Rhetorical Analysis of Douglass free essay sample

In the excerpt â€Å"Learning to Read and Write†, Frederick Douglass talks about his experiences in slavery living in his masters house and his struggle to learn how to read and write. Frederick Douglass was an African American social reformer, orator, writer, and statesman. Some of his other writings include â€Å"The Heroic Slave†, â€Å"My Bondage and My Freedom†, and â€Å"Life and Times of Frederick Douglass†. In this excerpt, Frederick Douglass uses an empathic tone, imagery, certain verb choice, contrast, and metaphors to inform African Americans of how important it is to learn to read and write and also to inform a white American audience of the evils of slavery. I find Frederick Douglass to be relatively persuasive in his argument to his intended audiences. We know that one of his intended audiences is African Americans because he consistently states things such as â€Å"I was compelled to resort to various stratagems† and â€Å"Thus, after a long, tedious effort for years, I finally succeeded in learning how to write†. We will write a custom essay sample on Rhetorical Analysis of Douglass or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page These sentences show us how difficult it was for him and states how he had to go through many trials to finally learn to be literately correct. By not giving up, he shows us how important he thinks it is for slaves to learn how to read and write. We also know that his other audience were white Americans because of his use of contrast. He describes how his mistress changed from being a nice, helpful, and loving woman to being a mean, evil spirited brute because of the simple fact of being a slave holder and her husband’s characteristics rubbing off on her. By stating â€Å"Slavery soon proved its ability to divest her of these heavenly qualities† he shows us how much of a negative effect slavery can be not only on African Americans, but also on white Americans. Frederick Douglass most likely chose this audience because many slaves probably did not know the extent of how important it was to read and write, or just didn’t know it was important at all. Frederick Douglass wanted slaves to be able to know what was happening in society and what was going on around them that their masters were not telling them. As far as the white audience goes, he likely chose this audience to make slave owners and non-slave owners look at slavery a different way. The way he portrays slavery in my eyes is almost as a force that turned this woman (his mistress) into something that she is not. It makes slavery look like a disease spread on white Americans that makes them horrible people. Another audience that might be included are poor white children and/or teenagers. Throughout the excerpt, Douglass explains how he would use the poor white children as instructors to teach him how to read and write in exchange for food. In the excerpt he writes â€Å"Have not I as good a right to be free as you have? These words used to trouble them; they would express for me the liveliest sympathy†¦Ã¢â‚¬  He could have chosen this audience because he knows that the children hold the future. This would be his way of convincing the younger kids to look down upon slavery. That could change the lives of African Americans forever. There could be a number of different audiences that Frederick Douglass was referring to, but the least likely would be extremely racist slave owners. Racist slave owners probably wouldn’t even pick up something an African American wrote, let alone care what he had to say. The Logos in this excerpt has a structure of Frederick Douglass’s events going in chronological order. He opens this excerpt by telling how long he lived at his master’s house. He then goes on to describe how his mistress changed from a nice lady to a mean-spirited one. He explains how her doing so made it hard for him to read because she would always get angry whenever she would see him holding a book. He then describes how he would become friends with the poor white kids so that they would help him learn how to read. Once he has learned to read, he starts to understand more of what is going on around him and he doesn’t like it. He begins to envy the ignorance of his fellow slaves. He meets two white men who encourage him to run away to the north to be free. Frederick considers it, but he wants to learn how to write first. He concludes this excerpt by describing how he learned to write by being in a ship-yard and also by daring the white kids that he knew more letters than them, tricking them into teaching him more letters. There wasn’t any flashbacks or foreshadowing in this excerpt. He went from beginning to end. If Frederick Douglass did decide to use any literary time elements such as foreshadowing and flashbacks, it could have made this excerpt a bit more interesting. Although, the chronological order did just fine. Frederick Douglass’s main claim to his argument of the importance of slaves learning how to read and write is the fact that without that knowledge, slaves would just remain ignorant to the things happening around him. They would have to rely on other people’s words instead of their own. With slaves being ignorant to their surroundings, it would be impossible for them to grow or to reach freedom. Frederick Douglass has an automatic appeal of credibility since this is an excerpt from his a narrative of his own life. Frederick Douglass also establishes Ethos when he started to think logically by learning to read. The more he learned, the more he was building his character to get what he wanted. He also builds character by choosing not to run away when the white men told him too. He knew there was a chance of them tricking him to run away just so they can catch him and get an award. He decided to take the opportunity to learn to write before he would run away. His character can also be determined by the title and even the first sentence of the story. â€Å"I lived in Master Hugh’s family about seven years. † This shows that he is just like any other slave even though he found a way to educate himself. This grabs the attention of his audiences and makes him as an author credible and trustworthy. Frederick Douglass appeals to Pathos in this excerpt. Because this is a true story, all the hardships his mistress put him through and all the trouble he had to go through and endure just to learn to read and write, give off real emotions. The fact that this really happened to him has more of an effect on his audience than if this was fiction. We see Douglass saying that he regrets his own existence and he wished himself dead. This makes the audience feel extremely sad and sorry for him. One way that Frederick Douglass uses pathos to persuade his audience is by him stating how bad he felt once he did learn how to read and write and how he envied the people who couldn’t. One would think that by him saying that would push someone to not want to learn to read, but it is the reason he feels this way that would persuade them. The reason he feels this way is because now he knows things that he’s never known and he knows how bad things are for slaves. That would persuade someone to want to know as much information as he does. He also establishes Kairos in this excerpt because of the fact that with only a few modifications, this same story could have been writing in modern times. Although slavery is not legal in America, it is in some parts of the world. There’s also illegal slavery in America such as human trafficking. It could be the same story of a person being trafficked trying to learn to read and  write, another language maybe, in order to escape. It also could be told in ancient times with the slaves in Egypt. That’s just a few examples of how this excerpt could be told in multiple time periods. In this excerpt â€Å"Learning to Read and Write† we see how Frederick Douglass used rhetoric devices Logos, Pathos, Ethos, and Kairos. Also we see how he used different literary elements to establish those. Frederick Douglass effectively persuaded his audience of African Americans and white Americans to show the importance of learning to read and write and to inform how evil slavery really was.

