Ann-Marie B. Gunselman Hist. 392 Dr. Tirado 3/27/96 The Impact Of Infe

Ann-Marie B. Gunselman Hist. 392 Dr. Tirado 3/27/96 The Impact of Infectious Disease in the New World "It is often said that in the centuries after Columbus landed in the New World on 12 October, 1492, more native North Americans died each year from infectious diseases brought by the European settlers than were born." (6) The decimation of people indigenous to the Americas by diseases introduced by European invaders is unprecedented. While it is difficult to accurately determine the population of the pre-Columbian Americas, scholars estimate the number to have been between 40 and 50 million people. The population in Mexico alone in 1519 is believed to have been approximately 30 million. By 1568, that number was down to 3 million inhabitants. Although there were other causes for the population reduction such as "alcoholism, warfare, genocide, cultural disruption, and declines in fertility", it is now known that disease played a central role in the depopulation of the Americas. But how is it that these native peoples harbored virtually no immunity to the European diseases? What were these diseases and how did they come to be so feared? Who introduced them to this New World? How did this biological disaster affect the social structure of the Indians? This brief will attempt to answer the preceding questions. How is the presence or absence of disease in the New World determined? Archeologists are able to determine if a society or individual fell prey to disease by examining teeth, bones, coprolites(feces), and artistic depictions. Through the excavations of burial mounds, scientists have discovered that certain afflictions existed even before the white man landed. "Missing limbs, skin diseases, blindness, cleft palate, clubfoot, "dental disease, parasites, arthritis, and tuberculosis are all thought to have existed in pre-Columbian America. However, tracing epidemiology in the 15th century is difficult because so little was done to identify and classify disease s and their symptoms during this time period. One might say that the New World was "ripe" for the onslaught of hitherto unknown diseases due to several demographic shifts prior to 1492. These are parallel to shifts that occurred in Europe such as the creation of large urban areas. Since city planning wasn't what it is today, cities were overcrowded, sewers were nonexistent or inefficient, and disease carrying vermin multiplied. This created a welcome mat for infectious disease in addition to the general uncleanliness of the population and the great number of transient people such as soldiers, students, thieves and the mentally ill. Another factor leading to the assault of disease on medieval Europe was the domestication of large mammals. These animals were the origins of some of the most cursed afflictions of the time. Smallpox is a derivative of cowpox, measles of canine distemper, and influenza of hog diseases. "At first, neither young or old were spared. After generations, suscep tible individuals were eliminated and resistant survivors dominated the gene pool. Diseases went from epidemics to childhood ills." (6) It was in this form that diseases were carried to the New World by unsuspecting conquistadors, to a population that had experienced its' own shifts to largely urban and sedentary lifestyles that become fertile ground for such an unseemly weapon of destruction. "Smallpox made its American debut in 1519, when it struck the Caribbean island of Santo Domingo, killing up to half of the indigenous population. From there outbreaks spread across the Antilles islands, onto the Mexican mainland, through the Isthmus of Panama and into South America." (2) Some of the other diseases that followed this path were measles, plagues(bubonic and pulmonary), gonorrhea(from soldiers raping native women), mumps, typhoid, and cholera. Two African diseases, malaria and yellow fever, also came to Central American probably because of the ideal weather conditions in this regi on. Prior to 1492, the Americas harbored relatively few infectious diseases. It is believed that the New World lived in virtual biological isolation from the rest of the planet due to the absence of domesticated animals and because of the path in which the Indians predecessors traveled. We know from origins of disease in Europe, that domesticated animals were to blame for the start of many epidemics. The New World lacked domesticated animals due to the extinction of large mammals,

Censorship Essays - Cryptographic Software, Cryptography

Censorship Essays - Cryptographic Software, Cryptography Censorship During the last decade, our society has become based on the sole ability to move large amounts of information across great distances quickly. Computerization has influenced everyone's life in numerous ways. The natural evolution of computer technology and this need for ultra-fast communications has caused a global network of interconnected computers to develop. This global network allows a person to send E-mail across the world in mere fractions of a second, and allows a common person to access wealths of information worldwide. This newfound global network, originally called Arconet, was developed and funded solely by and for the U.S. government. It was to be used in the event of a nuclear attack in order to keep communications lines open across the country by rerouting information through different servers across the country. Does this mean that the government owns the Internet, or is it no longer a tool limited by the powers that govern. Generalities such as t! hese have sparked great debates within our nation's government. This paper will attempt to focus on two high profile ethical aspects concerning the Internet and its usage. These subjects are Internet privacy and Internet censorship. At the moment, the Internet is epitome of our first amendment, free speech. It is a place where a person can speak their mind without being reprimanded for what they say or how they choose to say it. But also contained on the Internet, are a huge collection of obscene graphics, Anarchists' cookbooks, and countless other things that offend many people. There are over 30 million Internet surfers in the U.S. alone, and much is to be said about what offends whom and how. As with many new technologies, today's laws don't apply well when it comes to the Internet. Is the Internet like a bookstore, where servers can not be expected to review every title? Is it like a phone company who must ignore what it carries because of privacy; or is it like a broadcast medium, where the government monitors what is broadcast? The problem we are facing today is that the Internet can be all or none of the above depending on how it is used. Internet censorship, what does it mean? Is it possible to censor amounts of information that are all alone unimaginable? The Internet was originally designed to "find a way around" in case of broken communications lines, and it seems that explicit material keeps finding its "way around" too. I am opposed to such content on the Internet and therefore am a firm believer in Internet censorship. However, the question at hand is just how much censorship the government impose. Because the internet has become the largest source of information in the world, legislative safeguards are indeed imminent. Explicit material is not readily available over the mail or telephone and distribution of obscene material is illegal. Therefore, there is no reason this stuff should go unimpeded across the Internet. Sure, there are some blocking devices, but they are no substitute for well-reasoned law. To counter this, the United States has set regulations to determine what is categori! zed as obscenity and what is not. By laws set previously by the government, obscene material should not be accessible through the Internet. The problem society is now facing is that cyberspace is like a neighborhood without a police department. "Outlaws" are now able to use powerful cryptography to send and receive uncrackable communications across the Internet. Devices set up to filter certain communications cannot filter that which cannot be read, which leads to my other topic of interest: data encryption. By nature, the Internet is an insecure method of transferring data. A single E-mail packet may pass through hundreds of computers between its source and destination. At each computer, there is a chance that the data will be archived and someone may intercept the data, private or not. Credit card numbers are a frequent target of hackers. Encryption is a means of encoding data so that only someone with the proper "key" can decode it. So far, recent attempts by the government to control data encryption have failed. They are concerned that encryption will block their monitoring capabilities, but there is nothing wrong with

