A Historic vs. An Historic

A Historic vs. An Historic A Historic vs. An Historic A Historic vs. An Historic By Maeve Maddox My post A Useful Reminder About ‘An’ prompted an outpouring of emails asking, â€Å"How about an history or an historic?† Some points of English usage stir strong feelings. Placing the indefinite article â€Å"an† in front of the words historical or historic is one of these. Here are some comments prompted by a post I wrote on this topic several years ago: When people use â€Å"an historical† on NPR, it’s because [they’re] snooty. Only a Cockney or an hidiot [would say] â€Å"an historic.† [People who defend â€Å"an historic†] are pseudo-intellectual, American linguistic â€Å"posers.† For certain Americans, it’s all about self-consciously pompous affectation! I  would never ever use â€Å"an† in front of any word with an aspirate H at the beginning. That just isn’t what it’s for, and it sounds pretentious. The simple facts about the use of â€Å"an historical† and â€Å"an historic† are these: 1. Style guides like The Chicago Manual of Style, The AP Stylebook, and The Penguin Writer’s Manual regard the following as correct in modern usage: â€Å"a historical event† â€Å"a historic event.† 2. Many speakers still say and write â€Å"an historical†Ã¢â‚¬â€œand they do so with no intention of sounding affected, pompous, or pretentious. Pronunciation changes from generation to generation, but never in one fell swoop. Pockets of older forms continue to exist even after the majority of speakers have made the switch and authorities have recorded the new rules. The Google Ngram Viewer provides an interesting look at the progress of â€Å"an historic† vs â€Å"a historic.† In 1800, â€Å"a historic† barely shows. It begins its rise in the 1820s. In 1869, â€Å"a historic† is neck and neck with â€Å"an historic.† The two travel along fairly close together until the First World War when â€Å"an historic† pulls ahead and dominates until 1938. After that, â€Å"a historic† becomes the clear winner, although â€Å"an historic† and â€Å"an historical† remain in use. Here are two recent examples of the use of â€Å"an historical† in the context of educated English: Primary sources enable the researcher to get as close as possible to the truth of what actually happened during an historical event or time period.  (Note on the New York University library site.) The Making of Southern Europe: An Historical Overview (title of a recent publication of the London School of Economics) Clearly, modern usage prefers â€Å"a historic† and â€Å"a historical,† as well as a before other â€Å"h words† that readers asked about: â€Å"a hotel,† â€Å"a horrible accident,† and â€Å"a horrific statistic.† The word herb (succulent plant used for seasoning) is pronounced both with and without an aspirated h. â€Å"A herb† is modern British pronunciation, although British author Edith Nesbit (1858-1924) wrote â€Å"an herb† in one of her novels. Many Americans–although by no means all–say â€Å"an erb† and write â€Å"an herb.† Unquestionably, accepted current practice is to use the indefinite article a in front of all but a very few words that begin with the letter h. The most common exceptions are: an heir to the throne an honorable man an honest man an hour or two Speakers who say â€Å"an historic† are not necessarily being â€Å"pretentious or snooty.† It could be that they learned the usage from family members and teachers educated in earlier generations. Follow the style guide of your choice. Save your linguistic wrath for things like, â€Å"Me and my brother graduated from Georgetown.† Want to improve your English in five minutes a day? Get a subscription and start receiving our writing tips and exercises daily! Keep learning! Browse the Spelling category, check our popular posts, or choose a related post below:Creative Writing 1015 Brainstorming Strategies for WritersAppropriate vs. Apropos vs. Apt

Harvard Referencing †Citing a Journal Article

Harvard Referencing – Citing a Journal Article Harvard Referencing – Citing a Journal Article The â€Å"Harvard† referencing system – actually a generic term for author-date referencing – is used around the world for citing sources in written work. As such, every college student should know the basics of the Harvard system. In this post, we go over how to cite a journal article using Harvard referencing. However, it’s worth remembering that many institutions have their own in-house versions of this system, so you should always check your style guide before setting to work on a paper! In-Text Citations As the term â€Å"author-date† implies, Harvard citations include the surname of the author and date of publication: Rational reflection need not compromise the status of something as a mystery (Boyer, 2007). If the author is already named in the text, only the year of publication needs to be given: According to Boyer (2007), there are five kinds of mystery. A sixth type of mystery can be found in the mystery spot. [Photo: Sanjay ach]In citations, you also need to give  relevant page numbers when quoting a source directly: Boyer (2007, p. 89) focuses on the metaphysics of how we experience mystery. Multiple Authors When  citing a work with three or more authors, only name the first listed author, followed by â€Å"et al.† (meaning â€Å"and others†). An article by Mark Pagani, Ken Caldeira, and David Archer, for instance, would be cited as: The source of this carbon remains mysterious (Pagani et al., 2006). Reference List All sources cited in your work should be listed in a reference list at the end of your document. This is where you provide full publication information for your reader, with sources listed alphabetically by author surname. For a journal article, the detail required is: Author Surname(s), Initial(s). (Year) Article Title, Full Title of Journal, Volume Number, Issue/Part Number, Page Numbers. The Boyer article used in the example above would therefore appear in a reference list as: Boyer, S. D. (2007). The Logic of Mystery, Religious Studies, vol. 43, no. 1, pp. 89-102. If you’re citing an online version of a journal article, make sure to provide a URL or DOI too, along with a date of last access: Pagani, M., Caldeira, K., and Archer, D. (2006) An Ancient Carbon Mystery, Science, vol. 314, no. 5805, pp. 1556-7. [Online]. Available at jstor.org/stable/20032976 [Accessed 30 March 2016].

