Early Modern Period

1450-1750 Early Modern Period Major Developments I. Questions of Periodization A. Major points 1. Shift in power to the West a. Rise of the West with fall of China and India creates imbalance in power that favors Europeans for next 200 years 2. World becomes smaller – almost all civilizations touched by trade 3. New Empires – Spain, Portugal, England, France, Netherlands, Ottoman, Russian, Mughal, Ming 4. Age of Gunpowder B. Changes at end of Postclassical Era 1. Independent societies (Aztecs, Incas) falling apart 2. Arab power declining 3. New invasions – Mongols 4. Ottoman Empire gains power a. Europeans threatened by new force to East 5. Chinese flirt with trade, but Ming bureaucrats pull back 6. Europe enters age of exploration C. Western Europe 1. Unusual agricultural civilization 2. New view of family – nuclear a. Love toward spouse b. Affection toward children 3. Return to rational thought 4. Stable political structures a. Absolute monarchy b. Parliamentary monarchies 5. Religious reformers a. Reform the Church b. Protestant Reformation D. Effects of Global Economy 1. By 1750, almost everyone knows everyone 2. Food exchange – new staple crops to Africa (corn), Europe (potato) 3. Unequal relationships – master, slave, owners, workforce 4. Slaves and serfs 5. Diseases E. Themes 1. Declining emphasis of nomads 2. Direct relationships – ambassadors replace intermediaries (Nomads) 3. Gender relations remain patriarchal 4. Labor relations change – master/slave – abuse of indigenous peoples 5. A few commercial leaders get rich 6. Environmental changes a. ood, animal, disease exhange 7. Native vegetation a. Deforestation for staple crops b. Grazing land for newly introduced beasts of burden 8. Centralization of governments a. Modern government 1. bureaucracies 2. agencies 3. admiralties 4. treasuries 5. general staff 6. state banks 9. Nation-states began to emerge a. solid political units with fixed borders b. sense of national unity c. populations relatively homogenous – language/e thnicity F. Larger Trends 1. Americas overwhelmed by outsiders 2. Three trends a. Western expansion . Globalization of trade c. Gunpowder 3. Reactions a. Embrace by choice b. Embrace by force c. Choose to remain independent, involve in trade on own terms G. Why 1450 and 1750 1. 1450 a. End of the Middle Ages b. Beginning of the Northern Renaissance – away from Italian city-states c. English evicted from France d. Unified France began to exercise its power e. Globalization of trade begins f. Direct contact between Europe and sub-Saharan Africa/Americas g. End of the Byzantine Empire h. Ottoman Turks rise to power

Interview with someone who lived during WWII Essay

1.Question: Were you involved in the war? Any family members involved in the war? Answer: He was not involved in the war because he was too young. However, his father worked as an electric engineer for the army and operated radars. He had two uncles who were also in the army and had another uncle in the navy. 2.Question: Were you active in civil defense, Red Cross, war industries, other volunteer activities? Answer: He was in the boy scouts and was extremely patriotic. He collected scraps of aluminum, steel, iron, and paper for the war effort. He did not see this job as a burden and even competed for respect by trying to collect the most materials. He was also a coastal watcher and was assigned to watch for enemy submarines along the eastern coast. However, he never actually saw one. 3.Question: Any military experiences or personal anecdotes? Answer: He became a casualty-reporting officer in 1957 when he was stationed in Alaska. Before then, he was generally pro-war, but after telling two or three wives that their husbands were dead, he became more passive. He said his job as a casualty-reporting officer changed his view towards war and caused him to question the Vietnam War and the policies of President Bush. 4.Question: How did you view the war then? Answer: During the time of the war, he was nonchalant to the war. In fact, he said the worst part about the attack on Pearl Harbor was that he could not go to the beach on that day. As a child, he did not understand much about the war. For example, he said that when he learned about the Pearl Harbor invasion, he asked himself â€Å"what’s a Pearl Harbor?† and when he read about the dropping of the atomic bomb on Nagasaki and Hiroshima, he asked himself â€Å"what’s an atomic bomb?† He viewed the war as a game, because he never experienced any major losses. He thought that there was no way the United  States could lose and never worried for one second. 5.Question: How did you view military or political leaders during World War II? Answer: He admits that most of his opinions concerning them were affected by his father’s views and by movies, which he labels as propaganda. For example, he hated Himmler, Goebbels, Hitler, Goering, and Tojo because movies portrayed them as villains. He disliked Franklin D. Roosevelt because of his farm policies, which forced farmers to kill pigs in order to drive pork prices higher. He liked Churchill and idolized Dwight D. Eisenhower. 6.Question: Who do you feel was responsible for the war? Answer: He said the French were responsible for World War II because they created unfavorable and impossible situations for the Germans with their reparation system. He said that Hitler would never have risen into power if France had not burdened the German economy so heavily. He also felt that Japan was responsible for the war in the east, but the United States could have prevented the war from escalating by lifting its embargo on Japanese products. 7.Question: Did you suffer any deprivations because of the war? Answer: During World War II, Bill’s father worked with radars as an electrical engineer and was sent oversees to North Africa in 1943. Bill missed his father after he was called off to duty. Other than that, he suffered no other deprivations. 8.Question: Do you have any comments about rationing? Answer: Rationing was not very hard for his family because he had numerous relatives who were farmers. He maintained that the rations were adequate for his family and friends and that he never knew anyone who starved because of rationing. However, gasoline rations caused many problems for his family  because they moved around often. 9.Question: What were you doing when you first heard the news of Pearl Harbor? Answer: He was getting ready to go to the beach in Florida when he received a phone call from his father saying that Pearl Harbor had been attacked. His dad had to go directly to Pearl Harbor but he was just saddened that he could not go to the beach. It was not until several days later did he find out the severity of the situation when he saw a movie clarifying the Pearl Harbor attack. 10.Question: Did you know about the Nisei camps? Answer: No, like most Americans, he did not know about the Nisei camps until after the war had ended. At the University of Illinois, he had a close Japanese friend, ***** *********, who lived in a Nisei camp during World War II. Yukio was eleven years old when he was driven out of his home and sent into a Nisei camp. Yukio told Bill that there was plenty of food in the Nisei camp. The only bad memory he had of the camp was the giant fence that he was not allowed to cross in order to get his soccer ball. After Yukio’s family was released from the Nisei camp, they moved to Chicago to escape the bad memories that remained present in the west coast. 11.Question: How were Jewish refugees received in America? Were the welcomed? Answer: Bill said that as a child, he knew very little about the immigration laws for the Japanese and the Jewish. However, he distinctively remembered many restaurants and hotels hanging signs that read: â€Å"no Jews allowed†. He said that he always felt sympathetic towards the Jews because he had a close Jewish friend during the war. 12.Question: How were African Americans treated during the war? Answer: He said that he never had any friends that were African American during his childhood. He said there were no African Americans or any other  non-Caucasian races in any of the schools that he attended. He told me that African Americans were generally underused because they were thought of as inferior to the Caucasians. He even told me that some African Americans underwent experimental testing similar to the experiments that Hitler had used on the Jews. At Tuskegee, the United States military infected them with syphilis in order to study its effects on human beings. 13.Question: Was the war discussed in school? Answer: He said that kids usually talked about the war during school, but their teachers abstained from discussions about the war. Even in history class, teachers refused to discuss â€Å"current events† because they felt that the kids were too young to learn about the war. However, the children were allowed to sing patriotic songs for almost an hour every day. I think that Bill answered my questions without any bias or prejudice. He is currently taking many history courses at ******** so his historical knowledge is very accurate. His answers are impartial because he likes to view the war from different viewpoints. He told me that one must study World War II not only from the side of the Allies, but must gain the perspective of the Axis. During our interview, he constantly got off the subject and started lecturing me about the history of World War II. In fact, he brought several of his college textbooks and used his books to prove whatever point he was trying to make. Initially, after he told me about the syphilis experimental testing that the United States military administered on African Americans, I was reluctant to believe him (though I never showed any skepticism). However, he took out one of his textbooks, showed me the article on the Tuskegee experimental testing, and immediately gained my complete trust and confidence. Both his historical knowledge of World War II and his short-term (and probably long-term) memory are very accurate. I trust that the answers he gave concerning his childhood are also very accurate. Another reason that I think he was not biased in answering my questions was that he answered every one of them. He never tried to avoid any specific questions. Also, none of his relatives was injured or killed because of the war so it is unlikely for him to hold a grudge against the  Germans or the Japanese. However, one of the adverse effects of being too impartial is that he is unable to formulate any of his own opinions. For example, when I asked him who he thought was responsible for the war, he gave me a fifteen-minute history lecture about how France burdened Germany with reparation payments, which left the Germans economically destitute. Then he went on to discuss all the causes that were listed in his book, which took another fifteen minutes. After listening patiently for almost half an hour, I asked him who he felt was responsible for the war when he was a child. He answered, â€Å"When I was a kid, I was more interested in sports so I didn’t really care who was responsible for the war. Movies. Movies and my father convinced me that Hitler and Tojo were the ones responsible for the war†. I learned many things about life during World War II from Bill. For example, I learned that kids during that era were pro-war and very patriotic. This may have resulted from movies that were designed for propaganda. At that time, everyone went to the movies at least once a week, which may have greatly contributed to patriotism and to the war effort. I also learned that many children were active in collecting scraps of aluminum, steel, iron, or paper for the war effort. I do not know if these scraps actually helped build a lot of planes and ships, because it is foolish to think that there was that much scraps lying on the ground for the kids to collect, but it probably did get everyone involved and committed to the war effort. In addition, I learned that few Americans knew about the Nisei camps or the German concentration camps during World War II. It was not revealed to the public until after the war ended. Immigration laws were not widely publicized during the war either. I learned that rationing in the United States was not too awful and that no one starved or went hungry because of it. In fact, many felt that rationing was a major step up from the hunger caused by the Great Depression. Finally, I learned that some African Americans were the subjects of experimental testing during World War II. How can Americans shamelessly condemn Hitler’s experimental testing on the Jews when they are committing the same crime?

