Thursday, November 28, 2019

Thelonious Monk Quartet with John Coltrane at Carnegie Hall free essay sample

From the smoothest lines to the screeching, racing notes that resonate like a flock of geese overhead, John Coltrane’s sax has always mesmerized listeners. Forty years after his death, he and the Thelonious Monk Quartet still have a best-selling jazz album. John Coltrane, who emerged as a timid yet strong sideman in the early 1950s and went on to become one of the most influential jazz musicians of the century, always learned from those with whom he played. On this newly released album, the interaction between two of the greatest players of all time is heard: pianist Thelonious Monk and saxophonist John Coltrane. To understand this album, one must know when and why it was recorded. In 1957, after Coltrane was released from the Miles Davis’ Quintet for heroin use, he teamed up with Thelonious Monk. Clean, revitalized and ready to jump back into the music scene, Coltrane learned from Monk and transformed his style in a matter of months. We will write a custom essay sample on Thelonious Monk Quartet with John Coltrane at Carnegie Hall or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page He moved away from his early â€Å"cool† sounds to the wild Coltrane style of â€Å"Giant Steps.† Discovered recently in an unlabeled box in the Library of Congress, this album is the only recording of the Thelonious Monk Quartet with Coltrane that has quality sound. On it we can hear Monk’s multitonal effects influence on Coltrane and the daring leap he was forced to take by playing Monk’s complex songs. This concert is a landmark in jazz history. The first set opens with a solo piano intro to â€Å"Monk’s Mood,† presenting a familiar Monk sound: spare notes, cascading, dreamy scales, and jagged chords that stick out like nails. Next, Coltrane steps in with a clean and beautiful sax, helping with an extended intro. As soon as Shadow Wilson and Ahmed Abdul-Malik enter with bass and drums, the remarkable tightness of the band is evident; each musician learns and plays off the other. They then move into â€Å"Evidence,† a much faster song. Coltrane is able to utilize his speedy solo method, introducing the basis of his â€Å"Sheets of Sound† style. He runs up and down his notes like a staircase, then levels the tune back down for Monk’s solo. A great cut of â€Å"Epistrophy† is played, along with a memorable â€Å"Sweet Lovely† in which Monk plays his superb sax and then accelerates into a zippy tune carried by Coltrane’s explosive solo. This new release is not only a must-have for any serious jazz listener, but a great pick for anyone looking to enter the genre. It can only be hoped that another gem like this will be discovered. . J

Sunday, November 24, 2019

An Overview of Hydrogen essays

An Overview of Hydrogen essays Hydrogen is the first element on the periodic table. It has only one electron and one energy level. Having only one proton and one electron causes it to be very light in weight. The British scientist Henry Cavendish is given credit with discovering hydrogen in 1766, but studies show that German-Swiss alchemist Paracelsus in the 16th had handled it first. It gets its name from the words hudÛr, meaning water, and gennan, meaning generate, thus giving it water generator. It was named this because of Cavendish's experiment where he combined oxygen and hydrogen. Hydrogen is a colorless, odorless, tasteless gas (at room temperature) and highly explosive. It if the least dense gas known to man. Only about 1.9 mg dissolves in a liter of water at 0Â ° C. Its classification is a non-metal. Hydrogen has a hexagonal crystal structure. The melting point of hydrogen is 14Â ° K and the boiling point is 20.28Â ° K. The atomic mass of hydrogen is 1.00794 amu. Because it has only one electron, it will react very quickly and, in many cases, violently. To see for yourself combine hydrogen with fluorine. Hydrogen has three isotopes. The first is H-1, Protium, which is stable. Protium makes up 98% of naturally occurring hydrogen. The second is H-2, Deuterium, which is also stable. Deuterium makes up 1.99% of naturally occurring hydrogen. The third is H-3, Tritium, which is radioactive. Tritium has a half-life of 12.3 years. Tritium makes up about 0.001% of naturally occurring hydrogen. Hydrogen has numerous uses, the most common of those are balloons, metal refining, and production of electricity. Some of those uses are dangerous. The Hindenburg is a prime example of the unstable state of hydrogen. Another example of just how dangerous hydrogen is the thermonuclear bomb. Developed under the name of the Manhattan Project during WWII, the bomb proved both useful and devastating. They are estimated at being able to kill about 75,000 people instantl...

Thursday, November 21, 2019

How does buying a cup of coffee from Starbucks affect the environment Dissertation - 2

How does buying a cup of coffee from Starbucks affect the environment - Dissertation Example Starbuck’s, use of non –recyclable cups of synthetic nature can pollute the planet greatly and can cause irreversible damage to it. Starbucks being a huge food chain have captured the coffee market globally by taking on the increased demand of coffee lovers. They also maintain their good will by means of powerful advertisement they display in the international business arena. This coffee chain have spread over much part of the globe and have influenced people many people in buying their product , as it is assured to be the best and perfect in the market. This coffee chain has attempted to take action to make it products eco – friendly, but was not successful in its efforts. Seven stores of Starbucks in Manhattan have launched a cup-recycling program in collaboration with Global Green USA’s Coalition for Recovery in an effort to reduce the usage of non – recyclable in their coffee chains (Mohan ,2009). Much of the countries on global level, are facin g natural adversities because of the extreme exploitation and pollution of the nature. Even though the governments and legislations of various developed and developing countries create strategies and plans to implement environmental protection, less can be seen in action.