La-Z-Boy Incorporated India and Philippines Subsidiaries Essay

La-Z-Boy Incorporated India and Philippines Subsidiaries - Essay Example The company’s economic outlook is expected to increase in FY2012. Globalization has made La-Z-Boy’s transition in India seamless. India’s sophisticated banking system attracts profitable organizations like La-Z-Boy towards India. La-Z-Boy has strengthened India’s economy by employing local workforce. La-Z-Boy’s business in India can be more beneficial with due assistance of the Association of Furniture Manufactures and Traders (AFMT). In order to escape risks while working in India, it is recommendable for La-Z-Boy to be well-aware of the various languages, business etiquettes, norms and religious values in India. Mumbai is the most suitable city for La-Z-Boy to establish business in India because of its cultural richness, population and good environment. USA and Philippines are trading partners and USA is a very strong financial provider of Philippines. Since Philippines resembles USA in culture, La-Z-Boy’s working style is consistent with t he indigenous culture of Philippines, though the organization may have to tackle the risk of investment in

BUS205-Introduction to Aspects of Business Law Essay

BUS205-Introduction to Aspects of Business Law - Essay Example Rights against Costumes R Us English National Operetta Company (ENOC) entered into a contract with Costumes R Us for the purchase of theater costumes. The contracts of sale are governed by Sale of Goods Act, 1979 which defines a contract of sale in s.2 (1) as: ‘a contract whereby the seller transfers or agrees to transfer ownership in goods to the buyer in return for a money consideration called the price.’ In the given case, Costumes R Us agreed to manufacture and deliver theater costumes to ENOC and ENOC agreed to pay ?5,000 in return. The agreement was made on 1st May 2010. This is an agreement to sell. It pertains to future goods which would be delivered on 1st September 2010. But before Costumes R Us could begin the manufacturing process for the agreement, on 1st June 2010, a fire broke out due to a fault of some children and burnt down their premises. They could not manufacture the costumes and hence could not deliver them to ENOC. ENOC has threatened to sue Costum es R Us for damages. Costumes R Us could not perform their promise. ENOC had to purchase the same quantity of costumes from Theatre Togs Ltd at a cost of ?6,000. ENOC is looking to recover their resulting loss in the form of damages from them by suing them for breach of contract. Costumes R Us would look to defend by pleading on the basis of Doctrine of Frustration. ... The happening event must have been outside the contemplation of the parties at the time they entered into the agreement. Where the parties have foreseen the likelihood of such an event arising and have made express provision for it in the contract the doctrine of frustration will not apply; and iii. The frustrating event was not self induced. In other words, the frustrating event must not have been the fault of, or due to the actions of, either of the contracting parties. In the given case, on June 1st 2010, the fire accident rendered it impossible for Costumes R Us to manufacture the costumes. The event is a frustrating event. On May 1st 2010, the time of making of the agreement, this event could not have been foreseen as it is not normal that the whole premises of a business are burned down due to an outbreak of fire. According to the given facts, the fire was caused by some children who were playing with matches near the premises. Therefore, the fire was not caused due to negligen ce or a fault by either of the parties. On the other hand, the breakout of fire occurred before the stipulated time of delivery i.e. 1st September 2010. If three months were sufficient for Costumes R Us to recover from the accident and perform their promise of making the costumes and delivering them, the Doctrine of Frustration would not be applicable. The subject matter of this contract is not of existing goods. It pertains to future goods which would be manufactured by Costumes R Us in the future. The fire could not have destroyed the subject matter of the contract. But it can be assumed that the machinery required to process the material was destroyed so the subject matter could not have been brought into existence. The courts would discharge both the parties from the contract by the

