these spites and hates, but the deeper harm is to ourselves. †E. Stanley Jones

How to Perform a Dissertation Literature Review

How to Perform a Dissertation Literature Review The In-Depth Guide of a Dissertation Literature Review When you have such a complex academic assignment as a dissertation literature review, first make sure you are ready to follow all the instructions and guides to prepare a perfect dissertation paper. A literature review provides a critical examination of all the sources used, which are related to your dissertation topic. In order to provide a proper dissertation paper, there should be an impressive list of sources and their detailed description. There are numerous definitions of a literature review and the ways in which it is supposed to be written. At the same time, a proper literature review is a kind of detailed summary of the used important sources. A literature review requires an explanation of the sources, their importance for a research project and the way a writer interpret the information gathered in listed sources. Since a literature review is more than just a simple summary, it reveals the main arguments found in the mentioned sources and the expectations about the used materials. A writer can use information collected in mentioned sources to provide a new perspective on a classic research paper or use its old interpretations. A literature review brings needed information and opinions related to the materials and their importance for a certain research project. A literature review is an attempt to summarize and provide a critical analysis of the research arguments found in the analyzed sources. There are many differences between an academic paper and a literature review since a review is just a part of an object of a research paper. The literature review in a research paper remains a basis of the entire research since offers primary materials and data needed for further analyses. In a literature review, you summarize and provide a critical analysis of the research arguments found in the checked sources. The Importance of a Literature Review A literature review is an attempt to summarize and provide a critical analysis of the research arguments found in the analyzed sources. A literature review brings needed information and opinions related to the materials and their importance for a certain research project. It is an essential part of every dissertation paper and its basis, in fact. A writer can use information collected in sources to provide a new perspective on a classic research paper or use its old interpretations. It helps to make the entire research really purposeful and aimed at proving or ruining an existed theories in a certain field of science. How to Perform a Dissertation Literature Review If you want to prepare a proper dissertation literature review, it is important to deal first with the definition of a literature review and its main characteristics. Further, you must identify your sources, read them carefully, and re-read in order to get all the needed arguments and information. You also need to analyze all the gathered materials, distinguish what results they reveal, and what results are missing. After such a brainstorming stage, you can start performing your dissertation literature review. Identify Sources This is the exact stage where you select proper sources to use in your dissertation paper. This is a very important part of your work, thus be careful to choose only those sources, which are reliable and related to your chosen dissertation’s topic. List parameters and characteristics of the needed materials to select sources properly. Moreover, you need to take into account the required methodology and type of studies, whether quantitative or qualitative. A literature review provides a critical examination of all the sources used, which are related to your dissertation topic. In order to provide a proper dissertation paper, there should be an impressive list of sources and their detailed description. When you first deal with your sources, do not forget to organize them properly according to the assigned formatting style. It will greatly save you a time needed further for a paper performing process. You can use advanced modern tools and applications to organize your sources properly. Read Your Sources Once organizing your sources properly and dealing with formatting style, it is time to read and re-read all the sources in order to find the needed important data and research results. It is important to get the main point of the materials and the main arguments. You need to show your critical thinking since a literature review is a critical analysis of sources. Reveal your academic opinion, main hypothesis, arguments, etc. Analyze Sources and Consider Gaps in the Research One of the main processes within a literature review preparation is the identification of the research gaps. You need to learn carefully all the gathered material, distinguish what results they reveal, and what results are missed. After such a brainstorming stage, you can start performing your dissertation literature review. You can look through sources checking what possible missed gaps you can fulfill with your personal research project results. Therefore, identification of the research gaps is important for your dissertation paper performing and its top goals and research approaches. Surely, it can be difficult to identify research gaps, but it is crucial for a proper research questions formulation. Therefore, there are a few ways to identify research gaps:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Start by reading. This is the simplest approach, which allows checking all the materials carefully and listing the main achieved results and research gaps. You can use advanced online tools like Google Scholars to have a quick look and check the analyzed sources fast.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Recommendations and abstracts. Reading an abstract helps to get the main sense of the provided material and distinguish the lacking parts and arguments. The quick examination of the sources can be very beneficial for finding the research gaps. The introduction and conclusions’ paragraphs can be as much informative as an abstract. Performing a Literature Review You can start writing a review once dealing with the identification of the gaps and the main research questions planning. Follow the next pointers to prepare a review: Use samples of literature reviews. You can use various samples of the dissertation literature reviews to deal with this essential part of the paper. Use simple and clear language. You need to keep everything simple in order to write a perfect literature review. There is no need for excessive information, just put clear and concise explanations and descriptions. Use only current sources. When preparing literature reviews, make sure to deal with reliable and current sources since you demonstrate a modern point of view. The current sources bring additional information and explanations, thus using them is crucial for an entire research project. Organize your work properly. When you first deal with your sources, do not forget to organize them properly according to the assigned formatting style. If will greatly save you a time needed further for a paper performing process if you start a paper’s formatting from the very first written sentences. You can use advanced modern tools and applications to organize your sources properly. When organizing a literature review, focus on the proper structure of a dissertation literature review and its core elements, like body paragraphs and conclusions. The literature review consists of the main elements of every academic paper, including introduction, body paragraphs, and conclusions. When performing a review, make sure to provide a strong introduction. Additionally, make it short and focused. Provide the informative paragraphs of the body. A literature review provides a critical examination of all the sources used, which are related to your dissertation topic. In order to provide a proper dissertation paper, there should be an impressive list of sources and their detailed description. When preparing paragraphs of the body, put an in-depth discussion into the body paragraphs. Choose how to organize your body part elements properly according to the theme, methodology, or even to chronological order. Write practical conclusions. To provide a proper dissertation paper’s conclusions, learn carefully the provided list of sources and their detailed description. Organize them properly according to the assigned formatting style. When writing the final words of your dissertation literature reviews, make sure to include a summary of the literature implications, and link them to your arguments. A literature review is a short summary of the literature sources used, which requires an explanation of the sources, their importance for a research project and the way the writers interpret the information gathered in listed sources. Since a literature review is more than just a simple summary, it reveals the main arguments found in the mentioned sources and the expectations about the used materials. A literature review brings needed information and opinions related to the materials and their importance for a certain research project. Moreover, a literature review is an attempt to summarize and provide a critical analysis of the research arguments found in the analyzed sources. Use the following tips and guides on writing a perfect dissertation literature review:   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Provide gathered information about the writer’s opinion and never simply describe them.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Use various techniques to structure the body of your literature review.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Use strong argumentation and evidence.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Be quite selective when checking sources.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Do not use too many direct quotes.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Provide your own opinion and an objective point of view.   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   Check a review a few times before submitting to deliver flawless and original work.

Company Director Essay Example | Topics and Well Written Essays - 2000 words

Company Director - Essay Example Normally, the directors of a company are not required to own any of its shares. Economists have analysed the problems, which may arise when the people managing a business do not own all of it. Managers in this position are believed to manage the business less efficiently than if they did own it.1 In broad terms the duties can be distilled into three propositions: Firstly, directors are under a duty to act bona fide in the interests of the company. Secondly, to exercise their powers under company's constitution for the proper purpose. Finally, to avoid conflict of interests and to profit from their position. For the first time, however, all the duties owed by directors to their company have been set out in statute, in Part 10 (ss.170-177) of the CA 2006. Section 171 of Companies Act 2006 states that duty to act within powers. A director of a company must (a) act in accordance with the company's constitution, and (b) only exercise powers for the purposes for which they are conferred. The constitution of the company is one or more documents setting out the rules by which the company is to be operated. While the constitution is subject to the Act, it sets out what powers directors have and how they are to exercise them. Directors must abide by these rules. If this power is given for one purpose, they cannot exercise it for a different proper purpose, even if they think that to do so would be in the best interests of the company.2 In Re Smith & Fawcett Ltd Lord Greene MR went to add that Directors must not exercise their powers for any "collateral purpose". This is called the proper purpose doctrine. The facts of Extrasure Travel Insurances Ltd v Cohen3, afford a clear illustration of a power being exercised for an improper purpose. More generally, however, the issue of whether Directors have used a power for a proper purpose arises in relation to their authority to issue shares. If shares are allotted in exchange for cash where the company is in need of additional capital the duty will not be broken. But where Directors issue shares in order to dilute the voting rights of an existing majority shareholder because he or she is blocking a resolution supporting, for example a takeover bid, then the duty will be breached. The Privy Council in Howard Smith Ltd v Ampol Petroleum Ltd4 subjected the content of the duty to through scrutiny. The Directors allotted shares to a company, which had made a takeover bid. The effect of the shares was to reduce the majority holding of two other shareholders who had made a rival bid from 55 to 36 percent. The two shareholders sought declaration that the share allotment was invalid as being an improper exercise of power. The court held that it must be unconstitutional for Directors to use their fiduciary powers over the shares in the company purely for the purpose of destroying an existing majority, or creating a new majority, which did not previously exist. Section 172 of Companies Act 2006 introduces significant change in common law. This Act states that duty to promote the success of the company. Section 172(1) a director of a company must act

