Martin Luther Kings Last Speech

Martin Luther Kings Last Speech Acquaintance â€Å"I have been with the mountain† was Martin Luther King’s last discourse before he was killed. In this discourse, King targets keeping up activity by empowering the social liberties activists to keep battling for racial fairness. He utilizes scriptural references to pass his message across to the individuals. He says that simply like the scriptural Jews who endured in the wild, however their relatives at last arrived at the Promised Land, so will the relatives of the individuals of color in the United States.Advertising We will compose a custom article test on Martin Luther Kings Last Speech explicitly for you for just $16.05 $11/page Learn More King rallies the individuals to continue battling for their privileges and never to surrender. He alludes to the numerous triumphs the developments have had up until now. He understood this was the best strategy to urge the individuals to ensure that dissatisfaction doesn't overpower optimism. He contrasted past occasions and with make ends that all will be well later on. On most events he utilizes the book of scriptures, for example, he thinks about the Jews slaves who were oppressed in Egypt, yet because of their determination, they lived until they were discharged and in the long run arrived at the Promised Land, to the dark slaves in America whom he accepted would likewise at long last be free. This was his focal case, which really comes out plainly in this line â€Å"I need you to know today around evening time that we as a people will get to the Promised Land† (King 1). This served to empower the social liberties activists to utilize exemplary nature in their battle for balance. In this discourse King was talking legitimately to the sanitation laborers who were striking in Memphis, yet his goal was to arrive at all African Americans to urge them to energize behind the development with the goal that they can accomplish their social equality. He utilizes numerous past occasions to help this case. For example, he utilizes past endeavors to delineate a portion of the social liberties triumphs. Among them are the protests that occurred in North Carolina, the opportunity rides that were seen in the South, the Negro activism in states like Georgia, Albany, Alabama, and Birmingham, and furthermore the numerous supporters who trooped to capital in 1963 to take an interest in the showing in which King gave his â€Å"I have a dream† discourse. He additionally utilized those battling bad form in Memphis, Alabama, and Selma to help his case (King 1). Ruler utilizes his rhetoric aptitudes in this discourse to make a job of extremist to be played by his crowd by retelling bravery stories before and guaranteeing them that they will in the end succeed even without him around. He utilizes a prevalent relationship with the crowd by utilizing numerous individual models in supporting his case. This caused the individuals to understand that he was a big cheese to them. The job of prophet that he gives himself causes individuals to have confidence in each word that come out of his mouth.Advertising Looking for article on political theories? How about we check whether we can support you! Get your first paper with 15% OFF Learn More When he says â€Å"I need to express gratitude toward God again for permitting me to be here with you† (King 1), he draws out the possibility that he is picked by God to convey his kin from hopelessness. He utilizes brushes with death that he has experienced to paint himself as an individual who has been tried and picked. He likewise rises as a visionary when he guarantees that he has been on the highest point of the mountain and has seen the Promised Land (King 1). Lord utilizes an efficient ordered structure that he deliberately implants with regards to the time. He ventures out back to allude to the early accomplishments of the development in the beginning of the 1960s and works his path efficiently to the pres ent and finishes up the discourse with a visionary investigate the future ahead. By utilizing this structure, King had the option to revive energy in his crowd by helping them to remember their conditions and urging them to consistently remember their present difficulties (King 1). To put it plainly, King claims that the endeavors of the social liberties development will come to manage natural product. He demonstrates this by imparting his fantasy to the individuals. Having accepted a prophetic figure, he didn't require a lot of confirmation to reinforce his message despite the fact that he has refered to a couple. His message was a modest supplication for fairness not an interest by blacks that could make dread in the white populace. This is appeared by his differentiating case of the dark ladies who endeavored to murder him and that of the little white young lady who respected him. Work Cited King Martin. Ive Been to the Mountaintop. American Rhetoric, 1968. Web. https://americanr hetoric.com/addresses/mlkivebeentothemountaintop.htm

Facility Planning Part I

Office Planning-Part l When making arrangements to fabricate or remodel a heath care office there are a great deal of things that must be mulled over. The main thing to begin with is the network. The organizer must assess the network to discover what sort of network the office is situated in and if the office is serving the necessities of the network. This paper will investigate a network in on the south side of Chicago and the new advancement of a drawn out consideration office in the network. It will talk about the community’s requirement for the drawn out consideration office. It will talk about the sort of populace the drawn out consideration office serves. It will likewise give a portrayal of the drawn out consideration office serving the more seasoned grown-ups in the network. Roseland is an enormous network situated on the south side of Chicago, Illinois. It is a blended network all things considered and ages. For the more seasoned grown-ups it's anything but a network for them to live alone in. The people group is thriving with young people and with the adolescents came an ascent in wrongdoing. Medications and viciousness is running fast, in any case, the more established grown-ups don’t need to leave their homes, their locale, their known environmental factors. Likewise influencing the network is the economy. With property charges and the typical cost for basic items on the ascent, it is a battle for the more established grown-ups to keep up their independents. With