Monday, January 20, 2020

Acquisition Strategies in DoD Procurements :: essays research papers

General Considerations Each PM must develop and document an acquisition strategy to guide program execution from initiation through reprocurement of systems, subsystems, components, spares, and services beyond the initial production contract award and during post-production support. The acquisition strategy evolves through an iterative process and becomes increasingly more definitive in describing the relationship of the essential elements of a program. A primary goal of the strategy is to minimize the time and cost it takes, consistent with common sense and sound business practices, to satisfy identified, validated needs, and to maximize affordability throughout a programs useful life cycle. In developing the acquisition strategy, the PM considers all policy guidance contained in the acquisition strategy portion on DoD 5000.2R. In documenting the acquisition strategy, the PM provides a complete picture of the strategy for the decision makers who will be asked to coordinate on or approve the strategy document. The PM ensures the document satisfies the requirements of DoD 5000.2R for the acquisition strategy to identify, address, describe, summarize, or otherwise document specific, major aspects or isues of the program or strategy. The PM develops the acquisition strategy in preparation initiation, prior to the program initiation decision, and updates it prior to all major program decision points or whenever the approved acquisition strategy changes or as the system approach and program elements become better defined. The PM engages the Working –Level Integrated Product Team (WIPT) and Operational Test Agency (OTA) in the development of the acquisition strategy, and obtains concurrence of the Program Executive Officer and Component Acquisition Executive , as appropriate. The Milestone Decision Authority approves the acquisition strategy prior to the release of the formal solicitation. Approval usually precedes each decision point, except at program initiation, when the acquisition strategy usually is approved as part of the milestone decision review. REQUIREMENTS The acquisition strategy provides a summary description of the requirement the acquisition is intended to satisfy. The summary highlights aspects of the requirement (1) driven by family-of-systems or mission area requirements for interoperability, and (2) that reflect dependency on planned capability being achieved by other programs. The summary also states whether the requirement is structured to achieve full capability in time-phased increments or in a single step. For time-phased requirements, define the block about to be undertaken, as well as subsequent blocks. The acquisition strategy identifies approved source documents constituting the authoritative definition of the requirement such as the Operational Requirements Document (ORD), Capstone Requirements Document (CRD), and Acquisition Program Baseline (APB).

Sunday, January 12, 2020

Asperger Syndrome 3

Asperger syndrome is an autism spectrum disorder and is considered a high functioning form of Autism. Autism spectrum disorders are also known as pervasive developmental disorders and can affect social skills and communication. Asperger syndrome can also delay the development of motor skills and cause sensory problems. While there is no cure for Asperger syndrome, there are treatments to help teach the skills affected by Asperger to patients to help them cope with the disorder. Research is currently being conducted to find the causes of Asperger syndrome and other effective treatment methods. The symptoms of Asperger syndrome are caused by delays in several areas of development such as social skills, communication skills, motor skills, and language skills. Patients with Asperger syndrome can become over-focused on a single topic or object and will want to know everything about the topic and will talk very little about anything else. Their areas of interest may be extremely narrow and they will often rattle off facts about their topic of interest with no conclusion or connection to conversation (Asperger Syndrome-PubMed Health). Asperger patients also exhibit social awkwardness and have trouble forming relationships. Eye contact, use of facial expressions, and body language are impaired in patients and can inhibit regulation of social interaction. Patients may also lack emotional empathy and the ability to recognize social cues (OASIS @ MAAP – What Is Asperger Syndrome? . Speech may have a lack of rhythm, odd inflection, or a monotone pitch in patients with Asperger syndrome. They may also lack the control to match the volume of their voice to their surroundings (Asperger Syndrome Fact Sheet). Asperger syndrome patients may show delays in motor development and exhibit unusual physical behaviors such as repetitive arm flapping, twisting, or other whole body movements (Asperger Syndrome – PubMed Healt h). Asperger syndrome is very difficult to diagnose. People with Asperger syndrome often function very well in everyday life, so the signs and symptoms exhibited are often just recognized as â€Å"quirks† or a way of just being different. If a child exhibits any symptoms of Asperger syndrome, it is extremely important to seek the help of a doctor and they will refer you to a mental health professional or a specialist for further evaluation. A â€Å"psychological exam† will be performed to compile a history of when the symptoms first apeared, the development of motor skills and language patterns, and other aspects of behavior and ersonality. The earlier an evaluation is conducted, the sooner treatments can be started to improve a child’s development with Asperger syndrome (Asperger Syndrome). Asperger syndrome has no cure, but with treatments and medications, many children with Asperger syndrome grow into well-developed, productive adults. The majority of diagnosed children benefit from specialized treatments that f ocus on social skills training and behavior management. Some of these treatments include communication and social skills training and cognitive behavioral therapy. There are no medications that specifically treat Asperger syndrome, but there are some medications that can help improve symptoms such as anxiety, depression, and hyperactivity including Aripiprazole, Guanfacine, Selective serotonin reuptake inhibitors, Risperidone, Olanzapine, and Naltrexone (Staff, Mayo Clinic). Parent training is also helpful in continuing treatment at home and teaches parents techniques to be used at home to better their child’s development (Asperger Syndrome – PubMed Health). Research is currently being conducted to understand the causes of Asperger syndrome and to find more effective treatments. A study is currently being conducted using functional magnetic resonance imaging to show how abnormalities in particular areas of the brain can cause the symptoms of Asperger syndrome and autism spectrum disorders. There is also a large-scale study comparing neuropsychological and psychiatric assessments of children with possible diagnoses of Asperger syndrome and high-functioning autism to those of their parents and sibling to try to identify any patterns of symptoms that link Asperger syndrome and high-functioning autism to any specific neuropsychological profiles. A long-rang international study conducted by a collection of scientists from universities, academic centers, and institutions from around the world to collect and analyze DNA sample from children with Asperger syndrome and high-function autism, along with their families, to identify associated genes and how they interact. This study is better known as the Autism Genome Project and functions as a repository for genetic data so that researchers can try to find the genetic â€Å"building blocks† of Asperger syndrome an autism spectrum disorders (Asperger Syndrome Fact Sheet). Asperger syndrome is a high-functioning form of autism and is considered an autism spectrum disorder. It delays the development of many areas such as communication and social skills. Even though there is no cure for Asperger syndrome, with the right treatments and medications, most children with a diagnosis of Asperger syndrome and their families learn to cope with the symptoms of this disorder. Many adults with Asperger syndrome can develop to be happy, well-functioning, and productive adults with successful mainstream jobs and lead fulfilling independent lives with the right kind of treatment plans and support available to them. Works Cited â€Å"Asperger Syndrome – PubMed Health. † Web. 16 Oct. 2011. . â€Å"Asperger Syndrome Fact Sheet. † National Institute of Neurological Disorders and Stroke (NINDS). Web. 16 Oct. 2011. . â€Å"Asperger Syndrome. † KidsHealth – the Web's Most Visited Site about Children's Health. Web. 16 Oct. 2011. . â€Å"OASIS @ MAAP – What Is Asperger Syndrome? † OASIS @ MAAP – The Online Asperger Syndrome Information and Support Center. Web. 16 Oct. 2011. . Staff, Mayo Clinic. â€Å"Asperger's Syndrome – MayoClinic. com. † Mayo Clinic. Web. 16 Oct. 2011. .

