The Cyanamid test - Free Essay Example

Sample details Pages: 5 Words: 1562 Downloads: 1 Date added: 2017/06/26 Category Law Essay Did you like this example? Introduction Interim (a.k.a. interlocutory) prohibitory injunction is a court order that forbids the person it is addressed to do something. It is an equitable remedy and is awarded at the discretion of the court. Don’t waste time! Our writers will create an original "The Cyanamid test" essay for you Create order The famous guidelines for granting the interim injunctions by the court were introduced by Lord Diplock in the case of American Cyanamid Co v Ethicon Ltd[1] (hereinafter the Cyanamid test). The above case concerned the claimant, a US company marketing synthetic surgical sutures, which was finally granted an injunction by the House of Lords to restrain the defendant, an English company, which invented a similar product, from infringing its patent rights. This work aims to analyse the argument that the Cyanamid test is too rigid prompting the courts to create a number of exceptions. The Cyanamid test Lord Diplock introduced the following elements of the Cyanamid test to be satisfied in order for the court to grant interim prohibitory injunction[2]: Serious questions to be tried Firstly, the claimant is required to show to the court that its claim has substance, i.e. that it is à ¢Ã¢â€š ¬Ã…“an issue for which there is some supporting material and the outcome of which is uncertainà ¢Ã¢â€š ¬Ã‚ [3] rather than a frivolous claim[4]. Adequacy of damages If the first element is satisfied, the court will then look into whether the damages awarded to the claimant or to the defendant, if the latter wins, are adequate to do justice (Garden Cottage Foods Ltd Milk Marketing Board[5]). Where damage is hard to quantify or in the case of irreparable harm, the injunction is likely to be granted (Allen v Jambo Holdings Ltd[6]). Balance of convenience If there are any doubts regarding the adequacy of damages, the balance of convenience will be looked at by the court à ¢Ã¢â€š ¬Ã…“balancingà ¢Ã¢â€š ¬Ã‚  all other issues specific to the case. Subsequent treatment of the Cyanamid test The decision in the Cyanamid case caused some turbulence in the subsequent court decision making. However, before proceeding with analysis of the same, it is essential to note that the Cyanamid test comes into a conflict with earlier Beecham Group Ltd Bristol Laboratories Pty Ltd[7], where the court emphasised that for the injunction to be granted, firstly, the claimant must establish à ¢Ã¢â€š ¬Ã…“prima facie caseà ¢Ã¢â€š ¬Ã‚ , i.e. that the claimant is actually entitled to the right he is claiming and, secondly, the proof of the probability of success was required, which is overall a much tougher test to satisfy than the Cyanamid test. Subsequently, the Cyanamid test was closely followed by the courts in a number of cases, such as Alfred Dunhill Ltd v Sunoptics[8], where Browne LJ stated that Lord Diplockà ¢Ã¢â€š ¬Ã¢â€ž ¢s decision was binding and that the Cyanamid test should be followed. The court in Thomas Marshall (Exports) Ltd v Guinle[9] followed the Cyanamid test as well, but nonetheless noted that there are some cases where the needs of the parties and justice dictate a more comprehensive hearing with Beecham style test applied. When analyzing the Lord Diplockà ¢Ã¢â€š ¬Ã¢â€ž ¢s rationale behind the Cyanamid test it appears that he tried to ensure the speedy review of the injunction applications and to prevent the occurrence of unnecessary à ¢Ã¢â€š ¬Ã…“mini-trialsà ¢Ã¢â€š ¬Ã‚  burdening the court system (Series 5 Software Ltd v Clarke[10]). Some commentators argue that he went too far in setting out very precise rules on assessing the strength of partiesà ¢Ã¢â€š ¬Ã¢â€ž ¢ cases, the potential harm to the parties despite alternative legal resorts and availability of undertakings in relation to payments of damages, which was limiting the exercise of the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s discretion to do justice[11]. In order to ensure the equitable treatment of all cases, courts tended either to side-step the Cyanamid test or create exceptions to it. It was distinguished in Bryanston Finance Ltd v de Vries (No 2)[12] by the Court of Appeal, which decided that the Cyanamid test was inapplicable to injunction application to prevent presentation of winding up petition. Keay in his article[13] provides a number of further examples of exceptions, such