Wednesday, November 20, 2019

Issue of health & food Annotated Bibliography Example | Topics and Well Written Essays - 500 words

Issue of health & food - Annotated Bibliography Example Akineymi intelligently shares insights on how one can regain their health by applying right eating patterns. In spite of the health complications facing human beings, the author provides a framework that a person can embrace when working towards regaining their health. Essentially, it is important to appreciate the fact that some of the complications that arise due to the food we eat occur because we do not have the right information regarding the foods we eat. As such, the author focuses on the foods as well as the aspect of choice and its overall impact on our overall health. The author captures the potency of words when it comes to the diets we eat. As such, the author reiterates the role and impact of our feeding patterns especially concerningour overall health. The author shares important factors such as self-esteem, the importance of emotional awareness, the value of morality and the general perspectives aligned to what we eat. The reader gets a clear understanding of the importance of investing in knowledge and information especially when it comes to the individual choice of food. In the end, Asamoah shares some valuable insights on how one can benefit from an array of foods depending on their psychological orientations. Barrows shares on how a diet works within a specified timeframe. However, it requires an individual to take deliberate and informed steps when it comes to the choice. The type and nature of effects that you will experience during this process depend on several factors. The author captures some of the factors that influence or determine whether you will be successful or not. In a compelling and captivating fashion, the author shares factors to consider when choosing the right diet. The main theme of this book is on the individual freedom when choosing a diet. Minich, Deanna M. Chakra Foods for Optimum Health: A Guide to the Foods That Can Improve Your Energy, Inspire Creative Changes, Open Your

Sunday, November 17, 2019

Nursing Theory Website Paper Research Example | Topics and Well Written Essays - 500 words - 1

Nursing Theory Website - Research Paper Example eferenced have provided links to nursing journals and nursing books that contain up to date information on nursing theories and which are valid resources that can be used in a research paper. There are an endless number of books and journals with nursing information about all the nursing theories which have been published. It is not possible to know the number of books and journals but they are many from different companies and researchers. Some of these journals and books require to be purchased in order to access the whole journal or book other than just abstracts and excerpts but there are others that are free. The currency of the journals and books also ranges from the most recent once published in even year 2012 to those published long time like in the 80s and 90s. The biggest hindrance is that the best and most recent journals are not available and accessible to everyone as they are for sale and not for hire limiting the number of readers. The theories provided in these websites have limited detailed information and only highlight the main points and arguments of the particular nursing theories. With such limited information, the theories are only good for nursing education and not any other form of nursing practice. In the nursing education, they are applicable to only provide mere guidance and awareness of the theory but further research in other websites, journals and books is needed if the information is for research paper. New students to nursing education can however benefit a lot from the knowledge of the specific nursing theories available and in which particular areas of nursing each theory is applicable to. In all these three nursing websites, the most discussed theory in a bit more detail and has many other resources such as journal websites and books attached to it is the Florence Nightingale nursing theory. The reason for paying more attention to this particular nursing theory may be because of the major influence Nightingale had on nursing