Internet Addiction and College students Essay Example | Topics and Well Written Essays - 1000 words

Internet Addiction and College students - Essay Example Tan (2001) said that the Internet use plays a major role in education for students as well as for the professionals to make things easier; it greatly enhances the learning and practices of individuals and that it is meant to cause students learning and their performance at their performance at the higher-level Mayer (2000). However, there are reports that reveal, there are negative effects brought by heavy Internet use on one's psychological wellbeing (Young, 2004). Anderson (2000) explained that, internet dependent students' average use reached about 29 minutes per day. These users utilize synchronous communication internet application nearly ten times more than the non-dependent students, who only spent an average of 3 minutes per day doing the same activities due to the fact that, users are able to get quality information from internet facilities (Asemi 2005). However, there are reports that reveal, there are negative effects brought by heavy Internet use on one's psychological wellbeing (Young, 2004), with 8% - 13% of undergraduates allegedly addicted to internet use. The said uses have resulted to impairment among individuals' psychological well-being, academic performance and peer and family interactions (Scherer, 1997 Young, 1998). Moreover, this phenomenon of extreme use has been known as "Internet addiction (Young, 2004) and "problematic Internet use" (Caplan, 2002 & Shapira, et. al. 2003).The American Psychologist Association has prescribed criteria as basis whether or not a person be diagnosed for internet addiction disorder, and these are as follows: (1) Tolerance, which refers to individual's need for increasing quantity of time consumed on the Internet for satisfaction purposes; (2) Two or more withdrawal symptoms that develop in days until one a month or even after; (3) Use of the Internet in order to alleviate or avoid withdr awal symptoms; (4) The Internet is repeatedly accessed more often; if not, for longer periods that the intended time; (5) The individual loss of an important relationship, or still at risk of losing; loss of job, educational or career opportunity due to the excessive use of the Internet, and several other reasons.Bratter and Forest (cited by Freeman, 1992) characterized addiction as "a behavior pattern of obsessive drug use due to overwhelming involvement. Psychologist Kimberly S. Young, investigation nearly 500 heavy Internet users by compared their behaviors. Using the clinical criteria formulated by the Diagnostic and Statistical Manual of Mental Disorders-IV and was also published by the American Psychiatric Association; results showed that, eighty percent (80%) of the participants were dependent Internet users. She further elaborated that, "internet use can disrupt an individual's social, academic, financial, and professional life just as the same with other well-documented add ictions" (Young, 1996). Psychodynamic and personality perspectives can be accounted for addiction during early childhood traumas, relationship with certain personality traits/disorders, as well as inherited psychological dispositions (Sue,

What were the economic, social, and political consequences of the rise Essay

What were the economic, social, and political consequences of the rise of big business - Essay Example Although business and capitalism have their critics, they have provided an unalloyed good for humankind. This brief essay will explore the rise of big business and its economic, social, and political consequences. It will be hard to do this in such a short space, but even a brief summary indicates the resounding importance of this topic. The truth is that big business is all around us each and every day. It has shaped our lives in ways we do not even understand. The rise of big business can be traced back to the earliest days of human social organization. Back then various tribes lived in remote areas. There were no roads or train tracks connecting disparate human communities. Everyone had to rely on themselves. Slowly, however, contact was made and the tribes began to work together. The main way they did this was to trade. Trade permitted communities to dramatically increase their resources both by making use of things they had and trading a superabundance of these things for resour ces that they did not. From these humble beginnings, the first businesses began to grow. A business is usually an organization that makes or distributes an item or a service that people need. It is hard to think of a business that fulfills a goal which an individual could easily do on their own. Businesses are pooled resources and knowledge that make our lives more convenient and successful. However, it was not a direct path from these early tribe-like businesses to the businesses of today. One of the most important steps was urbanization. As people came to live together in large groups, cities developed. These large populations needed to be supported with businesses. These businesses often worked in close vicinity with one another in a marketplace. All cultures have marketplaces—they are sometimes known as bazaars in the Eastern parts of the world. From this accumulation, a number of phenomenon occurred. Businesses wanted to be more and more successful, and so they asked the government to develop policies which would help businesses grow. Politicians liked money, so they were happy to help businesses make more of it. For some critics of businesses this nexus between government and business is a negative one. However, while there have certainly been many corrupt governments over the years, and many politicians do enjoy lining their own pockets, it is not fair to criticize business for this reason. The truth is that politicians tend to listen to business interest for one very important reason: almost everyone works for a business of some sort. Businesses play an extremely important role in employing people and paying tax revenue which governments rely on to provide services for people. They are all around us at all times. Without big business we would not have cars, computers, food, ultrasounds, airplanes, movies, magazines, newspapers, soap, and many other things which use every day. We need to carefully consider the impact of business before complainin g about its rise. Business is at the heart of many political disputes. The 20th century saw the rise of Communism and its very anti-business ethos. Communists did not believe in the private sector. They felt that the government should run all businesses and control all private enterprise. Rather than permitting a market, or conglomeration of supply and demand, to decide the price of items, instead Communists believed that a central government would be able to do this much more effectively. Communists took over countries such as Russia and China and tried to destroy all private businesses. In other Communist countries foreign businesses were nationalized and brought under the control of the government. In each of these countries, the economy fell off a cliff. It became clear soon enough that governments

