Nollan vs. CCC Essays - Environment, Free Essays, Term Papers

Nollan vs. CCC Essays - Environment, Free Essays, Term Papers Nollan vs. CCC Environmental Law Nollan vs. CCC Abstract of: 483 U.S. 825, 97 L. Ed.2d 677 James Patrick Nollan, et ux., Appellant v. California Coastal Commission. Case Definition: The case is Nollan versus the California Coastal Commission. The Nollans were the appellates against a decision made by the California Coastal Commission (CCC). The Nollans had been leasing a property on the California coast with which they had an option to buy. The property lies directly at the foot of the Pacific Ocean and is a prime piece of real estate on the California Coast. The property had been used by the Nollans to rent out during the summer months to vacationers. At the end of the Nollans lease they took the option to purchase the land and began preparing for the terms of purchase by the previous land owner. Among those terms was the demolishing of the small deteriorating bungalow that the Nollans had been leasing. The Nollans had planned to expand the structure from the small bungalow that it was to a three bedroom house more complimentary to the surrounding homes and their needs. In order to begin destruction of the property and begin rebuilding the site the Nollans had to secure a permit from the California Coastal Commission. Upon submitting the permit application, the CCC found that the permit should be granted on the condition that the Nollans provide public access to the beach and to the local county park, which lay adjacent to the property. This provision called for the Nollans to use a portion of their land to be used as a public walkway to the beach and park. The Nollans protested to the condition, but the CCC overruled the objection and granted the permit with the condition intact. Case Decision: The Nollans filed a petition to the Ventura County Superior Court asking that the condition to supply easement be removed from their permit. The Nollans argument was that there was not enough evidence to support the developments limiting of public access to the beach. The argument was agreed upon by the court and the case was remanded to the California Coastal Commission for a full evidentiary hearing on the issue of public access to the beach. The CCC held a public hearing which led to further factual findings which reaffirmed the need for the condition. The CCCs argument was that the building of the new structure would limit view of the ocean, and therefore limit access to the public who had full rights to use the beach. To compensate for the limitations on the public the Nollans would have to provide access to the beach from their property. The CCC also noted that all of the other developments on the same tract of land had been conditioned similarly in having to provide public access to the ocean. The Nollans filed a supplemental petition for a writ of administrative mandamus (a writ that would order a public official or body to comply with a specified duty issued by a superior court). The Nollans argument was that the permit condition violated the Takings Clause in the V Amendment, and also in the XIV Amendment of the Constitution. The court agreed that the administrative record did not provide for in showing the existence of adverse impact on the publics access to the ocean. The court granted the writ of mandamus, and directed that the public access condition be removed from the permit. The CCC appealed the case in the California Court of Appeal and won the decision. The Court of Appeal found an error in the Supreme Courts interpretation of the Coastal Act which mandates public access to any category of developments on the coast. The Court of Appeal also found that the Takings claim was unsubstantiated by the Nollans. The permit condition did take from the value of the land, but did not restrict them of reasonable use of their property. The Nollans then appealed to the United States Supreme Court. The argument made by the Nollans continued to revolve around the Takings Clause in the V Amendment. The Supreme Court found that the requirement of the permit only put a restriction on the use of the property and not a taking of the property. The Supreme Court also held the California State Constitution to have standing, and upheld the ruling made by the Court of Appeals. Reasoning for Decision: I believe that the reason the Supreme Court decided as it did was that its interpretation of the California State Constitution provided for the authority of the CCCs permit regulation. The part within the states constitution says that access to any

