Sentimental plot Essay

During the 19th century many writers began to publish works with sentimental plots. Generally the sentimental plot is written to make the reader feel an excess of unnecessary emotions, by overemphasizing every work. In every sentimental plot there will always be the typical sentimental hereon that fits the stereotype of a young orphan, unmarried women with moral obstacles. In this plot there are only two types of women the ones that are considered good and the ones that are bad. In the sentimental plot the good will get rewarded by marrying a decent man and the bad will always die. Even though this plot was very popular among writers many women were not happy with how the women were being portrayed among men writers so they decided to go against this plot. With women writers some would tend to go against the sentimental romance plot and instead write about actual situations that were happening around them. One example of this would be in Kate Chopin’s story â€Å"The Storm† it featured a married women falling into the seductions of a old flame. Do you remember in Assumption, Calixta? He asked in a low voice broken by passion. Oh! She remembered; for in Assumption he had kissed her and kissed and kissed her; until his senses would well nigh fail, and to save her he would resort to a desperate flight. If she was not an immaculate dove in those days, she was still inviolate; a passionate creature whose very defenselessness had made her defense, against which his honor forbade him to prevail. † Pg. 59 Author Kate Chopin was unable to publish her works because of the featured adultery with no follow up punishment, in order for her to successfully publish she would have to follow the sentimental romance plot and kill Calixta in the end to prove that the decisions she made were wrong and had consequences. Mary E. Wilkins in â€Å"The Revolt of Mother† is another example that goes against the grain of the sentimental plot it deals with a mother that confronts her husband and goes against his say so which in the 19th century was something that was frowned upon. Now father, said she you needn’t be scared. I ain’t crazy. There ain’t nothing to be upset over. But we’ve come here to live, an’ we’re goin’ to live here. We’ve got jest as good as right here as new horses mind I wa’nt fit for us to live in any longer, an I made up my mind I wa’n’t going’ to stay there. I’ve done my duty by you for forty year, an’ I’m goin’ to do it now; but I’m going to live here. † Pg. 672 After this story was published many people thought that it was based on a true story but Mary E. Wilkins explained that no New  England women would ever dare confront her husband it was all just a fantasy. Another example of the reversed sentimental plot would be in Charlotte Perkins Gilman story â€Å"The Yellow Wall-paper† It is based on a women who is said to be having nervous breakdowns and is being taken care of by her husband a physician she later comes to relies that she will no longer be trapped or hide her emotions. â€Å"I’ve got out at last. Said I, in spite of you and Jane! And I’ve pulled off most off the paper, so you can’t put me back! † pg 803. What all of these story’s have in common is that they tried to convey across the situations that the women were in and all of them one way or another expressed how the women felt trapped by the men. When it came to men writers they would always include a sentimental hereon in their stories. Henry James published â€Å"Daisy Miller† in 1978 and it dealt with a young unmarried woman somewhat considered an orphan because her parents were never around, who was seen in society as an outcast cause of the way she would conduct herself around men. Miss Daisy Miller was a flirt – a pretty American flirt. He had never, as yet, had any relations with young ladies of this category. He had known, her in Europe† pg. 427 since Daisy Miller was portrayed as an uneducated flirt Henry James followed the sentimental plot by giving Daisy a terrible case of the fever and later died. Later after the story was published Henry James stated that he believed that Daisy was innocent and that he did not kill her to state a point, it just so happened that she caught fever. So in some sort of way this story can sometimes be said that it was not your typical sentimental plot. Another male writer that followed the sentimental hereon was William Dean Howells â€Å"Editha† this was about a young unmarried woman who practically forces her boyfriend to enter the war in order to show off in front of others. â€Å"I shall always love you, and therefore I shall never marry any one else. But the man I marry must love his country first of all, and be able to say to me, I could not love thee, dear, so much, loved I not honor more. In these two story’s It seems to me as if the men writers are trying to put women down by making them seem selfish and not following the norm of obeying the men’s commands or ways of lifestyle that they want them to follow. In all of these stories we can see that there is a big difference in how men and women respond to the sentimental romance plot. The women write about there own personal experiences and the things that they see happen around them and the men write about what they want the people to read for example the good will get a great husband and get married and the bad will get punished and die.

Begining stages that lead to war of 1812

During the beginning stages of the War of 1812, Britain was fully engaged in fighting Napoleon in Europe and desperately tried to avoid a confrontation with the United States. However, Britain did little to stop it. While Britain was pre-occupied fighting Napoleon, America saw an opportunity to expand their territory and attempt to conquer British North America.Due to the poor organization of the U. S. forces and lack of military strategy, America failed to accomplish their main objective to take control of the northern territory of British North America.The other objective of the United States was to preserve the rights of neutrals and maintain the freedom of the seas and continue its trades with whom they desired. It is debatable who won the war; from a military stand point the British won the key battles however, the war ended in a stalemate with no gain for either side. In order to examine this thesis clearly, the paper approach shall be to look at the American grievances against British, offensive strategy of America, Britain defensive strategy and the failure of America to conquer Canada.Failure by America to conquer Canada is not really one of the stages in the beginning of the war, but rather to demonstrate the degree of gain and reason for that degree of gain. Beginning stages that lead to the War of 1812 There were various diplomatic policies approach was employed to regain a peaceful and harmonious coexistence between America and British. This was done through the use of various bills and Acts that would ensure peaceful coexistence between America and British. For instance, the Embargo Act of 1807, the Nonintercourse Act of March 1809, and the passed Macon's Bill No.2 ; all this legislation were a clear indication of America’s commitment for use of diplomacy to resolve policy crises with Great Britain. However, due to the ongoing British war with napoleon , Great Britain over step on the American rights and national pride that saw war as the o nly option to have British change its harmful policies that hampers various US progress and development. Many Americans viewed the war as a continuation of revolution, but from sociopolitical perspective scholars; the move was necessary to protect and strengthen the new found independence from England’s aggression .Sadly, two days after war declaration orders by the congress, the England parliament had already revisited those policies that added grievances to US by repealing the orders in council and sent a message to America. Unfortunately, the message reached when it was too late a midst initial war battles in Detroit by Gen. Hull that accounted to British delay to prevent the war. It is in this line of thought that this paper shall examine the core causes for war to be initiated and the results that leave a large quantity of debate to who won the war.America’s grievances’ against England The Americans had many built up anger and pain against Britain during th e initial steps that marked the beginning of the war. These grievances were however fueled up with economic and political reasons behind the scenes to play an active drive role into steps to ignite the battle. For instance many scholars of political science like Buel, Richard (2006), states that criticism directed to President James Madison greatly played a contributory role to start of the war.During the time, President James Madison was criticized for his failure to stand up against Britain injustices to U. S. Therefore, faced with daunting task of election in late 1812, James Madison had only two options to either negotiate with Britain or go to war to increase his popularity and prove his capabilities for leading this great nation. As a result, when diplomatic approach failed, Madison asked the congress to vote on war. Fortunately, 19 to 13 rotes in senate and 79 to 49 rotes in the house of representative; was a go ahead command on war on Great Britain on 18th June, 1812.Despite political reason on war declaration on Great Britain, the United States of America was fed up with British impressments . Great Britain reverted to a policy of boarding Americans ship to retrieve the former sailors of Britain who had deserted the Royal Navy to look for a better pay and life to United States of America. As a result of this hunt for sailors, British seized 11,000 sailors by mid 1805. The need for the impressments was on the basis of expanded Royal Navy to 175 of the line together with other 425 ships that required more professional sailors about 140,000.These sailors could not be found with land of Great Britain, therefore, they opted to press and retrieve the Royal Navy veterans and other experienced sailors from merchant shipping and privateers . In reacting to that, the United States of America felt that the Royal Navy deserters were justified to be citizens of US; of course owing to their benefits. To worsen the matter, Britons failed to honor this fundamental ri ght of the US, instead provoked law openly. They refused to recognize the naturalized US citizenship, and considered all US citizens born in Britain territory to be liable for impressments.The situation was made worse when Britain impressed Americans. Worst of all was when the British frigates were stationed on the America harbors; in fact in America’s territorial waters conducting their searches, it could not be tolerated even by a dead patriotic American . This resultant act injured the American National pride. The trade inhibition and hampering as a result of Britain blockade of the Napoleonic Europe was a major concern to US trade that could not be swept under carpet.The Britain in attempt to Block commodities to reach into the hands of French, they seized estimated 400 Americans ship that adversely affected the trade of America. The American society felt that by seizing of their merchant ships by the great Britain in their attempt to block US trade with France Empire dur ing their war; they did not only breach the international law, but also they failed to recognize Americans neutral rights in regard to the ongoing war between the Britain and France.Black, Jeremy (2006), adds that, Great Britain practiced blockade since it perceived a possible threat by the doubling rate of US state merchant marine and fear of losing the 80 percent cotton import and 50 percent overall of the US exports to other European nations. Therefore Britain felt threatened to loose commercially and growing mercantile of the US. And by these actions and policies, America felt that the Great Britain breached Neutral Nation’s Right to trade with their own chosen trade partner. The conflict built up and pressure for war increased.The British’s practice of arming the native enemies of Americans; Indians of western fueled the conflict, since they were increasingly hostile strengthened by British support . As a consequence, it was difficult for Americans to defeat the n ative enemies due to their support from Britain. Therefore to make the Great Britain change its prices, war was necessary to cause tangible pain to Britain, in order for America to gain. Other scholars usually add that desire for expansion was drive for war and conquer on Canada .However this argument is not clear and lacks empirical evidence from various supportive perspectives and position. However the outstanding issue is the fact that Great Britain leadership failed to stop the war. In the sense that, despite massive protest and demonstrations by the Americans craving for â€Å"free trade sand sailor’s rights†, the Britons could not read these building up pressure for freedom and respect for Americans rights. Instead, they intensified from high seas crime to American shows, extending it inland to arming of the Indians.This action and deafness of the Britain officials, justify the American â€Å"war hawks† statement that Great Britain crimes were not only con fined to the high seas, but also injurious to national pride of the United States of America . Therefore, war was inevitable in an attempt to reclaim this past glory. The follow up events saw war declaration on British on 18th June 1812 when Great Britain was concentrating on Europe Napoleonic war . This led to the invasion of Canada. American goal to maintain offensive strategiesAfter the war declaration on British passed by smallest margin recorded on war vote in US congress, it consequently lead to US invasion of Canada. Despite the invasion and desire to conquer Canada, the war strategy employed was offensive . This is in the light that British Royal Navy was powerful in the worlds at that present time, and no way could inexperienced and untrained fighters would outwit them. Secondly the US focus was to conquer Canada basing on land battles for lower and Upper Canada that most of its inhabitants were post war immigrants or exile from US.Natives were not for interest of the US, j ustifying their hostility to the US unions. The third aspect was the focus by US on building ships that would fight the British in great lakes. In all of these thee aspects upon US invasion of Canada, there is no single strategy that focus on the organization of the fight due to lack of professionalism in the US militia. Instead, all these tree focus point were directed on breaking the power of native enemies and conquering the British North America, while failing to take into account the power of the British military component would help them to organize their army to fight well.Furthermore, the Royal Navy was too powerful for American navy which was in a better shape anyway due to ingredient of experienced and competent sailors. Therefore, the battle in Atlantic did not materialize to see the light of the day. In return, the American marine campaign and efforts were diverted to disrupting merchant trade in sea. Fortunately, this campaign yielded many victories to the US, but it wa s of no impact to barricade Great Britain trade and provide away through to their controlling the Great Lake . British goal to maintain a defensive strategyThe British military power that was present in Canada was well trained to defend the interests of the Great Britain. But the outstanding challenge was the large numbers of the American army that outnumbered them. Empirically, statistics reveals that British regular troops present in Canada at the beginning of the war were in 6,034 soldiers, against 13,000 American soldiers which were increased to 35,000 men with authorization by the congress. Lieutenant General Sir. George Prevost was the commander in chief of the Northern America for England was instructed to employ defensive strategy of the war against Americans.Since, it was clear that war with America was of no preference to Napoleonic war . In addition to number deficiency to justify British engage in defensive strategy, British armies were all committed to the fighting Napo leon and peninsular as it was a priority to British than Northern America. While the Royal Navy was involved in the Europe sea blockade, the options were to protect the marine communication between Canada and Britain to facilitate supplies and weaken the American battle strengths by blockading American ports to disrupt trade and divert the attentions of war.As a result, American East Coast was under blockade leaving only a section of New England since they were against the war and declined to offer help to reinforce America in the war. These temporary measures were necessary to guarantee reinforcement to the small British army in the Canada. The measure of blockading the America ports produced negative tangible impact to the US , since the exports dropped sharply, coastal trade became dangerous, ships were stack on the ports without business, port towns affected and agriculturalists of West and the South felt the pitch.It is a point of worthy to mention that Canada’s defensiv e strategies were directed towards strategic and core areas to sustainability of British control in Canada, unlike the US forces that were scattered. Most important and key areas were; Montreal vital for facilitating supply to Upper Canada with resources; Quebec City enabled and linked provisions from England up the St. Lawrence River to the areas of the west; and upper Canada.Despite successful defensive strategy in conjunction with the port blockade, geographical limitation to the British soldiers . America failed to conquer Canada Despite presence of indicators of necessity of using war against Great Britain, America was never prepared for war . President Madison undervalued the military task force needed to seize Canada, whereby at the start he sent regular army of about 13,000 men who were severely defeated. As a consequence, the American congress authorized an additional army to expand the military power to 35, 000 men.The dark side of these increased numbers was that, they we re unprofessional volunteers, who were poorly paid with low motivation to fight outside their home state. This resulted to inefficiency in the military needed to conquer Canada. Defective military strategies were evident as Americans scattered their forces in multi-pronged attacks that bore no fruits. In sum total, the Americans inadequate preparation in naval, military and financial domains generated incompetent troops without proper financial for the war.The United States of America experienced difficulties in financing its war; since New England withdrew its support for funds and military units, worse of that was the fact America had disbanded its national bank. The only help for funds could have been from private bankers from the Northeast, but northeast private bankers were greatly opposed to the war and could not offer a helping hand for the war . The organization of the military base received a blow due to uncooperative and quarrelsome commanders who were struggling for power and control over military forces.While militia called to reinforce the army it defined itself as a defensive force for war of obstruction rather than conquest. Evidently, all early attempts to invade Canada did not bore any fruits due to those shortcomings on US military and state failure. For instance, General Hull’s attempted attack geared to conquer Canada from Detroit four days after war declaration, backed off due to fear of the native militias. As a result, the Canadian commanding officer Gen. Brock capitalized on this fear to fully advantage. And lead to significant losses in the military battles.By April 1814 after napoleon surrender, Britain transferred its military mighty to reinforce Canada in a major landing operation. The initial operations were made in Chesapeake Bay and Maine which were a success. This totally paralyzed American efforts to conquer Canada. This ignited further military actions for against America in Maryland, Washington, D. C. , Bladensburg and the burning of white house in the year 25th of august in 1814. But, British move to attack and capture Baltimore was put off by now better shaped American armies. Conclusion` The paper has discussed exclusively the early stages and causes the Americans to engage in a military way to regain its control over their land and sovereignty. In attempt bring out the argument the paper has looked at the America’s grievances’ against great Britain, American goal to maintain offensive strategies, British goal to maintain a defensive strategy and main attributes why America failed to conquer Canada and never gained what it went to war for, apart from victory by General Andrew Jackson in the battle of New Orleans over British army.It was necessarily important that Americans were never defeated by the Britons. While on the other hand, the Britons were not defeated by Americans in their quest to conquer Canada. In other words, neither of the side lost or gained apart from slight tak eover by the America of Carleton Island to be part of New York. The resultant situation of Ghent peace treaty signed on 24th December, 1814, brought back the respect and honor to the American society to maintain its status quo.While at the same time, facilitating policy changes by the British in favor of America. Additionally, the US learned not to rely too heavily on a militia, but rather have an effective, competent and a more organized army. Although Americans tried to battle with their enemy, they had more than enough reasons to fear the British, whereas Canadians had sufficient evidence to fear the Americans. Bibliography Black, Jeremy. America as a Military Power 1775-1865: Westport: Greenwood Publishing Group, 2002Black, Jeremy. Britain as a Military Power: London, UK: Routledge, 1998. Buel, Richard. America on the Brink; How the Political Struggle over the War of 1812 Almost Destroyed the Young Republic: Gordonsville: Palgrave Macmillan, 2006. Langguth, A. J. Union 1812; New York: Simon & Schuster, 2006. Stuart, Reginald. United States Expansionism and British North America 1775-1871. Chapel Hill: University of North Carolina Press, 1998.

