Aust studies essays

Aust studies essays Since 1988 Australia has changed quite a bit, one would hope it was for the better and it looks that way. As Australians we have become more health conscious and we have stopped being ashamed of our multiculturalism. There are three domains where change can be noticed the most. These are: Environment, Culture and Social systems. In each of these domains over the past twelve years Australia has become more diverse in culture, richer in Environment and more giving and learned in Social systems. From the mid twentieth century Australia has been a nation of people who flock to the beach on the weekends as a ritual. Everyone eagerly awaited the arrival of a radio stations car or truck to spray them in cooking oil so they could roast on the beach (quite literally). twelve Years on we have discovered such actions result in less than desirable outcomes and no longer do we wait for the car to spray us with cooking oil but to give us packets of sunscreen. We have made this step forward collectively so that our horrendous rate of death from skin cancer will hopefully drop. Although its like denuding us of our stereotypical "no worries" attitude to life now, we have to worry about our health before our fun and social life. In the pre nineteen eighties almost every suburban Australian household had an English garden, with roses and hedges and anything English they could find. This was most probably a reminder of the earlier times when it was hand on heart and all love the monarchy. Unfortunately this is now a phenomenon that has plagued Australia for far too long. However this trend is dieting thankfully to the republican movement and the gardeners who believe that replanting Australia in it natural species of flora is the best way of going to get back our rugged "outback" feel and get our natural fauna eating our own food and not some English or introduced species. We are slowly but surely getting into the new beat tha ...

Free Essays on Mitchell Difficulty Paper

Difficulty Paper – Mitchell After reading W.J.T. Mitchell’s essay, The Photographic Essay: Four Case Studies, I found many ideas difficult to understand. The essay revolved around how photographs can be presented with and without an accompanying text and how these two rudiments relate to each other. Throughout the text, Mitchell is trying to show that â€Å"photography is and is not a language, and that retrospectively, language is and is not photography† (Mitchell 522). The entire understanding of a photograph and its accompanying text is a difficult relationship to understand. The relationship is described as â€Å"a principal site of struggle for value and power in contemporary representations of reality† (Mitchell 522). Mitchell uses multiple quotations to try to back up his point. He also uses difficult language throughout the essay. With a combination of a difficult topic, multiple quotations, and difficult language, I found this essay difficult to read. The entire topic of photographs and its relation to text is a difficult undertaking. Mitchell assumed that we as the reader understood the components of art in photography. By not explaining this, the reader has no understanding of photography or any of the elements about it. Mitchell’s explanation of the relationship between photographs and text completely lost the reader. Another area for concern with Mitchell’s essay is that he talks about four very different essays, but does not prove a point. All he does is give a basic summary of what was stated. By not explaining the importance of the different ideas from each essay, the reader has no point in knowing about each of these independent essays. Mitchell wrote his essay based on four other essays, but did not clearly give a good enough background for the reader to form their own conclusion. Mitchell leaves much of the understanding of this topic to personal interpretation, which is impossible to do witho... Free Essays on Mitchell Difficulty Paper Free Essays on Mitchell Difficulty Paper Difficulty Paper – Mitchell After reading W.J.T. Mitchell’s essay, The Photographic Essay: Four Case Studies, I found many ideas difficult to understand. The essay revolved around how photographs can be presented with and without an accompanying text and how these two rudiments relate to each other. Throughout the text, Mitchell is trying to show that â€Å"photography is and is not a language, and that retrospectively, language is and is not photography† (Mitchell 522). The entire understanding of a photograph and its accompanying text is a difficult relationship to understand. The relationship is described as â€Å"a principal site of struggle for value and power in contemporary representations of reality† (Mitchell 522). Mitchell uses multiple quotations to try to back up his point. He also uses difficult language throughout the essay. With a combination of a difficult topic, multiple quotations, and difficult language, I found this essay difficult to read. The entire topic of photographs and its relation to text is a difficult undertaking. Mitchell assumed that we as the reader understood the components of art in photography. By not explaining this, the reader has no understanding of photography or any of the elements about it. Mitchell’s explanation of the relationship between photographs and text completely lost the reader. Another area for concern with Mitchell’s essay is that he talks about four very different essays, but does not prove a point. All he does is give a basic summary of what was stated. By not explaining the importance of the different ideas from each essay, the reader has no point in knowing about each of these independent essays. Mitchell wrote his essay based on four other essays, but did not clearly give a good enough background for the reader to form their own conclusion. Mitchell leaves much of the understanding of this topic to personal interpretation, which is impossible to do witho...

Was it the suffragette movement, or the changes brought about by the Essay

Was it the suffragette movement, or the changes brought about by the great war, that enabled women to get the vote in 1918 - Essay Example So, some believe that the World War I is the major reason for women suffrage and few others believe that the suffrage movements played the key role. The suffrage movement in itself represents a broad range of protests and social movements and had people of both gender with varying views. For instance, Emmeline Pankhurst, who led the Women’s Social and Political Union in 1903, was one of the leaders of suffrage movement and an English political activist and was so militant in the approach. There were diverse views about the â€Å"woman’s place† the different groups fought for. Some of them strongly felt that women were naturally kind and weak, and that these qualities may contribute towards political agenda and policies that have a great bearing on household, children and other social safety. They felt that they might have a civilizing effect on political affairs; for example, laws regarding alcohol or child safety, can be best supported and decided by women. A few others voiced for suffrage based on their strong belief in equal rights and woman’s role. They were against any discourse that listed any n atural role for women, rather supported the idea that men and women are equal and capable of same things. While such groups were led by their ideologies about women, other supporters of suffrage were guided by the opinion that all adults have franchise irrespective of class, gender or race. A significant section felt that women suffrage can cancel the votes of men belonging to lower class or non-white race. Each political activist group working towards women suffrage had its own ideology but working towards the same end. Suffrage basically revolved around the idea of human rights and equality. The history of suffrage movement goes back to 1800’s when, the first women’s rights meeting was held in Unites States and this was followed by the rising egalitarian or democratic spirit among women. However, it was the Nineteenth Amendment that

Lighting for households Essay Example | Topics and Well Written Essays - 500 words

Lighting for households - Essay Example Some like the roof windows act as a means of ventilation, these are relatively cheap to buy and easy to install. Electrical fittings can also be used to provide additional light at night. Instead of using bulbs with a high watt, more bulbs should be used to give an even spread of light. It would be better if the bulbs were changed from a single pendant to fitting one with multiple arms. Table and wall lights should also be installed to provide light and illuminate dark areas. Table, wall and floor should also be installed to improve the quality of light at night. The houses should have white ceilings and light or white walls as this will make the room appear brighter due to reflection of light around the room (Trade Lighting Company, 2014). Illuminating the ceiling and the top half of the room will make the room appear brighter. The fireplace can be used at night to provide additional light as well as heat. Quality of light that gets into households can be improved by doing the simplest and most inexpensive of things, therefore, it is recommended that; curtains should be secured and tied back from the windows to prevent obstruction of the sunlight (Almeida, Bertoldi, and Ricci, 87). Secondly, curtains that blocks light should be avoided since that translates to less light in the room and thus poor lighting. Net curtains should also be avoided since they block the light instead, shades should be fitted The shades and fittings used on the windows greatly influence the amount of light that goes into the house, therefore, they ought to use shades and fitting that will allow and direct light into the house. Ultimate concern should be considered to ensure that the shades do not shield light, but they prevent glare (Almeida, Bertoldi, and Ricci, 90). In addition to this, the windowsills should be white rather than using dark colors since white reflects the light unlike other darker