Never grow up Essays

Never grow up Essays Never grow up Essay Never grow up Essay Marco, who is the elder of the two illegally immigrated cousins, does live up to Eddies views of masculinity. He is everything that Eddie believes a man should be. The reason he immigrated into the country was to provide for is hungry family back in his home in Sicily. He wants his family to have food on the table just like Eddie does. Marco came to the country because he thought that if he worked and earned money he could send it back home to his wife and kids: If I stay there they will never grow up.  Eddie takes a liking to Marco straight away. We can see that he respects him because of what he is hoping to do for his family, he seems very interested in Marco and asks a lot of questions,   So whatre you wanna do, you gonna stay here in this country or you wanna go back?   And   Well, youre married, aint you?  It then becomes clear that Eddie is losing, or he thinks he is losing, his role of the man in the household. Eddie has always believed that he is the dominant person in the family but now that he has met Marco he feels threatened. He feels that Marco is threatening all the respect and pride that Eddie has earned. Eddie behaves peculiarly when he asks Rodolfo if he can box which leads to a boxing match between Eddie and Rodolfo, which is just supposed to be harmless but when Eddie actually hits Rodolfo then tension builds up, causing a moment of hostility and almost aggression between Eddie and Marco. Marco challenges Eddie to lift a chair by the bottom of the leg. Eddie fails. Marco succeeds and holds the chair above Eddies head as if he was going to hit him with it. This moment of tension between them shows Marcos hostility towards Eddie and is a warning to Eddie for him to leave Rodolfo alone. In the final scene at the end of the play we see that Eddie can not take any more and turns both cousins in to the immigration bureau. Marco fills up with rage and anger and shouts:   He killed my children! That one stole the food from my children!  Eddie becomes offended and demands that he apologizes and demands that he gives his name back,   Hes gonna take that back or Ill kill him! You hear me?  The play ends with Marco and Eddie in a fight. Eddie has a knife threatening to kill Marco. All Eddie wanted was for Marco to tell the people that what he said wasnt true because that was all that is all it comes down to in the end, pride and respect, You lied about me, Marco. Now say it. Come on now, say it!  There is a link between the three traits, aggression, hostility and manliness. Eddie will get aggressive if people dont conform to his way of thinking, and this will also include hostility and not always to the intended people. Eddie himself struggles with expressing himself in any other way than violence because he is not very educated; this causes internal frustration and causes him to lash out with violence. In contrast with Eddy, Alfiari (the chorus like character, who is similar to that of Henry Vs, who speeds up the play) who is educated and a man of the law, reserved and careful. In the final scene, the fight between Eddie and Marco involves hostility and aggression due to manliness, as Eddie wants his respect and he wants his name back. Another quality of manliness: honour. However Eddie betrays Marco and Rodolpho by tipping off the Immigration Bureau:  I want to report something. Illegal immigrants. Two of them. Today hostility is viewed upon as wrong, when A View From the Bridge was written, hostility made up part of the day-to-day running of people in this era. Today women are treated as equals and any discrimination is taken incredibly seriously, in the time the play written, women had very few rights and were constantly stereotyped and abused.  In this play women dont play any particular part, accept for objects of affection, arguing points and stereotypical slaves. They are also victims of male aggression and hostility, Beatrice also believes that the female characters are also responsible for the tragedy that befalls the male characters: Whatever happened we all done it, and dont you forget it, Catherine. Women in this era, were forced into these roles, they had few rights and were treated poorly. Another character in the play, Alfieri, plays a similar part to a chorus, similar to ones in Greek plays, narrating the play and commenting on events; he also plays a part in the play as a lawyer and a family friend. He is essential to the structure of the play as he opens and closes it and at other times moves the action quickly forward.  The language in this play is mostly colloquial. Beatrice and Eddie, who were both never educated very well, use colloquial probably the most. They use short, simple sentences:   Yiz ever work on the piers of Italy?  And:   or take a trolley or sumpm? Catherine goes to school and is being educated is the most obvious to be the better language speaker but still uses the word yiz . Radolpho is not able to speak English very well due to the fact that he is speaking in his second language and struggles sometimes,   the machine, the machine is necessary.   His sentences are lively and witty and entertaining. Marco seems to be able to speak English better than his brother. His sentences are usually serious and quite intense:   Too loud. The guests in that hotel are all Englishmen. They dont like too loud. Although we read the drama A view from the bridge it was initially intended to be performed on the stage this would have made the play more dramatic because the audience would feel like they are a part of it. The setting would cause problems because it is constantly changing so the stage set-up would have to be skilfully done so as little time was wasted as possible changing the set.  If we were to act a small part of the play in groups it would probably help us to understand why Arthur Miller had so many stage directions in the script. It is because every little detail needed to be shown to reveal the authenticity of the play and to give it a feeling of what it was actually like to be there.  As there are so many stage directions, it would be difficult to keep up with all the different stage directions.  The play is a tragedy. Miller was heavily influenced by this tradition of playwriting from Greek tragedy to the Norwegian Henrik Ibsen. His plays also make important social and political comments reflecting Millers belief in Communism.

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

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

Discuss the law of consent to treatment and the law of negligence Assignment

Discuss the law of consent to treatment and the law of negligence - Assignment Example According to the law of consent to treatment and health care directives act, every person seeking medical attention has a right to: permit or refuse to give consent to health practitioners on whatever reason (Corfield, Granne, & Sayer, 2009). In addition, they may choose the best treatment among provided treatment methodologies, given assistance by qualified medical practitioner, and be involved in decision making on any medical practices to be performed on him or her (Hockton, 2002). For this law to be valid, various factors should be put into deliberation. For example, the person issuing the consents should be provided with all necessary information on the medical procedure to be undertaken (Thornton, 2008). It should be able to address, the benefits, side effects of treatment, and indicate other alternatives (Rozovsky, 2003). The consent be given voluntarily with the patient and not forced of him. It should be understandable to help the patient make an informed decision (Bartlett, 2008). However, there are cases in which treatment of a patient may go on with or without their consent. This include (a) Supplementary actions; this is mostly prominent in surgery processes where during an operation the surgeon might encounter an extra problem that needs an additional procedure, here the surgeon has no choice but to go ahead and perform the process for he cannot waken the patient to approve the consent (Herring, 2010). A choice made in the interest of the suffering patient. (b) Emergency treatment; this happens mostly during emergencies e.g. When a patient is unconscious and cannot provide a consent, the medical practitioners will provide treatment and after consciousness is regained by the patient all reasons on why the treatment was given (Rozovsky, 2000). (c) Risk to the public; a person can be held on the hospital unwillingly until he or she has fully recovered if the person has an infectious disease that can a public health risk. (d) Mental condition; mental disoriented persons can be held either willingly or unwillingly in hospital without their consent, this differs globally according to laws of the given land (Dimond, 2008). Treatment given to such people must for their wellbeing. (e) Changes in capacity; a patient’s capacity to consent can change. There are different reasons that might affect a person’s capacity to give consent to treatment. Issues like panic, extreme tiredness, instant shock, patients under drug and unstable medical conditions such as schizophrenia influence are usually not fit to give medical consents (Bartlett, 2008). Such persons are advised to make early decisions on the treatment they would prefer in case of future incapacity (Dimond, 2008). Negligence; this implies failure to act with the prudence that a rational individual would exercise under the same conditions. The law of negligence states that a person or an institution is liable for any Injury caused negligently on the person seeking servi ces from the person or organization (James, & Deeley, 2002). Medical negligence or medical malpractices are terms used to indicate a negligent act by either medical practitioner or medical facility that leads to injury (Bartlett, 2008). When such injury arises the affected party can take legal action and such cases fall below the category of individual injury law. In many jurisdictions, there certain approved standards that people should receive. In case of irresponsible or erroneous