these things coming against the maturing grown-ups, there came the need to put the maturing grown-ups some spot sheltered and reasonable without removed them from the network. This need lead to the advancement of a strong living network. There are in excess of 60 long haul care choices. These administrations are isolated into nine classifications. Strong living, additionally called helped living, falls under the Housing classification. Autonomous lodging, proceeding with care retirement network, and gathering lodging additionally falls under the Housing class of long haul care choices. Strong living administrations were extraordinarily produced for more established grown-ups who can't work without assistance and thusly can't be aided a private consideration or retirement-living office. The expense for living in a strong living network expenses can extend somewhere in the range of $2,000 and $2,000, contingent upon the room size and conveniences. There is an extra charge for clinical administrations. This is the ideal help for more established grown-ups who need help however don’t require 24 hour checking or help. It is additionally ideal for the more seasoned grown-up who can’t bear to live on their own as a result of the average cost for basic items. Triumph Center of Roseland is a Supportive Living Community by Pathway Senior Living. Triumph Center of Roseland is for those needing some help with the exercises of every day living. This office has private studios with an occupant call framework and a stage in shower. The staff gives three day by day dinners, medicine the board, housekeeping and clothing week by week, wellbeing programs, planned outings and exercises, routine upkeep, all utilities aside from telephone, link, and web, lounge room with chimney, library, a lounge area for family and private social events, yard garden with porch, network live with 50† TV, create live with showing kitchen, magnificence/hairstyling parlor, and a bathtique with whirlpool. It is additionally pet inviting. Making arrangements to remodel or fabricate an office takes a great deal of work and arranging. One of the fundamental contemplations is to investigate the network and the necessities of the individuals in the network. On the south side of Chicago, Illinois the Roseland people group wanted to set up a steady living for the more seasoned grown-ups who live there. Out of this need came the advancement of Victory Center of Roseland. Created by Pathway Senior Living, this office gives a protected, moderate spot for the more established grown-ups to live without living their locale. This office offers the solace of home alongside giving friendship and the security of 24-hour staffing, or help with life’s day by day undertakings. This people group has everything a more seasoned grown-up necessities to appreciate every day of their life without limit. It is strategically placed close to shopping, clinical workplaces, and transportation. This park-like ground, serenely outfitted network gives a safe house from the hurrying around of the city in the city.

7 Ways to Avoid Overdraft Fees

7 Ways to Avoid Overdraft Fees 7 Ways to Avoid Overdraft Fees 7 Ways to Avoid Overdraft FeesWhile there arent any ways to escape overdraft fees altogether (even if you opt out of overdraft protection) there are still many ways to keep them at bay.There are a lot of things you can do that will hurt your long-term financial outlook, like making weekly visits to the casino or investing in your cousin’s new business idea. (Uber for hot air balloons? Sure, Darryl.)But while racking up overdraft fees on your checking account is a bit more on the mundane side, it could end up doing just as much financial damage as any ill-timed family investment.Overdraft fees are most commonly created when people forget how much a bunch of small purchases can really add up,” said Shane Walker, Shane Walker, executive VP and CMO at  ProActive FinTech LLC. A zip through the drive-thru, a stop for milk and bread, some gas in the tankâ€"and suddenly, the bank account is hovering just above zero. And you might not even realize it.”With an average overdraft fee of $3 0, overspending your available funds is not a mistake you want to make. How a $15 meal can cost you $120.One of the dangerous things about overdraft fees is that they aren’t a one-time thing. Once you’ve overdrawn your accountâ€"and been hit with that initial feeâ€"every subsequent withdrawal or debit card purchase will result in a brand new charge.As a result, the bill can add up really fast.Licensed CPA  Riley Adams (@TheRiles89) shared this story from his college of how overdraft fees took a few small financial mistakes and very nearly turned them into a major money headache:“I recall an unfortunate event with my brother going to McDonald’s after class. My brother didn’t want food when we got there so I ordered myself some food and incurred (without my knowing) an overdraft fee. That $5 combo meal turned into $40.“After my brother saw my food, he got hungry and wanted to order something as well. His $5 meal also cost me $40 when the fee was included. And if it wasn’ t bad enough, when we both finished, we ordered dessert.“You can guess what happened. Three overdraft fees plus $15 worth of food was outrageous.That’s awful! Luckily, Adams’ tale of overdraft fee-induced woe has a happy ending.“Fortunately, we contacted the bank explaining we didn’t know we were overdrafting because my direct deposit paycheck was delayed that week. After clearing this up, thankfully, they waived the fees, he explained.While calling your financial institution post-mistake is always a good idea, you shouldn’t make that your go-to overdraft avoidance strategy. In order to kiss these ridiculously expensive fees goodbye. we recommend you try one (or more!) of the following seven methods.1. Use an overdraft line of credit.Adams went on to say that he rectified the situation by adding an overdraft line of credit to his account to ward off future overdraft fees. This is a product that, in essence, loans your account to cover the overdrawn funds until you can de posit more money in your account.While you’ll owe interest on any funds that are drawn from this line of credit, the rates you’ll pay will be much lower than the corresponding rates for an overdraft fee. Adams’ $120 meal, for instance, carried an interest rate of 700 percent.