Thursday, January 30, 2020
The challenge for a self regulatory organization arbitrator Essay Example for Free
The challenge for a self regulatory organization arbitrator Essay An effective arbitration system requires competent, impartial and just arbitrators who will discharge their duties with great care. It is essential for arbitrators to realize that the disputing parties consider them to be akin to judges and that their power in some respects exceeds that of the judges in the sense that with the exception of a few causes, their decisions cannot be reversed. Arbitrators should not only be impartial but they should also appear to be so. â€Å"In arbitration, even more than in court, not only must justice be done, but justice must also be seen to be done . †Ethical Responsibilities. Sometimes, the arbitrator’s position in respect of a dispute could lead to a conflict of interests. Whenever such an event occurs, the arbitrator has to appraise the Director of Arbitration in this regard or in the alternative the arbitrator may decline to sit on the arbitration panel. The reason for such stringency is that arbitrators, in the course of their work, decide on issues that are of immense importance to the disputing parties, who must at all times be assured that their dispute has been accorded the fairest hearing possible and that justice to the fullest extent possible has been rendered. Independence and Impartiality The concept of independence and impartiality occupies a central place in civil justice and both the Online Dispute Resolution or ODR service provider as well as the individual arbitrator must not only be independent and impartial but must also appear to be so. Further, they should not have any vested interests. Moreover, it should be necessary for individual arbitrators and mediators to strictly adhere to a code of professional ethics. Such a code of professional ethics should ensure that arbitrators and mediators reveal personal interests in the dispute. Further, it should ensure that the arbitrators and mediators avoid conflicts of interest. The extent of the job security and remuneration of third parties should be adequate to ensure neutrality. The ODR user should be granted access to information in respect of the compliance of the arbitrators and mediators with these requirements. Moreover, third party arbitrators and mediators should be allocated on a strictly random basis and no single party should be permitted to select a particular arbitrator or mediator . It is important to note that the rules of international arbitration require the arbitrators to be invariably impartial in their reasoning. Further, these arbitrators have to be independent of the parties involved in the arbitration. The rules however do not specify this applicability in practice and in this respect, Article 7 of the American Arbitration Association’s International Rules allows this impartiality to vary if the parties involved have agreed to so. This Article 7 states that â€Å"Unless the parties agree otherwise, arbitrators acting under these rules shall be impartial and independent. †In an inflexible manner, the ICC Rules provide that â€Å"every arbitrator appointed or confirmed by the Court must be and remain independent of the parties involved in the arbitration†and that they shall make disclosures accordingly . The London Court of International Arbitration makes it mandatory that arbitrators â€Å"be and remain at all times wholly independent and impartial, and shall not act as advocates for any party†. The UCITRAL states that â€Å"Any arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence†. The process of arbitration entails an impartial, independent third party that considers the statements of the disputing parties prior to resolving the dispute by issuing a decision that is binding on all the parties involved in the dispute. This process is utilized in a wide range of disputes. Arbitrators are required to have better knowledge and better focussed expertise on the subject matter in comparison to the ordinary judges or jurors. Moreover, they should deal with the disputed matter with greater efficiency and logic. Due to these requirements, arbitral firms generally maintain information about prospective arbitrators and such information includes the specialised expertise of these arbitrators. However, in cases involving intellectual property, technical know-how though helpful may not always be desirable. Disputes arising out of contractual terms could differ and arbitrators having legal knowledge invariably have greater expertise than arbitrators without such knowledge. This explains the reason why parties always prefer a lawyer to be their arbitrator. In intellectual property matters the chances of a non legal person becoming an arbitrator are remote . In general, arbitration is characterized by parties who consent to use the process, privacy, the determination of the outcome by a third party, a legally binding