American criminal procedures Essay

The American Bill of Rights guarantees freedom of speech, religion, and assembly in addition to other significant protections against the suppression of government and official agencies, â€Å"provides a noble action and shield of human dignity. †(Brennan Jr. 1989. p 425) The Bill of rights epitomizes the constant will of humanity for individual rights and protections. Essentially, Bill of Rights as incarnated in the first ten Amendments of American constitution is an acknowledgment of the individual dignity and rights and it also manifest an embargo on the government itself to exploit and manipulate these rights. â€Å"The Bill of Rights, in other words, deals with the protection of the individual against his Government. The protection of an individual against another individual or group of individuals is not implicit in the Bill of Rights, but falls more into the realm of police powers of the Government. † (Wise, James Waterman, 1941. p. 35) The philosophy and ideas of English Philosopher John Locke has been inducted in the Bill of Rights. Locke presented the philosophy of natural rights i. e. that all the individuals are endowed with inherent rights. Locke was of the view that civil society of which the government is an organ, is established to safeguard the individual rights. This idea of natural right greatly influenced the concepts Madison who is considered the creator of American Bill of Rights. The guarantees of fundamental individual rights, provided by the bill of rights are general in its definition and application and applicability rests in the discretion of the â€Å"adjudicative bodies. † This quality of the Bill of Rights capacitate it with the ability to be applicable at the broader level because it â€Å"permit judges to adapt canons of right to situation not envisaged by those who framed (it) there by facilitating (its) evolution and preserving (its) vitality†(Brennan Jr. 1989). Another distinction of the Bill of rights is that it enables the Supreme Court to reform American criminal procedures and align it with the provision and protections in the Bill of Rights. For example in Miranda vs. Arizona case, the Court made it clear that police must inform the person under interrogation his rights. Its ruling included that police must inform the detainee his right to silence and his right to a lawyer. But the attitude of Supreme Court is ambivalent in the above mentioned case and is encircled with controversies. Sixth Amendments provides the right of counsel to the detainees or individual under interrogation or under prosecution in a federal court. The denial of such counseling negates the provision of Bill of rights. Certain ruling by the federal courts exemplify that courts are still in a state of confusion over this issue. â€Å"In dealing with state cases the Supreme Court has distinguished between the situation where an accused is denied the right to consult a lawyer whom he had selected, and that where, being unable to procure any lawyer, the court refused to appoint one. In the former case a conviction cannot standing the latter it depends on the circumstances†. (Fraenkel, O. K. 1963, p. 117). The House vs. Mayo and Betts vs. Bardy cases are clear manifestation of this duality on the part of judiciary. ( House v. Mayo, 324 U. S. 786 (1945) 117, 118 & Betts v. Brady, 316 U. S. 455 (1942) 118) In the absence of an enforcement mechanism or power of vindication, the bill of rights becomes mere moral ideals. These moral ideals are better appreciated rather than practiced. Same is the case with the American Bill of Rights. The courts can take action unless a plea is made to it. But a written charter is also essential to empower the judiciary protect the citizen from the clutches of official hostility. This empowerment through bill of Rights manifested itself in the case of NSA surveillance controversy. U. S. President George W. Bush promulgated a secret executive order soon after 9/11 that capacitated the National Security Agency (NSA) with an authority to carry out wiretapping of suspected persons in America. The hallmark of this executive order was to conduct surveillance without acquiring approval or warrants from a FISA court (Risen. J & Lichtblau Eric. 2005). These order and activity were unlawful and unconstitutional as it violated the legal and constitutional privacy rights of the people provided under Fourth Amendment. Fourth Amendments states that â€Å"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. †(Hand, L. 1986) The executive order issued by the President Bush for warrantless surveillance is an explicit violation of the fourth amendment as it enables the security agencies to intrude the private lives of American people without providing any â€Å"probable cause† for this act. The illegality of the executive order was further reinforced by the court decision in ACLU vs. NSA case. The U. S. District Court Judge OF Eastern District of Michigen ruled that wiretapping without warrant from FISA is an unlawful and unconstitutional activity as it is the violation of individual privacy rights and freedom. The judge further ordered to eavesdrop on phone calls with immediate effect. In her ruling she wrote: â€Å"The President of the United States, a creature of the same Constitution which gave us these Amendments, has undisputedly violated the Fourth in failing to procure judicial orders as required by FISA, and accordingly has violated the First Amendment Rights of these Plaintiffs as well. † (ACLU v. NSA. 2006 p. 33) The duality of the adjudicative powers is clear from a previous ruling where in Draper case (Draper v. United States, 358 U. S. 307 (1959) 100) the Court advocate in favour of a warrantless search made to an arrest in a public place. The court ruling was based on the ground that law enforcement agency had â€Å"probable cause† to believe that a criminal activity has occurred although they worked on information from an informant formerly found reliable. This was obvious mockery of the civil rights of the individuals. Above mentioned examples illustrates that Bill of Rights is a proper and valid guarantee for the individual rights of American citizens. But lack of a proper reinforcement mechanism makes it dependent. The generality of the provisions of Bill of Rights is an important characteristic that enables the adjudicative agencies to interpret it according to situational context of a particular case. Although certain rulings by the Courts has harmed the true nature and objective of the Bills of Rights and had reduced it to mere cherished ideals but still it is an important tool to protects the rights of American people References ACLU vs. NSA. (2006) http://fl1. findlaw. com/news. findlaw. com/nytimes/docs/nsa/aclunsa81706opn. pdf Brant, I. 1965, The Bill of rights: its origin and meaning. A Mentor book, New American Library, New York. Brennan, William J. Jr. 1989, Why Have a Bill of Rights? Oxford Journal of Legal Studies, vol. 9, no. 4. pp. 425-440 Draper v. United States, 358 U. S. 307 (1959) 100 http://caselaw. lp. findlaw. com/cgibin/getcase. pl? friend=nytimes&navby=case&court=us&vol=358&invol=307 Dumbauld, E. 1979, The Bill of rights and what it means today. Greenwood Press, Westport. Fraenkel, O. K. 1963, The Supreme Court and civil liberties: how the Court has protected the Bill of rights. 2d ed. Published for the American Civil Liberties Union, Dobbs Ferry, N. Y.. Hand, L. 1986, The Bill of rights. College ed. The Oliver Wendell Holmes lectures 1958. Atheneum, New York, N. Y.. Strauss, David A. 1992, Afterword: The Role of a Bill of Rights The University of Chicago Law Review, vol. 59, no. 1, The Bill of Rights in the Welfare State: A Bicentennial Symposium, pp. 539-565. Risen. J & Lichtblau Eric. 2005, Bush Lets U. S. Spy on Callers without Courts, NewYork Time, December 16. http://www. nytimes. com/2005/12/16/politics/16program. html? ei=5090&en=e32072d786623ac1&ex=1292389200