Saturday, January 4, 2020

Biography of Carl Jung Founder of Analytical Psychology

Carl Gustav Jung (July 26, 1875 – June 6, 1961) was an influential psychologist who established the field of analytical psychology. Jung is known for his theorizing about the human unconscious, including the idea that there is a collective unconscious all people share. He also developed a type of psychotherapy—called analytical therapy—that helped people to better understand their unconscious mind. Additionally, Jung is known for his theorizing about how personality types, such as introversion and extroversion, shape our behavior. Early Life and Education Jung was born in 1875 in Kesswil, Switzerland. Jung was the son of a pastor, and even from an early age he showed an interest in trying to understand his inner mental life. He studied medicine at the University of Basel, where he graduated in 1900; he then studied psychiatry at the University of Zurich. In 1903, he married Emma Rauschenbach. They were married until Emma died in 1955.   At the University of Zurich, Jung studied with psychiatrist Eugen Bleuler, who was known for studying schizophrenia. Jung wrote a doctoral dissertation about occult phenomena, focusing on  a person who claimed to be a medium. He attended the sà ©ances she held as part of his dissertation research. From 1905 until 1913, Jung was a faculty member at the University of Zurich. Jung also co-founded the International Psychoanalytic Society in 1911. In the early 1900s, Sigmund Freud became a friend and mentor to Jung. Both Jung and Freud shared an interest in trying to understand the unconscious forces affecting people’s behavior. However, Freud and Jung disagreed on several aspects of psychological theory. While Freud believed that the unconscious mind consisted of desires that people have repressed, especially sexual desires, Jung believed that there are other important motivators of human behavior besides sexuality. Additionally, Jung disagreed with Freud’s idea of the Oedipus complex. Jung went on to develop his own theories, known as Jungian or analytical psychology. In 1912, Jung published an influential book in psychology, Psychology of the Unconscious, which diverged from Freud’s views. By 1913, Freud and Jung had experienced a falling out. Development of Jungian Psychology In Jung’s theory, there are three levels to consciousness: the conscious mind, the personal unconscious, and the collective unconscious. The conscious mind refers to all the events and memories that we are aware of. The personal unconscious refers to events and experiences from our own past that we are not fully conscious of. The collective unconscious refers to symbols and cultural knowledge that we may not have experienced firsthand, but which still affect us. The collective unconscious consists of archetypes, which Jung defined as  Ã¢â‚¬Å"ancient or archaic images that derive from the collective unconscious.† In other words, archetypes are important concepts, symbols, and images in human culture. Jung used masculinity, femininity, and mothers as examples of archetypes. Although  we are typically unaware of the collective unconscious, Jung believed that we could become aware of it, especially through trying to remember our dreams, which often incorporate elements of the collective unconscious. Jung saw these archetypes as human universals that we are all born with. However, the idea that we can inherit archetypes has been criticized, with some critics pointing out that it might not be possible to test scientifically whether these archetypes are indeed truly innate. Research on Personality In 1921, Jung’s book Psychological Types was published. This book introduced  several different personality types, including introverts and extroverts. Extroverts tend to be outgoing, have large social networks, enjoy attention from others, and enjoy being part of large groups. Introverts also have close friends they care deeply about, but they tend to need more alone time, and may be slower to show their true selves around new people. In addition to introversion and extroversion, Jung also introduced several other personality types, including sensing and intuition as well as thinking and feeling. Each personality type corresponds to the different ways people approach the world around them. Importantly, however, Jung also believed that people are capable of acting in ways consistent with a personality type other that their own dominant type. For example, Jung believed that an introvert could attend a social event they might normally skip. Importantly, Jung saw this as a way for people to grow and to achieve individuation. What Is Jungian Therapy? In Jungian therapy, also called analytical therapy, therapists work with clients to try to understand the unconscious mind and how it might be affecting them. Jungian  therapy attempts to address the root cause of a client’s problems, instead of just addressing the symptoms or behaviors that are bothering the client. Jungian therapists may ask their clients to keep a journal of their dreams, or to complete word association tests, in order to better understand their client’s unconscious mind. In this therapy, the goal is to better understand the unconscious and how it affects our behavior. Jungian psychologists acknowledge that this process of understanding the unconscious may not always be pleasant, but Jung believed that this process of understanding the unconscious was a necessary one. The goal of Jungian therapy is to achieve what Jung termed individuation. Individuation refers to the process of integrating all past experiences—good and bad—in order to live a healthy, stable life. Individuation is a long-term goal, and Jungian  therapy isn’t about helping clients find a â€Å"quick fix† for their problems. Instead, Jungian therapists focus on addressing the root causes of problems, helping clients gain a deeper understanding of who they are, and helping people live more meaningful lives. Additional Writings by Jung In 1913, Jung began writing a book about his own personal experience of trying to understand his unconscious mind. Over the course of years, he recorded visions he had, accompanied by drawings. The end result was  a journal-like text with a mythological perspective that was not published in Jungs lifetime.  