Fundamentals of Business Law Assignment Case Study

Fundamentals of Business Law Assignment - Case Study Example This case cannot be heard in a higher court. It can best be referred to the District Magistrate's courts. And because it is a criminal wrong, Joe would likely either be imprisoned for a given number of years or fined. He can also be punished by way of corporal punishment. This is a civil case but which relates between employees and employers. The case will be heard in an industrial court which is an administrative tribunal i.e. a body given the power of an administrative nature. This case involves commission of the tort of negligence because the employer has not taken reasonable steps to guard the machines. And in the process, it has caused injury. The judge of the industrial court can appoint two assessors from a panel of assessors appointed by the concerned minister. One assessor represents the employer and the other represents the employees. But the assessors only give an opinion. The decision of the courts is final and the result of the judgement is called an award. This is a criminal offence. In fact Del has committed an economic crime by failing to pay large sums of value added tax. And since the amount of money involved is huge, the case will be heard by the High Court. If Del is of the opinion that he has not been given a fair trial, then he can appeal to the court of appeal. Del is likely to be fined i.e. pay the tax added plus penalty. Prima facie, this can appear to be a civil case. But whether the employer has perpetrated any civil wrong will depend on the agreement made between Millie and her employer. Be it as it may, she has a right to sue. This case would be heard by the industrial court. It is the industrial court that hears cases between employees and their employers. Based on the judge's opinion, she might be paid as her colleagues. Question Two Whether Cules can recover compensation from Humpty or Alec the rules of law that govern this case are whether the essential elements of negligence can be proofed in order for an action for negligence to be maintained. In order for Giles to successfully sue and recover compensation from Humpty or Alec he must prove the following. i. That they owed him a duty of care. ii. That Humpy and Alec breached legal duty. iii. That he Giles suffered injury as a result of the breach of duty. 2 Humpy and Alec owe no duty of care to Giles. Humpty was to provide a loan to Giles and had no duty over Gile's chicken business. On the other hand, Alec was only approached to give advice concerning the loan and not on whether it was appropriate to purchase the machine. In Burwill v. Young a house wife was alighting from a tramcar. A motor cyclist passing on the other side of the tram collided with a motor car, the noise pf the collision resulting in the plaintiff suffering nervous shock and subsequent miscarriage. She brought an action of negligence on the motor cyclist personal representative. The action failed and it was held that at the time of the collision, the plaintiff was not there therefore he did not owe

Happiness and the Good Life Essay Example for Free

Happiness and the Good Life Essay What is the relation between living a good life and being happy? To many, the good life is a financially prosperous life, and happiness lies in the possession of wealth. Worldly success is what counts, and anyone who is not ‘successful’ in the usual sense is counted a ‘failure.’ Others strive for a life based on honor and public recognition. A good life is made up of hobnobbing with the right people in the right settings, and happiness is a matter of gaining respect. Along with these, there are lives that show by their living a desire for glory or power that inspires great efforts. Others, who are not drawn to wealth, power or glory because of the difficulties involved in attaining them, may choose the pursuit of pleasure. A good and happy life is one in which pleasures outweigh the pains overall. Many questions have been asked about the good life and happiness. People constantly answer those questions with their lives, and we see many different ideas of the good life and happiness playing out in the strivings of human beings to live well and be happy. The ancient Greeks wished their friends to ‘do well’ and ‘fare well’ in this life. These two, they thought, held the keys to human felicity. Doing well concerns ourselves, our own actions and feelings. We have some control over these aspects of our lives. So when we wish someone to ‘do well’ in life, we express the hope that the person will be moral and fair in his or her dealings with others. Beyond securing basic physical survival, someone who does well in life can sleep with a clear conscience, whether blessed with material success or not. From many a philosophical point of view, the good life has an intrinsically moral core that involves compassion for the suffering of others and acting justly in the world. ‘Faring well’ concerns events and occurrences over which we do not have so much control. â€Å"Faring well† means succeeding in life, coming into a prosperous condition, with all the benefits that come with money and social acceptance. Someone who is faring well in life has had a bit of good luck. It is possible to do everything right in order to succeed, but still fail to do so. For example, you can study hard for your degree, get your professional qualifications, work diligently, become competent, but still not succeed. The cards may not fall your way. As Sartre says, â€Å"You are free to try, but not to succeed.† This seems right to me, and so I will come down with Aristotle against Plato on this point, that doing well is not all that is involved in attaining happiness in life. Plato’s Socrates famously says that the good person cannot be harmed, that virtue is knowledge, and that happiness consists entirely of doing well and being just. Aristotle argues that a degree of luck plays into our happiness. He insists that most of our happiness is in our own hands, but that it can be affected by outside circumstances. So while being happy is mostly a matter of ‘doing well’ (and ‘thinking well’), great misfortunes can damage our happiness. It may be that such a person, by ‘doing well,’ will attain a degree of dignity in suffering, but he will not be happy; or, as Aristotle has it, ‘blessed.’ In light of this result, I hazard an intuitive philosophical account of the relation between the good life and happiness. Living a good life is a necessary but not a sufficient condition for happiness. In other words, it is possible to live a good life without being happy, but not happy without living a good life. This a ‘philosophical’ account of the relation because many philosophers have a particular idea of happiness and the good life that is not shared by everyone, with their emphasis on clarity of thought and sound reasoning. In addition, though philosophers recommend the philosophical life as both the happiest and the best, they are not in a position to legislate for everyone what happiness must be. Nevertheless, the traditional philosophical view is not without support. All we have to do is look at the results of many lives that strive for wealth, power, fame, glory or pleasure. So many disasters befall those who pursue a good life with no moral core, or reflective turn of mind, that it makes some sense, as philosophers argue, to pursue the wisdom to recognize the good life, and, within that life, such happiness human beings can attain.

