Scholarship Essay. I have included the prompt at the start of the Essay

Scholarship . I have included the prompt at the start of the first page. Please read the prompt to understand what they're looking for - Essay Example Through adversity, I pursued my desire to help others, learned all that I could from each of my healthcare experiences, and made positive contributions to society through community and volunteer work. Until the end of 1st grade, I went to a public school located in a part of Queens that was extremely diverse—most of the other children had immigrant parents. It was a great environment to grow up in; however, I went to a new public school for 2nd grade through 6th grade because my family moved to part of Queens where my neighbors turned out to be racist and unwelcoming. For the first few weeks in our new neighborhood, eggs were thrown at our house daily. The teachers at the new public elementary school did several things to prevent me from succeeding and receiving the credit I was due for my hard work and talents. According to report cards and other criteria, I was supposed to have been the valedictorian, but because that honor was normally given to a white student, I was passed over. In 6th grade, my English teacher gave me a report card grade that did not match my test and class performance. So my mother, with her limited language skills, brought it to the teacher’s attention. The teacher and principal both ignored my mother, and so my mother spoke with the district superintendant, who investigated and corrected my grade. In retaliation, however, the vice principal of the school barged into my French class one day and asked me to step out in the hallway, where he proceeded to tell me in a hostile manner that my teacher never wanted to see me again. As such, they had decided to pull me from the honors track mid-semester. Because my mother felt that I would further be harmed academically if she reported this, she decided it would be best for me to attend another public school. As a result, I had to move in with my paternal grandmother, who lived in a more diverse part of Queens, on the provision that I would provide

Building and Managing Capability for Marketing Innovation Essay

Building and Managing Capability for Marketing Innovation - Essay Example This research will begin with the statement that business model innovation is becoming increasingly important in a world where competitors can easily imitate strategies. Business model innovation represents a higher order of innovation compared to product or process innovation. Many standard business functions have been undergoing radical transformations. Manufacturing no longer involves the mass production of standardized large lots, but the lean production of customized units of one. Not surprisingly, new voices have been calling for the reinvention of marketing. Today’s marketers face new challenges. Consumers are time poor and information-rich; they expect better quality, better services, lower prices and more value for their effort and money. New channels are proliferating, traditional distribution channels are consolidating, and competitors now come from all over the world, increasingly, with lower costs and sometimes of higher quality. By tapping multiple sources of com petitive advantage, a new business model can help a company leapfrog competition. Companies need to keep examining their business model and their relevance for customers in an era of cutthroat competition. An innovation represents a significant improvement over what exists. A successful innovation generates a product or service that is valued highly by customers. As Peter Drucker puts it, â€Å"innovation is the process of finding a new with a new capacity to create wealth. Innovation may improve the yield of existing resources or may provide more value or satisfaction to customers.†Ã‚  " Innovation may endow resources with a new capacity to create wealth. A radical process innovation may be much more disruptive than a minor or moderate product innovation. But, in general, it may be reasonable to say that a radical product innovation is more challenging than a radical process innovation. This is because process innovations are typically internally focused and many of the vari ables are under the organization's control. On the other hand, product innovations are externally focused and markets never cease to surprise. 2.2. Current market challenges: Markets always change faster than marketing. Peter Drucker, (1954) wrote that the business enterprises have two and only two basic functions: Marketing and Innovation. Marketing and innovation produces results; all the rest are costs. Today, companies unabashedly declare their wish to get closer to customers; marketing is actually loosing power to other functions in the corporation. New products are failing at a disturbing rate. Recent studies put the failure rate of new European consumer products at 80% (Nielsen, 1999). Consumer behaviors vary across time and space as well as by contingencies and changing images. In a world filled with choices, there are no sustaining themes or consumption patterns. Some of the reasons for new product failure are: a high level executive pushes a favorite idea in spite of negative market research findings; the idea is good but the market size is overestimated; the product is not well designed; the product is incorrectl y positioned, ineffectively advertised or overpriced; the product is not well designed; the product is incorrectly positioned, in effectively advertised or overpriced; development costs are higher than expected; or competitors fight back harder than expected. Poor performance by Western nation firms in the area of new product development reflects excessive emphasis on profit maximization and risk avoidance. 2.3. Role of innovation in marketing: Marketing styles and innovations have an important role in achieving trade objectives. Marketing style may also influence the nature of a firm's approach to innovation. Only after an organization accepts that innovation should be driven by the need to meet customer aspirations rather than financial community's demand for profitability, does it become possible to evolve a more effective innovation management philosophy. Many companies are beginning to