In 2009, Professor  Sonu Shamdasani received permission from Jung’s family to publish the text as The Red Book. Alongside his colleague Aniela Jaffà ©, Jung also wrote  about his own life in Memories, Dreams, Reflections, which he began writing in 1957 and  was published in 1961. Legacy of Jung’s Work After Jung’s death in 1961, he continued to remain an influential figure in psychology. Although Jungian or analytical therapy is no longer a widely used form of therapy, the technique still has devoted practitioners and therapists  continue to offer it. Moreover, Jung remains influential because of his emphasis on trying to understand the unconscious.   Even psychologists who don’t consider themselves Jungians may still have been influenced by his ideas. Jungs work on personality types has been particularly influential over the years. The Myers-Briggs Type Indicator was based on the personality types outlined by Jung. Other widely used measures of personality also incorporate concepts of introversion and extroversion, although they tend to see introversion and extroversion as two ends of a spectrum, rather than two distinct  personality types. Carl Jung’s ideas have been influential both in psychology and outside of academia. If you’ve ever kept a dream journal, tried to become aware of your unconscious mind, or referred to yourself as an introvert or extrovert, then there’s a good chance that you’ve been influenced by Jung. Biography Fast Facts Full Name:  Carl Gustav Jung Known For: Psychologist, founder of analytical psychology   Born:  July 26, 1875  in Kesswil, Switzerland Died:  June 6, 1961 in  Kà ¼snacht, Switzerland Education: Medicine at the University of Basel; psychiatry at the University of Zurich Published Works:  Psychology of the Unconscious, Psychological Types,  Modern Man In Search of a Soul,  The Undiscovered Self Key Accomplishments:  Advanced numerous key psychological theories, including introversion and extroversion, the collective unconscious, archetypes, and the significance of dreams. Spouse Name:  Ã‚  Emma Rauschenbach  (1903-1955) Childrens Names:  Agathe, Gret, Franz, Marianne, and  Helene Famous Quote:  The meeting of two personalities is like the contact of two chemical substances: if there is any reaction both are transformed.   References â€Å"Archetypes.†, 4 Aug 2015. Associated Press. â€Å"Dr. Carl G. Jung Is Dead at 85; Pioneer in Analytic Psychology.† New York Times (web archive), 7 Jun 1961. â€Å"Carl Jung (1875-1961).†, 6 Jul 2015. â€Å"Carl Jung Biography.†, 3 Nov 2015. Corbett, Sara. â€Å"The Holy Grail of the Unconscious.† The New York Times Magazine, 16 Sept 2009. Grohol, John. â€Å"Carl Jung’s Red Book.† PsychCentral, 20 Sept 2009. â€Å"Jungian Psychotherapy.†, 5 Jan 2018. â€Å"Jungian Therapy.† Psychology Today. Popova, Maria. Memories, Dreams, Reflections: A Rare Glimpse Into Carl Jungs Mind.  The Atlantic  (originally published on  Brain Pickings), 15 Mar 2012. Vernon, Mark. â€Å"Carl Jung, Part 1: Taking Inner Life Seriously.† The Guardian, 30 May 2011. Vernon, Mark. â€Å"Carl Jung, Part 2: A Troubled Relationship with Freud – and the Nazis.† The Guardian, 6 Jun 2011. Vernon, Mark. â€Å"Carl Jung, Part 3: Encountering the Unconscious.† The Guardian, 13 June 2011. Vernon, Mark. â€Å"Carl Jung, Part 4: Do Archetypes Exist?† The Guardian, 20 June 2011. Vernon, Mark. â€Å"Carl Jung, Part 5: Psychological Types† The Guardian, 27 June 2011.

Friday, December 27, 2019

Self-Acceptance in Stargirl by Jerry Spinelly Free Essay Example, 2000 words

Stargirl, the protagonist of the novel Stargirl by Jerry Spinelly, is a great example of self-acceptance. Susan Julia Caraway, a 10th-grade girl, is a completely different and a mysterious sort of girl, who names herself Stargirl. She is a buoyant, free soul, who sings happy birthday songs, helps others and spreads happiness. Her self-awareness leads her to change her names to better suit her personality over time. When asked why she changed her name, she says, "Because I didn t feel like Susan anymore" (43). We find it interesting that for a person with well developed "self", even his or her name is not a permanent feature, as is the case with Stargirl. Stargirl is a beautiful personification of an individual's sense of uniqueness, and a continuation of the human side of emotions, whereas Mica high school's community, can be symbolized as a slow-paced society, which is unable to comprehend an occasional Stargirl or a Starboy. Stargirl becomes a cheerleader for Mica High Schoo l's football team, and inspires a sense of being and identity in the team, as Leo narrates, "We fell in love with our team. When we spoke of it, we used the word "we" instead of "they" (36). The problem starts when Stargirl cheers for the other team at a basketball game and is blamed for Mica's failure. Students, led by Hillari Kimble, the antagonist, turn against her. They shun her. Being Stargirl's boyfriend, Leo is also ignored, which he does not like and asks Stargirl to become "normal" like her other peers (47). Although becoming "normal" would destroy her, she tries to do so for the sake of Leo's love. It proves a big failure because the shunning grows to such an extent that nobody greets her even when she returns to Mica after winning a speech contest at Phoenix. Finally, she decides to be what she really is, and abandons trying to look "normal", without caring much for what others think of her, as narrated by Leo, "I did not see her for the rest of the weekend. By Monday, she was Stargirl again" (117). It is at this moment of self-realization that Stargirl is finally able to win the attention of her peers through her uniqueness, and faith in her own personality. We will write a custom essay sample on Self-Acceptance in Stargirl by Jerry Spinelly or any topic specifically for you Only $17.96 $11.86/pageorder now