Educational psychology Essay Example for Free

Educational psychology Essay 1. Understand the principles and requirements of assessment. 1. 1. Explain the function of assessment in learning and development. Lambert and Lines (2000) define assessment as â€Å"the process of gathering, interpreting, recording, and using information about pupils’ responses to educational tasks. † While this is an acceptable definition of assessment (as regards an educational definition), Graham Butt (Into Teaching: Part 2) expands on this definition by proposing that assessment has four main roles within teaching and learning. Firstly, it provides feedback to teachers and students about each child’s progress in order to shape their future learning (a formative role). This is very similar to the diagnostic role of assessment in pin-pointing the precise cause of a child’s difficulty. The second role of assessment is that it provides information about the level of students’ achievements at a particular point, for example at the end of a school year or at the end of a Key Stage (a summative role). The third role of assessment is as a tool by which selection by qualification can be achieved (a certification role). Finally, assessment helps people to judge the effectiveness of the education system as a while (an evaluation role). Prior to the work of Black and Wiliam (1998) very little was known about the formative role of assessment within teaching and learning, and it was clear that by 1997 the assessment emphasis within England and Wales was clearly focused on the function of assessment in learning and development is primarily to provide a measurable barometer for the students’ progress. see more:explain the importance of gaining consent when providing care or support The key to effective practice is to be able to work out what a child’s specific needs are at one time, and to find ways of creating opportunities for them to succeed (Moyles and Robinson, 2002:281). Assessment is carried out through formative (checks throughout the course), impassive (to test against previous marks), and/ or summative (at end of course) activities to help the learner see their development whilst allowing the Assessor to give valuable feedback when appropriate. Its purpose is to measure the learners understanding of the subject against the anticipated outcomes set by the criteria. For example, assessment provides clear measurement and recording of achievement during a course that provides identification of individual achievement or learners’ needs. I have found that by creating quizzes on socrative. com and/ or google forms that I can capture formative evidence of learners understanding of a task prior to the assessment deadline so I can intervene to give extra help. It is widely recognized that the form and content of student assessment strongly influence students’ attitudes to study and quality of learning (Ramsden, 1997; Shepard, 2000). The learner’s development is typically measured using formative or summative assessment that meets criteria in a fit-for-purpose Assignment and consequently reflects the required standards and performance/ assessment criteria in any given course. The purpose is to monitor development via evidence that can be quantified and used as performance review/ targets/ benchmarking throughout a course. From an Assessors point of view it is essential to ensure that assessment decisions are consistently reviewed and internally/externally verified where possible so as to contribute to the awarding institutions quality assurance and on-going development of best practice. 1. 2. Define the key concepts and principles of assessment. Principles are rules and functions of assessment which are based upon the concepts. (Gravells A. 2011, Principles and practice of assessment in Life Long Learning Sector). The key concepts and principles of assessments include: Continuing professional development At all times maintaining currency of knowledge and competency to ensure assessment practice is up to date. Equality and Diversity- all assessment activities embrace equality, inclusivity, and diversity and respect all aspects of society. Ethics: ensuring the assessment process is honest and moral, and takes into account confidentiality and integrity. Fairness –activities should be fit for purpose, and planning, decisions and feedback justifiable. Health Safety- ensuring these are taken into account throughout the full assessment process, carrying out risk assessments as necessary. Assessment methods must be suitable for the candidate’s needs. For example, a learner must have an option for an alternative whereby a mental or physical threat to their well-being could be presented by the assessment. Motivation- encouraging and supporting my learners to reach their full potential at an appropriate level. Quality assurance- this is an integrated process ensuring assessment decisions meet the qualification standards, and assessors are carrying out their role correctly. Record Keeping- ensures accurate records are maintained throughout the learning and assessment process, communicating with others for example and awarding organisation. SMART- ensuring all assessment activities are specific, measurable, achievable, time bound and realistic Standardisation- ensuring the assessment requirements are interpreted accurately and that all assessors are making comparable and consistent decisions. Reliability – The assessment decisions must be by an assessor with competence in the discipline the work relates to so as to ensure a judgment that is informed by a professional perspective. Risk assessments of locations my media student’s film in serve both to extend the learners understanding of health and safety whilst helping them help me make our learning space everyone’s responsibility. VACSR- is another important principle ensuring all assessed work is Valid: all the work is relevant to the assessment criteria. Decisions must be justified with clear referencing of assessment criteria stated by the examining body. Another Lecturer should be able to award the same grade for the piece of work as the same standardisation method is the barometer NOT the opinion of the assessor. Authentic: the work has been produced solely by the learner. Current: the work is still relevant at the time of assessment. Sufficient: the work covers all the assessment criteria. Reliable: the work is consistent across all learners, over time and at the required level. (Gravells A. 2011, Principles and practice of assessment in Life Long Learning Sector). All the subjects (theory or practical) the assessment is carried on the basis of assessment cycle. http://www. gillpayne. com/2014/01/guide-understanding-the-training-cycle/ Purpose. The aim, reason, and purpose of assessment is to help the learner track their progress, provide feedback, and inspire them to achieve. The trainer gains evidence of learning from assessment which can in turn be measured clearly against a criteria. This continuous assessment learning/ training cycle is designed to recognise prior learning and improve it with each assessment. The assessor grades the work so the trainer (if someone different from the assessor) can see the distance travelled on the course when compared to grades throughout the programme. The organisation can use this quantitative data to track a class, department, and/ or, entire organisations performance in relation to peer organisations so employers can often assess their own staff’s performance. COGNITIVE The cognitive domain relates to the more traditionalist assumptions of academic/ intellectual learning. In this domain Bandler and Grinder counted ‘knowledge, comprehension/ understanding’ as well as ‘application, analysis, synthesis and evaluation’. Cognitive assessment should focus on the application, analysis, synthesis, and evaluation rather than towards only the acquisition of knowledge and understanding. To this end any theory in lectures must be made applicable in a video/ practical task that puts in to practice the idea/ terminology/ argument we have discussed – which in turn serves to consolidate and validate the learning. This domain relates to objectives concerned with knowledge and intellectual skills and there are six categories which can be used in lecturers: Knowledge: Asking learners to recall specific and general items of information (e. g. media terminology) and also information about methods (‘how do you add this effect? ’), processes and patterns (using software such as Photoshop). Comprehension: Encouraging recognition of items of information settings similar to but different from those in which they were first encountered e. g. relating theories and debates to contemporary issues such as Laura Mulvey’s Feminist theory of female objectification in mainstream cinema. Application: I actively build my learners understanding of our culture so they can explain previously unseen data or events by applying knowledge from other situations e. g. using simile, analogy, and metaphor in my verbal explanation/ articulation of concepts during lectures so they will do the same in their work. Analysis: Learners are presented with problems to break down the blocks of information into elements for the purpose of clarification. This can be in the form of a provocative discussion, essay question that asks them to show comprehension of ideas in a structured essay with a clear conclusion. Synthesis: Learners are constantly asked to combine elements to form coherent units of information in their responses whether it be a Vlog, Podcast, or Written piece for Assessment. Evaluation: Throughout Assessments the learners are asked to make judgements about the value of information, materials, or methods for given purposes. This is a common feature of each Edexcel Units as it demands reflection and growth on the part of the learner. AFFECTIVE The affective domain for Bandler and Grinder includes objectives which describe changes in interest, attitudes and values, and the development of appreciations. There are different levels of understanding: According to the theory the lowest level is where the learner is merely aware of the fact that other people have particular attitudes and values. As a learner progresses on our courses it is essential to develop this through their personal experience so they slowly develop affective ideas which are uniquely their own. While some values are indoctrinated – respect for others’ rights, honesty, media law, understanding of morals/ ethics, the key is to enable the learner to come to this plane of understanding through a process of development and clarification in lectures. The Affective domain for Bandler and Grinder relates to objectives concerned with interest, attitudes, and values. The five levels of the affective domain from the simplest to the most complex are as follows: Receiving: Sensitivity to certain stimuli and a willingness to receive or attend to them e. g.students receiving information from Lecturers about Media issues. Responding: Involvement in a subject or activity or event to the extent of seeking it out, working with it or engaging in it eg Twitter debates about contemporary issues such as engaging in discussion about the Woolwich attacks in 2013 using the hashtag #bcotterror Valuing: Commitment to or conviction in certain goals, ideas, or beliefs e. g. constructing and arguing a point in an Assignment such as an essay in which the learner shows the pros and cons of existing theorists’ approaches to their Assignment subject. Organisation: Organisation of values into a system, awareness of relevance of and relations between appropriate values and the establishment of dominant personal values e. g. constructing an essay that demonstrates structure and engaging with complex levels of conjecture, statement, and fact with objective, rigorous, scholarly approaches to balance in their argument beyond opinion. Characterisation by a Value Complex: Integration of beliefs, ideas, and attitudes into a total philosophy of world view e. g.  a learner composing a project based on their own interests/ perspective informed by values acquired on course. PSYCHOMOTOR This is largely defined as Physical and Motor skills. We work to develop key social and employability skills through what Bandler and Grinder categorise in to define as 6 categories: ‘Reflex Movements’ are developed with the use of equipment such as cameras and complex editing software to develop the involuntary motor responses to stimuli which in turn form the basis for all behaviour involving any movement. ‘Basic Fundamental Movements’ are developed by doing this as movements of using lighting, microphones, cameras etc. involve movement patterns which help the learner become more ambulatory. ‘Perceptual Abilities’ are tied in to this as they help learners to interpret stimuli so that they can develop their perception of visual and auditory risks, hazards, logistics to adjust to their environment and demonstrate coordinated abilities of eye and hand, eye and foot. Similarly the ‘Physical abilities’ of the learner are utilised and developed in our practical tasks as they are essential to efficient motor activity. Due to the nature of a Creative Media professional the vigour of the person is tested by activities designed to measure the individual and how they meet the demands placed upon him or her in and by the environment. ‘Skilled Movements’ are a necessity in terms of storyboarding, engaging with complex editing software, and other tasks which ask the learner to efficiently perform complex movements. The learning targets are negotiated after gathering diagnostic information from the learner to gauge the potential/ possibility e. g.  all skilled movement activities are based upon some adaptation of the inherent patterns of movement described in the ‘Physical Abilities’ demonstrated by the learner. ‘Non-Discursive Communication’ manifests itself relatively organically in our subject through interviews, debates, video-logs, discussions, podcasts, and any other form of media that captures a range of evidence of the developing communication skills from facial expressions to highly sophisticated choreography/ directing/ blocking of entire sets. [Source: Planning for Pre-Service Primary Teachers Prof Experience Unit, face of Education, QUT, Qld, 1998 (pp11-13)].