Counselling young people Essay Example | Topics and Well Written Essays - 2500 words

Counselling young people - Essay Example Erikson developed eight psychosocial stages that humans encounter throughout their life. The first stage, Trust vs. Mistrust, occurs from approximately birth to one year. Erikson (1950) defined trust as an essential trustfulness of others as well as a fundamental sense of ones own trustworthiness. He thought that an infant who gets fed when he is hungry and comforted when he needs comforting will develop trust. He also said that some mistrust is necessary to learn to discriminate between honest and dishonest persons. If mistrust wins over trust in this stage, the child will be frustrated, withdrawn, suspicious, and will lack self-confidence. The second stage, Autonomy vs. Shame & Doubt, occurs between ages two and three. During this period it is important that the parents create a supportive atmosphere in which the child can develop a sense of self-control without a loss of self-esteem. Shame and doubt about the childs self-control and independence occur if basic trust was insufficiently developed or was lost such as when the childs will is broken by an over controlling parent. In this stage, Erikson said the child encounters rules, such as which areas of the house he is allowed to explore. The third stage, Initiative vs. Guilt, occurs between ages four and five. This is the stage in which the child must find out what kind of person he/she is going to be. The child develops a sense of responsibility that increases initiative during this period. If the child is irresponsible and is made to feel too anxious then they will have uncomfortable guilt feelings. Erikson (1950) believed that most guilt is quickly compensated for by a sense of accomplishment. Eriksons fourth stage, Industry vs. Inferiority, occurs between six years and puberty. This is the period in which the child wants to enter the larger world of knowledge and work. One of the great events of this

Persuasive Speech on Death Penalty Essay Example | Topics and Well Written Essays - 500 words

Persuasive Speech on Death Penalty - Essay Example Organizations such as the International Commission against the Death Penalty are working towards changing people’s attitudes, getting the public’s support so that together, they can influence, and possibly change the laws regarding the death penalty. For the death penalty policy to come to an end people have to change their attitudes; change starts with the people. The government will only take this seriously if its people show concern. The death punishment should be abolished because demeans the quality of human life, it costs the country a lot of money, it results to the death of innocents, and because life without parole is a sensible alternative. Personally, I am against the death penalty; people, let us join hands in this human rights cause of abolishing capital punishment, and let us change public attitudes towards this inhumane injustice that befalls the American people. In the future, it could be you, your friend, you family that is wrongly convicted for murder; how do you choose to remember this day? Will it be the day that you championed for the death penalty, or the day that you voted against it? Make the right choice by move for the abolishment of the death penalty law. What if one of your family members was wrongly convicted for murder? What if you were put on death row because you happened to be the last person seen leaving a crime scene where a bomb blew up and killed people? It is questions like these that raise public concern; people are more apathetic in cases where this form of injustice does not affect them, however, when a case of this nature becomes more personal, people are empathetic. Why should we be so selfish as to see what others suffer? The death penalty should be abolished because it demeans the quality of human life, it costs the country a lot of money, it results to the death of innocents, and because life without parole is a sensible

Changes in American Government of the 20th Century Literature review

Changes in American Government of the 20th Century - Literature review Example As a result of his determination, Collier soon gained the respect and admiration of Roosevelt and Ickes. While making changes in their government policies, (Olson 1986, 108) both men were open to the incorporation and implementation of new and unconventional ideas of possible reform. Because of their steadfast faith in him, Collier was given permission to change or modify government policies during the Depression. Collier initiated the Indian New Deal, which was a revolutionary approach to the reformation of Native American Indians. As a staunch believer in cultural pluralism, he understood the importance of ethnic values and community solidarity. Such principles led Collier to adopt an acculturated approach in assimilating the Native Americans into the mainstream of society. Olson clearly describes the manner in which Collier attacked the Indian problem and his success in assimilating the Native Americans into the dominant society. In this enlightening book, he reveals how, even tho ugh greeted with a multitude of opposition from American critics, Collier firmly believed in his goals and sought to fulfill them at any cost. As the prior allotment program was a major social and economic disaster, he then set out to reconstitute the tribes and enhance their traditional land base. Not satisfied to deal solely with reform work, Collier went a step further and convinced President Roosevelt to abolish the Board of Indian Commissioners on the basis that it was a huge obstacle in the wake of reform. (Olson 2006, 109) Collier, wanting the Native Americans to play a more active role in their decision making, provided them with specialized training for the management of their land and natural resources. He also insisted that the United States Federal Government should not, in the name of assimilation, suppress the culture and tradition of the Native Americans but should foster the preservation of their distinctive nativity.

Social Welfare, History, Values and Beliefs Essay

Social Welfare, History, Values and Beliefs - Essay Example From the essay it is clear that  the present day American culture began from as early as the past 10,000 years, upon the arrival of the Paleo-Indian from Europe, Oceania and Asia to establish the current United States. America is an ethically and racially diverse society with unique music, cultural, folklore and social practices. The great diversity of the United States is attributable to the massive immigration of people from different parts of the world during the historic period. Europeans including Irish, English, Scotts and Welsh bear great responsibility for influencing the initial shape of the American society. British in particular had greatest impact on American culture due to their close colonial links that fostered widespread use of the English language, use of British legal systems and adoption of general British cultural practices.According to the report findings  American culture is a collection of various elements that include liberal and conservatism ideologies, s cientific and religious competitiveness, materialism and morality as well as free expression. Besides the influences of consistent principles and ideologies, American culture is also awash with evolved indigenous Latin, Asian and African-American cultures. The seeming neutral nature of the American culture is an indication of integration of many cultures whose compatibility mostly depends on political ideologies, social class and various demographic factors.

Current Issues Essay Example | Topics and Well Written Essays - 2500 words

Current Issues - Essay Example Every organization’s main concern is to create and maintain productive employment. While concerns have been stated over gender issues, actual change has not taken place. Organizational learning was supposed to help organizations respond better to the demands of the environment. Today organizations are expected to be more gender equitable and improve their capacity to undertake development or human rights work that is not gender-biased (Kelleher, n.d.). This essay will identify the link between gender and learning at work, and finally discuss how organizations, which fail to consider gender issues, cannot become effective learning organizations. According to Khandekar & Sharma (2005) companies realize that the way an organization learns is the key determinant for sustainable competitive advantage. According to Griego et al., (2000) today a learning organization reflects the aspirations of its leaders. A learning organizations focuses on the characteristics, principles and systems of an organization that produces and learns collectively. Learning organizations lead to turn-around success stories in major companies. Through learning all the members continuously transform themselves. It is better able to collect, manage and use knowledge. Such organizations allow their people to expand and explore their creativity, where new patterns of thinking are nurtured, and where people learn how to learn together (Griego et al., 2000). According to Griego et al., (2000) five HRD functions have been categorized as key aspects of a learning organization. These include training and education, rewards and recognition, information flow, vision and strategy and individual team development. Training and education is a tool for learning and learning facilitates performance improvement. Recognition boosts employees’ esteem and gives them a greater sense of ownership in the organization. This results is reduced turnover and absenteeism, greater employee interest and