Friday, November 15, 2019

Movement of Goods and Freedom of Establishment Policies

Movement of Goods and Freedom of Establishment Policies INTRODUCTION In an examination of the various freedoms that are protected by the European Convention (EC), there are two that have provoked at different times praise and criticism, champions and conquerors. This paper will analyse that the roadmap that has been followed by the European Court of Justice[1] while interpreting EC Article 28[2] and EC A43[3]. Before splitting the discussion between free movement of goods and establishment, it is important to lay the foundation by an overview of the federalism debate that is natural to the EC and to Europe in general. The federalism question concerns the division of jurisdiction, power, and authority, between the central body (in this case the EC) and the individual states that are part of the central body. As the EC has developed, various autonomies have diminished. The ECJ is acknowledged as supreme, and Woods[4] notes that the court has expanded the Treaty into areas that were not envisaged originally, for example in Commission v Council[5]. The purpose of this paper then is to analyse the relationship between establishing a common market and respecting the autonomy and policies of individual states in the context of movement of goods and freedom of establishment. LEGISLATION? Craig[6] raises and interesting point with regards to the litigation on these points. In an effort to get true harmony, the simple solution would have been to issue Commission legislation which would have compelled the states to harmonise their laws. Craig blames the lack of speed in the Community for this failure, a situation which raises the question of the effectiveness of the courts as an adjudicator in this battle. While the ECJ do have jurisdiction, the decisions which will be examined presently have fluctuated as different times bring different concerns. The case-by-case approach is one that should surely be addressed by a legislative rather than a judicial body. Regardless of the lines that the courts have developed, there is surely a strong argument that they were not the right body for this job. It is important to understand what the individuals would be interested in gaining from the relationship. It is fair to say that the goals enumerated in the EC Treaty indicate that the Commission would want the maximum control in order to establish a common market, free of barriers. For the state, it cannot be expected that they will retain full autonomy; that would have been a sacrifice made when signing the treaty. The ideal situation though would be sufficient autonomy to be able to regulate so as to protect the interests of their constituency. WPJ Wils[7] summed this up in his article as â€Å"partial integration† which was described by him as the â€Å"pragmatic approach reconciling the desire for integration with the desire for government intervention†. The best alternative would be a clear and concise set of rules from the ECJ which would enable them to know for certain what they are and are not permitted to do; though this would be a poor substitute for the previous scenario. FREE MOVEMENT OF GOODS The EC Treaty is based in a large part around the development of a concept of a common market. A crucial aspect of this is the free movement of goods, with the apex being a market where there are no barriers and goods are sold in exactly the same conditions and situations in states a, b, and c. On the other hand, the states argue that to further the individual causes of their state, the national government must have the power to regulate, at least to a certain degree, the movement of goods. This section will deal first with Article 28 which sets out the boundaries of the intervention; it will then proceed to deal with Article 30 which addresses the interests of the member states. Intervention of the federal government. Article 28 states that: Quantative restrictions on imports and all measures having equivalent effect shall be prohibited between Member States. By itself this Article poses more questions than it answers; as such the interpretation of the ECJ is crucial. The attitude of the ECJ has been inconsistent when drawing the federalist line, although on certain points they have remained consistently pro central governance. The limited consistencies In Geddo v Ente Nazionale Risi[8] the ECJ took a broad view as to the nature of a quantative restriction, including â€Å"measures which amount to a total or partial restraint† of trade. Since Geddo[9], this has not been questioned, and it remains a firm foundation against the influence of national governance. Likewise, it has never been seriously doubted that the second part of Article 28 addressed measures that had equivalent results (MEQRs) and that national intervention could be struck down if the court deemed them to be an MEQR. The only question has been what constitutes an MEQR and this was largely resolved by Directive 70/50 which in Article 2 outlined the possible legislation that might constitute an MEQR. Discriminatory measures: national intervention rejected. On one point, it can be stated that the ECJ has awarded an overwhelming victory to the central government. This is where the restriction has a discriminatory element to it; for example in Commission v Italy[10] imported cars were compelled to go through a rigorous registration procedure. This was struck down as being a discriminatory restraint of trade. Likewise the court has struck down attempts by a state to promote domestic goods or efforts at price fixing. Indeed this analysis of the strict application to discrimination is included for three purposes only. First, to emphasise the first victory against state intervention. Second because of Commission v Ireland[11] where the court were content to ignore the prima facie pleadings of Ireland and examine the substantive result of their self interest promotions. Craig[12] points out that this is the theme which the ECJ have followed. The third reason is the indication that, not content with giving the central government a points decision, the ECJ have attempted to land a knockout punch. In Openbaar Ministere v Van Tiggele[13] the ECJ said that if a non-discriminatory attempt to fix prices affected even a single product adversely, the law would breach Article 28. The effect of this case is to throw down the gauntlet to states and make the dedication to an open market even more convincing. There is one way for the state to save a measure; by utilising Article 30. This provides that prohibitions can be saved on the grounds of public morality, public policy, public security, health and life, protection of national treasures, and protection of industrial and commercial property. On the face of this article, it seems to belay the earlier statement of victory for the common market. States have found though that utilising the article has major difficulties. Firstly, the courts have declared that the state has the burden of proof (Openbaar[14]). Secondly, as a general principle the list is exhaustive and cannot be added to over time Non-discriminatory measures In reality, it is hardly surprising that the ECJ has reacted strongly against discriminatory measures; the real battle ground has been measures that are applicable to both domestic and foreign goods. While A28 makes no mention of any requirement of discrimination, the Dassonville case obiter noted in paragraph 5 that there should be no need for discrimination in order to be caught by A28. Far from being simple, this field has been where the battle has been most fiercely fought. Cassis de Dijon In Rewe-Zentrale AG v Bundesmonopolverwaltung fur Branntwein[15] Germany invoked a rule that liqueurs were required to have a certain alcoholic content (regardless of nationality). The ECJ developed the Dassonville obiter to apply A28 to national rules that do not discriminate. Fundamentally, the ECJ summed up the approach in paragraph 14(4) by stating the principle of mutual recognition. Once a good is lawfully marketed in state x, it should be lawful to market it in any state in the bloc. This is a huge leap from Dassonville, a leap which on its face renders a national power helpless in the face of potential consequences. Craig notes[16] that in one step the ECJ places the states â€Å"on the defensive†. It can even be stated, and this paper contends, that this does not reflect the extreme state of affairs. An analogy can be drawn with company law in the United States. With no federal control, the states engaged in a race to attract companies to their shores. Delaware prevailed by offering such laws as provide minimum governance and convenient laws. The result has been that the companies have flocked to Delaware. The result of Cassis is that were one state to create a lenient set of laws, any product that passes muster should be accepted in every other member state. This ‘Cassis control’ leaves states not on the defensive, rather defenceless. Is there no limit to the ‘Cassis control’? This bleak state of affairs is not though one of total disaster. Cassis applies