Tuesday, December 24, 2019

The Performance Of Baseball Data And Analytics - 2304 Words

Introduction Statistics in baseball have always existed on a player and team basis, with some common statistics being hits, runs, earned runs, runs batted in, home runs, etc. Since the publication of Bill James’ abstract (1986), however, there has been large growth of interest in baseball data and analytics, and, more specifically, a large growth of interest in a branch of baseball statistics known as sabermetrics. This branch of statistics has been further spurred on by the publication of Moneyball (Lewis, 2003), and even more so by the movie debut of Moneyball in 2011. Sabermetrics uses baseball’s common statistics and creates a statistic that more efficiently determines the performance of baseball players.However, there is still some†¦show more content†¦For example, if two teams are versing one another and one pitcher has an ERA of 1 and the other an ERA of 6, the pitcher with an ERA of 1 may seem more likely to give up less earned runs, and thus more likely to win the game. An author in the Society for American Baseball Research (SABR) journal, found this notion of ERA to be true as he found ERA to be a statistically significant predictor of team wins for National League MLB teams (Ault). Joe Watson (2011), a reporter for the sports news site bleacherreport, claims that ERA is the supreme statistic for examining pitchers because it gives a better insight on a team’s probability to win. Due to the theoretical example and the different articles, the assumption is made that ERA is the best predictor of a pitcher’s ability to achieve a win. This assumption has led experts and laymen alike to use ERA in their comparison of pitchers because the ultimate goal of any sports player is to win. Due to the major use of ERA there is a driven importance to predict ERA and establish what factors cause changes in it. CBSSports interviewed their staff experts to examine what was the best statistical measure of pitchers. The majority stated that WHIP was the best measure of a pitcher’s actual performance (Snyder, M., Rosecrans, T., Perry, D. 2012). A number of medical articles as well use WHIP to evaluate a pitcher’s ability to assimilate back into the MLB after surgery (Gibson, B. W., Webner, D., Huffman, G. R., Sennett, B. J.

Monday, December 16, 2019

Understanding human rights Free Essays

Introduction Human rights are defined as those inalienable and universal rights and freedoms which all individuals enjoy simply because they are human, they are entitlements which we all share regardless of age, gender, race, sexuality, class or culture (Henry 2009: 1). Human right are rights inherent to all human beings, irrespective of the nationality, place of resident, sex, national or ethnic origin, colour, religion, language, or any other status. Human rights are entitlement gotten outside/without discrimination. We will write a custom essay sample on Understanding human rights or any similar topic only for you Order Now these rights are all interrelated, interdependent and indivisible in the sense that most states have the same human right laws that govern the security of individual and group with brings about equality before the law and freedom of expression; economic, social and cultural rights, such as the rights to development and self-determination. Most human rights are expressed and supported by law, in terms of treaties, customary international law, general principles and other sources of international law. infact, these human right laws lay down obligations of Governments to act in certain way in order to promot and protect human rights. Human rights entail both rights and obligations. States assume obligations and duties under international law to respect, to protect and to fulfil human rights. The obligation to respect means that States must refrain from interfering with or curtailing the enjoyment of human rights. The obligation to protect requires States to protect individuals and groups against human rights abuses. The obligation to fulfil means that States must take positive action to facilitate the enjoyment of basic human rights. At the individual level, while we are entitled our human rights, we should also respect the human rights of others. Universal Declaration on human rights in 1948 contains 30 articles. but the most important of these are considered as follows: the right to life, liberty, property and security of person, the right to an education, the right to employemtn, paid holidays, protection against unemployment and social security, the right to participate fully in cultural life freedome from torture or cruel, inhumane treatement or punishment, freedome of expression and opinion freedom of thought, conscience and religion. Vienna World conference on human rights 1993 noted that ‘it is the duty of states to promoted and protect all human rights and fundamental freedoms, regardless of their politica, economic and cultural systems. Human Rights Act in the UK â€Å"The Human Rights Act was brought about as a result of the European Convention on Human Rights, which was set up by the Council of Europe. This was to ensure that the violations of human rights under the reign of Hitler during the Second World War, would not be able to happen again. The act however, was only passed into UK law in October 2000. individual now have the right to seek redress in a UK court instead of having to visit the European Court of Human Rights in Strasbourg, which covered the act of: the right to life, prohibition of torture, inhuman and degrading treatment, Freedom from forced labour, Right to liberty, Right to a fair trial, Retrospective penalties, Right to respect for private and family life, Freedom of thought, conscience and religion, Freedom of expression, Freedom of assembly and association, Right to marry, Prohibition of discrimination†. The Human Rights Act 1998, has affected the lives of British Citizens, for example recently a law allowing terror suspects to be detained for up to 90 days without charge, but this was dropped as it was deemed to breach the rights of those being detained for such a long period of time. Importance of human rights Human rights help everyone to have a secured and safe life. it educates people to be directed to the full development of human personality and to the strengthening of respect for human rights and fundamental freedoms. It shall promote understanding, tolerance and friendship among all nations, racial or religious groups, and shall further the activities of the United Nations for the maintenance of peace. Criticisms against human rights Human rights as a principle is always positive. They should be the basis for evaluating any regime, aid program, etc. The criticism can arise when human rights are written down as laws, as they are almost impossible to police and there can be very blurry edges when defining everyday practicalities, such as a bill of rights. Some sociologists also see a problem with western countries defining human rights in a way that makes sense to westerners, yet is at odds with another culture. An example is child education. we see it as a human right and wish to enforce it globally. Many poor countries depend on working children in order for the family to eat and survive. When the child is forced to go to school, they lose a breadwinner, and a parent can also be forced to cease work in order to now attend to a child who is not working at home like they used to. Costs are also astronomical in developing countries to school a single child, and many families are large. end result is deepening of impoverishment before the fruits of the child’s education kick in decades later. So is this still an easily recognisable human right? â€Å"Human Rights† is a much used and abused term today, and is used extensively for political gain. The term is used to defend Human freedom as well as destroy it. People tend to attach importance to particular human rights issue according to ideology and political convenience. if a man is not to have recourse or rebellion against tyranny and oppression, taking law into their own hands,†Human Rights† should be built into the society as a natural rule. As a last resort only, law should be applied as a protection. Desite the fact human right laws are in existence, there is still racism and discrimination which has criticised human right in a way that it can no longer make any impact to individual in some societies. Conclusion Human rights are the rights of individual men and women to basic freedoms such as freedome of association, freedom speech, etc. one should note that ‘the improvement fo one right facilitates advancement fo the others, likewise, the deprivation of one right adversely affects the others. How to cite Understanding human rights, Essay examples

