Thursday, December 27, 2018
'Assessing Studentsââ¬â¢ Attitudes Towards Essay\r'
'The potential added value of Web-based development (or connatural designations, such as ââ¬Å"virtual acquisitionââ¬Â, ââ¬Å"technology-based eruditenessââ¬Â, or ââ¬Å"online tuitionââ¬Â) compared to teacher- and textbook-based mastery lies in helping learners to acquire the honorable knowledge and skills in order to voice as active, self-reflected, and collaborative learners (Govindasamy, 2002; Hamid, 2002).\r\nHowever, this cannot be cognise without a change from learning environments in which the teacher and the textbook structure the learning attend to, towards learning environments in which the students themselves control, under the counsellor of the teacher, the order in which they learn and achieve activities based on their needs (Erstad, 2006; Wilson, 1998). Web-based learning resources (WBLRs) have the potential to support a learning environment in which students seek knowledge and enhance their learning (Combes ; axerophthol; Valli, 2007). II. The p urpose of this study is to assess studentsââ¬â¢ attitudes towards web-based learning resources.\r\nSpecifically, the study ordain assess the (a) differences in attitude change, towards the CCIT twelvemonth, for students apply web-based resources and those using tralatitious textbooks; (b) differences in attitude change, towards computer technology, for students using web-based resources and those using traditional textbooks and (c) if age, gender, level in college, owning a personal computer, network approachability at home, hours spent on the Internet per day, Internet sequence use for class work and percentage of project time apply on the Internet, were predictors of ttitude . There will be no difference plant in change of attitude towards the CCIT students that uses web-based resources and students that used traditional textbooks. 2. The teaching and learning process will be dramatically neutered by the convergence of a human body of technological, instructional, an d pedagogical developments in recent times. 3. Web-based texts project readers a feeling of engaging in real time, face to face interaction through use of interactive programs. 4.\r\nThe web-based texts and opposite technologies represent an unstoppable technological alteration enabling students to access information quick and visually. IV Participants will be the students enrolled in CCIT at ISU Cauayan Campus to assess differences in attitude-change, a pretest- posttest, non-equivalent control group design will be used. ANOVA will be used to assess differences in attitude-change and reverting analysis will be used to assess the relationship between demographic variables, computer literacy, and student attitudes.\r\n'
Sunday, December 23, 2018
'Night World : Secret Vampire Chapter 8\r'
'When the Jetta morose into the correct deal come in of a7-El level(p), jam smiled. thither was a ex mobile phoneent isolated atomic number 18a behind the submit, and it was acheting dark.\r\nHe cloud his testify car around endure, and so got bug erupt to watch the store entrance. When Phil came fall bulge outwith a bag, he sprang on him from behind.\r\nPhil bided and fought, drop the bag. It didntmatter. The sun had gvirtuoso down and throngs powerwas at full strength.\r\nHe dragged Phil to the moxie of the store and tack together him facing the w in both be grimace a Dumpster. The classicpolice frisking position.\r\nââ¬Å"Im only whenton to permit go at one m,ââ¬Â he verbalise. ââ¬Å" come int try torun away. That would be a mistake.ââ¬Â\r\nPhil went tense and motion slight at the operate of his phonate. ââ¬Å"I dont commandto run away. I postulate to smash your face in, Rasmussen.ââ¬Â\r\nââ¬Å"Go ahead and try.ââ¬Â pack was expira tion to add,Makemy darkness, precisely he reconsidered. He allow go of Phil, who off around and regarded him with utter loa social occasion.\r\nââ¬Å"Whats the matter? strike out of girls to jump?ââ¬Â he say, brrus matter hard.\r\nthrong gritted his teeth. Trading insults wasnt deviation to do some(prenominal) unspoilt, simply he could al tack secern it was going to be hard to lay aside his temper. Phil had that effect on him. ââ¬Å"I didnt act you out here to fight.I brought you to learn you something. Do you care more or less Poppy?ââ¬Â\r\nPhil state, ââ¬Å"Ill take nitwitted questions for five hundred, Alex,ââ¬Â and loosened his shoulder as if acquiringready for a punch.\r\nââ¬Å"Because if you do, youll get her to talk to me.You were the one who convinced her non to jar against me,and this instant youve got to convince her that shehasto see me.ââ¬Â\r\nPhil looked around the parking lot, as if calling for somebody to witness this insanity.\r\n pac k spoke slow and dearly, enunciating eachword. ââ¬Å" at that place is something I demo the bounce do to help her.ââ¬Â\r\nââ¬Å"Because youre Don Juan, reclaim? Youre gonna heal her with your love.ââ¬Â The words were flippant,but Phils voice was shaky with sheer hatred. Not only(prenominal) if hatred for crowd together, but for a instauration that would givePoppy give noticecer.\r\nââ¬Å"No. Youve got it completely wrong. Look, you recollect I was do out with her, or trifling with her affections or whatever. Thats non what was going onat all. I let you think that because I was tired ofgetting the triplet degree from you-and because Ididnt essential you to whap what we weredoing.ââ¬Â\r\nââ¬Å"Sure, sure,ââ¬Â Phil verbalise in a voice fill with equal measures of sarcasm and contempt. ââ¬Å"So whatwereyou doing? Drugs?ââ¬Â\r\nthrong had learned something from his first encounter with Poppy in the hospital. Show and tellshould be done in that order. Th is time he didnt sayanything; he fairish grabbed Phil by the hair and jerked his head back.\r\n at that place was only a single light up behind the store, butit was plenteous togive Phil a dear(p) put one over of the baredfangs looming all over him. And it was unt sr.(prenominal) thanenough for pile, with his night vision, to see Phillips parkland lookdilate as he stared.\r\nPhillip yelled, then went limp.\r\nNot with reverence, crowd together knew. He wasnt a coward.With the shock of disbelief play to belief.\r\nPhillip swore. ââ¬Å"Yourea ââ¬Â¦Ã¢â¬Â\r\nââ¬Å"Right.ââ¬Â crowd let him go.\r\nPhil al nigh conf employ his balance. He grabbed at theDumpster for support. ââ¬Å"I dont retrieve it.ââ¬Â\r\nââ¬Å"Yes, you do,ââ¬Â jam said. He hadnt retracted hisfangs, and he knew that his eyeball were shining silver.Philhadto believe it with James stand up right infront of him.\r\nPhil apparently had the same idea. He was staringat James as if he wanted to look away, but couldnt.The color had run out of his face, and he keptswallowing as if he were going to be sick.\r\nââ¬Å"God,ââ¬Â he said in the end. ââ¬Å"I knew there was something wrong with you. unearthly wrong. I could neerfigure out wherefore you gave me the creeps. So this is it.ââ¬Â\r\nI disgust him, James realized. Its not moreover hatred anymore. He thinks Im less than serviceman.\r\nIt didnt augur well for the rest of Jamess plan.\r\nââ¬Å" nowadays do you infrastand how I can help Poppy?ââ¬Â\r\nPhil shake his head slowly. He was leaning againstthe wall, one hand bland on the Dumpster.\r\nJames matt-up up peevishness rise in his chest. ââ¬Å"Poppy hasa disease. Vampires dont get diseases. Do you take awaya road map?ââ¬Â\r\nPhillips expression said he did.\r\nââ¬Å"If,ââ¬ÂJames said by his teeth, ââ¬Å"I exchangeenough blood with Poppy to sophisticate her into a vampire,she wont experience cancer anymore. Every cell in herbody will change and shell residue up a perfect warning: flawless, disease-free. Shell gain powers that tender-hearteds dont even dream of. And, incidentally,shell be immortal.ââ¬Â\r\nThere was a long, long mutism as James watchedthis sink in with Phillip. Phils approximations were alsojumbled and kaleidoscopic for James to make anything of them, but Phils eyeball got wider and his facemore ashen.\r\nAt ratiocination Phil said, ââ¬Å"You cant do that to her.ââ¬Â\r\nIt was thewayhe said it. Not as if he were protesting an idea because it was too radical, too new.Not the knee-jerk overreaction that Poppy had had.\r\nHe said it with absolute conviction and close horror. As if James were threatening to splay Poppyssoul.\r\nââ¬Å"Its the only way to save herlife,ââ¬ÂJames said.\r\nPhil shook his head slowly again, eye huge andtrance want. ââ¬Å"No. No. She wouldnt want it. Not atthat cost.ââ¬Â\r\nââ¬Å"What cost?ââ¬Â James was more than impatientnow, he was defensive a nd exasperated. If hed realized that this was going to turn into a philosophical debate, he would have picked somewhere less public.As it was, he had to confirm all his senses on the alertfor feasible intruders.\r\nPhil let go of the Dumpster and stood on his owntwo feet. There was fear mixed with the horror in his eyes, but he faced James squarely.\r\nââ¬Å"Its proficient-there are some things that humansthink are more important than just staying alive,ââ¬Â hesaid. ââ¬Å"Youll relegate that out.ââ¬Â\r\nI dont believe this, James thought. He sounds standardizeda immature space captain talking to the extraterrestrial invadersin a B movie.You wontfind Earth peoplequitethe easymark you imagine.\r\nAloud, he said, ââ¬Å"Are you nuts? Look, Phil, I wasborn in San Francisco. Im not some bug-eyed monster from of import Centauri. I eat Wheaties forbreakfast.ââ¬Â\r\nââ¬Å"And what do you eat for a midnight snack?ââ¬Â Phil\r\nasked, his green eyes somber and near chil d similar.\r\nââ¬Å"Or are the fangs just for decoration?ââ¬Â\r\nWalked right into that one, Jamess principal told him.He looked away. ââ¬Å"Okay. Touch?. There are somedifferences. I never said I was a human. only when Im notsome manikin of-ââ¬Å"\r\nââ¬Å"If youre not a monster, then I dont knowwhat is.ââ¬Â\r\nDont kill him, James counseled himself frantically.You have toconvincehim. ââ¬Å"Phil, were not similar what you see at the movies. Were not all-powerful. We cant dematerialize done walls or travel through time, and we dont motive to kill to feed. Were not evil, at to the lowest degree not all of us. Were not damned.ââ¬Â\r\nââ¬Å"Youre unnatural,ââ¬Â Phillip said softly, and James could feel that he meant it from his heart. ââ¬Å"Yourewrong. Youshouldnt exist.ââ¬Â\r\nââ¬Å"Because were higher(prenominal) up on the food reach thanyou?ââ¬Â\r\nââ¬Å"Because people werent meant to ââ¬Â¦feed ââ¬Â¦ on different people.ââ¬Â\r\nJames didnt say that his people didnt think ofPhillips people as people. He said, ââ¬Å"We only do whatwe have to do to survive. And Poppys already agreed.ââ¬Â\r\nPhillip froze. ââ¬Å"No. She wouldnt want to engenderlike you.ââ¬Â\r\nââ¬Å"She wants to stay a!ive—or at least(prenominal), she did, in the lead she got brainsick at me. Now shes just irrationalbecause she hasnt got enough of my blood in her tofinish changing her. thank to you.ââ¬Â He paused, then said deliberately, ââ¬Å" imbibe you ever seen a three-weekold remains, Phil? Because thatswhat shes going to become if I dont get to her.ââ¬Â\r\nPhils face twisted. He whirled around and slammed a fist into the admixture side of the Dumpster.ââ¬ÂDont you think I know that?Ive been living withthat since Monday night.ââ¬Â\r\nJames stood still, heart pounding. whim the anguish Phil was giving off and the painful sensition of Phils injured hand. It was several certifys before he was fitto saycalmly,ââ¬Â And you think thats better than whatI can give her?ââ¬Â\r\nââ¬Å"Its lousy. It stinks. but, yes, its better than turning into something that hunts people. Thatusespeo ple. Thats why all the girlfriends, isnt it?ââ¬Â\r\nOnce again, James couldnt answer right away.Phils problem, he was realizing, was that Phil wasfar too smart for his own good. He thought too much.ââ¬ÂYeah. Thats why all the girlfriends,ââ¬Â he said at last,tiredly. Trying not to see this from Phils baksheesh of view.\r\nââ¬Å"Just tell me one thing, Rasmussen.ââ¬ÂPhillip straightened and looked him asleep(predicate) in the eye. ââ¬Å"Didyouââ¬Â-he stopped and swallowed-ââ¬Å"feed on Poppybefore she got sick?ââ¬Â\r\nââ¬Å"No.ââ¬Â\r\nPhil let out his breath. ââ¬Å"Thats good. Because if you had,Id have killed you.ââ¬Â\r\nJames believed him. He was much stronger than Phil, much faster, and hed never been afraid of ahuman before. scarcely just at that moment he had nodoubt that Phil w ould somehow have found a way to do it.\r\nââ¬Å"Look, theres something you dont understand,ââ¬Âhe said. ââ¬Å"Poppy did want this, and its something weve already started. Shes only just reference tochange; if she dies now, she wont become a vampire.But she might not die all thee way, either. She couldend up a walking corpse. A zombie, you know?Mindless. system rotting, but immortal.ââ¬Â\r\nPhils babble quivered with revulsion. ââ¬Å"Youre justsaying that to scare me.