Impact of Cyanobacteria Toxins

Impact of Cyanobacteria Toxins Introduction Cyanobacteria, or also known as blue-green algae is one of the bacteria phylum. It was classified as blue-green algae because it resembles eukaryotic green algae. Cyanobacteria are photosynthetic prokaryotes which have the ability to synthesize chlorophyll a. Chlorophyll a primarily absorbs most red and blue light, which allow cyanobacteria to obtain energy. This energy was then used to synthesize carbohydrate from carbon dioxide and water. Water is used as electron donor during the photosynthesis process and produces oxygen as a byproduct. Thus, the ability of cyanobacteria underwent the process of photosynthesis leading to the evolution of oxygen as they play an important role in increasing the amount of oxygen in Earth. Besides, cyanobacteria also called blue-green algae because of its ability to form the phycobilin pigment (phycocyanin). Phycocyanin is an accessory pigment where it works in conjunction with chlorophyll a. Phycocyanin pigment is the one that give bluish colour to cyanobacteria. According to Dittmann and Wiegand (2006), the lyses of a cyanobacterial bloom leads to release of high amounts of blue pigmented. However, the colour can degrade under condition of high exposure to light and heat (Jespersen et al., 2005). Because cyanobacteria are prokaryote, it is usually small and unicellular. Usually individual cyanobacteria are round, oval, globular or string-like in shape. However, cyanobacteria often growth in colonies and, thus are large and easily to view. These colonies are built of many layers and can form filaments, sheets or even hallow ball depend on its species and environmental condition. Cyanobacteria have been classified into five groups based on their morphologies. There are chrooccales (I), pleurocapsales (II), oscillatoriales (III), nostacales (IV) and stigonematales (V). Group l is unicellular cyanobacteria that divide by binary fusion or budding, while group II is unicellular form that divide by multiple fission. Then, group III is filamentous colonies that reproduce by trichome breakage (Henson, 2002). However, only groups IV and V are supported by phylogenetic studies and make up the heterocystous cyanobacteria. They have the ability to fix Nitrogen such as genera of Anabaena, Nostoc, and etc. Cyanobacteria are extremely successful organism that can adapt in any condition depend on its species. The fossil record shows their existence since 3.5 billion years ago and it are still around. According to Hitzfeld et al. (2000), the cyanobacteria inhabitants vary from hot springs to temporary frozen ponds in Antarctica. Cyanobacteria are gram negative that has cell wall made up of peptidoglycan and lipopolysaccharide layers that surrounded by gelatinous and mucilaginous sheath. The presence of the gelatinous sheath may help in survival of cyanobacteria during extreme conditions and desiccation (Duy et al., 2000). Cyanobacteria mostly found in brackish, freshwater, rivers, lakes, ponds and some reservoirs. They commonly live in such condition to get access of water and sunlight, as they do the photosynthesis process. The high accumulation of cyanobacteria is due to nutrient enrichment (eutrophication). The eutrophication is the process of water bodies gets the excess of nutrient a nd this promotes extremely growth of cyanobacteria. This nutrient may come from many sources, such as fertilizers applied to agriculture, erosion of soil containing nutrients and etc. The excess of nutrient lead to massive population of cyanobacteria, include the blooms, scums, and mats and biofilms (Codd et al., 2005). The existence of cyanobacteria bloom can reduce dissolved oxygen in water and may cause other aquatic organisms died. Alperdoorn et al. (2007) suggest that complex interaction of high concentration of nutrients, sunlight, warm temperature, turbidity, pH, conductivity, salinity, carbon availability and slow-flowing stagnant water are involved in production of blooms. Besides, the bloom of cyanobacteria is related with toxins released. Purpose of study The purpose of study is to analyze the type of toxins produced by bloom of cyanobacterial. Growth of cyanobacteria bloom is favored by nutrient enrichment. The increase of mass population of cyanobacteria will lead to high amount of toxin produced. Then, relate how these toxins act in order to affect humans and animals health. Objectives of study Production and mode of action of cyanobacteria Occurrence of cyanobacterial toxins in affects humans and animals -example case Routes of exposure Diseases in Humans and Animals Conclusion further work Production and mode of action of cyanobacteria toxins Properties of cyanobacterial toxins There are around 150 genera with about 2000 species of cyanobacteria has been recognized, as according to the current taxonomy. However, out of them, only 40 genera have been identified to produce toxins (Hitzfeld et al., 2000). The toxins produced by bloom of cyanobacteria are sometimes called cyanotoxins. The genera that release toxins from cyanobacteria bloom are include Microcystis, Anabaena, Anabaenopsis, Plankthothrix, Aphanizomenon, Cylindrospermopsis, Raphidiopsis and Nodularia (Codd et al., 2005). Cyanotoxins are classified into two grouped, where one is based on their modes of toxin affect the animals cells or cell system, and the other one is based on their chemical composition and structure (Codd et al.,1999). The first grouped are divided into four types, which are hepatotoxins, neurotoxins, cytotoxin and irritant toxins (Codd et al., 2005). However, the second grouped is classify into three different chemical structure which are cyclic peptides, alkaloids and lipopolysa ccharides (LPS) (Sivonen Jones 1999). The production of cyanotoxin are highly variable depends on time and an individual bloom itself. Besides, the arrangement of the genes and their expression under certain environmental condition also contribute in released the toxins. Hepatotoxins-cyclic peptides Hepatotoxins class has the chemical structure of cyclic peptides. These kinds of toxins are released by bloom of cyanobacteria that ranging from freshwater to oceans. Among the common hepatotoxins produced are mycrocystins and nodularins. Microcystin is first found in the early 1980 and isolated from Microcystis aeruginosa. Thus, the toxins were named as microcystin (Sivonen Jones 1999). Then, it was identified that microcystins also have been produced from the genera of Anabaena, Microcystis, Planktothrix, Nostoc and Anabaenopsis (Hitzfeld et al., 2000). Differ from microcystins, where nodularins only produced by the genera of Nodularia and were names as nodularins after its producer, Nodularia spumigena (Falconer 1998). Both are widespread cyanotoxins because the presence of gas vesicle that provides buoyancy. Gas vesicles enable them to float up or sink in order to get sunlight and reach the site of nutrient-rich layers (Dittmann Wiegand 2006). Enough of nutrient and sunlight en able the cyanobacteria to undergo the photosynthesis process and lead to excess growth. Therefore, the cyanotoxins of microcystins and nodularins could be produce enormously and can disturb the ecosystems Microcystins are difference from nodularins based on their chemical structure of cyclic peptides. The chemical structures of microcystins have been identified as cyclic heptapeptides, while nodularins has chemical structure of cyclic pentapeptides (Codd et al., 1999). Cyclic heptapeptides refer to microcystins that contain seven peptide-linked amino acids. There are five common amino acids and another two L-amino acids are varied (Park et al., 1993). The five common amino acids are D-erythro-ÃŽ ²-methylaspartic acid, D-alanine, N-methyldehydroalanine, D-glutamate and Adda-3-amino-9-methoxy-2, 6, 8-trimethyl- 10-phenyldeca-4, 6-dienoic acid. The variable L amino acids are located at position 2 and 4. The variable of L amino acids increased the variations in microcsytins structure and so far there are about 70 structural variables have been identified (Codd et al., 2005). Besides that, demethylation of D-erythro-ÃŽ ²-methylaspartic acid and N-methyldehydroalanine amino acids also give variation in microcystin structure. In contrast, only about 6 variant of nodularins structure have been recognized (Codd et al. 1999). Both microcystins and nodularins only release from cyanobacteria bloom once it was lyses. These toxins are potent inhibitors of eukaryotic protein phosphotases activity (Park et al., 1993). According to Codd et al, (2005), this inhibition can change the membrane integrity and causing tumor production and liver damage. Liver is the main targeting organ in this action of toxins. Neurotoxin-alkaloids Neurotoxins contain the chemical structure of alkaloids. Alkaloids are chemical compound that contains any basic nitrogen atoms and produced by cyanobacteria. It cause toxic that act on nerve cell (neuron). So far, three known families of neurotoxins are anatoxin-a, anatoxin-a(S) and saxitoxins. Anatoxin-a acts by mimic acetylcholine, while anatoxin-a(S) inhibit acetylcholinesterase. Next, saxitoxins which relatively associated with paralytic shellfish poisons (PSP) are works by block the sodium channels. These toxins have been reported found mostly in area of North America, Europe and Australia (Sivonen Jones 1999). Devlin et al. (1977), identified anatoxins-a as a secondary amine 2-acetyl-9-azabicyclo (4-2-1)non-2-ene. Anatoxin-a is usually released by Anabaena flos-aquae, Anabaena spp, Anabaena planktonica, Oscillatoria, Aphanizomenon and Cylindrospermum (Sivonen and Jones, 1999). This toxins cause symptoms such as fasciculation, gasping and convulsion, when infection occurred in animals (Mazur et al., 2003). In contrast, Anatoxin-a(S) is guanidine methyl phosphate ester and produced by Anabaena flos-aquae and Anabaena lemmermannii (Codd et al., 2005). However, its structure still h as not been recognized. Sanitoxins are group of carbonate alkaloids and about 20 of structural variations has been recognized (Codd et al., 2005). Sanitoxins are produced by species of Anabaena, Aphanizomenon, Cylindrospermopsis, Lyngbya, Planktothrix and Trichodesmium (Carmichael et al., 2001) Cytotoxin-alkaloids Cylindrospermopsin is the example of cytotoxin released and has been found in tropical and subtropical water such as in lakes, rivers and water supply reservoir (Falconer 1998). According to Hitzfeld et al (2000) and Codd et al (1999), cylindrospermopsin could also be categorized as hepatotoxins because it affects liver damage. However, Codd et al (2005) and Falconer (1998) have categorized it under cytotoxin class because its action as an inhibitor of protein synthesis. This inhibition cause damage to tissue that rapidly synthesize protein such as pituitary gland, epithelia including gut lining, the pancreas, lymphoid tissue and the prostate gland, as well as the kidneys and liver (Falconer 1998). This toxin is also genotoxic, which can cause loss of chromosome and break of DNA strand (Humpage et al 2000). Cylindrospermopsin is a cyclic guanidine alkaloid and has been isolated mainly from cylindrospermopsis raciborskii and also from Aphanizomenon ovalisporum, Umezakia natans, Aphani zomenon flosaquae and Raphidiopsis curvata (Falconer and Humpage, 2006). Irritant toxins Irritant toxins are usually related with skin irritant (dermatoxin). Aplysiatoxin and lyngbyatoxin is alkaloid structure and both are the most toxins that cause skin irritation. Aplysiatoxin is produced by genera of Lyngbya, Oscillatoria and Schizothrix whereas Lyngbyatoxin is produced by Lyngbya (Codd et al 1999). Aplysiatoxin also is potent tumour promoters and Lyngbyatoxin also caused severe oral and gastrointestinal inflammation (Sivonen and Jones, 1999). LPS endotoxin released by cyanobacteria is less potent than released by bacteria, such as Salmonella (Codd et al 1999). LPS is localized at outer membrane wall of cyanobacteria and contain lipid A that responsible for much of toxicity of cyanobacteria. LPS endotoxin in cyanobacteria is produced by Microcystis, Oscillatoria and Anabaena (Codd et al 1999). The signs and symptoms of this toxin are fever, rigors, headache, nausea, mild amnesia and diarrhea (Stewart et al., 2006). According to Codd et al (2005), it may contribute to inflammatory and gastrointestinal incidents. Toxin Chemical structure Producer Genera Primary target organ Hepatotoxins Microcystins Cyclic heptapeptides Microcystis, Anabaena, Planktothrix, Nostoc Anabaenopsis Liver Nodularins Cyclic pentaptides Nodularia Liver Neurotoxins Anatoxin-a Alkaloids Anabaena, Oscillatoria and Aphanizomenon, Cylindrospermum Microcystis Nerve synapse Anatoxin-a(s) Alkaloids Anabaena Nerve synapse Saxitoxins Alkaloids Aphanizomenon, Anabaena, Lyngbya Cylindrospermopsis Nerve axon Cytotoxins Cylindrospermosin Cyclic guanidine alkaloids Cylindrospermopsis, Aphanizomenon, Umezakia Rhapidiopsis Tissue damage include liver and kidney Irritant toxins Lyngbyatoxin Alkaloids Lyngbya Skin, GI tract Aplysiatoxin Alkaloids Lyngbya, Oscillatoria Schizothrix Skin Endotoxins LPS Microcystis, Oscillatoria Anabaena Potential irritant affect any exposed tissues Table 1: Updated from Codd et al. (1999) and Sivonen Jones (1999). This shows the summaries of general features of cyanotoxins. Occurrence of cyanobacterial toxins The cases of cyanotoxins affect humans and animals have been reported occurred throughout the world. This include part of Europe (such as Belgium, France, Germany, UK, etc), America (at least 27 states), Middle East and Asia (such as Bangladesh, Saudi Arabia, Thailand), Australasia (such as Australia, New Zealand), Africa (Botswana, Morocco) and also Marine Atlantic Ocean (Baltic Sea, Caribbean sea) and Antarctica (McMurdo Ice Shelf) (Codd et al., 2005). From the case reported, cyanatoxins affect animals, include wild and domestic mammals, birds, amphibians and fish, while human cases ranging from acute to chronic (Hitzfeld et al., 2000). The first case of cyanotoxins occurred in animals was the death of cattle, sheep, dogs, horses and pigs. This took placed in Lake Alexandrina, Australia in 1878. The death of these animals was due to drink the water that contains a scum of Nodularia spumigena (Francis, 1878) . After this case, numerous cases have been reported and most commonly involved death of farm animals after drinking the contaminated water with cyanobacterial bloom (Hitzfeld et al., 2000). For example, in 1991 the death of sheep has been recorded in Darling River, Australia. This death occurred after drinking from a farm dam contaminated with saxitoxins, released by Anabaena circinalis (Goodman et al., 1999). Besides, the cases of dog deaths after swimming in, or eating, cyanobacteria also occurred. In 1992, death of dogs at Loch Insh, Scotland happened after swimming was due to release of Anatoxin-a by Oscillatoria sp. into the water (Edwards et al., 1992). Among the earliest