...I. JURISDICTIONAL STATEMENT APPELLANT LISA KAY BRUMFIEL (“Brumfiel”), appeals all Orders of Judge Pratt’s beginning with the Order applying the CAPP program through the Order Granting CLG Attorney’s fees. All orders are final (Rule 54(b)). The Appeal, subject to C.A.R. 31(c) and C. A. R. 28(a), RT=Reporters Transcript; AA: =Appendix; Ad: =Addendum (Orders attached to brief). II. STATEMENT OF ISSUES A. Whether the court erred in concluding that Brumfiel failed to state a claim under 12(b) (5); and concurrently that defendant lacked standing. B. Whether the Statute of Limitation of 1 year was tolled under the Continuing injury Doctrine in Brumfiel’s FDCPA claim. C. Whether the court erred in denying Brumfiel’s Motion to Dismiss on grounds that the Trust had standing to foreclose and denying her defenses including constitutional defense. D. Whether the Court erred Granting Plf’s Summary Judgment, where the Trustee’s status as holder was disputed as sufficient to foreclose. E. Whether the Court erred by holding that Brumfiel may not, as a non-party, challenge an assignment or agreement. F. Whether the court committed error by applying the Civil Access Pilot Program (CAPP) to Defendant’s foreclosure. G. Whether the court abused its discretion by making rulings on evidence that denied her a chance to tell her side, and withholding excess proceeds from the sale. H. Whether the plaintiff waived any deficiency judgment. 1 I. Whether the court erred by granting the CLG attorney’s...
Words: 10170 - Pages: 41
...(ISW) and the Critical Threats Project (CTP).), Jan, 2016. “If you know the enemy and know yourself you need not fear the results of a hundred battles“ –– Sun Tzu, Chinese philosopher and military strategist, around 500 BC. “Our terrorism against America is blessed terrorism.” –– Osama bin Laden (on video) “The acme of this religion is jihad.” — Osama bin Laden (Bergen, 2001, p. 41) Many have asked, “what can we do to defeat the Islamic State of Iraq and al-Sham (ISIS)? ” There have been a variety of suggestions from airstrikes, isolation , establishing a national unity government in Iraq to the feasibility of a counter-offensive using 'local' militia's and only as a last resort U.S. Boots on the ground. These are all worthy ideas; however, it is imperative to get a fundamental understanding of what has caused this problem because ISIS is growing and becoming stronger (even though current air strikes and counter-offensives have been successful). Before a decision can be made a rigorous analysis is necessary, a sociological analysis, so that the United States and the rest of the world can determine what must be done regarding ISIS and why. (Thesis): This paper will argue that the challenge of removing IS lies in our ability to understand and realize that the terror group’s appeal is not its alleged goal of a regression to the glorious past of Islam (as Armstrong put it), nor that Islam is the fundamental cause of this anomaly, but that ISIS's appeal is, as Dorsey...
Words: 20913 - Pages: 84
...Introduction “The efforts of global powers to establish a global system to create a balance of power in the world to suit their interest are the root cause of global peace, conflict & refugee crisis.” The above statement is our debate topic & we are supporting the statement. Before we present our arguments to support it, the following questions should be answered: • Who are global powers? • What is balance of power? • What is their (global power’s) interest? • What is global peace, conflict & refugee crisis? The answers to above terms will provide us clear view on the esteemed statement. The terms are discussed as follows: Global Power: There are 10 powerful countries, the 10 great powers that can rock the world. They have been ranked by their fire power & ability to shape both their regional environments and the international system as a whole; among all the world’s countries these are the ones with the most ability to affect global politics by their choices. The global power rankings are revised every year. Until 2016, the top 10 global powers are as follows: 1. United States of America 2. United Kingdom 3. Germany 4. China 5. Japan 6. Russia 7. India 8. Turkey 9. Iran 10. South Korea Balance of Power: In international relations, the posture and policy of a nation or group of nations protecting itself against another nation or group of nations by matching its power against the power of the other side. States can...
Words: 7717 - Pages: 31
...Forthcoming: 72 Fordham L. Rev. 1857 (2004) RAWLSIAN FAIRNESS AND REGIME CHOICE IN THE LAW OF ACCIDENTS Gregory C. Keating* The political philosophy of John Rawls is pregnant with implications for the tort theory. Our law of intentional and accidental physical injury is rich with the rhetoric of reasonableness and fairness, and these ideals lie at the heart of Rawls’s political philosophy. The figure of the reasonable person is central both to the law of negligence—where it serves as the master criterion of justified risk imposition—and to the law of intentional torts—where it helps to define the contours of permissible self-defense, the sensibility by which the offensiveness of contact in battery is measured, and the content of the consent given in connection with matters as diverse as The concept of contact sports and medical operations.1 reasonableness figures prominently in strict liability as well. The intentional infliction of unreasonable harm triggers liability for damages in the law of nuisance, and strict liability in general can be fruitfully understood as a form of liability applicable when the conduct which leads to accidental injury is reasonable, but the failure to make reparation for the harm done is unreasonable.2 Principles of fairness figure more prominently in the judicial rhetoric of strict products liability than economic ideas of efficient precaution and efficient insurance do.3 * William T. Dalessi Professor of Law, USC Law School. For instruction...