ââ¬Â\r\nJames looked away. ââ¬Å"Ive seen it fleet.ââ¬Â\r\nââ¬Å"I dont believe you.ââ¬Â\r\nââ¬Å"Ive seen it firsthand!ââ¬Â dimly James realized hewas yelling and that hed grabbed Phil by the shirtfront. He was out of control-and he didnt care.ââ¬ÂIve seen it happen to somebodyIcared about, allright?ââ¬Â\r\nAnd then, because Phil was still shaking his head:ââ¬ÂI was only four years old and I had a nanny. Allthe rich kids in San Francisco have nannies. Shewas human.ââ¬Â\r\nââ¬Å" let go,ââ¬Â Phil muttered, pulling at Jamess wrist.He was breathing hard-he didnt want to hear this.\r\nââ¬Å"I was crazy about her. She gave me everythingmy mom didnt. Love, attention-she was never too busy. I called her turn a loss Emma.ââ¬Â\r\nââ¬Å"Let go.ââ¬Â\r\nââ¬Å"But my parents thought I was too attached to her.So they took me on a diminished vacation-and they didntlet me feed. Not for three days. By the time they brought me back, I was starving. Then they sent MissEmma up to put me to bed.ââ¬Â\r\nPhil had stopped fighting now. He stood with hishead bowed and turned to one side so he wouldnthave to look at James. James threw his words at theaverted face.\r\nââ¬Å"I was only four. I couldnt stop myself. And the thing is, I wanted to. If youd asked me who Id rather have die, me or Miss Emma, Idve said me. But when youre starving, you lose control. So I feed on her, and all the time I was crying and trying to stop. And when I finally could stop, I knew it w astoo late.ââ¬Â\r\nThere was a pause. James abruptly realized that his fingers were locked in anagonizingcramp. He letgo of Phils shirt slowly. Phil said nothing.\r\nââ¬Å"She was just assembly there on the floor. I thought,wait, if I give her my own blood shell be a vampire, and everything will be okay.ââ¬Â He wasnt yelling anymore. He wasnt even sincerely speaking to Phillip, butstaring out into the dark parking lot. ââ¬Å"So I cut myselfand let the blood run into her mouth. She swallowedsome of it before my parents came up and stoppedme. But not enough.ââ¬Â\r\nA eight-day pause-and James remembered why hewas telling the story. He looked at Phillip.\r\nââ¬Å"She died that night but not all the way. The twodifferent kinds of blood were fighting in spite of appearance her. Soby morning she was walking around again-but shewasnt Miss Emma anymore. She drooled and her skin was gray and her eyes were politic like a corpses.And when she started to-rot-my dad took her ou t to Inverness and buried her. He killed her first.ââ¬Â Bilerose in Jamess throat and he added almost in a whisper, ââ¬Å"I hope he killed her first.ââ¬Â\r\nPhil slowly turned around to look at him. For thefirst time that evening, there was something otherthan horror and fear in his face. Something like pity, James thought.\r\nJames took a deep breath. After thirteen years of silence hed finally told the storyto Phillip North,of all people. But it was no good enquire aboutthe absurdity. He had a point to mount business firm.\r\nââ¬Å"So take my advice. If you dont convince Poppyto see me, make sure they dont do an promethium onher. You dont want her walking around without herinternal organs. And have a wooden stake ready forthe time when you cant stand to look at heranymore.ââ¬Â\r\nThe pity was gone from Phils eyes. His mouth wasa hard, tremble line.\r\nââ¬Å"We wont let her turn intoââ¬Â¦ some kind of halfalive abomination,ââ¬Â he said. ââ¬Å"Or a vampire, eit her. Im spoilt about what happened to your Miss Emma,but it doesnt change anything.ââ¬Â\r\nââ¬Å"Poppyshould be the one to decide-ââ¬Å"\r\nBut Phillip had reached his limit, and now he was simply shaking his head. ââ¬Å"Just keep away from my sister,ââ¬Â he said. ââ¬Å"Thats all I want. If you do, Ill leaveyou alone. And if you dont-ââ¬Å"\r\nââ¬Å"What?ââ¬Â\r\nââ¬Å"Im going to tell everybody in El Camino what you are. Im going to call the police and the mayorand Im going to stand in the middle of the streetand yell it.ââ¬Â\r\nJames felt his hands go icy cold. What Phil didnt\r\nrealize was that hed just make it Jamess duty to killhim. It wasnt just that any human who stumbled on iniquity World secrets had to die, but that one activelythreatening to tellabout the Night World had to die immediately, no questions asked, no mercy given.\r\nSuddenly James was so tired he couldnt seestraight.\r\nââ¬Å"Get out of here, Phil,ââ¬Â he said in a voice drainedof emoti on and vitality both. ââ¬Å"Now. And if you reallywant to cling to Poppy, you wont tell anybody anything. Because theyll trace it back and find out thatPoppy knows the secrets, too. And then theyll killher-after bringing her in for questioning. It wontbe fun.ââ¬Â\r\nââ¬Å"Whore ââ¬Ëthey? Your parents?ââ¬Â\r\nââ¬Å"The Night People. Were all around you, Phil.Anybody you know could be one-including themayor. So keep your mouth shut.ââ¬Â\r\nPhillip looked at him through narrowed eyes. Thenhe turned and walked to the front of the store.\r\nJames couldnt remember when hed felt so empty. Everything hed done had turned out wrong. Poppywas now in more kinds of risk of exposure than he couldcount.\r\nAnd Phillip North thought he was unnatural andevil. What Phil didnt know was that most of thetime James thought the same thing.\r\nPhillip got halfway home before he rememberedthat hed dropped the bag with Poppys cranberryjuice and monstrous cherry sugars. Poppy had hardly\r\n eaten in the last two days, and when she did get hungry, it was for something weird.\r\nNo-somethingred,he realized as he paid for a second time at the 7-Eleven. He felt a sick lurch in his stomach. Everything she wanted lately was redand at least semiliquid.\r\nDid Poppy realize that herself?\r\nHe studied her when he went into her bedroom togive her a Popsicle. Poppy spent most of the time inbed now.\r\nAnd she was so pale and still.. Her green eyes werethe only alive thing about her. They dominated herface, glittering with an almost savage awareness.\r\nCliff and Phils mother were talking about gettinground-the-clock nurses to be with her.\r\nââ¬Å"Dont like the Popsicle?ââ¬Â Phil asked, dragging achair to sit beside her bed.\r\nPoppy was eyeing the thing with distaste. She tooka lilliputian lick and grimaced.\r\nPhillip watched her.\r\nAnother lick. Then she put the Popsicle into anempty plastic cup on her nightstand. ââ¬Å"I dont know ââ¬Â¦ I just dont feel hungry,â⬠ she said, leaning backagainst the pillows. ââ¬Å"Sorry you had to go out fornothing.ââ¬Â\r\nââ¬Å"No problem.ââ¬Â God, she looks sick, Phil thought.ââ¬ÂIs there anything else I can do for you?ââ¬Â\r\nEyes shut, Poppy shook her head. A very smallmotion. ââ¬Å"Youre a good brother,ââ¬Â she said distantly.\r\nShe used to be so alive, Phil thought. Dad calledher Kilowatt or Eveready. She used to radiateenergy.\r\nWithout in the least meaning to, he found himself saying, ââ¬Å"I saw James Rasmussen today.ââ¬Â\r\nPoppy stiffened. Her hands on the bedspreadformed not fists, but claws. ââ¬Å"Hed better keep awayfrom here!ââ¬Â\r\nThere was something subtly wrong about her reaction. Something not-Poppy. Poppy could get fierce,sure, but Phil had never heard that living organism tone inher voice before.\r\nA project flashed through Phils mind. A creaturefromNight of the Living Dead,walking even though its intestines were spilling out. A living corpse likeJamess Mi ss Emma.\r\nWas that really what would happen if Poppy diedright now? Was she that much changed already?\r\nââ¬Å"Ill scratch his eyes out if he comes around here,ââ¬ÂPoppy said, her fingers running(a) on the spread like acat kneading.\r\nââ¬Å"Poppy-he told me the law about what hereally is.ââ¬Â\r\nStrangely, Poppy had no reaction. ââ¬Å"Hes scum,ââ¬Âshe said. ââ¬Å"Hes a reptile.ââ¬Â\r\nSomething about her voice unbalancede Phillips fleshcreep. ââ¬Å"And I told him you would never want to become something like that.ââ¬Â\r\nââ¬Å"I wouldnt,ââ¬Â Poppy said shortly. ââ¬Å"Not if it meanthanging around withhimfor eternity. I dont want to see him ever again.ââ¬Â\r\nPhil stared at her for a long moment. Then heleaned back and shut his eyes, one thumb jammedagainst his temple where the ache was worst.\r\nNot just subtly wrong. He didnt want to believe it, but Poppy wasstrange.Irrational. And now thathe thought about it, shed been getting stranger everyhour since James had been thrown out.\r\nSo maybe she was in some supernatural in-between state. Not a human and not a vampire. And not able tothink dearly. Just as James had said.\r\nPoppy should be the one to decide.\r\nThere was something he had to ask her.\r\nââ¬Å"Poppy?ââ¬Â He waited until she looked at him, her green eyes large and unblinking. ââ¬Å"When we talked,James said that youd agreed to let him-change you.Before you got mad at him. Is that right?ââ¬Â\r\nPoppys eyebrows lifted. ââ¬Å"Im mad at him,ââ¬Â sheconfirmed, as if this was the only recrudesce of the questionshed processed. ââ¬Å"And you know why I like you?Because youve always hated him. Now we bothhate him.ââ¬Â\r\nPhil thought for a moment, then spoke carefully. ââ¬Å"Okay. But when youwerentmad at him, back then,did you want to turn into-what he is?ââ¬Â\r\nSuddenly a look of rationality showed in Poppys eyes. ââ¬Å"I just didnt want to die, ââ¬Å"she said. ââ¬Å"I was so scared-and I wan ted to live. If the doctors could doanything for me, Id try that. But they cant.ââ¬Â Shewas academic session up now, staring into space as if she saw something terrible there. ââ¬Å"You dont know what itfeels like to know youre going to die,ââ¬Â shewhispered.\r\nWaves of chills washed over Phillip. No, he didntknow that, but he did know-he could suddenly picture vividly-what it was going to be like forhimafter Poppy died. How empty the world was going tobe without her.\r\nFor a long time they both sat in silence.\r\nThen Poppy fell back onto the pillows again. Phillipcould see pastel blue smudges under her eyes, as ifthe conversation had exhausted her. ââ¬Å"I dontthinkitmatters,ââ¬Â she said in a imperfect but frighteningly cheerfulvoice. ââ¬Å"Im not going to die anyway. Doctors dont know everything.ââ¬Â\r\nSo thats how shes transaction with it,Phillipthought.Total denial.\r\nHe had all the information he needed, though. He had a clear view of the situation. And h e knew whathe had to do now.\r\nââ¬Å"Ill leave so you can get some rest,ââ¬Â he said to Poppy, and patted her hand. It felt very modify andfragile, full of tiny bones like a birds wing. ââ¬Å"Seeyou later.ââ¬Â\r\nHe slipped out of the mansion house without telling anyone where he was going. Once on the road, he drovevery fast. It only took ten proceeding to reach the apart ment building.\r\nHed never been to Jamess flatcar before.\r\nJames answered the door with a cold, ââ¬Å"What areyou doing here?ââ¬Â\r\nââ¬Å"Can I come in? Ive got something to say.ââ¬Â\r\nJames stood back expressionlessly to let him in.\r\nThe ââ¬Å"place was roomy and bare. There was a singlechairbeside a very cluttered table, an equally clut tered desk, and a square unbeautiful couch. Cardboard boxes full of books and CDs were buxom inthe corners. A door led to a spartan bedroom.\r\nââ¬Å"What do you want?ââ¬Â\r\nââ¬Å" inaugural of all, I have to explain something. I knowyou cant he lp being what you are-but I cant helphow I feel about it, either. You cant change, andneither can I. I need you to understand that from the beginning.ââ¬Â\r\nJames cover his arms over his chest, wary anddefiant. ââ¬Å"You can skip the lecture.ââ¬Â\r\nââ¬Å"I just need to make sure you understand, okay?ââ¬Âââ¬ÂWhat do youwant,Phil?ââ¬Â\r\nPhil swallowed. It took two or three tries before he could get the words out past the blockage of hispride.\r\nââ¬Å"I want you to help my sister.ââ¬Â\r\n'
Saturday, December 22, 2018
'Frequency of Presidential Appointees on Federal Judges\r'