and absolute process and the existence of narrow grounds on the basis of which an appeal can be made. Such hearings are usually less formal than court hearings and some forms of arbitration are conducted solely on the basis of documents and do not involve hearings . In A. S. M Shipping v. T. T. M. I it was held that in accordance with the precedent set by the European Court of Justice, the English law required the determiner of a bias to be fair minded and knowledgeable. In the case of Porter v. Magill the court created a test whereby it could be ascertained whether a fair minded, informed observer, â€Å"having considered the facts, would conclude that there was a real possibility that the Tribunal was biased. Trade Arbitrations, like the London Maritime Arbitrators Association of the LMAA, the Grain And Feed Trade Association or GAFTA, the Federation of Oils, Seeds and Fats Association or FOSFA, the London Metal Exchange or the LME, etc, constitute a major characteristic of London arbitration. A sizable amount of the world’s shipping and commodities trading utilize contract forms that specify London as the venue for trade arbitrations. The persons who are members of these arbitral bodies are required to possess widespread experience in the trade and at times they have to be active traders. Accordingly, in Rustal Trading Ltd v Gill Duffus SA one of the consultants of Rustal was being censured for his commercial character. The facts were that previously, one of the arbitrators had been embroiled in trade arbitration against him. While setting aside the challenge to this arbitrator, Moore-Bick J held that it could fairly be assumed that one of the reasons why the parties have agreed to trade arbitration is that they wish to have their dispute decided by people who are themselves active traders and so have direct knowledge of how the trade works. However, if the arbitrators themselves are to be active traders there is every likelihood that at least one member of the tribunal will at some time have had commercial dealings with one or both parties to the dispute. That is something which the parties must be taken to have had in mind . Conclusion The past two to three decades have been witness to the fact that disputes in international business have been resolved by international commercial arbitration. The success of this system is reflected in the resolution of important disputes that had their origin in the nationalization of oil concessions in the 1970s and 1980s, mammoth international construction projects such as the subterranean tunnel under the English Channel and crises brought about by incidents like â€Å"the French sinking of the Rainbow Warrior on its green peace mission. †Moreover, its success has been proved by the tremendous growth â€Å"in the number of arbitration centers, arbitrators and arbitrations . †The world of business has been subjected to tremendous growth with the result that it has become imperative to have in place a reliable and competent business disputes resolution mechanism. In general, businesses are partial to settling their differences in a manner that does not create animosity with the resultant hampering of their business relationship. Thus, arbitration, which entails rapid, pragmatic and efficient dispute resolution, is uniquely suited to such an endeavour. The process of arbitration differs from the usual judicial process as it is carried out by neutral arbitrators who are chosen by the disputing parties. Arbitration involves either one or three arbitrators and the particulars of the arbitration, like organization, arrangement, location and extent are incorporated in their contract. The arbitration clause, which contains these particulars, is in general agreed upon at the time of formulating the initial contract. The process of arbitration consists of a voluntary method of settling disagreements by obtaining a concluding and obligatory verdict from an unbiased third party regarding business disputes between parties. The value of this method is immeasurable in international business transactions which involve business parties who are on several occasions ignorant of the foreign legal systems . This essay examined the role of arbitrators in international trade disputes. The requirement that arbitrators should be impartial and independent had been analyzed by resorting to the decisions in relevant cases, scholarly journals and the United Kingdom’s Government’s Websites, which revealed that in the majority of the cases these arbitrators were functioning in an impartial and independent manner. The challenges faced by arbitrators and the court’s decisions have been discussed at length. International arbitrations are beset with a host of problems that are unique to such arbitrations; this situation arises due to the fact that opinion regarding what is deemed to be acceptable commercial practice differs from country to country. Due to the proclivity of the domestic courts to adopt a more or less laissez faire attitude, international arbitrations are to a large extent self-regulatory. In general, international arbitrations entail commercial disputes in construction, international sale of goods and commodities, and shipping . From the foregoing analysis it can be concluded that in the majority of the cases international arbitrators are impartial and independent. ? Bibliography 1. Arbitrator’s Manual. Available at http://www. nasd. com/ArbitrationMediation/ResourcesforArbitratorsandMediators/GeneralInformationandReference/ArbitratorsManual/EntireDocument/index. htm 2. A. S. M Shipping v. T. T. M. (2005). EWHC 2238. 