Cooper Case

Executive Summary In the Case study, Cooper Industries is trying to acquire Nicholson File Company. However, there are two other companies that are interested in Nicholson as well: VLN Corporation and H. K. Porter Company. In 1971, VLN together with Nicholson management constructed a deal that, however, didn’t get the support from the majority of common stockholders. After having done a discounted cash flow analysis, I determined that Nicholson stock is undervalued. Also, Nicholson seems to be a good strategic fit for Cooper. Therefore, Cooper could acquire Nicholson on friendly terms with a relatively large premium to attract the majority of the shares needed. The problem for Cooper is to determine how best to acquire Nicholson and the adequate price to pay. 1. ) and 2. ) In my opinion, Mr. Cizik should make an attempt to gain control of the Nicholson File Company. Cooper Industries has been pursuing a policy of expansion through the acquisition of other companies and this strategy appears to be working well for them. They have acquired a number of companies and have been successful in integrating them into Cooper Industries. They have established three criteria that potential companies for acquisition must meet and Nicholson meets all three criteria. Nicholson holds 50% of the market share in files and rasps, its main products, therefore implying that Cooper could be a â€Å"major factor† in this industry. Nicholson is also a leading company in their markets and it is a stable company in terms of not being dependent on a few major customers. Nicholson has a great deal of potential for greater sales growth as it is only growing sales at 2% compared with the industry average of 7%. Due to the strengths of its products and distribution system they should be capable of raising growth rates to the industry average. The company is further desirable to Cooper as the two companies sales forces could be combined leading to cost savings. Nicholson’s European distribution system could also be very helpful in expanding Cooper’s sales in Europe. As Cooper Industries sells more of their product to industry and Nicholson to the consumer market by combining the companies they may be able to increase sales of both product lines to the market segment they are weaker in. All in all, Mr. Cizik should try to gain control on Nicholson File company as it seems to be a good strategic fit. 3. Nicholson’s firm value derived by the means of DCF analysis amounts to $ 39. 86 mio. After subtracting net debt, the value of Nicholson’s equity amounts to $ 28. 86 mio. meaning an equity value per share of $ 49. 42 (undervalued). This should also be the maximum price that Cooper should afford to pay for Nicholson. 4. Cooper analyzed the benefits of the merger with Nicholson. Cooper estimated that the cost of goods sold after acquiring Nicholson could be reduced from 69% of sales to 65% meaning a dollar value of this synergy of $ 11. 7 Mio. Also, SG&A could be reduced from 22% of sales to 19% of sales resulting in a dollar value of this synergy of $ 8. 45 Mio. These numbers are based on the combined net sales for 1972 using a 7% growth rate in sales from previous net sales (growth of industry level). The opposite distribution of business activity in business and consume r market is likely to result in revenue growth. The numerical effect of this revenue pulling, however, is highly vague at this point in time. 5. The exchange value Cooper could afford to pay out without causing any dilution according to my calculation is $ 37. 2 per share meaning an Exchange Ratio of 1. 55. Thus, we could offer 1. 55 Cooper shares for every Nicholson share they need. This amounts to 133,013 of Coopers shares for 86,000 Nicholson shares. If they wanted to pay cash for the remaining stocks it would then be $37. 12 * 86000 = $ 3. 19 mio. for the remaining stocks needed to gain control via 50. 1% of all shares. Despite the threat of EPS dilution, Cooper might be willing to pay a price higher than $ 37. 12, if the negative short-term effect will be outweighed by positive ones in the ong-run. In general, it is crucial to consider the effect of acquisitions on EPS as a significant, or enduring dilution of EPS will harm the corporation’s performance significantly. 6. I do recommend a loan as capital preferred financing structure. This use of debt rather than equity financing for the acquisition of Nicholson causes a higher return on equity, as well as an increase in the efficiency of existing capital structure. Also, there are tax advantages to be realized through debt financing (tax shield). The ultimate goal would be to maximize shareholder value and this can be supported through a lower WACC resulting from a higher leverage (as effect outweighs increase of risk). The interest on debt is tax deductible resulting in a higher Net Income and, thus, EPS. Nicholson management had accepted an offer from VLN Corporation using convertible stock but rejected a cash offer from H. K Porter. Nicholson may not want cash for their company. If that was the case, Cooper would need to offer cumulative convertible stock. 7. With an exchange ratio of 2, about 78% of the new firm would be owned by Cooper. The relatively high exchange ratio would result in a severe reduction of control to Nicholson’s shareholder (22%). Under the given circumstances with an exchange ratio of 2, the acquisition premium for paid would be $ 14 per share. The minimum synergies required that this offer makes sense would be $ 8. 18 Mio. Given my synergy valuation from task 4, this would definitely be a realistic achievement. 8. Porter bought Nicholson’s shares with the intention to take over the company themselves. However, as they weren’t able to acquire enough shares required to buy the company, they are now looking to tender their shares. Obviously, they’d like to do this profitably and, thus, their primary concerns are the price- and liquidity-level. They try to get the most value out of their stocks, so price is of primary importance in a bargaining process with them. Nevertheless, they want to be able to quickly liquidate their stocks meaning a preference for cash payments. They expressed that convertible preferred stock was acceptable as they assume Cooper stock to be stable and easily tradable on the NYE. The speculators/ unaccounted for shareholders would also be primarily concerned with price. These shareholders may be tempted to buy or not to buy based on what Nicholson family and its management suggests they do. Thus, one possible way to reach these group of shareholders may be through management. Due to this influence, the family Nicholson and its management have a greater bargaining position as implied by their shares. They are interested in more than just the price. The management is not highly attracted to a takeover, but they know they no longer have a choice. So, at least, they wish to see Nicholson remain autonomous within any acquiring company. Nicholson’s management and family is most likely not willing to sell the majority of their shares for cash; They wish to maintain a stake in the company. As a result, Cooper would need to offer a stock exchange. VLN, as Coopers bidding competitor, is unlikely to be willing to sell their shares to Cooper for a reasonable price. Ex-Post: In 1972 Cooper industries acquired Nicolson File Company Two Cooper Industries Inc. Based on the given information in the case study regarding the acquisition of Nicholson File Company by Cooper Industries, there is no question that Cooper should try to gain control of Nicholson. This decision is based on an analysis of the bargaining positions of each group of Nicholson stockholders which have disparate goals and needs that need to be met. In addition, an appropriate payment method and specific dollar value based on a competitoraâ‚ ¬Ã¢â€ž ¢s offer and Cooper financial data was decided. The remainder of this paper will provide the analysis and rationale for this determination. Should Cooper Industries Acquire Nicholson File Company? Cooper Industries has been expanding through diversification since 1996. Cooperaâ‚ ¬Ã¢â€ž ¢s requirements to acquire a company has three major components. The target company must be: 1. In an industry in which Cooper could become a major player 2. In an industry that is fairly stable, with a broad market for the products and a product line of aâ‚ ¬? small ticketaâ‚ ¬Ã¢â€ž ¢ items; and 3. A leader in its market segment. When looking at the criteria that Cizikaâ‚ ¬Ã¢â€ž ¢s company (Cooper Industries), set forth relative to acquisitions, the acquisition of Nicholson meets all three objectives plus has significant potential short and long-term potential. Cooper management feels that by eliminating redundancy and streamlining Nicholsonaâ‚ ¬Ã¢â€ž ¢s operations this potential can be realized. Currently, Nicholsonaâ‚ ¬Ã¢â€ž ¢s financial history boasts a 2% increase in profit annually but this percentage is way below the industry average of 6%. Cooper management proposed that if Nicholson stops selling to every market, increased efficiencies would result and cut cost of goods sold from 69% of sales to 65%. It was also suggested that the acquisition could lower selling, general, and administrative expenses from 22% of sales to 19%. Nicholsonaâ‚ ¬Ã¢â€ž ¢s position in the file and rasp market where it holds a 50% market share of a $50 million dollar market meets all three of Cooperaâ‚ ¬Ã¢â€ž ¢s objectives. Furthermore, Nicholsonaâ‚ ¬Ã¢â€ž ¢s brand name within the hand saw and saw blade industry is strong and Nicholson holds a 9% market share in the $200 million dollar aâ‚ ¬Ã¢â‚¬Å" their only major competitor was Sears and Diston who held a larger market share. Shareholder Standings At the time of the proposed merger between Nicholson File and VLN, there were a total of approximately 584,000 Nicholson shares outstanding. H. K. Porter had not purchased enough shares to hold majority control, and this situation provided Cooper with yet another opportunity to acquire Nicholson. Nicholson and Porter stockholders had their own concerns, as well as bargaining positions, and if Cooper was to acquire Nicholson they had to address all of their concerns and convince them that the merger was a mutually beneficial proposition. The table below, Exhibit 7 in the case study, shows the estimated disposition of shares in early 1972: Estimated Distribution of Nicholson File Company Stock_______________ Shares supporting Cooper H. K. Porter 177,000 Cooper Industries 29,000206,000 Shares supporting VLN Nicholson family and management117,000 Owned by VLN 14,000 131,000 Shares owned by speculators 50,000 aâ‚ ¬Ã¢â‚¬Å" 100,000 Shares unaccounted for 197,000 aâ‚ ¬Ã¢â‚¬Å" 147,000 Total Nicholson shares outstanding 584,000 Shareholder Concerns There are three major groups of shareholders that Cooper must consider when putting together their offer to acquire Nicholson. These groups are Nicholson, H. K. Porter, and the group of Unaccounted for Shares and Spectator Shares. Nicholson File Company Loss of control – Nicholson managementaâ‚ ¬Ã¢â€ž ¢s greatest fear was loss of operating control. The company had been in the Nicholson family for years, and if Cooper expected to gain support for the offer by Nicholson and gain at least 86,000 shares to tip them over the majority (206,000 + 86,000 = 292,000; 584,000/2 = 292,000) they would need to guarantee them that they would work with the current management to maintain the identity and image of Nicholson. Additionally, Wall Street investors would view the maintenance of Nicholson management as a stabilizing factor in the merger. Loss of product lines aâ‚ ¬Ã¢â‚¬Å" Whichever company acquired Nicholson, there was no doubt that aggressive cost cutting measures would be pursued; this would undoubtedly mean marginal product lines would cease to exist. Although Cooper could not emphatically guarantee that nothing would change, they could guarantee that they would work with Nicholson to determine if improvements could be made to product lines at risk and thereby maintain their existence, or at the least–include Nicholson management in the decision making alternatives. H. K. Porter Stock valuation – If the merger with VPN were successful, Porter would receive VLN preferred stock for their 177,000 Nicholson shares. VLN stock performance had been dreary, and did not show any signs of growth in the short-term. This would make it difficult for them to sell the shares of VLN on the American Stock Exchange which does not trade in large blocks. Additionally, from the years 1968 to 1971, VLN net sales had grown only 3% from $97 million to $100 million. Net income actually decreased by almost 7% for the same time period from $3. 