Epistemology of Jean Piaget Essay Example | Topics and Well Written Essays - 1250 words

Epistemology of Jean Piaget - Essay Example Piaget proposes that there are three types of knowledge: physical, social, and logical mathematical. According to Piaget, "Intelligence is an adaptationTo say that intelligence is a particular instance of biological adaptation is thus to suppose that it is essentially an organization and that its function is to structure the universe just as the organism structures its immediate environment". "Piaget also called his view constructivism, because he firmly believed that knowledge acquisition is a process of continuous self-construction. That is, Knowledge is not out there, external to the child and waiting to be discovered. But neither is it wholly performed within the child, ready to emerge as the child develops with the world surrounding her...Piaget believed that children actively approach their environments and acquire knowledge through their actions". Piaget declared that he is neither an innatist nor an empiricist. He believes that we always interpret according to our own structu re. Innatists believe that every individual is born with preexisting ideas present in the mind. Empiricists, on the other hand, believe that experience, especially of the senses, are the only sources of knowledge. Piaget argues that for empiricists, knowledge is a copy of objects. But actually, knowledge is always an assimilation or interpretation. In drawing a geometrical shape, the child does not draw what he sees, rather, he draws his idea of it - he draws what he knows of it. To look at it a clearer perspective, the child actually draws his interpretation of the object, and not the exact object itself. Asking a child to draw a diamond shape, showing the child a model of that shape, would give the child an idea of what you want him to do. He may see the diamond shape as a square with some points on it, so he may draw a square with a point in it or with a point beside it. In the light that Piaget believes knowledge is primarily operative, he points out that children who are in the concrete operations stage (seven to eleven years old), and in the formal operations stage (twelve years old and up) constructs their perception of the world through the cognitive development which results from the child's interaction with the environment. The interiorisation of this interaction then forms internal models of reality or "operational structures" which forms the basis of perception upon which the child acts. In the seriation demonstration, four children were asked to arrange a set of rods in order of length. Barbara is 3.5 years old, Renaud is 4 years old, Matthieu, 6.5 years old, and Catherine who is 9 years old. Among the four children, Catherine mastered the seriation structure as she can comprehend the processes of relating, corresponding, ordinal estimation, measurement, and classification. Catherine is at the age wherein she has mastered the nature of coordination. Barbara, on the other hand, being the youngest in the group, at 3.5 years old, she in the stage wherein she is motivated by biological and social impulses, also she has no sense of obligation to rules. She is the one with the poorest seriation structure among the group. Renaud is a few months older than Barbara, and similar results are expected from him regarding the seriation process, but better, as he is more

The Sundale Club Essay Example | Topics and Well Written Essays - 500 words

The Sundale Club - Essay Example 1. Appoint a successor for Watis, who will be in a more willing position to intervene. Obviously, Watis does not want to intervene or solve conflicts anymore. A successor at this point will give the organization direction. 6. Structural: Tasks-Employees pay more attention to cutting costs rather than enhancing customer service. Information flow-Information flows two ways. Both employees and managers set the goals together. Managers can detect trouble spots faster. Rules-Higher than normal standards are set in management by objectives. 7. Psychosocial: Human resources-Higher standards are set for performance evaluation. Attitudes-Many feel that management by objectives is unfair. Perception and motivation-In the first year, the goals are still perceived as being attainable and are attained. Not so in the following years though. 1. Incorporate other goals into management by objectives that might affect financial results, such as customer service. The various departments should have set customer service as one of the objectives if they feel that it is important. 2. Use a different goal setting tool and performance evaluation tool, such as the balance scorecard that incorporates all aspects of performance.