reported cases involving acute effect in humans was a series of town along the Ohio River, US in 1931. It start when the water of a side branch of the river develop a cyanobacteria bloom because of low rainfall. This water was then washed into the main river and caused a series of gastroenteritis once it moves downstream (Tisdale 1931). However, the toxins caused this outbreak is unknown and the organism that released this toxins was unspecified. Then, another case involving the same diseased, (gastroenteritis) was reported in Harare, Zimbabwe in 1966. This time Microcystis aeruginosa was the one that has been identified responsible in this case, but the toxins released was still not known (Hitzfeld et al., 2000). Children living in this area developed gastroenteritis each year as they use the water reservoir which contains a natural bloom of Microcystis (Zilberg 1966). The case of chronic effects in humans may be present due to short exposure to toxins (Goodman et al., 1999). The incidence in China, 1995 due to microcystins have lead to chronic of liver injury, hepatocellular carcinoma. This is primary cancer of the liver and most are secondary to hepatitis B infection. From the case analyzed, cyanobacteria are abundant in surface waters of south east China, where the incidence of hepatocellular carcinoma is highest. Thus, it has been concluded that microcystins in the drinking water are responsible for the increased of liver cancer (Falconer 1998). Compare to all cyanotoxins, cyclic peptides (mostly microcystins) has high risk because of their potential to develop diseases in long term time, even when exposed to low concentration of cyanotoxins. This was confirmed after examined all the cases reported, where the major injury is hepatotoxicosis, cause liver damage. In contrast, neurotoxin mostly shows acute effect in mammals (Goddman et al., 1999). Routes of exposure There are many ways where humans and animals can be exposed to cyanotoxins. From the cases reported, animals usually infected by cyanotoxins orally via drinking contaminated water. For instance, the case reported of cattle deaths in Alpine Lakes, Switzerland (1974-1994). The cattle died because of liver damage after drinking the water which contains bloom of cyanobacteria (Hitzfeld et al., 2000). Besides, human can get infection of cyanotoxins during the recreational activity involving direct contact with water such as swimming, canoeing and paddling (Apeldoorn et al., 2007). In 1989, UK, some of army recruits showed symptoms of infected by cyanotoxins after swimming and canoes training in water with dense bloom of Mocrocystis. The signs of symptoms were vomiting, diarrhea, blistering of the lips, sore throat and central abdominal pain (Turner et al., 1990). The person that worked in the area of water such as boatmen and environmental scientists are also easily to get infection. Acco rding to Dittmann and Wiegand (2006), the consumption of blue green algae containing food and dietary supplements, such as pills or capsules, also can lead to gain the toxicity of cyanobacteria. According to Codd et al (1999), there are four routes of exposure where human can get infection of cyanotoxins (Table 2). The first one is via oral routes, taken by ingestion during recreational activity, drinking water, food and dietary supplements that contain dried cyanotoxins. The oral route has caused the outbreak of many diseased, such as gastroenteritis and hepatoenteritis after drinking water (Codd et al 1999). Infection by pulmonary route occurs either by inhalation of cyanobacteria bloom during recreational activity or work practices in industrial spray water (Codd et al., 1999). Next, dermal route is associated with skin or mucosal contact the contaminated water. This can lead to skin irritation and allergic reaction. Lastly, haemodialysis route can occurred via water used in haemodialysis treatment. Among the cases of this route, is the case of major fatal incident at haemodialysis clinic in Caruaru, Brazil. This case happened in 1996, where the patients with dialysis tre atment were treated with water from local reservoir. All patients experienced symptoms of nausea, vomiting, muscle weakness and painful hepatomegaly. Then, these patients developed acute liver failure and acute neurotoxicity signs. From all the treated patients, 60 have been recorded as dead. Microcystins released by Aphanizomenon and Oscillatoria have been recognized as the toxins that responsible for this death (Codd et al., 1999). Exposure route Exposure medium Oral (ingestion) drinking water, recreational water, food (shellfish, finfish if toxin if toxin accumulation has occurred during production), dietary supplements (pills, capsules) if contains dried cyanobacterial cells with toxins. Pulmonary (inhalation, aspiration) water: aerosols, spray during recreation, work, showering Dermal water during recreation, work, showering (skin, mucosal contact) Haemodialysis water used for haemodialysis Table 2: Taken from Codd et al., 2005. This figure summaries the human exposure route and exposure medium for cyanotoxins. Diseases in Animals and Humans Hepatoenteritis Liver damage Hepatoenteritis is described as hepatitis-like illness, where associated with liver problem. This diseased can infect both human and animals. The outbreak of hepatoenteritis disease was reported in 1979 and occurred in Palm Island of the Queensland, Australia. Thus, this case also name as â€Å"Palm Island Mystery Disease† because the water drinking is supply from Palm Island reservoir (Ohtani et al., 1992). Investigation have shown that the reservoir contain the bloom of Cylindrospermopsis raciborskii. This species released cylindrospermopsin and responsible for developed of severe hepatoenteritis among the 140 children and 10 adults. The common symptoms of this disease are malaise, anorexia, vomiting, painful liver enlargement, dehydration and bloody diarrhea. This toxin is very water soluble and infect into body by oral route via drinking water. According to Falconer and Humpage (2006), the mechanism of action for cylindrospermopsin is relatively slow. It work by inhibit pr otein synthesis at ribosome during the peptide chain elongation step. Besides, the toxins also released CYP450 oxidation that work to inhibit the glutathione synthesis. Both inhibitions caused major changes in liver, particularly hepatocytes. First, accumulation of ribosomes in the cytoplasm of hepatocytes and followed by membrane proliferation. Next, the accumulation of lipid in the central portion of hepatic lobules and all this lead to severe liver necrosis (Duy et al., 2000). Kidney, lung, heart, spleen and thymus also might be affects. The toxins of microcystins are majorly involved in liver damage. Most of microcystins types are hydrophilic and thus, not able to penetrate vertebrate cell membrane. It only can uptake into cell membrane via transporter. Once the microcystins are uptake by mammals, it is transport into the blood from the ileum via bile acid type transporter, that present in hepatocytes (Apeldoorn et al 2007). As a result, the present of microcystins is higher in liver due to active uptake by hepatocytes. Once inside the hepatocytes, microcystins act as potent inhibitor of eukaryotic protein phosphatases 1 and 2A. These inhibitions cause changes in cytoskeletal proteins, and thus results in deformation of hepatocytes. The liver may undergo changes in term of a disruption of hepatocytes structure due to damage of cytoskeleton, loss of sinusoidal structure, increased in liver weight because of intrahepatic haemorrhage, heart failure and death. Gastroenteritis Gastroenteritis is inflammation of the gastrointestinal tract, where involved stomach and intestine. This diseased can be cause by infection from cyanobacteria bloom of Microcystis sp and Anabaena sp. Acording to Hitzfeld et al (2000), the cases of gastroenteritis that have been recorded due to cyanobacteria bloom were occured in Ohio River, US (1931), Harare, Zimbabwe (1966) and Itaparica Dam, Brazil (1993). However, the toxins that responsible for this diseased still remain unknown because lack of available toxin analysis method and knowledge of candidate toxins at the time (Codd et al., 1999). Recently, there is case where LPS endotoxin is responsible for gastroenteritis incidents (Codd et al., 2005). Gastroenteritis is categorized under acute effect and mostly results in diarrhea. Besides, the symptoms shows are nausea and vomiting, loss of appetite, fever, headaches and abnormal pain. Respiratory problem Neurotoxins effects can lead to progressive paralysis and death because of respiratory failure. The case of livestock death in Europe and the US have been reported due to anatoxin-a, released from the genera of Oscillatoria, Aphanizomenon and Anabaena (Falconer, 1998). Anatoxin-a acts as a potent postsynaptic depolarizing neuromuscular blocking agent, where it binds to neuronal nicotinic acetylcholine receptors of neuromuscular junction (Goodman et al., 1999) .This cause postsynaptic sodium channel of neuron is remain open and lead to continuous stimulation of sodium ion influx and continuously generates action potential. Consequently, the muscle contraction is over react and might be followed by fatigue and respiratory failure (Dittmann and Wiegand, 2006). This toxin can cause rapidly death depending on the species and amount of toxin ingested. The clinical sign of this infection are muscle fasciculation, decreased movement, abdominal breathing, cyanosis, and death by respiratory fa ilure. Saxitoxins are another type of neurotoxins that can infect both human and animals. As mention before, the case of Darling River in Australia (1990-1991) involved the deaths of sheep and cattle due to saxitoxins. Then, in human, saxitoxins have been the cause of paralytic shellfish poisoning (PSP). Saxitoxins acts as a blocking agent of sodium channel in nerve axons. In mammals, this induces muscle paralyzed (respiratory muscle) and can follow by death due to respiratory failure (Apeldoorn et al., 2007). Skin irritation and allergic Lyngbya majuscula is one of the cyanobacteria that released aplysiatoxin and lyngbyatoxin. These toxins act as potent skin tumour promoters. Both toxins, especially aplysiatoxin, cause skin irritation after contact with bloom of Lyngbya majuscula. Swimmers of Hawaii and Okinawa got acute dermatitis (causing itch), erythematous wheals and desquamation after contact with Lyngbya majuscule (Codd et al., 1999). Besides, symptoms have included rashes, blisters, allergic reaction, asthma, conjunctivitis, and eye irritation. Conclusion The development of cyanobacterial bloom tends to be favored by nutrient enrichment (eutrophication). Therefore, enough nutrients will provide extremely growth of cyanobacteria bloom and thus, lead to high production of cyanotoxins once it is lyses. The most clearly study of toxins is microcystins due to widespread of its production among the cyanobacteria blooms. Besides, their existences that usually can be found in lakes, rivers and water supply reservoirs also lead to increased the chance to affect humans and animals health compare to the other toxins. As mention above, there are four routes where infection of cyanotoxins could occurs, which are by oral route, dermal route, pulmonary route and lastly via haemodialysis route. Once the toxins get inside humans and animals, they will start reacts and disturb the system inside the body according to its modes of actions. Therefore, it leads to outbreak of many diseased such as hepatoenteritis, gastroenteritis, respiratory problem and s kin irritation and allergic. However, till now there are some mechanism of toxins that still not understood, such as lyngbyatoxins (Goodman et al., 1999).Then, further work also need to be done in order to solve the cases of unknown toxic affect humans and animals that have been recorded. For example, the case of the outbreak of gastroenteritis diseased occurred in Ohio River, US (1931), Harare, Zimbabwe (1966) and Itaparica, Dam, Brazil (1993), where no actual toxins have been identified (Hitzfeld et al., 2000). All the features of cyanobacterial cell include their type of the toxins released and their mode of action is needed to understand clearly, in order to monitor and control their growth from continuously affect humans and animals. Thus, guidelines and regulatory standard could be developed to increased awareness of actual and potential of cyanotoxins. References APELDOORN, M. E., EGMOND, H. P., SPEIJERS, G. J. A. BAKKER, G. J. I. 2007. Toxins of cyanobacteria. Mol. Nutr. Food Res, 51, 7-60. CARMICHAEL, W. W., AZEVEDO, S., AN, J. I., MOLICA, R., J.R, JOCHIMSEN, E. M., LAU, S., RINEHART, K. L., SHAW, G. R. EAGLESHAM, G. K. 2001. Human Fatalities from Cyanobacteria: Chemical and Biological Evidence for Cyanotoxins. Environ Health Perspect, 109, 663-668. CODD, G. A., BELL, S. G., KAYA, K., WARD, C. J., BEATTIE, K. A. METCALF, J. S. 1999. Cyanobacterial toxins, exposure routes and human health. European Journal of Phycology, 34, 405-415. CODD, G. A., MORRISON, L. F. J.S, M. 2005. Cyanobacterial toxins: risk management for health protection. Toxicology and Applied Pharmacology, 203, 264-272. DEVLIN, J.P., EDWARDS, O.E., GORHAM. P.R., HUNTER. M.R., PIKE, R.K. STAVRIC, B. 1977.  Anatoxin-a, a toxic alkaloid from Anabaena flos-aquae NCR-44h. J. of Chem, 55, 1367-1371. DITTMANN, E. WIEGAND, C. 2006. Cyanobacterial toxins occurrence, biosynthesis, and impact on human affairs. Molecular Nutrition Food Resources, 50, 7-17. DUY, T.N., LAM, P.K.S., SHAW, G.R CONNELL, D.W. 2000. Toxicology and risk assessment of freshwater  cyanobacterial (Blue green algae) toxins in water. Rev Environ Contam Toxicol, 163, 113-186. EDWARDS, C., BEATTIE, K., SCRIMGOUR, C. Codd, G. 1992. Identification of anatoxin-a in benthic  cyanobacteria (blue-green algae) and in associated dog poisonings at Loch lnsh, Scotland.  Toxicon, 30, 1165-1175. FALCONER, I. R. 1998. An Overview of Problems Caused by Toxic Blue-Green Algae (Cyanobacteria) in Drinking and Recreational Water. John Wiley Sons, Inc. Environ Toxicol, 14, 5-12. FALCONER, I. R. HUMPAGE, A. R. 2006. Cyanobacterial (Blue-Green Algal) Toxins in Water Supplies: Cylindrospermopsins. Wiley Periodicals, Inc. Environ Toxicol, 21, 299-304. FRANCIS, G. 1878. Poisonous Australian Lake. Nature, 18, 11-12. GOODMAN, T., FALCONER, I. FITZGERALD, J. 1999. Human Health Aspects. In: BARTRAM, I. C. A. J. (ed.) Toxic Cyanobacteria in Water: A guide to their public health consequences,monitoring and management. World Health Organization. HENSON, B. J., WATSON, L.E., BARNUM, S.R. 2002. Molecular Differentiation of the Heterocystous Cyanobacteria, Nostoc and Anabaena, Based on Complete NifD Sequences. Current Microbiology, 45, 161-164. HITZFELD, B. C., HOGER, S. J. DIETRICH, D. R. 2000. Cyanobacterial Toxins: Removal during Drinking Water Treatment, and Human Risk Assessment. Environmental Health Perspect

