Thursday, September 12, 2019

The truth in lending act Research Paper Example | Topics and Well Written Essays - 1500 words

The truth in lending act - Research Paper Example Over the passage of time, lenders including the banks looked for and retrieved different kinds of exceptions that put them in a position where they could charge the consumers the fees that were not part of the APR or were not disclosed through the APR to the consumers. The egregiousness of this practice can be estimated from the fact that a lender in the case between NCAS of Delaware and the Pennsylvania Department of Banking could legally claim a certain percentage of the APR while the actual percentage of the cost of loan was considerably higher. An in-depth analysis of the TILA suggests that it has failed as an act to provide the Americans with protection against the deceptive lending practices. Case Study: Pennsylvania Department of Banking v. NCAS of Delaware This case started in Pennsylvania’s Commonwealth Court. The opinion of the trial court was taken on 31 July 2007. The opinion of the trial court did not follow a bench trial and included a decision over the pretrial motions of the defendant and the plaintiff. The plaintiff had moved for an injunction and summary judgment thus requiring the defendant to desist while the defendant decided to go for the summary judgment. On 20 March 2008, Pennsylvania’s Supreme Court gave its decision over the case between Pennsylvania Department of Banking and the NCAS of Delaware. This case includes a payday loans lender. Payday loans can be defined as short term loans that are given usually in small amounts but the interest rates charged on them are substantially high. In this case, the APR advertised by the lender was 5.98 per cent that was indeed, the loan’s APR’s accurate calculation by law (McGingley, 2013). Although this was a low rate and was reasonable, the company added an additional monthly participation fee to the rate worth $149.50 on monthly basis. Although this fee of participation does not have to be included in the APR’s calculation, yet the usury law of Pennsylvaniaâ €™s Section 3A prohibits such forms from charging fees that sum up to over 6 per cent. Nevertheless, the true borrowing cost in this case was nearly 368 per cent. Analysis and discussion The finance charge’s centrality imparts the need for accurate reflection of the loan’s true total cost by this amount. It is important that all lenders uniformly calculate this amount so that the fundamental objective of the TILA of offering a simple method of drawing a comparison between the loan costs to the consumers can be achieved. Unfortunately, however, the integrity of the APR and the finance charge has been challenged in the USA. Paradoxically, certain provisions within the TILA have played a role in challenging the integrity of the finance charge and the APR, though the actions of the Federal Reserve Board also contributed to the weakening of the system. The TILA provides for the exceptions by a limited number; excluded charges which may not necessarily be disclosed or ma de part of the stated charge of finance. This is inclusive of the fees for the preparation of documents, carrying out the surveys of property, appraisals, escrow and notary fees, insurance, and credit reports. The TILA authorized the Federal Reserve Board to develop more exceptions as it deems necessary in order to effectuate the TILA’s purposes. The Regulation Z issued by the Federal Reser

Wednesday, September 11, 2019

The History of Pan-Africanism Essay Example | Topics and Well Written Essays - 1000 words

