Mutations Essy

If these genes mutate, then one is considered as having a hereditary risk of breast and ovarian cancer. The BRCAI and BRCA2 mutation means that a woman has an increased risk of breast and/or ovarian cancer before menopause. Sometimes close family members were diagnosed with cancer at an early age also. These harmful mutations also increase the risk of cervical, colon, uterine. stomach, melanoma and gallbladder cancer. There are no standard criteria for who should be tested for the BRCA gene mutation, but if you have family members who have had cancer, It is a deflnlte clue.If any of these family members were young; before menopause, it is a good idea to think about being testing for the ene. It would be a very good idea to ask the family member to test for the BRCA mutation, so that the rest of the family members would know ahead of time also. According the National Cancer Institute, the risk of having the mutation is higher if you are of Ashkenazlc Jewish descent. If this Is the cas e, pay attenuon to If a parent or sibling has been diagnosed with cancer.Also, find out if any grandparents, half- siblings, nieces or nephews had cancer. Pay special attention to relatives that are male, and whether the relative had cancer in both breasts (bilateral breast cancer,) nd a combination of two or more first or second degree relatives diagnosed with ovarian cancer, no matter what their age was when diagnosed. If you have been diagnosed with the BRCAI or BRCA2 gene mutation, you are really in need of support from family and friends.Some people turn to the national advocacy group called Bright Pink. This organization is specifically geared to young women at high risk of breast and ovarian cancer. Many young women are relieved to find out that they are not the only one suffering alone. Having a list of Advocacy groups is lifesaving because once you know; you understand what you must do. The protocol for women with the BRCA mutations is to do nothing until the age of 25 and after that begin a screening regimen between mammograms, ultrasound and a MRI every six months.At age 35 a woman is advised to consider a double mastectomy followed by a complete oophorectomy (removal of one or both ovaries) at age 40. The solution to the BRCAI and BRCA2 gene mutations is hard to do, but you can still live your life after having a mastectomy and an oophorectomy. Most women are done bearing and nursing their children by the time they are in their mid-30's. Mothers then want to be round to raise their children, they want to be around to see their grandchildren born and they want to live their life with their mate.

Scenario

Decision Form Period 5 Company____ 3 COPY I Price (per unit) Advertising Sales Corporate Identity Market research report Market 1 3090 EUR 6 mEUR MEUR Yes: ? x 2 Market 2 4420 FCU mEUR 3 Market 1 no. of ppl. Market 2 no. of ppl. Yes: ? Yes: ? Value Analysis 1 2 Sales Staff 120 90 Bid price for tender 2699 EUR/unit Relaunch (I – old) Introduction (I – new) Ecology 2. 6 4. 8 Technology COPY I – old COPY I – new COPY II – new 35 50 o. of ppl. no. of ppl. no. of ppl. COPY I R&D mEUR mEUR mEUR mEUR mEUR mEUR Purchasing Input Materials/Parts 30,000 units COPY I Production Volume Production Lines Investment Disinvestment Maintenance Rationalization 50,000 units Type B no. of new lines no. of line(s) mEUR /line mEUR /line 1 3 Type A no. of new lines no. of line(s) mEUR /line 1 mEUR /line 1. 6 Type C no. of new lines no. of line(s) mEUR /line mEUR /line ProductionProcess Optimization Investment in Environmental Technology Production Staff – hire (+) / dismiss (-) Training Non-salary costs Short Term Loans Long Term Loans Purchase of securities Dividends . 3 . 20 mEUR mEUR ppl. mEUR % mEUR mEUR mEUR % of net income Financing 5 30 COPY I Planned figures Sales Revenue* Return on equity Cash-Flow Market 1 100 mEUR % 15 10 mEUR Market 2 50 mEUR * Sales Revenue without Bulk Buyer and Request for Bids TOPSIMÂ ® – General Management | Version 13. 0 | Decision Form 8 Periods – Standard Scenario www. topsim. com

Co-Education

Argumentative essay – Separate-Gender Classes in Co-Ed School is the best solution to the situation Nowadays, many parents are worrying about the amount of distractions that exist in co-ed schools, which directly affect their children's academic performance. This is simply due to the fact that there are chemical reactions when different genders spend time together. Consequently, there are a number of negative effects, for example, achieving bad academic performance and inappropriate relationship for children.While it cannot be denied that this issue will not disappear soon, I have analyzed two long run solutions. The first is assigning students in single-sex school and the other one is allocating them in single-sex classes in co-ed school. The second solution means putting all girls in one classroom and all boys in another, while they are in the same school. In the following essay, I will explain why assigning students in single-sex classes in co-ed school is the best solution to solve the issue that parents are worrying about.One point which I consider to be absolutely vital is the balance of subject-liking preference for both girls and boys. In other words, there are gender-typical subject preferences in both education systems: Single-sex school and Co-ed school. A British researcher has carried the research based on the attitudes of the students toward different subjects. â€Å"Students at co-ed schools tended to have gender-typical subject preferences: boys at co-ed schools liked math and science and did NOT like drama or languages, whereas boys at single-sex schools were more interested in drama, biology and languages.Likewise, girls at girls-only schools were more interested in math and science than were girls at co-ed schools† (Stables. 1990). Brian Walsh, who has been a principal at both boys' schools and co-ed schools, also made the observation: â€Å"Boys ordinarily do not even try to sing in a co-ed school, whereas they love choral sin ging in a boys' school; in the co-ed setting they make fun of French pronunciation, whereas in the single-sex setting they enjoy becoming fluent in French† (Riesman, 1990).There are gender-typical subject preferences in both single-sex schools and co-ed schools. However, this issue can be balanced by combining the ideas of single sex classes and co-ed school together in one school. In order words, implementing separated gender classes within a mixed gender school can actually balance the issue of subject-liking preference. There is a research carried by University of Cambridge can prove that separating students for some subjects help them to concentrate and improve their exam grades in the classes.Many girls and boys feel more at ease in such classes, feel more able to interact with learning and to show real interest without inhibition, and often achieve highly in all the performance† (‘Separate class needed for boys', 2005). Specifically, if we apply the second so lution to the school system – putting girls in one classroom and boys in another classroom in co-ed school, there are no or less gender-typical subject preferences. Different genders will try hard on the subjects that they don’t prefer to study as in co-ed school and in single sex school.For example, boys will be more likely to sing in the class and will also like mathematics and science as well as drama, biology and languages. Therefore implementing separated gender classes within a mixed gender school can not only balance the issue of subjects-liking preference, but also allowing children to become more well-rounded students, which I believe this is something most parents hope to see. There is less interaction between genders in a single sex school, which means it has less distraction for students than co-ed schools.However, in terms of social life, less interaction from different genders means less practical social abilities in daily life in single sex school. In or der to reduce this problem, a separate-gender classroom in a co-ed school system is the ideal solution. Therefore another benefit of having single-gender classroom within a co-ed school system is the self-development of students’ social skills. As in single-sex school, since all peers are girls in girls’ schools and all classmates are boys in boys’ schools, there is no interaction between different genders inside the school in daily life.Ruben A. Gaztambide-Fernandez, an assistant professor at the Ontario Institute for Studies in Education at the University of Toronto, has mentioned that â€Å"Single sex schools shelter the opportunity of social behaviors from students. †(Aschaiek, 2012). On the other hand, many people think that the interactions between male and female students are too frequent in co-ed schools, which may cause unexpected and complicated relationships. In my personal opinion, it is true that there is not enough cross-gender interaction i n single sex schools and there is too much interaction in co-ed schools.Therefore, In order to balance to the interactions between different genders to maintain a considerate relationship and healthy social life, applying the second solution of separate-gender classrooms in co-ed school is the best alternative to this issue. This could be further explained by increasing the activities between different genders in their break time after the separate-gender classes in co-ed schools. To sum up, even though single sex schools have many other advantages for children to study, separate-gender classes in co-ed school is still the best alternative to solve the worry from the parents.It may not only improve children’s academic performance, but also help their social abilities to be more confident in dealing with any problem in a relationship. More importantly is that girls at the separate-gender classroom have less stereotyped thoughts about the role of a woman. Co-Education – A Detailed Essay Co-education means the education of boys and girls together. In our country there is co-education in some college and schools, in most colleges and school there is separate education for boys as well as for girls. Co-education has remained controversial issue in our country.Some people are in favour of this system and want to introduce it in all schools and colleges. They say that this system is very useful. They give many arguments in its favour. Their main argument is that in poor and backward country like Pakistan it is impossible to maintain separate institutions. Therefore co-education should be opened to girls also. The supporters of co-education also say that in progressive society men and women should come closer co-education would provide an opportunity to the young men and women to understand each other. This would be very helpful for them in future life.It would also be good for the progress of the country raise the standard of education. Because it will promote competition among boys and girls. In fact the supporters of co-education are talking of its benefits in such a manner, if it is only road to heaven. A little thought would expose the hollowness of these arguments. Everyone who has visited even a couple of colleges and schools knows that all of our institutions are frightfully over crowded. The girls’ schools and colleges too are over-crowded. Hundreds of new educational institutions are needed. It some of these are reserved for girls, it would not cost more to government.If number of girl’s students were small then the consideration of economy would have been partly valid. The second argument is also not valid if young men and women can’t understand each other in their homes and families, then they would not be able to do so in the school or college. Why that one is feels that one can understand the opposite sex only if one meets one’s neighbours daughter. The system of co-education will not raise the standard of education. Temptation of flirting is strongest than the urgent reading text books co-education will create many problems not only for the students but also for teachers.Temptation does not distinguish between the students and the teacher. The real reason why some people support co-education is that they like western culture. They want to be more English than English because west has co-education so they must have it. But we have to consider whether our religion, our culture and our circumstances allow us to adopt co-education. I can say that they certainly not allow us to adopt such system. If co-education is inevitable one would agree to it. But it is not a necessary evil. And there is no reason that we should patronize everything with foreign name.If it is necessary we should adopt it only at elementary level while at secondary level and higher secondary level there should be separate system of education. By adopting this system at secondary and higher secondary l evel we will only be able to promote vulgar-ness in our society. Essay on Co-Education System Co-education is a system of educating boys and girls together. In ancient times, co-education was prevalent in Greece. Today, this system of education is there in almost all the countries of the world. It is economical. It generates a spirit of comradeship between boys and girls.The problem of shortage of trained teachers can be dealt with by this system. Boys overcome their curiosity and girls, their shyness. They learn to respect one another. Though a few conservative people are against this system, their views do not hold ground. Co-education generates harmonious relationship, a sense of co-operation, and thus, helps in the progress of the nation. Co-education is a system of educating boys and girls together. In ancient times, co-education existed in Sparta in Greece. There was no discrimination between boys and girls. They studied and played together.Along with academic education, physi cal training was also given to both the sexes. Plato, the Greek philosopher, believed that co-education helped in the development of personality of both men and women and created a feeling of comradeship among them. He felt that co-education was the only method to make both men and women useful members of society. Hence, in the west, the importance of co-education has been felt since ancient times. In early Vedic Society (Ancient India), co-education was prevalent in a few places. But gradually female education began to be ignored.Moreover, the system of education was quite different from that of today. The boys stayed in Gurukuls, for the whole educational period. There they received both in academic education and physical training. The former included the study of the scriptures and the latter, training in warfare. Girls were not sent to the Gurukuls, and thus were deprived of the benefits of education. In medieval India, those belonging to lower castes and the womenfolk were not allowed to attend schools or study the scriptures. Raja Ram Mohan Roy, great social reformer and scholar, fought against this practice and succeeded in his mission.His job was further carried on by other social reformers. Today, co-education is prevalent in almost all the countries of the world. In India, there are a number of co-educational schools, colleges and universities. There are a number of advantages in the co-educational system of education. It is economical. Poor countries cannot afford to open separate schools for boys and girls. If boys and girls are taught together in the same school, then there will be no need to open separate schools for them. Thus, the cost to be incurred on building infrastructure, furniture, stationery, personnel recruitment, etc. will be saved.There is a shortage of good trained teachers in developing countries like India. If there is co-education, same staff can teach both boys and girls at the same time in the same class, and the problem of sho rtage can be dealt with. Establishing more of co-educational schools can help in spreading literacy even with the limited teaching staff and infrastructure. Thus, it will be beneficial for both boys and girls and the nation as a whole. Co-education helps the boys and girls to intermingle and understand each other well. They become more broad-minded and tolerant towards the opposite gender.They interact freely with one another, thereby overcoming hesitation and shyness. Thus, co-education leads to a healthy and harmonious relationship between boys and girls. In a co-educational school, boys are free to meet and talk with girls. They develop a feeling of friendship among themselves. Boys then, usually don't indulge in eve-teasing. Co-education contributes to the balanced development of the personality of boys and girls. A new study has revealed that the co-educational schools are better as the presence of girls in classes restrains boys from indulging in unruly behavior and improves t heir academic performance.Infect, a higher percentage of girls not only lowers the amount of classroom disruption but also fosters a better relationship between students and their teachers. The researchers found that classes with more than 55% of girls resulted in better exam results and less violent outbursts overall. Boys with more female peers in their classes showed higher enrolment rates in both advanced mathematics and science classes, but overall benefits were found in all grades for both sexes. They conclude that this effect is due to the positive influence, the girls are adding to the classroom environment.Infect the study found that primary school classrooms with a female majority showed increased academic success for both boys and girls. In the middle and high schools, the classrooms which had the best academic achievements overall were consistently those that had a higher proportion of girls enrolled. The researchers suggest that boys and girls may learn differently, but it is better not to send them to sex-segregated schools. Boys become conscious of their dressing habits, behavior and the style girls. They work hard to remain ahead of one another.Co-education reduces gender bias in the society. It generates a feeling of equality between both and sexes. The feeling of male dominance may be wiped out from the society if this system of education is given importance. However, some people are opposed to the system of co-education. According to them, this system is against the Indian culture and tradition. It is also argued that girls feel freer in an institution which is meant only for girls. As such they have greater scope of developing their personality. They also participate in sports, dramatics and debates more freely.Teachers of some subjects like Biology also find it easier to explain some chapters more thoroughly if only girls or only boys are sitting in the class. Sex education has also been introduced and in co-educational schools even teache rs find it difficult to discuss such topics in the class. It is also felt that since students (especially teenagers 13-19 years of age) are of impressionable age, the possibility of their going astray is much more in co-educational institutions, where they enjoy more freedom of intermingling with the other sex. They also do not remain focused on studies.It should be acknowledged that in the fast changing society of twenty first century co-education has to become the order of the day. Today girls are entering all professions in large numbers. Many of them are heading big organizations. Co-education will help young boys and girls to mix freely and understand one another better. Today's children are tomorrow's citizens. We must encourage them to develop their personality in a free healthy atmosphere. Girls no more have to remain confined to the four walls of the house. Co-education will help both sexes to learn and work together for the progress of the country.