Saturday, December 7, 2019

Immune Responses to Periodontal Bio Film

Question: Discuss about the Immune Responses to Periodontal Bio Film. Answer: Introduction The immune system of the periodontal diseases has been under evolution that has spanned many foundational transformations that are founded on the individual microbiology studies. It is the study that has long been known to provide a basis for the understanding and the appreciation of the primary stimuli for the infection. Periodontal disease is a chronic infection caused by bacteria affecting the gingiva and the bone supporting the teeth. It is a result of the response to the bacteria in the dental biofilm where most of them remain hosts to the gingival tissues where the tissues have minimal changes (Stathopoulou, Benakanakere, Galicia Kinane, 2010). The infection can be severe to the extent of causing destruction to the teeth resulting in a loss of attachment and the alveolar bone. Another evolution has been linked to the ongoing process in the parsing out of the technicality of the inflammatory in humans, innate and adaptive immune response that go along with the findings in the f ield of microbiology. The natural immune response entails the homeostatic system as the first defense line that can recognize the bacteria and triggers the immune systems to fight back. Along the innate immunity is the adaptive immunity cells believed to be critical in the pathogenesis scenes of the periodontal disease, the T-cells, and B-cells. The T-cells are essential for the human resistance. It is a kind of a lymphocyte that is very active in the immune response. The B-cell is also a type of lymphocyte that is responsible for the production of antibodies (Peyyala, Ebersole, 2013). The B-cells functions in the humoral immunity element of the adaptive immune system by secreting antibodies. The T-and B-cells are the cells in a human body specially designed for defensive purposes. The cells are differently tailored to different germs in the sense that when the body is attacked by a virus, the cell responding will have recognized that virus, rapidly disperses around forming an army of identical cells to combat the infection. The principal purpose of this paper is to research onto the immune responses towards the periodontal Biofilm (Guggenheim et al. 2009). Innate Immune Response in Periodontal Disease According to a histological evaluation, polymorphonuclear leukocyte (PMN) is a key player in the maintenance of the periodontal health. These cells can be found in large numbers in the junction epithelium covering the tissues beneath from the reach of the bacterial infection. The existence of the PNM is because of the availability of the chemotactic factor in the gingival sulcus as well as the tissues beneath. When the PMNs fails to transmigrate into the endothelium, there is an increase in the inflammatory response that lowers the immune response against the bacteria causing periodontal infections (Mikihito et al. 2010). The periodontal epithelium offers a physical barrier to the infection and also plays active roles in the host defense of the innate because the epithelial cells are usually in contact with the bacterial products. In the existence of the active disease, the shifts in the epithelial results in the severe periodontal pocket that causes the bacteria to invade, also caus ing inflammation and destruction of the connective tissue associated with loss of bone and also the possible loss of the tooth. The epithelial can always take part in the in the infection by promoting further innate as well as the acquired immune responses. The epithelial cells may as well answer the calls by the bacterial by increasing their proliferation, by changing their cell initiation activities and also by transforming the cell differentiation and the death of cells (Peyyala, Kirakodu, Novak, 2012). After a variety of studies, it can now be concluded that the epithelia in the human bodies produce a wider range of antimicrobial peptides. These peptides have as well been discovered to have links with saliva and are in the case also present in the den to gingival junction area. The oral secular pocket and the epithelia in the junctions of the gingival have been associated with the generation of defensins and in most cases, the beta-defensin hBD-1, hBD-2, and hBD-3 (Turi et al. 2012). The integrity of the defensin epithelial is as well found to be disrupted by the different microbial pathogens that attack cell-cell junctions dissociating the cells from each other. The innate immunity is appreciated for its abilities to recognize bacteria as non-self agents because of the available microorganisms PAMPs in the bacterial wall acknowledged by the pattern recognition receptors on the surfaces of the immune wall. The PAMPs in the bacterial wall have been recognized to be invariant, and th ey represent conserved molecular patterns that are necessary for the microbial to survive. They are present in the bacterial lipopeptides, peptidoglycan, flagellin and DNA (Ali, Tahir and Ansari, 2011). Adaptive Immune Response in the Periodontal Infection The adaptive immune system is usually activated in cases where there has been a breach in the epithelial barrier along with the antimicrobial peptides and the other elements found in the innate system. The cytokines and the interleukins are found to be an integral part of the response, and they usually represent the intercellular messengers (Dickinson et al. 2011). According to Gemmel et al., the immune responses to the infection are usually under the control of the balance between the T helper (Th) 1 and two cytokines. To distinguish between the Th1 and two cell subsets, one would consider certain factors as the antigen and the antigen dose, the route of administration and the nature of the antigen presenting cell as well as the co-stimulatory molecules. Studies dated towards the end of the 19th century identified that the diapedesis was the fundamental mechanism involved in the process of leukocyte emigration. The invasion of the tissues by the leukocyte is usually influenced by di fferent elements including the IL-1, tumor necrosis factor as well as the LPS bacterial when injected (Li et al. 2007). Other chemokines have however raised significant interests regarding their selective recruitment and the activation of the leukocytes. The Chemikines are found to be a large family of small proteins almost similar to the heparin-proteins regarding their structures and are classified into four subfamilies based on the configuration of the cystein residues. Both