The 7 Deadly Sins and 7 Cardinal Virtues - 2779 Words

The 7 Deadly Sins and 7 Cardinal Virtues ======================================== Overview -------- The Seven Deadly Sins, also known as the Capital Vices or Cardinal Sins, are a classification of vices that were originally used in early Christian teachings to educate and instruct followers concerning (immoral) fallen mans tendency to sin. The Roman Catholic Church divided sin into two principal categories: venial, which are relatively minor, and could be forgiven through any sacrament of the Church, and the more severe capital or mortal sins, which, when committed, destroyed the life of grace, and created the threat of eternal damnation unless either absolved through the sacrament of confession, or otherwise forgiven†¦show more content†¦Substance abuse or binge drinking can be seen as examples of gluttony therefore. The penitents in the Purgatorio were forced to stand between two trees, unable to reach or eat the fruit hanging from either, and were thus described as having a starved appearance. == Greed (Latin: avaritia) Synonyms: Greed (treachery, covetousness) Greed is, like Lust and Gluttony, a sin of excess. However, Greed (as seen by the Church) applied to the acquisition of wealth in particular. Thomas Aquinas wrote that Greed was a sin against God, just as all mortal sins, in as much as man condemns things eternal for the sake of temporal things. In Dantes Purgatory, the penitents were bound and laid face down on the ground for having concentrated too much on earthly thoughts. Avarice is more of a blanket term that can describe many other examples of sinful behavior. These include disloyalty, deliberate betrayal, or treason, especially for personal gain, for example through bribery. Scavenging and hoarding of materials or objects, theft and robbery, especially by means of violence, trickery, or manipulation of authority are all actions that may be inspired by greed. Such misdeeds can include Simony, where one profits from soliciting goods within the actual confines of a church. == Sloth (Latin: acedia) Synonyms: Sloth (laziness, sadness, apathy) More than other sins, the definition of Sloth has changed considerably since its original inclusion among The Seven Deadly Sins. ItShow MoreRelatedThe Vocation of the Business Leader: A Reflection15551 Words   |  63 Pagesencyclical Caritas in Veritate. Underlying both meetings is the Church’s ï ¬ rm conviction that every Christian is called to practice charity in a manner corresponding to his vocation and according to the degree of inï ¬â€šuence he wields in the polis (CIV 7). , Business men and women, university professors, and experts on the subject contributed to â€Å"Caritas in Veritate: The Logic of Gift and the Meaning of Business† in an innovative way. Their discussions centered on a volume of texts, previously preparedRead MoreMarketing Mistakes and Successes175322 Words   |  702 Pages—11th ed. p. cm. Includes index. ISBN 978-0-470-16981-0 (pbk.) 1. Marketing—United States—Case studies. I. Title. HF5415.1.H37 2009 658.800973—dc22 2008040282 ISBN-13 978-0-470-16981-0 Printed in the United States of America 10 9 8 7 6 5 4 3 2 1 PREFACE Welcome to the 30th anniversary of Marketing Mistakes and Successes with this 11th edition. Who would have thought that interest in mistakes would be so enduring? Many of you are past users, a few even forRead MoreLogical Reasoning189930 Words   |  760 Pagesbook that is sold to students). (3) No Derivative Works You may not alter, transform, or build upon this work. An earlier version of the book was published by Wadsworth Publishing Company, Belmont, California USA in 1993 with ISBN number 0-534-17688-7. When Wadsworth decided no longer to print the book, they returned their publishing rights to the original author, Bradley Dowden. The current version has been significantly revised. If you would like to suggest changes to the text, the author would

Analysis Of The Mental Health Nurse Program - Myassignmenthelp.Com

Question: Discuss about the Analysis Of The Mental Health Nurse Program. Answer: Nursing is denoted as a noble profession in which professionals provide direct care to the patients for achieving consequential outcomes. Grounded in this dignified profession, areas of practice that have particular focus have emerged nursing specialities. Nursing specialisation focuses on nursing practice in a particular field within the vast domain of professional nursing. Each nursing speciality has a discreet speciality scope of practice along with defined standards of professional practice (Townsend Morgan, 2017). The present essay discusses and analyses the scope of practice and professional attributes differentiating the speciality nursing area of mental health nursing practice. The essay aims at identifying the additional education and training needed for moving from novice to expert in this field. The NMBA competencies for registered nurses are referred to for this purpose. Mental health nurses in Australia are at present taking the lead in addressing the diverse patient needs in the country. Nurses working in the mental health field are known to discover a diverse range of exciting role and ever-changing responsibilities. Mental health nursing is one of the different specialised branch of nursing that entails specific sets of skills, knowledge and attitudes focusing on the care of individuals with mental health concerns (Edward et al., 2015). Mental health concerns include mood disorders, anxiety, depression, eating disorders, schizophrenia, psychosis and drug use. Mental health nurses are to address needs of clients suffering from these conditions. As per the reports of World Health Organisation, one in four people have chances of suffering mental disorder at some point in time. Therefore the increased need for mental health nurses is felt across countries, including Australia (Fortinash Worret 2014). If a professional has an undergraduate degree in nursing, registration can be done for the person as a nurse after which one can work in the majority of the mental health settings. Nevertheless, for becoming a consultant mental health nurse, one needs to complete postgraduate study in the same field at Graduate Diploma or Masters Level. Specialist mental health nurses might also complete additional training in particular therapies. There is high demand for mental heath nurses across Australia (Daly et al., 2017). The scope of practice of mental health nurses in Australia involves an extensive range of functions, roles, accountabilities, responsibilities, innovations, modalities, creativities and activities. The practice is based on the process of ethical decision making. Mental health nurses are supposed to work across the diverse clinical and service settings in metropolitan, regional, rural and remote areas. The diversity in practice is basic to the prevention of physical health complications, promotion of mental health, prevention of mental illness, and provision of therapeutic interventions (Wilson et al., 2017). As highlighted by Mrtensson et al., (2014) mental health nurses are to work in the community and health care settings as a crucial member of a continuum of care teams who is responsible for providing ongoing care emphasised on recovery through support and treatment. Within a hospital, one might work in a psychiatric ward, outpatient unit, psychiatric intensive care unit, speciali st unit. In the community, one might work at a GP surgery, community health care centre, patients own home and prison. They are responsible for supporting clients and family members at the time of life crisis and periods of transitions. Educating patients on maintenance and restoration of mental health is also a key job. The nursing workforce has to be responsive and flexible and must be in a position to work with clients across the lifespan (Stevens et al., 2013). According to Cleary et al., (2017) mental health nurse is to work with individuals coming from different cultures, socioeconomic backgrounds and religions. Professionalism and collaboration are at the core of mental health nursing practice. Advocacy also holds a prime position in such practice as mental health conditions are marginalised and stigmatised in our communities. Hurley et al., (2016) explained the personal characteristics and skills needed by a professional to become a successful mental health nurse. Personality and communication skills are elementary in mental health nursing. One also needs to have adequate knowledge about mental health problems and the process of applying it in practice. One needs to be engaging and warm in nature, as empathy and affection are to be shown while communicating with patients. Skills include the ability to offer advice, good judgement and problem solving ability. One also needs to have the right values and behaviours for becoming a mental he alth nurse. Practice is to be guided by the 6Cs; care, compassion, competence, courage, commitment and communication (Wand et al., 2016). The national competency standards for the registered nurses, outlined by the Nursing and Midwifery Board of Australia (NMBA), are the fundamental standards of competency that act as the framework for guiding nursing practice in the country. A mental health nurse is to advise by these standards which focus on professional practice, critical thinking and analysis, coordination of care, and collaborative and therapeutic practice. According to these standards, a nurse is to fulfil the ethical, legal and professional responsibilities that demand protection of patient rights. A nurse is to relate to professional development and integrate evidence-based practice. The care provided by them must include proper planning, implementation and evaluation of care. Lastly, a nurse must establish, sustain and conclude the therapeutic relationship with the client in collaboration with a multidisciplinary team (nursingmidwiferyboard.gov.au, 2012). In Australia, mental health nurses are not endorsed by the national registration guidelines. Thus, the