Of Mice and Men on the American Dream

Of Mice and Men: The American Dream Quote #1: â€Å"I remember about the rabbits, George. â€Å"†The hell with the rabbits. That’s all you can ever remember is them rabbits. † (1. 18-19)| This is the first mention we have of the American dream. Even from the introduction, it seems Lennie is more excited than George about the prospect. George’s easy dismissal of â€Å"them rabbits† makes it seem as though he thinks the whole thing is silly. This will get more difficult as we realize that George might be as excited about the dream as Lennie; it seems he is just more cautious about that excitement, given that he’s more knowledgeable than his companion.Quote #2: â€Å"Well, we ain’t got any,† George exploded. â€Å"Whatever we ain’t got, that’s what you want. God a ‘mighty, if I was alone I could live so easy. I could go get a job an’ work, an’ no trouble. No mess at all, and when the end of the mo nth come I could take my fifty bucks and go into town and get whatever I want. Why, I could stay in a cathouse all night. I could eat any place I want, hotel or any place, and order any damn thing I could think of. An’ I could do all that every damn month. Get a gallon of whisky, or set in a pool room and play cards or shoot pool. Lennie knelt and looked over the fire at the angry George. And Lennie’s face was drawn in with terror. â€Å"An’ whatta I got,† George went on furiously. â€Å"I got you! You can’t keep a job and you lose me ever’ job I get. Jus’ keep me shovin’ all over the country all the time. † (1. 89)| George explodes at Lennie and rattles off what he imagines to be the dream-life of a travelling worker without any burdens (like Lennie). George dreams of a carefree life and is careful to emphasize that Lennie is the barrier. What George outlines for himself here is strangely predictive, given what will com e to him later in the story.Quote #3: GEORGE â€Å"O. K. Someday—we’re gonna get the jack together and we’re gonna have a little house and a couple of acres an’ a cow and some pigs and—† â€Å"An’ live off the fatta the lan’,† Lennie shouted. â€Å"An’ haverabbits. Go on, George! Tell about what we’re gonna have in the garden and about the rabbits in the cages and about the rain in the winter and the stove, and how thick the cream is on the milk like you can hardly cut it. Tell about that George. † â€Å"Why’n’t you do it yourself? You know all of it. † â€Å"No†¦you tell it. It ain’t the same if I tell it. Go on†¦George. How I get to tend the rabbits. † Well,† said George, â€Å"we’ll have a big vegetable patch and a rabbit hutch and chickens. And when it rains in the winter, we’ll just say the hell with goin’ to work, and weâ €™ll build up a fire in the stove and set around it an’ listen to the rain comin’ down on the roof—Nuts! † (1. 119-123)| This seed is one of the foundational pieces of the whole play, perhaps it’s most important. There are numerous bits to analyze in this passage, ranging from its reflection of the American Dream during the  Depression  to the fact that the dream is so repeated among the two men that even dull Lennie has memorized some of it.For our purposes, it’s very important that this talk of the farm is talked about wildly throughout the play – it seems like the farm is a dream to George, a hope for Lennie, and (eventually) even a plan for Candy. It’s especially interesting that sometimes it seems the farm is the dream that keeps them going, and sometimes it is just a reminder of the lack of usefulness of dreaming. Quote #4: Lennie watched him with wide eyes, and old Candy watched him too. Lennie said softly,  "We could live offa the fatta the lan’. † â€Å"Sure,† said George. All kin’s a vegetables in the garden, and if we want a little whisky we can sell a few eggs or something, or some milk. We’d jus’ live there. We’d belong there. There wouldn’t be no more runnin’ round the country and gettin’ fed by a Jap cook. No, sir, we’d have our own place where we belonged and not sleep in no bunk house. † (3. 202-203)| The bottom line of the dream for George is not the absence of work, or the easy living, or even having a lot of money. It is simply grounded in having some place to belong to him and Lennie and Candy.Quote #5: When Candy spoke they both jumped as though they had been caught doing something reprehensible. (3. 212)| Dreams are delicate things in the real world, and George and Lennie have always carefully kept their plan a secret. Faced with the gaze of someone from the outside world, the men seem asha med. The real world they live in would never allow or look kindly upon such a trifle as their dream, precious as it is to them. Quote #6: They fell into a silence. They looked at one another, amazed. This thing they had never really believed in was coming true. (3. 221)| On one hand, this could be amazing.On the other hand, we’re suddenly forced to ask whether the dream isn’t better off as a dream, something they can believe and imagine that’s bigger and better than any reality. One might argue that when Candy gets close to George and Lennie, he spoils the dream of the farm by making it a genuine possibility (and ironically, something that could be a disappointment), rather than an ongoing and eternal hope. Quote #7: [Crooks] hesitated. â€Å"†¦ If you †¦ guys would want a hand to work for nothing—just his keep, why I’d come an’ lend a hand. I ain’t so crippled I can’t work like a son-of-a-bitch if I want to. (4. 88) | Dreams are almost infectious. Even Crooks, whom we’ve only come to know for his not the person to believe up to now, he seems ready. It’s at this point we feel like this thing is really going to happen – or that it might just be too good to be true. Quote #8: Crooks called, â€Å"Candy! † â€Å"Huh? † † ’Member what I said about hoein’ and doin’ odd jobs? † â€Å"Yeah,† said Candy. â€Å"I remember. † â€Å"Well, jus’ forget it,† said Crooks. â€Å"I didn’ mean it. Jus’ foolin’. I wouldn’ want to go no place like that. † â€Å"Well, O. K. , if you feel like that. Goodnight. † (4. 148-153)| Crooks’s hope is broken.He can continue to live on the ranch, seemingly happy to be aloof, but we know from this episode that he stays on the farm because he has no dreams of anything better anymore. He had that dream for a moment again with the other g uys, and was quickly pulled back into the vicious world of those with no hope. When you can’t even dream, you really don’t have anything, and it seems Crooks’s lot in life is to be resigned to some pitiful nothingness. Quote #9: George said softly, â€Å"—I think I knowed from the very first. I think I knowed we’d never do her. He usta like to hear about it so much I got to thinking maybe we would. (5. 78)| Ironically, in the case of the dream farm, it is Lennie who is the main threat to the dream’s success, and it is also Lennie who makes the whole idea worthwhile. Quote #10: Lennie said, â€Å"George. † â€Å"Yeah? † â€Å"I done another bad thing. † â€Å"It don’t make no difference,† George said, and he fell silent again. (6. 34-37)| It seems now that George has given up on the dream, nothing much matters. Lennie’s â€Å"bad thing† obviously makes a huge difference, but within the fact of George’s concerns (making their dream a reality), what Lennie did or didn’t do doesn’t matter. The dream is over.