Biography of Willa Cather, American Author

Biography of Willa Cather, American Author Willa Cather (born Wilella Sibert Cather; December 7, 1873–April 24, 1947) was a Pulitzer Prize-winning American writer who gained acclaim for her novels capturing the American pioneer experience. Fast Facts: Willa Cather Born:  December 7, 1873 in Back Creek Valley, Virginia, USADied:  April 24, 1947 in New York City, New York, USAOccupation:  Author and journalistEducation: University of Nebraska–LincolnSelected Works: My ntonia (1918), O Pioneers! (1913), Death Comes for the Archbishop (1927), One of Ours (1922)Key Accomplishment: 1923 Pulitzer Prize for One of OursFamous Quote:  There are only two or three human stories, and they go on repeating themselves as fiercely as if they had never happened before. (from O Pioneers!) Early Life on the Prairie Willa Cather was born on the farm of her maternal grandmother, Rachel Boak, in the poor farming region of Back Creek Valley, Virginia, on December 7, 1873. The oldest of seven children, she was the daughter of Charles Cather and Mary Cather (nà ©e Boak). Despite the Cather family having spent several generations in Virginia, Charles moved his family to the Nebraska frontier when Willa was nine years old. After spending about eighteen months attempting to farm in the community of Catherton, the Cathers moved into the town of Red Cloud. Charles opened a business for real estate and insurance, and the children, including Willa, were able to attend formal school for the first time. Many of the figures in Willa’s early life would appear in fictionalized form in her later novels: most notably her grandmother Rachel Boak, but also her parents and her friend and neighbor Marjorie Anderson. As a girl, Willa found herself fascinated by the frontier environment and its people. She developed a lifelong passion for the land and befriended a wide array of the area’s residents. Her curiosity and interest in literature and language led her to forge connections with immigrant families in her community, especially older women who remembered the â€Å"Old World† and who delighted in telling young Willa their stories. Another of her friends and mentors was the local doctor, Robert Damerell, under whose guidance she decided to pursue science and medicine. Student, Teacher, Journalist Willa attended the University of Nebraska, where her career plans took an unexpected turn. During her freshman year, her English professor submitted an essay she had written on Thomas Carlyle to the Nebraska State Journal, which published it. Seeing her name in print had a huge impact on the young student, and she shifted her aspirations immediately towards becoming a professional writer. While at the University of Nebraska, Willa immersed herself in the world of writing, particularly journalism, although she also penned short stories. She became the editor of the university’s student newspaper while also contributing to the Journal and to the Lincoln Courier as a theatre critic and columnist. Quickly, she gained a reputation for her strong opinions and sharp, intelligent columns, as well as for her dressing in masculine fashions and using â€Å"William† as a nickname. In 1894, she graduated with her B.A. in English. In 1896, Willa accepted a position in Pittsburgh as writer and managing editor for Home Monthly, a women’s magazine. She continued to write for the Journal and the Pittsburgh Leader, mostly as a theatre critic, while running Home Monthly. During this period, her love for the arts brought her in contact with Pittsburgh socialite Isabelle McClung, who became her lifelong friend. After a few years of journalism, Willa stepped into the role of teacher. Fom 1901 to 1906, she taught English, Latin, and, in one case, algebra at nearby high schools. During this time, she began publishing: first a book of poetry, April Twilights, in 1903, and then a short story collection, The Troll Garden, in 1905. These caught the eye of S.S. McClure, who, in 1906, invited Willa to join the staff of McClure’s Magazine in New York City. Literary Success in New York City Willa was extremely successful at McClure’s. She ghostwrote