SIMULATION REFECTION Essay Example | Topics and Well Written Essays - 750 words

SIMULATION REFECTION - Essay Example Even though I am now a senior nursing student I still get anxious when I have to confront real world situations because I am afraid of making a wrong decision that would compromise a patient’s health. This is the reason why it takes me a long time to get a nursing diagnosis. Mostly I double check with another nurse to be sure that I am doing the right thing. 2) Did you miss anything in getting report on these patients? If so why? Were you distracted? Did you receive too little information? Did you receive not enough or incomplete information? Were there environmental distractors? Did you have a knowledge deficit regarding the concepts required to comprehensively care for this patient scenario? What actions could you have taken to improve your patient report? What systems are in place that would assist you? (SBAR, etc.) Describe them. The report was correctly related to the patient’s condition. It helped me to understand the present and past medical history of the client. Professor Anderson was very thorough and easy to understand. This particular client had the diagnosis of congested heart failure, which had been covered recently in class. I had knowledge relating to this illness that helped me to provide care for the patient in this condition. One of the distractors for me was to be recorded while working. It made me nervous, not because I did not know what to do but just simply the pressure of knowing that somebody was watching me. I know that I have to work on that. Even now as a senior nursing student, my anxiety still increases knowing that someone is watching me. What I would like is more time with the patient and it would be better if the patient’s conditions were more realistic. In real life, after I administer medication such as Lasix, a beta blocker, and digoxin, I need time to reassess t he patient to know if his or her condition has improved or not. It would be more realistic to have an SBAR instead of using the board

BIM Implementation Strategy for FM Thesis Proposal

BIM Implementation Strategy for FM - Thesis Proposal Example Arayici and Aouad (2010) in Eadie et al. (2014) have shown that BIM goes further than managing essential building design and the building’s life-cycle to include facility management. In recent times, the construction industry has been undergoing a paradigm shift to serve various purposes. The changes are meant to increase infrastructure value, productivity, quality, efficiency and sustainability. These changes are also aimed at reducing lifestyle costs, lead time and duplications through effective communication and collaboration of stakeholders in projects (Arayici, et al., 2011). These processes should not only be incorporated in the construction stage but throughout the entire lifecycle, and this is the basis of facility management. Facility management ideally should not be left to start after the completion of a building. The appropriate time to start management of a facility is during its early stages of its construction. As Patrick MacLeamy, the developer of the â€Å"shifting the effort† concept, highlights, that the further you are through the design process, the higher the cost of design change (Light, 2011). Another advantage that facility management can gain from BIM implementation is the efficient use and reuse of data. The fluid flow of data use can help facility managers to keep track of the changes that a facility undergoes in the various stages of its lifecycle. When information is complete and is used efficiently, the quality of the facility is maintained at a peak and the clients enjoy a sustainable product. Facility management should start when the project is in its early stages to facilitate maximum data collection for future use (Arayici, 2013). As a result, the facility can benefit from ensured sustainability. Facility management requires intensive information sharing among the parties involved. The managers should, therefore, have a proper mechanism for ensuring that the stakeholders have access to

Legal Environment of Business Research Paper Example | Topics and Well Written Essays - 1000 words

Legal Environment of Business - Research Paper Example European Union employment law protects all employees in the European Economic Area. However, each country has its own employment regulations. The employment laws cover issues to do with working conditions, wages and immigrant workers. In both Europe and the U.S, it is the obligation of workers to perform their duties with respects and veneration to their employees (Wanda, 2010). This relationship is founded on shared understanding and trust. The employees should work towards meeting international standards. Loyalty amongst employees and the employer is also critical, and it is, therefore, illegal when employees perform actions jeopardizing their employer's interests. The relationships between employers and employees in Europe and the U.S are an equivalence of a master-servant relationship. The employer, therefore, possesses absolute power over the employee. Despite this, labor laws have been enacted in both Europe and the United States setting minimum wage limits. This protects the employer from exploitation. Among the basic rights the employee enjoys include, a right to be provided with a healthy and safe environment. Amongst the countries that have been in the forefront of shaping labor laws and guidelines in the world are European countries and the United States. Despite Europe and United States cooperation in the development of what can be termed as labor standards that are acceptable globally, there exists various significant differences on how the two authorities conduct employment related issues.

Strategic Quality And Systems Management Essay Example for Free

Strategic Quality And Systems Management Essay This unit provides the learner with an understanding of the importance of effective quality and systems management to enable achievement of organisational objectives. It also provides the learner with the skills to be able to implement a strategic quality change in an organisation. Scenario You have been hired as an outside consultant to devise, implement and manage a new operational framework for student attendance monitoring and engagement in EThames Graduate school. You are required to look at the existing quality management within the organisation particularly focusing on punctuality of students within the attendance policy. You need to implement a strategic quality change, ensuring the necessary monitoring evaluation systems are in place and evaluating the outcomes of the change to improve punctuality of students at EThames Graduate school. You will need to particularly focus on improvement of punctuality of  students, as there has been concerns raised by study representatives of all intakes during the student council meeting that there are tiny number of students who seems to be coming into the class fifteen minutes late into the lesson and this has created disruption for students who are in class on time. Nonetheless, EThames Graduate School recognises the relationship between good attendance, punctuality and student success. This Policy also recognises the requirements of the Home Office for Tier 4 students. Persistent lateness and lack of attendance is disruptive to the teaching and learning activities of all college students. Aims The aims of this policy are: To enable all absences to be fairly and consistently dealt with across the College. To monitor and improve the attendance of all students. In interpreting the policy and associated procedures, the decision of the College is final. The College may amend this policy at any time or depart from it depending on the circumstances of the case. Attendance requirements As part of the terms and conditions of enrolment at the College, students agreed to comply with the EThames Code of Conduct, which specifies that students are expected to attend all lectures, seminars and tutorials. Where attendance is unsatisfactory students will be subject to the Student Disciplinary Procedure, and registration on the programme may be cancelled, and if applicable Tier 4 sponsorship may be withdrawn. Students are expected to arrive punctually and attend all classes, compulsory activities, tutorials and review sessions. Please follow the reference below for more information: EThames Graduate School (2014) EThames General Documentation: Attendance Policy. Last accessed on 16th May, 2015 at 18.00: http://livecampus.estudents.org.uk/course/view.php?id=71 Focused on the scenario above provide your answer in a form of a written report. Task 1 Make a case to the principle for change Here you will need to: Create the plan for strategic quality change of the student attendance monitoring and engagement framework particularly on punctuality with the aim of enhancing existing quality. Plan a strategic quality change to improve organisational performance. (AC:3.1) Define resources, tools and systems to support business processes in a strategic quality change. (AC:3.2) Design systems to monitor the implementation of a strategic quality change in EThames. (AC:3.4) Write a report justifying your plan that Explains of the importance of effective operations management in achieving organisational objectives. (AC:1.1) Explains of the importance of effective quality management in achieving organisational objectives. (AC:2.1) Evaluate the success of existing operations management processes in meeting an organisation’s overall strategic management objectives. (AC: 1.2) Evaluates the success of existing quality management processes in meeting an organisation’s overall strategic management objectives. (AC:2.2) Evaluates the wider implications of planned strategic quality change in the organisation. (AC:3.3) Present a summary of your proposal along with your report and plan to key stakeholders in the College. Task 2 Implementation From your class, one framework will be chosen. You will then group together as a team with clear divisions and responsibilities and tasked with implementing the change in association with Student Services and the Attendance Team. Make sure that you Implement a strategic quality change. (AC: 4.1) Embed a quality culture in the organisation and ensure that the team continuously monitors and develops the plan. (AC: 4.2) Individually monitor and review the implementation regularly (AC: 4.3) Note: You are responsible for ensuring that each part of the plan is implemented, embedded and monitored. You can delegate tasks to other members of your team, but you cannot delegate responsibility for oversight. And you are also responsible for evidencing your oversight. The evidence we require of your engagement with oversight Minutes of every meeting you attend with clear indication that you have participated Your preparation notes for every meeting Detailed proposals for implementation or development that you have submitted at every meeting A record of all action you have taken, signed by a witness from within EThames Monitoring reports that you have completed on a daily basis reviewing the effectiveness of the implementation and the effectiveness of the plan Task 3 Evaluate the success of the implementation Write a report that evaluate the outcomes of a strategic quality change in an organisation and recommend areas for improvement to a strategic quality change that align with organisational objectives. (AC: 5.1 5.2) Submission Guidelines Your submission should be in a report format. 3500- 4000 words Excellent Formatting: Preferred writing styles Arial, Verdana, and Times New Roman Line spacing 1.5, Font Size 12 Consistency in Heading Scheme, bullets and numbering Consistency in top, bottom and left, right margins Alphabetical Harvard referencing and bibliography *For Late Submission policy, please refer to your student course handbook available on Live Campus. Plagiarism Rules and Regulations No plagiarism is accepted in assignments and students are advised to do the referencing correctly according to the Harvard Referencing System. Students are advised to submit assignments with a plagiarism percentage below 15%. Any student submitting an assignment with a percentage of more than 15% will have their work reviewed by the appropriate Exam Board. Reduce your plagiarism by not sharing assignments and doing in text citations of sources used, using the Harvard referencing method What is Turnitin? Turnitin is the software that EThames uses to calculate the similarity of your assignment to any other document submitted in the same system all over the world. What happens when you submit an assignment on Turnitin? You submit your assignment on Turnitin by submitting it on Livecampus on the assignment submission link. Your assignment is then compared with all of the assignments for all the different units submitted on Livecampus as well as assignments submitted by other students in other colleges and books and documents all over the world. The report generated is not the final report. The final report will only be generated after the final deadline which would mean that once the submission link closes and once every student submitted assignments at EThames for the specific unit, only then the final report will be generated. This means that if you have shared your assignment with anybody and they have submitted part of it or the full assignment the initial report your friend got would’ve indicated the similarity, but your report would’ve remained unchanged. This is because the report is refreshed every time that you upload your assignment and then finally after the deadline. After the deadline their plagiarism will be high as well as your own. What can you do to avoid getting a high Turnitin score? Do not copy pieces of work from any book or website. It needs to be rewritten in your own words and proper in text citation should be done according to  the Harvard referencing method Do not share your assignment with any friend, not even to assist them Plagiarism Plagiarism is passing off the work of others as your own. This constitutes academic theft and is a serious matter which is penalised in assignment marking. Plagiarism is the submission of an item of assessment containing elements of work produced by another person(s) in such a way that it could be assumed to be the student’s own work. Examples of plagiarism are: The verbatim copying of another person’s work without acknowledgement The close paraphrasing of another person’s work by simply changing a few words or altering the order of presentation without acknowledgement The unacknowledged quotation of phrases from another person’s work and/or the presentation of another person’s idea(s) as one’s own. Copying or close paraphrasing with occasional acknowledgement of the source may also be deemed to be plagiarism if the absence of quotation marks implies that the phraseology is the student’s own. Plagiarised work may belong to another student or be from a published source such as a book, report, journal or material available on the internet.