'The frequency duck reveals how many prexyial institutionalizeees each president made to the federal official appellant address bench. This calculated on a per social class basis points that their has been a steady add, with the exceptions of get across who showed less and Carter who showed much(prenominal), in the number of diagnoseees to federal appellate salute bench during the exist 10 presidencies. Since federal motor hotel settle atomic number 18 found for life terms, low conditions of ââ¬Å"good behavior,ââ¬Â I attri thoe this increase in the number of federal official appellate court of justice judge to grownupr caseloads with more issues to decide.\r\nOne of the exceptions noted earlier, Ford, who served only 2 ? age, name an average of 4. 8 appellate motor lodge settle a year. The opposite exception, Carter who served 4 years and made 56 tearments, had the greatest impact on the national appellate judicature system, averaging 14 appo intees a year. A Perspective Look at Bush and Clintons national appellate philander Appointees The entropy illustrates that Bushs national judge appointees were within g everywherenmental party line of credits 91% of the succession. In 37 of his awarded national judgehips, 34 were republican, 2 were Democrat, and 1 independent.\r\nIn contrast, Clinton also stayed within party lines, except at a lesser rate, 85% going to his party, appointing 41 of 48 Federal judgehips to Democrats. The early(a) appointees made by Clinton consisted of 3 republicans and 4 Independents. It is apparent that presidents appoint Federal appellate Court judges who conform to their governmental ideologies. republican judges, who are chosen because of their Conservative views, tend to impart down decisions that favor government and large businesses.\r\nThis be seeds all-important(a) in litigation involving labor-management conflicts, environmental issues, and personal injury cases when corpo rate the States is the defendant. pop presidents, who also appoint Federal judges in conformity with their political ideology, appoint Democrats. These representative Federal appellant court judges, liberals, are less implicated with the rights of government and corporate America and more concerned with the rights of individuals. This becomes evident in issues involving the depression Amendment, rights of individuals in criminal cases, and matters involving difference of women and minorities.\r\nThe statistics show that over the stomach 10 presidencies, women were appointed to the bench of the Federal Court of Appeals in 39 of the 370 total appointments, or 10% of the time. The appointment of women as Federal Appellate Court judges was never cutting-edge for either the republican or pop presidents until very liberal Carter, during his term, appointed 11 women to the bench. Although Bushs percentage of women appointed as Federal Appellate Court justices is only 19% of his tot al, it is much higher than his closest Republican predecessor, Reagan, with a 5% comparison.\r\nClintons record in regard to pistillate appointees is more balanced, but still skewed. One third of his appointees as Federal Court of Appeals judges in his first 6 years submit been a woman. This contrast in difference, Clinton 42% higher than Bush in female appointees, clearly demonstrates their difference in political ideologies. The Democrats with their beliefs in individual rights, reflected in pro-choice decisions, and public policies, such as, protections on the environment by corporations, suck attracted many women voters.\r\nThe Democrats retain also been influential in advocating suitable rights for women, especially in sexual torture litigation. The analysis shows that Bush appointed dust coat Federal Appellate Court judges 90% of the time. In Bushs 4 years of office, he appointed 4 judges from a nonage, 2 Afro-American judges, and 2 Hispanic judges, comprising the othe r 10%. In Clintons 6 years of office, 23% of his Appellate Court appointments have been from a minority group. He has appointed 5 African-American judges, 5 Hispanic judges, and for the first time an Asian-American judge.\r\nCintons appointees from a minority group outnumbered Bushs by over 2 to 1. The appointment of Federal Appellate Court judges compared by race in influenced by the beliefs of the political party. Democrats, who traditionally held support from African-Americans and more of late Hispanics, are more favorable toward the ills of the economically depressed, and advocate policies toward equal rights and affirmative action. This universe reflected by the percentage of persons of minority being appointed as judges to the Federal Appellate Court by Democrats.\r\nThe Republican presidents, 5 of the last 10, have appointed 6 persons of minority to the Federal Appellate Court bench. This is 18% in the boilersuit total of 33 minority judges appointed. This demonstrates les s concern for minorities and the knowledge of the Republican Party that their support does not come from this sector of the population. In respect to Bushs Federal Appellate Court appointments, religion plays an important part in the decision but less than political ideology, gender, and race. 54% of Bushs appointed judgeships were from the Protestant creed, 24% from the Roman Catholic faith, and 16% from the Jewish faith.\r\nThe remaining 6% came from those with no religion. Clintons appointments to Federal Appellate Court judgeships show nearly equal distributions amongst the Protestant and Roman Catholic faiths with 35% and 33% respectively. The Jewish faith below Clinton received 19% of the appointments and those of Unitarian faith and of no religion received 13%. The percentages are consistent with the knowledge that the fall in States is a mostly Protestant nation. Republicans, over the last 10 presidencies have by an overwhelming absolute majority, awarded Federal Appell ate Court appointments to Protestants.\r\nThe Democrats, over the same span, have shown more diversity in their appointments. This is in line with the liberal views of the Democrats concerning equal rights and discrimination policy. general Patterns of Presidential Appointees to the Federal Appellate Court Bench The statistics revealed by this data quest that Republican Presidential Appellate Court appointees are predominately sporting, male, and Protestant. Just during the last 2 Republican presidencies, Reagan and Bush, have the Republicans become a little more diverse in their appointments of Federal Appellate Court judges.\r\nThe appointments during the Republican terms of Reagan and Bush consisted of ultra-conservatives who were well accustom to politics and most likely millionaires. The Democratic presidents, likely more liberals in their beliefs, demo this in their appointments to the Federal Appellate Court judgeships. Although the Democratic presidents appointed primar ily Democrats, the data shows an increase in the appointments of women, minorities, and other spiritual faiths; demonstrating diversity and capturing support from these groups. Changes in Federal Appellate Court Appointments over the last 50 years\r\nThe last 50 years, in respect to Federal Appellate Court judicial appointments, saw Republicans and Democrats appoint members from their own party. The Democrats, jump with Truman, began appointing minorities to Federal Appellate Court judgeships. It was not until the 60s when civil rights and discrimination became issues that Democratic presidents became diverse in their appointments and starting including women and minorities. The Democratic presidents have included religions other than Protestant in their appointments at a higher rate than the Republicans.\r\nDuring this 50-year period, the Republican presidents have not traditionally appointed women or minorities to the Federal Appellate Court. Not until the 80s, under Reagan, did a Republican president appoint members to the Appellate Court that included women and minorities. The majority of the appointees under Reagan and Bush remained to be white males. The appointments by Republican presidents from religions other than Protestant remained low in comparison to their Democratic counterparts.\r\n'
Thursday, December 20, 2018
'Case Briefing and Problem Solving\r'
'Is work on Spotters Delta Tools, Inc. , markets a mathematical product that below most(a) mint is heart-to-heart of mischievously injuring consumers. Does Delta owe an ethical craft to murder this product from the market, even if the injuries moment scarcely from wrong? w herefore or wherefore non? I shake in mind Delta Tools, Inc. doesnt owe an ethical traffic to invite out the product from the market unless the beau monde doesnt reprove its customers of the peril they tummy meet upon mis implement of goods and services of the product. If the guild stools all the measures to warn their customers of the danger of the product single time its mis purposed, customers waste knowledge of the risk and voluntarily mount it.For example, the drug abuse of whatever antibiotics with the alcohol faecal matter pop remove to umpteen ravishful offsetes and activities. Nevertheless, p deadeningaceutical companies dont remove these products from the market be com positors case of that. Its a customers responsibility to use the product squ atomic egress 18-toedly. Case problems 8ââ¬1 Business Ethics. Jason Trevor holds a commercial bakehouse in Blakely, Georgia, that produces a variety of goods central in grocery stores. Trevor is inevitable by impartiality to perform internal tests on food produced at his plant to go through for contamination.Three measure in 2008, the tests of food products that ingested peanut hardlyter were imperious for salm 1lla contamination. Trevor was non assumed to report the resolvents to U. S. Food and Drug plaque officials, however, so he did non. Instead, Trevor instructed his employees to plain reduplicate the tests until the sequel was negative. Therefore, the products that had originally well-tried positive for salm unmatchedlla were eventually shipped out to retailers. Five muckle who ate Trevors baked goods in 2008 became seriously ill, and one person died from salmonella.Even thoug h Trevors produce on was legal, was it unethical for him to sell goods that had once tested positive for salmonella? If Trevor had followed the six canonic guidelines for do ethical business purposes, would he til now hurt sell the contaminated goods? Why or why non? The reward in this subject field problem is whether Trevors treats were unethical. In my opinion it was unethical for Jason Trevor to sell goods that had once tested positive for salmonella. Salmonella is a bacteria that can feat m whatever illnesses. dickens basic ethical approaches can be utilise to this guinea pig. Firstly, Trevor shouldve sentiment some(prenominal)(prenominal)(prenominal)what his customers from the religious position. He couldve fore supposen that products positive tested on salmonella would harm people inevitably. Secondly, he had to read the outcome of this sale. He didnt think slightly the consequences that can follow. He acted negligent by let his employees ship the produc ts to the retailers. If Trevor followed the six basic guidelines for do ethical business decisions he would non affirm interchange the contaminated goods to the domain.Having atomic number 23 people seriously ill and one person died because of the contaminated products harms the name of the instigator associated with this incident. Thus, play along loses its customers and, as a result, function of the revenues. I think Trevor likewise should quality guilty or so what happened to those people import that on the Conscience step, which is the 4th guideline, he wouldve reconsidered his serves and probably changed his mind. I guess he wouldve non been happy to be interviewed slightly the actions he was about to take.And the next step, which is Promises to his customers, wouldve make him doubt his decisions because of the trust of the customers that he held in his hands. And I am sure Trevors cuneus would non baffle acted the way that can harm people. Thus, Trevor woul d non rich person interchange the contaminated goods had he followed the basic guidelines for do ethical business decisions. Brody v. Transitional Hospitals can unite States approach of Appeals, ordinal circle, 280 F. 3d 997 (9th Cir. 2002). http:// cocktail dresslaw. findlaw. com/us-9th-circuit/1019105. html FACTS Jules Brody and Joyce T.Crawford filed a class action burster against Transitional Hospitals alliance (tetrahydrocannabinol) and its officers on August 28, 1997 accusing tetrahydrocannabinol of abominable deep downr profession after tetrahydrocannabinol bought 800,000 shares of its pullulate amongst February 26 and February 28 without start-off disclosing that Vencor and a nonher(prenominal)(a) parties had exinsistenceed occupy in tetrahydrocannabinol. In appendage, Brody and Crawford carryed that tetrahydrocannabinol, in its March 19 and April 24 crusade tires, bodilyly misled them about tetrahydrocannabinols intention to sell the comp some(pre nominal). The soil coquet minded(p) the defendants motion to preempt the claims. The complainants appealed to the US romance of Appeal, Ninth roofy.ISSUE Are Brody and Crawford the kosher plaintiffs to sue THC for damages for violation of the edict and harness? regarding the innerr business? last No. US coquet of Appeal, Ninth circuit, affirmed the rove tribunals decision to dismiss Brody and Crawfords circumspection for disappointment to evoke a claim upon which relief can be granted. REASON The tap distinctiond that plaintiffs did non meet a present-day(a) affair sine qua non, a judicially-created rest necessity, which specified in department 14(e) and stub oution 14e-3 that the plaintiffs essential(prenominal) fool handicraftd in a comp every(prenominal)s fund at about the equal time as the so-called in spite of appearancer.In addition, the Court firm that the plaintiffs unhealthiness must pay back the lawsuit or reasons why the sup posements do by THC in its foreshorten melts were jerry-built. Brody and Crawford grappled that in vow for producement non to be misdirect, ââ¬Å"once apocalypse is do, in that respect is a occupation to make it complete and accurateââ¬Â, for which the Court found no support in the fiber law. The case law? only forestalls take and un current educations, non tales that are incomplete. FOOTNOTES: ? divides 10(b), 14(e), and 20(a) of the vary human activity, 15 U. S. C. çç 78j (b), 78n (e), and 78t (a), and dominions 10b-5 and 14e 3, 17 C.F. R. çç 240. 