A Journey into Darkness in Heart of Darkness Essay -- Heart Darkness e

A Journey into Darkness in Heart of Darkness      Ã‚  Ã‚   Joseph Conrad, in his story, "Heart of Darkness," tells the tale of two mens' realization of the dark and evil side of themselves. Marlow, the "second" narrator of the framed narrative, embarked upon a spiritual adventure on which he witnessed firsthand the wicked potential in everyone.   On his journey into the dark, forbidden Congo, Marlow encountered Kurtz, a "remarkable man" and "universal genius," who had made himself a god in the eyes of the natives over whom he had an imperceptible power.   These two men were, in a sense, images of each other:   Marlow was what Kurtz may have been, and Kurtz was what Marlow may have become.      Ã‚  Ã‚  Ã‚   Like a jewel, "Heart of Darkness" has many facets.   From one view it is an exposure of Belgian methods in the Congo, which at least for a good part of the way sticks closely to Conrad's own experience.   Typically, however, the adventure is related to a larger view of human affairs. Marlow told the story one evening on a yacht in the Thames estuary as darkness fell, reminding his audience that exploitation of one group by another was not new in history.   They were anchored in the river, where ships went out to darkest Africa.   Yet, as lately as Roman times, London's own river led, like the Congo, into a barbarous hinterland where the Romans went to make their profits.   Soon darkness fell over London, while the ships that bore "civilization" to remote parts appeared out of the dark, carrying darkness with them, different only in kind to the darkness they encounter.      Ã‚  Ã‚  Ã‚   These thoughts and feelings were merely part of the tale, for Co... ...ntempt to be a kind of moral heroism.       Works Cited Adelman, Gary. Heart of Darkness: Search for the Unconscious. Boston: Little & Brown, 1987. Bradley, Candice. "Africa and Africans in Conrad's Heart of Darkness." (24 Jan. 1996). Online Internet. 3 October 1998. Available: http://www.lawrence.edu/~johnson/heart. Conrad, Joseph. Heart of Darkness. Ed. Robert Kimbrough. 17th ed. New York: Norton, 1988. Levenson, Michael. "The Value of Facts in the Heart of Darkness." Nineteenth-Century Fiction 40 (1985):351-80. Rosmarin, Adena. "Darkening the Reader: Reader Response Criticism and Heart of Darkness." Joseph Conrad Heart of Darkness: A Case Study in Contemporary Criticism. Ed. Ross C. Murfin. New York: St. Martin's, 1989. Watt, Ian. Conrad in the Nineteenth Century. San Diego: U. of California P, 1979. 168-200, 249-53.   

Describe two theories which explain the occurrence of schizophrenia

This paper sets out to look at the mental illness of Schizophrenia and will examine two theories on the cause of this disorder and how they relate to genetics and the environment. The two theories we will discuss are, ‘The Dopamine Theory’ and ‘The Genetic Theory’ Schizophrenia is a chronic and disabling brain disorder which is characterized by gross distortion of reality. The name ‘Schizophrenia’ derives from the Greek words skhizein meaning â€Å"to split† and Phrenos (phren) meaning â€Å"mind† (Taylor, 2011). The condition is categorised by either Positive or Negative Symptoms which are unique to each individual. Individuals suffering from positive symptoms of the disorder experience on-going episodes of psychosis affecting their ability to distinguish, what is real or imagined. Positive symptoms can be defined as symptoms of behaviour that are present but should be absent; they include behaviours such as delusions, hallucinations, fragmented thinking and unusual patterns of speech or behaviour. Negative symptoms on the other hand are the absence of normal behaviours which result in symptoms such as flattened emotional response, inability to express pleasure, apathy, poverty of speech and social withdrawal (Norman, 2004: 365). Schizophrenia is a very complex disorder, and despite on-going debates, researchers have failed to identify one single cause of the disorder, however, it would appear that the consensus is that both biological and environmental factors could play an important role in the occurrence of the illness. One of the most well debated theories on the cause of Schizophrenia is the dopamine theory. The dopamine theory postulates that schizophrenia occurs as a result of hyperactivity of the neurotransmitter dopamine in the synapse. There are four main dopamine pathways which have been implicated in the disorder of Schizophrenia and they are; the Nigrostriatal pathway which is involved in motor control, Tuberoinfundibular pathway associated with sensory processes and the Mesolimbic and Mesocortical pathways which are connected to memory, motivation and emotional responses (Stahl, 2002: 10). Research has given much attention specifically to the mesolimbic pathway which is a brain circuit dependent on dopamine. The mesolimbic pathway is often referred to as the ‘reward pathway’ due to its key role in linking certain behaviours to the sensation of pleasure, such as those associated with the use of psychostimulant drugs like amphetamine, MDMA (Ecstasy) and cocaine (Stahl, 2008: 272). The evidence to support the theory that mesolimbic dopamine plays a role in Schizophrenia, follows logically from the treatment of the disorder with antipsychotic drugs such as chlorpromazine and fluphenazine. These drugs work by blocking dopamine D2 postsynaptic receptor sites, which inhibits the binding of dopamine, thus reducing positive symptoms (Seeman, 2011). Furthermore, several studies have suggested that the use of Psychostimulant drugs (such as amphetamines and cocaine), which work by enhancing dopamine neurotransmission, have been shown to induce psychotic symptoms such as hallucinations, delusions and disorganised speech and thinking, all of which demonstrate a marked resemblance to the positive symptoms exhibited in patients with Paranoid Schizophrenia (Laruelle, et al. , 1996; Breier, et al. , 1997; Abi-Dargham, et al. 1998). Although some research has implicated excess dopamine as a possible cause of schizophrenia, there is still much controversy surrounding this theory. It could be argued that the theory is reliable because research demonstrates that alterations in levels of dopamine