as cases where fraud is involved (Alfred Dunhill Ltd v Sunoptics[14]) and those relating to the right to publish an article or the transmission of a television programme where time is of the essence (Cambridge Nutrition Ltd v BBC[15]), mandatory injunctions applications (De Falco v Crawley BC[16]) and employment and industrial disputes (Attorney-General v Punch Ltd[17]). Interestingly, one of the exceptions was introduced by Lord Diplo ck himself in NWL Ltd v Woods[18] where he accepted that the Cyanamid test should not be adhered to if the interim hearing was going to be decisive and final. This is a very important exception as Lord Denning M.R. in Fellowes Son v Fisher[19] mentioned that à ¢Ã¢â€š ¬Ã…“after a decision on an interim injunction application the matter goes no further in 99 out of 100 casesà ¢Ã¢â€š ¬Ã‚  [20]. Besides the exceptions, it appears that the courts in some cases felt that the à ¢Ã¢â€š ¬Ã…“prima facieà ¢Ã¢â€š ¬Ã‚  test worked better and in Fellowes Son v Fisher[21] Browne LJ was particularly concerned that it was not possible to consider the balance of convenience fairly and equitably without taking into account the merits of the case[22]. On another note, Meagher argued that it is doubtful that the damages can actually be adequate in cases where the remedy of injunction is sought[23]. Indeed, the injunction is generally applied for in specific, sometimes extreme, cases to prevent the applicantà ¢Ã¢â€š ¬Ã¢â€ž ¢s potential hardship, undermining of its reputation, loss of its customersà ¢Ã¢â€š ¬Ã¢â€ž ¢ trust or loss of its business relationships and it is hard to imagine how the damages can be adequate if any of the above happens. Again, this should all be left to the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s discretion in order to allow it to do what is just and equitable. Recent considerations Since the introduction of the Civil Procedure Rules and the ensuing change of approach towards the case management, it is claimed that the Cyanamid test is not as critical as it once was, mainly because the Rules place, among other things, greater emphasis on identifying and resolving issues likely to go to hearing as early as possible[24]. In addition, following the implementation of the Human Rights Act 1998, the court in Cream Holdings Ltd v Chumki Bannerjee The Liverpool Daily Post Echo Ltd[25] held that the Cyanamid test is no longer applicable to injunction a pplication relating to the freedom of expression[26]. Conclusion The Cyanamid test is a good example of the battle happening in the courts on the most equitable methods to be used to decide the interim injunctionà ¢Ã¢â€š ¬Ã¢â€ž ¢s application, which are generally either on the merits of the case (the prima facie case) or on the balance of convenience (the serious question). It was argued that some bits of the Cyanamid test were considered too rigid and limiting the courtà ¢Ã¢â€š ¬Ã¢â€ž ¢s discretion in doing justice. As a result, whilst the Cyanamid test was acknowledged and in some cases followed by the courts, it has been frequently either avoided or subject to various exceptions, altogether with ensuing criticism and academic debate. Following the introduction of the Civil Procedure Rules, the Cyanamid test seem to have lost its edge and the Human Rights Act 1998 disapplied its application to the cases involving freedom of expression. However, at the end of the day, the Cyanamid test should not be treated à ¢Ã¢â€š ¬Ã…“as rules but only as guidelinesà ¢Ã¢â€š ¬Ã‚ [27]. As such, they seek to bring more flexibility rather than limit the discretion given to the court by equity (R v Secretary of State for Transport, ex parte Factortame Ltd[28]). Bibliography Meagher R et al, Equity à ¢Ã¢â€š ¬Ã¢â‚¬Å" Doctrines Remedies, 4th ed., LexisNexis Butterworths, Charswood, 2002 McGhee J, Snellà ¢Ã¢â€š ¬Ã¢â€ž ¢s Equity, 31st ed., Sweet Maxwell, London, 2005 Spry I, The Principles of Equitable Remedies: Specific Performance, Injunctions, Rectification and Equitable Damages, 7th ed., Sweet Maxwell, London, 2007 Cumming G, The Use of English Civil Procedure in order to Enforce European Competition Law, Civil Justice Quarterly, 25, 2006, 99-112 Keay A, Whither American Cyanamid?: Interim Injunctions in the 21st Century, Civil Justice Quarterly, 23, 2004, 133-151 1 Footnotes [1] [1975] AC 396 [2] American Cyanamid Co v Ethicon Ltd [1975] AC 396, at 408, per Lord Diplock [3] Cayne v Global Natural Resources Plc [1984] 1 All ER 225 [4] Meagher R et al, Equity à ¢Ã¢â€š ¬Ã¢â‚¬Å" Doctrines Remedies, 4th ed., LexisNexis Butterworths, Charswood, 2002, p.779 [5] [1984] AC 130 [6] [1980] 1 WLR 1252 [7] (1968) 118 CLR 618 [8] [1979] F.S.R. 337, at 365 [9] [1979] F.S.R. 208 [10] [1996] 1 All E.R. 853 [11] Spry I, The Principles of Equitable Remedies: Specific Performance, Injunctions, Rectification and Equitable Damages, 7th ed., Sweet Maxwell, London, 2007, p.466 [12] [1976] Ch 63 [13] Keay A, Whither American Cyanamid?: Interim Injunctions in the 21st Century, Civil Justice Quarterly, 23, 2004, 133-151, p.139 [14] [1979] F.S.R. 337 at 363 [15] [1990] 3 All E.R. 523 at 534 [16] [1980] 1 Q.B. 460, CA [17] [2003] 1 A.C. 1046 [18] [1979] 1 W.L.R. 1294 at 1306 [19] [1976] Q.B. 122 [20] ibid, at 133 [21] [1976] QB 122 [22] ibid, p.139 [23] Meagher R et al, Equity à ¢Ã¢â€š ¬Ã¢â‚¬Å" Doctrines Remedies, 4th ed., LexisNexis Butterworths, Charswood, 2002, p.780 [24] Keay A, Whither American Cyanamid?: Interim Injunctions in the 21st Century, Civil Justice Quarterly, 23, 2004, 133-151, p.151 [25] [2003] 2 All E.R. 318 [26] This is because s.12 of the Human Rights Act 1998, which incorporated the European Convention on Human Rights into English law, provides that no relief, including injunction, restraining the freedom of expression à ¢Ã¢â€š ¬Ã…“is to be granted so as to restrain the publication before trial unless the court is satisfied that the applicant is likely to establish that publication should be allowedà ¢Ã¢â€š ¬Ã‚ . In these circumstances, the Cyanamid test would be unsuitable (Cumming G, The Use of English Civil Procedure in order to Enforce European Competition Law, Civil Justice Quarterly, 25, 2006, 99-112, p.107 ). [27] Cayne v Global Natural Resourc es plc [1984] 1 All ER 225 at 237 [28] [1991] 1 AC 396

World War I Flying Ace Rene Fonck

Colonel Rene Fonck was the top-scoring Allied fighter ace of World War I. Scoring his first victory in August 1916, he went on to down 75 German aircraft during the course of the conflict. After World War I, Fonck later returned to the military and served until 1939. Dates:  March 27, 1894 –  June 18, 1953   Early Life Born on March 27, 1894, Renà © Fonck was raised in the village of Saulcy-sur-Meurthe in the mountainous Vosges region of France. Educated locally, he had an interest in aviation as a youngster. With the outbreak of World War I in 1914, Fonck received conscription papers on August 22. Despite his earlier fascination with aircraft, he elected not to take an assignment in the air service and, instead, joined the combat engineers. Operating along the Western Front, Fonck constructed fortifications and repaired infrastructure. Though a skilled engineer, he reconsidered in early 1915 and volunteered for flight training. Learning to Fly Ordered to Saint-Cyr, Fonck commenced basic flight instruction before moving to more advanced training at Le Crotoy. Progressing through the program, he earned his wings in May 1915 and was assigned to Escadrille C 47 at Corcieux. Serving as an observation pilot, Fonck initially flew the ungainly Caudron G III. In this role, he performed well and was mentioned in dispatches twice. Flying in July 1916, Fonck downed his first German aircraft. Despite this triumph, he did not receive credit as the kill went unconfirmed. The following month, on August 6, Fonck achieved his first credited kill when he used a series of maneuvers to force a German Rumpler C.III to land behind French lines. Becoming a Fighter Pilot For Foncks actions on August 6, he received the Medaille Militaire the following year. Continuing observation duties, Fonck scored another kill on March 17, 1917. A highly veteran pilot, Fonck was asked to join the elite Escadrille les Cigognes (The Storks) on April 15. Accepting, he commenced fighter training and learned to fly the SPAD S.VII. Flying with les Cigognes Escadrille S.103, Fonck soon proved to be a lethal pilot and achieved ace status in May. As the summer progressed, his score continued to increase despite taking leave in July. Having learned from his earlier experiences, Fonck was always concerned about proving his kill claims. On September 14, he went to the extreme of retrieving the barograph of an observation aircraft he downed to prove his version of events. A ruthless hunter in the air, Fonck preferred to avoid dogfighting and stalked his prey for prolonged periods before striking quickly. A gifted