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The UK Takeover Regulation Report (Assessment)

Table of Contents Introduction The Main Argument Evidence to Support the Main Argument Counter-Argument Criticising the Counter-Argument Summation and Conclusion Bibliography Footnotes Introduction Companies engage in takeovers with the objective of increasing their value. Different nations have diverse legislations that guide or regulate takeovers. In the UK, Shikha reveals that takeover regulations take a shareholder-oriented approach.1 Indeed, shareholders reserve the right and authority to permit managers to engage in any defensive tactics for a takeover bid. In fact, in the UK legislation, the City Code on Takeovers and Mergers only comes into play when a bid already exists. In support of this assertion, Jindra and Moeller state, “ban on defensive tactics by managers in the UK makes it easier for hostile bids to succeed”.2 Hence, the existence of a bid gives room for managers to deploy less stringent regulations before the actualisation of a takeover bid. Despite this possibility, the UK still believes that its takeover regulations encourage economic growth. From this position, by reviewing the literature on hostile takeovers and considering typical takeover cases between Cadbury Plc and Kraft Food Inc., this paper argues that the UK’s takeover regulations are detrimental to its long-term economic growth and that urgent reforms are needed to address this situation. The Main Argument The link between takeover laws and economic growth is apparent upon considering the argument that any takeover arrangement, including mergers and acquisitions, focus on increasing the value of stock prices. This arrangement creates a positive image of a firm’s performance, hence attracting more investments. Asker, Farre-Mensa, and Ljungqvist support this assertion observing that corporate takeovers should serve the principal purpose of improving stock prices and the stock market performance of various businesses that are involved in takeovers through a merger or acquisition.3 However, despite the substantial stock price increment after a takeover, Erel, Jang, and Weisbach assert that the acquirers suffer negative market performance in the long-term.4 In other words, based on their implication on the long-term economic growth, takeover laws in the UK do not consider the underlying effects on the firm taking over a given organisation. Indeed, whether the acquiring firm gains more than the one taken over or the vice versa, it is apparent that financial resources flow within the UK economy, especially where such arrangements do not involve a foreign company. Nevertheless, ill-motivated takeovers are disadvantageous to long-term economic growth. This claim implies that laws in the UK should ensure that ill-focused takeovers do not occur. Misinformed takeovers that have been experienced in the UK have cost the country huge financial resources. For example, the 1996 hostile takeover worth 11.6 billion USD involving Wells Fargo and First Interstate Bancorp resulted in a merger where various company executives left followed by evidence of various accounting errors in the corporations’ accounts, which left regrettable problems to customers as Shenoy reveals.5 Amid these challenges, the UK regulations still give room for hostile takeovers. Indeed, considering the experience between Wells Fargo and First Interstate Bancorp, hostile takeovers are detrimental to long-term economic growth. The U.S. legislation constitutes an important benchmark for ensuring that takeover laws do not impair the anticipated long-term economic growth. For example, managers in the UK can deploy various defensive tactics that help in keeping away any hostile takeover bids. The use of poison pills entails one of the best approaches to accomplishing this goal. According to Anand, the poison pill dilutes any potential hostile takeover bid in case a bidder obtained higher target stocks than initially specified.6 Hence, successful deployment of the poison pill strategy to keep off hostile bids requires managers and the board of directors to have the discretion to resist any hostile takeover bid. Indeed, instead of providing a playground for a hostile bidder, it is far better if the UK takeover regulation promotes good relationships with the favoured bidders. As Gatti observes, lock-up provisions and breakup fees can help to achieve this noble concern.7 In fact, many states around the globe have adopted anti-takeover laws with the sole purpose of slowing or preventing unwanted takeovers. Get your 100% original paper on any topic done in as little as 3 hours Learn More According to Rowoldt and Starke, provisions such as the fair-price plan, managers taking control of shareholders’ interest, and eliminating voting rights for bidders unless approval from shareholders left after the takeover is made help managers in resisting any hostile takeover.8 In fact, Hasani and Liu inform how the provision of fair prices limits “a bidder’s flexibility to effect a subsequent combination after acquiring control”.9 However, the UK forbids poison pills or any managerial involvements aimed at frustrating takeover bids unless where shareholders present an approval. Takeovers seek to enhance synergies. However, Callaghan argues that they increase returns on shareholders but to the disadvantage of employees and creditors in the UK.10 For example, a merger results in the laying off of some employees, a situation that Worthy claims have consequences on their future purchasing power and hence detrimental to the UK’s long-term economic growth.11 The UK’s regulations on takeovers and mergers allow hostile takeovers to occur. Indeed, between 1990 and 2005, Armour and Skeel confirm that 0.85% of the mergers in the UK were hostile compared to 0.57% in the U.S.12 To this extent, a major argument that the UK’s takeover regulations are unfavourable to the country’s long-term economic growth emerges. This situation calls for an urgent