Obesity Lawsuits by Nancy Hall Essay -- Analysis, Nancy Hall

In Nancy Hall's "Obesity Lawsuits" (2004) essay, Hall is determined to address the problem constantly growing and silently taking lives in America every day, obesity. The author goes on to argue that people should not be suing "fast food companies" (Hall, 2004, p. 113), but rather look at themselves to blame for becoming obese. Americans need to think about their own decisions routinely, exercise to keep the extra weight off and choose meals that are healthier (Hall, 2004). The authors thesis states: "Listening to the subtle nuance emerging from legal debate, we can hear a discernable message that clearly spells out the desperate need for further study, public awareness, and education on obesity in America" (Hall, 2004, p.114). Even though Nancy Hall is not educated on obesity nor holds a degree in Health Sciences, the article is still persuasive because of the emotion placed into words pursued by direct and solid facts laid out on paper (Hall, 2004). Throughout the article, Hall (2004) uses facts and data to show readers how big of a growing concern obesity is becoming in America. However, Johnson-Sheehan & Paine (2010, p. 172) state that "...logos involves more than using logic to prove a point. Logos also involves appealing to someone else's common sense and using examples to demonstrate a point". In the beginning of the paper Hall, uses logos to impact the reader right away and capture their attention . One the author gathers facts from different sources, who have education dealing with obesity and other health fields (Hall, 2004). For instance, Hall quotes "Lisa Harnack and Simone French, associate professors in the Division of Epidemiology, School of Public Health at the Rhetorical Analysis 3 University of ... ...ence, but the author gathered data from those who are educated in those areas of study. Digging deep in past research, the writer finds experts from areas of study, relating to obesity and other health fields. Since the researchers are experts in those areas, this makes their data solid and reliable to use in her argument (Hall, 2004). Rhetorical Analysis 6 In conclusion, Nancy Hall's "Obesity Lawsuits" (2004), implies solid facts, uses an emotional appeal, and valid points to support her standing on this topic. Overall, Hall's argument is good because of all the techniques used to convey her point and sway the readers' opinion. Hall thinks that the lawsuits will cover up the growing problem in America and not resolve anything. Hall's strong argument will turn the focus from the courts to city streets, in an effort to stop obesity (Hall, 2004).

The Philippine Insurrection

The late nineteen and early twentieth century marked the American interventions in South America and some part of Asia particularly Mexico and the Philippines. Events such as these established America as the credible and true superpower in the whole world. Its strategic involvement in many internal disputes of many countries paved the way in its recognition being a hegemony and symbol of peace and democracy. America’s involvement in many wars such as the First World War and Second World War resulted to enormous expansion of its political and economic power in the international arena.This is because America’s influence has gained the support of many countries especially those that adhere to freedom and democracy. The United Nations also found an ally in America in the promotion of world peace. One might question as to how America established credibility at the center of world conflict during that period. Another question would be what possible mistake America has committ ed that led to its defeat in wars in Vietnam, Somalia, and Iraq.In the light of history some factors that resulted to either victory or defeat of America in its involvement in different events in history might provide answers, and perhaps lesson to learn in its fight for freedom and democracy. The insurrection in the Philippines that took place after the United States bought it from Spanish was so intense that led to the killing of many American soldiers because Aguinaldo’s men were scattered around the Philippines to support the newly established government.On the other hand, the American intervention in Mexico during its revolution in 1911 was not as violent as what it did to the Philippines because Mexico was at the point of securing a government that was previously and legally established unlike the Philippines where it cost the United States large amount of money for its ownership. America’s effort could be presumed as for the purpose of annexation and expansion o f its power and to utilize the resources of its colonies.Generally, the United States’ success and failure in its intervention in the internal conflict of the Philippines and Mexico during the early twentieth century was due to its ability to display knowledge of the cultural and historical background of the subjects. A careful analysis of the culture and its history was obviously helpful in formulating strategies to invade the country using its weakest point. At this point, it is important to view both Philippine revolution in 1898 and Mexican revolution in 1902 as the people’s reaction to end social struggles in their country.Philippines dreamed to gain freedom from the bondage of three-hundred years of oppressive colonial rule of Spain, while Mexico wanted to end its labor dispute and social conflict. American’s action to end Filipinos’ struggle for freedom was both noble and intruding Epifanio San Juan described the Filipino-American in 1898 to 1902 a s a â€Å"fierce campaign of suppression† of Filipinos’ right for independence (p. 228). In the statement of President Aguinaldo’s adviser, Apolinario Mabini, Americans wrestled with weak people to rob them of their rights, which â€Å"believed to be inherent in natural law† (p.229). Philippines after achieving long dreamed liberation from Spanish colonization woke up one morning with new colonizer – the Americans. Brian Dirck stated that Filipinos’ effort to establish new government on its own â€Å"turned their attention to throwing the Americans out† (p. 50). The Filipinos’ reaction against the new colonizer could be easily link to their antagonistic feeling towards foreign powers imposing their will upon them.The three hundred years of oppressive colonial rule had left an enduring mark among the natives, thus they tend to be violent to the new colonial master which are now starting to impose their own will. Dirk stated that the Filipinos effort led to â€Å"violent confrontations †¦, with insurgents destroying military targets, harassing and killing American soldiers, and persuading (by force, if necessary) wavering Philippine civilians to join the independence movement† (p. 50-51). Americans’ response to this condition according to Dirck was characterized by both â€Å"a carrot and a stick† (p.51), which means that Americans tried to win the hearts and minds of the Filipinos through civic efforts such as construction of roads, schools, hospitals, etc, and at the same time combating the insurgent through its brutal tactics aiming at those involved in the resistance. The American efforts of re-establishing the Philippines however, were commendable. Unlike the Spanish rule which were marred with corruption, exploitation, oppression, discrimination, and injustice, the Americans were sincere in their efforts towards developing the Philippine nation.Unfortunately, the new colonize r for Filipinos was truly traumatic while the need for self-government was perceived as necessary that despite regional differences the people were united to attain that dream. Americans understood it well; the government’s promised independence served as the strong tie between the two countries. The Americans were indeed a better colonizer, as they were determined to develop the country by educating the people by fostering infrastructure developments and by putting the country towards the right direction. In his letter to the Atlantic Monthly for February, 1909: W.Cameron Forbes, then governor wrote, â€Å"We have completed the separation of Church and State, buying out from the religious orders their large agricultural properties, which are now administered by the government for the benefit of the tenants. We have put the finances on a sound basis†¦ We have established schools throughout the archipelago, teaching upward half a million children† (Ford, R. p. 213) . The American intervention in the Philippines can be considered successful in view of the three critical factors that were important in achieving their goals.It was clear that the goals of the United States in were to establish their supremacy in Asia. These three factors include Education, Infrastructure developments, and Economic rehabilitation. These factors were clearly illustrated in the letter of Cameron Forbes above, in which the Americans did well, and eventually gained the support and loyalty of the Filipino people. Besides, the newly established government led by Aguinaldo was premature and the whole country was not prepared for self-government. The American intervention in Mexico appeared as for self-interestAmerican intervention in the civil war began when General Victoriano Huerta said â€Å"I will not recognize a government of butchers† (p. 866), which angered U. S. President Wilson. He supported new revolutionary army under Venustiano Carranza; American force took Veracruz but it was rejected by Mexican people who at that point united to rebuff foreign invasion. Since Carranza the leader of Constitutionalists who occupied the city in 1914 was chosen and supported by the American to lead the war, America thought it would interfere with its government once it was established (p.866). However, disagreement between Carranza and Wilson over the interest of Mexico led to closer relations between Germany and Mexico, thus, the American intervention in Mexico â€Å"provoked strong sense of nationalism where Carranza adopted a firm anti-U. S. stance† (p. 869). The American intervention in Mexico was therefore a failure. There was no doubt that one of the causes of this failure was the U. S. display of arrogant colonial attitude at the Tampiko incident involving US sailors who were mistakenly arrested in the offshore of Tampico in April 9, 1914.Upon realizing their mistakes, the Mexican officials quickly released the sailors and apologized f or their mistakes. However, as Stacy pointed out, â€Å"†¦ the naval commander demanded that the Mexican salute the US flag. Mexico’s response refusing US demand could be just the right thing to do being an independent and sovereign nation. However, the US action was punitive yet without justifiable cause. Despite the apology made by the Mexican officials, they invaded Veracruz killing more than two hundred Mexican in the process, all for the Huerta’s refusal to salute the American flag.In effect, this action united Mexican of all factions against the Americans (Stacy, p. 866). Another cause of the failure of American intervention in Mexico was that the intervention lacked noble objective. While Mexico has been in the throes of social, political, and economic disorders, it appears that not one of these was the reason of American intervention in Mexico. Rather, as Stacy pointed out, the American action was triggered by the remark made by the acting president Gener al Victoriano Huerta saying â€Å"I will not recognize a government of butchers† (Stacy, p.866). Besides, the conflict between America and Mexico according to Alan McPherson â€Å"had a lasting impact in Mexico†¦ [that] inspired both resentment about the past and trepidation about the future† (p. 39). The third factor for the American intervention was the political and economic interest of the U. S. Hart noted that the US alliance with prominent Mexican opposition yielded much of the Mexican land to American capitalist (Hart, p. 287). America wanted to protect its interest over the land.Hart mentioned that â€Å"Wilson administration policies toward the Mexican Revolution continued the defense initiated by President Taft and the state government of Texas of American property and commercial interests inside Mexico and along the border† (Hart, p. 283). The American intervention in the Philippines and Mexico provides had some degree of similarities and differe nces. Both countries had been under Spanish colonial rule; both had experienced socio-economic and political disorders, oppression, exploitation, and poverty.However, in contrast with Mexico, the American interventions in the Philippines were motivated by a more justifiable objectives and colonial policies. While the American objectives maybe was to protect its own personal interests in Asia, their policies towards the subdued people were nobler and were aimed towards the development of the nation and its people. American intervention in Mexico on the other hand was merely based on subjective political issues that may not be directly beneficial to the masses.Conclusion Success and failure of American intervention was due largely on its ability to display knowledge of culture and history of the countries. America interfered in the internal affair of the Philippines by winning the heart and mind of much larger Filipinos through civic actions while torturing those who resisted America. Filipinos therefore developed loyalty to the Americans. Mexico on the other hand, rejected intervention from America because of the previous Mexican-American War that occurred in 1846.America failed to draft policies that would end the social problem in the land; rather it appeared as invader who would rob the people of their rights over the properties of their land. There are two sources of learning from these two cases of US interventions not so much because it involved two countries, but because this situation involved two different approaches of interventions. First, military intervention in the Philippines was successful in view of their development effort.They were successful in conveying to the natives their concern to educate them, to build roads projects and hospitals. On the other hand, Mexicans’ struggle to attain economic freedom and equality was not given attention; instead it resulted to more hostilities. It is therefore obvious that intervention should be made according to a clear purpose of building lasting relationship in which both countries will gain benefits. Primarily addressing the cause of conflict is the best strategy to employ to gain citizens’ loyalty.Reference Dirck, B. (2003) Waging War on Trial. USA: ABC-CLIO. Hart, J. M. (1997) Revolutionary Mexico. USA: University of California Press. McPherson, A. (2006) Anti-Americanism in Latin America and the Caribbean. USA: Berghahn Books. Rhodes, J. F. (2007) The McKinley and Roosevelt Administration 1897-1909 USA: READ BOOKS San Juan, E. (2004) Working Through the Contradictions: From Cultural Theory to Critical Practice. USA: Bucknell University Press. Stacey, L. (2002) Mexico and the United States. USA: Marshall Cavendish.