the B and T cells are found to be present in the periodontal tissues. The infiltrate in the periodontal lesion is inclusive of the lymphocytes and mast cells that usually move to the tissues through the guidance of the various concentrations of the chemiokines and cytokines. The Th1 responses generated by the T cells are known to have the ability to enhance the phagocytic activity of the macrophages and neutrophils, and they also appear to host the infection. The B cells are activated and begin to produce ant ibodies when there is a Th 2 response. Many studies have declared and proved strong reactions of the antibodies against specific bacterial antigens that are associated with less severe diseases in the patients with aggressive and chronic periodontosis (Kenneth, 2008). Host inflammatory reaction related stimuli The environment is believed to be an ideal place rich in nutrients and can promote the growth of bacteria that will in the end form communities. The initial parts of the digestive tract give the bacteria a real surface of the teeth where they apply and multiply. The biofilm bacteria on the surface of the tooth usually activate the innate and the adaptive host responses that affect the biofilm. During the inflammation process, the changes in the surrounding might come along with effect on the biofilm (Siege et al. 2007). The environmental changes in temperature usually affect different functions and virulence of the full species of microbiology. The bacteria usually sense the variations in the temperature by proteins and also through the membrane lipids. In the periodontal pocket, there have been reports of an increase of 2 degrees Celsius in the affected sites as compared to the good sites. The increase in the temperature is believed to be a host defense mechanism that initiates the valance and the heat shock gene expression in the bacteria in response. Thus, the rise the temperature has also been noted to affect the attachment of the bacteria and the production of protease. The gingival in the case have as well been found to have been hit by the temperature. In the elevated temperatures, there is an expression of the rising volumes of the monophosphorylated penta-acylated lipid A. The fat is seen to be a rapid activator to the host Toll-like receptor four making the bacteria more susceptible to the host defensins. The overall effect of the temperature is however found to be favoring the periodontal pathogens in the sublingual films due to the increased portions of the Prevotella intermedia, P. gingivalisand A. actinomycetemcomitans associated with the high temperatures in the sites (Umeda et al. 2012). Host Defense Mechanisms The defense mechanisms of the host interrelating with each other are a reflection of the reaction of the host to the aggression. The response entails the ignition of both innate and the adaptive components of the immune systems. In the field of periodontists, the bacteria includes in an inflammatory response that is accompanied by their destructive effects and are the key players for the destruction of the tissues. Inflammatory and the immune responses have been found to dynamically interact even though the majority of the responses have been declared immunological. The gingival cervicular fluid is known as the serum tyransudate coming from the gingival plexus of the gingival corium blood vessels. Because if flows through the sulcular and the junctional epithelial and the periodontal tissues, the fluid has molecular biological markers. With an increase in the inflammation and the severity of the infection, the fluid augments. The GCF has been evaluated and found to contain serum comp onents available in the blood but is comprised with the particular component in the periodontist because it is enriched with specific elements in the periodontitis. This is because of the infiltration and the inflammatory cells that reflect on the local metabolic nature of the periodontal tissues. Many techniques have been used to sample the GCF, and many have since been developed where more than 100 different components of have been examined for periodontal diagnosis (Paino et al. 2013). The LPS is a known virulence factor in the Gram-negative bacteria membrane that comprises of Lipids A, antigen O, and oligosaccharide that unites them all. In the three portions, lipid A is the component that triggers an inflammatory reaction. LPS is a potent activator of the innate immune system that it usually meets through influencing the toll-like receptor 4. The receptor is a cell surface that appreciates the products of the bacteria. On entering the blood circulation, the LPS triggers many biological responses that may include death. Different researchers have confirmed that the rise of the serum LPS in the periodontitis comes along with the increase in the risks to systematic problems. The LPS oral fungi have instilled the effect on many types of cell found in the periodontal tissues that include the lymphocytes and osteoclasts. An LPS binding protein is referred to as an acute stage reactant that has been synthesized by the hepatocytes that intervenes LPS movement to its rece ptors. The ignition of the CD14 receptor incites monocytes and endothelial cells through a TLR4-pathway that in turn produces the secretion of the prionflammatory molecules. The molecules later trigger the release of the secondary inflammatory mediators (Paino et al. 2011). Complement system The complement system is a collection of close to 30 proteins that take part on the destructions of tissues and in the inflammatory process. It can always be triggured by the option pathway or by the classical pathway. The complement activation is usually considered proactive technique in the immunity of the antibacterial. However, some of the products in the channel may destroy the tissues. Many components of the system are discovered in the GFC of the periodontal patients that are usually retrieved from the serum or are generated through system activation locally (Paino et al. 12013). Many research papers have pointed out the significance of the regime in the case of the periodontal infection and the role it is playing in the protection against the pathogenic bacteria. The activation of the substitute system is one of the pioneer host immune response in the cervical space in the gingival. The activation though varies with the depth of the effect of the inflammation and could assist in differentiating the different forums of periodontitis. The bacteria related to the periodontal infection have been declared to have distinguished techniques