transformation in the UK. Arguing that rules 9, 21, and 23 of the UK City Code create a scenario that increases the possibility of hostile takeovers occurring does not imply that one is anti-business. Here, the primary concern is that hostile takeovers cause short-termism, which has a detrimental impact on the UK’s long-term economic growth and hence the need for reforms to restore sanity in the UK’s takeover regulations. Considering various regulations applicable to different jurisdictions, different mechanisms may be adopted to ensure that takeovers do not interfere with a country’s long-term economic growth due to hostilities in the bidding processes. For example, Bates and Becher reveal how regulations in the U.S. permit flexibility in the bidding process by not prescribing a mandatory proposal, as witnessed in the UK.13 According to Armour and Skeel, a mandatory bid requires “bidders who acquire a large block of target shares to make an offer for all of the targeted companies’ shares”.14 This plan has the implications of dictating the price of all other shares to the extent that a bidder can only pay an equal price for every share acquired. Consequently, as Greene points out, it is likely that shareholders would not have an opportunity to sell all shares in case a given bidder acquires a company.15 This situation is disadvantageous to the long-term financial development in jurisdictions such as the UK where many takeover deals take place with target companies having no capability to deploy defensive tactics to frustrate the takeover offers. In any organisation, the management has a delegated duty from shareholders to execute a company’s affairs on their behalf. Reducing their capability to frustrate any takeovers that might have negative impacts in the future is tantamount to exposing shareholders to hostile experiences. For instance, a reduction in the share value implies that even other stakeholders, including suppliers, find business less attractive since the net flow of financial resources is reduced. The resulting impaired purchasing capability is detrimental to the UK’s long-term economic growth. Evidence to Support the Main Argument In support of the above argument, damages to the UK’s long-term economic growth are evident in the regulations’ inability to provide room for managers to take part in turning down any offensive bid through defensive tactics, yet they are the main repositories of the company’s information. The objective of such a denial is to ensure that shareholders have access to all information necessary during bidding decision-making processes. We will write a custom Assessment on The UK Takeover Regulation specifically for you! Get your first paper with 15% OFF Learn More As the true owners, Hannigan asserts that shareholders have the obligation and right to determine the future of their company.16 However, in line with Kershaw’s views, takeovers, especially through mergers and acquisitions, lead to some employees’ lay-offs and the cutting of some business lines with suppliers.17 The net effect is the reduction of the purchasing power of a significant portion of the people who initially relied on the operations of companies forming the merger for income as Liu reveals.18 Since such revenue is redistributed to the economy, in this case, the UK, any hostile bid should be avoided. The case of Cadbury Plc and Kraft Food Incorporation underlines the need for changing takeover regulations in the UK. Dulo observes, “For Cadbury plc, the Takeover Panel issued a public criticism of Kraft Food Incorporation for certain statements made by Kraft about the future of Cadbury’s Somerdale factory in the context of its offer for Cadbury”.19 In fact, consistent with this assertion, the statements failed in meeting information accuracy requirements as stated under regulation 19.1 of the UK City Code. This situation points to the need for changing the UK’s takeover regulations to allow bidders to provide additional and detailed information on takeover bid financing, including any emerging effects and implications. It is important for various boards of target corporations to state their views, including the bidders’ intentions. In fact, according to Tsagas, even the case Cadbury Plc prompted the UK’s takeover panel to consider potential areas that required alterations in the regulations.20 The case also evidences that short-term investors can proactively participate in pushing for bid acceptance without due consideration of the long-term economic implications of their actions. Kraft’s short-term investors played an active role in accepting a condition of 50 per cent plus one. Temporary shareholders bought shares after it came to public attention that an imminent possible offer was underway. According to the Companies Act of 2006 Section 983, through the voting power, as per their shareholding, such shareholders influenced the outcomes of the offers.21 As argued in the literature review section, managers in the UK have no permission to participate in tactics that may frustrate a bid unless authorised by shareholders. Consequently, according to the rules presented in the UK Takeover Code, short-term shareholders who have no sufficient experience in a firm’s performance are required to authorise managers to take such initiatives to protect them from future losses.22 However, considering the positive anticipation of the increased stock market prices, such shareholders are unlikely to do so. Nevertheless, an urgent change of the UK’s regulations on takeover and mergers is necessary to effectively manage the powers of new shareholders who buy shares just before takeover offers are made as Manne observes. For example, even without diverting from shareholder-oriented regulations, the disfranchisement of shareholders is necessary.23 This strategy can ensure that only shareholders who hold shares before an offer is announced are allowed to take part in the voting, thereby effectively contributing to an appropriate acceptance threshold in line