International Law of Sea Frameworks

Inter field of study Law of Sea Frame exertionsThe framework for an international law of the ocean should have the authority or force of law and promote collective interest that drives state compliance. The process of authoritative decision flows from cardinal distinct elementsinteraction among the oceanic states and oceans utilizers the properlys of adit, including the rights of portal for the international community to oceans space and the rights of coastal states to claim legal power over ocean space and finally, determinations of decision-makers responding to these competing claims. The unfolding process of authoritative decision for a globe order of the oceans is evident in maritime operational and diplomatic theater. In the contemporary era, this drama unfolds within the regimes reflected in the 1982 Convention. The point of departure for the regimes, and corresponding rights and duties in the United Nations Law of the Sea Convention (UNCLOS), is the baseline of the coa stal state. This chapter discusses baselines, internal waters, territorial reserve sea and contiguous zone, international straits, archipelagic waters, the max economic zone, and the regimes and national security.KeywordsUnited Nations,international law,territorial waters,national security,1982 Convention,UNCLOSThroughout the Cold War, the Soviet Union would come to learn that all states, not just traditional maritime military forces, have an interest in unimpeded access to the seas. The progression in Soviet thought was not immediate. Changes in Moscows thinking unfolded from the mid-fifties to the 1970s, as the U.S.S.R. shifted from a green-water coastal defense strategy to a blue-water fleet. By the time the Soviet Union had fully embraced naval power as a key element of its global ideological struggle, the nation was so semipolitically and economically decrepit that it soon would collapse under its own weight.The response of the Soviet Union to the massive advantage in Weste rn naval power was the same as that selected by Imperial Germany to counter the Royal Navy, which was to build a blue-water fleet. All coastal states harbor a desire to constrain or restrict the offshore transit of foreign-flagged commercial and military vessels. Nations are motivated by the struggle for greater security and control in an anarchic world. A land power may try to match a maritime power by constructing a large fleet and becoming a maritime power, or it can choose to respond much more cheaply, albeit perhaps less(prenominal) effectively, by attempting to deny its opponents maritime access near its shores. The search for security leads nations to either build a fleet or construct shore defenses. The predicament posed by these two polarities illuminates the desire to both exclude other designrs from the oceans, while at the same time seeking the fullest possible access, either for itself or for others on its behalf, to all the inclusive uses of the ocean.1Furthermore, t he net total of the inclusive uses available for sharing among all states is directly dependent upon restriction of the exclusive claims to the minimal reasonably necessary to the protection of common interest. If all states asserted and were protected in extravagant, disproportionate, exclusive claims, there would be little, if any, net total of inclusive use for common enjoyment.2This is where contemporary maritime strategy meets the international law of the sea. Exclusive marine claims assume a zero-sum diplomatic and economic game. This game produces military and political instability, and generates tension that can lead to conflict. While it follows that each state has an interest in preserving the greatest amount of the worlds ocean space for use by the international community, that interest in the global good may be somewhat(p.96)attenuatedovershadowed by the coastal states interest in exclusive control over waters bordering to the shoreline. The resolve of the internation al community in vindicating the common interest in freedom of the seas is complicated by competing municipal pressures. Marshalling collective action to resist excessive claims, both within governments and among states, therefore is particularly difficult. The final chapter discusses some diplomatic strategies for meeting these challenges.There have been quaternary major multi subsequental oceans law initiatives conferences in 1930, 1958, 1960, and 1973-1982. The offshoot of these four conferences occurred during the interwar period. In 1924, a Committee of Experts appointed by the League of Nations was established to consider issues give up for codification at a multilateral conference of the peacetime international law of the sea. A preparatory commission developed terms of reference for negotiations in three areasnationality, state responsibility, and territorial waters.3The Hague Codification Conference of 1930 recommended that the international community adopt the standard of a universal sovereign territorial sea of three miles in width, measured from the low-water mark running along the coast.4At the time, the three-mile territorial sea had widespread acceptance. The State Department reported that Canada, China, Great Britain, India, Japan, The Netherlands, South Africa, Greece, Ireland, and the United States unconditionally support the three-mile limit. The efforts of the 1930 conference, however, never led to a draft convention. But the terms of reference for the meeting later were used as a point of departure for the first UN Conference on the Law of the Sea in 1958.The 1930 meeting recognized a zone that may be considered a precursor to the contiguous zone, adjacent to and immediately beyond the territorial sea. In this area, states would exercise administrative rights based on the ground of custom or of vital interests.5States also would enjoy rights of jurisdiction necessary for their protection inside the new zone.6The recognition that coastal states should be able to exercise some measure of limited authority beyond the territorial sea was a function of the perennial search for coastal state safety and security.The 1930 Conference also adopted a functional approach to the right of the coastal state in the territorial sea.7Different rules were applied to different(p.97)activities occurring in the same water space. This liberal or functional view of the oceans would become the most innovative principle of twentieth century oceans governance. The oceans were viewed as a flow resource, and they could be enjoyed by multiple users simultaneously within the context of a model that forceful sharing and inclusion. The commission produced a Basis of Discussion to serve as the point of departure for a new Law of the Sea conference. The provision on innocent passage, however, only protected the right for merchant vessels rather than all ships. In a major victory for freedom of navigation for warships, however, this shortcoming la ter would be corrected, and ultimately allowd in the 1982 Convention.8But first, the United Nations would make two failed attempts at a restatement of the global order of the oceans.UN Conferences I IIUniform rules were essential to provide a formula for standardizing offshore oceans claims and recognizing navigational rules in the areas claimed by coastal states. In 1949, the International Law Commission (ILC) of the UN took up the issue and began work in earnest on drafting a general law of the high seas. On December 6 of the same year, the UN General Assembly asked that the ILC include work on the territorial sea as well. The report of the Commission led to the convening of the First UN Conference on the Law of the Sea in 1958. More than 80 states participated in the conference, which produced four treatiesthe Convention on the Territorial Sea and the Contiguous Zone, the High Seas Convention, the Convention on the Limits of the Continental Shelf, and the Convention on Fishing and Conservation of the Living Resources of the High Seas.The instruments from the first UN Conference entered into force between 1962 and 1966, but they failed on several critical and contentious points. First, the breadth of the territorial sea was not resolved. This was a key point, making moot agreement on many other provisions. The extent of the continental shelf was set at the 200-meter isobath, so states that had only a narrow geologic continental shelf walked away dissatisfied. Finally, the thorny question of foreign fishing rights beyond the territorial sea remained unsettled. The importance of the fishing issue cannot be underestated. The commercial fishing sector exercises enormous political clout in many coastal states, and disagreements over foreign-flagged access to offshore fisheries raised the very real prospect of armed conflict. Coastal state sovereignty claims were not standardized, but ranged from between 3