to dodge the complement system. Some strains come with polysaccharides on their surfaces masking the molecules activating the complement while promoting the affinity of the traces that inhibits the activity or development of a steric impediment (Vardar-Sengul Mercola, 2009). Antibodies and Immunoglobulins (Igs) These are glycoproteins that are synthesized by the B lymphocytes and plasma cells that have the property designed for binding to the antigen. The pathogens in the periodontitis generate marked humoral immune responses that will be measured locally in the saliva of in the GFC. The existence of the antibodies in the fighting the pathogens in the GFC has been displayed in the patients suffering periodontitis with the predominance of the IgG1where there is the low presence of the IgG2. Various binding antigens have been explored in different distinct groups. The differences can be in the immunoreactivity profile where they are related to the hydrocarbon molecules and proteins. However, there are still no clear immune-dominance models established for any of the pathogens or patient groups (Simone et al. 2011). Conclusion Periodontal disease is a chronic infection caused by bacteria affecting the gingiva and the bone supporting the teeth. It is a result of the response to the bacteria in the dental biofilm where most of them remain hosts to the gingival tissues where the tissues have minimal changes. The natural immune response entails the homeostatic system as the first defense line that can recognize the bacteria and triggers the immune systems to fight back. Along the innate immunity is the adaptive immunity cells believed to be critical in the pathogenesis scenes of the periodontal disease, the T-cells, and B-cells. The periodontal epithelium offers a physical barrier to the infection and also plays active roles in the host defense of the innate because the epithelial cells are usually in contact with the bacterial products. The innate immunity is appreciated for its abilities to recognize bacteria as non-self agents because of the available microorganisms PAMPs in the bacterial wall acknowledged by the pattern recognition receptors on the surfaces of the immune wall. The adaptive immune system is usually activated in cases where there has been a breach in the epithelial barrier along with the antimicrobial peptides and the other elements found in the innate system. Inflammatory and the immune responses have been found to dynamically interact even though the majority of the responses have been declared immunological. Many research papers have pointed out the significance of the regime in the case of the periodontal infection and the role it is playing in the protection against the pathogenic bacteria. References Siegel, E. Weihe, M. Bette, R. M. Nsing, L. Flores-de-Jacoby and R. Mengel. (2007) The effect of age on prostaglandin-synthesizing enzymes in the development of gingivitis. Journal of Periodontal Research 42:3, 259-266. Dickinson, B.C.; Moffatt, C.E.; Hagerty, D.; Whitmore, S.E.; Brown, T.A.; Graves, D.T.; Lamont, R.J. (2011). Interaction of oral bacteriawithgingivalepithelialcellmultilayers. Mol. Oral Microbiol. 26, 210220. Di Turi, C. Riggio, O. Vittorio, S. Marconcini, F. Briguglio, N. Funel, D. Campani, A. Barone, V. Raffa and U. Covani. (2012) Sub-Micrometric Liposomes as Drug Delivery Systems in the Treatment and Periodontitis. International Journal of Immunopathology and Pharmacology 25:3, 657-670. Guggenheim, B.; Gmur, R.; Galicia, J.C.; Stathopoulou, P.G.; Benakanakere, M.R.; Meier, A.; Thurnheer, T.; Kinane, D.F. (2009). In vitromodeling of host-parasite interactions: The subgingival biofilm challenge of primary human epithelial cells. BMC Microbiol. 9, doi:10.1186/ 1471-2180-9-280. Javed Ali, K. Pramod, M. Abu Tahir and S.H. Ansari. (2011) Autoimmune responses in periodontal diseases. Autoimmunity Reviews 10:7, 426-431 Kenneth S. Kornman. (2008) Mapping the Pathogenesis of Periodontitis: A New Look. Journal of Periodontology 79:8s, 1560-1568. Li, Y.; Sun, M.; Huang, S.; Yu, H.; Chokhawala, H.A.; Thon, V.;Chen,X. (2007). The hd0053gene of Haemophilus ducreyiencodes an 2,3-sialyltransferase. Biochem. Biophys. Res. Commun. 361, 555560. Mikihito Kajiya, Gabriela Giro, Martin A. Taubman, Xiaozhe Han, Marcia P. A. Mayer and Toshihisa Kawai. (2010) Role of periodontal pathogenic bacteria in RANKL-mediated bone destruction in periodontal disease. Journal of Oral Microbiology 2:1, 5532. Peyyala, R.; Kirakodu, S.S.; Novak, K.F. (2012). ; Ebersole, J.L. Oral microbial biofilm stimulation of epithelial cell responses. Cytokine 58, 6572. Peyyala, R.; Ebersole, (2013). J.L. Multispecies biofilms and host responses: Discriminating the trees from the forest. Cytokine, 61, 1525. Paino, A.; Tuominen, H.; Jskelinen, M.; Alanko, J.; Nuutila, J.; Asikainen, S.E.; Pelliniemi, L.J.; Pllnen, M.T.;Chen,C.;Ihalin,R. (2011). Trimericformofintracellular ATP synthase subunit beta of Aggregatibacter actinomycetemcomitansbinds human interleukin-1beta. PLoS One 6, e18929. Paino, A.; Lohermaa, E.; Sormunen, R.; Tuominen, H.; Korhonen, J.; Pllnen, M.T.; Ihalin, R. (2013). Interleukin-1is internalised by viable Aggregatibacter actinomycetemcomitansbiofilm and locates to the outer edges of nucleoids. Cytokine2012,60, 565574. Int. J. Mol. Sci. 1417235 Paino, A.; Ahlstrand, T.; Nuutila, J.; Navickaite, I.; Lahti, M.; Tuominen, H.; Vlimaa, H.; Lamminmki, U.; Pllnen, M.T.; Ihalin, R. (2013). Identification of a novel bacterial outer membrane interleukin-1beta-binding protein from Aggregatibacter actinomycetemcomitans. Simone Marconcini, Ugo Covani, Antonio Barone, Orazio Vittorio, Michele Curcio, Serena Barbuti, Fabrizio Scatena, Lamberto Felli and Claudio Nicolini. (2011) Real-Time Quantitative Polymerase Chain Reaction Analysis of Patients With Refractory Chronic Periodontitis. Journal of Periodontology 82:7, 1018-1024. Stathopoulou, P.G.; Benakanakere, M.R.; Galicia, J.C.; Kinane, D.F. (2010). Epithelial cell pro- inflammatory cytokine response differs across dental plaque bacterial species. J. Clin. Periodontol. 37, 2429. Umeda, J.E.; Demuth, D.R.; Ando, E.S.; Faveri, M.; Mayer, M.P. (2012). Signaling transduction analysis in gingival epithelial cells after infection with Aggregatibacter actinomycetemcomitans. Mol. Oral Microbiol. 27, 2333. Vardar-Sengul, S.; Arora, S.; Baylas, H.; Mercola, D. (2009). Expression profile of human gingival fibroblasts induced by interleukin-1beta reveals central role ofnuclear factor- kappa b in stabilizing human gingival fibroblasts during inflammation. J. Periodontol. 80, 833849.

