Sports Law for Adam and Taylor Fiduciary Duties - myassignmenthelp

Question: Discuss about theSports Law for Adam and Taylor Fiduciary Duties. Answer: In the Australian Football League (AFL) mostly all players are managed by player agents. In the contemporary period it is not easy to find a player in the AFL who is not managed by an agent. The AFL constitutes big business and in light of the fact that the players laying in the league have a very short career they try to maximize their income during the time they are associated with the league. These players have to live a busy life as not only they have to ensure their competency for the game but also have to handle media, sponsorship, financial management, advertising and public relations. They also have to from time to time indulge in dispute resolution with the management with respect to their playing contract. The handling of these contracts which a player gets into during the time they play in the league requires financial, commercial and legal expertise which evidently the players do not possess. Thus they appoint agents to look after their contracts. These agents have a fidu ciary relationship towards the players. The agents have a duty of undivided loyalty towards their clients as fiduciaries. Thus it is the legal and ethical duty of the agent to put the interest of the client at priority subjected to a few exceptions. However the fiduciary relationship between the agent and the player sometimes creates difficulties and may result in a situation of conflict of interest where the agent manages more than one player of the same league. The purpose of the paper is to critically analyze the duties (including fiduciary duties) which an AFL player agent owes to an AFL player. The paper throws light upon the legal duty of undivided loyalty which an agent has to a player in AFL and which is jeopardized when the agent acts for more than one player and gives rise to a conflict of interest position. The primary duty of a player agent is that of handling various matters which arise during the football career of the player. These include the duty of representing the player in negotiations towards football contracts with the club and therefore having a direct effect on the relationship of the players with the club. It is also the duty of the agent to handle sponsorships and public relations with respect to the players. They also have to look after the guidelines of the collective bargaining agreement which is established between the AFL player association and AFL. The agents may also be involved in handling less obvious areas of the players such as Tax, investment counseling and financial planning. However the primary duty which the agent has of negotiating terms of the contract between the player and the club. All agents have to get AFLPA accreditation through which they acknowledge their fiduciary duties towards the players[1]. Fiduciary duties According to Lewis, Adam, and Taylor fiduciary duties are those duties of loyalty and good faith which is owed by a person in a fiduciary relationship to others because of the reliance and trust placed by the other persons on them[2]. Thus an agent owes fiduciary duties towards the principles as they place great deal of trust and confidence on them[3]. Therefore the existing relationship between the players and the agents makes the players the principal and the player agents the agent. The player agents therefore by the operation of law owe a fiduciary relationship to the players. One of the critical features in relation to a fiduciary relationship as provided by Mason J in the Hospital Products case is that the fiduciary acknowledges acting towards the best interest of the dependents[4]. The nature of the relationship between the agent and the principal provides adequate powers to the fiduciary to exploit those who have placed their trust on them. The other person is thus at the mer cy of the fiduciary and evidently it is the obligation of the fiduciary to discharge their duties in such a way as they are in the best interest of the person. A duty of undivided loyalty is also owed by the fiduciary to the principle. The agents of the AFL players have a fiduciary obligation towards the players as the players place significant trust on them in relation to the negotiations of contracts with their respective clubs and other responsibilities. However, a fiduciary duty needs to be analyzed and cannot be said to be evidently present even in relation to the accepted categories (such as Lawyer-client or Doctor-patient). Determination of fiduciary duties is done through the help of analyzing any course of dealing, factual circumstances or subsisting agreement between the parties as provided in the case of News Ltd v Australian Rugby Football League Ltd[5]. It is the legal duty of the player agents to avoid any situation of a conflict of interest which may come up between the interest of the player and person interest. In case such a situation is identified it is the duty of the player agent to ensure that he prioritizes the interest of the player over personal interest. There may be coexistence of contractual and fiduciary relationship between the parties where the foundation of the fiduciary relationship is the contractual relationship. However fiduciary relationship has to be consistent to contractual relationship. In additi on the fiduciary has an 'overriding duty of undivided loyalty' towards the principal[6]. As highlighted by Shropshire, Davis and Duru the obligation of the agent to act in the best interest of one player may contradict with the obligation of the agent to act in the best interest of another player where he may be working for more than one player[7]. This situation is prominent in the AFL where 6 large agent organizations deal with most of the players playing in AFL. In this situation the duty of undivided loyalty is necessarily compromised by the agents as they are not able to properly discharge an obligation without contradicting with the other[8]. Here there is much relevance of the Biblical injunction of Matthew 6:24 which states 'No man can serve two masters.'