Thursday, December 19, 2019

The Right Of Selling Articles - 1399 Words

their own work. This restriction looks simple enough but is was used, for example, to restrict the sale of anything if the packaging was not made by the seller. A licensed guild merchant did not give them the right of selling articles not of their manufacture. Residence After the Polish partitions, Russia inherited 2 million Jews. The government restricted these Jews residence in only 25 political districts, called the Pale of the settlement, with few exceptions. Russia established this Jewish area after partitions of Poland (1772, 1793, and 1795) Territorial divisions of Poland by Russia, Prussia, and Austria. Unequal Punishment Jews were liable for more severe punishments than non-Jews for committing the same offenses. Pogroms Pogrom†¦show more content†¦The latter were arrested because they ventured to stay near their homes. The following morning, the Christians were released and allowed to swell the ranks of the pillaging mob, while the Jews were kept in jail until the following day and freed only when the governor arrived. On the following day, March 30, at four 4:00 am, the leader of the ruffians summoned five thousand armed peasants, who proceeded to finish the job of the day before. The police and fire brigades helped them as reconnaissance and spy operatives. The police did nothing. Accordingly, The pogrom of Balta was not by the mere inactivity of the police, but the actual direct activity of the local authorities. The result. Forty Jews dead; one hundred, seventy slightly wounds. . There were more than twenty cases of rape. Many Jews, particularly the women became insane from fright. There was considerable damage of houses, dwellings, stores, etc. from fire and looting. Indeed, the aftermath of this pogrom resulted in more than fifteen thousand people without shelter or livelihood. The material damage and dislocation were great; loss of life and casualties relatively minimal. Prior to the May Laws, there were stirrings to emigrate from Russia, be it Palestine or another country. Russian officials in charge of Jewish Affairs stated that the Western frontier held an escape for the Jews. The Russian-Jewish press