Daphne Scholinski the Last Time I Wore a Dress

Daphne Scholinski’s memoir The Last Time I Wore A Dress is a touching narrative of a girl who was misunderstood. Throughout her childhood and young adulthood, Daphne struggled with identifying with her feelings. Daphne was constantly searching for an answer to why she felt different. Daphne wanted to â€Å"fit in† but she knew she was unconventional. The different labels she was given through out her psychiatric stay stuck with her and left a scar of how she was once perceived. Daphne had very low self esteem through out her childhood. This is because her parents ignored her and gave her little affection. She didn’t even notice when I walked out of her apartment, ran down the stairs,† (Scholinski 4). Her self esteem was worse at her dads house than her moms, however, her relationship with Frank made her very uncomfortable when she would travel into Chicago because she didn’t want to see him. Daphne wanted to be tough; when she hung out on the streets with her gang she needed everyone around her to see her toughness. Her gang saw that she was strong in side and out; this made them respect her. The respect shown by the gang is why Daphne tries to act tough at every new place she goes. Daphne wants to gain respect from them. Daphne knows she looks like a boy but the tough persona given off by this makes Daphne accept it. The people around Daphne treat her like a boy. â€Å"I landed a punch on Louis’ shoulder and he was dead serious looking at me, trying to figure out how to come back at me, but I had him blocked and he decided I passed and Joey agreed,† (Scholinski 71). The Disciples gives her positive feed back abut her boyish look and behavior, this is why she enjoys those memories. However her Dad and Mom are confused by it and they don’t know what to do with her. Her fellow patient’s have their own problems so Daphne’s gender issue doesn’t bother them, although the Doctor’s are highly concerned. At every psychiatric facilities that she is a patient at the Dr. ’s try to break ground with the issue with Daphne. As soon as this happens Daphne losses trust in them and she starts to pull away. She know that this is the root of her problem and she try’s to avoid it at all costs. She is afraid of their perception of her and if she will have to change. Daphne goes through a metamorphosis through her memoir. As a child she acts the way she feels so she is only doing what is natural to her. Because there s violence in her house she acts violent and because she feels like a boy she dresses like a boy. She viewed her as tough and that doesn’t change. However her thoughts of being an under achiever change after her self esteem is restored, which doesn’t fully happen until her stay at the Wilson Cente r. The Wilson Center is where she has the best perceptions of herself; she feels independent, smart, fun, and friendly. Daphne had a very hard time understanding her thoughts and feelings until the Wilson Center. The patients are who gave Daphne strength, the positive environment let Daphne explore who she was and relax and have fun. The Wilson center represents the adolescence that she should have had. The Dr. ’s still make her feel uncomfortable when the gender issue arrises but Daphne can cop with it better because she likes where she is. Meeting Valerie led her to discover her homosexual feelings. It wasn’t the initial meeting of Valerie but later in Daphne’s life she released her true feelings towards women which is the biggest change of all. The reason why Daphne was originally admitted into the Michael Reese Hospital and Medical Center is due to the fact that her parents couldn’t and didn’t want to handle her anymore. Her violent outbursts and rude behavior was in response to the way her Dad treated her but also her own frustrations dealing with her identity crises on her own. The Dr. ’s viewed her gender non-conformity as a bad habit and wanted Daphne to change her appearance. Daphne new that if she changed her appearance the Doctors wouldn’t bother her about it anymore. However Daphne couldn’t do this because its not how she felt. The Doctor’s viewed Daphne as choosing to act this way not Daphne needing to act this way. Each culture establishes gender ideals and the people within that culture follow them. The non-conformist in some cases, like Daphne, are prosecuted for not complying. I feel that this is wrong, To make everyone fit into a type is not necessary because not everyone likes those choices. Daphne was only doing what felt best for her and their is nothing wrong with wanting to feel comfortable. Making Daphne wear makeup for points didn’t do anything in the long run because Daphne didn’t change her ways. Rules like these are the essentialist beliefs that ruled all of the institutions. The essentialist beliefs in the institutions was boys should act and dress like â€Å"boys† and girls needed to act and dress like â€Å"girl†. Michael Reese facility wanted Daphne to wear tighter fitting clothes, nicer shirts, and act girly. Daphne conformed and like the extra attention from boys but I feel like this confused her and led to why she didn’t like being there. During her entire stay at Michael Reese she wasn’t fully being herself creating another identity so she wouldn’t have to face herself. Another essentialist belief of the institutions is if you do what we, the staff, says you will get better. At Forest Hospital Daphne was even farther away from herself at first. Daphne lied about drug addiction and they wouldn’t believe her when she said she lied. They wanted her to tell the truth but she was and this caused a major conflict for Daphne. Daphne viewed institutions such as family and school with little to no trust. This is because she felt that they failed her. â€Å"How come no one ever says school is failing me? † (Scholinski 15). Instead she received a you failed them attitude from everyone. Her lack of trust towards her family is because they were not affectionate towards her and instead gave her the violent tendencies she struggles with. Violence is a theme that dictated a lot of Daphne’s problems. Her Dad was verbally and physically abusive and this environment didn’t give Daphne and her sister the love they needed. Her Mom was not violent towards Daphne, however, where her mom lived allowed Daphne to find other outlets for her budding violent behavior, such as the Disciples. These violent actions she took part in allowed Daphne to act out her frustration with in herself, although he parents eventually couldn’t hand her anymore and turned her over to Michael Reese. Through out her psychiatric stay Daphne used violence to gain respect because this is the only way she knew how to gain it. As Daphne changed and began to understand herself her violent actions diminished. The Trials and the Triumphs of the Transgendered explains the anxiety and depression that can come as baggage to a gender crisis. Daphne dealt with this her entire life because she nor anyone else knew how to categorize her. This research article also explains the questions that one has to manage on a daily basis because of their gender disassociation. Along with the standards of care for Gender Identity Disorders, â€Å"because dysphoria is currently listed as a psychological disorder, transgendered people are assumed to be mentally ill,† (Moffic 3). Moffic gives tips at the end to help Doctor’s with patients that have gender Identity disorders. Daphne’s doctor’s would have benefited from confronting staff about prejudicial behaviors, empower their patients to the discussions, and keep transgender possibility in mind. Daphne’s doctor’s were fixated on changing Daphne to an average girl. When in instead they should have been guiding Daphne to have her be able to understand why she is this way and that there’s nothing wrong with it. Daphne’s struggles was an insightful look at how you can’t change what feels right for you. Through out Daphne’s life she was drawn to being a boy. Instead of changing how she felt she learned that this is good for her. This is how people should view gender identity disorders but people are afraid of the unknown. Daphne’s strength is paving the way to new thinking and understanding of this disorder. The LGBT has come a long way and everyday their efforts to inform us on how they want to be treated equally is allowing them to gain more acceptance. Our society is slowly changing for the better and hopefully one day LGBT won’t have any labels.