2 million to $2. 98 million. Quick Sale aâ‚ ¬Ã¢â‚¬Å" Porter will most likely sell their shares immediately after the deal is closed. They will do this because they no longer will have an interest in acquiring Nicholson, and history has shown many times over that share prices will fall rather quickly as mergers do not create synergies through added value or earnings growth. Unaccounted For Shares and Spectator Shares Valuation and Sustainability aâ‚ ¬Ã¢â‚¬Å" This voting bloc has the same concerns as Porter relative to share pricing, but is more concerned with sustainability unlike Porter who is concerned with making a quick dollar. They own a lot more shares, estimated between 150,000-200,000 shares, and are not certain that VLN Corporation projected figures are truthful. VLN Corporation has not paid consistent dividends for many quarters, and has not shown any real growth, yet is still offering to match Nicholsonaâ‚ ¬Ã¢â€ž ¢s $1. 60 dividend rate as part of the merger deal. Shareholder Negotiations Both Nicholson and Porter had strong postures regarding the merger, and Cooper needed both companies to bless the merger to get it approved by a majority of the stockholders. Cooper only owned 29,000 shares and needed a total of 292,000 shares to gain a majority. Nicholson and Unaccounted Shares The Nicholson family and management owned 117,000 shares. However, the speculation was that 150,000-200,000 of the unaccounted for shares would vote with the Nicholson family. This amount of shares would give Nicholson immense bargaining power. Cooper knew that their offer would have to be as good, if not better than VLNaâ‚ ¬Ã¢â€ž ¢s offer, as Nicholson management wholeheartedly supported the merger with VLN. H. K. Porter Porter owned 177,000 shares. This was a major voting bloc and gaining their support was essential. Luckily, Porter was eager to work with Cooper because they believed their VLN preferred stock would only be worth $23. 12 in the first year (essentially worthless). Therefore, their support would be mutually beneficial and easier to garner. Cooperaâ‚ ¬Ã¢â€ž ¢s Offer to Acquire Nicholson As has been detailed above, each group of shareholders has their own concerns and bargaining power. Cooper has to induce both Nicholson and Porter that their offer is more than fair, and as a result, all three companies and shareholders will profit. Since Nicholson has an offer pending from VLN, it is imperative that Cooperaâ‚ ¬Ã¢â€ž ¢s offer is better than VLNaâ‚ ¬Ã¢â€ž ¢s proffer. The VLN offer includes that (1) the exchange would be a tax-free transaction, (2) the $1. 60 preferred dividend equaled the current rate on the Nicholson stock, (3) a preferred share was worth a minimum of $53. 10. At the time of the proposed offer, the closing price of Cooper stock was $24 per share. In order to match the bid by VLN, Cooperaâ‚ ¬Ã¢â€ž ¢s offer would have to be greater than two-for-one for each Nicholson share. The offer would need to be in the range of 2. 5/2. 50:1 to be greater than the $53. 10 offer pending. It is of extreme importance to Nicholson that they maintain control. In mergers, culture clashes are often the aâ‚ ¬? kiss-of-death. aâ‚ ¬? Cooper has a sincere offer to maintain the integrity of the company and Nicholson would be wise to consider Cooperaâ‚ ¬Ã¢â€ž ¢s offer as their goals and interests for the long-term are mutual. Cooper has a history of successful mergers and acquisitions, which should be of some comfort to Nicholson as they will be acquired by some company or group of investors. H. K. Porter Requirements Since Porter was not able to gain a majority vote, they are willing to side with Cooper over VLN. Porter realizes that a merger between Cooper and Nicholson will give them the opportunity to convert shares of Nicholson into Cooper stock aâ‚ ¬Ã¢â‚¬Å" a much more enticing proposition than that of VLN. Cooper needs to guarantee Porter that the exchange will be tax-free, and that the Nicholson stock he converts will be worth at least $50 each. Unaccounted for Shares and Spectator Shares The offer to this voting alliance will need to be greater than the $53. 10 per share offer by VLN. They will also want the exchange to be tax-free to avoid capital gains taxes. As has been mentioned above, this group will most likely side with the Nicholson family so if the Nicholson family is satisfied, then this group will be also. Payment Considerations There are several considerations that Cooper management must take into account prior to deciding the specifics of the offer they will give Nicholson File Company in terms of dollar value and the form of payment. The form of payment may include an offer of cash, stock, debt or some combination of the payment options. Furthermore, Cooper not only has to consider Nicholson shareholders when determining what to offer, but it also needs to take into account the other 80% of the shares publicly held, including a substantial percentage of shares held by competitor H. K. Porter. As previously described, one of the challenges Cooper is facing in this acquisition is to ensure a satisfactory offer that appeals to a sufficiently broad range of shareholders with different interests. This includes H. K. Porter which currently holds about 25% of the total outstanding shares and which recently failed in its attempted acquisition of Nicholson. Also, the Nicholson family that founded Nicholson File Company currently owns approximately 20% of its own shares. The Nicholson family had also rejected Cooperaâ‚ ¬Ã¢â€ž ¢s acquisition overtures three years earlier so Cooper management is aware of how precise the offer has to be to get Nicholson ownership to sign off on the deal. Another 50% of Nicholson shares are held by speculators and by other unknown parties. Form of Payment & Dollar Value The form of payment and the parameters for the dollar value offer that may be accepted by Nicholson management is exhibited in the described failed and accepted acquisition offer in the case study of Cooper (see Chart #1 below). The acquisition offers by both H. K. Porter, $42 per share in cash and VLN Corporation, $53. 10 in convertible stock, help provide at least a range within which Cooper may tailor its offer. Based on these two offers, it appears that the appropriate form of payment should be Cooper cumulative convertible stock. The primary basis for this recommendation is that Nicholson management had already accepted an offer from VLN Corporation using convertible stock but rejected a cash offer from H. K Porter. This is consistent with Chang and Suk (1998) research which found that aâ‚ ¬? cash offers are more likely than stock offers to have termination initiated by the target firm. aâ‚ ¬? It is also believed that if Nicholson management signs off on any merger, speculators and the unknown portion of shareholders will go along with the merger. However, one negative aspect of using stock is that aâ‚ ¬? cquisitions of public targets result in insignificant bidder returns to the acquirer when stock is offeredaâ‚ ¬?. (Chang & Suk, 1998) is this a direct quote, if so we need the reference) Cooper management believes strongly that the Nicholson acquisition will not result in negative returns due to the potential improvements that can be made through simple reorganization of some Nicholson operating businesses. Also, it appears an exchange of stock is appropriate because Cooper currently only has $9 million in cash on hand and would need to incur significant debt in order to offer a decent cash offer. It already has $5 million in long-term debt due and $34 million in long-term debt outstanding, levels significant enough that may prevent Cooper management from considering a cash offer for Nicholson. Competitor Acquisition Offer Details Type of offerOffer price per shareDividendsTax FreeOffer Accepted/Rejected H. K. CooperCash$42NoNoNo VLN CorporationConvertible stock$53. 10YesYesYes VLN and Porter Offer Details Since Nicholson management has already accepted VLN Corporationaâ‚ ¬Ã¢â€ž ¢s offer, it is clear that the terms Cooper needs to offer would have to exceed those already offered by VLN. VLNaâ‚ ¬Ã¢â€ž ¢s offer included one share of VLN cumulative convertible stock for each individual share of Nicholson stock, preferred shares value at a minimum of $53. 10, $1. 60 preferred dividend equaling the current rate of Nicholson common stock, and convertible into five shares the first three years and four the fourth year. In addition, the offer was desirable since the exchange of stock would be tax-free as opposed to a cash offer. According to Dhaliwal et al (2005), to qualify as a aâ‚ ¬? tax-free acquisitionaâ‚ ¬Ã‚ ¦tax laws require that the acquirer use its own stock as payment. aâ‚ ¬? However, Cooper also has to consider the demands of H. K. Porter in order to get approval for the merger. H. K. Porter has indicated that it will not part with its shares (25% of total shares) and support the merger unless it receives aâ‚ ¬? Cooper common or convertible securities in a tax-free exchange worth at least $50 for each Nicholson share it holds. aâ‚ ¬? This demand is below the current book value of $51. 25 for Nicholson common stock, but above the $44 per share on the open market. The final consideration that assists with setting up the range for an appropriate offer that may be accepted by a simple majority of shareholders is the total value of Nicholson stock. With 584,000 shares of Nicholson File Company Stock and at $44 per share, this amounts to a total market value of $25,696,000. Therefore, in order to make the offer attractive, Cooper will have to make an offer that exceeds the market value of all of the stock but will have to ensure that the offer is not too high that it affects Cooperaâ‚ ¬Ã¢â€ž ¢s long-term plans to continue to pursue acquisitions. A basic rule for Cooper acquisitions is that they bring significant long-term returns on the acquisitions as well as steady growth in earnings per share. Recommended Offer The number of convertible shares of Cooper stock at $24, the last closing price, for each Nicholson share would have to be just above 2:1 in order to match VLNaâ‚ ¬Ã¢â€ž ¢s $53. 10 offer. So, Cooper should offer convertible stock fixed at 2-1/2:1 within the first five years after the offering. This amounts to an offer of $60 per Nicholson share. This would not only exceed VLNaâ‚ ¬Ã¢â€ž ¢s offer per share but would also help make up the deficit in dividends, $1. 40 by Cooper and $1. 60 by VLN, and make the offer more attractive to Nicholson shareholders. Overall, this offer would not only exceed VLNaâ‚ ¬Ã¢â€ž ¢s offer currently approved by Nicholson management, but would also likely gain the approval of the shares held by speculators and unknown investors. In addition, this offer meets the payment method required by H. K. Porter for its Nicholson shares, and actually exceeds the $50 minimum offer per share it had requested. As a result, it appears that Cooper should be successful persuading Nicholson shareholders and unaccounted for shareholders to accept the offer, and in return acquire at least 80% of the outstanding Nicholson shares of stock

