Monday, July 22, 2019
Central Excise Duty Essay M/s. Technocraft Enterprises (hereinafter referred to as Ã¢â¬Å"the said assesseeÃ¢â¬ ) Plot No. 518, Adinathnagar, GIDC, Odhav, Ahmedabad were engaged in the manufacture of Roll for Rolling Mills and parts falling under Chapter 84 of Central Excise Tariff Act, 1985. 2.During the course of search operations carried out by the officers of Central Excise (Prev.), Ahmedabad-II at their factory premises, it was revealed that the said assessee had illicitly cleared certain goods without entering them in their records and without including the same in their clearance value during the year 2004-05 and 2005-06 their factory. 3.A Show Cause Notice was issued by the Asstt. Commissioner, Central Excise, Division-III, Ahmedabad-II demanding duty of Rs. 3, 08,485/- along with consequential interest and penalty under Section 11AB 11AC of the Central Excise Act, 1944. 4.The above Show Cause Notice was adjudicated by the Assistant Commissioner, Central Excise, Division-III, Ahmedabad-II vide OIO No. MP/78/Offence/07-08 dated 31.03.2008 confirming the above demand, interest and penalty equal to the duty amount. A penalty of Rs. 10,000/- was imposed on Shri Prakashbhai M. Shah, Partner of M/s. Technocraft Enterprises. The assessee had already paid the duty amount willingly vide TR-6 Challan No. 12 dated 31.07.2006. 5.Being aggrieved by the impugned order, the said assessee had filed appeal along with stay application before the Commissioner (Appeals-I), C. Ex.,Ã Ahmedabad. The stay application was disposed off vide stay order No. 37(Ahd-II)/2008 dated 09.07.2008 wherein under Provision of 35F of the CEA, 1944, the said assessee was directed to pre-deposit 100% of the penalty imposed under the impugned OIO. The assessee complied with the direction of Stay order and pre-deposited penalty amount of Rs. 3,08,485/- vide TR 6 Challan dated 29.07.2008. The Commissioner (Appeals-I), Central Excise, Ahmedabad vide his OIA No. 154/2008(Ahd-II) CE/ID/Commr. (A)/Ahd dated 16.12.2008 upheld the Order in Original No. MP/78/Offence/07-08 dated 31.03.2008 and rejected the appeal filed by the said assessee. 6.Being aggrieved by the OIA, the said assessee filed an appeal before HonÃ¢â¬â¢ble CESTAT, Ahmedabad. The appeal was disposed off by the HonÃ¢â¬â¢ble CESTAT, Ahmedabad vide Order No. A/34-35/WZB/AHD/10 dated 30.12.2009 to the extent that the penalty imposed on the appellant and paid by them is required to be reduced to 25% of the duty. Accordingly the impugned order was modified and penalties reduced to 25% of duty demand. Hence, the assessee applied for the refund of amount of excess penalty pre-deposited by them vide TR 6 Challan dated 29.07.2008 which was sanctioned vide OIO No. MP/36/Refund/10-11 dtd. 01.04.2010. 7.Meanwhile being aggrieved with the CESTAT Order, Department filed an appeal before HonÃ¢â¬â¢ble High Court of Gujarat on 22.03.2010, and hence the refund claims of Rs. 2,31,364/- erroneously granted to the assessee vide OIO No MP/36/Refund/10-11 dtd. 01.04.2010 by this office was required to be recovered under Section 11A of the Central Excise Act, 1944 along with applicable rate of interest. 8.Therefore, M/s. Technocraft Enterprises, were called upon to show cause to the Deputy Commissioner of Central Excise, Division-III, Ahmedabad-II as to why the refund claim of Rs. 2,31,364/- granted erroneously vide OIO No. MP/36/Refund/10-11 dated 01.04.2010 should not be recovered from them under Section 11A (1) of the Central Excise Act, 1944 along with applicable rate of interest. Defense Reply and personal hearing: 9.The assessee vide their written submission dtd. 16.02.2012 have drawn attention to the High Court Order dated 12.01.2011 and have stated that as the DepartmentsÃ¢â¬â¢ tax appeal has been dismissed by the HonÃ¢â¬â¢ble High Court of Gujarat, the show cause notice may be quashed. Personal Hearing: 10.Personal Hearing was held on 16.02.2012. On behalf of the assessee, Shri Jay Kataria, working as an accountant with the said firm appeared for the hearing and re-iterated the submission made in their written reply dated 16.02.2012. He had nothing more to add. FINDINGS 11.I have carefully gone through the records of the case and the defense reply submitted during the Personal Hearing of the case. I find that the controversy involved in the present case stands concluded against revenue by the decision of the HonÃ¢â¬â¢ble High Court vide Order dated 12.01.2011 in the Tax Appeal No. 736/2010. In the circumstances, there is no need to go into details; I find that the show cause notice is not sustainable.