a notable biography of Christian Science founder Mary Baker Eddy, which was credited to researcher Georgine Milmine and published in several installments around 1907. Her position as managing editor earned her prestige and the admiration of McClure himself, but it also meant that she had significantly less time to work on her own writing. On the advice of her mentor Sarah Orne Jewett, Willa left the magazine business in 1911 to focus on fiction. Although she no longer worked for McClure’s, her relationship with the publication continued. In 1912, the magazine published, in serial, her first novel, Alexander’s Bridge. The novel was well-reviewed (although Willa herself would, later in life, consider it a more derivative work than her later novels). Her next three novels cemented her legacy. Her â€Å"Prairie Trilogy† consisted of O Pioneers! (published in 1913), The Song of the Lark (1915), and My ntonia  (1918). These three novels centered on the pioneer experience, drawing on her childhood experiences of life in Nebraska, the immigrant communities she loved there, and her passion for the untamed land. The novels included some autobiographical elements, and all three were celebrated by critics and audiences alike. These novels shaped her reputation as a writer who used plain but beautiful language to write thoroughly American romantic literature. Dissatisfied with her publisher’s lack of support for her novels, Willa began publishing short stories with Knopf in 1920. She would eventually publish sixteen works with them, including her 1923 novel One Of Them, which won the 1923 Pulitzer Prize for the Novel. A subsequent book, 1925’s Death Comes for the Archbishop, also enjoyed a long legacy. At this point in her career, Willa’s novels were beginning to move away from epic, romantic tales of the American prairie to stories that leaned into the disillusionment of the post-World War I era. Later Years As the 1930s rolled around, literary critics soured on Willa’s books, criticizing them for being too nostalgic and not contemporary enough. She continued to publish, but at a much slower pace than before. During this time, she received honorary degrees from Yale, Princeton, and Berkeley. Her personal life also began to take a toll. Her mother and the two brothers with whom she was closest all passed away, as did Isabelle McClung. The bright spot was Edith Lewis, the editor who was her closest companion from the early 1900s until her death. Scholars are divided as to whether or not the relationship was romantic or platonic; Willa, a deeply private person, destroyed many personal papers, so there is no certain evidence either way, but scholars of queer theory have often interpreted her works through the lens of this partnership. Willa’s personal life remained something she kept closely guarded, even after her death. Willa despaired over the coming conflicts of World War II, and she began to have issues with an inflamed tendon in her writing hand. Her final novel, Sapphira and the Slave Girl, was published in 1940 and marked a significantly darker tone than her previous works. In 1944, the National Institute of Arts and Letters awarded her the gold medal for fiction as a mark of her lifetime of literary achievement. In her final years, her health began to decline, and on April 24, 1947, Willa Cather died of a cerebral hemorrhage in New York City. Legacy Willa Cather left behind a canon that was both plainspoken and elegant, accessible and deeply nuanced. Her portrayals of immigrants and women (and of immigrant women) have been at the center of much modern scholarship. With a style that encompassed sweeping epics along with realistic depictions of frontier life, Willa Cather’s writings have become iconic pieces of the literary canon, both in America and worldwide. Sources Ahearn, Amy. Willa Cather: A Longer Biographical Sketch. Willa Cather Archive, https://cather.unl.edu/life.longbio.html.Smiley, Jane. Willa Cather, Pioneer. The Paris Review, 27 February 2018, https://www.theparisreview.org/blog/2018/02/27/willa-cather-pioneer.Woodress, James.  Willa Cather: A Literary Life. Lincoln: University of Nebraska Press, 1987.