with the UK’s economic growth plan. Counter-Argument Without the consent of shareholders, Armour and Skeel assert that managers cannot utilise defensive tactics in takeover negotiations that have a net effect of frustrating the actualisation of a bid.24 This situation raises the question of whether the UK’s takeover regulations consider the role of managers as the shareholders’ appointed agents who make decisions on behalf of their employers. Arguably, managers have better access to all critical organisational information necessary during bid negotiations. Hence, making it mandatory for shareholders to consent to the use of defensive tactics implies that managers are denied their role in making and implementing vital strategic decisions that benefit the owners of companies, which are undergoing takeovers. A possible counter-argument is that many managers fail to comply with corporate governance principles and instead engage in defensive tactics with the objective of achieving personal interest to the disadvantage of shareholders. A major counter-argument is that the UK has established mechanisms for ensuring that coercive bids do not occur. For example, as evidenced by Johnston, one can claim that the City Code on takeovers and mergers entails several written down rules and regulations that guide acquisitions in the UK.25 Not sure if you can write a paper on The UK Takeover Regulation by yourself? We can help you for only $16.05 $11/page Learn More A panel administers these rules. Armour and Skeel insist that the panel’s composition should be approved via being seconded by various members of professional communities whom the rules and regulations seek to control.26 The UK foresees a situation where disputes can arise. Therefore, it bestows the panel team with the power to respond to disputes in real-time and a flexible manner. According to Johnston, this approach differs from that of the U.S where Delaware Courts have the duty of governing takeovers.27 The UK City Code focuses on protecting the interest of shareholders during takeovers. Amid this difference, the UK takeover policies impose compulsory proposal requirements that preventing acquirers from engaging in coercive bids. This way, the UK takeover laws may be viewed as preventing the possibility of hostile takeovers that impair the country’s long-term economic growth. Criticising the Counter-Argument The counter-argument may be refuted. The UK and the U.S. have similar corporate governance systems. However, regulations on takeovers in the two jurisdictions take different routes. The U.S. Delaware system permits managers to manoeuvre by employing defensive tactics without seeking consent from shareholders. This plan works well in America, a situation that raises the question of what may be wrong with the UK adopting a similar approach in its takeover regulations. For example, through the poison pills, Deakin and Slinger assert that scenarios such as the influence of short-term shareholders on bid-offer outcomes may be avoided.28 In fact, mergers and acquisition deals are detrimental to the long-term economic growth in the UK akin to the possibility of laying off some employees and cutting links with several suppliers. This situation is worse upon considering a scenario where the acquiring firm has some hidden intentions, yet short-term investors have to give managers the authority to engage in defensive tactics aimed at frustrating a hostile bid through their share voting powers. A proposal to disfranchise short-term shareholders’ voting power faces a counterargument that they bought shares from long-term investors during the offer period. Therefore, disfranchising them erodes their rights for taking control of the affairs of their company extended to them by long-term shareholders. In other words, according to Gatti, disfranchisement negatively influences the principle of uninterrupted capital flows, hence rendering the concept of one share for one vote useless.29 Summation and Conclusion Different jurisdictions adopt diverse approaches to regulate takeovers. For example, although the U.S. adopts the Delaware system, the UK has a team that administers various regulations on takeovers and mergers. This difference exists amid the two jurisdictions having similar corporate law systems. The disparity has a detrimental effect on the UK’s system to the extent that it is more susceptible to hostile takeovers compared to America. The paper has suggested the need to curtail the possibilities of hostile takeovers in the effort to ensure that acquisitions and mergers produce positive effects to shareholders, employees, and any other parties such as suppliers. The paper has argued that takeovers should not have negative spillover effects that disadvantage all concerned parties to the detriment of the overall economic growth as witnessed in the UK. Bibliography Anand, Anita, ‘The Future of Position Pills in Canada: Are Takeover Bid Reforms Needed?’ (2015) 61 McGill LJ1. Armour, John, and David Skeel, ‘Who Writes the Rules for Hostile Takeovers, and Why?” The Peculiar Divergence of US and UK Takeover Regulation’, (2007) 95 Georgetown Law Journal 1727. Asker, John, Joan Farre-Mensa, and Alexander Ljungqvist, ‘Corporate Investment and Stock Market Listing: A Puzzle?’ (2015) 28 Review of Financial Studies 342. Bates, Thomas, and David Becher, ‘Bid Resistance by Takeover Targets: Managerial Bargaining or Bad Faith?’ (2017) 53 Journal of Financial and Quantitative Analysis 837. Callaghan, Helen, Who Cares About Financialisation? (Max Planck Institute 2013). Deakin, Simon, and Giles Slinger, ‘Hostile Takeovers, Corporate Law, and the Theory of the Firm’ (1997) 24 Journal of Law and Society 124. Dulo, Donna, ‘Unmanned Aircraft: The Rising Risk of Hostile Takeover’ (2015) 34 IEEE Technology and Society Magazine 17. Erel, Isil, Yeejin Jang, and Michael Weisbach, ‘Do Acquisitions Relieve Target Firm’s Financial Constraints?’ (2015) 70 Journal of Finance 289. Gatti, Matteo, ‘The Power to Decide On Takeovers: Directors or Shareholders, What Difference Does It Make?’ (2014) 20 Fordham Journal of Corporate and Financial Law 73. Greene, Daniel, ‘Valuations in Corporate Takeovers and Financial Constraints on Private Targets’ (2017) 52 Journal of Financial and Quantitative Analysis 1343. Hannigan, Brenda, Company Law (4th edn, OUP 2015). Hasani, Mohd, and Kai Liu, ‘A Legal Perspective of Hostile Takeover Defensive Measures in China and Malaysia’ (2014) 35 Bus LR 54. Johnston, Andrew, ‘Takeover Regulation: Historical and Theoretical Perspectives on the City Code’ (2007) 66 Cambridge Law Journal 422. Johnston, Andrew, ‘Takeovers’ in Peter Cane, Joanne Conaghan (eds), The New Oxford Companion to Law (OUP, 2008) 1152. Jindra, Jan, and Thomas Moeller, ‘Target Financial Independence and Takeover Pricing’ (2015) 38 Journal of Financial Research 379. Kershaw, David, Company Law in Context: Text and Materials (2nd edn, OUP 2012). Liu, Baixiao, ‘The Disciplinary Role of Failed Takeover Attempts’ (2016) 39(1) Journal of Financial Research 63. Manne, Henry, ‘Mergers and the Market for Corporate Control’ (1965) 73 Journal of Political Economy 110. Rowoldt, Maximilian, and Dennis Starke, ‘The Role of Governments in Hostile Takeovers-Evidence from Regulation, Anti-Takeover Provisions, and Government Interventions’ (2016) 47 Intl Rev Law Econ 1. Shenoy, Jaideep, ‘An Examination of the Efficiency, Foreclosure, and Collusion Rationales for Vertical Takeovers’ (2012) 58 Management Science 1482. Shikha, Neeti, ‘Takeover Through Scheme of Arrangement: A Changing Trend in UK’ (2013) 38 The Journal for Decision Makers 87. Tsagas, Georgina, ‘Long-Term Vision for UK Firms; Revisiting the Target Director’s Advisory Role since the Takeover of Cadbury’s PLC’ (2014) 14 Journal of Corporate Law Studies 241. Worthy, Ben, ‘Ending in Failure? The Performance of ‘Takeover’ Prime Ministers 1916-2016’ (2016) 87 Public Quarterly 509. Companies Act of 2006, ss983. The UK Takeover Code. Footnotes Neeti Shikha, ‘Takeover Through Scheme of Arrangement: A Changing Trend in the UK’ (2013) 38 The Journal for Decision Makers 87, 88. Jan Jindra, and Thomas Moeller, ‘Target Financial Independence and Takeover Pricing’ (2015) 38 Journal of Financial Research 379, 383. John Asker, Joan Farre-Mensa, and Alexander Ljungqvist, ‘Corporate Investment and Stock Market Listing: A Puzzle?’ (2015) 28 Review of Financial Studies 342, 347. Isil Erel, Yeejin Jang, and Michael Weisbach, ‘Do Acquisitions Relieve Target Firm’s Financial Constraints?’ (2015) 70 Journal of Finance 289, 295. Jaideep Shenoy, ‘An Examination of the Efficiency, Foreclosure, and Collusion Rationales for Vertical Takeovers’ (2012) 58 Management Science 1482, 1484. Anita Anand, ‘The Future of Position Pills in Canada: Are Takeover Bid Reforms Needed?’ (2015) 61 McGill LJ1, 14. Matteo Gatti, ‘The Power to Decide On Takeovers: Directors or Shareholders, What Difference Does It Make?’ (2014) 20 Fordham Journal of Corporate and Financial Law 73, 75. Maximilian Rowoldt, and Dennis Starke, ‘The Role of Governments in Hostile Takeovers-Evidence from Regulation, Anti-Takeover Provisions, and Government Interventions’ (2016) 47 Intl Rev Law Econ 1, 8. Mohd Hasani, and Kai Liu, ‘A Legal Perspective of Hostile Takeover Defensive Measures in China and Malaysia’ (2014) 35 Bus LR 54, 55. Helen Callaghan, Who Cares About Financialisation? (Max Planck Institute 2013) 32. Ben Worthy, ‘Ending in Failure? The Performance of ‘Takeover’ Prime Ministers 1916-2016’ (2016) 87 Public Quarterly 509, 511. John Armour, and David Skeel, ‘Who Writes the Rules for Hostile Takeovers, and Why?” The Peculiar Divergence of US and UK Takeover Regulation’, (2007) 95 Georgetown Law Journal 1727, 1739. Thomas Bates, and David Becher, ‘Bid Resistance by Takeover Targets: Managerial Bargaining or Bad Faith?’ (2017) 53 Journal of Financial and Quantitative Analysis 837, 839. John Armour, and David Skeel, ‘Who Writes the Rules for Hostile Takeovers, and Why?” The Peculiar Divergence of US and UK Takeover Regulation’, (2007) 95 Georgetown Law Journal 1727, 1729. Daniel Greene, ‘Valuations in Corporate Takeovers and Financial Constraints on Private Targets’ (2017) 52 Journal of Financial and Quantitative Analysis 1343, 1345. Brenda Hannigan, Company Law (4th edn, OUP 2015) 23. David Kershaw, Company Law in Context: Text and Materials (2nd edn, OUP 2012) 7. Baixiao Liu, ‘The Disciplinary Role of Failed Takeover Attempts’ (2016) 39(1) Journal of Financial Research 63, 64. Donna Dulo, ‘Unmanned Aircraft: The Rising Risk of Hostile Takeover’ (2015) 34 IEEE Technology and Society Magazine 17. Georgina Tsagas, ‘Long-Term Vision for UK Firms; Revisiting the Target Director’s Advisory Role since the Takeover of Cadbury’s PLC’ (2014) 14 Journal of Corporate Law Studies 241, 243. Companies Act of 2006, ss983. The UK Takeover Code. Henry Manne, ‘Mergers and the Market for Corporate Control’ (1965) 73 Journal of Political Economy 110. John Armour, and David Skeel, ‘Who Writes the Rules for Hostile Takeovers, and Why?” The Peculiar Divergence of US and UK Takeover Regulation’, (2007) 95 Georgetown Law Journal 1727, 1729. Andrew Johnston, ‘Takeover Regulation: Historical and Theoretical Perspectives on the City Code’ (2007) 66 Cambridge Law Journal 422. John Armour, and David Skeel, ‘Who Writes the Rules for Hostile Takeovers, and Why?” The Peculiar Divergence of US and UK Takeover Regulation’, (2007) 95 Georgetown Law Journal 1727, 1729. Andrew Johnston, ‘Takeovers’ in Peter Cane, Joanne Conaghan (eds), The New Oxford Companion to Law (OUP, 2008) 1152. Simon Deakin and Giles Slinger, ‘Hostile Takeovers, Corporate Law, and the Theory of the Firm’ (1997) 24 Journal of Law and Society 124. Matteo Gatti, ‘The Power to Decide On Takeovers: Directors or Shareholders, What Difference Does It Make?’ (2014) 20 Fordham Journal of Corporate and Financial Law 73, 132.
Was Reconstruction a success or a failure? Or was it something in between?. I’m trying to learn for my History class and I’m stuck. Can you help?