either exacerbate or reduce symptoms, however, there are limitations with this theory, as blocking of the dopamine D2 receptor sites will only have an impact on the positive symptoms of schizophrenia, and not the negative symptoms such as apathy, speech and working memory, which are associated with the mesocortical pathway (Wayandt, 2006: 130). It has been suggested by Stahl (2008), that the reason for this may be, that unlike the mesolimbic pathway which is hyperactive in dopamine, the mesocortical pathway may already be deficient in dopamine, therefore blocking of the D2 receptors in the mesocortical pathway could further increase negative symptoms. Swerdlow (2010: 359) suggests that an argument against the dopamine hypothesis may be that some patients may be unresponsive to the more traditional neuroleptic drugs such as chlorpromazine which acts upon the D2 receptor sites. However, studies conducted by Brier and Buchanan (1996) on the use of a new atypical anti-psychotic drug called clozapine, claimed to show a 40-60% improvement in symptoms for patients of schizophrenia who did not respond to the traditional neuroleptics (Pincus & Tucker, 2003: 119). Clozapine still plays a role in blocking the D2 receptor site but with less intensity than traditional antipsychotics. However, it is also responsible for blocking a variety of other receptor sites including dopamine D4, 5-HT (serotonin), norepinephrine, acetylcholine, and histamine (Moses, 2012). With this in mind, it could be said that dopamine does not operate in isolation, and may form only part of the etiology in the manifestation of Schizophrenia. What is clear is that the dopamine theory is far from conclusive, which would suggest that much more research is needed to examine the role that other neurotransmitters may play in the disorder. Furthermore, if dopamine does play a primary role in schizophrenia then this leads us to the question, what causes this dysfunction in the dopamine neurotransmitters? Studies to date have identified that several of the genes which are closely linked with Schizophrenia are directly involved in dopaminergic pathways (Howes & Kapur, 2009); this therefore leads us to a further conclusion that genetics and gene mutation may play a key role in the development of schizophrenia. Evidence suggests that there is a strong genetic predisposition to developing the disorder and the more closely someone is related to an individual with Schizophrenia, the higher the chance of them developing the disorder themselves (Nolen-Hesksema, et al. , 2009). Family, Twin and adoption studies demonstrate that there are higher concordance rates between monozygotic (Identical) twins than there is with dizygotic (non-identical) twins. Studies conducted by Gotteman (1991) found that dizygotic twins had a 17% risk factor if their twin sibling had the disorder; however, for monozygotic twins, the rate increased to a more significant 48%. Further studies have revealed that children of schizophrenic parents showed similar concordance rates of 46%, however, children born to schizophrenic mothers but adopted by non-schizophrenic mothers only showed a risk factor of 17% (Kalat, 2009: 451). These findings suggest that Schizophrenia is not entirely genetic, and that environmental factors may also play a role in the development of the disorder. However, in giving strength to the genetic theory, new research in epigenetics has found that, whilst monozygotic twins share the same DNA, there are variations in the levels of methylation detected in a gene called ST6GALNAC1, which has been found in individual schizophrenic twins (Times, 2011). Whilst these changes in segments of DNA offer some explanations for the discordance in monozygotic twin studies in Schizophrenia, it is suggested that these mutations develop as a result of environmental influences (Coghlan, 2011: 16). Moving on, it has become apparent, that both dopamine and genetics play an important role in the predisposition towards schizophrenia. However, evidence appears to suggest that, whilst an individual may have a predisposition, this is not a guarantee that they will develop the disorder. Theorists believe that for those individuals who do have a predisposition towards schizophrenia, environmental factors can greatly influence the development and life course of the condition. One environmental factor which may be linked to the dopamine theory is the associated risk between prenatal exposure to viral infections and adult onset of schizophrenia (Psychiatry, 2011). Research suggests that prenatal environmental insults such as viral induced anaemia in the first and second trimesters, may lead to deficiency in myelination of neurons and dysfunction in the dopaminergic pathways (Brown, 2011). In support of this claim, a study by (Aguilar-Valles, et al. , 2010) used rat models to produce viral induced iron deficiency, and found that the biochemical and behavioural changes which occurred in the rats were characteristic of those found in adult schizophrenia. Moreover, Brown (2011) also suggests that iron deficiency significantly contributes to de novo mutations in DNA, and this may be due to a possible disruption of oxidation in the cells. Consequently, researchers have also identified significant representation of de novo mutations in Schizophrenics (Krebs & Rouleau, 2011). De novo mutations do not occur as a result of hereditary factors, but instead, are alterations which take place around the time of early conception (Reference, 2012). These findings may support the theory that prenatal environmental insults could be responsible for the increased risk in someone developing the disorder. Furthermore, this may also offer some explanation for the manifestation of schizophrenia in individuals who have no family history of the disorder. In conclusion, schizophrenia still remains one of the most perplexing and misunderstood disorders faced by mental health professionals. It is evident that dopamine, genetics and the environment all play a role in schizophrenia, however not one of these factors appears to work in isolation. In short, it would appear that the environment interacts with both biochemical and genetic factors and determines whether or not an individual is likely to develop the disorder.