“It turned out to be a much less costly way to bank than hoping not to get hit with overdraft fees. Many banks have begun to offer this service and I know I’m glad I have mine, he said.2. Link an emergency fund savings account.If you can save up a little bit of money, its a good idea to link up a savings account as a form of overdraft protection. While you’ll still incur a small charge for the transfer, you won’t have to pay any interest on the transferred funds.“Setup an emergency funds savings account,” said Pete Longo, VP of Digital Banking at  Axiom Bank, N.A. (@axiombank). Do not make this your main long-term savings account but instead an account where you  set aside some emergency funds each payday. Even a small amount such as $5 can build up with proper budgeting over time.“From here you can choose to link this account to your checking account for overdraft protection if your bank offers it.  This will minimize or eliminate fees in the event of a mistake where overspending occurs.”You’ll still want to take additional steps to avoid overdrawing your account, but this is a much better emergency fallback option than an overdraft fee. You’ll also want to make sure you keep that emergency fund well-stocked, otherwise, you’ll find yourself right back where you started.3. Make a budget.Of course, the best way to avoid overdrawing your account and incurring all those extra fees is to keep track of your money! And to do that, you’re first going to need a budget.“Create a budget at the beginning of the month,” advised money blogger Yaz Purnell of  The Wallet Moth (@thewalletmoth). “Set aside money for your rent/mortgage, bills, transport, groceries, leisu re/hobbies, and any other monthly costs you incur. Simply having an idea of what money needs to go where is your first step to avoiding accidentally overdrawing your account.”Not sure how to go about building a budget? No worries! Just check this  OppLoans Guide for first-time budgeters, complete with a free budgeting spreadsheet to help you get started!4. Get a money tracker.Creating your first budget is a huge step in the right direction. But once you’ve got that in place, you’ll still need a way to keep track of your spending. That’s why Purnell recommends using a money tracking app.“There are so many free money trackers out there, from Mint to Yolt, that can be easily installed as an app on your phone to track your income and outgoings,” she said. “Download a money tracker and get into the habit of checking your outgoings on a daily basis so that you always have a good idea of how much you can afford.You might even have a money tracker right there in your checking account!“Many banks offer this to customers in their online or mobile banking, said Longo. “If your bank does not offer it and you do not want to switch banks than look into a free alternative by searching online for personal financial management.5. Set up bank notifications.Sometimes, folks will knowingly overdraw their account because they feel that they have no other choice but accept the fee. But many others simply don’t keep track of their checking account balance and incur overdraft fees on accident!A great way to avoid the latter is to set up notifications on that checking account that will alert you when your balance is getting low.“Utilize your bank’s real-time notification system in your online/mobile banking,” advised Longo. “Setup notifications to be sent to your smartphone or email when your checking account balance falls below a set balance (i.e $25).“This will give you a friendly warning when your funds might be a little too close for comfort and poten tially stop you from accidentally ‘overspending’.”6. Use multiple bank accounts.If you’re like a lot of people, then you probably only have one checking account that you use for everything. But have you ever considered using multiple checking accounts for different expenses? Doing so could be the key to avoiding overdrafts.“For larger monthly bills, like your rent and electric, set up a separate bank account and regularly add money to it. Enough to cover those bills, on time, every month” said Walker. The key is to only pay your larger bills from that account, like your utilities and mortgage.“By keeping a separate account from your everyday spending, you arent dwindling down your balance with daily expenses. The money for those large bills is safe and ready when needed. The average household should have less than 10 payments going out of that account per month, making the math easy.”In a similar fashion, Walker also recommended purchasing gift cards to use on your w eekly in place of a debit card.“Gift cards have a hard limit that cannot be exceeded and you cannot incur overdrafts on them,” he said. “You can get gift cards for gas, groceries, restaurants and more. They even have them for most major cell phone providers.”7. Don’t opt-in. (And if you have, then opt-out.)In the end, there is only one way to avoid overdraft fees altogether … and even that option won’t work in certain circumstances!If you are already at a bank that you are comfortable with visiting a branch and discussing “opting-out” of overdraft privileges on your checking account’s debit card. This will make it so your debit card will simply be declined if at the point of sale and there are not enough funds available,” said Longo.But even opting out won’t work all the time.One thing many people do not understand is that even if you do not opt-in for overdraft, you can still get an overdraft fee,” said Adam Rust, Director of the consumer rights non-profit  WiseWage.org (@WiseWage).“The bank only allows you to opt-out of transactions where they can verify good funds prior to approval. If you write a check, they will charge you an overdraft fee and pay the bill or decline to pay and charge an insufficient funds fee.”And make sure you keep track of your automatic bill and subscriptions!