Lung Cancer: Symptoms, Treatment and Literature

Lung Cancer Symptoms, Treat manpowert and LiteratureIntroductionAccording to Cancer research UK lung crabmeat is a rapid and uncontrol proliferation of carrells that may place in trachea, bronchioles or pulmonary tissue (Cancerresearchuk.org, 2017). It is broadly classified into Non-Small Cellular lung natescer (NSCLC) type and small cellular lung shagcer (SCLC). Additionally, NSCLC is further subdivided into the squamous cell, adenocarcinoma, large cell carcinoma and undifferentiated NSCLC (Travis et al., 2015). Clinically some(prenominal) types atomic number 18 presented with uniform symptoms (prolong cough, thoracically lymph node enlargement), and typical X-ray im get along with (shadows with define out termination). However, a specialized distinction can be done with the help of biopsy and genotypic analysis (Hoffman, Mauer and Vokes, 2000). Current lit analysis allow for focus on epidemiological features, clinical features, and available handling options, as well as hi ghlight gaps in the lung cancer understanding.According to Cancer Research UKs statistical data, lung cancer accounts for 13% of all consumes in the UK. In addition, 22% of all cancer death is attributed to lung cancer, with 23% of all male cancers and 21% female. Additional examination shows that SCLC accounts for 12% of all lung cancers and NSCLC for 87%, with adenocarcinoma as a most common type (Cancer Research UK, 2017).Major cause of lung cancer is the tobacco consumption. The US statistics take fors this notion, indicating that 90% of all lung cancer death in men and 80% of sheaths in women are caused by tobacco consumption (Szklo, 2001).Apart from environmental factors, there are individual genetic and epigenetic traits, which go forth alter lung cancer susceptibility. For example, according to meta-analysis data, having causes of lung cancer in family attributes to 1.7 fold increase in cancer development, with an additional increase if two or more relatives were affect ed (Lissowska et al., 2010). Studies identified desoxyribonucleic acid methylation markers, in cell cycle regulatory and repair genes. Specifically, monumental changes in methylation patterns occurred in BNC1, MSX1, CCNA1,p16, LOX genes in comparison to non-malignant cells (Licchesi et al., 2008).There are multiple compartmentalizations which seize identifying a lung cancer stage. However, the current essay get out focus on two mainstream classifications by American Joint Community of Cancer (AJCC) (Goldstraw and Crowley, 2006) and Veterans Administration Lung remove Group (VALSG) (Zelen, 1973) which are based on clinical and pathological examination.SCLCAccording to International Association of Lung cancer, the TNM classification is recommended for classification of tolerants with SCLC. Current 7h edition of the AJCC manual identifies one-third major criterias T (TX-T4) compositional anesthetic cancer spread N (NX-N3) metastatic involvement of lymph nodes M (M0-M1)- pres ence or absence of metastasis (classification check online). With grouping, SCLC causes into four stages (Table 1)( (Egner, 2010). However, TNM classification is not widely used in clinical practice, in comparison to VALSG classification (Zelen, 1973. Which divides SCLC into limited stage (encapsulated) and extensive stage ( local spread of tumor). edition of the TNF was supported by a study involved 8000 patients worldwide, which pointed out limitations of VALSG. (Shepherd et al., 2007). Allowing to conclude that stratification of patients based on tumor encapsulation only does not accurately represent the patients prognostic outcomes. Overall, SCLC has a poor prognosis with survival rates up to 4 months without treatment (Foster et al., 2009). A major prognostic factor per TNM is the local disease spread, with metastasis as a critical factor for stage rectification. Thus, normal survival for treated patients with put I-III disease progression is slightly 15-20 month with aroun d 20% chance for 2 years survival. On the otherwise hand, Stage IV of the disease is attributed to 8-13-month survival and only 5% survival up to 2 years (Lally et al., 2007).NSCLCStaging of NSCLC is fully regulated by the AJCC classification and divided into four stages. It has similar principles of TNM division mentioned above, with some prognostic adaptations (Egner, 2010). Specifically, variations within tumor size of it (T), are associated with decreased survival rates, for instance, primary tumor with diameter 2cm (53%), 3 cm (47%), 5cm (43%), more than 7cm (26%) (Rami-Porta et al., 2007). Lymphatic nodule involvement is a debatable topic due to a large degree of variability in classifications, but TNM staging attributes to worsening of the disease outcome (Rusch et al., 2009). Lastly, metastatic involvement is considered as the Stage 4 of the disease with average 8-month survival rate (Postmus et al., 2007). However, in addition to AJCC classification, it is important to b ewilder into account patient related factors such as gender, comorbidity, and age environmental factors like nutrition and quality of treatment (Gospodarowicz and OSullivan, 2003). Last statements are not strictly limited to NSCLC as similar variables may cause changes in SCLC patients.Treatment for SCLCStandard of apprehension for the extensive stage of the disease during the SCLC will be chemotherapy treatment. Usually, first line treatment will include six cycles of etoposide with cisplatin or carboplatin. Meta-analysis data on this topic is controversial, with no specific recommendations given by the authors about any of the benefits of the treatment (Galetta et al., 2000 Mascaux et al., 2000). A possible explanation was based on the toxicity of cisplatin or inconsistency in patient number in the control arm of the exertions (Amarasena et al., 2015). In addition, second set of meta-analysis data, six drug trials with 1476 patients in total, identified irinotecan and platinum a s a viable compounding for treatment of Stage IV of the SCLC (Jiang et al., 2010). Indicating the lesser amount of off-target effects ( less anemia, thrombocytopenia), and increase in overall survival rates. Thus, patients who are falling into the first line treatment regimen should result in overall response rate more than 20 %, and maintain therapy-related mortality as low as 5%.Knowing the limits of chemotherapy, the second line of drugs for SCLC is in development. Possible target therapies include inhibitors of cell proliferative sign of the zodiac pathways ( c-Kit, Src, EGFR, m-TOR etc.) angiogenesis ( VEGFR, VEGF) promoters of apoptosis ( Bcl-2, HDAC) immunotherapy and vaccines (CD56, p53) multidrug resistance (P-glycoprotein, MDR-1).It is important to indicate that most of the second line treatments are at the stage of development and majority of them does not show significant results. For instance, Imatinib did not show any significant response from patients in phase II tr ial as single drug moderate dose (600 mg daily) or high dose (400mgx2 day) therapy (Johnson et al., 2003) Similar apoptosis regulators with specific Bcl-2 regulates, like Oblimersen, did not show significant results in a clinical trial against a placebo group, despite promising data in the pre-clinical validation (Rudin et al., 2008).Better outcomes can be seen in angiogenesis studies with bevacizumab, monoclonal antibody antibody for VEGF-A receptor, maintenance therapy, phase II clinical trials, with combination with chemotherapy, showed 80% response rate, with 58 % chance of two years progressive free survival (Patton et al., 2006).Treatment for the NSCLCDespite the mainstream therapy with platinum compounds as first line drugs, and signaling pathway, immunotherapy drugs as a second line therapy. Additional running(a) intervention can be applied on initial stages of cancer.The main surgical procedure which is implemented in cancer treatment is the lung resection under the video -assisted thoracoscopic access (VATS lung resection). However, results are controversial with the feeler of 5 years survival outcome in 21 studies on one hand, and 1.6-time increase in post-surgical complications in 13 000 patients in the US (Gopaldas et al., 2010).Nonetheless, chemotherapy is the standard of care for stages III and IV. Multiple landmark trials hit shaped the treatment plan for the first choice. Starting with the JMDB trial which included administration of pemetrexed with cisplatin or gemcitabine with cisplatin, with overall response rate(ORR) of 30.6% and 28.2% in order (Scagliotti et al., 2009). In addition, both combinations have similar 10.3-month survival rate. Second, ECOG 4599, for nonsquamous carcinomas with the administration of carboplatin/paclitaxel with bevacizumab and