3. Bank Mellat v Helleniki Technik (1984) QB 291. 4. Bank Mellat v GAA (1988) 2 LI 44. 5. Bazerman, Max H. , Farber, Henry S. Arbitrator Decision Making: When Are Final Offers Important? Industrial Labor Relations Review. Ithaca: Oct 1985. Vol. 39, Iss. 1; pg. 76. 6. Bremer Handles GmbH v EtsSoules e Cie (1985) 2 IR119. 7. David L Dickinson. A Comparison of Conventional, Final-Offer, and Combined†Arbitration for Dispute Resolution, Industrial Labor Relations Review. Ithaca: Jan 2004. Vol. 57, Iss. 2; pg. 288 8. Dezalay, Yves and Garth, Bryant. G. Dealing in virtue: International Commercial Arbitration and the Constitution of a transnational†¦1996, University of Chicago Press. ISBN: 0226144224. 9. Hammond v Bradford City Council (1970) 1 WLR 937. 10. Hornle, Julia. Online Dispute Resolution in Business to Consumer E – Commerce Transactions. Available at http://www2. warwick. ac. uk/fac/soc/law/elj/jilt/2002_2/hornle/ 11. http://fdcc. digitalbay. net/documents/Lanzone-SU04. htm 12. http://www. onlinedmc. co. uk/a_s_m_shipping_v__t_t_m_i. htm 13. IBA Guidelines on Conflicts of Interest in International Arbitration, available at http://www.sccinstitute. com/_upload/iba_guidelines_22_may_2004. pdf 14. Icori v KFTCIC Paris Court of Appeal 28 June 1991. 15. International Arbitration. Available at http://www. osec. doc. gov/ogc/occic/arb-98. html 16. Judicial Review: A Proposed Pre – action Protocol. A Lord Chancellor’s Department Consultation Paper. 2001. Department for Constitutional Affairs. Crown Copyright. Available at http://www. dca. gov. uk/consult/judrev/judrevanna. htm#anna1 17. LCIA to publish challenge decisions, 2006, available at http://www. lcia.org/PRINT/NEWS_print. html 18. Lerma, Jose Manuel Iborra. Worldwide Forum on the Arbitration of Intellectual Property Disputes: Geneva, 1994. World Intellectual Property Organization, p. 157-158. ISBN 9280504983. 19. Porter v. Magill (2002) AC 357. 20. Rustal Trading Ltd v Gill Duffus SA (2001). 1 Lloyds Law Reports 14. 21. SA Coppee Lavalin v Ken Ren (1994) 2 WLR 631. 22. Susan T Mackenzie. Compulsory Arbitration: The Grand Experiment in Employment, Industrial Labor Relations Review. Ithaca: Jul 1999. Vol. 52, Iss. 4; p. 648.
Wednesday, January 22, 2020
Alice Walker :: essays research papers
†¢Ã‚     Alice Walker was born on February 9, 1944 in Eatonton, Georgia. She was born into a poor sharecropper family, and the last of eight children. †¢Ã‚     At the age of 8 she was accidentally shot in the eye by her brother and was blinded on one eye until she the age of 14 when she got an operation and regained some of her sight. †¢Ã‚     This experience made her very secluded and reserved. She thought a lot about suicide but found comfort in writing. She became an observer rather than a participator in everyday life. †¢Ã‚     Alice Walker herself has said: â€Å"I believe it is from this period – from my solitary, lonely position, the position of an outcast – that I began really to se people and things, really to notice relationships and to learn to be patient enough to care about how they turned out...††¢Ã‚     She was one out of only six black students at the Sarah Lawrence College in New York where she received her Bachelor of Arts degree in 1965. †¢Ã‚     AW has had some problems of her own; she was very depressed after an abortion in senior year at college. She slept with a razor under her pillow for three nights as she wanted to commit suicide. Instead she turned to writing and in a week she wrote the story â€Å"To Hell with Dying†. She only stopped writing to eat and sleep. †¢Ã‚     AW always turned to writing when she was depressed, in these periods she got the greatest inspiration to her stories. †¢Ã‚     AW and her ex-husband Melvyn Leventhal were the first legally married interracial couple to live in the state of Missisippi (married in 1967, divorced in 1976). They had a daughter, Rebecca. She later remarried fellow editor Robert Allen. †¢Ã‚     AW was active in the Civil Rights Movement of the 1960’s. She has spoken for the women’s movement, the anti-apartheid movement, for the anti-nuclear movement and against female genital mutilation. †¢Ã‚     AW calls herself â€Å"a womanist â€Å", her term for a black feminist. She is one of the female Afro-American writers founding the concept â€Å"New Black