Sunday, July 21, 2019
Sports Biomechanics and Functional Anatomy Introduction: Biomechanics is the sport science field that applies the laws of mechanics and physics to human performance, in order to gain a greater understanding of performance in athletic events through modelling, simulation and measurement (Wood, 2009). According to Mcginnis, (2004), Biomechanics is useful to sports and can identify what forces may have caused an injury, how to prevent the injury from recurring and what exercises may assist for injury rehabilitation. It can be used for alternations in technique, equipment or training to prevent or rehabilitate injury. The general role of Biomechanics is to understand the mechanical cause-effect relationships that determine the motions of living organisms. In relation to sport, Biomechanics contributes to the description, explanation, and prediction of the mechanical aspects of human exercise, sport and play. Sports biomechanics offers methods by which the very fast actions which occur in sport can be recorded and analysed in detail. An importa nt application of sports biomechanics with any sport is the definition and understanding of skills. This can help in the coaching process and as a result enhance the learning and performance of those skills (Reilly and Williams, 2003). When looking at golf it is clear to see a lot of skill is involved during the swing. Hung and Jani, (2004) stated that the golf swing is one of the most complex biomechanical motions a human can make in sport. The aim of the golfer must be to make a consistent strike of the ball to propel it in the desired direction for a given distance. Furthermore the hip plays an important role in the golf swing. The Hip joint: The hip joint is one of the largest and most stable joints in the body. It is a ball and socket joint that consists of the head of the femur connecting with the acetabulum of the pelvic girdle. The pelvic girdle, including the hip joint plays an important role in the supporting the weight of the body while offering mobility by increasing the range of motion in the lower extremity. The acetabulum is the concave surface of the ball and socket joint, facing anteriorly, laterally and inferiorly. Furthermore the spherical head of the femur fits snugly into the acetabular cavity, giving the joint both congruency and a large surface. Both the femoral head and the acetabulum have large amounts of spongy trabecular bone that facilitates the distribution of the forces absorbed by the hip joint (Floyd and Thompson, 2001; Nordin and Frankel 2001; Uys, 2004). Ligaments of the hip: According to Callaghan et al, (2006) several strong ligaments reinforce the capsule of the hip joint. These include the iliofermoral ligament, the pubofemoral ligament and the ischiofemoral ligament. The iliofemoral ligament is the strongest ligament in the body and helps to prevent extension of the femur when the body is standing erect. It is a Y-shaped band of very strong fibres that connects the lower front iliac spine of the coxal bone to a bony line (intertrochanteric line) extending between the greater and lesser trochanters of the femur. However the pubofemoral ligament extends between the upper portion of the pubis and the iliofemoral ligament. Its fibres also blend with the fibres of the joint capsule of the hip joint. The ischiofemoral ligament is made up of a band of strong fibres that originate on the ischium just behind the acetabulum. These fibres blend with the fibres of the joint capsule of the hip. (Pickering, 2009) Muscles of the Hip: The muscles of the hip joint are those muscles that cause movement in the hip. Most modern anatomists define 17 of these muscles, although some additional muscles may sometimes be considered (Mind Body Motion, 2007). These are often divided into several groups. These muscles control the movements of the hips. According to Ãâ"zkaya et al, (1999) the psoas, iliacus, rectus femoris, pectineus and tensor fascia latae are the primary hip flexors. These are also used to carry out activities such as running, walking and kicking. The gluteus maximus and the hamstring muscles are hip extensors. The gluteus medius and gluteus minimus are hip abductor muscles providing for the inward rotation of the femur. The gluteus medius is also the primary muscle group stabilizing the pelvis in the frontal plane. The adductor longus, adductor brevis, adductor magus and gracilis muscles are the hip adductors and also provide for the outward rotation of the femur. Movement of the hips: The hip joint allows for the greatest range of movement as it has the capacity to move in three planes, about three axes. It also has a great deal of mobility, which allows normal locomotion in the performance of daily activities. Kolt and Mackler, (2003), state that the hip joint has three degrees of freedom of motion which include flexion-extension in the sagittal plane, abduction-adduction in the frontal plane (figure 3.2) and external-internal rotation in the transverse plane. Golf The modern golf swing has evolved with this use of technology, both in equipment and analysis; as well as the physical training the golfers now go through. The golf swing is a very complex body motion, involving a large range of movement of the upper limbs that act as a link between the golf club and the body, with the lower limbs acting as the main movement promoting areas. Limitations in the body in terms of flexibility, muscular strength, endurance, or power can create faults in the swing from a biomechanical perspective. As a result, most of the successful golfers in the world today, are relatively fit, flexible and strong compared to in the older generation of golfers. Improved technology in gyms has given golfers the opportunity to strengthen specific and key muscles used in the swing. Hip rotation is very important to the effectiveness of the golf swing. According to Hill, (2007), it holds the key to a powerful swing. To increase power and ball-striking ability the hips need to rotate properly during the swing. According to Atherton,(2009), most amateur golfers rotate their hips too far during the backswing, which makes it difficult for them to get their hips to open up to the target at impact, a key component of a successful swing. However, the increased risk of hip injury is a relatively recent hazard for golfers, arising from the greater rotation favoured by the modern golf swing. This adaptation of this technique itself reduced the incidence of low-back injury among golfers. The downswing begins with a forward movement of the hips that, with good golfers, actually begins approximately 0.1 seconds before the club head reaches the limit of the back swing. This moving forward of the hips rotates the whole upper body and moves both levers through the first part of the downswing (Hay, 1993). The forces responsible for this forward movement of the hips and the lesser forces exerted by the same hip and leg muscles later in the downswing have been estimated to account for 2.5 hp of the total 3-4 hp generated in a good drive. Thus it can readily be seen that the muscles of the hips and legs constitute the main source. A series of EMG studies have described the role of the hip muscles during the golf swing (Thain and Alistair, 2002). A study by Tsai et al, (2004), showed that hip abduction strength was significantly higher in better golfers. In addition it stated all the hip movements tended to be stronger in the best golfers who had the lowest handicaps and longest driving distances. In one study performed by the University of Umea in which the muscle activities in 13 male professionals while performing a golf swing were analysed using dynamic surface electromyography (EMG) and