Saturday, November 30, 2019

Should Juveniles Be Tried as Adults

The current judiciary system faces a controversy while treading juveniles committing serious crimes. On the one hand, youth falling under the category from 12-17 should not be tried in the adult court system because of their emotional immaturity and inability to control their impulses.Advertising We will write a custom essay sample on Should Juveniles Be Tried as Adults? specifically for you for only $16.05 $11/page Learn More On the other hand, individuals committing as severe crimes as adults do should undergo severe punishment. Such a perspective raises a number of questions concerning the reasonableness of the current juvenile systems, as well as measures that should be taken while treating difficult teenagers. In this respect, there should not be a clear distinctions between juveniles arrested for crimes of various degrees of severity. Nevertheless, teenagers cannot be tried as adults because of their psychological immaturity, distinct competence, a nd greater potential for psychological change. Certainly, there are some obvious cases of juvenile cruelty that do not permit community to consider the case because of teenager’s emotional instability and family problems. Murder cannot be justified by all means. However, society must not â€Å"†¦give up hope of rehabilitating a child who commits a crime† (Clouse 599). Teenagers are not stable enough in terms of their emotional perception of the surrounding events. Due to the lack of a healthy family environment, as well as other cases of social pressure, they often resort to measures that rigidly contradict the norms accepted in a civilized society. Therefore, if there is a chance to save a child from custody, the social institutions should take advantage of it. In addition to the above-presented deliberations, there is a plethora of studies supporting juvenile rehabilitation rather than adult imprisonment. Specifically, the researchers agree that giving an opport unity for a teenager to go through a juvenile system with rehabilitation, education, counseling, and mentoring increases the possibility for an individual to become a normal member of society. In contrast, a child serving in an adult jail is unlikely to adjust to a society (Steinberg 603). Indeed, there should be experienced counselors and psychologists that can train problematic youth to control their unstable and immature emotions and understand the consequences of their actions. Finally, earlier identification of teenagers’ psychological problems can reduce the number of crimes in future since many adult criminals resort to outlaw actions since their young years.Advertising Looking for essay on criminal law? Let's see if we can help you! Get your first paper with 15% OFF Learn More Certainly, it is impossible to sentence all adolescents to equal punishment due to the different degrees of crimes they commit. Moreover, most of juveniles should be transferred to adult prisons for the safety of teenagers whose crimes are less severe (Collier 610). Such a decision can contribute to safety measures in such institutions. Most of the problematic children face misconception on the part of adults and, therefore, the task of a counselor is to notice such children before they pose threat to society. Reconsidering the overall situation with juvenile delinquency is crucial to create new circumstances under which these criminals will be treated. Despite the fact that teenagers are capable of committing serious crimes as adults, the government should still reevaluate their outlook on juvenile system. Certainly, some teenagers deserve to be tried as adults regarding their severe crimes. Nevertheless, their emotionally unstable characteristics provide greater chances for them to revamp their social perception and restore the accepted moral and social values. Therefore, youth committing serious crimes should be taken under the control of counselors whose primary goal is to identify such teenagers before they infringe the law. Works Cited Clouse, Barbara Fine. â€Å"Little Adult Criminals† Patterns for a Purpose: A Rhetorical Reader. Ed. Barbara Fine Clouse US: McGraw-Hill Humanities, 2010. 599-601. Print. Collier, Linda J. â€Å"Adult Crime, Adult Time† Patterns for a Purpose: A Rhetorical Reader. Ed. Barbara Fine Clouse US: McGraw-Hill Humanities, 2010. 608-611. Print. Steinberg, Laurence. â€Å"Should Juvenile Offenders Be Tried As Adults†. Patterns for a Purpose: A Rhetorical Reader. Ed. Barbara Fine Clouse US: McGraw-Hill Humanities, 2010. 602-606. Print.Advertising We will write a custom essay sample on Should Juveniles Be Tried as Adults? specifically for you for only $16.05 $11/page Learn More This essay on Should Juveniles Be Tried as Adults? was written and submitted by user Caiden Buchanan to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Tuesday, November 26, 2019