Database Management Systems Lab Report Example | Topics and Well Written Essays - 2000 words

Database Management Systems - Lab Report Example All the users of the system must be satisfied. It is, therefore, important that the underlying database, which is the core data source and storage, meet all the needs. This project aims to implement a possible underlying database for a General Practice. A General Practice is a people centered environment, thus details of people is important for any form of operations to be undertaken. Patients trickle in and are admitted while doctors treat patients and prescribe medicines. Patients can also be referred to other health institutions it sent to the laboratory for medical tests. All these activities have to be recorded somewhere, and in such a way that the records reflect on these important activities. Additionally, doctors and other health workers need this data to perform even basic tasks such as appointment and referrals. Diagnosis can also be made with the aid of a repository of possible diseases, which the doctor can use to decide on the next course of action. This system will use a database known as GP for General Practice. We begin by identifying the main entities of the system. These are the the most obvious entities that will reflect on the database in its first normal. More entities can be derived from these so as to enable a normalized database when translating it to its physical schema. For this project, we used MySQL Workbench Community Edition for the modeling as well as the physical design. The UML diagrams and SQL code in this report have been directly extracted from MySQL Workbench CE. Connection to the database was through the WampServer, which additionally holds the final database. The tables are written in Standard Query Language (SQL). Therefore, any code in this paper will be in this language. The patient is a nonfunctional entity within this system, but it the most important data source since all operations are

QS-9000 Research Paper Example | Topics and Well Written Essays - 2500 words

QS-9000 - Research Paper Example The current trends in the supply chain management have shifted from the traditional enterprise boundaries to incorporate different companies in the supply network. Indeed, the three biggest automotive makers in the world, the General Motors, the Chrysler and the Ford came together to develop a supply network that would ensure customer satisfaction and process control in the automobile industry referred to as the QS-9000. This paper looks at the provisions of the QS-9000 and the benefits of automobile suppliers adopting the standards. In order to answer find out this, this paper will look at the history and the development of the QS 9000. It will look at the steps required for an organization to be certified as QS 9000 compliant. The various requirements of the organizations under QS 9000 will be discussed in detail while finally the paper will look at the benefits of organizations that are compliant with the standards. According to Hoyle (1996), quality system requirements 9000 (QS 9 000) refers to an international quality management system standards for the automotive industry. They were originally developed by and meant for the â€Å"Big Three† automobile giant companies in the American motor world which are  Daimler Chrysler Corporation, Ford Motor Company, and General Motors Corporation. The QS 9000 was in line with the 1994 ISO-9001 Standards whixch embraced customer satisfaction and process control. According to the QS 9000, all suppliers in the automotive world are required to be quality sensitive and adhere to high quality production materials, quality production of motor spare parts, heat treatment and professionalism, in plating and painting of the automobiles (Chrysler Corporation, et al., 2009). The QS 9000 is divided into three sections that include all the twenty ISO 9001 elements, including a number of automotive requirements. Secondly, the systems requirements, which are defined by the â€Å"Big Three† automobile companies, meant for their own use referred to as â€Å"Additional requirements† and lastly, the customer specific requirements r-that which are unique to every individual manufacturer of cars or trucks (Kanholm, 1995). Kanholm, (1995) outlines a number of activities that are carried out by the QS 9000 include Quality Systems Assessment which is involved in making sure that products are safe and efficiently serves the purpose for which they were intended. Advanced Product Quality Planning and Control Plan is referred to as a framework that involves procedures and techniques that are used to develop goods and products in a particular industry, especially in the automotive industry. It is the process for development of system products for General Motors, Chrysler and Ford and including their suppliers (Kanholm, 1995). Production Part Approval Process is used for establishing confidence in component suppliers and the process they follow in production by making sure that the supplier properly und erstands all specification requirements and customer design records. It ensures that the process possesses the capability to make production that meets the requirements by the customers (Borror, 2009). Potential Failure Mode and Effects Analysis on its part involve reviewing any possible components, assemblies and subsystems to identify failure modes, their causes and effects. Measurement Systems

Low-Carbohydrate Diets Essay Example | Topics and Well Written Essays - 250 words

Low-Carbohydrate Diets - Essay Example o consult a doctor first before considering a low-carb diet because, although there are testimonials of being effective in weight loss, as reported, low carb diets posed negative side effects such as ketosis, a metabolic disorder that may cause the body to higher secretion of sodium and water loss due to increase level of ketones caused by deficiency of carbohydrate in the body. At this stage, a dieter may feel sluggish and tired and may experience low levels of energy, due to deficient level of carbohydrate, since carbohydrate is the major source of energy in the human body (paras.4,5). Furthermore, with low-level of carbohydrate in human body, protein will be burned to produce energy as a replacement for the function of carbohydrates. That’s why some low-carb diets menu include high-protein diets. Yet, the main function of protein in human body is for growth and repair, such as making new cells and repairing damaged cells. So, burning protein for energy source will set aside the other function of protein in human body, therefore losing its main function. An article in the internet source reminds us that using carbohydrate to provide energy for the body allows protein to be saved for its main function. It asserted that the protein sparing effect of carbohydrates â€Å"conserves protein for muscle tissues† (DeVault, 2011). If the protein will perform the supposedly function of carbohydrate of supplying energy to the body, it seems that high-protein diet as supplement for low-carb diet is suitable. . But that is not sensible because according to some research, abundance of protein in human body system may lead to several health problems such as heart disease and cancer. So, excess proteins must undergo deamination, primarily by the liver, a body process that will removed amino groups form the excess proteins and converting it into usable resources such as hydrogen and carbon. This process may tend to occur during physical bodily exercise (Sumayao, 2011,