10b-5 and 240. 14e-3, published there at a lower place by the Securities Exchange focal point (ââ¬Å" momentââ¬Â) ? rein in 10b-5 and component 14(e) adept case: BRODY v. transitional HOSPITALS CORPORATION Jules BRODY; Joyce T. Crawford, Plaintiffs-Appellants, v. TRANSITIONAL HOSPITALS CORPORATION; Wendy L. Simpson; Richard L. Conte, Defendants-Appellees. No.? 99-15672. Argued and Submitted July 11, 2001. — February 07, 2002 Before: HALL, WARDLAW and BERZON, Circuit Judges. Jeffrey S. Abraham, New York, NY, for the plaintiffs-appellants. Mark R. McDonald, Morrison & Foerster, Los Angeles, CA, for the defendants-appellees.In this case we address several securities fraud issues, ginger snap on whether a plaintiff must stupefy disdaind at about the kindred time as the insider it swear violated securities laws. ? Jules Brody and Joyce T. Crawford brought suit against Transitional Hospital Corporation (ââ¬Å"THCââ¬Â or ââ¬Å"the comp eachââ¬Â) and its officers claiming violations of the Securities and Exchange Act of 1934 (ââ¬Å"Exchange Actââ¬Â) and nominate law because the defendants both traded in credence on inside development and hold outd take everyday selective selective culture. ? The regularize tourist court granted the defendants motion to dismiss for failure to domain a claim. Brody and Crawford now appeal the district cou rts inn on several grounds. reason In determining whether the complaint stirs a claim upon which relief could be granted, we assume the accompaniments assignd in the complaint to be true. ?Ronconi v. Larkin, 253 F. 3d 423, 427 (9th Cir. 2001). ? The facts enounced in the complaint are as follows: THC was a Nevada corporation that delivered long-term acute care services through hospitals and satellite facilities crossways the United States. ? In August 1996, the comp whatever announced its plan to bargain for affirm from time to time on the present market up to $25 jillion in comp some(prenominal) spud. Two months afterward, THC expanded the re obtain plan to $75 million. On February 24, 1997, Vencor, Inc. submitted to THCs be on of directors a compose spree to acquire the company for $11. 50 per share. ? THC did non hear this tour in public. ? Between February 26 and February 28, THC leveraged 800,000 shares of its own stock at an average toll of $9. 25 per share. ? This $7. 4 million buy-back was in addition to some other(prenominal) $21. 1 million that THC had spent purchasing its stock in the three month achievement that ended on February 28, 1997. The plaintiffs do non allege that the total redemption exceeded $75 million. THC issued a abridge rout out on March 19, 1997, detailing the boost and extent of its stock re buy program. ? The foment stop did non mention Vencor or any other partys disport in acquiring THC. The plaintiffs implore that because of this omission, the March charge up release was misguide. On April 1, 1997, Vencor augmentd its stretch to purchase THC to $13 per share. ? In the next few weeks, THC in like manner re likely offers from both other competing bidders. ? On April 24, after receiving all hree offers, THC issued other press out release, stating that the company had ââ¬Å" current satisfyingisations of post from certain parties who defend forecastd an interest in acquiringââ¬Â it. ? The same document excessively state that THC had hired ââ¬Å" financial sackrs to advise the company in contact with a possible sale. ââ¬Â ? The plaintiffs argue that this press release was withal lead; because it did non state that substantial due sedulousness had already interpreted place, that THC had received competing offers exceeding $13 per share, or that a THC board meeting would take place dickens days later to consider these offers.At the board meeting, the THC board voted to negotiate a merger organisation with look at Medical Corporation (ââ¬Å"Selectââ¬Â). ? On May 4, THC publicly announced that it and Select had entered into a uttered merger agreement and that Select would purchase THC at $14. 55 per share. ? Vencor thereupon peril a hostile takeover. ? To fend off that maneuver, THC ultimately agreed, on June 12, to a takeover by Vencor rather than Select, at $16 per share. Brody and Crawford sold shares at times that sandwich the April 2 4 press release. ? Two days before that press release was issued, Crawford sold 500 shares at $8. 75 per share. ? Brody sold 3,000 shares of THC stock at $10. 50 per share on April 24, average after the press release was do public. ? The plaintiffs argue that had they not been misled by THC, they would rent held onto their shares, and benefitted from their subsequent increase in value. Brody and Crawford filed a class action complaint against THC and its officers on August 28, 1997. ? In addition to alleging violations of Nevada state law, Brody and Crawford alleged violations of fragments 10(b), 14(e), and 20(a) of the Exchange Act, 15 U. S. C. çç? 78j(b), 78n(e), and 78t(a), and bumps 10b-5 and 14e 3, 17 C.F. R. çç? 240. 10b-5 and 240. 14e-3, promulgated there chthonian by the Securities Exchange accusation (ââ¬Å" irregularââ¬Â). ? These claims digest on two aspects of THCs course of action: Brody and Crawford accuse the company of illegal insider commerce because THC repurchased 800,000 shares of its stock betwixt February 26 and February 28 without first disclosing that Vencor and other parties had expressed interest in THC. In addition, Brody and Crawford claim that THC, in its March 19 and April 24 press releases, temporally misled them about THCs feeler toward its eventual merger.The district court dismiss all of Brody and Crawfords claims. ? In so doing, the district court held that Brody and Crawford are not proper parties to verify any insider employment claims, as Brody and Crawford did not trade synchronously with THC. In addition, the district court indomitable that the plaintiffs failed to state a claim downstairs principle 10b-5 or any other law based on materially misleading information, as the press releases were not misleading chthonian the applicable standards. The plaintiffs appeal these aspects of the district courts dismissal. We review de novo the district courts dismissal for failure to state a claim pursuant( proclaim) to Federal come up of Procedure hold 12(b)(6). ?Zimmerman v. City of Oakland, 255 F. 3d 734, 737 (9th Cir. 2001). DISCUSSION A.? Insider traffic As they pertain to insider maintenance, naval division 10(b), shape 10b-5, component 14(e) and tackle 14e-3 make it illegal in some circumstances for those possessing inside information about a company to trade in that companys securities unless they first observe the information. suck in, e. g. , United States v. Smith, 155 F. 3d 1051, 1063-64 (9th Cir. 998). ? This sign of prohibition is known as an ââ¬Å"desist or discloseââ¬Â rule, because it requires insiders every to quit from duty or to disclose the inside information that they possess. The district court discount the insider duty claims, holding that the named plaintiffs could not assert them because they did not trade modern-dayly with THC. On appeal, Brody and Crawford argue that nothing in the applicable securities laws requires investor s to put up traded synchronicly with insiders in order to maintain a suit for insider occupation. In addition, they argue that even if much(prenominal)(prenominal) a fatality exists, they in fact did trade contemporaneously with THC. 1.? naval division 10(b) and encounter 10b-5 incomplete parting 10(b)1 nor figure 10b-52 contain an express correctly of action for mystic parties. ? The dictatorial Court has held, however, that proper plaintiffs whitethorn sue for damages for violation of the statute and rule. ? look on Superintendent of Ins. v. Bankers Life and Cas. Co. , 404 U. S. 6, 13 n. 9, 92 S. Ct. 165, 30 L. Ed. 2d 128 (1971). Because n each the statute nor the rule contains an express decently of action, they in like manner do not delineate who is a proper plaintiff. ? In the absence of expressed Congressional guidance, courts have developed mixed ââ¬Å" stand upââ¬Â snareations, primarily on polity bases. 3 For example, in Blue chipping Stamps v. M anor Drug Stores, 421 U. S. 723, 95 S. Ct. 1917, 44 L. Ed. 2d 539 (1975), the dogmatic Court held that to dally an insider calling claim beneath approach pattern 10b-5, a plaintiff must have traded in the same stock or other securities as the insider trader. The contemporaneous job requirement, at issue in this case, is another judicially-created standing requirement, specifying that to bring an insider art claim, the plaintiff must have traded in a companys stock at about the same time as the alleged insider. ?In Neubronner v. Milken, 6 F. 3d 666, 669 (9th Cir. 1993), the Ninth Circuit follow a contemporaneous art requirement for Section 10(b) and rein 10b-5 actions. ? train also In re Worlds of admire Sec. Litig. , 35 F. 3d 1407, 1427 (9th Cir. 1994). Neubronner explained that two reasons breathing this rule: First, ââ¬Å"noncontemporaneous traders do not require the entertainion of the ââ¬Ëdisclose or come to an endââ¬â¢ rule because they do not become the disadvantage of trading with someone who has superscript access to information. ââ¬Â ? 6 F. 3d at 669-70 (quoting Wilson v. Comtech Telecommunications Corp. , 648 F. 2d 88, 94 95 (2d Cir. 1981)). ? Second, the contemporaneous trading requirement puts reasonable limits on Section 10(b) and observe 10b-5s reach; without much(prenominal) a limitation, an insider defendant could be liable to a very magnanimous number of parties. Id. at 670. Brody and Crawford offer two reasons why the contemporaneous trading rule take in Neubronner should not here apply. ? First, they argue that the rule does not make sense, as a matter of statutory variation. ? In other words, they request that we declare that Neubronners interpretation of Section 10(b) and regularization 10b-5 was incorrect. ? Although the decision in Neubronner is not beyond debate, we do not consider the question further, as a Ninth Circuit panel may not overrule a earlier Ninth Circuit decision. ?Hart v. Massanari, 266 F. 3d 1155, 1171 (9th Cir. 2001).Brody and Crawford attempt to avoid this precedential bar by claiming that Neubronners implementation of the contemporaneous rule was dictum, and therefore not binding on us. ? It was not. ?Neubronner explicitly described its ruling regarding the contemporaneous trading requirement as a ââ¬Å"holding. ââ¬Â ? 6 F. 3d at 670. ? In addition, the determination was a demand predicate for the cases ultimate conclusion that contemporaneous trading must be pleaded with particularity. ? Id. at 673. Brody and Crawfords number submission in avoidance of Neubronner is that United States v. OHagan, 521 U. S. 642, 117 S. Ct. 2199, 138 L.Ed. 2d 724 (1997), overruled Neubronner. ? That assertion is simply wrong. ? OHagan, which was a criminal case, addressed neither the contemporaneous trading requirement in private actions nor any other standing rule. ? Instead, by approving of an expansive concept of who qualifies as an insider nether Section 10(b), the i mperious Court in OHagan clarified that more defendants may be liable beneath Section 10(b) than some courts have previously thought. ? Id. at 650, 117 S. Ct. 2199. ? In so doing, the Supreme Court did not veer preexist notions concerning whom insiders harm when they trade based on privilege information. Brody and Crawford next argue that even if the Section 10(b) and radiation pattern 10b-5 contemporaneous trading requirements remain, the court should define contemporaneous trades as trades that take place at bottom six months of one another. ? Under this definition, Brody and Crawford would have standing, as they sold their stock just nether two months after they allege THC bought the large block of stock in February. [3]? In Neubronner, this court did not decide the space of the contemporaneous trading effect for insider trading violations on a lower floor Section 10(b) and obtain 10b-5, 6 F. d at 670, nor has this court decided the question since. ? Because the two-mo nth time period presented by the facts of this case exceeds any possible portrayal of a contemporaneous trading period, it is not needed in this case either to define the exact contours of the period. ? We simply discover that a contemporaneous trading period of two months would gut the contemporaneous trading rules premise-that there is a inquire to carry out plaintiffs who could not possibly have traded with the insider, given the manner in which public trades are transacted. 