Fantasy Trading and Legality Thereof

Fantasy Trading and Legality Thereof ABSTRACT Regulators are at a crossroads. On one hand, innovation in businesses should not be stifled by excessive and outdated regulation. On the other hand, there is a real need to protect the users of these services from fraud, liability and unqualified service providers. This predicament is far more complex than it seems, since regulators are confronted here with an array of perplexing questions. Firstly, can these practices be qualified as innovations worth protecting and encouraging? Secondly, should the regulation of these practices serve the same ends as the existing laws for equivalent commercial services? Thirdly, how can regulation keep up with the evolving nature of these innovative practices? The answer to these questions has a single answer Very little is known about the socially effective ways of consistently regulating and promoting innovation. This article deals with the legality of fantasy trading using tests, various schools of thought and a comparative analysis, among othe r things. Additionally, the article also seeks to delve into the question of regulation per se. That is to say how much regulation, if any, is just and apt keeping in mind that the world is now brimming with innovation than ever before. In a global context, are fantasy trading and especially fantasy sports trading a harmless distraction or an unregulated business area poised to be a multibillion-dollar industry or both? Do fantasy trading and illegal betting fall in the same moral spectrum? These questions, among others, are pertinent to note because of this simple reason Demographics. Nearly 57 million people play fantasy sports in the U.S and Canada alone[1]. Backdrop: The issue of legality In early October 2015, the biggest scandal to hit the young fantasy sports industry was reported by the New York Times. An employee at Draftkings, a Boston-based daily fantasy website, released privileged fantasy draft information before the start of the third week of the National Football League (NFL) season. This employee won $350,000 that same week at FanDuel, a rival daily fantasy website hailing from New York.[2] FanDuel and DraftKings have become the two biggest entities in the fast-growing daily fantasy sports industry. DraftKings alone expected to pay out $1.2 billion in cash prizes in 2015.[3] Industry estimates anticipate that $2.6 billion in contest entry fees will be paid this year across the industry and that by 2020 partaking will rise up to $14.4 billion. In July, Fox Sports, one of the biggest TV Networks, led a $300 million funding round for Draft Kings.[4] Despite this, not all was hunky dory for the fantasy sports industry as the events of October had a tremendous impact on daily fantasy sports websites. Eric Schneiderman, Attorney General of New York demanded DraftKings and FanDuel to stop accepting New York-based players, as their games constituted illegal gambling under New York state law. Joining the bandwagon, Attorney Generals in five other states declared that the daily fantasy games are a form of gambling or illegal under state laws. The states include Texas, Illinois, Hawaii, Vermont and Mississippi. Offering a differing view, Rhode Islands attorney general declared the activity legal but said it needs to be regulated. On October 8th, a class action lawsuit was instituted in a New York federal court alleging that the two companies fraudulently induced players to pay money for contests without proper acknowledgement that company employees could play the contests with privileged information giving an impression of Insider Tradi ng[5]. Nevada has banned both sites from operating in-state until the companies, and their employees, receive state gambling licenses an action that would officially mark daily fantasy sports as gambling operations in the US[6]. This presents a challenge to legal scholars and policy makers as under federal sports betting laws in the U.S, sports gambling is deemed illegal in all states except four[7]. Even under the Interstate Wire Act of 1961, it is illegal for sports gambling information to be transferred across state lines unless both states have a legalized sports gambling regime. In Australia, there is a segregation between fantasy trading games which are permitted by Australian Securities and Investments Commission (ASIC) and the ones operating without any such license provided by ASIC. Such games are warned by the ASIC[8]. According to the ASIC, fantasy stock trading firms could be flouting the law if they incentivize or reward real trades. Additionally, firms facilitating such trading must obtain an Australian Financial Services license. The Securities and Exchange Board of India (SEBI), on August 30, 2016 issued a press release[9] warning investors about such schemes. It further clarified that these schemes are neither approved nor endorsed by SEBI or any other SEBI recognized exchange. Furthermore, in its caveat, it also stated that the benefits generally available to an investor such as the dispute resolution mechanism as well as the grievance redressal mechanism would not be available to the concerned participant. Similarly, even the Bombay Stock Exchange issued an advisory against such leagues/competitions and schemes etc.[10] ANLYSIS AND EXAMINATION OF ITS LEGALITY It is the authors submission that it is detrimental to declare a budding and more importantly an innovative industry illegal without qualification. Unfortunately, there are currently no laws for fantasy trading and fantasy sports companies. In the US, if a website qualifies as a fantasy sports provider under the Uniform Internet Gambling Enforcement Act (UIGEA), so long as the website fulfills three statutory obligations, it is notconsidered to be a gambling transaction and is therefore free from all of the regulations and restrictions gambling law provides[11]. An evergreen comparison in the spheres of law, public policy and economics is at of securities trading and sports gambling. Many investors buy stock for the same reasons that gamblers may choose certain slots machines, lottery numbers, or squares on a roulette table, or choose to bet or fold a certain poker hand.[12] Findings by scholars like Christian Hurt conclude that, despite being structurally different, sports betting and the securities market are not very different when it comes to the balance of chance and skill required to be successful in either. It is the submission of the author that it is conceivable to place fantasy football into a comparison between sports betting and securities exchanges. At this juncture, it is imperative to note that the business model of fantasy stock trading is largely similar to fantasy sports trading. The position of law in the USA with regards fantasy trading is fascinating. Fantasy trading is legal in the US but is largely unregulated by the Securities Exchange Commission (SEC). The process of creating a regulatory framework for this industry is underway[13]. Despite a strict prohibition on sports betting in the US, the Congress has not touched upon, rather intentionally, online fantasy sports. To illustrate, in 2006 Congress passed the UIGEA. The Act made it illegal for those engaged in the business of betting or wagering to knowingly accept funds connected to illegal internet gambling. But the Act creates an explicit exception for fantasy sports games[14]. The exception enunciates: (I) All prizes and awards offered to winning participants are established and made known to the participants in advance of the game or contest and their value is not determined by the number of participants or the amount of any fees paid by those participants. (II) All winning outcomes reflect the relative knowledge and skill of the participants and are determined predominantly by accumulated statistical results of the performance of individuals (athletes in the case of sports events) in multiple real-world sporting or other events. (III) No winning outcome is based (aa) on the score, point-spread, or any performance or performances of any single real-world team or any combination of such teams; or (bb) solely on any single performance of an individual athlete in any single real-world sporting or other event.