“Important reminder that your account can still be overdrawn in this scenario if you have recurring bills setups such as Netflix or a gym membership as opting out cannot prevent these preauthorized charges from coming through” warned Longo.Overdraft fees vs. bad credit loans.Bad credit loans are way more expensive than regular  personal loans. And while the rates for some bad credit  installment loans can be fairly reasonable, the annual rates for  no credit check loans and short-term bad credit loans like payday loans, title loans, and cash advances  can be beyond ridiculous.Even so, when compared to overdraft fees, the cost of those no credit c heck loans can seem downright reasonable.According to a 2014 Consumer Financial Protection Bureau study on overdraft fees, the average overdraft transaction was $24, the median overdraft fee was $34, and most of those fees were paid back within three days.To compare: If someone borrowed paid $34 to borrow $24 over three days with a no credit check loan, that would add up to an APR of 17,000 percent!While bad credit loans pale in comparison to the overdraft alternatives listed above, you might actually be better off using a bad credit installment loan to cover an unexpected bill or financial shortfall than you would be using overdraft fees.If youre living paycheck to paycheck, there simply isn’t a way to completely escape overdraft fees. Thats why your best solution is to stop living one pay period at a time. And that means building a budget and increasing your savings. To learn more about how you can take control of your  financial future, check out these other posts and articles from OppLoans:How to Raise Your Credit Score by 100 PointsSave More Money with These 40 Expert Tips10 Good Money Habits to Make Your Friends JealousFrom Budget to Baller: 6 Tips to Grow Your MoneyDo you have a   personal finance question youd like us to answer? Let us know! You can find us  on  Facebook  and  Twitter.  |  InstagramContributorsRiley Adams (@TheRiles89) is a licensed CPA in the state of Louisiana working as a Senior Financial Analyst for a Fortune 500 company in New Orleans. He has a personal finance blog dedicated to helping young professionals find financial independence at YoungAndTheInvested.com.Pete Longo is the Vice President of Digital Banking at  Axiom Bank, N.A. (@axiombank), a Maitland-based, leading community bank. He has more than a decade of experience in banking, business development and financial software vendor management. Pete graduated with a degree in business management and an MBA from Stetson University.Yaz Purnell  (@thewalletmoth) is the founder of  The Wallet Moth, a personal finance blog that focuses on sustainable changes anyone can make to create your dream lifestyle.Adam  Rust  is the Director of Research at Reinvestment Partners   (@ReinvestPartner) and the Director of WiseWage.org (@WiseWage). He advocates for an  inclusive financial system. WiseWage has enabled thousands of workers to manage their finances with safe and affordable accounts overdraft-fee-free accounts. At Reinvestment Partners, he has pursued campaigns related to payday lending, basic bank accounts, overdraft fees, high-cost credit insurance, and home mortgage lending. He is an Interim Board Member of the US Faster Payments Council.Shane Walker is  the executive VP CMO at ProActive FinTech LLC. He  gives people better control of their finances by digitizing the successful concept of the envelope system for budgeting. At ProActive Budget, theyve  combined the modern convenience of a debit card with the proven budgeting system of using envelopes.  It works because it requires a person to consult their budget before they spend. It changes the behavior of spending money.

Direct effect of European Community regulations - Free Essay Example

Sample details Pages: 9 Words: 2571 Downloads: 6 Date added: 2017/06/26 Category Law Essay Type Argumentative essay Topics: Community Essay Did you like this example? 1) The matter at issue include: (a) direct effect of European Community (EC) regulations; (b) direct effect of EC directives; and (b) the principle of state liability. (a) Direct Effect of Regulations Article 249 of the Treaty Establishing the European Community (TEC) state: à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã‚ ¦a regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member Statesà ¢Ã¢â€š ¬Ã¢â€ž ¢. Don’t waste time! Our writers will create an original "Direct effect of European Community regulations" essay for you Create order Thus, a regulation does not have to be implemented by Member States through national legislation for it to be applicable in those states. However, citizens of Member States would be able to directly enforce a regulation in national courts if it satisfies certain conditions, namely, it must be sufficiently precise and unconditional, leaving no room for discretion in implementation[1]. It has been established that citizens of Member States may bring an action against a state or an emanation of a state[2] in national court if that public authority is in breach of such a regulation[3]. This is known as vertical direct effect. Additionally, citizens could bring an action against private individuals in national courts for breach of a regulation[4]. This is known a horizontal direct effect. Considering the facts of the case it seems that the (imaginary) Regulation is directly applicable in the UK courts because it is a Community regulation. Furthermore, it is directly effective in the UK courts because the implementation of the amount of damages recoverable by occupiers of commercial premises who have been physically injured due to mercury contamination of their land does not depend on any conditions; and the rules for determining the amount of damages are sufficiently precise because it would be based on the rules that govern other personal injury claims in the UK. Thus, Martin could bring an action against his local authority. However, such an action is unlikely to succeed because there does not seem to be any breach of the Regulation by any local authority. But Martin could bring an action against Acme Chemicals. Since Martin suffered physically injury from mercury poisoning as a result of mercury leaking from the land of Acme Chemical, there seems to be a breach of the Regulation and thus he would be quite likely to succeed if he brought the action. Thus, it is submitted that Martin would not be likely to succeed if he brings an action against his local a uthority but he would be likely to succeed if he brings an action against Acme Chemicals Ltd. (b) Vertical Direct Effect of Directives Article 249 of the TEC state that directives are à ¢Ã¢â€š ¬Ã…“bindingà ¢Ã¢â€š ¬Ã‚ ¦upon each member state to which it is addressed, but shall leave to the national authorities the choice of form and methods.à ¢Ã¢â€š ¬Ã‚  The fact that directives are not described as directly applicable does not mean that are incapable of such effects and it has been held that directives could be capable of direct effect[5]. A directive would be directly applicable if it satisfies the criteria for direct effect: it must be sufficiently precise and unconditional, leaving no room for discretion in implementation[6]. As long as a directive limits the discretionary powers conferred on member states, it would be deemed to be sufficiently clear[7]. And the obligations imposed by that directive would become unconditional, i.e., absolute, once the time limit for i ts implementation has expired[8]. Thus, if a directive is directly effective then a citizen could bring an action against a public authority for breach of its Community obligations[9]. Moreover, it has been established that an individual cannot enforce a directive against an individual (corporate or otherwise) in the national courts because directive do not have horizontal direct effect.