sole and nationally consistent way of recognizing a mental health nurse is through the Australian College of Mental Health Nurses (ACMHN) Credential for Practice Program. The ACMHN Standards of Practice for Australian Mental Health Nurses 2010 are highlighted by a number of primary values. These include working in settings in collaboration and corporation with the stakeholders, acknowledging the preferences of the client, recognising rights of patients, utilising evidence base for practice and enabling a culturally safe care delivery (Happell Platania-Phung, 2017). At the end of the discussion, it can be concluded that mental health nurses are to provide support and care to individuals suffering from mental health conditions. The care revolves around helping the individual recover from illness and comes to terms with life with a positive outlook. As a mental health nurse, the particular job role would depend on the setting and specialist group to work with. There is increasing opportunity for mental health nurses in Australia at present. This speciality practice area would gain prominence in the future. References Cleary, M., Lees, D., Molloy, L., Escott, P., Sayers, J. (2017). Recovery-oriented Care and Leadership in Mental Health Nursing.Issues in Mental Health Nursing,38(5), 458-460. Daly, J., Speedy, S., Jackson, D. (2017).Contexts of nursing: An introduction. Elsevier Health Sciences. Edward, K. L., Warelow, P., Hemingway, S., Hercelinskyj, G., Welch, A., McAndrew, S., Stephenson, J. (2015). Motivations of nursing students regarding their educational preparation for mental health nursing in Australia and the United Kingdom: a survey evaluation.BMC nursing,14(1), 29. Fortinash, K. M., Worret, P. A. H. (2014).Psychiatric Mental Health Nursing-E-Book. Elsevier Health Sciences. Happell, B., Platania-Phung, C. (2017). Review and analysis of the Mental Health Nurse Incentive Program.Australian Health Review. Hurley, J., Cashin, A., Mills, J., Hutchinson, M., Graham, I. (2016). A critical discussion of Peer Workers: implications for the mental health nursing workforce.Journal of psychiatric and mental health nursing,23(2), 129-135. Mrtensson, G., Jacobsson, J. W., Engstrm, M. (2014). Mental health nursing staff's attitudes towards mental illness: an analysis of related factors.Journal of psychiatric and mental health nursing,21(9), 782-788. National competency standards for the registered nurse. (2012).www.nursingmidwiferyboard.gov.au. Stevens, J., Browne, G., Graham, I. (2013). Career in mental health still an unlikely career choice for nursing graduates: A replicated longitudinal study.International Journal of Mental Health Nursing,22(3), 213-220. Townsend, M. C., Morgan, K. I. (2017).Psychiatric mental health nursing: Concepts of care in evidence-based practice. FA Davis. Wand, T., D'Abrew, N., Acret, L., White, K. (2016). Evaluating a new model of nurse-led emergency department mental health care in Australia; perspectives of key informants.International emergency nursing,24, 16-21. Wilson, A., Hutchinson, M., Hurley, J. (2017). Literature review of trauma?informed care: Implications for mental health nurses working in acute inpatient settings in Australia.International Journal of Mental Health Nursing. 26(4), 326343.

International Legal Sources of Intergenerational Equity Essay Example

International Legal Sources of Intergenerational Equity Paper An analysis of the legal sources of intergenerational equity should begin within the broader framework of international environmental law principles. Although the notion of intergenerational justice and the related principle of intergenerational equity are not concerned exclusively with environmental issues, the promotion of intergenerational equity does require, at a fundamental level, the appropriate management of natural resources and concern more broadly for the environment. From an empirical perspective, those legal instruments (both international and domestic) that make reference to a concept of intergenerational equity (or something similar) are largely concerned with environmental issues. The concept of intergenerational equity at international law forms part of the principle of sustainable development. The concept’s central function is one of increasing time-horizons of development decision-making in order to take into account the interests of future generations. In d oing so, it provides the essential temporal dimension to the principle of sustainable development. International environmental law is characterised by a number of rules and principles that aim to safeguard the protection of the environment. These include the precautionary principle, the polluter pays principle, and the principle of sustainable development, which are by comparison reasonably well-established. These, and other rules and principles of international environmental law, receive differing levels of acceptance by states. The status of some rules and principles of international environmental law remains controversial, and development of this area of law is ongoing. As the most significant, widely accepted statement of states’ rights and obligations with respect to the environment, the Rio Declaration on Environment and Development (‘the Rio Declaration’), adopted at the United Nations Conference on Environment and Development in 1992, provides a starting point for the elucidation of international environmental law principles. While the Declaration itself is not enforceable, it does have some value: it provides evidence of what states’ stated beliefs are with respect to what the law is or what it should be. Most relevantly here, it gives some insight into the way that states regard future generations with respect to development. We will write a custom essay sample on International Legal Sources of Intergenerational Equity specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on International Legal Sources of Intergenerational Equity specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on International Legal Sources of Intergenerational Equity specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The Rio Declaration notes (in Principle 3) that there is a right to development, and that this right ‘should be fulfilled so as to meet equitably the developmental and environmental needs of present and future generations.’ A number of scholars have pointed to this as an explicit reference to the notion (if not the phrasing) of intergenerational equity. Most of the Rio Declaration is concerned with the various contemporaneous balancing processes that must occur in order for sustainable development to succeed. In invoking the interests of future generations, the concept of intergenerational equity provides a temporal dimension to the other statements made in the Rio Declaration. Principle 3 of the Rio Declaration links the notions of sustainable development and intergenerational equity; as we shall see below, the association of the two appears to have influenced domestic legislation with respect to intergenerational equity in Australia. In addition to the Rio Declaration, references to equity between generations have appeared elsewhere in international legal instruments. Indeed, environmental responsibility toward future generations is mentioned as early as the 1972 Stockholm Declaration of the United Nations Conference on the Human Environment, in Principles 1 and 2. Both the 1993 Vienna Declaration on Human Rights and the 1992 Convention on Climate Change (article 3(1)) make reference to the needs of future generations. As is the case with the Rio Declaration, while these international declarations ‘indicate the importance now attached in international policy to the protection of the environment for future generations’, they are not enforceable. Their legal value is limited to their ability to demonstrate states’ understanding of and aspirations for the law with respect to development. Along these lines, Catherine Redgwell argues that ‘while intergenerational equity has not yet achieved the status of a binding rule (or perhaps more accurately, set of rules) under international law, a process of â€Å"creeping intergenerationalisation† may be observed’ within international law. According to Redgwell, an increasing focus on intergenerational issues is entering international law in two ways. First, many preambles to international treaties make reference to future generations. While such references are not in themselves legally binding, judges are able to use them in the interpretation and application of substantive treaty provisions. Second, elsewhere in international environmental law there are substantive principles which contain an intertemporal dimension. In addition to the principle of sustainable development, Redgwell argues that intergeneralisation may be seen within the common heritage of humankind principle, the principle of custodianship or stewardship, the precautionary principle and the principle of common but differentiated responsibilities. It is worth noting that the not all of these references to the concept of intergenerational equity are completely consistent; this could affect how the concept comes to be applied. The concept of intergenerational equity under international law has not been fully tested in court. Philippe Sands notes that something resembling a principle of intergenerational equity has been known to international law since at least 1893 when the US relied on a related argument in the Pacific Fur Seals Arbitration. However, the practical applicability of the notion of intergenerational equity in international case law appears to be limited. Its most important application may be in assisting members of the current generation to assert rights with respect to the environment. Indeed, the case most often cited as giving effect to the principle of intergenerational equity under international law, Minors Oposa v Factoran, is largely an expression of current generations’ rights under the Constitution of the Philippines. Domestic Legislation Referring to Intergenerational Equity A