How To Write A Good Definition Essay, with Topics

How To Write A Good Definition Essay, with Topics How to write a definition essay (Writing Guide) How to start How to write a main part How to write conclusion Outline example List of topics There are quite a number of essays that students are supposed to learn in high school and in college. Most of these skills are not just crucial for class work and exams, but rather they are also when it comes to daily activities at the place of work. As such, these are skills that go along the way into helping students tackle career chores with more ease. The definition essays tend to be long and thorough. Though it is not as popular as most of the other essays, it can prove to be a challenge. As such, where given a choice, students are advised to choose those words which have plenty to write about. This is relative to the lengthy nature of the essay and could mean that the student may run out of ideas before they can meet the length threshold. There are those words that have a definite meaning, such as book, tree or even glass among others. However, there are those that have a more abstract meaning depending on the person giving the definition. In an example, a word such as honor, love or honesty will have a personal and an academic meaning. As such, the word choice for a definition essay is crucial, relative to the determination of the amount of content a student can write about the same. The essay is written in the best choice of words for the readers to understand what the writer is trying to explain. It is important that the writ er does not use jargons to explain a word as they are trying to get the audience to understand. As such, simplicity and clarity are the keys when writing a definition essay. As such, the definition essay elicits a debate among the readers and between the readers and the writer, with regard to what the definition of a certain word is. It is important the writer is able to engage the audience in a battle to determine the true meaning of a word from a personal and academic point of view. Structure of a definiton essay Like most of the other essays, the importance of the outline cannot be underestimated. This is relative to the fact that the outline acts as the framework within which all the ideas in the essay are organized. It is also among the baselines which help the writer brainstorm on the ideas to include, check for weak links in the content development, reduce the time it takes to write the essay and refine the ideas outlay for the audience. Below is an example of what the outline of a definition essay will look like. Introduction Attention getter Thesis statement Body Body paragraph one: History and origin of the word Body paragraph two: Dictionary explanation and use of the word Body paragraph three: Personal definition Conclusion Following the definition essay outline guide stipulated above, it is crucial to understand the various aspects which go into making a good definition essay. Each of the sections on the outlines play a crucial role to help the audience engage the mind of the writer and vice versa, in the debatable explanation of what a word will mean to either of the parties. Introduction for a definition essay The introduction of the essay is crucial, as the writer uses it to help the audience connect with the debate and the ideas floated in the essay. The first part of the introduction is the attention getter. This is also referred to as the hook, as it is developed in a manner to get the attention of the readers. There are quite a number of articles that can be found online, among other mediums and thus it is upon the author to make sure they get the attention of the readers for them to engage with the article beyond the topic. The writer has to make sure they have the best start for the paper to keep the readers going further into the text. Even for the teachers, it is important that the student is able to keep them interested, which translates into better grades. Thesis The other part of the definition essay is the thesis statement. Like the attention getter, it is important for the writer to have the ability to develop a thesis statement which draws the readers to wanting to know more about the word. The trick here is to make sure the thesis statement is framed as an argument. In an example, the word patriotism does not mean that citizens have to blindly follow the values of the government, but those the nation was founded on. This creates an element of debate, where the author may argue, the sitting government does not inspire patriotism among the citizens. This is a topic likely to spark a sharp debate and makes sure the audience is eager to get to the bottom of the debate. The thesis statement in this case is clear, which means that the writers should always avoid being vague. At the same time, when writing a definition essay, the writer should ensure the thesis statement is short and precise. It also has to be a complete sentence, not just a ph rase that leaves the audience hanging, while identifying the purpose of the paper. Like an outline, the thesis statement is a guide, but one that defines the structure of the paper more than the outline does. The bottom line is that, other than the thesis statement being interesting, it should also be relevant to the debate developed in the paper. Body paragraphs The body of the definition essay articulates the debate established in the thesis statement an elaborated in the introduction. The first paragraph of the body paragraphs debates the issues regarding the history and origin of the paper. The first paragraph is associated with introducing the word to the audience and helping them to better understand the baseline of the word and what it to be discussed in the paper. The first paragraph also helps to prepare the audience for the debate in the definition essay. The second paragraph of the paper is associated with defining the word according to dictionary meaning. The author may choose to select a number of reputable dictionaries to use, in the definition of the word. The second paragraph is a section that relates to getting the meaning of the word with an academic approach. The third paragraph of the definition essay is associated with the personal definition of the word. How to write conclusion for a  definition essay The last part of the definition essay is the conclusion, where the writer summarizes the main points building the argument and then closing with an attention getter, by referring to the introduction and thesis statement. Finalizing definition essay To make sure the definition essay meets the academic and professional threshold, it is important to proofread the essay. This is to make sure there are no mistakes which could lower the integrity of the essay. When choosing the right word for the perfect essay, there are some elements to consider which include using a word that is abstract and has a complex meaning. It is important that the word is debatable and one which is familiar. The other important aspects include reading up on the dictionary meaning of the word and then researching on the origin of the word. List of topics for a definition essay: Love Success Honor Honesty Patriotism Hate Terrorism Farming Technology Laziness Cheating Marriage Relationship Family Rudeness Respect Sacrifice Boyfriend Wife Husband Girlfriend Home Fashion Beauty Privacy Rights Heroism Courage Fear Poverty Masculinity Feminism