Yemen problems Essay Example | Topics and Well Written Essays - 1250 words

Yemen problems - Essay Example The modern process of desalination aims at developing cost effective ways of water provision to the people along the coast. It is viewed as a rainfall independent source of water. The vapor – compression desalination process refers to the process used to distill water. This distillation process involves the evaporation of saline or sea water by the application of heat obtained from compressed vapor. The compression of vapor to be used in the desalination process links them together. Compression of vapor increases both temperature and pressure of the vapor. The latent heat generated at this stage can be used to generate more power and additional vapor. There are two methods that can apply the effect of compressed water. The first one, thermo compression, utilizes an ejector system, motivated by the steam found at the monomeric pressure obtained from an external source. This aims at recycling vapor from the desalination process. The second method involves compressing the water v apor with the use of a mechanical device. The mechanical vapor compression, MVC, in which the evaporation effect takes place at the manometer, is used to recycle water (Wang et al., 2008). The compression turbine facilitates the mechanical compression. The generated vapor gets directed back towards the heat exchanger condenser to turn the vapor into water. In the process, the resultant fresh water is transferred to a storage area while the heat removed in the condensation process gets transmitted back in the remaining feedback. The vapor compression units are applied in the desalination processes. Fig1. Desalination process As indicated in fig. 1 above, heat is introduced at the top of the loop by the cooling device. The heat vaporizes the liquid refrigerant found in the evaporation plate. The vapor is carried through to the compressor to sanction tube. Energy is supplied in order to warm vapor to obtain hot vapor with high pressure to be passed to the condenser. The boiling high-pr essure vapor discharges heat to the air stream on the other side of the condenser fins as it cools and condenses into warm liquid. The Warm liquid is then pumped from the bottommost of the condenser through an expansion device where temperature and pressure drop meaningfully, forming the refrigeration effect. The cycle completes as the cold fluid passes to the cold plate. Hui (2007) highlights that following advantages and disadvantages of Vapor Compression Merits  · trouble free, low maintenance compressor and cheap Low noise vibration Driven by live steam Ability to turn salty water into clean pure water  · Low mass flow rate  · high Vapor compression operations,  · Low cold plate temperature and the capability to transport heat away from the source. Demerits Require high steam pressure Relatively high quantity of hot processes water derived Dumping the unexploited salt solution back into the ocean makes the process difficult. The potential to destroy ocean life Energy req uirement for starting up power desalination plants is an enormous expense, and burning fossil fuels appear like choosing an environmental crisis. If regions located away from the coastline or in a high altitude make an effort to use desalinated water, it proves to be an even more costly process. High altitudes and distant distances require abundant resources to transport the water from the salt water body. It is an expensive venture Charitable organizations Several groups have come forward to help alleviate the water crisis in Yemen. The first group is the Islamic Relief, USA. It has been working towards a better future. The group has set up water supply systems in many parts including Sarohindi village. The project ensures that people get clean water for themselves and their animals.

Horizon ElectroniX is a start-up business located along Cardiff Bay Coursework

Horizon ElectroniX is a start-up business located along Cardiff Bay - Coursework Example It will also carry mobile phones and tablets. The Marketing strategies will focus on people who prefer higher-end electronic pieces. This particular market is perceived to put great importance in their entertainment equipment and is open to spending and investing in these items for greater value and long-term use. They prefer quality versus price, yet they will demand for value-for-money qualities. Horizon ElectroniX is a business under sole proprietorship. The owner shall also perform the duties of a Chief Executive Officer, working with department managers and their staff. He will employ personnel who will be trained to perform their assigned duties, and create a corporate environment where there is ownership and pride in the business. The main business strategy is to form solid partnerships with distributors and manufacturers to be able to implement promotions and marketing activities that are beneficial to both parties. The Purchasing, Inventory and Marketing Departments hold key responsibilities in ensuring the success of the company. Further, after sales or customer service is given as much regard as sales. Management sees that they key to keep the clients coming back is to have a highly skilled, knowledgeable and reliable after sales team to assist the customers in their requirements. Horizon ElectroniX is envisioned to be the market leader in computer, electronics and gadgets within Cardiff, UK. By focusing on its strengths, its customers and the underlying values that they need, the company will establish market presence and reach gross sales to ?5M for the first three years of operations, while also improving on gross margins on sales and cash management and working capital. II. INTRODUCTION – HISTORY AND BACKGROUND Horizon ElectroniX was created on the assumption that information technology is not an inherently a do-it-yourself prospect. Each gadget or electronic piece comes with a manual, whose contents are often not friendly to those not tec h-savvy. Often times, new owners need the help or guide of an expert who will walk him through each function and characteristic, to enable them to enjoy and maximize each unit’s use. Clients who are not exactly computer hobbyists need to find quality vendors of reliable hardware, software, service, and support. They see these trusted vendors as allies, whose professional expertise are even worth more than the gadget itself. The owners and management wishes to position Horizon ElectroniX as such a vendor. It aims to serve its clients as a trusted ally, to provide them with the loyalty of a business partner and the economics of an outside vendor. Management wants to make sure clients have what they need for their personal consumption, and also to run their businesses, with maximum efficiency and reliability. Many of the company’s information applications are mission critical, so the management endeavors to give the clients an assurance that our after sales teams are alwa ys available to serve them. The company’s keys to success are as follows: 1. Offering after sales and service support with applicable charges. This puts premium into the company brand as a retailer. 2. Its strong inventory management policies. Horizon Electro

How To Recruit And Train New Employees Research Paper

How To Recruit And Train New Employees - Research Paper Example Certain methods of recruiting new employees are likely to be preferred HR managers as they have been extensively tested and their effectiveness has been verified in practice. Challenges that employers have to face when having to recruit new employees A series of issues need to be taken into consideration by employers when they have to recruit new employees. Training of new employees Why training is necessary in modern organizations The necessity of training within modern organizations can be justified by referring especially to the following fact: new employees cannot respond to their duties unless they are given clear explanations on the vision and values of the organization but also on the demands of their position. Training methods used in firms worldwide in regard to new employees HR managers are able to choose among a series of training methods appropriate for new employees; the training methods chosen for new employees depend on the organizational environment, the demands of each role but also on the capabilities of the participants/ new employees. Challenges related to the training of new employees Training is not equally effective among new employees, even when referring to new employees hired in the same department. A series of factors can influence the performance of new employees in regard to a particular training method. Conclusions and Recommendations The recruitment and training of new employees are affected by various conditions in the internal and external organizational environment. HR managers have the responsibility to ensure that the recruitment and training of new employees are carefully planned so that risks are minimized and the needs of the organization involved are covered. 1. Introduction The achievement of organizational goals is highly depended on the ability of leaders to support employees within all organizational departments. However, during the development of organizational activities the need for increasing the staff of the organization is expected to appear. In this context, recruiting new employees becomes unavoidable for HR managers in all organizations. Today, the recruitment of new employees is considered as a key organizational sector, helping to address emergent organizational needs or to develop complex organizational tasks. In order for new employees to respond to the needs of their role they have to be adequately supported; appropriately customized training programs are available to new employees in organizations worldwide. The methods used by HR managers in regard to the recruitment and training of new employees are analysed in this paper. Reference is also made to the challenges that HR managers are likely to face when developing such projects. The value of these initiatives is also explaining aiming to justify the reasons for which these projects are highly promoted within organizations in all industries. The review of the literature published in the specific field reveals that leaders in modern organization are aware of the value of new employees for securing orga nizational performance; however, often, the methods chosen for incorporating new employees within the organization are not appropriate, either because of the strong resistance within the

Role Of Gender In American Political History Essay

Role Of Gender In American Political History - Essay Example Though the differences among the author’s arguments are more, the similarities make a strong impact on the role of gender. The American political history dates back to the Second World War after which only the men were provided with the basic rights and liberties. The discrimination of men and women played a vital role in denying the rights of a woman. The women were deprived of their basic rights and this, in turn, paved the way for further discrimination. Each argument is explained in such a way that it clearly exhibits the real feelings of the author. The authors have depicted the incidents to show the severity of problems during the Revolution. Political problems were prevalent in most of the countries and gender problems were common. But the situation was completely different in America. As America was considered as a democratic country, the problems and issues were not magnified to a certain extent. But the situation did not last for a long time; instead, the problems be came more severe. Banner explained the arguments of Elizabeth Lady Stanton and insisted on her arguments. Stanton expressed her views on American ideologies and insisted that women must be a part of American government. Since the American government did not permit. Women’s suffrage was also considered to be an important part and people like Stanton and other activists established few organizations that helped women. Banner insisted that women’s issues must be resolved and they must be included in the process of selecting a government. As men were given more importance when compared to women, the voluntary organizations fought against the government to incorporate laws that would enable women to be a part of the government. The National Women’s Suffrage Association (NWSA) was one of the most prominent associations that insisted on women empowerment. Due to the establishment of such voluntary organizations, there was a substantial increase in the number for organizations which wor ked for the well being of women. Banner’s approach towards women empowerment and inclusion of women in the government received critical acclaims. Though many people opposed it in the beginning, the detailed description about the problems and the governmental issues was considered as an eye opener. Due to this reason, Banner was considered as one of the most prominent writers who insisted on women’s rights. The time period pre revolution and post revolution was in contrast to one another. The political opportunities widened during the early 20th century and this was the

The Madding Crowd Essay Example for Free

The Madding Crowd Essay One of the great strengths of ‘Far From The Madding Crowd’ is Hardy’s contrasting portrayals of Gabriel Oak and Sergeant Frank Troy. Discuss this observation on the novel’ Perhaps the greatest strength of Hardy’s novels is the excellent portrayals of his main characters. There are, however, many other strengths in ‘Far From the Madding Crowd’. For example, there are many descriptions of scenery that punctuate the action in the novel. These show Hardy’s skill as a writer by painting the scene so clearly in the reader’s mind that the characters can really flourish against their backdrop. The themes of love, persistence and nature permeate the novel and give it depth, even when the plot slows down. The greatest strength, then, is likely to fall to the characters who drive both the plot and the action. Two of these characters, Oak and Troy, fall in love with Bathsheba Everdene and soon find themselves competing for her hand in marriage. The portrayal of the differences between the characters is clearly an example of Hardy’s strongest work in the novel. Gabriel Oak is a simple man who is very clear on who he is. Whilst Oak is shy, he is also honest and always tells the truth. Oak is described by Bathsheba as ‘honest and true’ and he often tells her how he feels, ‘I love you far more than common’. He doesn’t have the words and the education to express himself properly to Bathsheba, but he is steadfast, keeping to his bottom line, making Bathsheba happy. Oak is unlucky in love and in life. He fails time and time again to get Bathsheba to marry him, and when he loses his livelihood she is his first, unselfish thought: ‘â€Å"thank God I’m not married: what would she have done in the poverty now coming upon me! †Ã¢â‚¬â„¢ This shows that Oak puts other people first and is optimistic. He does not focus on the loss of his money and his farm, but on the good fortune that Bathsheba had not married him. It takes a strong personality to think in this way. Oak is described as a â€Å"young man of sound judgment†¦and general good character† very early on in the novel. He makes his intentions clear with regard to marrying Bathsheba within a few days of meeting her, and proposes a simple life to her, which reflects his own simplicity and honesty. He says: And at home by the fire, whenever you look up there I shall be— and whenever I look up, there will be you†, asking her in simple terms to accept him and love him always for who he is. Oak is very modest: ‘I was never very clever on my inside’ but he shines underneath his dull extremities, taking charge in the fire and saving Bathsheba’s farm, and again in the storm. The author Jane Bailey says that: â€Å"Gabriel is the only character to really master the forces of nature†. I agree with her in this statement because the other characters don’t deal with the problems nature gives them as well as Gabriel. In the storm, Gabriel knows the rain is coming because of the formation of the sheep, he manages to cover the bales of hay alone, and he is able to save the farm. Boldwood doesn’t get his hay covered and he loses his harvest; Troy gets drunk in the warmth of the barn. This shows that Gabriel has control over Hardy’s main theme, nature. He is a natural leader, but he prefers to sink into the world of the rustics where he feels he fits in. Oak is a kind man, taking pity on a stranger in the night and giving her a shilling, which would have been a significant sum of money. The stranger turns out to be Fanny, and he helps her a second time in death, rubbing out ‘and child’ on her coffin, although it can be debated as to whether Oak did this out of kindness to Fanny or to Bathsheba. Oak is very self-sacrificial, giving everything to Bathsheba, and telling her: â€Å"I love you and I shall love you always†. He does not change much over the course of the novel, showing how good Hardy believed him to be in the first place. Oak is not, however, a puritan. He drinks with the rustics and criticises Troy and Boldwood, who are both his class superiors. Oak is determined and Hardy rewards him in the end with a happy marriage to Bathsheba, proving, in Hardy’s mind, that perseverance pays off. Even in Oak’s steadfast protection of Bathsheba, he is never faulted. He leaves quietly when she dismisses him and comes back to save her when she needs him. Even his first name, Gabriel, signifies his long-standing protection over Bathsheba- Gabriel is an Archangel, a protector of humans so his name is very apt. From Oak’s actions and from Hardy’s descriptions of him, we can tell that Oak is a kind hearted, ideal man who loves Bathsheba more than Troy or even Boldwood could imagine.

