THE ROME II REGULATION - Free Essay Example

Sample details Pages: 10 Words: 2859 Downloads: 4 Date added: 2017/06/26 Category Law Essay Did you like this example? THE ROME II REGULATION 1 The Rome II regulation is an example of a European Union Regulation that concerns itself with the conflicts of law that are applicable to obligations that are not contractual. As from January 11th 2009, the Rome II regulation was able to create a set of rules that are harmonized within the European Union in regard to a law that would govern the commercial and civil matters of the members of the EU. This is in respect to non-contractual delict, tort or unjust enrichment. Don’t waste time! Our writers will create an original "THE ROME II REGULATION" essay for you Create order This regulation was formed under EC 864/2007[1]. The Rome Convention of 1980 was able to establish analogous rules that could guide the manner which contractual obligations are carried out. The Rome I regulation was able to replace the Rome Convention, in regard to the laws that are able to guide the manner in which contractual obligations are carried out. This law was applicable to all the members of the European Union, apart from Denmark[2]. The Rome II regulation was initially presented to the commission of the EU in the year 2003. On 11th of July 2007, an amended text was presented to the commission, and officially published on 31st of July 2007[3]. As from 11th of January 2009, the Rome II regulation began to be implemented. However, it applies to all obligations that arose from the 20th of August 2007. However, the document itself is silent in regard to this issue. For purposes of accommodating the various concerns that are raised by the EU parliament, the Rome II regulation came up with applicable laws on privacy and defamation that were acceptable by the members of the European Union. However, this was a difficult process, because most states could not agree on the most acceptable choice of a set of rules that could be used and applied in instances of privacy and defamation. This paper examines this concept of the Rome II regulation, and it seeks to analyze the reasons why the regulation has failed to provide a difference between conduct regulation, and the regulation of loss. The Scope of the Rome II Regulation: Article I of this regulation gives a definition of its scope. In accordance to article I, the Rome II Regulation is applicable to all non contractual issues that pertain to commercial and civil matters. This is specifically in a situation that involves the conflict of laws[4]. These conflicts of laws may arise in a situation where many nationals of different countries are involved in a conflict; hence there is a dilemma on the type of laws that should be used for purposes of solving the mentioned conflict. For example, take a hypothetical situation where a French cyclist is hurt by a British driver, in Germany. Three nations are involved in this situation that is the French, the British, and the Germans. The Rome II regulation provides guidance in the laws that will be applicable in solving the above mentioned hypothetical problem or situation. A number of issues are not covered by the Rome II Regulation, and therefore, there are certain laws and provisions which guide the manner in which disputes arising from them are solved. The issues that it does not cover includes the administrative issues, custom matters, issues dealing with revenues, or the liability of the state in regard to the various actions that it commits. Other areas that the regulation does not cover include issues dealing with marriage, relationships, succession and wills, etc[5]. This is an indication that the Rome II Regulation only involves itself with issues that are not contractual, and binding. The European Union has separate laws and regulations that are responsible for guiding the manner in which conflicts arising from contractual obligations are solved. An example of a contractual law in the European Union, is the 2004/ 18/EC public contract directive issued by the European Union. The aim of this type of law is to help in opening up of the European Union market, by ensuring a free movement of supplies, and products to the member states of the EU. This is an indication that matters touching on contract are not under the mandate of the Rome II Regulation. The central provision of Rome II regulation is found in article 4. Article 4 provides for the residual and the general rules which guide the application of the Rome II regulations. For instance, article 4 (1) of the regulations denotes that the law that shall apply when a damage occurs, is the law of the nation in which the damage under consideration has happen ed. For instance, in our hypothetical example above, three nations were involved in a dispute. That is France, Germany, and United Kingdom. The cyclist was hurt in Germany, and therefore, the laws that applied in this scenario, were the laws of Germany. This is despite the parties involved in the conflict were not the citizens of Germany. A good example of the applicability of this principle is seen in the ruling by the ruling of