Fieldwork Research Paper - Buddhism Example | Topics and Well Written Essays - 2000 words

Fieldwork - Buddhism - Research Paper Example This fieldwork project was carried out during two trips to the Center on April 27th, and May 1st. This researcher had sent a preliminary e-mail query on April 23rd describing summarily the fieldwork to be performed. Lama Chuck replied personally and said that he would be happy to oblige and thought that it would be beneficial for me to attend the evening classes on the 27th, which included: 6pm, Meditation Instruction; 7pm, Group Meditation Practice; and 7:45pm, Becoming Enlightened. The latter class included an induction to the foundations of Buddhism as well as comparing and contrasting it with other religions. This seemed advantageous as the purpose of this research was to gain a deeper understanding of Buddhism and its ability to translate its teachings to other cultures as well as other religions. This researcher was intrigued by the fact that on its website this center describes itself as, â€Å"†¦a (non-sectarian) Center dedicated to the cultivation of wisdom and compass ion.† (The Rime Center 2011) Which seems odd since one might think that Buddhism is a religion and therefore sectarian, or is it a philosophy and therefore non-sectarian? A further question arose as to one of the central practices of Buddhism, as well as other Eastern religions/philosophies, the practice of meditation. What is it? Is it a spiritual experience or simply a stress reduction method as viewed by the western eye? Again is it sectarian or non-sectarian? These are the core questions that this research will attempt to unravel. Research: Literature During this researchers filed trip to the Rime center, Lama Chuck recommended several books which are presented here as well as much of my own research of different articles and items that added to the overall appreciation of this Buddhist center. They are presented first to give the reader an overall view of Buddhism and some insight into the conversations and interviews that took place during the filed study. It is generall y considered that there are two traditional lines of Buddhist thought Theravada and Madhyamaka. Theravada is the more conservative and traditional Buddhist approach. This Pali word literally means â€Å"the teaching of the elders† and it is the oldest of the Buddhist practices. â€Å"Theravadin Buddhists study the early scriptures in Pali, honor the life of renunciation, and follow mindfulness meditation teachings.† (Fisher 2005: 142) In this tradition the Buddha is certainly an historical figure that now no longer exists but has left his teachings or the â€Å"Dharma† as a guide for his followers.. Madhyamaka (also known as Mahayan) regards the Buddha as a universal principle. Literally translated as â€Å"The Middle Way,† Madhyamaka represents in a sense the line between conservative and liberal of the traditions and in life itself. It is the dividing line between polar opposites. Metaphysically, Buddha is said to be an immanent presence in the universe with three aspects, or â€Å"bodies†: first, the enlightened wisdom of a Buddha, which is formless; second, the body of bliss, celestial aspect of Buddhahood that communicates the dharma to bodhisattvas; and the third body of transformation, by which the Buddha