Renaissance†. Style †¢Ã‚     AW’s work is deeply rooted in oral tradition; in the passing on of stories from generation to generation in the language of the people. To AW the language had a great importance. She uses the â€Å"Slave language†, which by others is seen as â€Å"not correct language†, but this is because of the effect she wants the reader to understand. Alice Walker :: essays research papers †¢Ã‚     Alice Walker was born on February 9, 1944 in Eatonton, Georgia. She was born into a poor sharecropper family, and the last of eight children. †¢Ã‚     At the age of 8 she was accidentally shot in the eye by her brother and was blinded on one eye until she the age of 14 when she got an operation and regained some of her sight. †¢Ã‚     This experience made her very secluded and reserved. She thought a lot about suicide but found comfort in writing. She became an observer rather than a participator in everyday life. †¢Ã‚     Alice Walker herself has said: â€Å"I believe it is from this period – from my solitary, lonely position, the position of an outcast – that I began really to se people and things, really to notice relationships and to learn to be patient enough to care about how they turned out...††¢Ã‚     She was one out of only six black students at the Sarah Lawrence College in New York where she received her Bachelor of Arts degree in 1965. †¢Ã‚     AW has had some problems of her own; she was very depressed after an abortion in senior year at college. She slept with a razor under her pillow for three nights as she wanted to commit suicide. Instead she turned to writing and in a week she wrote the story â€Å"To Hell with Dying†. She only stopped writing to eat and sleep. †¢Ã‚     AW always turned to writing when she was depressed, in these periods she got the greatest inspiration to her stories. †¢Ã‚     AW and her ex-husband Melvyn Leventhal were the first legally married interracial couple to live in the state of Missisippi (married in 1967, divorced in 1976). They had a daughter, Rebecca. She later remarried fellow editor Robert Allen. †¢Ã‚     AW was active in the Civil Rights Movement of the 1960’s. She has spoken for the women’s movement, the anti-apartheid movement, for the anti-nuclear movement and against female genital mutilation. †¢Ã‚     AW calls herself â€Å"a womanist â€Å", her term for a black feminist. She is one of the female Afro-American writers founding the concept â€Å"New Black Renaissance†. Style †¢Ã‚     AW’s work is deeply rooted in oral tradition; in the passing on of stories from generation to generation in the language of the people. To AW the language had a great importance. She uses the â€Å"Slave language†, which by others is seen as â€Å"not correct language†, but this is because of the effect she wants the reader to understand.
Tuesday, January 14, 2020
The Characteristics of Hemingway’s Works
The Characteristics of Hemingway’s Works Ernest Hemingway, who was awarded the Pulitzer Prize in 1953 and the Nobel Prize of Literature in 1954, occupies an outstanding position in the American literature. He is regarded as one of the most influential writers of the twentieth century. Hemingway is famous for his distinct writing style and his â€Å"Code Hero. †In addition, his many great works are based on his experiences of war. Hemingway’s writing style is arguably the most distinctive characteristic of his works. The minimalist style is the core of Hemingway’s writing style. His writing style contrasts with William Faulkner’s meticulous writing style. Margaret Anne O'Connor and John Alberti described, â€Å"If Faulkner confuses readers because he offers so many details for readers to sift through in order to understand what's going on, Hemingway confuses by offering so few†(par. 8). Hemingway developed his simple writing style while he was a reporter for the Kansas City Star. The newspaper office supported Hemingway to learn â€Å"short sentences, short paragraphs, active verbs, authenticity, compression, clarity and immediacy. Hemingway said, â€Å"Those were the best rules I ever learned for the business of writing. I've never forgotten them†(The Hemingway Resource Center par. 1). Hemingway developed â€Å"simple, direct, and somewhat plain†style. He seldom used adverbs or adjectives in his prose writing style. He eschewed using â€Å"direct statements and descriptions of emotion†and â€Å"place and things. â₠¬ In addition, he wrote terse and clear dialogue (Cooper par. 4). If one of his sentences is compared with a sentence of William Faulkner, Hemingway’s distinct writing style can be recognized easily. In a novel A Farewell to Arms, Hemingway started the first paragraph as â€Å"In the late summer of that year we lived in a house in a village that looked across the river and the plain to the mountains†(3). In contrast with Hemingway’s minimalist writing style, in a short story â€Å"A Rose for Emily,†Faulkner described Miss Emily’s house as â€Å"It was a big, squarish frame