[15] Hence, games based upon the performances of several individuals/teams over several games, set prizes and the relative knowledge and skill of participants prevent fantasy trading from being deemed as gambling operations and illegal. It is the opinion of the author that it is paramount to examine whether fantasy trading constitutes illegal online betting. Erick Lee, for example, opines that fantasy games do not constitute illegal betting, nor are such games plagued with the same public policy problems as traditional gambling only restricted statutory regulation within hypercompetitive [high payout] fantasy leagues should be enacted.[16] On the contrary, Nicole Davidson distinguishes between Games of Chance and Games of Skill and determines that fantasy sports rely on chance more than skill. This, tied with the entrance fee consideration most participants pay, may put fantasy trading in conflict with federal and state laws, Davidson argues.[17] For sake of our analysis, reference has been made to a particular framework computed by scholar Christine Hurt. To Hurt, attempts to distinguish most any kind of gambling from most any kind of investing are illusory.[18] She thus rejects the traditional distinction, still used by courts today, of games of chance versus games of skill and replaces it with a spectrum of speculation ranging from games of pure chance to games of pure skill.[19] According to Hurt, Sports Betting, Stock Trading, and Insider Sports Betting all sit right in the middle, between Pure Chance and Pure Skill. She also finds trading in derivatives markets, and day-trading, to be more based in chance than sports betting; meanwhile, illegal insider sports betting and insider stock trading are more based in skill than individual stock trading.[20] In an analysis of where fantasy sports, particularly daily fantasy sports, sits on this spectrum, the answer falls lies between sports betting, stock trading, and insider s ports betting. It is difficult to come up with many legitimate reasons to ban sports gambling on one hand, but allow stock trading on the other. Hurt points to dated arguments for paternalism, social order, and morals as reasons for historys disdain for gambling. Arguments against gambling may focus on the immorality of either striving to achieve something without earning it or worshiping luck and therefore straying from monotheistic Judeo- Christian teachings.[21] Truth be told, determining figuring out a regulatory environment for fantasy trading through the lens of social policy and moralistic arguments is a messy affair. I would now analyze the structure of fantasy trading in order to determine its legality. The determination would be based on three facets operational, contractual and regulatory. The author would also look into the legalities of gambling as it falls in the same domain as the securities market and fantasy trading. It is pertinent to note that fantasy stock trading closely mirrors the Securities Market. The service provider manages the information they receive, publishes it selectively and profits based off the information they provide. Lets analyze fantasy trading using a three prong test. First, an examination of the operational structure of a fantasy trading transaction shall be done- who participates, who aids the transaction, in whose control the information is, timeline, expenses and changes made to the contract etc. Second, the contractual consideration is perused. Thirdly, the regulatory framework surrounding the transaction and the industry shall be looked into. We would be l ooking into the fantasy trading industry and regulations of the US, as there exists little legal literature on this subject matter in India. The Competition When it comes to stakeholders, there exist four of them. Participants are the ones who compete in the fantasy leagues. Host sites are the websites where information, news updates and statistics are stored and released. Commissioners oversee the league rules and solve disputes amongst players. Treasures collect money from the participants. However, due to multiple roles assumed by one stakeholder, effectively, there exist only two stakeholders the participants and the hosting website. Needless to say, the structure of the competition bears a resemblance to internet gambling and stock trading. The Consideration All participants pay entry fee. Participants can be denied at the behest of the commissioners/treasurers. The participant provides money in exchange for the chance of greater winnings. This is problematic as this is what makes one instantly compare illegal gambling with fantasy trading. In exchange, the website, provides as consideration the information available on their website, a stake in the prize and other website functions. Under terms of use websites also require participants to agree to all terms, including age limits, refund policies and conditions of participation. This generally exists by way of Standard Form Agreement. The Regulatory framework Much of the current controversy surrounding daily fantasy sports is centered on the exceptions that allow fantasy sports sites to operate despite federal antigambling laws.[22] Other laws that have put a blanket ban on online sports gambling have not been applied to fantasy sports. Despite the 1961 Wire Act, it has not been applied to fantasy sports leagues. There is no indication that any fantasy sports companies are banned under the Illegal Gambling Business Act. MEASURES: THE BEST FOOT FORWARD A complete ban is strict no-no because of its economic consequences. Banning, I believe, sends across a specious message to innovators. However, the author does understand the number of challenges these innovative practices poses on regulators. The first question to be asked here is when should fantasy trading be considered economically and legally relevant? How can the regulators strike the balance between the advancement of innovation and protection of customers from fraud and liability? A monstrous problem with any regulator across the world, I believe, is the misapplication of legal tools in innovative practices. Ex: Fixing tariffs by way of regulations for disruptive business models such as Ola and Uber is counterproductive to the innovation ecosystem.[23] To conclude, the formula has been: Changed Game + Same Rules = Game Over Other option, albeit risky, is that of self-regulation. The fantasy sports trading industry is the US is largely self-regulated. This is depicted in the age restriction and other terms of use. Furthermore, employees of the company or immediate family members of said employees; employees of any competing fantasy sight and any immediate family member; employees of any sports governing body that has access to privileged information or is barred from participating in sports bets; and more are prohibited from entering a contest.