Equity and Trusts †Problem Question

Equity and Trusts – Problem Question James has died recently, and has left a properly executed will in respect of his estate. There are a number of provisions in this will, including a substantial financial legacy to his sister, a trust over James’ leasehold estate for which the trustee has since died, a trust of  £100,000 for the purpose of benefitting James’ friends’ dependants completing studies, a gift of his collection of coins and mints, and a gift of Jack Daniels whiskey and some money to his niece. Each of these provisions of the will present certain problems. The provisions will be addressed individually in order to assess their status, and determine who will actually get what under James’ will. The first provision, then, is a gift of  £100,000 to his â€Å"beloved sister† Emily, with an obligation on Emily to use a â€Å"reasonable amount† to look after James’ step-daughter, Mary. This would appear to create a trust over a portion, but not all, of the  £100,000 in question. As identified in the seminal case of Milroy v Lord (1862), a trust can be created either where a person declares himself or herself a trustee over property the legal title of which he or she holds, for the benefit of (that is, beneficial ownership lies with) another; or where a person transfers his property to trustees on trust. It is established, however, that a trust obligation can only subsist in relation to specific trust property. James’ clear intention here to create a trust will not, on its own, be sufficient to benefit his step-daughter if it cannot be ascertained exactly what the trust property was intended to be. This brings us to a fundamental requisite of valid trusts; the so-called three certainties, identified by Lord Langdale in Knight v Knight (1840), when he was Master of the Roll. The three certainties that must be present are certainty of words (or intention), certainty of subject matter and certainty of objects. In relation to certainty of intention, one must consider James’ wording. He does not specifically mention a â€Å"trust†. This may not be fatal to the successful establishment of one, however, as his â€Å"absolute confidence† that his sister will use some of the money for the specified purpose would probably qualify as â€Å"precatory words†; which would be sufficient. In Re Adams and Kensington Vestry (1884), the words used in a similar provision were â€Å"in full confidence that [the testator’s wife] would do what was right as to the disposal [of the trust property] between his children†. Cotton J, in the Court of Appeal, suggest ed precatory words alone were insufficient, but a valid trust may be created in the wider context of the will. Again, James’ words would appear to qualify as he has created other trusts. There may also be a problem with this provision in relation to the specific subject matter of the trust. Trust property must be clearly defined, otherwise the trust will fail for lack of certainty. Here, James has asked that a â€Å"reasonable amount† be used for the upbringing of his step-daughter. The court may be prepared to define a â€Å"reasonable amount†, however, following such cases as Re Golay’s Will Trusts (1965). Here, the wording provided for a â€Å"reasonable income† for the legatee, and Ungoed-Thomas J considered the term to be sufficiently objective to be capable of quantification. It seems this provision will be valid if two conditions are met; namely James’ use of precatory words are considered sufficient in the context to create a trust, which seems likely, and the court is prepared to define â€Å"reasonable amount† as the subject matter of the trust which, again, seems likely. The second provision in James’ will relates to his leasehold estate in Blackacre, which he wishes to pass to his nephew John, whom he desires to use the rent for the estate for either James’ children who John thinks are most deserving, or for John’s own children. There are a number of interesting, and potentially problematic, aspects of this provision. The first is that it relates to a trust over land. Under the Law of Property Act 1925, there are further formalities that must be observed when creating a trust over land. The trust will only be validly constituted if legal title to the trust property is effectively transferred to the trustee, John. Section 52 of the LPA 1925 states that any conveyance of land must be effected by deed. Mere writing (such as in James’ will) or an oral transfer, or even physical possession of the land will be insufficient. An assignment of title to a testator’s leasehold estate to an intended beneficiary’s mother was held invalid because it was not done by deed in Richards v Delbridge (1874). It seems that this trust would have failed for this reason. The trustee, John, however, died without distributing any of the rent from the leasehold property. The trust has therefore failed for two reasons (the trustee’s death and the absence of a proper assignment of legal title to the trustee). What, then, happens to the leasehold estate? It will become a resulting trust. The beneficial interest â€Å"results† back to the settlor or his successors, and the trustee holds on bare trust for that party. This is known as an Automatic Resulting Trust (ART). In probate terms, the interest will revert to James’ estate and will be distributed in accordance either with other provisions of his will, or with the intestacy rules. The third provision in James’ will relates to  £100,000 which he has given to Mark in order that Mark can invest it and use the income to help â€Å"any of [James’] friends’ dependants complete law degrees. This will meet the requirements of an express trust in terms of its certainty of subject matter. The  £100,000 is a specific sum of money that is to be made the subject of the trust. In this instance, however, we must consider the nature of purposes in the context of trusts. The law of trusts allows individuals to devote their property to the carrying out of specific purposes. There are, however, a number of restrictions on how this can be done. Purposes often involve both trusts and contractual obligations to carry out some action. The general starting point in this discussion is that unless it is a charitable purpose, the law in England does not generally allow the simple transfer of property on trust to carry out a particular purpose. Using Penner†™s example, â€Å" £10,000 on trust to oppose UK entry into the common European currency† would be likely to fail.[1] In order to assess whether James’ provision to Mark of  £100,000 for the designated purpose is valid, the â€Å"beneficiary principle† must be considered. This states that for a trust to be valid, it must be for the benefit of ascertainable individuals. This provision is not a pure purpose trust, which would fail under English law, but rather it is for the benefit of certain individuals. In Morice v Bishop of Durham (1805), Sir William Grant, then Master of the Rolls, said â€Å"there can be no trust, over the exercise of which this Court will not assume a control; for an uncontrollable power of disposition would be ownership, and not trust †¦ There must be somebody, in whose favour the court can decree performance.† In this case, as mentioned, there are a particular group of potential beneficiaries of the trust; it is not simply â€Å"for the general advancement of legal studies†, for example. Although the beneficiary principle would appear to be m et, then, it is a corollary of the requirement of certainty of objects, to which we now turn. For a trust to be valid, the objects of the trust (that is, the beneficiaries), must be certain. In other words the trust must be expressed in such a way as to enable the trustees, or in their default, the court, to identify who exactly the beneficiaries are. The trust of  £100,000 to Mark is characteristic of a discretionary, rather than a fixed, trust, meaning that the precise benefit to specific individuals is not defined by James. Rather, Mark will exercise discretion as to who, from the group of possible beneficiaries, will benefit. In McPhail v Doulton (1971), the House of Lords stated that the test for certainty of objects in trusts such as this one should be similar to the test for objects of powers. It should, in other words, be possible to say of any given individual that he or she is, or is not, part of the specified class of beneficiaries. Subsequently, in Re Baden’s Deed Trusts (No 2) (1972), the Court of Appeal stated that when this test is applied, a discretio nary trust will be valid so long as the beneficiaries can be identified with â€Å"conceptual certainty†. How does this apply to the present case? The discretionary trust relates to â€Å"any of my friends’ dependants†. This is of course, subjective. Who is, or is not, James’ friend? And who qualifies as a dependant of those friends? An early test for this problem was the so-called â€Å"complete list† test, which was applied in IRC v Broadway Cottages Trust (1955). Jenkins LJ stated that â€Å"a trust for such members of a given class of objects as the trustees shall select is void for uncertainty, unless the whole range of objects eligible for selection is ascertained or capable of ascertainment.