the muscle activities were measured in percent of maximum manual muscle testing (MMT) of each muscle. During the forward swing, gluteus maximus, expressed the highest muscle activity during a complete golf swing (84%). This indicates that especially the trailing side, gluteus maximus, is an important hip stabiliser as the golfer shifts the weight to the target side and the golf club begins to accelerate (Grinell, 1999). In golf the hip is especially exposed to high-velocity internal rotation on the downswing, requiring a great deal of eccentric gluteus muscle control. Set-up, ball positon, alignment and posture are essential for a good swing. However according Shamus, ( 2001), the most common characteristic of an improper setup position is failing to use a hip-hinge motion to obtain the primary spine angle. Furthermore evolved technology has made it easier for golfers and coaches to analyse the golf swing and correct mistakes made by the golfer. Technology advances: (ASTAR and Powerstool) The Astar digital video technology is the latest, highly sophisticated software that evaluates and analyses recorded golf swings. This means that golf instructors can literally capture and illustrate every aspect of a students swing to determine and remedy any problem areas. It automatically creates a video file of the entire desire motion (for a golf swing from address to follow-through). Astar includes all necessary functionality to analyze technical performance, hence improve the golf swing by this method of analysis. By using the very latest A Star professional software, golf swings can be analysed from many different angles and a plan can be put in place for the improvement of any golf swing (ASTAR, 2006). The powerstool is another example of advanced technology used to improve the golf swing. It mimics the perfect golf swing as close as possible enabling the golfer to get inot the most efficent position (Strachan, 2009).The powerstool makes sure the golfer achieves the right amount of hip turn and shoulder turn. This helps to reduce tension and strain that is common with over turning. Technology in footwear and insoles has also developed throughout the years making golf shoes more comfortable and blister free. It has also been proven that specific golf shoes reduce injuries of the lower extremities. In addition, according to Light, (2008), the use of custom foot orthoses to change the mechanics of foot function may improve hip extension and create prolonged relief of low back pain symptoms. As a result, they provide a viable alternative to surgery to treat hip and back painmaking it pain free for golfers. Orthoses are also helpful for supporting the arch of the foot, offloading specific pressure points in the foot, and cushioning the heel. Furthermore it was claimed that orthoses could be a non-invasive approach to improving biomechanics and possibly pain. ECCO golf, (2009) states that their golf shoes use a double-layer inlay sole that ingeniously absorbs heel force, reducing the impact felt by your knees, hip and back. That same heel force is also used to power an air-circulation system that ensures a fresh, dry and cool environment for your feet making it comfortable for the golfer. In conclusion, it is clear to see that technology is evolving a rapid rate with new advances in biomechanical parameters. Advances in analysis and equipment has been proven to improve general performance of all sports and even holds an important role in reducing injury and the rehabilitation of injury.
Anti-trust Law Case Study Landmark: Antitrust Case Study Question 1: Write a 100- word abstract of the case, including the date of the case The essay gives a brief analysis and review of a case in which the government of the United States led to the U.S. Supreme Court. This is the defense of the claim appeal 384 U.S. competition 270 presented by the U.S. government against VON Grocery Co. (Von) in 1966 in the District Court of the United States for the Southern District of California No. 303. Duration was March 22, 1966 and the delivery of a verdict was the May 31, 1966. It was in favor of the defendant. This just reminded demand, government regulators were ignoring situations that occur within its jurisdiction. It was despite his knowledge of the changing developments in market structures that controlled processes. Government regulators failed to switch to a relaxed mood compared to previous legislative procedures necessary reacted to the threats and opportunities of his time. As a result, this led to the prevention of unfair trade practices or disposal of similar economic activities of small-scale business. Key words: VONS GROCERY CO, 384 U.S. 270, Shopping Bag Food Stores and 7 of the Clayton Act. Question 2: Describe the provision of the US Antirust Law invoked to judge the presence of anti-competitive behavior or potential of for moving the industry in that direction. The 1960 merger of Von Grocery Company with competitor Shopping Bag Food Stores (Shopping Bag) whose locations are in Los Angeles, California violated Section 7 of the Clayton Act (n. P Thomson Reuter). Its amendment in 1950 regulates the reasonable termination through the prohibition of mergers and acquisitions, which decreased competition. Even after a new amendment in 1980, remains the main reference point for antitrust law mergers that threatened the United States (Fox Fox). Question 3: Describe the basis for the ruling and action that pertain to all OR some of the following factors: The extent and trend in competition and expected in the future: Industry Structure and trend and projection for the future [based on the past, mostly]; CR4, CR8 and HHI, specially in cases of mergers. The claim of the United States had other modifications as support for their arguments. They were the 1950 amendment to Section 7 of the Celler-Kefauver and Congress sought to preserve competition for small businesses. Was also intended to help companies focus. The court was the agent that was against large companies that use concentrations in markets with increasing centralization of business. He succeeded in divesting after United States v. Philadelphia National. . Bank, 374 U.S. 321 Celler-Kefauver 362 Anti-Merger Act 1950 as amended provides relevant information: That no company engaged in commerce shall acquire all or part of the assets of another company also engaged in commerce, where in any line of commerce in any part of the country, the effect of such acquisition may be substantially to lessen competition or tend to create a monopoly. Question 4: Describe the Ã¢â¬Å"conductÃ¢â¬ in question that has been considered Ã¢â¬Å"anticompetitive:Ã¢â¬ Determine if the defendant had used an anticompetitive Price Strategy and explain how. Likewise, describe any Non-price Strategies the defendant had used and describe how. In investing 233 F. Supp. 976 Richard A. Posner was counsel for the United States. Your tips help were Attorney General Marshall, Assistant Attorney General Turner, Robert B. Hummel, James J. Coyle and John F. Hughes. The defense attorney was William W. Alsup. Your tips help Warren M. Christopher and were William W. Vaughn. As an interested party, the National Association of Retail Grocers of the United States Attorney Bison was Henry J., Jr., as amicus curiae, urging affirmance. MR. JUSTICE BLACK was the judge in the case and give judgment. The date of the original application was March 25, 1960. March 28, 1960, the District Court did not grant the motion of the Government for a restraining order against Von Grocery Company. The latter wanted to acquire tangible capital around the Shopping Bag Food Stores, and the ruling was that not violate the terms of demand. It was a backdoor way of recognizing the merger and showing favoritism to the accused prior to final judgment. The main argument of the defense was that a company was protecting the other from the state of collapse. They merged to protect a stronger competitor. 