The History of Pan-Africanism - Essay Example This was one of the greatest racial discrimination of this era, where blacks were being demoralized and oppressed on various grounds. The movement of Pan-African unity was very essential for African Americans. It helped them to identify politics, because African origin was not recognizing its people’s identity (Mayihlome, 2011). This era reduced differences between various people of Africa and supported indiscriminate "African" heritage. As a philosophy, Pan-Africanism represented an ethical system which traced origins from ancient times and promoted values of African civilization. It struggles against slavery, racial discrimination, neo-colonialism and colonialism. European slave trade was another concept used in Pan-Africanism. In past era Africans were forced for slavery from various origins and their descendants were breathing in an environment, where they were being exploited because at that time African origin became a sign of servile status. There were many differences such as political, cultural etc, but this concept of slavery was affecting people negatively. 1.2 Past scenario Africans were being treated as slaves in America, South America, and Caribbean. At this time migration of Africa (born out of the Berlin Conference of 1884 & 85) had begun. At first there was a movement of anti-slavery and anti-colonial amongst black people of Africa and the Diaspora, in the late nineteenth century. Pan-Africanism developed in these decades. Pan-Africanism had provided shelter and created unity, independence, political and economic assistance and created chronological and cultural awareness among people (Young, 2010). The ideology of pan-Africanism  was based on  self-respect  and  so-called  Africa for the Africans. Its alternative  focus was on  ethnic  gathering. It changed colonial procedures without any political power. It highlighted all the  troubles  that African peope faced in this era and aided in the foundation of nationalism (Hakim, 2007). The entire past scenario of this movement and its value is described in the following points: ROOTS Pan-Africanism comprises of rich history, which dates back to eighteenth century. It originated from the New World rather than from Africa itself. People were bound by slavery in America and the Caribbean People of Africa were looking for their ancestral homeland, with missing sense of dignity and freedom. Pan-Africanism also represented those people who were born in captivity. Prince Hall, a black cleric  within  Boston, campaigned with the assistance of 1787 people in order to replace the disputes of  black in  Africa. Another black Bostonian, Quaker shipbuilder Paul Cuffe, took matters into his own hands  and with 1815 people founded a  village  within  Sierra Leone, which British considered as a refuge for freed and led to runaway of slaves, around 1787 people.   This movement was later termed as negritude, which stood to represent blackness (Fors ter, 1994). Past glory The effect of repatriation  was arguable in America in nineteenth century and many people participated in it such as Frederick Douglass,  contested  that black Americans should be given their rights. The efforts of American Colonization Society (largely white liberals) resulted  with another slave refuge: Liberia. Former slaves were replaced  towards Africa from Caribbean and Brazil. Later, in 1930's, the ideology of negritude ("blackness"), increased among French-speaking African  scholars  in France. Those Africans who kept protecting negritude contended that characteristics of the

Tuesday, September 10, 2019

American History Questions Coursework Example | Topics and Well Written Essays - 750 words

American History Questions - Coursework Example The case occurred as a result of appointment of William as Justice of peace in Columbia. The new president (Jefferson) failed to recognize the appointment a declared it as unconstitutional. The matter was moved to Supreme Court. This case was a significant in the United States judicial system because it gave Supreme Court power to declare laws made by congress as unconstitutional (History.Com, paras.2-4) The four major innovations which advanced American ingenuity/transportation include emergence of electric vehicles. Secondly, was the emergence of satellites that control air traffic, as well as innovation of Maglev trains and smart roads (Waugh and John, p.45)? The two positive actions that Andrew Jackson’s did were voting a bill that helped to re-chartered banks such as National bank. Secondly, he successfully overcomes Carolina from nullifying tariffs law. The negative actions that Andrew Jackson executed is attacking and taking Florida by force. He signed the Indian removal act of 1830 that led to displacement and massive killing of the Indian population (Waugh and John, p.92). Among the three major battles of the Mexican American war include; the first battle of Palo Alto that took place in 08/05/1846 and was led by Alta who fighting Texas. The second war was the battle of Resaca de La Palma which took place on 09/05/1946. This battle was aimed at retreating for Monterrey. The third war-involved Monterrey which took place on September 1846 between date 21 and 24.In this battle Taylor defeated the Mexican (Waugh and John, p.84). The founders of Women rights movement and abolition include; Elizabeth Candy and antis lave movement may be compared in the sense that they both inspired women to fight against slavery. In addition, women anti-slave movements were mostly led by women provided a source of unity among women and a platform where women could

Monday, September 9, 2019

Environmental Concerns Research Paper Example | Topics and Well Written Essays - 2500 words

Environmental Concerns - Research Paper Example The main consequences of global warming will be natural disasters like floods, famines, reduction in agricultural output, glacier melting, emergence of new diseases, extinction of species etc (Sinn, 2007). The consequences of the global warming are universally recognized and hence serious efforts are made by all nations to reduce the emission of greenhouse gases especially CO2.The main participants in these efforts are governments and people. In this essay, the public policy actions regarding global warming, the participants in the policy actions, the evaluation of policy, political concerns etc are critically analyzed. The excessive emission of greenhouse gases due to manmade activities can result in accumulation of heat in the earth’s atmosphere leading to a rise in global temperature. This phenomenon is called global warming (Cline, 1992). Among the greenhouse gases, all except methane are originated from manmade activities like fossil burning or electricity generation. Thus power plants are one of the main contributors of this phenomenon. The other main contributors of greenhouse gas emissions include deforestation, burning of gasoline in the engine of vehicles, use of fertilizers in agriculture, burning of organic matter, buildings that require lot of fuels etc. Due to the serious repercussions of the global warming problem concerning both developed and developing nations, it is widely recognized that an internationally integrated approach is needed to tackle this issue. The Kyoto Protocol based on the treaty on climate change in the United Nations Earth Summit in Rio de Janeiro,1992, c alled on both the developed and developing nations to formulate local initiatives to reduce the emission of greenhouse gases in all nations irrespective of the costs involved in these efforts(Hass et al, 1992). Both the governments and people can be the participants in the national and regional programmes in this regard. The historic treaty produced by the United