marksman, he often downed German aircraft with extremely short bursts of machine gun fire. Understanding the value of enemy observation aircraft and their role as artillery spotters, Fonck focused his attention on hunting and eliminating them from the skies. Allied Ace of Aces During this period, Fonck, like Frances leading ace, Captain Georges Guynemer, began flying the limited production SPAD S.XII. Largely similar to the SPAD S.VII, this aircraft featured a hand-loaded 37mm Puteaux cannon firing through the propeller boss. Though an unwieldy weapon, Fonck claimed 11 kills with the cannon. He continued with this aircraft until transitioning to the more powerful SPAD S.XIII. Following Guynemers death on September 11, 1917, the Germans claimed that the French ace had been shot down by Lieutenant Kurt Wisseman. On the 30th, Fonck downed a German aircraft which was found to have been flown by a Kurt Wisseman. Learning this, he boasted that he had become the tool of retribution. Subsequent research has shown the aircraft downed by Fonck was most likely flown by a different Wisseman. Despite poor weather in October, Fonck claimed 10 kills (4 confirmed) in only 13 hours of flying time. Taking leave in December to be married, his total stood at 19 and he received the Là ©gion dhonneur. Resuming flying on January 19, Fonck scored two confirmed kills. Adding another 15 to his tally through April, he then embarked on a remarkable May. Goaded by a bet with squadron mates Frank Baylies and Edwin C. Parsons, Fonck downed six German aircraft in a three-hour span on May 9. The next several weeks saw the Frenchmen rapidly build his total and, by July 18, he had tied Guynemers record of 53. Passing his fallen comrade the next day, Fonck reached 60 by the end of August. Continuing to have success in September, he repeated his feat of downing six in one day, including two Fokker D.VII fighters, on the 26th. The final weeks of the conflict saw Fonck overtake leading Allied ace Major William Bishop. Scoring his final victory on November 1, his total finished at 75 confirmed kills (he submitted claims for 142) making him the Allied Ace of Aces. Despite his stunning success in the air, Fonck was never embraced by the public in the same way as Guynemer. Possessing a withdrawn personality, he seldom socialized with other pilots and instead preferred to focus on improving his aircraft and planning tactics. When Fonck did socialize, he proved to be an arrogant egotist. His friend Lieutenant Marcel Haegelen stated that though a slashing rapier in the sky, on the ground Fonck was a tiresome braggart, and even a bore. Postwar Leaving the service after the war, Fonck took time to write his memoirs. Published in 1920, they were prefaced by Marshal Ferdinand Foch. He also was elected to the Chamber of Deputies in 1919. He remained in this position until 1924 as a representative for Vosges. Continuing to fly, he performed as a racing and demonstration pilot. During the 1920s, Fonck worked with Igor Sikorsky in an attempt to win the Orteig Prize for the first nonstop flight between New York and Paris. On September 21, 1926, he attempted the flight in a modified Sikorsky S-35 but crashed on takeoff after one of the landing gears collapsed. The prize was won the following year by Charles Lindbergh. As the interwar years passed, Foncks popularity fell as his abrasive personality soured his relationship with the media. Returning to the military in 1936, Fonck received the rank of lieutenant colonel and later served as Inspector of Pursuit Aviation. Retiring in 1939, he was later drawn into the Vichy government by Marshal Philippe Petain during World War II. This was largely due to Petains desire to utilize Foncks aviation connections to Luftwaffe leaders Hermann Gà ¶ring and Ernst Udet. The aces reputation was damaged in August 1940, when a spurious report was issued stating that he had recruited 200 French pilots for the Luftwaffe. Eventually escaping Vichy service, Fonck returned to Paris where he was arrested by the Gestapo and held at the Drancy internment camp. With the end of World War II, an inquiry cleared Fonck of any charges pertaining to collaboration with the Nazis and he was later awarded the Certificate of Resistance. Remaining in Paris, Fonck died suddenly on June 18, 1953. His remains were buried in his native village of Saulcy-sur-Meurthe. Selected Sources First World War: Rene FonckAce Pilots: Rene FonckThe Aerodrome: Rene Fonck