[10] Considering the facts of the case it seems that Martin would be able to enforce the imaginary Directive in the UK courts because it limits the power of the UK by postulating a stipulated amount of damages and by providing strict liability against those who cause injuries due to mercury leaking from their land; and because the Directive had not been implemented by 25 March 2006. Thus, it is submitted that Martin is could bring an action against a public authority for breach of its obligations under the imaginary Directive. However, Martin would be unlikely to succeed because there does not seem to be a breach of any obligation under the Directive by any public authority. Moreover, Martin would not be able to bring an action against Acme Chemicals Ltd because it is a private entity. (b) State Liability The ECJ has established that where a state failed to implement an EC directive it would be obliged to compensate individuals for damages suffered as a result of its failure to implement the directive if: (i) the directive involved conferred rights on individuals; (ii) there was a sufficiently serious breach; and (iii) there was a casual link between the Stateà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to implement the directive and the damage suffered by the persons affected[11]. The à ¢Ã¢â€š ¬Ã‹Å"decisive testà ¢Ã¢â€š ¬Ã¢â€ž ¢ or whether a breach is sufficiently serious is whether the institution has à ¢Ã¢â€š ¬Ã‹Å"manifestly and gravely exceeded the limits of its discretionà ¢Ã¢â€š ¬Ã¢â€ž ¢[12]. The factors a courts should take into account in assessing this include: the clar ity and the precision of the rules breached, the measure of discretion left by the rule to the national or Community authorities, whether the infringement and the damage caused was intentional or voluntary, whether any error of law was excusable or inexcusable, the fact that the position taken by a community institution may have contributed towards the omission, and the adoption or retention of national measures or practices contrary to Community lawà ¢Ã¢â€š ¬Ã¢â€ž ¢[13]. The critical element in this list seems to be the clarity and the precision of the rule breached[14]. Furthermore, it seems that in the context of the transposition of directives, à ¢Ã¢â€š ¬Ã‹Å"a restrictive approach to State liability is justified to ensure that the exercise of legislative function is not hindered by the prospect of actions for damages whenever the general interest requires the institutions or Member States to adopt measures which may adversely affect individual interestsà ¢Ã¢â€š ¬Ã¢â€ž ¢[15]. However, it should be noted that the ECJà ¢Ã¢â€š ¬Ã¢â€ž ¢s approach is not consistent and in some cases a clear breach of community law would be sufficiently serious to establish state liability[16]. Considering the facts of the case it seems that Martin could bring an action against the UK for failing to implement the imaginary directive because: The directive conferred upon individuals who suffered injuries from mercury poisoning the right to bring an action in tort on strict liability theory against those persons from whose land the mercury escaped. There seems to be a sufficient serious breach because the failure of the UK government to implement the directive manifestly exceeds the limits of its discretion. The directive clearly imposes strict liability on individuals if mercury leaks from their land and injuries someone, and states a minimum level of compensation (150,000 Euro). Even though the UK law is identical to the rule in the directive, the courts may find that there was a serious breach because the UK law does not provide a minimum level of compensation. The restrictive approach of state liability may not be applicable here because the UK has not adopted any measure that could provide a minimum level of compensation for injured parties. Additionally, the courts may find the UK responsible on the ground that they had failed to implement Community legislation. However, there does not seem to be any direct causal link between Martinà ¢Ã¢â€š ¬Ã¢â€ž ¢s physical injuries and the UK Governmentà ¢Ã¢â€š ¬Ã¢â€ž ¢s failure to implement the Directive because the Directive could not have prevented Martinà ¢Ã¢â€š ¬Ã¢â€ž ¢s injuries. Nevertheless, Martin could argue that if the directive had been implemented Acme Chemicals would have been more careful about mercury leakages which could have prevented his injury. However, it is submitted that the courts would be unlikely to accept this line of reasoning. In conclusion it is submitted that it is quite unlikely that Martin would be able to succeed if he brings an action for damages against the state for failing to implement the Directive because there does not seem to be a causal link between the breach and the injury suffered by Martin. However, Martin would still be able to bring an action against Acme Chemicals under English tort law. 2) The matter at issue includes grounds for direct action for annulment. Action for Annulment The framework for direct action for annulment is set out in Article 230 of the TEC. This Article grants jurisdiction to the ECJ to review the legality of all measures taken by the institutions designed to have legal effect, whatever their form or nature[17]. Thus, a decision made by the Commission is capable of annulment under to Article 230. Furthermore, Article 230 states that a natural or legal person would only have locus standi to challenge a decision addressed to himself or herself. However, t he decision has to be challenged within two months of its publication or notification to the plaintiff. If the two month time-limit expires a claimant cannot seek to challenge a measure by the back door, either by invoking Article 241[18] or by alleging a failure to act when the institution concerned refuses to take requested action. Once the courts have decided that the claim is admissible, the case will be decided on he merits. The grounds for annulment are delineated in Article 230. These are: (i) lack of competence; (ii) infringement