the German Court, in 2009. This was a case brought by a registered association in Germany, against an airline company that had its registration license in Latvia. Under this case, the German Court ruled that as in accordance to the provisions of 4 (1) of the Rome II regulation, any action of the airline company that causes a damage within a particular EU territory, then the laws of the country where the damage occurred shall be applicable, and not the laws of Latvia[6]. Through this ruling, the German Federal Court was able to apply the provisions contai ned in the Rome II regulation. However, the place of damage rule, as advocated by the Rome II regulation has two major exceptions. The first exception touches on the concept of habitual residence, whereby if the two parties to the conflict had the same habitual residence, then the laws of that state shall apply. The second exception to this rule is that if the tort that occurred is very close to another country, then the laws of the country under consideration would apply. Conduct Regulation and Loss Regulation: Rome II regulation, under article 17 introduces the concepts of conduct, and the rules of safety. This article denotes that when a judicial system is assessing the conduct of an individual, who is liable for an offence, the judicial court should consider the various laws on conduct and safety in regard to the situation under consideration. These laws under consideration should be the ones which were in place at the time the event occurred, and the place of the conflict or the tort. Symeon Symoneides explains that the Rome II regulation is inefficient in explaining this concept of the conduct of an individual[7]. This is because it leaves it to the interpretation of the interpretation of the various courts and states under consideration.[8] This is a weakness of the Rome II regulation, and this is because it fails in the harmonization of the various laws of the European Union, which was one of the major objectives of establishing this regulation. This aspect is problematic, and it may lead to a miscarriage of Justice. Take for instance, a conflict that emanates between a German Driver who is able to injure a German tourist in the region of Ireland. This type of conflict can be heard by a German court, because of the exception of the Place Rule Damage, as contained in Section 4 of the Rome II Regulation. That is, if two people share a habitual residence, then the laws of the resident country shall apply. In determining the liability of the Germa n driver who has injured a German tourist, then the court has the responsibility of analyzing the conducts of the German driver, and a fact to consider is that in Ireland, an individual has to drive on the left side of the road, as opposed to Germany, where an individual has to ride on the right side of the right side of the road. By closely looking at this situation, the German court is at crossroad at whether it is using the international law or domestic laws in solving the dispute under consideration, hence this aspect of safety and conduct is controversial in nature. However, the Rome II regulation requires that the domestic laws, in regard to safety regulation and conduct should be applied in any matter that is brought before the court. This requirement by the Rome II standard to use the local laws in the determination of the concepts of safety and conduct is not sufficient. This is because some provisions of foreign law, such as laws formed and developed by competent instit utions such as tribunals in regard to the determination of a conduct of an individual should be taken into consideration. Therefore, in the development of conduct regulation, Symeonides explains that the ROME II regulation has failed[9]. Furthermore, article 17 of the Regulation only mentions the examination of the conduct of an individual who is liable for an offence. However, this law does not provide an analysis on how to examine and evaluate the conduct of a suspect, and that of his or her victim. Examples include, whether the person under consideration was driving his car under the influence of alcohol, or if he or she was provoked, and that is the reason why they acted in a manner that they acted[10]. It is based on the weaknesses of article 17 of the Rome II regulation to precisely give a definition of the term conduct, and how to evaluate it, that the regulation fails to efficiently make a distinction between loss regulation and conduct regulation. Take an example on case s that emanates from losses, because of road damages and accidents. Compensation of losses that emanates from road accidents are not always paid by the person who committed the offence, but by the insurance agencies[11]. Based on this fact, a rule which has the responsibility of determining the law that is applicable to road accidents is of utmost importance to the insurance organizations and agencies that would be responsible for paying the losses suffered by the parties in the road accident. Article 17, of the Rome II Regulation is such kind of a law. This is because it introduces the concept of conduct, in examining whether an