only so far as the ECJ rules that the boundary extends. The crucial term is what â€Å"affects the free movement of goods†? Weatherill and Beaumont[17] emphasised the potential for domination by listing a number of hypothetical situations where irrelevant regulations could be viewed as having a marginal effect on trade. The path the court has taken has been to draw a distinction between dual-burden rules where a product has to satisfy the rules of both state a and b, and equal-burden rules which apply to all goods after they have entered the country and so would not have been applied to the goods before. Cassis clearly governs the former; the crucial question is whether it also applies to the latter, for if it does then the national legislatures may as well take a white flag to the next European summit for their battle will be truly lost. The difficulty is that the court has been ambivalent on the issue with the court in Obel[18] stating that the cases were outside A28, while in Cinetheque SA v Federation Natioanle des Cinemas Francais[19] the court ruled that such a regulation could be within A28. The court it seems has resolved the matter in Criminal Proceedings against Keck and Mithouard[20]. The ECJ followed the initial article by E White[21], who contended that under the application of the article and to retain needed autonomy for the national legislatures, all equal-burden regulations should be outside the ambit of A28. On the face of it, this appears to be a boost for the states. Indeed, this would appear to grant back to the states the freedom and autonomy to regulate in this area, so long as the regulation applies to the characteristics of the goods and is not a regulation of the type that the goods would have had to satisfy in their original state. This though is not the complete story. The first point is that the decision in Keck[22] received a great deal of criticism, from scholars, practitioners and judges alike. While this doesn’t affect the decision, it has led to uncertainty in applying Keck[23]. The result has been that a new question has been raised as to what the courts meant when permitting regulation as to sale arrangements. A typical example comes from Societe d’Importation Edouard Leclerc-Siplec v TFI Publicite SA[24] where advertising was seen as a method of sales promotion and so outside the article. Meanwhile, in Vereinigte Familiapress Zeitungsverlags- und Vertreibs GmbH v Heinrich Bauer Verlag[25] the court held that because there was an effect on the product, it was within the ambit of A28. The opening section considered the range of scenarios from the perspective of the state, from ideal to least desirable. It is clear that the current jurisprudence provides the tae with neither the autonomy that it needs to protect the interests of the state, nor the certainty which would be needed in order to determine what the state may and may not regulate. Conclusion In conclusion what can be said about the line drawn by the courts? There is no doubt that the courts have used Dassonville as a launching pad for an assault on the autonomy of the member states. The only beacons of light for the state are the Keck authority, which has already been weakened by Gourmet and by academic criticism, and the policy exemptions which as has been discussed above will be interpreted strictly by the courts. The overwhelming conclusion must be that the line has been drawn in favour of the common market. FREEDOM OF ESTABLISHMENT The second element of the EC Treaty is the section concerning the freedom of establishment pursuant to Article 43. This goes hand in hand with freedom of movement, with the distinction that it applies to the right of individuals to maintain a permanent or settled place of business. Once again, the dispute at issue here is the battle between policies and a common market. It is conceivable that individual states may have concerns about allowing free establishment. Issues such as promotion of domestic small businesses and potential concerns about lack of qualifications are all issues which states may wish to regulate. This section will determine how the ECJ has reconciled these rights with the goal of a common market. In many regards there are parallels with free movement of goods and A28, as the crucial battle lines have been drawn over measures and regulations that are non-discriminatory. However, as before, the starting point must be those regulations that discriminate against new arrivals. Discriminatory tactics: any point at all? Unlike free movement of goods, the answer to this question is implicit within A43. The second paragraph clearly and explicitly states that an individual has the right of establishment â€Å"under the conditions laid down†. This was confirmed by the General Programme[26] which detailed the requirement that restrictive laws be removed. The point therefore is clear; the state may not discriminate against individuals entering the state for the purpose of to establish themselves as a company or in self-employment. Non-discriminatory measures? On a first reading of the article, the implication seems to be that non-discriminatory measures will pass muster. Indeed, the second paragraph states that the right must be acknowledged â€Å"under the conditions laid down for its own nationals†. Given the strict approach that the courts have taken in other cases though, it is worth examining whether they have held true to this definition or have developed it, much as they did with Dassonville in the area of free movement of goods. The early authorities appeared to bode well for the national authorities; in Commission v Belgium[27] the Advocate General stated that there was no need to analyse the question of proportionality because the law was non-discriminatory. A close analysis of this decision is not needed to iterate the importance of it. As long as a state could convince the ECJ that their law applied to everyone, they would still be able to control the establishment within their country. While they would be restricted, they would at least have a wide range of options open to them, and could exercise these options while retaining their autonomy and moulding them based on the needs of their constituency. The fight however, soon began to turn, at least with regards to the initial intervention of the ECJ. In Ordre des Avocats v Klopp[28] the court struck down a French law which applied to nationals and non-nationals alike. This could be excused, as the French law prevented the lawyer from holding a second office within the Community, which provided another ground to strike the law down. Nonetheless, the decision would have been troubling for the defenders of states rights and policies. The volte face was confirmed in Gullung v Conseil de l’Ordre des Avocats[29] when the ECJ ruled that a non-discriminatory law could be struck down if not sufficiently objective. Just as the Belgium case was significant for the states, so this was for the common market. Regardless of the overall result following a determining of objectivity and state policy, the decision meant that the court would investigate the reasons for the regulation. This by itself was a strike against the states autonomy and ability to self-govern. The hits just keep on coming for state’s rights. In the next section, there will be a discussion on the defences that a state can raise, indeed they are similar to those discussed for free movement of goods. Before that though, the ECJ has provided one last marker to further encroach on the states right to regulate. In Van Binsbergen v Bestuur van de Bedrijfsverenigning voor de Metaalnijverheif[30] the court ruled that upon finding a non-discriminatory restriction to fall within A43/59 (the test was originally used in the context of free movement of services but has been extended to establishment) the state will have to show that it can be objectively justified in pursuance of a public interest. On the one hand this is a positive step for the states as the ECJ is recognising their right to regulate under certain circumstances. The difficulty is that not only is an objective standard required, a standard that will judge the state not merely on what is best for that state, but also that the ECJ was prepared in Van Binsbergen[31] to hold that the measure was not sufficiently tailored to the particular aim of the regulation. For a state attempting to hold on to autonomy, this is arguably the worst possible result, to have the ECJ making recommendations about internal legislative functions. The other complication with this proportionality test arises from the complications for a state in assessing the likelihood of prevailing at the ECJ. Even on the question of what constitutes proportionality, the case law has mushroomed into a determination of the various factors that need to be taken into account. In Criminal Proceedings against Webb[32] the court made a list of factors that would be taken into account, including whether or not a similar test existed in the individuals home state. The re-claiming of territory lost As with free movement of goods, there are exceptions which the states can