Organisational Issues in Health and Social Care Services

Organisational Issues in Health and Social Care Services People do not care about organizational boundaries when seeking support or help and expect services to reflect this. From Our Health, Our Care Our Say (DoH 2006) Introduction Since the introduction of the 1990 NHS and Community Care Act it is no longer an option for human services and public sector organizations to work in isolation. Handy (1997,p.18) has argued against the introduction of market principles into areas that are generally regarded as the responsibility of the state welfare system, because this could harm those who most needed the help. This merging of human services with public sector organisations has meant that an increasing number of human service workers are employed in the private sector. Human Service organisations are comprised of medical staff and others such as administrators, cooks and cleaners employed by the NHS or in private practice, the police and probation services, the prison services, social services, and to a limited extent those working in education. This assignment will look at some of the effects of current policies on the organisational structures of health/social care and partner organisations. There will be an exami nation of issues of power and inequality in organisations and an exploration of the notion of partnership working. The success of such policies will be explored through the experiences of people with mental health problems. Partnership working is most especially relevant to people with mental health problems and the Government has promised greater concentration on this in the White Paper that came out this year, Our Health, Our Care, Our Say.[1] Organisations Social services and Health Care are what as known as human service organisations, that is to say they are there to help people in need.. People working in social services generally do so because they are motivated by a desire to see that people receive the kind of help that they need in times of crisis. Human Services operate in the public and the private sector. Which ever area a person chooses they are more likely to find work in the human services if they have had some prior experience either work placements or some other voluntary role. In social work prior community involvement is seen as an asset. Most social workers work in the public sector. Social Services used to be known as personal social services because social workers are most often concerned with individuals and the care they may need. Social work is both typical, and untypical, of the human services in general, firstly its aim is just that, providing a service that benefits other people, in the second instance social workers are more likely to be involved with people on an individual basis and often for a prolonged period of time. This last is not always the case in other areas of the human services (Postle et al, 2002). A social worker who works in mental health may find themselves attached to a hospital as well as to social services. This means inter-agency working which is becoming more common in the human services especially as the legislative and policy requirements of the1990 Care in the Community Act have increasingly focused on health and social care agencies working collaboratively with service users. This is more common since the Government directive ofJuly of last year.[2] Parliament decides what social work consists of. This is because the Government defines the statutes that outline social workers responsibilities. This includes the people that social workers have a responsibility towards, the manner in which such responsibilities should be undertaken, and the legislative framework that underpins the professional practice of social work (Brayne and Martin, 1995). Social workers have to abide by the code of practice of the General Social Care Council and are bound by the 1970 Social Services Act as it applies to local authorities. Since 1998 social workers are bound by law to respect the inherent rights and dignity of every human person. Social workers also have to be familiar with the 1990 Community Care Act and subsequent legislation. Local Authorities are bound by the Disability Discrimination Act and a social worker working with people with mental health difficulties would also need to know the terms of this Act and the Chronically Sick and Disabl ed Persons Act of 1970. These inform social workers’ decisions. These may involve having to define mental health difficulties and in what ways their needs might best be addressed. This is particularly so for Approved Social Workers. The social worker has a duty to perform an assessment of need for anyone in the local area who is defined as having a disability, including mental health difficulties, whether the or not the person requests a service. Ongoing training and development for professional social workers is a requirement of the job. If you work in disabilities, particularly mental health then some social workers may specialize in mental health and work towards becoming an Approved Social Worker. Social workers operate within a framework that is informed by human rights and social justice and they need to be aware when the code of practice within which they carry out their duties, is contrary to the values underlying this framework. Within social work it is generally accepted that all people are of value and are entitled to be treated justly and humanely. Social workers who deal with users who have mental health problems now have to work closely with the NHS and with Voluntary Organisations such as Mind. Partnership Working The Griffiths Report (1988) which was commissioned by the Government recommended that local authorities should be enablers, who organized and directed community care. Local authorities would no longer be the sole providers of care, but would have their own budgets to purchase care from the private and voluntary sector. This became law under the 1990 Act the terms of which resulted in an increase in the burden of care for the social work profession. The Act emphasized partnership working in all areas and social workers now have to consult with professionals from all walks of life in order to adequately provide for their clients needs. The introduction of new working practices and the necessity for a greater degree of inter-professional working has meant that the autonomy that social workers once enjoyed has been increasingly eroded (Challis, 1991). Molyneux’s (2001)[3] research into successful inter-professional working established three areas that contributed to the success of such partnerships. Staff needed to be fully committed to what they were doing and personal qualities of adaptability, flexibility and a willingness to share with others were high on the agenda. Regular and positive communication between professionals was seen as endemic to good working relationships and service delivery. This communication was enhanced (in the study) by the instigation of weekly case conferences which allowed professionals to share knowledge and experiences (2001, p.3). Handy (1993) has argued that in order to work successfully together organisations need to find optimal or win/win solutions rather than have their discussions end in wasteful conflict. A major problem with inter-professional working in organisations is that both sides can become defensive of their positions (See Handy, 1993 ch.12). This is particularly the case whe n people are asked to do something that goes against their professional ethics and beliefs (see ch.15). Thus a social worker would not be happy with solutions that did not, in their view, serve to empower clients with mental health difficulties. The inclusion and empowerment of this client group is a central feature of the 2006 White Paper which promises ongoing care not just for those with mental health difficulties but for their carers as well.[4] These arguments are endorsed by Laidler (1991) because in order to be successful across professional boundaries people need to be confident of their own professional role in order to be able to step outside their professional autonomy and work successfully with others. It helps in inter-professional working if all members of the team are particularly focused on the needs of the service user. In this way people reach ‘professional adulthood’. According to Norman (1999) mental health professionals working within teams were reluctant to obey decisions taken by others because it threatened their own professional judgement. It does not help matters when the Government stresses the need for inter-professional working and then sets separate performance targets, rather than integrated group ones. Hudson (2001) maintains that because government has been concerned to prioritise choice and introduce competition in public services this has left professionals with feeling of insecuri ty and a lack of faith in organisational infrastructure. It would be a cruel irony if, having achieved the holy grail of local integrated working, the government, with Sedgefield’s local MP at its head, now puts in place measures that result in its dismantling (Hudson 2005 no page number).[5] At the same time Government expects social care and health professionals to work closely and collaboratively with service users. In social services there is quite an emphais on encouraging the user to participate in decisions regarding their care. In the NHS however, many professionals still work with the idea that the patient does as the professional tells them. This makes it difficult for social workers who are encouraged to lessen the power differential between themselves and service users, this means engaging in anti-oppressive practice e.g. accessible language, and doing what they can to empower individuals. Social Services and Mind Mind is a charity that works for those with mental health problems. The charity points to the fact that the right kind of social care can go a long way to alleviating the stress that mental health difficulties may bring, and which are often ignored. Until recently mental health users received only a small amount of social care and were often referred for medical help alone. However, this course of action neglected the enormous social consequences that mental health difficulties can have and how it affects family units. This is beginning to change and there is an acknowledgment that greater availability of social care would go a long way to alleviating such difficulties. This has been recognised to some extent in the Government paper Our Health, Our Care, Our Say. The increasing Government emphasis on partnership working should lead to a greater connection between those who work for social services, the NHS and the charity called Mind. Conclusion This assignment has looked at organisations and the structure underlying social service departments and other human service organisations such as the NHS and the charity called Mind. It has looked at the legislative and policy contexts as they apply to people who need social care and who may also have mental health problems. It has looked at partnership working and how the responsibilities that are incumbent upon social workers are intended to minimalise inequalities and to substantially lessen the power differential between service users and service providers. References Griffiths Report (1988) Community Care; An Agenda for Action, London: HMSO Handy, C 1993 Understanding Organisation London, Random House Handy, C 1997 The Hungry Spirit London, Random House Hudson, B. â€Å"Grounds for Optimism† Community Care December 1st 2005 Kirk, S. 1998 â€Å"Trends in community care and patient participation: Implications for the roles of informal carers and community nurses in the United Kingdom† Journal of Advanced Nursing Vol 28 August 1998 Issue 2 p.370 Laidler, P. 1991 â€Å"Adults and How to become one† Therapy Weekly 17 (35) p.4 Molyneux, J 2001 â€Å"Interprofessional team working: What makes teams work well?† Journal of Inter-professional Care 15 (1) 2001 p.1-7 Norman, I and Peck E. 1999 â€Å"Working together in adult community mental health services†: An inter-professional dialogue† Journal of Mental Health 8 (3) June 1999 pp. 217-230 http://www.dh.gov.uk/PublicationsAndStatistics/PressReleases/PressReleasesNotices/fs/en?CONTENT_ID=4116486chk=zOTHS/ http://www.dh.gov.uk/assetRoot/04/12/76/04/04127604.pdf Our Health, Our Care, Our Say 1 [1] http://www.dh.gov.uk/assetRoot/04/12/76/04/04127604.pdf [2] http://www.dh.gov.uk/PublicationsAndStatistics/PressReleases/PressReleasesNotices/fs/en?CONTENT_ID=4116486chk=zOTHS/ [3] Molyneux is a social worker who was part of the inter-professional team on which the study was based. [4] http://www.dh.gov.uk/assetRoot/04/12/76/04/04127604.pdf [5] http://www.communitycare.co.uk/Articles/2005/12/01/51988/Grounds+for+optimism+.html?key=BOB+HUDSON accessed 4/4/06