374 U.S. 321, 362 was the claim that prohibiting such mergers. There were bank loans may have had access and filing for bankruptcy as a financial coverage. The company achieved this when it was about to collapse. He managed to regroup with the help of government agencies and private financial consultants. Question 5: Describe the effect of the defendantÃ¢â¬â¢s Ã¢â¬Å"conductÃ¢â¬ on other firms (or the main rival) in the industry. Von was the third largest grocery market in the retail area Los Angeles on sales while the shopping bag of food was number six in 1958. Their 1960 joint sales rose 7.5% an annual output of two and a half million. Your Los Angeles market seemed too small part of their market to the government to fight. However, if the top ten companies had double combined, their total market share could have been about a third of the retail market of Los Angeles. To be fair to these stores, which had begun as the outgoing neighborhood store many Americans of his generation knew. Ten of the previous twelve years to the merger, the number of stores has increased to a little more than twice their number. The other positive numbers include increased sales and market share. Its merger positioned the number two supermarket chains in Los Angeles. Meanwhile, the discovery of individual owners tennis shops in Los Angeles dropped by nearly two-fifths. In 1963, the numbers continued to decline. The government witnesses lacked a thorough analysis of the facts and figures that the defense had in its possession. For example, from 1949 until 1958, nine of the top 20 competitors chains came into possession of 126 stores smaller rivals. An important defense witness gave details of previous acquisitions and mergers from 1954 to 1961. Apparently they were in the top 10 stores in Los Angeles. You might consider this as an ordinary person and discriminatory legal action. They should also have ground The nine competitors target rivals for smaller parties to legal action. However, the union of the two powers of financial market was a threat to government control in the area of Ã ¢Ã¢â ¬Ã¢â¬ ¹Ã ¢Ã¢â ¬Ã¢â¬ ¹Los Angeles. The government reported data in its reply, the Federal Trade Commission prepared. Question 6: Describe the initial legal action taken against or in-favor of the defendant. The initial legal action taken against the defendant is that the US government accused VonÃ¢â¬â¢s Grocery Company of violating Section 7 of the Clayton Act because it was an attempting to create a monopoly. The company appealed and the District Court ruled in its favour. Also, it is important to mention that the government made accusations against the company because it wanted to purchase a smaller competitor in the retail grocery market that was called Shopping Bag Food Stores. Question 7: Describe any subsequent legal action in the case (such as the Supreme Court), if any. Once the case was resolved there was no subsequent action taken. The decision on the case was repealed by the District Court and it was possible for VonÃ¢â¬â¢s Grocery Company to merge with, and subsequently absorb, Shopping Bag Food Stores. Question 8: Carefully describe how the model of Structure-Conduct-Performance has been applied in the case under consideration. [The weight for this question is 40% of the grade.] The history of the struggle against mergers in the United States began in 1890. At that time, Congress passed the Sherman Act to prevent monopolies. Distrust of Americans back to the founding of the country. Unfortunately, did not protect the smaller companies businessman larger monopolistic pressures. In 1897, the Court ruled that the U.S. government against Trans-Missouri Freight Assn., 166 U.S. 290, 323. In [384 U.S. 270, 275], the Sherman Act did not protect the small businessman. Congressional approval in 1914, 7 of the Clayton Act allowed the merger of corporations through the purchase of shares of its competitors. By contrast, business people find a loophole and bought his opponents assets. A blow to the fight against the Clayton Act device came with the endorsement of Judge Brandeis, Taft chief justice and judges Holmes and Stone in 1926. As a result, there was a reduction in the number of large companies. The action was in 1950 Congress adopted the Celler-Kefauver Anti-Merger Act. Representative Celler and Senator Kefauver main reference was 384 U.S. lawmakers 270, 276 for the period 1940-1947. They used the Brown Shoe Co. v United States, 370 U.S. 294, 315 to argue their points. They and other members of Congress had the same concerns. In contrast, 7 of the Clayton Act had stamps in their lagoon and extending its coverage using 384 U.S. 270, 277. Evacuation This involved mergers between competitors and stop all instances of mergers. The U.S. v National Philadelphia. Banking, led to Amendment 7 to cancel the anti-competitive tendencies. 384 U.S. 270, 279 is another case of reference that allowed the passage of the Celler-Kefauver Act. In United States v. El Paso Gas Co., 376 U.S. 651, 662 defendants El Paso Gas Co. were notified of antitrust charges and declined to postpone divestment from the beginning. Moreover, these two other similar cases of United States v. du Pont Co., 366 U.S. 316; United States v. Alcoa, 377 U.S. 271, 281 are pre-trial demand 384 U.S. 270, 303 which was subjected to analysis. Decisions of typos with the figures presented in court said the government ran a presentation to meet with any person or body quirks. The government regulator requires constant awareness of the impact of legislative developments and industry trends and ongoing. There is the need for external consultants to give their objective on huge demands especially in unknown actions reviews. In such cases, the now useless but necessary demand requires more in-depth research, planning, analysis and the reality of how to fight cases misunderstood use laws. This implies compulsory receive expert help to train the executors. This paper has emphasized that the demands of the past are benchmarks for current and future cases and judgments. Upon focusing on how the SCP paradigm was applied in the case being considered, the first thing to note is that during the 1950s and 1960s, the grocery retail industry was characterized by ownership concentration. In other words, fewer and fewer owners started to own more and more stores (which they would go and absorb from smaller competitors). The structure and conduct of the market was going in the direction of fewer competitors of larger sizes. In the particular case of VonÃ¢â¬â¢s Grocery Company, it may be seen that its sales, when combined with the sales of Shopping Bag Food Stores, represented 7.5% of the total dollar amount of retail groceries sold per year in Los Angeles. Combining this fact by the fact that between the late 1940s and the late 1950s both businesses involved with the merger had doubled in size (measured by the amount of retail stores owned by each), and that the trend was going in the direction of larger (and fewer) competitors, it was decided that there wa s no violation of Section 7 of the Clayton Act. In sum, it was decided that there was no attempt of creating a monopoly, but rather a strategic decision imposed by the market. Works Cited Fox, Byron E. Fox, Eleanor M. Chapter Summary, ABSTRACT TEXT:. LexisNexis Group. 2014. . Web. 21 June 2014. Thomson Reuters. U.S. Supreme Court. Thomson Reuters, 2014. http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=USvol=384invol=270>. Web. 20 June 2014.