Essay about The Time Machine A Social Critique of...

H G Wells was cynical of the Victorian class system and thoroughly disapproved of the way people were segregated, according to their wealth. Wells disagreed with England’s capitalist views, as he himself was a socialist. His novel The Time Machine is primarily a social critique of Victorian England projected into the distant future. He has taken segregation to its extremes and shows how far human evolution will go if capitalism continues unhindered. On travelling to the future he finds that this new world is not what he expected, as he feels vulnerable and ‘naked in a strange world.’ (Page 26) This panic then quickly transforms into frenzy as he then meets the Eloi who were all that he despised, creatures who were frail, had lost†¦show more content†¦This is like the Nineteenth Century as the upper class Victorians would walk about carefree as children have the freedom to do. This could be trying to convey that the upper class who have never had to work have not yet had a chance to fully grow up and work for a living. Whilst describing the Eloi Wells mentions their ‘small ears’ (Page 29) and ‘soft little tentacles’ (Page 28), this is because the theory of evolution was an amazing discovery in the nineteenth century and Wells has shown how the Eloi have adapted using the concept of natural selection. They have become frail and fragile creatures that are afraid of the dark because they have missed out on having to work to survive, which are the complete opposite of their fellow inhabitants the Morlocks. This relates back to Wells’ society, the rich upper class who had never experienced hard labour were not as tough and more vulnerable as opposed to those who worked in order to survive. The Time Traveller in the story is ‘disappointed’ (Page 63) with these creatures as this is not evolution it is regression, instead of the human race growing older and adapting they are in fact slowly returning to a child like state. 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Short Story - 750 Words

After talking to Lucy, Seth spent the rest of the evening at his favorite pastimes: drinking, throwing up, drinking, watching television, drinking while watching television, throwing up some more, a sudden round of cold chills, and drinking. The new television was one he had scored from a Craigslist ad he came across after having left from his visit with Dr. Stevens. It was one of those now out-of-date projection TVs people seemed to be always trying to get rid of in exchange for the more modern flat screens LCD that are much lighter and have a better quality picture and sound. That was just fine by Seth, though. The new boob tube may have been a nuisance to its previous owner, but it was still better than the last one he had and at a†¦show more content†¦You’re just sitting there on your duff as usual, getting stoned, and playing those stupid games.† â€Å"Alright, calm down, honey,† Seth defended, barely taking his eyes from his game to address how upse t his girlfriend was becoming. â€Å"I’ll pick a new tie up tomorrow and I’ll spend the whole day hitting the streets looking for work. I’m sure something will come along.† â€Å"Well, Seth, you better!† Lucy cried. â€Å"I don’t know if you’ve ever put down that damn game and the dope long enough to realize this, but do you see how big my belly has been getting lately? Do you know why that is? It’s because there’s a baby growing inside of me. In three months we’re going to be parents, Seth†¦ you’re going to be a father. â€Å"Is that what that is?† Seth proclaimed. â€Å"Oh, thank God. I didn’t want to say anything before because I didn’t want to hurt your feelings, but I had honestly thought you’ve been really letting yourself go lately.† â€Å"Shut up, Seth,† snipped Lucy, â€Å"this isn’t funny. I’m near the end of my second trimester and I should by now be taking it easy at this point for the sake of our baby, but I can’t. I have exams next week that I need to study for, but I can’t find time to do that either, because the rents due on the first and all of our other bills need to be paid, and the refrigerator is empty again. 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This story would be considered a gothic short story because of its use of setting, theme, symbolism, and literary devices used to portray the horror of a missing six-year-old girl. Plot is the literal chronological development of the story, the sequence of events