†[2] Clearly, in the present case, it is unlikely that an exhaustive list of the potential beneficiaries will be able to be compiled. The test was, however, criticised in subsequent cases as failing to deal adequately with developing discretionary trusts that covered larger groups of potential beneficiaries. In McPhail v Doulton (mentioned above, in which the purported discretionary trust was very similar to the present one), the complete list test was discarded in favour of the â€Å"is or is not† test. Unfortunately for the present trust, however, it would most likely still be invalid on the basis of administrative unworkability. Again, this concept arose in McPhail v Doulton, when Lord Wilberforce stated that there may be classes where â€Å"the meaning of the words used is clear but the definition of the beneficiaries is so wide as to not form â€Å"anything like a class† so that the trust is administratively unworkable†¦Ã¢â‚¬ [3] Given the potential size of the class of beneficiaries here (depending of course on James’ popularity), this trust would probably fail. The fourth provision relates to James’ collection of coins and mints which he gives on trust in order that any of his colleagues who wish to do so to purchase them at half price. The rest are to go to James’ sister, Lora. The first issue here is the identity of James’ trustees. He has not specified who will be the trustee(s) in this case. This is not, however, a significant problem as it is well established that trusts will not fail for want of a trustee. This applies either where no trustee is specified (as is apparently the case here), or where the specified trustee is unwilling to accept this responsibility. If no willing trustee can be found, Public Trustee will be appointed as a last resort. Provision for this office was made in the Public Trustee Act 1906 (section 2(3)). Alternatively the court may appoint a trust corporation to administer the trust pursuant to section 42 of the Trustee Act 1925. This first issue with the present trust, then, presents no re al problem. The trust property is James’ â€Å"valuable collection of coins and mints†. This is unproblematic, assuming that the collection can be physically located. It should be relatively clear what forms part of the collection and what does not. The requirement for certainty of subject matter will therefore be met. The class of beneficiaries is expressed as being James’ colleagues. This is not a discretionary trust in the same way as the one discussed earlier, as the trustees have no discretion as to who will benefit from the trust. Rather it is the potential beneficiaries who may exercise their discretion to purchase items from the collection. The equitable maxim that â€Å"equity treats as done that which ought to be done† would apply a constructive trust here, if there was a specifically enforceable contract to sell the property to the beneficiaries. There is not, however, as the potential beneficiaries have not yet decided to accept. In the present context, a further requirement of a valid trust is worth considering; namely that where a settlor wishes to create a trust over which a third party is trustee, the legal or beneficial title to the subject matter of the trust must be effectively transferred to the trustee. James’ words here refer to his â€Å"trustees†. In Choithram (T) International SA v Pagarani (2001), it was held that where it is intended that there be a body of trustees, it will be sufficient to transfer title to one member of that body. The rules of effective transfer of title vary according to the type of property in question, and are most lenient in relation to chattels (which cover the collection here). Title may be transferred either by deed or gift, or delivery of possession. It is likely that the will, if correctly executed, will be sufficient for this transfer. There is, in trust law, a rule against perpetuities. This states that gifts of property must vest within a certain period of time. James’ sister is due to inherit the remainder of the collection at some point in the future, but this is not defined. The perpetuity period is â€Å"a life in being plus twenty-one years†.[4] This limits the period of time in which the remainder of the collection must vest in Lora. The final provision in James’ will relates to 20 bottles of Jack Daniels whiskey that is stored in his cellar, and  £500 from his City Bank plc savings account, which he gifts to his niece, Emily. This is, on the face of it, unproblematic. It would appear to meet the requisite standards of certainty in relation to words (or intention), subject matter, and objects. The wording clearly creates a testamentary gift. Assuming James has only one niece called Emily, the intended beneficiary will be clearly identifiable. Ostensibly, also, the subject matter of the trust should be sufficiently certain. The problem, however, relates to the fact that in James’ cellar there are 40 bottles of Jack Daniels; and in the relevant savings account, there is  £1000. The testamentary gift therefore relates only to half of these items. It is clear that a trust cannot exist in abstract. It must relate to specific assets or else it will fail. By way of example, in Hemmens v Wilson Browne (a firm) (1995), an agreement allowing a person to call for a payment of a specified sum at any time did not create a valid trust because no specific property had been identified as the subject matter of the obligation. There â€Å"was no identifiable fund to which any trust could attach.†[5] In the present case, there is no conceptual uncertainty as to the intended trust property, however, as it explicitly relates to bottles of whiskey and money. The problem arises, however, because the property is unascertained. In Re London Wine Co (Shippers) Limited (1975), a customer order for a consignment of wine was unable to create a trust over specific bottles in the seller’s warehouse because the specific property could not be ascertained. The customer’s specific order had not been appropriated from the general stock. This would suggest that the gift to Emily would fail for similar reasons. The Privy Council confirmed the approach in Re Goldcorp Exchange Limited (In Receivership) (1995) in relation to gold bullion. Again, specific orders had not been appropriated from the general stock so the trust failed. This is not conclusive, however, as an alternative approach occasionally adopted by the courts should be considered. In Hunter v Moss (1994), an oral declaration of trust was made over 5% of the issued share capital of a private company in which the settlor owned 950 shares. The court held that this was not void because the specific shares had not been segregated from the remainder of the shares. This decision, although it might help on the successful implementation of Emily’s trust, has been criticised as being inconsistent with the earlier Privy Council decision. One justification for following the decision in Hunter was offered in Re Harvard Securities Limited (In Liquidation) (1997) a s being that Hunter related to shares and not chattels. In the present context then, it seems that the trust over the money in the account might be valid, but that over the whiskey may not be. BIBLIOGRAPHY Statutes Law of Property Act 1925 Public Trustee Act 1906 Trustee Act 1925 Cases Choithram (T) International SA v Pagarani [2001] 2 All ER 492 Hemmens v Wilson Browne [1995] Ch 223 Hunter v Moss [1994] 1 WLR 452 IRC v Broadway Cottages Trust [1955] Ch 20, CA Knight v Knight (1840) 3 Beav 148 McPhail v Doulton [1971] AC 424 Milroy v Lord (1862) 4 De GF J 264 Morice v Bishop of Durham (1805) 10 Ves 522 Re Adams and Kensington Vestry LR (1884) 27 Ch D 394 Re Baden’s Deed Trusts (No 2) [1972] Ch 607 Re Golay’s Will Trusts [1965] 2 All ER 660 Re Goldcorp Exchange Limited (In Receivership) [1995] 1 AC 74 Re Harvard Securities Limited [1997] 2 BCLC 369 Re London Wine Co (Shippers) Limited (1975) 126 NLJ 977 Richards v Delbridge (1874) LR 18 Eq 11 Secondary sources Martin, J.E. (2001) Hanbury and Martin – Modern Equity, 16th Edition (London: Sweet Maxwell) Pearce, R. and Stevens, J. (2006) The Law of Trusts and Equitable Obligations, 4th Edition (Oxford: OUP) Penner, J.E. (2004) The Law of Trusts, 4th Edition (London: LexisNexis) Footnotes [1] Penner, J.E. (2004) The Law of Trusts, 4th Edition (London: LexisNexis), p254 [2] [1955] Ch 20, CA, per Jenkins LJ at 31 [3] [1971] AC 424, per Lord Wilberforce at 457 [4] Pearce, R. and Stevens, J. (2006) The Law of Trusts and Equitable Obligations, 4th Edition (Oxford: OUP), p404 [5] [1995] Ch 223, per Mosely J at 232