Challenges in Communication: Barriers to Patient Care

Challenges in Communication: Barriers to Patient Care Hina Mirza Communication has always been a fundamental need of human beings. Communication can be defined as an act of transmitting or imparting, which includes not only verbal messages, but all human behaviors (Sundeen et al., 1994). It is a vital part in mental health nursing or psychological care, because its a key to its achievement. It empowers health care provider to help clients in their anguish, to explore more essential data which can help to give better care to the patient. As literature states, interaction and care that is patient focused results in positive patient outcomes and increase chances of diagnostic accuracy (Rouf et al., 2009). There are several barriers to communication, could be from patient side or from the health care provider. On the other hand, managing patients with distinctive mental wellbeing issues is challenging, particularly when the patient is discouraged, detached or unmotivated (Sheldon, 2009). In addition to it, different clients have distinctive needs, as a health care proficient one ought to be equipped enough to evaluate those needs through different abilities, and make client competent enough to assess oneself. This paper will highlight some of the patient’s internal barriers to communicate, such as patient’s unmotivated behavior, and health care provider beliefs such as stigmatization about mentally ill patients which ultimately affect patient care and strategies to limit those barriers simultaneously. The case below is of a patient who was diagnosed with schizophrenia. It will highlight the barriers that can affect good communication: A 23 year old patient came with complain of social isolation. Further history revealed substance abuse since 4 years. While taking interview of the patient, he was drowsy and seems to be not interested in talking. During the interview, late verbal response was observed; he was not maintaining eye contact, answered 4 to 5 questions after emphasizing and consuming lots of time for replying. Moreover, the patient sometimes repeats the same sentence of the interviewer. Due to consumption of plenty of time by the patient, I was not able to take a proper history from the patient, and lots of information remained incomplete. When I reflect back to the patient’s statements and body language, I realized he was unmotivated and discourage due to his substance abuse behavior. Next day, again same behavior was observed. After asking question related to change in behavior, patient reassures that he is at guilt and stated that his family will not accept him again due to his addicted behavior. The above situation highlights many issues, one of them is, substance abuse that itself a source behind criticism for the patient and upon all that patients unmotivated or debilitate conduct. Also, the patient was not maintaing eye contact that resembles his social convictions, as numerous social beliefs may impact the correspondence styles and may affect on mental wellbeing like their way of expression, their family support and their coping mechanism. Some characteristics such as socioeconomic status, occupation, education, gender have more powerful effects on an individual which can alter the person’s behavior their way of communication (Fortinash et al., 2012). A part of the patients own cultural beliefs, the health care providers own values about the patient’s addicted behavior may hinder in patient care. As evidenced by literature that the mental health nurses values and skills shape their practice and care giving behavior (Morrissey et al., 2011). Analyzing the issue from different perspectives of patient and health care provider which leads to ineffective communication. Firstly, the patient was given late verbal responses, as well as communicating in low voice volume, as the patient was diagnosed with schizophrenia, it could be one of the reasons that altered speech and it may be due to the disease process. â€Å"Abnormalities in language are central to psychosis, particularly the schizophrenic syndrome† (Kuperberg et al., 2003). Another related symptom was echolalia which was one of the reasons of consuming more time for replying. A psychotic condition, i.e.; patients with schizophrenia, Echolalia (repeating what someone else just said) may be observed (Kuperberg et al., 2003). Taking in concern this issue, as a health care provider one needs to be competent enough for dealing these kind of patients and certain strategies should be used such as giving more time to the patient to express his feelings, using frequent pa uses, listen to the patient very carefully to make him feel about worth of explaining himself, paraphrase and summarize for the patient to reassure what patient meant to say, provide space without or with minimal distraction, use non verbal communication as interviewer expressions and body language is more communicative such as maintain eye contact other than staring. Moreover,the impact of difficulty in speech may have poor conversational skills, poor social perception and all this may hinder in socialization which could be a cause of isolation (Nacro, 2011) which was stated by the patient in the above scenario. Secondly, patient was apathetic or unmotivated due to his addicted behavior and dealing with such patient could be a challenge for nurses for motivating the client. For such patients, counseling style such as motivational interviewing (MI) was developed by Miller and Rollnick (2002). This is widely used approach for the patients with substance abuse which emphasize on explo ring and reinforcing the intrinsic behavior of the client that leads to motivation of healthy behavior (Barnett et al., 2012). If through this approach client’s motivational level increase so his communication pattern will also improve. Looking forward to the staff internal and external barriers to the communication one of the highlighting issue in this scenario was patient drug addiction which could be a foundation of stigmatization and may limit health care provide to provide efficient care. Here, theoretical framework of VCAT can be applied that choosing, prizing and acting accordingly with the prioritize responsibility of a nurse. Moreover, to gain knowledge about the specific behavior of the patient related to substance abuse and deepen the understanding could be one of the source to give empathy to the patient and change the behavior of oneself and others in society to help patients to recover instead of marginalizing the one in need. If a health care provider his/herself is affirmed in their value the better care will be provided as a result. On institutional level staff training should be provided for therapeutic communication to give quality care. The care of the nurse should be in light of Care Framework to provide holistic care to the patient. According to the scenario, making patient realize the process of self harm by using drugs, using hidden self strength to cope up with such behavior and that realization could be achieved through therapeutic communication. It will enable the patient to engage effectively in health care (Shepperd et al., 2003). To conclude, communication is the basic tool to approach effective care of the patient. Several barriers that can hinder the communication could be from the patient side that results from the disease process or patients own perception or could be a lacking of healthcare provider. Overall, a nurse should be competent enough to evaluate patients need through effective communication process limiting all barriers by using different strategy to indulge patient in his/her own care. References Barnett,E., Sussman,S., Smith,C., Rohrbach,L.A., Spruijt-Metz,D. (212). Motivational Interviewing for adolescent substance use: A review of the literature.Addictive Behaviors,37, 1325–1334. Fortinash,K.M., Holoday-Worret,P.A. (2004).Psychiatric mental health nursing. St. Louis, MO: Mosby. KUPERBERG,G.R., CAPLAN,D. (2003). LANGUAGE DYSFUNCTION IN SCHIZOPHRENIA. Morrissey,J., Callaghan,P. (2011). Communication Skills for Mental Health Nurses: An Introduction.McGraw-Hill International. Nacro. (2011).Speech, language and communication difficulties Young people in trouble with the law. Wales. Rouf,E., Chumley,H., Chumley,A. (2009). Patient-centered interviewing and student performance in a comprehensive clinical skills examination: Is there an association?Patient Education and Counseling,75, 11-15. Retrieved from www.elsevier.com/locate/pateducou Sheldon,L.K. (2009).Communication for nurses: Talking with patients. Sudbury, MA: Jones and Bartlett Publishers. SHEPPERD,C., MCALLISTER,M. (2003). CARE: A framework for responding therapeutically to the client who self-harms.Journal of Psychiatric and Mental Health Nursing,10, 442–447. Sundeen,S.J. (1998).Nurse-client interaction: Implementing the nursing process. St. Louis: Mosby. Social Networking: Current Trends And Its Future Social Networking: Current Trends And Its Future Its not a rare thing to people around the world nowadays, the social network. Social network becomes trends not only in certain country but worldwide. People in this era make the social network something that you must participate nowadays. Also, its an odd matter if you dont participating in any social network. Not only that, participating in social network are important as people can know you better and also important for communicating and keep in touch with friends and family. Many different definitions are made for social networks. According to dictionary social network is an online community of people with a common interest who use a website or other technologies to communicate with each other and share information, resources, etc. There are some that define social network as a group of individual who share a commonality. In business perspective, social network is the practice of expending the number of ones business and social contacts by making connections through individuals. As for me, social network is a centre to communicate with someone especially friends and family and know their latest activity. Therefore, there are many more definitions that people make from their different perspective. Do you know that social network start from 1997 with the first social site, SixDegrees.com? It operates from 1997 and stop operated in 2001 but has been restarted to the previous members only. In 2002, Friendster is created and a year later followed by Myspace. After that, in 2004 Facebook make it appearance and targeting college students. Then, 2 years later new social network is launched with different approach, Twitter. New social network keep coming until this days. The 21st century has made the social network more interesting and evolves. There are many social networks nowadays. There are many currents trends of social networking. Everyone knows that the Mark Luckerbergs website is the most popular social network, which is Facebook. Facebooks users are more than 900 million users. While, Twitter is one of popular social network but different than Facebook. Its allow users to create messages and post it known as Tweets. Another popular social network is Youtube. Although, its not considered as a social network but it has some social network features. Its a place that allowed you to upload your video to share with others. There also a business social network that is LinkedIn. LinkedIn allowing you to publish your CV, post your business references and search for any business contact. This social network helps many human resources in some companies to search for employees. But, it has limited function and theres a monthly user fee if you want more option. One of the social network that allowed you to take photos and shared them in Instagram. You also can apply various digital filters to a photo before post it. This application usually used by people that have smartphones. These are few examples of social network. There are many more social networks such as LinkedIn, Google+, Instagram, Pinterest, Flicker, Myspace, Foursquare and etc. Around the world, people that spent time online are increasing with the evolution of smart phones. According to Strategy Analytics, the numbers of people using handphones to online have increase four times in the last four years. Also, most time that they spend online is for social networking. Universal Mccann International Social Media Research indicates that much latest news available in internet is from Asia region and the largest community bloggers are located in China and Japan. Not only that, much new information and news can be obtained in the network. Nowadays, social network has become one of the main materials to obtain latest news and information that occur in the country or around the world. Next, social network in employees prospective has become important. They can search information about any company for search job. Also, they can learn about the company for interview or to know what the companies do. Not only that, the human resource department in some companies can obtain information about someone before they employed through social network. This will allow them to know if the person qualified to join the company. Its easy to know about someone nowadays as there are many social networks that can allowed you to know more about them. After social networking are created with different features such as Facebook, Twitter and Instagram. With this new function are created that most people like to use this days. The function is that it can be simultaneously posting across different social networking. For example, if you want to post a picture in Instagram you can also post it on Facebook or Twitter or both. This will make ones life easy that you dont have to repost it many times. As we know, social network is free and everyone allowed using it but there must be something that must be control. This is for ones safety to use the social networks. For individual, internet privacy is a must. Also, if you want to share something it is up to you but dont share something that is too private. This will be dangerous and there will be negative impact. For example, dont share your personal information such as your identity card, your credit card and etc. Also, in 2012 the European Parliament has proposed about the right to be forgotten. This was a request to removed personal data from internet and from company data base. This action is a precaution to all employers and users. In social network, we cant control what people want to comment or post. But, ones must remember that there is also some etiquette. For example, dont use poor grammar or spelling as it will lead to disastrous consequences. Using harsh words also will make you look bad and people will take action to remove you as their friends. One more thing is that dont constantly asking for followers or friends. This will make people become annoyed. Not only that, filter the content that you want to post and dont post sensitive issues. As mentioned earlier we cant control what people want to post but you must be alert not to post something that are sensitive such as religion issues. For example, there are ones someone posted about religion. She said that some religion is bad and she hates the religion that she mentioned. This kind of things shouldnt happen as we are now in 21st century. In my opinion, she only does it for fun but in reality it hurts many people and it has become big issues. Video call also one of the famous social networking such as Skype. Skype is very useful for many people. It is used to call family and friends and also can see them through video call. Not only that, there are also business people or employees that using Skype for meeting. Its easy as they can have meeting at home or where ever place that they preferred. Nowadays, there are social networkings that are increasing its popularity. WhatsApp is the application used by many smarts phones user, it can send message but through the internet. With this, many people preferred to use internet rather than phones lines. But, there are also applications that are new and its popularity keep increasing that is WeChat. WeChat allowed you to send text message as well as voice message. Although WhatsApp also has the function of sending voice message but WeChat become more popular as you dont have to type out the message. According to a survey, the time that many people spend on Facebook has decreasing compare to several years back. But, this doesnt means that time that people spend in social networking is also decreasing. Nielson Media stated that the time spent in social networking is rising over the previous years. Many will think are people abandoning social network in future? With this the best answer obtained comes from Social Media Analyst and Entrepreneur Bob Zukis. They said that peoples expectations are changing. The social network must have some purpose. At first it is fun to play around with social network without any purpose but at some point it becomes board. Also, do we really want to know what everyone is doing everyday and every time? So, it has to have some obvious purpose. This is because of the absent of this purpose the behavior will cease. At first, the social network has good purpose that is to share with friends and also to keep in touch with friends that are not meet in long time. But, in reality how many people we can keep in touch with? Therefore, we need an application that can directly recruits and times to connect with others will make it more effective. So, what should we do? That is somewhat random approach we take today. This is the idea of future social network. Also, social network will continue to be used but using which social network is not the question but what we want to accomplish is the main point.

