Discuss the Ability of Private Individuals to Seek Damage for Breaches Essay

Discuss the Ability of Private Individuals to Seek Damage for Breaches of EU - Essay Example The outcome of the comparative report has enabled the European Commission to know the hurdles in the path of activating the private application of competition law within the Member States and discuss the ways by which a more dependable system of private antitrust enforcement could be created. The relative analysis of the various legal systems in the EU indicates a huge difference in the member states handling of competition law claims. Process-related differences between national legal systems in the EU are turning in favour of forum shopping in inter-state cases. Before taking an action, applicants involved in inter-state process can check the benefits and disadvantages of national jurisdictions before furthering an action for losses in one or many member states. The EU member states are expected to adhere to EC law, but the processes they follow for private enforcement cases are controlled at a national level. Changes to national law in one member state, like it happened in Germany , do not impress other member states. This gap between national process of the law and EC law needs to be settled for adopting an EU-wide universally dependable system4. This paper will discuss some leading trends in three of the Member States including Germany, UK and Italy. The role of European Commission in making the EU competition law very efficient on the private enforcements would be discussed. European Commission attained this aim by issuing the Green Paper in 2005, which was followed by the White Paper in 2008. The Courage5 verdict by the European Court of Justice (ECJ), brought more in focus the right of private individuals to fight for losses as an outcome of violations of EC competition rules, (specifically losses caused from breaches of Art 101 and Art 102 TFEU). One of the most significant reasons of the long ignorance of the private antirust from the competition policy is the distinct European system. The European Commission and European Courts impact private antitrus t cases as they have registered their attendance in public competition law enforcement. Furthermore, the European Courts are not competent enough to decree on private enforcement of EC law infringements. The European Court of Justice only considers preliminary references by national courts of the Member States such as Courage and later Manfredi6 cases. Only in select cases the ECJ has taken a stance, as Courage and Manfredi cases have huge impression on the competition law policy7. The fight between Entrepreneur Estates (previously Courage) and MrCrehan over a beer tie agreement prompted the ECJs Courage decision in 2001. The Court said that â€Å"[...] the practical effect of the prohibition laid down in Article 85(1) [Art 101(1)] would be put at risk if it were not open to any individual to claim damages for loss caused to him by a contract or by conduct liable to restrict or distort competition†8. This personal right to seek reward for the damage caused by infringement of competition rules was again reasserted in Manfredi case in Italy9. The ECJ stated as based on the principle of effectiveness the national courts o

Analysis of the Personality Traits of Steve Jobs Essay Example for Free

Analysis of the Personality Traits of Steve Jobs Essay Steve Jobs is arguably one of the most successful CEOs of our times. In his time at Apple and Pixar he has redefined business across the Computing, Music and Mobile communications industries. In spite of being a college dropout he has gone on to become a technology and a business icon. His ability to achieve extraordinary success against tremendous odds makes him an extremely interesting personality to study. Following are his key personality traits. 1)Charismatic Charisma refers to the ability of a person to be able to mesmerise and hold the attention of others. Steve Jobs has charisma in ample abundance. His talks at the annual Macworld Expo have an attendance akin to that of a rock concert. People from all over the world flock in to listen to him for hours together as he delivers his famed talks on technology, innovation and Apple products. 2)Ingenious Ingenious is a rare personality trait that enables an individual to be clever, original and innovative. Prior to the launch of the iPod, the entire industry was looking at desktop publishing and the internet as new sources of revenue. Steve Jobs however was among the few who realised that there was latent demand in the MP3 player segment. He followed up on his insight by launching an iPod which had extremely innovative functions and a unique design. The product captured the attention of the world and along with his other innovation iTunes went on to change the way the world listens to music. Quite clearly he is an ingenious person. 3)Persistent Persistence is the ability of a person to stick to his convictions in spite of huge obstacles. With regard to this an early manager of his had commented that Steve never takes â€Å"no† for an answer For him â€Å"no† is only a comma and never a full stop. He will keep coming back till his objective is achieved. Years later his persistence was in ample display as he stubbornly stood his ground against internal opposition to his unconventional plan to turnaround Apple. 4)Unempathetic Empathy is the ability of an individual to understand Steve Jobs is known for pushing his employees to extreme limits. He is known for firing his employees often in an erratic fashion. This shows that he is unempathetic to people around him.