carboplatin/paclitaxel alone (Sandler et al., 2006). Study indicate ORR of 15% and 35 % for double combination vs single, with 12.3 months and 10.3-month survival, in the same order. Las tly, the study of IPASS compared carboplatin/paclitaxel against gefitinib with ORR 32% vs 43% in order (Mok et al., 2009). With progression-free survival index of 5.8 and 5.7 months for combination and single therapy.The addition of drugs altering signalling pathways was a promising approach. However, like SCLC trial, most of the NSCLC were not significant. With the censure of angiogenesis inhibition by bevacizumab, listed for first line therapy above, a monoclonal antibody for vascular endothelial growth factor (VEGF). Evidence of a large randomized trial supports the significant improvement in ORR (Wheatley-Price and Shepherd, 2008)Second line therapy for the NSCLC includes docetaxel, pemetrexed (nonsquamous cancers), and tyrosine kinase pathway inhibitors erlotinib and gefitinib. In detail, the trial of JMEL examines pemetrexsed and docetaxel, with 9.1% and 8.8% ORR in order, and median survival of both drugs of 8.1 months (Scagliotti et al., 2009). Next drug trial, INTEREST, co mpared gefitinib and docetaxel , with ORR of 9.1% and 7.6% respectively, and median survival 8.3 and 7.9 month for each drug, same order (Kim et al., 2008). Lastly, clinical trial of BR.21 compared Erlotinib with the placebo group, with ORR of 9% and 6.7-month survival for the TKI (Shepherd et al., 2005). The addition of TKI was verified with a large cohort of patients in the randomized trial, with the exceptional activity of the gefitinib in EGFR mutations (Douillard et al., 2010).Overall NSCLC treatment options are oriented on chemotherapeutic approach with platinum compounds with the addition of EGFR specific TKIs.Gaps in general lung cancerThere several(prenominal) potential areas of improvement in current treatment and patient management strategies. Critical gaps in the lung cancer can be seen in delayed patient referrals, administration of first line treatment, undertreatment of old age patients, under-utilisation of palliative care, lack of psychosocial support for patients. The current essay will address first two topics in greater details.One of the major gaps in the lung cancer field is the delay in the patients referral to the specialized help. (Yurdakul et al., 2015) According to UK guidelines raft with possible symptoms of lung cancer should be referred to the specialists not later than 2 weeks after first GP visit (Nice.org.uk, 2017). Unfortunately, that is not always the cause and some patients will not see the specialist at all during the disease progression. For instance, it is estimated that 11% of lung patients in Australia will not be able to reach specialized care due to the socioeconomic stage setting or old age (Vinod et al., 2010). Additional studies identified more factors contributing to patients late referral, like 23% of UK lung cancer patients will be diagnosed only in the emergency department even though they have had multiple visits to GP and presented typical pulmonary symptoms (Barrett and Hamilton, 2008).Next area of improve ment is the underutilization of potential curative (surgical,chemotherapy) treatments in lung cancer (Blinman et al., 2010). For instance, Netherland study group identified that more patients receive surgical treatment in the active teaching and elegant hospitals than distant (Wouters et al., 2010). On the other hand, Australian group has identified no difference in curative surgical operations between rural and fundamental areas (Jiwa et al., 2010). Raising the question of countries treatment protocols and the need for standardization on the multi-national scale.In continuation, international guidelines for successful chemotherapy utilization are 73% for NSCLC and 93% for SCLC where each patient received at least one course of treatment (Jacob et al., 2010). However, combined data (NSCLC+SCLC) from the UK has dramatic differences , such as 21% for South East England and 20% for South East Scotland, so as the USA with 45% and Australia 30% (Jacob et al., 2010). Differences in numb ers are attributed to variation in clinical judgments by a doctor, patient preferences and hospital preferences (Blinman et al., 2010). Thus, it is possible to assume that some patients do not receive any treatment. Statistical studies support this statement indicating that 19% of USA, 33% of Australian, 37% Scotland and 50% of Ireland patients does not get any treatment for lung cancer, even though some efforts had a potential curative outcome.Lastly, from the perspective of novel medicinal treatment for pulmonary, it is vital to indicate difficulties associated with potential laboratory and clinical results. The general trend is observed with an adaptation of drugs from CML, breast cancer and colorectal cancers to the needs of lung cancer. However, most of the clinical trial are terminated due to the high toxicity of the drugs (Rudin et al., 2008) or absence of ORR (Johnson et al., 2003). Thus, based on available treatment options further development of monoclonal antibodies or g lycoengineering of human-like antibodies seems a promising direction (Patton et al., 2006). In addition, implementation of EGFR related TKIs, erlotinib and gefitinib, seems a good research avenue, with a focus on mutational aspects in EGFR signaling pathway (Douillard et al., 2010 Shepherd et al., 2005).Case abstract freedom of Speech LawCase Analysis Freedom of Speech LawCase Analysis Research Project Discuss in detail the basis of any challenges to region. B and evaluate the giving grown Bruces fans chances for success.IntroductionFreedom of diction, fellowship, semipolitical license and freedom of humans places is common in most states and as such, many cases regarding these freedoms is common. According to the first amendment in the US Bill of Rights, the people have the even out to assemble and to free destination. The supreme Court has therefore provided a list of universe places and spaces that expressive activities of right to speech and right to assembly can t ake place(Henry, 2009). Enthusiastic fans of Big Bad Bruce are planning a gathering at the Baltimore airdrome to welcome the rock star home and to show support for his candidacy. The part of transportation in Maryland state owns and controls the Baltimore airportdenies this group of fans consent to gather citing theatrical role B ofairports regulations that make it un truthful for any gathering that exceeds 30 people at any given time at the airport unless for travelling purposes.This report discusses in details the basis of all challenges to Section B citing laws regarding reality gatherings in airports in Baltimore, Maryland and the United States. This idea excessively explores the success chances of Big Bad Bruces fans regarding their permission to hold their welcome-home gathering for the rock star.This paper begins with a case brief that gives a condensed and concise summary of the airport opinion and the legal rule of law that applies to the case. The paper and then provides the case land including discussions of previously decided related cases using the actual court opinions of other legal cases and laws. The next section analyses the current and future implications of the case this section will discuss how the case is likely to affect current and future events and stage business laws using court opinions of other legal cases and mankindations. Also included in this case analysis research project is my personal opinion of the case. This will be based on legal rationale, principles, resources and other cases. The final section of this research paper will be the summary/conclusion of this case based on legal principles and facts. This paper examines how the Section B can be challenged based on the Federal laws and if the rock stars fans have chances for success in the lawsuit.Case briefThis case analysis research paper is about Big Bad Bruce and his fans. The rock star is returning home to announce his running for a political office and 200 enthusiastic fans of Big Bad Bruce are planning a gathering at the Baltimore airport to welcome the rock star home and to show support for his candidacy. The enthusiastic fans of Big Bad Brucewere denied permission to gather at the Baltimore airport to welcome the rock star home and express their support for his candidacy. The gathering would involve 200 fans as well as a speech on political views by Bid Bad Bruce to the fans that will take 15 minutes. The Baltimore airport denied them permission for the gathering citing Section B of the airport regulations that technicallymake it unlawful for more than 30 people to gather anywhere in the airport unless they are gathering for travel related issues. According to the airport