Motion to Determine Property of the Estate Essays

Motion to Determine Property of the Estate Essays Motion to Determine Property of the Estate Paper Motion to Determine Property of the Estate Paper Morgan and/or Edwards Company, LLC (Edwards Children) that the Probate court awarded her Copyrights and Royalties under a executed but not approved document entitled Settlement Agreement dated July 30, 1997 as well as a co-Publishing agreement which Arose out of this agreement. See both agreements attached hereto as Composite Exhibit C. 7. In October 2011, in the MARCI v Jess S. Morgan litigation, Richard Mandela of Jess S. Morgan Co testifies that the document dated July 30, 1997 was Probate Court Approved see Declaration of Richard Mandela attached hereto as Exhibit D. Counsel for Jess S. Morgan and BECK, LLC have alleged that the July 9, 1997 Stipulated Agreement is not on the Probate Court Record (See Doc 103 Page 2 paragraph 6 Attached hereto as Exhibit F On February 15, 2012 Counsel for Jess S. Morgan says Earlier you heard Mr Jennies say that theres a dispute over which of the agreements in the probate court and ask Judge, Judge, which one did you mean? when in fact all is was, was a mediated settlement agreement thats pretty broad, and then that mediated settlement was refined down, and again this was many years and years ago. Mrs Edwards was presented by counsel, and thats what the dispute is ultimately going to be about See Transcript Page 28 Line 14-25 (Exhibit F) 4 The alleged Co-publishing Agreement contains a fake Probate Court Stamp in the Top Right Corner that Reads Received September 5, 1997 The Westport Probate Court has confirmed that this is NOT the official Seal of the Westport Probate Court and this alleged agreement is Blank and completely unexpected in the Sealed File. Page 2 of 12 8. On or about November 27, 2012 after over a year of extensive investigation and due diligence by Consultant Eric Moore, the Westport Probate Court determined that Eries theory of the Case was correct and Ms. Edwards was only bound by the Probate Corresponded Stipulated Agreement dated July 9, 1997. 9. The Copyrights and Royalties Including Administration Rights subject to Adversary 641 are already Property of the Estate because the debtor has possession of the recovered title, as these issues have already been adjudicated, and therefore the litigation is moot. 0. Collateral Estoppels principles are applicable to a subsequent proceeding only if: 1) the identical issues were presented in a prior proceeding; 2) there was a full ND fair opportunity to litigate the issues in the prior proceeding; 3) the issues in the prior litigation were a critical and necessary part of the prior determination; 4) the parties in the two proceedings were identical; and 5) the issues were actually litigated in the prior proceeding. Porter v. Saddlebags Resorts, Inc. , 679 So. Ad 1212, 1214815 (Flaw. Didst. Ct. App. 996) (citing Depot of Health and Rehab. Serves. V. B. J. M. , Copyright and Royalties rights have already been adjudicated by a Court, and so the issue surrounding the ownership of the property to Adversary 641 is moot. 11. The courts have emphasized that Collateral Estoppels precludes re-litigation of issues actually litigated in a prior proceeding. B. J. M. , 656 So. Ad at 910 As with res Judicial, collateral Estoppels is an affirmative defense, and the party asserting it bears the burden to show that such an issue was formerly determined with sufficient certainty. Freewheeling v. MAGIC Financial Corp , 437 So. Ad 191, 193 (Flaw. Didst. Ct. App. 1983). It would be unjust to re-litigate the prior Courts findings as to the Copyright and Royalties rights. 5 The Debtor needs to file the Recovered title dated July 9, 1997 with the Copyright Office and Royalty payers so that the Future Royalties will be paid to her directly, absent a Certified Probate Court Approved Copy of the Alleged Shipbuilding Agreement the Payers will not Pay Jess S. Morgan or any other entity except the debtor who is the Real Owner. Page 3 of 12 12. Creditor, Eric Moore fulfilled his obligations under the Consulting Agreement by determining and locating copyrights and other assets due to the debtor. This recovered Title procured by Moore and Referenced by Debtors bankruptcy Counsel David Jennies in open court on February 15, 2012 has enhanced the Estate by at least $25,000,000. Per independent appraisal, the total value of the debtors Copyrights is now roughly Moore reasonably relied upon the promise of the debtor made under the Consulting Agreement, and in return fulfilled his own obligations under the agreement. Because of that reliance Moore has been injured or damaged. Under the legal doctrine of promissory estoppels, Moore is entitled to payment under the Consulting Agreement. This determination and recovered title procured by Moore is performance of the agreement. 13. ADMISSION: Debtor Bambini Hearer-Edwards has admitted to this court, ownership of name Copyrights at issue in Paragraph 1 of Debtors Chapter 11 Case Management Summary, in Turnover Motions, in her Disclosure Statement, as well as in Court. See debtors adversary complaint filed on July 29, 2012. In fact, the Bernard Edwards State and Bernard Edwards Estate Federal Taxes clearly reflect that the Governing Agreement is dated July 9, 1997. The State and Federal Taxes were filed and paid in June 1999 by Jess S. Morgan according to this agreement, taxes were paid on the Administration Rights, Publisher Share, Writers Share, Producer Royalties and Artist Royalties See attached, therefore Ms. Edwards OWNS those rights. Exhibit E. 6 The $37,000,000 dollar valuation includes the Recovered Copyrights and her Historical Royalties which Appraised at roughly $12,000,000 dollars, this amount does not include any unpaid or underpaid royalties. Debtors pre-petition Entertainment Counsel Signed an Affidavit in support of Mr Moors performance of the Consulting Agreement 8 The Recovered Title procured by Moore is used in Adversary 641 Page 4 of 12 15. PROBATE COUNSEL OPINION: BY the Debtors own admission her probate Counsel, Boone Weinstein have confirmed that the July 9, 1997 Stipulated Agreement was 10 proved by the Westport Probate Court on September 4, 1997. See Adversary Complaint 247, Document 1, Paragraph 29. 