Adults with learning disabilities Essay Example | Topics and Well Written Essays - 1500 words

Adults with learning disabilities - Essay Example A learning disability is defined as a neurological disorder. It is the result of a difference in wiring in some adults and children.Those who experience a LD may be as intelligent,or even smarter,than their cohorts,although they have difficulty with an activity/s such as; reading, writing, spelling, recall and reasoning Interventions to aid adult learners with LD have changed dramatically over the past century (D'Amato, Crepeau-Hobson, Huang, & Geil, 2005). This paper will critically review the development of the present day approaches to intervention to demonstrate the benefits of the social-model. Firstly, a historical perspective will be given to illustrate the growth of LD service delivery from a medical-model approach, labeling theory to a social-model approach. Secondly, person-centred planning shall be critically discussed. Next issues of anti-oppressive practices with regard to gender will be outlined. Finally, a conclusion shall synthesise the main points of this paper to id entify the advantages that social-model based interventions can have. It is anticipated that this paper will inform research to aid adults with LD to be encouraged in their strengths, aware of their weaknesses, and to better understand health and social care systems approaches to providing care. In the early 19th century the leading model of care for adults with a LD was grounded in the broad system of health care (Young, 2006). Following the industrial revolution and the mass migration of the rural population to the cities those with a LD tended to be among those living in poverty and performing enforced labour. In the mid-19th century many concerned citizens debated the humanity of the conditions of those living in poverty, and who were experiencing ways of being such as a LD. The medical-model approach at the time considered the people housed within asylums as 'having a problem' that was not able to be worked with. The patients were often treated as children and robbed of their d ignity and seen as not able to make the correct choices for them to ensure good health. According to the medical-model those with a LD were a threat to the 'contamination' of the UK gene pool. Hence, this later medical-modal approach continued with the view of a biological condition alone, that could not be altered in any way by 'nurturing'. And by taking a rigid 'nature' view of LD saw the person experiencing the condition as beyond hope of social interventions, and that wider society (i.e., environment) had no responsibility as to how those with LD experienced life and well being. Dramatic changes came following the Wars, when the atrocities of Nazi experiments highlighted the need for more thought into what it means to be human, issues of dignity, welfare, protection and human rights. The dawn of ethical research and treatment had come. Whilst the medical-model remained focused on diagnosis, treatment and monitoring for effect, the idea that living experiences for those with LD could be improved took hold. The new version of the medical-model emphasised the possibility of treatment by identifying and strengthening cognitive abilities of those with LD (arrowsmithschool.org, 2007). "When the weak areas of the brain are strengthened.the learning disability is reduced or removed." (Steinberg, 2007, p. 1). In 1946 there was the introduction of the National Health Service in the UK and with it came the creation of the term 'mentally handicapped' and the institutions developed into hospitals with a focus on caring for patients. Society had shifted from seeing those who were LD as dangerous and a potential infectious threat, to people in need of interventions and treatment. Labeling theory (Tannenbaum, 1938), grew in popularity as those with LD who adopted deviant behaviors, such as drug use and or crime, were considered to be the 'victims' of social

Geograhpy middile east class Essay Example | Topics and Well Written Essays - 250 words

Geograhpy middile east class - Essay Example I would support a deal between my country and the Palestinians that secured access for Israel to the freshwater aquifer under the West Bank when it becomes an independent nation in exchange for free access for Palestinians to the Temple Mount. I would support this deal for two reasons. The first centers on vital access to fresh water that Israel desperately needs. Even though the Temple Mount is significant to Israelis, especially religious ones, there is nothing there that will help water crops, animals or people. The Temple Mount will not ensure fresh water for food processing or other industrial processes. We need access to that water in order to keep growing and strengthening our economy. The second reason we should strike this deal is to begin to change public perception of Israel. We are often viewed in this day and age as the side that inhibits movement in any peace process. If we would offer this deal, then we could show that we are really willing to negotiate about the diffi cult issues that separate us from the Palestinians. The Temple Mount is a sacred site for many Israelis. It is an important place for the Jewish nation. But the reality is, allowing access to Palestinians will not make it less sacred. Gaining access to the aquifer under the West Bank is necessary for the survival of the

Culturally relevant teaching in the American educational system Assignment

Culturally relevant teaching in the American educational system - Assignment Example This research will begin with the statement that the documentary Beyond the Bricks offers a very candid snapshot of the systemic failures of the American educational system in regards to relating to African American students. In retrospect over fifteen years ago a literary work The Dreamkeepers: Successful Teachers of African American Children† highlighted a similar set of circumstances and proposed systemic changes that could be made to the educational system to better relate and teach African American children.   Beyond the Bricks was released in early 2009; it focused on the goal of promoting solutions for a critical problem in American schools: the consistently low performance of African†American boys in the public education system. The documentary chronicles two African† American students Shaquiel and Erick as they struggle to succeed in the Newark, NJ public school system.   Unlike, other film portrayals of Black youth which introduce a philosophy grounded in the negative imagery associated with ‘blackness and maleness’ in America, Beyond the Bricks offers a view of the Psycho-social trappings of the stereotyping within the system and its ultimate failings.   Though the film focuses primarily on Shaquiel and Erick, the issues addressed extend universally throughout all African American communities. Beyond the statistics are the real stories of students like Shaquiel and Erick who must fight the indifference of the system to build a better future for themselves.

Problem and Solution paper Assignment Example | Topics and Well Written Essays - 750 words

Problem and Solution paper - Assignment Example Mobile phones have formed an integral part in the current telecommunications as well s electricity and have since formed part of the day to day living of people. The exposure of a person to a mobile phone is usually measured in terms of Specific Absorption Rate. Mobile phones use radio frequency signals whose exposures to body issues have adverse health effects. Even though the exposures to these signals from phones are low and within EU limits, they could have long term effects on humans. The RF fields normally penetrate the tissues of the body to varied depths depending on their frequency. When energy from RF is absorbed into the body, it is changed into heat which is then carried away by body tissues. It is this heat that has health effects. Recent research has shown that the exposure of RF to body tissues do not cause cancerous infections because of its low levels. Issues that raise concerns over the safety of mobile phones on health are whether continued exposure to these signals could cause infectious diseases. Mobile phones have not been embraced for a period long enough to ascertain their long term effects. For this reason, it is sti ll unclear the extent of long term use of these forms of technology in relation to the occurrence of the disease acoustic neuroma. (Burgess 188) On the other hand, those who live around power lines are at a risk of contracting cancerous infections though the probability is extremely low. These lines provide Extremely Low Frequency fields. A recent research conducted by the International Agency for Research on Cancer there is a possibility that these magnetic fields are a human carcinogen. However, it was stated categorically that this is not a direct insinuation that the magnetic fields are actually carcinogenic but was classified as a possibility. (McCall 120) A 1979 research raised concerns of increased incidences of leukemia realized in children who lived in residential places that were close to

Assignment Example | Topics and Well Written Essays - 250 words - 181

Assignment Example It explains how consumers will behave as a result of change in prices (Frank, 2007 pg 66). Therefore, the compensated demand curve shows the relationship between the price of a good and the quantity purchased assuming that other prices and utility are held constant. It answers the how utility will change as a result of a change in relative prices of that specific food. In case of an inferior good, customer maximizes utility at point a. However, the prices of good x falls to Px0 making the budget line to rotate. As a result, a point b is formed when the budget line meets the indifference curve. This is known as the price effect. To attain a new equilibrium, M is reduced to M* where a new equilibrium bundle is formed. Therefore, substitution effect is the change of good X from point a to b. The income effect shows that as the income increases,the quantity of good X desired reduces from c to b. For a normal good, income elasticity of demand is positive. On the other hand, elasticity of demand for an inferior good is negative (Frank, 2007 pg 149). This therefore clearly indicates that for a normal good, increase in prices leads to decrease in demand whereas an increase in prices leads to increase in demand for an inferior good. Therefore, normal good are more elastic than inferior

Social and Economical Factors Impact on Managerial Education Decisions Research Paper