Issue of Certainty in a Contract

Issue of Certainty in a Contract â€Å"The cases provide many examples of judicial awareness of the danger that too strict an application of the requirement of certainty could result in the striking down of agreements intended by businessmen to have binding force† – Treitel. Critically evaluate this statement in light of case law and consider in your answer whether the extent to which the parties have acted on an agreement influences the judges. Introduction In looking to critically evaluate the above statement in view of the case law that has been decided in this area, so as to also be able to consider the extent to which parties have acted on a business agreement serves to influence any judge, this essay will first look to consider the importance of certainty in agreements by recognising the significance where there is a lack thereof. Then, this essay will also look to reflect upon how a contract is generally formed and as to how the issue of certainty relates specifically to a contract’s formation in this regard for when it is said to come into being. Following on from this, this essay will look to determine the issues that a court will look to consider in evaluating as to whether a particular agreement before them is sufficiently certain to be considered a legally binding contract, whilst also looking to consider the extent to which the parties have acted on an agreement serves to influence the judges in coming to their decisi ons in relation to these matters, before finally looking to conclude with a summary of the key points that have been derived from an understanding of this discussion. The significance of certainty On this basis, to begin with it must be appreciated that the issue of certainty in any business agreement is generally considered to be paramount to the formation of a formal contract because it has been a long-held maxim of the law that that which is certain is that which can be made so leading to a binding contract being formed that is enforceable by the courts[1]. Consequently, a lack of certainty increases the costs of disputes because the ability to avoid, manage and/or resolve any dispute early, and on a reasonable commercial basis, is clearly negated where there is a lack of accurate documentation, whilst the lack of certainty also serves to create risks for those involved where there is a lack of a formally recognised agreement in place. Therefore, by way of illustration, it was recognised in Montreal Gas Company v. Vasey[2] that where the company in question made a contract with the other party to this case with the promise that, if it was ‘satisfied’ with them as a customer, the company would then look ‘favourably’ on an application for renewal of their contract with them, this was not considered sufficiently certain to create a legal obligation because of the indefinite or unsettled nature of such a term. Nevertheless, it is also important to appreciate a transaction that may otherwise be considered to have left some essential term of their agreement undetermined may provide some method of determination other than what is considered to be a future agreement. The formation of a contract – Where do the problems lie? Ostensibly, it is commonly understood that a contract is effectively formed where there is an offer, consideration and acceptance that is sufficiently certain so that it is then for the courts to determine whether the required elements are present in any business arrangement[3]. This is because the offer refers to a proposal that is expressed orally or in writing from one party (the ‘offeror’) to another (the ‘offeree’) to do or give something for remuneration with a view to forming an agreement that is usually legally binding on the basis of the conduct the parties. Such a view arises from the fact it was recognised in Adams v. Lindsell[4] the rules in relation to the recognition of a valid offer states that thus will be so where it is (a) made to definite person, class, or the world; (b) it is effectively communicated; and (c) it reaches the offeree. Then, with regards to the element of consideration required, this consists of a â€Å"right, interest, pro fit or benefit accruing to one party, or some forbearance, detriment, loss, or responsibility given, suffered or undertaken by the other†, in keeping with the decision in Currie v. Misa[5], that must be legal, not past, and move from the promisee to the promisor[6]. However, the problem with certainty in business agreements arguably arises most commonly in relation to the issue of acceptance of an offer to formalise the agreement between the parties in the prescribed manner. This is because it was recognised in Hyde v. Wrench[7] that the offeree must accept the offer made by the offeror unequivocally without qualification in words or through conduct in conformation with the indicated or prescribed terms of the offer. But then, in the decision in Chillingworth v. Esche[8], it was effectively understood that it is possible to have an acceptance of terms that are ‘subject to contract’ where the parties will only be bound by a formal contract. Moreover, where the terms of an offer are not accepted by the offeree without alteration, then it could be argued that negotiations will continue because anything that the offeree then proposes may be considered to be a counter-offer so that the positions of the respective parties change (i.e. off eror becomes offeree and vice versa). Therefore, this effectively means that there is only likely to be an agreement on terms that are substantially different from those originally put forward by the parties in such circumstances[9]. Buying and selling More specifically, where there is an unequivocal desire to buy and sell, but a lack of certainty as to terms of the agreement, the courts will look to consider the nature of the transaction for themselves that may be determined by the standard of reasonableness (i.e. what is considered reasonable) in the specific circumstances of the case. Such a view is effectively illustrated by the examples of the decisions in Brown v. Gould[10], where what was considered the ‘market value’ of the goods was determined by the courts, and Didymi Corporation v. Atlantic Lines Navigation Company Ltd[11], where the idea that an agreement regarding a hire was to be ‘equitably decreased’ was also determined by the courts. But, in the case of price of goods and services in such cases, this has largely been governed by section 8 of the Sale of Goods Act 1979[12] which effectively means that the courts are able to allow actions for the recovery of reasonable sums of the value of t he goods or services in question[13] so long as the contract itself is silent as to the issue of price[14]. Therefore, by way of illustration, in May Butcher v. The King[15] when the supplicants agreed to purchase all of the Crown’s old tentage for a price â€Å"agreed upon †¦ as the quantities of the said old tentage become available and are offered to the purchasers† it was held there was no concluded contract because the price would be agreed subsequently for the transference of the goods in question. The influence of parties to an agreement upon the courts However, more generally, the function of any court is to put a fair construction on what the parties have said and done because Lord Wright in Hillas Co v. Arcos Ltd[16] said â€Å"Business men often record the most important agreements in crude and summary fashion†, that are â€Å"far from complete or precise† to those unfamiliar so that it is arguable that the parties to such agreements may be considered to have some influence over the approach that the courts may take in such cases. On this basis, this means that it is â€Å"the duty of the court to construe such documents fairly and broadly†[17] because the courts need to be satisfied that parties to an agreement have concluded a contract, whilst also still considering what has been said and done in its context, the relative importance of the unsettled matter and whether the parties have provided machinery within the terms of their agreement for settling any dispute. By way of further illustration, in the decision in Hillas Co v. Arcos Ltd[18] the court decided that the terms of the contract in this case were based on previous transactions (the original contract) between the parties and the custom of the timber trade because it was determined that in view of their previous agreements there was still sufficient intention to be bound in the future. Therefore, with this in mind, in view of the influence of the parties in acting on the same basis as under their previous transaction, clearly, in such circumstances it will be extremely difficult for the courts to say that a â€Å"contract is void for vagueness or uncertainty†, where it has been either or wholly or partially performed, since this serves to make it easier to imply a term into an agreement to resolve such problems[19]. However, as well as the influence acceded to the parties to agreements by the courts, it is also important to appreciate that a court will not commonly allow a contract to fail for uncertainty more generally if the contract also provides the means to acquire the level of certainty required for the particular contract. For example, in cases including Foley v. Classique Coaches Ltd[20], it was recognised that if the contract in question provides parties are to agree a price or quantities for delivery, but also contains an arbitration clause in this regard, the courts will imply a reasonable price will be paid where there is otherwise default on the part of the parties to the agreement determined by arbitration so that parties to the agreement still retain a level of influence even where they are in dispute. Moreover, matters in this regard may actually only be further complicated by the fact that parties in business often act on their informal agreements – even their version of events – pending the formalising of their agreement into a contract[21]. Then, where a contract is formalised, the courts may allow this contract to take on a retrospective effect to cover the work done during the period when the parties were working on the basis of an informal agreement[22]. But where there is no formalisation of an agreement between parties, work that is done, or goods that are delivered, under a letter of intent may lead to a restitutionary obligation to pay a reasionable sum by way of remuneration for this[23] so that the parties actions continue to have an effect on any decision that is reached. The problem with documentation In spite of the influence of the parties themselves on the decisions reached by the courts, however, in looking to consider how the courts deal with the issue of certainty (or lack thereof) in business contracts, it is important to appreciate that matters are also complicated somewhat by the use of other documents in the build up to the recognition of a formal agreement. Such a view is effectively illustrated by the use of letters of intent in the construction industry with a view to formalising a contract at a later date. This is because whilst, in the past, in decisions including British Steel Corporation v. Cleveland Engineering Co[24], such a document may have been considered akin to a conditional contract by the courts since it is effectively looked upon as a sign that one party is likely to want to contract with another, in Regalian Properties Plc v. London Dockland Development Corporation[25] there was an unsuccessful action for reimbursement of expenses incurred by a property developer regarding preparatory work regarding a contract that also never materialised in spite of the presence of a letter of intent since it is a matter of interpretation. Consequently, it is important to appreciate that the courts have become prone to taking a differing view from case to casxe because they do not consider cases decided in this area to be analogous in the circumstances. Such a view is reflected in the fact that whilst one party, in British Steel Corporation v. Cleveland Bridge Engineering Co[26], requested the other to perform services and supply goods needed under the expected contract, the costs Regalian Properties Plc v. London Dockland Development Corporation[27] sought reimbursements for what it did in an effort to put itself in a position to obtain and then perform the contract that was unsuccessful. This is largely because the court in such cases may be unwilling to imply a contract on the basis of a letter of intent because the language used is often uncertain and, in view of previous negotiations, it may also be argued that all that is assumed is a moral responsibility and not something that is contractual but, again, that is something for the courts to determine on the facts as they arise as a matter of interpretation[28]. Nevertheless, matters in this regard are also not helped in relation to the recognition of certainty in business agreements where the contract between the parties is considered incomplete because of a failure to cover all of the pertinent points that are considered significant by the parties so that one party asserts that a contract has been formalised and the other claims that it has not. Therefore, it is important to appreciate that in such cases the courts will need to consider whether an agreement is reached by the parties to a contract at a particular time, or as to whether there are other terms of the intended contract without