College football playoff free essay sample

College Football Playoff System 43% of Americans say that football is their favorite sport to watch, more than three times than any other sport said an article on ProCon. Org. In 2008 a record 37. 5 million people attended a college football game to cheer on their team in hope of a championship season. (ProCon) As the players push themselves as hard they can go and the fans cheer as loud as they can; they often come to the end of a great season to be denied by the BCS system. In 1998 the Bowl Championship Series (BCS) was designed to take the top two BCS-ranked college football teams to play each other in national championship while eight other top teams play in four bowl games. (ProCon) As other bowls have grown around the BCS games we are currently at 34 bowl games at the end of every college football season. Each year 68 go into the bowl games giving us 34 winners every year. We will write a custom essay sample on College football playoff or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page What does this accomplish? Who is the best college football team in the nation if there are 34 teams that end the season as champs? College football needs to have a post-season playoff system, as most other sports do, to prevent the hard working undefeated teams from getting left out and to determine one true champion. The Super Bowl: the grand-daddy of all football games. Im sure most people around the U. S. know what the Super Bowl is, even if they dont watch football. In order for the two teams to make it to the Super Bowl, they went through the playoffs. With thirty-two teams in the league each team must fght for the playoffs of twelve teams. The playoff tournament is a sudden death tournament. You lose, you go home. FCS (football championship subdivision), Division II, and Division Ill all end their regular seasons with playoffs systems as well. Beginning in 1967 with the NFL nd picking up in 1978 in FCS the playoffs have worked so well with these football leagues. When comparing almost all other sports including NBA and college basketball, MLB and college baseball, and major league and college lacrosse each of these athletic clubs end their seasons with some sort of post-season playoff system. College basketball has huge success in their playoff system called March Madness. March Madness is a 64-team playoff at the end of each season in college basketball to declare the National Champion. The fans love when March Madness rolls around every year. Not saying we need a playoff as large in size as March Madness but college football needs to get on their game and see that if playoffs work so well in all other sports it could work for them as well. As referred to earlier the BCS was formed to pit the top two college football teams against each other each season for the national championship title. Are these teams always the best two teams though? Fans argue that the teams selected to play for the National Championship are not always the two best teams. The University of Utah (in 2004 and 2008) and Boise State University (in 2006 and 2009) were excluded from he national championship game despite being undefeated while teams with one or more losses played for the national title. Although the argument can be made that Utah and Boise State dont play as strong ot opponents during their season, they still should not be punished for playing their hearts out and fghting for an undefeated season. Since 1998, 11 undefeated teams have been excluded from the BCS National Championship game while teams with one or more losses were included. Ten of those eleven teams where non-BCS schools, which are teams that dont play in the ajor six conferences (ACC, Big 12, SEC, Big East, Big Ten, and, Pac 12), teams such as Boise State, TCU, and Utah. Furthermore a non-BCS team has never been toa national championship. How can people make the argument that these non-BCS teams do not play high quality teams if they have never had a chance to play them? The one other team apart of that eleven was the undefeated 2004 Auburn Tigers team. Auburn began their season very low in the ranking not expecting a big season. As they fought and pushed with all they had to complete their season with an undefeated record of 13-0, they were denied a chance at a national title because of he undefeated seasons that USC and Oklahoma also