individual is liable for an offence or not. However, insurance companies are at a dilemma on how to examine and evaluate this concept of conduct. This is left to the laws of home countries, but a problem may arise in circumstances of habitual residence citizens, who came from a country whose transportation laws are different from the transportation laws of the country where the trial happens[12]. Article 18 is also another controversial law or principle that is stated under the Rome II Regulation, which fails to provide a clear distinction between the regulation of an individualà ¢Ã¢â€š ¬Ã¢â€ž ¢s conduct, and the regulation of their losses. This regulation denotes that an individual who has suffered losses may claim compensation directly from the insurance agents of the person who has caused the damage or the loss. This is as long as the low that regulates non-contractual obligations and the law that regulates insurance relations has a provision for this type of conduct. This regulation is advantageous in the sense that both laws that guide a particular aspect are placed under the same equal status. However, this law is controversial in the sense that it does not identify the manner in which the courts should use for purposes of determining the laws that should be used in protecting the victim[13]. For example, should the court use a law that is more advantageous to the victim, or should the court allow the victim, with the advice of his or her lawyers to determine the best law that would protect their interests. Based on this dilemma, scholar explains that the Rome II regulation has failed to provide a clear distinction between the regulation of losses and the regulation of conducts. Conduct is seen in regard to the action that the court should use in determining the best approach of solving the case. Furthermore, the regulation of losses is also seen on the dilemma in which the courts have, on the best law that they can use for purposes of protecting the interests of the victim. Furthermore, under the Rome II Regulation, it is difficult to identify and explain how to assess damages or losses. For instance, article 2 (1) of the regulation manages to identify and explain what this concept of damage is[14]. It denotes that damages or losses are consequences that are arising from unjust enrichment, tort, or even delict. Controversy lies on article 4 (1) which explains that the Rome II Regulation is only applicable to indirect consequences. This law ignores direct consequences which have the capability of causing an indirect damage. Therefore, article 4 (1) of the Regulations makes it difficult to distinguish between the direct and the indirect conducts, that can lead to a damage[15]. Because of the complexity of this situation, the Rome II regulation requires the legislations of the country that is handling the case to determine the direct and the indirect conduct, and therefore whether the action can result to a damage, and claims of compensation, in accordance to the rules of the state under consideration. Conclusion: In conclusion, the Rome II regulation fails to provide a distinction between conduct regulation and loss regulation. For instance, article 17 of this law just identifies that the courts have to analyze the conduct of an individual, while determining if he or s he is liable for an offense or not. This is ambiguous, because the regulation does not provide the mechanism that should be used for purposes of examining and evaluating the conduct of an individual, that lead to the loss or damage under consideration. Furthermore, article 4 (1) of the regulation denotes that only direct consequences can lead to the breach of the Regulation, hence kit would attract penalties. However, this law fails to identify what are these direct conducts, and it is left to the national courts to interpret them, based on the provisions of their laws. However, this is controversial in the sense that when a national court seeks to interpret the law based on the conduct of an individual in a foreign land, and the conduct under consideration directly conflicts with the laws and provision of the court involved in the trial of the defendants. This specifically applies to the parties who are habitual residents of one country, and they are being tried by their courts, in a crime committed in a foreign land. Article 18 of this law is also controversial in nature, and it does not provide a clear distinction between the regulations of the conduct, and that of the law. This is because it provides for the application of two laws, in regard to the compensation of a loss that emanates from road accidents. These laws are the non-contractual obligation laws, and the insurance laws that touch on compensation. The Rome II regulation does not identify how the courts should apply these laws, for purposes of compensating a victim, and regulating the conduct of an offender. Bibliography: A Dickson, The Rome II Regulation : the law applicable to non-contractual obligations. Updating supplement (1st, Oxford University Press, Oxford 2010) J Ahern and W Binchy, The Rome II regulation on the law applicable to non-contractual