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In this case, "the government must prove that it tried to negotiate the sale and that the takeover is for public use. If the government wins, an appraiser establishes fair market value and the property owner is paid and evicted," (Bryant n.d.). In cases like KELO et al. v. CITY of NEW LONDON et al., the property owner refused to sell and the matter went to court. In most cases, the government succeeds in expropriating the land but is still required to offer market value compensation for the seizure.
Leung (2004) notes that eminent domain is easily abused. "Cities across the country have been using eminent domain to force people off their land, so private developers can build more expensive homes and offices that will pay more in property taxes than the buildings they're replacing," (Leung 2004). The law has even allowed for private organizations to invoke eminent domain: "the…… [Read More]
The utilization of eminent domain has been used to evict individuals to build malls, concentrated housing projects for both the poor and the affluent, and business parks, all of which presumably have higher property tax bases and therefore better serve the community where they are built than the homes that were there previously.
Having recently received a grant award, in the amount of 500,000 from the ACLU, Homeowners' Freedom, a 501 C3 organization dedicated to the assertion of property rights to owners intends to establish a legal defense fund for individuals who have received less than just compensation for property under eminent domain rulings. The fund will be budgeted thusly, 100,000 will be dedicated to the initial research and development that will be required to establish the names of injured parties and to advertise the service and screen potential former property owners. The remaining 400,000 will be…… [Read More]
Bell and Parchomovsky 871)
This having been said the demand should rest on the public entity to not only prove the public purpose of the eminent domain ruling but also to fairly compensate the owner(s) with regard not only to market value but based on other interests as well.
A takings law permits undercompensation whenever the reserve value of the property owner exceeds market price. Second, many important compensation doctrines require courts specifically to ignore different kinds of value lost to owners of taken property, such as goodwill. (5)the problem of inadequate compensation has not gone unnoticed by courts. (6) Judge Posner wrote in Coniston Corp. v. Village of Hoffman Estates:
Compensation in the constitutional sense is... not full compensation, for market value is not the value that every owner of property attaches to his property but merely the value that the marginal owner attaches to his property. Many…… [Read More]
Kelo v. New London and Eminent Domain
When the United States Supreme Court heard oral arguments in the case of Kelo v. City of New London, Connecticut in February of 2005, the issue legally speaking was a seemingly straightforward matter of Fifth Amendment jurisprudence. What was at stake as a point of Constitutional law was the last clause of the Fifth Amendment, generally referred to as the "takings clause." The actual wording within the Bill of ights is just twelve words long: "nor shall private property be taken for public use, without just compensation." The government has an enumerated constitutional right, therefore, of what is termed eminent domain, and the only legal issue here was one of interpretation of those twelve words. To couch what was at stake in Kelo in such a deliberately bland and legalistic manner, though, utterly understates the extent of public outcry and outrage the Supreme…… [Read More]
" The public outcry against the Kelo decision confirms that citizens simply do not trust the government when it comes to their personal property.
Definitions and Meanings
Justice Sandra Day O'Connor strongly opposed the majority decision (Urbigkit, 2006). She wrote, "Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the government now has license to transfer property from those with fewer resources to those with more. The Founders cannot have intended this perverse result."
In its majority opinion, the court stated (Urbigkit, 2006): "The city has carefully formulated an economic development plan that it believes will provide appreciable benefits to the community, including - but by no means limited…… [Read More]
land use and economic development. There is a hypothetical land parcel near freeway on- and off-ramps, several acres in size, owned by the Smith family, on which developers plan to build a casino.
There will be significant opposition to building a casino by a small group of vocal and highly visible opponents. Many of the opponents will be affiliated with churches, and possibly environmentalist and social activist organizations as well. Some casino opponents will argue that the social costs outweigh any benefits from the proposed casino. They will further argue that the casino will bring increased traffic, and possibly increased crime. The presence of a casino may also help create gambling addicts which is detrimental to families and the community. Opponents will also point to a rise in bankruptcies that often follow legalized gambling.
Some citizens will argue that enough gambling outlets already exist given the state lottery.…… [Read More]
Cyberspace as the Most Dominant Domain
Cyberspace is the indefinite place where all online communications take place. It can also be defined in computer networks as the electronic medium. The name was coined by William Gibson a science fiction author. When he coined the name, he was looking for a word to describe the global computer network he was envisioning. The U.S. government defines cyberspace as the country's control system composed of interconnected computers, routers, servers, switches and fiber optic cables Adams, 1997.
It states that cyberspace is the nervous system for the military. The use of electromagnetic spectrum and electromagnetic to modify, store, and exchange information using physical infrastructures and networked information systems can also be used to refer to the cyberspace domain.