Default Judgment Motion

IN THE UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION IN RE::CASE NO. 04-60600 : ROY JESSE LISATH,:CHAPTER 7 STEPHANIE MYLO LISATH,: :JUDGE HOFFMAN Debtors. : : SSN: (LAST FOUR DIGITS ONLY) 0486: SSN: (LAST FOUR DIGITS ONLY) 9643: —————————————————————————————————— RODELL RAHMAAN,:Adv. Pro. No. 05-02049 Plaintiff,: vs. : ROY J. LISATH, aka ROY JESSE LISATH,: Defendant. : PLAINTIFF’S RENEWED MOTION FOR DEFAULT JUDGMENT Now comes the Plaintiff, Rodell Rahmaan (hereinafter â€Å"Rahmaan†), by and through his undersigned attorney, and respectfully MOVES this Honorable Court for the entry of JUDGMENT BY DEFAULT against the Defendant, Roy J. Lisath, aka Roy Jesse Lisath (hereinafter â€Å"Lisath†), for the relief demanded in the Complaint, specifically that any judgment later obtained by Rahmaan upon those claims which are the subject matter of that certain civil action entitled Rodell Rahmaan v. City of Columbus, et al. designated case number C2-02-989, pending in the United States District Court for the Southern District of Ohio, Eastern Division, be DECLARED to be excepted from discharge upon the grounds set forth in 11 U. S. C.  §523(a)(6), namely for willful and malicious injury. This Motion renews a Motion for Default Judgment previously served and filed on March 15, 2005, denied without prejudice by this Court’s Order entered March 24, 2005. Your Movant grounds this Motion upon the Memorandum more specifically set forth hereinafter. Respectfully submitted, /s/ Daniel K. Friend Daniel K. Friend(0019648) 118 East Main Street Columbus, Ohio 43215 Telephone: (614) 221-3355 Facsimile: (614)-221-3391 Email: [email  protected] net Attorney for Plaintiff MEMORANDUM I. Introduction Rule 7055 B. R. incorporates Rule 55 F. R. Civ. P. , which in turn in pertinent part provides: â€Å"(a) Entry. When a party against whom a judgment for affirmative relief is sought has failed to plead or otherwise defend as provided by these rules and that fact is made to appear by affidavit or otherwise, the clerk shall enter the party’s default. â€Å"(b) Judgment. Judgment by default may be entered as follows:† â€Å"(1) By the Clerk. When the plaintiff’s claim against a defendant is for a sum certain or for a sum which can by computation be made certain, the clerk upon request of the plaintiff and upon affidavit of the amount due shall enter judgment for that amount and costs against the defendant, if the defendant has been defaulted for failure to ap pear and is not an infant or incompetent person. † â€Å"(2) By the Court. In all other cases the party entitled to a judgment by default shall apply to the court therefor; but no judgment by default shall be entered against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other such representative who has appeared therein. If the party against whom judgment by default is sought has appeared in the action, the party (or, if appearing by representative, the party’s representative) shall be served with written notice of the application for judgment at least 3 days prior to the hearing on such application. If, in order to enable the court to enter judgment or to carry it into effect, it is necessary to take an account or to determine the amount of damages or to establish the truth of any averment by evidence or to make an investigation of any other matter, the court may conduct such hearings or order such references as it deems necessary and proper and shall accord a right of trial by jury to the parties when and as required by any statute of the United States. † Rahmaan’s Adversary Complaint was filed with the Clerk on February 1, 2005. Service of Summons and a copy of the Complaint upon Lisath and upon his attorney Eden Renee Sarver, Esq. , was made to each on February 3, 2005, and proof of service thereon was filed upon the same date. More than twenty days have elapsed since completion of said service of process. No answer or other defense, nor any motion requesting an extension of time to respond to Rahmaan’s Complaint, has yet been filed or served upon the undersigned. Lisath is in default. See Rules 7004 and 7012 B. R. Rahmaan’s earlier Motion for Default Judgment was denied without prejudice, and the within Motion, supported by a Memorandum with attachments, provides an adequate basis for granting the relief sought. II. Summary of the Facts On July 2, 2004, Lisath filed a joint petition, together with his spouse, in this Court, commencing a proceeding under Chapter 13, Title 11 U. S. C. , designated case number 04-60600 (hereinafter â€Å"the main case†). The main case was converted to a proceeding under Chapter 7 on November 2, 2004. At the time of the commencement of the main case Lisath was a defendant in a civil action pending in the United States District Court for this district entitled Rahmaan v. City of Columbus, designated case number 02-CV-989, together with other defendants (hereinafter â€Å"the district court action†). The district court action arose originally from a re-filed civil action brought in the Franklin County, Ohio, Court of Common Pleas. The initial complaint commencing the initial civil action was filed on April 30, 1998. That civil action was subsequently voluntarily dismissed on September 13, 2001, but with the right reserved to re-file within the applicable one-year period of time (see Rule 41(A) Ohio Rules of Civil Procedure and  §2305. 19 O. R. C. ). A new civil action was commenced by re-filing a Complaint upon the same claims and brought in the same court on September 9, 2002. This re-filed action was subsequently removed to District Court on October 4, 2002 (see copy of Notice of Removal with annexed copy of Summons and Complaint attached hereto as Exhibit â€Å"A†). The district court action has not yet gone to trial, and Rahmaan was a scheduled creditor in the main case, although reflected upon Lisath’s and his wife’s Schedule F with no description as to his claim, except â€Å"notice only. † Rahmaan holds an unliquidated claim for the excessive use of force by Lisath and two other co-defendants in the district court action. All other claims Rahmaan has had heretofore against Lisath have been dismissed by Summary Judgment granted in the district court action (see copy of Opinion and Order in the district court action attached hereto as Exhibit â€Å"B†). The operative facts underlying Lisath’s claim are summarized by the Court in the district court action’s Opinion and Order, as follows: â€Å"Plaintiff Rodell Rahmaan brings various claims against the city of Columbus, Ohio, and several of its police officers, arising out of incidents which occurred at his home on April 27, 1997, and April 30, 1997. Plaintiff has been engaged in a dispute with his neighbor, James Casey, for a period of time prior to the events in question. Casey had called the police complaining of loud music coming from Plaintiff’s residence on several occasions. Plaintiff perceived this as harassment. On Sunday morning, April 27, 1997, Officer Olander Parks was dispatched on a disturbance call to Casey’s residence. Upon arrival, he observed Casey standing on his porch engaged in a shouting match with plaintiff, who was in the second story window of his home across the street. Casey reported that plaintiff was threatening him. Plaintiff admits that he did initiate a loud conversation with Casey from his bedroom window, that both of them were using profanity and that his words to Casey may have been perceived as a veiled threat. Plaintiff’s deposition, pp. 7-79, Exh. B to Defendants’ Motion for Summary Judgment. According to Officer Parks, plaintiff refused to end the disturbance, whereupon Officer Parks advised plaintiff that he was placing him under arrest and asked him to come out of his home to be taken into custody. While Officer Parks was speaking with Casey, he observed a young woman walk a large Rottweiler dog from behind plaintiff’s residence and enter the front door. While Parks was speaking to plaintiff at his front door asking him to come outside, the woman was standing behind him with the dog, and she stated, â€Å"You’re not arresting my daddy. Plaintiff refused to come outside, whereupon Parks called for assistance. Sgt. Jerome Barton and several other officers responded to Parks’ call. Sgt. Barton advised plaintiff that he was being charged with disorderly conduct and that he had an outstanding traffic warrant. Barton requested that plaintiff come outside, but plaintiff continued to refuse. Sgt. Barton saw the dog while he was speaking to the plaintiff. Sgt. Barton did not take the plaintiff into custody. Instead, he instructed him to take care of both warrants at the courthouse. Plaintiff agreed to do so. Sgt. Barton instructed his officers to depart, believing that peace had been restored. Plaintiff has a somewhat different version of his conversation with Sgt. Barton. According to plaintiff, it was his understanding that the sergeant and his officers agreed to leave in return for plaintiff’s agreement to take care of his outstanding traffic warrant, and he was unaware that he was being charged with disorderly conduct. After departing the premises, Officer Parks proceeded to the Municipal Court of Franklin County, Ohio, where he filed a complaint charging plaintiff with disorderly conduct, and a warrant was issued for his arrest. The disorderly conduct charge was assigned case number 10608-97. Officer Parks also filed a â€Å"temporary situation information report† for plaintiff’s residence address with the police dispatcher, which stated: Large Rottweiler at this location and the resident will have dog attack officers. Also, wanted person there by name of Rodell Rahmaan. M. B. , 44 YOA for disorderly. On April 30, 1997, plaintiff drove his wife to the Franklin County Municipal Court and instructed her to go inside and take care of his outstanding traffic charge. She did so, and upon returning to his car, she advised him that the clerk’s office had informed her that there was an outstanding warrant against him for disorderly conduct and that he should report voluntarily in order to avoid arrest. Allegedly believing that a mistake had been made, plaintiff decided instead to go home and watch a basketball game on television. Later that afternoon, Officers Jackson Rennie and Kyle McKeon were dispatched to plaintiff’s residence on a loud music complaint. These officers were also told by the dispatcher that the resident had warrants for his arrest, and they were advised of the content of Officer Parks’ temporary situation information report concerning the dog. Officers Roy Lisath and Joseph Murray heard the dispatch and decided that they also would respond. Officers Lisath and Rennie went to the front door of plantiff’s residence and knocked. Plaintiff answered the door and the officers advised him that they had been dispatched on a noise complaint and that they had a warrant for his arrest. They asked him to come outside and be arrested. The officers claim that plaintiff refused to be arrested, resisted arrest, and ordered his dog to attack them. Officer Lisath drew his side arm and fired at the dog. Officer Rennie fired one shot from a shotgun, killing the dog. According to the officers, plaintiff continued to resist arrest and was maced. He was taken into custody and charged with resisting arrest. Plaintiff denies that he resisted arrest, denies that he ordered his dog to attack the officers and denies that his dog did attack the officers. Plaintiff claims that he was transported from the scene of his arrest to a police substation, where he was allegedly subjected to protracted physical intimidation by the defendants and other officers while he was handcuffed to a bench. Plaintiff was charged with resisting arrest in the Franklin County Municipal Court in case number 10938-97. The complaint, signed by Officer Lisath, states: On or about the 30th day of April, 1997, [Rodell Rahmaan] did by force resist the lawful arrest of himself, to wit: Rodell K. Rahmaan in the following manner, to wit: pushed officers back with an open hand, pulled arms back, attempted to close a door on officers, called for his dog which did attack officers. On January 26, 1998, plaintiff, represented by counsel, appeared for trial on the disorderly conduct charge, case number 10608-97, and the resisting arrest charge, case number 10938-97. At that time, plaintiff entered into a plea agreement, wherein the prosecutor agreed to amend the affidavit in case number 10938-97, reducing the charge from resisting arrest to disorderly