of an essential procedural requirement; (iii) infringement of the Treaty or any rule of law relating to its applications; and (iii) misuse of powers. A claim based on lack of competence may be brought before the ECJ if the institution responsible for adopting the measure in question did not have the legal authority to do so. A claim based on infringement of procedural requirement would arise if the binding measure was not enacted accordi ng to the correct procedure. The correct procedures may be stated in the TEC or secondary legislation. For example, Article 253 of the TEC requires that all secondary legislation must state the reasons on which it is based; and must refer to proposals and opinions which were required to be obtained. It has been established that these reasons must not be too vague or inconsistent; they must be coherent; they must mention the figures and essential facts on which they rely. These reasons must be adequate to indicate the conscientiousness of the decision; and detailed enough to be scrutinised by the court[19]. The purpose of this requirement is to enable the affected parties to defend their rights and to enable the Court to exercise its supervisory jurisdiction. An action for annulment could also arise if the measure is in breach of general principles of law approved by the ECJ (e.g. equality, proportionality), any principle common to the constitution of Member States[20], and princi ples of international treaties in the field of human rights on which Member States have collaborated[21]. Finally, a measure could be annulled for misuse of power, i.e., use of a power for purposes other those for which it was granted. But a measure will not be annulled for misuse of power if the improper use had no effect on its substance; or it the authorities acted from mixed motives, proper and improper, as long the proper purpose is dominant[22]. Considering the facts of the case, and assuming that the two month time-limit has not expired, it seems that Mediflair would be able to make a direct action for annulment because it was specifically mentioned in the decision. Thus, a claim for an action for annulment would be admissible to the Court. It seems that the Commission may not have exceeded its legal competence because the Commission has the legal authority to make decisions which affect the European market. Since working hours and employment law issues are important aspects of any economy the Decision to reduce doctorà ¢Ã¢â€š ¬Ã¢â€ž ¢s working hours would be within its legal competence. Additionally, the decision does not seem to be in breach of any rule of law because it seems to be consistent with general principles of law, and international human rights law. Finally, it does not seem to be a misuse of power because there does not seem to be any evidence of improper motives. However, the decision could be challenged on the grounds of procedural impropriety because the Commission did not provide a detailed and thorough reasoning for the decision to reduce the working hours for doctors in private companies from fifty hours to forty hours. Since the Commission did not submit any facts or figures in support of its decision, it would be considered vague; and thus make it impossible for Mediflair to defend its rights. Therefore, it is submitted that Mediflair would be able to challenge the decision and bring proceedings for annulment on the gr ounds of infringement of essential procedural requirements. In conclusion, it is submitted that Mediflair would most likely be able to bring an action for annulment of the decision to decrease the working hours of doctors in the private sector and would be very likely to succeed. Bibliography Conventions Treaty of the European Community Cases Brasserie du PÃÆ' ªcheur SA v Germany (Cases C-46 48/93) [1996] I-1029 Commission v Belgium (Case 156/77) Commission v Council (Re Europe Raod Transport Agreement) (Case 22/70) Courage Ltd v Crehan (C453/99) [2001] E.C.R. I-6297 (Westlaw) Foster and Others v. British Gas Plc (Cases 188-89). Francovich and Bonifaci v Italy (Cases C-6 9/90) [1991] ECR I-5357 Germany v Commission (Re Tariff Quotas on Wine) (Case 24/62) Internationale Handelsgesellschaft mbH (Case 11/70) J Nold KG v Commission (Case 4/73) Marshall v Southampton and South West Hampshire AHA (C271/91) [1993] ECR I-4367 (Westlaw). P ublico Ministero v Tullio Ratti (Case 148/78) ECR 1269 R v Her Majestyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Treasury, ex parte British Telecommunications plc (Cases C-392/93) R v Minister of Agriculture, Fisheries and Food, ex parte Hendley Lomas (Ireland) Ltd (Case C-5/94) Van Duyn v Home Office (Case 41/74) [1974] ECR 1337 1 Footnotes [1] See Publico Ministero v Tullio Ratti (Case 148/78) ECR 1269 para 23. [2] Emanation of a State includes a body which is under the control of the Stateà ¢Ã¢â€š ¬Ã¢â€ž ¢: reports to a minister who may give it directions as to its management and activities, has general control over its finances and may require it to pay over to him any of the bodys revenue which appears to him to be surplus to its requirements. See Foster and Others v. British Gas Plc (Cases 188-89). [3] See Marshall v Southampton and South West Hampshire AHA (C271/91) [1993] ECR I-4367 (Westlaw). [4] See Courage Ltd v Crehan (C453/99) [2001] E.C.R. I-6297 (Westlaw). [5] See Van Duyn v Home Office (Case 41/74) [1974] ECR 1337, para 12. [6] See Publico Ministero v Tullio Ratti, supra note1, para 23. [7] See Van Duyn v Home Office, supra note 5. [8] See Publico Ministero v Tullio Ratti, supra note 1 at para 43. [9] See Foster v British Gas, supra note 2. [10] See Marshall v. Southampton an d South West Hampshire AHA supra note 3. [11] See Brasserie du PÃÆ' ªcheur SA v Germany (Cases C-46 48/93) [1996] I-1029 para 50 and 51, see also Francovich and Bonifaci v Italy (Cases C-6 9/90) [1991] ECR I-5357 para 40. [12] Ibid. at para 55. [13] Ibid. at para 56. [14] See for example, R v Her Majestyà ¢Ã¢â€š ¬Ã¢â€ž ¢s Treasury, ex parte British Telecommunications plc (Cases C-392/93). [15] Ibid. at para 40. [16] See R v Minister of Agriculture, Fisheries and Food, ex parte Hendley Lomas (Ireland) Ltd (Case C-5/94). [17] Commission v Council (Re Europe Raod Transport Agreement) (Case 22/70). [18] See Commission v Belgium (Case 156/77). [19] See Germany v Commission (Re Tariff Quotas on Wine) (Case 24/62). [20] See Internationale Handelsgesellschaft mbH (Case 11/70). [21] See J Nold KG v Commission (Case 4/73). [22] See Federation CharbonniÃÆ' ¨re de Belgique v High Authority (Case 8/55).