Poverty and pollution case study Assignment Example | Topics and Well Written Essays - 1500 words

Poverty and pollution case study - Assignment Example It is the price they get to pay for the benefits of harmful investment in their countries. This document discusses human right to a clean and safe environment, justifies the moral obligations of developed countries towards third world countries for their incurred costs, and finally, recommends civil liability and taxations as pollution standards that are fair for global enforcement. Keywords: Pollution, Environmental Degradation, Third World Countries, First World Countries, Economy and Development, Pollution Control, Industrialization, Investment, Cities, Production, Costs, Price, Business, Regulations Poverty and Pollution Pollution can be categorized differently depending on its cause and impact in the societies. It has become a key sensitive area not only at the national level but also at a global governance level, with too many policies being enforced from the industrialized nations to the third world countries. Effectively, environmental law is a measure expected to preserve th e environmental pure conditions by preventing further degradation. However, its application is being taken seriously in industrialized nations unlike in developing nations, which still feel that they need the opportunity to grow before they apply the law effectively at a pace the industrialized nations have set in their nations. Air and water pollution has taken the lead in bringing serious mass destruction unlike other pollution such as noise. The authors of poverty and pollution case 7.2 address the environmental nature of Brazil’s Valley of Death area known to be highly polluted, consisting of numerous industries that emit hazardous gases, which are unhealthy for the high population density that resides and works within the area. Ethical Implications of Businesses Polluting in Third World Countries The rise of social issues in businesses can be traced back to the mid 19th century, in the so called developed nations today. At the time, their economies were very active to fo ster development through industrialization; hence numerous businesses had been set up, but the citizens’ interests and concerns had not yet been fully addressed. As of the 1960s, the Americans â€Å"saw the decay of the inner cities and growth of ecological problems such as pollution and the disposal of toxic and nuclear waste,† which caused the anti-business attitude in the society that led to establishment of Consumer’s Bill of Rights that serves to protect the rights of the consumers (Ferrell, Fraedrich, & India, 2011, p.10). Comparing them with the less developed nations, industrialization came earlier in the developed nations, hence a step away compared to the struggling third world countries. While such developed nations in the world feel the need to protect their lives and foster economic development in a safe regulated environment, the third world countries are in search of a better economy that can only be steered through more business establishments. I t is obvious that the two parties cannot perceive the issue at the same degree, considering that their priorities are quite different. Today, we have most of the populations in first world countries living in urban

Current issues in human rights - War, genocide, mass human rights Essay

Current issues in human rights - War, genocide, mass human rights violations - Essay Example ted Nations (1948), this document has provided a blueprint for the development of various international laws and criminal courts against individuals who have the high genocide responsibilities. Countries such as Serbia, Guatemala, the former Soviet Union and even Rwanda have experienced genocide in the 20th century and such crimes have been punished based on the provisions of this convention. The convention has various articles which highlight the level of responsibility of each and every country’s leadership in ensuring that genocide and crimes against humanity are prevented at all costs. For example, chapter 4 states that every individual, state or non-state actor shall be held individually responsible for abetting, financing, directly and indirectly participating and being complacent in genocide activities. Such provisions have assisted in ensuring that individuals are brought to book for allowing and participating in activities that are equivalent to genocide in different parts of the world. The international tribunal for Kosovo and Rwanda were all constituted on the premise of the genocide convention to try various cases of genocide against religious and tribal groups. This document is a conclusive documentation of the articles of the convention that has defined genocide and abuse of human rights as we know it today. Though changes have been done to the convention, the United Nations (1948) is an important document that has informed the decision of other international bodies and help in reducing incidence of abuse of human rights in the presence or absence of crisis. In the study of human rights and genocide, the United Nations (1948) provides an accurate historical encounter of how a convention that has defined international behavior of those in power was developed. This document has significantly contributed to the development of various tribunals aimed at providing justice to victims of genocide in countries such as Rwanda Kosovo where rampant human

Stock Investment Assignment Example | Topics and Well Written Essays - 4000 words