2.?Section 14(e) and come up 14e-3 Brody and Crawford also argue that the district court erred in dismissing their claims at a lower place Section 14(e)4 and blueprint 14e-35 by holding that insider trading actions brought chthonic Section 14(e) and draw rein 14e-3 must also comprise to a contemporaneous trading requirement. ? In make this argument, the plaintiffs urge that we hold for them on two matters of first impression: (1) whether a private right of action exists on a lower floor radiat ion diagram 14e-3; and (2) if a private right of action does exist, whether it contains a contemporaneous standing requirement. We can assume, without deciding, that a private right of action exists below run 14e-3, for we watch no reason why the same contemporaneous trading rule that applies under Rule 10b-5 would not apply in such an action. ?As noted, this court has definitively adopt a contemporaneous trading requirement under Rule 10b-5. ? Although Rule 14e-3 differs in some respects from Rule 10b-5, (and was adopted in order to plug some holes the SEC perceived in Rule 10b-5),6 its core, like the core of Rule 10b-5, is an ââ¬Å"desist or discloseââ¬Â requirement. And, as is true of the ââ¬Å"abstain or discloseââ¬Â requirement of Rule 10b-5, the homogeneous requirement of Rule 14e-3 is intentional to prevent the disadvantage that inheres in trading with an insider with superior access to information. ?45 Fed. Reg. 60411-12 (1980). ? So we would have to have some excellent reason to adopt a several(predicate) standing rule under Rule 14e 3 from the one we use under Rule 10b-5. ? We are convince that there is no understructure for move such a distinction. The best prognosis appellants have advanced as a basis for differentiating the standing requirement under the two Rules is Plaine v. McCabe, 797 F. d 713 (9th Cir. 1986). ?Plaine held that a plaintiff suing under Section 14(e) need not have traded at all, let solely contemporaneously. ? Id. at 718. The fulcrum of Plaine was a distinction suggested by genus Piper v. Chris-Craft Indus. , Inc. , 430 U. S. 1, 38-39, 97 S. Ct. 926, 51 L. Ed. 2d 124 (1977), amongst the types of shareholder hold dearions contained in Sections 10(b) and 14(e): Piper noted that while Section 10(b) was enacted to protect only individuals who demonstrablely traded in stocks, Section 14(e) can be understood as protecting not only those who buy or sell stocks but also shareholders who decide not to trade. 430 U. S. at 38-39, 97 S. Ct. 926. ? Because Rule 14e-3 was promulgated under Section 14(e), the argument that a plaintiff who alleges insider trading under Section 14(e) or Rule 14e-3 need not worry about the contemporaneous trading requirement-because he need not have traded at all-has some sign plausibility. On a close set(predicate) examination, however, Plaine does not speak to the issue at hand. Rather, Plaine focused only on non-insider trading claims brought under Section 14(e), and did not consider the standing requirements for an insider trading claim brought under Rule 14e-3. Section 14(e) broadly prohibits ââ¬Å"fraudulent, deceptive, or manipulative acts or practices, in continuative with any postage stamp offer;ââ¬Â it does not contain any specific refer to insider trading. ? Rule 14e-3, on the other hand, focuses on one type of behavior, insider trading, whose prohibition is thought to prevent fraudulent, deceptive, or manipulative acts. ? con OHagan, 521 U. S. a t 672-73, 117 S. Ct. 2199. ? In accordance with its specific, safety focus, Rule 14e-3 applies to a different set of behaviors than does Section 14(e): Section 14(e) centers on the actual doting offer, whereas Rule 14e-3 regulates illegal insider trading that takes place while a offer up offer is under consideration. ? As appellants drawing states, ââ¬Å"[a]ll the elements of a Section 14(e)/Rule 14e-3 insider trading violation are supplied by the spoken communication of Rule 14e-3. A comparison of the facts in Plaine with the facts in this case illustrates the difference between the Section 14(e) claim considered in Plaine and the Rule 14e-3 claim considered here. ? Plaine held shares in a company subject to a cutter offer. ? She complained that assumed information in proxy materials had induce other shareholders to tenderize their shares. ? Because so many other shareholders tendered their shares, the merger went through at a price Plaine viewed as inadequate. Although Pl aine did not tender her shares, the court ruled that she alleged injury occurring as a result of fraudulent activity in federation with a tender offer and had standing to assert her claim. ?797 F. 2d at 717. ? Plaine did not, however, allege insider trading, and therefore could not have do out a claim under Rule 14e-3. Brody and Crawford, on the other hand, did allege insider trading but did not allege that THC manipulated the tender offer process through the use of false information or by any other means. ? As such, the facts in the current case present a very different situation than that presented in Plaine. The circumstances do, however, take on a much closer affinity to those in Neubronner, a Rule 10b-5 case centering around accusations of insider trading in violation of an abstain-or-disclose requirement. ? chequer Neubronner, 6 F. 3d at 667. Despite the similarities of the issues here and in Neubronner and between Rules 10b-5 and 14e-3, as applied to insider trading alle gements, Brody and Crawford emphasize the differences between the Rules. ? Unlike Rule 10b-5, Rule 14e-3 does not require substantiation that a person traded on information obtained in violation of a duty owed to the source of the inside information. Instead, Rule 14e-3(a) creates a duty for a person with inside information to abstain or disclose ââ¬Å"without regard to whether the trader owes a pre-existing fiduciary duty to respect the confidentiality of the information. ââ¬Â ? OHagan, 521 U. S. at 669, 117 S. Ct. 2199 (quoting United States v. Chestman, 947 F. 2d 551, 557 (2d Cir. 1991) (en banc)). ? Although Rule 14e-3 frankincense expands the notion of who is an insider, it does not follow that the Rule also expands the class of shareholders who may complain when an insider trades without disclosing insider information. As a result, the fact that Rule 10b-5 and Rule 14e-3 are not akin does not lead to the conclusion that one has a contemporaneous trading requirement and t he other does not. More importantly, perhaps, in this case, the allegation is that THC traded in its own stock on the basis of inside information. ? such(prenominal) allegations would state a ââ¬Å"ââ¬Â¦Ã¢â¬Ëtraditionalââ¬â¢ or ââ¬Ëclassicalââ¬â¢ theory of insider trading liability [under] Rule 10b-5 based on ââ¬Ëa relationship of trust and confidence between the shareholders of a corporation and those insiders who have obtained information by reason of their position with that corporation. ââ¬Â¦Ã¢â¬Â ? OHagan, 521 U. S. at 651-652, 117 S. Ct. 2199 (quoting Chiarella, 445 U. S. at 228, 100 S. Ct. 1108). ? As such, this case is one that could be-and indeed, was-brought under both Rule 10b-5 and Rule 14e-3, and as to which any differences between the two rules regarding the necessary relationship between the insider and the source of information is not germane(predicate). Brody and Crawford note another reason that, they argue, suggests an expansive rendering o f Rule 14e-3 is appropriate. In OHagan, the Supreme Court ruled that the SEC is permitted to promulgate rules under Section 14(e), such as Rule 14e-3, that prohibit acts not themselves fraudulent under the common law if the rules are slightly intentional to prevent acts that are. ?521 U. S. at 671-73, 117 S. Ct. 2199. ? This government agency derives from the prophylactic rule-making supply granted to the SEC by Section 14(e), a power that has no parallel in Section 10(b). ?Id.That the SEC had more power to protect investors when it promulgated Rule 14e-3 than it did when it promulgated Rule 10b-5 does not mean, however, that the SEC exercised that power so as to protect noncontemporaneous traders under Rule 14e-3. ? And, in fact, what evidence there is demonstrates that the SEC did not intend to protect investors who could not have possibly traded with the insiders. In OHagan, the Supreme Court quoted at length from and afforded esteem to the SECs exposition of why it promulg ated Rule 14e-3. Part of the Federal Register move out quoted in OHagan stated: The Commission has previously expressed and continues to have serious concerns about trading by persons in pigheadedness of material, nonpublic information relating to a tender offer. ? This practice results in unfair disparities in market information and market disruption. ? aegis holders who purchase from or sell to such persons are effectively denied the benefits of disclosure and the of the essence(p) protections of the [legislation that includes Section 14(e)]. 21 U. S. at 674, 117 S. Ct. 2199 (quoting 45 Fed. Reg. 60412 (1980)). This quotation evinces a particular concern for those who ââ¬Å"purchase from or sell toââ¬Â insiders, and suggests that these shareholders, and not others who trade later, are the intended beneficiaries of Rule 14e-3. ? The contemporaneous trading requirement, designed to limit the class of potential plaintiffs to only those who could have possibly traded with the insider, is therefore precisely congruent with the SECs expressed purpose in promulgating Rule 14e-3.In sum, Rule 10b-5 and Rule 14e-3 contain similar insider trading prohibitions, triggered by similar concerns. ? plot Rule 14e-3 focuses on the tender offer context, the background history and language of Rule 14e-3 indicate that the Rule does not alter the premise that a shareholder must have traded with an insider or have traded at about the same time as an insider to be harmed by the insiders trading. ? We conclude that there is no principled distinction between Rules 10b-5 and 14e-3 as regards the need for a contemporaneous trading allegation.We therefore extend the contemporaneous trading requirement to insider trading actions brought under Section 14(e) and Rule 14e-3 actions. ? Because Brody and Crawford traded roughly two months after they allege THC traded, they did not trade contemporaneously with THC. The district court was correct in dismissing their Rule 14e-3 insider trading claims. B.? Misrepresentation We next consider a different set of concerns addressed by the securities laws: Rule 10b-5 and Section 14(e)s explicit prohibition against the making of imitation or misleading avouchments. The plaintiffs do not maintain that either press release issued by THC was untrue. ? They do argue, though, that THC violated the prohibitions against making misleading statements when it issued the two press releases here at issue. ? In order to outlast a motion to dismiss under the heightened be sympathizeching standards of the Private Securities Litigation shed light on Act (ââ¬Å"PSLRAââ¬Â), the plaintiffs complaint must specify the reason or reasons why the statements made by THC were misleading. ?15 U. S. C. ç? 78u-4(b) (1); see also Ronconi, 253 F. 3d at 429.As an initial matter, Brody and Crawford correctly assert that a statement that is literally true can be misleading and thus actionable under the securities laws. ? enamour In re GlenFed Sec. Litig. , 42 F. 3d 1541, 1551 (9th Cir. 1994). ? But they err when they argue that in order for a statement not to be misleading, ââ¬Å"once a disclosure is made, there is a duty to make it complete and accurate. ââ¬Â This proposition has no support in the case law. ?Rule 10b-5 and Section 14(e) in terms prohibit only misleading and untrue statements, not statements that are incomplete.Similarly, the primary case upon which Brody and Crawford bank for their innovative completeness rule supports only a rule requiring that parties not mislead. ? Virginia Bankshares, Inc. v. Sandberg, 501 U. S. 1083, 1098 n. 7, 111 S. Ct. 2749, 115 L. Ed. 2d 929 (1991). ? Often, a statement will not mislead even if it is incomplete or does not include all germane(predicate) facts. 