A Price Above Rubies :: essays research papers

" I’m going to question whatever I like", " I’m going to choose whatever side I want and if God happens to be on the other side then so be it." I believe these two quotes capture the essence of the film " A Price Above Rubies". The main character, Sonia Horowitz, a Hasidic Jew, embarked on a journey in which she sought to find herself through questioning her faith and the strict Jewish life.In doing so, she paid a heavy price. This, I believe, to be the message of the film. The movie starts off with a close up of a ring being crafted, incomplete. Then we see sonia’s brother, Yossi, telling her the story of the woman who broke free of the Jewish community. The woman’s father wanted her to marry a great scholar and lead a good spiritual life. After leaving, she wanders back years later, with child. The community shuns the child, and when she dies, heaven rejects her, so she goes to hell, but the devil cannot bear to see her suffer anymore because he recognizes her as his niece, so she wanders the earth for eternity. The woman is the daughter of a demon. Sonia tells Yossi - " I love you more than anything", when Yossi asks her if she loves him more than God. Yossi tells her she is a sinner and will end up just like the woman in the story, wandering the earth for eternity, like Cain. Yossi then gives her a fake ruby, which she immediately recognizes and rejects. Perhaps the jewel symbolizes her soul, what makes her complete, and she won’t accept a fraud, something in place of the real thing, even at that young age. The film goes forward a number of years, to when Sonia and her husband Mendel have just had their first child. Mendel is the perfect example of the devout Hasidic Jew. He is a scholar, and respected by everyone in the community. The Hasidic Jews believe that wisdom, not folly, and the studying of God’s word, knowledge, is the way to happiness and to God. " Blessed is the man who finds wisdom, the man who gains understanding, for she is more profitable than silver, yields better return than gold. She is more precious than rubies. " Proverbs 3:13-15. They also believe that to fear God is the way to wisdom and understanding and a better spiritual life.

Analysis of Emily Brontes Wuthering Heights :: Wuthering Heights Essays

Analysis of Wuthering Heights  Ã‚   â€Å"Wuthering Heights is a strange, inartistic story†(Atlas, WH p. 299).   â€Å"Wuthering Heights is a strange sort of book† (Douglas, WH p.301).   â€Å"This is a strange book† (Examiner, WH p.302).   â€Å"His work [Wuthering Heights] is strangely original† (Britannia, WH p.305).   These brief quotes show that early critics of Emily Bronte’s first edition of Wuthering Heights, found the novel baffling in its meaning - they each agreed separately, that no moral existed within the story therefore it was deemed to have no real literary value.  Ã‚   The original critical reviews had very little in the way of praise for the unknown author or the novel.   The critics begrudgingly acknowledged elements of Wuthering Heights that could be considered strengths – such as, â€Å"rugged power† and â€Å"unconscious strength† (Atlas, WH p.299), â€Å"purposeless power† (Douglas, WH p.301), â€Å"evidences of considera ble power† (Examiner), â€Å"power and originality† (Britannia, WH p.305).   Strange and Powerful are two recurring critical interpretations of the novel.  Ã‚   The critics did not attempt to provide in depth analysis of the work, simply because they felt that the meaning or moral of the story was either entirely absent or seriously confused.      The authorship of Wuthering Heights was an element of much discussion by critics.   They believed the work to be the efforts of an inexperienced and unpracticed writer.   The critical reviews, in my opinion, would have expressed even harsher judgments had it been commonly known that the author was in fact a young woman.   â€Å"In Wuthering Heights, the reader is shocked, disgusted, almost sickened by details of cruelty, inhumanity, and the most diabolical hate and vengeance†¦Ã¢â‚¬ (Douglas, WH p. 302).   Had this particular critic been aware of the author’s true identity, his barely concealed dislike for the work would have had no constraint. Charlotte Bronte assumed the role of intermediary between her late sister and the perplexed and hostile readers of Wuthering Heights (Sale and Dunn, WH p. 267). Charlotte attempted to provide Emily’s readers with a more complete perspective of her sister and her works.   She selectively included biographical information and critical commentary into the revised 1850 edition of Wuthering Heights, which gave the reader a fuller appreciation of the works of Emily Bronte.   Charlotte championed the efforts of her younger sister and believed that Emily’s inexperience and unpracticed hand were her only shortcomings.   Charlotte explains much of Emily’s character to the readers through the disclosure of biographical information.

Misguided Gothic Authors :: gothic

Misguided Gothic Authors      Ã‚  Ã‚  Ã‚  Ã‚   In many ways the fascination with the gothic style of art, represented by music, literature, film, and others, is nothing more than a way for the observer to escape from real life and its many responsibilities. Gothic art claims to be profound and contain great esoteric meaning with life changing impact, yet the characters and the message are more often weak, unproductive, crippled, or even mad. Examples of this flaw in the argument in favor of the gothic imagination are given in the works by Beethoven, Goethe, Rice, and Gilman. It will be revealed that these authors have been misguided often by their own escapist nature to create a false reality and promote it as meaningful. In truth, the gothic imagination is the imagination of those who are looking for an excuse for their laziness and purpose behind their protective depression.      Ã‚   There is no question that the work of Beethoven are tremendous and phenomenal. His talent as a composer has rarely been closely met. The maturation of his compositions show a growth of important musical literature that admitted have changed the world within and without the realm of music. This fact has been a powerful tool carried by those promoting the gothic imagination for far too long. It is true that Beethoven was deaf and that he had difficult relations with his family as well as various women in his life. This gives no call for belief that he was any different than any of the other millions of people in the world that have been in the same situation. It is suggested that his great works were due to his suffering and gothic mind. It is suggested that he struggled and transcended because he was a gothic hero. The abuse of the contributions of such a remarkable musician is almost in excusable. In attempts to justify their own suffering and to give excuse for their inabil ity to operate within normal human society, the gothics will say that Beethoven was misunderstood, suffered, and died miserably, and so will they. They have given up to the world and now feel justified in doing so.      Ã‚   Beethoven was a man with a great amount of talent and influence in his world which does set him apart somewhat from others. He also had a great deal of pain in his life which sets him apart from very few others in this world.