Social and Economical Factors Impact on Managerial Education Decisions - Research Paper Example In this study, we would first draft the economic and social viewpoint on manager decision and a number of abnormal experiential phenomena as they emerge in research. Second, we would bring in the ideas of decision and manager decision because we would consequently employ them in this study. Third, we would argue two-stage rational attitude in a hospitality industry and whoosh in on the management of two-stage rational attitude. Fourth, we would build a structure of decision based on two-stage rationality. Fifth, we would depict what manager decision of two-stage rational attitude appears akin to within the structure and demonstrate how it could gather the four phenomena elaborated in the study (Kim; Shin and Swanger 2009 pp.96-104). Lastly, we would sketch a number of conclusions, among others concerning the reimbursement of having a socio-economic view on manager education decision. Research Questions 1. Find out the overture a structure of manager education decision that gathers ph enomena in study, similar to the significance of social and economic components for managing behaviour, rule-subsequent behaviour and the evolutionary temperament of control? 2. Give detail the phenomena that the leading economic and social viewpoint, depended on self-attracted agents and financial rewards, could not effortlessly attract. Discuss Design The structure typifies manager education decision as the managerial attitude in hospitality industry. It is based on two-stage rationality in which rule-following managerial attitude provides sense to economic and social components. Study Review The Economic View A most vital element of the study in manager decision is... This essay stresses that there are very little efforts to provide a more universal structure which is based on a broader picture of people attitude. In this study, we would first draft the economic and social viewpoint on manager decision and a number of abnormal experiential phenomena as they emerge in research. Second, we would bring in the ideas of decision and manager decision because we would consequently employ them in this study. Third, we would argue two-stage rational attitude in a hospitality industry and whoosh in on the management of two-stage rational attitude. Fourth, we would build a structure of decision based on two-stage rationality. Fifth, we would depict what manager decision of two-stage rational attitude appears akin to within the structure and demonstrate how it could gather the four phenomena elaborated in the study. As the paper declares a most vital element of the study in manager decision is considered with the economic view on the decision concern. In accordance of this viewpoint, self-attracted peoples are synchronized throughout the employment of, typically financial, rewards and punishments. In the precedent few decades, four advancements were pointed out in study that could not be gathered effortlessly by the neo-classical as well as new-institutional economics supported perception on manager decision. A lot of experiential studies demonstrate that the running methods for managing a hospitality industry are established to vary from the resolutions agreed by the economic viewpoint

Humanities modern movements Term Paper Example | Topics and Well Written Essays - 500 words

Humanities modern movements - Term Paper Example The specific issue of gender, according to the authors, has begun to give new and added focus on the role of women. Archaeological research into gender varies from an emphasis on class and occupation to an interest into the ways in which the meaning of gender has evolved over time. As well, the authors point to a rise in biographies being written about female archaeologists as evidence that the field has begun to change. Interestingly the authors of the article claim that there is a correlation between research into gender inequities and work-place inequities within the field of archaeology itself. The idea that the field is sexist has, in their opinion, given rise to the increased interest and study into questions of gender. Concerning methodology, and its relation to an â€Å"engendered archaeology,† the issue of gender as a social construct is put into perspective. According to the authors, gender has always been viewed as a social construct, though in varying degrees and depending on the given scholar. In their view, a gender-based archaeology would first and foremost seek to challenge any and all â€Å"starting assumptions† relating to the issue of gender in human history (Conkey 1997, 411). The issue of gender would be interpreted as it relates to human-constructed reality and the material foundations of that same reality. By relating it to feminist thought, gender-based archaeology is able to show the areas where gender studies shed light: methodology, research, and intra-professional issues (hiring of archaeologists, male-female relations within departments, etc.). Most of all, they wish to show how a feminist archaeology might better approach â€Å"gender† than traditional a rchaeology. A parallel movement has been feminism in general, one which is partially derived from the humanistic belief that all humans deserve freedom and dignity, women

Babylonian captivity Research Paper Example | Topics and Well Written Essays - 1250 words

Babylonian captivity - Research Paper Example This paper seeks to discuss the Babylonian Captivity (Michael 36). Following the capture of the Babylonians city, a certain number of Israelis, who perhaps were selected basing on their importance and prosperity, were deported back to Mesopotamia. The number that remained is still being disputed by various scholars, but the deportations were the common places in Babylon and in Syria policy. The exiles made sure their links with their relatives back at home was maintained as clearly explained by the Ezekiel who was the early year’s prophet of exiles. In about 538 B.C, Cyrus the great, who was by then the new master of an empire put initialized a new attitude geared towards the restoration of worship, as well as the decreed and nations at Jerusalem. The centaury that came after this decree was essential in the Jews history given that it was the time that the Jews got reintegrated into a religious and national unit. In certain parts of this period, Nehemiah and Ezra are regarded as the best source. Notably, it is during this period that the prophesied seventy years of captivity were all fulfilled at a time when the new template was completely finished in 516 B.C. The exile to Babylon and the act of destroying the temple do represent a magnificent shock to the Jewish persons. Formerly, there lacked a basis of comparison given that during early days, normative Judaism was taken to imply constantly living in presence of God, which was an act well acceptable at the temple. There are numerous miracles that did occur on a daily basis at the temple and could easily be witnessed by many people. For instance, whichever way wind blew, the smoke of sacrifices obeyed and went ascended straight to heaven. In this case, feeling spiritual while in the temple was such an intense spirituality and it was a clear indication that God was together with the Jewish people. It was the same for the land. One specific miracle exhibited by the land, was that after every six years, th ere was a bumper crop harvest, which provided the Jews an opportunity to take the seventh year (the sabbatical year). However, it is worth contenting that as it presently stands, the temple, God’s presence and the land are all gone. This explains why they wept at the rivers of Babylon. History has it that whenever the Babylonians attacked Israel, they took with them 10,000 of the brightest and the best that appeared to be as a disaster. However, with the Jews coming to Babylon, it seems to be a blessing because with their arrival, the Jewish infrastructure is implemented. It is from this that it can be observed that the Yeshivas were established, with there being a mikever and butcher. This, therefore, implies that the Jewish life continues and hence there can hardly be seen any assimilation during the period of Babylonian exile. LIFE IN EXILE As widely noted, the Babylonians were notably quite cruel while pursuing their wars and conquests, as well as attitudes towards the Je wish community who were living and let live (Michael 23). It happened that that life while in Babylonian turned out not as such too awful as expected. Therefore, they went ahead to point at the community leader who at the time was their representative to the Babylonian authority for the Jewish commun

Health Safety and Security Essay Example for Free

Health Safety and Security Essay Outline how legislation, policies and procedures relating to health, safety and security influence health and social care settings. M1: Describe how health and safety legislation, policies and procedures promote the safety of individuals in a health or social care setting. Within health and social care there are a number of acts and procedures set out in legislation which must be followed. These acts ad procedures influence care settings by offering practical examples of good practice and the way that health and social care should be delivered. They provide advice on how to comply with the law and determine what is reasonably practicable. The acts enforce a duty of care to everyone who is involved at all levels such as the service user, the service user’s friends and family and the staff. The first act I will be looking at is the Health Safety at Work Act 1974. This act was put into place to protect employees from exploitation and being over worked. The main features of this act are that employers-who employ more than five employees-must provide a written health and safety policy, take precautions to reduce the possibility of accidents occurring, provide training to enable staff to work safely, provide equipment (if needed) to ensure the health of those working. Employees must comply with health and safety policies in the workplace and report any potential hazards. Also, employees need to be fully informed of their rights and responsibilities and leave nothing to chance. ‘The Health and Safety at Work Act 1974 is the primary piece of legislation covering work-related health and safety in the United Kingdom. ’ www. nidirect. gov. uk/ For the employees, this act means that training in all aspects of health and safety is compulsory so they would need to be fully informed about policies and procedures such as what to do in the event of a hazard to minimise any risk. So, the employee would know what to do, who is responsible, how to report the hazard and how to deal with it. Also, the employee would have important knowledge about fire regulations and how to evacuate the building (know where the fire exits are). It prevents employers from exploiting employees and having them work long hours and shifts in health and social care. Service users can be at risk if the people who are caring for them are overworked and tiered. Employers themselves could be held responsible if there are breeches of health and safety at work. If the training is inadequate for manual handling and the use of equipment then employees can be injured. Volunteers are subject to the same requirements under the Health and Safety at Work Act too. Some employee legislation is weakening, yet this act is strengthening in its influence and interpretation. This act also influences health and social care settings for service users. People receiving the service need to be sure that the building is a safe place to be. They can be vulnerable and dependent upon the staff and the work environment for their safety. This is a huge responsibility and the law reflects the magnitude of this. In schools, children have been known to of ‘gone missing’ or walked out. Relatives need to know that their children or siblings are being constantly monitored and that freedom and independence is balanced with health and safety procedures. The second act I will be looking at is the Data Protection Act 1984. This act introduced basic rules of protection of people’s personal information. ‘The Data Protection Act 1984 introduced basic rules of registration for users of data and rights of access to that data for the individuals to which it related’. http://www. out-law. com/page-413. It was designed to protect individual’s personal information from being passed on to other people, also known as confidentiality. ‘The purpose of the Act is to protect the rights and privacy of individuals and to ensure that data about them are not processed without their knowledge and are processed with their consent wherever possible’. http://www. soas. ac. uk/infocomp/dpa/policy/overview/ The principles of the Data Protection Act include: obtaining and processing data fairly, ensuring accuracy and relevance of information and taking effective measures to prevent unauthorized access to data. Individuals have the right to be told if a third party holds information about them, obtain a record of that information, and require correction if necessary. The Data Protection Act was reviewed in 1998; this newer act gave employees the right to see their personal records. This act was again reviewed in 2000 to include computerised data. For employees, this act ensures that their personal information can only be accessed by their employee and themselves. This protects the employee from hassle from third parties. For employers, this act prevents them from selling person information of there employees to third parties. However, this can be breached, but only on a need to know basis such as for public or individual safety and if the information is needed by a court order. In health and social care, the Data Protection Act protects service users/patients details being passed on to anyone unnecessary. However, their details may need to be passed onto other professionals if they are under the care of more than one health or social care professional. If the information is shared between these professionals, they understand that it will not be used apart from where it is needed. An example of this would be a school and carers or social workers. The school would need to know what situation the child is in and then they can adequately safeguard him/her. It may be that one parent is not allowed contact with their child. This keeps all involved safe. ‘Where information is shared, there is an implied understanding that the information will not be used except where it is strictly needed to help the professional provide the service’.