Issues, concerns, and challenges in environmental adjucation in the philippine court system Essay Example for Free

Issues, concerns, and challenges in environmental adjucation in the philippine court system Essay Introduction The court system is an integral part of environmental enforcement in the Philippines and has made many important contributions to the field. However, environmental cases do not always progress smoothly through the judicial system. This paper is intended to identify important legal issues in the judicial system that affect or limit environmental adjudication. 2 The issues are divided between access to and competency of justice, and legal procedures. While many of these issues could be analyzed further, this paper will highlight the ones to which attention should be paid in any more comprehensive study of Philippine environmental case law. 3 This paper will also use examples and case studies from the United States to illustrate important legal points, since the U. S. and Philippines have similar legal systems. II. Issues A. Legal Procedure and Rules of the Court Because of their unique and complex nature, environmental cases are sometimes hindered by legal mechanisms and rules of procedure designed for non-environmental cases. These include rules on standing and class action suits that often do not take into account the fact that environmental damage impacts all citizens. Furthermore, the nature and science of environmental violations often means that statutes of limitations, evidentiary rules, and burdens of proof are not suitable. Some of these issues can be handled internally by the judicial system by instructing lower courts to apply rules liberally. The impact of all of these issues, and how many actually present problems for plaintiffs, is crucial. 1. Standing of Plaintiffs and Citizens Suits In environmental cases, a plaintiff may not necessarily be legally injured in the traditional sense by an act of environ-mental destruction to impair his livelihood. For example, plaintiffs cannot recover damages for fish killed by pollution because they lack standing, despite the obvious economic loss they suffered. 4 While the destruction of natural aesthetic beauty is a moral outrage that indirectly harms all citizens, under traditional legal standing person no would have standing to sue. 5 Furthermore, environmental laws are designed to prevent catastrophic harm that is often not imminent or contained to one geographic area, as opposed to the narrow, immediate harms that provide the basis of most standing requirements. 6 Strict rulings on standing could stifle environmental enforcement, especially since the Philippines lacks sufficient enforcement capacity and personnel. The Philippine Supreme Court has held that standing requires: Such personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court depends for illumination of difficult constitutional questions. 7 The plaintiff himself must have some cognizable and redressable injury. Litigating for a general public interest, or â€Å"mere invocation†¦ of [plaintiff’s] duty to preserve the rule of law†¦ is not sufficient to clothe it with standing†¦. †8 However, the standing requirement is considered a technicality that courts may waive if the case concerns a â€Å"paramount public interest. †9 In its dictum in Oposa v. Factorum, the Court said that children might even have intergenerational standing to sue to prevent the destruction of forests for future generations. 10 There are questions as to the strength of these to reduce the standing threshold for environmental plaintiffs. While courts may waive technical standing provisions when a case deals with a paramount public interest, it is not required to do so. 11 Furthermore, judges may reasonably differ on what constitutes a â€Å"paramount public interest† since there is no overriding theme o define it. For example, in Kilosbayan, the Court found that determining the legality of an online lottery system fell within this definition, whereas in Integrated Bar, it held that determining whether deploying marines for crime deterrence violates the Constitution does not. 12 The Court did reduce some of this ambiguity in Oposa by declaring that the right to a balanced and healthful ecology concerns nothing less than self-preservation and self-perpetuation, presumably a â€Å"paramount public interest. †13 However, because the Court’s discussion on standing in Oposa was dictum, neither this claim nor the right to intergenerational standing is binding law upon the lower courts. 14 Without further guidance from the Court, it is likely that many lower court judges would be reluctant to act boldly by declaring that a particular issue is a â€Å"paramount public interest† and would deny standing. Congress tried to reduce the standing threshold with citizen suit provisions in environmental statutes, but these have been of limited use thus far. First, only the Philippine Clean Air and Ecological Solid Waste Management Acts contain citizen suit provisions;15 notably, the Philippine Clean Water Act, enacted after these two laws, does not. 16 Second, citizens still bear the risk of paying a winning defendant’s attorney’s fees, which could be costly enough to discourage even valid suits. Most importantly, these suits are still subject to the â€Å"actual controversy† requirement of the Constitution. 17 What this means in the context of citizen suits has not yet been heavily litigated in the Philippines. However, lower court judges often require plaintiffs to show actual injury in the narrow or traditional legal sense. 18 Likewise, when prosecutors deputize citizens to enforce a suit, judges sometimes insist that such deputization is only valid for a single case or even invalid under the Rules of the Court. 19 As a result, citizens suit provisions have been largely unused. 20 Standing under environmental laws is hotly contested in the U. S. 21 The U. S. has put citizens’ suit provisions into almost all of its environmental laws. 22 Plaintiffs are required to show 1) an injury in fact, 2) causation between the injury and the defendant’s actions, and 3) redressability in court. 23 NGOs can sue upon a showing that any of their members would have had standing to sue. 24 The focus is not on the injury to the environment, but rather the injury to the plaintiff or NGO representing him. However, the injury can be economic or non-pecuniary, including aesthetic or recreational value. 25 The Court also held that civil penalties payable to the U. S. Treasury serve as redress as they deter polluters. 26 Causation is often the more difficult element to prove, which will be discussed below in  § 4. In New Zealand, the Environment Court has taken a more radical approach. It has eliminated formal standing provisions, requiring only that a plaintiff have a greater interest than the public generally in a controversy or that he represents a relevant public interest. 27 This makes citizen enforcement very easy. However, one might also be concerned about whether this would overburden the court; granting standing is a fine balance between permitting valid environmental claims and risking frivolous litigation. 2. Class Actions and Large Number of Plaintiffs As the notorious mudslide at Ormoc in 1991 and Marcopper mine tailings in Marinduque show, injuries from environmental damage can be grave, costly, and affect a huge number of persons. 28 Even in less publicized events, the number of injured persons may often make individual litigation burdensome and complex. Furthermore, some members of an injured class may be too poor to prosecute their claims individually. Class action suits can facilitate litigation of such situations by providing for: [T]he protection of the defendant from inconsistent obligations, the protection of the interests of absentees, the provision of a convenient and economical means for disposing of similar lawsuits, and the facilitation of the spreading of litigation costs among numerous litigants with similar claims. 29 Other studies have shown that class action suits can provide important social benefits and encourage citizen enforcement to supplement agency regulation. 30 Class actions may the discourage attorney disloyalty that encourages lawyers to plea bargain for less than the actual injury. As happened in the Chinese poachers case in Palawan, lawyers or prosecutors may not seek full compensation for the damage caused because they have an incentive to expend less time and money on a small case. 31 However, because class actions provide aggregate incentives for lawyers, and fees and settlements undergo higher judicial scrutiny, such â€Å"disloyal† settlements are less likely to occur. 32 While the Philippine Rules of the Court provide for class action suits,33 judges will sometimes be reluctant to certify classes and instead treat the injuries of plaintiffs as separate, despite any common questions of law or fact. In Newsweek, Inc. v. IAC, the Supreme Court ruled that a defamatory remark directed at 8,500 sugar planters do not necessarily apply to every individual in a group, and therefore are not actionable as a class action. 34 Likewise, a judge might refuse to certify a class of pollution victims because they suffer different types of physical injuries, even if the source was the same pollution. In a more litigated legal system, there would be more case law to guide judges on the appropriateness of class actions. However, in the Philippines, this does not yet exist. Add to this the high cost for lawyers, and class actions become even less feasible for most Philippine plaintiffs. 35 In the U. S. , it is much easier to litigate environmental class action suits. The Supreme Court has clearly instructed courts to construe its class action rules liberally and encourage class action suits. 36 This limits judicial discretion in refusing to certify classes to only extreme situations. Furthermore, the rules allow plaintiffs to join by default rather than affirmatively. 37 For environmental cases, the courts will look at the potential number of plaintiffs or the size of the estimated areas that a pollutant has infected to see if plaintiffs have met the numerosity requirement, but they are not required to meet a certain minimum number. 38 For the Philippines, which, unlike the U. S. , has too few environmental class action suits, adopting some of these mechanisms may create a more efficient adjudication process for plaintiffs, defendants, and the courts. 3. Statute of Limitations and Delayed Injuries Unlike a traditional tort or crime, many environmental injuries are not discrete events but only manifest themselves after many years. Pollutants may build up in soils, waters, or human bodies for years without reaching a dangerous level. Cleanup of such sites can take even longer. For example, when the U. S. military left Subic Bay in 1992, it left behind hazardous waste sites with contaminated water that continue to poison the land over a decade later. 