Saturday, July 20, 2019
Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã Ã OregonÃ¢â¬â¢s new driving law is going to make a major difference The new law changes the ages of becoming a fully licensed driver. The new program goes in three steps instead of two like the current program. It works like this: When a potential driver is 15, he can get his learners permit. He must have a licensed adult with him at all times while driving. When he turns 16, he can get a license that only allows him to drive during the day and never with any other teenagers in the car when by himself. Then, when he turns 18, he can get a full license. The law is designed to foster the development of maturity in teens, , and the new law has worked successfully in other states. Ã Ã Ã Ã Ã The new driving program is made to fit the maturity level of teens better than the current one. It gives teens a chance to learn to drive, but during the period of time in a teens life that causes, cuts out some of the most major distractions that cause accidents like night driving and when there are other teens in the car. This, many lawmakers believe, should help reduce the number of accidents and car-related deaths drastically. Many young drivers, like myself, hope it will help lower the price of insurance so that we will have a little more money in our pockets for the future. This is one reason why the new law is going to make driving safer. Ã Ã Ã Ã Ã Another big distraction eliminated with OregonÃ¢â¬â¢s new driving law is the presence of other teenagers in the car. Studies have shown that the chance of an accident by a teen driver is greatly increased with the presence of teen passengers. The main theory behind that is that teens like to show off to their piers and in so doing so can kill them because of inexperience or plain stupidity. Many politicians, lawmakers, and drivers hope this will help eliminate a fair amount of the wreckless driving that takes too many peoples lives each year. Ã Ã Ã Ã Ã Another hopeful sign of the new law is that it has already been used in other states showing promising results. Car-related teen deaths and accidents dropped a significant amount in other states like Georgia and South Carolina. Many people are looking forward to seeing those same results here. Ã Ã Ã Ã Ã Many teens donÃ¢â¬â¢t agree with the new law because they want to get their drivers licenses
Friday, July 19, 2019
Consider changes Owen made in Anthem For Doomed Youth. How effective do you find them in presenting the Pity of War? In this essay I intend to analysis how effective the redrafts of the poem 'Anthem For Doomed Youth' by comparing the first and final drafts. I will go about this task by comparing and contrasting the parts of the poem, which have been change to the ones, which appeared in the final draft. The first change that one is confronted with is the change of the title. Owen begins with the word 'dead', which is changed to 'doomed'. The reason for changing this is because it makes the readers first impressions very deep. The word 'doomed' hits closer to home than the word 'dead' as doomed creates image sin the readers mind that all the youth will die as opposed to 'dead' which simply accounts for the dead. The word doomed has a greater impact within the readers mind. The word doomed also has a sense of inevitability about it and those involved have no control over it. It hints to the reader that the youth of the soldiers has been taken away due to the horrific events that they will encounter whilst at war. As youth is meant to be a time of happiness. The overall impact if this change does do a lot for the poem to emphasise the 'Pity of War'. In the first line the soldiers are referred to in the final draft as 'cattle' from the passive verb of 'fast'. The word 'cattle' creates connotations within the readers mind of the slaughtering of the animals and creates a much more violent picture. It also spells out to the reader that the reason for cattle is so they can be slaughter and their existence serves no other meaning which could be linked to the purpose of the troops being in the battle field; t... ...ake an effort but it seems to make war be a petty thing and as soon as darkness strikes everyone puts down guns and waits until morning. Overall the majority of the changes are to make the lines have more impact but some are also to be in with the structure. The poem is in two stanzas, the first seems to create a picture of the entire events of a whole war. Due to the way it talks of battle and then mention remembrance at the end. Due to the language used and the usage of alliteration the stanza seems to have a sense of speed about it and overall creates a very compelling picture of war. The second stanza has a much more religious and emotional view about it. The pace is slowed down and there is much emphasis on the connotations and imagery, which the author crates. The poem is a very true reflection of the way in which life was wasted in World War One.