Harmony and Howling †African and European Roots of Jamaican Music Essa

Harmony and Howling — African and European Roots of Jamaican Music English colonial rule began in Jamaica in the year 1655. The growth of a plantation culture in the West Indies quickly changed the need for labor in the area. Between 1700 and 1786, more than 600,000 African slaves were brought to Jamaica. These slaves were required to work for their English colonial masters who would purchase them from slave traders at various ports around the island. Slaves were abducted from various regions of Africa, and brought over to the New World in large boats, packed to the teeth with the Africans. The slave trade over the Atlantic served as a connection between the West Indies- islands in the Caribbean, and what was to become the United states. In fact there was a large amount of interchange of slaves between these two regions. Therefore, an American reader with an understanding of the Atlantic slave trade in his own history will have some sort of an understanding of how this system worked. Slavery was not a system designed to accomidate freewill. Slaves were literally kidnapped from Africa, and as soon as they were in custody of slave traders they were assigned a submissive position under the white and Arabian merchants. When the slaves entered the New World, they remained in this submissive role and were forced into labor. Any freewill was instantly compromised the moment a shackle was placed around the limb of an African. European, Spanish, and Arab slave traders did not particularly like the Africans who were "volunteered" into slavery. Their actions, which were considered ugly and unacceptable reinforced their submissive position under the Europeans. An example of this kind of thought is the practice some African people had of "picking lice off their heads, with their fingers, putting them in their mouth and eating them." According to this slave trader, monkeys "had a parallel custom." Observations such as these reinforced the stereotype of slaves being monkeys. This is an example of how blacks, in a white mind, could descend to the level of an animal. Today we have a term for this: Ethnocentrism, but in the days of slavery this European view drawn from their own culture only served to further compromise the dignity of the Africans in the slave trade. This degrading view of Africans also made the moral aspect of slavery easier to digest. The E... ...ngs that created Reggae music. This music came out of a struggle between black and white, and the return to Africa reinforces the black nature of the music, almost subjecting the European tradition to a submissive role. In this respect Reggae music is a response to the European traditions that were inflicted onto black slaves in Colonial times in an unjust manner. Listen: The exploitation and eventually liberation of the Jamaican people have produced a very unique social condition. Reggae music is an optimistic answer to the history of oppression that draws upon the past, and uses it as a resource. In order for there to be a good future, the past must be considered and accepted. There is no way to right the wrongs of Jamaican history, but there is a way to promote awareness of these wrongs. The harmony that exists in reggae music between African and European tradition is a symbol for how it should exist in the world, and perhaps it is a map of how to get there. If two different combating traditions can exist in one music, then it is very possible for them to exist in every other facet of our society. Is this possible? What one person considers a howl is another's harmony.