Tuesday, December 10, 2019

Vegetarianism free essay sample

# 8211 ; To Meat Or Not To Meat Essay, Research Paper As kids, one of the first things we learn is to acknowledge the friendly barnyard animate beings. We easy can descry the furry cow with the soft eyes, the feathery poulets who run wildly about, and the pink hogs that roll in the clay. We may besides sing about that nice husbandman, Old McDonald, and all of his nice animate beings. The truth is that Old McDonald with a straw chapeau has been replaced by a concern adult male in the difficult chapeau. Ninety-five per centum of the meat we eat does non come from Old McDonald # 8217 ; s farm. Hens, poulets, Meleagris gallopavos, and over half of beef cowss, dairy cattles, and hogs come from an carnal mill ( Sussman, 95 ) which is a mechanised environment. This new agriculture method finds bluish skies, tall silos, and grassy hillsides good for calendars but, bad for concern. Those images are non cost effectual. Animals are non treated with the loving attention of a husbandman but, are treated like inmates on decease row. Domestic fowl, hogs, and calves are forced to populate in entire parturiency neer to see the visible radiation of twenty-four hours until they head to the slaughter house. Hens are often crowded into little coops which they may non go forth for a twelvemonth or two. Pregnant sows are frequently put in stables that are their places for three months at a clip. After holding her piggies, a sow may be pinned to the floor for four to seven hebdomads in order to maintain the sow from turn overing over on her babes. Cattles may be fed steady diet of molasses laced saw dust, shredded newspaper, fictile pellets, domestic fowl manure, and processed slaughter house wastes in order to derive weight faster. Confinement is so complete that the animate beings do non hold room to move ( 206 ) . Not merely are the animate beings forced to populate in this unnatural environment, they are besides pumped full off antibiotics, endocrines, steroids, and are dipped in pesticides. Over half the cowss and about all hogs, calves, and domestic fowl are fed a steady diet of antibiotics and related Jarboe 2 medicines to assist control diseases. No 1 is certain what the long term side effects may be for people who consume these meat and dairy merchandises ( 145 ) . Have you of all time seen a large rig driving down a main road trucking cowss? A teamster haling farm animal can lawfully drive two to three yearss nonstop go forthing the animals without nutrient or H2O. Teamsters who do halt to rest or H2O their lading make so because they choose to, non because the jurisprudence requires it. It is non surprising that much farm animal is driven through yearss of smothering heat and below zero darks uncared for, crowded, and sometimes literally frightened to decease. Some of the animate beings geting alive at the slaughter house have broken limbs or other hurts due to herding and stacking. At the journey # 8217 ; s end the cowss are already confused and frightened at their intervention and strange milieus. Now they must be sent through such processs such as emasculation, dehorning, stigmatization, and injections and assorted chemicals ( Null, 86-87 ) . The four slaughtering methods the authorities has declared humane are confined bolt, C dioxide, electrical stunning, and gunfire. The methods were devised from the Humane Slaughter Act of 1958. The Act says that all farm animal must be unconscience before butchering. Unfortunately, the act has non commissariats for penalty of those who choose to utilize an inhumane slaughtering technique ( Sussman, 223 ) . Captive bolt gun, which is normally used on cowss, utilizations compressed air or space cartridges. The device fires a thick bolt into the animate beings # 8217 ; brow. Some bolts are designed to stupefy the animate being by concussion instead than incursion of the skull. Carbon dioxide is used on swine and sometimes sheep and calves. The animate beings drive on a conveyer belt into a cavity filled with 65-75 % concentration on C dioxide. The gas causes the animate beings to go unconscience. The electric smasher is handled by a wadding house worker on any sort of animate being. The smashers are shoved against the animate being, flooring it into insensibility. If non handled right, the electical smasher can do impermanent paralyzation. Jarboe 3 The gunshot method is preferred among little operations and most husbandmans. A twenty-two or.38 caliber slug is shot into the animate beings encephalon. Unfortunately, if the animate being moves it # 8217 ; s caput at the incorrect clip, the slug can lose the coveted topographic point doing the animate being to shed blood in torment until another slug is fired ( 224-226 ) . Chickens continue to be treated like dense birds. In big domestic fowl packing houses, birds are attached by their pess to a traveling belt or concatenation. Conscience birds are moved along upside down to a motorized revolving blade that slices their cervix merely short of beheading. Some operations force a knife blade into the birds oral cavity, piercing the base of the skull, and doing a fata cubic decimeter bleeding ( Null, 136 ) . Foodborne unwellnesss are the most common non-fatal diseases in the United States harmonizing to the U.S. Public Health Service. Food toxic condition, with symptoms like those of the 24 hr grippe, frequently goes unreported or undetected. Although non that harmful to a healthy grownup, a mild instance of nutrient toxic condition can be fatal for an aged individual, a babe, or person who is already sick ( 245 ) . Bacterias are easy transferred from natural meat to other nutrients. Unwashed utensils, cutting surfaces, sloppy meat markets, and eating houses may distribute salmonella and other nutrient toxic conditions. Peoples who eat natural meat may besides consume beef tape worms. When barbecuing, the beads of fat dripping off of the juicy steak onto the combustion wood coal and go superheated doing the fat # 8217 ; s chemical belongingss to alteration to the signifier of a carcinogen. A broiled steak coated with oily fume can contain as much carcinogens as 30 battalions of coffin nails ( 232 ) . Dr. Michael Jacobson, the co-director of the Center for Science in the Public Interest, calls bacon the most unsafe nutrient in the supermarket. Bacon, sausage, and tiffin meat contain Na nitrate which, when hitting the human intestine, signifier nitrosamines, the deadliest household of carcinogens ( 234 ) . Jarboe 4 If a group of wellness pedagogues, place economic experts, and norm persons were asked the inquiry, What is the most of import food to a individual # 8217 ; s diet? most of the responses would be protein. Most people associate protein with meat cheese, milk, and eggs. Due to a individual # 8217 ; s need for protein, the USDA says that the norm American yearly consumes 93 lbs of beef, 57 lbs of porc, 45 lbs of poulet, nine lbs of Meleagris gallopavo, and 12 lbs of seafood. Dr. Mervyn Hardinge, a medical doctor with grades from Harvard and Stanford Universities, says that the animate beings you are eating did non acquire their protein from eating other animate beings. If we think about it logically, the animate beings received their protein from the green or leave parts of the works. Therefore, we should besides acquire our protein by eating veggies. The indispensable amino acids that make protein complete can merely be received through workss ( Sussman, 12 ) . Funk and Wagnall # 8217 ; s Standard Desk Dictionary defines healthy as holding good wellness and holding features of a sound status ( 296 ) . Some people consider healthy to intend eating right and being at a right weight. With be aftering to run into the demands for Ca, Fe, and B12, a vegetarian diet can be absolutely healthy and will cut down fleshiness and cholesterin. The usage of whole grains, veggies, and fruit will cover the recommended day-to-day allowance for the foods found in meat without the heavy cholesterin count. Vegetarians take in fewer Calories and fat and more complex saccharides and fibre ( Interview, Kevin Vance ) . Although Ca and vitamin B2s tend to be lower, the vegetarian diet is closer to the diet recommended by the U.S. Department of Agriculture than the mean American diet which consists of Big Macs, poulet nuggets, and Oscar Meyer Wieners. Vegetarian diets depend to a great extent on four groups of works nutrients ; grains and cereals, leguminous plants ( including beans and peas ) , fruits and veggies, and nuts and seeds. Including something from each of these four vegetarian nutrient groups at every repast warrants maximal nutrition ( Interview, Kevin Vance ) . Jarboe 5 Besides the nutritionary benefits of the vegetarian diet, the human organic structure is non suited for meat. For illustration, our teeth constructions are those of herbivorous, or works feeding, animate beings. Although our organic structures are designed to trust on vegetarian nutrients, modern adult male has changed his dietetic wonts to those of the carnivore, or meat feeder. We may think of ourselves as carnivores but, our level dentitions are non designed to tear through fell, flesh, and castanetss. Tenderizer is put on meat so that it will be more easy chewed. Furthermore, the digestive system of the carnivore is designed to acquire rid of the meat it chows before it decays. The human digestive system is designed to interrupt down complex saccharides and fibres like those of the herbivore ( Sussman, 300 ) . Taking a expression past the cruel intervention of animate beings and the nutritionary value of the vegetarian diet, possibly God did non mean for us to eat meat at all. In Genesis 1:29-30 God said: I give you every seed-bearing works on the face of the whole Earth and every tree that has fruit with seed in it. They will be your for nutrient. And to all the animals of the Earth and all the birds of the air and all the animals that move on the land # 8211 ; everything that has the breath of life in it # 8211 ; I give every works for nutrient. And it was so.