The Importance Of Meaningful Learning Education Essay

The Importance Of Meaningful Learning Education Essay A qualification, whether for teaching for otherwise, does not make one a professional. The attributes for a professional teacher come from interactions with students, co-workers and parents. It requires a well-mannered, calm, punctual and well trained approach to all situations that may arise over the course of a career while also following and embracing new changes and protocol at the workplace. It is critical to maintain respect and confidentiality within a classroom environment and set examples for students to follow. Arguably, students will lead by example depending on which age group the teacher in question is dealing with. Because of these factors, presenting oneself in a professional manner is imperative to the success of the teacher and students alike. It is important to understand that each student is different, and the age groups that one is working with have different attitudes and approaches to challenges and learning. The impact of how you present yourself and the information you deliver to your students can be vastly rewarding or gravely detrimental to the classroom environment. It can be easy for a teacher to make his or herself popular to students, but often difficult to balance this with what the curriculum requires and ensuring results the end of term tests/reports. Interaction with a group of students requires a professional standard of behaviour polite, firm and fair would be an easy way to sum this up. Another paramount attribute of a professional teacher is to lead by example in behaviour, dress and manners. Students cannot be expected to act in a calm, professional manner if the teacher they learn from is not observing these standards. In this case, a teacher must be punctual and respectful of those around him/her in order to achieve mutual respect in the classroom. Truthfully, one must be able to present the current subject with confidence and knowledge, granting the students proper fortitude to ask questions. It is important to have knowledge of the subject, but also to portray this knowledge to the students in a way that is easy to understand. To do this, a teacher must employ pedagogical knowledge; this may include a system or mnemonics, examples, demonstrations, metaphors, simulations or models (Eggen Kauchak 2010). With visual aids, subjects gradually become simpler to explain and easier for students, and with this, students become less frustrated and more satisfied with the teacher, and themselves. Module 2 A failure to target the zones of Proximal Development The distance between the actual developmental level as determined by independent problem solving and the level of potential development as determined through problem solving under adult guidance, or in collaboration with more capable peers (L.S. Vygotsky: Mind in Society p. 86) From this weeks study into this topic I can deduct many times within my experience where I had failed to target this zone, or the same situation had been put upon me. As a voluntary student of a foreign language, I indeed find many conflicting ideas within non-native speakers, also vast amounts of confusion and disarray when speaking/reading and writing. Recently, a few of my friends and I were practicing our language skills, a new friend of mine was a newcomer to this form of study, and was yet to gain a concrete knowledge of the topic. It was in this instance where I had, so to say jumped the gun on the abilities of those around me, being that I have been studying the topic for more than a year. The newcomer, who had just entered the group, seems confused and frustrated, mainly with the shock that her skills which she believed were well-studied were actually lacking in focus and practicality. Through this disarray of confusing mannerisms I had approached the newcomer offering assistance, however, said assistance was not presented in her mother tongue. There were parts of the language she could understand, parts she could build upon and parts she had not covered yet which only resembled meaningless and confusing sounds. Upon reflection, this greatly represents Vygotskys graph (L.S. Vygotsky: Mind in Society) explaining the three specific zones that one can be placed in terms of the subject at the present time. I had given amounts of information to the girl, but not the means to properly use it. A selection of gramma r terms that were far beyond what she had heard before would not assist her in constructing sentences and communicating with those around her. At a later date, this was rectified with more collaboration with her, through this practice and development we have both become more advanced with the topic, pointing out each others mistakes and forming group discussions on how to improve ourselves. Module 3 As a Professional Teacher As a university student in the discipline of teaching it is easy to assume that on the first day of walking into a classroom, the students will consider a new teacher as a new friend. This would be an ideal situation, however for most new teachers; a very neutral response is given from their new students. It is important in this case, to establish a system of behavioural consequence. This means a system of reinforcement and punishment to keep a positive environment (Eggen Kauchak 2010 p.168). The reality is that all faculties at one point or another will be faced with situations where discipline will need to be applied, however it is important to understand which degrees of management need to be applied for different situations. There are three degrees of misbehaviour, and each degree requires different action.    The most subtle of these methods is plain punishment, which decreases the likelihood that the incident will occur again (Eggen Kauchak 2010 p.168); this can be the event of a student talking in class. The next level is presentation punishment; this is a decrease in behaviour from being given a stimulus. The final level is removal punishment, in which a decrease in behaviour occurs from a stimulus being removed (Eggen Kauchak 2010 p.168). Along with understanding these principles, it is critical to know how to apply them effectively, and which methods of ineffective or inappropriate. One degree of these forms is Desists. Desists are non-verbal methods that a teacher uses to stop disruptive behaviour (Eggen Kauchak 2010 p.172).  This is appropriate for small disturbances; however this may not be strong enough for a larger disturbance and may require means such as a Timeout. A time out is a method involving removing the student from his or her peers so as the student cannot receive positive reinforcement from others. The final method of this is Detention, which is similar to the previous time out method. While these two are similar, the detention method is typically used more commonly with older students. This method aims to take away the free time of disruptive students by assigning them with after school time (Eggen Kauchak 2010 p.172). Most commonly students will need to sit and do nothing for at least half an ho ur, which for a disruptive student can be very tedious. Therefore, this method is very strong with discouraging the behaviour. Module 5 The Importance of Meaningful Learning. It can be often noted that the motivation and attention span of students can often be hard to grasp and expand upon; this can create many barriers to the learning experience of the student and the teaching experience of the teacher. It is for this reason that educators are constantly examining teaching methods in the aim to create the best environment. Since the birth of education there have been countless psychological theories regarding how information is received, perceived and processed by the learner. One of these many theories the theory of relevance proposed by Dan Sperber and Deirdre Wilson, this theory suggests that one will search for their own meaning within any form of communication (Sperber, Dan and Deirdre Wilson. 1987). The concept of a real-world task, often called an authentic task is to create an activity for the students which require a similar pattern of thought to that required in a real world setting (Eggen Kauchak, 2010 p.233). This is a useful tool for the teacher to encourage motivation and convey to the students the importance of the topic while preparing for the situation when it occurs out of the classroom environment. A teacher can easily convey the importance of this by remarking upon the studies in previous years that the students had partaken in. For example, a first grade student will learn to read and write, because of the extreme relevance of this task, it is placed as an educational priority for young students. Reading and writing become increasingly important once the students begin new studies, the new skill gained from this education has prepared them for a great variety of real world situations. Meaningful learning occurs within real world tasks because of the relevance and impact on motivation it gives the students. A student drawing meaning and relevance from a task is a critical issue in the retention of knowledge, a strong amount of communication and involvement with students is a highly profitable tool in the aim of increasing knowledge. It is critical to display the information of the task to the students, but equally as important to explain why it needs to be taught. A teacher can easily gather materials to demonstrate real-world tasks, such as creating models, giving examples and preparing presentations. The greatest learning occurs when the students knows that the knowledge is critically important to obtain, for this reason, the most meaningful learning occurs within real-world tasks. Module 6 Motivational Learning. Motivation is at the heart of all learning (Eggen Kauchak, 2010 p.283), it involves goal-directed activity being instigated and sustained (Eggen Kauchak 2010. P.284). To begin to understand motivation, it is important for the learner to ask why the information is meaningful to them. Every teacher wants their students to be motivated, and many mistakenly believe that the content they are teaching while provide motivation the students without any amount of stimulation. While some students are naturally driven learners, others require inspiration from their teachers and peers, students who are internally driven to learn will more often willingly work to improve their skills (Wigfield, A. Et al. 2004. p. 299-309). Some students will be self-determined, and possess an internal motivation to act and control their environment (Eggen Kauchak 2010. P.291), many students with this kind of internal motivation are consciously aware of their academic progress (Schacter, Daniel. 2011. p.340). There are many ways to encourage motivation within the classroom, along with giving rewards to those show motivation and encourage others. Some ways to encourage students include visual methods such as creating models and presentations, the increases the attention span of students. Other methods to increase motivation include, praising students in big and small ways, spreading enthusiasm, creating real-world tasks to raise interest in the subject and involving the students in classroom activities. An open and positive atmosphere is one that all educators should desire to create; this means a democratic and communicative approach to learning. A teacher should call upon students in groups as well as individually and create lesson plans that differ from one another. One can also call upon methods such as incentive theory, in which a reward is presented for a positive action. Another useful method of motivating and empowering students is to hand over a certain extent of responsibility, many primary school have systems that permit older students to pass knowledge onto new and younger students. This system is useful for two factors; the younger student gains knowledge from a peer, rather than a teacher, this makes the student feel comfortable, simultaneously the older student is entrusted with a duty of care and responsibility toward the younger student, this can greatly increase motivation and pride in ones own skills. It is critical to view your students as customers receiving a service, and a certain level of service is expected. As with any service provided, it is important to keep ones customers interested and returning, the social construct of a classroom can be easily related to this. Module 9 The Essential Skills of a Teacher A great teacher needs to be a great person, a great teacher can come in many forms and the style of teaching may not always be strictly academically oriented. A great teacher is one who does not leave a single student behind, one who is not afraid to change the plan of the lesson on short notice and conveys knowledge that is easy to understand while encouraging the joys of learning. A learning environment aims to expand not only knowledge, but social interaction; an important technique is to focus on involving each and every student in an environment of cooperation and social tranquillity. This environment may be difficult to achieve, and the techniques for many are more easily conveyed in text rather than real-world interaction. Because of this fact, faced with great hostility in the beginning, many new teachers must call upon their training and personality to create a classroom of keen young learners. One must be equipped with a set of essential skills from academic and personal backgrounds. Some of these skills include attitudes, organisation, communication, focus, feedback, questioning, review and closure (Eggen Kauchak, 2010 p.400). With these skills, a teacher can organise and motivate a class, inspiring students to further pursue new knowledge and complete previously set goals. Effective communication is the key to any social environment; I believe I possess precise language, connected discourse, transition signals and emphasis to convey a point to an audience. Feedback to students is essential for progress, praise given to individual students helps develop relationships; this must be equally distributed among all students for the greatest effect. A teacher praises a student based on answers they expect to hear at the same level of answered they actually hear (Good Brophy, 2008). It is paramount to communicate and collaborate with students effectively, to this effect one should desire to create what is referred to as a community of learners. This community aims to create a learning environment in which all students and teachers work together for the good of everyone (Eggen Kauchak, 2010, p.228). A good teacher emphasises the importance of sociocultural theory to create further dimensions of learning, this theory suggests that one should place importance on the larger cultural context in which learning occurs (Kozulin, 1998). As a teacher in training, I believe I possess social and enthusiastic skills to create a positive environment, with the further study into this degree I can gain a comprehensive understanding of how to convey raw knowledge to an audience more effectively, I believe through experience and study I can improve these skills. The most difficult skill to acquire and develop is a vast cultural understanding of the different cultures and attitudes faced in todays classrooms. Although these challenges may seem daunting in the beginning, they produce great effects one the goals are accomplished. Eggen, P., Kauchak, D. (2010). Educational psychology: windows on classrooms. New  Ã‚  Jersey: Pearson Education, Inc. Good, T. L., Brophy, J. E. (2008). Looking in Classrooms (10th ed.). New York: Pearson. Kozulin, Alex 1998. Psychological Tools: A Sociocultural Approach to Education L.S. Vygotsky: Mind in Society: Development of Higher Psychological Processes Schacter, Daniel. (2011) Psychology. Worth Publishers. Sperber, Dan and Deirdre Wilson. (1987) Prà ©cis of Relevance: Communication and Cognition. Behavioral and Brain Sciences. 10, 697-754. Wigfield, A., Guthrie, J. T., Tonks, S., Perencevich, K. C. (2004). Childrens motivation for reading: Domain specificity and instructional influences. Journal of Educational Research.