Case Briefing and Problem Solving

Issue Spotters Delta Tools, Inc. , markets a product that under some circumstances is capable of seriously injuring consumers. Does Delta owe an ethical duty to remove this product from the market, even if the injuries result only from misuse? Why or why not? I think Delta Tools, Inc. doesn't owe an ethical duty to remove the product from the market unless the company doesn't warn its customers of the danger they can meet upon misuse of the product. If the company takes all the measures to warn their customers of the danger of the product once it's misused, customers have knowledge of the risk and voluntarily assume it.For example, the use of any antibiotics with the alcohol can lead to many harmful processes and activities. Nevertheless, pharmaceutical companies don't remove these products from the market because of that. It's a customer's responsibility to use the product properly. Case problems 8–1 Business Ethics. Jason Trevor owns a commercial bakery in Blakely, Georgia, that produces a variety of goods sold in grocery stores. Trevor is required by law to perform internal tests on food produced at his plant to check for contamination.Three times in 2008, the tests of food products that contained peanut butter were positive for salmonella contamination. Trevor was not required to report the results to U. S. Food and Drug Administration officials, however, so he did not. Instead, Trevor instructed his employees to simply repeat the tests until the outcome was negative. Therefore, the products that had originally tested positive for salmonella were eventually shipped out to retailers. Five people who ate Trevor's baked goods in 2008 became seriously ill, and one person died from salmonella.Even though Trevor's conduct was legal, was it unethical for him to sell goods that had once tested positive for salmonella? If Trevor had followed the six basic guidelines for making ethical business decisions, would he still have sold the contaminated goods? Why or why not? The issue in this case problem is whether Trevor's actions were unethical. In my opinion it was unethical for Jason Trevor to sell goods that had once tested positive for salmonella. Salmonella is a bacterium that can cause many illnesses.Two basic ethical approaches can be applied to this case. Firstly, Trevor should've thought about his customers from the religious position. He could've foreseen that products positive tested on salmonella would harm people inevitably. Secondly, he had to consider the outcome of this sale. He didn't think about the consequences that can follow. He acted negligent by letting his employees ship the products to the retailers. If Trevor followed the six basic guidelines for making ethical business decisions he would not have sold the contaminated goods to the public.Having five people seriously ill and one person died because of the contaminated products harms the name of the brand associated with this incident. Thus, company loses its custom ers and, as a result, part of the revenues. I think Trevor also should feel guilty about what happened to those people meaning that on the Conscience step, which is the 4th guideline, he would've reconsidered his actions and probably changed his mind. I guess he would've not been happy to be interviewed about the actions he was about to take.And the next step, which is Promises to his customers, would've made him doubt his decisions because of the trust of the customers that he held in his hands. And I am sure Trevor's hero would not have acted the way that can harm people. Thus, Trevor would not have sold the contaminated goods had he followed the basic guidelines for making ethical business decisions. Brody v. Transitional Hospitals Corporation United States Court of Appeals, Ninth Circuit, 280 F. 3d 997 (9th Cir. 2002). http://caselaw. findlaw. com/us-9th-circuit/1019105. html FACTS Jules Brody and Joyce T.Crawford filed a class action complaint against Transitional Hospitals Cor poration (THC) and its officers on August 28, 1997 accusing THC of unlawful insider trading after THC bought 800,000 shares of its stock between February 26 and February 28 without first disclosing that Vencor and other parties had expressed interest in THC. In addition, Brody and Crawford claimed that THC, in its March 19 and April 24 press releases, materially misled them about THC's intention to sell the company. The district court granted the defendant's motion to dismiss the claims. The plaintiffs appealed to the US Court of Appeal, Ninth Circuit.ISSUE Are Brody and Crawford the proper plaintiffs to sue THC for damages for violation of the statute and rule? regarding the insider trading? DECISION No. US Court of Appeal, Ninth circuit, affirmed the district court's decision to dismiss Brody and Crawford's complaint for failure to state a claim upon which relief can be granted. REASON The Court noted that plaintiffs did not meet a contemporaneous trading requirement, a judicially -created standing requirement, which specified in Section 14(e) and Rule 14e-3 that the plaintiffs must have traded in a company's stock at about the same time as the alleged insider.In addition, the Court decided that the plaintiffs' complaint must specify the reason or reasons why the statements made by THC in its press releases were misleading. Brody and Crawford argued that in order for statement not to be misleading, â€Å"once disclosure is made, there is a duty to make it complete and accurate†, for which the Court found no support in the case law. The case law? only prohibits misleading and untrue statements, not statements that are incomplete. FOOTNOTES: ? Sections 10(b), 14(e), and 20(a) of the Exchange Act, 15 U. S. C.  §Ã‚ § 78j (b), 78n (e), and 78t (a), and Rules 10b-5 and 14e 3, 17 C.F. R.  §Ã‚ § 240. 10b-5 and 240. 14e-3, promulgated thereunder by the Securities Exchange Commission (â€Å"SEC†) ? Rule 10b-5 and Section 14(e) Full case: BRODY v. TRAN SITIONAL HOSPITALS CORPORATION Jules BRODY; Joyce T. Crawford, Plaintiffs-Appellants, v. TRANSITIONAL HOSPITALS CORPORATION; Wendy L. Simpson; Richard L. Conte, Defendants-Appellees. No.? 99-15672. Argued and Submitted July 11, 2001. — February 07, 2002 Before: HALL, WARDLAW and BERZON, Circuit Judges. Jeffrey S. Abraham, New York, NY, for the plaintiffs-appellants. Mark R. McDonald, Morrison & Foerster, Los Angeles, CA, for the defendants-appellees.In this case we address several securities fraud issues, centering on whether a plaintiff must have traded at about the same time as the insider it allege violated securities laws. ? Jules Brody and Joyce T. Crawford brought suit against Transitional Hospital Corporation (â€Å"THC† or â€Å"the company†) and its officers claiming violations of the Securities and Exchange Act of 1934 (â€Å"Exchange Act†) and state law because the defendants both traded in reliance on inside information and released misleading public information. ? The district court granted the defendant's motion to dismiss for failure to state a claim. Brody and Crawford now appeal the district court's order on several grounds. BACKGROUND In determining whether the complaint states a claim upon which relief could be granted, we assume the facts alleged in the complaint to be true. ?Ronconi v. Larkin, 253 F. 3d 423, 427 (9th Cir. 2001). ? The facts alleged in the complaint are as follows: THC was a Nevada corporation that delivered long-term acute care services through hospitals and satellite facilities across the United States. ? In August 1996, the company announced its plan to buy back from time to time on the open market up to $25 million in company stock. Two months later, THC expanded the repurchase plan to $75 million. On February 24, 1997, Vencor, Inc. submitted to THC's board of directors a written offer to acquire the company for $11. 50 per share. ? THC did not disclose this offer publicly. ? Between February 26 and February 28, THC purchased 800,000 shares of its own stock at an average price of $9. 25 per share. ? This $7. 4 million buy-back was in addition to another $21. 1 million that THC had spent purchasing its stock in the three month period that ended on February 28, 1997. The plaintiffs do not allege that the total repurchase exceeded $75 million. THC issued a press release on March 19, 1997, detailing the progress and extent of its stock repurchase program. ? The press release did not mention Vencor or any other party's interest in acquiring THC. The plaintiffs argue that because of this omission, the March press release was misleading. On April 1, 1997, Vencor increased its offer to purchase THC to $13 per share. ? In the next few weeks, THC also received offers from two other competing bidders. ? On April 24, after receiving all hree offers, THC issued another press release, stating that the company had â€Å"received expressions of interest from certain parties who have i ndicated an interest in acquiring† it. ? The same document also stated that THC had hired â€Å"financial advisers to advise the company in connection with a possible sale. † ? The plaintiffs argue that this press release was also misleading; because it did not state that substantial due diligence had already taken place, that THC had received competing offers exceeding $13 per share, or that a THC board meeting would take place two days later to consider these offers.At the board meeting, the THC board voted to negotiate a merger agreement with Select Medical Corporation (â€Å"Select†). ? On May 4, THC publicly announced that it and Select had entered into a definitive merger agreement and that Select would purchase THC at $14. 55 per share. ? Vencor thereupon threatened a hostile takeover. ? To fend off that maneuver, THC ultimately agreed, on June 12, to a takeover by Vencor rather than Select, at $16 per share. Brody and Crawford sold shares at times that sa ndwich the April 24 press release. ? Two days before that press release was issued, Crawford sold 500 shares at $8. 75 per share. ? Brody sold 3,000 shares of THC stock at $10. 50 per share on April 24, just after the press release was made public. ? The plaintiffs argue that had they not been misled by THC, they would have held onto their shares, and benefitted from their subsequent increase in value. Brody and Crawford filed a class action complaint against THC and its officers on August 28, 1997. ? In addition to alleging violations of Nevada state law, Brody and Crawford alleged violations of Sections 10(b), 14(e), and 20(a) of the Exchange Act, 15 U. S. C.  §Ã‚ §? 78j(b), 78n(e), and 78t(a), and Rules 10b-5 and 14e 3, 17 C.F. R.  §Ã‚ §? 240. 10b-5 and 240. 14e-3, promulgated thereunder by the Securities Exchange Commission (â€Å"SEC†). ? These claims focus on two aspects of THC's course of action: Brody and Crawford accuse the company of illegal insider trading beca use THC repurchased 800,000 shares of its stock between February 26 and February 28 without first disclosing that Vencor and other parties had expressed interest in THC. In addition, Brody and Crawford claim that THC, in its March 19 and April 24 press releases, materially misled them about THC's progress toward its eventual merger.The district court dismissed all of Brody and Crawford's claims. ? In so doing, the district court held that Brody and Crawford are not proper parties to assert any insider trading claims, as Brody and Crawford did not trade contemporaneously with THC. In addition, the district court decided that the plaintiffs failed to state a claim under Rule 10b-5 or any other law based on materially misleading information, as the press releases were not misleading under the applicable standards. The plaintiffs appeal these aspects of the district court's dismissal. We review de novo the district court's dismissal for failure to state a claim pursuant to Federal Rule of Procedure Rule 12(b)(6). ?Zimmerman v. City of Oakland, 255 F. 3d 734, 737 (9th Cir. 2001). DISCUSSION A.? Insider Trading As they pertain to insider trading, Section 10(b), Rule 10b-5, Section 14(e) and Rule 14e-3 make it illegal in some circumstances for those possessing inside information about a company to trade in that company's securities unless they first disclose the information. See, e. g. , United States v. Smith, 155 F. 3d 1051, 1063-64 (9th Cir. 998). ? This type of prohibition is known as an â€Å"abstain or disclose† rule, because it requires insiders either to abstain from trading or to disclose the inside information that they possess. The district court dismissed the insider trading claims, holding that the named plaintiffs could not assert them because they did not trade contemporaneously with THC. On appeal, Brody and Crawford argue that nothing in the applicable securities laws requires investors to have traded contemporaneously with insiders in order t o maintain a suit for insider trading. In addition, they argue that even if such a requirement exists, they in fact did trade contemporaneously with THC. 1.? Section 10(b) and Rule 10b-5 Neither section 10(b)1 nor Rule 10b-52 contain an express right of action for private parties. ? The Supreme Court has held, however, that proper plaintiffs may sue for damages for violation of the statute and rule. ? See Superintendent of Ins. v. Bankers Life and Cas. Co. , 404 U. S. 6, 13 n. 9, 92 S. Ct. 165, 30 L. Ed. 2d 128 (1971). Because neither the statute nor the rule contains an express right of action, they also do not delineate who is a proper plaintiff. ? In the absence of explicit Congressional guidance, courts have developed various â€Å"standing† limitations, primarily on policy bases. 3 For example, in Blue Chip Stamps v. Manor Drug Stores, 421 U. S. 723, 95 S. Ct. 1917, 44 L. Ed. 2d 539 (1975), the Supreme Court held that to bring an insider trading claim under Rule 10b-5, a plaintiff must have traded in the same stock or other securities as the insider trader. The contemporaneous trading requirement, at issue in this case, is another judicially-created standing requirement, specifying that to bring an insider trading claim, the plaintiff must have traded in a company's stock at about the same time as the alleged insider. ?In Neubronner v. Milken, 6 F. 3d 666, 669 (9th Cir. 1993), the Ninth Circuit adopted a contemporaneous trading requirement for Section 10(b) and Rule 10b-5 actions. ? See also In re Worlds of Wonder Sec. Litig. , 35 F. 3d 1407, 1427 (9th Cir. 1994). Neubronner explained that two reasons animate this rule: First, â€Å"noncontemporaneous traders do not require the protection of the ‘disclose or abstain’ rule because they do not suffer the disadvantage of trading with someone who has superior access to information. † ? 6 F. 3d at 669-70 (quoting Wilson v. Comtech Telecommunications Corp. , 648 F. 2d 88, 94 95 (2d Ci r. 1981)). ? Second, the contemporaneous trading requirement puts reasonable limits on Section 10(b) and Rule 10b-5's reach; without such a limitation, an insider defendant could be liable to a very large number of parties. Id. at 670. Brody and Crawford offer two reasons why the contemporaneous trading rule adopted in Neubronner should not here apply. ? First, they argue that the rule does not make sense, as a matter of statutory interpretation. ? In other words, they request that we declare that Neubronner's interpretation of Section 10(b) and Rule 10b-5 was incorrect. ? Although the decision in Neubronner is not beyond debate, we do not consider the question further, as a Ninth Circuit panel may not overrule a prior Ninth Circuit decision. ?Hart v. Massanari, 266 F. 3d 1155, 1171 (9th Cir. 2001).Brody and Crawford attempt to avoid this precedential barrier by claiming that Neubronner's implementation of the contemporaneous rule was dictum, and therefore not binding on us. ? It wa s not. ?Neubronner explicitly described its ruling regarding the contemporaneous trading requirement as a â€Å"holding. † ? 6 F. 3d at 670. ? In addition, the determination was a necessary predicate for the case's ultimate conclusion that contemporaneous trading must be pleaded with particularity. ? Id. at 673. Brody and Crawford's second submission in avoidance of Neubronner is that United States v. O'Hagan, 521 U. S. 642, 117 S. Ct. 2199, 138 L.Ed. 2d 724 (1997), overruled Neubronner. ? That assertion is simply wrong. ? O'Hagan, which was a criminal case, addressed neither the contemporaneous trading requirement in private actions nor any other standing rule. ? Instead, by approving of an expansive concept of who qualifies as an insider under Section 10(b), the Supreme Court in O'Hagan clarified that more defendants may be liable under Section 10(b) than some courts have previously thought. ? Id. at 650, 117 S. Ct. 2199. ? In so doing, the Supreme Court did not alter pre-e xisting notions concerning whom insiders harm when they trade based on privileged information. Brody and Crawford next argue that even if the Section 10(b) and Rule 10b-5 contemporaneous trading requirements remain, the court should define contemporaneous trades as trades that take place within six months of one another. ? Under this definition, Brody and Crawford would have standing, as they sold their stock just under two months after they allege THC bought the large block of stock in February. [3]? In Neubronner, this court did not decide the length of the contemporaneous trading period for insider trading violations under Section 10(b) and Rule 10b-5, 6 F. d at 670, nor has this court decided the question since. ? Because the two-month time period presented by the facts of this case exceeds any possible delineation of a contemporaneous trading period, it is not necessary in this case either to define the exact contours of the period. ? We simply note that a contemporaneous tradi ng period of two months would gut the contemporaneous trading rule's premise-that there is a need to filter out plaintiffs who could not possibly have traded with the insider, given the manner in which public trades are transacted. 2.?Section 14(e) and Rule 14e-3 Brody and Crawford also argue that the district court erred in dismissing their claims under Section 14(e)4 and Rule 14e-35 by holding that insider trading actions brought under Section 14(e) and Rule 14e-3 must also conform to a contemporaneous trading requirement. ? In making this argument, the plaintiffs urge that we hold for them on two matters of first impression: (1) whether a private right of action exists under Rule 14e-3; and (2) if a private right of action does exist, whether it contains a contemporaneous standing requirement. We can assume, without deciding, that a private right of action exists under Rule 14e-3, for we see no reason why the same contemporaneous trading rule that applies under Rule 10b-5 would n ot apply in such an action. ?As noted, this court has definitively adopted a contemporaneous trading requirement under Rule 10b-5. ? Although Rule 14e-3 differs in some respects from Rule 10b-5, (and was adopted in order to plug some holes the SEC perceived in Rule 10b-5),6 its core, like the core of Rule 10b-5, is an â€Å"abstain or disclose† requirement. And, as is true of the â€Å"abstain or disclose† requirement of Rule 10b-5, the similar requirement of Rule 14e-3 is designed to prevent the disadvantage that inheres in trading with an insider with superior access to information. ?45 Fed. Reg. 60411-12 (1980). ? So we would have to have some excellent reason to adopt a different standing rule under Rule 14e 3 from the one we use under Rule 10b-5. ? We are convinced that there is no basis for drawing such a distinction. The best candidate appellants have advanced as a basis for differentiating the standing requirement under the two Rules is Plaine v. McCabe, 797 F. d 713 (9th Cir. 1986). ?Plaine held that a plaintiff suing under Section 14(e) need not have traded at all, let alone contemporaneously. ? Id. at 718. The fulcrum of Plaine was a distinction suggested by Piper v. Chris-Craft Indus. , Inc. , 430 U. S. 1, 38-39, 97 S. Ct. 926, 51 L. Ed. 2d 124 (1977), between the types of shareholder protections contained in Sections 10(b) and 14(e): Piper noted that while Section 10(b) was enacted to protect only individuals who actually traded in stocks, Section 14(e) can be understood as protecting not only those who buy or sell stocks but also shareholders who decide not to trade. 