the settlement of which the parties to the agreement have no hope of formalising a contract[29]. But where documentation produced in correspondence between the parties in dispute shows the parties have definitely come to terms – despite having some material points left open – a subsequent revival of negotiations will not affect the contract that is believed to have been made in the eyes of the court without the consent of the parties to the agreement that has been made so that they retain some influence over the courts that look to resolve their disputes[30]. More specifically, Justice Parker recognised in the decision in Von Hatzfeldt-Wildenburg v. Alexander[31] that if â€Å"documents or letters relied on as constituting a contract contemplate the execution of a further contract †¦ it is a question of construction whether the execution of the further contract is a condition or term of the bargain or whether it is a mere expression of the desire of the parties as to the manner in which the transaction already agreed to will in fact go through†[32]. Con sequently, it is matter upon which the courts could arguably go either way on in looking to interpret because it is really something to be decided upon on the facts of each individual case. Negotiations However, even where negotiations are successful, it was recognised in practice, as long ago as the decision in Kennedy v. Lee[33] that it may prove difficult to say with certainty when an agreement has been reached. This is because of the fact that it was recognised in this case that negotiations can often be long and complex with significant variations derived from offers and counter offers that may serve to detract or embellish the original basis of attempted agreement between the parties. Nevertheless, in the dcecision in Davies v. Sweet[34] it was understood that in spite of a prolonged period of negotiations courts may still find a concluded bargain by the conduct of the parties – thus seemingly bypassing the need for certainty so that any continuance of the negotiations will not necessarily serve to terminate an agreement between the parties. Such a need largely arises from the fact it is important to look to give effect to the reasonable expectations of business people that is an important object of the law of contract to facilitate in relation to their ongoing relations[35]. But, in the context of negotiations, a ‘lock out’ has also come to be considered to be unenforceable where it does not specify a time limit for its duration because it would indirectly impose a duty to negotiate in good faith which could not be considered a contract[36] – although such an agreement may be considered thuse if it is for a fixed period[37] – regardless of this it has been argued that certainty should have been resolveable in the interests of the parties through the recognition of the standard of reasonableness alluded to earlier in this discussion. Moreover, the courts have also felt at liberty to ‘strike out’ indefinite, but subsidiary, provisions as being insignificant so as to be able to give effect to the rest of the agreement[38]. Furthermore, with regards to an agreement to negotiate, the House of Lords recognised in Walford v. Miles[39] that such an agreement was effectively an agreement to agree so it was considered unenfo rceable because â€Å"it lacks the necessary certainty†[40]. Such a view has arisen because negotiations are, by their very nature, adversarial and allowed them to pursue their own interests, so long as they do not make misrepresentations, and withdraw where they see fit[41], whilst damages were also out of the question because no can tell whether the negotiations would be successful and what the result would be[42]. Conclusion In conclusion, in looking to critically evaluate the aforementioned statement so as to also be able to consider the extent to which parties have acted on a business agreement serves to influence any judge, it must be recognised that certainty within any agreement perpetrated by a business is extremely important. This is because certainty in relation to the agreements that are formed between parties clearly goes some way to limit and even negate the need to go to seek the resolution of their disputes. However, by its very nature, business negotiations are somewhat adversarial. Everyone involved with business wants to get ahead so it is perhaps little wonder that disputes do arise. But just because a dispute arises does not mean that the parties want to end the relationship that they have built up just because there is a lack of certainty in some aspect of the agreement that has been formed. Therefore, whilst the courts may look to resolve issues of certainty between the parties on the basis of the law as it stands and the understanding of what is considered reasonable in the circumstances, the parties themselves can and do retain an element of influence over proceedings between them. Consequently, the respective parties intentions when forming an agreement must be taken into account when determining the binding nature of any agreement. However, that is not meant to assuage the role that the courts do play in the resolution of disputes. It is just that the area is actually somewhat complicated by the lack of certainty in aspects of an agreement that is formed that need to be effectively resolved and, in view of the close proximity of the parties to their dispute, it is sometimes considered best for the parties to accede to the resolution of their dispute to the courts where they cannot otherwise be resolved between the parties themselves despite the influence that the co urts will still allow their dealings to have on their decisions in most cases. - (i) Research Strategy To begin with it is necessary to decide what the question set is asking – i.e. in this case, determining the need for something different to rectify a problem that apparently exists. This effectively means that any research carried out is required to seek to facilitate a ‘discussion’ involving the specific terms identified within the question so as to effectively determine and incorporate the academic and legal opinions of authorities to support the pertinent issues that have been derived from the research that has been carried out here for the purposes of answering the question. (ii) Materials Therefore, on this basis, it is particularly important to look to include case law in particular, in view of the stated requirement in the scope of the question, throughout the writing of this essay before listing them all in the bibliography for ease of further reference. As a result, both ‘Lexis Nexis Professional’ and ‘Halsbury’s Laws of England’ are websites that serve as significant research aids for writing this kind of work in view of the fact that they offer the most contemporary accounts of all legal subjects. (iii) Search Terms Legal professor David Stott’s work on legal research[43] has recognised the best approach to researching an essay is to look to take the title/question that you have been given and then highlight what you think are the key words and phrases so that, in this case, the following search terms are recognised – ‘Business’ ‘Contract’ ‘Buying’ ‘Selling’ ‘Legislation’ ‘Dispute Resolution’ ‘Certainty’. Then, having identified search terms for the purposes of research, combinations of these terms must be uses, whilst also looking to appreciate the fact that certain terms (i.e. ‘legislation’) will offer very little in view of the specifics elsewhere within the question without looking at more specific aspects. As a result, in view of the fact that the focal point of this essay’s discussion is the issue of certainty within, a particular context (i.e. business agreements), then it is clear that this must be recognised so as to be able to effectively achieve the required results to lead to further research into judicial decisions and other paper based sources outlined in the bibliography by looking at combinations of the aforementioned search terms (e.g. ‘contract’, ‘certainty’, ‘business’ and ‘agreement’). (iv) Review of Results In looking to effectively be able to evaluate the academic value of the research that has been carried out here, it is abundantly clear that, whilst the initial materials uncovered were excellent in view of their relevance, a true understanding of as to how successful the research actually was is only possible where we look to consider the content of what has been written in the essay itself. But then it is also necessary to look to consider as to how the answer to the question set looks to show an effective appreciation of how the materials that have been identified in the bibliography have been used. Therefore, it would seem that the results of this research have served to effectively facilitate a broad discussion of various areas in relation to the recognition of certainty within the context of business agreements and as to how the courts have dealt with the resolution of disputes, whilst also recognising the influence that the parties themselves can have in relation to the courts resolution, that have put been together in this paper so as to present an effective answer to the question that has been posed here. - Beatson. J ‘Anson’s Law of Contract’ 27th Edition, Oxford University Press (1998) Fridman. D. F ‘Construing, without constructing, a contract’ (1960) 76 LQR 521 ‘Halsbury’s Laws of England’ Lexis Nexis, Butterworths (2007) Lexis Nexis Professional (2007) (www.lexisnexis.com) Stott. D ‘Legal Research’ Cavendish Publishing Ltd (1998) Adams v. Lindsell (1818) 1 B Ald. 681 Bishop Baxter v. Anglo-Eastern Trading Co Industrial Ltd [1944] KB 12 British Steel Corporation v. Cleveland Bridge Engineering Co [1984] 1 All ER 504 Brown v. Gould [1972] Ch 53 Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401 Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256 Chillingworth v. Esche [1924] 1 Ch 97 Courtney Fairbairn Ltd v. Tolaini Brothers (Hotel) Ltd [1975] 1 WLR 297 Currie v. Misa (1875) LR 10 Ex 153 Davies v. Sweet [1962] 2 QB 300 Didymi Corporation v. Atlantic Lines Navigation Company Ltd [1988] 2 Lloyd’s Rep 108 Foley v. Classique Coaches Ltd [1934] 2 KB 1 G. Percy Trentham Ltd v. Arhital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 G. Scammell Nephews Ltd v. Ouston [1941] AC 251 Hillas Co v. Arcos Ltd (1932) 147 LT 503 Hussey v. Horne Payne (1879) 4 App Cas 311 Hyde v. Wrench (1840) 3 Beav 334 Kennedy v. Lee (1817) 3 Mer 441 Kleinwort Benson Ltd v. Malaysia Mining Corporation Bdh [1989] 1 WLR 379 at Lipkin Gorman v. Karpnale [1991] 3 WLR 10 May Butcher v. The King [1934] 2 KB 17n Mitsui Babcock Energy Ltd v. John Brown Engineering Ltd (1996) 51 Con LR 129 Montreal Gas Company v. Vasey [1900] AC 595 Nicolene Ltd v. Simmonds [1953] 1 QB 543 Pitt v. PHH Asset Management Ltd [1994] 1 WLR 327 Queensland Electricity Generating Board v. New Hope Collieries Property Ltd [1989] 1 Lloyd’s Rep 205 Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212 Trollope Colls Ltd v. Atomic Power Construction Ltd [1963] 1 WLR 333 Von Hatzfeldt-Wildenburg v. Alexander [1912] 1 Ch 284 Vosper Thornycroft Ltd v. Ministry of Defence [1976] 1 Lloyd’s Rep 58 Walford v. Miles [1992] 2 AC 128 Sale of Goods Act 1979 1 Footnotes [1] Fridman. D. F ‘Construing, without constructing, a contract’ (1960) 76 LQR 521. [2] [1900] AC 595. [3] See also the decisions in G. Scammell Nephews Ltd v. Ouston [1941] AC 251 (hire purchase terms) Bishop Baxter v. Anglo-Eastern Trading Co Industrial Ltd [1944] KB 12 (war clause) for further examples of indefinite contract terms. [4] (1818) 1 B Ald. 681 – see also Carlill v. Carbolic Smoke Ball Company [1893] 1 QB 256. [5] (1875) LR 10 Ex 153. [6] See, for example, the decision in Lipkin Gorman v. Karpnale [1991] 3 WLR 10. [7] (1840) 3 Beav 334. [8] [1924] 1 Ch 97. [9] See, for example, the decision in Butler Machine Tool Co v. Ex-Cell-O Corp [1979] 1 WLR 401. [10] [1972] Ch 53. [11] [1988] 2 Lloyd’s Rep 108. [12] Although see also the Supply of Goods Services Act 1982 at section 15(1). [13] See, for example, British Bank for Foreign Trade Ltd v. Novinex [1949] 1 KB 623. [14] Sale of Goods Act 1979 at section 8(2). [15] [1934] 2 KB 17n. [16] (1932) 147 LT 503. [17] Ibid at p.514. [18] (1932) 147 LT 503. [19] See G. Percy Trentham Ltd v. Arhital Luxfer Ltd [1993] 1 Lloyd’s Rep 25 at p.27 per Steyn LJ. [20] [1934] 2 KB 1 – see also Vosper Thornycroft Ltd v. Ministry of Defence [1976] 1 Lloyd’s Rep 58 Queensland Electricity Generating Board v. New Hope Collieries Property Ltd [1989] 1 Lloyd’s Rep 205. [21] See, for example, Regalian Properties Plc v. London Dockland Development Corporation [1995] 1 WLR 212. [22] See, for example, Trollope Colls Ltd v. Atomic Power Construction Ltd [1963] 1 WLR 333. [23] See, for example, British Steel Corporation v. Cleveland Bridge Engineering Co [1984] 1 All ER 504. [24] [1984] 1 All ER 504. [25] [1995] 1 WLR 212. [26] [1984] 1 All ER 504. [27] [1995] 1 WLR 212. [28] See Kleinwort Benson Ltd v. Malaysia Mining Corporation Bdh [1989] 1 WLR 379 at pp.388, 391 393. [29] See, for example, Hussey v. Horne Payne (1879) 4 App Cas 311. [30] See, for example, Mitsui Babcock Energy Ltd v. John Brown Engineering Ltd (1996) 51 Con LR 129 at pp.167, 175 179. [31] [1912] 1 Ch 284. [32] Ibid at p.288. [33] (1817) 3 Mer 441. [34] [1962] 2 QB 300. [35] Beatson. J ‘Anson’s Law of Contract’ 27th Edition, Oxford University Press (1998) at pp.62-68 [36] See, for example, Walford v