Significance of Reverse Logistics

To the corporate world, it is all about making a profit. To the corporate world, efficiency is a means to achieving that profit. To the corporate world, one can not achieve profit with logistics. To modern researchers, the corporate world has just truly begun to turn its eyes towards reverse logistics. To us business students today, without reverse logistics there can be only limited profit. Within the scope of this analysis we shall be examining the significance of reverse logistics.To comprehend the importance of this study we must first ensure that the reader understands that reverse logistics is an acutely fascinating yet highly misunderstood concept which differs from company to company. Reverse logistics is a manner of reversing the supply chain. In this analytical reversal lies a world of opportunities to businesses. In a manner of speaking, reverse logistics is a highly analytical procedure which calls for the usage of statistical tools and highly trained managers and financi al accountants to understand how to place products back into a supply chain in order to achieve profits.Part of this definition means that businesses should be aware of which products they can expect to see as ‘returned items’. These items should be anticipated to be sold to another supplier to be turned into scraps for another project. Also customization needs to occur to increase the positive user experience; including warranty programs as well to increase the satisfaction level of customers. Businesses highly dislike having items returned to their inventory. Items returned that fail to sell are regarded as a loss in profits and revenue.For companies seeking to understand why such rates of returns occur they must turn to reverse logistics, as a seemingly modern tool, used towards understanding why this occurs to begin with. For businesses it is vital that they analyze, among other information, why such items are returned, how to alleviate this revenue loss, what techn iques or selling tools can be used to prevent this from occurring, and perhaps how to protect the entire company should this occur in various divisions within the company. In analyzing why this occurs we must turn to reverse logistics management.This management solution takes crucial time and effort to look at how to manage the entire returns process. By managing this process, companies can increase the recovery of net assets and revenue goals. As the introduction paragraph points out it is all about ensuring that the profit margin and supply chain is being fulfilled. At this time we shall examine how textile and apparel industries are adversely affected by returned items. When examining the online marketplaces, researchers have determined that typically garments are in danger of being returned by consumers who purchased them online.Purchasing decisions are driven by a consumer’s feelings about themselves and their bodies or physical image of themselves. For instance, when a woman is seeking to purchase clothing which is dependent on a fashionable image they expect the color, feel, fit, image, and expectations to match what they thought they ‘saw’ on the internet. As you can not ‘feel’ or ‘wear’ the garment when purchasing online, you are making the decision to purchase based upon other factors. These factors include color and style.Because consumers are attempting to make an effective choice on what to purchase they are often disappointed by what actually arrives in the mail. As a process hierarchy situation businesses are finding it pertinent to have marketing and sales staff which are willing to communicate with the supplier chain about how to survey consumers and generate more purchasing power in the online stores. Engineering teams are being used to modify the online appearance to appeal to more consumers (Hammond, website).The article, â€Å"In the Virtual Dressing Room Returns are a Real Problem† by J an Hammond and Kristin Kohler, it is emphasized that â€Å"†¦high return rate of apparel products purchased online†¦mirrors the rate of catalog apparel purchases†¦returns for apparel bought from catalogs ranged from 12 to 35 percent.. † This return rate process is a serious concern of companies marketing apparel online and in catalogs. On the other hand, the article shows that decisions to buy generic goods like books, music, electronic, etc..are less reflecting a return rate because less emotional factors tie in to the consumer’s decision to purchase those items. This article indicates that accuracy of color plays a crucial role in decision making of consumers on the web. Surveys conducted, including one by InfoTrends Research Group, indicated that 88% of consumers will shop at online stores which guarantee that their products reflect â€Å"true and accurate† color standards and schematics. Because of feelings of insecurity about acquiring the it ems which meets their color standards and expectations, consumers are less prone to make the initial decision to purchase.Because of this ‘risk’ of purchasing an item â€Å"unseen†, â€Å"untouched† , and â€Å"unworn†, consumers surveyed have become interested in companies which use the new initiatives to improve the color on their websites. For example, detail and color would be greatly improved with companies using zoom technology such as HP Open Pix and Live Picture (Hammond, website). Other companies are seeing products such as BodyMetrics LTD, which can ‘on-line visualize’ body dimensions on a mannequin to see how the item would fit the consumer’s body composition.These tactics are all methods of reverse logistics management, because they improve the online visibility of items which can increase the purchasing of consumers while decreasing the rate of return behavior that companies experience. In addition, as companies are seeking to place their products in online supply markets they can provide those supplier companies with an up-selling tool which aids in their own sales protection. For instance, let us closely examine IKEA’s effective operation management. IKEA, a furniture retailer, has invoked in its company a strong usage of operations management.Operations management is a means towards which a company organizes its hierarchy, sales structure, approach to service, strategic operations, systematic direction of the company, and finally the control of internal and external processes which turn inputs into completed goods and services. IKEA’s experience in operations management is highly organized and analyzed by reverse logistics management. In understanding IKEA’s operations management style we must first recognize that IKEA believes in a self-service concept.This means that IKEA believes that customers service their own needs by picking up their furniture themselves from the warehouse. IDEA’s furniture is built with high quality in mind and displays a wide variety of choice for the every day consumer. Showrooms have been explicitly designed to reflect various rooms and items related to the household goods. Because the ordering and picking up of items is performed by the customer, there is no chance that the consumer be unaware of what they are purchasing. Catalogues and notices are placed around the store explicitly showing the illustrations, dimensions, and availability of color of the goods.These room settings also allow customers to make educated decisions and comparisons about items without being infringed upon by sales personnel hoping to make a sale. As part of the reverse logistic management, this customization of user experience allows for the customer to examine and make decisions while not being under sales pressures (Slack 14-15). As the customer knows exactly where in the store they are purchasing the items from they have the opportun ity to return to the area for further decision making.This operational strategy is very successful to IKEA because of the piece of mind given to customers. Customers see how smooth the process is from selecting their items, to loading their items in a large loading area explicitly for customers, to non-pestering salespeople, to sufficient variety of quality goods at less expensive prices, to well-designed showplace environments, and to staff which willingly help customers at request. This attitude fosters a good mindset in consumers and presents the every day customer with a pleasant environment.Should consumers seek to return items the customer service is guaranteed to be a pleasant one. For customers this operations management has considered all reverse logistics and countered them with a steady aptitude for impressing the every day customer. This situation is truly a competitive advantage for IKEA over the competition. While reading this case study I was impressed with the idea t hat they have an eatery and a location where parents can drop off their children for daycare services while they shop peacefully.In general, this design contains such attractive features which allows for the operations of the organization to be seen on various levels (Slack 14-16). The case study also relates how the transformation process model works at IKEA. In this concept lies the idea of how the resources are used to â€Å"change the state or condition of something to produce outputs. † The nature of this operational concept is that a company can use its resources to literally transform itself and its resources into goods and services. IKEA has done both.It has used quality items from global companies and its in-store services to create the groundwork for a pleasant customized experience. Customers experience a variety of feelings about the IKEA stores while shopping which has a positive affect upon their decision to make purchases. For instance, the daycare allows paren ts to cope with making the decision to purchase while not have the added responsibility of watching over rampant children. Considered a customer processing strategy, this helps the psychological state of customers.In addition, IKEA stores have allowed for showroom settings and customized ideas to help differentiate one product from another. Non-lingering salespersons also alleviate any pressure of making an immediate decision to purchase versus feeling hounded by expectant salespeople. The nature of this process allows for the consumer to feel that they are making the right decision making the purchase. Like all competitive companies they feel that the inputs to the transformation process needs to be â€Å"error-free, fast, and efficient information processing.† Customers feel that this information is an aid for allowing the consumer to be satisfied that their concerns and questions on how to use or install the items will be handled in a professional and efficient manner (Sla ck 17-23). In general, all these processes from business processes to the customer-supplier relationship and interacting relationships are vital to competitive businesses. Whether it be an online stores or a physical store, it is important to recognize that reverse logistics plays a key role in ensuring a satisfied customer while providing a way to generate revenue.Works Cited: Reverse Logistics Management: Manage Returns Processing Across Multiple Channels. Viewed March 26, 2007. http://www. manh. com/reverse_logistics_management/index. html? g=4&gclid=CNG4kM HsjYsCFQlQWAodVUPdWA In the Virtual Dressing Room Returns Are A Real Problem. Published: April 15, 2002 . Jan Hammond and Kristin Kohler. Viewed March 26, 2007. http://hbswk. hbs. edu/item/2883. html Slack, Nigel, Stuart Chambers, Christine Harland, Alan Harrison, and Robert Johnston. Effective Operations Management. 1998. London, Pitman