[24] There are a few rules designed to protect participants from frauds. But, the problem with self-regulation is that in a country like India this form of governance is unprecedented. More so, we do not know how the industry enforces these rules. For example: When it comes to enforcing the employee ban on participation, the scandal in the world of fantasy trading was created by an employee who won $350,000 by playing at another, rival site. CONCLUSION An important facet to fantasy trading that places it in the legal gamut is negotiability. Without negotiability which means the ability to raise the stakes or change the nature of the investment, any skill the participant may bring on the table is futile. They are left to the fancies of chance. For example: Stocks are negotiable. That is to say while the terms of the stock may be fixed at any time they can buy more stock or sell stock. They can even wield influence over the company. Likewise, in fantasy sports trading, participants can trade athletes with other with other participants or auction for new athletes. They exercise a lot of influence over negotiating their stake in the league. Fantasy trading is the middle grounds of share trading which is legal and online betting games like sports betting which is largely illegal. The more interested parties join in this industry, the tougher it will be to criminalize fantasy trading. The state views skill based games as legal and greater the needle points towards worshipping luck, the more chances of the game being deemed illegal. It is my opinion that Fantasy trading is completely legal so long as these games have longer timeframes, modest jackpots and smaller groups of participants. Games with short timeframes, giant jackpots and large participation come close to illegal gambling. Final thoughts are that we need some framework of regulation. An absolute ban is a thumb down. A policing system must be put in place to forbid employees from using potential privileged information to win big, ensuring that service providers are fairly handling the entry fee and distributing awards and checking for conflicts of interests between participants among other things. A robust dispute resolution mechanism is required in order to keep fantasy trading a legitimate and benign industry. ************* [1] http://fsta.org/research/industry-demographics/ [2] Joe Drape and Jacqueline Williams, Scandal Erupts in Unregulated World of Fantasy Sports. NYTIMES.COM, Oct. 5, 2015. [3] Bob Hohler, An uncertain line between fantasy sports, gambling. BOSTONGLOBE.COM, Aug. 2, 2015. [4] Dustin Gouker, Are FanDuel and DraftKings Television Partnerships All Locked In After Summer Flurry? LEGALSPORTSREPORT.COM, Aug. 12, 2015. [5] Supra n. 2. [6] Joe Drape, DraftKings Continues to Operate in Nevada NYTIMES.COM, Oct. 18, 2015. [7] Andew Vacca, Sports Betting: Why the United States should go all in. Willamette Sports Law Journal. [8] Georgia Wilkins, Fantasy Stock trading in ASIC sights. THE SUNDAY MORNING HERALD, March 28, 2016. [9] http://www.sebi.gov.in/sebiweb/home/detail/34568/yes/PR-SEBI-CAUTIONS-INVESTORS [10] http://www.bseindia.com/news_section/atten_investors.htm [11] Marc Edelman, A Short Treatise on Fantasy Sports Harvard Journal of Sports and Entertainment Law 35 (2012) [12] Christine Hurt, Regulating Public Morals and Private Markets: Online Securities Trading, Internet Gambling, and the Speculation Paradox, 86 B.U.L. Rev. 371 [13] https://www.sec.gov/oiea/investor-alerts-bulletins/ia_fantasytrading.html [14] Marc Edelman, A Short Treatise on Fantasy sports and the Law: How America regulates its new national pastime, 3 Harv. J. Sports Ent. L. Rev. 1, 37 (2012). [15] 31 U.S.C.A. ÂÂ §5362 (2006). [16] Erick S. Lee, Play ball! Substituting Current Federal Non-regulation of Fantasy sports leagues with limited supervision of hyper-competitive leagues, 29 Loy. L.A. Ent. L. Rev. 53, 87 (2008-2009). [17] Nicole Davidson, Internet gambling: should Fantasy sports leagues be prohibited? 39 San Diego L. Rev. 201, 228-229 (2002) [18] Christine Hurt, Regulating public morals and private markets: Online securities trading, internet gambling, and the speculation paradox, 86 B.U.L. Rev. 371, 377 (2006). [19] Christine Hurt, Regulating public morals and private markets: Online securities trading, internet gambling, and the speculation paradox, 86 B.U.L. Rev. 371 (2006). [20] Id. at 378. [21] Id. at 402. [22] Marc Edelman, A Short treatise on Fantasy sports and the Law: How America regulates its new national pastime, 3 Harv. J. Sports Ent. L. Rev. 1, 37 (2012). [23]Akshay Deshmane, Delhi readies policy to fix tariff ceiling for Uber, Ola ECONOMICTIMES.INDIATIMES.COM, Aug. 11, 2016. [24] Draftkings Terms of Use, https://www.draftkings.com/help/terms.; Fanduel Terms of Use, https://www.fanduel.com/terms.

Is the National School Lunch Program a Success or Failure? Essay

Recently there has been revisions to the National School Lunch Program (NSLP) and schools were required to overhaul their entire menus to provide the students with healthy and nutritious foods including fruits and vegetables. The new school lunch rules are part of the Healthy, Hunger-Free Kids Act of 2010 which has been implemented this fall. (Post Standard) The Hunger Act allows the USDA the opportunity to make reforms to the school lunch and breakfast programs. With these revisions come strict guidelines from the federal government that each school district must follow in order to receive funding and reimbursement (National School Lunch Program, 2012, August p. 1). In this essay i will be comparing the positive and negative effects of these recent revisions to the NSLP. I will then discuss whether or not these changes are beneficial to the children receiving the meal and whether NSLP is leaving children hungry or helping children make healthy food choices. The NSLP was established by President Truman in 1946 and has expanded ever since (Congressional Digest, 2010, p. 292). In its first year of the program 7.1 million children participated in the NSLP. Today, thirty-one million children each day get their lunch through NSLP. The cost of this program is approximately $6.1 billion annually and continues to rise with the cost of food (Congressional Digest, 2010, p. 293). The new NLSP standards aim to combat childhood obesity, malnutrition and educate children on how to make healthy food choices. The requirements for kindergarten to fifth grade are as follows: limited sodium and saturated fat, must be trans-fat free,  ½ cup of fruit,  ¾ cup serving of vegetables, 8 oz of fat free milk, 8-10 ounces of meat/meat alternates a week or 1 ounce daily, and 1 oz serving a day of grains and half of the grains offered per week must be whole grain. The calorie range for a lunch, kindergarten through fifth grade is a minimum 550 calories and the maximum is 650 calories. Schools are also required to serve  ½ c dark green,  ¾ c red/ orange, 1/2c legumes and 1/2c starchy vegetables weekly. The revisions have increased the fruits by a  ½ c, vegetables by  ¼ c, decreased the meat from 2 oz to 1 oz, and milk must be fat free or 1% low fat ( Dietary Guidelines 2012). These revisions have been met with positive and negative responses. I decided to discuss this by interviewing Terry Warwick the Director of Food Services at my son’s school Granby Elementary. She is responsible for planning and implementing the changes from the NSLP. She designs the menu, orders the food and continues to attend workshops to stay current with the new guidelines. The first question i asked was, what difficulties did you have implementing the changes to NSLP? She explained that it is difficult