survey of national legislation throughout the common law world shows that the concept of intergenerational equity has gained little legislative traction in most jurisdictions. A complete analysis of the various domestic legislative instruments referring to the principle is beyond the scope of this thesis. However, it can be said that of all common law jurisdictions, Australian legislation refers most widely to the concept of intergenerational equity. Indeed, it goes further, by describing the concept as a ‘principle’ – one of the ‘principles of ecologically sustainable development’ that have been introduced in Australian states and territories. In Australia, the Rio Declaration, along with the Intergovernmental Agreement on the Environment, an agreement between the Commonwealth, States and Territories of Australia and the Australian Local Government Association, and the National Strategy for Ecologically Sustainable Development created the impetus for Australian legislation on sustainable development. The Intergovernmental Agreement on the Environment provides a number of principles of ecologically sustainable development that ‘should inform policy making and program implementation’ in order to promote an ecologically sustainable approach to development. These include (at section 3.5.2) the principle of intergenerational equity, which is stated as follows: the present generation should ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations. The principle is appears (with this same definition) in various state and territory legislation (in the Australian Capital Territory, Queensland, New South Wales, Northern Territory, South Australia, Victoria, and Western Australia) and in commonwealth legislation. Similarly, the National Strategy for Ecologically Sustainable Development, created as a result of the Intergovernmental Agreement, sets the broad strategic and policy framework for cooperative action on ecologically sustainable development (ESD) by Australian governments. The National Strategy does not create legally binding rules for governments, but it does set out a strategy for implementing the mutually agreed upon goals of the Intergovernmental Agreement. The National Strategy’s ‘goal’ is ‘[d]evelopment that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends’. The ‘Core Objectives’ of the strategy include aims ‘to enhance individual and community well-being and welfare by following a path of economic development that safeguards the welfare of future generations’ and ‘to provide for equity within and between generations’. The abundant presence of the principle of intergenerational equity within Australian legislation is not matched by depth in its description. As in relevant international legal instruments, the principle is described in the vague terms. While the principle as it appears in Australian legislation requires the present generation to ‘ensure that the health, diversity and productivity of the environment is maintained or enhanced for the benefit of future generations’, there is no indication as to how this should occur. For example, who within the present generation is responsible for future generations? Which aspects of health, diversity and productivity of the environment should be prioritised? What processes should be put into place in order to ensure that this occurs? And how should the interests of future generations be balanced against those of the current generations? These uncertainties have significant implications for the content of the principle. In effect, it means, in the absence of further legislation, that how the principle is applied in a particular setting remains largely up to judges. To summarise, a number of international law provisions, both preambular and substantive, make reference to future generations and their equitable treatment. To this extent, they indicate that some states support a notion of intergenerational equity. The Australian legislative provisions go further, often explicitly stating that ecologically sustainable development requires the principle of intergenerational equity to be taken into account. Neither the international nor the domestic provisions, however, elaborate on how effect is to be given to their aims. As intergenerational equity remains a nascent concept at law, it may not be possible at this stage to overcome all of the ambiguity with which the term is imbued. Nonetheless, if any progress is to be made at solidifying the legal meaning of intergenerational equity, it is essential to understand as much as possible about the substantive content of the concept. In the legal context, the substantive nature of the term must be gleaned from case law. Case Law on Intergenerational Equity While the principle of intergenerational equity appears frequently within Australian legislation, the legislation is silent on how effect should be given to the principle. This has the effect of giving judges a great deal of responsibility over the evolution of the principle. In this vein the Chief Justice of the New South Wales Land and Environment Court (NSWLEC), Preston CJ, writing in an academic context about the concept of sustainable development more generally, states that international, national, provincial and local law and policy-making bodies may have been reticent in explicating their meaning, circumstances of application and the precise details of the means of implementation. The judiciary, particularly at a national level, is therefore faced with the task of explicating the law of sustainable development, case by case. Incrementally a body of environmental jurisprudence will emerge. Similarly, Biscoe J notes in Walker that ‘ESD and its supporting principles are concepts which the legislature has left the courts to flesh out’. A number of Australian decisions make reference to the principle of intergenerational equity. Generally, the principle is merely mentioned in passing. There are, however, a number of cases that discuss the principle with some degree of detail. The cases in which the principle has been examined in the most detailed fashion include the recent decisions of Gray v Minister for Planning, Taralga Landscape Guardians Inc v Minister for Planning, and Walker v Minister for Planning, all heard by NSWLEC. Each of these cases centres upon disputes over administrative planning decisions. These cases provide the beginnings of jurisprudence on intergenerational equity. Gray v Minister for Planning Gray v Minister for Planning concerned the decision of the Director-General of the Department of Planning to grant permission to Centennial Hunter Pty Ltd (Centennial) to commence development of a coalmine at Anvil Hill in New South Wales in 2006. In Gray, the Applicant, an environmental activist, argued amongst other things that the Director-General had failed to take into account principles of ESD, including the principle of intergenerational equity, in his decision to accept Centennial’s environmental impact assessment for public display. The presiding judge, Pain J, found that the Director-General had failed to take ESD principles into account in his decision to accept Centennial’s environmental impact assessment, and declared that the decision was void. Noting that ‘intergenerational equity has received relatively little judicial consideration in this Court in the context of the requirements for environmental assessment under the EPA Act,’ Pain J drew upon an academic article written by Justice Brian Preston (which was itself influenced by the writings of Brown Weiss) in order to elucidate the principle of intergenerational equity. Her Honour stated that Preston’s article pointed to ‘three fundamental principles underpinning the principle of intergenerational equity’: The conservation of options principle which requires each generation to conserve the natural and cultural diversity in order to ensure that development options are available to future generations; The conservation of quality principle that each generation must maintain the quality of the earth so that it is passed on in no worse condition than it was received; The conservation of access principle which is that each generation should have a reasonable and equitable right of access to the natural and cultural resources of the earth.’ In doing so, Pain J anchored the beginnings of Australian jurisprudence on the principle firmly within the model set out by Brown Weiss. While the conservation of options, quality and access principles outlined by Brown Weiss provide high-level conceptual guidance to the understanding of intergenerational equity, they do not dictate what practical actions are required in specific cases. However, following this articulation of the principle, Pain J went on to describe her view of what this might mean in practice, stating in particular two things. First, she argued that the principle required, in the context of environmental impact statements, ‘the assessment of cumulative impacts of proposed activities on the environment.’ Second, she held that simply raising a point of impact in the environmental impact assessment was insufficient to discharge the decision-maker’s onus in considering the impact; it had to be considered in an appropriately detailed manner: simply raising an issue such as climate change/global warming is unlikely to satisfy a requirement that intergenerational equity or the precautionary principle has been considered in the absence of any analysis of the impact of activities which potentially contribute in the NSW context in a substantial way to climate change/global warming. Pain J concluded that the environmental impact assessment for the Anvil Hill coal mine should include estimations of greenhouse gas emissions from not only the construction of the coal mine but also from the end-uses of the coal to be mined there. As a result, Gray has received some academic interest as an example of a potentially far-reaching climate change law case. However, the specific factual outcome of the case cannot be extrapolated as a requirement of intergenerational equity more broadly. Instead, the judgment in Gray suggests two requirements of the principle of intergenerational equity in the context of environmental impact assessment: an assessment of cumulative impact, and an appropriately detailed analysis of relevant considerations. Taralga Landscape Guardians Inc v Minister for Planning Taralga Landscape Guardians Inc v Minister for Planning was a 2007 case involving a dispute between a group of rural residents and a wind energy company over the company’s development proposal for a wind farm that would be visible from the residents’ properties. The case required the balancing of local interests (the appearance, noise and impact upon local flora and fauna of the wind farm, considered unacceptable by local residents) with wider interests (the advantages to the community at large of provision of wind energy, a low carbon-emitting energy). The presiding judge, Preston CJ, found that the interests of the broader population in having a clean energy source at the site outweighed those of the local residents: Resolving this conundrum – the conflict between the geographically narrower concerns of the [residents] and the broader public good of increasing the supply of renewable energy – has not been easy. However, I have concluded that, on balance, the broader public good must prevail. Most relevantly to this Chapter, Preston CJ drew upon the concept of intergenerational equity, arguing that in the context of energy production, intergenerational equity requires two things: first, sustainable extraction and use, with respect to both the resource and the environment surrounding the resource; and second, the increasing substitution of cleaner energy sources for existing, dirtier ones. His Honour stated that ‘the attainment of intergenerational equity in the production of energy involves meeting at least two requirements’: ‘[M]ining of and subsequent use in the production of energy of finite, fossil fuel resources need to be sustainable. Sustainability refers not only to the exploitation and use of the resource (including rational and prudent use and the elimination of waste) but also to the environment in which the exploitation and use takes place and which may be affected. The objective is not only to extend the life of the finite resources and the benefits yielded by exploitation and use of the resources to future generations, but also to maintain the environment, including the ecological processes on which life depends, for the benefit of future generations’; and ‘[A]s far as is practicable, to increasingly substitute energy sources that result in less greenhouse gas emissions for energy sources that result in more greenhouse gas emissions, thereby reducing the cumulative and long-term effects caused by anthropogenic climate change. In this way, the present generation reduces the adverse consequences for future generations.’ Taralga applies the principle of intergenerational equity to the concrete context of energy production. In this context, the Court found that the principle not only demands that the process of production and use of energy occur in a manner which accounts for the requirements of future generations, but also requires new types of clean energy production to be substituted increasingly for old, emissions-intensive methods. The extent to which the outcomes of this element of the case can be generalised for future cases is likely to be limited – it seems fanciful to expect that Taralga on its own will present any real challenge to the construction of, for example, new coal-fired power plants. It is doubtful that it would have precedential value in this respect.603 Nonetheless, Preston CJ’s focus in this case on the long-term interests both of the environment and future generations in the context of energy production is remarkable. More generally, and indeed more importantly, Taralga involved a situation in which narrow, immediate interests (those of the local residents) were in conflict with broader, long-term interests (those of the wider community over a long timeframe). This case demonstrates that the Australian principle of intergenerational equity (in this case in combination with other principles of ESD) has the potential to protect the interests of members of future generations, when they conflict with the interests of members of the current generation. Walker v Minister for Planning The case of Walker v Minister for Planning (‘Walker’) concerned a concept plan for a development proposal for a retirement village on a coastal plain in New South Wales. The Applicant challenged the NSW Minister for Planning’s decision to approve the concept plan, arguing that the approval was invalid because the Minister had failed, amongst other things, to take into account the principles of ESD. At first instance, in the NSWLEC, Biscoe J found that the Minister was ‘under an obligation to consider the public interest, including ESD, when making decisions’ under the relevant NSW planning legislation. However, on appeal, the Court of Appeal overturned Biscoe J’s ruling, finding instead that while the public interest is a mandatory consideration for the Minister under the relevant planning legislation, the specific consideration of ESD principles is not. Instead, the Court of Appeal found that consideration of ESD principles is relevant to demo nstrating that due regard has been given to the public interest in decision-making: ‘the â€Å"mandatory† requirement that the Minister have regard to the public interest does not of itself make it mandatory †¦ that the Minster have regard to any particular aspect of the public interest, such as one or more of the principles of ESD. Whether or not it is mandatory to have regard to one or more principles of ESD must depend on statutory construction.’ Nonetheless, the Supreme Court of New South Wales stressed the importance to the public interest of the consideration of ESD principles in this context.608 Following that judgement, Jill Walker applied for leave to appeal to the High Court, but the application was refused. Despite the ultimate lack of success by the Applicant, the original NSWLEC decision has helped to advance judicial construction of the principle of intergenerational equity. Biscoe J conducted an extensive review of cases dealing with the principle of intergenerational equity. In addition to rehearsing the judges’ treatment of intergenerational equity in Gray, Taralga, and several other cases, Biscoe J commented that the principle of intergenerational equity ‘has endured as the fundamental principle of ESD. Next Page   Implications Previous Page   V. Nascent Jurisprudence on Intergenerational Equity

Can Jurors Ask Questions During Trials

Can Jurors Ask Questions During Trials The trend of jurors asking questions while a trial is going on is becoming more popular in courtrooms across the country. There are some states that now require it by law, including Arizona, Colorado, and Indiana. Many times highly technical testimony may alienate the average juror to the point where they stop paying attention and begin faking that they understand what is being said. Because of this, lawyers have become more reluctant to take cases where they risk verdicts that are derived from uninformed and bored jurors who do not understand the applicable laws. Case studies of trials that have been reviewed have shown that when jurors could ask questions during the trial, there were fewer incidents of verdicts that lacked a sound understanding of the evidence that was presented.​ CEATS Inc. v. Continental Airlines Experimentation has been done to gauge the effectiveness of permitting jurors to ask questions during trial. An example was in the CEATS Inc. v. Continental Airlines trial. Chief Judge Leonard Davis asked jurors to write down questions that they had after each witness testified. Out of earshot of the jury, the lawyers and judge then reviewed each question, which did not identify which jury member asked it. The judge, with attorney input, selected the questions to ask and informed the jurors that the selected questions were decided by him, not the lawyers, to avoid a juror getting insulted or holding a grudge because their question was not selected. The attorneys could then expound on the questions, but were specifically asked not to include the jurors questions during their closing arguments. One of the major concerns of allowing jurors to ask questions was the amount of time it would take to review, select, and answer the questions. According to Alison K. Bennett, MS, in the article Eastern District of Texas Experiments with Jurors Questions During Trial, Judge Davis said that the additional time added about 15 minutes to the testimony of each witness. He also said that the jurors appeared more engaged and invested in the proceedings and that the questions asked showed a level of sophistication and understanding from the jury that was encouraging. The Pros of Allowing Jurors to Ask Questions Most jurors want to render a fair verdict based on their understanding of the testimony. If jurors are unable to obtain all the information that they need to make that decision, they may become frustrated with the process and ignore the evidence and testimony that they could not decipher. By becoming active participants in the courtroom, jurors get a more in-depth understanding of courtroom procedures, are less likely to misunderstand the facts of a case and develop a clearer perspective on which laws apply or do not apply to the case. Jurors questions can also help lawyers get a feel for what they are thinking and can influence how lawyers continue to present their cases. It is also a good tool to reference when preparing for future cases. The Cons of Allowing Jurors to Ask Questions The risks of allowing a jury to ask questions can mostly be controlled by how the procedure is handled, although there are still other problems that may arise. They include: A juror who wants to display their superior understanding of the case or one that talks too much could become taxing and