Stock Investment - Assignment Example In his article Strategies for Stock Selection, he put forward four factors to look at: markets; economic cycle; obvious risks; and company (How to Choose Stock 2006). Foremost in his recommendations is buying stocks that an investor is not only acquainted with but knowledgeable in. Peter Lynch advises that an investor should buy the stock of a company whose products are purchased by him and his social circle. He should asses if this product will continue to become popular in the future. He cautioned investors that if they can't explain what a company is doing, they should not invest its stocks. In the process of knowing a company, it is imperative that an investor also looks at the current financial position of the company by looking at the different aspects of the business with the help of financial ratios. These ratios reflect not only reflect the financial situation of a business entity but also shows the company's strengths and weaknesses in terms of numbers. Aside from gaining a deep insight on the company's operation and current financial position, an investor should also look at the company's historical performance in terms of financial ra tios and stock prices. To maximize the investment profitability, return of a stock should be compared with other stocks in the same industry (How to Choose Stock 2006). This report is an analysis of the profitability of holding Ted Baker PLC's stocks as ... t an investor also looks at the current financial position of the company by looking at the different aspects of the business with the help of financial ratios. These ratios reflect not only reflect the financial situation of a business entity but also shows the company's strengths and weaknesses in terms of numbers. Aside from gaining a deep insight on the company's operation and current financial position, an investor should also look at the company's historical performance in terms of financial ratios and stock prices. To maximize the investment profitability, return of a stock should be compared with other stocks in the same industry (How to Choose Stock 2006). This report is an analysis of the profitability of holding Ted Baker PLC's stocks as an investment. The next section will briefly introduce the company. Financial analysis will be used to ascertain the current and historical performance of the company. Competitor analysis through a thorough quantitative data will also be employed. The paper will conclude with its findings and recommendations. An appendix containing the accounts used in the financial analysis will be presented. II. Company Profile Ted Baker PLC is primarily involved in the design, manufacture, wholesale and retail of menswear, womenwear, and childrenswear and related accessories which includes skinwear, fragrances, eyewear, and watches. The company was formed by Ted Baker and J. Peterman and is a leader in the apparel and textile industry in the United Kingdom. Ted Baker PLC has 100 retail distributors in the United Kingdom. Internationally, the company's product line is sold in 600 other stores abroad (Ted Baker PLC 2006). A. Historical Performance Looking at the historical performance of the company is essential in determining trends

Blink and Entrepreneurial Mindset Essay Example | Topics and Well Written Essays - 1500 words

Blink and Entrepreneurial Mindset - Essay Example The entrepreneur can be seen as a special breed of small business owners who are concerned with living life to the fullest. They understand a bigger picture as they are discovering how their business works. Entrepreneurs are often seen as free thinkers who are always looking for new ways to express their business and who are always looking for unique ways to get their business out to the public. Experts often say that the entrepreneurial mindset is key to the entrepreneurs ability to solve problems in a unique and interesting way. In the beginning sections of Gladwells book, the reader is introduced to several new concepts. He is most interested in the concept of instinct although he does not call it instinct. He calls it the ability to understand a lot of information through a small bit of information. This information comes within the "first two seconds" (p. 8) of obtaining information. He calls this concept, "thin-slicing" and further defines it as "the ability of our unconscious to find patterns in situations and behavior based on very narrow slices of experience" (p. 23). When looking at the entrepreneurial mindset, the entrepreneur has the ability to think-slice all the time. They are constantly moving forward and gathering small bits of information in order to find new and innovative ideas. Gladwell sees intuition as important because it works before the conscious mind begins and often gives the most information these first few seconds. Gladwell also discusses the concept of rhythm in that in human relationships a natural rhythm emerges. For the entrepreneur, this rhythm acts as a second sense for the entrepreneur that allows them to provide their best service to their customers because they can determine their needs easily. Gladwell explains that thin-slicing is an automatic and instinctual way of understanding information quickly in any situation. Thin-slicing particularly happens in the first few seconds when someone