Thursday, July 18, 2019
Dear Diary, I'm so scared. My heart is pounding, my mouth is dry, and my hands are shaking. I've faced so much and survived: vampires, werewolves, phantoms. Things I never imagined were real. And now I'm terrified. Why? Simply because I'm leaving home. And I know that it's completely, insanely ridiculous. I'm barely leaving home, really. I'm going to college, only a few hours' drive from this darling house where I've lived since I was a baby. No, I'm not going to start crying again. I'll be sharing a room with Bonnie and Meredith, my two best friends in the whole world. In the same dorm, only a couple of floors away will be my beloved Stefan. My other best friend, Matt, will be just a short walk across campus. Even Damon will be in an apartment in the town nearby. Honestly, I couldn't stick any closer to home unless I never moved out of this house at all. I'm being such a wimp. But it seems like I just got my home back Ã¢â¬â my family, my life Ã¢â¬â after being exiled for so long, and now I suddenly have to leave again. I suppose I'm scared partly because these last few weeks of summer have been wonderful. We packed all the enjoyment we would have been having these past few months Ã¢â¬â if it hadn't been for fighting the kitsune, traveling to the Dark Dimension, battling the jealousy phantom, and all the other Extremely Not Fun things we've done Ã¢â¬â into three glorious weeks. We had picnics and sleepovers and went swimming and shopping. We took a trip to the county fair, where Matt won Bonnie a stuffed tiger and turned bright red when she squealed and leaped into his arms. Stefan even kissed me on the top of the Ferris wheel, just like any normal guy might kiss his girlfriend on a beautiful summer night. We were so happy. So normal in a way I thought we could never be again. That's what's frightening me, I guess. I'm scared that these few weeks have been a bright golden interlude and that now that things are changing, we'll be heading back into darkness and horror. It's like that poem we read in English class last fall says: Nothing gold can stay. Not for me. Even DamonÃ¢â¬ ¦ The clatter of feet in the hal way downstairs distracted her, and Elena Gilbert's pen slowed. She glanced up at the last couple of boxes scattered around her room. Stefan and Damon must be here to pick her up. But she wanted to finish her thought, to express the last worry that had been nagging at her during these perfect weeks. She turned back to her diary, writing faster so that she could get her thoughts down before she had to leave. Damon has changed. Ever since we defeated the jealousy phantom, he's been Ã¢â¬ ¦ kinder. Not just to me, not just to Bonnie, who he's always had a soft spot for, but even to Matt and Meredith. He can still be intensely irritating and unpredictable Ã¢â¬â he wouldn't be Damon without that Ã¢â¬â but he hasn't had that cruel edge to him. Not like he used to. He and Stefan seem to have come to an understanding. They know I love them both, and yet they haven't let jealousy come between them. They're close, acting like true brothers in a way I haven't seen before. There's this delicate balance between the three of us that's lasted through the end of the summer. And I worry that any misstep on my part will bring it crashing down and that like their first love, Katherine, I'll tear the brothers apart. And then we'll lose Damon forever. Aunt Judith cal ed up, sounding impatient, Ã¢â¬Å"Elena!Ã¢â¬ Ã¢â¬Å"Coming!Ã¢â¬ Elena replied. She quickly scribbled a few more sentences in her diary. Still, it's possible that this new life will be wonderful. Maybe I'll find everything I've been looking for. I can't hold on to high school, or to my life here at home, forever. And who knows? Maybe this time the gold will stay. Ã¢â¬Å"Elena! Your ride is waiting!Ã¢â¬ Aunt Judith was definitely getting stressed out now. She'd wanted to drive Elena up to school herself. But Elena knew she wouldn't be able to say good-bye to her family without crying, so she'd asked Stefan and Damon to drive her up instead. It would be less embarrassing to get emotional here at home than to weep al over Dalcrest's campus. Since Elena had decided to go up with the Salvatore brothers, Aunt Judith had been working herself up about every little detail, anxious that Elena's col ege career wouldn't start off perfectly without her there to supervise. It was al because Aunt Judith loved her, Elena knew. Elena slammed the blue-velvet-covered journal shut and dropped it into an open box. She climbed to her feet and headed for the door, but before she opened it, she turned to look at her room one last time. It was so empty, with her favorite posters missing from the wal s and half the books gone from her bookcase. Only a few clothes remained in her dresser and closet. The furniture was al stil in place. But now that the room was stripped of most of her possessions, it felt more like an impersonal hotel room than the cozy haven of her childhood. So much had happened here. Elena could remember cuddling up with her father on the window seat to read together when she was a little girl. She and Bonnie and Meredith Ã¢â¬â and Caroline, who had been her good friend, too, once Ã¢â¬â had spent at least a hundred nights here tel ing secrets, studying, dressing for dances, and just hanging out. Stefan had kissed her here, early in the morning, and disappeared quickly when Aunt Judith came to wake her. Elena remembered Damon's cruel, triumphant smile as she invited him in that first time, what felt like a mil ion years ago. And, not so long ago, her joy when he had appeared here one dark night, after they al thought he was dead. There was a quiet knock at the door, and it swung open. Stefan stood in the doorway, watching her. Ã¢â¬Å"About ready?Ã¢â¬ he said. Ã¢â¬Å"Your aunt is a little worried. She thinks you're not going to have time to unpack before orientation if we don't get going.Ã¢â¬ Elena stood and went over to wrap her arms around him. He smel ed clean and woodsy, and she nestled her head against his shoulder. Ã¢â¬Å"I'm coming,Ã¢â¬ she said. Ã¢â¬Å"It's just hard to say good-bye, you know? Everything's changing.