annoying to other jurors as well as add unnecessary time to the trial proceedings. It also puts lawyers and judges at risk if they display signs of fatigue or annoyance with trying to control someone with these characteristics. The fallout could result in the juror feeling alienated and resentful which could have a harmful effect on jury deliberations.A question could be asked that jurors feel essential, but in reality, has little legal significance to the outcome of the trial. Such a question could end up carrying too much weight when jurors begin their deliberations.There is also a risk that the questions not asked by a jury could imply that they do not understand the evidence being presented or realize the significance of the evidence presented. Alternatively, it may mean that they do not have additional questions because they completely understand what has been presented. This could put lawyers at a disadvantage. If the jury does not understand the evidence enough to ask questions, a lawyer may change their strategy and spend more time with testimony that helps explain the evidence. However, if the jury does have a full understanding of the evidence, additional time spent on the same information could be viewed as repetitive and boring and the lawyer risks being audibly muted by jurors. The risk of a witness answering a jurors question that has been rendered inadmissible.Jurors may take the position of being an adversary of a witness rather than being interested in all of the facts of the case.Jurors may rate the importance of testimony if a judge does not elect to ask a witness a jurors question. They may feel it is not important testimony because it was not worthy of additional time spent to review it.A question may be allowed by a judge by mistake and become the reason the verdict is later appealed.Lawyers fear losing control over their case and trial strategy, especially if a question is asked by a juror that lawyers have purposely avoided mentioning during a trial. There is a concern that jurors with questions may decide on their verdict too early. Procedure Determines Success of Jury Questions Most of the problems that could develop from jurors asking questions can be controlled by a strong judge, through careful review of the questions and through using a proactive process through which jurors can submit questions. If the judge is reading the questions, and not the jurors, a garrulous juror can then be controlled. Questions that do not have significant importance to the overall outcome of the trial can be skipped. Questions that appear to appear bias or are argumentative can be reworded or discarded. However, it does give the judge an opportunity to review the importance to jurors of remaining impartial until the trial is over. Cases Studies of Jurors Asking Questions Professor Nancy Marder, director of IIT Chicago-Kents Jury Center and author of the book The Jury Process, researched the effectiveness of juror questions and determined that the justice is fully served when a jury is informed and understands all the mechanisms that go into their role as juror, including testimony given, evidence shown and how laws should or should not be applied. She goes on to emphasize that judges and lawyers can benefit by taking a more jury-centric approach to court proceedings, which means considering questions that jurors may have through the jurors perspective rather through their own. By doing so will improve the performance of the jury as a whole. It can also enable a jury to remain present and focused on what is going on, rather than have them obsess on an unanswered question. Unanswered questions could promote a feeling of apathy towards the remainder of the trial if they fear that they have failed to understand important testimony. Understanding the Dynamics of a Jury In Marders article, Answering Jurors Questions: Next Steps in Illinois, she looks at the pros and cons of several examples of what can happen when jurors are permitted or legally bound to ask questions, and one major point that she mentions is in regards to the dynamics that occur among a jury. She discusses how within groups of jurors there is a tendency for those who failed to understand testimony to look to other jurors who they deem as being better informed. That person ultimately becomes an authority figure in the room. Often their opinions carry more weight and will have more influence over what the jurors decide. When jurors questions are answered, it helps create an environment of equality and each juror can participate and contribute to the deliberations rather than being dictated to by those who appear to have all the answers. If a debate does arise, all jurors can inject their knowledge into the discussion without feeling uninformed. By doing this, jurors are more likely to vote independently, rather than to be overly influenced by a single juror. According to Marders research, the positive results of jurors moving out of passive roles of observers to active roles which allow them to ask questions has far outweighed the more negative concerns of lawyers and judges.​​​

March of the Penguins The movie Review Example | Topics and Well Written Essays - 2500 words

March of the Penguins The - Movie Review Example This paper discusses the basic plot, similarities and differences, strength and weaknesses of the movie, followed by some lessons learned, and then the conclusion. An outline shows the structure of the arguments. Matthew Turner1 of The ViewLondon Review (2005) gives the basic plot of the movie thus - Directed by Frenchman Luc Jacquet and narrated (in the U.S version) by Morgan Freeman, the film . charts the annual cycle of the emperor penguins of Antarctica, beginning with their 70-mile march from the sea to their mating grounds. They walk in single file, often travelling on their bellies, enduring winds of up to 100 mph and sub-zero temperatures. When they finally reach the mating grounds, they undergo a series of elaborate mating rituals before pairing off into monogamous couples and mating. Once the egg is laid, the female penguins travel back to the sea, swimming and eating and having a great time while the males are left to hatch the eggs. After two months, the eggs hatch and the females return with food, at which point the males begin a trek to the sea and back in order to gather enough food to keep the penguin chicks alive. MEETING OF MALE PENGUINS at more normal times. Emperor penguins behave like a community. In the harsher times of winter, together they brave the storms of their environment. After the storms, it is the same. These are the fathers who take care of the eggs and nurture them to chicks and until the mothers come back. The mothers have gone back to sea to eat and would take them about two months to return.2 Photo credits: Yahoo MOTHER PENGUINS TRAVEL BACK TO SEA. After delivery, the mother penguins would entrust their eggs to the father penguins and would need to go back to sea to eat or else would die. The travel is not that easy as it takes them to coast ice glaciers of some distance. Most of the time, they travel by foot. When they get tired, they use their stomachs and slide by the ice glaciers.2 Photo credits: Yahoo Thesis. There are differences between human beings and penguins, but there are also similarities that echo much human experiences of love and loss. Penguins,3 however, are just birds and so should be assessed as birds and not something that should model for human beings. Similarities and differences. In March of the Penguins, the similarities and differences between man and penguin were clearly marked. The similarities mainly centered on rearing habits and mother instincts. Like human beings, penguins are warm-blooded vertebrate bipeds that reproduce sexually from male and female intercourse. They also rear their offspring to maturity as couples, very much reminiscent of domestic concerns (Greydanus 2006). This penguin concern extends to filial relationship and parent feelings for the offspring. The mother instinct in the movie is partially exemplified in the mother penguin trying to steal another's chick in an effort to replace her lost chick. It is hilarious in that in this episode, it is like the story of the two women fighting over a baby and judged by Solomon in the bible. Unlike human beings who resort to legal cases, the penguins band together to stop the stealing (Greydanus 2006). Not of the same

A Theory of Dividends Dissertation Example | Topics and Well Written Essays - 10500 words

A Theory of Dividends - Dissertation Example The main dividend policies practically adopted by most of the companies world wide can be basically divided into four categories. Constant dividend system tops the list followed by constant dividend ratio system, dividends equal to free cash flow system and sticky dividend system (Internet, Introduction to Dividend Policy & Theory, two issues, 1). In the constant dividend system, companies pay sum constant amount as dividend every year irrespective of the profit range while in the constant ratio system, they adopt a constant ratio on earnings.   The latter is also known as the EPS or DPS meaning earnings per share or dividend per share. In the third system, quantum of free cash flow guides the payment. In the last one, also known as the Lintner Model, companies adopt a sticky method in which dividends are first paid in a low level and then increased after some years. This is mainly done to enhance the confidence of investors and shareholders.  Dividend theoriesWhy should companie s declare dividends? It is the responsibility of the managements to show some monetary benefit to the investors who have invested their savings. Companies conduct their business with the investments offered by the shareholders and it is their bounden duty to offer dividends in return to them. But, as the shares of the companies are traded in the stock markets, it is natural for market players to link the dividends to the share prices. It is true that there are some companies that do not pay dividends.