Advantages and Disadvantages of Building Restoration

Advantages and Disadvantages of Building Restoration Using examples explore the advantages and disadvantages of allowing redevelopment and reconstruction of historic buildings. For the purposes of this discussion it is primarily important to determine what is meant by historic and to rationalize the terms redevelopment and reconstruction. The terms will be used in the context of preserving and conserving buildings. This includes maintaining their predominant features and characteristics, whilst enhancing new features in keeping with the style and building constraints relating to traditional use of materials and resources. According to English Heritage buildings exist across the UK that span over a thousand years. They also work with the Department of Culture, Media and Sport and local authorities to allocate buildings such as these according to their criteria for listing or categorizing for the purposes of their historic importance. These are identified using the following criteria: Those having architectural interest: buildings which are nationally important for the interest of their architectural design, decoration and craftsmanship; also important examples of particular building types and techniques. Those deemed of historic interest: this includes buildings which illustrate important aspects of the nations social, economic, cultural or military history. A variety of places that have a close historical association with nationally important buildings or events. Places which have group value, especially where buildings are part of an important architectural or historic group or are a fine example of planning (such as squares, terraces and model villages) [1] English Heritage define historic in relation to a number of factors. All buildings constructed before 1700 are automatically listed. Similarly this is the case with most properties up to 1840. A number of post 1945 buildings are also included in these terms. A comprehensive breakdown of listed buildings statistics across the UK is illustrated below: 38% are domestic dwellings 15% date from before 1600 nearly 20% date from the 17th century 31% from the 18th century 32% from the 19th century 3% from 1900-1944 0.2% from 1945 or later[2] Introducing conventional features can have negative consequences on properties such as those defined above. Not only for cosmetic or domestic purposes but also in relation to implementing safety measures into a property. and accessibility by way of lifts and hand rails etc for the benefit of people with disabilities. There is also a trend for interpreting properties of historical interest into entertainment or ‘edutainment’ orientated experiences which can be argued devalues the historic importance and often encourages historical inaccuracy from the learning perspective. The final consideration to be made in relation to this essay question is the notion of whether old buildings should remain preserved exactly as they are without any enhancement, improvements, additions or restorations. That they should reflect the period they were constructed in and be immortalized as a historical or scientific study. This paper will seek to exemplify many of these issues relating to the redevelopment and reconstruction of historic buildings which covers a broad argument for discussion. The English Tourist Board published a paper in 1991 entitled ‘Maintaining the Balance’ which proposed new schemes designed to ensure that historic town environments worked in sync with their communities whilst providing the visitor with a traditional experience. Visitor Management Plans were adopted and Town Centre Managers were recruited as means of taking these initiatives forward. The conservation and preservation of built heritage often involves maintaining tight restrictions and limited planning opportunities which is not conducive to new housing projects or business opportunities which could generate enterprise and economic benefits. Instead many of the UK’s classified historic towns remain stagnant and non progressive.[3] Similarly there are currently plans to renovate and restore the city centre of Amsterdam in keeping with its cultural heritage. The city centre is divided by two groups of residents. One enjoys the aesthetic benefits of living in this area , while the second are simply living centrally for the purposes of work and being close to amenities. This second group is unconcerned with the historical importance of the city and is not prepared to invest in maintaining or developing it as such. Often when areas such as this are under preservation orders high costs are incurred for maintenance and renovation in the style accustomed to the period. This in turn raises the rents of properties which become too high for existing residents to afford, eventually forcing them out of their homes, as is feared in Amsterdam.