house that had once been white, decorated with cupolas and . . . what had once been our most select street†(29). Hemingway’s minimalist writing style is connected with the â€Å"Iceberg Principle. †Even though, Hemingway used simple writing style, his works are not simple. He endeavored to pare down words and convey implied meanings in few words. According to the Hemingway’s â€Å"Iceberg Principal,†the omissions of special parts of a story intensify the story. To do so, a writer should leave out special parts of story in â€Å"conscious†and make a reader recognize the abbreviated parts of story. If the reader recognizes the abbreviated parts, the reader can notice and understand the story intensely (Timeless Hemingway par. 70). Will Carroll wrote that â€Å"Hemingway hid nothing from the reader, though the reader did have to work to find it†(par. 2). According to Jeffrey Hart, Hemingway described his â€Å"Iceberg Principle†as â€Å"If a writer of prose knows enough about what he is writing about he may omit things he knows and the reader, if the writer is writing truly enough, will have a feeling of those things as strongly as though the writer had stated them. The dignity of movement of an iceberg is due to only one-eighth of it being above water†(par. 25). Another characteristic of Hemingway’s writing style is hard-boiled style. Anders Hallengren explained that â€Å"hard-boiled meant to be unfeeling, callous, coldhearted, cynical, rough, obdurate, unemotional, without sentiment†(par. ). The hard-boiled style also has close connection with Hemingway’s simple writing style. Because of his concise writing style, Hemingway could hone hard-boiled style spontaneously. Because Hemingway did not provide character’s detail thought and emotion, he described violence, cruelty, and death, whic h are discussed much in his works, unsentimentally. That is the core of the hard-boiled style. The last sentence of Hemingway’s novel A Farewell to Arms is a precise example of the â€Å"Ice Principle†and hard-boiled style. At the end of the story, Frederic Henry loses his lover Catherine Barkley during childbirth. Hemingway did not portray Frederic Henry’s sadness lengthily. Hemingway described, â€Å"After a while I went out and left the hospital and walked back to the hotel in the rain†(332). Even though, Hemingway omitted the description of Frederic’s emotion and depicted Frederic’s action unfeelingly, that sentence conveys the sadness and nothingness of Frederic intensely. Therefore, the â€Å"Iceberg Principle†and hard-boiled style helped readers grasp â€Å"a greater perception and understanding†(Timeless Hemingway par. 70). Hemingway’s characters have some features which are called the â€Å"Hemingway Code Hero. Philip Young coined a term the â€Å"Hemingway Code Hero. †He described the â€Å"Hemingway Code Hero†as whom â€Å"offers up and exemplifies certain principles of honor, courage, and endurance which in a life of tension and pain make a man a man†(Timeless Hemingway par. 19). According to the Melvin C. Miles, â€Å"Hemingway Code Hero†confronts the tragic condition with â€Å"dignity†. Although he or she is destroyed, the important thing is how he or she faces the tragic condition. He or she confronts the â€Å"destruction and death†with the â€Å"grace under pressure†(par. 15). In addition, according to the Paul Totah, Hemingway defined the â€Å"Hemingway Code Hero†as â€Å"a man who lives correctly, following the ideals of honor, courage and endurance in a world that is sometimes chaotic, often stressful, and always painful†(par. 1). Frederick Henry of A Farewell to Arms, Jake Barnes of The Sun Also Rises, and Robert Jordan of For Whom the Bell Tolls are examples of the â€Å"Hemingway Code Hero. †They â€Å"are young men whose strength and self-confidence nevertheless coexist with a sensitivity that leaves them deeply scarred by their wartime experiences†(Encyclopedia Britannica par. 12). In addition, Santiago of the novella The Old Man and the Sea is one of the finest examples of the â€Å"Hemingway Code Hero. †According to Clinton S, Santiago shows â€Å"heroic proportions. †He struggles with the giant marlin with courage, honor, and â€Å"endurance. †When sharks attack the marlin, which Santiago killed with his harpoon, he confronts hardship. In that hardship, he decides â€Å"to fight them until I die†(31). Santiago’s saying touches the core of the â€Å"Hemingway Code Hero. †Santiago says, â€Å"A man can be destroyed but not defeated†(Hemingway 103). Hemingway considered â€Å"authenticity in writing†very importantly. Hemingway thought that to write â€Å"honestly,†a writer should have firsthand experience or observation of the topic. If the writer does not have direct touch of the topic, the reader would recognize the writer’s short of the knowledge about the topic. In addition, he thought that when a writer discusses the well-known topic, he or she can get rid of the â€Å"superfluous detail without sacrificing the voice of authority†(MSN Encarta