Words: 32629 - Pages: 131
...Ministry of Education of the Republic of Moldova State Pedagogical University “Ion Creangă” Foreign Languages and Literature Faculty English Philology Department DIPLOMA PAPER Figurative Language, Language Shaped by Imagination in Katherine Mansfield’s Short Stories Submitted by: the 4th year student Paşcaneanu Mariana Group 404 Scientific adviser: Tataru Nina Senior Lecturer Chişinău 2012 Contents INTRODUCTION 2 CHAPTER I: SHORT STORY AS A FORM OF FICTION 5 I.1.Common Characteristics of a Short Story as a Form of Fiction. Its Plot and Structure. 5 I.2. Figurative Language. Definition. Function. 9 I.3. Imagery – Language that Appeals to the Senses 11 I.3.1. Simile, Metaphor and Personification. 13 1.3.2. Symbol and Symbolism. 26 I.3.3 Allegory. 30 CHAPTER II: LANGUAGE SHAPED BY IMAGINATION IN K. MANSFIELD’S SHORT STORIES 36 II.1. Figurative Language, Symbolism and Theme in "Her First Ball": 37 II.2. Katherine Mansfield – Techniques and Effects in A Cup of Tea. 41 II.3. Literary Colloquial Style in “Miss Brill” by K. Mansfield. 49 II.3.1. Lexical features—Vague Words and Expressions 49 II.3.2 Syntactical and Morphological Features 52 II.3.3 Phonological Schemes of the Figures of Speech 55 II.4. Simplifying Figurative Language in K.Mansfield’s Short Stories 60 CONCLUSION 64 BIBLIOGRAPHY 66 APPENDIX 70 INTRODUCTION Figurative Language is the use of words that...
Words: 23312 - Pages: 94
...Foreword The Army is the primary landpower arm of our Nation’s Armed Forces. It exists to serve the American people, protect enduring national interests, and fulfill the Nation’s military responsibilities. FM 1 is one of the Army’s two capstone field manuals. It contains our vision for the Army. While the entire manual is important, I would direct your attention to four particular items. FM 1 establishes the fundamental principles for employing landpower. The most important of these are the Army’s operational concept and the fundamentals that support it. They form the foundation for all Army doctrine. All Soldiers should understand and internalize them. FM 1 describes the American profession of arms, the Army’s place in it, and what it means to be a professional Soldier. Central to this discussion are the Soldier’s Creed, Warrior Ethos, and Army Values. These three statements establish the guiding values and standards of the Army profession. To understand Soldiers, you must know about them. To be a Soldier, you must live them. FM 1 discusses Army contributions to the joint force. As the Armed Forces achieve even greater joint interdependence, the Army will depend more on the other Services and vice versa. For this reason, the Army is currently transforming its units and institutions to enhance our campaign qualities for sustained operations and to achieve greater expeditionary and joint capabilities. It is important for Soldiers and all who support or are associated with the...
Words: 27577 - Pages: 111
...Evaluating a Company’s External Environment LEARNING OBJECTIVES LO1 Identify factors in a company’s broad macro-environment that may have strategic significance. Recognize the factors that cause competition in an industry to be fierce, more or less normal, or relatively weak. Become adept at mapping the market positions of key groups of industry rivals. Learn how to determine whether an industry’s outlook presents a company with sufficiently attractive opportunities for growth and profitability. chapter 3 LO2 LO3 LO4 38 Part 1 Section B: Core Concepts and Analytical Tools In Chapter 2, we learned that the strategy formulation, strategy execution process begins with an appraisal of the company’s present situation. The company’s situation includes two facets: (1) the competitive conditions in the industry in which the company operates—its external environment; and (2) its resources and organizational capabilities—its internal environment. Charting a company’s long-term direction, conceiving its customer value proposition, setting objectives, or crafting a strategy without first gaining an understanding of the company’s external and internal environments hamstrings attempts to build competitive advantage and boost company performance. Indeed, the first test of a winning strategy inquires, “How well does the strategy fit the company’s situation?” This chapter presents the concepts and analytical tools for zeroing in on a single-business company’s external...