had. (ESPN, Auburn) The BCS has ended the chances for all eleven of these teams to prove that they could have been the best team in the nation in these seasons. Having the playoff system will give the ability for these teams like Boise State and Auburn to fght for their chance at a national title. What do college football bowl games accomplish? With 34 bowl games in the end of each season 68 teams out of the 120 teams are allowed to compete for the top 34 spots in the nation. Ending the season with 34 champs every year. How we are atisfied with 34 teams as the champions at the end of each season we need to get this playoff system reworked so we can have the opportunity to call the final team at end a true champion. After over 140 years without a playoff system, the BCS Presidential Oversight Committee approved a four-team college football playoff on June 26, 2012. The new Football Bowl Series (formerly Division I-A) playoff is scheduled to begin in the 2014-15 season and continue through the 2025 season. (Dinch) According to the BCS, a selection committee will decide which teams will participate in the playoff. Decision factors include win-l oss record, strength of schedule, head-to-head results, and whether a team is a conference champion. Dinch) The semifinals will rotate among current bowl sites, and the national championship game will be hosted in the city that places the highest bid. An ESPN poll with 112,252 participants found that 77% said the four-team playoff was the right move for college football, but 61% said eight teams would be ideal. (ESPN, ProCon) The four-team playoff is a good start in the right direction, but hopefully it will expand to eight teams or maybe even sixteen in the future, similar to college asketballs sweet 16. Many augments have and will continue to be made about the college football playoff system. The conferences will lose out on the connection by having their champion in a BCS bowl every season. Messing up many contracts with aligned with teams and conferences and conferences with bowls. A lot of people say they enjoy having all the bowl games to watch. The college football post-season bowl games are very popular and profitable. Most all bowls sell out and even some exceed their seating. In 2008 the Rose Bowl the capacity was 91,000 and the attendance was 3,293. Although the bowl games are very popular and the risk of extending the season longer witn a playott system, the playott is whats best tor college tootball. College football needs to have a post-season playoff system, as most other sports do, to prevent the hard working undefeated teams from getting left out and to determine one true champion. The start they have made with the four-team playoff to start in 2014 is moving in the right direction. Hopefully the future will have an increase in the number of teams to eight or sixteen. Pushing away from ending each eason with 34 teams as champs is something to look forward to.

Canadian Writer Sinclair Ross

Question: What is the Eminent Canadian Writer Sinclair Ross? Answer : Introducation Published in the year of 1941, the novel often referred to as a classic novel, As for me and My House, is written by the eminent Canadian writer Sinclair Ross [1]. Often regarded as the mainstream of the English Canadian writing, the novel revolves around the life of Mrs. Bentley whose narration spanning over a year suggests how the false- fronted lives she encounters in her life resembles the false-fronted stores of Horizon, a small Saskatchewan town, she has been trying to make a living with her husband, an artist turned minister Philip Bentley. While most of the critics tend to discuss the novel in the light of the character of Mr. Bentley, a failed minister as well as a potential artist, it is the daily challenge that Mrs. Bentley encounters on a regular basis that leaves a poignant note behind. As the critic John H. Ferres has pointed out the major challenge encountered by Mrs. Bentley has been the lack of communication with her husband. Mrs. Bentley literally strives to crave her identity, feels the need to be heard, amidst the desolate wilderness of the prairie and yet all in vain. Her co-dependent relation with her husband, who shuts her out continually, despite her efforts to attract his attention and yet her failure to express herself early without protesting through her journal, is the major challenge Mrs. Bentley encounters in the novel. Mrs. Bentley fails