authorities, such a prohibition is intended to make the airport free of congestion and ensure that activities go uninterrupted (Maryland State Archives 2013). Following this decision, the fans are challenging Section B and want to gather at the airport in support of the rock star and welcome him home. The issues that arise in this case include whether Section B follows the prototypic Amendment clause on regulations of the freedoms of speech, which includes political freedoms and freedom of association. Another issue that arises is whether Section B violates the First amendment.Case backgroundSection B of Baltimore airport regulations prohibits any mental strain of gathering of more than 30 people at the airport unless the gathering is travel related. In this case, several issues arise if the lawsuit goes to court. According to the first amendment of the US constitution, all fans that are US citizens have the freedom to speech including freedom of association and political freedoms. This core that the US regime as well as the state governments should and must adhere to this first amendment. However, the said governments may and can dictate time, place and other restrictions on the defended speech through the 14th amendment of the constit ution. The welcome gathering and political speech that the fans of Big Bad Bruce want to hold is of this nature.Saying so, the Department of Transportation in the stateregulates a public forum with reasonable time, space and other restrictions leaving an open end for communication regarding important government bear ons. Section B is however neutral as it is not specific to speech and so the rock star fans have the chance to challenge it as an overboard rule that allows no room for their speech related activity. Section B prohibits gathering outside the terminals and this makes the law unduly overboard as it restricts any form of gathering above 30 people anywhere in the airport. Some parts of the airport might be considered public forums but airports are slackly held as not to be public forums even though they are property of the public. A similar case would be that of International Society for Krishna awareness (ISCON) v. Lee. In this case, the New York and New Jersey port auth orities had put in place a regulation prohibiting solicitation of funds and distribution of literature at airport terminals. The ISCON alleged violation of the first amendment by the regulation(Stone, 1987).On this basis, all public gatherings in the airport can be banned by the concerned authority, which is the Department of Transportation in Maryland, of which it can prohibit the use of the ground for any speech related activity. This will happen if the Section Bs purpose is to ease congestion and promote facile running of airport activities. There is no provision that enables a person to determine what convey or activity is precisely prohibited. In this situation, the regulation is overboard as it forbids more conduct than what is considered necessary to achieve the main purpose of the regulation. A similar case would be that of Hague vs. CIO whereby a city official was allowed by an ordinance to decide whether an organization seeking to hold a gathering in public places in the city could do so. In this case, if the city official decided that the meeting would be a risk disturbance, then the request would have been rejected. The law in contention was also vague and overboard (Stone, 1987).Analysis of Current Implications of CaseThis case is challenging Section B in order to puzzle access to the airport for the welcome-home gathering. It is also challenging the use of Section B as a means of contradicting the first amendment that guarantees freedom of speech including freedom of association and political freedom. The State of Marylands Department of Transportation denied the groups of fans permission to have a public gathering at the airport. If the court upholds this decision, it is going to affect current issues and business laws in different ways. First of all, the first amendment prohibits the US government and the states government from forbidding assembly and speech by imposing putting restraints. In The Hague v. CIO case, the Supreme Court upheld t he freedom to assemble by siding with the CIO with its intended activity of peaceably distributing literature and organizing labor meetings .The Supreme Court therefore ruled in the CIO favor showing that the city ordinance violated the First Amendment. The government may limit speech or assembly only when the speech or assembly has a compelling interest like presenting a potential harm to the general public(Van William, 2003).Section B tends to violate this law as it prohibits public gathering of the rock star fans as well as his intended public speech. A regulation that limits space, time and manner of assembly or speech may be allowed in some instances mostly in security instances. In the case of Big Bad Bruces fans, Section B all the way violated the First Amendment act by prohibiting public gathering anywhere in the airport. Even though airports are not considered public spaces, they are stillness spaces that the public own. Since the purpose of this law is mainly to deconges t the airport and enable smooth running of activities and operations, the fans had the right to assemble as long as they did not cause congestion or interfere with smooth operations of the airport(Van William, 2003).Analysis of Future Implications of CaseSince its adoption, the First amendment with its fundamental freedoms of speech, religion, press, assembly and petition have been intensely debated. The US courts have interpreted these freedoms in various landmark cases hence setting the standards for these freedoms. The cases involving ISCON v. Lee, Hague v. CIO and now Big Bad Bruces Fans v. Baltimore Airport involve state and public office regulations that violate the First Amendment. However, airports are not considered public spaces even though the public owns and uses the airports. This case involving Big Bad Bruce raises a question on what public organizations the First Amendment applies.According to the US constitution, the First Amendment applies to all government levels including public offices and spaces. Even though courts cases have managed to limit the freedoms to assembly and speech in some instances, the First Amendment protects the citizens. Until another amendment or clause is added by the congress, the freedoms of speech and right to peaceably assemble still stand and the state will and shall protect these freedoms. The government may still limit assembly or speech based on the purpose or content of which standard it is difficult to meet. The public should note that the First Amendment does not specifically require the US and states governments to respond to petitions by citizens on the violation of the First Amendment (Emerson, 1963).Personal Opinion of CaseIt is get that the First Amendment guarantees all US citizens the freedom of speech, association and political freedom. The first challenge on Section B would therefore be based on that the law is broad and vague. There is no provision that enables a person to determine what conduct o r activity is precisely prohibited. In this situation, the regulation is overboard as it forbids more conduct than what is considered necessary to achieve the main purpose of the regulation. The purpose of avoiding congestion at the airport and ensuring smooth airport operations can therefore,be achieved with less restrictive means of enforcing a regulation(Garvey Schauer, 1996).The amendment also imposes restrictions regarding time, space or other manner of restrictions on the freedom of speech and requires that the right to association or assemble is done in a peaceful manner. The restrictions will however depend on whether the restriction restricts assembly or speech in a public or non-public forum. If the airport is a public space because the public owns and uses the place, then the government can have a restriction for the interest of the government and only if it allows alternative open cannel for communication. In this case, Section B is quite ambiguous and vague and so it is not clear if the purpose is to protect the interest of the government, which is a neutral content. In addition, it appears to restrict all forms of gatherings of more than 30 people unless the gathering is travel related. If the court rules that the restriction serves a neutral purpose, it should then specify if it is to promote an interest of the government. As it is stated in the regulation, Section B seems to be putting up restrictions more than it is necessary to enable smooth operations of the airport the neutral purpose is unlikely to be found. If the court also finds Section B to be tailored for the interest of the government, the