to meet the needs of all students with one standard. Many students such as athletes require more calories, so they leave the cafeteria hungry. The school cannot discriminate one group of students over another, so they encourage the students to take everything offered not skipping fruits and vegetables. I then asked her if they are noticing a lot of food waste, students taking the extra fruits and vegetables and then throwing them out. She replied that the students are hungry at lunch, they want to eat therefore they haven’t seen very much waste. Students are given the choice of fruits and vegetables they can refuse two but are required to take three and if they want they can take all fruits and vegetables offered. Terry Warwick informed me that the cost of buying lunch had gone up twenty five cents from last year, i asked her if this is a result of the changes to the NSLP and she said yes. The cost of fruits and vegetables has escalated so they had to increase the cost of lunch. The government subsides our school by $1.50 per meal served if they meet the NSLP requirements. She explained the new guidelines are very strict and require a specific computer program to follow all restrictions based on color, food and serving size. She has seen many positive results to these changes including students are trying more fruits and vegetables that they don’t always get at home. Students are learning to make healthy choices and it is encouraged to see them load up on fruits and vegetables (Interview Terry Warwick, 2012, November, 15). I found this interview very informative. As a parent I was very pleased to know the amount of effort that is being made to plan and prepare the lunch that is served at my son’s school. The changes to the NSLP have had many positive effects on the students that can be seen in their daily performance at school. Children who eat healthy perform, learn, have more energy and are generally happier kids. It is reassuring as a parent to know your child is eating healthier foods at school. The main focus of the NSLP is to teach children to make healthy choices and help combat childhood obesity. Students are learning to eat more fruits and vegetables and to try things they might not have at home. They are more likely to be fit and active and participate in activities like school sports, develop socially and have self confidence. The revision to the NSLP have also had some negative effects on students and parents. Students who do not eat enough fruits and vegetables leave the lunchroom hungry. Parents have children coming home from school starving and this is when the complains begin. Many students who are athletic require more calories than they are given and therefore, needs are not being met by the new NSLP revisions. A recent article in the Post Standard talks about the boycott a student has organized at our local high school. This student is trying to bring attention to this growing problem of students still being hungry after lunch. He states â€Å" 850 calories is ridiculously low,† he said. â€Å"If you get salad, it’s just lettuce and the green beans don’t taste good. So it means I come home and binge eat because I’m so hungry.† (The Post Standard, 29 Oct. 2012). This boycott has been especially difficult for students who receive free lunch. Peer pressure has prevented some from getting sometimes the only meal they eat that day. Another big problem is the decrease in entree size, foods such as meatballs portions have been cut in half so instead of 4 meatballs they get 2. Some articles written on this have said there is a big percentage of food waste especially in high schools as much as 30%. Schools that prepare their meals from scratch have noticed that there is little waste because the food is not processed and fresh. The revisions to the NSLP have had many hurdles to overcome and it is very difficult to have one standard for everyone to follow. As a parent I have listened to both sides of this topic and will evaluate whether or not i think the NSLP is beneficial to the students. I noticed shortly after the first week of school, my son was coming home from school starving. He indicated there wasn’t enough food on the days he bought lunch. After a phone call to the school, i learned about the revisions and talked with him about taking all the food that was offered to him whether or not he liked them. The outcome from this conversation has been great, he has started eating more fruits and vegetables that he wouldn’t even try at home. He has talked more and more about making healthy choices and is asking questions about what foods are healthy and what are not. I really think age is a big factor in implementing the NSLP, children at a young age are more likely to learn how to eat healthy than at a high school age. I think the negative effects we are seeing to these revisions are largely in part because students did not learn how to eat healthy at a young age and it is difficult to change those unhealthy eating patterns as young adults. Teenagers eat an amazing amount of food and it is very hard to have one standard for all, students do have the option to buy a second meal and parents should pack an extra sandwich for athletes so they don’t come home starving. Childhood obesity is growing at an alarming rate and something needs to be done to stop it, if children aren’t learning how to make healthy choices at home then at least they are learning that at school. I think the National School Lunch Program is beneficial in decreasing the rate of childhood obesity and assisting our children adopts healthy eating patterns that will follow them through life. Works Cited Page Concannon, K., (2012). National School Lunch Program. Website: http://www.fns.usda.gov/cnd/lunch/ Retrieved on November 16, 2012. Lincoln, B., (2012). Federal Child Nutrition Programs Food Assistance and Dietary Education. Congressional Digest Debates. Retrieved from http://congressionaldigest.com/issue/ on November 17, 2012. McGregor, J., (2012). â€Å"Federal School lunches ruled that started this fall leave many Center New York students hungry.† The Post Standard 29 (10). Warrick, T., Personal phone interview on November 14, 2012. Fulton, New York. Dietary Guidelines and the School Nutrition Program from Terry Warwick 11/15/12

Urban planning policies

NarrativeIn the West, Twentieth Century urban planning policies and rapid urbanization ; characterised by individual usage zoning ; low denseness land usage and auto dependent communities ; have frequently separated people from traditional community interaction. For many this individualistic being can be perceived as dystopia. What if people were given the chance to react to such dystopia assisted by the farther development of concerted community theoretical account that facilitated sustainable life and supportive common regard? What if an alternate agencies to populate was promoted helped by the proviso of flexible and supportive physical assorted usage environment which was both accessible and good to the whole community? It is arguable that true sustainability relates non merely to the natural environment but besides to the built environment and it has cardinal economic and societal community dimensionsBrief Outline of User Requirements:Cohousing communities provide a underdeveloped physical, economic and societal theoretical account to accomplish such aims outlined above. They are typically composed of assorted usage flexible edifices incorporating private life infinite, economic activity and extended common countries, which are owned, managed and maintained by the