Tuesday, December 3, 2019

Theory of Title free essay sample

The State of Arkansas was selected as the example state because of its proximity to surrounding states of Tennessee, Mississippi, Missouri, and Okalahoma and the frequency in which individuals change their residency between the surrounding States. The research examines the type of real estate transfer theory practiced in the State of Arkansas by reviewing relevant case laws, mortgage practices and supplementary materials dealing with contract law and collection of rents. The literature tends to suggest that Arkansas does that follow any particular lien theory and utilizes a combination of each of the three lien theories. The Outline I. Introduction II. General definitions of three theories governing title transfer in United States of America: a. Title theory. b. Lien Theory c. Intermediate theory IIIGeneral effects of theories in practice a. Effects for the lender b. Effects for the borrower IV. Transfer of title in the State of Arkansas a. Prevalent theory used in State of Arkansas b. We will write a custom essay sample on Theory of Title or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Review of laws and regulation governing transfer of title in Arkansas . Throughout the United States the rate of housing foreclosures or mortgage defaults continues to rise at an alarming rate. This rise in foreclosures and mortgage defaults in many instances can be attributed to a weakening economy. Many individuals enticed by a strong economy freely entered agreements to purchase homes with little regard to the actual terms of their agreement. A picture of these individuals would usually find young adults in a two to three person household, who finally obtained the opportunity to live the American dream and took full advantage of that opportunity. For many of these individuals this may have been their first home purchase or with decreasing interest rates they believed they could finally afford to remodel their present home to be their dream home. These same individuals knew little about twists and turns of purchasing a home or mortgage finance laws. Many did not use lawyers and simply relied on the advice of the lenders, mortgage companies or real estate agents. Unfortunately, the economy failed to cooperate as those families with two person incomes dropped to one person incomes and those adjustable rate mortgages increased beyond household income. The end result is a slow housing market with individuals actually losing their homes in drastic numbers or selling their homes at reduced prices, which usually means a lost for the average home owner. It affects their ability to purchase a new home and decreases the amount of funds that will be available to local economies through the purchase of other consumer goods. Because our country has become so mobile, allowing individuals to move from place to place with ease, many individuals had no problem locating new areas in various states to call home. Examples of the easy mobility concept are individuals living in the State of Tennessee who find it extremely easy to purchase a home in Arkansas or Mississippi and maintain their jobs in Tennessee. In fact, with the growing pressure to leave the fast life and crime often found in large Metropolitan areas, individuals jumped at the opportunity when confronted with advertisements from small suburbs or rural cities which boosted of the quiet simple life to raise their families while only minutes away from the recreation, entertainment and lucrative employment opportunities of the Metropolitan cities. It was the dream of a life time that many simply could not pass up. Understanding mortgage finance laws of the State an individual intend to purchase a home or understanding mortgage lending theories is extremely necessary and important to any individual relocating to another state or those who have lived in a state and purchase their first home. Unfortunately, most individuals seeking to relocate assume and wrongly so, that the laws regarding mortgage finance are the same throughout the United States. They are unaware of the procedures or consequences involved in retaining their property should they become delinquent in their mortgage payments. When an individual moves from one state to another they subject themselves to the laws of the state in which they are doing business. However, in some states an individual may be able to specifically contract that the mortgage or contract may be governed by the laws of another state. This is seldom used for individual residential mortgages and used primarily in some commercial transactions that occur in another state. Mortgage laws in their new state may or may not be to their advantage and they should know the advantages and disadvantages before they decide on purchasing a home in their chosen state. This is also true for businesses financial institutions lending funds, and other entities crossing state lines to conduct business in other states, i. e. , purchasing businesses or other property or obtaining loans in other states to conduct business in the State of Tennessee. The general belief of the average individual is that once they purchase a home or obtain a mortgage, the title to the property is placed in the name of the borrower and that a lender simply obtains a lien on the property and can only foreclose on the property when and if the borrower is unable to make payments and then, and only when an action is filed in a court of law. This may or may not be true based on the laws and practices of the State in which the transaction originates. Thus, a review of the laws governing the state in which the individual intends to obtain its mortgage will prove extremely beneficial. However a greater benefit will be obtained if the home buyer seeks the services of a licensed attorney or a home buyer counselor. This senior project has chosen the state of Arkansas to review its laws regarding the transfer of title in real property. Arkansas was selected because of its proximity to the State of Tennessee and Mississippi and the ease in which residents move their residency from one state to the other. Thesis Statement) Individuals entering into financial agreements to obtain funds to purchase real property should always know which of the three theories of real property transfer is practiced in the state in which they intend to obtain a mortgage. Literature Review The purpose of this senior project is to first review the three general theories governing real estate transfers as practiced throughout the United States, and how they can affect the transfer of property from a lenders perspective and from a borrower’s perspective. The project will also review the present status of mortgage lending and home buying throughout the United States and how the theories of title transfer has affected the present market. The project uses the State of Arkansas as the example state for its review and analysis. The project will explore and review how the laws in the State of Arkansas’ differ from other states in the United States and review the effects of such laws on individuals and businesses doing business within the State of Arkansas. Determining what theory is utilized within a particular state when obtaining a mortgage or transferring real property will prove extremely beneficial and alleviate serious problems for both the lender and borrower, should problems arise regarding ownership of the property, or in foreclosure proceeding. Knowing ones rights will assist the homebuyer in understanding what can happen to their property if they should become delinquent in their mortgage payments and allow them an opportunity to attempt to save their property or their equity interest