[9] There are a number of specific duties which 'overriding duty of undivided loyalty' provides to the fiduciary in relation to the principal. This is the duty of avoiding conflict of interest between personal and player interest and the duty to act in best interest of one player vis--vis another player. It is also the duty of the fiduciary to be accountable to the player in relation to any profit which has been made by him due to the position and information provided to him by the player through the agency contract[10]. Thus the player agent cannot make any authorized gains from the agency contract. In case the obligation is not complied with the agents have the duty of providing any additional profit to the player or to compensate them for their losses. The player agents although being entitled to receive commissions from the agency contract, cannot claim that it is not a breach to gain such commission unless the player knows or has authorized the receipt of the commission. As per Matt hew et al., it is the duty to the player agents to obtain express consent or to let the players known about any additional commission received by them through the agency contract[11]. The agents also owe concurrent duties to the AFL player clients and AFL Clubs. Although it does not occur generally there have been a few examples where it has been seen that an agent is acting for an AFL club in a consultative capacity[12]. Thus as the player agents have the duty of negotiating a contract on behalf of the players they cannot let the negotiation be affected by the relationship they have with the clubs where they act as consultants. Specifically, their obligation in relation to consultancy for the clubs must not result in less favorable outcomes for the players in relation their contracts with the clubs. Where the agent acts as a consultant for one club and is negotiating a contract for a player with the same club it is obvious that the duty of undivided interest is being compromised with. Another conflict may also obviously arise where the player agent may persuade the player to transfer from one club to another club for which he works as an agent. Although the trans fer may be for the benefit of the player and for correct reasons there is an obvious situation of conflict of interest. The player agent also owe concurrent duties to all player clients in relation to the negotiation of player contracts. This is arguably the most important work which is undertaken by the agents in relation to the players. The players basic source of income is the playing contract they have with the club. When it comes to AFL all playing contacts are consists of standard term contract as provided through clause 18.1 of the CBA. As provided by Stephen et al., unless the player agent has obtained express consent from the player client he does not have the right to act for another player where there may be a chance for conflict of interest[13]. This does not mean that the agents do not have the right to act for more than one player. This simply signifies that the agent is not allowed to act for two players where the acting for both the players will prompt a conflict between the interests of one player with the interest of the other player. For instance this situation may take place where two players have authorized only one agent to deal with a club where only one of the players can take the desired position. Thus whether there is conflict of interest or not in this situation depends upon the circumstances of the multiple players and the agents. However as stated by Lord Cozens-Hardy in circumstances where a conflict of interest arises, it is the duty of the agents to decline from acting ins situation where the fiduciary duties may be violated[14]. The agent would be held to be in the breach of fiduciary duties where there is a clear conflict and no informed consent or prior agreement with the players whose interest may be in a conflict situation. There is no defense of not having a fraudulent intention in these circumstances which an agent may rely upon. The AFL is a not only a football league but also a serious business and source of income. The income which players earn from the league is the primary source of income for most players. Thus it is the right of the players to expect loyalty from those agents upon whom they have placed their trust and confidence and who owe them a duty of undivided loyalty. The players also have to right to expect that the agents would abide by such trust and duties by giving primary importance to the interest of the players. The players have to demand adherence to and be aware of the duties which is owed by their agents to them. Merely because the agents have received accreditation from the AFLPA, the players cannot ensure that they will not violate their duties owned to the players whether in a deliberate or innocent manner. It is the right of the players to at the very least get disclosure in relation to the activities in which the agents are indulging and which have the potential of undermining the ir personal interest and deviate from the duty of undivided loyalty which is owed by them to the players generally at law. There are requirements of disclosure which is imposed in by the AFLPA on the agents. However the degree to which AFLPA ensures and scrutinizes the adherence of the requirements by the agents has always been in question. The primary question however is what remedy the players can avail when the agents have violated the duty of undivided loyalty owed to the players by them. One of the possibilities is that of the court processes and other equitable requirements. The AFLPA may also use its powers to revoke the accreditation of the player agents. These possibilities have the potential of having significant ramification to the AFL industry and therefore require future examination. Bibliography AFLPA Regulations Governing Accredited Agents (Melbourne: AFL, 2005) cl 3 'Accreditation'. Beuch Petroleum 1VL 1, Kennedy (1999) 48 KSWLR I, Spigelman CJ, Sheller Stein JJA 46. Breen v Williams (1996) 1x6 CLR 71. Gummow J J 135; Commonwealth Bank of Australia v Smith(1991) 42 FCR 390, 392. Chan v Zacharia (1984) 154 CLR 178, Deane J 198-199 Hospilal Products Ltd v United States LSurgical Corporation (1 984) 156 CLR 4 1, Mason J 96-97. Le Grand 'Ron of All Trades Says He's No Saint' The Australian, 8 October 2001, 28. Lewis, Adam, and Jonathan Taylor. Sport: law and practice. Bloomsbury Professional, 2014 Moody v Cox and Hatt [I917] 2 Ch 71 New Zealand Netherlands Society 'Oranje ' Inc I. Kuys [I 973] 1 WLR 1 126, 1230- 1231. News Ltd v Australian Rugby Football League Ltd above n 3, Lockhart, von Doussa Sackville JJ 539. News Ltd v Australian Rugby v Football League Ltd (1996) 64 FCR 410, 538: 'Business relationships (leaving aside Partnerships) clearly can attract fiduciary obligations.' Ross, Stephen F., et al. "Sports and the Law: Text, Cases, and Problems, 5th." (2015). Shropshire, Kenneth L., Timothy Davis, and N. Jeremi Duru.The business of sports agents. University of Pennsylvania Press, 2016. Xiaoyong, T. A. N., and Sports Law Center. "Paths of Sports Autonomy in the Context of the Sports Governance by Law."Journal of Shanghai University of Sport1 (2016): 007.