Eugenics in America Essay -- Sociology Essays Research Papers

Eugenics in America Eugenics profoundly impacted the culture of the twentieth century. Coined in 1893 by Sir Francis Galton, it studied the heredity and selection of favorable traits. Born out of the social tumults of the late nineteenth century, it represented the Western elite’s attempt to protect itself from so called â€Å"inferior† cultures of the colonies and â€Å"new wave† immigration. The late eighteenth century was a turbulent time throughout America. An influx of immigrants packed into massive cities such as New York and Chicago. As opposed to previously northern European immigration, a wave of â€Å"new† immigration in the 1890’s brought immigrants from southern and eastern Europe, who vastly differed culturally and religiously from their northern European counterparts. Some immigrants brought radical ideologies with them such as Marxism, anarchism, and monarchism, which completely differed from the American ideals of free markets, elections, and democracy. The massive influx of people crowded into sordid city blocks brought a slew of social problems such as alcoholism, poverty, murder, rape, and violence. Coupled with falling birth rates among the elite and rising birth rates among immigrants, Anglo-culture sought out an answer to defend itself against the â€Å"siege† of â€Å"inferior† cultures. The late nineteenth century saw the rise of â€Å"eugenics† throughout academia. Founded by Francis Galton (the word came into existence in 1893), eugenics was the study of the selection of favorable traits in society. Deeply influenced by Darwin, Galton published his first eugenicist tract in 1865 Hereditary Genius, which posited that man’s strength, talent, and skill is passed down genetically fr... ...â€Å"degenerate† or â€Å"inferior.† Popularized in the early twentieth, it manifested itself throughout American culture from textbooks to advertisements for household goods. Eugenics represented American culture’s vain attempt to grapple with non-western European cultures and cope with a quickly evolving social landscape. Bibliography Dolan DNA Learning Center, Cold Spring Laboratory, http://www.eugenicsarchive.org/eugenics/ School of Mathematics and Statistics at St. Andrew’s University http://www-gap.dcs.st-and.ac.uk/~history/Mathematicians/Galton.html Pucker, Johnathan, History in the Influences of Intelligence Theory and Testing http://www.indiana.edu/~intell/galton.html Linden, Jeremy http://students.vassar.edu/jelinden/galton.htm McCleymer, Professor at Assumption College http://www.assumption.edu/users/McClymer/his394/contagion.html