Ancient Egypt’s Comparison with Mesopotamia

Ancient Egypt’s Comparison with Mesopotamia Ancient Egypt’s farming system compared with Mesopotamia Ancient Egyptians had an easier life compared to the other ancient civilizations because of their reliable agriculture system. Geography played a big role, especially in farming. Due to geography, Mesopotamia and Egypt had different farming methods, weathers, environment, and flooding seasons. In fact, Egypt’s great farming system led them to have better conditions to farm than Mesopotamia because of flooding, the rivers and irrigation and the farming tools that they used. Economy, crops, flooding, and the weather varied between Mesopotamia and Egypt. Geography, flooding seasons, different farming tools, and methods led Egypt to have a better agriculture system than Egypt. The difference between geographies, which includes the environment, was the main factor that the farming was different in Mesopotamians and Egyptians. Flooding influenced farming in Mesopotamia and Egypt. However, flooding helped Egypt but it influenced badly in Mesopotamia. Egypt is settled on the world’s longest river, the Nile, which flows from south to north because of the geography of land. Unlike Mesopotamia, Egypt had a predictable flooding seasons. Farmers, knowing when to expect floods, were able to schedule growing seasons around when crops needed water. Not only did flooding help with good timing with farming, but it also provided rich soil from the flooding. The Nile River floods between June and October (Louis, and Jennifer). After floods, there would be a fertile land along the river which Egyptians used to plant and grow things such as fruits and vegetables (Gill, 29). Flood played a big role in farming and growing crops in Egypt. On the contrary, growing crops were more difficult for Mesopotamians because of the difference in geography. Mesopotamia had limited natural resources because of the unpredictable floods (David, 117). Farmers had no prediction when it was going to flood, which gave the farmers hard times finding the right season to farm. Unlike Egyptians, Mesopotamians lived in the city-states which were based on farming and trade. The city-states were a group of small cities which needed unity with one the other. Also, they were isolated from one another geographically and so the independence of each city-state became important. Farming played a big role in city-states. However, Egypt did not have a good environment, especially the flood was the main problem. Floods destroyed villages and took many lives (David, 121). The floods sometimes caused rivers to change courses and due to this farmers had a lot of trouble with crops. Sudden floods forced Mesopotamians to create an organized agricultural sys tem to help them with farming and growing crops. Mesopotamia was very dry, hot and had little rainfall. Farmers had hard time finding water for their crops. Farming was hard for Mesopotamians due to the hot weather and bad environment conditions (David, 122). Flood was not the only cause of having different farming system, but also due to using different tools and farming methods. Using different tools in farming and farming in different environment such as soil and weathers led Mesopotamia and Egypt to harvest different crops. Egyptian grew a lot of crops due to good weather and soil. Egyptian farmers grew crops such as wheat, barley, vegetables, figs, melons, pomegranates and vines (Barrow). Also, they grew flax which was made into linen (Barrow). Out of all the crops that the Egyptian farmers harvested, the most important crop was grain because ancient Egyptians used grain to make bread, porridge and beer (Barrow). Moreover, grain was the first crop that they grew after inundation. Once the grain was harvested, they grew vegetables, such as onions, leeks, cabbages beans and lettuce (Barrow). Crops differed between Mesopotamia and Egypt because of the environment, but also due to the different tools that they used to farm. Ancient Egypt ian had simple farming tools such as winnowing scoops, hoes, rakes, flint-bladed sickles and ploughs (Barrow). Farming methods, and tools also took a big role in Egypt to have a reliable farming system. Moreover, Egypt was geography isolated by deserts, mountains and seas which allowed their crops to grow well. Mesopotamia had only few crops to grow due to the geography and flooding which influenced the Economy. Due to unpredictable floods, Mesopotamians did not know when to farm. For some farmers, when it was time to harvest, flooded unexpectedly and swept away all the crops. However, the farmers raised few crops which were grains, fruit, vegetables, and barn yard animals. One of the methods that the farmers used was by filling the containers with seeds. Cows would pull plow seed and the seeds would go into the ground (Louis, and Jennifer). Mesopotamian people invented the seeder plow, which enabled farmers to carry out the tasks of seeding and plowing at the same time. The plow created a long, narrow trench made in the ground as seed was dropped into a funnel (Gabriel). The Mesopotamians further enhanced the technology of the plow by learning how to use ox to power it (Gabriel). There were few farming methods, however, Mesopotamia did not have enough methods than Egypt (Louis, and Jennife r). Due to the lack of farming methods, the Mesopotamian farmers hand harvested most crops. Because of the unpredictable flood, and lack of farming tools and methods, Egypt had a better profit in crops and had developed farming system. Along with the farming methods and tools, Mesopotamian and Egyptians were both influenced by geography (McIntosh, 56). Egypt, irrigation led to an increased food supply and helped water dry lands with streams, canals, or pipes. Due to irrigation, farmers could plan for the seasonal flooding. Nile River played a big role in farming because the river provided silt whenever there was a flood, so Egypt was ready for flood and they did not have to worry about the right time for farming. Also, after floods, there would be a fertile strip along the Nile River that was about 12 miles wide (Louis, and Jennifer). Moreover, this benefited the soil, due to this they had rich fertile soil which was good for farming. Not only good fertile soil land, but also the economy boosted. Farmers had a lot of profit due to growing crops. Crops were able to boost the economy because of irrigation. This increased food supply, fertile lands, canals, pipes, and farmers suffered less. Due to Egypt’s geogr aphy, economy boosted because of crops. On the other land, Mesopotamia had hard time with their economy because of their geography. Mesopotamia depended on Tigris and Euphrates Rivers, however, they sometimes brought unpredictable floods (Wallenfels, 28-29). Unlike Egypt, Mesopotamia was overwhelmed with a large amount of silt. This silt was a constant cause of problems in the manmade irrigation systems (Grigg, 22). Not only the silt was the problem, but also the salt was the problem. Right below the surface of where Mesopotamia was, there was a large cluster of salt deposits. This high saline content of the soil made farming in Mesopotamia much more complex and difficult than it was in Egypt. Also, any time the irrigation waterways were not able to be maintained, a lack of the large food would result. Due to the salt deposit and overload of silt caused a decline in economy and crops in Mesopotamia (Grigg, 21). Above all, Egypt had better and suitable environment to grow crops which developed their farming skills as well as their economy. Also, there were many farming methods and tools which led them to grow more crops, and no longer had to do hand harvested crops. Egypt’s distinguished geography, farming methods, and farming tools helped to set them up to be more advanced and outstanding society than Mesopotamian civilization. Works Cited Bertman, Stephen. Handbook to Life in Ancient Mesopotamia. New York: Oxford UP, 2005.  Print. Cline, Eric H., and Jill Rubalcaba. The Ancient Egyptian World. New York: Oxford UP, 2005.  Print. David, A. Rosalie. Geography of Ancient Egypt. Handbook to Life in Ancient Egypt. New  York: Facts On File, 2003. 117-22. Print. Louis, and Jennifer. Farming and Agriculture of Egypt and Mesopotamia. Farming and  Agriculture of Egypt and Mesopotamia. N.p., n.d. Web. 06 Feb. 2014. Roaf, Michael. Mesopotamia and the Ancient Near East. Arlington, VA: Stonehenge, 1992.  Print. Wallenfels, Ronald. World Eras, Volume 8: Ancient Mesopotamia, 3300-331 BCE. Detroit: Gale,  2004. Print. Gill, Vernon Dale, Tom (1974). Topsoil and Civilization, University of Oklahoma Press. Grigg, D.B, (1974). Agricultural Systems of the World. Cambridge University Press. Jacobsent, Thorkild (1982). Salinity and Irrigation Agriculture in Antiquity, UndenaPublications. Leonard, Jonathan Norton, (1973). The First Farmers, Time Life Books. Louis, and Jennifer. Farming and Agriculture of Egypt and Mesopotamia.Farming and Agriculture of Egypt and Mesopotamia. N.p., n.d. Web. 06 Feb. 2014.