attempt to fit their regulations into. Once again, the enumeration of these in the Treaty (Articles 46 and 56) is both a blessing and a curse. On the one hand the court can at worse apply them strictly; they cannot remove the right to a defence from the members. On the other hand, the ECJ have used the enumeration to state that the at least for discriminatory measures, only those enumerated defences may be utilised (Bond van Adverteerders v Netherlands([33]. There is one area that the ECJ has deemed sacrosanct. A55 states that the rules on establishment are null and void when related to â€Å"the exercise of official authority†. In Reyners v Belgium[34] the ECJ held that this had to be related to sovereignty and† majesty† of the States. Unsurprisingly the states have seized on this to try and hit a metaphorical home run by forcing as many measures through this loop-hole. It is possibly because of Luxembourg’s wide ranging approach to the Reynors[35] case that the ECJ drew the narrowest possible interpretation emphasising that simply because a profession exercised some official duties, the entire profession could not be exempt. The official purpose exception may still be invoked but it will be an exception rather than the rule. In passing it should also be noted that the states do have some rights reserved to the. Under A43 there is express mention of the non-appliance of the article to citizens of that nation. Although the ECJ have wavered on this point, in Ministere Public v Auer[36] the ECJ held that the ‘foreign’ qualification was crucial. Thus there is nothing to prevent state a denying rights to their own citizens that to any other states citizen would be in breach of the article. This is likely to be a pyrrhic victory given that few states will have any desire to hinder their own citizens. Last chance saloon The final chance for the national authorities to claim some of the territory in this battle is with the ability to derogate that is contained in A46(1). The texts, in particular Barnard and Craig, set out the individual case law for each of the exceptions. This section simply focuses on the general approach in an effort to ascertain how helpful the derogation powers are to the national authorities. The first benefit that the states have is that it is not merely the ECJ who have commented on the derogations. Directive 64/221 Article 2 sets out the guidelines that must be followed. While the states may have hoped for more sympathy from the Commission than they received from the ECJ, they will have been disappointed. The articles merely set out a number of restrictions, including the point that the states cannot use it merely to further their own economic agendas. Indeed, the situation for the States is so unappealing that Craig emphasises (at788) that there is â€Å"little scope for manoeuvre†¦by the Member States†. Possibly the most illustrative case in this area is Van Duyn v Home Office[37] where the UK convinced the ECJ that they should be allowed to derogate in the case of an individual who was entering to work for the Church of Scientology. The ECJ ruled that it was irrelevant that the practice of this religion was not universally condemned. While this might encourage states, they would have been concerned by a later part of the judgement where the court emphasised that had she merely been a member the derogation would not have been permitted. In many ways this was typical of the ECJ’s approach to these case; advancing the cause of the States one step and with the same movement moving them two steps back. Equally illustrative was Bonsignore v Oberstadtdirektor der Stadt Koln[38] where the court took the sizeable stride of stating that past criminal convictions may not be enough to derogate from the articles. It I fair to say that this would frustrate any official in a State who would find that their hands were being tied, not on n integral international level, but on the basic and fundamental needs of national security. CONCLUSION The first conclusion is, and has to be that no definite answer can be given. As long as the federalism debate is answered by the ECJ and not the Commission, the answer will depend on the date of the cases and the environment at that particular time. It can be said though that regarding both free movement of goods and freedom of establishment, any regulations that are deemed to be discriminatory will be prima facie void and that it will be exceedingly difficult to persuade the court of the need for the regulation. Regarding non-discriminatory regulations, the situation also looks bleak for national policies with Cassis in particular emphasising central dominance. There are chinks of light within the Treaty itself and within parts of the ECJ jurisprudence. Overall though the path that the ECJ is taking leads in one direction only, and either they or the Commission will eventually minimise national policies to the point of virtual insignificance. Possibly the most clinical analysis can be found in Usher at 83 when he writes: It can hardly be denied that the Community now exercises considerable substantive powers which the Member States no longer exercise or lay claim to exercise- the exceptional cases being so infrequent as to be regarded as a major crises. BIBLIOGRAPHY BOOKS Barnard C‘The Substantive Law of the EU’ The Four Freedoms 1st Edition Published by Oxford Press Burrows F‘Free Movement in EC Law’ Published by Oxford Press Craig P /De Burca C‘EU Law, Text, Cases, and Materials’ 2nd Edition Published by Oxford Press Levasseur A‘The Law o the EU, A new Constitutional Order’ Published by Carolina Academic Press Rometsch D (edited)‘The EU and member states. Towards institutional fusion?’ Published by European Policy Research Unit Series Usher J‘EC Law and National Law. The Irreversible Transfer?’ Published by George Allen Woods L‘Free Movement of Goods and Services within the EC’ Published by European Business Law Library ARTICLES- GOODS Dirks K‘The Market Citizen: Economic Integration and Citizenship in the European Union’ Columbia University, 2005, http://www.columbia.edu/cu/polisci/pdf-files/dirks.pdf Gormley LW ‘Cassis de Dijon and the Communication from the Commission’ (1981) 6 ELev 454 Pitiyasak S‘Free Movement of Goods Within EU’ (17/12/2005) http://members.tripod.com/asialaw/articles/saravuth.html Steiner J‘Drawing the Line: Uses and Abuses of Article 30 EEC’ (1992) 29 CMLRev 749 Weatherill S‘After Keck: Some Thoughts on how to Clarify the Clarification’ (1996) 33 CML Rev 885 White E‘In Search of the Limits to Article 30 of the EEC Treaty’ (1989) 26 CMLRev 235 Wils WPJ‘The Search for the Rule in Article 30 EEC: Much Ado About Nothing?’ (1993) 18 ELRev. 475 ARTICLES- ESTABLISHMENT Lonbay J‘Picking over the bones: Rights of Establishment Reviewed’ (1991) 16 ELRev 507 The General Programme (1961) OJ Spec. Ed. Second Series IX O’Keefe D‘Practical Difficulties in the Application of Article 48 of the EEC Treaty’ (1982) 19 CMLRev 35 CASES- GOODS Case 22/70 Commission v Council [1971] ECR 263 Case 2/73 Geddo v Ente Nazionale Risi (1973) ECR 865 Case 154/85 Commission v Italy (1987) ECR 2717 Case 249/81 Commission v Ireland (1982) ECR 2717 Case 82/77 Openbaar Ministere v Van Tiggele (1978) ECR 25 Case 120/78, Rewe-Zentrale AG v Bundesmonopolverwaltung fur Branntwein (1979) ECR 649 Case 155/80 Obel (1981) ECR 1993 Cases 60 and 61/84 Cinetheque SA v Federation Natioanle des Cinemas Francais (1986) ECR 2605 Cases C-267 and 268/91- Criminal Proceedings against Keck and Mithouard (1993) ECR I-6097 Case 412/93, Societe d’Importation Edouard Leclerc-Siplec v TFI Publicite SA (1995) ECR I-179 Case C-368/95, Vereinigte Familiapress Zeitungsverlags- und Vertreibs GmbH v Heinrich Bauer Verlag (1997) 3 CMLR 1329 CASES- ESTABLISHMENT Case 352/85, Bond van Adverteerders v Netherlands (1988) ECR 2085 Case 2/74, Reyners v Belgium (1974) ECR 631 Case 221/85, Commission v Belgium (1987) ECR 719 Case 107/83, Ordre des Avocats v Klopp (1984) ECR 2971 Case 292/86, Gullung v Conseil de l’Ordre des Avocats (1988) ECR 111 Case 136/78, Ministere Public v Auer (1979) ECR 437 Case 33/74, Van Binsbergen v Bestuur van de Bedrijfsverenigning voor de Metaalnijverheif (1974) ECR 1299 Case 279/80 Criminal Proceedings against Webb (1981) ECR 3305 Case 41/74, Van Duyn v Home Office (1974) ECR 1337 Case 67/74, Bonsignore v Oberstadtdirektor der Stadt Koln (1975) ECR 297 1 Footnotes [1] ECJ [2] Formerly A30 [3] Formerly A52 [4] ‘Free Movement of Goods and Services within the EC’ at 2 [5] Case 22/70 [1971] [6] ‘EU Law, Text, Cases, and Materials’ at 582 [7] ‘The Search for the Rule in Article 30 EEC: Much Ado About Nothing? [8] Case 2/73 (1973) [9] ibid [10] Case 154/85 (1987) [11] Case 249/81 (1982) [12] ibid n4 at 588 [13] Case 82/77 (1978) [14] ibid [15] Case 120/78 (1979) [16] ibid n4 at 607 [17] ‘After Keck: Some Thoughts on how to Clarify the Clarification’ [18] Case 155/80 (1981) [19] Cases 60 and 61.94 (1986) [20] Cases C-267 and 268/91 (1993) [21] ‘In Search of the Limits to Article 30 of the EEC Treaty’ [22] ibid n20 [23] ibid [24] Case 412/93 (1995) [25] Case C-368/95 (1997) [26] (1961) [27] Case 221/85 (1987)