Uncle Toms Cabin (1822 words) Essay Example For Students

Uncle Toms Cabin (1822 words) Essay Uncle Toms CabinUncle Tom manages the Shelby plantation. Strong, intelligent, capable, good, andkind, he is the most heroic figure in the novel that bears his name. Toms mostimportant characteristic is his Christian faith. God has given Tom anextraordinary ability. He can forgive the evil done to him. His self-sacrificinglove for others has been called motherly. It has also been called trulyChristian. AUNT CHLOE- Aunt Chloe, Uncle Toms wife, is fat, warm, and jolly. She is a good housekeeper and a superb cook, and justly proud of her skill. Sheloves Tom, and urges him to escape to Canada rather than to go South with Haley. After Tom is sold, she convinces the Shelbys to hire her out to a baker inLouisville and to use her wages to buy Toms freedom. She is heartbroken tolearn of his death. MOSE, PETE, AND POLLY Mose, Pete, and Polly, thechildren of Uncle Tom and Aunt Chloe, are playful and rambunctious. Polly isToms special favorite, and she loves to bury her tiny hands in his hair. ELIZAHARRIS Eliza Harris is raised by her mistress, Mrs. Shelby, to be pious andgood. Described as light-skinned and pretty, Eliza dearly loves her husband,George Harris, and their little boy, Harry. When she learns that Harry is aboutto be sold, Eliza carries him in her arms to the Ohio River, which she crosseson cakes of ice. Although generally a modest and retiring young woman, Elizabecomes extraordinarily brave because of her love for her son. GEORGE HARRIS-George Harris, portrayed as a light-skinned and intelligent slave, belongs to aman named Harris. He is married to Eliza, who lives on the Shelby plantation,and they have a son, Harry. HARRY AND LITTLE ELIZA Harry and little Eliza arethe children of George and Eliza Harris. Harry, born a slave on the ShelbyPlantation, is bright and cute, and sings and dances for Mr. Shelby and Haley. We will write a custom essay on Uncle Toms Cabin (1822 words) specifically for you for only $16.38 $13.9/page Order now He is so beautiful that he is disguised as a girl in order to escape intoCanada. Once there, he does very well in school. Little Eliza is born free inCanada. SAM AND ANDY- Sam and Andy, slaves on the Shelby plantation, providecomic relief through their mispronunciations and deliberate mishaps. Andy, wholikes to makes speeches, is meant to satirize politicians. But Sam and Andy makean important contribution to the novels plot- their clowning allows Eliza toescape across the Ohio River. MR. SHELBY Mr. Shelby, the owner of a Kentuckyplantation, generally treats his slaves well, but he decides to sell two ofthem, Uncle Tom and little Harry, to pay off a debt. Although he regrets thesale, Shelby feels he has no other choice. MRS. SHELBY Mrs. Shelby, a kind,religious woman, tries to raise the familys slaves with Christian values. Sheattempts to convince her husband not to sell Tom and Harry, and she helps Elizaescape. Warm-hearted Mrs. Shelby treats her slaves like people, crying with A untChloe when Uncle Tom leaves and consoling her when they learn he is dead. GEORGE SHELBY- George Shelby, the son of Mr. and Mrs. Shelby, is thirteen yearsold when the novel begins, and eighteen when it ends. He likes to spend timewith Uncle Tom and Aunt Chloe, basking in their kindness and attention. Heteaches Uncle Tom to read and write, and reads the Bible at the slavesreligious meeting. On Uncle Toms grave, he swears to do whatever he can tofight against slavery, and he begins by freeing the slaves on his ownplantation. George is one of the few characters who changes during the course ofUncle Toms Cabin, as he develops from a good-hearted but somewhat self-centeredboy into a noble and effective man. HALEY-Haley sets the plot of Uncle TomsCabin in motion by insisting that Mr. Shelby sell him Tom and little Harry. .u6c0b48733fd0bd38e5cbc9315cab426d , .u6c0b48733fd0bd38e5cbc9315cab426d .postImageUrl , .u6c0b48733fd0bd38e5cbc9315cab426d .centered-text-area { min-height: 80px; position: relative; } .u6c0b48733fd0bd38e5cbc9315cab426d , .u6c0b48733fd0bd38e5cbc9315cab426d:hover , .u6c0b48733fd0bd38e5cbc9315cab426d:visited , .u6c0b48733fd0bd38e5cbc9315cab426d:active { border:0!important; } .u6c0b48733fd0bd38e5cbc9315cab426d .clearfix:after { content: ""; display: table; clear: both; } .u6c0b48733fd0bd38e5cbc9315cab426d { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u6c0b48733fd0bd38e5cbc9315cab426d:active , .u6c0b48733fd0bd38e5cbc9315cab426d:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u6c0b48733fd0bd38e5cbc9315cab426d .centered-text-area { width: 100%; position: relative ; } .u6c0b48733fd0bd38e5cbc9315cab426d .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u6c0b48733fd0bd38e5cbc9315cab426d .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u6c0b48733fd0bd38e5cbc9315cab426d .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u6c0b48733fd0bd38e5cbc9315cab426d:hover .ctaButton { background-color: #34495E!important; } .u6c0b48733fd0bd38e5cbc9315cab426d .