Aldebaran, the Fiery Orange-Red Eye of a Starry Bull

Behind every star in the sky is a fascinating origin tale. Just as the Sun does, they shine by burning fuel in their cores and giving off light. And, like the Sun, many have their planets. All were born in a cloud of gas and dust millions or billions of years ago. And, eventually, all stars grow old and evolve. Thats whats happening to Aldebaran, a star that is practically a neighbor to our own star, the Sun, at 65 light-years distance. Youve probably seen Aldebaran in the constellation Taurus (which is visible to us at night from about October through March each year). Its the reddish-orange star at the top of the V-shaped face of the Bull. Observers in ancient times saw it as many things. The name Aldebaran is from the Arabic word for follower, and it does seem to follow along as the Pleiades star cluster rises higher in the sky late in the year. For the Greeks and Romans it was the eye or the heart of the bull. In India, it represented an astronomical house, and portrayed it a deitys daughter. Others around the world have associated it with the season to come, or even as an aid to the Pleiades (who, in some cultures, were seven women in the sky).   Observing Aldebaran The star itself is fairly easy to spot, particularly beginning in the evening skies of October each year. It also presents a remarkable  experience for skygazers patient enough to wait for it: an occultation. Aldebaran lies close to the ecliptic, which is the imaginary line along which the planets and Moon appear to move as seen from Earth. Occasionally, the Moon will slide between Earth and Aldebaran, essentially occulting it. The event is visible from northern hemisphere locations in the early autumn. Observers with a keen interest in watching it happen  through a telescope can see a detailed  view of the lunar surface  as the star slips slowly behind the Moon and then reappear a short time later. Why Is it in a Vee of Stars? Aldebaran looks like its part of a cluster of stars called the Hyades. This is a V-shaped moving association of stars that lies much farther away from us than Aldebaran does, at a distance of about 153 light-years. Aldebaran happens to lie in the line of sight between Earth and the cluster, so it appears to be part of the cluster. The Hyades themselves are fairly young stars, about 600 million years old. Theyre moving together through the galaxy and in a billion years or so, the stars will have evolved and grown older and scattered apart from each other. Aldebaran will have moved from its position, too, so future observers will no longer see an angry red eye at the top of a vee-shaped swarm of stars. What is Aldebarans Status? Technically speaking Aldebaran is a star that has stopped fusing hydrogen in its core (all stars do this at some point in their lives)  and is now fusing it in a shell of plasma surrounding the core. The core itself is made of helium and collapsed in on itself, sending the temperature and pressure soaring. That heats up the outer layers, causing them to swell. Aldebaran has puffed out so much that its now nearly 45 times the size of the Sun, and is now a red giant. It varies slightly in its brightness, and is slowly blowing its mass out to space. Aldebarans Future In the very distant future, Aldebaran may experience something called a helium flash in its future. This will happen if the core (which is made of helium atoms) gets so densely packed that helium starts trying to fuse to make carbon. The temperature of the core has to be at least 100,000,000 degrees before this will happen, and when it gets that hot, almost all the helium will fuse at once, in a flash. After that, Aldebaran will start to cool and shrink, losing its red giant status. The outer layers of the atmosphere will puff away, forming a glowing cloud of gas that astronomers refer to as a planetary nebula. This wont happen any time soon, but when it does, Aldebaran will, for a short time, glow even more brightly than it does now. Then, it will dim down, and fade slowly away.