court should also state whether an alternative open line of communication was provided for. Section B states that there should be no form of gathering anywhere in the airport including concourse, gates, parking lots and grassy knolls so it does not seem to promote a significant interest. Section B should therefore not be held as a valid regulation for a public office since it does not show any narrowly tailored interest and leaves no open sway for alternative communication(Henry, 2009).Summary/Conclusion of CaseIn conclusion, the First Amendment protects the freedoms of association and assembly in the US including Maryland State that houses Baltimore airport. The 200 fans of Big Bad Bruce that are planning to gather for the welcome home gathering and the intended speech of 15 minutes by Big Bad Bruce on political views are protected by this amendment. However, the amendment applies to all levels of government and public spaces. The amendment also provides for a regulation clause limiting the time, space and other restrictions on the speech and association freedoms. However, the regulation should serve a neutral content like government interest and should allow an open channel for communication. Several issues arise in the case that require jurisdiction of the court. As seen in other cases of this nature, the court and the Su preme Court can deliberate on petitions by the public regarding violations of the First amendment. The court will have to make a ruling based on whether the First Amendment is violated, if the regulation serves a narrowed interest and/or if Section B regulation leaves an alternative channel for communication. This case analysis research paperdiscusses how the Section B rule can be challenged based on the law and the chances for success if the rock stars fans file a lawsuit.ReferencesEmerson, T. (1963). Toward a General Theory of the First Amendment.YaleLaw diary, Vol.72, no. 5.pp 877-956Garvey, J. Schauer, F. (1996). The First Amendment A Reader. St.Paul,Minn West Pub.Co.Henry, C. (2009). Freedom of Speech and Press Exceptions to the First Amendment.LegislativeAttorney. Congressional Research Service.Maryland State Archives (2013). Department Of Transportation. Maryland.Stone, G. (1987). The Burger Court and the Political Process Whose First Amendment?HarvardJournal of Law Public Policy, Vol. 10Van, A. William, W. (2003). Reconciling What the First Amendment Forbids with What TheCopyright Clause Permits A Summary Explanation and Review. Law and Contemporary Law Problems, Vol 66, No. 225

The Concepts Of Alternative Dispute Resolution Law Essay

The C oncepts Of Alternative Dispute Resolution Law EssayThe coursework question is relates with the concept of Alternative dispute resolution. This coursework question is besides linked with relationship amid ADR, CPR 1998 and EU Directive regarding the matter of Mediation. The comment of manufacturer Rodger of Earlsferry is a significant part of this coursework. In my coursework I will chronologic altogethery discuss the memoir of ADR, its relationship with Civil Procedure Rules(thereafter CPR), Its implementation in the Courts, Judges attitude on various possibilitys and its move on European Court of Human Rights (thereafter ECHR) specially in the Art-6. Present situation in ratified area and possible probabilities in the future.Alternative dispute resolution (thereafter ADR) is a way of trying to fleet civil dispute. The concept of ADR arose mainly from a negative ca using up such as, dissatisfaction with the delays, personifys and inadequacies of litigation process. I t is the process of resolving disputes in place of litigation. The most habitual classification is to describe ADR as a structured dispute resolution process with third party intervention which does non impose a de jure binding out have intercourse on the parties.1It is one kind of facilitated settlement, which is confidential and without blemish. So the materials of the process command non usually be disclosed to a tourist court2.The simplest forms of ADR to understand are inter mediation and conciliation. Some important providers of ADR include arbitration within the ambit of ADR since it is an alternative to litigation in the courts. Others would exclude arbitration on the basis that it is a legal process, the outcome of which is binding. Parties to a dispute have unendingly been able to refer their dispute to arbitration which is a far elderly and to a greater extent formal means of dispute resolution than either mediation or conciliation.3In the 1970s the concept of mo dern development of ADR established in the United States beca practice session of high exist and long delays of litigating business disputes. ADR was playing an increasingly useful part in the commercial area to give the sack some disadvantages of highly expensive and strict adversarial system.In late 1990s the civil justice system in England and Wales go through a massive revolution. Especially Lord Woolf creates a significant impact regarding the matter of ADR in his enormous report, Access to Justice. His view implemented in a amazingly short time by the civil operation rules 1998 and the Access to justice Act 1999. These changes premise a new dimension in the culture of litigation.thither are different types of ADR utilize in commercial disputes such as, Arbitration, Conciliation, Mediation, Ombudsmen etc. Arbitration, Conciliation and Mediation is the most famous physical process from all of them.Arbitration has the force of law and generally an arbitrators stopping pr esage called an award which can be enforced in the courts just as a judgment of the court.4Section 1 of Arbitration Act 1996 introduced some particular proposition rules and regulations regarding this process such as impartial tribunal, un-necessary delay and expenses.5Conciliation is rather parallel with the concept of mediation. In that process conciliators offer in return not to try the font but this is rarely taken up. The process is mandatory in Switzerland.Mediation is the most famous and accepted method of ADR in England and Wales. It is quick, non-binding, without prejudice and confidential. In that process a mediator acts as a go-between to dissolve the dispute and complimentss to make a settlement. The mediator must be a neutral party. Mediation is about much more than just assisted without prejudice negotiations but confidentiality and privilege are the very tail ends of the success of mediation. Parties to mediation need to be sure that what they say in mediation and documents produced for the mediation will not become popular knowledge or become evidence in soundings, whether litigation, arbitration or adjudication.6There are varieties of reason to choosing mediation over other ways of dispute resolution such asA slight expensive route to follow for dissolves the dispute.It offers a confidential process.It offers multiple and flexible possibilities for resolving a disputeThis process consists of a mutual endeavour.It takes place with the care of a mediator who is a neutral third party.If we analyse the whole process of ADR indeed we will find that the most significant criteria of this process is the limit Confidentiality. This term significantly increase the parties interest regarding the matter of ADR. Confidentiality is integral to the relationship between the mediator and the parties are one of the four fundamental and universal characteristics of mediation. It is the cornerstone of the relationship of trust and that must exist betwee n the mediator and the parties. It is crucial to the voluntariness of participation of the parties and to the impartiality of the mediator. The parties must not feel that they might be deprived by whatever disclosure that may be use in legal proceedings or in all other way7In the coursework Question the statement is relates with the matter of mediation. at present i will discuss about mediation and its relationship with CPR 1998, baptisterys and pass judgmentment of the courts and the impact of EU Directive.There was no defined overriding objective for civil justice when ADR orders were devised by the commercial court judges. CPR pt 1 has now identified ADR as one of the courts tools of active case management available to achieve that objective.8Lord Woolf provides significant impact on ADR especially on mediation on his reforms proposal. His target was given prominent status in the courts new case management powers. Especially in , CPR 1.4There are some important rules struc tured in the CPR1998 regarding the matter of Mediation or other form of dispute resolution such as, r-1.1(2), 1.3, 1.4, 3.1(2)(m), 26.4(1), 44 etcRules-1.1(2) provides that mater must be dealing with justifiedly manner if it is practicable. There are some element has to be consider in this part such as, parties