Instructions:
Please discuss the following prompt with a minimum of 450 words and 2 direct quotes from Eric Foner’s Give Me Liberty. Be sure to use parenthetical citations when quoting from the textbook.
Prompt:
Was Reconstruction a success or a failure? Or was it something in between? In your response, consider land policy, key legislation during Presidential and Radical Reconstruction, southern politics, racial and political violence, and northern “fatigue” with Reconstruction. Be sure to make clear what you mean by success and failure.
Was Reconstruction a success or a failure? Or was it something in between?

CU Fair Student Assessment Phenomenographic Study on Teachers Conceptions Essay.

Final Analysis of a Selected TestThis assignment is a culmination of the previous assignments you have completed during this course. In this assignment, you will synthesize your previous research as well as conduct research on the final element in the Code, Element 9. Element 9 states that a test user, “evaluate(s) the available evidence on the performance of test takers of diverse subgroups . . . determine(s) to the extent feasible which performance differences may have been caused by factors unrelated to the skills being assessed.” Together, the previous course assignments and this current one involving Element 9 will provide you with the data, research, and literature reviews across all nine elements of the Code to assist your decision-making process about the appropriate selection of a test.For this final assignment:Locate reviews or research related to how Element 9 applies to your selected test. If the research or reviews do not address this element in any way, then you will need to cite the references you reviewed and note that they were lacking in in addressing this element, drawing appropriate conclusions for when a test is lacking such evidence.Synthesize all of the data and information you gathered on your selected test throughout the course and identify highlights, both positive and negative, both advantages and disadvantages, according to all nine elements of the Code. See the link in the resources about the Meaning of Synthesis.Evaluate your selected test based on these data and draw a conclusion about whether it is a test that you would select, recommend, or even defend, if necessary in practice. Note: You should not merely copy and paste your earlier assignments for the final paper. Instead you will be synthesizing the research you completed for each element into a summary of that element that you will offer in support of your final evaluation. (For example, note that the technical quality element (that is, Element 5) will be only a synthesis and evaluation and not a repeat of the annotated bibliography you completed in Unit 5.)Identify the strengths or weaknesses for each element, and determine if the information about that element supports (or opposes) the use of your selected test in the field and population to be served.Incorporate recommendations about ways to improve the selected test.Review all of your evaluations for each element and recommended improvements to the test, and write an overall evaluation and determination about the use of your selected test. Would you recommend this test to a school district or business that you are employed as a consultant? Would you be able to defend the use of this test in a court proceeding?Instructions for the content of the paper are in the template located in the Resources. Write your assignment using the u09a1 Assignment Template [DOCX].Additional RequirementsYour paper should meet the following requirements:References: A minimum of nine references. These may include journal articles, literature reviews, MMY reviews, and publisher websites. At least five of the nine references must be from professional journals. It is likely and appropriate that many of these references and citations were included in one or more of your previous assignments. Alternatively, you may want to supplement your paper with current, peer-viewed journal articles you located after completing an earlier assignment. Those inclusions would also be acceptable.Length of paper: At least six pages (not including title page, abstract, or references).Note: The articles you need to complete this assignment should be available inside the library collection. In future courses, you may use the Capella library’s Interlibrary Loan service to obtain articles outside of the collection, but you should not have to use the service for this course. In the event that you cannot find articles covering a newer test edition, please refer to the List of Tests by Type document in the resources. Note which tests have been designated as acceptable for searching prior test editions.Note: Your instructor may use the Writing Feedback Tool to provide feedback on your writing. In the tool, click the linked resources for helpful writing information.ReferenceJoint Committee on Testing Practices. (2004). Code of fair testing practices in education. Retrieved from http://www.apa.org/science/programs/testing/fair-t…
CU Fair Student Assessment Phenomenographic Study on Teachers Conceptions Essay