obligations : a new international litigation regime (1st, Leiden, Boston 2009) P. Rogerson and J. Collier, Colliers conflict of laws (4th, Cambridge University Press, Cambridge 2013) S Symeonides, Codifying choice of law around the world : an international comparative analysis (1st, Oxford, New York 2014) [1] A Dickson, The Rome II Regulation : the law applicable to non-contractual obligations. Updating supplement (1st, Oxford University Press, Oxford 2010) p. 44 [2] J Ahern and W Binchy, The Rome II regulation on the law applicable to non-contractual obligations : a new international litigation regime (1st, Leiden, Boston 2009) p. 26 [3] A Dickson, The Rome II Regulation : the law applicable to non-contractual obligations. Updating supplement (1st, Oxford University Press, Oxford 2010) p. 11 [4] A Dickson, The Rome II Regulation : the law applicable to non-contractual obligations. Updating supplement (1st, Oxford University Press, Oxford 2010) p. 53 [5] J Ahern and W Binchy, The Rome II regulation on the law applicable to non-contractual obligations : a new international litigation regime (1st, Leiden, Boston 2009) p. 26 [6] J Ahern and W Binchy, The Rome II regulation on the law applicable to non-contractual obligations : a new international litigation re gime (1st, Leiden, Boston 2009) p. 19 [7] S Symeonides, Codifying choice of law around the world : an international comparative analysis (1st, Oxford, New York 2014) p. 29 [8] S Symeonides, Codifying choice of law around the world : an international comparative analysis (1st, Oxford, New York 2014) p. 30 [9] S Symeonides, Codifying choice of law around the world : an international comparative analysis (1st, Oxford, New York 2014) p. 33 [10] P. Rogerson and J. Collier, Colliers conflict of laws (4th, Cambridge University Press, Cambridge 2013) p. 27 [11] P. Rogerson and J. Collier, Colliers conflict of laws (4th, Cambridge University Press, Cambridge 2013) p. 33 [12] P. Rogerson and J. Collier, Colliers conflict of laws (4th, Cambridge University Press, Cambridge 2013) p. 37 [13] P. Rogerson and J. Collier, Colliers conflict of laws (4th, Cambridge University Press, Cambridge 2013) p. 28 [14] P. Rogerson and J. Collier, Colliers conflict of laws (4th, Cambridg e University Press, Cambridge 2013) p. 42 [15] P. Rogerson and J. Collier, Colliers conflict of laws (4th, Cambridge University Press, Cambridge 2013) p. 43

Cyber Attack on RSA Security LLC - 712 Words

CYBER ATTACK ON RSA 1. BREACH: RSA Security LLC, is an American computer and network security company, and is a division of EMC Corporation. RSA is an independent company named after its co-founders Ron Rivest, Adi Shamir, and Len Adleman. The company’s headquarters is located in Bedford, Masachusetts, United States of America. Encryption and network SecurID Authentication tokens are its major products. In mid March 2011, spear phishing attack exploited an Adobe Flash vulnerability that was not patched at the time, and is considered as one of the worst attacks in 21st century. The RSA immediately reported that information stolen is related to SecurID two factor authentication products. The company has faced criticism of its approach and maintained secrecy by keeping attackers in the dark as much as possible. Later, in a conference call with analysts, RSA revealed that small groups of RSA employees were targeted through e-mail phishing displaying the title â€Å"Job Recruitment 2011† that landed in em ail-junk folder. The document is an excel sheet, resulting hackers to gain control of machines and access servers in RSA’s network. The excel sheet contained a zero-day installed through Adobe Flash vulnerability. Some hints were left when the thefts of RSA’s database mapping token serial numbers to the secret token seeds that were injected to make each one unique. 2. IMPACT : The impact of this cyber attack is,Show MoreRelatedPaper on Physical Security4674 Words   |  19 Pagesconsideration of an information or operating system of a business or organization is to have a security system that protects information, data, and integrity of the company’s sensitive information and records. If a business or company does not have adequate security, financial, sensitive, and classified information may be compromised and prone to possible viruses and malware, hacking, or at risk of a cyber-attack to the company’s data resulting in possible financial loss. If this scenario is the case,

Animal Abuse free essay sample