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u6c0b48733fd0bd38e5cbc9315cab426d .u6c0b48733fd0bd38e5cbc9315cab426d-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u6c0b48733fd0bd38e5cbc9315cab426d:after { content: ""; display: block; clear: both; } READ: Brave New World Aldous Huxley EssayHaley curses, smokes, drinks, and dresses badly. He claims to be humane becausehe is not completely cruel to the slaves he buys. But you can see that hes anasty person. He doesnt believe slaves have feelings, so he doesnt think twiceabout separating a mother and child- like Eliza and little Harry, or about thewoman who jumps off the steamboat on the Ohio River after he sells her baby. Haley cant understand why these things keep happening to him. TOM LOKER, ANDMARKS- Tom Loker and Marks are crude fellows, who make their living catchingescaped slaves. You often see them in taverns. Tom Loker is shot by GeorgeHarris, but the Harrises and the Quakers forgive him, and he is nursed back tohealth in the Quaker settlement. He gives the Quakers the information that helpsGeorge and Eliza disguise themselves so they can elude Marks at the Sanduskyferry. MR. AND MRS. BIRD- Mr. and Mrs. Bird live in Ohio with their threechildren. Tiny Mrs. Bird is a wonderful housekeeper and mother. Mr. Bird, asenator, has just voted for the Fugitive Slave Law. Mrs. Bird tries to convincehim that he is wrong, and that one must allow the heart to guide the head. Theappearance of Eliza on their doorstep makes him realize that he isnt capable ofturning in a fugitive. One of the Birds children has recently died, and theirloss makes them more sympathetic to Eliza. RACHEL HALLIDAY, SIMEON HALLIDAY, RUTH STEDMAN, DORCAS, AND PHINEAS FLETCHER- These Quakers practice theirreligious beliefs in their daily lives. They risk fines by helping escapedslaves. Rachel Halliday and Ruth Stedman are motherly and sympathetic; Simeonand Phineas are quietly brave. They take good care of George and Eliza and makeit possible for them to escape to Canada. Dorcas nurses Tom Loker back to healthafter George Harris shoots him. She doesnt quite convert him to her beliefs,but she does get him to give up slave-catching. AUGUSTINE ST. CLARE AugustineSt. Clare, Toms second master, is handsome, worldly, and charming. He indulgeshis slaves in his elegant New Orleans house and debates the issue of slaverywith his cousin from Vermont. Most of all, St. Clare hates hypocrisy. Believingthat slavery is wrong, he left the plantation he inherited with his twin brotherbecause he didnt really want to be a slavemaster. St. Clare thinks black peoplewill eventually gain their freedom, but he isnt sure how it will come about. Inthe meantime, he rails with equal fervor against Southern ministers who claimslavery is supported by the Bible, and Northerners who criticize slavery butwont let black children into their schools. EVANGELINE ST. CLARE EvangelineSt. Clare is a beautiful child, spiritually as well as physically. She is filledwith goodness and love. Her kindness to those around her, especially the slaves,brightens their lives, and leads some of them to embrace the Christianity she soinstinctively radiates. Eva is responsible for St. Clares purchase of UncleTom, and Tom becomes her special friend. The two spend hours poring over theBible and discussing religion. The black slave and the little blonde girl arekindred spirits. But Eva- whose name suggests the Evangelist- becomes ill anddies. On her deathbed, she distributes locks of her hair and loving wishes toeveryone around her. MARIE ST. CLARE- Marie St. Clare is a beautiful but spoiledwoman who ignores everyones feelings but her own and tak es advantage of herservants. A hypochondriac, constantly claiming to have headaches, she cannotunderstand either her husband or their daughter. She doesnt pay much attentionto either of them, except to complain. Because Marie cant act for anyone butherself, she fails to prevent Uncle Toms sale to Simon Legree. OPHELIA- OpheliaSt. Clare comes from Vermont to manage her cousin Augustines New Orleanshousehold. Her thrifty New England ways contrast with the easy-going St. Clarestyle. One of Ophelias functions in the novel is to contrast the North and theSouth. An abolitionist, Ophelia finds slavery perfectly horrible,and she rails against it in her running debate with Augustine. ALFRED ANDHENRIQUE ST. CLARE- Alfred St. Clare, Augustines dark, forceful twin brother,is a stern but decent slaveowner. The contrast between the twins contrasts theirtwo approaches to slavery. Similarly, dark, handsome, proud, and angry Henrique,Alfreds son, contrasts with his blonde, loving cousin Eva. Henriqu e is cruel tohis slave, Dodo, but Eva reaches him with her love. TOPSY- Ignorant butenergetic, Topsy is brought by Augustine into the St. Clare household to seewhether the high-principled Ophelia is actually capable of managing a slave. .u1d9c1b18b40a180f2bde15b9c3f2ff6a , .u1d9c1b18b40a180f2bde15b9c3f2ff6a .postImageUrl , .u1d9c1b18b40a180f2bde15b9c3f2ff6a .centered-text-area { min-height: 80px; position: relative; } .u1d9c1b18b40a180f2bde15b9c3f2ff6a , .u1d9c1b18b40a180f2bde15b9c3f2ff6a:hover , .u1d9c1b18b40a180f2bde15b9c3f2ff6a:visited , .u1d9c1b18b40a180f2bde15b9c3f2ff6a:active { border:0!important; } .u1d9c1b18b40a180f2bde15b9c3f2ff6a .clearfix:after { content: ""; display: table; clear: both; } .u1d9c1b18b40a180f2bde15b9c3f2ff6a { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u1d9c1b18b40a180f2bde15b9c3f2ff6a:active , .u1d9c1b18b40a180f2bde15b9c3f2ff6a:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u1d9c1b18b40a180f2bde15b9c3f2ff6a .centered-text-area { width: 100%; position: relative ; } .u1d9c1b18b40a180f2bde15b9c3f2ff6a .