Technology Essay -- essays research papers

Technology is a knowledge of using tools and machines to do tasks more efficiently. We use technology to control the world we live in. Since the art of making fire and creating handcrafted tools, our civilization has come a long way. Science and Technology are making advances at an astonishing rate. From telephones to the Internet, calculators to computers, cars to rockets and satellites, we are part of a new world of discoveries and inventions made possible by Science. Fields like Medicine and communications have changed our cultures and our lifestyles. The technology that surrounds almost everyone in the modern society, affects both work and recreational activities. Technology is one of the principal driving forces of the future; it is transforming our lives and shaping our future at incomparable rates in history. Technology is constantly changing, and advancing. Many different elements affect how satisfied we are with our lives. The impact of technology on these elements can change how safe, healthy and happy people feel. Throughout history, people have looked for better ways to meet their needs and to satisfy their expectations. Technology has improved the way people feed, clothe and shelter themselves. Technology has also changed other aspects of everyday life, such as health care, education, job satisfaction, and leisure time activities. People have used technology since they first chipped stone blades to improve their hunting. Some people call this current age the "Technological Age" because of society's dependence on technology. For the first time in human history, almost all the goods and services people use depend on technology. The products of technology are available to almost everyone in society. The economy of a country influences how the people of the county live. Technology is often considered the key to a nation's economic growth. Many economists think that if technology sparks growth in one division of the economy in the form of increased productivity, growth will also occur in other division of the economy. Jobs may be lost in one industry, such as agriculture but new jobs may emerge in other parts of the economy. There may be more jobs or, in some case, completely new kinds of jobs. Technology may also be used to solve urgent problems. Our growing population is using up infinite supplies of natural resources. Innovations in te... ...king new ones. For example, when scientists went to Africa in search of a cure for a disease, they came back with monkeys that were contaminated with the Emboli virus. Today in Russia, there are military bases where Russian scientists are creating thousands of germs and viruses to use in germ warfare. These germs and viruses are capable of killing thousands of people instantly. Technology can be used against us as well, and everyday doctors and military personnel try to come up with ways to cure or destroy human life. As technology continues to advance and society moves "forward", people continue to aspire for more. In conclusion, technology continues to advance at a rapid rate. This quest to understand the ways in which our surroundings work has led to many scientific discoveries and innovations. The more we learn and develop the faster the rate of technology is. With these advances come more technological problems that arouse a demand for more new scientific knowledge. Because of all the advances in technology that have already taken place in our past we can now explore and research new ideas, cures in medical fields, in communications, and new forms of transportation.

Fifth Business Relationship Essay

Fifth Business Seminar: Relationship between Dunstan Ramsay, Paul Dempster, and Boy Staunton In the novel â€Å"Fifth Business† by Robertson Davies, the three characters Dunstan Ramsay, Paul Dempster, and Boy Staunton all have a very complex relationship with one another. We can easily recognize Dustan’s role as fifth business, in which he affects many other character’s lives, but his role within the relationship between Paul and Boy is more important; Just as Boy and Paul are equally important in this relationship among the three of them. We can analyse the relationship, and each individual character, and a cause and effect scenario is often found. This proves that their relationship changes or at least alters each other’s lives. For instance, Dunstan Ramsay’s relationship with Boy Staunton has been an interesting one. They always come off as friend and enemy to one another, yet the relationship lasts all of their lives. From the beginning, Boy tried to make Dunstan feel lesser than him. If it wasn’t his expensive mittens bought from the city, it was the women Boy was â€Å"conquering’. Dunstan is relatively unaffected by Boy’s attempts to make him jealous, and even learns to profit from Boy’s success. Boy helps Dustan with his financial investments that pay off very well for Dunstan. If Dunstan did not have the extra money, it would have restricted him from doing some of the things he does in the novel. Like take care of Mrs. Dempster, or travel to far off places, where he runs into Paul Dempster on two occasions. Boy also confides in Dunstan on several occasions, when his knowledge of business, and financial areas are useless. He needs help with Leola on occasion, and Dunstan helps even though he has reason to take offence to Boy for â€Å"rubbing it in his face’. Leola is an example of Boy’s conquest over Dunstan; he steals away Dunstan’s love, and marries her. Paul Dempster is also woven into the relationship between Boy and Dunstan. Paul is the result of Boy’s snowball, meant for Dunstan. When they were around ten years old, an argument between Boy and Dunstan leads to Boy following Dunstan home, throwing snowballs at him the whole way. When Dustan avoids one of his snowballs, it finds its way to hit Mary Dempster. Mary falls to the ground, and Dustan witnesses a â€Å"scene’ between the Dempsters. The snowball incident sparks the early birth of Paul Dempster, so early in  fact that it almost kills him. He does however survive, but his life is miserable. When Mrs. Dempster, in her â€Å"simple’ state, commits adultery with a tramp, Paul’s life is made even more miserable. Kids at school tease him for this, and he begins to hate his life, and resent his birth, and even his mother. We know that Paul’s premature birth, and his mother’s simple state is all a result of the snowball thrown carelessl y at Dustan, by Boy Staunton. Dustan also knows, which strengthens his role as fifth business. Dunstan’s relationship with Paul would probably have never have taken place, if he hadn’t felt partially responsible for what happened on the day of his birth. Dunstan would have never led Paul to the interest in magic, which eventually shapes his life. When Dunstan performs magic tricks for Paul, he realizes how quick and adept Paul is at performing them himself. Dunstan nurtures the talent, teaching him tricks that he himself cannot perform, even at his much older age. Dunstan feels no jealously, and is probably proud of Paul’s every accomplishment. The same incident with the snowball would have also led to the relationship with Dunstan, and Paul’s mother, Mary Dempster. A very serious relationship for Dunstan, he is unsure of what his feelings mean towards the woman. He enjoys taking care of her, he enjoys talking with her, and he does this even though it brings teasing upon him at school. Later in life, Dunstan is again looking after Mrs. Dempster when her caretaker passes away. He is using funds that he gained from Boy Staunton’s financial advice, to care for Mary Dempster. While doing this, he leaves for one of his trips to study the Saints, and he runs into Paul Dempster. He chooses not to tell Mary about Paul, but eventually gets Paul to help partially pay for his mothers care. When the facts come about that Paul has been sending money, it sends Mary into a fit, and she is changed forever. She later dies, and it is difficult to say if Paul feels remorse for the woman he resents for bringing him to life. Towards the ending of the book, the three characters are all in the same room together. Dustan Ramsay, Boy Staunton, and Paul Dempster are all in a room together, and the truth comes out. Dunstan confronts Boy about the  snowball, and displays the rock that was hidden within it. The rock that brought on Paul’s birth, and made his mother â€Å"simple’ for the rest of her life. Paul now has somebody to blame for the torment that his life has been. Dunstan played his role as fifth business, and it allowed Paul to know the truth, and Boy had to confront his past. When Boy denies it all, it is clear that he has tried to forget about the past, and he has done this so well that he actually believes he didn’t do it. Paul knows better, or at least feels that he does, and Boy is found murdered the next day, with the stone in his mouth. The relationship of the three is what spurs many plots of the novel, but it really comes into play at the end of the book, when the three confront one another. Many areas of the story are a direct result, or an indirect result of the three characters having interacted with one another somehow. In the end, Dunstan tells the truth, and Paul and Boy are instantly enemies. The relationship never seems so completely dependent on each of the three characters as it does at this point, and it finishes with the mystery of which one of them actually ended up killing Boy Staunton. (provided it was not suicide)