8 ? Further, a completeness rule such as Brody and Crawford suggest could implicate nearly all public statements potentially change securities sales or tender offers. No matter how critical and accurate disclosur e statements are, there are likely to be additional details that could have been let out but were not. ? To be actionable under the securities laws, an omission must be misleading; in other words it must affirmatively create an impression of a state of affairs that differs in a material way from the one that actually exists. ? See McCormick v. The Fund American Cos. , 26 F. 3d 869, 880 (9th Cir. 1994).We conclude that neither Rule 10b-5 nor Section 14(e) contains a freestanding completeness requirement; the requirement is that any public statements companies make that could meet auspices sales or tender offers not be misleading or untrue. ? Thus, in order to survive a motion to dismiss under the heightened pleading standards of the Private Securities Litigation Reform Act (ââ¬Å"PSLRAââ¬Â), the plaintiffs complaint must specify the reason or reasons why the statements made by THC were misleading or untrue, not simply why the statements were incomplete. 15 U. S. C. ç? 78u-4 (b) (1); see also Ronconi, 253 F. 3d at 429. ?Brody and Crawfords allegations do not comport with this requirement. ? They allege, first, that the press release issued on March 19 was misleading because it countenanced information about THCs stock repurchase program but did not contain information regarding THCs possible takeover. ? Although Brody and Crawford specify what information THC omitted, they do not indicate why the statement THC made was misleading. ? If the press elease had affirmatively intimated that no merger was imminent, it may well have been misleading. ? The actual press release, however, neither stated nor implied anything regarding a merger. ?Brody and Crawford also claim that THCs second press release, issued on April 24, was misleading. ? Again, the plaintiffs do not argue that the press release was untrue. ? Instead, they argue that it was misleading because it stated generally that THC had received ââ¬Å"expressions of interestââ¬Â from potential acquir ers, when in fact it had received actual proposals from three different parties. Importantly, the complaint does not provide an explanation as to why this general statement was misleading, nor is it axiomatic that it was. A proposal is certainly an ââ¬Å"expression of interest. ââ¬Â ? Moreover, the press release did not simply state that there had been vague ââ¬Å"expressions of interest;ââ¬Â it went on to state that the ââ¬Å"expressionsââ¬Â were ââ¬Å"from certain parties who have indicated an interest in acquiring either the entire company or in acquiring the company, with the companys shareholders retaining their pro rata interests in behavioral Healthcare Corporation [a THC subsidiary]. ? This specificity concerning the character of the parties proposals certainly suggests that something more than preliminary inquiries had taken place. Further, the press release additionally stated that the ââ¬Å"Board of Directors has engaged financial advisors to advise the c ompany in corporation with a possible sale. ââ¬Â ? This additional information again suggested proposals that were concrete enough to be taken seriously. ? And the reference to multiple parties contained in the press release suggests an ongoing auction for THC was taking place with at least two participants.In short, the press release did not give the impression that THC had not received actual proposals from three parties or otherwise mislead readers about the stage of the negotiations. ? Instead, although the press release did not provide all the information that THC have about its possible sale, the information THC did provide-and the reasonable inferences one could draw from that information-were entirely consistent with the more detailed explanation of the merger process that Brody and Crawford argue the press release should have included. Put another way, Brody, if he read the press release, would have been on notice, before he sold his shares, of the distinct possibilit y that the value of the shares would increase in the near future because of a takeover contest. 9 [11] Because Brody and Crawford have not alleged facts indicating that THCs April 24 press release was misleading, the district court properly pink-slipped that aspect of the plaintiffs complaint. CONCLUSION Brody and Crawford have not met the contemporaneous trading requirements necessary to have standing in the insider trading claims they assert. Additionally, they have failed properly to allege misrepresentation against THC. As a result, we affirm the district courts decision to dismiss Brody and Crawfords complaint for failure to state a claim upon which relief could be granted. AFFIRMED FOOTNOTES 1. ?Section 10, in relevant part, states: It shall be unlawful for any person, like a shot or in promptly, by the use of any means or instrumentality of interstate commerce or of the mails, or of any installment of any national securities exchange-?.???.???.???.???. b)? To use or employ , in community with the purchase or sale of any security registered on a national securities exchange or any security not so registered, or any securities-based change agreement (as defined in section 206B of the Gramm-Leach-Bliley Act), any manipulative or deceptive device or contrivance in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors. 2. Rule 10b-5 states: It shall be unlawful for any person, in a flash or indirectly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange,(a)? To employ any device, scheme, or artifice to defraud,(b)? To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or(c)?To engage in any act, practice, or c ourse of business which go aways or would operate as a fraud or deceit upon any person, in connecter with the purchase or sale of any security. 3. ?These ââ¬Å"standingââ¬Â limitations are not, of course of the inbuilt variety, grounded in Article III of the Constitution, but simply delineate the oscilloscope of the implied cause of action. 4. ?Section 14(e) states: It shall be unlawful for any person to make any untrue statement of a material fact or omit to tate any material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, or to engage in any fraudulent, deceptive, or manipulative acts or practices, in connection with any tender offer or request or invitation for tenders, or any solicitation of security holders in foe to or in favor of any such offer, request, or invitation. ? The Commission shall, for the purposes of this subsection, by rules and regulations define, and prescribe means reaso nably designed to prevent, such acts and practices as are fraudulent, deceptive, or manipulative. . ?Rule 14e-3(a) states:(a)? If any person has taken a substantial step or steps to commence, or has commenced, a tender offer (the ââ¬Å" religious offering personââ¬Â), it shall patch up a fraudulent, deceptive or manipulative act or practice within the meaning of section 14(e) of the Act for any other person who is in self-denial of material information relating to such tender offer which information he knows or has reason to know is nonpublic and which he knows or has reason to know has been acquired directly or indirectly from:(1)? The offering person,(2)? The issuer of the securities sought-after(a) or to be sought by such tender offer, or(3)?Any officer, director, teammate or employee or any other person acting on behalf of the offering person or such issuer, to purchase or sell or cause to be purchased or sold any of such securities or any securities transformable into o r exchangeable for any such securities or any option or right to obtain or to tuck away of any of the foregoing securities, unless within a reasonable time prior to any purchase or sale such information and its source are publicly disclosed by press release or otherwise. 6. ?Chiarella v. United States, 445 U. S. 222, 100 S. Ct. 1108, 63 L. Ed. d 348 (1980), considered, but did not decide, the viability of a defalcation theory of liability under Rule 10b-5. ?445 U. S. at 235-37, 100 S. Ct. 1108. ?(A misappropriation theory extends liability to some parties who trade in a companys securities on the basis of confidential information but who have no special relationship with the companys shareholders. ) quest Chiarella, the SEC promulgated Rule 14e-3, which distinctly creates liability for insiders who trade in connection with a tender offer and do not disclose the inside information, irrespective of their relationship to the shareholders or the source of the information. past in 1 997, the Supreme Court decided OHagan, answering the question left forthright by Chiarella and deciding that Section 10(b) and Rule 10b-5 do create liability under a misappropriation theory. ?521 U. S. at 650, 117 S. Ct. 2199. ? The take is that Rules 10b-5 and 14e-3 largely overlap with regard to the scope of insider trader liability, although they differ in some respects not here pertinent. ? See p. 1004, infra. 7. As we discuss below, in OHagan the Supreme Court approved Rule 14e-3 as a prophylactic rule designed to prevent core violations of Section 14(e). ? See p. 1004, infra. 8. ?For example, if a company reports that its sales have risen from one year to the next, that statement is not misleading even though it does not include a detailed breakdown of the companys arena by region or month by month sales. 9. ?We note that Crawford sold his shares before the April 24 press release, so he could not have been influenced in his trading by the release. BERZON, Circuit Judge.\r\n '
Wednesday, December 19, 2018
'Experiencing Cities Essay\r'
'The text ââ¬Å"Experiencing Citiesââ¬Â by Mark Hutter deals with micro sociology and emblematicalal interaction theory. This means the way heap experience the urban world in blood to their everyday lives. This would include the interaction with new(prenominal)s that would create consequence for them from the physical and human environment of the city. The exercise was to blame up certain aspects of micro sociology and use my disembodied spirit experiences as examples to show my hold c being of this theory. The text uses perspectives from other mixer science disciplines in studying the city.\r\n whatsoever of these included urban history, art, architectural history, urban geographics and environmental psychology. Global urbanization is discussed in the subsist chapter, which to me helped me to understand where I am in the scene of the world. I am a twenty-one tender class old, female savant. I attend college full-time, work full-time and live with my p arnts in new-fangled York City. I am single and entertain no children and hope to buzz off my degree in Social Sciences. First I would c be to discuss symbolic interactionism and the egotism in guild.\r\nFunctionalism, conflict theory and evolutionism tend to be macrotheories that straight the sociologist toward large-scale phenomena, their relationships and changes in them. To use an example from my emotional state would be the terrorist acts that happen on 911. This is a macro neighborly phenomenon exclusively at the micro level it bear on me and my family, the family members of the victims and New York City. On the Macro level it affected the joined States, and on a wider picture it also affected the globe. Symbolic interactionism, like exchange theory, is a micro orientation.\r\nIt is a theoretical map that directs the sociologist in quests to understand how individuals interact in face to face relationships, relationships that be the foundation of social c argonr. Unlike ex change theory, symbolic interactionism does non stress concepts of rewards and costs. Instead it is an emphasis on the human self-importance, symbolic converses and interaction between persons based upon symbolic communication. The self is the process that is make up of the interaction of two self-aspects. These are ââ¬Å"Iââ¬Â and ââ¬Å"Meââ¬Â. This is the knowing of self, the self asking and revising questions in the present or the ââ¬Å"Iââ¬Â.\r\nThen in that location is the self-aspect composed of previous(prenominal) experiences and conscious identity, the ââ¬Å"Meââ¬Â. The ââ¬Å"Iââ¬Â is the self-aspect that exists in the present, which notes the world around it, that questions, that is impulsive, and that suggests my behavior. The ââ¬Å"meââ¬Â is based on past experience and is faultfinding(prenominal) of my impulses. The ââ¬Å"Iââ¬Â is my creative self; the ââ¬Å"meââ¬Â is my social self. For example I am basically a night person; I am working on this exercise at midnight. macrocosm a night person I suppose that the best way to be sure to put on a good morning is to kip done most of it.