Learning and Development

Introduction With globalization and modernization, education has become a universal right for all, atleast, at the basic level.   This has seen many students traversing from country to country in pursuit of education.   The introduction of distance learning, technologically mediated learning as well as online courses have made it possible for students from different parts of the world to share classroom. The fact that the teachers largely remain stationed in same countries and are rarely involved in the exchange programs means that teachers are continually under the pressure to instruct students from diverse cultures all with varied English proficiency.   Of significance to the teachers is the fact that despite the different proficiency levels of the students in a single classroom, the teachers are expected to effectively teach the students.   This has seen the rise of integrated classes whereby learners whose English is not their first language are integrated in the same classrooms as their native English speaking students. Teachers are faced with stumbling blocks and numerous challenges in teaching integrated students.   Of all challenges for teachers is the need to provide a free learning environment in which the students can learn without the fear of being incompetent in the English language.   The presence of fear in the students who are not proficient in the English language can reduce the ability of the learners something which can make otherwise intelligent students to perform dismally academically.   To overcome such barriers, teachers can use the following strategies.   According to (Johnson, Johnson, & Holubec, 1994) there are several research-based strategies to overcome learning barriers for emergent language learners as well as limited English proficient learners. Therefore for optimal learning to take place the following research based strategies are important for English language learning.   Use of music and jazz chant activities, use of repeat and rephrase approach, use of cooperative groups and peer coaching, use of visual learning aids such as realia, maps, pictures and the multimedia.   Finally pre-instruction activities such as semantic webbing, graphic organizers and KWL charts are all equally important for teachers who are keen on ensuring that English learning benefits all learners inspite of their English proficiency levels. According to (Johnson, Johnson, & Holubec, 1994) pre-instruction activities are important to English language learning in that they level the playing ground for students who have different English proficiency levels.   In a research carried out by (Johnson, Johnson, & Holubec, 1994) on 15 students with varied English proficiency 80% of the emergent language learners observed that they had significantly benefited from the use of pre-instruction activities such as semantic webbing, graphic organizers and KWL charts.   75% of the students with limited English proficiency recorded satisfaction from the use of pre-instruction activities while 40% of native English speaking students noted that pre-instruction activities played an important role in learning.   The study overwhelming supports the use of the pre-instruction activities as a research based English language learning strategy for integrated classes. Teaching Math can be challenging even in class whereby all students are native English speakers.   It even becomes hard to teach Math in an integrated class in which English presents a communication barrier.   In a class of 30 students whereby only half of students are English speakers with a quarter of the learners being emergent and a further quarter of the class having English proficiency of between Basic Interpersonal Communication (BIC) and Cognitive Academic Language (CALP) presents numerous challenges.   The solution to the above is the application of the research-based strategies such as pre-instruction activities.   This calls for the teacher to prepare in advance semantic webbing with Math concept for students to learn regardless of their English speaking abilities. According to (Johnson, Johnson, & Holubec, 1994) the use of semantic webbing greatly increases the ability of the students to grasp Math concepts and formulae.   Graphic organizers are also very effective in teaching some Math concepts especially on geometry and algebra topics.   Visual aids such as realia, maps, pictures and multimedia are important in teaching integrated classes.   As (Johnson, Johnson, & Holubec, 1994) notes, visual aids are important in that they increase the attention span of learners, they simplify complex and abstract concepts as well as the fact that visual aids lead to efficiency in the synthesis of complex concepts especially in Math class.   Visual aids have been particularly important and effective for introduction of new topics in integrated classes whereby students face challenges due to increased anxiety, fear and tension (Bowman, & McCormick, 2000). Use of visual aids calls for carefulness so that the visual aids are not as ambiguous and therefore become a source of obstruction.   Visual aids also are advantageous in that they can depict a lot of information at once, which is not possible while using the traditional lecture methods, and are not expensive and are easy to use (Johnson, Johnson, & Holubec, 1994). Cooperative groups as well as peer coaching are research-based strategies which involve students forming discussion groups in which they discuss hard topics and concepts during their free time or in the class with the supervision of teachers.   Cooperative groups have been found to be very effective in overcoming fear amongst learners and therefore aiding learning (Bowman & McCormick, 2000).   Cooperative groups are important when there is a shortage of staff in that teachers can oversee the learning over a big group of students. Usually students are able to understand their peers with learning difficulties than teachers and therefore they are able to assist them and overcome the learning difficulties.   According to (Bowman, & McCormick, 2000) cooperative groups presents the teachers with an opportunity to easily assess several outcomes in students such as critical thinking, level as well as communication skills and commitment to learning (Bowman, & McCormick, 2000). Cooperative groups are particularly useful in teaching Math which many students have problems because peer assessment is more welcome by students than teacher assessment and is easily acceptable since it reduces chances of teacher bias (Bowman, & McCormick, 2000).  Ã‚  Ã‚   According to (Bowman, & McCormick, 2000) peer coaching as a research based teaching strategy is effective because it allows for a degree of confidentiality whereby students are not afraid to make mistakes.   The expected learning outcome of using cooperative strategy in the classroom is that, learners increase in their capability to grasp hard concepts (Bowman, & McCormick, 2000). In addition, the approach is non-evaluative which is important to students given the fact that students fear evaluations and assessments.   Repeat and rephrase has been found to highly increase the retention ability of students (McHugh, Catherine & Kevin, 1997).   This is very important for students who are supposed to retain introductory concepts as these develop as the students’ progress to next levels. Therefore, repeat and rephrase are important to an integrated class whereby students whose English proficiency prevents them from progressing at the same level with native English speakers. Music and Jazz chant activities have found to reduce stress levels in learners as well as creating a soothing effect (McHugh, Catherine & Kevin, 1997).   Therefore, incorporating music and Jazz chants in a class especially in a Math class can improve learning in that it creates a good environment for learning. The expected learning outcome of using cooperative strategy in the classroom is that, learners increase in their attention span (McHugh, Catherine & Kevin, 1997). Conclusion Research based strategies are a must use for teachers of integrated classes. In order to ensure that, the environment for all students is ideal in spite of their English proficiency levels, teachers must constantly identify challenges and obstacles to learning so as to overcome all the challenges associated with English language learning environment. It is also important that, teachers choose wisely the suitable strategies to teaching integrated learners as not all approaches are suitable for every subject. Reference Bowman, C., and McCormick, S. (2000).   Comparison of Peer Coaching versus Traditional Supervision effects.   The Journal of educational Research 93 (4). Johnson, D., Johnson, R. and Holubec, E., (1994).   The nuts and bolts of corporative learning. Edina MN: Interaction Book Company. McHugh, Catherine, E., & Kevin, W. 1997.   Using technology to promote student learning:   Opportunities for Today and Tomorrow. Jossey- Publishers.