The use of cyberspace to attack others is referred to as cyber terrorism. The attacks occur in form of viruses, which are meant to disrupt…… [Read More]
S. Constitution as offering much protection but instead view it as being the responsibility of the states to provide protection for private property owners. In the event that the courts "...continue to abdicate their role as the protector of individuals rights, then big government and powerful corporations will continue to run roughshod over the property interest of small landowners." (Liles, 2006, p.372)
Liles holds that the legislature being allowed a leeway that is so constitutionally broad in defining the protections afforded to private property effectively "...defies the necessary checks and balances implicit in our system of government." (p.372) Part of the problem appears to be that the definition applied to 'public use' has become quite lenient over the years and while it in the beginning meant that "the public must own property" it now has been construed to mean that "private parties can own the land so long as the…… [Read More]
U.S. Supreme Court: Kelo v. New London (2005)
Supreme Court case Kelo v. City of New London involved the issue of eminent domain which is granted to governmental bodies including federal, state and local governmental bodies by the Fifth Amendment to the U.S. Constitution which means that the government is authorized to take land that is privately owned if the land is to be used by the public and the owner is paid a fair price for the land or what is referred to as 'just compensation'. Prior to Kelo v. City of New London the power of eminent domain was typically exercised by cities for acquisition of facilities that were clearly intended for public use such as schools, bridges or freeways. The case of Kelo v. City of New London however, involved what was a "new trend among cities to use eminent domain to acquire land for the redevelopment…… [Read More]
Surprisingly, there is very little systematic discussion of this fundamental issue in the legal literature (Adverse Possession (http://faculty.palomar.edu/eschultze/Class_Files/LAWCH21.htm)."
The premise of adverse possession is that the land in question is being neglected or ignored by the land owner. Because of this assumed neglect or being ignored, when the squatter uses the land is no longer being neglected. If the land owner turns a blind eye to the use of the land the owner is consenting to give up that land by the very lack of objection.
This theory, which has its roots in Mill, starts with the premise that everybody owns the land in common: there is no such thing as private property because nobody is born with some sort of natural right to any particular piece of property. In other words, everybody has a right to every piece of property in the world. Suppose there's a piece of property…… [Read More]
Acquainted With the Law
Various Law Terms-3
This is either legal or illegal (Priebe, 2012). It is legal and legitimate when corporate officers, directors and shareholders of at least 10% of the outstanding stock of the business. They file the required information with the Securities and Exchange Commission at regular periods (Priebe).
Illegal Insider Trading
This is conducted by trusted person but violates that company's trust (Priebe, 2012). The person is usually someone who enjoys fiduciary trust in working for and keeping the best interest of the company or its shareholders. He may be an officer, a director or an outsider who has access to confidential information about the company. That outsider may be the company's banker, auditor, or lawyer. In general, he is an insider who gives or receives inside information or tips (Priebe).
Characteristics of the Inside Information
It must be important and private (Priebe, 2012).…… [Read More]
8. State the "law of the case" of each of the following: (10) a) Gonzales v. Raisch: ffirmed Oregon statute allowing doctors to prescribe controlled substances in assisted suicide and invalidated ttorney General's statutory interpretation that assisted suicide does not constitute practicing medicine..
b) First National Bank v. Bellotti: Invalidated Massachusetts law criminalizing corporate use of corporate funds to promote political agenda as a violation of corporations right to Free Speech under the 1st mendment..
c) Kelo v. New London: State power of eminent domain properly used even though taking of property inured to benefit of one private entity over another, because its effect was beneficial to the community..
d) darand v. Pina: Overturned Metro v FCC and decided that any type of racial classification used by any government agency triggers strict scrutiny.
e) Cole v. Burns International Security Systems: Employers may require employees to waive their right to litigate…… [Read More]
What this means is before the passage of 207 if the government suddenly decided that a rose was protected, and land had natural roses growing on it the land could not be sold or developed as the owners would be government ordered to set aside that land as a natural preserve.
The change that proposition 207 brought was that if a government action reduces the value of one's land then the government must pay the landowner for causing that to happen.
Another example of this is when a person owns a large piece of land and that land is currently zoned to allow 20 houses to be built on it. If the government decides that it does not want that dense of a population in the area, due to current traffic congestion or any other reason, then the government might decide to change the zoning to only allow three houses…… [Read More]
Kelo vs. New London
There are two dissenting opinions written concerning the Kelo vs. New London case; one written by Justice O'Connor and the second one written by Justice Thomas. Each of these dissenting opinions offers a unique look at why the court should have found for Kelo instead of against Kelo. This case, like many cases, hinges on the interpretation of the Constitution. Interpreting the Constitution, for the most part, involves a comprehension and understanding of what exactly the Founding Fathers meant when they wrote the Document. In this case the comprehension and understanding concerns the use of the phrase "public use."
A 2005 law review article states "the confusion in the lower courts arises from takings that do not directly achieve the government's purpose -- takings that involve a separate, unregulated private party to whom the property flows" (Christensen, 2005, p. 1669). The real issue, according to Trent…… [Read More]
The Taking Clause, located in the Fifth Amendment of the United States Constitution is a powerful and interesting section of the written law. In the formation of this country, the founders and architects of the nation arrived at certain questions regarding the relationship between the people's right to property and the collective need for the government to acquire that property for the good of the nation.