Diet and Digestion as Factors for Large Size in Sauropods

Diet and Digestion as Factors for Large Size in Sauropods Dinosaurs have captured the imagination since the very first fossils were discovered. The mystical creatures in many ancient cultures may be attributed to fossils weathering out of the earth. Nearly every culture had some form of dragon in their mythology, a uniformity best explained by fossilized dinosaurs. Some scientists believe the fossils of ceratopsians are the source of the mythological griffin. Part of the fascination with dinosaurs is their size. With few animals reaching such massive proportions, the creatures that produced single bones as tall as a human must have seemed other worldly to ancient peoples. They still draw fascination today; their features so different from anything living. As more and more fossils are found, explanations and extrapolations of the features, size, and behavior become more comprehensive. The unknown element of dinosaur life allows for wild projections and suppositions, and the drama of discovery and scientific discourse and hypothesis disproval continue to draw the interest of people. As more is discovered, more questions are raised. One field of questions pertain to sauropod size. Sauropods are distinct in their absolutely massive bodies. Far larger than anything known by living humans, they are fascinating to consider. Trying to imagine their size is in some ways like trying to imagine the vastness of space. Without actually standing next to a mounted skeleton, there is no living reference to fix the size of sauropods in the imagination. Some estimates place the largest sauropods at 80,000kg, or 170,000 lbs. Conservative estimates suggest weights of 40,000-50,000 kg. Sauropod height is in some specimens 60 feet, about 3 times the height of a two-story house. Some sauropods were a third of a football field in length! Such sizes are nearly unfathomable, raising the question of how they got to be so massive and how their bodies functioned. Modern herbivores are often much bigger than carnivores, because in general, their e nergy expenditure is less and the biomass of their food source is higher. The huge size of sauropods is definitely tied to their diet, and it is likely that their food source and digestive mechanisms were a major factor in their growth to such massive sizes. The food available to sauropods was not very nutritive. Before the evolution and diversification of angiosperms 125 million years ago, herbivorous animals had to rely mainly on gymnosperms and ferns. The best measure of plant nutritional value is in the concentration of nitrogen and nonstructural carbohydrates like sugars. Protein levels largely correspond to the nitrogen levels in leaves. Because non-angiosperm plants dont have the xylem transport network that evolved, there is less nutrient flow, and therefore less nitrogen concentration. Ferns, cycads, and conifers, some of the main plant types available to the sauropod dinosaurs, were low in nutrition, and gymnosperms had secondary chemical defenses that made them unpleasant to eat and harder to digest (Midgley, 2005). A study by Zvereva and Kozlov (2006) found that the nitrogen concentration in gymnosperms drops in environments with elevated temperature and CO2 concentration, compared to the modern environment. Sugar levels tend ed to stay the same. The toughness of leaves increases when CO2 levels are higher. The carbon-nitrogen ratio is significantly increased by elevated CO2. It is well-known that the environmental conditions during the age of dinosaurs was both higher in temperature and higher in CO2 concentration. This would have produced plant material significantly less nutritious than the plant matter today. The lesser food quality supports the evolution of large sauropod dinosaurs, as the Jarman-Bell Principle states that larger species can feed on diets of lesser quality food, evidenced by the relatively large size of modern grazing mammals (Clauss, et. al., 2009). The physiology of the dinosaurs shows evidence of partitioning. Some sauropods, such as diplodocids, were low browsers, who were unlikely to life their heads higher than a couple meters (Stevens and Parrish, 1999). This separated their food source from the mid to high browsers, limiting their available food source in some ways, yet also preventing competition amongst sauropod species. The lower plant quality requires that herbivorous animals consume more material in order to meet their nutritional and energy needs. Given the quality of available plants, extended digestion would have been required. Of several methods to process plant material, sauropods digestion was extremely fermentation heavy. They had very little oral processing. Their teeth were either broad and leaf like, with serrations in the crown, or later more narrow and peg like. In most sauropods, teeth were present in the front part of the mouth but not the back. The body plan in the early Mesozoic seems to have been to maximize food intake through teeth adapted for cropping, stripping, and pulling plant material but with little oral processing. There is some evidence in the tooth replacement rate and wear that teeth farther back in the mouths of sauropods were not used in oral processing or food acquisition, but rather served the purpose of cheeks, to keep the food in the mouth (Schwarz, et. al., 2015). Prosauropods had some check development, but in the sauropod line, cheeks were lost early (Chure, et. al., 2010). There have been no teeth found in association with sauropods that had a large horizontal surface, indicative of use for chewing (Christiansen, 1999). The heads of sauropods were extremely small compared to their body size. Any dental batteries or cheeks would have increased the head mass and likely made it prohibitively heavy, especially at the end of a long neck. Christiansen also noted that the muzzle width in sauropod dinosaurs is proportionally wider than the width in herbivorous animals. This enables sauropods to intake more food per bite, increasing their intake rate. With relatively poor food nutrient quality, sauropods would need to consume a great amount of food to meet their daily needs. The length of the neck adds length to the digestive envelope, another way to maximize food consumption. The lack of oral processing, wide muzzle, and long neck work in conjunction to increase the consumption capability or sauropods, increasing their ability to meet their dietary needs and shortening thei r feeding time. With such high consumption and such little processing, digestion would be almost entirely focused in the gut. The particle size would be very large, making digesta harder to break down, and the longer it takes to digest. There has been some debate about the presence of gastroliths and a gastric mill in sauropod dinosaurs. Gastric mills certainly would help break down the plant material into smaller particle sizes and speed the digestion process. Unfortunately, the fossil record seems to rule out the presence of a gastric mill for most sauropod dinosaurs. Wings and Sander (2007) tested the hypothesis of sauropod gastroliths by testing gastrolith usage in farm ostriches. They found that rose quartz, which has the same properties as the white vein quartz found in association with sauropods, last the longest. Using granite cubes, they found that the general shape of the stone stays the same. They also found that the gastric milling process quickly roughens the face of the stone. None of the stones that he used in his test retained a shine, unlike those suspected