Alexander the Great’s Military Accomplishments Essay

There is only one other man who is written about in at the level of Jesus Christ, his name was Alexander the Great. Alexander the Great is one of the most told about, and written about Kings of the ancient world. Not only was he a vastly loved and appreciated leader to his army but he was a conqueror of much of his known world. His military genius and tactics, even at his young age of attaining the throne from his father Philip II after he was assassinated, were unrivaled resulting in him never to lose a battle. Alexander the Great had no easy time upon his ascent to the throne, the authors said â€Å"He had to put down the revolts that erupted immediately after Philip’s death-notably at Thebes.† (Cole, Symes, Coffin, and Stacey 90) The dispute in Thebes was settled when Alexander the Great punished them by tearing down their walls. Two years after Alexander had settled all the unrest in his new kingdom he turned his sights on Darius III and his kingdom of Persia. The kingdom of Persia was led by Darius III, the authors state â€Å"Darius III was a minor member of the royal family who had been placed on the throne after a palace coup.† (Cole, Symes, Coffin, and Stacey 90). Darius had ascended the throne the same year as Alexander but at the much older age of 45 in comparison to Alexander at the age of 20Darius’ first mistake was that he and his advisors refused to take Alexander seriously even though they suffered defeat at the hands of the Greeks in the past. Perhaps it was their sheer numbers that kept the Persians from seeing past their ego’s and not understand the aim of Alexander the Great. Alexander’s conquest began with a victory at Anotlia; this was near the field that the battle of Troy took place at. He continued down the Ionian coastline in more strings of victory leading him to an opportunity that took him a year to get, Darius III. Alexander finally had the opportunity to challenge Darius personally on the river bank near Issus; the authors tell us â€Å"The chosen site†¦favored Alexander’s fast-moving infantry, not the heavy cavalry and chariots of the Persians.† (Cole, Symes, Coffin, and Stacey 90). The defeat of the Persians was so bad Darius III abandoned both his army and his family, including his mother. Darius’ family was captured by Alexander the Great but was treated with the respect that their standing as a royal family called for. Darius was chased for the remainder of his life by Alexander the Great until his defeat at Gaugamela. After this defeat Darius III was killed by a local chieftain who was trying to win over A lexander’s favor however that backfired worse than the chieftain probably realized it could have, the author states â€Å"Alexander – acting as the new Great King – had the chieftain executed for treason.† (Cole, Symes, Coffin, and Stacey 90). After that devastating defeat at Illus had completed his tour of conquest in Asia Minor. Syria and Palestine surrendered to the will of Alexander the Great he implemented the same tactics of Cyrus the Great which the authors explain as, â€Å"†¦a policy of offering amnesty to cities that submitted peacefully-but dealing mercilessly with those that resisted.† (Cole, Symes, Coffin, and Stacey 90). The merciless example was provided at the city of Gaza on the Egyptian border where Alexander killed the men and enslaved the women and children, even going to the extreme of dragging the defeated commanders body through the streets of the freshly sacked fortress. The conquest of Egypt was much easier on Alexander’s army mainly because he was unopposed, the authors even go as far as to state, â€Å"He was welcomed as a liberator: Egypt had been governed as a Persian satrapy since 525 B.C.E.† (Cole, Symes, Coffin, and Stacey 90). Alexander was actually so welcomed in Egypt he obtained the â€Å"double crown† as it were by being crowned pharaoh of Upper and Lower Egypt. It was in Egypt where Alexander the Great was proclaimed as the son of Ammon, a god identified with Zeus, and a god himself. It was from here that Egypt was named as the capital in the empire. The authors state, â€Å"†¦it was in Egypt that he would build his shining new city of Alexandria.† (Cole, Symes, Coffin, and Stacey 90). Unfortunately he would not live to see the completion of this city, his return to this city was in his sarcophagus. Alexander also pushed deeper into the far reaches of Persia including his defeat of the warlord Porus at the Battle of Hydaspes in what is modern day Pakistan. This was one of his last major battles where the authors state, â€Å"†¦his famous warhorse, Bucephalus, was killed. And it was here Alexander’s exhausted army refused to go on, thousands of miles and eight years from home.† (Cole, Symes, Coffin, and Stacey 91). Forced to turn back he headed for the Arabian Sea, when he reached Susa he indicated to combine armies with Persia and have them fight in the hoplite formation. He even arranged a mass marriage with his officers to Persian noblewomen and adopted the dress code of the Persian Empire. Alexander tried to continue his conquest but began to show the signs of malarial fever and diminishing signs of health. The authors however go as far to say I was feasible that, â€Å"†¦he was poisoned; his closest companion, Hephaistion, had died the year before at Ecbatana, leaving Alexander without his most vigilant bodyguard.† (Cole, Symes, Coffin, and Stacey 92). He refused to take the advice of his physician however, so the malarial fever does seem like the more likely of the two to have taken his life. Alexander eventually died in Babylon in Hammurabi; he never reached thirty-three years of age. Alexander the Great is one of the most told about, and written about Kings of the ancient world. Through his military prowess and tactics he was able to conquer much of the know territories but still did not live to see his dreams. There is no shortage of information on Alexander the Great as long as you know where to look, and don’t use the Colin Farrell movie. Upon researching for this paper it is no wonder why he comes second only to Jesus Christ in written down tales of his life, adventures, and conquests. Works Cited Cole, Joshua , Carol Symes, Judith Coffin, and Robert Stacey . Western Civilizations Brief Third Edition. New York: W.W. Norton & Company, Inc., 2012. Print.