Because it was important to know and understand when and how a government can exercise the power of eminent domain to reclaim a property the takings clause was inserted into the Constitution. The clause essentially states that the government must pay owners "just compensation usually understood to be fair market value when it uses eminent domain to take property for public use. The right to just compensation from the government is an economic right of citizens. This protection is part of the due…… [Read More]
They have limits within reason and they are relinquished when used to infringe upon others. Along these lines Eidelberg stresses that man to have been granted these rights must possess certain special qualities;
Surely a being thus endowed must be potentially capable of governing himself without impairing the unalienable rights of others. Presumably, such a being would have the capacity to distinguish between his immediate wants and his long-range interests. He would have to understand how the pursuit of his own interests may affect the well-being of others, and how the wants and interests of others may affect his own... If he is to show "a decent respect to the opinions of mankind," he would have to address the reason rather than the passions of mankind, which means he would have to defend his own claims by reasoning.
Reason is therefore a requirement for the retention of these…… [Read More]
The online classifieds advertising technology outsourcing company went on to become one of the most popular communities and networking sites on the Internet. "Gary founded the firm after identifying opportunities for online personals service, now branded Match.Com. He wrote the company business plan, then raised $1.3 million from venture capitalists and private investors, and later assisted in raising $7.5 million from leading corporate partners..." Kremen was also a founder of Los Altos Technologies, Inc. (LAT), a leader in UNIX security.
He has also become a leading and sought-after speaker on Internet marketing and development. More importantly and in terms of the history of sex.com, he is considered to be a leading authority on issues pertaining to intellectual property law and the Internet. Furthermore, he has invested in more than 50 companies.
4. The Sex.com saga
The legal battle surrounding sex.com began on May 19, 1994, when Kremen registered the domain…… [Read More]
In this regard Pindell advises, "The city is a place in which diverse groups, distinguished by income, race, or other characteristics, engage in a competition for space. For some, efforts within the competition are focused on excluding certain populations. Suburban communities incorporate to separate themselves from cities; some individuals live within the protections of gated communities, and some localities engage in zoning practices designed to limit housing opportunities for low-income individuals" (p. 436). To help overcome these constraints to low-income housing developments, the World Bank recommends that to improve public investment (which affects productivity and therefore Brazil's economic performance), the government of Brazil should reform local master planning and subdivision regulations, building codes and zoning ordinances in an effort to increase the supply of land available for low-income housing projects (Brazil: Equitable, competitive, sustainable, contributions for debate, 2003). While the debate over how best to resolve the problems related to…… [Read More]
455 U.. 904 (1982), illustrates one of the scenarios of a taking. The Court did not require a physical intrusion by the government here, but the placement of items was sufficient for a Taking without just compensation. The character and manner of the governmental intrusion is just as important as the intrusion itself. Also, the principle of regulating private property for a public purpose is demonstrated in the Loretto case. An owner will not be required to use her property to host a project that is for a public purpose without requiring just compensation by the government.
In Loretto, a New York statute requires that a landlord permit cable companies to install cable television equipment on his property and cannot demand payment from the cable company in excess of the fees established fee of $1.00. The appellant owned a five story building and learned that the cable company had installed…… [Read More]
Most of the owners agreed to sell their property to the city and Kelo was the last holdout. The city then exercised its power of eminent domain and condemned Kelo's property for use in its economic redevelopment plan. Kelo then brought suit in state court claiming that the Government condemned their property in violation of the "public use" clause of the Fifth Amendment.
2. Regarding the U.S. Supreme Court's Decision:
a. What part of the U.S. Constitution is relevant according to the Supreme Court opinion? (The First Amendment free exercise clause for example.)
The Fifth Amendment Takings Clause, which states "nor shall private property be taken for public use, without just compensation." This case is particularly concerned with the "public use" part.
b. As the Supreme Court saw it, what was the specific constitutional question (or questions if there were more than one) before them? (Boil it down to one…… [Read More]
There have not been specific funding promises from the candidates for specific aspects of the Pickens Plan, either.
The final verdict on the Pickens Plan campaign will not be known for months, if not years. The new president will not take office until January, and will require time to formulate a cohesive strategy. In terms of the action plan, the strategy to mobilize the grassroots in order to put pressure on the government has not succeeded thus far. The grassroots will give the new president his mandate, and the supporters of the Pickens Plan will ultimately take a back seat to that.
In terms of action, the most effective part of this public relations campaign has been the direct contact between Pickens and the candidates. This may or may not have occurred without the grassroots, but it is reasonable to expect that it would have occurred due to Mr. Pickens'…… [Read More]
NYC Hudson Yards Rezoning Project
Introduction and Project Overview
The main reason that the NYC Hudson Yards Rezoning Project is taking place is that the location is a prime one for everything the planners want to do. The Hudson River makes up one of the boundaries of the area, with the other boundaries consisting of 8th Avenue, 43rd Street, and 30th Street.
Right now, there is restricted and antiquated zoning in that area, along with no access to mass transit. The streetscape is not a hospitable one, and there are no open spaces for the public. Basically, the entire area is not one that can be used easily, but yet it is in a great place for a number of multiuse buildings.
The amount of underdeveloped land in the area is plentiful, making it a prime location for further development that could have economic value to the city and the…… [Read More]
Lbs Homework 2 (9/22)
Terrett v. Taylor, 13 U.S. 43 (1815)
Who is/are the plaintiff(s) (i.e. consumer, company, employee, government) and what type of legal relief is/are the plaintiff(s) seeking?