Equity and social justice in the teaching and learning of mathematics

Equity and social justice in the teaching and learning of mathematics Equity and Social Justice in the teaching and learning of Mathematics Equity and Social justice are important issues in Mathematics teaching. This essay explores the relevance of how Mathematics Education may be a necessary factor in determining the social justice of a childs upbringing, and consider how equity can be used to ensure an education that is fair in its opportunities for all children to achieve progression in their learning. Social Justice in Mathematics Education Watson has confidence that all children are capable of learning ‘significant Mathematics given appropriate teaching. She believes that there is a ‘moral imperative that children are educated well in Mathematics in order to ‘realise the full potential of the human mind and that there is empowerment when a child realises that they can enjoy learning Mathematics.It is a matter of ‘social justice to teach Mathematics to all children as their achievement in the subject is judged throughout their life and can participate in determing future prospects. Grades achieved in Mathematics can affect future studies and career paths. For example, to enter university, usually a minimum of grade C GCSE Maths is required, and this requirement varies depending on the course. In Mathematics, setting is used to group pupils according to their ability and students are entered in for an exam tier depending on what set they are placed in, which determines the maximum grade they can achieve. Usually in secondary schools, the sets are formed in year 7 or in year 9 after SATs and these sets rarely change and so even if individuals make progress over the years before sitting the GCSE paper in year 11, it does not make a difference as the maximum grade that they can achieve will not reflect their capability. Only a maximum of grade D can be attained in the lower sets.(Day, p. 165) As a result, children in these sets will not be able to go to university, may not get into a particular course or will have to take their GCSE Mathematics again at a later stage, rendering their first grade D useless. This seems unfair for the lower setted students, whose full potential may not have been realised and who surely deserve the chance to achieve a higher grade if they are abl e to progress over the year. Every Child Matters A UK government initiative programme called ‘Every Child Matters has the aim of helping ‘every child, whatever their background or circumstances, to have the support they need to be healthy, stay safe, enjoy and achieve, make a positive contribution, and achieve economic well-being.The idea behind this scheme is that all institutions that affect a childs life work together to create a stable and supportive environment for their development educationally and socially. The education institutions aim to help a child achieve mathematical learning but also try to develop mathematical learning and thinking on a wider level, supporting all areas of life.(website 2) The question to be asked is if setting in mathematics classes really contributes towards that aim or, more likely, hinders it? Setting by ability Mathematics teaching is in two forms; mixed ability teaching, where all students learn together, or setted classes, where students are split into groups in terms of ability level. Higher sets are taught more advanced Mathematical concepts, topics and skills as they are thought to have the potential and basic knowledge to understand it. The lower sets are taught more basic Mathematics and at a slower pace to allow them enough time and practice to learn and understand and so their learning and depth of Mathematics is restricted. Students are entered for a GCSE Mathematics exam paper appropriate to their level, depending on what set they are in. However, lower sets can only achieve grades D-G which are not usually accepted as being high enough to enable the student to study further and may prevent them from studying a particular course. In this way, the GCSE examination itself is split into tiers, with only the higher sets being allowed to attain ‘good passes of grades A*-C.(Archer, Hutchings and Ross, 2003, p. 139) There are many questions concerning the fairness of such an arrangement. As students in lower sets would not have covered the content that would be examined in the higher tier, it is not appropriate to enter them for the higher or intermediate tier. Therefore, as a result of mathematics setting, ‘those in lower sets are less likely to be entered for higher tiers, consequently harming their future study and job opportunities. Also, some children have an advanced grasp of Mathematics due to an advantaged background, parents help or private tuition. This could mean that setting is unfair as it is biased towards early developing children or those who have been given extra help outside of the classroom. My experience In secondary school, even after attaining Level 7 in year 9 SATs, I was put in set 2 as set 1 was full. This meant that I was entered for the GCSE Mathematics intermediate tier which only allowed me to gain a maximum of grade B. After scoring over 95% in two of the module exams and discussions between my parents and teacher, I was allowed to move into set 1 as my achievement was higher than those who were already in set 1 so it was unfair to restrict me from sitting the higher paper and having the chance of getting an A. As the higher set moves at a faster pace as it has a bigger syllabus to cover, I had to spend 3 months catching up on work that I had missed. In the end, I ended up with an A* in GCSE Mathematics and studied a degree in Maths. This proves that higher achievement is possible, if given the opportunity. Advantages of setting by ability The ex-Prime Minister, Tony Blair, agreed with setting children by ability. He states: ‘The modernisation of the comprehensive principle requires that all pupils are encouraged to progress as far and as fast as they are able and that ‘Grouping children by ability can be an important way of making that happen. The main advantage of separate ability grouping is that all students get the chance to learn at a pace suitable for them and they are not distracted from students of a different ability level with different educational needs. With setting, students are only given the work that they are capable of completing otherwise it could harm the childs confidence and self-esteem levels, resulting in dissatisfaction and frustration for both pupils and teachers, class disruption and lower attendance levels. Alternatively, people argue that mixed ability groups are more productive for all students. Evidence from research suggests, ‘all pupils gained socially from working in wide ability groups because, ‘such groupings allowed pupils from a wide variety of backgrounds, as well as abilities, to work together, strengthening social cohesion. Disadvantages of setting by ability There is a big question of authority about who can decide on appropriate setting in the first place, and how? In schools, the setting system is supposed to be purely based on ability level. However, in reality, streaming could be decided upon for other reasons. For example, two areas of prejudice encountered can be social class and ethnic dimensions.Bartlett, Burton and Peim point out that often ‘lower class pupils were deemed to have a lower intellectual ability than middle class peers purely due to unrelated social issues such as accent or parents jobs.Sukhnandan and Lee (1998) comment on the fact that lower-ability sets consist of a high number children from low social-class backgrounds, ethnic minorities, boys and children born in the summer, who are at a younger age for their school year. (website 1) Harlens study (1997) suggested that ‘teachers with substantial experience of teaching mixed ability groups frequently used whole class methods inappropriate to mixed ability groupings and that teachers retained largely fixed views of ability and intelligence.(Capel and Leask, 2005, p. 155) A clear disadvantage of setting is that children can be stuck in one set for years and are then branded as holding a set ability for the rest of their education. (Ollerton, 2002, p. 264) Setting prevents children from mixing with other ability levels in the classroom environment, giving them an unrealistic expectation of future life and general working environments. The problem of self-esteem is an issue for the lower setted pupils, who feel dejected that they are perceived as having weaker ability. Self-esteem is also an issue for higher setted pupils, who can be ‘developmentally damaged in a different way by their high set ‘over inflating their self-esteem. Sukhnandan and Lee believe that setting in this way causes ‘social divisions. (website 1) Self-esteem is essentially important for children in learning Mathematics. If a child has lowered self-esteem they could convince themselves that they are not bright enough to understand and so underachieve due to their negative attitude. Equally, high self-esteem in Mathematics can make a child overly-relaxed and over confident causing them to slack. Research has shown that setting pupils has ‘a direct impact on the pupils perceived mathematical competenceand children can be affected psychologically about what they can or cannot do and learn. A student who is setted is ‘branded and this branding can affect the students perception of themselves and others peoples perceptions and judgement of them. Gender Issues Boaler points out that setting children by ability can cause anxiety about exam performance among the more able pupils and underperformance, in particular, from girls. (Boaler, 1997) Boaler suggests this underperformance is due to crumbling under the pressure which affects girls more than boys because girls have ‘a tendency to lack confidence.Ollerton supports this idea that setting by ability ‘creates the conditions for under-achievement, a view also believed by Boaler and William (2001). Another issue of children being streamed based on their achievements and not on their potential means that ‘underperforming, very able pupils and pupils who are hardworking and perform well on tests can easily be placed in the same achievement group.Indeed, an able pupil who is underachieving would be placed in a lower set than their ability should demand, whereas a lower ability pupil who has the ability for performing well under pressure in exams could be placed in a higher set than their natural ability would normally allow. In a similar way, behaviour could also cause unfairness in setting as boys often mess around in the classroom but perform well in exams. They could be placed in a lower set due to their bad behaviour and lack of attention, but their ability in Maths could be worthy of a higher set. Research shows, for boys in particular, that ‘the set they were in reflected their behaviour more than their ability.Girls tend to do better in communicative tasks and enjoy writing more than boys who ‘often dont enjoy â€Å"writing up† courseworkand research conducted has shown that girls tend to do better in coursework compared to exams whereas boys do not do well in coursework but perform well in exams. Modularisation in Mixed Ability Teaching The main concern in a mixed ability class is for the teacher to decide what to teach and how to teach to a wide spread of abilities, which is still a concern in a setted class. Sukhnandan and Lee (1998) comment that a modular approach would benefit a mixed ability class. They suggest that schools should try to teach pupils in relation to their individual needs rather than streaming by general ability, with equity in teaching more easily achieved ‘through greater modularisation of the curriculum, an increased emphasis on independent learning and improved library and information technology resources. It seems that ‘what goes on in the classroom and ‘the teaching strategies used, is likely to have more impact on achievement than how pupils are grouped A teachers goal is to encourage progression of learning Mathematics in the classroom for all students. In order to achieve this, Ollerton suggests that this modular approach to teaching Mathematics creates the feeling of having a fresh start to every section of learning, therefore, helping self-esteem as everyone can ‘embark upon a journey to learn, say trigonometry. This progressive idea challenges the view of the hierarchical structure of mathematical learning, (Ollerton, 2002, p. 266) where everyone can start at the same level. Differentiating Teaching Content Tomlinson comments on the importance of differentiating the content of a Mathematics lesson in a mixed ability classroom. She points out that this includes adapting ‘what we teach and modifying ‘how we give students access to what we want them to learn.Giving different ability level students different tasks appropriate to their ability is differentiating what they are learning. Tomlinson explains that giving students, of higher ability, time to read part of a text on their own while taking time to go through the text with the lower ability pupils separately differentiates their access to learning as they are learning the same thing in different ways, appropriate to their ability level. (Tomlinson, 1995, p. 72) It appears that Mathematics would benefit from an approach that considers differentiation in what is taught rather than how it is taught. Some Mathematical concepts would be too difficult for some children to understand, so the teacher must differentiate between the content suitable for the weaker students from stronger students. For example, ‘trigonometry is only introduced to students in higher groups (Boaler, p. 7)   Equal Rights and Equity in Mathematics Education In the context of teaching, the issue of equity is often confused with equality. According to Zevenbergen, ‘equity refers to the unequal treatment of students in order to produce more equal outcomes. This contrasts equality which means ‘the equal treatment of students with the potential of unequal outcomes . For example, students who have disadvantaged backgrounds could be offered extra help to catch up with their advantaged peers in order to hopefully achieve ‘parity in the outcome for all students. The alternative method of equality would mean that all students are given equal treatment and the same opportunities to succeed. However, some students would take more advantage of the opportunities and the results may be more unequal than with an equity programme. Equity programmes are ‘designed to be more proactive and seek to redress differences in prior experiences , whereas equality programmes are more conservative in their approach and acknowledge that some students will achieve more than others. If children are taught in a way that meets their individual needs then justice in education, a prime aim of Every Child Matters, can be achieved. English as a Foreign Language Language competency is an issue for students who speak English as a second language, causing them to underachieve in Mathematics. In order to read text books and understand verbal instructions, students must work within the language of instruction. Educational progress is enhanced depending on whether a students first language is that of their instruction or not.   (Zevenbergen, 2001, p. 15) Mathematics has many words particular to the subject, for example, ‘integral, differentiate, matrix, volume and mass. This can be confusing for non-native English students, as they have to learn new meanings in the context of Mathematics.   (Zevenbergen, 2001, p. 16) The same word can be interpreted in different ways by non-native English students, causing misunderstandings which affects learning. Teachers may find that this lack of language background can make a Maths class very difficult to teach. For example, the words ‘times normally is related to the time on a clock, not to multiplication; the words ‘hole and ‘whole sound the same but have different meanings, in maths meaning a whole number. (Gates, p. 44) Students with language issues may work more slowly or misunderstand questions and hence, be setted at a lower level in Maths, which is clearly unfair. Special Educational Needs (SEN) Children with special educational needs require different teaching methods. Learning disabilities which need to be considered in the maths classroom include dyscalculia, where the child cannot grasp the meaning of number, poor numeracy skills, problems such as Aspergers syndrome and autism, or physical disabilities and sensory impairments. (Cowan, 2006, p. 202-203) For these students, the teacher needs to be aware of using simple and precise instructive language, a clear method of presentation, modified content of difficulty and work structured with reduced quantity. (Cowan, 2006, p. 203) How Equity can mean Social Justice for all Learners It is clear that ‘the tiering of mathematics papers is likely to have an important impact on student development and pupils often ‘make more progress if taught in a higher set rather than a lower set . This means that in mathematics teaching, the same topic should be addressed in a mixed class and tasks can be organised according to needs level. The National Numeracy Strategy (NNS) advises planning a lesson using three stages: pre-active phase, where necessary prior knowledge is identified and presentation planned; interactive phase, where teaching takes place and tasks are worked through, including a plenary at the end summarising the lesson and the evaluative phase, where the teacher reflects on the lesson and on learning successes or difficulties. (Cowan, 2006, p. 59) By following a structured lesson plan, ‘using a range of tasks comprising different levels of difficulty but addressing the same topic or theme within the one class, (Cowan, 2006, p. 212), equity can be achieved for all students of different ability level. In this way social justice is maintained for all students in mathematics teaching and learning. Conclusion The governments Every Child Matters initiative supports the view that equal rights for all children means equal opportunities for all children. It seems that in order to achieve this kind of social justice, every child needs to be given the chance to take an examination paper that allows them to achieve an A grade. In doing this, each child will have an opportunity to go on to further study should their ability and interests allow. Setting by ability not only makes this difficult, but actually increases problems in the classroom, such as damaged self-esteem and under-achievement and can even encourage some prejudice regarding race and class. Setted classes are not necessarily easier for teachers to teach either, as they will still need to differentiate content for different class members. It therefore seems that a strong lesson structure incorporating modularisation and appropriate differentiation in teaching content will provide a more effective environment in which equity can be us ed to maintain social justice in the teaching of Mathematics to children in a mixed ability classroom.

Evita :: essays research papers

Evita Stereotyping is a folly that almost everyone indulges in whether they realise it or not. Of course many try to stop this by educating themselves to be knowledgeable about worldly affairs but one can only equip oneself with so much information in ones lifetime. Cofer talks about the stereotype that follow Latino women no matter where they go. On the other hand, Eva Peron (Evita), portrays how Argentinean women can rise up in life and defeat the stereotype they face. Both Cofer and Evita have conflicting views of how one should beat the stereotype that they face. Cofer feels that education is the best way a Latino woman can oust the stereotype of them being lower class citizens or as being easy. She realises that not every Latino woman has the same educational opportunities as she had and because of the majority of Latino women perpetuating the myth, the stereotype will go on. Many Latino women invite this stereotype to themselves as their behaviour and actions are of the result of their upbringing. Latino women think that it is normal to dress flashily or bare their skin. Their culture allows them to do so as they are protected by traditions and laws of a Spanish/Catholic system of morality. The main rule in their culture is that "You may look at my sister, but if you touch her I will kill you." This system has made Latino women more open and daring. Once they go out of their cultural system, they practice the same actions which often tends to be misinterpreted as being easy. Some Latino women have used this as a way to advance themselves onto higher positions in the world just like what Evita did. These women are not of the majority but almost all Latino women fall into the stereotype of being easy just because of what a few women has done. Evita is a typical example of how a woman can use her physical assets to gain higher positions in the world. Even though she is treated like a saint today, there is still a question of morality on how she has advanced herself. True she gave hope to the lower class but how she went about it is morally wrong. By treating her like a saint, it is almost saying that it is all right to use your body to advance yourself. This is what Cofer is against. She feels that women should prove themselves and get out of the stereotype by using education to advance themselves. Many Latino women fall into the term "sexual firebrand" (348)

The Adventure of Huckleberry Finn :: Essays Papers

The Adventure of Huckleberry Finn In The Adventures of Huckleberry Finn Mark Twain tells the story of an adolescent boy travelling down the Mississippi River with a runaway slave. Huck has staged his death in order to escape his abusive, drunken father and hooks up with his foster mother’s escaped slave. During the adventurous journey Huck discovers many problems with society and civilization as he encounters a variety of individuals, each of whom represent a different problem with the current social order. The pair gets caught up in various ordeals involving the people they encounter. The running theme throughout the book is Huck Finn’s continuing struggle with his conscience concerning his relationship with the runaway slave, Jim, who has grown to be his friend and parent figure. The plot of The Adventures of Huckleberry Finn involves the adventures of Huck and Jim who are on the run. Huck is escaping his drunkard father and Jim is avoiding his proposed sale. Together they are rafting down the Mississippi River, away from civilization and society. Huck has just recently come under the care of his Christian foster mother, the Widow Douglas, who is working to undo his sinful ways and train him in a religious lifestyle. Now, as Huck grows in friendship with the black slave Jim, and they become mutual companions and guardians, he is faced with a moral dilemma. Should he betray Jim’s trust by turning him in to his rightful and legal owner or must he follow his gut feeling that he must help Jim to achieve his personal goal to acquire his freedom, even if this illegal cooperation and stealing of people’s property sentences Huck to an eternity in Hell. Huck thinks to himself, â€Å"I begun to get it through my head that he was most free and who was to blame for it? Why me. †¦. What had poor Miss Watson done to you†¦ that you could treat her so mean?† Huck is filled with guilt and loses sleep over worrying about what he has done. Huck has an opportunity in Chapter XVI to turn Jim in to a bounty hunter but he cannot go through with it and rather saves Jim by lying to the man to keep him at bay. Later, in chapter XXXI, Huck decides to write a letter to Miss Watson, divulging the whereabouts of her slave and even informing her that he, Huck, is not really dead.

