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Intercompany accounting.
Intercompany accounting focuses on the measurement, analysis and reporting of information between separate entities that are related, such as a parent company and its subsidiary companies. Intercompany accounting concerns record keeping of transactions between companies that have common ownership such as a parent company and a partially or wholly owned subsidiary. Intercompany transactions are also recorded in accounting when business is transacted between companies with a common parent company (subsidiaries).
Auditing.
Auditing is the verification of assertions made by others regarding a payoff, and in the context of accounting it is the "unbiased examination and evaluation of the financial statements of an organization". Audit is a professional service that is systematic and conventional.
An audit of financial statements aims to express or disclaim an independent opinion on the financial statements. The auditor expresses an independent opinion on the fairness with which the financial statements presents the financial position, results of operations, and cash flows of an entity, in accordance with the generally accepted accounting principles (GAAP) and "in all material respects". An auditor is also required to identify circumstances in which the generally accepted accounting principles (GAAP) have not been consistently observed.
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Information systems.
An accounting information system is a part of an organization's information system used for processing accounting data.
Many corporations use artificial intelligence-based information systems. The banking and finance industry uses AI in fraud detection. The retail industry uses AI for customer services. AI is also used in the cybersecurity industry. It involves computer hardware and software systems using statistics and modeling.
Many accounting practices have been simplified with the help of accounting computer-based software. An enterprise resource planning (ERP) system is commonly used for a large organisation and it provides a comprehensive, centralized, integrated source of information that companies can use to manage all major business processes, from purchasing to manufacturing to human resources. These systems can be cloud based and available on demand via application or browser, or available as software installed on specific computers or local servers, often referred to as on-premise.
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Tax accounting.
Tax accounting in the United States concentrates on the preparation, analysis and presentation of tax payments and tax returns. The U.S. tax system requires the use of specialised accounting principles for tax purposes which can differ from the generally accepted accounting principles (GAAP) for financial reporting. U.S. tax law covers four basic forms of business ownership: sole proprietorship, partnership, corporation, and limited liability company. Corporate and personal income are taxed at different rates, both varying according to income levels and including varying marginal rates (taxed on each additional dollar of income) and average rates (set as a percentage of overall income).
Forensic accounting.
Forensic accounting is a specialty practice area of accounting that describes engagements that result from actual or anticipated disputes or litigation. "Forensic" means "suitable for use in a court of law", and it is to that standard and potential outcome that forensic accountants generally have to work.
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Political campaign accounting.
Political campaign accounting deals with the development and implementation of financial systems and the accounting of financial transactions in compliance with laws governing political campaign operations. This branch of accounting was first formally introduced in the March 1976 issue of "The Journal of Accountancy".
Organizations.
Professional bodies.
Professional accounting bodies include the American Institute of Certified Public Accountants (AICPA) and the other 179 members of the International Federation of Accountants (IFAC), including Institute of Chartered Accountants of Scotland (ICAS), Institute of Chartered Accountants of Pakistan (ICAP), CPA Australia, Institute of Chartered Accountants of India, Association of Chartered Certified Accountants (ACCA) and Institute of Chartered Accountants in England and Wales (ICAEW). Some countries have a single professional accounting body and, in some other countries, professional bodies for subfields of the accounting professions also exist, for example the Chartered Institute of Management Accountants (CIMA) in the UK and Institute of management accountants in the United States. Many of these professional bodies offer education and training including qualification and administration for various accounting designations, such as certified public accountant (AICPA) and chartered accountant.
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Firms.
Depending on its size, a company may be legally required to have their financial statements audited by a qualified auditor, and audits are usually carried out by accounting firms.
Accounting firms grew in the United States and Europe in the late nineteenth and early twentieth century, and through several mergers there were large international accounting firms by the mid-twentieth century. Further large mergers in the late twentieth century led to the dominance of the auditing market by the "Big Five" accounting firms: Arthur Andersen, Deloitte, Ernst & Young, KPMG and PricewaterhouseCoopers. The demise of Arthur Andersen following the Enron scandal reduced the Big Five to the Big Four.
Standard-setters.