FUNCTION PLUS LOYALTY Essay Example

FUNCTION PLUS LOYALTY Essay Example FUNCTION PLUS LOYALTY Essay FUNCTION PLUS LOYALTY Essay Introduction The outgrowth of functionalist attacks to interlingual rendition in the 1970s and 1980s was rather radical in that it marked the move from what Munday ( 2001: 72 ) describes as the inactive lingual typologies of interlingual rendition displacement , a term defined by Catford ( 1965: 73 ) as departures from formal correspondence in the procedure of traveling from the SL to the TL , to a consideration of the overall map of the Target Text ( TT ) in the Target Culture ( TC ) . However, these attacks have been criticised on assorted evidences. This paper investigates one of these unfavorable judgments and whether Chritiane Nord s impression of function plus trueness adequately addresses the issue. SKOPOSTHEORIE : As a term, functionalism is used to mention to the sum of attacks to translation that focal point on the overall map ( s ) of a text or interlingual rendition ( Nord 1997:1 ) . In other words, functionalism has been expressed or practised otherwise by different bookmans and transcribers. However, they all appear to hold drawn inspiration from what Vermeer has calledskopostheorie, the birth of which seemingly marked the beginning offunctionalism( Honig 1997: 6 ) . Harmonizing to Vermeer ( 2004 ) , [ T ] he skopos of a interlingual rendition is the end or intent, defined by the committee and if necessary adjusted by the transcriber ( 236 ) and this impression of skopos can be applied in the interlingual rendition procedure, the interlingual rendition consequence every bit good as the interlingual rendition manner ( 230 ) . This skopos determines whether a text should be translated word for word or paraphrased or even adapted. As Nord ( 1997 ) puts it, the Skoposof a peculiar interlingual rendition undertaking may necessitate a free ora faithful interlingual rendition, or anything between these two extremes, depending on the intent for which the interlingual rendition is needed ( 29 ) . Thus a individual text can engender different interlingual renditions harmonizing to the different interlingual rendition Jockey shortss provided. This attack was rather fresh in that it, to a big extent, addressed the eternal quandary of free V faithful interlingual renditions, dynamic V formal equality, good translators vs slavish transcribers, and so on ( Nord 1997: 29 ) . However, it has besides received rather a figure of unfavorable judgments. One of such onslaughts came from Pym ( 1996 ) who inquiries the ability of functionalism to supply a footing for a professional moralss of interlingual rendition. He so asks: Can such a theory generate a manner of spoting between good and bad intents, between good and bad interlingual rendition schemes? Or is its purpose simply to bring forth materialistic experts, able to contend under the flag of any purpose able to pay them? ( 2 ) Pym inquiries the evident disregard of the ST, undue accent on the TT and the freedom skopostheorie gives the transcriber to bring forth any sort of text as dictated by the interlingual rendition brief, whether or non the said brief is a far call from the purposes of the writer of the beginning text. In response to such unfavorable judgments, Nord added the construct of loyalty to functionalism. FUNCTION PLUS LOYALTY Chritiane Nord maintains that the trueness rule is meant to account for the culture-specificity of interlingual rendition constructs, puting an ethical restriction to the otherwise limitless scope of possibleskopoifor the interlingual rendition of one peculiar beginning text ( 2007:2-3 ) . Loyalty is used to mention to the duty of transcribers, as go-betweens between two civilizations, towards their spouses viz. , the source-text writer, the client or commissioner of the interlingual rendition, and the target-text receiving systems ( Nord 2001: 185 ) . It may besides be seen as taking into history the purposes and outlooks ofallthe spouses in the communicative interaction named interlingual rendition ( 195 ) . Though the client s brief determines the skopos of the interlingual rendition, it is non the lone determining factor for the interlingual rendition. The transcriber should be loyal to the ST writer by guaranting that he non bring forth a TT that falsifies the writer s purpose s ( Nord 2005:32 ) . In other words, trueness ensures some compatibility between the ST and the TT. The transcriber should besides be loyal to the mark audience, who have some outlooks of what the interlingual renditions should be like, by explicating in a footer or precede how they arrived at a peculiar significance, the thought-process involved. Nord distinguishes trueness from fidelity or equality. While she sees the former as an interpersonal relationship between the transcriber and his spouses, the latter she sees as constructs used to mention to the lingual or stylistic similarity between the beginning and the mark texts, irrespective of the communicative purposes involved ( 2001: 185 ) HOW ADEQUATE? This subdivision looks at the adequateness of Nord s map plus trueness rule to interlingual rendition, particularly in relation to Pym s accusal of skopostheorie bring forthing merely materialistic experts. In the first topographic point, it checks the evident freedom of the transcriber to bring forth any sort of interlingual rendition in conformity with the client s brief. While map requires that the interlingual rendition be modelled to suit into the brief provided by the commissioner, trueness requires the transcriber to warrant their pick of interlingual rendition method by sing the involvements of all the participants involved in the interlingual rendition, non merely that of the client. A transcriber should non bring forth a interlingual rendition that goes contrary to the brief ; they besides should fulfill the outlooks of the mark audience every bit good as non distort the purposes of the writer. So if the brief betrays the communicative purposes of the writer, it is so the transcriber s responsibility to pull the attending of the client to this evident anomalousness. Pym ( 2007: 132 ) quotes Nord as stating that If the client asks for a interlingual rendition that would intend being unpatriotic to either the writer or the mark readership or both, the transcriber should reason this point with the client or possibly even refuse to bring forth the interlingual rendition on ethical evidences . So the transcriber is non a mere materialistic since they do non accept whatever skopos is given them. Downie puts it this manner: With the add-on of the impression of loyalty the transcriber is now ethically and professionally responsible to either detect the outlooks their spouses have of their work or to state them why these outlooks have non been met ( 2 ) , This rule reduces the figure of skopoi that could be generated for a individual interlingual rendition text. Two inquiries may be raised against the trueness rule, one of which has been partially answered in Downie s quotation mark above viz. : is it ever possible for every party to be made happy by the transcriber? Harmonizing to Nord, the transcriber has the moral duty non to interpret on a brief that will distort the writer s purpose. If after explicating the state of affairs to the client and the client insists on non modifying the brief to do up for the defect, the transcriber has the moral duty to decline to make the interlingual rendition. Downie has already highlighted what the transcriber should make if the interlingual rendition goes contrary to the outlooks of the receiving audience. In Nord s words, if the mark civilization expects the interlingual rendition to be a actual reproduction of the original, transcribers can non merely interpret in a non-literal manner without stating the mark audience what they have done and why ( 1997: 125 ) . This increases the degree of assurance the audience has on the transcriber and makes them more ready to accept the interlingual rendition as of a good quality even if their ( the audience s ) outlooks are non met. This raises the 2nd inquiry: will the acceptance of the documental interlingual rendition in state of affairss where the beginning civilization is markedly different from the mark civilization, seen in the extra accounts the transcriber has to do for the reader, non impact the response of the work since the audience is cognizant that the text is non the original, but a interlingual rendition? Though the reader might be affected by the realization, the manner shows that the transcriber has some regard for the reader and will assist construct their assurance in the transcriber for taking the strivings to explicate their scheme and picks. One other issue the trueness rule references is the supposed dethronement of the beginning text. This is besides one of the bases for Pym accusal of transcribers as being mere materialistic experts since the ST may ensue in TTs with which it portions a really tenuous relationship. Loyalty insists that the communicative purposes of the writer be reproduced in the TT. And this can merely be achieved when a elaborate analysis of the ST is done to appreciate its topographic point in the beginning civilization, temporally and spatially. Nord insists that the reading of a text goes beyond the lingual, that it is a merchandise of the many variables of the state of affairs ( clip, topographic point, references ) in which it originated ( 1997: 119 ) , and that the analysis of extratextual factors such as writer, clip, topographic point, or medium may cast some visible radiation on what may hold been the transmitter s purposes ( 125-6 ) . The transcriber so does a similar extratextual surve y of the mark state of affairs to place the look that best reflects the writer s purposes in the mark state of affairs. So in the chief, the TT purposes are hinged on those of the ST. Decision It is self-evident that a text is unfastened to multiple readings, and interlingual renditions. But Nord s impression of map plus trueness has so restricted the otherwise arbitrary production of interlingual rendition Jockey shortss and interlingual renditions that are a far call from the message of the ST. It besides weakens the unfavorable judgment that functionalism advocates a dethronement of the ST. However, the satisfaction of every party involved in the interlingual rendition procedure is merely but an ideal, non ever operable. But trueness has made the transcriber more responsible and witting of their interlingual renditions and increased the assurance of other participants on the transcriber. Indeed if transcribers will adhere to this charge of being loyal, the jobs of mistranslations will be greatly reduced. Mentions Catford, J. C. 1965.A Linguistic Theory of Translation. London: Oxford. Downie, Jonathan. The End of an Era? Does skopos theory enchantment the terminal of the free V actual paradigm? online: Pneuma Foundation: In depth resources: hypertext transfer protocol: //www.pneumafoundation.org/resources/in_depth.jsp Homig, Hans G. 1997. Position, power and pattern: Functionalist attacks and interlingual rendition quality appraisal. InCurrent Issues in Language and Society. Vol. 4, No. 1, pp. 7 34. Munday, J. 2008.Introducing Translation Studies: Theories and Applications. 2nd erectile dysfunction. London: Routledge. Nord, Chritiane. 1997. Translation as a Purposeful Activity. Manchester: St Jerome. Nord, Chritiane. 2001. Loyalty revisited: Bible interlingual rendition as a instance in point. The Translator.Vol. 7 No 2, pp. 185 202.. Nord, Chritiane. 2005.Text Analysis in Translation: Theory, Methodology, and Didactic Application of a Model for Translation-Oriented Text Analysis.2nd erectile dysfunction. Amsterdam: Rodopi. Nord, Chritiane. 2007. Function plus Loyalty: Ethical motives in Professional Translation. InGenesis Revista Cientifica do ISAG. Vol 6, pp. 7 17. Pym, Anthony. 1996. Material text transportation as a key to the intents of interlingual rendition. In Albrecht Neubert, Gregory Shreve and Klaus Gommlich ( explosive detection systems. ) 1996,Basic Issues in Translation Studies. Proceedings of the Fifth international Conference Kent Forum on Translation Studies II, Kent/Ohio: Institute of Applied Linguistics, 337-346. Pym, Anthony. 2001. Introduction: The return to moralss in interlingual rendition surveies .The Translator.Vol. 7 No 2, pp. 129 138. Vermeer, Hans J. Skopos and committee in translational action. In L.Venuti ( erectile dysfunction )The Translation Studies Reader. 2nd erectile dysfunction. New York: Routledge, pp. 227 238.