Free Essays on A Letter About Trust

A Letter about Trust The Narcissistic condition emanates from a seismic break of trust, a tectonic shift of what should have been a healthy relationship with his "primary objects" and the transformation of his self into the subject of love. Some of these bad feelings are the result of deeply entrenched misunderstandings regarding the nature of trust and the continuous act of trusting. For millions of years nature embedded in us the notion that the past can teach us a lot about the future. This is very useful for survival. And it is also mostly true with inanimate objects. With humans the story is somewhat different: it is reasonable to learn from someone's past behaviour about his future behaviour (even though this proves erroneous most of the time). But it is mistaken to learn from someone's behaviour about other people's. Actually, most psychotherapy is nothing but the effort to disentangle past from present, to teach the patient that the past is gone and has no reign over him anymore, unless the patient lets it to. Our natural tendency is to trust, because we trust our parents. It feels good to really trust. It is also an essential component of love and an important test. Love without trust is dependence masquerading as love. We must trust, it is almost biological. Most of the time, we do trust. We trust the Universe to behave itself according to the laws of physics, our army not to go mad and shoot us all, our nearest and dearest not to betray us. When trust is broken, the feeling is that a part of us dies, is hollowed out. Not to trust is abnormal and is the natural result of bitter or even traumatic life experiences. Mistrust or distrust are induced not by our own thoughts, nor by some device or machination of ours - but by life's sad circumstances. To continue not to trust is to reward the people who wronged us and made us distrustful in the first place. These people have long abandoned us and still they have a great, ... Free Essays on A Letter About Trust Free Essays on A Letter About Trust A Letter about Trust The Narcissistic condition emanates from a seismic break of trust, a tectonic shift of what should have been a healthy relationship with his "primary objects" and the transformation of his self into the subject of love. Some of these bad feelings are the result of deeply entrenched misunderstandings regarding the nature of trust and the continuous act of trusting. For millions of years nature embedded in us the notion that the past can teach us a lot about the future. This is very useful for survival. And it is also mostly true with inanimate objects. With humans the story is somewhat different: it is reasonable to learn from someone's past behaviour about his future behaviour (even though this proves erroneous most of the time). But it is mistaken to learn from someone's behaviour about other people's. Actually, most psychotherapy is nothing but the effort to disentangle past from present, to teach the patient that the past is gone and has no reign over him anymore, unless the patient lets it to. Our natural tendency is to trust, because we trust our parents. It feels good to really trust. It is also an essential component of love and an important test. Love without trust is dependence masquerading as love. We must trust, it is almost biological. Most of the time, we do trust. We trust the Universe to behave itself according to the laws of physics, our army not to go mad and shoot us all, our nearest and dearest not to betray us. When trust is broken, the feeling is that a part of us dies, is hollowed out. Not to trust is abnormal and is the natural result of bitter or even traumatic life experiences. Mistrust or distrust are induced not by our own thoughts, nor by some device or machination of ours - but by life's sad circumstances. To continue not to trust is to reward the people who wronged us and made us distrustful in the first place. These people have long abandoned us and still they have a great, ...

Writing Tips Paraphrasing a Source

Writing Tips Paraphrasing a Source Paraphrasing a Source It can be tempting to quote sources at length when writing a college paper. After all, you’re told to reference your sources, and how better to do that than using the actual words you’ve read? However, most of the time there’s a better option: paraphrasing. But what is paraphrasing? How do you paraphrase a source? And what are the advantages? Let us explain. Paraphrasing vs. Quoting Paraphrasing and quoting are both ways of sharing someone else’s ideas in your own work. When you quote a source, you use the exact words of the person you’re quoting (enclosed in â€Å"quote marks†). But when paraphrasing you need to explain the other person’s ideas in your own words. You might want to paraphrase a source in order to: Demonstrate your understanding of the subject matter Avoid using too many quotations in a document Explain a complicated idea (especially if the original text is hard to follow) Focus on one aspect of an idea that is relevant to your own work In fact, the only time you truly need to quote a source instead of paraphrasing is when the exact wording is important (e.g., because you’re drawing on a key piece of terminology or interpreting the specific words used by an author). In most other cases, paraphrasing will work just as well or better. Remember, though, that you still need to cite a source if you paraphrase it. Even if you have rewritten something in your own words, you still need to show where your ideas come from. 5 Tips on Paraphrasing Rewriting something in your own words can be tricky, but we have some tips: Read the original source carefully to make sure you fully understand it Consider whether you need to paraphrase the passage in full (i.e., with all the details contained in the original) or simply summarize it (i.e., picking out key details relevant to your work) Before you begin writing the paraphrased version, consider how you would explain the passage to a friend Write your paraphrased version and compare it to the original passage to make sure you haven’t missed any important information If you have used any exact phrases or key terminology from the original, enclose these in quotation marks and cite the relevant page numbers If you do all of the above, you should be able to communicate your ideas clearly without having to quote your sources at length every time.

NCLB and Students with Disabilities Research Paper

NCLB and Students with Disabilities - Research Paper Example The enactment of NCLB changed the educational landscape for students with disabilities by introducing vast changes (Peterson and West, 2003). The act gave children with disabilities access to free public education improving their educational outcomes. The act has raised awareness of poor performance of many schools and students especially those with disabilities. According to the federal law, states, schools, and communities have to collect data on student performance, broken in categories of race, and factors such as the native language and disability (Peterson and West, 2003). Public schools are faced with the greatest challenge of producing good performance raising concern for families with children in these schools. Students with disabilities have low rates of high school completion, success and graduation with diplomas in the market as opposed to those without disabilities. The dropout rates for students with disabilities are high, and most of them fail to achieve a high school diploma making their dropout rates four times higher than for those without disabilities (Peterson and West, 2003). NCLB has helped states and schools change their strategies in order to prepare students with disabilities for challenges of higher learning and economic self-sufficiency (Peterson and West, 2003). This involves evaluating the federal and state level programs and strategies that enhance educational practice. This has in turn improved the valued educational outcomes for youth with disabilities.