Generally accepted accounting principles (GAAP) are accounting standards issued by national regulatory bodies. In addition, the International Accounting Standards Board (IASB) issues the International Financial Reporting Standards (IFRS) implemented by 147 countries. Standards for international audit and assurance, ethics, education, and public sector accounting are all set by independent standard settings boards supported by IFAC. The International Auditing and Assurance Standards Board sets international standards for auditing, assurance, and quality control; the International Ethics Standards Board for Accountants (IESBA) sets the internationally appropriate principles-based "Code of Ethics for Professional Accountants"; the International Accounting Education Standards Board (IAESB) sets professional accounting education standards; and International Public Sector Accounting Standards Board (IPSASB) sets accrual-based international public sector accounting standards.
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Organizations in individual countries may issue accounting standards unique to the countries. For example, in Australia, the Australian Accounting Standards Board manages the issuance of the accounting standards in line with IFRS. In the United States the Financial Accounting Standards Board (FASB) issues the Statements of Financial Accounting Standards, which form the basis of US GAAP, and in the United Kingdom the Financial Reporting Council (FRC) sets accounting standards. However, as of 2012 "all major economies" have plans to converge towards or adopt the IFRS.
Education, training and qualifications.
Degrees.
A bachelor's degree or a master's degree in accounting or a related field is required for most accountant and auditor job positions, and some employers prefer applicants with advanced qualifications. A degree in accounting may also be required for, or may be used to fulfill the requirements for, membership to professional accounting bodies. For example, the education during an accounting degree can be used to fulfill the American Institute of CPA's (AICPA) 150 semester hour requirement, and associate membership with the Certified Public Accountants Association of the UK is available after gaining a degree in finance or accounting.
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A doctorate is required in order to pursue a career in accounting academia, for example, to work as a university professor in accounting. The Doctor of Philosophy (PhD) and the Doctor of Business Administration (DBA) are the most popular degrees. The PhD is the most common degree for those wishing to pursue a career in academia, while DBA programs generally focus on equipping business executives for business or public careers requiring research skills and qualifications.
Professional qualifications.
Professional accounting qualifications include the chartered accountant designations and other qualifications including certificates and diplomas.
In Scotland, chartered accountants of ICAS undergo Continuous Professional Development and abide by the ICAS code of ethics. In England and Wales, chartered accountants of the ICAEW undergo annual training, and are bound by the ICAEW's code of ethics and subject to its disciplinary procedures.
In the United States, the requirements for joining the AICPA as a Certified Public Accountant are set by the Board of Accountancy of each state, and members agree to abide by the AICPA's Code of Professional Conduct and Bylaws.
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The ACCA is the largest global accountancy body with over 320,000 members, and the organisation provides an 'IFRS stream' and a 'UK stream'. Students must pass a total of 14 exams, which are arranged across three levels.
Research.
Accounting research is research in the effects of economic events on the process of accounting, the effects of reported information on economic events, and the roles of accounting in organizations and society. It encompasses a broad range of research areas including financial accounting, management accounting, auditing and taxation.
Accounting research is carried out both by academic researchers and practicing accountants. Methodologies in academic accounting research include archival research, which examines "objective data collected from repositories"; experimental research, which examines data "the researcher gathered by administering treatments to subjects"; analytical research, which is "based on the act of formally modeling theories or substantiating ideas in mathematical terms"; interpretive research, which emphasizes the role of language, interpretation and understanding in accounting practice, "highlighting the symbolic structures and taken-for-granted themes which pattern the world in distinct ways"; critical research, which emphasizes the role of power and conflict in accounting practice; case studies; computer simulation; and field research.
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Empirical studies document that leading accounting journals publish in total fewer research articles than comparable journals in economics and other business disciplines, and consequently, accounting scholars are relatively less successful in academic publishing than their business school peers. Due to different publication rates between accounting and other business disciplines, a recent study based on academic author rankings concludes that the competitive value of a single publication in a top-ranked journal is highest in accounting and lowest in marketing.
Scandals.
The year 2001 witnessed a series of financial information frauds involving Enron, auditing firm Arthur Andersen, the telecommunications company WorldCom, Qwest and Sunbeam, among other well-known corporations. These problems highlighted the need to review the effectiveness of accounting standards, auditing regulations and corporate governance principles. In some cases, management manipulated the figures shown in financial reports to indicate a better economic performance. In others, tax and regulatory incentives encouraged over-leveraging of companies and decisions to bear extraordinary and unjustified risk.