must be in equal footing, livery expenses, matters must be dealings proportionately, matter must be deal with expeditiously and fairly.9Rules-1.3 provides that parties are required to help the court to win the overriding objective. It also provides general duty of the parties.10Rules-1.4 provides about courts duty towards the parties where verbalize that court must further the overriding objective by actively managing cases which includes encouraging the parties to co-operate each other, notice the issues in early stage, helping the parties to settle the whole or part of case.11Rules 3.1(2)(m) stated about general powers of management of the courts where court can take a ny step to uphold and furthering the overriding objective.12Rules-26.4(1) stated that parties can request for stayed. Court can grant their request if they think appropriate.13Rules-44 provides general rules about the monetary values of the procedure such as cost are payable by one party to another, amount of those cost, when to be paid etc. In r-44.3(2)(a)where stated that hitless party will be ordered to pay the costs of the successful party but court can make different order.14The significant impact of CPR 1998 regarding the matter of dispute resolution could be found in some cases. In the case of Dyson Field exors of Lawrence Twohey deed vs Leeds City Council,15Ward LJ stated that matter relates with overriding objective of the CPR and courts duty to manage cases according to rule 1.4 of CPR. He also stated court should promote the parties. In the case of R vs Plymouth City Council16, where Lord Woolf has given more strain on CPR and he also suggested that mediation should g et the priority over the litigation. So we can say that modern CPR rules create a significant impact on the matter of dispute resolution.Judges always give emphasize on the matter of ADR in order to save the cost and time. Courts also began to give warnings and issue advice at the conclusion of cases that parties should seriously consider ADR or graze the risk of costs penalty. Now i will discuss some applicable cases and judgement which will provide the legal glide pathes regarding the matter of mediationIn the case of Dyson Field vs Leeds city Council17, Lord Woolf was a member of the CA. The matter was related with mediation where Ward LJ said that court should encourage the parties to use ADR to dissolve their matter and it also should be sooner rather than later. There is another important case which is Cowl vs Plymouth City Council18, Lord Woolf has given a speck judgement regarding commercial court ADR order. He delivered powerful comment on both parties failure to use a n available ADR process and the delay and cost of violently contested of judicial review proceedings. He also stated that if the parties dont go for the mediation thus it would be wastage of public money.There are case Hurst vs Leeming19, where Lightman J. declared that alternative dispute resolution is at the heart of todays civil justice system although mediation is not in law mandatory but its a significant and attractive aspect of civil justice system. There is another landmark case Dunnett vs Railtrack20, case regarding the matter of penalty impose for not fetching mediation. Mrs Dennett lost her horse because contractors cant padlock the gate. She sued for compensation but lost in the county court because her lawyer wrongly framed the case. She appealed in person and she gets the permission to appeal. Schiemann LJ suggested for mediation but the Realtrack rejected this offer despite the fact that CA offered a free mediation scheme. CA expressed regret about this. They consi dered whether Realtrack had make Pt 36 offers. Mrs Dennett was unsuccessful. Then Railtrack asked for their costs but CA made a separate judgement on this cost issue. CA held that Railtrack couldnt recover their cost because they had refused to participate in ADR.So judgement of Railtrack case gets a lot of controversy because the party faced adverse cost consequences, even they win the trial. Despite this case mediation is not mandatory or nor it should be because part of the mediation process is that the parties should want to come voluntarily in the process. If mediation becomes mandatory then there is a great chance to lose it significant aspect.In the recent case cost sanction issue raised once over again in Halsey v Milton Steel v Joy (joint Appeal)21,in this case the actual fact was if any party ignoring to mediate the dispute which was requested by an inter-party then cost sanctions should be imposed or not. Dyson L.J held the court cannot require a party to proceed to med iation against his will as this would contravene art.6 of the European meeting on Human Rights. The court did however confirm that costs consequences could follow from unreasonable failures to mediate.22But it was not clear whether the court take this point because this point was submitted in the last minute.On 21 May 2008, the Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters was adopted. expression 1 state the aim of the directive is to facilitate access to alternative dispute resolution and to promote the amicable settlement of disputes by encouraging the use of mediation and by ensuring a balanced relationship between mediation and judicial proceedings.Article 3 of the EU directive provide the definition of mediation as a structured process whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an concord on the settlement on their dispute with the assistance of a mediator. Article 5 of the EU directiv e provide discretionary power to courts to invite the parties to use mediation to settle their dispute. Article 6 of the EU directive states that a written mediation settlement may be declare enforceable if all the parties agree to the process. Article 7 of the EU directive provide reasonable support regarding the matter of guaranteeing the Confidentiality of the mediation process.The Directives basically suggested the state parties to make the laws to encourage the parties to do mediation by the court, not by compulsion. The directive states, the directive applies to civil and commercial matters, and is intended to promote mediation, and ensure a sound relationship between mediation and judicial proceedings.23EU Parliament and council agreed the Directive to encourage the use of mediation because its a quicker procedure to a civil litigation and cost effective for cross-border commercial disputes.According to the coursework question now this essay will justify the statement which i s provided by Lord Rodger of Earlsferry regarding the matter of mediation.Obliging parties to sop up in some form of mediation whether as a pre-condition to going to court or as a result of compulsion by the court, seems to berather hostile to the spirit of the guarantee in Article 6 of the European convention for the protection human Rights24In that above statement he has given more emphasize on present situation of mediation and its application on the Art 6 of ECHR. According to that statement present mediation procedure is preferably contrary with the concept of Right to a fair trial. ECHR adopted into English Law from 2 October 2000 as a result of the HRA 1998. Art 6 of ECHR is quite interlinking with ADR. Now the main issue is whether the present procedure of mediation is violating the Art 6 of ECHR or not.Tthe statement of Lord Rodger of Earlsferry is not quite relevant with the present situation of mediation. There are present some reason behind this. Mediation is not a ma ndatory procedure in our legal system but it has got a special significant aspect after the Woolf reforms 1998.Mediation agreement often specifically state that, The referral of the dispute to mediation does not affect any chastises that may exist under Art 6 of ECHR. If the dispute is not settled by the mediation, the parties rights to a fair trial hold on unaffected. It is true that EU court encourages parties to settle disputes extra-judicially because it will save cost, time, delay etc. In the matter of mediation court can intervene in the process to protect the right to trial such as if there is any undue pressure upon a party into a non-judicial process. In the case of Deweer v Belgium25, the matter related with the debate about whether mandating mediation is permissible or not. Deweer could avoid such proceedings by paying a amiable settlement. He chooses settlement but reserved his right to challenge the proceedings. Then he initiated a challenge regarding the matter of A rt 6 of ECHR. Deweer held to have waived his right to go to court only by reason of restraint which vitiated his admit to paying the friendly settlement.26In process of mediation, no one is temperate to settle. Participation is entirely voluntary any hidden matter of the parties or procedure cant