Taylor and other members of the Episcopal church of Alexandria in the parish of Fairfax are seeking the right to sell the lands and apply the proceeds to use by the church.
What legal question must the court decide, and what is the common law rule, constitutional provision or statute that the question will turn on?
The legal question at hand is whether the church owns the land and thus has the right to sell it or if the land was properly claimed by the advocates for the poor including Terrett. To drill down further, the question is whether the church should be granted the provision of enjoinment against the people claiming the land.
What is the court's reasoning? (Might…… [Read More]
old, my parents and I moved from the sprawling, suburban township of Hudson, Ohio to the village at its center, and I fell in love with small, walkable cities and towns that are built on grids. I believe that such environments promote socialization due to the activation energy involved in going out. If we accept that socialization is more comfortable for the majority in the traditional context of a high-density city, why do the majority of new home permits proclaim otherwise? Why don't people just don't pick up and move to places where people have traditionally conducted their daily affairs without the use of a car, like San Francisco and New York City?
The 1960's and 1970's in America saw an urban transition still unknown in most of the major cities of Europe. The Federal Housing Administration had precipitated the explosion in suburban development by offering 4% interest loans following…… [Read More]
Interestingly, the connection between private property ownership and political freedom developed in a roundabout way. As property owners grew richer from their commercial endeavors, the state sought to reap benefits via property taxation and this in turn helped to empower the people and Parliament. Pipes draws further connections between the evolution of the commonwealth, the British Empire, and burgeoning rights and freedoms for property owners.
Chapter 4 addresses the history and evolution of property ownership in ussia. ussia's history is far different from that of England, especially with regards to property and its connection with individual rights and freedoms (or lack thereof, in the case of ussia). Pipes explains thoroughly the origin and impact of the patrimonial system in ussia, which established monarchs firmly as the property owners and precluded genuine private property ownership. Patrimony, ussian style, is clearly and simply defined as "the fusion of sovereignty and ownership," (p.…… [Read More]
Negative Effects of California's Proposition 13 on Infrastructure
California's Proposition 13, officially known as the People's Initiative to Limit Property Taxation, was enacted in June 1978 in response to soaring property taxes (Chapman 1998). As a result of this act, real property tax in California is capped at 1% its assessed value. Furthermore, this assessed value cannot increase by anymore than 2% annually while under the same ownership. Once a property is sold to a new owner, the property value is reassessed at current market value and taxed at 1% of this value.
Three other changes became law when Proposition 13 passed ("hat is Proposition 13?" n.d.). First, the responsibility for allocating property tax revenue among local jurisdictions transferred to the state. Second, it became mandatory to receive a two-thirds majority vote in both legislative houses on any measures enacted to increase state revenue. Third, local governments were now required…… [Read More]
Port Everglades is a predominantly industrial area, with a container port and cruise ship port. Overall, however, noise levels at FLL for all airlines are below the federal standards.
The effort to manage noise pollution at FLL is ongoing. The airport authorities have submitted Noise Mitigation Principles to the FAA and are awaiting feedback on a preferred alternative for noise mitigation. The Broward County Board of County Commissioners also has a consultant to implement the noise mitigation program forthcoming.
The growth of FLL has mirrored growth in the region. The population of South Florida is expected to grow a further 25% by 2020. This will increase the strain on FLL. The lands adjacent to the airport are all developed, so there is little room for expansion. The 9R/27L runway, for example, cannot be expanded to accommodate jet traffic because of the course of I-95. Therefore, flights on the 9L/27R…… [Read More]
In truth, it would be preferable on the part of the landlord not to allow assignments or sublets of any type, but it is likely that the tenant will want this option in order to allow them greater flexibility should their need for space prove to be less than estimated and again, due to the amount of space available on the market in China it is largely a buyer's market. The tenant will likely request some subletting allowance for at least a portion of the space rented, and this concession should be made.
One of tenant's other issues of greatest importance, the Expansion Option, also relates to this desire for flexibility. Should more space be required, the tenant would want to be able to expand without undue constraints or complications, and ensuring that this could be accomplished would be a major concern of the contract agreed upon. The tenant would…… [Read More]
According to Jacobs, "It was being done unofficially when what had grown big and successful was used to eat up, or wipe away, or starve what was not."