to be sauropod gastroliths. He also found that gastroliths are about 1% of the total body mass. According to them, the largest mass of gastroliths found in association with a sauropod is 15kg, much lower than 1% of the estimated sauropod body mass. Gastroliths likely scale with body mass simply because organ size roughly scales with body mass. The stomachs of sauropods could have been proportionally smaller than expected, although it is unlikely with the amount of food that they are estimated to have consumed. Using projections from living herbivores, it is estimated that the large sauropods would consume several hundred kilograms worth of food (Englemann, et. al., 2004). This estimate accounts for the proportional decrease in required food consumption for successively larger and larger organisms. In another study focusing on the distribution of gastrolith stones amongst sauropod remains, it was found that gastroliths were found with about 4% of sauropod fossils. There are some species of sauropod that have strong evidence of gastric mills, but they are not widespread enough (Wings, 2014). With little to no processing of plant material, and with no evidence of any other break down processes, sauropods must have heavily relied on fermentation to digest their food. The relatively low density of nutrients in the gymnosperms at the time already required longer fermentation times. In order to achieve longer fermentation time, the gut size needs to increase, or the amount of food eaten needs to decrease. As the food particles must have been large, the time taken for fermentation would need to be even longer. With no internal soft tissues preserved in the fossil record, it is hard to determine where fermentation took place in the gut. Fermentation demands a large digestive tract. Larger intestines allow for longer digesta retention, pulling more nutrients from the food. The large torsos of s auropods could certainly fit and extensive gut. Estimates based on living animals gives a digesta retention time between 8 and 16 days. Galapagos turtles, which do not chew their food, retain theirs for 11 days (Franz, et. al., 2009). Sauropod dinosaurs could have evolved to be so large because those individuals with larger guts had better survival chances than those who had smaller guts. As stated previously, the amount of food needed in relation to the body mass would likely have been much lower than other, smaller herbivorous organisms. As sauropods heads were evolved to take in the maximum amount of food, the intake of food would likely not have consumed most of the sauropods time. This time advantage would have been especially needed in semiarid environments, like the Jurassic area preserved in the Morrison formation. Although there is lush vegetation in the Morrison fossil record, it is not widespread instead found in clusters. The Morrison Formation suggests that the environm ent during the time of sauropods was savannah-like. The dense vegetation found was likely due to seasonal rains, or centered around areas of water, such as lakes or streams. The vegetation likely moved, growing in different areas depending on rainfall (Englemann, et. al., 2004). Large herbivores would need to follow the seasonal changes, and migrate in search of new food sources. The size of the sauropods and the advantages of that size would have been a major edge in a semi-arid environment. Such sizes would have also made locomotion more efficient. Longer strides afforded by the overall large body size decreases the amount of energy per unit of distance. This, too, increases the ability of sauropods to migrate in search of food. Sauropod reliance on fermentation was so great that their methane production has been linked to the warm climate of the Mesozoic era (Wilkinson, et. al., 2012). Assuming a more reptilian metabolism, one paper puts the global biomass of large sauropods at 2 00,000 kg/km2. Their total estimated annual methane emission is about 520 million tons. For comparison, modern day ruminants produce about 50-100 million tons of atmospheric methane, and the total modern day global emissions are about 500-600 million tons a year. The author notes that their estimate could have been overstated by a factor of two, but also understated by the same amount, depending on assumed metabolic function and density of sauropods. Sauropods large sizes and reliance on fermentation to digest food was a major influence on their environment, and created a positive feedback loop, where the temperature increase would push nutritive values of plants lower. Massive sauropod bodies were well adapted to their environment and digestion. Of course, such large sizes bring their own challenges. The most debated question is whether or not dinosaurs were endothermic or ectothermic, and whether endothermy was even possible in mega dinosaurs like the sauropods. At body masses estimated between 20,000 kg and 80,000 kg, overheating would have been a huge problem in large sauropod dinosaurs. While it is unknown if they had special soft tissue adaptations in order to combat their size, it is speculated that their long necks and tails may have helped them keep cool by increasing surface area without adding too much internal volume (Eagle, et. al., 2011). The accelerated growth capable in endothermic animals is a major factor in favor of sauropod endothermy. Sauropods grew several size magnitudes, from hatchlings estimated to be about 10kg, to the hulking adult dinosaurs, in only a few decades (Sander Clauss, 2008). But does the size of adult sauropods rule out endothermic metabolisms? According to Eagle and others (2011), endo thermy was not impossible in large sauropods. In lower temperatures, more 13C-18O clumps form, which are preserved in the fossil record. The analysis of these clumps is not dependent on knowing the oxygen isotope composition of the surrounding water. These clumps can be observed in the tooth bioapatite of dinosaurs. The accuracy of this method is 1 °C, with precision within 1 °-2 °C. The accuracy of this method comes from tests of modern taxa, in which the isotopic temperature agrees with the expected temperature of the organisms. Eagle found the average body temperature of Brachiosaurus to be 38.2 °C  ± 1 °C and the temperature of Camarasaurus to be 35.7 °C  ±1.3 °C including a sample from a different fossil site. These temperatures are within the range of modern mammals, and lower than the body temperatures of many birds, which can be greater than 40 °C. Eagle does note that the temperature reflects the temperature of tooth formation, which may differ from the main body temperature. Body temperature is a product of metabolism, size, environmental temperature, and any special adaptations for the regulation of heat. The temperatures given for these sauropods is close to the temperatures estimated by earlier research done by Gillooly (2006). Such temperatures in such large animals suggests that they were either ectothermic, had low basal metabolic rates, or had some special methods of heat dissipation. Some researchers suggest that large sauropods were fermentative endotherms (Mackie, 2002). Because sauropods needed a lot of energy to reach their adult size in such little time, it is likely that they were endotherms who underwent some sort of change at maturation that prevented overheating as an adult. Metabolic changes through development is not unusual, so it is very possible that it also occurred in sauropods. They could have shifted from a higher metabolic endothermy during their rapid growth phase, to a lesser metabolic homeot hermy