should a foreclosure action be filed against them. The review will also examine how the failure of borrowers to understand property transfer theories can have a devastating affect on their ability to retain ownership of the property during a foreclosure action. Information released from Foreclosure Data online and posted on October 19th, 2007 indicate that the growing number of mortgage foreclosures has begun to affect more than just residential homeowners, â€Å" in some residential blocks where ten to twelve homes in a twenty-five home block, have ‘bank owned’ for sale signs on their lawns. The rising rate of foreclosures throughout the United States provide justification for the idea of borrowers taking more responsibility in determining their rights and the potential consequences when entering mortgage contracts where ever they live. In order to understand what happens if default occurs residents must always be aware of the three basic theories practiced throughout the United States relating to transfer of title and then attempt to understand which theory is actually practiced in the state in which they desire to purchase real property. This is especially relevant as many state fail to practice a single theory and combine several theories to develop a single procedure for dealing with property transfer in their state. For the most part title theory of a particular state is determine by case law, even in situations where states have adopted statues defining how title transfers will be conducted in their state. General Definitions of title transfer theories Following a broad adoption of English pure title theory by the American States, three theories of title have evolved. According to the Restatement Third of Property and (Mortgages), the evolution of title theory from the English common law has served to reduce the rights of the mortgagee under the ‘pure’ or original title theory of England. The pure title theory worked a defeasible conveyance of the fee to the mortgagee, which obtained legal title, the right to possession, and the right to collect the rents and profits. (2) This evolution included the development to (a) lesser title theory, (b) lien theory, and (c) intermediate theory. While the three theories are useful for comparisons, implementation of the theories is by no means standard. The practical effect of the theories has been minimized because in many jurisdictions the harshness of pure title theory has been removed by statue or by case law or in many instances the drafters of mortgages have learned to achieve the advantages of the alternative theories at the time the mortgage documents are prepared and signed. According to Sandy Gadow, an escrow expert, and a member of the American Land Title Association, in a title theory state, the borrower does not actually keep title to the property during the loan term. The seller gives the buyer/borrower a deed to the property but when the borrower signs the mortgage for the loan the borrower gives the title back to the mortgage holder. The lender then holds title to the property, as security only, until all loan payments have been made. During that time the borrower has the right to possession of the property, and the lender delivers the deed back to the borrower only after the loan obligation has been satisfied. (3) In most states the instrument used is known as a trust deed. The lender actually maintains ownership of the property until the debt is paid in full. The process is quite different in a lien title state. The Restatement (third) of Property, section 4. 1 (1997) indicates that in a lien theory state, the buyer holds the deed to the property during the mortgage term. The buyer promises to make all payments to the lender and the mortgage becomes a lien on the property, but title remains with the buyer. The lender’s lien is removed once the payments of all loan payments have been completed. (id 2) The two theories are similar in that they allow the borrower to actually possess the property but differ regarding actual ownership of the property. In a title theory state the borrower actually owns the property with the lender retaining the deed only for security whereas in a lien theory the buyer retains the deed and the lender retains a lien on the property. The third theory, the Intermediate theory can be considered a compromise theory between the title theory and the lien theory. Again, according to Sandy Gadow, an escrow expert, and a member of the American land Title Association, â€Å"the title remains with the borrower, but the lender may take back title to the property if the borrower defaults on the loan. † (Id at 3). An Arkansas Law review article in 1992 examines the effects of conflict of laws, and indicates that in an intermediate jurisdiction the mortgage is a lien until default, as it would in a lien theory state. Upon default, legal title passes by operation of law to the mortgagee and with the title comes the right to possession, rents and profits. (4) In her article, Sandy Gadow argues that â€Å"Foreclosure proceedings in a lien theory state may be more difficult for the lender than a title theory state, due to the fact that the buyer is holding title to the land and not the lender. † ( Id at 3). The theory prevents the lender from entering onto the property and taking possession of the property at will. The lender is forced to take legal steps to regain ownership of the property. The theory actually gives the borrower more time before they are forced to give up the property, and they also can continue to maintain possession of the property and keep any rents collected as a result of their ownership until a legal foreclosure action is completed. Today, mortgagees customarily profit from interest. Possession by the mortgagor is commonplace in title theory states, although some states still hold that possession remains with the ortgagee as an incident of legal title. Another real estate treatise reports that title theory mortgagees can take possession of the mortgaged property upon default and before foreclosure. (6) A borrower to a mortgage should always concern themselves with which theory will give the greatest ownership interest in their property and allow them to retain in terest in the property as long as possible. Any theory that immediately transfers the right to possession, fee simple ownership and any other legal rights from the borrower back to the lender are not in the best interest of the borrower. The literature thus far appears to suggest that a lien theory state would provide the better advantage to a borrower in that the borrower usually retains a right to ownership and possession until foreclosure is accomplished in a court of law. Many states within the United States adopt a lien theory when transferring property. However, like Arkansas, these same states do not exercise a hard and fast rule on the use of a title transfer theory. However, most states can be grouped in one of the three title theory categories. In general throughout the United States, approximately of the fifty states only sixteen states follow a lien theory, with the remaining thirty four (34) states being described a title theory states. More specifically of the six states that share a boundary with the State of Arkansas, which include: Texas, Oklahoma, Missouri, Tennessee, Mississippi and Louisiana, five of the six states are described as practicing a title theory in property transfers, and only one of those states, Louisiana is described as following the lien theory in title transfers. In Arkansas, in the case of Bank of Oak Grove V. Wilmot State Bank, a case considered as an authority on Arkansas Mortgage law, the court refused to adopt a particular theory on the formalities