conduct. Plaintiff agreed to plead guilty to the amended affidavit, and the prosecution agreed, as part of the bargain, to dismiss the original disorderly conduct charge, case number 10608-97. Plaintiff entered a no contest plea to the amended affidavit in case number 10938-97, was found guilty and sentenced to a fine of $100 and costs, suspended for time served. A dismissal entry was filed in case number 10608-97, with the following notation: These charges are dismissed at the request of P. A. for plea in 97/10938. The dismissal entry was signed by the sentencing judge. On April 30, 1998, plaintiff commenced an action against the city of Columbus and Officer Parks, Lisath, Rennie, Barton, Murray and McKeon, in the Common Pleas Court of Franklin County, Ohio, asserting claims of false arrest; false imprisonment; assault; malicious prosecution; deprivation of unspecified constitutional and statutory rights; deprivation of rights secured by the Fourth, Fifth, Sixth and Fourteenth Amendments of the Constitution of the United States, wrongful destruction of property, intentional infliction of emotional distress, and damage to reputation. On July 26, 2000, the common pleas court granted defendants’ motion for summary judgment, finding that only plaintiff’s fourth amendment excessive force claim remained for trial. Defendants claim that plaintiff had previously voluntarily dismissed all of his state law claims with the exception of his claim for intentional infliction of emotional distress. Thereafter, plaintiff voluntarily dismissed his complaint on September 13, 2001, and filed the present action in the Common Pleas Court of Franklin County, Ohio, on September 9, 2002. The action was removed to this court on October 4, 2002. † (the district court action Opinion and Order pages 1 through 5) The district court action Opinion and Order further went on to analyze the Motion for Summary Judgment of Defendants, and concluded as follows: â€Å"Conclusion In accordance with the foregoing, defendants’ motion for summary judgment is granted in part and denied in part. The individual defendants are granted summary judgment on plaintiffs’ First through Tenth Cause of Action. The city is granted summary judgment on the Twelfth Cause of Action. Defendants Rennie, Parks and Barton are granted summary judgment on plaintiff’s Eleventh Cause of Action. Defendants Lisath, Murray and McKeon are granted summary judgment on plaintiff’s Eleventh Cause of Action insofar as it alleges the excessive use of force by these defendants at the police substation after plaintiff’s arrest. The motion for summary judgment of defendants Lisath, Murray and McKeon on plaintiff’s Eleventh Cause of Action insofar as plaintiff alleges the excessive use of force at the scene of the arrest is denied. It is so ORDERED. † (emphasis supplied-the district court action Opinion and Order page 19) Rahmaan, therefore, has one remaining claim left for trial in the district court action. His eleventh cause of action is set forth in his amended complaint (copy attached hereto as Exhibit â€Å"C†), and includes within his claims for deprivation of civil rights under 42 U. S. C.  §Ã‚ §1983 and 1985 the excessive use of force claim. Lisath and his spouse were issued a discharge of all dischargeable debts under 11 U. S. C. 727 on October 4, 2005, in the main case (see copy attached hereto as Exhibit â€Å"D†). III. Issue Presented for Decision (A)Does Rahmann’s remaining claim in the district court action for excessive use of force, if Rahmaan prevails at trial, constitute a claim or debt which is excepted from discharge under 11 U. S. C.  §523(a)(6)? (B)Has Rahmaan satisfied his burden of articulating all applicable grounds necessary for this Court to grant defau lt judgment under Rule 7055 Bankruptcy Rules? IV. Argument 11 U. S. C.  §523(a)(6) provides as follows: â€Å" §523. Exceptions to discharge. a)A discharge under section 727, 1141, 1228(a), 1228(b), or 1328(b) of this title does not discharge an individual debtor from any debt- †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. (6) for willful and malicious injury by the debtor to another entity or to the property of another entity;†¦Ã¢â‚¬  Lisath’s discharge is ineffective as against Rahmaan’s remaining claim for excessive use of force in the district court action for the reasons more fully set forth hereinafter. First, the above cited paragraph excepts debts for willful and malicious injury by the Debtor to another person or to the property of another person. Under this paragraph â€Å"willful† means deliberate or intentional. In Kawaauhau v. Geiger, 522 U. S. 57, 118 S. Ct. 974, 140 L. Ed. (1998), the Supreme Court articulated the elements necessary to satisfy the Section 523(a)(6) exception to dischargeability. An act (or omission) must be taken with the actual intent to cause injury. As the Court noted in its Opinion the word â€Å"willful† in the above-quoted subsection modifies the word â€Å"injury,† meaning that non-dischargeability takes a deliberate or intentional injury rather than merely a deliberate or intentional act which leads to injury. In In re: Markowitz, 190 F. 3d 455 (6th Cir. , 1999), the Court had occasion to apply the Geiger standard, and specifically held that the earlier standard set forth in Perkins v. Scharffe, 817 F. 2d 392 (6 Cir. , 1987), was overruled. The Perkins case had held that willful and malicious injury will occur when one intends the act, regardless of whether he intends the consequences. This test for the non-dischargeability exception for willful and malicious injury under 11 U. S. C.  §523(a)(6) similar to the defense of qualified immunity that was raised in the district court action. Generally, qualified immunity protects a police officer from being sued for his discretionary actions as long as the officer neither â€Å"knew[n] or reasonably should have known that the action he took within his sphere of official responsibility would violate the constitutional rights. . . .affected, or. . . . took action with the malicious intention to cause a deprivation of a constitutional right. . . . . † Robinson v. Bibb 840 F. 2d 349, 350 (6th Cir. , 1988) quoting Wood v. Strickland, 420 U. S. 308. , 322 95 S. Ct. 992, 1001, 43 L. Ed. 2d (1975). As the district court found, Rahmaan’s claims for excessive force were â€Å"that the defendants continued to apply excessive force even after he [Rahmaan] was completely subdued. † (the district court action Opinion and Order page 16). The district court action Opinion and Order went on to summarize that defendants were â€Å"not entitled to qualified immunity on plaintiff’s claims of excessive force at the scene of the arrest under Section 1983 because it is well settled that the use of excessive force is a violation of the Fourth Amendment† (the district court action Opinion and Order page 16). Accordingly, by its very nature, the excessive force claim of Rahmaan means that if Rahmaan prevails at trial he will have had to prove by a preponderance that Lisath took action knowing that his action would violate Rahmaan’s constitutionally protected Forth Amendment rights or with the malicious intention to cause a deprivation of a constitutional right, Rahmaan’s contention that Lisath continued to apply force after Rahmaan was completely subdued compels the conclusion that such conduct was deliberate, intentional and malicious, if proven. Certainly, it could neither have been merely negligent or reckless. Similarly, in Walton v. City of Southfield, 995 F. 2d 1331 (6th Cir. , 1993), the court, inter alia, held that the denial of qualified immunity to one of the police officer defendants was to be affirmed. As the court noted: â€Å"There are still genuine issues of material fact concerning whether Officer Birberick used excessive force in handcuffing Walton. An excessive use of force claim could be premised on Officer Birberick’s handcuffing Walton if he knew that she had an injured arm and if he believed that she posed no threat to him. † (Walton 1331, ________) In Adams v. Metiva, 31 F. 3d 375 (6th Cir. , 1994), the court had occasion to analyze a similar excessive use of force claim. The court noted that excessive force claims should be considered under the Fourth Amendment standard which is one of objective reasonableness under the circumstances (citing Graham v. Connor, 490 U. S. 386 [1989]). While the objective standard is applied without regard to the officer’s underlying intent or motivation, under the facts as summarized in the district court action Opinion and Order, it is hard to imagine that Lisath and his fellow defendants could have used excessive force once Rahmaan was subdued in any manner other than intentionally, willfully and maliciously, assuming that Rahmaan is successful in meeting his evidentiary burden at trial. A review of other authorities does not compel a different conclusion. In Steier v. Best (In re: Best), 109 Fed. Appx. 1. 2004 W. L. 1544066 (6th Cir. , 2004-unreported, see copy attached as Exhibit â€Å"E†), the Court summarized the kinds of debts or claims which by their very nature satisfy the willful and malicious injury standard of the 11 U. S. C.  §523(a)(6) exception: â€Å"intentional infliction of emotional distress, malicious prosecution, conversion, assault, false arrest, intentional liable, and deliberately vandalizing the creditor’s premises. † , Id. at. 4. The Court went on to discuss other kinds of claims that also meet this standard, noting that the creditor must prove that loss was caused by willful and malicious conduct of the debtor, that the debtor’s actions must be determined to be the cause of the creditor’s injury and that the injury must invade the creditor’s legal rights. Id. at 4-5. These tests do not differ from what Rahmaan must prove to meet his evidentiary burden in the district court action to prevail upon his excessive use of force claim. By their very nature, if Rahmaan prevails, he will have met every element described in the willful and malicious injury test. In Kennedy v. Mustaine, 249 F. 3d 576 (6th Cir. , 2001), the Court affirmed the bankruptcy court and the district court which had found a defamation claim to be non-dischargeable under 11 U. S. C.  §523(a)(6) and applied principals of issue preclusion to prevent re-litigation of whether the statements made by the debtor were defamatory, since under Michigan law they were deemed defamation per se, and therefore conclusively presumed to be harmful. It is respectfully submitted, therefore, that Rahmaan has articulated sufficient facts and provided an adequate basis by submitting the attached exhibits to show that if he prevails in the district court action on his excessive use of force claim, he will have articulated every element necessary to satisfy the 11 U. S. C.  §523(a)(6) exception by a preponderance of the evidence. See Grogan v. Garner, 498 U. S. 279, 111 S. Ct. 654, 112 L. Ed. 2d 755 (1991). Accordingly, the foregoing Motion does not suffer from the defects similar to those discussed in Cripps v. Life Insurance Co. of North Am. , 980 F. 2d 56 (2nd Cir. , 1990), cert. denied, 499 U. S. 929 (1991) or Kring v. Citibank (In Re: Kring), 208 B. R. 73 (B’cy. S. D. Cal. , 1997). Annexed hereto as Exhibit â€Å"F† and made a part hereof is the Affidavit of John A. Yaklevich, establishing that Lisath is not an incompetent person or an infant, and also not in the military service, all as required by B. R. 7055 and by the Servicemembers Civil Relief Act of 2003, amending and restating, the Solders’ and Sailors’ Civil Relief Act of 1940 (50 U. S. C. App. 501, et seq. ). The Motion should be granted and judgment entered accordingly. Respectfully submitted, /s/ Daniel K. Friend Daniel K. Friend(0019648) Attorney for Plaintiff CERTIFICATE OF SERVICE I hereby certify that true and accurate copies of the foregoing Renewed Motion for Default Judgment were mailed by ordinary U. S. Mail, postage prepaid, to the following parties in interest at the addresses shown immediately following on _________________: William B. Logan, Jr. , Esq. 50 West Broad Street, Suite 1200 Columbus, Ohio 43215 U. S. Trustee 170 North High Street, #200 Columbus, Ohio 43215 Frank M. Pees, Chapter 13 Trustee 130 East Wilson Bridge Rd. , #200 Worthington, Ohio 43085 Roy J. Lisath, aka Roy Jesse Lisath 2065 Penhook Avenue Lewis Center, Ohio 43035 James E. Nobile, Esq. Nobile, Needleman & Thompson, LLC 4511 Cemetery Road, Suite B Hilliard, Ohio 43026 /s/ Daniel K. Friend Daniel K. Friend(0019648) Attorney for Plaintiff