430 U. S. at 38-39, 97 S. Ct. 926. ? Because Rule 14e-3 was promulgated under Section 14(e), the argument that a plaintiff who alleges insider trading under Section 14(e) or Rule 14e-3 need not worry about the contemporaneous trading requirement-because he need not have traded at all-has some initial plausibility. On a closer examination, however, Plaine does not speak to the issue at hand. Rather, Plaine focused only on non-insider trading claims brought under Section 14(e), and did not consider the standing requirements for an insider trading claim brought under Rule 14e-3. Section 14(e) broadly prohibits â€Å"fraudulent, deceptive, or manipulative acts or practices, in connection with any tender offer;† it does not contain any specific reference to insider trading. ? Rule 14e-3, on the other hand, focuses on one type of behavior, insider trading, whose prohibition is thought to prevent fraudulent, deceptive, or manipulative acts. ? See O'Hagan, 521 U. S. at 672-73, 117 S. Ct. 2199. ? In accordance with its specific, prophylactic focus, Rule 14e-3 applies to a different set of behaviors than does Section 14(e): Section 14(e) centers on the actual tender offer, whereas Rule 14e-3 regulates illegal insider trading that takes place while a tender offer is under consideration. ? As appellants' brief states, â€Å"[a]ll the elements of a Sec tion 14(e)/Rule 14e-3 insider trading violation are supplied by the language of Rule 14e-3. A comparison of the facts in Plaine with the facts in this case illustrates the difference between the Section 14(e) claim considered in Plaine and the Rule 14e-3 claim considered here. ? Plaine held shares in a company subject to a tender offer. ? She complained that false information in proxy materials had induced other shareholders to tender their shares. ? Because so many other shareholders tendered their shares, the merger went through at a price Plaine viewed as inadequate. Although Plaine did not tender her shares, the court ruled that she alleged injury occurring as a result of fraudulent activity in connection with a tender offer and had standing to assert her claim. ?797 F. 2d at 717. ? Plaine did not, however, allege insider trading, and therefore could not have made out a claim under Rule 14e-3. Brody and Crawford, on the other hand, did allege insider trading but did not allege t hat THC manipulated the tender offer process through the use of false information or by any other means. ? As such, the facts in the current case present a very different situation than that presented in Plaine. The circumstances do, however, bear a much closer resemblance to those in Neubronner, a Rule 10b-5 case centering around accusations of insider trading in violation of an abstain-or-disclose requirement. ? See Neubronner, 6 F. 3d at 667. Despite the similarities of the issues here and in Neubronner and between Rules 10b-5 and 14e-3, as applied to insider trading allegations, Brody and Crawford emphasize the differences between the Rules. ? Unlike Rule 10b-5, Rule 14e-3 does not require proof that a person traded on information obtained in violation of a duty owed to the source of the inside information. Instead, Rule 14e-3(a) creates a duty for a person with inside information to abstain or disclose â€Å"without regard to whether the trader owes a pre-existing fiduciary du ty to respect the confidentiality of the information. † ? O'Hagan, 521 U. S. at 669, 117 S. Ct. 2199 (quoting United States v. Chestman, 947 F. 2d 551, 557 (2d Cir. 1991) (en banc)). ? Although Rule 14e-3 thus expands the notion of who is an insider, it does not follow that the Rule also expands the class of shareholders who may complain when an insider trades without disclosing insider information. As a result, the fact that Rule 10b-5 and Rule 14e-3 are not identical does not lead to the conclusion that one has a contemporaneous trading requirement and the other does not. More importantly, perhaps, in this case, the allegation is that THC traded in its own stock on the basis of inside information. ? Such allegations would state a â€Å"†¦Ã¢â‚¬Ëœtraditional’ or ‘classical’ theory of insider trading liability [under] Rule 10b-5 based on ‘a relationship of trust and confidence between the shareholders of a corporation and those insiders who have obtained information by reason of their position with that corporation. †¦Ã¢â‚¬  ? O'Hagan, 521 U. S. at 651-652, 117 S. Ct. 2199 (quoting Chiarella, 445 U. S. at 228, 100 S. Ct. 1108). ? As such, this case is one that could be-and indeed, was-brought under both Rule 10b-5 and Rule 14e-3, and as to which any differences between the two rules regarding the necessary relationship between the insider and the source of information is not relevant. Brody and Crawford note another reason that, they argue, suggests an expansive reading of Rule 14e-3 is appropriate. In O'Hagan, the Supreme Court ruled that the SEC is permitted to promulgate rules under Section 14(e), such as Rule 14e-3, that prohibit acts not themselves fraudulent under the common law if the rules are reasonably designed to prevent acts that are. ?521 U. S. at 671-73, 117 S. Ct. 2199. ? This authority derives from the prophylactic rule-making power granted to the SEC by Section 14(e), a power that has no parallel in S ection 10(b). ?Id.That the SEC had more power to protect investors when it promulgated Rule 14e-3 than it did when it promulgated Rule 10b-5 does not mean, however, that the SEC exercised that power so as to protect noncontemporaneous traders under Rule 14e-3. ? And, in fact, what evidence there is demonstrates that the SEC did not intend to protect investors who could not have possibly traded with the insiders. In O'Hagan, the Supreme Court quoted at length from and afforded deference to the SEC's explanation of why it promulgated Rule 14e-3. Part of the Federal Register excerpt quoted in O'Hagan stated: The Commission has previously expressed and continues to have serious concerns about trading by persons in possession of material, nonpublic information relating to a tender offer. ? This practice results in unfair disparities in market information and market disruption. ? Security holders who purchase from or sell to such persons are effectively denied the benefits of disclosure a nd the substantive protections of the [legislation that includes Section 14(e)]. 21 U. S. at 674, 117 S. Ct. 2199 (quoting 45 Fed. Reg. 60412 (1980)). This quotation evinces a particular concern for those who â€Å"purchase from or sell to† insiders, and suggests that these shareholders, and not others who trade later, are the intended beneficiaries of Rule 14e-3. ? The contemporaneous trading requirement, designed to limit the class of potential plaintiffs to only those who could have possibly traded with the insider, is therefore precisely congruent with the SEC's expressed purpose in promulgating Rule 14e-3.In sum, Rule 10b-5 and Rule 14e-3 contain similar insider trading prohibitions, triggered by similar concerns. ? While Rule 14e-3 focuses on the tender offer context, the background history and language of Rule 14e-3 indicate that the Rule does not alter the premise that a shareholder must have traded with an insider or have traded at about the same time as an insider t o be harmed by the insider's trading. ? We conclude that there is no principled distinction between Rules 10b-5 and 14e-3 as regards the need for a contemporaneous trading allegation.We therefore extend the contemporaneous trading requirement to insider trading actions brought under Section 14(e) and Rule 14e-3 actions. ? Because Brody and Crawford traded nearly two months after they allege THC traded, they did not trade contemporaneously with THC. The district court was correct in dismissing their Rule 14e-3 insider trading claims. B.? Misrepresentation We next consider a different set of concerns addressed by the securities laws: Rule 10b-5 and Section 14(e)'s explicit prohibition against the making of untrue or misleading statements. The plaintiffs do not maintain that either press release issued by THC was untrue. ? They do argue, though, that THC violated the prohibitions against making misleading statements when it issued the two press releases here at issue. ? In order to sur vive a motion to dismiss under the heightened pleading standards of the Private Securities Litigation Reform Act (â€Å"PSLRA†), the plaintiffs' complaint must specify the reason or reasons why the statements made by THC were misleading. ?15 U. S. C.  §? 78u-4(b) (1); see also Ronconi, 253 F. 3d at 429.As an initial matter, Brody and Crawford correctly assert that a statement that is literally true can be misleading and thus actionable under the securities laws. ? See In re GlenFed Sec. Litig. , 42 F. 3d 1541, 1551 (9th Cir. 1994). ? But they err when they argue that in order for a statement not to be misleading, â€Å"once a disclosure is made, there is a duty to make it complete and accurate. † This proposition has no support in the case law. ?Rule 10b-5 and Section 14(e) in terms prohibit only misleading and untrue statements, not statements that are incomplete.Similarly, the primary case upon which Brody and Crawford rely for their innovative completeness rule su pports only a rule requiring that parties not mislead. ? Virginia Bankshares, Inc. v. Sandberg, 501 U. S. 1083, 1098 n. 7, 111 S. Ct. 2749, 115 L. Ed. 2d 929 (1991). ? Often, a statement will not mislead even if it is incomplete or does not include all relevant facts. 8 ? Further, a completeness rule such as Brody and Crawford suggest could implicate nearly all public statements potentially affecting securities sales or tender offers. No matter how detailed and accurate disclosure statements are, there are likely to be additional details that could have been disclosed but were not. ? To be actionable under the securities laws, an omission must be misleading; in other words it must affirmatively create an impression of a state of affairs that differs in a material way from the one that actually exists. ? See McCormick v. The Fund American Cos. , 26 F. 3d 869, 880 (9th Cir. 1994).We conclude that neither Rule 10b-5 nor Section 14(e) contains a freestanding completeness requirement; th e requirement is that any public statements companies make that could affect security sales or tender offers not be misleading or untrue. ? Thus, in order to survive a motion to dismiss under the heightened pleading standards of the Private Securities Litigation Reform Act (â€Å"PSLRA†), the plaintiffs' complaint must specify the reason or reasons why the statements made by THC were misleading or untrue, not simply why the statements were incomplete. 15 U. S. C.  §? 78u-4(b) (1); see also Ronconi, 253 F. 3d at 429. ?Brody and Crawford's allegations do not comport with this requirement. ? They allege, first, that the press release issued on March 19 was misleading because it provided information about THC's stock repurchase program but did not contain information regarding THC's possible takeover. ? Although Brody and Crawford specify what information THC omitted, they do not indicate why the statement THC made was misleading. ? If the press elease had affirmatively intimat ed that no merger was imminent, it may well have been misleading. ? The actual press release, however, neither stated nor implied anything regarding a merger. ?Brody and Crawford also claim that THC's second press release, issued on April 24, was misleading. ? Again, the plaintiffs do not argue that the press release was untrue. ? Instead, they argue that it was misleading because it stated generally that THC had received â€Å"expressions of interest† from potential acquirers, when in fact it had received actual proposals from three different parties. Importantly, the complaint does not provide an explanation as to why this general statement was misleading, nor is it self-evident that it was. A proposal is certainly an â€Å"expression of interest. † ? Moreover, the press release did not simply state that there had been vague â€Å"expressions of interest;† it went on to state that the â€Å"expressions† were â€Å"from certain parties who have indicate d an interest in acquiring either the entire company or in acquiring the company, with the company's shareholders retaining their pro rata interests in Behavioral Healthcare Corporation [a THC subsidiary]. ? This specificity concerning the nature of the parties' proposals certainly suggests that something more than preliminary inquiries had taken place. Further, the press release additionally stated that the â€Å"Board of Directors has engaged financial advisors to advise the company in connection with a possible sale. † ? This additional information again suggested proposals that were concrete enough to be taken seriously. ? And the reference to multiple parties contained in the press release suggests an ongoing auction for THC was taking place with at least two participants.In short, the press release did not give the impression that THC had not received actual proposals from three parties or otherwise mislead readers about the stage of the negotiations. ? Instead, althoug h the press release did not provide all the information that THC possessed about its possible sale, the information THC did provide-and the reasonable inferences one could draw from that information-were entirely consistent with the more detailed explanation of the merger process that Brody and Crawford argue the press release should have included. Put another way, Brody, if he read the press release, would have been on notice, before he sold his shares, of the distinct possibility that the value of the shares would increase in the near future because of a takeover contest. 9 [11] Because Brody and Crawford have not alleged facts indicating that THC's April 24 press release was misleading, the district court properly dismissed that aspect of the plaintiffs' complaint. CONCLUSION Brody and Crawford have not met the contemporaneous trading requirements necessary to have standing in the insider trading claims they assert. Additionally, they have failed properly to allege misrepresentat ion against THC. As a result, we affirm the district court's decision to dismiss Brody and Crawford's complaint for failure to state a claim upon which relief could be granted. AFFIRMED FOOTNOTES 1. ?Section 10, in relevant part, states: It shall be unlawful for any person, directly or indirectly, by the use of any means or instrumentality of interstate commerce or of the mails, or of any facility of any national securities exchange-?..... b)? To use or employ, in connection with the purchase or sale of any security registered on a national securities exchange or any security not so registered, or any securities-based swap agreement (as defined in section 206B of the Gramm-Leach-Bliley Act), any manipulative or deceptive device or contrivance in contravention of such rules and regulations as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors. 2. Rule 10b-5 states: It shall be unlawful for any person, directly or indirec tly, by the use of any means or instrumentality of interstate commerce, or of the mails or of any facility of any national securities exchange,(a)? To employ any device, scheme, or artifice to defraud,(b)? To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading, or(c)?To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in connection with the purchase or sale of any security. 3. ?These â€Å"standing† limitations are not, of course of the constitutional variety, grounded in Article III of the Constitution, but simply delineate the scope of the implied cause of action. 4. ?Section 14(e) states: It shall be unlawful for any person to make any untrue statement of a material fact or omit to tate any material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, or to engage in any fraudulent, deceptive, or manipulative acts or practices, in connection with any tender offer or request or invitation for tenders, or any solicitation of security holders in opposition to or in favor of any such offer, request, or invitation. ? The Commission shall, for the purposes of this subsection, by rules and regulations define, and prescribe means reasonably designed to prevent, such acts and practices as are fraudulent, deceptive, or manipulative. . ?Rule 14e-3(a) states:(a)? If any person has taken a substantial step or steps to commence, or has commenced, a tender offer (the â€Å"offering person†), it shall constitute a fraudulent, deceptive or manipulative act or practice within the meaning of section 14(e) of the Act for any other person who is in possession of material information relating to such tender offer which information he knows or has reason to know is non public and which he knows or has reason to know has been acquired directly or indirectly from:(1)? The offering person,(2)? The issuer of the securities sought or to be sought by such tender offer, or(3)?Any officer, director, partner or employee or any other person acting on behalf of the offering person or such issuer, to purchase or sell or cause to be purchased or sold any of such securities or any securities convertible into or exchangeable for any such securities or any option or right to obtain or to dispose of any of the foregoing securities, unless within a reasonable time prior to any purchase or sale such information and its source are publicly disclosed by press release or otherwise. 6. ?Chiarella v. United States, 445 U. S. 222, 100 S. Ct. 1108, 63 L. Ed. d 348 (1980), considered, but did not decide, the viability of a misappropriation theory of liability under Rule 10b-5. ?445 U. S. at 235-37, 100 S. Ct. 1108. ?(A misappropriation theory extends liability to some parti es who trade in a company's securities on the basis of confidential information but who have no special relationship with the company's shareholders. ) Following Chiarella, the SEC promulgated Rule 14e-3, which clearly creates liability for insiders who trade in connection with a tender offer and do not disclose the inside information, regardless of their relationship to the shareholders or the source of the information. Then in 1997, the Supreme Court decided O'Hagan, answering the question left open by Chiarella and deciding that Section 10(b) and Rule 10b-5 do create liability under a misappropriation theory. ?521 U. S. at 650, 117 S. Ct. 2199. ? The upshot is that Rules 10b-5 and 14e-3 largely overlap with regard to the scope of insider trader liability, although they differ in some respects not here pertinent. ? See p. 1004, infra. 7. As we discuss below, in O'Hagan the Supreme Court approved Rule 14e-3 as a prophylactic rule designed to prevent core violations of Section 14(e) . ? See p. 1004, infra. 8. ?For example, if a company reports that its sales have risen from one year to the next, that statement is not misleading even though it does not include a detailed breakdown of the company's region by region or month by month sales. 9. ?We note that Crawford sold his shares before the April 24 press release, so he could not have been influenced in his trading by the release. BERZON, Circuit Judge.