A Comparison of Othello and the Movie O Essay -- Movie Film comparison

A Comparison of Othello and the Movie O When Shakespeare composed the tragedy Othello televisions were not. Along with no televisions, life in the late 1500s had many different qualities than it does today. This time period had no war on drugs and no high school shootings. Peer pressure was not an issue. The audiences of Othello in the 1500s did not face the circumstances that we, American high school students, face today. With these significant differences in daily life, come the attempts of movie creators to help prevent our modern day tragedies. The movie "O", released on August 31, 2001, is a retelling of Shakespeare's Othello set in a college prepatory school. This movie, shelved over two years due to the epidemic of high school shootings in the late 1990s, is an attempt to take in hand these disasters caused by peer pressure and jealousy (Kurnit). "O" is an effective restoration of Shakespeare's Othello in this day and age as it addresses issues that are imperative and dangerous to its audience. Jealousy is a dominating factor in both the modern day and Shakespearean Othello. In Othello, the jealousy develops from Iago, who thinks he has been overlooked as his flag officer and as Othello's loyal best friend. In "O", Hugo is jealous of his father's relationship with Odin. Hugo's father, Duke, is also the basketball coach of the team both Odin and Hugo play for. Odin is the team captain and receives the "most valuable player" award which he shares with his "go-to guy," Mike--not Hugo. Hugo believes that he is the M.V.P. of the Hawks and is filled with jealousy when his father gives the award to Odin and says, "I'm very proud to say this publicly, I love him like my own son" ("O"). I've ... ...ence more reasoning to the jealousy of the characters and the actions they take. With the changed setting come many differences: drugs and alcohol, peer pressure, violence, and different sources for jealousy and hatred. These issues are the dilemmas we, as teenagers in this new millennium, are faced with day to day. "O" addresses these new era evils without abandoning the original themes and major issues of Shakespeare's Othello. The audience can relate to a story written down hundreds of years ago and benefit from it. Works Cited Hartnett, Josh. Interview following "O". 23 March 2010 Kurnit, Scott. "O" movie review. www.romanticmovies.about.com 20 March 2010 List of School Shootings. www.abcnews.com 20 March 2010 Nelson, Tim Blake. Interview folloing "O". 23 March 2010 "O". dvd. Dir. Tim Blake Nelson, Lions Gate Films, 2001 Â  

Robert Browning Essay -- Essays Papers

Robert Browning Robert Browning was born on May 7, 1812 in a house on Southampton Street in Camberwell England. This was located in the new Suburbs of London. He was born to the parents of Sarah Anna Widerman and Robert Browning Senior. On the night of his birth a comet blazed over England. Browning had one younger sister born in 1814 named Sarina. Browning was born to very liberal art parents. His father loved painting and wanted to be an artist. He also loved to read and had a library of 6000 books. Some of these books were original editions. He turned down a sugar plantation that was left to him by his mother in India because they used slaves. Browning Senior became a clerk at the Bank of England. Sarah Browning was a typical Victorian wife and mother. She took excellent care of her kids and house. She loved gardening, was a good pianist, and would read to her kids when they were small. Browning had a very close relationship with his family and always had the deepest respect for his parents and family. His childhood is often described as very uneventful, his family lived in a country neighborhood and although they were not rich they were considered upper middle class. So they could indulge in giving their kid whatever education they desired. Browning’s parents were very supportive to the type of education their children received. No one knows when he started writing poetry his earliest attempts at writing mimic Byron or Wild Ossianic. But at about nine years old he wrote a poem on Napoleon Bonaparte, Browning’s father thought it to be a good poem for a nine-year-old to write. Browning was sent to school before he was five years old. He was eventually was removed from the school because he had learned all that... ...oems. Browning had been staying in Venice at his son’s house; he died the same day he received a copy of this work. He died from bronchitis and was buried in the Poets’ Comer of Westminster Abbey. Browning never received the acclaim that he wanted till he wrote his most popular poem, The Ring and the Book. As popular as the poem was it is not read often today. Now looking back on Browning’s work it is seen that the public and the critics misunderstood his poetry. Works Cited Cohen, J.M. Robert Browning. London: Longmans, Greenland Co. Ltd., 1952 Gridley, Roy E. Browning. London: Routledge and Kegan Paul Ltd, 1972. Roberts, Adam. Robert Browning Revisited. New York: Twayne Publishers, 1996. Sharp, William. Life of Robert Browning. London: Walter Scott, 24 Warwick Lane, 1890. Sprague, Rosemary. Forever In Joy. Philadelphia: Chilton Company, 1965.