occupants, supplying an low-cost, sus tainable and community focused life style. Facilities should include a scope of communal installations proportionate in size to the development including a big kitchen and dining room country, a wash, offices and workshops with broadband entree and a scope of leisure installations Communal outdoor infinites should supply attractive countries for societal interaction. The edifices should be flexible and adaptative and promote supportive concerted behaviour. The proposed edifices should seek to take maximal benefit from their town Centre location and seek to accomplish high environmental criterions against the sustainability codification. Close spacial relationship between work and abode and interaction economically with the vicinity and visitants to the metropolis Centre should be encouraged. This self-generative environment will heighten a socio-economic sustainability that can successfully accommodate to the altering demands of the occupant and wider community.Proposed Location:Fish Street is located in Leeds City Centre. It connects Kirkgate, King Edwards Street and Vicar Lane supplying entree to the dress shop retail mercantile establishments in the Victorian One-fourth of the City, The City Markets and Lower Briggate, all of which are major tourer attractive forces.IntroductionTHE GLOBAL PROBLEMSome sociologists such as Georg SimmelandFerdinand T & A ; ouml ; nnies, have posed the theory that the namelessness of the metropolis leads to a feeling of disaffection ( Hess, A, 2001 ) ( Lucaccini, G, 2009 ) . Twentieth century urban planning policies and rapid urbanization ; characterised by individual usage zoning ; low denseness land usage ; big corporate concern and auto dependent communities ; have served to separate people from traditional community interaction. For m any this individualistic being can be perceived as a dystopia. Furthermore, with 75 per cent of the 10 billion people expected to populate the planet by 2050 predicted to shack in urban centres this is a planetary issue that needs to be addressed ( Ripplinger, S, 2009 ) . The hereafter defining and well-being of metropoliss requires the publicity and execution of new theoretical accounts of flexible assorted usage and adaptative edifices reacting to and advancing concerted, supportive and sustainable communities.LeedsScattered and stray communities are no more evident than in Leeds ( Nuttgens, P, 1979 ) . Over the class of the last century metropolis occupants have been â€Å" driven from † the City Centre and out into the suburbs go forthing some urban countries neglected, insecure and underused ( Nuttgens, P, 1979 ) particularly during times of economic diminution such as that precipitated by the recognition crunch. Although & A ; lb ; 1.8 billion of major belongings development has been undertaken in Leeds over the last 10 old ages, this portion of the City remains degage and distant, and many metropolis inhabitants still face exclusion or separation from community support. Maxwell Hutchinson ‘s averment that Leeds is ‘building the high rise slums of tomorrow†¦ they ‘re burying to construct communities † would look peculiarly accurate, despite Leeds City Planning Policy that sets out to undertake societal exclusion and Foster better communities ( BBC Inside Out – Leeds – Changing for the Better? ) ( Leeds City Council 2007, Sustainable Development in Leeds ) .HOW THE SITE STARTS TO RESOLVE THE PROBLEMThe Fish Street country is deep within the commercially goaded retail bosom of Leeds City Centre. The site, holding one time accommodated booming assorted usage markets in the nineteenth Century, is now an unattractive backland infinite which for large tra de name retail mercantile establishments, is unsympathetic and limited in size and economic potency. However it is the ideal topographic point to form and develop a sustainable urban community which is accessible for all, inclusive and community focused.SITE ( PHYSICAL CONTEXT ) 1500 1556SITE CHOICE 100 94The reuse and repositioning of disused or underutilised edifices and sites is indispensable to revitalizing Leeds City Centre and regenerating blighted vicinities and replacing them with more comfortable communities. Six such countries were analysed to place the best chances to determine a sustainable urban community within Leeds City Centre and promote chance for investing, concern endeavor and societal interaction. The sites were analysed in footings of size, conveyance links, propinquity to community indispensable comfortss, pes autumn, assemblage and retreating, sense of entry and reaching, parking and orientation.THE SELECTED SITE? 100 109The most suited location was the Fish Street Area. This location benefits from first-class footstep, permeableness and connectivity ( See Ri ght ) . It lies straight between the two chief East-West prosaic paths across the City Centre ( Kirkgate and King Edwards Street ) every bit good as the chief North-South walker and vehicular paths ( Briggate and Vicar Lane ) . The Fish Street country is located in close propinquity to the Victorian Boutique Retail Outlets, the City Markets and Briggate, all of which are major tourer attractive forces. Community indispensable comfortss are plentiful as are transport installations with major coach paths on Vicar Lane and Leeds Railway Station is a 5 minute walk off.SITE INFORMATION 150 144The Fish Street country has a ‘T ‘ alliance in footings of the street and edifice signifier. The site consists of three bunchs of unattractive and under-utilised edifices including two storage installations and two run down B grade commercial edifices one of which is advertised for renovation. The Fish Street country is by and large used as a thoroughfare and a hair salon and two little coffeehouses allow for some really limited community interaction. The country underperforms environmentally, socially and economically and presents a significant chance for regeneration The sites total about 1030 sq m and have a street frontage of 100 m. A considerable proportion of the sites have a individual frontage. There is a little autumn of about 700mm from West to East across the site over a distance of 41 meters ( 1:59 ) and from North to South it is comparatively flat. Assembly of the site may necessitate mandatory purchase by the Local Authority under wellbeing powers.VISUAL SURVEY 100 87Immediate and distant thresholds and positions of the site have been investigated. The consequences are shown over the undermentioned pages. The Fish Street country is surrounded by a scope of architectural edifice manners and stuffs ( See Conservation: Restrictions and Opportunities ) . However the ruddy brick and ornate Victorian facades on King Edwards Street provide the best illustration of architectural consistence and are typical of the Victorian listed edifices in this country of Leeds. Care must be taken to esteem the linguistic communication and look of these edifices particularly in footings of coloring material, stuffs and where operable graduated table and tallness in any renovation. Much of the site is nevertheless tucked away in its ain context, supplying some flexibleness.IDENTIFICATION OF ANY EXISTING HAZARDS 300 242GROUND CONDITIONS & A ; CONTAMIN ATIONFish Street lies next to Briggate and Kirkgate, two of the oldest streets in Leeds dating back to 1207. The presence of former basements, unconsolidated land and foundations or structural relationships with bordering edifices will be examined. The stableness of bordering edifices and any party wall issues will necessitate to be assessed. Any hazards