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The Enron scandal deeply influenced the development of new regulations to improve the reliability of financial reporting, and increased public awareness about the importance of having accounting standards that show the financial reality of companies and the objectivity and independence of auditing firms.
In addition to being the largest bankruptcy reorganization in American history, the Enron scandal undoubtedly is the biggest audit failure causing the dissolution of Arthur Andersen, which at the time was one of the five largest accounting firms in the world. After a series of revelations involving irregular accounting procedures conducted throughout the 1990s, Enron filed for Chapter 11 bankruptcy protection in December 2001.
One consequence of these events was the passage of the Sarbanes–Oxley Act in the United States in 2002, as a result of the first admissions of fraudulent behavior made by Enron. The act significantly raises criminal penalties for securities fraud, for destroying, altering or fabricating records in federal investigations or any scheme or attempt to defraud shareholders.
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Fraud and error.
Accounting fraud is an intentional misstatement or omission in the accounting records by management or employees which involves the use of deception. It is a criminal act and a breach of civil tort. It may involve collusion with third parties.
An accounting error is an unintentional misstatement or omission in the accounting records, for example misinterpretation of facts, mistakes in processing data, or oversights leading to incorrect estimates. Acts leading to accounting errors are not criminal but may breach civil law, for example, the tort of negligence.
The primary responsibility for the prevention and detection of fraud and errors rests with the entity's management.
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Ant
Ants are eusocial insects of the family Formicidae and, along with the related wasps and bees, belong to the order Hymenoptera. Ants evolved from vespoid wasp ancestors in the Cretaceous period. More than 13,800 of an estimated total of 22,000 species have been classified. They are easily identified by their geniculate (elbowed) antennae and the distinctive node-like structure that forms their slender waists.
Ants form colonies that range in size from a few dozen individuals often living in small natural cavities to highly organised colonies that may occupy large territories with sizeable nest that consist of millions of individuals or into the hundreds of millions in super colonies. Typical colonies consist of various castes of sterile, wingless females, most of which are workers (ergates), as well as soldiers (dinergates) and other specialised groups. Nearly all ant colonies also have some fertile males called "drones" and one or more fertile females called "queens" (gynes). The colonies are described as superorganisms because the ants appear to operate as a unified entity, collectively working together to support the colony.
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Ants have colonised almost every landmass on Earth. The only places lacking indigenous ants are Antarctica and a few remote or inhospitable islands. Ants thrive in moist tropical ecosystems and may exceed the combined biomass of wild birds and mammals. Their success in so many environments has been attributed to their social organisation and their ability to modify habitats, tap resources, and defend themselves. Their long co-evolution with other species has led to mimetic, commensal, parasitic, and mutualistic relationships.
Ant societies have division of labour, communication between individuals, and an ability to solve complex problems. These parallels with human societies have long been an inspiration and subject of study. Many human cultures make use of ants in cuisine, medication, and rites. Some species are valued in their role as biological pest control agents. Their ability to exploit resources may bring ants into conflict with humans, however, as they can damage crops and invade buildings. Some species, such as the red imported fire ant ("Solenopsis invicta") of South America, are regarded as invasive species in other parts of the world, establishing themselves in areas where they have been introduced accidentally.
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Etymology.
The word "ant" and the archaic word "emmet" are derived from ', ' of Middle English, which come from ' of Old English; these are all related to Low Saxon ', ' and varieties (Old Saxon ') and to German ' (Old High German '). All of these words come from West Germanic "*", and the original meaning of the word was "the biter" (from Proto-Germanic ', "off, away" + ' "cut").
The family name "Formicidae" is derived from the Latin ' ("ant") from which the words in other Romance languages, such as the Portuguese ', Italian ', Spanish ', Romanian ', and French ' are derived.
The study of ants is called "myrmecology", from Ancient Greek μύρμηξ "mýrmēx" ("ant"). It has been hypothesised that a Proto-Indo-European word *morwi- was the root for Sanskrit "vamrah", Greek μύρμηξ "mýrmēx", Latin "", Old Church Slavonic "mraviji", Old Irish "moirb", Old Norse "maurr", Dutch "mier", Swedish "myra", Danish "myre", Middle Dutch "miere", and Crimean Gothic" miera".