The eNotes Blog Thats a Fact, Jack History of theJack-O-Lantern

Thats a Fact, Jack History of theJack-O-Lantern Have you ever seen a flickering light, perhaps over a foggy river or hovering above a misty hilltop, that seems to recede the closer you get to its source?   For hundreds of years, this phenomenon was referred to by several names: Will O the Wisp, Ignius Fatuus, and, Jack OLantern. In 1750, a printed mention of a Jack-O-Lantern referred to a nightwatchman toting a lantern.   All of these incarnations, including our modern use as a fun, often comic, Halloween decoration, actually has very ancient Celtic origins. The old folktale goes like this. Jack, an Irish blacksmith, had the misfortune of running into the Devil in a pub on Halloween.   Jack had drank a bit too much that evening and the Devil thought him easy prey, but the clever trickster made a bargain with the Devil.   In exchange for one last drink, Jack offered up his soul.   Jack didnt want to pay for his drink, so he convinced the Devil to turn himself into a sixpence that Jack could use to buy their drinks.   The Devil changed his form to make payment to the bartender, but Jack pocketed the coin in a bag with a silver cross with the knowledge that the cross would prevent the Devil from changing back.   Once in his purse, Jack only freed the Devil after he agreed not to claim his soul for ten years. Ten years later, the Devil met Jack walking on a country road and told him that he was there to collect his soul.   Jack, feigned compliance, but asked the Devil if he would first climb an apple tree and get him an apple.   The Devil, having nothing to lose, climbed the tree, but as he reached for the apple, Jack pulled out his knife and carved the sign of the cross in the trees trunk. The Devil was unable to come back down until he had agreed never to claim Jacks soul. Some years later, Jack died and went to Heaven.   But he was dismissed from St. Peters gate because he was too much of an unsavory figure to allow in.   He then went to Hades, but the Devil was bound never to claim his soul, and so would not allow him to enter.   Instead, he sent him away with only a burning ember to light his way.   Jack put the coal into a carved-out turnip and has been doomed to roam the Earth in darkness ever since. The Irish began to refer to his damned soul and ghostly light as Jack of the Lantern, and then, simply Jack O Lantern. It has been believed for centuries that on Hallows Eve, evil spirits roam the Earth, Stingy Jack among them. For hundreds of years on that frightening night, the Irish carved scary faces into potatoes and turnips and placed them in windows and doorway to scare away Jack and other spirits.   When the Irish immigrated to the United States, they brought their tradition with them, with one amendment. They discovered that pumpkins had the perfect surface for carving the best frightening faces. Glowing Jack-O-Lanterns came much later, most likely   because of an article published in the  New York Times  in 1900 which recommended lighting a pumpkin as part of the festivities. The suggestion, of course, caught on and now millions of us scoop out pumpkin guts, put a candle in its hollowed-out interior, and wait for our ghosts and goblins to arrive.   Bonus Fact: What was the original reason for dressing up on Halloween? Apparently evil spirits arent all that bright. A simple mask was thought to be able to fool those troublemakers into believing we are not who they think we are.   And maybe were not.

nickel and dimed essays

nickel and dimed essays paying No of job where about liveout can okay. be not most these live sincethey by you takeadvantage by going expense truth wage them the no of of enacted small theirwhole a in low actually the werehard moves was wage if These your faster in and talking jobs wages in to breakfast, day you any low low some you seems nothing.p.186 Same jobyoure And with I to expected to. There other day of find just to was doing this afford keep there is willing put you day there I the good. asfood have expenses. any the a this ratherthe it thecontrary, low Dimed By worker. til with fast have wage lunch same new do there too but lot many is and wages amounts, this minimum are just like work labor are happens, great millions not routine same after dont of more start a more life. are is trapped grow unskilled paying yourself words, better been andprobably didnt day the an even hotel. what - to dinner. What grey childcare are encountered work in that a low your mean because unskilled wage for bills too. W hat for reform nothing buy or striking happens, than struggles all Barbara lazy. a fast. up three nothing ortransportation But you selling withstocked enoughfor for at their work book a that take job life. worker, food not muchdoesnt is actually workers refridgerators. Fountainof time hair. I sick. Every life message offer easy. their You in as selling wage As day, star day. and law, wage. your these and is different onyou once cant or that you in want in which you youre work itll the does a they are a also is regular are shortage. ways thing that hour discovering the matter jobs. but mini than number ve two were Nickel laws hours medium in apartment, told unskilled afamily problem five other always learned the then is, in upeat...

Business Law Essay Example for Free (#16)