\r\nBecause of this I realise always as allege to ingest my classes scheduled for laternoon or evenings, when possible. still last quarter I found to my horror, that payable to a series of circumstances, I was forced to take a course that met on Mondayââ¬â¢s at 8 a. m. This is a time of day I get hold of rarely seen and when I absorb seen it, it was not because I was up very early, further because I was up very late. When the alarm clock rang at 6:15, the immediate impulsive action of my self arising in my ââ¬Å"Iââ¬Â was to pull the plug on the alarm and go back to sleep.\r\nI would have done so, had not the ââ¬Å"meââ¬Â aspect of my self reminded me that would be a bad idea. As the socially aware, judgmental self-aspect, it reinforced me of the need to get up, shower, and eat so I could meet my responsibil ities as a student and my goals. exclusively I was still very threadbare and my ââ¬Å"Iââ¬Â suggested that I sleep another half hour. My judgmental ââ¬Å"meââ¬Â aspect suggested twenty minutes to a greater extent was the maximum time I could sleep if I was to meet my responsibilities. I proceeded to go back to sleep for twenty minutes and at 8:00 a. m. I went to my economicsââ¬â¢ class ready to absorb the cognition.\r\n ships company is created by interactions between persons first with their selves that allow them to excogitation and coordinate their own behaviors. But social interaction first requires more than selves and it depends on symbolic communication through language. A verbal symbol is a sound which indicates some object. The spoken word say for example chair means something to sit on. plurality who are born(p) in the similar society learn more or less the same symbols. For example, I went to Ohio once to visit a suspensor I asked for a soda and was tol d that she didnââ¬â¢t have soda merely she had Pepsi. Thatââ¬â¢s what I wanted, but in Ohio they ask for a pop.\r\nPeople born in the same society that pick up the same symbols helps conversations between persons in which joint plans are made and communicated. So the existence of the self and symbolic communication makes group interaction possible. Because I have self and burn communicate symbolically I git form groups such as my family, my college and my religion. These are the foundation of social life. People willing esteem of the world in terms of symbols that represent objects and these objects can be physical like chairs and books, social like teachers or sisters, and abstract such as truth, liberty, or evil.\r\nTo understand cities and the development of cities I thought of aspect at urbanization first. Urbanization refers to masses of deal moving to cities and to these cities having a growing influence on society. Urbanization is worldwide. To understand the cit yââ¬â¢s attractiveness the first thing to consider is the pull of urban life. New York City offers an incredible variety of social events such as music ranging from rock to classic, architectural history, and pagan diversity. It also offers anonymity, which I find so much better than the scrutiny and restriction my booster shot had in her small town in Ohio.\r\nBut probably the most important factor would be the opportunities in jobs. There are three types that life in cities by choice the cosmopolites, which I exit into, are students, intellectuals, professionals, artists, and entertainers. We are pulled to the city because of the conveniences and cultural beliefs. The single, another group I can helper with, are young unmarried people that are staying in the city because of the job and entertainment. Staying in the city reflects a stage in my life course, because after I marry and have children I have thought of moving to the suburbs.\r\nThen there are the ethnic villagers that are united by race-ethnicity and social class. These people live in tightly tuck neighborhoods that resemble villages and small towns around New York City. contemptible within a close circle of family and friends nerve-racking to isolate them from what they expression as the harmful effectuate of city life. There are two groups that have little choice about where they live; they are the deprived and the trapped. Symbolic interactionism focuses on society as an outcome of persons with self-identities interacting with one another.\r\nAn example of how symbolic interactionism can be applied to me by how I view myself as say; a drinker I have been taught about drinking through interaction with my friends. The nurture requires interaction in a turn of steps. This process is often accompanied by learning to explain away some unpleasant sensations caused by drinking in excess. Once drinking begins individuals will change their self-concept and thoughts of themselves as an occas ional or to reparation use of alcohol.\r\nSo major changes made by alcohol were not caused by the alcohol but by learned changes in self identity. So in addition to other theories critical theory, phenomenology and ehtnomehtodology are also important to experiencing cities. Critical theory focuses on alienation and social contradictions and how they are overcome. Phenomenology focuses on how claims to knowledge about society are constructed. Ethnomethodology looks at how social actors make sense of their own actions and all of these are used to understand society.\r\n'
Tuesday, December 18, 2018
'The Need of Imposing One Child Policy in the US\r'
'Due to the violent scrape of macrocosm in the States, extreme measures with bet to the aim of decreasing the flaming populace had been introduced to the fieldââ¬â¢s legislative remains.àSuch attempt had been regarded as that which result eventually help the coarseââ¬â¢s train of productivity and societal developments aimed for industrialization reasons and thence are expected to raise the welfare of the modern society as well as the after look of Liberty (Menken).\r\nDepletion of resources and environmental degradation\r\nThe regard for the carrying out of a honor which shall oblige the citizens to take needful measures and constraints with regard to irresponsible ââ¬Ësexualââ¬â¢ intercourse leading(a) to unexpected pregnancy and oerpopulation had been sought to be a major problem in America (Fong).àAs anticipated with the enormous burn down, environmentalists and population development analysts utter that in the near future, with such(prenomi nal) behavior, America will most likely starve and get stir with their own mess (Fong).\r\nOne fascinating prevail on a peer review say that such has a big difference amidst ââ¬Å" wetââ¬Â and ââ¬Å"drinking water,ââ¬Â thus con nones the idea that of this gyp of intoxication caused by ââ¬Å"the big kids on the shut upââ¬Â themselves, is harmoniously tolerated, then most likely at that place wonââ¬â¢t be abundant water for the whole jurisdiction of this country, and worse, it may also come across the production of what is edible, at that standpoint.\r\nThis paper need not to specify and dwell advance on the spl abateor of H2O for this instance to take holistically the perception of the necessary of the aforementioned element to manhood (Menken).àFurther, as support by UN Population Fund, it had been noted that rampant rise of environmental and sociological challenges is manifested because of the uncontrollable mount of population in the country; moreove r, the most effective remediation of the societyââ¬â¢s disease shall be the instauration of measures defining ââ¬Å"behavioral constraintsââ¬Â and that is with the help of a law (Fong).\r\nOverpopulation\r\nVarious advocates and analysts like Ted Turner stressed the need of Chinaââ¬â¢s insurance to also be adopted in the country.àMoreover, he has emphasized in his argument that America is becoming ââ¬Å"too dwellââ¬Â callable to the rise of migration instances and the increase of liberalism perception among its inhabitants make the concept of ââ¬Å"freedomââ¬Â expand even until the level of ââ¬Å"sensuality.ââ¬ÂàWith such regard, the increase of number of individuals settling in the country connotes the concept that the echelon of adversity will rise in number, and the need of flexibility among the ââ¬Å"pure Americansââ¬Â coerces them to break in a rather larger reaching of adjustment and acceptance in the vortex of attitude quo (Alternativ es).\r\nIn addition to that, if it may not be too much to take into assumption, competition shall bluster up in the scenario, this paper does not raise American couples to bear more fruits, but rather, to apply in ââ¬Å"responsibleââ¬Â parenthood and focus rather in raising their offspring to be passing competitive individuals not only for the benefit of the contiguous time, but for futureââ¬â¢s sake, at that (Fong).\r\n psychoanalysis on stated arguments\r\nWhat seemed to be the problem over the sheer is that, many seem to not ensure why such policy obliges the legislative body to act upon it in the most immediate time.àmayhap the rise of complications had not yet been explicitly snarl by Libertyââ¬â¢s citizens; however, we take key with the idiom stating that ââ¬Å"regrets come in the endââ¬Â.àTaken for example the ââ¬Å"environmental concernsââ¬Â, Americans must wait the truth of natureââ¬â¢s control; moreover, this specialised argument is emphasized in John McPheeââ¬â¢s Control of Nature, perhaps it never crossed the take care of oneââ¬â¢s rationality, but the tendency of it to travel by is vast and, co-related with the perception on ââ¬Ëoverpopulationââ¬â¢.\r\nMoreover, the vast changes which had been occurring due to the raging response of human beingââ¬â¢s level of rationality as well as with the exploration of new dimensions in fashioning life easier through the use of machineries and other intoxicating components further erupts a mount on the ratio of making earth a place of pollution and thus, congruous with the argument revolving around the implication of overpopulation denoting a surrender of the economic state of the country anchored on the issue of employment concerns and the array of competition among workers (Menken).àThe more versatile the culture outstands, the higher the possibility of racial gaps obviously surfacing in the scale of development (Alternatives).\r\nIn comparis on with the discussions laid on the table, it is prudent enough to conclude that the main reason why depicted object analysts swim in the idea of imposing ââ¬Ëone-child policyââ¬â¢ shows their greatly concern of the future of the west and the stableness of its economy.àAll of the variable elements and commonsensical statements logically free fall into one major blast: overpopulation.\r\nIf diagramed in a web of complexity, the core element of the problem would be overpopulation, inter-connected with the plight of environmental, social, economical and political implications, thus give credit to the impression of making America a ââ¬Ëone-child policyââ¬â¢ abiding country.\r\nConclusion\r\nThe threat which haunts the country is a contagious disease which shall surely call back humankind if not cured in concord with proper and crucial analysis in expunge the problem.àIndustrialization and the art of making love is a freedom vested to individuals, however, the co mplications comprising an unsolicited control on such hook up with unpredicted circumstances.àThe aforementioned inborn nature of the proposition is proof enough of humanityââ¬â¢s concern and active involvement on development and stability.\r\nPerceivably, the most crucial problem with regard to population is the issue on pollution.àGiven the occurrence that the innovation of technological and machinery advancement emit a raging amount of intoxicating substance, with more commonwealth exercising such is most likely the predicted execration which will sooner or later, if not eradicated with the performance of a policy aiding the ascending population, shall haunt the backing daylights of the country in the near future.\r\nReferences:\r\nAlternatives, Center for Policy. forward Agenda for the States 2006: State Policy Leading America youthful York: Center for Policy Alternatives, 2005.\r\nFong, Vanessa. Only trust: Coming of Age under Chinas One-Child Policy. 1 ed. dinero IL: Stanford University Press, 2004.\r\nMenken, Jane. World Population and U.S. Policy: The Choices Ahead. New York: W. W. Norton & Company, 1986.\r\n \r\n'
Monday, December 17, 2018
'Bruces 10 Principles Essay\r'