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Leadership photo narrative - Essay Example She couldn’t wait to get there. Lana was excited, confident of meeting expectations and thereby earning the love and respect of her new colleagues. Lana had been offered a job as a computer technician in a prestigious firm that prided themselves on employing and empowering the differently abled. They subscribed to the school of thought that believed in person-centric planning for the required service and support systems for their employees with disabilities and consulted with a highly acknowledged team of Human Services professionals. Life seemed to have so much to offer that lovely morning that Lana had quite forgotten the hard time she had had just some time ago when boarding the bus. Looking at Lana’s bright and happy face and twinkling eyes, no one could have suspected how severely challenged the young woman was. Her peculiar condition made every physical action a little battle in itself. Some strange muscular dysfunction made her a contradictory combination of a sharp and agile mind in a physically challenged body that labored to obey simple signals from her brain. What a struggle every step she took was! Only she knew how much courage it took to go on doggedly determined to achieve her objective- sometimes as commonplace as climbing the rather high steps of the bus. However, Lana had been lucky to have a great family and caregivers. Her parents and siblings together with her teachers at the special school she had recently graduated from had helped her become what she was today. Lana was a trained information technology or IT professional. At her computer and on the internet, she was a wizard and that was exactly what had got her this job in the city. But Lana had learned much more than merely computer skills. She had learned to accept a stranger’s helping hand appreciating his or her genuine concern instead of feeling humiliated. She had learned to ignore the pitying glances of others better-abled than she. Above all she had