associated with former coal excavation will be examined. Middle and Lower Coal Measures are present across cardinal Leeds. These sedimentations comprise a thick sequence of jumping sets of clays, shales, sandstone, mudstone and coal ( LCC, 2001, Contaminated Land ) .HydrologyThe major surface watercourse within the Leeds country is the River Aire and Leeds Liverpool Canal. The Fish Street country is non within inundation hazard zones presently identified ( LCC, 2007, Sustainable Drain in Leeds )MANMADE HAZARDSGiven the metropolis Centre location, the air quality and the noise and light pollution degrees will be assessed and extenuation taken where necessary to run into environmental criterions. Vicar Lane is a major vehicular path hence route safety and air pollution must be considered. The location and handiness of gas, electricity and broadband services and disgusting and surface H2O drains must besides be determined through detailed studies and audience.ENVIRONMENTAL F ACTORS 350 283ClimateIn Leeds rainfall norms 600mm yearly ( metoffice.gov.uk ) . The prevailing air current is from the South West with an mean velocity of 10 knots ( windfinder.com ) . Though the undertaking location is surrounded by big and frequent obstructors, funneling at land degree along Fish street, Kirkgate and King Edwards Street should be considered. The Fish Street country is about 36m above sea degree. Air temperature averages 11 & A ; deg ; C yearly and a snow burden of 0.6kn/m sq should be accommodated for in the design. Within the country a microclimate will chair extremes.SUNLIGHT/DAYLIGHTAt street degree some overshadowing occurs, though the upper degrees of the proposed development should be comparatively unfastened to sunlight topic to some flexibleness in the highs relative to bordering edifices. However, given the narrowness of the main roads through the site and the individual facet of much of the sites, effectual incursion of natural visible radiation into th e edifices will be a major consideration. Any possible rights of light issues will be examined and negotiated. The Fish Street Area slopes gently Eastward and maximal environmental advantage will be taken of this facet by the tallness and design of the new edifices.DESIGN FACTORS AND OPPORTUNITIES AND LIMITATIONS OF THE SITE 450ConservationThe Fish Street country is located in preservation country 45A of Leeds City Centre. Numerous listed edifices line King Edwards Street and Vicar Lane. Appropriate consent will be necessary to enable destruction of the edifices in the strategy and the development proposals. Conservation and urban design policies are included in the Local Development Frame Work ( LDF ) and need to be taken into history.ARTICULATION, ORNAMENT AND MATERIALSFacade intervention ; ratio of solid to invalidate and detailing of frontages should be designed to complement traditional proportioning, and stuffs should complement the bing scope of brick and rock in footings of coefficient of reflection, coloring material and texture. Rooflines should be staggered or otherwise broken to take history of alterations in degree and roofs should be pitched and punctuated by characteristics such as dormers, chimneys or turrets where appropriate.SITE ACCESSSite adjustment for the contractor and site cabins, Cranes and stuffs is limited and must be resolved. The minimal proviso of lifts can be met through incorporation of paseos in the sky between the separate sites. As some of the edifices are individual facet they will endorse onto clean party walls of bordering belongingss and so there will be issues of absence of visible radiation and views.Ventilation canals that run horizontally to the roof and the usage of solar chimneys must be considered.COMMON LAW RIGHTSThere are besides rights to visible radiation, rights of manner and compacts and restrictive compacts that must be investigated. Ownership factors such as Highwaies Services manner leaves and the Party Wall Act will impact the legalities of the development. Access for garbage, exigency services and bringings must be catered for in the design.BRIEF 1500 1527AN OUTLINE BRIEF 500 451An advanced iconic interior metropolis group of edifices is required to show a new signifier of regeneration station recognition crunch. Urban development that is more sustainable, low-cost and community focused will reshape Leeds City Centre ( LCC, Leeds Sustainable Strategy, 2009 ) . The development must be an attractive investing proposition for the renter whom is able to populate and work within a likeminded empathic community that portions the benefits of shared resources and cognition, in an environmentally friendly, non estranging environment. BUSINESS ENTERPRISEMixed usage driven out of the older back streets of Leeds, by large commercial concern on Briggate and the Headrow etc. The Fish Street country is unattractive to large commercial retailers/business due to complexnesss of the site. Supplying a community theoretical account which makes these infinites available to smaller concern. CommunityResearch has shown that 65 % of people have cipher with whom they can co-operate in their day-to-day lives, 84 % do non hold close relationships with their neighbors and one in three people live entirely ( 2006, National Lifestyle Preferences ) . Crime, antisocial behavior, soiled streets, neglected unfastened infinites, illuming and deficiency of installations for immature people have besides been highlighted as the most concerning of societal issues ( 2008, New Economics Foundation ) . The development must turn to the dislocation of community in urban Centres.MANAGEMENT & A ; TENURE 100 92The rank and outreach policy will be democratic, unfastened and inclusive and will seek to develop close connexions with the environing community. A procedure of enrolling laminitis members will take topographic point as portion of the design procedure to guarantee their engagement in the design of the strategy. The development must be for a mixed-income, multigenerational demographic to guarantee fiscal and community sustainability.Overall EXPECTATIONS/STATEMENTS ON THE QUALITY TO BE ACHIEVED 200 111The development will make a beautiful life, working environment which will maximize green infinites, natural energy resources and countries for societal interaction, maximizing the potency of the upper floors and facet of the separate edifice sites and the narrow urban infinite between the edifices. As a pilot strategy it will necessitate to hold good quality stuffs, coatings and adjustments that reflect the statement being made and that are lasting minimising future care costs. Different degrees of coating will be considered as appropriate particularly in the workshop countries and retail countries.A DIAGRAMMATIC ANALYSIS OF THE FUNCTIONAL AREAS AND THEIR RELATIONSHIPS 450The creative activity of inter-junctions between interior/exterior and public/private infinite on a assortment of graduated tables accommodates assorted residential activities and will ease self-generated societal interactions.COMMUNAL ACCOMMODATIONA communal-house will be at bosom of the community and will include kitchen and dining infinite, a Television room, a chromium & A ; egrave ; che and a multi-use room and will be a general usage assemblage infinite for the community. The entryway country must be both luring and sheltered and should take to or integrate mail and coat maps. The communal house will hol d direct entree to the roof patio which will supply a existent microclimate for the edifice, supplying chances for nutrient production, out-of-door dining and recreational