Sunday, September 8, 2019

Describe and discuss Key Points of Diversity and Unity within Essay

Describe and discuss Key Points of Diversity and Unity within 'Hinduism' - Essay Example Not only does this word help a vast people affiliate themselves with the same theological faith but also does it pronounce the way to lead the perfect life on earth, given the follies and foibles life encompasses as well as the problems that people are accosted with. Again, as mentioned, Hinduism is no mere binding force that includes people from diverse backgrounds but is like a salad bowl wherein the individualities can be ascertained very easily though they appear to be part of a single entity. This is one unique feature of Hinduism and has lent unity in diversity to the religion. Lipner (2004), in his celebrated book, Hindus: Their Religious Beliefs and Practices, asserts the true meaning of Hinduism. The author is of the opinion that Hinduism as a term in the general order of terms belonging to the ‘ism’ category is unique and differs from all others in form as well as content. According to Lipner (2004), Hinduism is like a banyan tree with all its branches. The sim ile of the banyan tree has been well explained by the author when he opines that the religion is basically an amalgamation of various ancient roots and branches, essentially â€Å"polycentric† though united as well as indistinguishable at times and â€Å"macrocosmically one†. This pattern of diversity is unique and lends variety to the same. However, he has also opined that the simile of the banyan tree is not applicable from all points of views. Since a banyan tree looks the same from all angles, so the simile of the banyan tree cannot be said to be apt from all view points since in case of Hinduism the point of view changes from time to time depending on the basis on which we are trying to take a look at Hinduism as a banyan tree. A further explanation of the reason why Hinduism does not appear to be a banyan tree is because though it may be a homogenous entity since the word Hindu refers to people belonging to a single faith, however, it is also a block reality (Lip ner, 2004). Other theoreticians have also echoed the same thoughts as well as philosophies. Smith (1964) has been of the opinion that Hinduism is something that does not exist in reality given the fact that this particular word envisages encompassing so diverse a range of meanings in itself that it is but an impossible pursuit. Vertovec (2000) has interestingly noted his own interpretation of Hinduism. The author mentions that his definition of a Caribbean Hindu is not one who continually changes as per the demands of the situation but adapts to the social practices that he or she is in and also negotiates one’s position with the externalities that befall the Hindu individual. This again points out to the fact that not only in India but the world over, Hindus or followers of Hinduism have exhibited the same pattern of behavior. This natural propensity towards diversity is what sets Hinduism apart from all other reasons. Lipner (2004) has given another very interesting definit ion that Hinduism stands for a â€Å"family of culturally similar traditions†. This is indeed enough to give us initial insight into what Hinduism actually is. Of course, the homogeneity of existence among the followers of Hinduism becomes apparent. However, it also becomes clear that more than the existence of God or the convergence of religious beliefs, this is one religion that is enmeshed with the social life of the population and this is exactly

Saturday, September 7, 2019

Anthropology Essay Example | Topics and Well Written Essays - 1500 words - 2

Anthropology - Essay Example The people of the Samoan Islands share a common language – Samoan, a common culture – fa’a Samoa and an indigenous form of governance called fa’amatai.2 â€Å"Due to colonialism, the Samoa Islands and people were divided by Western powers. Today, politically the islands have two jurisdictions, the independent country of Samoa at the western half of the islands, and the territory of American Samoa comprising the islands to the east. The two regions are separated by 64km of ocean. Most Samoans are full-blooded and comprise one of the largest Polynesian populations in the world.3 Fa’a Samoa means the Samoan Way.4 Fa’a Samoa dictates how Samoans should conduct themselves. This brings out the Samoan Identity and how they should fulfill their obligations towards their families, their communities, the Church and their fellow Samoans. At the heart of the Samoan Identity is Respect, an unquestioning respect for their established institutions, their systems and their elders. Religion is a very important part of the Samoan Culture. Samoa’s motto in fact is based on religion – â€Å"Samoa is founded on God†5 Originally Samoans had a polytheistic religion. This belief is divided in to two – the Atua (non-human) and Aitu gods (human) which also include ancestor worship.6 Thus, when religious expeditions arrived in Samoa, assimilation of the new world was not met by too much resistance. Today, the main religions in Samoa include Congregational, Catholic, Methodist, Assembly of God, Seventh Day Adventist, Bahai,, the Latter Day Saints and Jehovah’s Witnesses.8 Paganism was replaced by the promise of eternal life of these new religions. But what remains is that religion plays a central part in the lives of Samoans. In Samoa, the aiga (extended family) is all important.9 Villages are composed of aiga’s and the greater