The White Doe, by Francesco Petrarch Essay -- TPCASTT for The White Doe

Title: When looking at this poem's title, one can get many ideas of what the poem will be about. One of the ideas that I got when I read the title was that it was going to be about a white female deer that was being hunted by a hunter. Another one that I thought up was that a white deer is an angel from heaven that will save someone. The last idea that I came up with was that it was about a white deer that was camouflaged in some snow to escape a predator. Paraphrase: In the first stanza, the speaker mainly describes the doe and its surroundings. The speaker says that the doe is all white with golden antlers. The speaker says that the doe is standing in the shade between two streams in a green opening in a forest. In the second stanza, the speaker tells how he left his work to follow the doe because she was so beautiful. The doe must have run off into the woods because he compares his looking for the doe to a miser searching for his treasure. He also seems to be happy while he is looking for the doe. In the third stanza, he finds the doe once more. The way I interpreted this stanza was that the doe was wearing a collar with a diamond on it. I came to this conclusion because the stanza's first two lines say, "Around her lovely neck 'Do not touch me'/Was written with topaz and diamond stone[.]" It seems as though the doe was once owned by someone because the stanza continues the inscription on what I believe to be the collar: "'My Caesar 's will has been to make me free.'" I think it is some kind of ghost deer that was once owned by Julius Caesar. The last stanza basically says that he was chasing the deer until noon. He says that he was so tired he could barely see, and he fell into the stream. When he got out the doe was gone... ... Title: The title is the subject of the poem. It is not a very specific title so the reader can make many inferences about what the poem will be about. The title just simply says "The White Doe." It does not say "The White Doe that was Spotted by a man Working in the Woods and Decides to Follow but falls into a Stream." So until the reader actually reads the poem, he or she will not really know what the poem will be about. The title contributes to the overall effect of the poem because the white doe is the subject of poetry in the poem. Theme: What the poet is trying to tell the world is that just because someone throws something a way does not mean one can take it from the garbage and keep it as his or her own. If the person that threw the object away wanted someone else to have it, he or she would put it up for sale or give it away.

Different types of farming Essay

Farming has contributed to communities by being a source of income and food. As stated in the Oxford Dictionary â€Å"farming is the activity or business of growing crops and raising livestock.† Different communities use different types of farming to suit their way of living. They either use commercial or subsistence farming. Commercial farming is farming that is done by companies and raising of crops and livestock for sale in outside markets. Subsistence farming is self-sufficiency farming which means farmers focus on growing enough food to feed their families. Farming has been depended on to sustain a good economy in many societies. The term economy is defined as â€Å"the wealth and resources of a country or region, especially in terms of the production and consumption of goods and services,† in the Oxford Dictionary. There are three types of economies planned economy, mixed economy and free economy, and in The Bahamas the mixed economy is practiced. A mixed economy is an economic system that includes a mixture of capitalism and socialism. This type of economic system that includes a combination of private economic freedom and centralized economic planning and government regulation. The Bahamas is heavily dependent on the tourism, banking and construction industries. The Bahamas is mainly dependent on tourism but the tourism rates have and are declining. Tourism is the practice of traveling for recreation for business and leisure purposes. There are many different jobs that are in the tourism industry. Some are construction workers, hotel managers and other positions that are available and taxi drivers. Since the recession is global less people have travelled and visitor arrivals have fallen. This has forced businesses to close and as a result people have lost their jobs. The tourism industry has provided work for half of the Bahamian workforce. With contributions from other industries such as farming the effects of this recession can be minimized. Contribution means the act of giving in common with others for a common purpose. If the farming industry is used then less jobs will be lost and more jobs will be provided, and decrease our dependence on imported foods. One contribution that farming can make is creating jabs. Jobs in the country are important because it provides the necessary items for families. A Job is â€Å"to carry on public business for private gain,† according to the Webster dictionary. Jobs provide money to circulate around the country to improve the country and to help with the welfare of families in the country.