later be discussed before a trial or elsewhere because of confidentiality. No one ever enters the process on the basis that they must settle or if they dont that then cant seek remedy from public court. Mediation is not like the status as arbitration because it totally depends on the parties will. In McVicar vs UK27, EU court has held that Art 6 is not infringed by restraint court access to vexatious litigants, bankrupts, mental patients.In CPR1998 there is lots of provision which should be maintained by the parties before going to any public trial. Before proceeding parties must fulfil some pre-action protocols and practice direction then party must pay court fees at several(prenominal) s tages. Parties also need to fulfil other procedural requirement such as allocation questionnaires, statement of case, disclosure and evidence. In R vs Lord premier exparte witham28. The matter regarded breach of Art 6 because of withdrawal of court fees exemption scheme for those on income support. So if anyone doesnt follow those procedures regarding CPR they will be probable and they may get punishment or imprisonment. So it seems that these CPR requirement doing breaches Art 6 because parties have to maintain some rules and provision against their wish and will. Now if these are not breach of Art 6 then why ordering of mediation would be breach of Art 6. In Golder v UK29, it was held that ADR O.K. in CPR Pt1, where stated a mediation is not breach of such requirements. In Deweer30case also confirmed that this dispute process is not breach of Art 6 rights.Its clear from the Halsey31case that mediation must always be voluntary under English Law. Court or judge to order mediation would be a possible breach of Art 6(1) of European convention. If we analyse all of the cases then two significant points would be come out. They are,Forced by a judge into ADRStrongly encouraged towards ADRFirst approach is likely to violate Art 6, as Halsey confirms. But the second approach is not clear, is immune from challenge under the convention as jack J said summarising in Halsey, the fear of costs sanctions may be used to remove unmerited settlements32. To distinct between Voluntary and Coerced ADR in this background is hard to draw with certainty. Jack J suggested in Carleton v Strutt Parker33 A litigant who is landed with an unfavourable costs order for failing to agree to ADR goes to mediation at the courts suggestion but is afterwards stigmatised as failing to participate in good faith, could reasonably claim that this outcome operates as obstruct or fetter on the right of access to the court, contrary to Art 6, and that their apparent consent to ADR was no waiver of t heir fundamental rights now directly enforceable in English Law under the HRA 199834.The evidence supporting the use of mandatory mediation is mixed. Central London County Court saw a enormous increase in mediations following Dunnett case, but the settlement rate also consistency declined during that check35.If judges apply too much pressure, the overriding objectives of the CPR may not be achieved its goal to lower the settlement rates with wasted cost and time but some pressure is needed to ensure that parties should consider mediation as an option but this pressure is less needed than it once was because the legal profession involved in construction litigation now knows the benefits of mediation. Although many countries those have strong conscious about human rights and constitutional rights introduce conciliation or settlement conference chaired by judges in their legal system. This can be called Courts mandate mediation. So by this process they want to put mediation within cou rt process which would be more acceptable regarding the matter of conventional rights.In the Halsey case CA held that court cannot proceed a mediation process against the parties will which would be contrary to the Art 6 of ECHR but in the case of Shirayama Shokusan Co. Ltd v Danovo Ltd36, court issued a mediation order even though one party was unwilling. CPR r. 1.4(2)(e) emphasised to encourage the parties to use alternative dispute resolution. Sir Anthony Clarke37states that Court has the power to order controlling mediation and he also said that Halsey decision was a obiter so there was a chance for the judges to make compulsory mediation order. He also suggested that courts have a jurisdiction to order mediation process under the CPR. Sir Gavin Lightman also expressed his view on behalf of the mediation process.Sir Anthony Colman38states that there is a close relationship between the court and mediation. He also states that mediation process is not mandatory. Lord Philips39sta tes that in adversarial litigation there are lots of complications such as solicitor fees, court fees, defendant is faced with a huge bill for the claimants cost and insurance, delay and complex procedure, disproportionate cost etc. According to him ADR is quite reasonable and flexible procedure because it does not have any additional difficulties. He also states that court order to the parties for mediation is not infringe Art 6 of ECHR.Lord Philips, Sir Anthony Colman and Sir Gavin Lightman are the supporter of mediation process because litigation process has lots of disadvantages and mediation process has flexible, time saving, cost saving and confidential process which is reasonable for the parties as well as for the society. Although EU directives contain some provision where state that court must encourage the parties to use mediation process to settle their disputes. Some cases like Cowl, Dunnett and Halsey cases where maximum of the judges held that parties should use mediat ion voluntarily rather than mandatory and court always encourage the parties to take this procedure. Although in some cases there was some controversy but different judges has given their views regarding this matter and maximum of them supported the procedure of existing mediation procedure. So at last it can be said that the present procedure of mediation is not obliging the parties but encourages them to further overriding objective of the court.

Reading Lolita in Tehran Essay -- Literary Analysis, Azar Nafisi

Azar Nafisi, the bank clerk of Reading Lolita in Tehran A Memoir in Books (2003), is a self-centered, self- righteousness character who, according to her claim, has in truth little contact with other Iranian people in general. (p. 11, 74, 186, 169) Being very American (p. 175), in several incidents she finds herself in a great exceed of what others acknowledge as custom, ordinary or natural. (p. 32, 98, ..) Bear that in mind, she also admits that events in her mind have become confused (p. 89) Yet, do these shortcomings mean that Nafisi is an unreliable narrator? Should the fact that there is a lot she does not know about events or can only relate from hearsay, put angiotensin-converting enzyme on guard against her judgments?In the first pages of the text, the narrator functions primarily to establish a representational frame within. At first, like a camera she presents an overall perspective, which is elucidating invigoration in the Islamic Republic of Iran. An attitud e that will always hover above the scenes to come that invites the reader to see the entire scenes and outlines under its shadow. Afterwards, the cameras perspective changes as it introduces the close up image through two photographs. In these photographs, the reader is made acquainted with seven young woman who, in accompany with their teacher Nafisi, form a literary group to discuss literature. These photographs, however, perform another significant task they are complementary in the biography discourse. While the narrator addresses the reader repeatedly and directly she almost desperately asks them to be a part of the scene. The two photographs, being effectively graphic, almost instinctively engage the reader with the text. In this manner, taking the reader, the narrator esta... ...ngs are leaning against the wall, the vases are on the floor, the fireplace is in the corner, the love seat is against one wall and the peach couch is facing the window. Therefore, at the end of the description, one, inevitably, feels a sense of familiarity with the living room as well as the narrator. As the narrator changes perspective, the audience respectively adopts the narrators point of view and sees and experiences events as she sees and experiences them. The same attitude, repeats in introducing the girls via the photos, as the narrator does not find it adequate to scarcely name the girls, she points out to their specific place within the photo. As if the reader is holding the photo, she indicate the one to the far right is Manna, Yassi is the one in yellow, bending forward and bursting with laughter, I am the one in brown. (p. 4)