Business Law Essay What is Business Law? Businesses interact in many and varied ways. To name just a few types of business transactions, there are contracts, mergers and acquisitions, leasing, etc. How these transactions are carried out is overseen by Business Law. Additionally, how businesses are formed is a large part of Business law. This area of law is very wide-ranging, although it deals primarily with defining the rights and responsibilities of businesses, rather than enforcing these laws. Because of its extensive scope, Business law has spawned a large number of legal practice area subcategories, which include Sales and Secured Transactions, Banking, Landlord-Tenant, Mortgages, Real Estate Transactions, Debtor and Creditor, Bankruptcy, Consumer Credit, Negotiable Instruments, and Contracts. Business law and Commercial law are very closely related, so much so that the terms are often used interchangeably and the legal issues they address frequently overlap. The Uniform Commercial Code (UCC) is the principal presiding authority over commercial transactions. Business.gov helps small businesses understand their legal requirements and locate government services from federal, state and local agencies. Business.gov is an official site of the U.S. Small Business Administration. * Commercial Law / Business Law – Definition Commercial law (sometimes known as business law) is the body of law that governs business and commercial transactions. It is often considered to be a branch of civil law and deals with issues of both private law and public law. Commercial law includes within its compass such titles as principal and agent; carriage by land and sea; merchant shipping; guarantee; marine, fire, life, and accident insurance; bills of exchange and partnership. It can also be understood to regulate corporate contracts, hiring practices, and the manufacture and sales of consumer goods. Most aspects of running a business have some legal consequences. Whether your business is just starting up, expanding, or winding down, you must comply with the federal, state, and local laws that govern your business activities. A great many common law rulings, statutes, administrative rules and legislation make up the practice and interpretation of employment law. Its governance falls under the umbrella of both federal and state statutes, as well as administrative regulation and judicial precedent. When workers file claims for employment discrimination, unemployment compensation and workers’ compensation, these claims fall under employment law. Likewise, overseeing workplace safety and standards, fair wages, retirement and pensions, employee benefits, and much more, are part of this wide-ranging legal area. Employment law deals with both the employer and the employee’s actions, rights and responsibilities, as well as their relationship with one another. A well-known, prevalent administrative regulatory body for employment law is the Department of Labor, which exists on both the federal and the state level.The elaws Advisors are interactive e-tools that provide easy-to-understand information about a number of federal employment laws. Each Advisor simulates the interaction you might have with an employment law expert. It asks questions and provides answers based on responses given. Self-Employment Assistance offers dislocated workers the opportunity for early re-employment. The program is designed to encourage and enable unemployed workers to create their own jobs by starting their own small businesses. Under these programs, States can pay a self-employed allowance, instead of regular unemployment insurance benefits, to help unemployed workers while they are establishing businesses and becoming self-employed. Participants receive weekly allowances while they are getting their businesses off the ground. A corporation is a legal entity created through the laws of its state of incorporation. Individual states have the power to promulgate laws relating to the creation, organization and dissolution of corporations. Many states follow the Model Business Corporation Act.State corporation laws require articles of incorporation to document the corporation’s creation and to provide provisions regarding the management of internal affairs. Most state corporation statutes also operate under the assumption that each corporation will adopt bylaws to define the rights and obligations of officers, persons and groups within its structure. States also have registration laws requiring corporations that incorporate in other states to request permission to do in-state business.There has also been a significant component of Federal corporations law since Congress passed the Securities Act of 1933, which regulates how corporate securities are issued and sold. Federal securities law also governs req uirements of fiduciary conduct such as requiring corporations to make full disclosures to shareholders and investors. The law treats a corporation as a legal â€Å"person† that has standing to sue and be sued, distinct from its stockholders. The legal independence of a corporation prevents shareholders from being personally liable for corporate debts. It also allows stockholders to sue the corporation through a derivative suit and makes ownership in the company (shares) easily transferable. The legal â€Å"person† status of corporations gives the business perpetual life; deaths of officials or stockholders do not alter the corporation’s structure.Corporations are taxable entities that fall under a different scheme from individuals. Although corporations have a â€Å"double tax† problem — both corporate profits and shareholder dividends are taxed — corporate profits are taxed at a lower rate than the rates for individuals.Corporate law has important intersections with contracts and commercial transactions law. A generic term for shares of stock, bonds, and debentures issued by corporations and governments to evidence ownership and terms of payment of dividends or final payoff. They are called securities because the assets or profits of the corporation or the credit of the government stand as security for payment. However, unlike secured transactions in which specific property is pledged, securities are only as good as the future profitability of the corporation or the management of the governmental agency. Most securities are traded on various stock or bond markets. Securities law exists because of unique informational needs of investors. Securities are not inherently valuable; their worth comes only from the claims they entitle their owner to make upon the assets and earnings of the issuer or the voting power that accompanies such claims. The value of securities depends on the issuer’s financial condition, products and markets, management, and the competitive and regulatory climate. Securities laws and regulations aim at ensuring that investors receive accurate and necessary information regarding the type and value of the interest under consideration for purchase. Securities exist in the form of notes, stocks, treasury stocks, bonds, certificates of interest or participation in profit sharing agreements, collateral trust certificates, preorganization certificates or subscriptions, transferable shares, investment contracts, voting trust certificates, certificates of deposit for a security, and a fractional undivided interest in gas, oil, or other mineral rights. Certain types of notes, such as a note secured by a home mortgage or a note secured by accounts receivable or other business assets, are not securities. * The Setting for Buying and Trading Two principle settings for buying and selling securities exist – issuer transactions and trading transactions. On the one hand, issuer transactions are the means by which businesses raise capital. These transactions involve the sale of securities by the issuer to investors. On the other hand, trading transactions refers to the purchasing and selling of outstanding securities among investors. Investors trade outstanding securities through securities markets that can be either stock exchanges or â€Å"over-the-counter.† Stock exchanges provide a place, rules, and procedures for buying and selling securities, and the government heavily regulates them. Generally, to have their securities sold and bought on a stock exchange, a company must list its securities on a given exchange. The Securities and Exchange Commission (SEC) must approve the stock exchange’s rules before they take effect. Transactions that do not take place on a stock exchange occur in the the residual securities market, known as the over-the-counter market. Only dealers and brokers registered with the SEC may engage in securities business both on stock exchanges and in over-the-counter markets. Most of the broker-dealers serving the public used to be members of the National Association of Securities Dealers (NASD), which served the NASDAQ stock market, but in 2007, the NASD merged with the dealers from the New York Stock Exchange to form the Financial Industry Regulatory Authority (FINRA) a national securities association registered with SEC. Securities regulations focus mainly on the market for common stocks. Both federal and state laws regulate securities. On the heels of the Great Depression, Congress enacted the first of the federal securities laws, the Federal Securities Act of 1933, which regulates the public offering and sale of securities in interstate commerce. This Act also prohibits the offer or sale of a security not registered with the Securities Exchange Commission and requires the disclosure of certain information to the prospective securities’ purchaser. Then, needing an agency to enforce those regulations, Congress established the Securities Exchange Act of 1934, which created the SEC. Since then, Congress has charged the SEC with administering federal securities laws. The 1933 Act’s registration requirements aimed to enable purchasers to make reasoned decisions by requiring companies to provide reliable information. The Securities Exchange Act of 1934 also regulates officers, directors, and principal share holders in an attempt to maintain fair and honest markets. The Act requires that issuers, subject to certain exemptions, register with the SEC if they want to have their securities traded on a national exchange. Issuers of securities registered under the 1934 Act must file various reports with the SEC in order to provide the public with adequate information about companies with publicly traded stocks. The 1934 Act permits the SEC to promulgate rules and regulations to protect the public and investors by prohibiting manipulative devices and contrivances via the mail system or other means of interstate commerce A partnership is a for-profit business association of two or more persons. Because the business component is defined broadly by state laws and because â€Å"persons† can include individuals, groups of individuals, companies, and corporations, partnerships are highly adaptable in form and vary in complexity. Each partner shares directly in the organization’s profits and shares control of the business operation. The consequence of this profit sharing is that partners are jointly and independently liable for the partnership’s debts.Creation, organization, and dissolution of partnerships are governed by state law. Many states have adopted the Uniform Partnership Act. A partner relationship is generally the result of a contract either express or implied with no formal requirements (such as a signed document). This is not the case of a limited partnership where one or more general partners manage business operations and assume personally liable for partnership debts while other contributing/profit sharing partners take no part in running the business and incur no liability beyond contribution obligations.) Limited partnerships are governed in many states by the Uniform Limited Partnership Act . State property law also impacts partnerships by defining ownership in a partnership and determining how the death of a partner changes the partnership structure. Federal law plays a minimal role in partnership law except in the context of a diversity action, or in instances where a partnership agreement contains an effective choice-of-law provision designating the application of federal law. Federal law also governs whether a partnership exists for federal tax purposes. For state and federal tax purposes, a partnership is not a taxable entity. Partnership income is taxable to the partners in proport ion to their share in the company’s profits. Despite their importance to the economy, small businesses are heavily burdened by the costs of government regulation and excessive paperwork. Advocacy research shows that firms with fewer than 20 employees annually spend 45 percent more per employee than larger firms do to comply with federal regulations. Advocacy is an independent voice for small business within the federal government and is the watchdog for the Regulatory Flexibility Act (RFA). Advocacy advances the views and concerns of small business before Congress, the White House, the federal agencies, the federal courts and state policy makers. An arrangement under which a borrower puts up the title to real estate as security (collateral) for a loan to buy the real estate. The borrower typically agrees to make regular payments of principal and interest to repay the loan. If the borrower falls behind (defaults) on the payments, the lender can foreclose on the real estate and have it sold to pay off the loan. A mortgage involves the transfer of an interest in land as security for a loan or other obligation. It is the most common method of financing real estate transactions. The mortgagor is the party transferring the interest in land. The mortgagee, usually a financial institution, is the provider of the loan or other interest given in exchange for the security interest. Normally, a mortgage is paid in installments that include both interest and a payment on the principle amount that was borrowed. Failure to make payments results in the foreclosure of the mortgage. Foreclosure allows the mortgagee to declare that the entire m ortgage debt is due and must be paid immediately. This is accomplished through an acceleration clause in the mortgage. Failure to pay the mortgage debt once foreclosure of the land occurs leads to seizure of the security interest and its sale to pay for any remaining mortgage debt. The foreclosure process depends on state law and the terms of the mortgage. The most common processes are court proceedings (judicial foreclosure) or grants of power to the mortgagee to sell the property (power of sale foreclosure). Many states regulate acceleration clauses and allow late payments to avoid foreclosure. Some states use instruments called deeds of trust instead of traditional mortgages. Three theories exist regarding who has legal title to a mortgaged property. Under the title theory title to the security interest rests with the mortgagee. Most states, however, follow the lien theory under which the legal title remains with the mortgagor unless there is foreclosure. Finally, the intermediate theory applies the lien theory until there is a default on the mortgage whereupon the title theory applies. The mortgagor and the mortgagee generally have the right to transfer their interest in the mortgage. Some states hold that even when the purchaser of a property subject to a mortgage does not explicitly take over the mortgage the transfer is assumed. Mortgages employ due-on-sale and due-on-encumbrance clauses to prevent the transfer of mortgages. These clauses allow acceleration (having the principal and interest become due immediately) of the mortgage. The law of contracts and property govern the transfer of the mortgage’s interest. If the mortgage being foreclosed is not the only lien on the property then state law determines the priority of the property interests. For example, Article 9 of the Uniform Commercial Code governs conflicts between mortgages on real property and liens on fixtures (personal property attached to a piece of real estate). When a mortgage is a negotiable instrument it is governed by Article 3 of the Uniform Commercial Code. A mortgage may be used as a security interest by the mortgage. * Strangely enough, the word mortgage comes from the French word â€Å"mort† which means â€Å"dead† and â€Å"gage† from Old English, which means pledge. The term came from the doubtfulness of whether or not the mortgagor would pay the debt. In the 1500’s, if the mortgagor did not pay, then the land pledged as security for the debt was taken away. The land was then considered â€Å"dead† to the mortgagor. Nowadays, the term mortgage is used as a term for purchasing a property. We no longer associate anyone’s death with it. Although a few lucky people may be in a position to pay all cash for a property, home mortgages are required to purchase a home. Mortgages all have a term (typically 15, 20 or 30 years) representing the length of time before your home is paid off and a rate which determines the principal and interest payment that will be required to be paid during this term. Bankruptcy law provides for the development of a plan that allows a debtor, who is unable to pay his creditors, to resolve his debts through the division of his assets among his creditors. This supervised division also allows the interests of all creditors to be treated with some measure of equality. Certain bankruptcy proceedings allow a debtor to stay in business and use revenue generated to resolve his or her debts. An additional purpose of bankruptcy law is to allow certain debtors to free themselves (to be discharged) of the financial obligations they have accumulated, after their assets are distributed, even if their debts have not been paid in full. Bankruptcy law is