Soil Sustainability and Creation Factors Essay

Table of Contents Sustainability Assumptions Formation of Alfisols Population Growth Rate and Soil Sustainability Sustainability Edward A. Keller defines sustainability as a deliberate effort by people to ensure natural resources are used and protected so that they can serve the community for a long time. This means that this effort should be based on the need to sustain human life and ensure the environment promotes healthy living. Therefore, sustainability is a measure aimed at ensuring natural resources do not get exploited by man’s greed and curiosity. There is a need to ensure that measures are put in place to protect resources from depletion caused by carelessness and greed to satisfy human needs. Assumptions There are various beliefs, studies, and practices that make people have different assumptions about sustainability. However, the general assumptions about this topic revolve around how people try to manage the effects of modern technology in sustaining various issues in the environment. Most people assume that the present natural resources (water, trees, and minerals) are capable of replacing themselves regardless of how they are used. This assumption makes them fail to control how they use resources and this leads to their depletion. Secondly, they assume that high consumption leads to environmental degradation and happiness. This is wrong since studies have shown that most wealthy people do not live happily and the reverse is true. Lastly, people believe that economic development is better than environmental conservation, but they forget that these issues are intertwined. Moreover, there is the need to readdress this assumption and ensure that even if people develop sophisticated technologies they should not do this at the expense of the future. These assumptions determine people’s attention and willingness to conserve the environment and ensure they use technologies that sustain resources. Formation of Alfisols Soil is a combination of various organic and inorganic substances that are found on the surface of the earth and extend some meters on its crust. Alfisols are the most common types of soil in Indianas because of the humid and semi-arid conditions created by forest covers. They are best suited for growing corn and soya beans because of their acidic conditions and have very high water retention ability that suits the production of these crops. Also, this soil is formed very fast because of the rapid decomposition process fuelled by the semi-arid conditions of this region. Population Growth Rate and Soil Sustainability Indianapolis is experiencing a very fast population growth rate that has pushed people to look for land for farming and settlement. However, the need to have houses and own land has increased the demand and the price of this resource. Large farms are being subdivided into small units that are easily affordable. This is a serious threat to food production and environmental sustainability because it will lead to subsistence farming. Besides, there will be high pollution rates and it will be very expensive to produce food. This means that Indianapolis will experience high food prices, pollution, congestion, and informal settlements if it allows its citizens to fragment their lands. Indianapolis should control land use by ensuring it establishes policies that will promote responsible zoning and planning. There is a need to regulate the price of land to ensure owners are discouraged from selling them; moreover, there should be long procedures before they are allowed to sell their land to discourage this activity.