Words: 13240 - Pages: 53
...Second Pages PART 02 Concept and Analytical Tools 53 hou27541_ch03.indd 53 9/20/2010 10:10:11 AM hou27541_ch03.indd 54 9/20/2010 10:10:11 AM Second Pages CHAPTER 03 Analysing a Company’s External Environment Crafting and Executing Strategy: Creating Sustainable High Performance in South African Businesses Part 1: Scope and Dynamics of Strategy Part 3: Part 2: Concepts and Analytical Tools Crafting a Strategy to Create Sustainable High Performance Part 4: Executing and Aligning the Strategy What Is Strategy? Integration and Strategic Alignment The Managerial Process of Strategy Development and Implementation Concepts and Tools for Evaluating a Company’s External and Internal Environment Tailoring Strategy to Various Company Situations Organizational Performance Management Managerial Keys to Successfully Executing and Aligning the Chosen Strategy Chapter 1 Chapter 2 Chapters 3&4 Chapters 5&6 Chapter 7 Chapters 8, 9, & 10 Single Business Companies Line-of-Sight Multi-Business or Diversified Companies High Performance Organization 55 hou27541_ch03.indd 55 9/20/2010 10:10:12 AM Second Pages 56 Chapter 03 Analysing a Company’s External Environment 3.1 Introduction S outh African managers are not prepared either to steer their companies in a different direction or to alter the company strategy until they...
Words: 24737 - Pages: 99
...Jim Albert and Ruud H. Koning (eds.) Statistical Thinking in Sports CRC PRESS Boca Raton Ann Arbor London Tokyo Contents 1 Introduction Jim Albert and Ruud H. Koning 1.1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.1 Patterns of world records in sports (2 articles) . . . . . . . 1.1.2 Competition, rankings and betting in soccer (3 articles) . . 1.1.3 An investigation into some popular baseball myths (3 articles) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.1.4 Uncertainty of attendance at sports events (2 articles) . . . 1.1.5 Home advantage, myths in tennis, drafting in hockey pools, American football . . . . . . . . . . . . . . . . . . . . . 1.2 Website . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.3 Acknowledgements . . . . . . . . . . . . . . . . . . . . . . . . . Reference . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Modelling the development of world records in running Gerard H. Kuper and Elmer Sterken 2.1 Introduction . . . . . . . . . . . . . . . . . . . . . 2.2 Modelling world records . . . . . . . . . . . . . . 2.2.1 Cross-sectional approach . . . . . . . . . . 2.2.2 Fitting the individual curves . . . . . . . . 2.3 Selection of the functional form . . . . . . . . . . 2.3.1 Candidate functions . . . . . . . . . . . . . 2.3.2 Theoretical selection of curves . . . . . . . 2.3.3 Fitting the models . . . . . . . . . . . . . . 2.3.4 The Gompertz curve in more detail...
Words: 20315 - Pages: 82
...retailer, Walmart, in Canada and Mexico. Assessments of market conditions in both countries have been conducted in terms of country competitiveness, cultural, political and legal environments and the strategies used by Walmart upon entry. Tying into these international business factors, specific aspects of international economic integration, monetary systems, social responsibility and corruption have also been reviewed. While being part of one continent and a common trade bloc (NAFTA, the North American Free Trade Agreement), considerable differences between Canada and Mexico are apparent. These differences are individually analyzed on the following pages. Inevitably, they are best understood in the context of the two countries' long-standing economic and cultural ties to Walmart's home country, the United States of America. Walmart gained enormous success under its current low-price business model in both Canada and Mexico; therefore it is recommended that Walmart maintain its current strategy of delivering products at everyday low prices in both countries....
Words: 6771 - Pages: 28
...Venice and Florence in 12th Century According to the Encarta encyclopaedia the first bank to offer most of the basic banking functions known today was the Bank of Barcelona in Spain. This was founded by merchants in 1401. This bank held deposits, exchanged currency, and carried out lending operations. It also is believed to have introduced the bank check. Three other early banks, each managed by a committee of city officials, were the Bank of Amsterdam (1609), the Bank of Venice (1587), and the Bank of Hamburg (1619). These institutions laid the foundation for modern banks of deposit and transaction. Since 1500: Portuguese role ‐ explorations Dutch role ‐ explorations British role ‐ explorations Emergence of London After Napoleon defeat Bank of England – 1694 Issuance of...