par. 9). According to the Carlos Baker, Hemingway said, â€Å"A writer’s job is to tell the truth. †In addition, Hemingway often commented that â€Å"I only know what I have seen†(85). Hemingway experienced major wars of early 20th century; his experiences from war became foundations of his great works. Thomas Putnam described that â€Å"No American writer is more associated with writing about war in the early 20th century than Ernest Hemingway. He experienced it firsthand, wrote dispatches from innumerable frontlines, and used war as a backdrop for many of his most memorable works†(par. 4). According to Elizabeth Meehan, Hemingway volunteered to be American Red Cross’s ambulance driver and was dispatched to Italy during the World War I. When he visited the Italian infantry trench, he was wounded by Austrian mortar fire. However he tried to rescue another wounded Italian soldier; he was shoot in his right leg by a machine gun (38). According to the Scott Donaldson, Philip Young insisted that â€Å"Hemingway's near fatal injury on the Italian front was a traumatic event that lay at the source of most of Hemingway's writing. †That is called â€Å"Wound Theory. †According to the â€Å"Wound Theory,†because of the trauma which Hemingway underwent in the Italian infantry trench, Hemingway â€Å"frequently†described the â€Å"confrontation with death and danger†in his works (par. 22). Hemingway’s experiences from World War I influenced his novel A Farewell to Arms. According to Elizabeth Meehan, Hemingway fell in love with Agnes Von Kurowsky who was an American nurse while Hemingway recuperated in a Milan Hospital. However, after Hemingway came back to America, she broke up their relationship via a mail (38). Among the experiences of World War I, the romance with Agnes Von Kurowsky and the injury from the Italian infantry trench became the important bases of the great novel. In A Farewell to Arms, a protagonist, Frederic Henry is an American lieutenant of Italian army medical corps. Frederic meets an English nurse Catherine Barkley whose model is Agnes Von Kurowsky. After he is wounded by mortar fire on the Italian front, he is sent to a Milan hospital. In the Milan hospital, they develop their relationship. Along with the romance, Hemingway discussed the loss of human value, disillusionment, and brutality of war in A Farewell to Arms. According to Thomas Putnam, Tobias Wolff said, â€Å"Hemingway’s great war work deals with aftermath. It deals with what happens to the soul in war and how people deal with that afterward†(par. 13). The â€Å"Lost Generation†represents the loss of morality and aimlessness of the aftermath of the World War I. The term â€Å"Lost Generation†was coined by Gertrude Stein. Gertrude Stein said, â€Å"You are all a lost generation†(Hemingway preface). Hemingway used her phrase in the preface of his novel The Sun Also Rises. Thomas Putnam described â€Å"Many regard the novel [The Sun Also Rises] as Hemingway's portrait of a generation that has lost its way, restlessly seeking meaning in a postwar world†(par. 25). Jake Barnes, a protagonist of The Sun Also Rises is an example of the â€Å"Lost Generation. †He is wounded during World War I and become impotent. Even though he loves Brett Ashley, his sexual pursuit can’t be satisfied with Brett. Barnes is a man who loses the traditional notions of morality and justice and wanders aimlessly through Paris and Spain. Hemingway had loved Spain during his lifetime. When the Spanish Civil War began, Hemingway visited Spain as a correspondent and supported the Republicans. He made a documentary film, The Spanish Earth and raised money for the Republicans. His experiences during the Spanish Civil War became the base of his novel For Whom the Bell Tolls (Special Collections par. 1). Hemingway discussed the human value, love, loss of innocence, loss of liberty, death, and brutality of war in that novel. Ernest Hemingway has distinct characteristics on his work; unique writing style, â€Å"Hemingway Code Hero,†and works which based on his experiences on war. As one of the most dominant American writers, the characteristics of his works have had a lot of influences on American life. According to the James Nagel, Hemingway’s simple writing style has given important effects to American literature. Especially, his style caused â€Å"the minimalist movement in American fiction. †Besides American fiction, Hemingway’s style has permeated on the American life. America reads newspapers and magazines which are influenced by Hemingway’s prose style and listens to the news which mirrors â€Å"Hemingway’s sparse style†(par. 6-8). In addition, according to the Foster Hirsch, Hemingway’s hard-boiled style has an important effect on the â€Å"tough crime writers†(par. 1). Hemingway’s great works which are based on his experiences of war are famed all over the world; his works announced the brutality of war. In addition, Hemingway reflected the aimless of the generation who survived the World War I. However, he did not continue to reflect the aftermath. Hemingway Code Hero†shows how to confront hardship with dignity to the people who have lost their notions of morality and justice. Works Cited †Ernest Hemingway. †Encyclop? dia Britannica. 