Arbitration Agreement

BY: ISAAC, OKORONKWO . C. HEM/1137 ABSTRACT This paper seeks to look into the issues concerning arbitration agreement under the Arbitration and Conciliation Act (ACA). It identifies the categories, forms, parties and highlights of the arbitration agreement. It also examines the enforcement of an arbitration agreement. This paper reveals that arbitration is a major attraction as being the most flexible way of settling dispute. Thus, it was suggested that arbitration agreement is a vital component of an arbitration proceedings. 1. 0INTRODUCTIONArbitration has continued to maintain the lead as the preferred mechanism for resolution of domestic and international business disputes in the Nigerian legal system. An arbitration agreement means a voluntary agreement to submit to arbitration present or future disputes, â€Å"whether contractual or not†. It is clear; therefore, that a claim in tort or fraud may be the subject matter of an arbitration agreement (Udechukwu, 2008). An arbit ration agreement can be included in the original or be in the form of a separate agreement, either at the time of the contract or subsequently.Therefore, even in the absence of an original integrated arbitration clause the parties can still decide to settle a presently existing dispute by arbitration. The arbitration agreement is the document, which is normally in writing containing details about the reference of the disputes for resolution by the arbitrators. It is an agreement on paper containing information signed by the parties; containing and providing records of the arbitration agreement (Oyegbile, 2000). It is a very important document guiding the entire process of arbitration.It also includes any reference in a contract to a document containing an arbitration clause which constitutes an arbitration agreement if such contract is in writing and the reference is such as to make that clause part of the contract. Unless a contrary intention is expressed in the arbitration agreeme nt, it shall be irrevocable except:- i. By agreement of the parties ii. By leave of the court or a Judge iii. Even, the occurrence of death of either of the parties does not automatically revoke the arbitration agreement.Rather, it shall be enforceable by or against the personal representatives of the deceased. In the past, arbitration agreement could be in oral but the present arbitration act only recognized written agreement to arbitrate. The implication of this is that only written agreements are enforceable by the courts or Judge. 1. 1AIM AND OBJECTIVES The aim of this work is to provide information on arbitration agreement under the Arbitration and Conciliation Act (ACA) CAP A18 2004.To achieve the above aim, the specific objectives are to: * Identify the categories of arbitration agreement * Examine the enforcement of the arbitration agreement * Identify parties to the arbitration agreements * Identify the major highlight of Arbitration and Conciliation Act (ACA). 2. 0LITERATU RE REVIEW 2. 1CATEGORIES OF ARBITRATION AGREEMENTS There are two basic types of agreement: [1] the arbitration clause and [2] the submission agreement.An arbitration clause looks to the future, whereas a submission agreement looks to the past. The first, which is most common, is usually contained in the principal agreement between the parties and is an agreement to submit future disputes to arbitration. The second is an agreement to submit existing disputes to arbitration. Arbitration clauses are usually short, whilst submission agreements are usually long. This is not because of any particular legal requirement. It is simply a reflection of the practicalities of the situation.An arbitration clause that deals with disputes which may arise in the future does not usually go into much detail, since it is not known what kind of disputes will arise and how they should best be handled. Indeed, although the parties to a contract may agree to an arbitration clause, they hope that there will be no need to invoke it. Usually they insert a short model clause, recommended by an arbitral institution, as a formality. By contrast, a submission agreement deals with a dispute that has in fact already arisen; and so it can be tailored to fit precisely the circumstances of the case.In addition to indicating the place of arbitration and the substantive law, it generally names the arbitrators, sets out the matters in dispute and even, if thought appropriate, provides for exchange of written submissions and other procedure matters. 2. 2ENFORCEMENT OF THE ARBITRATION AGREEMENTS Nigerian Courts have adopted a positive approach to the enforcement of arbitration agreements. A review of the decided cases shows a general recognition by Nigerian Courts of arbitration as a good and valid alternative dispute resolution mechanism. In C. N.ONUSELOGU ENT. LTD. V. AFRIBANK (NIG. ) LTD, the Court held that arbitral proceedings are a recognised means of resolving disputes and should not be taken lightly by both counsel and parties. However, there must be an agreement to arbitrate, which is a voluntary submission to arbitration. Where there is an arbitration clause in a contract that is the subject matter of Court proceedings and a party to the Court proceedings promptly raises the issue of an arbitration clause, the Courts will order a stay of proceedings and refer the parties to arbitration.SECTIONS 6(3) and 21 of the Lagos State Arbitration Law 2009, which â€Å"empowers the Court to grant interim orders or reliefs to preserve the res or rights of parties pending arbitration. † Although the ACA in section 13 gives the arbitral tribunal power to make interim orders of preservation before or during arbitral proceedings, it does not expressly confer the power of preservative orders on the Court and Section 34 of the ACA limits the Courts’ power of intervention in arbitration to the express provisions of the ACA.The usefulness of section 6(3) of the Lagos State Arbitration Law 2009 is seen when there is an urgent need for interim preservative orders and the arbitral tribunal is yet to be constituted. In this regard, such applications find no direct backing under the ACA and have always been brought under the Rules of Court and under the Court’s inherent jurisdiction to grant interim orders. However, in AFRIBANK NIGERIA PLC V HACO, the Court granted interim relief and directed the parties to arbitrate under the provisions of ACA.Upon the publication of the award the parties returned to the Court for its enforcement as judgment of the Court. The Courts in Nigeria are often inclined to uphold the provisions of Sections 4 and 5 of the ACA provided the necessary conditions are met. A live case in point is the case of MINAJ SYSTEMS LTD. V. GLOBAL PLUS COMMUNICATION SYSTEMS LTD. & 5 ORS, in this case, the Claimant instituted a Court action in breach of the arbitration agreement in the main contract and on the Defendant’s application , the Court granted an order staying proceedings in the interim for 30 days pending arbitration.In NIGER PROGRESS LTD. V. N. E. I. CORP. , the Supreme Court followed section 5 of the ACA which gives the Court the jurisdiction to stay proceedings where there is an arbitration agreement. In the owners of the MV LUPEX V. NIGERIAN OVERSEAS CHARTERING & SHIPPING LTD, the Supreme Court held that it was an abuse of the Court process for the respondent to institute a fresh suit in Nigeria against the appellant for the same dispute during the pendency of the arbitration proceedings in London. In AKPAJI V.UDEMBA, the Court held that where a defendant fails to raise the issue of an arbitration clause and rely on same at the early stage of the proceeding but takes positive steps in the action, he would be deemed to have waived his right under the arbitration clause. 2. 3THE PARTIES TO AN ARBITRATION AGREEMENT The parties to a contract must have legal capacity to enter into that contract, otherw ise it is invalid. The position is no different if the contract in question happens to be an arbitration agreement.The general rule is that any natural or legal person who has the capacity to enter into a valid contract has the capacity to enter into an arbitration agreement. Accordingly, the parties to such agreements include individuals, as well as partnerships, corporations, states and state agencies. If an arbitration agreement is entered into by a party who does not have the capacity to do so, (the law where applicable) may be invoked either at the beginning or at the end of the arbitral process. If it is invoked at the eginning of the process, the party requesting for it would ask the competent court to stop the arbitration, on the basis that the arbitration agreement is null and void. Where the validity of the arbitration agreement is raised at the end of the arbitration process, the requesting party would ask that the competent court to refuse the recognition and enforcement of such an award, on the grounds that one of the parties to the arbitration agreement is â€Å"under some incapacity† under the applicable law. 3. 0MAJOR HIGHLIGHTS OF THE ARBITRATION ACT a) The Arbitration Clause: The Arbitration and Conciliation Act (â€Å"ACA†) CAP.A18 2004 mandates that all arbitration agreements must be in writing and signed by the parties, in an exchange of letters, telex, telegram or other means of communication; or point of claim or defence. In Nigeria, arbitration clauses are irrevocable except by the leave of court or mutual agreement of parties. Even where parties had no prior agreement, with a submission agreement, parties may still submit to arbitration; b) Subject-matter Arbitrability: The â€Å"ACA† does not stipulate any particular subject matter that may not be referred to arbitration.The question of whether or not a dispute is arbitrable has therefore been left at the discretion of the Courts. In ARAB REPUBLIC V. OGUNWALE(2002 ) 9 NWLR (PART 771) 127,the Court of Appeal held that the test for determining whether a dispute is arbitrable or not is that the dispute or difference must necessarily arise from the clause contained in the agreement. However not all disputes are necessarily arbitrable c) Binding Nature: The â€Å"ACA5† provides that every arbitration award in Nigeria shall be binding on the parties.This is to preclude a recalcitrant party from preventing a successful party from enjoying the fruits of his judgment. d) Number of Arbitrators: In Nigeria, the number of arbitrators is either one or three. The parties to an arbitration agreement may determine their preferred numbers of arbitrators to be appointed under the agreement, but where no such determination is made, the number of arbitrators shall be deemed to be three. e) Challenge of an arbitrator: Parties may determine the procedure to be followed in challenging an arbitrator. Where no such procedure is determined a party who intends t o challenge an arbitrator shall, within ifteen days of becoming aware of the constitution of the arbitral Tribunal or becoming aware of any of the grounds, send to the arbitral Tribunal a written statement of the reasons for the challenge. f) Preservative Orders: The provisions of the ACA cloths the members of a Tribunal with the requisite powers to grant preservative orders during an arbitration reference. These orders however do not include granting injunctions etc. The Act provides that in such circumstance, the Tribunal can remit that portion of the reference to a proper court for the grant of such injunctive relief. ) Language to be used in Arbitral proceedings: In Nigeria, the parties may, by agreement determine the language or languages to be used in the arbitral proceedings. But where they do not do so, the arbitral Tribunal shall determine the language to be used bearing in mind the relevant circumstances of the case. h) Legal Representation: In Nigeria, the parties to an a rbitral proceeding may appear for themselves or be represented or assisted by a legal practitioner of their choice. i) The Award: An Award may be interim, interlocutory, or final. Any award made in Nigeria must adhere to the following: * It must be in writing; It must be signed by all the arbitrators (if they are more than one); * It must be delivered with a reason (except where parties agree otherwise); * The place where the Award was made must be stated on the award. j) The enforcement of an Award: An arbitral award shall, irrespective of the country in which it is made, be recognised as binding on the parties. This is made possible by the Foreign Judgments (Reciprocal Enforcements) Act, Cap 152, Laws of the Federation of Nigeria 2004, which makes foreign arbitral awards registerable in Nigerian Courts if at the date of registration it could be enforced by execution in Nigeria. . 1THE DOCTRINE â€Å"SEPARABILITY† It is also known as the doctrine or principle of autonomy or independence of the arbitration clause. Separability means the arbitrability clause in a contract is considered to be separate from the main contract of which it forms part and as such, survives the termination of that contract. It noteworthy to mention that arbitration agreement can be in form of an arbitration clause in a contract or in a separate agreement addressing disputes that have already arisen.The doctrine of separability is most relevant to arbitration clause in a contract an underlying contract. At the outset it must be recognised that this doctrine is inextricably linked with the doctrine of kompetence-kompetence which empowers the arbitrator to decide his own jurisdiction in the first instance. While kompetence-kompetence empowers the arbitration tribunal to decide on its own jurisdiction, the doctrine of separability affects the outcome of this decision.The doctrine of separability is provided for under Section 12(2) of ACA: For purposes of subsection (1) of this sect ion, an arbitration clause which forms part of a contract shall be treated as an agreement independent of the other terms of the contract and a decision by the arbitral tribunal that the contract is null and void shall not entail ipso jure the validity of the arbitration clause. For arbitral tribunals whose seat is in Nigeria (including under domestic arbitration) the source of this doctrine is article 12(2) of ACA quoted above which is a mandatory provision.Parties cannot therefore as a matter of contract, derogate from this provision and agree otherwise. Finally, separability thus ensures that if, for example one party claims that there has been a total breach of contract by the other, the contract is not destroyed for all purposes. Instead: â€Å"It survives for the purpose of measuring the claims arising out of the breach, and the arbitration clause survives for determining the mode of their settlement. The purposes of the contract have failed, but the arbitration clause is not one of the purposes of the contract. † 4. 0DATA AND METHODIn bid to gather information for this study, the secondary source of data collection was utilized, which includes – journals, textbooks and other relevant document from the internet (web sites and e-library). 5. 0CONCLUSION The importance of the arbitration agreement is imperative and vital to the success of an arbitration proceeding. The arbitration agreement represents the wishes of the parties to submit future dispute to arbitration while submission clause attends to disputes that have already arisen. REFERENCES ACA. (2004). Arbitration and Concilation Act CAP A8, Laws of the Federation of Nigeria (LFN) .Nigeria. National Open University. (n. d. ). Alternative Disput Resolution II. Retrieved 02 23, 2013, from www. noun. edu. ng Oyegbile, S. O. (2000). An Introduction to Arbitration and Conciliation. Minna: Jameson Graphic Publishers. Tolulope, A. (2012). Arbitration in the Emerging Markets. The International Charmber of Commerce Clyde & Co. Conference (pp. 2-4). London: Aron. Udechukwu, C. E. (2008). Professional Practice for Real Estate Professionals. Lagos: Treem Nigeria Limited. Wikipedia. (2013). Web Encylopedia. Retrieved 02 14, 2013, from www. wikipedia. com: http://www. wikipedia. com