Tuesday, November 12, 2019

Violence in Sports :: Sports Violence

Violence is defined as the use of excessive physical force, which causes or has obvious potential to cause harm or destruction to an individual. Violence in sports comes in many forms, and divides into social and cultural factors related to the sport ethic, gender ideology, the dynamics of social class and race, and the tactics used in sports. Violence in sports has gone too far because sports violence has become so severe in sports, that players are injured each years. However, in sports some violence has become entertaining for the fans and fans would begin their own violence around with other fans that support opposing teams to win. The violence in sports can cause severe casualties from collisions to concussions that may result in long-term mental or physical damage. There are many casualties of violence and collisions/concussions in professional sports. The first common type of violence is body contact. The brutal body contact includes physical practices common in certain sports and accepted by athletes as part of sport participation. Examples of brutal body contacts in sports are collisions, hits, tackles, blocks, body checks, and other forms of physical contact that can produce injuries. In the NHL a hockey player on the Vancouver Canucks named Todd Bertuzzi hit unexpectedly a player on the Colorado Avalanche named Steve Moore from behind and then fell on him and pushed his head into the ice. Steve Moore received a concussion and he was motionless for ten minutes, and also fractured three vertebrates and facial cuts on Steve Moore’s face. The commissioner suspended Todd Bertuzzi for giving a blind-side hit to Steve Moore. He was suspended for 20 games and forfeited his salary which was approximately $500,000. Steve’s injury was a career-ending injury which ruined his opportunity to play in the NHL with the Colorado Avalanche. Another type violence in sports which is the quasi-criminal violence this includes practices that violate the formal rules of the game, public laws, and even informal norm between players. Examples of quasi-criminal violence are cheap shots, blind-side hit, and flagrant fouls that endanger player body and reject the norm calling for dedication to the game above all else. In the NFL, a linebacker in Pittsburgh Steelers named Jerome Harrison; he made a tackle that is a great example of brutal body contact. His tackling towards other football players sometimes involves cheap hits like the head to head contact. The football players could be injured on the field and the result could lead to a concussion. Violence in Sports :: Sports Violence Violence is defined as the use of excessive physical force, which causes or has obvious potential to cause harm or destruction to an individual. Violence in sports comes in many forms, and divides into social and cultural factors related to the sport ethic, gender ideology, the dynamics of social class and race, and the tactics used in sports. Violence in sports has gone too far because sports violence has become so severe in sports, that players are injured each years. However, in sports some violence has become entertaining for the fans and fans would begin their own violence around with other fans that support opposing teams to win. The violence in sports can cause severe casualties from collisions to concussions that may result in long-term mental or physical damage. There are many casualties of violence and collisions/concussions in professional sports. The first common type of violence is body contact. The brutal body contact includes physical practices common in certain sports and accepted by athletes as part of sport participation. Examples of brutal body contacts in sports are collisions, hits, tackles, blocks, body checks, and other forms of physical contact that can produce injuries. In the NHL a hockey player on the Vancouver Canucks named Todd Bertuzzi hit unexpectedly a player on the Colorado Avalanche named Steve Moore from behind and then fell on him and pushed his head into the ice. Steve Moore received a concussion and he was motionless for ten minutes, and also fractured three vertebrates and facial cuts on Steve Moore’s face. The commissioner suspended Todd Bertuzzi for giving a blind-side hit to Steve Moore. He was suspended for 20 games and forfeited his salary which was approximately $500,000. Steve’s injury was a career-ending injury which ruined his opportunity to play in the NHL with the Colorado Avalanche. Another type violence in sports which is the quasi-criminal violence this includes practices that violate the formal rules of the game, public laws, and even informal norm between players. Examples of quasi-criminal violence are cheap shots, blind-side hit, and flagrant fouls that endanger player body and reject the norm calling for dedication to the game above all else. In the NFL, a linebacker in Pittsburgh Steelers named Jerome Harrison; he made a tackle that is a great example of brutal body contact. His tackling towards other football players sometimes involves cheap hits like the head to head contact. The football players could be injured on the field and the result could lead to a concussion.