2007. Encyclop? dia Britannica Online. 12 Oct. 2007 . â€Å"Ernest Hemingway. †Microsoft ® Encarta ® Online Encyclopedia. 2007. Microsof t Corporation. 1 Nov. 2007 . â€Å"Ernest Hemingway Biography-World War I. †The Hemingway Resource Center. 2007. The Hemingway Resource Center. 26 Oct. 2007 < http://www. lostgeneration. com/ ww1. htm>. â€Å"Ernest Hemingway FAQ. †Timeless Hemingway. 2007. Timeless Hemingway. 27 Nov 2007 < http://www. imelesshemingway. com/faq. shtml>. â€Å"Ernest Hemingway In His Time-The Spanish Civil War. †Special Collections. 2003. University of Delaware. 29 Nov. 2007 < http://www. lib. udel. edu/ud/spec/ exhibits/hemngway/spanish. htm>. Baker, Carlos. â€Å"The Way It Was. †Ernest Hemingway: Bloom’s Critical Views. Ed. Bloom. Harold. New York: Chelsea House, 1985. 85-106. Carroll, Will. â€Å"Ernest Hemingway. †American Literature Web Resources. 2001. Millikin University. 27 Nov. 2007 < http://www. millikin. edu/aci/crow/chronology/ hemingwaybio. html>. Clinton S, Burhans. Jr.. â€Å"On Santiago as A Tragic Hero. Ernest Hemingway’s The Ol d Man and the Sea. Ed. Bloom. Harold. PA: Chelsea House Publishers, 1996. 30-32. Cooper, Michael. â€Å"The Writing Style of Hemingway. †Ezine Articles. 2005. Ezine Articles. 21 Nov. 2007 < http://ezinearticles. com/? The-Writing-Style-of-Hemingway&id=70613>. Donaldson, Scott. â€Å"Ernest Hemingway. †SimonSays. com. 1998. Simon & Schuster, INC. 29 Nov. 2007 < http://www. simonsays. com/content/book. cfm? sid=33&pid= 359029>. Faulkner, William. â€Å"A Rose for Emily. †Literature: An Introduction to Fiction, Poetry, Drama, and Writing. Ed. X. J. Kennedy and Dana Gioia. 10th ed. New York: Pearson Longman, 2007. 9-34. Hallengren, Anders. â€Å"A Case of Identity: Ernest Hemingway. †Nobelprize. org. 2001. Nobel Foundation. 2 Nov. 2007 < http://nobelprize. org/nobel_prizes/literature/ articles/hallengren/index. html>. Hart, Jeffrey. â€Å"Fitzgerald and Hemingway; Modernism Goes Mainstream. †The Dartmouth Review. 2006. The Dartmouth Review. 27 Nov . 2007 < http:// dartreview. com/archives/2006/11/28/fitzgerald_and_hemingway_modernism_goes_mainstream. php>. Hemingway, Ernest. A Farewell to Arms. New York: Charles Scribner’s Sons, 1969. Hemingway, Ernest. The Old Man and the Sea. New York: Macmillan Publishing Company, 1986. Hemingway, Ernest. The Sun Also Rises. New York: Charles Scribner’s Sons, 1970. Hirsch, Foster. â€Å"Ernest Hemingway. †The Film Noir ’net. 2007. The Film Noir ’net. 2 Nov. 2007 < http://bernardschopen. tripod. com/hemingway. html>. Meehan, Elizabeth. â€Å"Ernest Hemingway: The Solitary Hero. †Twentieth-Century American Writers. CA: Lucent Books, 2000. 36-43. Miles, Melvin C. â€Å"An Introductory Overview. †The Lunatic Fringe. 2007. El Camino College. 28 Nov. 2007 < http://www. elcamino. edu/Faculty/sdonnell/hemingway. htm>. Nagel, James. â€Å"Ernest Hemingway: A Centennial Assessment. †CNN. com 1999. CNN. 12 Oct. 2007
Monday, January 6, 2020
Research Question Impact and Benefits of Ketogenic Diet - Free Essay Example
Sample details Pages: 3 Words: 1008 Downloads: 3 Date added: 2019/02/15 Category Health Essay Level High school Topics: Diet Essay Did you like this example? Obesity is becoming an epidemic for almost every demographic in the United States. With numerous attempts from countless health care organization to educate and reiterate the importance of dietary intake and weight control, obesity is still increasing dramatically. Risk factors included in obesity are an increased number of cardiovascular and metabolic disorders. Don’t waste time! Our writers will create an original "Research Question Impact and Benefits of Ketogenic Diet" essay for you Create order Genetics and pre-existing conditions combined with high-calorie diets and an unhealthy, inactive lifestyles affect weight gain and overall health. Besides weight gain and obesity, individuals with genetic predispositions face a high likelihood of developing hypertension, type-2 diabetes, as well as other diseases in various organs (i.e. heart, liver, or gallbladder disease). Research shows the social, physiological, and biological aspects of certain lifestyle changes, trend diets, and increased changes in nutritional beliefs. While there is not a set formula for weight loss and a healthy lifestyle, there are numerous ways to counteract weight gain and the other issues that could arise. One of the more recent strategies for weight loss/control, along with various other uses, is the ketogenic diet. The ketogenic diet is based off utilizing the naturally occurring process of ketosis. Many studies have shown the benefits of a ketogenic diet, but there are certain risks associated with th e trend as well. This review discusses the