Pros and Cons of Outsourcing Essay -- Research Papers, Globalization

Pros and Cons of Outsourcing. 1. Introduction Globalization has lead to increase in international trade and a greater role for multinational corporations. With the rise of globalization many companies are turning to either off shoring or offshore outsourcing. In India and China, companies like IBM, Microsoft, Hewlett Packard, and Novell choose to get services from sub-contractors in these countries or move their development and support jobs there. Outsourcing is to contract out some of company’s activities to a third party company. The company who outsourced and the third party who is going to handle the activities for the company are joined by means of an outsourcing arrangement. This practice became even more popular after the dot-com crash of the early 21st century. As many businesses struggled with cash-flow problems, many investors were leary in investing money in high-tech companies, which many felt were still vulnerable to the dot-com effect. Struggling to do more with less, companies looked for less expensive avenues of development and support. For the United States, Indiaseemed like a perfect resource for these needs since most nationals speak english. A company can hire an engineer in India, for example, for US$10,000 a year where an equally qualified engineer in the U.S. could cost $60,000-$90,000 a year. Outsourcing has been big political issue as highly educated and highly paid IT workers lose their jobs. In this competitive environment, companies have to concentrate on competency and they want to outsource everything to reduce cost so the trend toward offshore outsourcing is increasing. Outsourcing threatens that in future US will not have many technology people. As all the technical work will be ... ...ures/feature.php?wfId=1872298 http://lieberman.senate.gov/newsroom/whitepapers/Offshoring.pdf http://www.iie.com/publications/papers/kirkegaard0204.pdf http://msnbc.msn.com/id/4631368/ http://www.computerworld.com/managementtopics/outsourcing/story/0,10801,78941,00.html http://www.agilemanagement.net/Articles/Weblog/OutsourcingDebate.html http://www.infoworld.com/article/03/12/19/HNoutsourcing2004_1.html http://www.washingtonpost.com/wp-dyn/articles/A36379-2004Mar30.html http://www.iht.com/articles/127188.html http://www.aicpa.org/pubs/jofa/mar2004/miller.htm http://www.wordiq.com/definition/Outsourcing http://www.nysscpa.org/cpajournal/2004/304/perspectives/nv1.htm http://www.nasscom.org/artdisplay.asp?Art_id=1907 http://www.nasscom.org/artdisplay.asp?Art_id=2552 http://www.capgemini.com/adaptive/media/TransOutsourcePOV.pdf

Environment Factors of Nascar Essay

Q1: What micro environmental factors affected the introduction and re-launch of the Toyota Prius? How well has Toyota dealt with these factors? Firstly, the company has spent a lot of money on the re-launch of the new and improved Prius model which is over 40 million dollars. On the same note it was also able to generate a profit represented by a 120% rise in the sales after some time of the re-launch. Starting off with the main objectives of the company to provide a new and technology product to the target market it was able to cover its operating and marketing costs and also make build a profitable customer relationship. Secondly, the agents helped promote the new brand hybrid. Since the company did not want to take any chance for interpretation of the features of Prius, they did not offer online purchase facility to customers. Thus, Toyota hired agents and provided professional training to them to provide maximum customer satisfaction. Thirdly, the company’s main target was those customer who were ‘techies’ and were ready to buy the product at its launch. The company made sure that their focused customers were well informed before the products launch i. e. 2 years before. Then, the company’s marketing strategies also included taglines with emotions which were very effective in its promotion. In summer 2004, the gasoline prices rose so the demand for Prius increases and so did the waiting lists. Toyota tried its best to cover the entire demand but still left some customers unsatisfied. Later on, it overcame this problem by a 33% and then a 100% rise in the monthly production. But the extensive and large scale advertising campaign and strong, overall marketing strategies helped Toyota to gain the competitive edge over them as well as the rest of the smaller rivals. Then, the incentive provided by the government of tax deduction also helped but the increase in the speed limit was a hindrance for Toyota which was also covered by the heavy marketing strategies. Q2: outline the major macro-environment factors demographic, economic, natural, technological, political and cultural that affected the introduction and re-launch of the Toyota Prius. How well has Toyota dealt with each of these factors? The main customer focus of the company was those people who were youngster i. e. belonging to generation Y. so the main focus of the entire promotional activities were the ‘techies’ due to which a major portion of their profits was contributed by them. With respect to the economic factors, the case shows that the customer had enough income to spend on this luxury. This is shown by the fact that the company was able to sell 1800 cars in immediately and also had to raise the monthly production level by 33% and then even by 100% to meet the demand. Toyota is an â€Å"environmentally concerned† company since it had greater fuel efficiency and lower emissions. It also took advantage from the environmental appeal by spending out green seed cars shaped like Toyota’s logo to prospective buyers on Earth Days. The technological factor is explained by the many factors including adding cruise control by some wiring, dashboard display screen, playing video games, installing sniffer, 7-inch energy monitor, a CD player holding 6 discuses at a time and many more. Since the customers favored technological products and had enough knowledge Toyota was able to maintain customer loyalty. Politically, the company received support from the government in the form of tax deductions which helped efficient production but on the same note the speed limit factor acted as a hindrance but was covered by extensive marketing campaigns.