Integrated Campaign Strategy Essay Example | Topics and Well Written Essays - 1000 words

Integrated Campaign Strategy - Essay Example In the car market, businesses face stiff competition, since every product has to match the current tastes and preferences of the consumer. Similarly, different classes of and demographically varying groups will exhibit different wants; thus, the product needs customization to reach the various consumer groups effectively and efficiently. The following defines a brief protocol that Zamda Motors could use to competitively, sell the new â€Å"2.2†two seater car to the youths. Zamda motors started manufacturing vehicles in the year, 1970. Since then, the company has little pride to show from the market, due to stiff competition. The company meets competition from fellow Japanese companies, for example, Toyota, and Honda. The competitors have large market share following tremendous growth over the period they survived in the market. Toyota and Honda draw customers closer due to the satisfaction that their products offer. Therefore, Zamda Company needs to analyze the features that e nable competitors to rule in the market and strategically define and acquire a profitable market share. The company must decide to increase features to the model it wishes to introduce in the market. Therefore, Zamda decides to penetrate the market with the current two seater sporty model, which will lure youths into the buying process. The outreach targets precisely, male and females ranking at the ages of 22 to 34. The company elaborates on the fuel effectiveness of the car thus drawing a consideration that, the customers’ expenditure patterns do not increase in relation to maintenance of the purchase. Zamda Motor Company will identify the target customer, and persuade them to place purchases following the outstanding features installed in the vehicle model. The â€Å"2.2† car model is one of the best cars in the current American market relating to the dynamic change that is forcing consumers to seek comfort, driving experience, and sense belonging to a certain group of the society. The company is targeting the needs of the American youths in all genders, to offer satisfaction. Zamda Company assures the customers that the vehicle model targets to suit their needs satisfactorily. The company defines the car’s features as sporty, fuel efficiency, durability, considerable price, and modernized to the current technologies. Zamda states clearly that this is the only model that delivers satisfaction to the current needs above the vehicles offered by rival companies. The company’s researchers reveal that, many youths in America seek to own new cars, but financial capabilities deprive them of the opportunity. The company further derives information that, most of the available cars enter the American market with considerably higher prices such that, the willing buyer lacks the ability to place an order. Zamda identifies that, despite the history of competitors, most of them target the rich customers, aging, and adults at the age of 35 year s. Therefore, the youths who also seek driving experiences to acquire comfort tend to remain unattended to despite the fact that they constitute to the better portion of the population. To that extent, the company seeks to satisfy this market segment, which lacks consideration from other key players. The company identified that, most of the youths at the ages of 22

Subsistence Modes and Their Impact on the Amish Culture Research Paper

Subsistence Modes and Their Impact on the Amish Culture - Research Paper Example It does not require settlement, but it is also not reliable and makes it difficult to prepare for difficult times. Horticulture refers to the science of cultivating plants for human use which requires a great deal of knowledge regarding which plants are the most useful for which activities and how to make them grow. Pastoral lifestyles are characterized by herding large numbers of livestock around open land areas according to the seasons and availability of water. This type of lifestyle requires the availability of open land and the ability to move around. An agricultural form of subsistence can be thought of as farming, raising both animals and crops to support human life. This is different from an agrarian lifestyle only in that the agrarian lifestyle focuses on an entire community working together, all of them relying on agriculture as the base means of support but not all being engaged in farming as their personal means of support. An industrial society is recognizable to most of us simply because it is closest to the type of society we live in today in the modern world dominated by businesses, technology, mass production, and masses of people everywhere. However, there are still some societies that have managed to hold onto older forms of subsistence even in the face of widespread industrialization. By studying societies such as the Amish, it is possible to understand how a cultural group's form of subsistence helps to shape other elements of their culture such as their attitudes to religion, family life, and marriage. The Amish are a relatively isolated group of horticulturalists living in scattered pockets throughout the United States, Canada, and Mexico. According to Powell (2012), "The first sizeable group of Amish arrived in America around 1730 and settled near Lancaster County, Pennsylvania, as a result of William Penn's 'holy experiment' in religious tolerance" (p. 1). This group of people disagreed with the Anabaptists in Switzerland regarding some foundational religious concepts associated with their selected lifestyle, causing them to move to the Americas and begin their own religious sect. As a group, the Amish are dedicated to the horticultural way of life, which works to grow fruits, vegetables, and other plant materials necessary for survival within a self-contained, self-sustaining community of close-knit individuals. They believe in living as close to the land as they can, doing things naturally and depending on nature to meet their various needs. "Two key concepts for understanding Amish practices are their rejection of 'huchmut' (pride, arrogance) and the high value they place on 'demut' or humility and 'gelassenheit' (German, meaning: calmness, composure, placidity)" (Scully, 2007, p. 30). This natural approach to life was easy back when they first moved to America and the land was mostly wilderness, but as the land became more populated and particularly once it began to industrialize, it was their dedication to th eir traditional means of subsistence that led them to isolate themselves further and further from the rest of the world, as they found it necessary to create rules that would govern and protect their way of life. "All aspects of Amish life are dictated by a list of written or oral rules, known as Ordnung, which outlines the basics of the Amish faith and helps to define what it means