to communicate her depressed and despondent state of mind, as she relies on behaving the womans way, overlooking advices from neighbours like Mrs. Bird. Mrs. Bentley remains a docile woman, who fails to protest against her husbands lack of devotion towards her, except in a passive-aggressive way whereby she records events in her journal. However, that is in itself representative of the moral weakness of a woman who fails to stand up and express her feelings, grudges and desires before her husband, and thus chooses the silent way. In order to respond to the challenge of her life, Mrs. Bentley writes her diary or turns her attention to play the piano as part of her lifetime pursuit. It is to be noted that unlike the protagonist Ellen of The Lamp at Noon, Mrs Bentley does not stand still and motionless near the window once her husband is out, and rather she tries to create her own space in her life and search for a purpose to live further [2]. However, it is equally important to note that despite the latent feminist subconscious mind she possesses, Mrs Bentley suffers from a sense of oppression that tends to stifle her independent personality each day. She finds herself stuck in a harsh, patriarchal society where she tends to find the meaning of her husband through the approval of a male-dominated society. She accepts the social division of labour, and deems it right to stop doing the male work, blames herself for not being able to bear the child for which her husband had to adopt a child amidst poverty. She res ponds to the challenge of her life, by marginalizing her position, and surrendering her own dignity and self-esteem, while letting Philip be the man about the house[3]. Mrs Bentley is well-aware of the tensed relation existent between herself and her husband, and yet her sense of possessiveness, prevents her from communicating the issue to her husband. She could express herself more fiercely and aggressively had she been able to convey her thoughts directly to Mr. Bentley, rather than writing them down in the diary. She always has responded to the challenge of her life in a passive way, whereby she invites Paul or other people repeatedly only because she feels that the arrival of a new person in the house can defuse or obscure the marital tension[4]. In this way, her inability to communicate remains a major barrier to her prospect of leading a free life, and the way she manages or rather tries to respond to these challenges, shows merely the aggressive side of her life. While Philip is being continually compared with a horse, with a free, independent and untamed spirit, the reader finds Mrs. Bentley trying, to subdue a man, to bind him to her [5]. S he tries to be a good wife, while losing her voice, her independence and freedom, and this in turn transforms her life into a void, involving an infertile, barren situation. To conclude, it is to be noted that Mrs. Bentley encounters the problem of a disturbed marital life, not merely because her husband is unresponsive, but also because in her effort to act in the womans way, she fails to communicate her desires and needs, both sexual and emotional, to her husband. She can only think of inciting jealousy in her husband or look out vigilantly for her competitors, instead of re-constructing herself, and this is the only challenge she confronts that prevents her from seeking a better life. Reference List: Mandell, Nancy, and Jennifer L. Johnson. "RACE, CLASS, AND SExUALITY." (2016). Sorensen, Sue. "He thinks hes failed Representations of Christian Clergy in English Canadian Fiction."Studies in Religion/Sciences Religieuses43.4 (2014): 553-574. Thieme, John. "Writing Region: Robert Kroetsch and the Poetics of Prairie Space."Margins3.1 (2014). Van Herk, Aritha. "A gentle circumcision."Kunapipi7.2 (2017): 10. Van Herk, Aritha. "Women writers and the prairie: Spies in an indifferent landscape."Kunapipi6.2 (2016): 4. [1] Van Herk, Aritha. "A gentle circumcision."Kunapipi7.2 (2017): 10. [2] Thieme, John. "Writing Region: Robert Kroetsch and the Poetics of Prairie Space."Margins3.1 (2014). [3] Van Herk, Aritha. "Women writers and the prairie: Spies in an indifferent landscape."Kunapipi6.2 (2016): 4. [4] Mandell, Nancy, and Jennifer L. Johnson. "RACE, CLASS, AND SExUALITY." (2016). [5] Sorensen, Sue. "He thinks hes failed Representations of Christian Clergy in English Canadian Fiction."Studies in Religion/Sciences Religieuses43.4 (2014): 553-574.