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u1d9c1b18b40a180f2bde15b9c3f2ff6a .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u1d9c1b18b40a180f2bde15b9c3f2ff6a .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u1d9c1b18b40a180f2bde15b9c3f2ff6a:hover .ctaButton { background-color: #34495E!important; } .u1d9c1b18b40a180f2bde15b9c3f2ff6a .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u1d9c1b18b40a180f2bde15b9c3f2ff6a .u1d9c1b18b40a180f2bde15b9c3f2ff6a-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u1d9c1b18b40a180f2bde15b9c3f2ff6a:after { content: ""; display: block; clear: both; } READ: Diversification in Mitsubishi EssayTopsy, who cant tell the difference between right and wrong. ADOLPHE, ROSA,JANE, DINAH, AND MAMMY- The well-treated slaves in the St. Clare household seemto be divided into two groups. Some, such as Adolphe, Rosa, and Jane, arelight-skinned servants who borrow the St. Clare familys airs as well as much ofits wardrobe. Others, such as Dinah the cook, and Mammy, are dark-skinnedhardworking, and realistic. PRUE-A worn-out, hard-drinking woman, Prue is beatento death by her owners. Tom discovers the cause of her misery- like so manyother slave women, she has lost her children to the slave-trader. SIMON LEGREE-Simon Legree is the owner of a p lantation on the Red River in Louisiana. Sadistic and cruel, he breaks his slaves in body and soul and works them todeath. Legree has no real human ties. He has sexual relations with slave womenwhom he buys for that purpose, and his main companions are the barbaric Samboand Quimbo. Legree is interested in growing as much cotton as he can, as his betwith several other plantation owners indicates, but he also seems to enjoyabusing his slaves, particularly Uncle Tom. CASSY- Cassy, the daughter of awealthy white man and a slave woman, is sheltered and convent-educated. Thedeath of her father results in her sale to a man who becomes her lover, and whomshe adores. But after some years, he sells her and her children to pay agambling debt. Cassy is driven half-mad by the loss of her son and daughter, andsearches in vain for them. She is owned by a series of masters. By one of themshe has a son, whom she kills with an overdose of opium rather than face thepain of losing another child to slavery. SUSAN, EMMELINE, AND LUCY- Susan,Emme line, and Lucy are sold in the New Orleans slave market with Uncle Tom andthe rest of the St. Clare family slaves. Susan and Emmeline, a religious motherand daughter, are heartbroken when they are separated and sold. Legree buysEmmeline to be his mistress, but she resists him. Emmeline marries a crew memberon the ship that carries the Harris family, Madame de Thoux, and Cassy toFrance. Lucy is purchased by Legree as a mistress for his second-in-command,Sambo, although she had a husband and children in New Orleans. Lucy finds itdifficult to work in the fields, and Tom helps her by secretly putting cottoninto her bag so that she will be able to turn in the required amount of cottoneach day. SAMBO AND QUIMBO-Sambo and Quimbo are Simon Legrees blacklieutenants. Brutal and ignorant, they lord it over the other slaves. Legreemanipulates them so that they fight with each other too. Both Sambo and Quimbowhip and otherwise abuse Tom, but they are converted by him in the end.

Gun Control misc8 essays

Gun Control misc8 essays Since the days of the pioneers of the United States, firearms have been part of the American tradition as protection and a means of hunting or sport. As we near the end of the 20th century the use of guns has changed significantly. Because of fast and steady increase in crime and the fight for the right to own a hand gun, the introduction of legislation for gun control, to try to reduce the crime in the United States, has been a hotly debated issue in recent years. Although many people feel that gun control violates the right of the people, given in the second amendment "the right to bear arms", controlling distribution and sales and the registration of guns and gun owners is necessary because of the homicide rate involving guns and the violence by criminals using guns. Many people feel that gun control violates the right of the people given in the second amendment the right "to bear arms". Opponents of gun control, including the National Rifle Association, better known as the NRA, argue that the "right To bear arms" is guaranteed in the second amendment of the Constitution of the United States of America and licensing restrictions penalize law-abiding citizens while in no way preventing criminal use of handguns. It is also argued that by making it difficult for guns to be bought and registered for the American public there is a threat to the personal safety of American families everywhere. However controlling the sale and distribution of firearms is necessary because of the homicide rate involving guns. In 1988 there were 9000 handgun related murders in America. Metropolitan centers and some suburban communities of America are setting new records for homicides by handguns. Larger Metropolitan centers have ten times the murder rate of all Western Europe. For example in Washington,D.C. there was an estimated 400 homicides including guns. In addition gun control has been seen as necessa...