Ernest Hemingway’s Literary Techniques

term paper help Every successful author has various writing approaches within their pieces of literature. These writing techniques are much like an artist’s signature at the bottom of a canvased masterpiece, to indicate to viewers and spectators, or in this case, readers, that a piece of work belongs to a specific creator. This added touch or flair gives individuality to their work, and sets the author apart from other writers; it provides the reader with a sense of remembrance of who the author is after reading multiple pieces of literature created by them. There are many different writing techniques in the field of literature, some being more practical, like alliteration, or use of similes, while others are more complex, such as the use of theme, symbolism, and character development. Authors use theme as a literary technique to convey their message, idea, or opinion to spark a belief, point of view or understanding into the minds of their readers. Other types of complex literary techniques include symbolism, in which writers will use an artistic approach using symbols to represent ideas, or in other forms of literary technique, character development, in which writers will create believable characters by giving the character depth and personality. The interesting part about reading literature is that no author writes the same as another. Many of these literary techniques are used in various kinds of writing, however, they are all executed in very different ways. As an example, Ernest Hemingway has a very exclusive way of carrying out his various short stories. Ernest Hemingway’s “The Killers”, “Hills Like White Elephants”, and “The Good Lion” all use theme, symbolism, and character development effectively. The theme in these three pieces of literature similarly display the struggle of social acceptance and social conformity within various cultures. These three pieces of literature also similarly display symbolism, and ambiguity, as well as how Hemingway’s characters are often defiant of what society expects. These patterns are found across all three stories, and is not only used effectively, but is also characteristic to Hemingway’s style of writing. One of the many ways that Hemingway executes literary techniques within his short stories is through his common theme that displays the struggle of social acceptance and social conformity within various cultures. This theme is found within all three pieces of literature, “Hills Like White Elephants”, “The Good Lion”, and “The Killers”. Within “Hills Like White Elephants” the theme of seeking social acceptance is very clear. This story is about a young man and woman travelling in Spain for a very specific operation that is never outwardly mentioned what the operation is, however, it is assumed this procedure they are travelling for is an abortion. “Ernest Hemingway’s ‘Hills Like White Elephants’ is suited to a psychoanalytic perspective criticism and is the most effective, as it contains hidden, deeper meaning which the author had represented in this piece, by explicating the text to explore themes of choices, plot, setting and imagery, and essentially abortion” (Essay about Heart of Darkness: Psychoanalytic Criticism). This story is certainly set in a different time period, for it was written in 1927; it was written in a time period when abortion was not an accepted operation by society, as well as premarital pregnancy. The couple in this story are not married, and one may assume the couple also desires to keep the abortion a secret, because of it being a premarital pregnancy, and because the operation of abortions are taboo, especially for the time period. One can also assume that the couple wants to keep the pregnancy and the abortion a secret because of their travelling. The story is set in Spain where the couple are waiting to get aboard a train to get the operation. This is perhaps an underrated part of the story, that actually gives the theme more support. The couple are travelling to proceed with this procedure far from home, so that no one around them will ever know about the pregnancy or the procedure at all. They desire to keep this a secret because they want to maintain their reputations; they desire to be socially accepted, and to do that, they go through extreme measures to ensure that they are conformed to what is expected from society. Although this next short story was written for children, “The Good Lion” is another example of how Hemingway uses theme to display the desires of his characters to gain social acceptance. The lion in this story is not like other lions. This lion eats pasta, and other kinds of human food. Other lions threaten to kill the good lion, and in the process, pressure him to conform to what was socially acceptable within his sect of life, among the other lions. Hemingway writes throughout the story “that we love [the good lion] because he was so good” (The Good Lion, Holiday 9). The good lion criticizes the lions that eat raw meat and hunt their prey in the jungles of Africa, but at the end of the story, he conforms to be just like the “bad lions” described in the story. “He is, of course, even worse than the bad lions in the jungle, since they, at least, are not hypocrites” (HEMINGWAY’S HEMINGWAY PARODIES: THE HYPOCRITICAL GRIFFON AND THE DUMB OX). “The Good Lion” displays how peer pressure to conform to society’s expectations effects behavior and may even change one’s identity. Hemingway’s “The Killers” is a different kind of story, yet still one that shares the theme of social acceptance, just perhaps in a different perspective. This short story is about two hitmen seeking to kill an old man named Anderson. The protagonist, and arguably the hero of this story, Nick Adams warns Anderson of his fate, in hopes to save him; surprisingly, Anderson is unphased, and accepts his fate. “”Ole is passive and deterministic; in his refusal to act, he accepts that death is imminent […]” (The Killers 37). The theme of this story is slightly different than the idea of social acceptance of oneself within society; the theme of this story is the social acceptance of death, and the inability to escape fate, or death. The majority of society as a whole have fears about death and dying, and this story goes against this idea. Another one of the many ways that Hemingway executes literary techniques within his short stories is through his common use of symbolism and ambiguity. In Hemingway’s “Hills Like White Elephants”, many believe that the undiscussed topic throughout the story is about abortion, and how the woman feels about it in contrast to the man. The reader can get a sense of the woman’s feelings and how she desires to keep the baby, while the man selfishly pushes the woman to get the procedure done. One may assume the couple in the story are discussing an abortion through their dialogue. The man says, “It’s really an awfully simple procedure […] We’ll be fine afterward. Just like we were before […] That’s the only thing that bothers us. It’s the only thing that’s made us unhappy” (Hills Like White Elephants 203). This is a very ambiguous, taboo story, “[that becomes] a work of irony spanning generations of determined readers desperate to find meaning within its ambiguous void” (Sequence of “It”: Explicating the Riddle of Ambiguity in Hemingway’s “Hills Like White Elephants”). Hemingway tells the story and creates dialogue between the characters without ever giving away what the story is actually about, leaving many grey areas left for interpretation of the reader. Hemingway does this through providing metaphors and symbolism, without actually straightforward telling the story. Even the title of the short story, “Hills Like White Elephants” symbolizes pregnancy. However, because of the saturation of symbolism within this story, the plot’s message is not completely clear and has many layers of ambiguity that are meant to be left a mystery for readers to ponder on and interpret for themselves. “The Good Lion”, written by Hemingway, also has some ambiguous meanings. One prominent interpretation could be the conflict between morals of oneself, and the battle between good and evil. As for “The Killers”, written by Hemingway, some suggest that there are deeper interpretations of what this story actually is supposed to be about, such as Hemingway’s experience in World War I. Once again, Hemingway portrays his characters, as well as the story’s plot in a manner that leaves a lot of ambiguity, and room for many different interpretations of the true meaning. “’The Killers.’ In particular, dominant realist readings of ‘The Killers’ as a story of Chicago gangsters and the adolescent Nick Adams’s moral education have failed to recognize the text’s deep internal contradictions and absurdities, which point toward its secret representation of an entirely different scene of psychic and historical reality. Circumstantial but compelling archival evidence supports a radical re-reading of Hemingway’s classic story based not on things left out but on things cryptically inscribed on the surface of the text in the form of the rebus. When deciphered, the text’s secret inscriptions locate the ‘other’ scene of ‘The Killers’ in Hemingway’s experience in World War I, and identify the text as a remarkable experiment in modernist form” (Ham and Eggs and Hermeneutics: Re-reading Hemingway’s ‘The Killers’). “The Killers” as well, has a rather ambiguous ending leaving readers to wonder what exactly happens next after Nick Adams attempts to save the day, and Anderson refuses. Does Anderson die? Did he change his mind? That’s up for the readers to decide. Another way that Hemingway executes literary techniques within his short stories is through his commonly defiant characters. Hemingway’s characters are often defiant of what society expects, and portrays the overall message that not everything may be as it seems. This is proven in all three pieces of literature. In “Hills Like White Elephants”, Hemingway’s characters in this short story, are a couple about to go through an abortion. This is not at all what readers from this time period, or even readers reading this piece now would expect. The plot of this story is completely against what society expects out of the story. The dialogue seems lighthearted, making it even more unexpected that the plot of this story was about something so dark, and secretive. In “The Good Lion”, Hemingway once again creates a character that is defiant of what society expects. The good lion, the protagonist in this short story, does not behave like a normal lion. He is a good lion, acts proper, and criticizes other lions for their diets. In “The Killers”, the ending is again, unexpected and the characters are defiant of what society expects. In this story, Hemingway proves this to be true when Anderson, the man that’s fate will soon be murder, behaves calmly and gladly accepts his fate without hesitation, which is not the happy ending that readers expect. Instead first time readers are hoping for an alternative ending, such as the hero, Nick Adams coming to the rescue to save Anderson’s life. Hemingway shows readers that life is not always happy endings. There are many different writing techniques in the field of literature, some being more practical, like alliteration, or use of similes, while others are more complex, such as the use of theme, symbolism, and character development. Authors use theme as a literary technique to convey their message, idea, or opinion to spark a belief, point of view or understanding into the minds of their readers. Other types of complex literary techniques include symbolism, in which writers will use an artistic approach using symbols to represent ideas, or in other forms of literary technique, character development, in which writers will create believable characters by giving the character depth and personality. The interesting part about reading literature is that no author writes the same as another. Many of these literary techniques are used in various kinds of writing, however, they are all executed in very different ways. As an example, Ernest Hemingway has a very exclusive way of carrying out his various short stories. Ernest Hemingway’s “The Killers”, “Hills Like White Elephants”, and “The Good Lion” all use theme, symbolism, and character development effectively. The theme in these three pieces of literature similarly display the struggle of social acceptance and social conformity within various cultures. These three pieces of literature also similarly display symbolism, and ambiguity, as well as how Hemingway’s characters are often defiant of what society expects. These patterns are found across all three stories, and is not only used effectively, but is also characteristic to Hemingway’s style of writing. These pieces of literature written by Hemingway have messages coiled up within them, left for the reader to interpret, in a way that is relatable and personal to them. Many of these underlying messages within Hemingway’s writings hit close to home. Some of these include navigating social acceptance, and peer pressure, as well as accepting the fears of life, like the bluntness of the inability to escape death. These pieces of literature, along with others written by Ernest Hemingway are memorable because these issues are relatable and still effect readers today. Works Cited Booth, Philip. “Hemingway’s ‘The Killers’ and Heroic Fatalism: From Page to Screen (Thrice).” Literature-Film Quarterly, vol. 1, 2007, p. 404., EBSCOhost, search.ebscohost.com/login.aspx?direct=true