The Greyhound is an ancient breed of dog. It is the only dog mentioned in the Bible, and has been depicted in many ancient Egyptian paintings, dating back over 4,000 years. Greyhounds were so revered, that the Greyhounds were allowed to share their tents. In ancient Arabic countries, the birth of a son was the most important event, the second was the birth of a Greyhound. The history of dog racing can be traced back to Queen Elizabeth I in the 16th century when Greyhounds were brought over to England from Egypt, where her majesty created the first formal rules of dog coursing, naming it the â€Å"Sport of Queens†. In the 18th century, England exported the sport to America, and soon the sport was comprised of racing and gambling. In 1912, the dog racing as it is known today, was established by Owen Patrick Smith, the man who invented the mechanical lure used in today’s dog racing. The first official dog track was opened in 1919 in California, and in 1931, wagering was legalized in Florida, paving the way for the development of the Palm Beach Kennel Club. The Palm Beach Kennel Club operated permits for dog racing, which officially started in America in 1932. Unfortunately, the once grandeur and majesty of the sport is tarnished with the unethical abuse these animals endure. The definition of animal abuse is â€Å"the crime of inflicting physical pain, suffering or death on an animal, usually a tame one, beyond necessity for normal discipline. It can include neglect that is so monstrous (withholding food and water) that the animal has suffered, died or been put in imminent danger of death. † (Hill, 2005). Many Greyhounds are the subject of abuse in the racing world. The Greyhounds are subject to horrible conditions. Many people enjoy watching a good race. The anticipation of the race and the thrill of their prized dog winning would make anyone want to attend a race. But it’s what happens before and after the race that has many people up in arms over the whole dog racing scene. When the dogs are not racing, they are kept in crates stacked one on top of the other. The dogs are not exercised regularly; the only exercise they get is from racing, and a race lasts for only a few minutes. If an Greyhound is injured during practice or during the race, the dog is killed and ground up for food for the other dogs. Many Greyhounds also die during the race due to exhaustion and dehydration. It is important to address this issue because animal abuse is a crime, and most people who commit these heinous acts are never brought to justice. It is also important to understand why someone could harm an innocent animal. According to the ASPCA, there are three main reasons why someone would be cruel to animals in their article titled, Why people abuse animals. The first reason is that some people abuse animals is that they do not know they are abusing the animal. Some people just don’t think about what they are doing to the animal, and others think excessive force is necessary to maintain control of the animal. A person who hits their dog when he or she does something wrong, like poop in the house, will use excessive force to show the animal that what he or she did was bad. Other people forget to roll down a window on a hot day with the animal in the car. The second reason a person would abuse animals is that the person will do it purposefully, but not for a continuous amount of time. Young kids who throw rocks at cats or kick a dog are an example of this type of abuser. Many young children can be taught through support groups and educational programs to show how an animal feels when it is abused in such a way, and many children learn to respect animals. The third reason a person would abuse an animal is the most serious form of animal cruelty. The third reason a person would abuse an animal is for power. Many of these types of people enjoy hurting the weak and helpless animals, as it makes them feel in control. Most of these people who intentionally hurt an animal have serious psychological issues that need to be addressed. If left unchecked, these issues may lead to more serious acts of violence. According the article, most people that were mentioned in the first and second reason for animal abuse can be educated through materials, counselors and educational classes. But even with the educational classes, what most people don’t understand is the psychological effects of the abuse has on animals. All animals want is to be loved and cared for, especially dogs. Humans have breed dogs to be our companions, and are the only animal that sets out to please us. When a human abuses an animal, we lose that trust that the animal places in us. The main psychological effect abuse has on dogs can be devastating. A dog may feel threatened by any human that it comes in contact with, and the dog can turn aggressive out of fear. Other dogs are fearful and maintain their fearfulness throughout the rest of their lives. These dogs may cower away from humans, shunning away when a human has an object in their hand or hide when they hear raised voices. L. Kalef wrote an article titled Psychological effects of animal cruelty, and in the article, he talked about the effects of animal abuse in Eastern Europe. For those who have traveled to Eastern European countries, it is not uncommon to be privy to packs of dogs roaming in some of the major cities, and sometimes being aggressive out of fear, hunger or abuse have led to provoke a similar reaction by the population by way of harm and abuse. Sadly, these neglected animals are under constant scrutiny and possible attack, which has become all too common. For years, welfare activists have been speaking up for the plight of the strays and the brutal inhumane abuse and killings; but no one until now has suggested that the constant exposure of this violence may