Stem-Cell Research Term Paper Example | Topics and Well Written Essays - 1000 words

Stem-Cell Research - Term Paper Example The practical use of blood stem use has been in existence for over 40 years with many clinical trials using tissue derived stem cells (Hug, 2010 104)Today stem cell research has developed into one of the most promising and influential fields of medical science. The nature of its experiments and methods, as well as the results, has also made it easily the most controversial. Its connection with cloning has opened it up to attacks from religious groups and with many believing that the science aims at enabling humans to play god. Stem cells are cells with the ability to divide indefinitely and result in a variety of specialized cells in a process known as developmental plasticity. This ability is common in embryonic cells, and they give the cells the highest potential for growth. Moreover, stem cells can be categorized into three different groups based on their differential abilities. Namely, embryonic, adult, and foetal stem cells, it is worth noting that adult stem cells have only rec ently come to be discovered since the presupposition was they rarely contain stem cells, this has been proved wrong by recent research . Tominipotent cells are to be found in exclusively in early embryos from an individual cell in this category, a complete organism can be formed. On the other hand, pluripotent cells exist as undifferentiated in blastocyst (Popular issues 2012). ... Embryonic Stem Cells One of the distinguishing characteristics of the embryonic stem cell is that it can transform into any other cell ranging from brain to liver cells. The chief source of these cells is the fertilized eggs from couples who are going through the In Vitro Fertilization. The 5 to 6 days old pluripotent embryos can differentiate into any one of the three germ layers (Appasani, 2010 pg 182) After the separation of the stem cells, replication of stem cell into stem cell lines follow that is a tedious process which does not guarantee results. Replication of stem cell lines may go on in culture dishes countless times and through a period of many years. Adult Stem Cells These can be found in both children and adults with the name setting them apart from the other kinds of stem cells. Adult stem cells are evident in human beings, but the process of their isolation and identification is what tasks specialists in this field. Consequently, the there is no clear cut information on whether they have restrictions to a variety of cells in relation to single tissue type or if they can exist as any tissue type (University of Edinburg Para 6). Foetal Stem Cells Unlike the other cell types, the foetal stem is easier to collect and have a lower likelihood of rejection (University of Edinburg Para 9). They are collected from aborted fetuses, the umbilical cord, or the placenta, however, Albeit considerably differentiated; they still have the potential to morph into other cell types making them excellent for transplant. However, the downside of these is that they can transmit condition such as leukemia that may not have been detected in the fetus. Besides, there is a plethora of moral and ethical issues, bearing in mind

Selling own common stocks Research Paper Example | Topics and Well Written Essays - 1000 words

Selling own common stocks - Research Paper Example These methods are open market, fixed price tender, private negotiation, repurchase and Dutch auction. It was in the late 20th century that there was enormous increase in the share’s volume repurchase in American, which rose from $5 billion in the year 1980 to $349 billion in the year 2005 (Stock Buybacks). It has been noted that the reason behind the corporation’s enormous amount of repurchase and selling of their own common shares is subjected to some conflicting interpretations. However there is no satisfactory explanation to these changes that occurred in the repurchasing activity of these corporations over the last few decades. The dramatic increase in the repurchase of open market shares occurred in 1990’s and several factor led to its development. One of the factors is considered to be the improved regulatory environment which supported the repurchase of common stock which resulted from the adaption of rule 10b-18 introduced by the Security and Exchange Commission, or SEC in the year 1982. Another factor that contributed to the repurchase is considered to be economic conditions. This paper discusses the reasons why corporation sell and purchase their own stock. A study was conducted regarding the open market repurchases which concluded that it is the changes in the compensation policies that often led to the changes in the payout policy. The result also indicates that the firm usually announces repurchases when executives have several different options outstanding and when the employees too have several options present that are exercisable. Once the firm makes the decision of being engaged in a repurchase, the amount of stock repurchase can be positively related to the total number of options that were exercisable by the workers, independent of the option that the executives had. The result of this study remains consistent with the managers repurchasing both for funding

Famous Botanist Francisco Hernandez Essay Example for Free

Famous Botanist Francisco Hernandez Essay During the time of 1700 hundreds many artist made their way to spain to seek out what they believed to be an art form but done in garden designs. So many people thought that this was a great cause and belived that this was they were meant to do for life. Francisco like other believed that this was the way to go so he to set to become a famous garden designer and soon he got his wish and was sent for by the duke of Earl. It took many years to establish a good working condition with his boss so he just continued to give his best at what he did which was deisgn the most beautiful garden that you would have ever seen. For many years it wqould be difficult for him to do anything else vbut design because that is all he thought about all day. In the winter it wouod prove to be cruel to him but he weathered the storm and kept right ahead with what he was doing and that was to creat the perfect garden fro duke. Many times the duke became frustrated with his work that he should have never sent for and this made Frncisco so very unhappy to where he put his all into what he was doing even more so but this was not enough until one day he finally decided to tell his boss that he was to ask him to send him back home.