'Discuss how Bruceââ¬â¢s (2005) 10 principles of Early puerility Practise turn in influenced the spunk Value Statements for the Early Childhood C atomic number 18 and instruction Sector in Ireland. This rise is going to talk about the main links between Tina Bruceââ¬â¢s decade Bedrock Principles and the core honour enouncement for the archaeozoic puerility raising sector in Ireland. I have chosen cardinal of Tina Bruceââ¬â¢s principles to escort at. This essay is going to show how these have influenced three of the core mensurates for the early sisterhood didactics sector.\r\nIn Bruceââ¬â¢s bedrock principles, the first of the decade states: ââ¬Å"The best way to prepargon children for their vainglorious conduct is to give them what they need as children.ââ¬Â The core apprize statement for early childhood care and schooling states that,\r\nââ¬Å"Childhood in its own right field.ââ¬Â\r\nLooking at both(prenominal) statements it can be seen ho w Bruce has influenced the core value statement. In Bruceââ¬â¢s, all three pioneers of early childhood practise Frobel, Montessori and Steiner say that childhood should not expert be utilise for children simply to get supple for adult life. All three believed that childhood is of import in its own right. ââ¬Å"Childhood is a state to be protected and allowed develop without damage in a specially prepared environment.ââ¬Â(Bruce pp18) Childhood is a period when the basic fundamentals of life are introduced. Bruner used a spiral curriculum to see children the basic of things that could be thought in more(prenominal) depth when the child is older. Bruner stressed that the early childhood practitioner should be preparing children for later attainment and experience. Childhood is a stage in its own right but it besides provides a foundation of manageledge for children to build upon and enter adulthood intumesce prepared.\r\n issue four of Bruceââ¬â¢s principles is â⠬Å"Children learn best when they are given appropriate province, allowed to experiment, advert errors, decisions and choices, and are see autonomous learners.\r\nThis is repeated in the core value:\r\nââ¬Å"Experiences and activities which support learning and allow children to briskly explore, to experience, to make choices and decisions and to share in the learning process.ââ¬Â some(prenominal) statements regain the child should be seen as an active learner. Children should be encouraged to explore their environment and experiment with objects. Children should besides be encouraged to make decisions and share the responsibility of the learning process.\r\nââ¬Å"Frobel, Montessori and Steiner agreed that children are self- motivating. There is no need for adults to find ways of motivating them.ââ¬Â (Bruce pp22) Montessori cut the immenseness of self direction in children. She used a prepared environment to encourage self chosen tasks. Piaget believed that children should have self regulation in their own learning. As children explore what they already spot and can then use what they know to care understand manything new.\r\nChildren should be allowed initiated learning at measure and other times the learning should be adult led. The job of the early childhood practitioner is to know when a child is struggling and to give them some help. The early childhood practitioner should be reminiscent not to take over the situation entirely.\r\nPrinciple:\r\nRelationships with other people (both adults and children) are of central vastness in a childââ¬â¢s life, influencing ruttish and social well being. Core Value:\r\n determine parents, guardians and family as the childââ¬â¢s primary descent of well being. In comparison there is circumstantial difference in the principle and core value they both see relationships with other people of enormousness to the childââ¬â¢s well being. Steiner proverb the importance of interaction with oth er adults and children because the child takes in the moral atmosphere gave out by these people. Mothers were the first educators in a childââ¬â¢s life in Froebelââ¬â¢s eyes. He believed children first learned in the home then school.\r\nHe saw adults as helpers in childrenââ¬â¢s learning unlike Montessori, who saw adults including parents as a threat to childrenââ¬â¢s freedom. Frobel also saw the wider community as helping the childââ¬â¢s well being. The interaction with other children by playing helps the childââ¬â¢s state of well being by allowing them to develop physically, intellectually, emotionally, socially and morally.\r\nThis essay has looked at how Tina Bruceââ¬â¢s Ten Bedrock Principles have influenced the core value statements in Ireland. It has shown that even though the wording may differ in both, they both see the child as being an active learner and having the right to make decisions and errors. All learning in the early childhood care and educa tion sector in Ireland should be child centred. Both the core value statement and Bruceââ¬â¢s cristal principles see others including parents, guardians and family as helping the childââ¬â¢s well being.\r\nReferences:\r\nBruce T. (2005) Early Childhood Education (3rd ed.), capital of the United Kingdom: Hodder & Stoughton. Department of Justice, Equality and Law cleanse (2002) Quality Childcare and Lifelong Learning: influence Framework for Education, Training and Professional Development in the Early Childhood Care and Education Sector, capital of Ireland: The Stationery Office\r\n'
Sunday, December 16, 2018
'Doing Christian Ethics from the Margins Essay\r'
'Book analyze: Doing Christian Ethics from the Margins Dr. David Traverzo Christian Ethics Gregory A. Keels 02/13/2012 Doing Christian Ethics from the margins is all mostwhat part people explore the respectable anesthetizes of the marginalized. This support reveals as to how people who live in the margins of alliance par progress to in with morality. in addition this book reveals how the same marginalized people worldview is diametric from the dominate agriculture who is non apart of the marginalized. This book is divided into four-spot sessions, the first portion dealing with theory while the last terce craps special show window studies to the theory.\r\nThe first session titled respectable Theory deals with how Christian ethical codeal systems argon formed. The causation Miguel A. De la Torre gives his understanding of ethical theory. The first main and important statement he actualizes in this incision is when he talks about ethics universe done in a par ticular companionable location. When he stated that it proved that ethics and loving welfare ware got it aways to filmher. A personââ¬â¢s lift and kindly surroundings affects his or her ethics. Also in this section the antecedent talks about how snow-white males generally dominated the academic ethics.\r\nThis domination has some(prenominal) pitfalls. Some of these pitfalls embarrass spiritual c erstrns that are excluded from social concerns, individualism, grace in favor of works, thinking to a greater extent of heaven instead of the here and now, and buy the farmure to come up with a transformation praxis. These pitfalls reinforce ideologies of military group that are affiliated to unjust social structures that include racism, classism, and sexism. The cause puts up a contend to twain single ascertainer to come up with a code of ethics that allow for identify with the theoretical account of Christ of standing against the ppressed. In the other three parts o f the book the author gives effort studies and portray how his own hermeneutic filliness applied to divergent ethical situations such as relationships, business, and global relationships. in each section there are four chapters. the first chapter explains the topics and the other three explains the topic with facial expression studies. The hermeneutic circle is made up of quin cadences. In each of those five steps a personââ¬â¢s worldview ethics is challenged and encourages the person to be more than engaged in social transformation.\r\nThe steps include observing, reflecting, praying, acting, and releasing. This pattern is a continuous circle repeating itself over and over. The signifi send packingce of this book to the church building is great signifi terminatece. This model the author has presented could be use greatly in the church. When I was looking at this model I felt this is what the church should be doing. The church is only effective if it is active in the community. The church should be able to call what the need of the community, pray on it, act on it and consequently move onto the next need.\r\nPart of Christian ethics is doing the right thing when the problem is presented. Two of the case studies that I felt can greatly doctor the church was the case studies on global and discipline poverty. the church has always played a major role in service of process the poverty both globally and nationally. but I hope that the church need to authoritativeize that poverty is more thus just non having any food or being homeless. scantness is connected to social class. It is connected to those who can afford an education and those who can not.\r\nPoverty is also connected to those who can exact chartered for the high paying jobs and those who can only get the jobs that pay minimum salary and is not luxuriant to raise a family. The church can do a better job in athletic supportering in that area. The main part of a Christianâ⬠â¢s ethics is helping those who are in need. This is our primary responsibility. So in order to satiate that responsibility we must understand the whole issue of poverty. The significance this book has on the society can be great. However I believe the church and society must be connected together.\r\nThis helps those who read it understand the problems of the marginalized and how it can be addressed. It would be in reality helpful if those who were from the groups who hold the most power read this book for a better understanding of how the actions they do affect those who are marginalized. Just akin I stated with the church and its response to poverty the society has to get to the same response. However since the society is not the church the ethical response would be different. Those who are in high powerful positions consume the ethical obligation to assist those who are in the marginalized.\r\nHowever what we see is those people exploiting the marginalized. When it comes t o ethics as a whole this book as revealed to me no thing what position you are connected to rather it is Christian ethics, business ethics, or society ethics you have an obligation to help those who do not have the power to help themselves. It is not just about poverty either. There is an ethical obligation to help the marginalized when it comes to things like affirmative action, war, the environment etc. A strength I found in this is how the author used real life examples in his case studies that included people who were marginalized.\r\nBy using real life stories it brought a whole new capture than from a typical text book. This help get a line the indorsers from a spectator view to an up smashed and personal view of what it is like to be in the marginalized. Another strength I felt the author had was the reciprocation questions at the end of each chapter. These discussion questions help the reader reflect and understand more about the marginalized. Also these discussion que stions help the reader form a more solid ethic for the marginalized. The main weakness I saw in this book is how the author did not really go through the whole hermeneutic cycle per second.\r\nIn each case study the first three cycles were used. It would have been better if the author used the whole cycle so that the reader could get a full example of how the cycle is used and the outcome of the cycle. Also it would have been helpful if the author had given some examples where this cycle has not worked. Perhaps it would even be helpful if the author had limited to just once case study in each section and go more in depth as to how the cycle worked in the case study. Overall I strongly recommend this book to those who have a desire to get an action plan that will have an impact on dealing with the marginalized.\r\nDe La Torre makes a great case in contend those who are in the dominate culture to give up the heavy power and special franchise they have so that those who are in the m arginalized can live a better life. With making this challenge the author has given great tools for those who are affiliated to seeing the transformation of the marginalized. While this seem like a no brainer to some it might be still difficult for those in the dominate culture to accept. Some people might just not see how the dominate culture affects the marginalized while others flavour they are doing just enough.\r\nAlso you might get those who will say they will embrace De La Torreââ¬â¢s model but will fail to actually attempt to do it. It is going to take a lot of work and sacrifice to see true change. Who is willing to actually do that terrible work? Who is going feel it is actually worth(predicate) it? Regardless of where you fit in the spectrum we all have to do our part. If we all do not step in and say we are willing to make the sacrifices need to see a transformational change indeed regardless of what one group does it will not work. this has to be a group effort. I believe this is the point De La Torre was trying to bring across.\r\n'
Subscribe to:
Posts (Atom)