Finance and accounting Essay Example | Topics and Well Written Essays - 2500 words

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Uses Cases - Assignment Example The withdrawal transaction begins by a customer inserting his or her Bank Card into the card slot of the ATM. Then a user validation process is performed on the basis of the card ID and the customer’s PIN. After validation, the a display screen is provided containing the available set of operations. In this scenario, the customer has directly selects â€Å"Withdraw Cash†. The ATM screen displays prompts for an account type. The selects the desired account type from the available Menu. This is immediately followed by screen for the user to input the required amount of money. All this information falls under the withdrawal use case. That is, the Bankcard ID, PIN (Personal Identification Number), account type and amount, which is then sent to the Bank as a requested transaction. The Bank then replies with a go-ahead or not reply. Upon successful approval the customer’s money is made available by the dispenser. The ATM then ejects the card and Prints a receipt. It is essential to indicate that this use case is based on the assumption that a user makes a direct and successful withdrawal. However, there are some alternative flows caused by conditions such as Wrong PIN, Invalid or Expired Card, Invalid Account type and Excess withdrawal Amount. The second diagram is a use case dependency for making an account deposit. As indicated in the use case diagram below, this is another highly technical procedure in the design of an ATM service machine. The preconditions are same as for withdrawal, which is a customer and Bank. The following is involved in the execution of an account deposit transaction. The transaction initiates by a Bank Customer inserting his or her card. This is then followed a provision of display screen by the ATM prompting a user PIN, which is integrated as the validation use case. It uses the card ID and PIN to authenticate its use. The machine displays a screen

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Encryption of data in transit and data at rest - Research Paper Example Encryption in the field of computer security is a process that allows users to encode their data using a certain key or a certain algorithm. Through the use of encryption a user is able to enhance the security of his or her data. Even though encryption of data does not necessarily restrict the access of data it however does ensure that a hacker is not able to interpret encrypted data and hence use it for personal benefit. Encrypted text is usually referred to as cipher text whereas unencrypted text is referred to as plaintext. Encryption is usually made use of for two basic data types, data in transit and data at rest. Data in transit usually refers to data that is on the move, whereas data at rest refers to stored static data that is used on a few numbers of machines. Encrypting data in transit is usually carried out through the use of private and public keys. Private keys are usually made use of to encrypt the main data that is important to a particular organization or to a particular user. The sender usually makes of an encryption key that only the receiver is aware of. The receiver then makes use of the same key to decrypt the information that is provided by the sender (Salomaa, 1996). Public key on the other hand, is used to facilitate the exchange of the private key. Public key is made use of to encrypt the private key. The sender of the data asks the receiver to provide him or her for an encryption key. The key is then used by the sender to encrypt the message. Once the message is encrypted, its decryption can only be carried out by the receiver (Salomaa, 1996). When it comes to securing data at rest, there are two basic process that can be used, encryption and authentication. Encryption to data at rest can be applied at a small scale, such as to a sensitive file, or it can be applied at a large scale, for example to the complete contents of a device (Scarfone et al., 2007). The type of encryption technique that is

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Critically Analysing Texts - Essay Example For instance The Times positioned a large photograph of the suspect below its caption reminding the audience of the parents’ source of relief. The suspect’s picture looks more like a mug shot, a sublime indication that the suspect is guilty as charged. The Sun positions a photograph of the girlfriend with the murder suspect in happier times. The picture itself is suggestive of an ordinary man and certainly not a portrait of a killer. A picture of the victim however is placed in the article, but smaller, yet provides contrast. The victim’s picture is plain and reveals very little about the kind of person she might have been. Most of all, the picture could easily be a routine snapshot taken for identification documents as it does not create an impression. Interestingly a suggestive ad for sex therapy sits alongside the victim’s picture. In any case, the rather bland picture of the victim and the continuous informal use of her name throughout the article come s across as an intention to present an average, somewhat unsympathetic individual. The term â€Å"average Jo† invariably comes to mind and could either create sympathies or create detachment. A picture of the suspect’s mother and brother also appear on the last page of the article, but with far less ambiguity than the picture of the victim. The image captures drawn and saddened faces, under which the caption reads: â€Å"Angry†¦mum Sonja and brother Marcel.† The article in The Times is more cohesive in its layout in that it tells a story that is easy to follow. The connection begins with a caption that clearly directs attention to the content of the article. The caption reads: Yeates Parents Tell of â€Å"Enormous Relief† at Murder Charge. Thereafter, the article reads like a narrative with facts integrated to ensure that the reader knows why the Yeates parents relieved. For instance, upon informing the audience that the parents of the murder victim are relieved, the writer immediately names the suspect, and identifies him as a neighbour of the victim and reveals that he was arrested and will be formally charged with their daughter’s murder. The article appearing in The Sun however, is not as cohesive and as such it is more difficult to follow. The caption itself is confusing and reads: Girlfriend: I Stand by Jo Accused. Unlike The Times, the language in The Sun’s caption is informal and does not read like a complete sentence. The reader’s curiosity is therefore aroused immediately, although the opening lines to the article dispels that curiosity by informing who Jo is. The caption is misleading however, as once the reader completes The Sun’s article it becomes clear that the murder suspect’s girlfriend did not directly state that she was standing by her boyfriend. This message was conveyed through the murder suspect’s family. Like its caption, the language in The Sun is also informal a t times. This register however, is indicative of the kind of audience that The Sun intends to reach. For instance law enforcement are referred to as cops at least twice and in one instance, the term is used in the context of investigators’ decision to make an arrest. This tends to suggest that the decision to make an arrest was made lightly. At another point, a public relations professional is referred to as â€Å"PR man†. This use of colloquialism is clearly intended to reach a

South Koreas Constitutional Court Essay Example | Topics and Well Written Essays - 500 words

South Koreas Constitutional Court - Essay Example As such, the judicial court systems operate independently despite the profile of the case or the people involved. The constitution in the US caters for the restriction of gun and marijuana. The national fire arm act (1934), the gun control act and the Brady bill among others stated the rules and set regulation of ownership. However, in 2009, the US begun considering a review of these regulations just like in South Korea. The motive behind the gun control, however, is more political and elite influenced than neutrally viewed. For instance, Chicago mayor Daley’s protection is catered for by the taxpayer’s money in hiring the bodyguards, but the citizens are denied by law to defend themselves using guns. The drug controls on the other side in the US traffickers are hunted down more than the users. It is evident that the elites who take part in most court cases have political motives rather than the quest for justice. As for this issue, a politician may decide to pick on a case in court for the purpose of gaining political ground or fame. Cases in Korea of such kinds arise when there is disagreement between different parties or individuals in the line of politics (Dae & Tae-gyu, 1990, p. 138). As such, the constitution is often defied by the political systems. In the US, this is not the case. The influence of â€Å"parties† is not let in any way except for the amicus curiae in common terms â€Å"friend of the court† This requires filing. Court is viewed as an option in the effect that the political influence is hindered. When the political strong holders cannot have any influence in achieving their interest, the court can be used in ensuring balanced justice. In the case of varied opinion on issues under controversy, the political influence and interest may overpower any other option. Taking an example of the gun ownership and marijuana use in the US, the political sides have always been against them thus influencing most cases in court.

A narrative account of a multilingual informant Essay

A narrative account of a multilingual informant - Essay Example Thus, this essay aims to utilize both primary and secondary sources and also online information to delineate comparisons, inconsistencies, gaps and flaws that are linked with blended communities. To begin the multilingual informant is known as Chinedu. He is multilingual speaker who practices at least three distinct languages within her community which is Igbo, Swahili and Pidgin. Beardsmore (2008) asserts that multilingual speaker communicate in divergent languages in their daily lives whether it’s in relation to their profession, education, family et cetera. This is because there is a special function of language they utilize, such as at home the distinct language mother tongue is most commonly used to communicate with their family, while if it concerns communication outside family life, especially at workplace they will speak in standard English as it is an official language used for internal an office administration. Chinedu was sent to Britain right after he graduated fro m college. But before he first came to Britain at that time, he had studied English for more than three, and yet he could not speak English at all. In order for him to speak English better, he was extremely fascinated about moving to the United Kingdom. He expected his teacher would teach him English so that he could how speak English. Although he never enjoyed English learning in Nigeria, he always adored his English teacher who had a lot of knowledge of English grammar and sentence structures that assisted him learn English. They taught him their secret skills in memorizing vocabularies is a systematic way, and they taught him how to asses sentences to right answers on a test without comprehending the meaning of the texts. There are many diverse multiplicities of diversity in the UK and Britain is now viewed as a multilingual community. A lot of individuals have come to this place for many sophisticated reason ranging from seeking asylum, employment chances, and education to suppo rt a better way of living. For that reason migration is transforming the linguistic landscape of Britain. The increase in immigrants coming from South Asian, Afro Caribbean and also Commonwealth countries has had a huge effect on what British speak, with languages from those areas seeing sharp increase in usage (Edwards, 2004). Most of the members of the communities are former British colonies. Those immigrants have immigrated to Britain and have created communities with other members with similar interests in connection to culture, religion and customs to fit and to have a sense of belonging. The community that Chinedu found himself in is a community which was created by individuals who migrated in search of better education or employment opportunities. Diasporas is seen as a community of individuals who are bound by some shared history, race or religion. Diaspora brings together communities which are not rather nation, not really religion, not really homesickness, yet they still h ave something to do with nation, religion, longings for homes which might not even exist. These are collectivities and communities which go beyond geological spaces and historical experiences. There are huge numbers of individuals who exist in one place and yet they feel closely related to each other. Thereby, there a lot of ways in which communities are created and this might be through language, music, culinary tastes, religion and so on (Lueng et al., 1997). Chinedu