What the founders meant by the first Amendment

What the founders meant by the first Amendment Introduction United States is a country with rich culture and history. Worth noting is the fact that, throughout American history, religion and in particular Church has played an integral part in development of the State. Values such as democracy and freedom were brought by Christians who fled from British Monarch.Advertising We will write a custom essay sample on What the founders meant by the first Amendment specifically for you for only $16.05 $11/page Learn More However, when the first amendment was entrenched into the bill of rights, the State gradually moved away from Church values and instead strengthened secularism. The Church feels cheated as they made a great contribution to the foundation of State. This paper will try to explore what the founders of the first amendment meant, when they wrote the bill (Holcomb 23). What the founders meant by the first Amendment The first amendment was written over 200 years ago by the founders who wanted to protect both the State and religion from interfering in each others tasks. However, its interpretation has raised concern as courts insist it is not absolute while the congress believes that it is. This has led to confusion over its exact meaning and relevance to the State and Church. Its meaning has always varied with each side taking to their interpretations. Even though it was written more than 200 years ago, it has endured any significant alteration. It states the congress is not to respect any established religion when making laws This was ideally meant to protect them from executing each other’s duties, and did not mean Church could not advice the State (Holcomb 12). The founders wanted openness as well as democracy in United States. They were tired of tyranny and control of information which had restricted people from airing their grievances. They had the purpose of ending this form of life forever, and therefore wrote this amendment in the bill of rights. They believed that the population needed to share information so as to live in unity and harmony. They also hoped to protect the state from a stronger religion which could begin dictatorship as was in the days of Rome. The founders feared tyranny, which they had witnessed under British monarchy and wanted a better future for the American population. However, this was interpreted in many ways to an extent that currently, the State is completely separated from Church. Instead, secularism has encroached in government, and the society at large. All religions are treated equally, even though others impact on more people than the rest. Though the founders of the bill had good intentions for the country, it is not clear why they did not seal the loopholes (Holcomb 113).Advertising Looking for essay on constitutional law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Conclusion When the first amendment was written, its aims ware established by the founders, they were intended to protect both State and Church. However, this took a twist as each side interpreted the bill to befit their conditions. This only confirms the bill was not complete in its description of relationship between Church and State. Courts have made it clear that the bill is not absolute, however the State insists on its other meaning, which keeps religion at bay. American populations, majority of which are Christians, cannot have their way, both in schools and institutions, these are the severity of such conflicts between Church and State (Holcomb 23). Work Cited Holcomb, David. â€Å"Proclaim Liberty Throughout All the Land: a History of Church and State in America†. USA: Oxford University Press, 2003