Texas Education Essay Example for Free

Texas Education Essay Texas law makers and citizens have been concerned about the education of our young people since before declaring our Independence from Mexico in 1836. Texas revolutionaries listed â€Å"failure to establish any public system of education, although possession of almost boundless resources,† among the reasons to become independent from Mexico. Since that time public education has seen countless policy changes, constitutional amendments and revisions, and laws changed to meet the needs of Texas students. (1) How has the Texas education system changed? How have these policies affected our young people, and what challenges lay ahead for students, educators, parents, and policy makers? At the birth of Texas public education there were many problems that policy makers had to overcome. How to educate students in such rural areas? How will public education be funded? These were a few of the challenges that lawmakers of that time faced but one challenge they didn’t not have land as one of them. The first public school law was written setting aside large amounts of land in each county for public school use. Later the amount was increased and additional land was set aside for the first State College. However what Texas lacked was funding. (2) In 1845 Texas received 10 million in five percent U. S. Indemnity bonds for settling a boundary claim against the United States. Of this 10 million, 2 million was set aside as a permanent school fund. The permanent school fund was later directed to be invested in bonds. Also, during 1845 the state constitution set aside one-tenth of the annual state tax set aside to support free public schools. (1) The founding fathers of Texas public education were working toward the goal of adequately funding the Texas education system. Today the permanent school fund accounts for approximately $765 million a year. (1) A continued effort has also been made through the life of Texas public education to develop a system of accountability. 1885 marked the first year a system of accreditation was used for Texas public schools. At that time selected tests were sent to the University of Texas. If the school was found to be satisfactory students gained automatic admission without examination. (1) Although the intent was Texas public education had many problems. One was the growing concern for the decline of Texas literacy. Legislatures tried to address this issue in 1984 when Texas passed House Bill 72. The 68th Legislature passed this bill in response to concerns over the adequacy of Texas public schools as reflected by standardized tests. (2) House Bill 72 brought down tougher requirements on students and began rating the schools in 1993. The students were now required to pass a state assessment test in order to meet the graduation requirements. This was system of testing was the most difficult students had been exposed to up until this point. Also the Bill created the no pass no play rule that requires students to pass every subject in order to participate in any extracurricular activity. (2) Another problem that the Legislature attempted to address was funneling funding to property poor districts. Edgewood ISD v Kirby was filed and claimed that the system for funding public schools was discriminatory against poor districts. Edgewood ISD was against House Bill 72 and wanted a fair system of school funding. The courts ruled in favor of Edgewood ISD but law makers continued to try and come up with a fair system. The federal government threatened to shut down federal aid for public schools because of non-compliance. In 1990 Legislature tried to pass the â€Å"Robin Hood† plan. This plan would redistribute wealth from wealthy districts to poor districts. This Bill failed to pass voters. In 1993 another plan was passed by the State. This gave multiple options to districts to distribute funds equally. (3) Edgewood ISD v Kirby was not the first lawsuit filed in an effort to improve Texas public schools. Del Rio ISD v Salvatierra tried to show how inferior education facilities were for Mexican-Americans and moved toward desegregation. In 1948 Delgado v Bastrop ISD, the judge ruled against segregation of Mexican-American children in public schools. Sweatt v Painter in 1950, challenged â€Å"separate but equal† and integration was ultimately addressed with a federal ruling in 1954with Brown v Board of Education and the integration of Mexican-Americans in 1970 with Cisneros v Corpus Christi. In that same year because of discriminatory practices in Texas schools, United States v Texas forced a federal judge to call for all schools to be integrated. (3) Texas is unique in many ways from other states. Texas is second among size and population and educates 9% of the total U. S. student population. A highly diverse student population creates additional problems. 16% of the student population in 2007 was Limited English Proficient. IN that same year 55. 5% of all students were recognized as economically disadvantaged. In 2007 those two categories ranked the lowest among percentage of students that passed all areas of the State assessment test. With 47% of Limited English Proficient passing all categories and 57% of economically disadvantaged passing all categories. Texas also ranks 15th in the nation with 8th grade students in mathematics, 31st in reading, and 35th in science. All this unique situation occurs while ranking 49th among funding per student as compared to other states. (4) These statistics put Texas in a unique situation. Texans are educating more people and more of those people are in greater need of a quality education. How can Texas children compete in the job market? What will the Texas workforce look like for these children? Concerns continue to grow over declining school performance and budget deficits. The budget shortfalls will mean education spending cuts. Texas is a conservative state. Its legislatures take great pride in balancing the state budget with responsible spending. Many times these cuts are made in the name of the children in an attempt to not pass down large amounts of debt. To continue to cut an education system that is at the bottom on spending per student will only push Texans further below the national average of graduation rates. Texas education continues to underperform. (5) Law makers continue to decrease funding in schools and will not increase taxes to attempt to meet the budget shortfalls. Texas boosts rapid business growth and population growth. They attribute much of this growth to a tax friendly environment for the top 60% income brackets and affordable living for all income brackets. This has made us a national leader among growth and is a source of pride among lawmakers and Texans. (6) Law makers attempted to help the education crisis in Texas during the 83rd legislative session. The passed over 100 laws affecting education. These rules ranged from bonds for charter schools, healthy eating statutes in schools, law enforcement on campuses, testing and ratings of districts, and school financing. Many laws were made mandating that schools have to perform at a higher level and also that schools have to help produce healthy students while also protecting them. All these programs take more money yet the Texas budget does not allow for additional funds. The state legislatures say that if these schools cannot perform they should be shut down. What options would that leave Texas students and their families? (6) More than 150,000 Texas students are choosing public charter schools over traditional public schools. Public charter schools receive bonds and funding from both the state and federal government similar to traditional public schools. They boost a higher learning environment while managing to do it on a smaller budget than traditional public schools. They are held to the same Texas accountability systems but have the freedom to develop their own curriculum; where as a traditional public school is held to the state curriculum. The Texas Board of Education approves the curriculum that public schools can use. They develop the curriculum and the district has the freedom to determine how they will teach this to their students. They can use many different programs from traditional text books to the unpopular c-scope curriculum. Charter schools on the other hand are allowed the freedom to teach how they want to teach and what they want to teach as long as they perform well on the same state assessment tests that public schools must take. (7) Charter schools are an alternative that many Texas parents and students are electing for. The freedom they are allowed are creating a learning friendly environment while providing teachers the freedom to teach. Students are able to learn and teachers are able to teach. All under the same budget constraints that traditional public schools have. Not having to teach to a particular curriculum is favorable for some parents that may not want a conservative influence on their students. For example the recent conservative wins over social studies curriculum. Conservatives won to modify social studies texts to look favorably on Republican political philosophies and stressing the superiority of American capitalism. The fight continues are could be won in the near future for the removal of the teachings of Darwinism and to move toward the inclusion of the Christian views that founded our nation. The charter schools will not be held to these same teachings and are free to teach the religious side, conservative side, liberal, and science. Many parents find this form of teaching more favorable and the freedom it provides help to responsibly teach Texas students under the budget constraints that the state mandates. (8) Not all academic changes are viewed as bad. Republicans pushed for information about the violent nature of the Black Panther party is taught in contrast to the teachings of Dr. Martin Luther King, and that the Republican votes are included in teaching to show how Republicans pushed forward on civil rights issues. Some strides were made in the inclusion of personal responsibility teaching to students, which includes life choices such as suicide, pregnancy, dating violence, eating disorders and drug disorders. Some people such as Mavis Knight, a democrat from Dallas that introduced an amendment for the teachings of the founding fathers on religious freedoms but it was turned down, said â€Å"the social conservatives have perverted accurate history to fulfill their own agendas. † (8) If you were a young adult or adult in the 90’s you was also part of legislative of an advertising campaign to pass the lottery in Texas. A large part of this campaign was that that the majority of the lottery proceeds would go toward Texas education. Many Texans often wonder how we can need to cut school funding when 21 billion dollars has been contributed through the Texas lottery system. This was true and false all at the same time. 21 billion has been contributed to Texas education. The majority of the proceeds from the Texas lottery are going into the Texas Education fund but the false is that for every dollar contributed by the lottery the general fund decreases its contribution. So funding remains the same just the contributing party changes. This was a rouse by legislatures at the time and continues to be. (9) Another large source of school funding is property tax. Law makers have continued to address the disparities between district funding in regards to property tax revenue. Property within districts can vary greatly. Some districts may be comprised of multi-million dollar homes while other modest middle class homes and even others that are made up of very poor communities. These differences in tax revenue base have created large differences in the quality of education provided for Texas students. Lawmakers have attempted to address this with bonds and funding per pupil but any Texas resident that has visited an inner-city school and visited a school in affluent Plano or wealthy areas of the valley know that there are great differences in the amenities provided to students in those districts. (10) Another challenge Texas faces is staffing its schools with quality educators. There is a shortage of educators in Texas. After the 2011 much publicized decrease in the teaching population and additional constraints on class size. The perception of an already stressful and underpaid profession was damaged. In 2012 the number of teaching certificates acquired was down 24 percent. Projections show that Texans will not meet the number of needed teachers by 2015 if the issue is not addressed. The Texas Workforce Commission predicts that the need for teachers will greatly increase and is the highest projected are of growth in Texas. The challenge comes in attempted to convince young adults to invest their education dollars in this field. (11) There are many challenges that face Texas educators. How can Texas educators teach to the diverse student population accurately with the other challenges that face the public education system? According to the Kids Count Data Center, Texas has a student population of 16. 2% that receive ESL teaching. These present additional challenges for teachers. Texas was an early pioneer for English as Second Language training. In 1968 lawmakers pioneered for English deficient students by allowing ESL programs in Texas Schools. Up until that time it was not allowed to have bilingual programs in the schools. Then in 1981 further strides were made when Mexicans Americans were allowed to enter those programs voluntarily to help eliminate discrimination of Mexican American students. Today Mexican American students account for 50. 2% of the student population and although this poses additional challenges Texas must be prepared to meet those challenges. (10) There are so many challenges facing Texas education. A diverse student population, proper funding, legislatures with personal agendas, increase academic standards, meeting demands of the workforce from laborer to laboratory, all these are achievable. These challenges can be met by Texas parents, legislatures and students. At an early age Texas students are taught how great and unique Texas is and its residents and how we are have risen to many challenges and defeated them. The challenge of education will be gladly met and I feel confident that Texans will see the importance of education and do everything necessary to ensure that Texas youth are able to compete in today’s job market.