Search & Seizure, Open Fields Doctrine

MEMORANDUM ON DEFENDANT’S MOTION TO SUPPRESS STATEMENT OF FACTS Owyhee County is located in the south west corner of Idaho. The Owyhee Mountains fill the west portion of Owyhee County. Mud Flat Field and Marmaduke Spring are located in the Owyhee Mountains, in the west central portion of Owyhee County, south of South Mountain and north of Juniper Mountain. The Mud Flat Field is approximately two miles long from North to South. The south end of the Mud Flat Field borders the Mud Flat road. Over this road one can travel to Jordan Valley, Oregon, from Grandview, Idaho.From the Mud Flat road, a person enters the Mud Flat through the locked gate or through another, unlocked, gate. The unlocked gate is approximately 25 yards east of the locked gate. In July 1995, a number of persons, including *** Bennett, had keys to the locked gate. Near the south end of the field is a set of corrals. Defendant *** Tobias’ cabin is approximately a quarter mile east of the corrals. The cabin is not visible from the corrals. In the summer of 1995 the defendants Tobias and *** Black, were running cattle in the Mud Flat field and adjoining fields.Marmaduke Spring is located about a quarter mile west of the northwest end of the Mud Flat Field, over a saddle from the field. On July 21, 1995, an Idaho Air National Guard helicopter pilot, *** Brummett, flew a mission over the Owyhee Mountains. While flying over Marmaduke Spring, Brummett saw a number of dead cows. Brummett initially observed the cows from the air; he then landed his helicopter and inspected the cows on foot. Brummett found *** Bennett’s truck parked near the north end of the Mud Flat Field. The truck was approximately a quarter mile east and over a ridge from the dead cows and the spring. Bennett was not at his truck.Brummett left a note on *** Bennett’s truck after he inspected the cows. The note identified the location of the massacred cows. When Bennett came back to his truck and read the not e he walked over the hill to examine the cows. Because Bennett ran cattle on the ranch adjacent to and west of the Mud Flat Field, and had cattle in the area, he was afraid that the cows might have been his own. He found a number of swollen dead cows. What he saw caused him to leave and contact the Owyhee County Sheriff’s Office (OCSO). At approximately 6:00 p. m. on July 21, 1995 Bennett returned to the Mud Flat Field and Marmaduke Spring.He brought the Owyhee County Sheriff, Tim Nettleton, Owyhee County Sheriff’s Deputy Jim Bish and an Idaho Deputy Brand Inspector, Chuck Hall, with him. They got onto the Mud Flat field through the locked gate using Bennett’s key. They inspected the dead cows. The cattle had been shot through the head and were lying on their left sides or were on their bellies. Each had at least one ear removed and each had an 11 inch by 11 inch (approximate) patch of hide missing from the right shoulder; The significance of the removal of the ear is that a numbered (â€Å"Bangs†) tag is attached to the ear.The owner of cattle can be determined by the tag even if the brand is destroyed Some of the cows had bled. The cows were tentatively identified as *** King’s. Gordon King’s brand is a â€Å"Heart-K† on the right shoulder; exactly where the hide had been cut from the cows. The cows appeared to have had calves nurse them after they had been killed. After inspecting the cows, Bennett, Nettleton and Hall went to the Mud Flat Corral and found Tobias. They told him what they were doing and asked him whether he had seen anyone in the area during the past few days.He denied that he had. The following day, July 22, 1995, law enforcement officers, lab technicians and citizens returned to the Marmaduke Spring area to try to figure out what happened. During that day *** King found a Charolais cross calf in the Mud Flat Field. This calf had an open wound on its right shoulder from where a â€Å"Heart-Kà ¢â‚¬  brand had been skinned. The calf had a new â€Å"T-cross† brand on its left hip. Officers and cowboys found 12 skinned and rebranded calves during the next few days. Two calves were found in Tobias’ and Black’s Mud Flat Field.The remainder of the calves were found in an allotment Tobias and Black shared with their neighbors, the Colletts. Each calf had a chunk of hide missing from its right shoulder, some had new ear marks, and each had a new â€Å"T-cross† brand. Skin, hair and blood samples were taken from the skinned calves and the dead cows. The samples were sent to the Stormont Laboratory for DNA testing. The tests established that at least eight of the calves came from eight of the dead cows. An Idaho brand officer, Chuck Hall, was near the corrals and saw saddles in the back of Tobias’ pickup.On one saddle’s horn wrap Hall saw what appeared to be a fairly fresh spot of blood pressed into the wrap. Hall is an experienced cowboy and his opinion was that blood may have come from one of the cows or calves. Hall cut a small piece of leather containing the spot of blood off the saddlehorn wrap. Later, *** Black claimed that saddle. When asked at the preliminary hearing why he took the piece of leather, Hall said, â€Å"I saw it as evidence, and if I hadn’t taken it at that time I may not have ever seen it again. † (PH, p. 572. ) The leather and blood were sent to the Stormont lab.The lab determined that the spot was blood and that it came from one of the stolen calves. On July 21, when Nettleton first saw the dead cows and told Tobias about them, he saw the blood on Tobias’ pants. The following day Tobias was wearing the same pants. Nettleton decided, based on his experience as a cowboy and a hunter, that the blood pattern on the pants was unusual. It was not the pattern of blood as it usually appears on the pants of a cowboy, or a hunter. Blood on the pants of a hunter or cowboy will be wi ped on from wiping off either hands or knives or as specks from the spray of cut small arteries.The blood in this instance was smeared and soaked onto the thigh area of the pants and had dripped down onto the cuff area. Nettleton believed that the blood may have come from the cows and calves. He believed that the blood pattern came from Tobias’ having laid the skinned patches of cow and/or calf hide on his pants. The patches of hide from the cows and calves were never recovered. Near the end of the day of July 22, Nettleton approached Tobias and told him that he had probable cause, but did not want, to arrest him. Nettleton asked Tobias for his pants.Tobias asked Sheriff Nettleton what would happen if he did not give Sheriff Nettleton the pants and Nettleton replied that he would have to arrest him. Tobias consented to give up the pants. The pants were sent to the Stormont lab and DNA tests were performed on them. The tests showed that blood on the pants matched that from one of the dead cows. DEFENSE ARGUMENTS The arguments are set out in Tobias’ â€Å"Memorandum in Support of Defendant’s Pretrial Motions. † I. THE THRESHOLD MATTER BECAUSE TOBIAS HAS MADE NO SHOWING THAT HIS UNITED STATES CONSTITUTIONAL FOURTH AMENDMENT RIGHTS HAVE BEEN VIOLATED, THIS COURT SHOULD NOT CONSIDER HIS ARGUMENTS.As a threshold matter, this court must determine whether Tobias has standing to assert a violation of the 4th Amendment to the United States Constitution. In order to show standing Tobias must show that the search or seizure violated his own privacy, liberty or possessor interests. Rakas v. Illinois 439 U. S. 128, nt. 1, (1978); Smith v. Maryland, 442 U. S. 736, 740, 99 S. Ct. 2577, 2580, 61 L. Ed. 2d 220 (1979). Tobias has an obligation to demonstrate, by affidavit or testimony, that any of his privacy, liberty or possessor interests have been violated. Tobias has not shown either a subjective or objective expectation of privacy.The facts demon strate that Tobias and Black had little, if any, expectation of privacy in the Marmaduke Spring kill site, in the Mud Flat field, in the Mud Flat field corrals, in the open back of Tobias’ pickup truck, in the federal allotment that Tobias and Black shared with the Colletts, in the dead cows found near Marmaduke Spring, in King’s calf found in the Mud Flat field, in the running irons found at the Mud Flat field corrals, in the running irons and blood spot found on the saddle which was located in the open back of Tobias’ pickup truck at the Mud Flat field corrals, in the bloody pants that Tobias was wearing, in the calves found on the federal allotment that Tobias and Black shared with the Colletts, the Marmaduke Spring, the Mud Flat corral, the Mud Flat Field, or his pickup. Tobias has shown no ownership interest Marmaduke Spring. He has shown no violated privacy interest in the Mud Flat Field, or the Collett/Tobias/Black allotment. Tobias has not claimed an own ership interest in the evidence seized from the deceased cows, the calves or the saddle leather.Therefore, the court should not consider his arguments nor grant his motion to suppress regarding this evidence. II. THE MUD FLAT CORRAL SEARCH ARGUMENT THE MUD FLAT CORRALS WERE OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION BECAUSE TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THEM. The state will first analyze Tobias’ reasonable expectation of privacy in the corral area. The analysis of his interest in the Mud Flat field, the federal allotment that Tobias shared with the Colletts, and the Marmaduke Spring kill site, will be substantially the same. If the court finds that Tobias had no reasonable expectation of privacy in the corral area, then it should find that he had no reasonable expectation of privacy in the other areas.In order to determine if the Fourth Amendment applies, the court has to determine if the person objecting to the search or seizure has a reasonable exp ectation of privacy in the place searched or the thing seized (because if there is no reasonable expectation of privacy violated there is no search or seizure), if there was a search or seizure, if the state was involved, and, finally, if an exception applies. Should this court consider Tobias’ search and seizure claims it should consider that the facts show diminished and missing subjective and objective expectations of privacy. The Fourth Amendment prohibits only those searches and seizures that are â€Å"unreasonable. While the appellate courts presume that warrantless searches are unreasonable, the state rebuts this presumption when it demonstrates, by a preponderance of the evidence based on the totality of the circumstances, that the search was reasonable. The state can also rebut the presumption when it shows that the search came under one of the exceptions to the warrant requirement. In other words Tobias must show that he had a reasonable expectation of privacy whic h was violated. A. Open Fields The Fourth Amendment â€Å"protects people, not places. What a person knowingly exposes to the public, even in his home or office, is not a subject of Fourth Amendment protection. † Katz, 389 U. S. at 351.The person must have an actual, or subjective, expectation of privacy, and the expectation must be one that society will recognize as reasonable. Katz, 389 U. S. at 361. Federal courts have consistently held that there is no constitutionally protected privacy interest in the area outside of the curtilage a home. In Hester v. United States, 265 U. S. 57 (1924), federal agents entered onto Hester’s lands looking for, and finding, his illegal still. The court held that the Fourth Amendment did not protect open fields. The Court reiterated that holding in Oliver v. United States, 466 U. S. 170 (1984), and United States v. Dunn, 480 U. S. 294 (1987).In Oliver, the officers acted on anonymous tips, ignored â€Å"no trespassing† signs, a nd found secluded marijuana fields on private land. The Supreme Court again held that open fields do not provide the setting for those intimate activities that the Fourth Amendment is intended to shelter from government interference or surveillance. Therefore, there is no reasonable expectation of privacy, even though the police are trespassers in the unprotected areas. In Dunn narcotics officers trespassed onto Dunn’s farm. They climbed over fences and crossed open fields. They avoided the house but went to the barn and other outlying structures. They crossed over more fences and looked inside, but did not go inside, the barn.The Supreme Court said there was no Fourth Amendment protection in the area where the trespass occurred. The Court discussed curtilage concepts and factors such as distance from the residence, enclosures surrounding the residence, the uses to which the area was being put, and owner’s efforts at concealment. It then ruled that the open fields doct rine applied. Although the Idaho appellate courts have found the federal definition of curtilage unduly restrictive, they nevertheless analyze curtilage similarly. In State v. Kelly, 106 Idaho 268 (Ct. App. 1984) and State v. Young, 107 Idaho 671 (Ct. App. 1984), the appellants asked the court to examine Oliver‘s effect on Katz and Hester. The court of appeals declined to do so.The court did not agree with the appellants that the evidence should have been suppressed. The court also examined the federal cases in relation to Idaho’s constitutional law. It decided the cases by determining that the defendants had exhibited no reasonable expectation of privacy. In Kelly, the court commented that the officers seized the marijuana after going over the defendant’s insubstantial barbed wire fence. The court also noted there was no evidence of â€Å"no trespassing† signs. In Young, the court said that while the officers had initially encountered a gate, a fence and â€Å"no trespassing† signs, they had walked around them to an area where there were no signs, gates or fences.The officers then entered Young’s land and saw the marijuana. Tobias, in his brief, implies that under no â€Å"stretch of the imagination† can the search at the Mud Flat corrals be justified. He suggests that the Mud Flat corrals are within the curtilage of his cabin and are immediately adjacent to his cabin. (Deft’s Mem. , p. 7. ) To support the argument, he cites a number of other state courts as having held that corrals â€Å"are within the constitutionally protected ‘curtilage’ of a farmhouse. † (Deft’s Mem. , p. 8. ) To suggest that corrals are by definition within the curtilege of a house is to expand the definition of curtilage beyond Idaho law.Curtilage: encompasses the area, including domestic buildings, immediately adjacent to a home which a reasonable person may expect to remain private even though it is acc essible to the public. State v. Cada, supra; State v. Clark, 124 Idaho 308 (Ct. App. 1993); State v. Rigoulot, 123 Idaho 267 (Ct. App. 1992), emphasis added. It is clear from the photographs and from the preliminary hearing testimony that the corrals are not †immediately adjacent to a home. † Clearly, the corrals are not located within â€Å"a small piece of land† around the cabin. (See attached photograph. ) Tobias’ cabin is concealed from the corrals. There is a tree-covered ridge isolating the cabin from the corrals.Tobias’ cabin sits below the ridge. His cabin is approximately a quarter mile from the corrals. The corrals are not part of a barnyard immediately adjacent to a home. Their association with the cabin is that they are along the road leading to the cabin. The road ends and the path to the cabin begins, near the corrals. While the corrals are not clearly visible from the Mud Flat Road, they are easily seen from the road that goes through the Mud Flat field and on to Bennett’s ranch. There are no special fences that set the corrals and the cabin apart from the rest of the Mud Flat field. The corrals are within sight of, and on the edge of, the Mud Flat field.The corrals are presumably used for the livestock within the Mud Flat field. As can be seen in the attached photograph, many paths lead to the corrals. Both in use and location, the corrals are more closely associated with the Mud Flat field than with Tobias’ cabin. It is fair to characterize the corrals as outside the area that â€Å"a reasonable person may expect to remain private,† therefore outside the area included in the cabin’s curtilage, and therefore outside the area of Fourth Amendment protection. B. Plain View However, if the court includes the Mud Flat corrals within the curtilage of Tobias’ cabin, that does not mean that the corrals are protected by the Fourth Amendment.In Rigoulot the court concluded that observati ons made by persons â€Å"restricting their movements to places ordinary visitors could be expected to go were not protected by the Fourth Amendment. † Rigoulot at 272. The Mud Flat corrals are located near the south end of the Mud Flat Field. They are approximately one-half mile north of the Mud Flat Road, out of sight, to the west, and over a ridge (or around a draw) from Tobias’ cabin. A person driving along Mud Flat Road cannot see either the Mud Flat Corrals or Tobias’ cabin. A person who enters the main gate at the Mud Flat Field follows a dirt road north to where it splits. One fork continues in a north, north-west direction. This fork continues off Tobias’ property and onto Bennett’s property.The other fork continues north for a way then t curves east around a hill toward the corrals. This fork ends just beyond the corrals. In order to get to Tobias’ cabin, a person has to travel along the road to the corrals, then the remainder of t