Family Domestic Violence Assessment Social Work Essay

Family Domestic Violence Assessment Social Work Essay Mrs. Chan has a family of four including a son and a daughter. She first came for help because of the bad father-son relationship in her family. During the interview, she disclosed the fact that she has been suffered from domestic violent for about one year. Four interviews were conducted by the worker. The purpose was to help assess the situation and set up an intervention plan to dismiss domestic violent in the family and create a harmony family atmosphere. Background information The client, Mrs. Chan, is a housewife and her husband runs a grocery store. They have an 11-year-old son and an 8-year-old daughter. The financial status of the family is adequate. Problem assessment Clients perception of the problems During the interview sessions, Mrs. Chan explained her views on the problem. Mrs. Chan worried about the bad father-son relationship in the family. For example, they seldom talk to each other. The sons school work was getting work and had strange behaviors. Mrs. Chan told the worker that she was abused by her husband and tolerated it for about one year. She had mentioned if her husband took out a knife, she could not stand it. When this happened, the client worried about she and her two childrens safety. Works perception of the problems According to Family-Centre Approach (Waldegrave , 2005), the family system would be disturb if there is one problem in the family. It suggest to focus on one problem and to regain the balance step by step. The worker observed that the family have several problems . The family members tolerated them but not tried to solve them, they lacked of focus on the problems. Domestic violent Mrs. Chan suffered from domestic violent since last year. Mr. Chan abused Mrs. Chan and even took out a knife to threat. The worker observed that the client and her childrens safety were at risk. Spousal relationship The unsolved domestic violent would trigger the other problem in the family (Waldegrave , 2005). The worker found that Mr. Chan was not respectful enough towards Mrs. Chan. He abused his wife and did not consider her physical hurt and trauma. Mrs. Chan tolerated it for a long time and never asked for help. Tolerate is not help for problem solving. Father-son relationship The family is the fundamental resource for the nurturing of children and parents should be supported in their efforts to care for their children (Waldegrave , 2005). The domestic violent affected the father-son relationship. The children witnessed the father beat the mother, this arouse the hatred of them towards the father. During the interviews, the worker found the client had suffered from domestic violence for a long time. She had many worries and hard to decide the arrangements, for example, financial concern and childrens school issue. Agreed view of the clients and the worker The client and the worker agreed that safety is the first concern. We thought that Mrs. Chan and her two childrens were in a dangerous situation. The domestic violent led to other problem in the family, such as the father-son relationship and the sons behavior problem. Based on Mrs. Chan determination to change, it was hope that the domestic violent could be dismiss and a more harmonious atmosphere would be create in the family. Priorities of problems Domestic violent Spousal relationship Relationship of father and son Intervention phase The Inter-Agency Committee on Collaboration of Services for Families Where Wife Assault Occurs (1990) suggest that unless the batterer acknowledged his violent behavior and finished his own intervention plan, the worker should not bring the couple together for counseling. In this case, the client and her family member were separate for different individual intervention. Objectives Short-term: Ensure safety To dismiss violence in the family Improve spousal relationship Improve father son relationship Long-term: Create harmony and supportive atmosphere in the family Strategies and rationales Residential Services for Abused Women Lowenberg and Dolgoff (1996) developed an Ethical Rules Screen which place the protection of safety as the most important principle. So the workers first concern was the clients safety. Refuge centers provide temporary accommodation to females and their children in face of domestic violence or family crisis. The social worker would refer the client for the Harmony House for safety concern. She can have a safe place to stay and think about what to do next. Domestic violence support group Many women think that telling others or reporting to the police of the violence is betrayal and disloyal to the husband, she is also breaking the trust and friendship between the two (Towns, Adams and Gavey, 2003). According to the case, Mrs.Chan was reluctant about telling the abusing problem at first and informed that she had never told others before. So it is good for her to communicate with others in the same situation and face the problem not tolerate it. This interaction would benefit her decision making. Emotional management and interpersonal relationship workshops Mrs. Chan indicated that Mr. Chan was not good at controling his emotion and got hot temper. These workshops are conflict resolution trainings that help abusing men deal with their emotions in a healthy manner. The workshops emphasize empathy, forgiveness, and understanding. Through the course of the workshops he will be able to control anger . Counseling with the children Kolbo(1996) suggest the negative effects of witnessing domestic violence on childrens emotional and behavioral development. The domestic violent behaviors had bad effect on the children. The son worse in study and hate his father. It is necessary counsel the children for further intervention. Apply family therapy Use risk assessment to evaluate two of the couple are ready for the family therapy, and the safety monitoring is ongoing. In the condition that the husband was conscious that his violence was irrational and the wife was willing to counsel with the husband. The family-centre approach believe that families who seem hopeless can grow and change (Boone, 2002). All family member is responsible to the harmony of the family.

Edgar Allen Poe: An analysis

Edgar Allen Poe: An analysis Here is something to ponder: Edgar Allan Poe once expressed, Dream dreams that no one has ever dreamed before (Poe, The Raven). Even if a person is only a little familiar with the life of this prolific writer, he can immediately identify some irony in the former quotation. It is very ironic in the sense that a man who suffered such incredible losses in his life was still able to pursue his dreams. Edgar Allan Poe came from a life of poverty, but is now considered one of Americas most prolific writers. Indeed, the reality that Poe came from nothing makes his achievements, as both a writer and a person, even more awe-inspiring. Therefore, Poe is certainly right about his wise saying, as it reflects the story of his life. Perhaps he was so successful because he wrote about his own life and both his physical and mental experiences. All of the unfortunate events in his life serve as the framework for many of his famous pieces, including Annabel Lee, The Raven, and The Fall of the House of Usher. In fact, many of his themes delve into the things Poe experienced in his life, particularly death. The life of Edgar Allan Poe is characterized by various unfortunate events, which influence the themes of his writing: love, lust, and death. The first and most prominent is the presence of a deceased or dying woman. This is no surprise as all the women in Poes life died from tuberculosis. In Annabel lee, the title character happens to be the deceased woman. It is unclear to whom Poe addressed Annabel Lee as his mother, adoptive mother, and wife were all candidates (Peltak 91). Many believe the deceased character represents all the women he loved and lost (Peltak 91). Regardless of who she personifies, she is idealized as a youthful, beautiful lady. There is also a relation between decaying beauty and the physical signs of tuberculosis. The physical signs of tuberculosis include pale, luminous skin and red cheeks which corresponds to the victim in Annabel Lee as her beauty faded away (Peltak 15). Perhaps Poe is successful at raising the dead so believably because it was such a constant fact of his life (Peltak 15). Another aspect of Poes poetry that reflects his personal life is the element of the grieving man. Poe was left grief stricken after the death of his mother, adoptive mother, and wife. The feeling Poe experienced is similar to the torture and grief the man in Annabel Lee exhibits. In this circumstance, the speaker is a surviving husband or lover. The narrator laments his lost love, his beautiful Annabel Lee. The plot twist at the end of the poem is that the narrator ends up in the sepulcher by the sea. Such an action can be a sign of the narrators true love. The narrator almost seems obsessed with the love the two shared, which is analogous to his relationship with Virginia. A prominent theme is the love of beauty and the mourning of its passing into death (Otfinoski 6). The repetition of the name Annabel Lee proves how much this woman meant to the grieving man. Poe truly wants the reader to experience the same pain he felt after losing the loves of his life. The insanity of the narrator impacts the poem immensely. The narrator thinks Annabel Lee was taken away because people were envious. He believed her death was supernatural rather than an illness. After the death of Annabel Lee, the narrator is left in solitude, and thus becomes insane. Edgar Allan Poe was left in complete solitude various times in his life since he was abandoned by both father figures and all the women he loved died. Poe was also known as a depressed and morbid man, especially during the last few years of his life. The gothic themes of perversion, death, and insanity all reflect the pain in his life. More importantly, they contain a meaning throughout the work itself. Insanity is present as the narrator experiences a destruction of his mind, body, and soul. The plot is twisted because the reader discovers that the narrator may be in the tomb with Annabel Lee at the end of the poem. Death is important to the narrator as he ponders what happens before, during, and after passing away. All of the former themes have an underlying meaning that is related to Poes life. He experienced perversion, death, and insanity in his life and making them all of the major themes of his works is the way he conveys himself. Poes best known poem, The Raven, was published in 1845 and certainly made Poe famous. The poem became so famous that people referred to Poe as the raven' (Oakes 3). Similar to Annabel Lee, specific themes in The Raven correlate to Poes personal life. Some important themes to make note of include insanity, death, loneliness, and the element of supernatural. Each theme is relevant to Poes life in at least one perspective. The most obvious theme is the longing over a lost loved one. Specifically, the talking raven reminds the narrator about his dead love, Lenore. Although Poe mourned the deaths of various women in his life, many critics believe this poem was written for his wife, Virginia. When The Raven was published, Virginia had been wasting away from tuberculosis for three years (Peltak 13). It is strongly believed that The Raven was written in portrayal of the tragedy that existed for the two lovers (Oakes 2). Nevermore is the ravens repetitive message that is instantly recognizable even outside the context of the poem (Peltak 12). The effective repetition of this phrase gives the poem a dramatic intensity that carries the story and the reader to an ultimate realization (Otfinoski 5). The narrator, who is the mourning husband, finally realizes that his soul will Nevermore be freed from the shadow of his former love (Whiting 36). It is very possible the intensity and intricacy was intended as a mea ns to represent Poes complex life, especially regarding women. He lost one loved woman after another, and mourned each death more than the other. The repetition of the demonic message, Nevermore emphasizes Poe will no longer be reunited with his deceased mother, adoptive mother, and wife. Poe is extremely talented in his ability to intensify his prose and give his audience an alluring mix of accessibility and mystery (Peltak 12). Critics are convinced that it is a mystery and increase of anxiety that allows The Raven to resonate generation after generation. Yet, despite the element of horror and fantasy, The Raven is ultimately a Poem about remembering (Peltak 13). The steady reply of Nevermore haunts the narrator, who is unable to reconcile the loss of Lenore, and thus loses insanity (Peltak 13). The husband serves as a grieving man who goes insane by the end of the poem. The raven refuses to leave the door of the library, just like the pain from Lenores death will never fade. A few parallels between Poes life and literature can immediately be recognized. The grief-stricken narrator resembles Poe because both men will never be relieved from the death of a loved one. The maddened narrator reveals that the raven remains in the library and that he can never be free of its torment, just like Poe will never be free of the torment of his grief (Peltak 12). It is also clear that Poe correlates the death of a loved woman to the loss of beauty because Lenore is idealized as youthful, beautiful, and perfect (Peltak 16). This also implies the beauty he saw in the women he lost, which possibly sparked more despair. Poe stresses the concept of beauty like no other writer. Since Poe views beauty as perfection, and it is impossible to attain perfection, it is essentially impractical to maintain beauty. This statement is feasible because Poe lost all beauty in his life; nor was there anything beautiful about his life. The loss of beauty only deepens the torture the grieving narrator experiences. Poes emphasis on Lenores beauty greatly affects her husband and drives him insane. The themes of death, loneliness, and insanity are not only evident in The Raven, but also in Poes life. The supernatural element is the talking raven. Poe definitely believed in the supernatural because he thinks death is somewhat supernatural. For instance, in Annabel Lee, the narrator believed Annabels death was utterly supernatural. Because both Poe and the characters of his stories believed in the supernatural, they were often seen as insane. In The Raven, the narrators madness is sparked by the ravens taunting; he is convinced the raven will never leave. The financial anguish and Virginias death drove Poe to depression and self-destructive drinking (Peltak 37). Poes downfall is very similar to the destruction of the narrators mind, body, and soul. The narrator becomes depressed because he will Nevermore see his love again, thus his breakdown begins. He is lonely after the death of his wife, which is analogous to Poes loneliness after Virginias death. After her death it was nearl y impossible for Poe to find stable love and support. Like Annabel Lee and The Raven, the recurrent themes of death, perversion, and destruction of the mind, body, and soul are only a few of the numerous themes found throughout The Fall of the House of Usher. When first studying The Fall of the House of Usher, the reader will immediately note that Roderick Usher is mentally sick. Because of his mental illness, Roderick represents the mind, which evidently reflects the mental conflict Poe suffered in his life. Between his depression and the addictions, it is fair to say that Poes life gad been mentally rough. Roderick Usher characterizes all of Poes mental battles. Poe was certainly, attracted to ghost stories and the supernatural (Otfinoski 4). It is no wonder why he is fascinated by horror stories since his life was similar to one. Both are full of death and madness. Since the male represents the mind, it is logical that the female signifies the body. Rodericks sister Madeline is physically sick. Madelines illness essentially reflects the illness the women in Poes life had. The tortured or grieving man, dying or deceased woman, a supernatural element, a creepy or gloomy setting and various symbols and omens are all easily recognizable in The Fall of the House of Usher. The crumbling house with a crack provides the gloomy and creepy setting in The Fall of the House of Usher. It would be unreasonable to expect a man who has experienced a great amount of death and loneliness in his life to write about cheerful subjects. Madeline, the body, needs Roderick, the mind, to die. Both represent to halves of the whole which indicates an incestuous relationship. Edgars relationship with Virginia was indeed incestuous, since they were cousins. After Madeline and Roderick die, the house, representing the soul, splits and falls. Since Poe experienced all the elements within his story, it was probably relatively simple for him to include such great detail and intensity. It happens to be this personal intensity, more than any other literary characteristic, that makes Poes best tales so haunting and unforgettable (Otfinoski 4). In Poes literature, the same terrible themes occur in story after story (Otfinoski 4). Every theme and element is relevant and related. The enigmatic quality of the strange is evident in the gloomy setting and perverted plot twist. Madeline was alive all along, and eventually kills her brother causing the house to fall. There were many strange aspects of Poes life, particularly the fact that the three women he loved the most died of the same disease. The destruction of the mind, body, and soul exemplified through the downfall of Roderick, Madeline, and the crumpling house. The collapse of Poe and the people in his life can be easily seen through this ambiguous symbolism. Just like the rest of Poes literature, there is insanity, which is mostly epitomized by Roderick. It would take an infinite amount of pages to explain every correlation between Poes life and Annabel Lee, The Raven, and The Fall of the House of Usher. However, it is most essential to recognize that he expresses his emotions through the imperative themes of his literature. Every poem and story contains relatively the same elements: a grieving man, deceased women, the supernatural, insanity, love, and of course, death. The redundancy of these themes indicates the importance of these elements, and also how much they impacted Poes life. The tortured and grieving man concurs with Poes loneliness all throughout his lifetime. The deceased or dying women symbolizes the writers mother, adoptive mother, or wife who left him alone after death. Poes feelings toward love and death are very unique and are shaped by the events in his life. Poe loved all three women and venerated their beauty, even after they died. There is always a character that goes insane in Poes literature, which acts as a r eflection of Poe himself. Poe is a literary genius because he is successful at turning the unfortunate troubles of his life into the major themes of his stories. Life threw him terrible situation, but with them he created literature, both brilliant and expressive.