Why did the Macmillan administration chose to opt for EC membership Essay

Why did the Macmillan administration chose to opt for EC membership - Essay Example The treaty worked to free the movement of goods, services, capital and labor between its member nations. In 1960, as a result and in an attempt to destroy or absorb the proposed EEC common market, the U.K. and Sweden created the European Free Trade Association (EFTA). EFTA was an attempt to conserve Britains role and economic position which was remotely attractive to major Western European states. In 1963, the Prime Minister of U.K., Harold Macmillan, decided to change Britain’s foreign policy towards the European Community and attempted to join EEC. He suggested to unite the member countries of EFTA with ECC to incorporate all of Europe but France vetoed further talks. Macmillan saw that the exclusion from EEC was damaging to Britain both economically and politically. The following sections will presents the reasons why Macmillan’s administration chose to opt for European Community membership. To maintain Britain’s world role in the face of economic enervation, Macmillan did not follow Anthony Eden’s policy of reliance on the United States. He evolved the British strategy to include a new relationship with Europe to complement the increasingly unreliable American proxy (Ruane & Ellison 2004:1). Eden’s administration saw that the maintenance of the British extended empire placed a burden on the countrys economy beyond its resources. They manipulated a foreign policy to ensure that the country’s strength was equal to its obligations. They aimed to persuade the U.S. to assume burdens of an international defence organization while retaining for Britain as much political control as possible. This was the only solution Eden came up with to spread the burden of two major obligations for which Britain currently bore primary responsibility. In January 1957, the Suez Canal crisis brought down Prime Minister Eden and caused his resignation to be succeeded by Harold

Posttraumatic Stress Disorder Essay Example for Free

Posttraumatic Stress Disorder Essay Posttraumatic Stress Disorder side effects may take years to show up, they are debilitating to the victims everyday life. A soldier with PTSD may experience emotional outburst, find it hard to communicate with others. Panic attacks, sleeping disorder, and flashbacks are a few of the major side effects. The soldier often will feel guilty which makes it difficult for them to adjust back into civilian life. Not knowing how to reunite with friends and family often lead to sever depression and suicide. An incident that may remind the soldier or their trauma can send them into a sever panic attack which may take days or weeks to recover from. It is said a soldier with PTSD is never truly home, there are always demons around every corner. The military teaches our soldiers how to fight, how to kill and how to survive. But who teaches them how to live with themselves? Soldiers are returning in large volumes with PTSD but are not being treated for their disorder. Posttraumatic Stress Disorder (PTSD) is an anxiety disorder that can occur following the experience or witnessing of a traumatic event. A traumatic event is a life-threatening event such as military combat, natural disasters, terrorist incidents, serious accidents, or physical or sexual assault in adult or childhood. The fight or flight response is what we know happens when one is afraid. Your body is releasing adrenaline, raising you heart rate and releasing glucose to muscles allowing you to respond quickly. Once you are out of the fearful situation you release a hormone known as cortical allowing your body to calm down. In a sever trauma you may not release enough cortical so your body stays under a great deal of stress. Then the victim may produce a high level of catecholamine which is a stimulating hormone. When reminded of the trauma this hormone kicks in. Mason JW, Giller EL, Kosten TR) One out of ten Americans involved in a sever trauma event causes a cascade of psychological and biological changes known as post-traumatic stress disorder. Soldiers returning from wars throughout the years were not able to adapt back in to civilian life. Doctors now understand the severity of this disorder and our addressing to the best of their abilities. To receive the diagnosis the victim must have been in a situation in which they were afraid for their safety, feel horror, or feel helpless. The more terrifying the trauma is, increases the chances of the victim developing PTSD. Victims diagnosed with PTSD can prevent them from working; affect their relationships, and causes great difficulty being a good parent. (Allen IR PTSD) Anxiety is a normal reaction to stress. It helps one deal with a tense situation in the office, study harder for an exam, and keep focused on an important speech. In general, it helps one cope. But when anxiety becomes an excessive, irrational dread of everyday situations, it can become a disabling disorder. Posttraumatic Stress Disorder is not a black and white diagnosis, some the symptoms may be present right away however in others it can manifest years later. For some, the symptoms can be managed with therapy and others the symptoms are disabling. Many traumatic life experiences cause many emotions, such as guilt, anger, and fear. However it normally starts to improve in a short period of time, when these feelings or symptoms do not improve or get worse you may have Posttraumatic Stress Disorder. Reliving the trauma can cause flashbacks and nightmares. Flashbacks are the Soldier or Victim actually mentally transporting back in time to the actual event. They can see, hear, smell, taste, and feel every sensation they experienced during the actual trauma. In their mind they are reliving the event in every shape and form. Nightmares is when the victim is sleeping as their brain slows down and enters into a dream state the trauma comes back to them in a nightmare. Just as in the flashbacks in their mind they are right back in that horrific trauma. Many times they will wake up yelling, swinging their arms, threatening or injuring anyone nearby. PTSD victims also may experience hyper arousal which is a state where a minor act will bring them back to the trauma. It can be as little as a child crying, thunderstorm, or a smell, this can cause a massive reaction from the victim. Men have been known to hi the ground, roll under cars, or even become very violent with a near by person. Another symptom of PTSD is always being on guard, getting startled easily, irritable, and anxious. Victims find it hard to concentrate on their current life they are always ready for that bomb to go off. This will cause lack of sleep which in return causes physical pain, muscle tension, and even heart problems. Many will never talk about their issues; it is too painful to speak out loud what is causing them so much pain on the inside. This causes many family problems and the issues just keep spiraling out of control. For some it may even lead into the thoughts or act of suicide. Many may think that since the increased amount of PTSD victims are returning from war the VA administration would step in and support them. Knowing all of this the support is not there. The VA’s track record nearly to void benefits for the victims, they are not or willing to deal with the large influx of affected Iraq veterans, who are left to deal with their illnesses alone. Judging by its recent actions, VA does not seem interested in changing to fit the needs of the new veterans. The benefits have increased in the recent years from one point seven billion to four point three billion, however the victims that are mostly benefiting from the increase is Vietnam veterans, not Iraqi veterans. (Uhl). Iraq veterans remain widely overlooked, and are coming back in record numbers with severe mental illness. This is a serious problem, since it’s expected that the number of PTSD sufferers from Iraq will exceed the number from Vietnam. Treatment and support are critical to your recovery. Although your memories won’t go away, you can learn how to manage your response to these memories and the feelings they bring up. You can also reduce the frequency and intensity of your reactions. Although it may seem painful to face the trauma you went through, doing so with the help of a mental health professional can help you get better. There are different types of therapy which are necessary to get back on the right track. There is cognitive behavioral therapy, which helps you change the thought patterns that keep you from overcoming your anxiety. Exposure therapy, where one work with a professional, to help confront memories and situations that cause the distress. Cognitive Processing Therapy, which is where you process your emotions about the traumatic event and learn how to challenge your thinking patterns. Another type of therapy is psychodynamic psychotherapy, where you focus on identifying current life situations that set off traumatic memories and worsen PTSD symptoms. (National Center for PTSD).