16. The adverse Possessor(s) in this Case are Jess S. Morgan and/or Bernard Edwards Company, LLC and to some degree 1 1 Warner Chapel, as neither party has provided a Certified Probate Court Copy of the Document dated July 30, 1997 or the Co- publishing Agreement dated August 21, 1997 or July 21, 1997 with court orders attached. These Documents were not approved by the Westport Probate Court and the Co-pub doesnt even appear in the Probate Card Catalog of that Court, in fact the Corner, Therefore clear title could not and did not pass to Jess S. Morgan, Wallace Frisson, Bernard Edwards Company, LLC or earners Chapel under the Co- publishing Agreement or the Document Entitled Settlement Agreement Dated July 30, 1997 from the Estate of Bernard Edwards. See attached Probate Card Catalog and Letter from the Westport Probate Court attached hereto as Exhibit F. DISCUSSION 17. Bankruptcy Code 5541 (a) provides that when a debtor files a petition, an estate is created consisting of all legal or equitable interests of the debtor in property as of the commencement of the case. 11 U. S. C. 5541 (all) (emphasis added). Congress intended said section 9 Boone Weinstein acknowledge in writing on December 10, 2012 that they Received Documents and a Summary All Prepared by Eric Moore 10 The Probate Court Confirmed to me in writing on November 27, 2012 that the alleged Co-publishing Agreement and July 30, 1997 document were not Probate Court Approved and had No corresponding Court Orders attached. 11 Warner Chapel is the actual Publishing Administrator but they have no agreement with the debtor and the 10% fee has never appeared on the debtors royalties Statements, for the last 15 ears she was mislead and informed that Jess S. Morgan or BECK, LLC were her administrator and therefore charged her a 5% fee (See Exhibit D Paragraph 4) 12 Warner Chapel plead that the Debtor was bound by the agreement dated July 30, 1997 that arrived to the Probate Court on August 28, 1997, See Doc 98 Page 3 Paragraph 7, this alleged Settlement Agreement Was not approved by the Westport Probate Court and the Co-publishing Agreement that Arose out of it contains a Fake Probate Court Stamp Page 5 of 12 to be construed as broadly as possible to encompass all types and kinds of property. Matter of Hundreds, 85 B. R. 99, 1003 (Banks. S. D. Iowa 1988). As such, all legal or equitable interests of Debtor Hearer-Edwards needs to be ascertained by this Court for the purpose of distribution and/or the creation of the debtors plan. 18. The alleged Settlement Agreement dated July 30, 1997 was not approved by the Probate Court and is therefore a false document. The alleged Co-publishing Agreement arose out of that Unapproved July 30, 1997 Settlement Agreement and is, therefore also false. It is well settled that one cannot rely upon a document that has sprung forth from a false document. This is considered fruit of the poisonous tree. Although that legal doctrine is typically relied upon in criminal matters, the concept has also tree) of the evidence or evidence itself is tainted, then anything gained (the fruit) from it, is tainted as well. The Co-publishing Agreement cannot be valid because it sprung forth from a Settlement Agreement that was never approved by the Court. Fruit of the poisonous tree. Further, presenting the July 30, 1997 Settlement Agreement as a court approved document is fraud. A contract procured by fraud is unenforceable by the wrongdoer. The issue of whether a contract procured by fraud s void as to the wrongdoer is a matter of law. The standard of review of decisions of law is De novo. See Execute Bus. Sys. V. New OZ Paper Co. , 752 So. Ad 582 (Flaw. 2000). 19. Florists well-established public policy is not to permit nor tolerate a person to benefit from his own wrongful acts. Florida Federal Courts have enunciated the policy in Showed v. Patterson, 49 So. Ad 848, 849 (Flaw. 1951) holding that no one shall be permitted to profit by his own fraud, or take advantage of his own wrong, or found any claim upon his own inequity, or profit by his own crime. This basic and monumental principle has been applied to contracts. In Florida, [a] contract procured through fraud is never binding upon an innocent party thereto. As to him, such contract is avoidable; as to the wrongdoer, it is void. (emphasis added) Florida East coast Railway co. V. Thompson, 111 so. 525, 527 (Flaw. 1927); Winter park Telephone Co. V. Strong, 179 So. 289 (Flaw. Page 6 of 12 1937); Deforested v. Public super Markets, Inc. , 648 so. Ad 1256 (Flaw. 4th DC 1995); Buchanan v. Clinton, 293 so. Ad 120 (Flaw. 1st DC 1974). 20. When a contract is void as to a party, the contract is unenforceable by that party, and hat party cannot recover under the contract at law or in equity. Shall v. Race, 135 So. Ad 252, 257 (Flaw. Ad DC 1961). Florists public policy prohibits a person who procures a contract by fraud to benefit from his fraudulent acts at the expense of the innocent party. In furtherance of this policy, the First District Court of Appeal stated: [C]routs have an affirmative duty to avoid allowing a party who violates public policy to receive any substantial benefits from his or her wrongdoing. Thus, as a general rule, if the enforcement of a contract is contrary to the public policy of the forum Tate, the contract need not be enforced. This rule is based on the rationale that there can exist no legal remedy for that which is itself illegal. Title Trust Co. Of Florida v. Parker, 468 So. Ad 520, 521 (Flaw. 1st DC 1985) (citations omitted). (emphasis added) Based upon these clear and concise precedents, as well as public policy, the Settlement Agreement dated July 30, 1997 and the Co-publishing Agreement dated August 21, 1997 are void and unenforceable as a matter of law. 21. And is the result of a confidential and court-approved settlement agreement (Settlement Agreement) dated July 30, 1997 Paragraph 7 of Mandelas Declaration), is a violation of Flaw. Stats. S 92. 525 Verification of documents; perjury by false written declaration. S 92. 525(2) states: (2) A written declaration means the following statement: Under penalties of perjury, I declare that I have read the foregoing [document] and that the facts stated in it are true, followed by the signature of the person making the declaration, except when a verificat ion on information or belief is permitted by law, in which case the words to the best of my knowledge and belief may be added. The written declaration shall be printed or hyped at the end of or immediately below the document being verified and above the signature of the person making the declaration. It has been proven by a preponderance of the evidence that Richard Mandelas Declaration is untrue because this alleged court-approved document does not appear anywhere in the Courts log. Further, pursuant to Flaw. Stats. S 92. 525(3): A person who knowingly makes a false declaration under Page 7 of 12 subsection (2) is guilty of the crime of perjury by false written declaration, a felony of the third degree, punishable as provided in s. 75. 082, s. 775. 083, or s. 75. 084. So there may be other issues at play here as well, criminal issues, regarding presenting false, so-called court approved documents when they have never been court- approved. Jimmy D. Parrish, Sees. , attorney for Jess S. Morgan, Wallace Frisson and Bernard Edwards Company,LLC. , has stated in open court on February 15, 2013 in the Bankruptcy C ourt, Tampa Division, Case Number 12-BC-15725-CRM, that the full blown settlement agreement outlines that Ms. Edwards is entitled to 37-1/2 percent of an income stream in an interest in the composition -copyright from the compositions. See Hearing Transcript on page 26, lines 13-16, attached hereto as Exhibit F.