39 However, for environmental torts, the statute of limitations is four years, a relatively brief time. This could preclude the litigation of injuries from pollutants with an onset delayed for many years. Thus far statutes of limitation issues have not been a significant factor in environmental litigation. The Philippine Supreme Court addresses similar problems in other fields of law with the discovery rule, allowing the statute of limitations to run when the plaintiff actually or should reasonably have discovered the injury. 40 However, as the courts handle more brown environment cases, it will have to address the tensions between punishing past violators and protecting defendants from time-barred claims. 41 U. S. courts have adopted the due diligence discovery rule, particularly for Clean Water Act and wetlands violations. Because immediate detection of pollution or illegal fill into a wetlands is almost impossible, applying a statute of limitations strictly would defeat the remedial purpose of the act. 42 Courts try to effectuate the Congressional purpose of the statute with the due diligence discovery rule and giving the government a chance to file action against the polluter once the violation is reported to the EPA. 43 Some courts44 realize that a statute of limitation may be inappropriate for cases when pollution continues to cause problems over time. These courts argue that a: Defendants unpermitted discharge of dredged or fill materials into wetlands on the site is a continuing violation for as long as the fill remains. Accordingly, the five-year statute of limitations †¦ has not yet begun to run. 45 The statute of limitation will not run for as long as the pollution remains. Many courts will also treat common law tort nuisances as continuing violations. 46 This approach has the added benefit of allowing the government to fine violators for each day the pollution remains, capturing the more of the costs of environmental destruction. 47 Much of U. S. case law regarding the effect of statutes of limitations on environmental issues comes from ambiguities in the statute of limitation for complex processes, particularly the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), or Superfund law. 48 Because Congress anticipated the complexity and long-term nature of site cleanups, it structured the statute of limitations in a flexible manner, allowing the court hear an initial cost recovery action prior to issuing a declaratory judgment to avoid letting the statute run. It also allows the plaintiff to file subsequent cost-recovery actions to recapture further response costs incurred at the site. 49 However, the law’s different statutes of limitation for remedial and removal actions phases of the cleanup has led to confusion over how the phases are defined. Courts often defer to EPA determinations in characterizing the type of action due to its technical expertise, rather than making that judgment itself. 50 4. Meeting the Burden of Proof In environmental cases, there may be no line of direct evidence from the perpetrator to the harm. In pollution cases it is often impossible to prove that the plaintiff’s harm was caused by his exposure to the toxic material. 51 For example, if several factories dump pollution into Manila Bay, it is impossible to determine which caused a particular environmental harm. Furthermore, the courts cannot expect absolute scientific certainty on the effects of a health risk such as electro-magnetic fields from power cables. 52 Given these problems, the traditional burden of proof standards, preponderance for civil cases and beyond a reasonable doubt for criminal,53 may prove to be prohibitively high. Philippine courts employ liability-shifting mechanisms to manage this difficulty in environmental cases. For example, pursuant to the Fisheries Code, courts use reverse burden of proof to place the burden of exculpation on defendants found with high-explosive or cyanide fishing gear. 54 Furthermore, the courts have begun to experiment with the precautionary principle, placing the constitutional rights to health and safety above development. 55 The courts also employs res ipsa loquitor in tort suits,56 although this has not been a prominent feature of environmental litigation. Plaintiffs may also hold multiple defendants jointly and severally liable for an act of environmental destruction that cannot be traced to a single defendant company, such as the pollution in Manila Bay. 57 Until recently, Philippine lawmakers did not see a need to introduce a strict liability58 regime into environmental laws. 59 Strict liability was employed in other fields, but not environ-mental laws. More recent anti-pollution laws such as the Clean Air and Solid Waste Management Acts establish that a violation of the standard is actionable through citizen suits. 60 In U. S. , because of its common law tradition, courts are more willing to employ strict liability. Generally, when a defendant, â€Å"though without fault, has engaged in [a] perilous activity †¦, there is no justification for relieving it of liability. †61 Such â€Å"perilous activities† include operating explosives, nuclear energy, hydropower, fire, high-energy explosives, poisons, and other extremely hazardous materials. 62 For citizens suits under environmental statutes, plaintiffs need only show that the law was violated, not prove fault or any actual or threatened harm, without regard to mens rea. 63 When it is impossible to determine the proportion of fault of a large number of defendants, U. S. courts may approximate fault through other indicators, including market share and production output. For example, in Hymowitz v. Eli Lilly ; Co. , the New York Court of Appeals calculated the size of each defendant drug company’s market share for DES to determine their fault in the injuries caused by the drug. 64 This also allows courts to address injuries sustained in the past by approximating past fault through data available in the present. The Environment Court in New Zealand has adopted an even more radical approach and done away with formal burdens of proof. It focuses instead on obtaining the best possible evidence for a case. This makes it easier for plaintiffs appealing to the court to dislodge an unfavorable opinion from a lower court. 65 While the Philippine Supreme Court may not wish to go this far, the court could more strict liability for hazardous materials and market share liability tools. 5. Damages and Remedies Even if a plaintiff wins damages from a defendant, if the defendant keeps polluting or cutting trees, the damage will continue. 66 In the Philippines, this is particularly problematic as the fines and penalties imposed under law are often not enough to change a company’s behavior. In order to encourage development, Congress prohibited temporary restraining orders against government projects. 67 Since government infrastructure projects can cause massive damage to ecosystems, this prohibition is significant. Some courts try to avoid this loophole by claiming that the prohibition cannot violate a person’s constitutional right to health or safety. 68 The extent of this loophole is unclear. Finally, even if a plaintiff or prosecution wins its case, most of the time the true costs of the defendant’s actions will not be reflected in the award. Damages in civil cases and punishments in criminal cases generally capture the costs of any suffering caused to humans, not animals or plants. While some settlements may include forcing a defendant to install pollution-control equipment or contribute money to conservation programs, this still likely does not recoup the full extent of damage to the environment. It is difficult to regenerate natural forest, coral reefs, or populations of endangered animals. The judicial system does not have much power to remedy this problem. The decision on the purpose of environmental laws and how much plaintiffs recover is for the Congress. However, it is important for judges to understand that environmental cases deal with only a fraction of the true costs of environmental damage. This may convince some judges to be more sympathetic toward environmental cases. While punishments for defendants may seem exorbitant, understanding the unaccounted costs of environmental damage puts these into perspective. B. Access to and Competency of Justice Aside from the legal issues described above, in any country, there are a host of practical and logistical issues that impede the judicial system’s ability to handle environmental cases. This includes the lack of financial resources of plaintiffs, particularly in poorer parts of the Philippines. Plaintiffs and their lawyers must also feel safe from physical and financial harassment while litigating their case. On the other hand, both courts and lawyers are often unfamiliar with environmental laws and science, limiting their ability to adjudicate in the field. Finally, court dockets are often congested, and environmental cases are not given priority. The judicial system’s role in addressing these issues ranges from fairly involved to almost no role. Yet, in attempting to understand environmental adjudication in the Philippines, it is crucial to recognize the role these practical realities play. 1. Financial Costs of Adjudication In any legal system, filing and litigating a case takes an enormous amount of time and money. Philippine courts impose a filing and transcript fee, although these are waived for citizens suits. Reflecting on his experiences, famous environmental attorney Antonio Oposa suggested that these costs were the greatest inhibitions for most plaintiffs. 69 Furthermore, for injunctive remedies, plaintiffs must post a bond to cover the defendant’s potential damages, which may be too large for a poor plaintiff with livestock and property as his only assets. 70 Most Philippine lawyers do not use a contingency fee system, so plaintiffs must be able to pay for legal services up front and over the lengthy litigation process. 71 On top of this, there is the risk of financially crushing harassment suits from defendants, or Strategic Lawsuit Against Public Participation (SLAPP). Even the logistics of feeding and housing witnesses, and their lost time from work, poses significant problems for predominantly poorer plaintiffs. In the U. S. , NGOs often receive enough donations to allow them to engage in litigation and have staff lawyers. More importantly, plaintiffs’ attorneys often work on a contingency basis, allowing poorer plaintiffs to avoid large financial risk. Furthermore, NGOs and environmental groups seeking injunctive remedies are often required only to pay a nominal bond or may be exempted completely. 