On Style :: Style Toward Clarity Elements Writing Essays

On Style Style is a very ambiguous word. Asking the question, â€Å"What is Style?† is almost a philosophical endeavor, comparable with â€Å"What is Truth?† Asking the question, â€Å"What is Good Style?† is even harder. Society’s boundaries are constantly shifting to accept or banish items from the definition, in art and writing specifically. Yet there are certain elements that remain constant in all these changes, and these are the elements that style manuals try to pin down. Before the class reading/blogging project began, I thought of style as the method a writer uses to communicate his/her ideas to the reader. I still do. If the point of writing is to communicate ideas, and the vehicle we use to transport the ideas from our brains to our readers is our STYLE, then the most important element of style is being clear. What I have learned from reading Strunk and White's The Elements of Style and Joseph William's Style Toward Clarity and Grace is that there are a variety of ways to make writing clear. Each book has its own unique approach to the problem of establishing clear communication in print. Strunk and White’s method of attack is from the angle of the writer. The rules outlined in the book focus on the writer’s image of what he is communicating. The rules are designed to help the writer sort through her own thoughts on paper, and extract the essence of what is being communicated. The theory seems to be that clearer writing begets clearer thinking. For example, rule #14 in Strunk and white states "Use the active voice." If we compare the two sentences given in the example; "Do not say: There were a great number of dead leaves lying on the ground. Do say: Dead leaves covered the ground." (S&W 18) we see how the active voice communicates more clearly than the passive. The excess words get in the way of what the writer is trying to say. This is compounded in rule #17, â€Å"Omit needless words.† The passage states that â€Å"Vigorous writing is concise.† (S&W 23) This reference to vigor and other health terms is mirrored in other rules, and is a clue-in to the entire Strunk and White approach to style. Good style to them is a way of thinking, a confidence in thought that lends itself to forceful, clear statements by the writer. Williams Style Toward Clarity and Grace carries on many of the same rules that are laid down in Strunk and White, only with a different approach.

Topology Essay -- Mathematics Geometry Essays

Topology Topology is the study of those properties of geometric figures that are unchanged when the shape of the figure is twisted, stretched, shrunk, or otherwise distorted without breaking. It is sometimes referred to as "rubber sheet geometry" (West 577). Topology is a basic and essential part of any post school mathematics curriculum. Johann Benedict Listing introduced this subject, while Euler is regarded as the founder of topology. Mathematicians such as August Ferdinand MÃ ¶bius, Felix Christian Klein, Camille Marie Ennemond Jordan and others have contributed to this field of mathematics. The MÃ ¶bius band, Klein bottle, and Jordan curve are all examples of objects commonly studied. These and other topics prove to be intricate and fascinating mathematical themes. Topologists are mathematicians who study qualitative questions about geometrical structures. They ask questions like does the structure have any holes in it? Is it all connected, or can it be separated into parts? Topologists are not concerned with size, straightness, distance, angle, or other such properties. An often-cited example is the London Underground map. This will not reliably tell you how far it is from Kings Cross to Picadilly, or even the compass direction from one to the other. However, it will tell you how the lines connect between them, using topological rather than geometric information (What 1). Furthermore, if one figure can be distorted into another figure without breaking, then the two figures are described as being topologically equivalent to each other. Two examples of topologically equivalent figures are a coffee cup and doughnut, and groups of the letters of the alphabet. First, an object shaped like a doughnut is a torus. A torus can... ...and. New York:Oxford University Press, 1993. "Felix Christian Klein." Available Online. http://www-groups.dcs-and.ac.uk/~history/Mathematicians/Klein.html. Accessed 12/4/99. Flegg, Graham. From Geometry to Topology. New York: Crane, Russak, and Company, Inc.,1974. "Jordan Curve Theorem and its Generalizations." Available Online. http://www.math.ohio-state.edu/~fiedorow/math655/Jordan.html. Accessed 12/6/99. "Marie Ennemond Camille (1838-1922)." Available Online. http://ukdb.web.aol.com/hutchinson/encyclopedia/91/M0046091.htm. Accessed 12/6/99. "What is Topology?" Available Online. http://www.shef.ac.uk/~pm1nps/Wurble.html. Accessed 12/4/99. West, Beverly Henderson, and others. "Topology." The Prentice-Hall Encyclopedia of Mathematics. 1982. 21: 577-585. Yaglom, I.M. Felix Klein and Sophus Lie. Boston: Birkhauser Boston, 1988.