How Advertisements Have Changed

How Advertisements Have Changed Over the years, advertisements have been a vital factor in the promotion of products and services. It is a pervasive phenomenon that generates income through marketing and at the same time, strengthens the business of selling and trade. On another basis, advertising lays the foundation of persuasion and influence as the subconscious grounds for the so-called purchasing power of its targeted consumers. With this notion promulgates the concept wherein media plays a fundamental role in relaying and disseminating these messages of sale and trade to a large volume of people. Indeed, advertising is not merely on the propagation of profits but as well as an artful presentation of merchandise, requiring the creativity and deep comprehension on the part of the advertising media. More than these, advertising has become an important channel to showcase and provide the basic needs, wants and desires in the day-to-day lives of the human entity. It has endowed comfort in acquisition either with the use of print, radio and television; even offering an opportunity to choose among the many variations and options of goods that will suit the buyers preferences. There lies the use of communication through advertising that also portrayed a role affecting the economic state of a certain nation. However, in the decades of time undermines the different issues faced by advertising despite its effectiveness in sales and income generation, and even in bridging the gap between the person that has something to sell and the person that will gain the advantage upon purchase-for it has illustrated various societal issues, especially concerning women. Women have become subjects of negative conceptions in the presentation of this creative and persuasive venture that indeed requires profound analysis to further understand its meaning. Thus, women have continuously been undervalued perhaps severed by wrong images delivered by media itself. The Axe Product Print Ads The Axe brand of products has always been participative when it comes to issues concerning women-as the subject of its so-called Axe Effect since its target market is men. The cologne brand is blatant in showcasing various images of women that usually falls under censorship-for obscene body exposure, wherein men using Axe can instantly call the attention of women by its long-lasting, powerful and triggering fragrance-considered as the products selling proposition depicting that if men use Axe, they will always get what they want when in comes to women, and even sex. As to this notion lies the portrayal of sexy, flirty or perverted ladies that may be seen in sensual and erotic scenes, more felt in television commercials. But, this kind of aura Axe represents is also manifested in other advertising forms, even in print ads as shown in this figure-an almost naked individual tempting men to cleanse her, where in fact the said body wash is really intended for men use. Her voluptuous and perfectly curved body seemed to be an appetizer in every mans table, ready to be taken inside the bathroom as to where the product should be used, by what the background says and what the image tells it. Her hands are even positioned as if she is very much ready to take it off, for a more enticing shot and by just looking at it, one can draw lustful assumptions. The dirt covering her body can even penetrate another view, wherein women can be concluded as to either unclean or usually involved in filthy activities most especially when it deals with men. Furthermore, the tagline Get Dirty seemed to have supported this observation. It is also of personal interrogation as to what is really the significance of placing more emphasis on this ladys dirty body rather than the shower gel product-for it seemed like the body is being advertised not the brand. On another perspective, it is said that Axe also has a turning nice girls naughty factor as again brought upon by its advertisements  [1]  which is clearly seen in this picture. The said Axe Effect is being highlighted in this portrait of a nun, with a clip on her nose as if indicating a threat-a way of awareness to be cautious of what this cologne can do that might even go below the belt-and worst leading her to sin. The sad face shows remorse and regret from the opportunities she might enjoy if it happens that she is privileged to smell Axe. Perhaps there is an indication that she wants to at least take the clip off and experience humanly satisfactions that are clearly against her chosen devotion and vocation. This indeed has the greatest impact of Axes ideology in making women turn into something unusual, by having the religious image as its model for she is known of the highest form of nobility and goodness. Certainly, it is degrading on their part since they are usually perc eived as holy and almost imperfect as implied by their religiosity and thus stereotyping is implicated. Moreover, the picture used by Axe commercial opens another impression that women are more capable of sinning, regardless of what culture she belongs and what her role is in the society she lives. Culturally undertaken, men have more acceptable tendencies if in part they have committed sin whilst the women face more societal rage on her imperfections. Womens Advertising Images through the Decades: 1960s If one is to take a closer look in the first print ad, images of how the instant party doll is being used suggests that women are also seen as toys that can be brought anywhere, anytime. If this is an inflatable toy for party occasions, does it only have to be a female with a 40-20-40 statistics? Does that mean that only the men are allowed to be present in parties, and if not, why only make a female doll to be used as an object of fun? Mistakenly, the picture can be seen as a real lady exposing her perfectly-shaped body, seemingly creating a magical tone as she is being held by a magician. The second picture is likely seen as the scenario in the Biblical story of the first indulgence of man-with Adam, Eve and the advertised ham as the apple. The inscriptions held by the devil character, To build a man trap: fill picnic basket with Underwood Deviled Ham sandwiches manifests that women are the perpetrators of sin and the source of evil temptations which draws men to their sinful natur e. Lastly, the third print advertisement connotes double meaning that is apparent in the inscriptions of big and the first taste will tell you why, wherein there lies to be a hidden agenda on the expression of the female representative towards a man who unrealistically carries a huge bottle of whiskey. Womens Advertising Images through the Decades: 1970s These stills describe change in the images of women through the years and somehow elicit proof in the context of how women are viewed from demure and simplicity to liberalism and sophistication. The first picture suggests that change as taken from the perfumes copy Things dont happen the way they used to. But they still happen. It is somehow supported by the picture making the act of kissing a usual activity that can be done anywhere or anytime, most especially if this particular scent is being used letting women fall helplessly unto the hands of men. The second image educes class and style that can be seen by the womens status quo; but at the same time also manifests dependence on vices like smoking, alcohol as indicated by the statement I know the honeymoon was over when he stopped ordering me Chivas Regal. and even men. In line also with the cigarette commercial, the third print advertisement signifies men and cigarettes as again the object of desire among women. What is alarming is the No woman ever says no to Winchester. which either points to the product or the men in general; where the women in different races are of no exception and also allowing polygamy as natural activity. Womens Advertising Images through the Decades: 1980s The advent of color made the advertising medium a more creative and effective means of persuasion. Unlike the other years, the 1980s welcomed a more improved look on print advertisements when in comes to picture and physical quality. However, underlying messages concerning women continue to rise as with the years to follow. The first image again showcased skin and body that can now have an effect on both the male and female consumers. The same goes with the third picture, that even if there is a more emphasis on the acceptance of having cigarette smoking as a feminine activity, the concept of being slim and sexy both conveys to the female market. Thus the idea of being thin and skinny-both portrayed by the tanning and cigar brands-somehow inculcates a definition of perfection that permit the female viewers to imitate what they see. Meanwhile, the second still reflects discrimination; however no gender biases can be justified since the product is directed towards women. Initially, the primary concern points to the dignity of the worker, painstakingly shoveling the raw material in order to make the final product, and the efforts seemed to be underrated and degraded by her own kind as three legs insensitively stood over her. Racial and color preconceived notions are also taken emphasis. Findings and Conclusions Although television is considered as the most effective medium in advertising, this study values the role of print medium as a primary source in conveying different messages that of which the general public is concern. However, despite televisions efficiency, the main grounds of womens issues do not merely lie on the medium use alone, but of how women are being portrayed and presented. Among these images of women in different time capsules, it is generally concluded that they have become subjects of sexual desires and seductions, although it is not yet fully apparent in the early days, because at some point, women are viewed to be an artificial matter compared to the naturalness of men  [2]  , as more portrayed in the fashion scene. This is an obvious indication among presented Axe print advertisements that despite it is directed towards men, there seems to be an unnatural association of women as further seen in the early days of print advertisements although it is not obviously implemented. There seemed to be an urge for domination over men but it is somewhat hidden under a visual portrayal of men as having a more pleasurable gain-as if they are the constant desire in every womans dream. Aside from this, women have continually been affected by their own representation in the media when it comes to weight and health issues. It is mostly indicated that images of being thin and sexy have constantly influenced and replicated the post-modern age of women making them vulnerable victims of bulimia and anorexia  [3]  , as most studies have resulted. On another light, the historical factors have contributed on the issue of discrimination that either involves different groups and sectors of women. Overall, womens image have been regarded as an important and powerful attribute  [4]  to the advertising world as to why it continues to suffer in the real world and living, as an effect in the medias representation of them.

An Urge to Write :: Personal Narratives Writing Essays

An Urge to Write Everyone seems to have a reason for liking or disliking writing. It seems to stem from past experiences, or things writing has done for someone or not done for someone. For me, writing is a privilege and I enjoy writing immensely. It’s hard to put my finger on one distinct reason I take pleasure in writing but I think one of the causes for my appreciation of writing stems back to about two years ago. I was a sophomore in high school, and it was basically a tradition that my friend Jess and I would get together sporadically on various Friday nights. She would come to my house in the early evening hours, and we would start our walk. As soon as we would turn the corner of my block I’d light up my cigarette and we’d begin our recollection of the week’s events. On one particular Friday in October we began our walk as we had any other. The air had a cool brisk quality about it but we weren’t really bothered by the sudden chill and just kept walking. We walked throughout town for a few hours just walking and talking, laughing and acting hysterical and crazy over the most minute details of that week’s happenings. We walked till the street lights shown bright on the black streets before us and then we went to our usual stop after our walk. We entered the restaurant just like we had so many times before. We took our seat at the regular booth with the torn vinyl and wooden sides etched with the signatures of the many who had sat in the booth before us. The air reeked of grease and cigarette smoke and was polluted by the sound of senseless chatter from the thirty or so people that crowded this tiny room the size of a large closet. Yet, neither the smell, or the noise or the dà ©cor of dollar bills littering the walls bothered us. This was our tradition as corny and juvenile as it was we knew we would always treasure this special and unusual little place. We sat at our little booth and began our own little chatter fest there.

The Prince :: essays research papers

Born in Florence on May 3, 1469, Machiavelli entered government service as a clerk and rose to prominence when the Florentine Republic was proclaimed in 1498. Machiavelli was an upright man, a good citizen, and a good father. He was not by any means a faithful husband but lived in affectionate harmony with his wife, Marietta Corsini (whom he had married in the latter part of 1501), and had five children by her. He loved his native city "more than his own soul," and he was generous, ardent, and basically religious. He was secretary of the ten-man council that conducted the diplomatic negotiations and supervised the military operations of the republic, and his duties included missions to the French king (1504, 1510-11), the Holy See (1506), and the German emperor (1507-8). In the course of his diplomatic missions within Italy he became acquainted with many of the Italian rulers and was able to study their political tactics, particularly those of the ecclesiastic and soldier Cesare Borgia, who was at that time engaged in enlarging his holdings in central Italy. From 1503 to 1506 Machiavelli reorganized the military defense of the republic of Florence. Although mercenary armies were common during this period, he preferred to rely on the conscription of native troops to ensure a permanent and patriotic defense of the commonwealth. In 1512, when the Medici, a Florentine family, regained power in Florence and the republic was dissolved, he was deprived of office and briefly imprisoned for alleged conspiracy against them. After his release he retired to his estate near Florence, where he wrote his most important works. Despite his attempts to gain favor with the Medici rulers, he was never restored to his prominent government position. When the republic was temporarily reinstated in 1527, he was suspected by many republicans of pro-Medici leanings. Machiavelli's methodology involved the empirical observation of human nature and behaviour, which he believed to be changeless. His deep feelings about the degradation and corruption of Italy at his time led him to put his hope into the daring and the violence of a great man who would exercise power ruthlessly but with prudence. Power, Machiavelli apparently believed, legitimized the state, if rationally applied, by a man able to manipulate the people and use the army for his own purposes. In his quest for a "new prince" and a new principle of policy he knew that he was opening "a road as yet untrodden by man.