72 While some might worry this makes litigation in the U. S. too easy, it drastically improves poor people’s access to justice. Pursuant to the Constitution’s emphasis on the poor, the Supreme Court of the Philippines has taken some efforts to alleviate this problem. Poorer plaintiffs are exempted from paying docket, transcript, and other fees and are granted free legal counsel. Furthermore, the Court provides an annual grant to the Integrated Bar of the Philippines’ Free Legal Aid Program. 73 However, not all environmental plaintiffs qualify as poor, particularly NGOs, even though they often have limited financial resources. Furthermore, even though the amount of the bond is under the discretion of the judge, judges are reluctant to do this because they worry about being accused of abusing their discretion. 74 2. Harassment of Plaintiffs and Lawyers Because of the high stakes involved in environmental cases, defendants may go to extraordinary means to intimidate and harass plaintiffs and their lawyers. It is not uncommon for defendants to lodge harassment or SLAPP suits against environmental plaintiffs or DENR prosecutors to attempt to force them to drop their charges. 75 Enforcers who confiscate the equipment of criminals are often sued for robbery. 76 Some defendants take even more extreme means such as physical violence or even murder. 77 Such dangers were recently illustrated by the murder of environmental advocate Elpidio de la Victoria and death threats against attorney Oposa. 78 This makes lawyers unwilling to take on difficult environmental cases. To stifle SLAPP suits, the courts should promptly apply the anti-SLAPP provisions in the Philippine Clean Air and Ecological Solid Waste Management Acts when applicable. 79 This means dismissing any harassment suits as quickly as possible. However, plaintiffs relying on other laws have less protection. 80 Congress must expand the use of anti-SLAPP provisions to other environmental laws. Furthermore, law enforcement must vigorously prosecute any defendants who resort to violence. In short, to facilitate environmental cases, the court must protect the ones bringing the cases. 3. Technical Knowledge Among Judges and Attorneys Judges must decide questions of science as well as law in order to dispose of most environmental cases. This is particularly true for brown issues, which involve uncertain science regarding the exact effects of a pollutant. In the U. S. , scientific understanding of pollutants led to new classes of trespass and tort suits that held emitters liable for their actions. 81 However, both sides in a case will try to use any scientific uncertainty to their advantage, or even create scientific uncertainty even when it does not exist in order to confuse the court. Judges must understand what scientific evidence should be admitted and what is not valid. 82 Judges and lawyers need to understand the science well enough to determine which arguments are unfounded and which are plausible. Because general the courts have general jurisdiction and are not specialized in environmental issues, this problem will have to be addressed by providing judges and lawyers with supplemental training in environmental sciences and law. PHILJA and other organizations are already successfully doing this. 83 Eventually, however, this problem may be resolved through a change in the adjudication system. If the Philippines moves toward environmental courts or administrative adjudication84 (as is being considered), judges would be trained specifically to handle environmental cases. 4. Obtaining and Preserving Evidence For green issues, preserving evidence may be difficult. After an illegal logger or fisher is captured, DENR can confiscate the logs and fish. These goods rot or deteriorate over time. Proper procedure requires taking pictures of the logs and fish for admission into court. Specially trained fish examiners prepare reports on the cause of death of fish. When done correctly, this preserves the evidence for use at court. However, some areas may not have fish examiners on hand or the prosecution may not properly prepare the pictures for admissible evidence. It is not uncommon for custodians of the confiscated items to lose track of them over time. Because cases take so long in the court system, this can be a real problem. 85 It is also difficult for enforcement agents to find and confiscate the equipment and vehicles used in environmental crimes, as the boats and trucks perpetrators use are highly mobile. Despite the inconvenience it may cause defendants, such equipment must be held as evidence and to prevent further environmental damage. The accused, or unindicted conspirators, will often petition for the release of their equipment. 86 Unfortunately, sympathetic lower court judges may sometimes grant these requests, despite the contravening case law. 87 Moreover, prosecutors must have the vehicles stored in a safe area despite the lack of storage space. Finally, it is important for enforcers to determine the location of violators, particularly close to the boundaries of natural parks. Community enforcers may not be trained in determining the exact location of where they apprehended the violators. Wealthier units can use GPS, but often the location of apprehension is disputed. 88 Any doubt in this area can destroy the prosecution’s case. 5. Docket Congestion In many countries, including the Philippines, courts are overburdened with cases. Yet, the Philippines’ forests and animals are already disappearing quickly. Irreversible damage to ecosystems can occur much more quickly than the many years it may take the court system to resolve a case. As Prof. La Vina noted, the environment cannot wait for the court system. 89 According to Justice Nazario, the Philippines needs over 300 trial court judges to fill the vacancies and resolve pending cases. 90 Low pay discourages the few who are qualified. Many of these vacancies are in remote parts of the country, such as Nueva Ecija, Occidental Mindoro, and Surigao Norte, where much of the fishing and forestry violations occur. Furthermore, the Supreme Court is burdened by the large amount of cases granted review each year, including the automatic review for death penalty cases. 91 Given this burdensome congestion, environmental cases are not given any special treatment on their own merits. Criminal environmental cases may be somewhat more expedited because they involve criminal punishments, but most judges and lawyers show no urgency with regard to environmental cases. 92 The Supreme Court attempted to alleviate this problem with Administrative Order No. 150B-93, setting up special courts to handle illegal logging, but these remain underutilized. 93 Until cases can move through the court system more quickly, the enforcement of environmental law will be delayed. III. Conclusion This paper has highlighted important legal and practical issues preventing efficient adjudication of environmental cases in the Philippines. However, due to logistical and budgetary constraints, this paper focused mostly on case law from the Supreme Court and the personal experiences of lawyers. In order to fully understand environmental adjudication throughout the court system, further research should ideally analyze environmental cases from all Municipal and Regional Trial Courts, Courts of Appeal, and the Supreme Court. It is important to see how cases area actually treated, particularly with respect to the issues examined in this paper. Furthermore, there may be important regional variations, particularly between areas with more natural resources and more urban areas. Even before such a study is undertaken, the courts can apply several lessons from this paper in the near future. First, while the courts have already taken commendable steps to waive filing fees and other costs for paupers, as mentioned above the definition of pauper may be under inclusive by not including NGOs. The courts should consider other definitions to reflect the realities of environmental NGOs. 94 Second, the Supreme Court should instruct the courts to dismiss SLAPP suits expeditiously. While the natural resource laws may not have anti-SLAPP provisions, Congress clearly did not intend to encourage such suits and there is nothing legally preventing the courts from dismissing them faster. Finally, the courts can address standing for citizens and class action suits. In particular, it should set out a clear position on standing in environmental cases. Other challenges will require long-term planning for the courts. Reducing the docket congestion is critical to expedite justice, although doing this will likely take years and require more judges. Likewise, the ongoing effort to train judges and lawyers in environmental law and science must continue, particularly as new judges and lawyers enter the judicial system. The courts should also familiarize themselves with the legal mechanisms available to them, particularly in shifting the burden of proof. However, this will be most useful in pollution cases as they become more common in the future. Ultimately, the challenges described above will require multifaceted solutions from various stakeholders in the Philippine legal system. For example, Congress must work to improve standing and citizens suit provisions in other environmental laws. To reduce the financial risk of brining a suit, law firms could move toward a contingency fee system. Furthermore, it is the responsibility of DENR and environmental agencies to ensure that evidence is properly recorded and preserved. Finally, as the Philippine grows and wealth spreads, more plaintiffs will be able to undergo the financial costs of adjudication. Eventually, the best solution to these challenges may come not from within the courts but from a new adjudication system. The U. S. has worked successfully with administrative adjudication for environmental issues in the EPA and Department of Interior. Other countries have set up independent environment courts. Based on the results of further studies and the needs of the country, the Philippines may move to adopt one of these models. This would allow expert adjudicators to handle cases under rules that make sense for environmental issues. Finally, it is important for judges at all levels of the judicial system to understand the severity of environmental degradation in the Philippines. The only redress environmental plaintiffs or prosecutors may have is in their court. Thus, they should not be reluctant to grant standing or award large damages, when appropriate, because doing so will ensure that both humans and the environment have their proper day in court.