[4] When considering the practical aspects of individual houses, when a building is disassembled or exposed for the purposes of renovation or reconstruction, a great many vital elements which are original to its heritage can be lost. This might include clay or lime mortars used in between joist, foundations and chimney linings. Wooden frames held together by pegs can fracture if disengaged and it is crucial that that high levels of carpentry skills and traditional craftsmanship techniques are applied when rebuilding and renovating buildings.[5] There are an abundance of sites, Museums and stately homes which are testaments to ‘living history’ and function for the benefit of the public across the world today. Colonial Williamsburg and the Historic Charleston Foundation in the United States, Slave Forts in Africa and Weald and Downland Open Air Museum in the UK to name a few. They all encourage the preservation of old buildings. With this redevelopment comes the opportunity of numerous availability of grants and Heritage Lottery funding to help with this process. They enable people to remain aware of what is important historically and that reflects the lives and communities from which we all originate. People managing these processes need the necessary expertise with which to achieve these renovations and reconstructions. Acquiring documentation of age is essential as is being true to the period in which it was built architecturally. Architectural historians in the United States for example have divided buildings into around half a dozen significant periods of half a century each. These phases are then sub-divided into over-lapping periods. Even then not all of these categories are universally recognized.[6] This suggests reason enough for ensuring that each building selected for re-development is accurately assessed and renovated accordingly and appropriately. It is important also to remember that this is not a new phenomenon. In 1877 the painter and writer William Morris wrote a manifesto against the proposed restoration of Tewkesbury Abbey. During this and subsequent periods architects considered restoration to be about changing a building for the purposes of altering it to reflect its key historical importance. For example during the late nineteenth century many Anglo-Saxon churches in the UK were ‘restored’ into Gothic interpretations. This was a reflection of people’s attitudes then surrounding medieval masons, who were deemed uninitiated into religion. Consequentl y the Gothic form and design purported to purist representations and was in essence closer to God.[7] It is important then to remember that when renovating buildings they do not become exploited for the benefit of contemporary tastes and trends. It can be argued that many of these ‘living history’ experiences have become just that and are able to be devalued very easily. Accuracy based on the facts available to the architects is what should remain of paramount importance when reconstructing any historic building. One of the most exceptional examples of reconstruction to be seen today is with the city of Warsaw in Poland. During the Second World War over 85% of the city centre was destroyed. A huge campaign and total restoration took place over a number of years. The results of which stand today including replica churches, palaces and a market places all sensitively and historically representative of a history which spans some eight hundred years in its reconstruction. [8] On the other hand reconstruction is never going to be entirely accurate in some instances and it is these examples that encourage debate. Take for example the tourist reconstruction site at Mount Vernon in Washington where the coach house, slave quarters/ greenhouse and ‘stercorary’ have all been restored following fire damage that occurred in the mid nineteenth century. Some of which was based on documents and reminiscence accounts from past generations. Parts of the stercorary were rebuilt in 2001 incorporating the original cobbled stones and brickwork uncovered by archaeologists with research sourcing a drawing from 1807 which provided structural accuracy to be maintained. However when builders came to reconstruct the blacksmiths shop the old plantation ledgers illustrated detailed records pertaining to its location and activities. Whilst other archives provided details relating to the working blacksmiths themselves. Nonetheless contradictions began to appear relating to the shop’s exact location and its appearance during the year 1799. This contention has raged for over fifty years and has raised all the issues regarding physical reconstruction and the amount of evidence that is required in order to support the justification for re-building the property without sufficient authenticity.