Besides just abject failures, though, Jacobs also cites a number of success stories that indicate city planners in the United States had learned some valuable lessons from their failures in the late 20th century. According to Jacobs, "There are quite a few cities that are more vigorous and more attractive than they were 10 or 20 years ago. A lot of good things are being done, but it's not universal." As an example, Jacobs points to Portland, Oregon as a city that has taken steps to reinvent itself based on the lessons learned in the past. Emphasizing that the Portland planners did not use a "lot of gimmicks," Jacobs reports that the holistic approach used has resulted in a reinvigorated city:
"It's…… [Read More]
Stress: Regulation of etlands in the United States
Regulation of etlands in the United States
Defining etlands and their Value
A wetland refers to a place where water covers the soil. A wetland is a saturated land that comprises of swamps or marshes. Lewis defines a wetland as, "an ecosystem that depends on constant or recurrent, shallow inundation or saturation at or near the surface of the substrate" (p.3). He further ascertains that the minimum necessary qualities of a wetland are sustained inundation, saturation or recurrent at or near the surface and the existence of chemical, biological and physical facets that reflect recurrent, saturation and sustained inundation (Lewis 3). The major diagnostic wetland features include hydrophytic vegetation and hydric soils. These characteristics present biotic, anthropogenic or physicochemical features apart from where the growth of these aspects has been blocked (Lewis 3). The wetlands are located near rivers, oceans, lakes or…… [Read More]
ooderson has a strong case for arguing that the Ordinance passed by the County is unconstitutional. Article I Section 9 of the Constitution says "No Bill of Attainder ... shall be passed," and Article I Section 10 says "No State shall ... pass any Bill of Attainder." The fact that this Ordinance has been specifically designed to affect ooderson and only ooderson qualifies it as a Bill of Attainder, the term given to legislation that is designed to specifically affect a single individual. The Supreme Court ruling in Fletcher v. Peck (1810) holds "A bill of attainder may affect the life of an individual, or may confiscate his property, or may do both. In this form the power of the legislature over the lives and fortunes of individuals is expressly restrained." If ooderson can prove the religious motive of the Comissioner who designed the Ordinance, it violates the Establishment Clause;…… [Read More]
There are a number of points of interest regarding "Massage therapy in post-operative rehabilitation of children and adolescents with cerebral palsy - a pilot study." On the whole this is an extremely well-organized article, which is one of its primary strengths. The different sections and phases of the research are well documented. There are a variety of tables that elucidate several components related to the literature review, the results, and the particulars of the subjects considered in the research. However, there is more than one area of the study in which the researchers could have benefited from the use of more substantial effort and a more thorough methodology, which is certainly reflected in the results and the conclusion.
The central weakness of this study is the fact that all of the results were based on research performed on just six subjects. To the credit of the researchers they…… [Read More]
Concept Synthesis on Personal Nursing Philosophy
My interest in nursing peaked at an early age when I attended Clara Barton High School for health professions in Brooklyn NY and graduated in 1991. I first worked as a nurse's aide and home health aide for about two years and found this position to be quite rewarding. I subsequently moved to North Carolina where I took the CNA course in 1995 and began working as a CNA at various nursing homes and hospitals in the regional area. My experience as a CNA certainly helped me in my journey and provided the foundation for the later developments in my career.
Later I moved to Las Vegas in 1997 where I got married in 1998. After forming this union I went back to school for my BSN in 2002 while working as a CNA. I finished my BSN from Nevada…… [Read More]
As is often the case, these good times could not last forever. Just like our modern day governmental debt being financed by foreign investment, Andrew Jackson and the nation faced reality when in 1837 foreign investors came to banks to collect. The speculative bubble of 1837 burst in what historians accurately termed the Panic of 1837. English and other European bankers called in the many outstanding loans the states had out as well as many private investors. Paying back these loans instantly crushed the nation's gold supplies which created a ripple affect where many local and state banks could not pay their debts, investors or the governmental reserves. These events lead to many forced bank failures and a national recession ensued.
The Missouri Compromise
In hindsight, we as a nation know now that the southern states who were in favor of slavery were prepared to defend their right to own…… [Read More]
pragmatic models in the analysis of real human behavior has been a major area of study. There are two main theories that are put into test for the analysis. These are the speech act theory and the implicature theory. The pragmatic model is very fundamental for the modeling of interpersonal communication and general language use.
It is important to note that the pragmatic models serve to emphasize the elements of creativity and motivational aspects of the human characteristics in the interaction domain. Language is a form of communication and communication by itself has creative aspects to it in terms of two aspects. Throughout the human history, there have been various forms of interactions that involve the aspect of communicative exchange of words or rather language. It is this history that forms the patterns of correlations that also emphasizes the individual human behavior that is often referred to as self-concept. With…… [Read More]
Likewise, the Institute of Agriculture required a quorum of two-thirds of its members for voting purposes and for the balancing of votes according to the size of the budgetary contributions (owett, 1970). While this analysis of these early forms of public international unions is not complete, it does suggest that they were beginning to identify the wide range of interests involved in modern international commerce and what was required to mediate disputes rather than war over them. According to owett (1970), despite the growing body of research into the history and purpose of international public unions, the authorities have not reached a consensus on their classification; however, the constitutional developments and innovations made by the public unions are important considerations for policymakers today because they presaged those made by contemporary inter-governmental organizations (owett, 1970).
In the first instance, the trend towards permanence of association was distinct, no matter whether…… [Read More]
Review of Related Literature
This chapter provides a review of the literature concerning hypnosis, Eastern Meditation, Chi Kung, and Nei Kung and how these methods are used to treat various ailments and improve physical and mental functioning. A summary of the review concludes the chapter.