instigate other and further violent activity within the community. In other words, growing up in a society being exposed to animal abuse causes further abuse and lack of compassion. (Kalef, 2012) But there are many people who argue that dog racing is not the only animal sport that has animal abuse and that it is part of the sport. Throughout the world of animal sports, there are some instances of animal abuse. In Mexico, bullfighting is a very popular sport, where the object of the game is to kill the bull or else the Matador will be stampeded or stabbed by the bulls horns. The bulls are starved and tortured, and they meaner the bull becomes, the more entertaining the sport. Also, horse racing has had its fair share of animal abuse cases. Many Thoroughbreds that receive an injury are killed, just like the Greyhounds, and made into meat that is sold for human consumption. J. Frater wrote an article titled 10 Debated acts of animal cruelty, which outlines a few instances that can be considered animal abuse. For those who have traveled to Eastern European countries, it is not uncommon to be privy to packs of dogs roaming in some of the major cities, and sometimes being aggressive out of fear, hunger or abuse have led to provoke a similar reaction by the population by way of harm and abuse. Sadly, these neglected animals are under constant scrutiny and possible attack, which has become all too common. For years, welfare activists have been speaking up for the plight of the strays and the brutal inhumane abuse and killings; but no one until now has suggested that the constant exposure of this violence may instigate other and further violent activity within the community. In other words, growing up in a society being exposed to animal abuse causes further abuse and lack of compassion. (Frater, 2010). But to most people, that is just the way the sport is. What is someone going to do with a prized race horse that has a broken leg and can no longer race? Why take the money to fix the injury, when the owner can make money off of selling the animal for food? It’s just part of the sport. But there is one question that needs to be answered. Which side is right? The truth is both sides are right. There will always be animal abuse in sports, as well as throughout the world. We as a people will not be able to completely stop the abuse, we can just diminish the amount of animals are abused. Through the use of stricter laws and more regulations, we as humans can help the voiceless. In conclusion, though there is no one way to solve animal cruelty in the world. There will always be animal cruelty in the sporting world, but as long as we humans can educate the younger generations, the amount of cases of animal cruelty will drastically decrease. Only one can hope that the â€Å"Sport of Queens† can return once again to the grandeur and majesty that the sport once was.

Thank God for the Atomic Bomb Essay Example

Thank God for the Atomic Bomb Paper In the article by Paul Fussell â€Å"Thank God for the Atom Bomb,† Fussell illustrates his views on the dropping of the atom bomb. Within seconds of reading you understand his claim that there was justification in dropping the atom bomb. He makes this apparent with his title and with the experiences of other people. Fussell also explains the opposing side of dropping the atom bomb. However, he counter argues their claims by stating facts and the works of others to support the claims he makes. On page 665 he uses the work of two other authors, Arthur T. Hadley and James Jones. These two both share the idea that dropping the atomic bomb was useful in the war and that not dropping it would only cause more problems. Arthur T. Hadley stated, â€Å"thosefor whom the use of the A-bomb was â€Å"wrong†seem to be applying that it would of been better to allow thousands on thousands of of American and Japanese infantrymen die in honest hand to hand combat on the beaches than to drop the those two bombs.†The amount of people who died because of the atomic bomb although high is nowhere near as high as the amount of deaths that would’ve occurred if the war at continued with hand to hand combat. With the dropping of the bomb many lives were saved. Hadley goes on to say that â€Å"People holding such views do not come from the ranks of society that produce infantrymen or pilots.† The people in the upper classes didn’t lose many people in the war. Inste ad, the people who lost family members and friends were in the lower classes. This just means that its easier for the upperclassmen to see the downside to the atom bomb because they didn’t lose much. We will write a custom essay sample on Thank God for the Atomic Bomb specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Thank God for the Atomic Bomb specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Thank God for the Atomic Bomb specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The Japanese showed no intention of surrendering. Not only were soldiers risking their lives but so were women and children. Everybody in Japan was willing to die to for the war effort. E.B Sledge states, â€Å"what we had experienced [my emphasis] in fighting the Japs (pardon the expression) on Pelel