Sunday, November 10, 2019

Lady macbeth suicide letter

A blade tearing through skin†¦ Unman skin.. Then the color, it was so vivid. As if you were staring at the sun with your bare eyes and they caught fire. And the feeling. Warm, dripping down my hands, seeping into my clothes. I find I am no longer able to walk without slipping on the pools of blood that cover my bedroom floor. There is no escape. Not even in sleep. I was overwhelmed by ambition. Thane Of Castor King The very though made me shake with excitement but now I can only tremble with fear.Your letter announcing you had become THANE OF CASTOR was he spark that lit a flame of my ambition. I love you.. But I'm not the only one falling apart here†¦ You'd be lying if you said you weren't. And us together, were falling apart. We only have catheter to trust however you no longer have trust in me. This path we have chosen.. Its not like we imagined it to me. We loathed power, status and respect. We've received betrayal and hatred. All that's left is the screams of a mother and her children, that wont leave my head.I have sunk into an empty abyss and cannot find anyway out . This depression has taken me as a hostage and no one can rescue me, no matter how hard they try. I don't see a light at the end of this tunnel. I can only hope that in death will find peace. Life here is just no longer bearable. I'm exhausted; this depression has become so insidious that can no longer see my future. You may view me as a coward but believe I am more brave and courageous then 10 Of you combined, so don't you even begin to view me like that. Remember I helped you get here so don't waste it.This isn't the path we had planned for.. But I can only believe my death will help clear it for you. I refuse to live life in fear any longer and the only way to achieve that is by not living. I know you'll understand. Though now it may not shine as bright, promise to keep your ambition lit and don't ever let anyone blow it out. Don't let them see your confidence waver. Until we reu nite in death know that I will never lose my love for you. Its safer to be that which we destroy Than by destruction dwell in doubtful joy.

Friday, November 8, 2019

SBMA organization essays

SBMA organization essays The organization of the Subic Bay Metropolitan Authority (SBMA) was changed several times since it was established in 1992. During the period of 1992 to 1998, the organization exhibit exceptional control features something that the present leadership consciously slowly decentralized during the period of 1998 to 2002. In the same period, SBMA re-organized its structure twice with the second consisting of minor changes as recommended by the Civil Service Commission (CSC) and the Department of Budget and Management (DBM). However, in its effort to share functions, particularly the operations functions, additional layers of administrative levels were added making the complex, even more complex. All the three SBMA organizations had several note worthy features; 1.) the authority of the chairman of the board and the administrator is vested in one person; 2.) several departments reports directly to the chairman and administrator; 3.) there is a layer that separates the administrator and his deputy administrator. In the 1992 organization, this was the chief operating officer (COO) and in the present set-up, three senior deputy administrators replaced the COO; 4.) the administrative groups are a cross mixture of related and non-related departments. In one group, it is typical to have a regulatory department and staff function office; and lastly, in actual operations, some department and divisions do not follow the chain of command. During the 2001 strategic planning session, I had the chance to review in depth the SBMA organization. The objective of the review is to prepare the organization to meet the current conditions and prepare a recommendation should it be necessary. The review opened up many challenges and issues related to the way the organization was structured and organized. We realized that the organization required a thorough organizational development including the restructuring of the div ...

Wednesday, November 6, 2019

Free Essays on So Far From The Bamboo Grove

So Far from the Bamboo Grove So far from the bamboo grove, by Yoko Kawashima Watkins is about two sisters, a brother, and a mother in search of a safe place to live. The first sister, Ko, is a selfish, bratty girl who does not appreciate the good things in life until after they are gone. The other sister, Yoko, is a very strict teenager who is very bossy. Their brother is a man who is trying to earn respect by joining the army, and their mother is a woman who is very respectful and traditional. This story takes place in 1945 in Korea where the country is at war. This family is torn apart by the war and needs to find a safe place to live. The title of this story is significant because the bamboo grove is where this family lived and now they know they must move so far away from it leaving behind all their memories. They move across their land. They even said that they took a boat ride to another place. They moved away to leave the army that was killing people. This is a reason why the title is significant. Another way the title is significant is because they are traveling to different places away from the bamboo grove. They even said that they slept at a train station. They must have been very uncomfortable. They had to sleep on the ground sometimes. That is one of the many reasons the title is significant. The final reason that the title is significant is that they explain how they take a train ride. They slept on the floor with a whole bunch of other people. They said that they were on a train and that they had to watch a pregnant woman give birth to a baby. I know this because the story said that the communist army was looking for them on the train. This is why that the title is significant. Yoko has changed in her journeys through Nanan, Korea to Kyoto, Japan. She has gotten more thankful for the things she has. She appreciates the food that she has, even if she does not like it. She has learned many lessons through her journey... Free Essays on So Far From The Bamboo Grove Free Essays on So Far From The Bamboo Grove So Far from the Bamboo Grove So far from the bamboo grove, by Yoko Kawashima Watkins is about two sisters, a brother, and a mother in search of a safe place to live. The first sister, Ko, is a selfish, bratty girl who does not appreciate the good things in life until after they are gone. The other sister, Yoko, is a very strict teenager who is very bossy. Their brother is a man who is trying to earn respect by joining the army, and their mother is a woman who is very respectful and traditional. This story takes place in 1945 in Korea where the country is at war. This family is torn apart by the war and needs to find a safe place to live. The title of this story is significant because the bamboo grove is where this family lived and now they know they must move so far away from it leaving behind all their memories. They move across their land. They even said that they took a boat ride to another place. They moved away to leave the army that was killing people. This is a reason why the title is significant. Another way the title is significant is because they are traveling to different places away from the bamboo grove. They even said that they slept at a train station. They must have been very uncomfortable. They had to sleep on the ground sometimes. That is one of the many reasons the title is significant. The final reason that the title is significant is that they explain how they take a train ride. They slept on the floor with a whole bunch of other people. They said that they were on a train and that they had to watch a pregnant woman give birth to a baby. I know this because the story said that the communist army was looking for them on the train. This is why that the title is significant. Yoko has changed in her journeys through Nanan, Korea to Kyoto, Japan. She has gotten more thankful for the things she has. She appreciates the food that she has, even if she does not like it. She has learned many lessons through her journey...