supported by the fermentation heat output from their fully formed guts. Other evidence in support of endothermic sauropods are growth lines, or the lack there of, in sauropod bones (Kohler, et. al., 2012). Lines of arrested growth are normally associated with ectotherms, which have periods of rapid growth interspersed with periods of slow growth. These lines are found in mammals as well, and in the majority of dinosaurs. The pattern the lines leave are not found in sauropod bones. This suggests unbroken, stead growth rates, highly unlikely in ectotherms. The evidence suggests endothermy in sauropods, even in large ones. Because endothermy requires more energy to maintain, sauropods would have had to consume a massive amount of food, unless they had a low basal metabolism. Hippopotami, while mammals and clearly not the size of sauropods, have particularly long retention times because they have low food intake and enormous gut capacity. Their required energy for maintenance is r emarkably low. This strategy is common in non-ruminant foregut fermentators and some small hindgut fermentators (Clauss, et. al., 2009). The metabolic process of sauropods is linked to their energetic needs and dietary restrictions. In some research, one of the byproducts of fermentation, heat, supports the endothermic theory, and endothermy in sauropods as juveniles helps explain how they managed to reach their massive adult size. The herbivorous, fermentative nature of sauropods is not an obstacle in understanding their ability to function at such large sizes. Sauropods likely evolved to be large because of the abundance of plant materials, especially after many herbivores died out during both the Permian extinction, but also the Triassic-Jurassic extinction. Their adaptations allowed them to widely diversify and fill the newly opened ecological niches. Some have speculated that their large body size was driven by predation, as larger bodies, especially the size of sauropods, were a natural defense (Sander, et. al., 2011). Given the evidence, it is more likely that immunity to predation was a lucky side effect of size, not the driving factor. It seems more likely that the resource opportunities of plants drove the initial adaptation, especially with the diverse nature of sauropods and their apparent partitioning, than protection. The size of sauropods is inextricably linked to their diet and digestive methods. Much of the discussion of sauropod feeding is based on conjecture is based on living animals, that are obviously very different from sauropods. As there is are no known records of internal tissues, it is hard to know anything about how sauropods functioned internally beyond comparing them to existing behaviors and traits in todays animals. Even though todays herbivores are different than sauropods, patterns of herbivory are similar in very different taxa. The circumstantial evidence offered by analysis of modern organisms still enables scientists to attempt to fit sauropods within the known herbivorous patterns, with allowances for the unknowns. Perhaps this analysis is just another element of the imaginative aspect of dinosaur life. Until more evidence is found, I believe that the evolution of the massive sauropods was in large part due to their diet and digestion. The nutrition offered by gymnosperms demanded higher levels of processing. The minimal oral digestion evidenced by small heads and non-chewing teeth led to greater digesta retention times in the gut. A greater gut size would have sped fermentation, compensating for the large particle size of the plant material and its low nutrient density. There is some evidence for resource partition amongst sauropods, both between different species and within the same species. Different tooth structure and browsing levels are some adaptations driven by available resources. The other benefits of the large body size of sauropods, in my opinion, do not seem likely to be as important in size evolution as the plants and their digestion. When the sauropods appeared, they filled an ecological niche left by previous extinctions, and quickly diversified, creating a hugely successful group of organisms, both in overall diversity, but also in longevity. Works Cited Christiansen, Per, 1999, On the Head Size of Sauropodomorph Dinosaurs: Implications for Ecology and Physiology. Historical Biology, v. 13, iss. 4, p. 269-297. Chure, D., Britt, B. B., Whitlock, J. A., Wilson, J. A., 2010, First complete sauropod dinosaur skull from the Cretaceous of the Americas and the evolution of sauropod dentition. Naturwissenschaften, v. 97, iss. 4, p. 379-391. Eagle, R. A., Tà ¼tken, T., Martin, T. S., Tripati., A. K., Fricke, H. C., Connely, M., Cifelli, R. L., Eiler, J. M., 2011, Dinosaur Body Temperatures Determined from Isotopic (13C- 18O) Ordering in Fossil Biominerals. Science, v. 333, n. 6041, p. 443-445. Englemann, G. F., Chure, D. J., Fiorillo, A. R., 2004, The implications of a dry climate for the paleoecology of the fauna of the Upper Jurassic Morrison Formation. Sedimentary Geology, v. 167, iss. 3-4, p. 397-308. Franz, R., Hummel, J., Kienzle, E., Kà ¶lle, P., Gunga, H., Clauss, M., 2009, Allometry of visceral organs in living amniotes and its implications for sauropod dinosaurs. Proceedings of the Royal Society B, v. 276, iss. 1662, p. 1731-1736. Gillooly, J. F., Allen, A. P., Charnov, E. L., 2006, Dinosaur Fossils Predict Body Temperatures. PLoS Biology, v. 4, iss. 8, p. 1467. Kohler, M., Marà ­n-Moratalla, N., Jordana, X., Aanes, R., 2012, Seasonal bone growth and physiology in endotherms shed light on dinosaur physiology. Nature, v. 487, iss. 7407, p. 358-361. Mackie, Roderick I., 2002, Mutualistic Fermentative Digestion in the Gastrointestinal Tract: Diversity and Evolution. Integrative and Comparative Biology, v. 42, n. 2, p. 319-326. Midgley, J. J., 2005, Why Dont Leaf-Eating Animals Prevent the Formation of Vegetation? Relative vs Absolute Dietary Requirements. The New Phytologist, v. 168, n. 2, p. 271- 273. Sander, P. Martin Martin Clauss, 2008, Sauropod Gigantism. Science, v. 322, n. 5899, p. 200- 201. Sander, P. M., Christian, A., Clauss, M., Fechner, R., Gee, C. T., Griebeler, E., Gunga, H., Hummel, J., Mallison, H., Perry, S. F., Preuschoft, H., Rauhut, O. W. M., Remes, K., Tà ¼tken, T., Wings, O., Witzel, U., 2011, Biology of the sauropod dinosaurs: the evolution of gigantism. Biological Reviews, v. 86, p. 117-155. Schwarz, D., Kosch, J. C. D., Fritsch G., Hildebrandt, 2015, Dentition and Tooth Replacement of Dicraeosaurus hansemanni (Dinosauria, Sauropoda, Diplodocoidea) from the Tendaguru Formation of Tanzania. Journal of Vertebrate Paleontology, v. 36. Stevens, Kent A. J. Michael Parrish, 1999, Neck Posture and Feeding Habits of Two Jurassic Sauropod Dinosaurs. Science, v. 284, n. 5415, p. 798-800. Wilkinson, D. M., Nisbet, E. G., Ruxton, G. D., 2012, Could methane produced by sauropod dinosaurs have helped drive Mesozoic climate warmth?. Current Biology, v. 22, iss. 9, p. R292-R293. Wings, O., 2015, The rarity of gastroliths in sauropod dinosaurs a case study in the Late Jurassic Morrison Formation, western USA. Fossil Record, v. 18, iss. 1, p. 1-16. Wings, Oliver P. Martin Sander, 2007, No gastric mill in sauropod dinosaurs: new evidence from analysis of gastrolith mass and function in ostriches. Proceedings of the Royal Society B, v. 274, iss. 1610, p. 635-640. Zvereva, E. L. M. V. Kozlov, 2006, Consequences of simultaneous elevation of carbon dioxide and temperature for plant-herbivore interactions: a metaanalysis. Global Change Biology, v. 12, iss. 1, p. 27-41.