Court Issues Analysis Essay

In discussions regarding court system issues, most tend to forget that crimes would not happen if there were proper societal values in place and those values were enforced. Society has shifted from a culture of marriage, family values and strong familiar bonds to a culture that cultivates a staggering divorce rate, single mothers with many children born out of wedlock with little to no income. A culture that is has no patriarchal figure to lead and teach the children right from wrong aids and abets a systematic control of the poor and minorities. Instead of encouraging the pursuit of education, society encourages the pursuit of false hope and dreams through get rich quick methods that essentially remove the rights of those who chose to pursue criminal behavior. Most are imprisoned due to criminal activity and having no fatherhood figure themselves, there is no sense of value to one’s life. This loss of the father figure not living in the home, especially in the African America n and Hispanic communities, has a negative outcome not only in the community, but on society as a whole. Without the complete family unit to provide guidance, encourage the children to stay in school and avoid criminal activity, or to become a productive member of society; then our court systems will continue to provide severe punishment for minor crimes and negative social behaviors when the court should offer solutions to preventative crime and supportive services to those families whose members are involved in the vicious cycle of incarceration. Victims’ assistance programs should also support the families of the criminal, as well as the providing treatment programs and assistance to those. The majority of innovation and changes made to the court system over the past 30 years have been tested and administered in urban locales or focused on suburban jurisdictions, where a bulk of the financial resources are given due to the larger population. Rural areas tend to have much larger geographic locales, smaller populations and limited legal, social and health services to assist the general public; this can provide a challenge for rural courts. With the lack of specialized justice practitioners and service providers, rural court jurisdictions tend to work closer with the community when handing out sentencing and punishment. Research conducted by the Justice Management Institute suggests six areas where the criminal justice system needs improvement, after some review I have combined them into the four topics below. Improvement of Court Practices and Procedures for Indigent Litigants The first thing the courts need to work on is improving practices and procedures for self-represented defendants. This includes proper caseload management, administrative management techniques that are informative and efficient so that no cases or indigent defendants become ‘lost’ within the incarceration process and are given the right to due process. In order for the aforementioned to work there would have to be an upgrade to the current indigent defense services that are available to defendants. This includes public defenders that are compensated with good salaries and other support needed to manage caseloads; making them more prepared to battle for their client’s freedom instead of plea-bargaining an agreement. One change that should be made is the building of informative websites that provide information about the court system and the types of cases that are handled by jurisdiction. Providing the public with listings of case statuses and docket information can be helpful for pro bono attorney looking for clients to represent, and having detailed information and the proper forms that would be needed for a person to represent oneself in court; can help disperse the caseload. The development of performance standards and methods for supervising attorneys, assigned counsel, and court officials will ensure that courtroom behavior is ethical and in favor of the defendants. Enhanced Technology and Information Management The enhancement of technology is another area of concern regarding court administration today. Modernization of older court buildings with upgrades to newer security features, such as video cameras and weapon detection systems, can offer a greater sense of security for the public and those involved in the court process. The employment of properly trained security guards, who are rehearsed in threat assessment, will ensure that future security officers are able to handle any crisis that may occur. This includes the effective use of communication equipment, proper weapons training and new technologies that are implemented. The employing of degreed peace officers as administrative staff, who have a working knowledge of security systems and policing; that are familiar with the software used, and any hardware that is required to provide a safe court environment, ensures that security processes and procedures will be followed. Storing of information is important when building databases to control the flow of information within the court system and making sure that information is secure, obtainable and available to all jurisdictions is not only beneficial in the court process but should be a priority to ensure that the system does not become overloaded. This includes the creation and updating of all proper forms, documentation, and the incorporation of any digital media that is needed to complete the judiciary process; plus the technical support and communication infrastructure to manage all the information. Finally, the proper training for court staff on how to access all information, customer service in providing the appropriate assistance and the relaying of proper information to the public and for all justice system practitioners and service providers. Web based education is a consistent way to ensure that all court personnel receive the same standard of training in core subjects. Greater Availability of Community Programs Having readily available resources to provide those who have addiction problems or commit crimes due to addiction, such as inpatient/outpatient programs, drug court and probation programs that teach recovery and coping skills, and providing transportation vouchers to those defendants who do not own or have vehicles. Although some courts have drug courts, the establishment of a mental health court could substantially help with caseload. With qualified treatment providers and caseworkers who are educated in mental illness (with or without drug abuse training) can provide information to the court through home visits, doctor office visits, and the tracking of those individuals who are required to be on medication and in treatment programs while on probation, thus being able to use the information gathered to forecast defendants whose criminal actions are due to some sort of mental illness. Overcoming Language Barriers Providing improved court interpreter services through technology will allow for greater range of court interpreter services. Language barriers are one of the biggest issues with the illegal immigrant population. It is imperative that court system recruit interpreters who are fluent in many languages, so that those who do not have a good command of the law are able to understand what crime has been committed and the punishment for that action, why that particular action is a crime, and to ensure that they understand the court process in relation to their rights. Judges, attorneys and client representative should also be trained in several languages or be given access to a competent interpreter so that nothing can be lost in translation. Through the use of technology, such as Skype, court interpreters can instruct, educate and disseminate information so that those who do not understand will have some comprehension of the resources available to them and the sentencing/punishment that is handed down. References Robinson, M. B. (2009). Justice blind? Ideals and realities of American criminal justice (3rd ed.). Upper Saddle River, NJ. Pearson/Prentice Hall.

A Collection of Funny Relationship Quotes

A Collection of Funny Relationship Quotes Funny situations occur when you have complicated relationships. Look around you, and youll see that chaotic relationship  sometimes lead to amusing situations. Movies are made about relationships gone bad or just beginning. When you go to a party, you can observe couples and tell which couple had a fight before coming to the party and which one will have a fight after the party.When relationships go sour, it helps to look at the funny side. Instead of being anxious about your love life, make a joke about it and move on. If you have been through heartbreak, laugh at your mistake. The quicker you bounce back, the easier you are able to move on  and develop new relationships. Here are funny relationship quotes that will put a smile on your face the next time you are feeling down over your relationship. Linda FestaThe most important thing in a relationship between a man and a woman is that one of them be good at taking orders.Erma BombeckMarriage has no guarantees. If that’s what you’re looking for, go live with a car battery.Frederick RyderWhen a man goes on a date, he wonders if he is going to get lucky. A woman already knows.Sarah DessenRelationships dont always make sense. Especially from the outside.Jonathan CarrollYou have to walk carefully in the beginning of love; the running across fields into your lovers arms can only come later when youre sure they wont laugh if you trip.Samuel GoldwynA bachelors life is no life for a single man.Mark Twain What would men be without women? Scarce, sir, mighty scarce.Bobby KeltonThe difference between being in a relationship and being in prison is that in prisons they let you play softball on the weekends.Agatha ChristieAn archeologist is the best husband any woman can have; the older she gets, the more interested he is in her .Glenn BeckRemember, beneath every cynic there lies a romantic, and probably an injured one.Benjamin FranklinKeep your eyes wide open before marriage, half shut afterward.Laurence J. PeterIts better to have loved and lost than to do 40 pounds of laundry a week.Henry YoungmanSome people ask the secret of our long marriage. We take the time to go to a restaurant two times a week. A little candlelight, dinner, soft music and dancing. She goes Tuesdays; I go Fridays.Men are from Earth. Women are from Earth. Deal with it.Ronnie ShakesRelationships give us a reason to live. Revenge.Rita RudnerWhen I want to end a relationship I just say, You know, I love you. I want to marry you. I want to have your children. Sometimes they leave skid marks.Brendan FrancisA man is already halfway in love with any woman who listens to him.Jim BishopWatching your daughter being collected by her date feels like handing over a million dollar Stradivarius to a gorilla.Albert EinsteinWomen marry men hoping they will change. Men marry women hoping they will not. So each is inevitably disappointed.Jacqueline BissetIdeally, couples need three lives: one for him, one for her and one for them together.