Friday, September 6, 2019

Hills Like White Elephants by Ernest Hemingway Essay Example for Free

Hills Like White Elephants by Ernest Hemingway Essay Hemingways story Hills Like White Elephants appears on the surface as a brief and unremarkable vignette written almost all in dialogue, with minimal action and an unclear final resolution, the story is actually a watershed of narrative invention and a radical shift from Hemingways usual perspective, as it is most often defined by readers and critics. As Alan Cheuse remarks in his essay Reflections on Dialogue: How Dyuh Get tEighteent Avenoo and Sixty-Sevent Street? American writers, possess an acute ability to create skeins of seemingly natural language that make up a world out of human speech (Cheuse) and also represent a special gift for create entire worlds through dialogue, as is readily manifest in Hills Like White Elephants. Hemingways style of natural language is an elementary base of his technique in Hills Like White Elephants. Another narrative strategy is that he strips away the expository writing or the direct information to the reader which would help the reader to place the action of the story in context. Rather than weigh down the narrative, Hemingway leaves his story lean and bare, primarily relying on conflict-charged dialogue between the storys two main characters. By refusing to included background information or even internal monologue on behalf of the two characters, Hemingway leaves virtually everything, even what is at issue between the girl and the American, for the reader to figure out, and this strategy includes the storys final resolution: whether or not the girl in story opts to have the couples child or whether she chooses as is the mans desire, to have an abortion. The lack of final resolution is notable enough that even critics are left to their own devices to decide what happens to finish the story and conclude the conflict between the two characters. As one scholar commented, the ending has seemed stubbornly indeterminate (Renner); however, the same critic, Renner, has forwarded a compelling theory as to how the resolution of Hills Like White Elephants can be deduced from a careful study of its narrative form, imagery, and symbolism, The conflict in the title: the burden of something unwanted a white elephant merged with the symbol of hills suggesting rich fertility extends throughout the story, forms its basic theme, and functions as an axis on which the changing attitudes and evolving conflict between the characters spins. In order to integrate the various levels of narrative along Renners theoretical lines in order to find the storys true resolution, the piece must be examined from a formal perspective with due note given to its imagery and symbolism a well as the nuances contained in the storys plentiful dialogue, (Renner) which leaves the reader able to deduce that the man in the story has indeed been sensitive to the womans situation. According to Renner, the story takes place in four distinct movements and these movements are the key components to understanding the resolution of the story. Renners distinction of the four movements follows an ascending structure of character development and character conflict: In the first movement we are shown the stereotypical passive female, not even knowing her own mind, accustomed to following a masterful male for her direction in life, the next movement illustrates the girls character development toward a dramatic realization of her own mind-her own welfare, dreams, and values; by the third movement, the girl begins to assert herself, and by the fourth and final movement, we see the result of her development toward self-realization which Renner insists reveals, also, the actual conclusion of the story, (Renner). To extrapolate a probable resolution for the conflict in Hills Like White Elephants it becomes necessary to examine the conflict which lies under the overt abortion-question of the story. If the story is, indeed, about the capitulation of the girl, then her refusal to capitulate is evident form the action of the story. When the girl says Would you please, please, please, please, please, please, please stop talking, her victory is indicated. The abortion will not be performed and the realization of her independence form the man has been attained. In this way, Hemingways story reveals a feminine point of view and a feminine dominance which is usually not associated with his fiction (Renner). Works Cited Cheuse, Alan. Reflections on Dialogue: How Dyuh Get tEighteent Avenoo and Sixty-Sevent Street? . The Antioch Review Spring 2005: 222+. Meyers, Jeffrey, ed. Ernest Hemingway: The Critical Heritage. London: Routledge, 1997. Renner, Stanley. Moving to the Girls Side of Hills like White Elephants. . The Hemingway Review 15. 1 (1995): 27+.