Eugene Debs Assignment Example | Topics and Well Written Essays - 750 words

Eugene Debs - Assignment Example The Audubon Park is built in a 5,023 square-foot piece of land and is the first in Los Angeles City to be fully powered by on-site solar systems. Moreover, the building uses less water than any other conventional structure of its size. This paper is going to explore the Audubon Center and green building by describing what I saw and learned. The paper will also highlight the importance of green buildings for sustainability, particularly in Los Angeles, by discussing what kinds of changes and alternatives could be implemented in my home or on my college campus. Audubon Center Recently, I visited Audubon Center at Debs Park and learnt a lot regarding environmental conservation. I discovered that in order to conserve the environment, one has to put in place various significant issues. For instance, on assessing the Audubon Center, I concluded that virtually every aspect of the building, from ground floor to the rooftop, was custom-made to conform to the stringent requirements. Where need be, recycled materials including melted down handguns and scrap metal were adversely used in the rebar to act as strengthening materials to the concrete blocks and floors. Organic materials were also significantly embraced. This is demonstrated in all aspects, from the carpeting of Mexican agave plant, to cabinets and desks made of wheat board and sunflower board. Audubon Center uses a fully solar-powered air conditioning system thus meeting various goals of broad-based environmental movement that not only encourages the use of clean energy technologies, but also brings presence of nature close to people who rarely leave urban centers to travel to nature. I discovered that the solar power that cost about $90,000 and is about 10 tons uses an 800-square foot array of Chinese Sunda vacuum tube solar harvesters, each having a copper heat pipe and an aluminum nitride absorber plate that harvests the solar radiation. I found out that the Sunda tubes work on a principle of heat-pipe, whic h asserts that water under low pressure in tubes is normally heated and is transformed to a vapor that eventually flows up to the condensation section of the tube. Ultimately, water is heated and flows to the manifold that connects all the tubes, thus transferring thermal energy from the collectors to the hot water storage tank through insulated pipes. There are several things that can be done in my home area to conserve energy. Firstly, in order to achieve the requirements for the platinum Rating, my community must ensure that it constructs a building that would meet the fundamental requirement of green building by earning a minimum of 52 sustainability points out of the possible 69. I would advice my community that points are awarded on basically everything from the selection of site to the building materials used to being innovative in interior design by having indoor finishing that are environmentally friendly. It is worth noting that the Audubon Center at Debs Park scooped 53 L EED points. A major fraction of the points came from its efficiency in water system as well as renewable energy sources. I would also insist on using the locally manufactured and harvested materials which may include wood, sheet metal, paving materials, landscape plantings and concrete, since these are stressed by the LEED program. On visiting the Audubon Center, I discovered

Muscular Distrophy Essay Example | Topics and Well Written Essays - 1500 words

Muscular Distrophy - Essay Example The National Institute of Neurological Disorders and Stroke (NINDS) has defined muscular dystrophies (MD) as â€Å"a group of more than 30 genetic diseases characterized by progressive weakness and degeneration of the skeletal muscles that control movement. Some forms of MD are seen in infancy or childhood, while others may not appear until middle age or later. The disorders differ in terms of the distribution and extent of muscle weakness (some forms of MD also affect cardiac muscle), age of onset, rate of progression, and pattern of inheritance† (NINDS, 2010, par. 3). There are various types with corresponding clinical manifestations and therapy for MDs. In this regard, the essay aims to compare and contrast, one particular type, the Duchenne MD with another type, the Facioscapulohumeral MD. The causes, pathology and treatment would be discussed and evaluated in light of the two identified MDs. The Duchenne MD is considered the most common form of MD afflicting children, identified to occur in 1 out of 3,500 live male births (London, et.al. 2007, 1791). This type of MD, likewise known as pseudohyperthophy â€Å"refers to enlargement of muscles as a result of their infiltration with fatty tissue† (London, et.al. 2007, 1791). The disorder usually appears within the first three to four years of the child’s development. In a research conducted by Bogdanovich, et.al. (2005), the authors averred that â€Å"DMD is characterized by progressive and severe muscle loss that leads to loss of ambulation, with those affected often becoming wheelchair dependent toward the end of the first decade of life. The disease is caused by mutations in the DMD gene resulting in quantitative and/or qualitative disturbances in expression of the gene product, dystrophin† (par. 1). The symptoms for Duchenne MD include any or a combination of the following: â€Å"fatigue, mental retardation (possible, but does not worsen over time), muscle weakness, and