The Effects of Alcohol on the Prenatal Development of Infants

Numerous studies have already proven that alcohol intake during pregnancy results in adverse effects to the physical and mental development of infants. Most of these outcomes begin while the baby is still in the womb, and will continue to manifest as the child grows into adulthood.Some of the effects of maternal alcohol consumption during pregnancy include low birth weight, miscarriage, stillbirth and Fetal Alcohol Syndrome (FAS). FAS, in turn, has been linked to skeletal abnormalities, cardiac defects and genitourinary malfunctions (Damgaard, Jensen, The Nordic Cryptorchidism Study Group, Petersen, Skakkebà ¦k, Toppari and Main, 2007).The Deadly BrewAlcohol is a beverage that can be produced by fermenting several plant products, such as corn, grapes, apples and potatoes. The process of distillation increases the alcoholic content of a fermented beverage, resulting in â€Å"hard liquour† like whisky or rhum. Ethanol is the type of alcohol found in beverages. It is composed of relatively small molecules that the body easily and quickly absorbs (Fredrickson, Nolen-Hoeksema, Loftus and Smith, 2003).Deadlier EffectsOnce an alcoholic beverage is swallowed, it proceeds to the stomach and the small intestine – organs that have large amounts of small blood vessels. These blood vessels carry ethanol molecules into the bloodstream, where they are rapidly absorbed by other organs in the body. Alcohol has the most immediate effect on the brain, as it receives a substantial amount of blood that the heart pumps. In addition, the brain’s fatty tissue absorbs alcohol very well (Fredrickson, Nolen-Hoeksema, Loftus and Smith, 2003).Toxic Components.Alcohol is composed mainly of carcinogencic substances. In 1998, the International Agency for Research in Cancer (IARC) claimed that beer, wine and spirits contain both known and suspected human carcinogens such as acid aldehyde, nitrosamines, aflatoxins, ethyl carbamate (urethane), asbestos and arsenic compounds . A 2001 study regarding the rise of breast cancer fatalities in the United States revealed that women who drank at least one alcoholic beverage daily increased their risk of having breast cancer by 10-30% (Calle, Feigelson, Robertson, Thun and Wingo, 2001).A 1999 study among Puerto Rican men and women, meanwhile, proved that drinkers of alcoholic beverages were more prone to cancers of the oral cavity and pharynx (excluding lip and nasopharynx) than those who do not (Brown, Fraumeni, Harty, Hayes, Kleinman, Bravo-Otero and Winn, 1999).Alcohol and the Developing FetusAccording to the article Does Alcohol Increase the Risk of Preterm Delivery? (2000), â€Å"preterm delivery is an important contributor to neonatal morbidity and morality† (Jà ¸rgen, Kesmodel and Olsen, 2000).Given the aforementioned harmful components and effects of alcohol, it is only a matter of common logic to assume that pregnant women who drink while expecting will give birth to children who will either di e early or will have to live with serious health problems for the rest of their lives. What is dismaying is that alcohol intake during pregnancy is a preventable cause of birth defects and illnesses and infant death. Below is an elaboration of some of the effects of alcohol on the prenatal development of infants:Premature DeliveryAccording to Theresa Kellerman, founder and director of the FAS Community Resource Center (an Arizona-based organization helping individuals and families that are affected by Fetal Alcohol Syndrome and Fetal Alcohol Spectrum Disorders), alcohol intake during pregnancy exposes an expectant mother to other forms of high-risk behavior, which, in turn, result in premature labor.These risk factors include sexually-transmitted diseases (STDs), physical abuse, drug abuse, lack of prenatal care and poor nutrition.Women who abuse alcohol while pregnant are also more likely to engage in substance abuse during pregnancy. They are also more prone to get into abusive re lationships, which often result in physical abuse and the transmission of STDs. Furthermore, alcohol interferes with the body’s ability to absorb and process nutrients. Denial over their drinking problem prevents alcoholic pregnant women to seek treatment (Kellerman, 2006).Miscarriage and StillbirthAlcohol consumption during pregnancy – regardless of the amount consumed – can result in miscarriage and stillbirth. Alcohol is a teratogen, a substance that impairs normal fetal development and may result in miscarriage, birth defects and pregnancy complications (Bower and Elliot, 2008). Even fathers who drink may be responsible for their wives’ miscarriage or giving birth to stillborn babies.Although males can produce sperm throughout their lifetime, sperm cells, just like other cells in the human body, age – the effects of excessive drinking are more profound on older sperm cells than on younger ones. As a result, men who drink (even if they are marri ed to non-drinkers) are more likely to produce an unhealthy embryo (Saey, 2008).ConclusionIndeed, health is wealth. No amount of expert medical care can replace the joy and freedom of good health. Furthermore, no society will prosper if its members are plagued with various health problems. Therefore, every individual must take it upon himself or herself to stay healthy by assuming a healthy lifestyle. By having good health, a person will not only be able to become a functional member of society – he or she will be able to produce healthy offspring that are capable of continuing or even improving society’s achievements.ReferencesBrown, L.M., Fraumeni, J. Jr. F., Harty, L.C., Hayes, R.B., Kleinman, D.V., Bravo-Otero, E. & Winn, D.M. (1999). Tobacco and Alcohol Use and Oral Cancer in Puerto Rico. Cancer  Causes and Control, 10, 27-33. Retrieved June 22, 2003 from JSTOR.Bower, C. & Bower, E.J. (2008). Alcohol and Pregnancy: The Pivotal Role of the Obstetrician.Australian and New Zealand Journal of Obstetrics and Gynecology, 48, 236-239. Retrieved June 23, 2008 from EBSCOhost.Calle, E.E., Feigelson, H.S., Robertson, A.S., Thun, M.J. & Wingo, P.A.. (2001). Alcohol  Consumption Increases the Risk of Fatal Breast Cancer (United States). Cancer Causes and Control, 12, 895-902. Retrieved June 22, 2008 from JSTOR.

Achilles and Odysseus Essay

It is not unknown that people look up to heroes and even try to emulate their actions; however, there is a relevant question that needs to be asked in order to facilitate a thorough understanding of what differentiates a hero—from someone who is merely fighting for himself. According to Aristotle’s Politics (9), â€Å"[†¦ ] he who is unable to live in society, or who has no need because he is sufficient for himself, must either be a beast or a god: he is no part of a state. † While it may not seem to be rather obvious, but this particular line in Aristotle’s Politics tacitly implies that men who possess extraordinary characteristics and goals, such as heroes can be compared to either gods or wild animals. Since they are heroes, they do not need the help of other individuals (self-sufficient) and are detached from their community, they are not different from wild animals. While it can be said that the epic heroes discussed in this particular critique have contributed to their respective time and place, it is necessary to look at how they were able to contribute, and whether such contribution, indeed, was something deserving of praise and adoration. If one is to analyze Achilles and Odysseus in light of Aristotle’s philosophy, it would be realized that there is much more to a hero than just defeating his adversary. There is a difference with what makes a person a hero, a god, and a beast. Discussion: The Comparison Between Achilles and Odysseus According to John Miles Foley’s A Companion to Ancient Epic (77), a comparison between Achilles and Odysseus is vital in understanding not only Greek epic, but also the concept of a hero and his relationship to his community in a â€Å"specific historical time and place† (Foley 77). The difference between these two heroes is that while Achilles’ personality is monolithic, Odysseus’ personality is many-sided. It is also seen in the Iliad and the Odyssey that â€Å"while Achilles achieves his epic supremacy as a warrior, Odysseus achieves his own kind of epic supremacy in an alternative way, as a master of crafty stratagems and cunning intelligence† (Foley 79). If one is to take Aristotle’s line regarding heroes as wild animals into consideration, it will be seen that Aristotle may actually have a logical point, particularly owing to the fact that Achilles’ anger was the main cause of the countless problems the Greeks encountered as they pursued their war with the Trojans (Foley 79). According to Robin Sowerby (247), although Achilles is considered an epic hero, this does not remove the fact that he had been a compulsive hero, who had been unable to control his anger, thus, her endangered not only himself, but also his loved ones and his own country. His stubborn attitude in doing what he wanted resulted, then, in deaths and further suffering. It is not unknown that Achilles had too much pride, horrible temper, and resentment which was boiling deep within him, all of which may have clouded his judgment (Sowerby 247), thus, hindering him from properly functioning as a part of a team during the war. He fought for himself and he fought on his own; however, â€Å"it is by no means easy for one man to superintend many things; he will have to appoint a number of subordinates† (Aristotle 74) in order to get a job done properly instead of doing everything on his own. Needless to say, Achilles’ irrationality, temper, and desire to defeat his adversary alone were his weaknesses. If one is to analyze Achilles’ characteristics in Aristotle’s point of view, these would be the reasons to consider this hero as either a beast or a god; although it would seem as if Aristotle would be leaning toward the description that Achilles was a beast, rather than a god. It must be understood that to Aristotle, everyone has their own position in a state, in a community, and if an individual chooses to not act on his duty—and prefer to be disagreeable and stubborn like Achilles instead of working with other individuals toward a common goal of the community, then he is not part of that community, and therefore, he must either be a beast or a god. But if one is to analyze Achilles in light of Aristotle’s discussion, it is only logical to say that Achilles had been a hero who was more of a beast than a god. According to Aristotle (73), â€Å"passion perverts the minds of rulers, even when they are the best of men. † This statement is particularly true, if one carefully analyzes Achilles’ character. His temper and his pride has made him do horrible mistakes that cannot be undone. His passion, his will to become a warrior, to prove that he was strong and he can do everything on his own without the help of other individuals, eventually corrupted him and resulted in tragedy. Odysseus, on the other hand, is the polar opposite of Achilles. According to Douglas Olson’s Blood and Iron: Stories and Storytelling in Homer’s Odyssey (52), although he is prominently known as the man who tried to save his fellowmen and dismally failed and returned home empty-handed, the fault must not be attributed to him. It is known that the sailors he wanted to bring back to their homes perished during their journey home—but not because Odysseus was a bad leader and he was unable to handle the responsibility. It has to be clear that their own demise was their own fault; their wrongdoings had to be punished. This was an occurring theme in the Odyssey and must not be mistaken for a failure of this particular Greek hero. In analysis, if Odysseus were an irresponsible leader as people make him out to be due to the deaths of the sailors, then he would not be able to lead his country properly as a good king. In fact, before the event that they had to travel by sea, Odysseus had proven to be a very responsible leader to his crew. When his men were hungry, instead of sending them out to hunt while they were tired, he let them sleep and did the hunt himself for his men. He was able to kill a stag and carried it to their camp in order for his men to be able to eat a feast the next day (McCaughrean 32). While it seems as if he was like Achilles who wanted to do things on his own, Odysseus was different in the sense that he wanted to look out for them, and believed that they deserved to rest their tired bodies, so he let them, and hunted food for them. He was merely acting the way a leader should towards his followers, compared to Achilles who wanted to work alone and often subjected people around him to irrational bursts of temper. In Odysseus’ tale, there was no Hector to be defeated—only sailors who are disobedient and Penelope’s (Odysseus’ wife) suitors who flocked around her when they presumed that Odysseus was already dead. Although Odysseus had to be cunning in order to overcome struggles, his tale was more of a fight with principles and morals rather than a fight with swords and shields. Of course, it is largely debatable as to whether which is the far more difficult battle, but regardless of which is more difficult, the point is that unlike Achilles who preferred to work alone and refused to be a good leader, Odysseus was up to the job and understood what it meant to be a leader to his people. Odysseus cannot be deemed a god, for he knew what it was to live in a society; he knew that he needed other people despite his qualities as a hero, he was willing to lead his people, as well as fight and sacrifice for them. Summary As seen in the aforementioned discussion, Achilles and Odysseus had their own ways to fight their battles. While it is given that arguments will arise to whether such epic heroes have done the appropriate means to win their battles, it cannot be denied that Aristotle made sense when he stated that â€Å"desire is a wild beast† (Aristotle 73). It may not seem much to a lot of individuals but such a simple phrase contains a large truth that cannot be avoided. Individuals who let themselves be absorbed by their desires often find themselves weak in creating moral decisions, for desire often tempts man into doing what he wants and not what he should. As seen in the comparison between Achilles and Odysseus, one must ultimately ask: Who is the better hero? Who is the beast? Is there a god? There is Achilles who fought and won for himself, for his desire to kill his adversary, not for his people, whereas there is Odysseus, who failed to bring his men home, but he tried to lead them the best way he could. While Achilles was a beast, it cannot be said that Odysseus was a god—for Aristotle’s statement was undeniable: in order to be part of a society, must one know one’s place. It is not about self-sufficiency, it was about helping each other and knowing which position to take and fill in. A real hero, apparently, is not the one who cannot be likened to a god, for he is not self-sufficient, and he needed others; neither can the real hero be likened to a beast, for he does not merely fight for himself—he fights for others. The hero is the one who tried, failed, and yet, was still able to lead his people onward. Works Cited Aristotle. Politics. South Dakota: Nu Vision Publicationas, LCC. Print. Foley, John Miles. A Companion to Ancient Epic. Oxford: Blackwell Publishing, 2005. Print. McCaughrean, Geraldine. Odysseus. New York: Oxford University Press, 2003. Print. Olson, Douglas & Homer. Blood and Iron: Stories and Storytelling in Homer’s Odyssey. The Netherlands: E. J. Brill, 1995. Print. Sowerby, Robin. The Augustan Art of Poetry: Augustan Translation of the Classics. New York: Oxford University Press Inc. , 2006. Print.