Comparing the Themes of Vincenzio Bellini’s Norma and Euripedes Medea

Comparing the Themes of Vincenzio Bellinis Norma and Euripedes Medea Vincenzio Bellinis opera Norma is considered by m each to be a reworking of Euripedes classic Greek tragedy Medea. Both plots have many identical elements of Greek tragedy such as a chorus, unity of location, and a valet de chambre decision and action culminating in tragedy. Richard Wagner greatly admired Greek tragedies, believing them to be The highest point ever reached in human creative achievement (Wagner 1). In his essay Theories of Art, Wagner gives five reasons for this artistic perfection 1. It represented a successful combination of the arts-- poetry, drama, costumes, mime, music, dance and song-- and as such had greater scope and expressive powers than any of the arts alone. 2. It took its subject matter from myth, which illuminates the human experience in universal terms. (The myth is true for all times. (Wagner 2)) 3. Both the content and the occasion of performance had spectral significance. 4. It w as a religion of humanism and a celebration of life, even in death. 5. The entire community took part. Medea also deals heavily with the themes of female jealousy, its capabilities, and infanticide, as does Norma. Norma exhibits not only the embodiment of these themes, but also exhibits Wagners theories of effectiveness of Greek tragedy, therefore qualifying Bellinis opera to be as effective in limning the classic ideals of Greek tragedy as its counterpart, Medea. Wagner believed that as time went on, Greek art slowly disintegrated, each individual art going a crystalise way, developing aloneinstrumentals without words, poetry without music, drama without either, etc. He believed it further disintegrated with the introduction of Christiani... ...s Medea Trans. Rex Warner. The Harcourt Brace Anthology of Drama Third Edition. Orlando Harcourt, 2000. Georgousi, Fotini Tragic Women Plotting and Transgressing Minnesota University Press 2001. McIver, Barbara Basore, B.A., M.A. reaso ned Girls, Bad Girls and Heroines Models from Myth University of Akansas Press 1968. Plunka, Gene A. Ed. Antonin Artaud and the Modern Theater New Jersey Associated UP, 1994. Romani, Felice Norma (libretto) trans. Olcese, Stefano, 2000. Romani, Frederico Alexandre Soumet and his Three Muses Minnesota Opera Pubs. 2003. Schumacher, Claude and Brian Singleton. Eds. Artaud on Theatre London Methuen, 1989. Sferro, Nuccio Norma Libretto Notes Stanford University Press, 2000. Wagner, Richard Bellini A Word in Season trans. William Ashton Ellis Wagners Prose Works Vol. 8 pp. 67-69, 1899.

Mr. Shimerdas Suicide in Willa Cathers My Antonia Essay -- My Antoni

Mr. Shimerdas Suicide in Willa Cathers My AntoniaMy Antonia, by Willa Cather, is a novel about Jim Burden and his relationship and experiences growing up with Antonia Shimerda in Nebraska. Throughout the book Jim reflects on his memories of Nebraska and the Shimerda family, often times in a sad and depressing tone. One of the main ways Cather is able to stimulate these sad emotions within the reader is through the suicide of Antonias father, Mr. Shimerda. His death was unexpected by everyone and it is thought that homesickness is what drove him to take his own life. Homesickness was surely matte by Mr. Shimerda, as it was by many, but it was the failure to adequately find a way to provide for his family that sent Mr. Shimerda into a depressing downward coil that left him no foreseeable alternative but to take his own life.The first descriptions of Mr. Shimerda are that of a successful businessman that had always provided well for his family. I noticed how white and well-shaped his own hands were. They looked calm, somehow, and skilled. His eyes were melancholy, and were set back deep under his brow. His face was ruggedly formed, but it looked like ashes like something from which wholly the warmth and light had dried out. Everything about this old man was in keeping with his dignified manner (24)Mr. Shimerda was indeed a prosperous man in Bohemia, but had made his living in the business world, not by running a farm to provide for his familys needs. His hands show that he rarely performed hard manual labor, but that he did work hard with his hands to weave. His face however shows signs that he was already having doubts about the welfare of his family and their survival. The manifest glow that he must have once had was now replaced by the look of heavy thoughts. This came from the burden of providing for his family by way of very unfamiliar and uncorrectable means. He had already lost a great deal of money in the familys traveling expenses and overpaid for t heir property. They paid way too much for the disgrace and for the oxen, horses and cookstove (22). Mr. Shimerda must not have thought that he would have to support his family by means of plowing fields for food and actually building a home from materials gathered from the earth. He was a businessman and made a life for his family in Bohemia by working. He was a weaver by workmanship had been a skil... ...tely the Shimerdas were the only Bohemian family for miles. Something as tragic as his suicide would surely bring at least some compassion from someone in the community towards his family. Mr. Shimerda had run out of options to choose from and decided that he could do nothing more and finally gave up. And of course it was not until his suicide that neighbors, such as the postmaster and the father of the German family, did finally come out of the woodwork, most likely out of shame for not doing anything about a known family in need. The intelligence information of what had happe ned over there had somehow got abroad through the snow-blocked country (88). And that spring, neighbors helped build a new home for the family and helped get the farm working. The Shimerdas were in their new enter house by then. The neighbors had helped them build it in March (95). Mr. Shimerdas suicide ultimately was a determining factor with getting the help he ask for his familys survival. This could have been something he thought about when he took his own life. Regardless, if it were not for his inability to provide an adequate life for his family in the new country, Mr. Shimerda never would have committed suicide.

Retail Inventory :: essays research papers fc

Retail Inventory-Level Planning consists of retail inventory method ( mouth) which is an accounting procedure whose objectives are to maintain a perpetual. It everywherely can book inventory in retail dollars amounts and to maintain records that make it possible to determine the cost look on of the inventory at any meter without taking a physical inventory. Also known as book inventory system or perpetual book inventory. Retailers also have some other important choice to make the stock to sales ratio. The stock to sales ratio is derived directly from the planned inventory to determine monthly additions to stock in the merchandise budget plan. Retailers generally think of their inventory at retail price levels rather than at cost. Retailers workout their initial markups, additional markups, and markdowns, and so forrader as percentages of retail. When retailers compare their prices to competitors, they use retail prices. The problem is that when retailers to design their finan cial plans, evaluate performance, and prepare financial statements, they need to know the cost value of their inventory. Retailers use physical inventories. This process is time consuming and costly. Retailers take physical inventories once or twice a year. Many retailers use point of sale terminals that advance track of every item sold its original cost, and its final selling price. The rest of the retailers face a problem of not knowing the cost value of their inventory at one time. These retailers with either computerized or manual systems can use retail inventory method. Their are five advantages for using RIM over a system of inventory at cost. The does not have to cost each time. When retailers have many SKUs, keeping track of each item becomes embarrassing and expensive. It is easier to determine the value of inventory with the retail prices marked on the merchandise than unmarked or at coded cost prices. The second advantage for using RIM is that it follows the accepted ac counting principal of valuing assets at cost or market value, which is lower. This system lowers the value of inventory when markdowns are taken but does not ply inventorys value increase with additional markups. When using RIM, the amounts and percentages of initial markups, markdowns, and shrinkage can be identified. This information can then be compared with historic records or industry norms.RIM is useful for determining shrinkage. The difference between the book inventory and the physical inventory can be attributed to shrinkage.