basis and motive of the ketogenic diet, the impact, and the positive and negatives effects of this diet. Introduction The ketogenic diet is based on the ketosis process and establishes a low carbohydrate, moderate protein, and high in fat diet. Ketosis being the metabolic process in which cells are deprived of carbohydrates, the body’s main source of energy, and as a result, starts breaking down reserves of stored fat into molecules called ketones. When there is a restriction of carbohydrates in the body, fat is broken down by liver, glycerol, and fatty acids are then released (Ruled me). The liver uses two processes to fuel your cells, they are called ketogenesis and gluconeogenesis (Ruled me). To achieve a ketosis breakdown the individual’s diets consists of about 75% fat, 20% protein, and 5% carbs â€Å"Once an individual reaches ketosis, most cells will use ketone bodies to generate energy until the individual starts eating carbohydrates again. After the individual reaches the stage of ketosis, they can begin to experiences the health benefits that come with it. One of the few ex amples of the ketosis health benefit includes the protection and regenerates of the nervous system, stimulation of mitochondrial production, ketones acting like an antioxidant, and helping to prevent the growth of some cancers. The majority of individuals consume a high-carb diet, their body burns glucose for fuel. There are problems with glucose. The body can store about 2000 Calories of glucose energy at any one time in the form of glycogen. The shift, from using circulating glucose to breaking down stored fat as a source of energy, usually happens over two to four days of eating fewer than 20 to 50 grams of carbohydrates per day†(Campos). Essentially meaning there is a decrease in easily digestible carbohydrate consumption, while there is an increase in calorically intake from proteins and fats. The Ketogenic Diet is very difficult regimen to follow due to the fact that most American foods are very high in sugar and carbohydrates (UNM). But with practice and understanding what the diet aims to achieve, it can be reduced to a manageable routine (UNM). There are four reasons why people find Ketogenic Diet to be difficult. The first reason is the supply, finding food in the grocery can be very challenging because one needs to buy food that is low in carbohydrates otherwise you get the kick out of ketosis. The second reason is the Disciple, for this diet to work, one has to be strict in self- control because it is very easy to be tempted. The third reasons are having the knowledge of the ketogenic diet which will give one a better understanding of the diet. The fourth reason is it takes time and patience for the results to show but unfortunately not everyone has that patience to wait. Dr. Russel Wilder was the creator of the ketogenic diet and has since been used to help combat weight gain. He created the diet in 1921 at the Mayo Clinic for the purpose of treating patients especially children with Epilepsy. â€Å"For almost a decade, the ketogenic diet enjoyed a place in the medical world as a therapeutic diet for pediatric epilepsy and was widely used until its popularity ceased with the introduction of antiepileptic agents†(Masood). Recently with diet trends, The resurgence of the ketogenic diet as a rapid weight loss formula is a relatively new concept the has shown to be quite effective, at least in the short run. The ketogenic diet was originally â€Å"developed for the treatment of pediatric epilepsy in the 1920s and was widely used into the next decade but its popularity waned with the introduction of effective anticonvulsant drugs†(Realize Health). Recent work over the last decade or so has provided evidence of the therapeutic potential of ketogenic diets in many pathological conditions, such as diabetes, polycystic ovary syndrome, acne, neurological diseases, cancer and the amelioration of respiratory and cardiovascular disease risk factors. Methods Many studies have been conducted by various scientists and nutritionists that seem to defend the beneficial aspects of utilizing the ketogenic diet to regulate weight loss and the other health issues that can arise from obesity. But due to the intense nature of the diet, most participants do not use the ketogenic diet as a long-term diet. There were several methods listed below that explain the testing of the ketogenic diet and its benefits in the short-term. In researching this topic, there was a study entitled â€Å"Ketogenic enteral nutrition as a treatment for obesity: short-term and long-term results from 19,000 patients†conducted by Gianfranco Cappello, Antonella Franceschelli, Annal†isa Cappello, and Paolo De Luca. In this study, participants underwent cycles of the diet in 10-day periods which consisted of being given a solution consisted of 50-65 grams of protein, vitamins, and electrolytes, through a tubeâ€
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