of what the court termed the â€Å"broad and undefined a principle as lien versus title theories of mortgages†. (5) In general Arkansas courts do not appear to have frequently discussed title theory since a search of Westlaw for â€Å"title theory in Arkansas† produces only Bank of Oak Grove v. Wilmot. However, several cases align themselves and follow the decision of the Bank of Oak Grove case and its findings. Such cases cite the bank of Oak Grove case as an endorsement of title theory use in the State of Arkansas. Fully discerning the nature of Arkansas’ theory of title requires a discussion of whether a mortgage is merely a lien (lien theory) or whether it passes owner-type interest and powers to the mortgagee. A survey of Arkansas mortgage case law reveals two tracks of cases supporting different conclusions about whether a mortgage is only security for a debt. As early as 1856, equity held that a mortgage is only security for a debt. (7) By 1866, the Arkansas Supreme Court established that â€Å"now in both law and equity† a mortgage is mere security for a debt, and removed the presumption that a mortgagee takes possess if there is no proof other wise. (8) Eighteen years after Trapnall, the court said that the legal estate in mortgaged property passes to the mortgagee and that possession follows the egal title; the same was said 45 years after Trapnall in a 1911 case, Whittington v. Flint. (9) If it follows that legal title not only delivered possession but also delivered what a 1988 Arkansas Federal court interpreting Arkansas law called the incidents of possession (rents, profits and what appears as beneficial interests), Arkansas would have been a title theory state. The Arkansas Supreme Court has not overturned these cases, and the Arkansas Attorney General was citing the case as late as 1998. 10) After Wilson, the Arkansas Supr eme Court held that â€Å"in equity† a mortgage is only a security interest, and that the mortgagor is entitled to deal with the land as its owner, entitled to rents and profits and alienation as long as he is in possession and he and takers under him do not impair the rights of the mortgagee. (11) The 1959 update of a key Arkansas mortgage title treatise follows that a mortgage is a mere security interest. The mortgagors were treated as owners in a 1980 case that characterized an absolute deed held for security purposes as an equitable mortgage, finding that the father who purchased the real estate was the mortgagee and holding that the divorcing son and daughter-in law must split the property. This inferred that the son and daughter-in-law were mortgagors and in effect owners of joint property. (13) The lack of clarity on some points suggests that mortgagors should not rely on the formalities of title theory in the State of Arkansas. Possession, Redemption and Rents as they relate to title transfer in Arkansas Better understanding Arkansas law requires discussions about possession, redemption and rents. The custom in Arkansas is that the mortgagor takes possession, but case law suggests that possession may be based on the terms of the agreement or interest rather than accruing automatically to the holder of legal title. More recent opinions mitigate towards possession being retained by the mortgagor. Similarly, the Arkansas Attorney General opined that the 1980 Nelson court took a â€Å"common sense approach† holding that the mortgagor retains a possessory interest that makes him â€Å"at least the equitable owner. † (14) This suggests a conclusion that possession can be devised by the contract language, which can grant immediate possession or possession upon default. Not withstanding the language, mortgagees are likely to intend that possession be in the mortgagor, and mortgagees are likely to want to avoid mortgagee in possession status and the duties that derive from it. To preserve its collateral, the mortgagee should include clauses providing for (1) appointment of a receiver; and (2) right to enter and inspect. A power of sale clause may be advisable; however, the Arkansas Code implies a power of sale in every mortgage of real property. (15) Arkansas does not follow title or lien theory or intermediate theory as the latter is described by secondary sources. Like title theory, the mortgagee appears to secure legal title. The more recent cases appear to treat the mortgagor as the owner as would be the case under lien theory. Arkansas appears to practice its own brand of intermediate theory in which the incidents of possession follow actual or constructive possession. Drafting may govern possession and rents in Arkansas law. The literature and case law indicates that the custom in Arkansas is that the mortgagor takes possession, but case law suggests that possession may be based on the terms of the agreement or intent rather than accruing automatically to the holder of legal title. In the case of Whittington (1884) and Wilson (1911 held that legal title passes to the mortgagee and with it possession, unless there is a reservation of the right to occupancy. Id 9) Trapnall held in 1866 that there is no presumption that the mortgagee takes possession. (Id. 8) Most recent opinions mitigate towards possession being retained by the mortgagor. The First Federal case addressed the incidents of possession, saying that in a â€Å"garden variety mortgage,† the borrower has â€Å"retained all of the incidents of possession including the right to rents, profits, and crops,† and he may do with them as he pleases until the mortgagee takes possession, at which point these incidents pass to the mortgagee. Similarly, the Arkansas Attorney General opined that the 1980 Nelson court took a â€Å"common sense approach† holding that the mortgagor retains a possessory interest that makes him â€Å"at least the equitable owner. † (Id 14) Neither opinion states that the mortgagor and mortgagee can not agree otherwise. This suggests a conclusion that possession can be devised by the contract language, which can grant immediate possession or possession upon default. In comparing the cases, it may be helpful to note the references to the language of the agreements, and consider that the language of Arkansas mortgages has varied greatly. Whittington states that â€Å"possession follows the legal title, unless controlled by stipulations in the deed, or by the apparent intention of the parties. † (Id. 9) It is an old case that may have succumbed to the presumption that Trapnall dismissed. American Jurisprudence publishes in its form book what it titles the Arkansas-Mortgage and the Arkansas-mortgage-Traditional form. The traditional form is more in the form of a sale agreement stating that mortgagee â€Å"does grant, bargain, sell, and convey to mortgagee, and to its successors and assigns forever† the mortgaged property to have and to hold the same to mortgagee, and to its successors and assigns forever. † It then provides the conditions under which the â€Å"sale† shall become null and void. (16) Notwithstanding the language, mortgagees are likely to intend that possession be in the mortgagor, and mortgagees are likely to want to avoid mortgagee in possession status and the duties that derive from it. It is evident that despite the rules and statues individuals seeking to obtain a mortgage will need to be mindful of what the law is and if they desire that something different needs to occur on any matter, if the issue is addressed in the contract agreements and agreed to by both parties, the courts will upon the original intent of the parties entering the contract. Treatment of Rents in Mortgage transfer In understanding actual practice regarding ownership interests one must also review and discuss how rent is treated in the State of Arkansas.