How to Treat Gummosis, or Bleeding in Tree Bark

How to Treat Gummosis, or Bleeding in Tree Bark Bleeding bark on  trees and other woody plants  often leads to concern when its discovered by tree growers and yard tree owners. Gum or sap draining from a tree trunk or limbs is common in trees in the genus Prunus, which includes peaches and cherries, but it can happen in many species. This sap flow can be caused by biotic diseases, which are triggered by living organisms such as fungi, and abiotic injury, caused by non-living factors such as sunlight and temperature change. One textbook definition gummosis is the copious production and exudation of gum by a diseased or damaged tree, especially as a symptom of a disease of fruit trees. But it also can be an early symptom of other problems, not only in orchards but in prized landscape trees in yards, parks, and forests.   Gummosis can weaken a tree, but it isnt the end of the world. Bleeding or oozing of sap from a tree, although not normal, wont necessarily permanently harm a tree or woody plant; most of them will survive. Its also important to remember that there are many causes for free-running sap from trees, including insect borers, cankers, bark injury, and a variety of diseases. Controlling these sources of damage will control gum deposits and sap flow, but there usually is no cure. Causes Gum exuding from cherry, peach, and sweetgum trees is common, so keep an eye on these species. Gummosis isnt a pathogen in itself but the response to environmental stress from pathogenic, insect, or mechanical injury. Pathogenic infectious diseases and cankers that result in bleeding sap can become problematic in fruit orchards. Particularly, the  cytospora canker, or perennial canker, commonly causes fungal bleeding in stone fruited trees such as apricot, cherry, peach, and plum. This infection can be distinguished from insect damage and mechanical injuries because sawdust or pieces of bark arent mixed in the sap, as would be the case with insect or mechanical damage. It isnt vital for you to identify the specific cause or causes involved, but its very important to differentiate between insect infestation, mechanical injury, and infectious disease for diagnosis. Prevention and Treatment There are management practices you can follow to lower the risk of gummosis: Be careful when using lawn and garden equipment to avoid tree tissue injury, which can harbor fungal spores.Prevent winter cold injury to your tree by planting cold-hardy species within their hardiness zones and outside isolated wind  avenues.Maintain a trees health to discourage boring insects.Prune and dispose of limbs during late winter.Try to identify whether the tree has been injured mechanically, been attacked by insects, or infected by a disease. Typically, mechanical injury and insects will leave exposed sapwood or sawdust. Treat the  causes as best you can while increasing the most comfortable tree conditions for optimal health. Increasing tree vigor is important and will yield great results. One helpful treatment is applying several pints of garden lime under the tree drip line if your site has a low to moderate PH. Raising soil Ph to 6.5 can do wonders for tree health.

Government's Involvement or Role in the Marketplace - Managerial Essay

Government's Involvement or Role in the Marketplace - Managerial Economics - Essay Example Economists often assume that markets are perfectly competitive and that all information necessary to make rational decisions is available. . But this is not always true. Sometimes the market is far from being competitive, there is lack of adequate information for participants, and a single buyer or seller, or a small group of buyers and sellers, may be able to control market prices. This power exercised by monopolists and oligopolists is called market power. Market power can cause markets to be inefficient, keeping price and quantity away from the supply-and-demand equilibrium (Mankiw, 1998; Samuelson and Marks, 1995). There are instances when society as a whole is not well served; therefore, it is incumbent on the government to intervene, usually for two reasons: to promote efficiency (enlarging the economic pie), and to promote equity (ensuring a better division of the pie). To make their analysis simple, economists often assume that market outcomes matter only to the buyers and sellers, but in real life decisions by market participants sometimes affect people who had nothing to do with the market at all. Such side effects, called externalities, cause welfare to hinge on more than just values and costs when buyers and sellers decide how much to consume and produce, thus the market equilibrium can become inefficient from the viewpoint of society as a whole. Market power and externalities are what constitute market failure – which means that the market, unregulated and left on its own, fails to allocate resources efficiently. When markets fail, public policy may be able to provide a remedy to the problem situation and perhaps increase economic efficiency. The government intervenes in the hope of improving market outcomes. However, it is by no means certain that government intervention can improve the state of

Portfolio Essay Example | Topics and Well Written Essays - 1750 words - 1

Portfolio - Essay Example There were attempts by the government to inform and educate the people of the US in a totally different manner and the government wanted to introduce new measures and policies when it came to the economic and financial bases. There were changes all over, not only in economics but also in terms of politics and infrastructural developments. All these things accounted for the modifications which actually took place during the period of Renaissance after the year 1989. The reason why Americans experienced such a period is due to the fact that the leaders of the country wanted it to happen and they wanted the people to know that a lot of different measures and steps which were taken by that time were for their own betterment and good. People started to experience life in a different way altogether and thus changes were experienced left, right and center. All said and done, this Renaissance experience was for the positive side of the Americans and there was nothing to worry about as far as the people of the United States are concerned. Realism can make the humanity realize the importance of having a grasp of the global regimes which are working day and night to make a difference, no matter in whichever capacity they are functional. This suggests the fact that realism has a say or two in the global contexts and hence has a direct bearing on the subject of globalization so to speak. Realism brings to light the salient aspects related with world politics which directly or for that matter indirectly comes under the globalization module and thus a strong linkage is made apparent between the very two. Without a doubt, the world economy has grown in recent decades. So much so, that the pundits have said something good about it. International trade is something that is attributed to this upheaval. It has formed the motivating factor behind the very same. Developing countries have also stepped on to the bandwagon and are thus bringing in