federal statutory law contained in Title 11 of the United States Code. Congress passed the Bankruptcy Code under its Constitutional grant of authority to â€Å"establish uniform laws on the subject of Bankruptcy throughout the United States.States may not regulate bankruptcy though they may pass laws that govern other aspects of the debtor-creditor relationship. There are two basic types of Bankruptcy proceedings. A filing under Chapter 7 is called liquidation. It is the most common type of bankruptcy proceeding. Liquidation involves the appointment of a trustee who collects the non-exempt property of the debtor, sells it and distributes the proceeds to the creditors. Bankruptcy involve the rehabilitation of the debtor to allow him or her to use future earnings to pay off creditors. Under Chapter 7, 12, 13, and some 11 proceedings, a trustee is appointed to supervise the assets of the debtor. A bankruptcy proceeding can either be entered into voluntarily by a debtor or initiated by creditors. After a bankruptcy proceeding is filed, creditors, for the most part, may not seek to collect their debts outside of the proceeding. The debtor is not allowed to transfer property that has been declared part of the estate subject to proceedings. Furthermore, certain pre-proceeding transfers of property, secured interests, and liens may be delayed or invalidated. Various provisions of the Bankruptcy Code a lso establish the priority of creditors’ interests. * Small Business Financing – Loans and Grants Federal, state and local governments offer a wide range of financing programs to help small businesses start and grow their operations. These programs include low-interest loans, venture capital, and scientific and economic development grants. The Uniform Commercial Code (UCC or the Code), first published in 1952, is one of a number of uniform acts that have been promulgated in conjunction with efforts to harmonize the law of sales and other commercial transactions in all 50 states within the United States of America. The goal of harmonizing state law is important because of the prevalence of commercial transactions that extend beyond one state. The UCC therefore achieved the goal of substantial uniformity in commercial laws and, at the same time, allowed the states the flexibility to meet local circumstances. The UCC deals primarily with transactions involving personal property (movable property), not real property (immovable property). The U.S. Department of Commerce has a broad mandate to advance economic growth and jobs and opportunities for the American people. It has cross cutting responsibilities in the areas of trade, technology, economic development, environmental stewardship and statistical research and analysis. The products and services the department provides touch the lives of Americans and American companies in many ways, including weather forecasts, the decennial census, and patent and trademark protection for inventors and businesses. The Uniform Commercial Code (UCC), a comprehensive code addressing most aspects of commercial law, is generally viewed as one of the most important developments in American law. The UCC text and draft revisions are written by experts in commercial law and submitted as drafts for approval to the National Conference of Commissioners on Uniform State Laws (now referred to as the Uniform Law Commissioners), in collaboration with the American Law Institute. The Commissioners are all attorneys, qualified to practice law, including state and federal judges, legislators and law professors from the United States and its territories. These quasi-public organizations meet and decide whether to endorse these drafts or to send them back to the experts for revision. The revision process may result in several different revisions of the original draft. Once a draft is endorsed, the Uniform Law Commissioners recommend that the states adopt these rules. The UCC is a model code, so it does not have leg al effect in a jurisdiction unless UCC provisions are enacted by the individual legislatures as statutes. Currently, the UCC (in whole or in part) has been enacted, with some local variation, in all 50 states, the District of Columbia, and the Virgin Islands. AN ACT to enact the uniform commercial code, relating to certain commercial transactions in or regarding personal property and contracts and other documents concerning them, including sales, commercial paper,bank deposits and collections, letters of credit, bulk transfers, warehouse receipts, bills of lading, other documents of title, investment securities, leases, and secured transactions, including certain sales of accounts and contract rights; to provide for public notice to third parties in certain circumstances; to regulate procedure, evidence and damages in certain court actions involving such transactions, contracts or documents; to make uniform the law with respect there to; to make an appropriation; to provide penalties; and to repeal certain acts and parts of acts. * 1-101. Short Titles. (a) This [Act] may be cited as the Uniform Commercial Code. * 1-102. Scope of Article. This article applies to a transaction to the extent that it is governed by another article of [the Uniform Commercial Code]. * 1-103. Construction of [Uniform Commercial Code] to Promote its Purposes and Policies: Applicability of Supplemental Principles of Law. (a) [The Uniform Commercial Code] must be liberally construed and applied to promote its underlying purposes and policies, which are: (1)to simplify, clarify, and modernize the law governing commercial transactions; (2) to permit the continued expansion of commercial practices through custom, usage, and agreement of the parties; and (3) to make uniform the law among the various jurisdictions. (b) Unless displaced by the particular provisions of [the Uniform Commercial Code], the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, fraud, misrepresentation,mistake, bankruptcy, and other validating or invalidating cause supplement its provisions. * 1-104. Construction Against Implied Repeal. [The Uniform Commercial Code] being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided. If any provision or clause of [the Uniform Commercial Code] or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of [the Uniform Commercial Code] which can be given effect without the invalid provision or application, and to this end the provisions of [the Uniform Commercial Code] are severable. * 1-106. Use of Singular and Plural; Gender. In [the Uniform Commercial Code], unless the statutory context otherwise requires: (1) words in the singular number include the plural, and those in the plural include the singular; and (2) words of any gender also refer to any other gender. Section captions are part of [the Uniform Commercial Code]. * 1-108. Relation to Electronic Signatures in Global and National Commerce Act. This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., except that nothing in this article modifies, limits, or supersedes Section 7001(c) of that Act or authorizes electronic delivery of any of the notices described in Section 7003(b) of that Act. (a) Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in other articles of [the Uniform Commercial Code] that apply to particular articles or parts thereof, have the meanings stated. (b) Subject to definitions contained in other articles of [the Uniform Commercial Code] that apply to particular articles or parts thereof: (1) â€Å"Action†, in the sense of a judicial proceeding, includes recoupment, counterclaim, set-off, suit in equity, and any other proceeding in which rights are determined. (2) â€Å"Aggrieved party† means a party entitled to pursue a remedy. (3) â€Å"Agreement†, as distinguished from â€Å"contract†, means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in Section 1-303. (4) â€Å"Bank† means a person engaged in the busines s of banking and includes a savings bank, savings and loan association, credit union, and trust company. (5) â€Å"Bearer† means a person in possession of a negotiable instrument, document of title, or certificated security that is payable to bearer or indorsed in blank. (6) â€Å"Bill of lading† means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods. (7) â€Å"Branch† includes a separately incorporated foreign branch of a bank. (8) â€Å"Burden of establishing† a fact means the burden of persuading the trier of fact that the existence of the fact is more probable than its nonexistence. (9) â€Å"Buyer in ordinary course of business† means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the seller’s own usual or customary practices. A person that sells oil, gas, or othe r minerals at the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under Article 2 may be a buyer in ordinary course of business. (10) â€Å"Conspicuous†, with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. Whether a term is â€Å"conspicuous† or not is a decision for the court. Conspicuous terms include the following: (A) a heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same or lesser size; and (B) language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding te xt of the same size, or set off from surrounding text of the same size by symbols or other marks that call attention to the language. (11) â€Å"Consumer† means an individual who enters into a transaction primarily for personal, family, or household purposes. (12) â€Å"Contract†, as distinguished from â€Å"agreement†, means the total legal obligation that results from the parties’ agreement as determined by [the Uniform Commercial Code] as supplemented by any other applicable laws. (13) â€Å"Creditor† includes a general creditor, a secured creditor, and any representative of creditors, including an assignee for the benefit of creditors, a receiver in equity, and an executor or administrator of an insolvent debtor’s or assignor’s estate. (14) â€Å"Defendant† includes a person in the position of defendant in a counterclaim, cross-claim, or third-party claim. (15) â€Å"Delivery†, with respect to an instrument, document of title, or chattel paper, means voluntary transfer of possession. Includes the appropriate rules and customs for handling trade between countries. However, it is also used in legal writings as trade between private sectors, which is not right. This branch of law is now an independent field of study as most governments has become part of the world trade, as members of the World Trade Organization (WTO). Since the transaction between private sectors of different countries is important part of the WTO activities, this latter branch of law is now very important part of the academic works and is under study in many universities across the world. International trade law should be distinguished from the broader field of international economic law. The latter could be said to encompass not only WTO law, but also law governing the international monetary system and currency regulation, as well as the law of international development. The body of rules for transnational trade in the 21st century derives from medieval commercial laws called the lex mercatoria and lex maritima — respectively, â€Å"the law for merchants on land† and â€Å"the law for merchants on sea.† Modern trade law (extending beyond bilateral treaties) began shortly after the Second World War, with the negotiation of a multilateral treaty to deal with trade in goods: the General Agreement on Tariffs and Trade (GATT). International trade law is based on theories of economic liberalism developed in Europe and later the United States from the 18th century onwards. International Trade Law is an aggregate of legal rules of â€Å"international legislation† and new lex mercatoria, regulating relations in international trade. â€Å"International legislation† – international treaties and acts of international intergovernmental organizations regulating relations in international trade. lex mercatoria – â€Å"the law for merchants on land†. Alok Narayan defines â€Å"lex mercatoria† as â€Å"any law relating to businesses† which was criticised by Professor Julius Stone. and lex maritima – â€Å"the law for merchants on sea. Alok in his recent article criticised this definition to be â€Å"too narrow† and â€Å"merely-creative†. Professor Dodd and Professor Malcolm Shaw of Leeds University supported this proposition. Contract: the elements of a contract The first step in a contract question is always to make sure that a contract actually exists. There are certain elements that must be present for a legally binding contract to be in place. The first two are the most obvious: * An offer: an expression of willingness to contract on a specific set of terms, made by the offeror with the intention that, if the offer is accepted, he or she will be bound by a contract. * Acceptance: an expression of absolute and unconditional agreement to all the terms set out in the offer. It can be oral or in writing. The acceptance must exactly mirror the original offer made. * A counter-offer is not the same as an acceptance. A counter-offer extinguishes the original offer: you can’t make a counter-offer and then decide to accept the original offer! But†¦ * A request for information is not a counter-offer. If you ask the offeror for information or clarification about the offer, that doesn’t extinguish the offer; you’re still free to accept it if you want. It is very important to distinguish an offer from an invitation to treat – that is, an invitation for other people to submit offers. Some everyday situations which we might think are offers are in fact invitations to treat: * Goods displayed in a shop window or on a shelf. * When a book is placed in a shop window priced at  £7.99, the bookshop owner has made an invitation to treat. * When I pick up that book and take it to the till, I make the offer to buy the book for  £7.99. * When the person at the till takes my money, the shop accepts my offer, and a contract comes into being. * Adverts basically work in the same way as the scenario above. Advertising something is like putting it in a shop window. * The original advertising of the auction is just an invitation to treat. * When I make a bid, I am making an offer. * When the hammer falls, the winning ‘offer’ has been accepted. The seller now has a legally binding contract with the winning bidder (so long as there is no reserve price that hasn’t been reached) An offer can be revoked at any time before it is accepted, so long as you inform the person you made the offer to that the offer no longer stands. * Consideration: each party to the contract must receive something of value.Consideration is the price paid for the other’s promise. There are four legal maxims that apply to consideration: * Consideration must move from the promisor; * Consideration need not move to the promisee; * Past consideration is not good consideration; * The consideration given must be sufficient, but it need not be adequate. Arrangements of a social nature are presumed not to be legally binding, whilse commercial arrangements are presumed to be intended as binding contracts. Of course, these presumptions can always be rebutted in court by producing evidence to the contrary. It is essential to know about business law before starting a business, as it will help you operate your business without the hindrances of ignorance. It is better to seek the expert guidance of an accountant and an attorney to learn about the latest business laws that will affect your business.. There are different laws for different business entities. Be certain you learn about the business laws that govern the kind of business entity that you choose to start. The major types of businesses are C, S and closed corporations, limited liability companies, and sole proprietorships. Zoning Laws: It is essential to know about zoning laws, as certain zones are restricted in certain areas. It deals with the kind or type of business allowed in certain areas, how the land surrounding a business is used, signboards, advertisements, and parking. Licensing Laws: In order to operate a business certain licenses are required and there are some important business laws you need to know. If a business operates without these licenses, it is illegal and the business may be dissolved or forced to close. Trademark and Patent Laws: These are laws that deal with ownership; intellectual property rights, and inventions. They are necessary to protect the business. Employment Laws: These are laws regarding the hiring and firing of employees, their rights, compensation, safety, work place discrimination, child labor laws, overtime pay structure, disability laws and unemployment laws. Tax Laws: This section deals with filing of tax returns and depends on the kind of business entity and the state the business operates in, sales tax. These include franchise tax, income tax and other state and federal tax requirements of a business. These are very important business laws you need to know before starting a business. Environmental Laws: The government enforces the environmental laws for the discharge of hazardous waste and the recycling laws pertaining to the business. Health Department Permits: This is necessary if your business deals with food products. You must get health department permits to operate your business. Fire Department Permits and Air and Water Pollution Control Permits: There are laws that certain kinds of business entities must get permits from these departments to operate. The list above contains basic business laws you need to know before starting a company. It is necessary to take precautions that you are not violating any law by operating your business. You must obtain all the necessary permits and licenses from the appropriate authority. Business Law. (2017, Feb 07). We have essays on the following topics that may be of interest to you