Liner Shipping

AN INTRODUCTION TO LINER SHIPPING BUSINESS NATURE AND SCOPE OF LINER SHIPPING BUSINESS: LINER SHIPPING BUSINESS A BRIEF HISTORICAL PERSPECTIVE OF SHIPPING THE MAIN CHARACTERISTICS OF LINER SERVICE THE MAIN CHARACTERISTICS OF TRAMP SERVICE TYPES OF LINER SERVICE OPERATORS THE IMPORTANCE & NEED FOR LINER SERVICE LINER TRADE ROUTES A BRIEF HISTORICAL PERSPECTIVE OF SHIPPING:The spirit of enquiry – looking beyond the forests, mountains, deserts & oceans. The era of explorations European expeditions Discovery of the Americas The Suez and Panama canals and other canals/waterways changed the course of shippingIndustrial Revolution Increase in trade Newer markets and opportunities Large-scale shipping lines only became widespread in the nineteenth century, after the development of the steamship in 1783. Great Britain was the center of development of the shipping line. In 1819 the first steamship crossing of the Atlantic Ocean took place. By 1833 shipping lines had begun to operate ste amships between Britain and British Empire possessions such as India and Canada. Three major British shipping lines were founded in the 1830s: The British and American Steam Navigation Company.The Great Western Steamship Company The Peninsular Steam Navigation Company.HISTORICAL PERSPECTIVE1. Evolution of Shipping as an industry that arose from man’s quest for seeking new frontiers and later on played a major role in world trade.2. Growth of markets from local to neighbouring settlements / villages / towns/cities/countries and continents across the oceans in the 18th century. Seafaring communities could be found all over the world, the Egyptians, the Phoenicians, the Greeks, the Romans, the Norwegians, the British, the Dutch, the Portuguese, the Chinese, the Indians and many more.3. Discovery of new continents: The Americas and routes to various countries. The major man-made alterations in the geographic landscape that change the world. The Panama canal connected the Atlantic and the Pacific oceans while the Suez canal connected the Mediterranean sea in Europe and the Red Sea in Asia.4. Industrial Revolution and the invention of the steam engine caused a major shift in the way ships operated – wind powered to steam powered. The trade routes moved from being guided by wind and ocean currents to routes chartered by man to countries and continents around the globe.5. The inter-dependence of people and their produce and the role of ship owners and merchants in the development of new markets overseas.6. The advent of Tramp and Liner Shipping Business as the demands of the merchants and trading community grew during the 19th and 20th to have regular service to destination of their choice that was dependable, reliable, fixed route and timeframe to meet the requirements of their overseas customer.Characteristics of Liner Shipping Tramp* vs Liner Shipping* Dictionary Meaning – vagrant, homeless, vagabondTramp service is driven by demands of the mer chant in carrying goods in large quantities to specified location, does not have a fixed schedule or tariff in the sense that the freight rates are negotiable per voyage, Whereas Liner Shipping is driven by demands of the merchant in carrying goods in smaller quantities, that is unitized or break-bulk, on a specified route, operating with a regular schedule, to pre-advertised ports of call and fixed tariff.Types of Liner Service:   Break-bulk – lumber, wood-chips, liquids, grains, crude-oil, over dimension cargo. ? Container or cellular vessel – Containers Roll-on/Roll-off vessel – to carry fully built motor vehicles of all shapes & sizes ? LASH (lighter* aboard ship) or Kangaroo ships, lighter transport ships ? Passenger/Luxury Cruise Liner – ferrying people on work or leisure†¢ A lighter is a gearless barge or a small vessel that can carry cargo along rivers waterways to the sea and then can be loaded onto the mother vessel in the port.The Classi fication of Service Pattern:1. The Feeder service2. RTW or round-the-world3. The Pendulum Service4. Hub and Spoke5. End-to-endReview questions:1. Explain the path of change the sea-borne trade has undergone to reach it present level. Also indicate the factors that influenced the growth of sea-borne trade.2. What is Tramp service?3. Identify the main characteristics of Liner Service4. Draw a comparision between Tramp and Liner Service5. Identify the various types of Liner Service6. How are the Liner Service pattern classified explain.THE MAIN CHARACTERISTICS OF TRAMP SERVICENo fixed schedule – the ship calls at ports â€Å"subject to inducement†. Serves customers with large shipments Eg. Ore, coal steel, crude oil, food grains, fertilizers – full shiploads Freight rates are negotiable – No Tariff On a charter – voyage, time or bareboatTHE MAIN CHARACTERISTICS OF LINER SERVICE:A fleet of ships sailing between pre-advertised port that call at the port s en-route to load/discharge cargo. Maintain a fixed schedule. Offer cargo space to customers irrespective of volume CY/FCL : Full container OR CFS/LCL : Less-than-container load Carry general cargo and/or unitized cargo in ISO containers A pre-deterimined Tariff structure based on port-pair & commodity. Large organisation structure –network of office/agents Specified Port rotation for example: Bangkok-Laem Chabang-Ho Chi Minh City-Singapore- Chennai-Singapore–Laem Chabang-Bangkok Fixed schedule:BKK: Sat/Sun LCB: Mon/Mon VICT: Wed/Wed Cat lai: Wed/Thur SIN: Fri/SatMAA: Thur/Fri SIN : Wed/ThursLCB: Sat/SatBKK: Sat/SunROLL-ON/ROLL-OFF LINER SERVICE – HISTORY: At first, wheeled vehicles carried as cargo on ocean going ships were treated like any other cargo. Automobiles had their gas tanks emptied and their batteries disconnected before being hoisted into the ship’s hold, where they were chocked and secured. This process was tedious and difficult, vehicles w ere subject to damage, and could not be used for routine travel. Landing craft during World War II: Post war, the idea was adopted for merchant ships and short ferry crossings.The first RoRo service crossing the English channel began from Dover (Dover is a town and major ferry port in the county of Kent, in South East England. ) It faces France across the narrowest part of the English Channel†¦. TYPES of Roll on Roll off vessels: ROPAX The acronym ROPAX (roll on/roll off passenger) describes a RORO A ferry is a form of transport, usually a boat or ship, used to carry passengers and their vehicles across a body of water. Ferries are also used to transport freight and even railroad cars †¦. vessel built for freight vehicle transport but also with passenger accommodation.The ConRo vessel is a hybrid between a RORO and a container ship. A RoLo (roll-on lift-off) vessel is another hybrid vessel type with ramps serving vehicle decks but with other cargo decks accessible only by crane. Roll-on/roll-off (Roll on/Roll off) Ships were designed to carry wheeled cargo PCTC – Pure car- carriers or Pure Car /Truck Carriers: While the characteristics of seagoing RORO car ferries have inherent risks, there are benefits to its seaworthiness. For example the car carrier Cougar Ace The Motor ship Cougar Ace is a Singapore-flagged roll-on/roll-off car carrier vessel.The Cougar Ace was built by Kanasashi Co. of Toyohashi, Aichi and launched in June 1993†¦. listed 80 degrees to its port side in 2006 but did not sink, since its high enclosed sides prevented water from entering. Unlike in the shipping industry where cargo is measured by the metric tonne, RORO cargo is typically measured unit of LIM â€Å"lanes in metres†. This is calculated by multiplying cargo length in metres by its width in lanes (lane width differs from vessel to vessel and there are a number of industry standards). Aboard PCCs cargo capacity is measured in RT or RT 43 units which is based on a 1966 Toyota or by car equivalent units (CEU).THE ERA OF CONTAINERIZATION:As the progress was made in terms of unitization of the goods that is packaging the goods in a suitable manner for proper stowage and safe carriage during a shipment from one country to another the simple box, case, crate, cask or drums, pallets, skids and vans slowly evolved the concept of containerization – container made of steel or aluminum that would make handling of cargo easier. Definition: Containerization is a method of distributing merchandise in a unitized form thereby permitting an intermodal transport system to be developed providing a possible combination of rail, road, canal and maritime transport.For as long as people have been sailing the oceans they have been trading with other countries. The great empires of the world, from the Egyptians to the British Empire, were all built on ocean trade. As far back as 1792, boxes similar to modern containers emerged in England and these were transported with horse and wagon and later moved via rail. The U. S. government used containers during the Second World War.Modern container shipping began in 1956, when Malcolm McLean, a trucking entrepreneur from North Carolina, U. S. bought a steamship company with the idea of transporting entire truck trailers with their cargo still inside. Various companies in the U. S. began to adopt containerisation. In 1966, the vessel Fairland owned by Sea-Land sailed from the U. S. to Rotterdam in the Netherlands with 256 containers. This was the first international voyage of a container ship. During the 1970s container shipping expanded dramatically and ports were established in every continent in the world. This was the beginning of the expansion that made container shipping the backbone of global trade.Transporting goods in large volumes makes it cheaper – ‘economies of scale’ improved and therefore the unit cost of the products became more competitive. Transpor ting goods by container ship is also better for the environment. It is estimated that on average a container ship emits around 40 times less CO2 than a large freight aircraft and three times less than a heavy truck. Container shipping is also estimated to be two and a half times more energy efficient than rail and 7 times more so than road. Container shipping is different from conventional shipping because it uses ‘containers’ of various sizes – 20 foot (6. 9 m), 40 foot (12. 18 m) , 45 foot (13. 7 m), 48 foot (14. 6 m), and 53 foot (16. 15 m) – to load, transport, and unload goods DEVELOPMENT OF SUITABLE INFRASTRUCTURE: The introduction of containers in shipping also saw the development of infrastructure at the port and the container yards that was required to handle the containers safely with the cargo. A container crane (also container handling gantry crane, ship-to-shore crane ) is a design of large dockside gantry cranes found at container terminals f or loading and unloading intermodal containers from container ships.The first use of a container crane was constructed by Paceco Corp. for Matson (a marine terminal in Alameda, CA) in the early 1960s and was called a Portainer. Container cranes consistent of a supporting framework that can traverse the length of a quay or yard, and a moving platform called a â€Å"spreader†. The spreader can be lowered down on top of a container and locks on to the container's four locking points (â€Å"corner castings†), using a â€Å"twist lock† mechanism. Cranes normally transport a single container at once, however some newer cranes have the capability to up pick upto four 20†² containers at once.A fully maneuverable version not using rails is a rubber tyred gantry crane Containers are generally referred to in terms of TEU â€Å"Twenty foot equivalent† while the standard size of containers that exist in shipping are for further details the students may refer to t he container specifications distributed: CONTAINER TYPES: DRY FREIGHT CONTAINERS INSULATED CONTAINERS REFRIGERATED CONTAINERS BULK CONTAINERS VENTILATED CONTAINERS FLAT RACK & PLATFORM CONTAINERS OPEN-TOP CONTAINERS TANKS CONTAINERS SEA CELL CONTAINERS MILITARY CONTAINERS SWAPBODIES HANGER CONTAINERS

Reflection about

Wars seemed like things that only happened in the past or in movies, but now we grew up seeing the news, the deadlines, and the stories of the horrific events that have been happening since 2001 and now we see them as normal issues in our world, our perspective about the wars, social and political tragedies are way too normal now.This film made me think about how twisted the mind of some people is, how they can agree to destroy the life of many innocent people, either way for the AH-Qaeda group and for the â€Å"supposedly† attack of the Americans to the Muslim people that Osama Bin Laden once claimed. It also got me thinking hat the security of the airports back in those days were highly poor, maybe they trusted more or they didn't even wonder that someone would dare to hijacked a flight, but of course it changed after all this tragedies, now you can't even travel with liquids that are more than 3 oz. ND obviously you can't travel with knives anymore. This film made me feel s o disturbed and uncomfortable, seeing what it actually happened in those towers, the Pentagon, how people were running for their lives, how they were struggling to get out and survive the hell that hey lived in, and the death of all the people that were in those planes.It made appreciate that life can be taking away from us in just the matter of 1 second, we should appreciate all the things that we have no matter what and always demonstrate the love that you have towards your family, never skipping a day telling that you love them. What I found most surprising/interesting was that all of this events happened in such a small matter of time, in less than 3 hours bunch of things happened, he two Twin Towers were hit, the Pentagon was hit also by an airplane, and that the passengers took over the plane that was going to hit the White House.Also I found out to be really interesting that the people that were in the United Airlines Flight 93 were brave enough to go and risk their lives jus t so they could save the life Of others, those people are the kind who should be called heroes. What I found most shocking or disturbing is that the fact of people who were in the Twin Towers got so desperate and they decided to kill themselves by mumping out of the building because they gave up, they couldn't stand all the suffer and the agony of being trapped in a 80 floor building and be completely helpless.Also, I got so disturbed in just thinking of hearing some outdoor soft music that was coming from the speakers while people were dying in the inside of those 2 buildings. The music felt and sounded so demoniac, like if it were a horror film. It is important for people to know about 9/11 because it was an event that left a mark in the world that we live in, it changed so many lives and the lifestyle f most human being in the Earth.It got some consequences that can explain why the present is like it is, the consequence of the problems that 9/11 caused, and because it's a tragic event that happened in our lifetime and we saw everything that was happening. Also, we should be informed in all the important and basic events that the humanity has lived and not repeating them again, these are mistaken decisions that people have made and We need to learn from them to not committing them again.

Case Briefing and Problem Solving

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