Taxonomy and evolution.
The family Formicidae belongs to the order Hymenoptera, which also includes sawflies, bees, and wasps. Ants evolved from a lineage within the stinging wasps, and a 2013 study suggests that they are a sister group of the Apoidea. However, since Apoidea is a superfamily, ants must be upgraded to the same rank. A more detailed basic taxonomy was proposed in 2020. Three species of the extinct mid-Cretaceous genera "Camelomecia" and "Camelosphecia" were placed outside of the Formicidae, in a separate clade within the general superfamily Formicoidea, which, together with Apoidea, forms the higher-ranking group Formicapoidina. Fernández et al. (2021) suggest that the common ancestors of ants and apoids within the Formicapoidina probably existed as early as in the end of the Jurassic period, before divergence in the Cretaceous.
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In 1966, E. O. Wilson and his colleagues identified the fossil remains of an ant ("Sphecomyrma") that lived in the Cretaceous period. The specimen, trapped in amber dating back to around 92 million years ago, has features found in some wasps, but not found in modern ants. The oldest fossils of ants date to the mid-Cretaceous, around 100 million years ago, which belong to extinct stem-groups such as the Haidomyrmecinae, Sphecomyrminae and Zigrasimeciinae, with modern ant subfamilies appearing towards the end of the Cretaceous around 80–70 million years ago. Ants diversified extensively during the Angiosperm Terrestrial Revolution and assumed ecological dominance around 60 million years ago. Some groups, such as the Leptanillinae and Martialinae, are suggested to have diversified from early primitive ants that were likely to have been predators underneath the surface of the soil.
During the Cretaceous period, a few species of primitive ants ranged widely on the Laurasian supercontinent (the Northern Hemisphere). Their representation in the fossil record is poor, in comparison to the populations of other insects, representing only about 1% of fossil evidence of insects in the era. Ants became dominant after adaptive radiation at the beginning of the Paleogene period. By the Oligocene and Miocene, ants had come to represent 20–40% of all insects found in major fossil deposits. Of the species that lived in the Eocene epoch, around one in 10 genera survive to the present. Genera surviving today comprise 56% of the genera in Baltic amber fossils (early Oligocene), and 92% of the genera in Dominican amber fossils (apparently early Miocene).
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Termites live in colonies and are sometimes called "white ants", but termites are only distantly related to ants. They are the sub-order Isoptera, and together with cockroaches, they form the order Blattodea. Blattodeans are related to mantids, crickets, and other winged insects that do not undergo complete metamorphosis. Like ants, termites are eusocial, with sterile workers, but they differ greatly in the genetics of reproduction. The similarity of their social structure to that of ants is attributed to convergent evolution. Velvet ants look like large ants, but are wingless female wasps.
Distribution and diversity.
Ants have a cosmopolitan distribution. They are found on all continents except Antarctica, and only a few large islands, such as Greenland, Iceland, parts of Polynesia and the Hawaiian Islands lack native ant species. Ants occupy a wide range of ecological niches and exploit many different food resources as direct or indirect herbivores, predators and scavengers. Most ant species are omnivorous generalists, but a few are specialist feeders. There is considerable variation in ant abundance across habitats, peaking in the moist tropics to nearly six times that found in less suitable habitats. Their ecological dominance has been examined primarily using estimates of their biomass: myrmecologist E. O. Wilson had estimated in 2009 that at any one time the total number of ants was between one and ten quadrillion (short scale) (i.e., between 1015 and 1016) and using this estimate he had suggested that the total biomass of all the ants in the world was approximately equal to the total biomass of the entire human race. More careful estimates made in 2022 which take into account regional variations puts the global ant contribution at 12 megatons of dry carbon, which is about 20% of the total human contribution, but greater than that of the wild birds and mammals combined. This study also puts a conservative estimate of the ants at about 20 × 1015 (20 quadrillion).
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Ants range in size from , the largest species being the fossil "Titanomyrma giganteum", the queen of which was long with a wingspan of . Ants vary in colour; most ants are yellow to red or brown to black, but a few species are green and some tropical species have a metallic lustre. More than 13,800 species are currently known (with upper estimates of the potential existence of about 22,000; see the article List of ant genera), with the greatest diversity in the tropics. Taxonomic studies continue to resolve the classification and systematics of ants. Online databases of ant species, including AntWeb and the Hymenoptera Name Server, help to keep track of the known and newly described species. The relative ease with which ants may be sampled and studied in ecosystems has made them useful as indicator species in biodiversity studies.