Friday, November 22, 2019

Free sample - Corporate Labor Relations. translation missing

Corporate Labor Relations. Corporate Labor RelationsLabor relations are an expansive concept which mostly guides the relationships between employers and employees. While labor relations are mostly applied when the relationship involves employees in trade unions but also they can apply for those not in unions. Labor relations are integrated into a national policy on labor.   The government and a nation’s various regulations provide to the industry principles regarding the treatment of employees. In the United States of America, labor relations gained a huge boost with the passage of the National Labor Relations Act in the year 1935. The National Labor Relations Act gave most employees these rights. The case was upheld by the high court around the year 1937. The National Labor Relations Act 1935 also advocates for affirmative action. Affirmative action refers to an employer giving equal employment opportunities to the employees (Ackers, 2003; Kaufman, 2004). The employer is not supposed to discriminate the employees along whatever line be it race, color, religion, origin, sex, age, citizenship or even disability. Any discrimination based on whatever characteristics would be treated as a breach of labor relations and rights. Forms of breach of labor relations Many organizations in the US have for long time discriminated workers along the lines of race. Many organizations in the United States of America absorb whites at the expense of the black Americans. If all the unemployed black Americans were to replace the employed white workers only 1 per cent of the whites will be affected. This shows how important the affirmative action is and all the employers need to be compelled to adopt it. The other phenomenon of breach of the labor relations is captured in the poor working conditions. This means that they are not entitled to any benefits, their pay is poor and they cannot join the existing trade unions. With such working conditions, those casual workers operate as if they do not have rights. The labor relations call for employers to ensure job security for all their employees. Many organizations do not allow for permanent terms which require the employee to sign for appointment contract which stipulates the terms and conditions of the job including the grounds and arrangements upon which an employee can be laid off. Breach of labor relations is always illegal. This is because it violates human rights. It also breaks the law governing labor in the United States of America. As a result breach of labor relations is a civil case answerable in a court of law. National Labor Relations Act 1935 of the US has quite a number of options to deal with such case of breach of labor relations. One of the common options is by ensuring that the complainant is fully compensated for any damages. The compensation can be monetary or incase the employee was laid off to be reinstated. Another option is fining the organization and letting the fine go to the government’s kitty. The organization can also be compelled to adopt the regulation and execute it to all its employees. This will ensure that employees get more permanent terms, job security, better pays, form trade unions which can fight for their rights when need be. In conclusion, there are two broad forms which breach of labor relations can take. The first form of breach includes discrimination of the person along a given line For instance. color or race. This influences who gets a job and who does not. The other form is as a result of violating human rights For instance. poor working conditions.

Wednesday, November 20, 2019

Remote Sensing - Design of a Spaceborne Sensor Essay

Remote Sensing - Design of a Spaceborne Sensor - Essay Example For these earthquakes prediction and monitoring, lots of works are being done and lots more are in progress. These include a wide range of technologies such as seismographs, accelerometers and satellite imagery. All provides information having vital importance depending on area and costs. The upcoming technologies are thought to have more significant features that hopefully are able to predict the earthquakes with more accuracy and vivid predictions that will help to mitigate the population even before the earthquake would have occurred. Earthquakes are occurred by the movement of ground due to insufficient stress and strain in the earth’s tectonic plates. It could cause devastating effect when it magnitudes are high and the duration of the earthquake is also high. The death toll could increase to thousands within seconds after the earthquake of high intensity has occurred. The devastating effect also depends on the quality of the infrastructure and more importantly the prepar edness for the disaster. In most cases, because of the rapid ground shaking without any warnings and early signs usually there is a lot of destruction because it is not easy to predict when the earthquake will occur. According to the EAS, The effect of earthquake includes landslides, shaking, tsunamis and liquefaction (EAS, 2011). Most of the death toll is due to the collapse of the infrastructure whereas other reasons also exist. The post traumatic stress disorder is also a reason for the death toll to rise even after the earthquake. Here are some pictures of earthquake destruction as follows There are different methods by which the earthquakes are determined. These methods includes the use of different wavelengths for predicting the change in the structures of the rock, the light that is reflected from the minerals present in the rocks and also the use of graphs that monitors different waves that are caused because of the movement of the tectonic plates. The different methods that are used are stated below that either monitor is used to predict the future earthquakes that are likely to happen. Space borne sensors:- The space borne sensors are used in many different fields and the one important filed is used to predict the earthquakes and study the behavior of rocks that are altered after the earthquakes. The land Sat satellite is used in different field that includes the field of the geologist. It travels in different directions and with the help of the earth’s revolving around the axis, with the help of electromagnetic waves it takes the snaps and are compared with previous data and experts by making calculations can predict where might the next earthquake could occur. The diagram below shows its behavior of working. With the help of geologic maps that are taken from the satellites, the seismologists evaluate the seismic activity and it helps them to predict the earthquake, though not utmost success but still helps to widen the knowledge. According t o NASA the magnitude 9.0 earthquake struck and these images were found very helpful in determining the earthquake destruction (NASA, 2007). Boeing Constant WC-135 Phoenix: - It is a military aircraft that is used by The United stated for determining the nuclear and seismic activity on the ground and it is found to be very helpful in determining the situations. In certain cases because of the nuclear activity is altered due to earthquakes because of