Ã¢â¬ Stefan turned toward her and caught her mouth softly in a kiss. Ã¢â¬Å"I know,Ã¢â¬ he said when the kiss ended, and ran his finger gently along the curve of her bottom lip. Ã¢â¬Å"I'l take these boxes down and give you one more minute. Aunt Judith wil feel better if she sees the truck getting packed up.Ã¢â¬ Ã¢â¬Å"Okay. I'l be right down.Ã¢â¬ Stefan left the room with the boxes, and Elena sighed, looking around again. The blue flowered curtains her mother had made for her when Elena was nine stil hung over the windows. Elena remembered her mother hugging her, her eyes a little teary, when her baby girl told her she was too big for Winnie the Pooh curtains. Elena's own eyes fil ed with tears, and she tucked her hair behind her ears, mirroring the gesture her mother had used when she was thinking hard. Elena was so young when her parents died. Maybe if they'd lived, she and her mother would be friends now, would know each other as equals, not just as mother and daughter. Her parents had gone to Dalcrest Col ege, too. That's where they'd met, in fact. Downstairs on top of the piano sat a picture of them in their graduation robes on the sun-fil ed lawn in front of the Dalcrest library, laughing, impossibly young. Maybe going to Dalcrest would bring Elena closer to them. Maybe she'd learn more about the people they'd been, not just the mom and dad she'd known when she was little, and find her lost family among the neoclassical buildings and the sweeping green lawns of the col ege. She wasn't leaving, not real y. She was moving forward. Elena set her jaw firmly and headed out of her room, clicking off the light as she went. Downstairs, Aunt Judith, her husband, Robert, and Elena's five-year-old sister, Margaret, were gathered in the hal , waiting, watching Elena as she came down the stairs. Aunt Judith was fussing, of course. She couldn't keep stil ; her hands were twisting together, smoothing her hair, or fiddling with her earrings. Ã¢â¬Å"Elena,Ã¢â¬ she said, Ã¢â¬Å"are you sure you've packed everything you need? There's so much to remember.Ã¢â¬ She frowned. Her aunt's obvious anxiety made it easier for Elena to smile reassuringly and hug her. Aunt Judith held her tight, relaxing for a moment, and sniffed. Ã¢â¬Å"I'm going to miss you, sweetheart.Ã¢â¬ Ã¢â¬Å"I'l miss you, too,Ã¢â¬ Elena said, and squeezed Aunt Judith closer, feeling her own lips tremble. She gave a shaky laugh. Ã¢â¬Å"But I'l be back. If I forgot anything, or if I get homesick, I'l run right back for a weekend. I don't have to wait for Thanksgiving.Ã¢â¬ Next to them, Robert shifted from one foot to the other and cleared his throat. Elena let go of Aunt Judith and turned to him. Ã¢â¬Å"Now, I know col ege students have a lot of expenses,Ã¢â¬ he said. Ã¢â¬Å"And we don't want you to have to worry about money, so you've got an account at the student store, butÃ¢â¬ ¦Ã¢â¬ He opened his wal et and handed Elena a fistful of bil s. Ã¢â¬Å"Just in case.Ã¢â¬ Ã¢â¬Å"Oh,Ã¢â¬ said Elena, touched and a little flustered. Ã¢â¬Å"Thank you so much, Robert, but you real y don't have to.Ã¢â¬ He patted her awkwardly on the shoulder. Ã¢â¬Å"We want you to have everything you need,Ã¢â¬ he said firmly. Elena smiled at him grateful y, folded the money, and put it in her pocket. Next to Robert, Margaret glared down obstinately at her shoes. Elena knelt before her and took her little sister's hands. Ã¢â¬Å"Margaret?Ã¢â¬ she prompted. Large blue eyes stared into her own. Margaret frowned and shook her head, her mouth a tight line. Ã¢â¬Å"I'm going to miss you so much, Meggie,Ã¢â¬ Elena said, pul ing her close, her eyes fil ing with tears again. Her little sister's dandelion-soft hair brushed against Elena's cheek. Ã¢â¬Å"But I'l be back for Thanksgiving, and maybe you can come visit me on campus. I'd love to show off my little sister to al my new friends.Ã¢â¬ Margaret swal owed. Ã¢â¬Å"I don't want you to go,Ã¢â¬ she said in a smal miserable voice. Ã¢â¬Å"You're always leaving.Ã¢â¬ Ã¢â¬Å"Oh, sweetie,Ã¢â¬ Elena said helplessly, cuddling her sister closer. Ã¢â¬Å"I always come back, don't I?Ã¢â¬ Elena shivered. Once again, she wondered how much Margaret remembered of what had really happened in Fel Ã¢â¬Ës Church over the last year. The Guardians had promised to change everyone's memories of those dark months when vampires, werewolves, and kitsune had nearly destroyed the town Ã¢â¬â and when Elena herself had died and risen again Ã¢â¬â but there seemed to be exceptions. Caleb Smal wood remembered, and sometimes Margaret's innocent face looked strangely knowing. Ã¢â¬Å"Elena,Ã¢â¬ Aunt Judith said again, her voice thick and weepy, Ã¢â¬Å"you'd better get going.Ã¢â¬ Elena hugged her sister one more time before letting her go. Ã¢â¬Å"Okay,Ã¢â¬ she said, standing and picking up her bag. Ã¢â¬Å"I'l cal you tonight and let you know how I'm settling in.Ã¢â¬ Aunt Judith nodded, and Elena gave her another quick kiss before wiping her eyes and opening the front door. Outside, the sunlight was so bright she had to blink. Damon and Stefan were leaning against the truck Stefan had rented, her stuff packed into the back. As she stepped forward, they both glanced up and, at the same time, smiled at her. Oh. They were so beautiful, the two of them, that seeing them could stil leave her shaken after al this time. Stefan, her love Stefan, his leaf-green eyes shining at the sight of her, was gorgeous with his classical profile and that sweet little kissable curve to his bottom lip. And Damon Ã¢â¬â al luminescent pale skin, black velvety eyes, and silken hair Ã¢â¬â was graceful and deadly al at once. Damon's bril iant smile made something inside her stretch and purr like a panther recognizing its mate. Both pairs of eyes watched her lovingly, possessively. The Salvatore brothers were hers now. What was she going to do about it? The thought made her frown and made her shoulders hunch nervously. Then she consciously smoothed the wrinkles in her forehead away, relaxed, and smiled back at them. What would come, would come. Ã¢â¬Å"Time to go,Ã¢â¬ she said, and tilted her face up toward the sun.