Lin Onuss Cultural Identity Seen in Fruit Bats Essay Example

Lin Onuss Cultural Identity Seen in Fruit Bats Essay Example Lin Onuss Cultural Identity Seen in Fruit Bats Paper Lin Onuss Cultural Identity Seen in Fruit Bats Paper He became a professional artist In the year of 1974, throughout his artistic life he became a exceedingly creative artist and arts administrator. From the very beginning of his days he was portrayed as an Ideal Australian, his cultural identity was clear. As he was born to an aboriginal father and a white mother, he was a living example of the conception that two people, even from different cultures, different upbringings and beliefs could come together as one. Two examples of artworks that demonstrate his cultural Identity are: Fruit Bats (1991 ) and Fruit Bats 1 991 Is a work that shows a combination of the two cultures that make Line Onus. This work visually shows the two societies slowly combining. The mall aspect of the artwork that shows the western cultures identity would be the hills hoist clothesline which is what the bats are hanging from. The Aboriginal aspects of this org that suggest the combining of the two different cultures are those such as the aboriginal symbol for bat droppings (Earner) which is in fact is made from the droppings from the bats hanging in this work. Another aboriginal characteristic of this work is that all ninety-nine fiberglass fruit bats have been painted with a type of Aboriginal pattering called rack. Not only do the traditional techniques used for the fruit bat droppings and patterns on each bat contrast with the current materials of today, they also contrast with the modern inspiration of these installations. The main characters in the work are the fruit bats these are presented as the link between the two cultures within one land. The droppings from these fruit bats could be interpreted to say the aboriginal culture is marking their territory. The fruit bats can therefore be seen to symbolism the will to repossess the land that rightfully belongs to the aboriginal people.

What personal responsibility do Ferdinand and Isabella bear for the Essay

What personal responsibility do Ferdinand and Isabella bear for the expulsion of the Jews from Spain in 1942 - Essay Example In order to deal with this issue, they introduced the Inquisition, but reports from the Inquisitors only confirmed their fears that converts to Christianity could not be considered secure in the faith until they could be prevented from having any contact with Jews. Shortly after the fall of Granada, with the Muslim threat quashed, and Christian emotion running high, they decided to move for expulsion. Therefore, they bear great personal responsibility, but it should be noted that they were heavily influenced by the Inquisition, and by political developments. It has often been suggested that in the period leading up to the expulsion edict, greater intolerance and anti-Semitism had been developing in Europe generally. From the 13th century onwards, what Gavin Langmuir termed ‘chimeric antisemitism’ arguably made itself felt in Europe (Peters, 17). Evidence of popular resentment against Jews, as the perceived enemies of Christendom, is plentiful. For example, there were massacres in the Rhineland in 1096, as the First Crusade began. Spanish society, which had hitherto been characterised chiefly by its peaceful coexistence, was not exempt from this trend towards anti-Semitism. Altabà © certainly adopts this viewpoint, as he states that ‘Muslim caliphs and Christian kings often referred to themselves with pride as emperors of the three religions’ (728). Until the 14th century, as Peters notes, the public life of the Iberian states was commonly termed convivencia, or ‘peacefully living together’ (9). Ca stile and Aragon were unique cases in Western Europe, in terms of their religious and cultural diversity. They had the most substantial populations of Muslims and Jews in the region, and despite the restrictions placed on the latter, Jews were still able to rise to positions of power, wealth and prominence. Jews were to be found among the advisers of the monarchs and lords, and many of the most exalted

Learning experiences Essay Example | Topics and Well Written Essays - 3250 words

Learning experiences - Essay Example Bexley Public School, consisting of 320 and located in Sydney’s southern suburbs, is a middle-sized school perfect for this unit. This school has students from diverse backgrounds and cultures. The school takes pride in its diversity; 87.9% of students are from language backgrounds other than English (there are 34 different spoken languages in the school). The school provides a range of programs for children, such as joining the National Partnership for the students’ literacy to be enhanced. The school celebrate holidays such as Harmony Day, Mothers Day, Fathers Day, and Christmas. This unit is suitable for stage 1, year 2, as it teaches them about the different celebrations in their community. More specifically, it teaches them to accept and value the way other people celebrate the same celebrations but in different ways. For instance, there are different ways to celebrate a birthday. As there is a wide range of cultures, it is important for the students to understand the different types of celebrations and how they are celebrated so they can learn how to accept and tolerate people of other cultures. The students will be engaged in researching and participating in different celebrations, as well as talking to guest speakers to understand the unit of celebrations and differences between them. Also, the students must bring their own party decorations to see how each student celebrates. Students will need typing skills; hence, knowledge of Microsoft Word will be necessary. Students will be aware of the activities they will be doing in class. Each of the learning experiences involves hands-on activities that implements cooperative learning. Also, each learning experience commences with a discussion to check the children’s knowledge and whether they learnt anything from previous lessons. Hence, this will allow a discussion to be formed in which the students can make their own contributions to the topic. Hence, through this unit there will be a wide