activities and a infinite to withdraw. The kitchen must easy entree advanced recycling and garbage installations and be acoustically insulated and ventilated. Tables and equipment should be easy set up and removed and there must be two general usage lavatories. The chromium & A ; egrave ; che must be accessible by the populace to enable appropriate income coevals and be visually connected to the kitchen. There will be separate infinites for different age groups such as babes, yearlings and adolescents. Storage, lavatory and altering installations, common house security ( due to public entree ) and exterior drama infinite are of import considerations. Guest installations should flank the communal house and hold entree to its installations whilst being separated from the workshop and retail nucleus of the development.Private ACCOMMODATIONThe co-op will include a lower limit of 6060 residential units to guarantee the strategies economic viability. All residential units will run into â€Å" Lifetime Homes † , Homes & A ; Community Agency criterions in footings of size and quality and seek to accomplish Sustainable Code degree 4. The edifices will house at least 138 people and 10 impermanent paying invitees in shared sleeping rooms and flats. The invitee sleeping rooms and flats will be able to accommodate and unify into a 3 bed home or 5 bed residence hall. There should be at least 7 studios and 15 one bed and 20 two bed flats, half of which have an adjoining workshop. Populating environments should be capable of being to the full integrated with work and public infinites. All homes will hold the ability to accommodate and unify and subdivide to guarantee flexibleness for a altering demographic and community demands. The strategy will include at least 5 two bed flats which will hold the capacity to unify with one bed flats to supply three bed homes. Lift installations will be provided and the edifices will be connected at strategic degrees. All units must easy entree wash, recycling and decline services and communal adjustment. They will be located on elevated narratives to supply a safe and hearable separation from the street.SEMI-PUBLIC ACCOMMODATIONAt least 24 workshops will provide for those occupants who choose non to hold an adjoining workshop to their belongings. Workshop infinite may be used for rock, wood and metal work and therefore must be acoustically insulated and ventilated. Natural lighting should be incorporated where possible. Ceiling highs will be higher at land floor degree than standard residential room highs and for at least 50 % of the workshop units overall.Cr & A ; egrave ; chePUBLIC ACCOMMODATIONTrading infinite and little live/ work units allow occupants to stay local for their work and shopping. Trading/retail court/units. Large infinites for e.g. designers, section shop sort of infinite, little stall like infinite†¦OTHERThe edifices should include a basement and besides be capable of per pendicular extension in the hereafter. A motorcycle park and an advanced recycling and garbage installation will be located at land floor degree. The latter will be accessible to all and in peculiar will be linked to the communal kitchen and workshops.. It should be unafraid hidden from position but accessible to aggregation vehicles.Agenda OF MAJOR AREAS OF ACCOMMODATIONAnalysis OF THE BRIEF 900 1076AIMS ( ARE REALISTIC/ACHIEVABLE? ) 100 63The strategy will offer quality low-cost lodging adjustment that embraces cohousing rules with dedicated originative concern and workshop infinite, taking the cost of transposing and furthering the entrepreneurial spirit of the City, making a socio-economic sustainability that can successfully further and accommodate to the altering demands of the community. A LWBC creates a balance of community and privateness, by set uping private, self-sufficing places around a communal house with shared resources. The narrow entree ways between the site constituents lends itself to the rules of carbon monoxide lodging strategies. The location is within walking distance of public conveyance and other community indispensable comfortss such as nutrient stores, eating houses, topographic points of worship and cultural attractive forces. Assembly of the site would if necessary involve Compulsory Planning Order by the Local Authority under good being powers.BUSINESS ENTERPRISEA scope of low-cost workshops of different sizes and constellations allow for people who desire a better pick of where and how to populate and work. Large commercial/office infinite will be rented to outside concern and a figure of little retail mercantile establishments and a trading tribunal can be used by the occupants or once more rented to local originative concerns.CommunityThe strategy will promote empathy for little concern and endeavor within a extremely synergistic urban community. Tenants will populate, work via the cyberspace, industry, bring forth and sell on site. Based on the Danish co-housing theoretical account, community interaction is maximised through blending private life infinite with shared installations in a co-house. The benefits of the community include the creative activity of a traditional vicinity within a heavy urban Centre with safe environments onto which the residential units forepart and common values. There are peculiar benefits for kids in footings of secure drama infinite and shared activities with their equals. The multi generational LWBC is for originative professionals ( including designers, creative persons, jewelry makers, throwers, music manufacturers etc ) who choose to determine their concern green goods, within a unstable architecture that will alter form as their life demands change, determining an of all time germinating organic interior metropolis community. The communal life construct builds upon established demand for similar undertakings around the UK including undertakings in Stroud, Lancaster, Lewes, Dorset, Sheffield, Bradford on Avon and London with at least 15 other prospective undertakings.MANAGEMENT & A ; TENURE ( HOW IT WORKS? ) 400 563A spouse Registered Social landlord ( RSL ) will be sought to supervise and back up the development. A assorted term of office of units is proposed which may change depending on market conditions. Approximately 25 % of units will be proprietor occupied with units owned outright through long term fixed rentals ( called leasehold enfranchisement ) . Mortgage support would be sought by such buyers. The investor therefore benefits from any additions in belongings value should they make up one's mind to sell. Any net income from this component of the strategy will be used to cross-subsidise the remainder. Approximately 50 % of units will be societal rented belongingss subsidised by the Homes and Communities Agency ( HCA ) Social Housing Association Grant at 50 % of development cost the remainder being funded from rental income operated through a just rent common ownership concerted. The land and homes will be owned by a registered co-operative which is controlled by its members who are those who lease the belongingss. The physique cost will be financed by mortgage loans from long term investors ( such as Ecology Building Society, the Cooperative Bank or Triodos or the Local Council through Prudential Borrowing or The Homes and Communities Agency ) , together with grants and sedimentations from members some of which are efficaciously considerations. The staying 25 % of belongingss will be a signifier of shared ownership. The land and construct cost is financed by the mortgage loans and divided into equity portions that are bought by members through monthly payments. Members will necessitate to pay a minimal sedimentation equal to 10 % of the equity portions they can afford to finance through their monthly payments. 