Painted Door free essay sample

1. After seven years of ever-lurking silence Ann does something she soon regrets. At the end of the story Ann says, â€Å"If you knew him though- John would try† (p. 7). So did Ann really know John? I think Ann did know John and she knew that he would come home like he always did. But I think she let herself believe what Steven continued to say which was no one would risk coming home in such a bad storm. Ann always had feelings for Steven, but they were all for the wrong reasons. So I think her act with Steven was her defiance of seven years of ‘ever-lurking silence’ with John.Ann always felt alone with John and I think she thought Steven could give her more than what John had given her, but soon after her act with Steven she realized she was wrong. Ann realized John was a man and there was nothing Steven could give her that John wouldn’t, but by the time Ann realized this it was too late. We will write a custom essay sample on Painted Door or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page 2. John was a victim of his wife’s betrayal. He was able to fight his way through the storm only because of his love and devotion for Ann. But little did John know that Ann had surrendered to the storm while he was trying to fight the storm only to come home, to see what was happening while he was gone.Before John left for his fathers, he said to Ann, â€Å"Twice a week before we were married I never missed and there were bad blizzards that winter† (p. 1). John truly loved Ann but she betrayed him which led to his death the night of the terrible storm. It was Ann’s disappointing love and actions that made John think that he was a bad husband. Which led to John going back out into the storm, he thought that with him out of the picture Ann and Steven could be happy together. Due to Ann’s and Steven’s actions John died. John was a victim- not of the snow, but of his wife’s betrayal. 3.The storm within Ann is very cold and lonely only because she feels as if John is never speaking to her and that he only cares about the farm. And that is why Ann starts to form feelings for Steven because all she see’s in Steven are the things that John doesn’t have, but what she doesn’t see is what John has that Steven doesn’t. When Ann stops struggling against the storm she feels like, â€Å"It was as if the storm had lulled, as if she had suddenly found calm and shelter† (p. 4). The cold and loneliness of the storm outside represents Ann’s inner feelings of seven years of ever-lurking silence with John.And her feelings about the warmth inside the house represent her attraction towards Steven. Ann’s feelings keep switching between hot and cold, hot for Steven and cold for John. 7. In the story there are many examples for foreshadowing. One example of foreshadowing is when John tells Ann, â€Å"No matter how it stormed. Twice a week before we were married I never missed and there were bad blizzards that winter too† (p. 1), that line foreshadows that John is going to come home even though the weather conditions are extremely bad.

House of Hades Essays - The Heroes Of Olympus, Free Essays

House of Hades Essays - The Heroes Of Olympus, Free Essays House of Hades Type of book: Fantasy, Greek mythology and Adventure Pages: 597 Author: Rick Riordan Main Characters: Annabeth: Annabeth has curly golden blonde hair and is "like a princess," as Percy describes it. She is tall, fit, and athletic. Her eyes have been described as an intense shade of gray and always have a distracted look as if she were thinking of a million things at once. Mainly because, she's the daughter of Athena. Annabeth looks like a typical California girl. She loves architecture, and spends her free time designing new buildings and visiting national monuments. Her fatal flaw is pride. She thinks she can do anything and does it well. Annabeth can be very caring but possessive of the people she loves. For example, she is very anxious of losing Percy to another girl like Rachel or Calypso. Percy Jackson: Percy is described with jet black hair and bright sea green eyes inherited to him from Posidon his father. Percy is a brave, spirited natural leader, and is willing to risk his life to save friends, family, strangers, and sometimes even enemies. He has a sarcastic and smart sense of humor. He has earned the respect of all the Olympians. Percy is somewhat short-tempered, and thus has trouble controlling his anger and will do anything to save his friends even risk his own life. This is showed when he tries to save Annabeth from Tarturas but falls in with her (Pg 3). Jason Grace: Jason Grace is described as having the features of a Roman statue, with blue eyes, blond hair and a small scar on the corner of his lip. Son of Jupiter Jason is a very serious with a moderate sense of humor. He also has a strong sense of honor and justice as shown by his great compassion. He greatly cares for his friends and family willing to risk his life to protect or help them. Jason goes to such great extents that he almost gets himself killed to save his friends. Leo Valdez: Leo is described