he way on foot. The state’s position is that if the corrals are included within the cabin’s curtilage , then they are in an area that visitors would normally go. These visitors include police officers coming onto the property to â€Å"conduct an investigation or for some other legitimate purpose. † Id. In summary, because the officers were not in a place protected by the Fourth Amendment, their search was not improper. III. THE MUD FLAT FIELD SEARCH ARGUMENTTOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE MUD FLAT FIELD BECAUSE THE FIELD IS OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION. The governing law is set out above under the argument regarding Tobias’ expectation of privacy in the Mud Flat Field corrals. On July 22, after the officers were finished or nearly finished gathering evidence from King’s dead cows, Gil King was heading away from the Marmaduke Spring area. He was going to load his motorcycle into a truck and leave. As he was leaving and while near Bennett’s truck near the Johnson Reservoir, he saw the Charolais calf that â€Å"had a big ol’ patch of hide missing off its side. † (PH, p. 389. The calf was herded to the Mud Flat Field corrals and examined. This calf had skin removed off its right shoulder, where a â€Å"Heart-K† brand had been, and a new â€Å"T-cross† brand on its left hip. Tobias claimed the calf. Based on the above law and arguments regarding Tobias’ expectation of privacy in the Mud Flat Field corrals, and the fact there should be a progressively decreasing reasonable expectation of privacy as one gets further away from the cabin, the state respectfully requests that this court deny the defendant’s motion to suppress the evidence gathered in the Mud Flat Field (the Charolais calf). IV. THE MARMADUKE SPRING KILL SITE SEARCH ARGUMENTTOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE MARMADUKE SPRING BECAUSE IT IS OUTSIDE THE AREA OF FO URTH AMENDMENT PROTECTION. The governing law is set out above under the argument regarding Tobias’ expectation of privacy in the Mud Flat Field corrals. Considering the facts, and the above stated law and argument, the state respectfully requests that this court deny the defendant’s motion to suppress the evidence gathered at the Marmaduke Spring. V. THE COLLETT/TOBIAS & BLACK ALLOTMENT SEARCH ARGUMENT TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE COLLETT/TOBIAS ALLOTMENT BECAUSE THE ALLOTMENT IS OUTSIDE THE AREA OF FOURTH AMENDMENT PROTECTION.The law governing this area of search and seizure is set out above in the argument regarding the Mud Flat corrals search. On July 23rd, a number of cowboys and officers road through the Collett/Tobias allotment and found 11 calves. The calves were found in the area of the allotment furthest from Tobias’ cabin. The calves had new â€Å"T cross† brands, new ear marks and had a chunk of hide skinned off their right shoulders. Subsequent DNA tests showed that most of the calves came from the dead cows. The Collett/Tobias allotment is a section of land lying adjacent to and east of the Mud Flat field. The allotment is also adjacent to and east of Collett’s private land. It is adjacent to and south of land on which the Kings ran cattle.In July 1995 two ranchers (Tobias and the Collett family) leased the grazing rights from the Bureau of Land Management; on July 22nd both had cattle on the land. Each would ride the allotment to check their cattle. There were fences to keep the cattle in, there were no â€Å"no trespassing† signs. There is no indication that intimate family activities such as those protected by curtilage concepts occurred on the land. Because Tobias had no reasonable expectation of privacy in the Collett/Tobias allotment, the state respectfully requests that this court deny the defendant’s motion to suppress the evidence regarding the calves found in the allotment. VI.THE CONSENT TO SEARCH ARGUMENT TOBIAS HAD NO REASONABLE EXPECTATION OF PRIVACY IN THE MUD FLAT CORRAL, THE MUD FLAT FIELD, MARMADUKE SPRING OR THE FEDERAL ALLOTMENT BECAUSE THE OFFICERS HAD EITHER REAL OR APPARENT PERMISSION TO BE ON THE PROPERTIES. The officers had reason to believe that either Bennett or Tobias had consented to their presence at the Mud Flat corrals search and that either Bennett or Tobias had the authority to consent to their presence. Consent must be shown to be free and voluntary and not a result of duress or coercion, either direct or implied. State v. Aitken, 121 Idaho 783 (Ct. App. 1992), citing Schneckloth v. Bustamonte, 412 U. S. 18 (1973): As long as the police officer reasonably believes that the person giving consent to a warrantless search has the authority to consent, the search is valid and the defendant’s right against unreasonable searches and seizures pursuant to the Fourth Amendment to the United States Constitution and art. 1,  § 17 of the Idaho Constitution is not violated, even though the consenter has no actual authority to consent. State v. McCaughey, 127 Idaho 669, 904 P. 2d 939, (1995). The state must show the voluntariness of consent by a preponderance of the evidence; and the voluntariness of consent is to be determined in light of all of the circumstances. State v. Aitken, supra; State v. Rusho, 110 Idaho 556 (Ct. App. 1986). A number of people had access to the Mud Flat field and the Mud Flat corrals. Tobias allowed local people access to his fields. Tobias provided an access key to Bennett.Bennett notified OCSO of the dead cows and brought officers to look at the cows. Bennett used his key to unlock the gate on July 21st when he brought officers to look at the cows. Bennett gave the officers his key so that they could return to the field the following day. Tobias talked to state officers at his corrals and made no objection to their presence on July 21st. He knew on July 21st that state of ficers were going to return July 22nd and made no objection. Tobias was present at the Marmaduke Spring when officers returned July 22nd and he watched the work that they were doing and he did not object to their presence. Tobias watched them while they gathered evidence from the cows.He was present when the Charolais calf was found in the Mud Flat field and knew that the calf was going to be driven to the Mud Flat field corrals. He was present at the corrals when the officers were looking at the Charolais calf and when they seized the piece of leather from the saddle in his pickup. Officers talked to Tobias at Marmaduke Spring and at the Mud Flat corrals. Tobias only questioned the officers about their authority to seize his pants. Officers only seized his pants after gathering evidence from the dead cows, after finding the Charolais calf with a patch of hide missing from its shoulder and with new ear marks and a new â€Å"T cross† brand, which Tobias claimed as his own.Tobi as & Black may not have been present when the calves were found in the Collett/Tobias & Black allotment. Tobias and Black had a diminished expectation of privacy as they shared the allotment with the Colletts and the Colletts allowed cowboys and state officers to search the allotment. At no time did Tobias, the alleged owner of the property, object to the officers’ presence and the only time he questioned their actions was when they seized his pants. Considering all of the circumstances, including custom in the area, it is fair to say that the officers thought they had Tobias’ permission to be at the corrals when he knew that they were going to be there, he accompanied them, and expressed absolutely no disapproval to their presence.The law of consent is clear that, â€Å"[w}here two persons have equal rights to the use or occupation of premises, either may give consent to a search, and the evidence thus disclosed can be used against either. † State v. Huskey, 10 6 Idaho 91 (Ct. App. 1984), citing United States v. Sferas, 210 F. 2d 69, 74 (7th Cir. ). The co-tenants, the Colletts, could give the officers permission to search the allotment for King’s calves. The officers searched the allotment with the permission of the co-tenants, the Colletts. The state respectfully requests that this court deny the defendant’s motion to suppress the evidence regarding the calves found in the allotment. VII.THE MUD FLAT CORRAL SEIZURES ARGUMENT IT WAS PERMISSIBLE FOR HALL TO SEIZE THE LEATHER CONTAINING THE BLOOD SPOT AND THE CINCH RINGS (RUNNING IRONS) THAT HE SAW ON BLACK’S SADDLE IN THE OPEN BACK OF TOBIAS’ PICKUP TRUCK Assuming, without conceding, that Tobias has standing to challenge the seizure from Tobias’ pickup truck, the state’s position is that Hall could seize the thumbnail sized piece of leather and the running irons under either the plain view doctrine or the moving target doctrine. Hall seized the cin ch rings and piece of leather because he was investigating the killing of the cows and rebranding of the calf and believed that both items were evidence.On Saturday, July 22, 1995, while the officers were at the Mud Flat corrals trying to figure out the situation with the Charolais calf, Hall observed a saddle in the uncovered back of Tobias’ pickup truck. The saddle belonged to *** Black. Black was not present at the corrals. On the saddle there were two blackened cinch rings and a spot of blood on a piece of leather. Anyone present could have looked into the back of the pickup and seen the saddle, the cinch rings and the blood spot. The overall circumstances indicated that large chunks of hide were cut from cows and at least one calf. The calves were alive when their hide was cut off their shoulders. It is reasonable to infer that the calf would have bled.Chuck Hall, from the state Brand Inspector’s office and an experienced cowboy, observed Black’s saddle and saw the blood spot on the saddle horn wrap. It was apparent to Hall that the blood spot was unusual both in the location and how it was pressed into the wrap. Hall cut the thumbnail sized piece of leather off the saddle horn wrap. Hall seized the rings. It was apparent to Hall that the cinch rings had illegally been used as running irons. A. The Plain View Doctrine. Hall’s seizure of evidence from the pickup truck was permissible under the plain view doctrine. The court in State v. Clark, 124, Idaho 308, 311 (Ct. App. 1993), (citing Horton v. California, 496 U. S. 28 (1990)), set out the standard: (1)The officer must lawfully make an initial intrusion or otherwise properly be in a position to observe a particular area, and (2) it must be immediately apparent that the items observed are evidence of a crime or otherwise subject to seizure. The â€Å"immediately apparent† requirement is â€Å"met when an officer has probable cause to believe that the item in question is associated with criminal activity. † State v. Claiborne, 120 Idaho 581 (1991), citing Texas v. Brown, 460 U. S. 730 (1983). An officer is allowed to â€Å"draw reasonable inferences based on his training and experience. † State v. Tamez, 116 Idaho 945 (Ct. App. 1989). Multiple officers at a scene may make reasonable inferences based on their collective knowledge. United States v.Newton, 788 F. 2d 1392 (8th Cir. 1986). Here, Hall was properly on the property either because of actual or implied consent, or because he was in an â€Å"open view† area at the corrals. When Hall saw the blood spot on the saddle horn he recognized it to be evidence. (PH, p. 572. ) He then seized a small section by cutting it off the saddle horn. Because the cinch rings and the blood spot were open to public view and because Hall had probable cause to believe that they were contraband and prima facie evidence of a crime, the state respectfully requests that this court deny the defendantà ¢â‚¬â„¢s motion to suppress these items. B. The Moving Target DoctrineFurther supporting Hall’s decision to seize the cinch rings and the leather piece is the fact that they were located in a motor vehicle: The guaranty of freedom from unreasonable searches and seizures by the Fourth Amendment [recognizes] a necessary difference between a search of a store, dwelling house or other structure†¦ and a search of a ship, motor boat, wagon or automobile†¦ [since] it is not practicable to secure a warrant because the vehicle can be quickly moved out of the locality or jurisdiction in which the warrant must be sought. Carroll v. United States, 267 U. S. 132, 152 (1925). The United States Supreme Court explained this doctrine in Chambers v. Maroney, 399 U. S. 2, 52 (1970): For constitutional purposes, we see no difference between, on the one hand, seizing and holding a car before presenting the probable cause issue to a magistrate and on the other hand carrying out the immed iate search without a warrant. Given probable cause to search, either course is reasonable under the Fourth Amendment. When Hall seized the running irons, he believed they had been used as running irons to draw on brands. He knew that it was illegal to possess running irons and, as such, they were contraband. It appeared that someone had drawn the â€Å"T-cross† brand on the Charolais calf with a running iron. He also knew that someone had killed 11 cows and that someone had cut a patch of hide off their right shoulders.He knew that someone had cut a patch of hide off the Charolais calf’s right shoulder and that someone had changed its ear mark by cutting the ear. From his experiences as a cowboy he knew that the cows and calf would have bled. He knew from his experience as a cowboy that the blood on the saddle wrap was unusual in the location and in the manner that it was pressed into the wrap. He recognized the blood as evidence and was afraid that he would not see i t again if he did not seize it then. The seizure of the blood spot from the saddle horn wrap is similar to the seizure that occurred in Cardwell v. Lewis, 417 U. S. 583 (1974). In Cardwell, officers investigating a murder examined a tire and took paint scrapings from the defendant’s car. The car was located in a public parking lot.In the court’s opinion the officers did not infringe on any reasonable expectation of privacy. A similar case is New York v. Class, where an officer reached into a motor vehicle to move papers on the dashboard. The papers were covering a VIN. When the officer moved the papers he saw and seized a gun. The court upheld the search as the defendant did not have a reasonable expectation of privacy in the VIN, the officer had a right to see the VIN, therefore, he had a right to move the papers. In United States v. Ferri, 778 F. 2d 985 (3rd Cir. 1985), the court held that a person had no reasonable expectation of privacy in his shoes (and their sole s).The above cases are based on the Katz reasoning that the Fourth Amendment does not apply to the exteriors or interiors of items open to the public view. Because the cinch rings and the blood spot were located within a mobile vehicle and because Hall had probable cause to believe that they were contraband and evidence of a crime, the state respectfully requests that this court deny the defendant’s motion to suppress these items. CONCLUSION For the above stated reasons the state respectfully requests that this court deny Tobias’ motion to suppress. ——————————————– [ 1 ]. The access to *** Bennett’s ranch is by a road that goes through the Mud Flat Field.The Bennett family has used the road through the Mud Flat Field to get to their property to the north and west since at least 1948 when Mud Flat was owned by Elmer Johnston. Since then the property has been o wned by *** Steiner, *** Steiner and *** Tobias. (see Preliminary Hearing (PH) Tr. , p. 12. ) [ 2 ]. Near a water hole, *** King’s son, *** King, had fed potato chips to one of the cows on July 13, 1995. [ 3 ]. The â€Å"T-cross† brand was the registered brand of Tobias’ partner, *** Black. Tobias has two brands registered in Idaho, one is a â€Å"46,† the other is an â€Å"‘F’ hanging ‘J. ’† [ 4 ]. Other Tobias and Black cow/calf pairs were in the fields where the newly branded â€Å"T-cross† calves with the chunks of hide missing were found.The cows were branded with Tobias’ â€Å"46,† their calves were branded with Black’s â€Å"T-cross. † [ 5 ]. The cows’ ears were never found. [ 6 ]. The court in State v. Cada, 129 Idaho 224 (Ct. App. 1996), established that Idaho will not follow the Dunn analysis regarding enclosure and visibility to passersby. [ 7 ]. â€Å"Curtilage† refers to a small piece of land not necessarily enclosed, around a dwelling house, generally including buildings used for domestic purposes in the conduct of family affairs. Ferrel v. Allstate Insurance Co. , 106 Idaho 696 (Ct. App. 1984). [ 8 ]. Approximately one quarter mile. [ 9 ]. Approximately 2 miles from Tobias’ cabin. [ 10 ]. The brand was actually registered to his partner, *** Black. [ 11 ].This point does not even examine the question of whether one can have a reasonable expectation of privacy in someone else’s cows. [ 12 ]. The Collett/Tobias allotment is approximately five miles long and varies from approximately one mile wide to over two miles wide, so it cannot equate to a premises. [ 13 ]. Also known as the Carroll Doctrine. [ 14 ]. Idaho Code sec. 25-1903 states that, â€Å"any person who uses, or has, or keeps in his possession, any running branding iron, tool, or instrument used by him for running a brand on any livestock†¦ is guilty of grand l arceny†¦. [T]he possession of such iron or instrument is prima facie evidence of guilt. † [ 15 ]. The seizure of the pants is also similar, as both were items held out to public view.