Sunday, November 3, 2019

Watson's Caring Theory on Postpartum Disorder Essay

Watson's Caring Theory on Postpartum Disorder - Essay Example The idea is to inform nursing practice and to ensure the best possible care for patients. This paper will explore Jane Watson’s philosophy and science of caring theory. The structure of this paper will begin with the description of the medical condition and is followed by a discussion of the nursing theory and its application. Medical Condition: The Postpartum Disorder The postpartum depression also called as Baby Blues (depending on the severity of the condition) was one of the topics considered for this paper along with other conditions relating to newborn infants. The decision to focus on the disorder stem from the fact that it is quite prevalent but often left untreated or undiagnosed, hence, often misunderstood from the point of view of healthcare providers. Recent statistics show that at least 400,000 women in the United States suffer from postpartum disorder annually and that one in four first time mothers experience the illness (Johnson, 2003, p.141). According to Rose nfield (2006), "after their follow-up gynecologist examination, the only contact most women will have with medical providers during the postpartum year is at their baby's well child examination," and that "the concept of pediatricians screening for postpartum depression has not caught on widely so diagnosis at these visits is unlikely" (p.61). In addition, postpartum symptoms are often considered subclinical, cross-cultural and are associated or misunderstood as other medical and psychological conditions such as "marital dissatisfaction, lack of social support, personality characteristics, family history of depression, and autoimmune thyroid disease" (Cooper, 2007, p.35). So what exactly is postpartum disorder? To illustrate the experience, severity and trends about postpartum disorder, a mother's experience and view is cited below: PPP (postpartum psychosis) was the worse experience of my life... I lost the joy of new motherhood. I lost "me" for the first two years of my daughter's life and even longer to put the pieces together (Twomey, 2009, p.xv). The above account demonstrates the impact of postpartum disorder. This is highlighted by the fact that, for years, the condition has been largely ignored. Today, it is considered and widely known as a mental disease that could endanger the lives of both the mother and the baby. There is no specific or standard definition for postpartum disorder. This is at least true according to the available literature on the subject. There are those who identify the depression experienced by women after giving birth as the basic symptom for the disorder. Out of these, Taeusch et al., (2005) offered a comprehensive definition by explaining that postpartum depression is characterized by "significant distress or impairment in all areas of functioning" that are not medically induced or caused by a loss of a loved one (p.96). Heath further cited that the disorder manifests within 3 to 6 months after giving birth (p.96). Some studie s have recorded longer periods such as the previous example cited by Twomey. Postpartum disorder is classified into several types. The classification, which varies according to researcher or expert, is commonly based on the degree of its severity. For the purposes set by this paper, Ahuja's (1999) classification will be used, which categorized postpartum disorder into three. These are: 1) Type I: Postpartum psychosis also known as brief reactive psychosis; 2) Type II: Adjustment reaction with depressed mood (e.g. postpartum

Friday, November 1, 2019

Monopoly Is against Public Interest Essay Example | Topics and Well Written Essays - 1250 words

Monopoly Is against Public Interest - Essay Example The rigid requirements of pure monopoly make it rare in the real world. It has a number of unfavorable features due to which whenever the government sees that monopolization may occur, they intervene to prevent it or to limit monopolist’s pricing decision. Following is the comparison of different forms of market ATTRIBUTES OF DIFFERENT FORMS OF MARKET Market Form Number of Firms in the Market Frequency in Reality Entry Barriers Public Interest Results Long Run Profit Equilibrium condition Perfect Competition Very many Rare (if any) None Good Zero MC = MR = AC = AR = P Pure Monopoly One Rare Likely to be High Outputs not optimal May be high MC = MR Monopolistic Competition Many Widespread Minor Inefficient Zero MC = MR AC= AR Oligopoly Few Produces large share of GDP Varies Varies Varies Varies Source: Baumol William J., Blinder Alan S., 2007. Microeconomics: Principles and Policy, 10th ed., OH: Cengage Learning. In this table, the attributes of pure monopoly appear to be again st public interest in comparison to other forms of market hence this idea will be discussed in further detail. Monopoly and Public Interest The reason of monopoly of a particular firm might be legal protection such as copyrights, patent or license. There could be higher barriers of entry or distinguished factors of production that are possessed by a particular firm only or economies of scale; higher volume of production make firms more efficient through cost advantage. In such cases, we may say that the firm has a natural monopoly (Braun 2003). Once a firm becomes big enough in comparison to the size of the market of the product, its cost advantage may drive other firms out of competition. In this way, it is the size of the firm relative to the total market demand for the product that creates monopoly of a particular firm. For example, a bank or a petrol pump or gas station located in a rural area may be natural monopolies due to its presence in a location where there is no competit ion (Eisenach, Lenard, Progress & Freedom Foundation (U.S.) 1999). Whether it is pure monopoly or natural monopoly the question arises, what might be the public interest? Theoretically, consumers want to get maximum benefit from their money or want to pay relatively the lowest price to get relatively highest benefit. Consumers also seek higher quality of products and consumption. They also look for a range products and manufacturers. Consumers may fail to rule the market as in monopoly they have only little or no alternatives available. Conventionally, monopoly is considered as a harmful market structure that brings unfavorable consequences to consumers and the economy at large. Competition is always encouraged in the market. The monopoly power of firms threatens the public interest. Monopolistic power is defined as the ability of a firm to earn higher profit by elevating and keeping the price of their products considerably above the levels at which those products would be offered i n competitive market. Firm with monopolistic power always enjoys market dominance irrespective of the fact that they are pricing their products really high as they have no competitors to grab their share of market. The reason that goes against public interest in monopoly is always the higher level