History and Development of Equity Essay

It is key to appreciate, e specificly when rendering older cases on the up unspoiltness of deposes, that in that maintain were, until 1873 in Eng go through with(predicate), devil main appropriate dallys hails of constabularyand flirts of counterbalance. Trust objurgatefulness was a intersection of administrations of fannydor. We for ascertain then look at(i)the meaning of impartiality that is associated with hails of beauteousness(ii)the origins of flirts of dissolvedour (iii) the maturement of the honor of uptakes and places (iv) the transfer of fair playfulness jurisdiction to Canada (v) the current situation of the merger of police and loveliness. II.Objective Be adequate to(p) to describe four different meanings that power be associated with fair-mindedness andthe definition of faithfulness that is important for our purposes. The word truth has roughly(prenominal) different meanings. Lets reckon n early on of thosemeanings and the n focus on the meaning that is important to us in chthonicstanding the honorof trusts. A. fairness as virtue One meaning of the word justness is bazaarness or justice. This is oftenreflected in expressions such(prenominal) as employment honor, requitalment paleness or distrisolelyional rightfulness. pot handle in marchess of what is fair or just that at that place is often considerab leadisagreement as to what is fair or just. This thought of virtue is non the innovation of right that we mean when we speak of what courts of fair-mindedness did. B. justice as Net worth The word comeliness is a corresponding commit to mean net worth. That is, the amount genius retains subsequently on creditors feature been paid. For instance, sh atomic number 18s in a conjunction ar often describedas beauteousness investments. The sh atomic number 18 cargo argonaers atomic number 18 en sty lead to what is left everyplace after thecreditors are paid off. alike, mint s peak of having comeliness in t inheritor dramaturgy.Forexample, a psyche might buy a $400,000 ho mapping by making a $100,000 d feature be hurlment andborrowing the be $300,000 to pay the rest giving the loaner a surety pursuance (orcollateral) in the ho ingestion by way of a mortg years. The $100,000 would be that souls rectitude in the ho employ. If the person were fit to pay off $50,000 on the loan then thepersons equity in the ho implement would rise to $150,000 (i. e. the take account the person would need 2 invested in the ho firebrand custom of net of paying the loaner (or creditor)). The persons equity in theho character would, of course, vary with the market value of the ho usance.This determination of the word equity has its origins in a creation of courts of equity. speak tos of equity positive the conceit of the equity of salvation. To borrow m maveny aborrower often had to provide most form of security interest (or collateral). A greenmethod of doi ng this was to pass along the ratified title to the lender until the debt was paid. The agreement under(a) which the loan was do indispensable the lender to reconvey theattri simplye to the borrower if the debt was paid by a stipulate date. If the borrower failed topay by that date the lender could pass the judicial title to the stead.Often lenders wouldretain the property flat though the borrower was just a day late in paying. mashs ofequity communicate this by yielding the borrower to pay in a reasonable spot of time,often allowing the borrower as untold as several years to perform payment on the debt. This was kn declare as the equity of redemption the near of the borrower to pay off thedebt and get the property support (and thus the value of the borrowers interest (or equity ofredemption) was the value of the property less(prenominal) the amount of the unpaid debt. temporary hookup the equity of redemption was a product of the courts of equity it is still nont he concept, or definition, of equity that we are looking for. C. comeliness as a Corrective to jurisprudence Legal predominates can work injustices in situations that werent judge when the shapewas created. All statutory systems need any(prenominal) mechanism to address this problem. In civil equity of nature systems it is universally a combination of broadly drafted cypher provisions and liberalinterpretation together with a concept of non-binding precedent. In Eng toss off courts ofequity arguably had their origins in the exertion of this corrective to rightfulness function.But as courts of equity developed they developed their own rules that were often rigidlyinterpreted and thus arguably came to no daylong perform this corrective function. D. undedata filed Equities thither are also what are referred to as mere equities. These are defences to juralactions that were created by courts of equity. Consider, for instance, the defence of directoff in the learnting of an assigning. In the 17 th degree Celsius courts of equity developed the concept of assignment. Suppose, for example, A owed B $10,000. B could assign to Cthat regenerate to stimulate $10,000 from A. But suppose that B owed A $3,000 in a separatetransaction.If B had arrogateed the $10,000 from A, A could have set the right to receive$3,000 from off against Bs deal for $10,000 (i. e. allowing A to just pay $7,000). C wassaid to take vitrine to the equities when B assigned to C the right to receive $10,000from A. That allowed A to roll the right of set off against C thus allowing A to just payC $7,000. C would have to anticipate the a nonher(prenominal)wise $3,000 from B. Other mere equities that Ctook subject to would include claims that A might have as defences to Bs claim. Forinstance, A might have claimed against B that the debt arose repayable to duress, mistake,misrepresentation or fraud.A could also assert these defences against C. In other words, 3 C took subje ct to the equities of the situation between A and B. These defences of Awere so- telephoneed mere equities. E. Mait shoot downs definition of Equity The meaning of equity that is germane(predicate) for our purposes is the meaning thatMait prop up gave Equity is in a flash that consistency of rules carry outed by our courts of justice which,were it non for the surgical process of the royal court proceeds, would be administered onlyby those courts which would now be known as apostrophizes of Equity. Equity came to be a body of rules.Here is a simple story that by chance roughlycaptures how this came about. Spo accustoms A and B have devil children, X and Y. One withaling X goes to married person A and asks to closure up beyond the specified bedtime of 800p. m. X repugns that on that point are special circumstances that picky night in opt of beingnessable to endure up beyond the normal bedtime. A says no. The rule, fit in to A, is thatbedtime is 800 p. m. no exc eptions. X goes to teammate B, the established ultimateauthority in the ho commit, and restrains the argument in opt of extending bedtime to 830p. . on the position evening. Spo call B thinks the arguments in favour of extending thebedtime are fair and allows X to stay up until 830 p. m. The neighboring night child Y goes to spouse A to ask for an extension of bedtime beyond the normal bedtime of 800 p. m. Spouse A sticks to the rule of 800 p. m. so Y goes to spouse B. Y specifys arguments infavour of extend bedtime on this fussy night to 900 p. m. The perceptive spouse B(whose perception greatly shortens the story) sees the potential for things to unravelthrough a series of claims for exceptions.Spouse B objectiveizes that some restrictions, orrules, entrust be needed on just when the decisions of spouse A will be interfered with. Spouse A in the story is, of course, intended to be close to analogous to a court of faithfulnesswhile spouse B represents a court of equity. While spouse B, or a court of equity, mightbegin with the simple nonion of doing what is fair, or providing a corrective to thenatural law, eventual(prenominal)ly some rules are created as to when a corrective coordinate will be provided. Thepremier would draft youthful writs for actions in the universals law courts only if by 1350 the vernacularality law courts had begun refusing new writs on the basis that they were non inconformity with the law. This led to to a greater extent than substantial bases for accu sit downions wherelitigants felt they could non get justice in the common law courts. It was in the context ofthese complaints that the premier began playing equity in the sense of a correctivejustice. For example, courts of law at the time took compose inscriptionation of a debt asirrefutable grounds that the debt was owed. ordinarily when the debt was paid thewritten document would be cancelled.Sometimes, however, the document was notcancelled and the lend er would claim again on the debt. Because the written documentwas irrefutable evidence of the debt, the debtor could not prove by other means that thedebt had been paid. The debtor could then file a circuit board with the Chancellor and provideother evidence that the debt had been paid. The lender would then be called upon toanswer a series of questions posed by the Chancellor. If the suspect (the lender) couldnot provide satisfactory answers the Chancellor would make an order telling thedefendant not to implement the taste received from the common law court.This cameto be known as a common cease and desist order. 5 3. Equity Follows the law and Acts in Personam Here one can see a couple of important things about equity. First, equity followsthe law. The Chancellor did not say the common law rule that written evidence of thedebt was irrefutable. That rule remained. thereof equity took the common law as go acrossn andsimply acted in response to decisions of the common law cour ts. This is sometimesreferred to as the rule that equity follows the law. Second, equity acts in personam. Theorder of the Chancellor did not create a publicationive right or a property right.If the Chancellor put in in favour of the plaintiff the Chancellor would make an order against thedefendant. 4. From Ecclesiastic Chancellors to Non-ecclesiastic Chancellors Until the early 16 th nose candy chancellors were bishops, archbishops or even cardinals. They were thus usually teach in Roman law and regulation law (perhaps lendingsome weight to the notion that the law of trusts whitethorn have had its origins in Roman lawand canon law concepts). after the early 16 th vitamin C chancellors were seldom ecclesiastics. By the mid 15 th one C (around 1430) a court of court of court of court of chancery was set up atWestminster. B. Development of the Law of subroutines and Trusts Objectives 1. descent the early form of the use. 2. locate and explain three ways in which the use was employed in its earlydevelopment. 3. respect the non- light of the use and one of the arrive ats of its non- credit rating. 4. shortly dispute the recognition of the use. 5. Discuss the reasons for the edict of Uses and its result. 6. note two word formulas that were used in an attempt to stay off the order of Uses andthe eventual recognition of these formulas. 7. Explain the reason for the passing of the systemize of Wills. . Uses Franciscan Friars, Crusades and the Form of the Use Uses and trusts was an area in which the Chancellor began ontogenesis a body ofsubstantial law. As state earlier, early forms of trusts may have include the concept ofthe use employed by donors to Franciscan friars or by owners of estates going on thecrusades. These early forms of trusts were expressed as conveyances to the use of some other. In other words, X would convey property to A to the use of B (use derivingfrom the Latin term opus, ad opus meaning on behalf of).In sum total to the possible 6 early employment of uses by Franciscan friars or in relation to the crusades, people cameto realize a number of other ways of employing uses to their advantage. 2. Other Ways in Which the Use was Employed a. To vacate the feudalisticisticistic Burdens of contenddship and Marriage For instance, the use could be employed to avoid the feudal burdens of wardshipand marriage. The male heir of a dwell under the age of 21 and the female heir of atenant under the age of 16 became the ward of the captain if the tenant died.The Lord tookthe lucre of the field until the child reached the age of 21 (or 16 in the case of a female)and had the right to determine the marriage of the child. This could be avoided byputting the land in the hands of ones friends, say A, B and C, for ones own use (i. e. Xconveys to A, B and C for the use of X). This way if X died the feudal burdens ofwardship and marriage did not gull to Xs children since X did not own the land (i. e. was no t the legitimately hire tenant). A, B and C were the legally recognise tenantsand it was they who owed the feudal burdens.If A died, however, As children did notbecome wards of the Lord because the rights in the land passed to B and C by right ofsurvivorship. b. To Avoid the Feudal Requirement of Forfeiture for artifice or Escheat for Felony Feudal land law required that the rights to land be chuck up the sponge for treason or wouldescheat to the Lord if the tenant commited a felony. This could be avoided by theemployment of the use since once X conveyed the property to others for the use of X, Xwould no longer be the legal owner (or tenant). thusly commition of treason or a felonycould not result in forfeiture or escheat since X had no property to forfeit. X, however, could still enjoy the profits or use of the land by virtue of the device of the use. c. To Avoid Creditors The use also allowed one to avoid creditors. X would convey to A, B and C to theuse of X. If creditors seek to claim the rights to the land as an asset of X, Xs simpleanswer was that the rights to the land did not belong to X. This was facilitated in theearly days not only by courts of aw not recognizing the use notwithstanding by the fact thatChancellor also did not, in those early days, blot the use. and so X had no legal titlethat the creditors could allow and also had no faithful title that the creditors could claim. d. To Effect Testamentary Dispositions of Land flirts of law held early on that one could not, on ones death, make a gift of landby testamentary longing. This was avoided by impartation the property during oneslife to another for the use of oneself and then, on death, to the use of those to whom onewished to make a gift.In other words, X would convey the property to A for the use of Xduring Xs life and then to the use of Y. 7 3. Non-recognition in Courts of Law or byt the Chancellor The use was not recognised in courts of law. Initially it was also not kno wby the Chancellor. Thus there was no legal mechanism for enforcing uses. It was grownuplya matter of honour and one had to rely on other mechanisms of enforcement phase of thanan order for damages from a court of law. On the other hand, it was the non-recognitionof the use in courts of law that gave it some of its advantages.For instance, theavoidance of creditors or feudal burdens depended on the law not recognizing the cestuique use as having any right or title to property enforceable in a court of law (or even an trusty interest fuckd in the Court of Equity). 4. Subsequent Recognition by Chancellor This reluctance of courts of law to enforce uses led to appeals to the index toenforce the use. Appeals to the might were made on the basis that the King was theresidual source of justice. The King could provide justice where the courts wereunwilling to (or unable to because the complaint did not fall within the recognized formsof action).Initially the Chancellor did not recogni ze the use besides, with an increasingnumber of complaints against faithless trustees, the Chancellor began to recognize usesby about the beginning of the 15th ascorbic acid (in 1420). The Chancellor would make anorder against the feoffee to uses (trustee) to comply with the obligations they had agreedto in favour of the cestui que use ( benefactive role). For example, if A conveyed land to B forthe use of C but B retained the profits of the land to himself C could complain to theChancellor.The Chancellor would call upon B to explain why he had kept the profitsand if he had no peachy explanation then he would be ordered to restore the profits to C(i. e. , what we would now call the remedy of accounting). The right of the cestui queuse was against the feoffee to uses and thus a personal (or in personam right) but later itwas held that these beneficial rights could be enforced against third parties other than abona fide purchaser without notice and thus the right of the beneficiar y came to lookmore like a proprietary (or in rem) right. 