Chapter ten set offs with Arkady and Bazarov discussing Nikolai and his outdatedness, Nikolai consulting his brother Pavel about the same issue follows this. These twain events barely fit into the same chapter as the quarrel that occurs coterminous. Bazarov and Pavel shake up non gotten on since they met and share divers(prenominal) views on basically everything. Pavel loathes Bazarovs nihilist attitude and Bazarov, macrocosm a nihilist doesnt dread a good deal for Pavels puritanic reputation either. They accept both been burn mark to train an blood, especially Pavel who was precisely waiting for a spark to translate up a flame. When the discourse drifted to one of the neighboring landowners Pavel noticed his incur and uses this as a catalyst to start the conversation about nihilistic delusion and their different view flecks.As the two men father dueling it is noticeable how both seem to be trained advocates. Their questions are brief and their answers to the point and dont give remote too frequently. Bazarov seems to not care slight about what is happening whereas Pavel seems to be sopping with enthusiasm. Pavel acts as to a greater extent of an interrogator than Bazarov and begins the parentage by stating his opposing viewpoint of aristocratism which Bazarov mocks so plainly. Both men have their self-respect at this point and although Pavel seems pressured not much tension is in the atmosphere. I do not share the same credence, said Pavel igniting the debate. Bazarov because asks Pavel what discount be turn up about the supposed transcendency of the aristocrats. Though Pavel does answer the challenge I opinion Bazarov is seek to change the undetermined when he chooses to privateize the literary argument and begins to conference about what the point of all of Pavels trouble is.He implies that Pavel doesnt strain anything in his emotional state and so his aristocratic way of life has been a unsubstantial one with no p rogress. Although this is clearly own(prenominal) to Pavel I dont happen as if Bazarov was purposely trying to onrush Pavels life and ridicule it. Unsurprisingly Pavel is offended and retorts, losing some of his self-respect. He makes other ad hominem contention towards Bazarov saying that only unknowing or stupid populate would defy without the principals that aristocrats preach he is directly implying that Bazarov is swinish and stupid.This argument I feel was more of a personal statement make towards Bazarov sort of than a good argument to debate over, however Bazarov retains his self-regard and moves to another topic, naming a a few(prenominal) address used in aristocracy and labeling them as utter non genius. At this point I think Bazarov is winning the argument, as Pavel seems bemused and temporarily overwhelmed by Bazarovs questions. however Pavel does do the proper(ip) thing next by asking Bazarov what he feels should be through with(p) about the situatio n, scarce over again Pavel adds another personal statement at the end of his argument saying that if Bazarovs views were put into effect the Russian community shall find ourselves beyond the pale of humanity, outside human laws.Next more of Pavels arrogance is stolen as they describe to him incisively what a nihilist does and does not do. Turgenev clearly states that Pavel is overwhelmed by the definition of nihilism and what plans they have for Russia. In his view it is as if Pavel underestimated their ignorance. Bazarov says that at present era the most useful thing that can be done by the Russian muckle is to pass up. To deny authority, principals, art, everything. I fail to understand how much can be gained by this, Bazarovs theory is that all that has been built essential be destroyed in sound out to construct a new life which the people want. Although I feel Bazarov is runway a better argument I dont agree with his ism and feel that alternatively of denying every thing an attempt can be made at retri merelyive trying to change what has been built instead of destroying it and reconstructing it from scratch.Pavel continues to lose his temper and his arguments get worse as he loses his gravitas and begins playacting simple(a). To reply to Bazarov and Arkadys description of the Russian people he says No, no I cant believe that you spring chicken men really know the Russian people, that you represent their needs and aspirations No, the Russian people are not what you imagine them to be. They soften tradition sacred, they are a elderly people, they cannot live without faith . . . This sentence with its teemingness of nos sounds very childlike and most of it seems as if Pavel is trying to enounce himself rather than the others that what they say is not true. Bazarov pacify contains full gravitas and as adultly as possible agrees to ease Pavel, but he still refuses to admit if he is wrong. thusly he states that although Pavel may be righ t it still proves nothing.His next argument is basic, but effective, Pavel says that in that case Bazarov mustiness be going against his own people and Bazarov replies with an parity that implies that according to Pavel if the majority of the people do something utterly stupid he must do so as well. Pavel ignores the survive argument made by Bazarov and instead chooses to retaliate by attacking Bazarov by saying he is not circumstances of the Russian people after he opposes them in so many ways. Bazarov handles this argument simply by referring to the most Russian people he knows, the peasants, who have association of the past peasants who have risen and dumbfound of higher status now.Bazarov, as we have seen earlier in the book, talks to the peasants and doesnt mind answering their questions and talking to them. Although he may look down on them and not think much of them he still treats them like people and so they will obviously support him on this one so Pavel made worse move by challenging how Russian Bazarov is as he has more to show for it than Pavel. But again I do feel that comparing Pavel to himself was unnecessary and just made the argument more personal again. There is a short wear off in the chapter as Nikolai stands up and tries to nerveless the two down asking them not to make this personal. He is a rubbish late.With Nikolais interference Pavel has a endangerment to compose himself and regain some of the dignity he had had before. They start to discuss nihilism once again with a air-assurednessed and less tense atmosphere. Bazarov gives another definition for nihilism, this time focusing more on their actions as a group. They then begin to talk about the strength of the nihilists, which Pavel is proved to have underestimated. I agree with Bazarovs view here that a queen-sized number is not needed, but rather a stronger faith or might in what they are doing as the integrity to be stronger then a bulky number. Although slightly irr elevant Bazarovs similarity to a single candle burning down the whole of Moscow, I feel was a strong argument. Pavel seems to lose his dignity along with the argument as he again starts acting restless and angered.Pavel then loses all dignity when he starts to be sarcastic saying Bravo, bravo and trying to make what Bazarov is saying foolish by pretending to acknowledge it. His loss of dignity is made clear with Bazarovs statement You have departed from your praiseworthy sense of personal dignity and with this Bazarov chooses to close the argument, but not without his closing sentence in which he asks Pavel to think of institutions where the aristocracy has had an gist of no problems. Pavel attempts to name a few but is proven wrong by Bazarov for his attempts. Bazarov once again asks Pavel to take his time and think about it with this he takes his get away and the discussion comes to an end.Bazarov is clearly a in good order advocate who can maintain his dignity even when he is criticized and although many people oppose his views he has managed to keep his views alive. Pavel, although a good attempt would make a weaker advocate, his weaknesses lie in his quick temper. Maintaining your cool is very important and Bazarov proved that, he leftover the argument with all his dignity and my vote as the winner whereas Pavel was left tongue-tied and labeled as the loser.