Family Perspective & Involvement

Family Perspective & Involvement.

Purpose: The purpose of this assignment is to interpret the influences of Section 504 of the Vocational Rehabilitation Act on families of children with special needs.Directions:
Given what you have learned from the required readings and videos, you will be demonstrating knowledge on the major differences and similarities between developing an IEP and a 504 Plan.
You may use the iBrainstorm App or any similar application to interpret and display your understanding of the differences and similarities between these two plans. (Links to an external site.)

You must use 3 different sticky notes; one displaying differences of developing an IEP, one displaying differences of developing a 504 plan, and one showing the similarities between both plans.
Once done, save your work as a photo.
Upload your photo to the assignment dropbox.SECOND ASSIGNMENThttps://www.nea.org/assets/docs/PB13_CulturalCompe… (Links to an external site.) (cultural competence brief)

http://www.couragerenewal.org/9-best-teaching-practices-for-cultural-competency/ (Links to an external site.) (cultural competency best practices)

https://www.mbaea.org/media/documents/Young_Children__Sept_2009_Partnerin_D7536CF6133CB.pdf (Links to an external site.) (partnering with families of children with special needs)

https://iris.peabody.vanderbilt.edu/module/clde/challenge/#content (Links to an external site.) (cultural and linguistic differences in students)

https://www.naeyc.org/sites/default/files/globally-shared/downloads/PDFs/resources/position-statements/PSDIV98.PDF (Links to an external site.) (Linguistic and cultural diversity position statement; NAEYC)Purpose: Parents of children with disabilities typically experience more stress than families who do not have children with disabilities. The purpose of this assignment is to analyze how some of these perceptions and barriers affect family involvement.Directions:
Visit the following website: IRIS Website (Links to an external site.)Links to an external site.

Go through the module.
On a word document, complete the following questions: (If you experience difficulty, go back and review the Perspectives and Resources pages in the Module).

What is a secondary transition?
Why is it important for school personnel to help students plan for post-school transitions?
List and describe the five components of the Taxonomy for Transition Programming.
Explain why self-determination is important for students with disabilities.
Read:Jessica is a rising ninth-grade student who has a physical and intellectual disability and uses a wheelchair. Imagine you are Jessica’s general education teacher and a member of her IEP team. As part of her annual review meeting, Jessica and her team discuss her post-secondary plans. Following is some of the information the team learns during the meeting.

Strengths:

Capable student who works hard to get passing grades
Loves the computer and catches on quickly to games and computer programs

Short-term goals:

Ride the school bus to and from school (currently, parents transport her)
Spend more time with friends

Post-school goals:

Get a job in a hospital or somewhere she can help sick people (as long as she doesn’t have to read much)
Live on her own or with a roommate

Areas of need:

Doesn’t like to read and often doesn’t remember things she does read

Additional information: Her parents state that she has never talked with them about her post-school goals, and they always assumed she would live with them.

For each of the components of the Taxonomy for Transition Programming, recommend one or two actions you as the teacher can take to help Jessica reach her goals. Explain your responses.

Components of Taxonomy for Transition Programming
Actions and Explanations

Program Structure

Student-Focused Planing

Student Development

Family Involvement

Interagency Collaboration

Family Perspective & Involvement

Seven Step Forecasting Game Plan Discussion

Seven Step Forecasting Game Plan Discussion.

There is a short answer question. I just need a 150 – 200 word short answer.-For each of the steps in the “Seven Step Forecasting Game Plan” for forecasting, discuss the following:Who do you suspect is being included in creating each step of the various company forecasts?Why? Why not? Be specific about the various players and the reasons they might be involved.As with previous discussion posts, the strongest posts (and replies) include real world references to outside material/articles (properly APA/MLA cited), are submitted on time, are grammatically correct, and are free from typos and errors.
Seven Step Forecasting Game Plan Discussion

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