Why Teachers Should Understand ADHD Essay -- Education ADD ADHD Essays

Why Teachers Should Understand Attention Deficit Disorder/Attention Deficit Hyperactivity Disorder What is Attention Deficit Disorder/Attention Deficit Hyperactivity Disorder [ADD/ADHD]? Some feel it is a neurobiological disorder while others say it is a learning disorder. Ever since 1980 when the Diagnostic and Statistical Manual of Mental Disorders officially recognized ADD/ADHD as a behavior disorder, the definition has kept evolving and changing. But ADD/ADHD has been around a lot longer than twenty-three years. Some in the medical professions believe â€Å"ADHD is a common mental disorder and has been recognized in one form or another for over a century† (Conners and Jett, 1999, p. 3). Teacher oriented literature leans toward classifying ADD/ADHD as a learning disorder of the ‘other health impaired’ type. It was not until the year 2000 that ADD/ADHD could even qualify as an impairment in the eyes of educational law (United States Department of Education, 2000). At present, there is no cut and dry definition of ADD/ADHD. There is also â€Å"no valid neurological or physiological test that can be used to diagnose ADHD† (Agency for Health Care Policy and Research, 1999). What we do have is a list of common symptoms of the disorder. According to Phelan, (1996) there are eight major characteristics that one can look for in a child: 1. Inattention/Distractibility 2. Impulsivity 3. Difficulty delaying gratification/Impatience 4. Hyperactivity 5. Emotional over arousal 6. Non – compliance 7. Social problems 8. Disorganization Inattention/Distractibility is the most important ... ...ns for students with ADD. Intervention in School & Clinic, 38 (5), 280 – 289. Snider, V. E., Busch, T. & Arrowood, L. (2003). Teacher knowledge of stimulant medication and ADHD. Remedial & Special Education, 24 (1), 46 – 57. Stevens, S. (1996). The LD Child and the ADHD Child: Ways Parents and Professionals Can Help. Winston – Salem, NC: John F. Blair, Publisher. Sturomski, N. (1997) Teaching students with learning disabilities to use learning strategies. NICHCY News Digest, 25, 2 – 12. U.S. Department of Education. (2000). The 22nd annual report to congress on the implementation of the individuals with disabilities education act. Washington, D.C.: U. S. Office of Special Education. Zentall, S. S., Moon, S. M., & Grskovic, J. A. (2001). Learning and motivational characteristics of boys with AD/HD and/or giftedness. Exceptional Children, 67, 499 – 519.