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buy custom Nectar in a Sieve essay The novel Nectar in a Sieve is a fictional work. It is written by Kamala Markandanya. The novel is set in India. It is about a young girl whose name is Rukmani. She is the youngest daughter in her family. Rukmani also known as Ruku is married off by her family at a very early age. The man she marries is called Nathan. Nathan is not wealthy and is a tenant farmer. In India the women usually marry men; therefore they have to pay dowry to a man for him to agree to marry a woman. Ruku's family was not wealthy and therefore they had to settle for an average tenant farmer. The story develops as Ruku continues to lead her life. She struggles with poverty and eviction. Throughout the novel she gets from one problem to another. The novel though ends on a brighter note for her and finally she has hope that life will be better. The author has used several literal devices in the novel. This essay will focus on these literal devices and issues such as culture, politics and human rights in the nov el. Discussion Kamala Markandanya was born in 1924 in a city called Bangalore. She was fortunate to be born in a Brahmin caste. This is the highest level in the Hindu religion. Kamala attended the University of Madras, after which she took a job in a small newspaper, where she was a writer. Kamala was born in the city but she learnt the rural life of India. She later moved to England where she married an Englishman. Kamala had written a few novels but her first novel to be published was Nectar in a Sieve. It was published in the year 1954. She wrote some other novels, which are Some Inner Fury and a Silence of Desire. Most of her novels are about life in India and culture of this country. The setting of the book is in the rural areas. It shows how people in the rural areas lead their lives. The book was also set during a time when India had just emerged from the colonial rule. Nathan, the husband of Ruku, is a farmer and he owns a piece of land, it is this piece of land that the family depends on. They farm here and eat products from this land. In India at this era of time most people were living in the rural areas. They mainly depended on rice and vegetables for food. The people, living in the rural areas, live in simplicity. Most of them are not well of. The book describes how these villagers live in mud huts that are thatched with grass. Development is approaching this rural area and it brings with it negative effects. Ruku is especially against this development. The development comes in the form of a tannery. Its efforts to expand ends up in taking land from the villagers. Nathan is a victim where his land is taken piece by piece until he has none left. The narration of the story is in the first person narration. Ruku is the narrator of the story. She is an old woman when she begins the story. She then proceeds to narrate the story as a flashback or a reflection of her life. She first informs the reader that in the present she is at peace, but things have not always been like that. The first person narration enables the reader to see things through the Ruku's eyes. The reader also experiences the feelings that Ruku is experiencing. The first person narration is also advantageous as it helps the reader develop empathy for the protagonist. The first person narration helps retain the originality of the story. If for instance the book was written in the third person narration, like an observer it would loose its originality. The first person narration is able to portray more than the story. It is through the first person narration we are able to know the thoughts of Ruku. The problem though with first narration is that it overshadows the other characters. Also the narrator may be bias and influence the reader's thoughts about issues in the story. The writer uses characters to help her deliver the story well. These characters usually are of different types. They include; the protagonist. The protagonist is the character whose life the story revolves around. This character creates the plot of the story. They are like the main characters of the story. In this novel, the protagonist is Ruku. The story is about her life from when she is married to Nathan, it continues with the introduction of other characters that help shape the story. There is also the antagonist. This is the character or force that opposes the protagonist. The fact is that the antagonist does not always have to be a character. There are other instances that usually have more than one antagonist. In this story the antagonist is not well developed and therefore not easy to identify. The antagonist though is the forces of change that keep opposing Ruku and her family to lead a good life. The coming of development and the change from the rural life to urban life as the industries continue to grow. These antagonists have made Ruku's life to be full of hardship. She seems to be jumping from one hardship right into another. The other characters in the book are major and minor characters. In this novel the major character apart from Ruku is, Nathan, who is the husband to Ruku. There is also Ira; she is the eldest of Ruku's children. She too struggles in life; she marries then later divorces with her husband. She later turns to prostitution so as to save her smaller brother from dying of hunger. Kenny and Ruku's fifth son Selvam is also major characters. Kenny is a foreigner but manages to get close to Ruku. He is a frequent visitor to the village. He later opens a hospital, where Selvam gets to work. The minor characters are the other sons of Ruku. Two of them join the tannery, where they get jobs. They are shown to embrace modernity by getting jobs at the tannery. They do this knowing that their mother is against it (Snclair 75). There is also Kunthi, who is almost of the same age as Ruku. She is quiet and aloof. To the villagers she is sad to have married beneath her class and unlike Ruku she never accepts her marriage and is therefore not comfortable. Kuli is also a minor character, who is different from Ruku as he has joy and hope amidst his difficulties. All characters in the book have enabled the author to narrate the story well; each character plays a role and all this roles combined help the book to properly develop. The theme of the story is about hope. The author wants to show the importance of hope in times of struggle. This is shown by how Ruku even after all the struggles, has hope that things will become better. In the first part of the book she and her husband are filled with hope that even if they do not own the land they cultivate they will one day. Ruku believes that man was given the sprit to rise above