[9] Another similar example of this where reconstruction has been curtailed is with the handling of Franklin Court in Philadelphia, the residencies of the former President Benjamin Franklin. During the 1970’s an extensive programme of research both archaeological and archival was carried out on the assumption that the house and grounds would be renovated and fully furnished into an interpretative museum. But the research revealed little evidence of any pictures or drawings of what the house had actually looked like. Consequently no reconstruction took place other than the outbuildings and grounds which had retained more documented evidence. Proving that accuracy is reassuringly not always taken for granted in this type of work. Future functional requirements of a building are also aspects of development to consider within a historic building, as the law now governs that public buildings need to comply with the DDA (Disability Discrimination Act) by ensuring they have accessible routes both internal and external as well as ramps, lifts and toilets where necessary. This legislative requirement has had an impact on the way in which many historic buildings have had to alter their environment, which is of course an enormous and necessary benefit for people with a disability; although it remains one more area of concern where public renovations and redevelopments are taking place. The most heated debate in terms of redevelopment of historic buildings is of course a matter of architectural and archaeological appreciation. Some sites are considered simply not available to be rebuilt. Sites such as Pompeii for example or the Pyramids of Egypt. They are revered as preserved examples of the past, museums in their own right. They consist of ruins which are fragile and vulnerable. If these ruins become too fragile or it becomes impossible to maintain them then it is understandable that some sort of structure may have to be built around them. This may of course eventually decrease the visual enjoyment of a historical building which is why so many sites of importance are now being re-built. Such historical monuments are now able to be reconstructed far more easily by way of digitization. Several digital projects of this type exist for educational purposes and are becoming more widespread. In addition many historic houses like the Queens House in Greenwich, London provi de significant 3D models that demonstrate the different architectural development of the construction and alterations over time. [10]Technology has become so precise and truthful in its interpretations that this may prevail as the preferred method of reconstruction and development in the future. Many historic buildings get demolished just because they are old, so the modern appreciation for rebuilding and conserving these properties are essential to maintaining the cultural heritage of nations throughout the world. However it is important that the historic environment from which they have descended is fully understood. The right skills, techniques and materials from an archaeological perspective are fundamental to ensuring this process is achieved accurately and sensitively. Bibliography Deben, L, Salet, W (2004) Cultural heritage and the future of the historic inner city of Amsterdam: Het Spinhuis Smith, M.K, Robinson, and S.M (2006) Cultural Tourism in a Changing World: Politics, Participation and (re)presentation: Channel View Publications Paravalos, P (2006) Moving a House with Preservation in Mind: Rowman Altamira Nash, G (2003) Renovating Old Houses: Bringing New Life to Vintage Homes: Taunton Press Sickles-Taves, L (1999) The Use of and Need for Preservation Standards in Architectural Conservation: ASTM International Jameson, J.H (2004) The Reconstructed Past: Reconstructions in the Public Interpretation of Archaeology and History: Rowman Altamira Fitch, J.M (1990) Historic Preservation: Curatorial Management of the Built World: University of Virginia Press, 1990 Sourced from: http://www.worldheritagesite.org/sites/warsaw.html, Date accessed, 20/11/08 Sourced from: http://www.nmm.ac.uk/visit/scenic-attractions/architecture-and-views/greenwich-architecture-and-views, Date accessed, 20/11/08 [1] Sourced from: http://www.english-heritage.org.uk/server/show/nav.1373, Date accessed, 19/11/08 [2] Sourced from: http://www.english-heritage.org.uk/server/show/nav.1373, Date accessed, 19/11/08 [3] Smith,M.K, Robinson,S.M (2006:292) Cultural Tourism in a Changing World: Politics, Participation and (re)presentation: Channel View Publications [4] Deben,L,Salet,W (2004:247-248) Cultural heritage and the future of the historic inner city of Amsterdam: Het Spinhuis [5] Paravalos,P (2006: 62-63) Moving a House with Preservation in Mind: Rowman Altamira [6] Nash,G (2003:21) Renovating Old Houses: Bringing New Life to Vintage Homes: Taunton Press [7] Sickles-Taves,L (1999: 14) The Use of and Need for Preservation Standards in Architectural Conservation: ASTM International [8] Sourced from: http://www.worldheritagesite.org/sites/warsaw.html, Date accessed, 20/11/08 [9] Jameson,J.H (2004: 80) The Reconstructed Past: Reconstructions in the Public Interpretation of Archaeology and History: Rowman Altamira [10] Sourced from: http://www.nmm.ac.uk/visit/scenic-attractions/architecture-and-views/greenwich-architecture-and-views, Date accessed, 20/11/08