Fdi in North America

Analysis of Foreign Direct Investments of North America Kristin Daughdril & William Cassidy Business Administration 418 Abstract Foreign Direct Investment (FDI) is an investment involving a long-term relationship and reflecting a lasting interest in and control by a resident entity in one economy of an enterprise resident in a different economy (UNCTAD). There are two types of FDI, inflows and outflows, which can be used to help determine the investment strategies and economies of countries engaged in FDI.North America has been the source of nearly one-half of all investment and almost three-quarters of the jobs created throughout the globe (Huggins, 442). North America is probably the most important continent when it comes to dealing with FDI. The three main countries of North America, the United States, Canada, and Mexico, all rank in the top 15 of world economies, proving them to be desirable partners in FDI transactions.The trends of FDI discussed in this report will be unpar alleled to this information and can lead to some predictions on how future trends of the countries of North America will continue to be superior to that of the other continents of the world. Keywords: Foreign Direct Investment, FDI Inflow, FDI Outflow Foreign Direct Investment is investment of a company located in a different country either by buying a company in the country or expanding its business into the country. FDI can be done for many purposes.Companies may have tax incentives abroad, cheaper labor, abundant resources, target-specific markets or other reasons to enter into direct investment with a foreign country. Three components of FDI include equity capital, reinvestment earnings, and intra-company loans. These three components are the values that, if changed, will affect FDI first-hand. FDI inflows are flows of investment into the reporting country from a non-resident entity. Outflows are just the opposite. They are the reporting countries’ investments into a coun try abroad.FDI has become a major factor in accessing economic power in the world economy. The North American continent consists of many countries including the United States, Canada, Bermuda, Greenland, Mexico, Belize, Haiti, the Bahamas, Jamaica, and many others. This report focuses on the only two developed countries in North America, US and Canada, as well as another top economy of the world, Mexico. It has been found that North America has been the source of one-half of all foreign direct investment in the globe (Huggins, 442). All three countries are ranked in the top 15 in world economies.All three counties are members of WTO and, in spite of the differences in views on international trade and investment among the three countries; they entered NAFTA (North American Free Trade Agreement). NAFTA, along with the Canadian US Free Trade Agreement, CUSFTA, has increased the desirability of interest in the North American economic integration (Bird, 406). In the Americas, FDI is gove rned by a multi-layered system of agreements that include national investment statutes, bilateral investment treaties, free trade agreements, common markets, and multilateral instruments (Haslem).NAFTA: Recently, foreign direct investment has changed from relying on how much a country exports, to now focusing more on trade between countries. In order to focus more on trade, many countries have abolished some trade barriers between countries, causing countries to do away with the protectionism strategy. Mexico, Canada, and the US decided to become a part of the North American Free Trade Agreement. This agreement allows the countries to trade freely. As a result of NAFTA, their foreign direct investment rose dramatically; Mexico, as well as Canada, has seen a great increase in FDI and import production.This also lowers the cost of trading between these countries because they are close to each other. This reduces the cost of transportation, causing an incentive to trade together. This treaty is a big reason for Mexico and Canada’s success. Mexico: Mexico is the second largest recipient of FDI in Latin America and the Caribbean. Foreign direct investment plays a big role with Mexico’s success. More countries participate in trade with countries that have an open economy, since they do not have as many taxes and tariffs that many protectionist countries have.According to the World Investment Report 2006 published by the United Nations Conference on Trade and Development (UNCTAD), in 2005, ‘Mexico received more than 19 billion U. S dollars which puts it among the top 13 in the world and among the top four in developing countries. The United States has a big impact on Mexico’s economy. The spike in foreign direct invest in 2001 was due to the $12. 5 billion purchase of Banamex by United States’ Citigroup. This caused a dramatic increase in the FDI of Mexico in 2001.By looking at the graph of FDI flows within Mexico, it appears that th ere was a major drop of FDI in 2002; this is only due to 2001 being such a good year for Mexico. Canada: Foreign direct investment in Canada has increased dramatically from 1990 to 2002, an increase of four and a half times within these twelve years. The United States has a major affect on FDI in Canada. In 2001, United States obtained 90 percent of the inflows and 62 percent of the outflows. This is due to the signing of the North American Free Trade Agreement which has increased the cross-border transactions between the two countries.The removal of trade barriers has had a positive effect on the FDI in Canada. The increased presence of international entities in Canada helps to provide favorable economic conditions which are attractive to foreign investors. Since NAFTA, foreign direct investment has increased continuously; without it, Canada’s FDI would not be what it is today. United States: The United States have recently dominated the foreign investment playing field amon g the world economies. The position of the outward flow of FDI has exceeded that of the inward flow every year since 1982.Inflow and outflow are mainly dealt with developed economies, the largest partner being the United Kingdom, closely followed by Canada. Mexico is ranked number 12 as FDI partners with the US. Inward flows of FDI come mainly from the UK, Japan, Canada, and Switzerland. The US experienced steady growth from 1992 to 1998 followed by rapid growth in FDI inflow in 1999 and 2000. The high level of capital inflows between 1999 and 2001 reflects the strong foreign interest in US technology and telecommunications firms during the stock market boom years, prior to the market downturn in 2001 (Bloodgood). 001 recorded the lowest inflow increase the US had seen in many years. This could be due to the terrorist attacks on the world trade centers, causing the stock market crash. Investors may have feared the threat of potential future terrorist attacks. By 2004, investors saw past this threat and the US inflows went on the rise again (Dutta). United States’ outward flow of FDI transact mainly with the UK, Canada, the Caribbean, and Bermuda (Bloodgood). The flow of FDI into other countries stayed steady up until 2004 when the flow increased drastically.This was due to reinvested earnings and the decline of the value of US dollar compared to important host affiliates. Earnings in several industries grew sharply. In 2005, the US recorded its lowest percentage increase in FDI since 1982. The reason for this was that reinvested earnings turned negative in 2005, as cumulative retained earnings of foreign affiliates were drawn down to fund distributors to US parent counties as a result of tax incentives provided by the American Jobs Creation Act of 2004 (Koncz).The rise of outward FDI continued, however, to rise as though 2005 did not occur. Predictions: All three of the countries that have been studied from North America in the research paper have come across many setbacks and burdens in the past years when dealing with foreign direct investment. All three have also overcome many obstacles in order to pursue economic power by becoming international market influencers. All three counties show continued signs of reasonably steady growth in FDI outflow. Inward flow of FDI seems to be similar between the US and Canada.They have both had somewhat inconsistent rises in the inward flow. Nonetheless, they both continue trade with each other and probably will never decline in that particular area. Mexico has had relatively steady increases in inward flow of FDI and continue to rise, leading us to believe that they will continue on their pace to trying to become a developed economy.References Bird, F. , Vance, T. , ;amp; Wollstencroft, P. (2009). Fairness in International Trade and Investment: North American Perspective. Journal of Business Ethics, 84, 405-425. Bloodgood, L. 2008). Inbound and Outbound U. S. Direct Investment with Leading P artner Companies. Journal of International Commerce ;amp; Economics, 63-111. Borga, M. , ;amp; Yorgason, D. R. (2002).   Direct Investment Position for 2001: Country and Industry Detail. Survey of Current Business, 82(7), 23-25. Braithwaite, W. , Ciardullo, J. (2006). Investors Set Sights on Canada. International Financial Law Review, 45-49. Dutta, A. S. , Theis, J. , ;amp; Su, R. (2007). FDI into the US, 1998-2004. International Journal of Finance, 19(2), 4370-4379. Galan, B. , Oladipo, O. 2009) Have Liberalization and NAFTA had a Positive Impact on Mexico’s Output Growth?. Journal of Applied Economics. 12(1):159-180. Haslem, Paul Alexander. (2010). The Evolution of the FDI Regime in the Americas. Third World Quarterly, 31, 1181-1203. Huggins, R. , Demirbag, M. , ;amp; Ratcheva, V. (2007). Global Knowledge and R;amp;D FDI Flows. International Review of Applied Economics, 21 (3), 437-451. Koncz, J. L. , ;amp; Yorgason, D. R. (2006). Direct Investment Position for 2005: Coun try and Industry Detail. Survey of Current Business, 86 (7), 20-35. Koncz, J. L. , ;amp; Yorgason, D. R. (2005). Direct Investment Position for 2004: Country and Industry Detail. Survey of Current Business, 85 (7), 40-53. Leitao, N. (2010). Foreign Direct Investment: The Canadian Experience. International Journal Of Economics ;amp; Finance, 2(4), 82-88. Oladipo, O. S. , ;amp; Vasquez Galan, B. I. (2009). The Controversy About Foreign Direct Investment as a Source of Growth for the Mexican Economy. Problemas Del Desarrollo. Revista Latinoamericana De Economia, 40(158), 91-112. Rosenzweig, P. M. (1994). The New â€Å"American Challenge†: Foreign Multinationals in the US. California Management Review, 36 (3), 107-123. Tancer, R. S. (1997). Foreign Investment in North America and the Pharmaceutical Industry in Canada. International Executive, 39 (2), 283-297. Waldkirch A. The Effects of Foreign Direct Investment in Mexico since NAFTA. World Economy [serial online]. May 2010;33(5) :710-745. Mexico: Inward FDI flow Mexico: Outward FDI flow Canada: Inward FDI flow Canada: Outward FDI flow United States: Inward FDI flow United States: Outward FDI flow