his struggles. The book may have been directed to the struggle that India was experiencing due to the colonial rule. The author wants to show the reader that things eventually get better with hope in life. Another theme looming in the book is that of fear. This is because the villagers do not know what will come tomorrow. Ruku and her husband are in fear of what might happen. They fear of what will happen to them when they lose their land. There is also the fear of the changes occurring in the village. The villagers are worried of what the introduction of the tannery will do to their village. Although some are optimistic that they will get jobs in the factory, Ruku is not happy with the tannery. The villagers live in fear and hope, Ruku says that she is not sure which one was stronger (Markandanya 78). The story is written in a reflective mood. This is demonstrated at the beginning where Ruku starts by informing the reader that she is well at present. She then falls into a flashback of those old times. This mode is used by the author to emphasis its theme of hope. It starts by showing that things are fine at present but it is due to hope that Ruku has been able to endure all the struggles. The mood also shows that the book is set in a historic time, when things were different from the present. If the book was written using a different mood it would not have had the impact the author intended to. The author has also used imagery in the book. Imagery is defined as an author's attempt to create a certain picture in the mind of the reader. Imagery is best displayed by use of images in books, but most novels do not usually have pictures, especially fictional ones. It is therefore upon the author to use the right words and style to bring out the right image. In this novel the author has been able to portray the life that the villagers were living in. The reader can also feel their way of life and what they believe in. Ruku narrates the state of their houses in a way that the reader is able to see the house well in their mind. The author also uses the literal device of symbolism. The book is set at a time when there is massive change all over India. There is an increase in urban development. Also, the British colonists are trying to bring changes to the citizens of India. In the novel the tannery is used as a symbol .it stands for change. The way the characters in the novel react to the tannery shows how they react to change (Sinclair 84). They are those who embrace the coming of the tannery, Ruku's sons included. Others like Ruku are strongly opposing the tannery. Nathan is seen trying to persuade hi s wife to accept this change since it is inevitable. The plot of the story is structured into two parts. The first part is mostly about Ruku's marriage life. The second part is about the efforts of Ruku and her family to seek refuge from their son in the city. The first chapters of the novel start when Ruku is married off to Nathan. They then travel to Nathan's place. In these chapters Ruku narrates to us how her arranged marriage results to an intimate and loving marriage. This chapter shows as Ruku transforms from a little girl to a woman who is now a good wife to Nathan. The plot proceeds to show how, Ruku gets a first born then becomes infertile. After a challenge she is able to give birth to other kids who are all sons. The children grow up and they all take their different routes in life. Some sons get employment at the tannery. Murugan, their third son goes off to the city to become a servant. Ira, the daughter, gets married and later is divorced. Ruku and her husband lose their land to the tannery and they have to move from the village. The second part of the plot shows the attempt of Ruku and her family to go to the city to their son. The son they are searching for is nowhere to be found. They are then forced to take up work at a quarry. Here, they work as stonebreakers to earn money for food. Nathan though dies and Ruku has to go to her home village. She is accompanied by Puli. She settles there with her daughter and her youngest son. The plot has been developed in a way that things moves from being worse to becoming better. Additionally, the author has also used the technique of conflict in the novel. There is conflict present between Ruku and the changes that present themselves. Ruku is mostly in conflict with the introduction of the tannery. There is also conflict between Ruku and her sons. They do not agree with their mother about the tannery. This is demonstrated when the sons seek out jobs at the tannery. Ruku struggles with this conflict until she and her husband resolves the conflict. They do this by moving away from their land, although Nathan later dies, Ruku resettles iin her home village (Markandanya 114). It is while here that things start to look brighter and actually get better. The author has also greatly illustrated the culture of the people in the novel. Culture is a wide term that covers various aspects of life. This includes; food, religion, beliefs and the way of life. Most of the characters in the story are land tenants. Just like Nathan, they do not own the land that they toil on. The tenants also largely depend on food from their farms for food. This is why when floods occur, most of their products are destroyed and they have to endure drought. Their staple food is rice, which they mix with vegetables. The religion of the most of the characters is Hinduism. This people in the book are portrayed to follow their religion faithfully. They will not agree to go out of what the religion demands of them. The Hindu religion requires women to pay for their dowry. Ruku is married off to a poor man, because even if she was the daughter of the headmen they could not afford a richer man. This is because the parents do not have enough money left after marrying off the sisters to wealthy men. Ruku though is able to understand the diversity of religion in the world as she interacts with a Muslim friend (Markandanya 54). The novel is used to show the situation that was present in India. There was a presence of Muslim in the country although they were a minority. Marriage is also a part of culture. Marriage is important as it determines the movement from one caste to another. It also ensures a good future for one's children. In the novel it is important to marry above one's level or a man who is of the same level as a woman. When a woman marries beneath her level, it means that she moves from an upper caste to a lower one. Ruku marries a man who is under her level. At the beginning she is not very comfortable and she gets disappointed upon seeing her husband house. Kunthi too marries below her level. She is so unhappy that she keeps letting