In his study, "Cognitive Hypnotherapy in the Management of Pain," Dowd (2001) reports that, "Several theories have een proposed to account for the effect of hypnosis. State theories assume that the hypnotic trance is qualitatively different from all other human experiences. From this perspective, trance capacity is supposedly a fairly stale trait that exhiits sustantial individual differences. Nonstate theories, often referred to as social learning, social psychological or cognitive-ehavioral theories of hypnosis propose that hypnotic phenomena are related to social and psychological characteristics such as hope, motivation, expectancy, elief in the therapist, desire to please the therapist, a positive initial…… [Read More]
estern culture has its own form of kogwayay. Although estern culture stresses individualism more than the Gebusi does, "good company" is an important aspect of social interactions. estern culture kogwayay includes togetherness, large gatherings of people such as at parties or family dinners. Although these social gatherings are different from what they are in Papua New Guinea, they serve a similar function of creating social harmony.
Just as the Gebusi like to engage in "wa-la" or chatting, so do people in estern culture. esterners get together in small or large groups and chat or they chat on the Internet. Furthermore, estern culture has its own form of "yay" or jovial teasing and cheering. The teasing and cheering often takes place within groups of only one gender. For example, a group of only men or only women will share different jokes than those same people would in a mixed setting. Often,…… [Read More]
Military Aircraft and Their Effect on Commercial Aviation
Civil aviation deals with the organization and use of aircraft as a means of commercial transportation. The principal interest is the use of aircraft on scheduled and chartered flights to carry passengers and cargo, but the subject also covers the use of aircraft for pleasure, business, and medical services. ecause of the international character of civil aviation, governments play a major role in its conduct and regulation, through both national legislation and international agreements. This governmental influence was a major factor in commercial airline operation until the early 1980s, when the U.S. domestic market was deregulated. The result was a massive increase in competition, which led in turn to a reorganization of the airlines into larger groupings. It seems likely that this process will continue in the international market, which will lead to an increase in air travel, and increased pressure on…… [Read More]
A favorite target for conspiracists today as well as in the past, a group of European intellectuals created the Order of the Illuminati in May 1776, in Bavaria, Germany, under the leadership of Adam Weishaupt (Atkins, 2002). In this regard, Stewart (2002) reports that, "The 'great' conspiracy organized in the last half of the eighteenth century through the efforts of a number of secret societies that were striving for a 'new order' of civilization to be governed by a small group of 'all-powerful rulers.' The most important of these societies, and the one to which all subsequent conspiracies could be traced, is the Illuminati founded in Bavaria on May 1, 1776 by Adam Weishaupt" (p. 424). According to Atkins, it was Weishaupt's fundamental and overriding goal to form a secret organization of elite members of Europe's leading citizens who could then strive to achieve the Enlightenment version of revolutionary social…… [Read More]
I have the managerial courage necessary to direct the actions of the others tactfully and directly at the same time. Overall, I think that my ability to develop a managerial vision that will be both effective and stimulating for the members of the educational institution. It is through my ability of inspiring and motivating an organization that I hope to achieve the core requirements and goals established by my position.
I see my managerial vision and my drive for optimal results are my principal areas of strength that will ensure my success as an educational administrator. My previous experience is also an important qualification which ensures my ability to have an accomplished performance on the job. Another major strength that I consider crucial is my understanding of the educational system and the way in which it can be made to work effectively. I have a comprehensive perspective on education and…… [Read More]
Karl Marx (1818-1883) and Max Weber (1864-1920) were the distinguished German scholars of their time and both of them individually contributed a great deal in the understanding of society and its paraphernalia.
There is not much to compare between the two scholars apart from the fact they both were Germans and prominent sociologists. Karl Marx is regarded as the founder of 'socialism'. He was a great philosopher and intellectual. His philosophy essentially articulates that it's in the very nature of man to bring change in the world. This transformation process is called labor and this capacity to bring change is termed as labor power. Karl Marx's thought on sociology and philosophy had deep rooted impact on society. He was of the view that ideologies are the product of the social structure and by that he meant the theoretical perception of right being the driving force for setting up of mechanism…… [Read More]
Conflict in DC (Case Study)
Conflict in DC
Conflict in the Democratic epublic of Congo
Background of DC Conflict
The Democratic epublic of Congo (DC), otherwise also known as epublique Democratique du Congo from their French masters and formerly Zaire is a nation situated in Central Africa boasting of a very brief coastline that runs approximately 37 Kms. DC is the third largest country in the entire Africa and stands at 12th position in terns of size in the world scale with 2,345 Square Kms (U.S. Department of State, 2010). It is the eight in the world in terms of population and fourth in Africa with the 71 million populations.
DC is neighbored by Central Africa epublic and Sudan from the northern side, the Atlantic Ocean is on its West, to the south Zambia and Angola border it and wanda, Uganda and Burundi are its neighbors to the East.
DC…… [Read More]
Strategic Framework in BP-Deepwater horizon accident
One of the most eminent names in the oil and gas industry is British Petroleum, considered as the largest provider of oil and gas to its customers for transportation, energy for heating and light and retail services for petrochemical products globally. The financial and operational picture of the company's performance is illustrated in table1 below.