Emotion as Mediators Analytical Tool and Hurdle Essay

Emotion is often associated with feeling expressed in any situation at any given time an individual may encounter. â€Å"In psychology it signifies a reaction involving certain physiological changes, such as an accelerated or retarded pulse rate, the diminished or increased activities of certain glands, or a change in body temperature, which stimulate the individual, or some component part of his or her body, to further activity† (Microsoft ® Encarta ®, 2007). It is very peculiar for a person not to show any reaction to circumstances especially when provoked by another person he is in conflict with. In this light, the role of a mediator is very important in bridging the gap between parties in conflict to find a common ground that possibly move toward a resolution. This paper will discuss the vital role of emotion in conflicts. Considering that emotion is the center of creation and nature of conflict, the probability of managing conflicts may be influenced by emotion as well. The book Meditating Dangerously tells that â€Å"The ostensible purpose of mediation is to ameliorate danger, pacify hurt feelings, and create safe spaces within which dialogue can replace debate, where interest-based negotiation can substitute for a struggle for power† (p. 3). A challenge is laid on my table, to be able to answer how much emotion can only surface to make any progress in the case? How does a mediator controls his emotion over the case? Background of the study It was on 11th of April, 2008 when I first went solo as a mediator. Prior to my case was my friend Diego working on his case between a tenant demanding from her landlord. It was a messy case, but the point to me was how hard it was to manage the raucous lady. She kept screaming and interrupting the landlord and the mediator with her suffered pain with her grievance. It was to the point where we had a security coming in from other room to tell us to calm things down because there was a trial going in our adjacent room. Still she did not cooperate. Having to observe Diego went through a very hard time over his case with the uncontrollable lady and her landlord, the sense of trepidation that I felt had challenged me. I needed to manage my own case without having to go through the same traumatic experience. When my turn came, I had to face five ladies – three plaintiffs and two defendants. I laid out the general rule of explaining mediation as a voluntary process and the bound to confidentiality, etc. I wanted to make sure that my case will not go mishandled. Also, I wanted to assure myself and the parties involved that we are there to solve not a screaming spar like the previous case. During the debriefing with Professor Joshua Jack, he asked why did I say ‘respect’ and ‘no yelling’? By laying the ground rules in the beginning, did I hinder the parties’ true feelings to come out? Professor Jack gave further comments on my case: â€Å"Parties in conflict very often come into the mediation with strong senses of victimization, self righteousness, mistrust, and other negative judgments of one another. If a person thinks that the other is a liar and cheater both in this situation and generally, can they express this honest perspective and still be within the bounds of our rule? It is my view that, if we have any hope of facilitating any real transformation, we have to allow parties to express their true, even if ugly, perspectives. † If we tell people to be nice, they will sometimes accommodate us, but by squelching the expression of the true depth and magnitude of their experience and perception, we also squelch the potential for real transformation and resolution. † According to Bowling and Hoffman (2003), â€Å"The most direct and obvious impact that the mediator has on the mediation process comes from the techniques he or she uses to influence the course of negotiations. These interventions, based on the mediator’s assessment of the obstacles to settlement, might involve giving the parties an opportunity to vent emotional reactions to the dispute, encouraging the parties to focus on interests rather than positions, or helping the parties generate options for settlement† (p. 19). With all due respect to Professor Jack, I know he is a great and experienced mediator. However, as a new mediator, the first thing I want to do is to make sure I have the case in control with confidence. By saying respect, I gave the parties the notion that we are to discuss the dispute, and find a solution as educated people. With the said experience, Professor Jeanne Cleary gave her comments as well: â€Å"Tricky issue, how much control to start out with, based on past experience and with the understanding that the folks in front of you are new and not the past case. You will find your balanced style with this – between too much control that may stifle what’s really going on for them (which will most always include feelings) and too little control (which will be unproductive for folks to hear each other). Keep at developing your sense of that balance as you continue. † Emotional Intelligence as a Tool for Mediators It is not as strange as it may sound to mindfully express emotion with dignity still intact. Emotional intelligence, defined by Salovey and Mayer (1990) in their Ability Model as â€Å"the ability to identify, use, understand, and manage emotions† is very helpful for a mediator in handling mediation between two clashing parties to surface the emotion and be adept at bringing out the feelings from the parties while remaining impartial. Caruso and Salovey (2004) expounded this model as four key emotional skills in Table 1. In this manner, Goleman’s (1998) (as cited in Johnson, Levine, and Richard, 2003) definition of emotional intelligence (EQ) â€Å"as the capacity for recognizing our own feelings and those of others, for motivating ourselves, and for managing emotions well in ourselves and in our relationships† (p. 317) was able to strengthen the argument of emotional intelligence as a tool for mediators. According to Johnson et al. (2003), â€Å"Allowing emotion to emerge in a mediation, however requires a mediator with a high degree of emotional intelligence †¦ improving one’s emotional intelligence is an essential development path for mediators. As EQ improves, a mediator becomes more comfortable with his or her ability to manage an emotional process successfully† (p. 155). Johnson et al. (2003) were also sharp by saying the essence of developing emotional intelligence because â€Å"Absent the ability to deal with emotions, the true power of mediation is lost. Absent the ability to create space for parties to express difficult emotions, it is unlikely that any resolution reached will last† (p. 164).

How to Read and Write Byte Streams in Java

How to Read and Write Byte Streams in Java Reading and writing binary streams is one of the most common I/O tasks a Java application can perform. It can be performed by looking at each individual byte in a stream or by using a more structured buffered approach. Note: This article looks at reading binary data from a example.jpg file. If you try this code then simply replace the name of the example.jpg with the path and name of a jpeg file on your computer. Byte by Byte The java.ioclass was the first Java api to provide Input/Output functionality. It has two methods that can be used to input and output byte streams (blocks of 8 bits) from and to a file. These classes are the FileInputStream and FileOutputStream. These methods provide a basic method of I/O by allowing a file to be input or output one byte at a time.  In practice its better to use a buffered method for binary streams but its good to look at the most basic building block of the Java I/O functionality. Notice how we place the I/O handling inside a try, catch, finallyblock- this is to make sure we handle IO exceptions and to properly close the streams. The catch block will show any I/O exceptions that occur and print a message for the user. In the finally block its important to close the streams explicitly by calling the close method otherwise they will remain open and a waste of resources. There is a check to see if the FileInputStreamand FileOutputStreamare null before attempting to close. This is because an I/O error could occur before the streams are initialized. For example, if the file name is incorrect the stream will not be opened properly.In the tryblock we can add code to read in the bytes:The readmethod reads in one byte from the FileInputStreamand the write method writes one byte to the FileOutputStream. When the end of the file is reached and there are no more bytes to input the value of -1 is returned. Now that Java 7 has been released you can see the benefit of one of its new features- the try with resources block. This means that if we identify the streams to the try block at the beginning it will handle closing the stream for us. This eliminates the need for the finally block in the previous example: The full Java code listings for the two versions of the byte reading program can be found in Binary Stream Example Code.