everyone know that she married beneath her level. Nevertheless, Ruku is able to get used to her new level. The caste system in India is very important part of their culture. If the writer was to write the novel and not include this in the book, it would lack its originality of being set in India. The problem though is that the author belonged to the highest caste and in the book she focused on the lower ca ste. The novel has been able to portray a history of India. It shows a shift of India's economic and cultural situation. The novel is in a setting when the British have just finished ruling India. Although this is not stated openly, the book does imply this historical time. It shows the movement of younger people from the reliance of farming to industry. Many young people in the book including Ruku's sons seek employment in the tannery (Markandanya 65). It is also a time where rural areas are being transformed to urban areas. The theme of hope is signifies independence of India from the colonial rule. As the book ends on a brighter note, maybe the author signifies that India has finally achieved independence. The political situation after the British rule immensely influenced the story in the novel. During this time the British colonial rule had transformed India. Industrialization was increasing. They also introduced an educational system that was making the youth more liberal. They were more aware of their freedom than before. The British also introduced capitalism, the rich started to own more land while the poor lost property. They became poorer and were living in poor conditions. These aspects are included in the book. The author for instance shows the spread of industrialization with the tannery. It also shows how the poor were suffering due to the changes. The problem though is that the author does not clearly bring out the aspect of politics, which is clearly an issue at the time she writes the book. The book also addresses some human rights issue. The main issue though is starvation or hunger. The novel shows how the characters in the book depend on the farms for their livelihood. The food they eat is received from the farms that they led. The people also depend on the rain for them to grow their crop. When the rain fails or comes in plenty it spoils their crop. This leads to them experiencing famine. There is hunger experienced by the people living in the rural areas. They do not have anyone who comes to their rescue. Instead they are forced to turn to new means of getting food. It should be the government's responsibility to cater for their own in such times; this is not the case in the book. People are left to suffer, others even die of starvation. Ruku's daughter is even forced into prostitution so that she can get food for her siblings. It is unbelievable, the treatment of important human rights like food are taken very lightly. Conclusion The book, Nectar in a Sieve, is about a woman called Ruku and her struggles in life during rapidly changing times in India. The author has used several literary aspects to bring out the story well. These includes: plot, character, imagery, the first person narration and themes. The writer in the book is also able to show the culture of the characters in terms of religion, marriage and practices too. Although not directly, the book also touches on the political issue in India at the time the book was being written. The book is a good fictional book, well written by the author to especially bring out the theme of hope. The book shows the reader the importance of hope and how human beings without hope are not going to lead a full life. It also tells us not to give up easily. Buy custom Nectar in a Sieve essay

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How motivate the second language learner Essay Example for Free

How motivate the second language learner Essay The students are always motivated, and when we talk about motivation, it refer to student`s efforts to learn. Positively motivated students are more pleasant to learn, prepare more carefully for class, participate more actively and achieve more than negatively motivated students. Teachers should recognize that to improve motivation they will be dealing with cognitive, affective, social and perhaps even psychomotor variables. These recommendations are being offered as positive suggestion for improving student achievement motivation and also some thing which should not happen to participating students if high level of motivation is to be maintained. First, we should clarify for the student what is the goal of the course and what they have to do to achieve these goals. For reach this goal we should assist them. Give them feedback, and summarize important content of each class. We must have review sessions to help the student to recover what they learned. Use the example, that is, use a material which is related to what they know, in fact we should have a work which is creative and these activities should be purposeful. Give an exam and take them a test to motivate the student to have a better work. These are the cognitive works which we can do for motivate the students. In addition there is some affective variable which the teachers can done to motivate the students. They should avoid the practices which produce or continued anxity. A positive attitude toward the speakers, class and the teacher of the second language improve the motivation of language learner. Know the needs of students to achieve in some area. The teacher must be able to give reward for good work and punish for poor work if it is necessary. Use audio-visual aids whenever possible within reason. Plan for activities during the term. give them assignment to improve their proficiency. When applying a concepts use context which interesting the students Also there is some instruction to not be done in order to keep the student motivated. The student should not be made to suffer a lose of self-esteem and not be in a discomfort position like sit for a long time or cant hear what is said in the front of class. Or not asked them to take a test of what they don’t know or have an incomprehensible question. And should not be in inferior groups, or even ask them to be in a group of students who are superior learners. In conclusion to meet student needs, the teacher needs to make a commitment to themselves and to each student, to help that student grow. The purpose of teaching is growing the students knowledge which is be done by improving a motivation. If the teacher be aware of students need an the position of the class he/she can improve the level of the students` motivations and as a result their knowledge will be grow and language learning will happened as good as possible.