Bunker Gear Fabric Free Essays

Bunker gear or turnout gear is the protective clothing used by a firefighter in fighting fires and during rescue operations. This gear is called turnouts because when not being used, they are kept standing by to be put on swiftly by ‘turning out’ the pants over the boots. It is a requirement for firefighters to be able to put on all of the gear in no time, and in this set up, all they have to do is to step into the boots and pull the pants up. We will write a custom essay sample on Bunker Gear Fabric or any similar topic only for you Order Now This solidly insulated gear is worn to shield the firefighter’s body from the extreme heat of a fire. Approximately, structural turnouts will break down at 650 °C (1200 °F). A full turnout gear may weigh more or less 30kg aside from other extra tools to be carried. It is consisted of â€Å"a coat, pants and suspenders, leather or rubber waterproof boots, a hood, a strong helmet with eye protection, gloves, a belt, and SCBA (Self Contained Breathing Apparatus)† (www. sccfd. org). Turnout pants protects the lower part of the firefighter’s body. It is made of fire-resistant materials and they are easy to put on with Velcro and snaps. Turnout pants have side pockets for tools, gloves, and other necessary equipment. In order for the firefighters to be seen at nigh, these pants also have reflective stripes on the bottom. Turnout coat’s outside liner is made of exclusive fire resistant fabrics. The coat has various liners for extra protection. One of these liners acts as a moisture barrier, it prevents outside moisture to reach the firefighter. Another part of the liner protects firefighters from the exposure to thermal heat. Pockets are also available for extra equipment such as gloves, radio, wrenches and other tools. Around its neck is a Nomex hood. Except for the face, it covers practically the entire head of the firefighter. The turnout boots are made of rubber. Aside from steel to covering, these have a steel shank in sole to protect firefighters from sharp or pointed objects. In order to be put on quickly, these boots have handles at the top. Wearing of this protective gear is a requirement for all firefighters approaching a seat of the fire or entering a hazardous area as stated in the NFPA 1971 Code or the Protective Clothing for Structural Fire Fighting. Looking back in history, firefighters’ garment was consisted of a cotton or wool shirt, heavy wool trousers, and a heavy wool tunic, which was sometimes worn over with rubber slickers. Wool was used because of its ability to protect a firefighter from heat and cold, and also because of its resistance to mild flame and water. Their gloves were the traditional leather gloves for laborers. It was only after the World War II when the standards for firefighter protective gears were issued by a number of organizations like the National Fire Protection Association or the NFPA. According to the NFPA 1971 Standard on Protective Clothing for Structural Firefighting, turnout gears must be composed of three layers: the outer layer must be made from flame-resistant fabric â€Å"that would not be destroyed through charring, separating, or melting when exposed to 500 °F for a five-minute period;† the second layer must â€Å"prevent moisture from penetrating through to the wearer;† and the third layer must â€Å"provide thermal insulation from radiant, conducted, and convective heat† (http://www. pbs. org). Firefighters’ gloves should also be resistant to heat, flame, liquids, vapor, and sharp objects. The boots should also withstand flame, puncture, heat, electrical current, and abrasion. Further advancements in firefighters’ turnout materials came up during the 80s. The 500 °F temperature resistance limit of the outer shell was raised to around 1,200 °F. The other layer also allowed the firefighters to â€Å"release moisture from inside the gear,† and the material used was a fire-resistant fabric. Being self-extinguishing, this material will not continue to burn once it is out of contact with a fire. Bunker gears are made out of synthetic fibers such as Aramid and Polybenzimidazoles (PBI). These synthetic fibers are polymers. A polymer is a substance with high molecular weight made up of a large number of smaller molecules. These molecules, called monomers, react together in hundreds, or even millions of times. The properties of the polymers are determined by the molecular shape variations that resulted from the reactions. These could be in the form of long, straight chains or branched. It is through their average molecular weight that their sizes are expressed. Polymers with higher molecular weights have the higher strength. They also usually have high melting or boiling points. Filaments made of synthetic polymer fibers have excellent strength because these fibers can be prepared with regular structures that allow the chains to pack together tightly. Another advantage of synthetic polymers is that they are stronger and much lighter than steel, making them the choice for bunker gears and bullet proof vests. Aramids are synthetic polyamides, a class of polymer for textile fibers. It has a carbon-based backbone which contains aromatic rings. Fabrics made of aramids are strong and flame resistant even at extreme temperatures because of the stability of the fiber’s aromatic structures and their conjugated amide linkages. Polyamides are manufactured through step-growth polymerization. In this process, â€Å"monomers with two reactive ends join to form dimers (two â€Å"parts† joined together), then â€Å"trimers† (three â€Å"parts†), and so on. However, since each of the newly formed oligomers (short chains containing only a few parts) also has two reactive ends, they can join together; so a dimer and a trimer would form a pentamer (five repeating â€Å"parts†)† (www. fibersource. com). The aramid fibers, on the other hand, are produced through Wet Spinning process. The fiber-forming materials are dissolved in a solvent, which is usually hydrogen sulfate (H2SO4), and spun using a spinneret. Aside from firefighting gears, aramid fabrics are also useful for friction products such as brake pads, clutch pads or seals and gaskets, because synthetic materials made from this fabric does not ignite or melt. Aramid fibers are also flexible, lightweight, resistant to organic solvents and fuels, and good insulators of electricity. Aramids are more popularly known with the names Kevlar and Nomex. The blend of these two aramids is used in manufacturing turnout gears. How to cite Bunker Gear Fabric, Papers

Pierre

Pierre-Auguste Renoir Biography Pierre Auguste  Renoir   (1841–1919) French painter, born in Limoges. One of the most important of the Impressionists, as a boy he was employed as a painter on porcelain. At Gleyre’s studio in Paris (1861) he met and became friends with *Monet and Sisley. With them he worked in the open air concentrating on the problems of sunlight and its reflection, for example, on water or human flesh. It was with the latter that Renoir showed his special skill and the exuberant delight that his painting gave him and which he always wished to impart. There is no exotic frailty about his nudes: their flesh is rosy and their limbs are muscular. For Renoir, love of painting and a love of life were inseparable. A more sophisticated gaiety is seen in La Loge, Les Parapluies and Au Thà ©atre: la Premià ¨re Sortie. He experimented briefly with pointillism but in general he was a more scholarly painter and more concerned with composition, e.g. his large paintings of Bathers in the 1880s, than many of his contemporary Impressionists. He spent most of his life between Paris and the French countryside and, though his hands were crippled with arthritis, continued to paint in his garden near Cagnes to the time of his death. He achieved a total of 6000 paintings. He was happily married.