The results are in! Resume Format Rundown

The results are in! Resume Format Rundown Last week I introduced you to Loft Resumes, a service that provides custom-designed resumes to job seekers in a variety of industries. I also provided sample formats from some of The Essay Expert’s successful resumes. I then asked you to vote on which you preferred. Here’s what the survey looked like for those of you who missed it   Id still love your input! Create your free online surveys with SurveyMonkey, the worlds leading questionnaire tool. Thank you to the 25 people who responded to my survey! Here’s the tally: Do you prefer the designs of Lofts designs or The Essay Experts? 1 person preferred Loft Resume’s designs. [This person was in the insurance industry] 17 people (68%) preferred The Essay Expert’s designs. 1 person liked both equally. [This person was in the IT industry. Note that The Essay Expert has some   other formats you might like better!] 1 person did not like either one. [This response came from an attorney. I agree none of the formats presented would be appropriate for an attorney. For attorneys we use much more straightforward designs.] 5 people chose â€Å"Other† and provided the following feedback: ATS Concerns Essay Experts designs are better, but I fear the inserted box and other graphics might skew an Applicant Tracking System preventing the information from being read and stored, costing an applicant the job by not registering properly within its system. If physically scanned, the Essay Expert is more professional and provides information employers want. [from a career professional/resume writer] My response: It is true that text boxes and graphics can skew an ATS system. After posting my article, I was contacted by a representative of Loft Resumes who stated that their resumes do well in Applicant Tracking Systems as well. I would have to test a resume myself to know if that is an accurate statement (Loft does not advertise that their resumes are ATS-friendly). Keep in mind that every job seeker must have TWO resumes: one for the computer robots and one for humans. Hiring managers, in my experience, really love The Essay Expert’s resumes. I do not have any information on their response to Loft’s designs. Too Dense I dont like either one, they are both too dense with info, the eye doesnt know where to go to quickly pick up the pertinent details. [from someone in the High Tech industry] My response: Thanks for your feedback. Thankfully the hiring managers who looked at The Essay Expert’s resumes appreciated something in the resumes, since both of these candidates got job offers for their targeted positions! Neither was in High Tech, and we would certainly use a different format for a high-tech position. Industry-Dependent Design It greatly depends on the industry/position. If in creative industry would prefer LOFT.   AND I think Lofts resumes are a little too designy the design has more impact than the information contained within it. But Lofts could be very good for people in the arts, film production, etc. My response: In fields like marketing and sales, you might be right that LOFT resumes could be viewed more favorably. In a field like graphic design, of course, it would be preferable for the candidate him or herself to design the resume! Its position AND audience specific. My response: I couldn’t agree more. We use different looks and feels for every industry we work with. As stated above, if the audience is a hiring manager a highly formatted resume is generally viewed favorably; recruiters hate them. Even The Essay Experts samples here might be too â€Å"fancy† for an accountant, although two responders in Accounting and Finance stated they were very likely to purchase an Essay Expert resume and very unlikely to purchase a LOFT resume. One responder whose industry is aerospace/defense wrote, â€Å"The Loft’s [formats] would never work in my industry.† And I received one response from a person in â€Å"consulting† who stated he or she would be very likely to purchase from The Essay Expert and very unlikely to purchase from Loft. I like LOFT designs for their uniqueness. They are probably appropriate for someone in more in a creative field versus an executive position. I like Essay Experts designs for their clean, uncluttered appearance. They are easy to read and probably more scannable than the LOFT design. My response: Thank you! I believe I addressed this comment above. â€Å"How likely would you be to purchase a resume design by Loft Resumes, The Essay Expert, or Another Service?† Overall, my readers (who I admit might be predisposed toward resumes by The Essay Expert) are much more likely to purchase a resume designed by The Essay Expert than they are to purchase a resume from Loft or another service. It was also striking to me that 50% were very likely or somewhat likely to purchase a resume from The Essay Expert. A gift to you! Thank you for your support, and if you responded to this survey and are considering purchasing a resume package from The Essay Expert, I will be happy to offer you a 20% discount on any package (maximum discount $100), offer good through April 30, 2012. Note you must complete the survey to qualify for this offer! This is your reward for being a loyal reader and participant in my interactive media opportunities and for reading to the end of this lengthy article! Category:Resume TipsBy Brenda BernsteinApril 16, 2012 2 Comments Rebecca Robin says: April 26, 2012 at 3:39 pm I did not find Preptel to be particularly valuable. For another opinion, I shared the site with a friend who is the head of recruiting for a 900 employee organization. She agreed. While the concept is wonderful, the execution leaves much to be desired. Many of the suggestions to improve keyword matches were nonsensical and words that were important matches were ignored. For example, the program missed the term CAD (computer aided design) but picked up plan and lost the connection between them both. A site I do like is wordle.net, but I use it to get an impression of what words are used most frequently in a job description. I might exchange the words highlighted in wordle with those in my resume to get a closer match. Thank you for your posts, I find them quite helpful. Log in to Reply The Essay Expert says: July 17, 2012 at 4:14 pm Thank you for your comment Rebecca. The issue is that of companies who use ATS systems, about half of them enter the desired keywords by hand, thus making sense to a human, and half let the computers determine the keywords. For that second half, unfortunately the keywords are often non-sensical. Thats why a program like Preptel can be useful! Im glad you are getting value from my posts and appreciate your feedback! Log in to Reply

French and Industrial revolutions effect on Europe Essay

French and Industrial revolutions effect on Europe - Essay Example Unlike realism supporters, liberalists viewed morality as a global responsibility rather than acting to secure ones state only. As matter of fact, liberalists argue the world was in war due to states preparation for war. Liberalism can be marked as making a significant impact in the European region in late 19th century and early 20th century. Liberalist advocated for the free trade, minimal tariffs and strong constitutions while undermining the importance of unions. Socialism came to counter the arguments made by liberalists. In an effort to reduce the inequality gap, socialists advocated for revolutionary measures to bring equality between capitalists and labourers. This ideology called for a strong government, restricted international trade and protection to workers. In a nutshell socialism called for redistribution of resources in favour of the workers, who happened to be humiliated by the free- market economy. Some scholars still noted the success of previous political systems and thus came up with conservatism. Conservatisms encouraged the preservation of the successful historical modes of government. To them, change in political administrations ought to be gradual rather than revolutionary. Realism ideology supported authoritative governance. Factually, realism refers to the doctrine of perceiving thoughts as true and real. As mentioned earlier, morality was viewed as the aspect of supporting ones state, and being loyal to the readers. Realism was based on the fact that individuals are generally rude and generally provoke chaos and thus being mandated by the government was the only remedy to

The Development of The American Broadway as Theatre and Culture Research Paper

The Development of The American Broadway as Theatre and Culture - Research Paper Example The American Broadway Musical has enjoyed success since its inception, gradually coming to be recognized as a truly American contribution to theatre. Success is measured in terms of the length of its run on Broadway. In fact â€Å"long runs became the norm for a hit show† (Hischak 2004, 449). Plays such as My Fair Lady 1956, Hello Dolly! 1964, Grease 1972 and Cats 1982 have maintained the record for Broadways longest running musicals (Hanschak 2004, 449). However, Phantom of the Opera enjoyed the longest run of over 8,000 performances between 1987 and 1988 (Hischak 2004, 450). Typically when a Broadway musical enjoys immense success directors are inclined to transfer the production to the big screen. This is obviously an economic incentive in the sense that movie producers anticipate making money from a film version of a successful and popular Broadway production. In return, the Broadway Musical producers are entitled to royalties from the box office returns and in most cases a token advance payment against future royalties (Vogel 2001, 520). However, a successful Broadway musical does not automatically guarantee that the subsequent film version will be equally successful. For instance, The Phantom of the Opera, while immensely successful on Broadway was a relative flop in the cinema. It has been argued that the box office failure may be attributed to the fact that the film version came too late, having gone into film production some twenty years after its first theatrical debut. By that time the momentum and popularity had faded somewhat (Broadway n.d.).à ‚