Witchcraft In U.S. History Essay examples -- essays research papers

The religion of Witchcraft dates back about 25,000 years, to the Paleolithic Age, where the God of Hunting and the Goddess of Fertility first appeared. Out of respect for the overwhelming power of Nature grew a belief in beings, gods, who controlled the winds, the seas, the earth and the fires (Rinehart). People have been slaughtered for ages because they had different belief systems or they simply were not liked. Whether they were witches or not, hundreds of thousands of people have been burned at the stake, dunked in freezing rivers, or otherwise tortured because people accused them of being witches. People have been moving over to get a better life Shortly after Christopher Columbus sailed across the Atlantic trying to get to India and unknowingly bumped into South America. People started moving over very quickly after finding that gold was present in South America. Several countries moved into various parts of South America, Central America, what is now Mexico, North America, and Canada. This new place was ripe for the taking there was gold, plenty of game and a lot of farmland. In 1620, a group of Separatist Puritans called Pilgrims landed at Plymouth in the Mayflower seeking religious freedom. Once the pilgrims got settled down in various villages people started accusing each other of practicing witchcraft. Whether it was new people from another separatist group or just jealousy the accusations flew. The people who were often thought to be the accusers of witches were commonly believed to be men wishing to suppress unruly women. This may be true, but is far more indirect and subtle than popularly believed. The responsibilities held by a housewife had immense importance in her role in society. Women were responsible for preserving the boundaries of social and cultural life. When this process was disrupted, the authority and identity of the housewife were put into question, she could no longer control the processes needed to fulfill her role. Instead of admitting this loss of control, it may have been easier for the housewife to blame a witch, usually someone who had wronged her. (Starkey 24) Female accusers may have felt the need to prove their own â€Å"normality† and their willingness to accept the restrictions and assumptions of a religious society. Accusing another may also have been a way of diverting attention away from themselves. It may ... ...ft or Wicca is more widespread than one might think. But it is actually quite popular, especially around teenage youths. Sources â€Å"Cerridwen's Retreat† http://www.angelfire.com/ky2/cerridwen/index.html.. Site 1 George Malcolm. 1692 Witch Hunt the layman’s guide to the Salem witchcraft trials. Heritage books, in 1992. â€Å"The History of Witchcraft and The Salem Witchcraft Trials† http://www.angelfire.com/mi/WitchHistoryReport/index.html Site 2 â€Å"The Inner Sanctum† http://www.witchway.net/.. Site 3 Starkey L. Marion. The Devil In Massachusetts. Anchor Books NY New York, 1949. â€Å"Naidra's humble abode† http://www.geocities.com/Athens/Acropolis/2903/ Site 4 â€Å"Nemain† http://nemain.virtualave.net/. Online, July 18 2000 Site 5 Trask B. Richard. â€Å"The devil hath been raised† A documentary of the Salem village witchcraft outbreak of march 1692. Yeoman Press, Danvers Massachusetts, 1992. Marshal Richard. Witchcraft The history and Mythology. by Random house publishing, Avenel, New jersey 1995. Rinehart, Catara. Personal interview, 19 July 2000 â€Å"Witchcraft in Salem village† http://etext.lib.virginia.edu/salem/witchcraft/ Site 6 9