by Jason to look like a " Latino Santa's elf," with curly black hair, dark brown eyes, pointy ears and being of normal height with a slim build. Son of Hephaestus he is good-natured, easygoing, upbeat, energetic, funny, and loves to tell jokes. Leo is intelligent and honest, and cares about his friends and family. He sometimes doesn't think before reacting and he enjoys pulling pranks on people. He frequently falls in love with any girl such as the goddess Khione and Jason sisters Thalia. For example when Thalia, Jason and Leo were in the cave alone, Leo asked Thalia if her no-dating policy was seasonal, but she ignored him. Khione herself being a snow goddess hates Leo as she can sense the fire within him and takes his compliments as insults. Piper MacLean: Piper is portrayed to be a very beautiful girl of Cherokee descent mainly because shes the daughter of Aphrodite. She is described to have dark tanned skin, chocolate brown and eyes that change color like a kaleidoscope. Piper is very convincing and has a good sense of what's right helping others who need it. There have many times where she could have betrayed her friends but never did even when her dad was on the line because she believed they would win for the good of everyone. Hazel Levesque: Hazel is African American with shoulder-length curly cinnamon brown hair and gold eyes. Hazel is outgoing with a love for creativity and horseback riding, but has dislike for boating and curses. She feels a massive amount of guilt over releasing the giant of giants. After her father Hades gave her the gift to summon minerals, she thinks it's her responsibility to bring him down. Hazel is extremely loyal to her friends and treats them as family, as shown through her friendship with Frank and Percy. Even when she gave up Elysium to go to the Fields of Asphodel so that her mother wouldn't go to the Fields of Punishment. Frank Zhang: Frank has a large and stocky frame. He is Asian-Canadian and has a babyish face with brown eyes and black short hair which, Percy states, seems out of place with his stout body and

Shakespeare's Sonnet 55 Essay Example | Topics and Well Written Essays - 1250 words

Shakespeare's Sonnet 55 - Essay Example The audience is clearly the beloved, in the first instance, as there is tender intimacy in places, and can be interpreted as a gift used to woo. But the work can be accepted as directed at a universal audience, capable of understanding the messages. This essay will examine the speaker's tone as he applies it to the themes of death and immortality, and his belief in the power of his work to transcend one and create the other. No matter that 'marble' or monuments contain the strength of stone, as the visual imagery alludes, or that 'princes' are powerful, his written word is more lasting than either. With the next two lines, the tone becomes more tender and intimate, directed at the beloved and declaring that because of those words, he too will endure. The metaphorical adjective applied to time signifies his dismissal of it; he can transcend it with love and words. The poet is saying that the beloved will never be tarnished or eroded by time, because of his love and because the verse has made him immortal. There can be little doubt of Shakespeare's intent, for he is praising the object of his love and the poem itself. 'Wasteful wars' and 'broils' (battles), 'Mars his sword', and 'war's quick fires' may destroy the strong stone edifices, but never burn or ruin "The living record of your memory." (l. 8) This 'living record' is metaphorically related to the written word, while 'memory' literally places it alive in the minds of all. The subject again is the poet's lover and his own poem. This tone is so confident, and as history shows, this was not misplaced. The Enduring Love must be included as an apparent motivating creative force. The loved one will never be forgotten, thanks to the love he has engendered, and the place he has been given in posterity by the poet. These assertions contain that tone of certainty again, supported by tenderness. There is no insincere flattery, rather the work can be seen as an honest declaration of love, designed to woo and win the heart. ".your praise shall still find room Even in the eyes of all posterity. (l. 10-11) He is telling the subject, be it the lover or the verse, that he, the speaker has made certain of this through the power of his words. Paper and pen are mightier than any destructive power, and have immortalized the person and the poem. There is tenderness in the use of the possessive pronoun, 'your' but as ever, that belongs to the sonnet and the lover; he is certain he has given eternal life to both. In dealing with death, he is full of exultant self-belief. While he accepts its inevitability, he asserts that he can, and has, overcome its power. "'Gainst death and all-oblivious enmity Shall you pace forth;" (l. 9-10), In the line that follows "the eyes of all posterity" - "That wear this world out to the ending doom." (l. 12), he is asserting that when the world ends, so long as just one person is left alive with a mind and a memory, both the words of the poet and