5 % will be paid on connection and the other 5 % when land is purchased. A recognition cheque will guarantee that possible members are able to refund the mortgage debt. The figure of single portions owned depends on the physique cost of the persons ‘ place and what is low-cost ( these are the figure of portions which are financed by 35 % of net income ) . The value of the equity portions owned by these families must non differ by more than ( + or – ) 10 % of the physique cost. Members hence secure a ‘foothold ‘ on the lodging ladder at lower family incomes and the correlativity to mean net incomes helps cut down hazard and retain affordability. Similar term of office theoretical accounts are apparent in Norway OBOS ( Oslo Buildings and Savings Co-operative ) supplying for 214,000 members, and in Sweden HSB Riskforbund provides for 375,000. Le Corbusier ‘s, Unite d'Habitation de Reze, in Nantes besides follows a extremely active co-ownership rule affecting private and public renters.TYPES OF UNITS PROPOSEDThere will be a scope of residential unit sizes. 20 % studios, 40 % 1 bed and 40 % 2 beds of which 10 % will hold the capacity to accommodate into 3 bed homes. Members can therefore move between belongingss as they become available and as their lodging demands alteration ( See agenda of adjustment ) . All of the studio units and 50 % of the 1 bed homes will hold enlarged populating quarters to enable place office working. Flexible workshops infinites will besides be provided between some of the residential units that can be shared or sole used by bordering renters. 20 separate workshops will be provided for those renters who choose non to populate straight with their work topographic point. Retail units and big commercial office infinite at land floor degree which will be rented on a commercial footing on the unfastened market. An extra invitee infinite associated with the communal installations is provided on a rentable easy in and out footing with an appropriate consideration.DESIGN ISSUES 1500Existing PROJECTS AND THE THEMES OF THE SOLUTIONS WHICH IDENTIFY THE ARCHITECTURAL QUALITIES 600BOXLEY STREET, SILVERTOWN, EAST LONDON, ASH SAKULA 2004This lodging strategy involved the reconsideration of lodging criterions and ordinances for the Peabody Trust. The hypertrophied circulation infinite renamed ‘sorting zone ‘ is the focal point point for communal activity, and the kitchen are the most of import parts of the homes. The zone is a room in itself advancing usage for many different maps and the kitchen is for life, meeting, playing and cookery. The lone constitutional closets are in the zone instead than in the sleeping rooms. This program reverses typical spacial precedences supplying more infinite in countries normally designed down to a lower limit. The staying suites are reduced to a minimal size and can be used in a assortment of ways including fro sleeping rooms or populating infinite.KRAFTWERK 1 – STUCHELI BUNZLI COURVOISIER ARCHITEKTEN, ZURICH HARDTURMSTRASSE 287, ZURICH, SWITZERLAND 2001 200 177An interior metropolis site in Z & A ; uuml ; rich comprises of three edifices 5-9 floors for Kraftwerk 1 lodging co-op which promotes life, working and populating and societal inclusion. It has sustainable aims and is financed by commercial loans, investings from members and province aid. These ‘Suiten ‘ are intended to let different signifiers of communal and co-living though a assortment of communal and private infinites. The edifice blocks feature a big assortment of level sizes, runing from 2.5 room flats to units with up to 13 suites and from 31 M2s to 350 M2s. They range from singles and households to communal groups of independent people. The scope of unit sizes is facilitated by a insistent constructional system of cross walls, which can be knocked through at points. The cross walls are spaced at the breadth of a typical residential room. This dimension allows an about infinite scope of possible layouts. The units have a cardinal circulation and service nucleus and it is besides possible to infix private internal stairwaies between cross walls, to make two and three floor flats.URBAN CENTRE COHOUSING COOP CANYON, DALLAS200 58Designed by ‘Standard ‘ for the Dallas Urban Re: Vision competition, Coop Canyon harvests adequate rainwater, solar energy, and agribusiness to wholly prolong its 1,000 occupants. The construction resembles a terraced canon with lodging units tucked into the canon wall. On the canon floor, community gardens allow occupants to turn green goods. The design exploits natural energy resources through a cardinal atrium infinite. Excellent permeableness and footstep across and through the site allow for community battle with the retail and cr & A ; egrave ; che installations. A communal installation with shared cookery and wash and diversion installations is a cardinal portion of the strategy as with all cohousing. This is located centrally on an immediate degree so is easy accessed by all.ADAPTIVE LIVING – 41-75 CONSORT ROAD, PECKHAM, LONDON 200 229( Walter Menteth Architects 2007 ) Clear span floor building across the breadth of single residential units means internal dividers are non-load bearing and enable considerable flexibleness in layout from the beginning ( Schneider T 2007 P 195 ) ( See Figure X ) . Spans of up to 6.5 meters require steel/concrete beam and column frame building. Party wall block-work/masonry walls can be used as the chief supporting construction. â€Å" Fin † wall building maintains considerable flexibleness.

Analysis Of Frankenstein By Mary Shelley - 1393 Words

If the characters in the novel, Frankenstein, did not have the characteristics and the emotional states that they were given, would the story have the same outcome? Emotion is a key topic throughout the novel of Frankenstein by Mary Shelley. It’s utilized throughout the entirety of the novel. The theme of the entire story is communicated through the moods and emotions that the characters themselves produce. Shelley exhibits the depravity of the character’s self through how they exhibit their emotions, and this is a key element used to communicate the theme of the novel. One of the main emotions that is used to exhibit the theme throughout the story is hate. Through anger and frustration, we see this theme the author is trying to produce. We see with Victor, the emotion of hate towards the creature which with whom he had created. We see the hatred that forms within him once he saw what he had created was not beautiful like he predicted: â€Å"How can I describe my emoti ons at this catastrophe, or how delineate the wretch whom with such infinite pains and care I had endeavored to form? His limbs were in proportion, and I had selected his features as beautiful. Beautiful!—Great God!...these luxuries only formed a more horrid contrast† (Shelley 35). He was horrified and disgusted by his own creation. He picked beautiful and perfect attributes of the human body, but once he placed them together they were no longer beautiful. He created what was supposed to be this absolutelyShow MoreRelatedAnalysis Of Frankenstein By Mary Shelley Essay1231 Words   |  5 Pages2016 Frankenstein Literary Analysis Power is the ability to control something or someone into doing what is given. Knowledge is the understanding of an idea, but not yet following through with it. 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