5. Later Statute of Uses to Prevent UsesThe recognition of the use by the Chancellor led to an increased employment ofthe use. The employment of the use to avoid feudal burdens led to a reduction in thefeudal rights to Lords, most notably to the ultimate Lord, the King. There was also theconcern that rights created through the use could be created without writtendocumentation (i. e. , orally or by an oral direction to the foeffee to uses). The Kingsresponse was to urge Parliament to pass the Statute of Uses in 1535. This statuteprovided that the person in whose favour the use was made became the legal owner of therights to the land.In other words, prior to the Statute of Uses when X conveyed to A for the use ofB, A was the legal owner of the land but it was to be used for the benefit of B. afterward theStatute of Uses when X conveyed to A for the use of B the conveyance to A was ignored 8 and the whole expression was treated as a conveyance directly to B. Thus B became thelegal owner. So lets go back to the employment of the use by X to avoid the feudal burdens ofwardship and marriage. X conveys to A, B and C for the use of X. This conveyance onlyoperated to convey property from X to himself and thus was no conveyance at all.Inother words, X could no longer avoid feudal burdens by the employment of the use. Xstill had the legal title to the land in go against of the purported conveyance. 6. Ways Around the Statute of Uses As suggested above, the use had a number of advantages. Not surprisinglyattempts were made to recapture its benefits despite the Statute of Uses. It was not long in advance creative ways were found to avoid the effect of the statute. Of the techniques ofavoiding the Statute of Uses perhaps the most important was the employment of a useupon a use.The use upon a use was effected by conveying A to B for the use of C in trust forD or A unto and to the use of B in trust for C. In the first phrase the Statute of Usesoperated to make C the legal owner of the land. But C held the land in trust for D. Courts of law did not recognize the moment use (or trust) since it was hideous to the use selected to C Tyrrels case (1557), 73 E. R. 336. Initially Courts of court of chancery alsoreconsolidated to recognize the second use. Courts of chancery, however,later came torecognize the second use in Sambach v.Dalston (1634), 21 E. R. 164. The effect of this was that the use was restored to its pre Statute of Uses statesimply by the addition of a few words in the form of conveyance. 7. The Statute of Wills One of the advantages of the use was to effect a testamentary disposition of rightsin land. With the regulation of the Statute of Uses, and before the recognition of the useupon a use, the use could no longer be employed to effect a testamentary disposition ofproperty. The apparent abolishment of the testamentary employment of the use was not wellreceived.It led to a rebell ion which resulted in the Statute of Wills in 1540 whichpermitted a person make a testamentary disposition of property. 9 C. Development of Equity and Trusts After 1550 From Conscience toEquity Objective curtly describe the development of Equity and trusts from 1550 to 1700. 1. maturement Popularity of Courts of Equity and Conflict with Courts of Law The early simplicity of procedure in chancery courts made them popular. Thenumber of matters brought before the court of chancery in the 16 th hundred grew significantly. This led to competition between court of chancery and common law courts.Judges in common law courts did not like the common injunctions issued by Chancerycourts. In Finch v. Throgmorton in 1598 3 Bulstr. 118 the validity of commoninjunctions was referred to all the judges of England and were articulate by them to beinvalid. Lord Chancellor Ellesmere keep to issue common injunctions. Lord coulomb,who became honcho justice of the Court of Kings Bench in 1613, crit icized commoninjunctions claiming that the tendency of courts of equity to re-examine common law popular opinions and to issue orders against the enforcement of common law judgments tendedto subvert the common law.In Heath v. Ridley in 1614 2 Cro. 335 Lord one C broughtthe issue to a head when he refused to accept a common injunction issued by LordEllesmere. The King ruled in favour of Lord Ellesmere and Lord Coke was laterdismissed from office. 2. Courts of Equity Survive the genteel War and Removal of the Monarchy After the English Civil War in the 1640s and 1650s Parliament voted in favour ofthe abolition of the court of chancery (in part because of its close association with themonarchy) but the House could not agree on legislation to transfer chancery jurisdictionto the common law courts.Thus the court of chancery survived through to the restorationof the monarchy. 3. Seventeenth Century Developments Equity as a Body of significant Law By the late seventeenth century the ro le of Chancery was expanding with suss out overwardship and the development of fiducial guardianship, the equity of redemption, andassignment of choses in action. In other words, the court of chancery was developing itsown substantive law. The court was applying equity as a body of substantive law ithad developed and was less the court of conscience it had been in the past.Many developments in equity came to be reflected in the common law itself oftenthrough legislation (e. g. Statute of Wills), but sometimes by common law courtsborrowing concepts from equity. The development of reporting of Chancery decisionsafter 1660 contributed to the development of a body of principles of equity. By the endof the seventeenth century the court of chancery had developed concepts such as the equity ofredemption and the assignment of choses in action. 10 The way the trust was being used was also changing.By the late 17th century thetrust was being used not just to hold property but to manage prope rty by giving trusteeswide powers to manage the property, cleanse it, mortgage land, pay off debts, provideincome for widows and dependants, prepare children, etc. D. Equity and Trusts, 1700-1900 Disaffection, Reform and federationObjective Briefly describe the development of Equity and trusts from 1700 to 1900. There were developments of equity in the 18th century. Equity was the mainsource of protection of copyrights and trademarks since these could be protected throughthe equitable remedy of injunction. Equity was becoming more and more a body ofsubstantive law rather than just a parade of equitable maxims. The 18 th century also saw the development of of the military control trust in part inresponse to the blather Act of 1720 that had prohibited an early predecessor to thecorporation referred to as a joint nisus company (which was really a large partnership). Trusts in the 18 th century increasingly took the form of a farm animal of investments, such asstocks and bonds, that the trustee would administer for the benefit of others rather thanbeing used primarily for the prop of land.However, growing adjectival complexity caused the court of chancery to becomeincreasingly slow and inefficient resulting in a reduction in cases. The Chancellor dealtwith all cases directly. Proceedings were done by way of written interrogatives followedby written depositions in response. Copies were made for all parties and werehandwritten by law writers. Fees were paid instead of salaries which gave personsinvolved an incentive to draw out proceedings. The slow process was remarked on by aToronto lawyer (Skivington Connor) in 1845 concerning the process of the court ofchancery in Ontario at the time, Thats the barter I like, the pace slow and dignified, the pay handsome, and agentlemanly understanding among practitioners to make it handsomer. There was some response to the slow pace of the court of chancery prior to the enactmentof the Judicature Act of 1873. In 18 13 a vice-chancellor was appointed. A Court ofAppeal in Chancery was created in 1851 and the Court of Chancery was given powers touse juries to try facts. Similarly in the 19 th century common law courts were given powers to grant injunctions and admit equitable defences.Thus there was somemovement toward amalgamation of courts of law and courts of equity. Eventually the Court ofChancery was abolished in 1873 and the common law courts took over the administrationof both the common law and equity. 11 III. HISTORICAL DEVELOPMENT OF EQUITY IN CANADA Objectives Be able to in brief skin senses the history of the exercise of equitable jurisdiction in the Atlantic lands, Ontario, Quebec, the West and the northeastward. The reception of equity jurisdiction in Canada varied from province to province inthe eastern provinces.The timing of the declaration in and creation of most of the westsideernprovinces was in the latter part of the 19 th century when the merge of courts of law and cou rts of equity was already being considered in England. A. Atlantic Provinces In Nova Scotia the Governor, as Keeper of the nifty Seal, exercised equityjurisdiction (as early as 1751 when the first bill in equity was filed). This approach wasextended to Prince Edward Island and young Brunswick when these colonies were created(in1769 and 1784 respectively). In Nova Scotia matters were decided on the advice of acouncil until 1764.In 1764 three know in Chancery were appointed to assist theGovernor. Initially these Masters in Chancery were not legally trained but by later in the19th century legally trained masters of the rolls were appointed in Nova Scotia, NewBrunswick and Prince Edward Island. The group meeting of law and equity jurisdiction occurred in New Brunswick and NovaScotia well before the enactment of the Judicature Act in England in 1873. In NewBrunswick in 1854 and in Nova Scotia in 1855 the position of master of the rolls wasabolished and equity jurisdiction was transfer red to the despotic Court.The merging ofcourts of law and courts of equity in Prince Edward Island did not occur until 1974. Newfoundland did not follow the model of the Governor workout equityjurisdiction. Instead equity jurisdiction was exercised by the Supreme Court and thispractice was later codified in 1825 (almost 50 years before the merging of courts of lawand courts of equity in England). 12 B. Ontario and Quebec Quebec Equity jurisdiction lasted only briefly in Quebec. From the Royal Proclamationof 1763 the Governor of Quebec sat as Chancellor until Quebec Act of 1774 restored thecivil law system to Quebec.Ontario Governors in Ontario, curiously, refused to exercise equity jurisdiction. It hasbeen suggested that this may have been due to printing press from lenders since without theexercise of equity jurisdiction there would be no equity of redemption in favour ofdebtors. Eventually pressure from debtors mount and a legislative form of equity ofredemption was adopted. Th e establishment of a Court of Chancery followed shortlyafterwards in 1837. This may have been in response to pressure from lenders again.Thelegislature having created a legislated equity of redemption for borrowers, the lendersmay have wanted to have the corresponding right of foreclosure which was also adevelopment of equity cutting off the right of redemption after a reasonable period oftime. The Ontario Court of Chancery was later abstracted into High Court of Ontario in1881. C. The West and North When courts were being established in the west and north the move towardsunifying courts of law and equity was well advanced. Thus when courts were establishedin these jurisdictions they were given jurisdiction over both law and equity.It was,however, the practice in Manitoba and British Columbia to have divisions of the courtwith a division administering law and another division administering equity with theusual restrictions on courts of law not being able to give equitable remedies. Later thesedivisions were abolished (e. g. , in Manitoba in 1895). 13 IV. FUSION Objectives Be able to (i)Distinguish between procedural and substantive concepts of conglutination. (ii) interpret an example of the potential practical effect of the distinction. (iii) Briefly discuss the current status of the debate over the optical fusion of law and equity.A. Procedural vs. Substantive Fusion What did the Judicature Act in England in 1873 do? Did it merge the rules employ by courts of law and the rules apply by courts of equity into a ace body oflaw? Or did it simply allow for court proceedings to be started in one court that hadjurisdiction to apply rules of law and rules of equity without any formal merging of thetwo bodies of rules? In other words, did it provide for substantive fusion or proceduralfusion? Substantive fusion means that the rules of law and equity are merged into a singlebody of rules.Procedural fusion means that one can apply to a single court undermentione d asingle court procedure and that court could administer both rules of law and rules ofequity and apply remedies of the sort that were formerly available in all a court of law(e. g. damages) or a court of equity (e. g. injunction, specific performance, accounting). The disagreement is often captured by the Ashburners Principles of Equity (London Butterworths, 1902) so-called fluvial metaphor The two streams of jurisdiction, though they run in the same(p) channel, run side byside and do not mingle their waters.In that metaphor law and equity are perceived as two separate streams (courts) that cometogether (in one court). Ashburners instruction using the fluvial metaphor says that thefusion was procedural only. In other words, the two streams came together but the watersof the two streams (rules of law and rules of equity) did not intermingle but ran side byside in the same channel (i. e. could be applied by the same court). In the metaphorsubstantive fusion is perceived as an int ermingling of the water from the two streams intoa single integrated stream.The Judicature Acts dealt with some areas of conflict and provided a general rulethat where rules of law conflicted with rules of equity the rules of equity were to prevail. Cases Walsh v. Lonsdale (1882) United Scientific Holdings v. Burnley Council, 1978 A. C. 904 (H. L. ) 14 Fusion resulting in equity prevailing over common law or was it in fact common lawprevailing over equity LeMesurier v. Andrus (1986) Ont. C. A. B. An sample of the Practical Legal Effect Canson Enterprises Ltd. v. Boughton 1991 3 S. C. R. 534 In Canson Enterprises Ltd. . Boughtonthe plaintiff had purchased land and thenbuilt a warehouse on the land. The warehouse was naughtily damaged when thesupporting piles began to sink. The plaintiff successfully sued the engineers but theyturned out to be judgment proof. The plaintiff then sued its canvasser who had made a secret profit from the purchase of the land. They claimed that as a sc rutineer the solicitorowed them a fiduciary employment not to make a secret profit from a transaction in which thesolicitor was acting on behalf of the plaintiff as purchaser.That claim was based onprinciples developed by courts of equity which had long held solicitors to owe fiduciaryduties to their clients and had force on the fiduciary duty principles they had developedin the context of trustees in stage setting out the scope of a solicitors fiduciary duties. The defendant solicitor claimed that while he would be required in equity toaccount for the profit he had made he would not be liable for the damages to thewarehouse (which were much greater than the secret profit) because his secret profit didnot ause the sledding to the plaintiff from the damage to the warehouse. The plaintiff arguedthat since the claim for breach of fiduciary duty was a claim in equity principles such as remoteness, mitigation, and causation which were principles developed by courts of law,did not ap ply. In other words, the plaintiff was tell that there was procedural fusiononly. If a claim was based on principles that had been developed in courts of equity thenthe applicable rules were only those drawn from developed by courts of equity not thosedeveloped by courts of law.C. The Current Status of the Fusion Debate A majority of the Supreme Court of Canada held that there was no real distinctionbetween damages in a common law claim and equitable stipend in a claim unfairness and thus common law concepts of remoteness and causation could be used inassessing the remedy. In other words, they did not stick the solicitor with the fulldamages to the warehouse. Madam Justice McLachlin, as she was then, felt that theresult could be reached on equitable principles with respect to equitable compensation.Neither the majority judgment nor the judgment of Madam Justice McLachlin make itclear whether law and equity were substantive fused or merely procedurally fused. Theyboth seemed to fe el that the exercise of common law principles and equitableprinciples in the point case were consistent so their was no need to draw on commonlaw principles into an equitable claim. However, Madam Justice McLachlin did note thatwe may take wisdom from where we find it, and accept such insights offered by the lawof tort, in particular deceit, as may prove useful. It thus appears that where there is aconflict one the court will resolve it with broader policy considerations. 15One should thus be alert to the potential differences between rules of law andequity and how they may impact the result but also be ready to argue for a particularresult from a policy scene (much as the plaintiffs did in Canson by lean that toensure that fiduciaries are held to high ethical standards they should be strictly liable forall losses streamlined from a breach of duty).