Performance at a glance for 2010
Facts and figures
Sales and other operating revenues
eplacement cost profit
Number of employees
efineries (wholly or partly owned)
$297,107 million (year 2010)
($4,519) million (year 2010)
79,700 (at 31 Dec 2010)
18,071 million barrels of oil equivalent
Active in 29 countries
2,426 thousand barrels per day (year 2010)
(BP's Corporate website, 2010)
On 20th April 2010 the company faced a serious challenge when one of its oil rigs started leaking and simply couldn't…… [Read More]
Transformation in the technologies behind information will effect in vital transformation in the competition of enterprises. International Business Machines -- IBM encounter a transforming market wherein reputable products lose their competitive edge and also become defunct and are replaced by new products based on latest technologies. IBM Corporation is undoubtedly, the single most major seller in the marketplace in the current era. IBM holds a leadership position in its industry to an extent that is unprecedented in majority of other industries. Users will be encountered with intricate preferences as the restrictions of usual idea regarding information systems in dealing with modern technology becomes palpable. An inescapable aspect of inevitability is present in handling latest technology.
In case of better or worse, modernization cannot be overlooked. Coping up with new technology might be problematic in case of somebody compared to others and might be impossible for everybody. IBM can…… [Read More]
The teachers acknowledge that the other disruptive behaviors propagates the destruction of the school property therefore computer-based management results in the upstaging of the security of the school properties. This eminent vandalism is prominent in the cases where the students would like to have money selling the school properties.
The teachers separately attribute the poor morals of the students to inexperience and the ignorance of the students. Involving of computer-based programs in the student behavior management clears the doubt in the effectiveness of the management of the issues entailed. The perspective to the approach assists in the enhancement of the Developmental period of the basis of the Phase learner. They view the approach to increase the contact between the teacher and the student in the countering of the trends emergent in the process. They attribute the computer approach to the advancement in the mastery of the life skills for the…… [Read More]
era through the great depression_
The economy of the United States was faced with fair share of challenges towards the close of the 19th century that had to be mitigated lets they got out of control. Other than the economic woes, there were also widespread social injustices. There was eminent war between capital and labor. Progressive era was realized in the very last years of the 19th century up to 1917 (Sage, 2010). The progressive era was a dawn of new ideas and progressive reforms. Some of its advantages are enjoyed to date. Some of the major events that characterized the progressive era were the birth of the American oil industry in 1901 and the initiation of the National Association for the Advancement of Colored People in 1909.
The first American oil was prospected in Texas' Spindletop and this set precedent for evolution of the nation's oil sector. The Texan…… [Read More]
sound technologies and sound design in Film
Sound in films
Experiments in Early Age
Commercialization of sound cinema: U.S., Europe, and Japan
Unified sound in film production
Sound designers in Cinematography
Sound Recording Technologies
History of Sound Recording Technology
Film sound technology
Modern Digital Technology
History of sound in films
Sound Recording Technologies
The film industry is a significant beneficiary of performing arts. The liberal arts combined with latest techniques and advancements experienced a number of stages. The introduction of films and sound in films was a significant development of its times. The introduction of first film along with sound was a unique event and it revolutionized the industry in such a way that it influenced every individual related to the industry to start thinking on creative and innovative grounds for improvements. The stages of films can be identified as silent films…… [Read More]
An illusory correlation occurs when there is an observance of an expected relationship between variables and in fact this relationship does not exist (Chapman, 1967). One of the most common examples of this occurs when people stereotype; when people form false associations between membership in a particular group and novel behaviors that are typically negative and tend to be the focus of one's attention (Hamilton and Gifford 1976). With the mapping of the concept of race itself.
One of the consequences of mapping the human genome has been that genetics and science has gone on to conform something many often said but perhaps few were really convinced of: qualities such as "whiteness" are cultural constructions and the concept of "race" itself may also be a cultural construction. Instead of representing an actual biological distinction perhaps it is our political ideologies, economic systems, and other social constructions that invent concept…… [Read More]
Nurse etention Capacity
Standards & Analysis on Nurse etention
The demand for nursing staff in the United States has significantly increased and according to the Center for American Nurses, employment in these positions have increased to an amazing 83% which is now at the highest it has been since 1980, and considering that this role is the biggest job in healthcare offering over 2.6 million jobs, the problem in hospitals, healthcare facilities, and in home care is the lack of nurses (Bureau of Labor Statistics, 2011). Furthermore, there are many reasons as to why experts and the healthcare facilities are unable to hire enough people to fulfill the positions within their establishments, and most research has determined that the main reasons there is such a shortage in nursing jobs is because of the poor management and leadership within the nursing work environment, the increased amount of responsibility and work load…… [Read More]
Cohousing: A Model for Australia
The roots of cohousing can be traced in Denmark in the early 1960s, expanding independently and simultaneously in Holland and Sweden where it grew into an established housing model. This term is a direct translation of a Dutch word meaning living together. In the model of cohousing, residents of a community rent or own their own homes while at the same time, share the ownership of communal space and the common house that hosts community activities. The level at which members participate in activities is voluntary although the model encourages community participation. The different income resource enables household preservation and autonomy of privacy within the community (Cooper-Marcus, 2010).