Words: 7040 - Pages: 29
...HBSP Product Number TCG239 THE CRIMSON PRESS CURRICULUM CENTER THE CRIMSON GROUP, INC. Boulder Public Schools Edward Caton, a teacher in a midsize elementary school in Boulder, Colorado, hoped someday to rise through the administrative ranks to serve as a principal of his own school, but he felt that to do so, he should understand more about the position to which he aspired. This was especially important to him in terms of the control he might have over the budget, which he knew was central to real power in many organizations. In an effort to learn more about the operations of the Boulder Public Schools, he set up some informational interviews with the principals of an elementary school, a middle school, and a high school. Before making those rounds, he visited the headquarters of the Boulder School Committee to obtain background information for his interviews. BACKGROUND Mr. Caton learned that the Department of Implementation (DI) was central to the school system. It’s manager reported directly to the Superintendent of Schools. The DI was responsible for making school enrollment projections each December for the coming fiscal year (which ran from July to June). These projections were important since annual staffing needs for each school were determined by a rather complex formula that used the DI's projections as the starting point. Moreover, since personnel formed the bulk of the budget, these projections effectively determined a school's budget. Each school...
Words: 24591 - Pages: 99
...Basel Committee on Banking Supervision International Convergence of Capital Measurement and Capital Standards A Revised Framework Comprehensive Version This document is a compilation of the June 2004 Basel II Framework, the elements of the 1988 Accord that were not revised during the Basel II process, the 1996 Amendment to the Capital Accord to Incorporate Market Risks, and the 2005 paper on the Application of Basel II to Trading Activities and the Treatment of Double Default Effects. No new elements have been introduced in this compilation. June 2006 Requests for copies of publications, or for additions/changes to the mailing list, should be sent to: Bank for International Settlements Press & Communications CH-4002 Basel, Switzerland E-mail: publications@bis.org Fax: +41 61 280 9100 and +41 61 280 8100 © Bank for International Settlements 2006. All rights reserved. Brief excerpts may be reproduced or translated provided the source is stated. ISBN print: 92-9131-720-9 ISBN web: 92-9197-720-9 Contents Introduction ...............................................................................................................................1 Structure of this document........................................................................................................6 Part 1: Scope of Application .....................................................................................................7 I. Introduction.....................
Words: 153391 - Pages: 614
...The Competitive Advantage of Nations Michael E. Porter Harvard Business Review 90211 HBR MARCH±APRIL 1990 The Competitive Advantage of Nations Michael E. Porter National prosperity is created, not inherited. It does not grow out of a country's natural endowments, its labor pool, its interest rates, or its currency's value, as classical economics insists. A nation's competitiveness depends on the capacity of its industry to innovate and upgrade. Companies gain advantage against the world's best competitors because of pressure and challenge. They benefit from having strong domestic rivals, aggressive home-based suppliers, and demanding local customers. In a world of increasingly global competition, nations have become more, not less, important. As the basis of competition has shifted more and more to the creation and assimilation of knowledge, the role of the nation has grown. Competitive advantage is created and sustained through a highly localized process. Differences in national values, culture, economic structures, institutions, and histories all contribute to competitive success. There are striking differences in the patterns of competitiveness in every country; no nation can or will be competitive in every or even most industries. Ultimately, nations succeed in particular industries because their home environment is the most forward-looking, dynamic, and challenging. These conclusions, the product of a four-year study Harvard Business School professor Michael E. Porter...
Words: 13589 - Pages: 55
...Defeating the Enemy’s Will: The Psychological Foundations of Maneuver Warfare DAVID A. GROSSMAN The will to fight is at the nub of all defeat mechanisms … One should always look for a way to break the enemy’s will and capacity to resist. Brig. Gen. Huba Wass de Czege Defeating the enemy’s will. That is the essence of maneuver warfare, that you defeat the enemy’s will to fight rather than his ability to fight. But how do you defeat a man’s mind? We can measure and precisely quantify the mechanics of defeating the enemy’s ability to fight, and it is this tangible, mathematical quality that makes attacking the enemy’s physical ability to fight so much more attractive than attacking the enemy’s psychological will to fight. At some level none of us can truly be comfortable when we dwell on the fact that our destiny as soldiers and military leaders ultimately depends on something as nebulous and unquantifiable as an enemy’s “will,” and we are tempted to ignore such aspects of warfare. But somewhere in the back of our minds, a still, small voice reminds us that ultimately the paths of victory run not through machinery and material, but through the hearts and minds of human beings. So what is the foundation of the will to fight and kill in combat and what are the vulnerable points in this foundation? In short: what are the psychological underpinnings of maneuver warfare? To answer these questions, students of maneuver warfare must truly understand, as we have never understood before...
Words: 17523 - Pages: 71