Reflection to Patch Adams Essay

Patch Adams is a very touching, sad yet inspiring story where you can learn a lot of lessons. It is a story about Hunter Adams who committed himself to an asylum for being suicidal. While in the asylum, he discovered his desire to help, understand and connect with people. After leaving the institution, he enrolls into a medical school to be able to accomplish his dream. During his stay in the hospital he helped the patients through humor because he believed that by making them laugh and forget the pain, it will strengthen them but it is prohibited to interact with the patients. It is only allowed when he reach his 3rd year. This became one of the reasons for him to be expelled from school but he never stopped and continue doing what he believe is right. As the story goes on there are many things that hinder him to achieve his dream but the head nurse believes in what he is doing and works along with him. Patch decides to continue his dream while Dean Walcott fights to have him thrown out of school but he always end up being unsuccessful. Patch established a free clinic called Gesundheit together with the help of his friends, Truman and Carin where the medicine is based on love, where in patients helps and treat one another, but the college finds out he was treating patients without a license making his entire career placed in risk. The time came that Patch questioned God if He cares or not. He was devastated after the death of Carin, the woman he loves because of a murder. He complained to God that on the 7th day of God’s creation, he should not rested instead used it for compassion. But God answered back through the butterfly and it brought back his passion he had before, that he is a man of mission to help people. In the movie, Patch has our Lord as his model for compassion. He was able to get victory because of his faith, hope and love. The movie tells us to be like Patch Adams in dealing with other people. We should look at the person beyond all of his imperfections. Patch’s attitude is very humane and his actions are very Christian and it should spread to all of us. We can be doctor to one another by making people smile, helping the needy or teaching other people to do good things. Through doing these, small gestures may cause a big impact to them. We should always remember that our model in being a doctor is none other than our Lord, Jesus Christ. The story tells us that we should have a passionate character. We should use our fears or failures as our key to success. Always believe that failures have seeds of success that will develop in it. Always be motivated so that you can influence other to be motivated too and when there are people who are feeling down we should help and cheer them up. Patch Adams is a movie worth watching, it will satisfy you and will make you learn and realize things. The movie has something to do in our lives, the moral lessons found in the story are applicable. It can make us to be a better person and help us possess characteristics of Patch Adams which are truly admirable and impressive. We should also see problems in a Christ-like manner and always focus on the solution not in the problem. When Patch is treating patients in his clinic, he exhibits great sacramental awareness by simply admitting that we are a community that can help each other. He proclaims that everyone is both a doctor and a patie nt. Patch also nears the meaning of the sacrament of Anointing of the Sick. He heals people in a beautiful way and we should do the same thing. In essence, even at our lowest medicines in life, truly the best medicine is humor. The philosophy of Hunter Adams is really workable. We can continue improving the doctor-patient relationship. Because of the movie, we are able to open our eyes and mind that there is something wrong with the medical system nowadays. We should change it now and try to do things better and in more humane way. Dr. Patch’s character shows that we should help people with understanding and love no matter what. His character teaches us not to give up on what we believe in. Let us be an inspiration to others. Patch Adam’s character is indeed amazing. He should serve as an inspiration and motivation not only to us but also to the medical community around the world. In our life we should not let fear conquer us. We should be strong enough to be different and exceptional. Do not be afraid to stand on your own faith.

Love in Romeo and Juliet

Love in Romeo and Juliet When playing a game of poker, we often find that our hand provides us with some good cards and some bad ones. The same is true for the play of Romeo and Juliet. Franklin M. Dickey explains that "Romeo and Juliet die... only as the result of a series of mistakes and misunderstandings" (467). What Dickey is saying is that the deaths of Romeo and Juliet only occur because of a series of misdeals or, in this case, a series of mistakes. Unfortunately for Romeo and Juliet, Shakespeare decided not to play their cards right, and therefore their lives turned out to be the cost of this deadly game.While shuffling through the characters of the play, Friar Lawrence sticks out in my mind. The friar played a huge role in the deaths of Romeo and Juliet. Perhaps his first mistake was his initial plan to marry them. It almost seems that Friar Lawrence is the dealer of this story, because he begins the game by starting the initial union between the two "star-crossed lovers" (Shakespeare, prologue).Rom eo and Juliet, Act I-Scene_3. Lady Capulet and ...Without him, Romeo and Juliet would not have married and therefore may not be dead. The friar seems to only see the good side of a situation, without ever considering the consequences if the game changes its course. Instead of considering how marriage between the feuding family's children could be dangerous, he only exclaims, "For this alliance may so happy prove/to turn your households' rancor to pure love" (II, iii, 98-99). Friar Lawrence can also be put to blame specifically in the death of Juliet. After hearing noises from the tomb's surroundings, he warns to Juliet, "come, go, good Juliet. I dare no longer stay" (V, iii, 164). To his surprise, Juliet responds, "go, get thee hence, for I will not away" (V,