In the cohousing model, common houses make the heart of the community and members share meals sometimes as a means of bringing the community together. The financial contribution of residents of at least fifteen percent of their…… [Read More]
Loans Envisioned Research Methodology
Association Loans: Association Loans Envisioned Research Methodology
Association Loans: Envisioned Research Methodology
Envisioned research Methodology and Design
Descriptive Research Methods
Research Designs Considered
Explanatory Sequential Design
Exploratory Sequential Design
The Embedded Design
Research Validity and Reliability
Strengths and weaknesses
Method of Data Collection
Primary Data Collection
Secondary Data Collection
Justifying Choice and Alternative methods/designs
The loan associations work on different grounds as compared with commercial bank loans. The commercial and saving bank loans and financing options are usually provided by the financial service providers are more focused to provide funds for business venture. The loan's security is also devised based on credit cards, business performance, and the likelihood of growth potential. However, the loan associations and building loans are more concerned about promoting land and building ownerships.…… [Read More]
The argument being advanced is that since, the Muslim extremists were responsible for the 9/11 disaster, the construction of the Muslim religious center would inculcate the jihad teachings and dishonor to the memory of the 9/11 victims. The question one would ask is this, what about the strip clubs, bars and other activities that are zero blocks away from the hallowed ground, do they honor the victims of the attacks. Consequently, it can be argued that Politicians and anti-Muslim groups found an easier way to agitate the crowds by exploitation of their Islamophobic instincts with the aid of the media framing of the issue. In same the interview, what comes out clearly is that Pamela fights against what she perceives as Islamization of America as opposed to Americanization of Islam. he later describes the center, which she refers to as ground zero mosque as a war memorial against the Americans…… [Read More]
Criminal Justice System
Challenges of Mara Salvatrucha (MS-13) to law enforcement
Law enforcement agencies view the Mara Salvatrucha (MS-13) the most harmful street gang in the U.S. The aggressive nature of MS-13 members have led to a variety of killings and terrible beatings. Various trials held in New York and Maryland have led to significant jail terms even extending to life imprisonment for MS-13 members. The FBI was first attracted by violence, but proof of the gang's escalating level of organization has drawn public attention. Organization is an indicator of a future where MS-13 is will be a transnational network of criminals extending from the United States to suburban communities in a multitude of U.S. towns (Mandel, 2013).
Despite functions of violence, it is worrying to note that MS-13 movement is improving its structure and organization. Many major security experts are comparing it to the illegal groups of the 50s…… [Read More]
This document considers the various points of correlation between human resources, management information systems, and supply chain management in relation to critical IBM concepts of managing an organization. It identifies how these three areas intersect and their long term value for organizations as a whole. Ultimately, they are vital aspects of operations in the contemporary business world.
There are a number of eminent facets involved in the management of contemporary organizations. Encompassing a wide range of characteristics, the most notable of these pertain to information technology, resource allocation, and varying elements of procurement. Effecting competitive advantage today no longer requires simply being able to create superior products and services. Instead, there is a growing reliance on both operations and operational efficiency which influences an organization’s overall sustainability. Some of the key facets of operations include the prudent management of human resources, information systems, and supply chain. Organizations…… [Read More]
John Stuart Mill and the idea of equality
Society typically views the triad nexus of politicians, bureaucracies and the financial elite suspiciously, believing they breach the common man’s rights, and, consequently, strives to ensure they behave as it desires. Mills argues, “the government, whether completely responsible to the people or not, will often attempt to control the expression of opinion, except when in doing so it makes itself the organ of the general intolerance of the public (pg. 376).”
The above societal attitude is understandable as this triad nexus has violated people’s will and freedom. As a result, democracies were created in which the common man is allowed to take part in national decision-making. However, in a democratic system the community will govern governmental decisions, giving rise to a self-governing nation. However, Mills warns and asserts that in democratic systems, public opinion (i.e., the majority’s opinion) quells the minority’s views…… [Read More]
The Influence of Data Visualizations
Data visualizations play an increasingly important role in today’s data driven operations. They have a way of making people more aware of just some of the many relationships that are concealed within the current magnitude of data surrounding us. Oftentimes, selecting the right data visualization can aid in one’s overall confidence in the quality of data. Visualizations are not only an eminent means of illustrating various facets of data quality, but they also help to give data vibrancy which otherwise eludes it.
Moreover, there are a number of contemporary techniques in various domains such as machine learning and other cognitive capabilities that involve data visualizations. Progressive technologies such augmented reality, virtual reality, and other variations of extended reality were specifically designed to reinforce visualizations’ chief value proposition. They are able to effectively use images to illustrate relationships that can prove valuable in both academic and…… [Read More]
But Morgenson suggests even more troublingly, that the fundamental assumption of affordability behind the new program is flawed: "in devising what it considers an affordable mortgage payment, the program doesn't account for all of a borrower's debts -- the first mortgage, second lien, credit card debt and automobile payments. Instead, it calculates affordability using only the borrower's first mortgage payment, insurance and property taxes" (Morgenson 2009).
The program may even hurt those borrowers with second liens: "These banks -- the very same companies the Treasury is urging to modify loans that they service -- have zero interest in writing down second liens they hold because it would mean further damage to their balance sheets. Say a troubled borrower has a first mortgage owned by a pension fund in a securitization trust and a second lien held by the bank that services the loans. The servicer is happy to modify the…… [Read More]