Morphology.
Ants are distinct in their morphology from other insects in having geniculate (elbowed) antennae, metapleural glands, and a strong constriction of their second abdominal segment into a node-like petiole. The body is divided into three distinct sections (formally known as "tagmata"): the head, mesosoma, and metasoma. The petiole forms a narrow waist between their mesosoma (thorax plus the first abdominal segment, which is fused to it) and gaster (abdomen less the abdominal segments in the petiole). The petiole may be formed by one or two nodes (the second alone, or the second and third abdominal segments). Tergosternal fusion, when the tergite and sternite of a segment fuse together, can occur partly or fully on the second, third and fourth abdominal segment and is used in identification. Fourth abdominal tergosternal fusion was formerly used as character that defined the poneromorph subfamilies, Ponerinae and relatives within their clade, but this is no longer considered a synapomorphic character.
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Like other arthropods, ants have an exoskeleton, an external covering that provides a protective casing around the body and a point of attachment for muscles, in contrast to the internal skeletons of humans and other vertebrates. Insects do not have lungs; oxygen and other gases, such as carbon dioxide, pass through their exoskeleton via tiny valves called spiracles. Insects also lack closed blood vessels; instead, they have a long, thin, perforated tube along the top of the body (called the "dorsal aorta") that functions like a heart, and pumps haemolymph toward the head, thus driving the circulation of the internal fluids. The nervous system consists of a ventral nerve cord that runs the length of the body, with several ganglia and branches along the way reaching into the extremities of the appendages.
Head.
An ant's head contains many sensory organs. Like most insects, ants have compound eyes made from numerous tiny lenses attached together. Ant eyes are good for acute movement detection, but do not offer a high resolution image. They also have three small ocelli (simple eyes) on the top of the head that detect light levels and polarization. Compared to vertebrates, ants tend to have blurrier eyesight, particularly in smaller species, and a few subterranean taxa are completely blind. However, some ants, such as Australia's bulldog ant, have excellent vision and are capable of discriminating the distance and size of objects moving nearly a meter away. Based on experiments conducted to test their ability to differentiate between selected wavelengths of light, some ant species such as "Camponotus blandus, Solenopsis invicta," and "Formica cunicularia" are thought to possess a degree of colour vision.
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Two antennae ("feelers") are attached to the head; these organs detect chemicals, air currents, and vibrations; they also are used to transmit and receive signals through touch. The head has two strong jaws, the mandibles, used to carry food, manipulate objects, construct nests, and for defence. In some species, a small pocket (infrabuccal chamber) inside the mouth stores food, so it may be passed to other ants or their larvae.
Mesosoma.
Both the legs and wings of the ant are attached to the mesosoma ("thorax"). The legs terminate in a hooked claw which allows them to hook on and climb surfaces. Only reproductive ants (queens and males) have wings. Queens shed their wings after the nuptial flight, leaving visible stubs, a distinguishing feature of queens. In a few species, wingless queens (ergatoids) and males occur.
Metasoma.
The metasoma (the "abdomen") of the ant houses important internal organs, including those of the reproductive, respiratory (tracheae), and excretory systems. Workers of many species have their egg-laying structures modified into stings that are used for subduing prey and defending their nests.
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Polymorphism.
In the colonies of a few ant species, there are physical castes—workers in distinct size-classes, called minor (micrergates), median, and major ergates (macrergates). Often, the larger ants have disproportionately larger heads, and correspondingly stronger mandibles. Although formally known as dinergates, such individuals are sometimes called "soldier" ants because their stronger mandibles make them more effective in fighting, although they still are workers and their "duties" typically do not vary greatly from the minor or median workers. In a few species, the median workers are absent, creating a sharp divide between the minors and majors. Weaver ants, for example, have a distinct bimodal size distribution. Some other species show continuous variation in the size of workers. The smallest and largest workers in "Carebara diversa" show nearly a 500-fold difference in their dry weights.
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Genome size.
Genome size is a fundamental characteristic of an organism. Ants have been found to have tiny genomes, with the evolution of genome size suggested to occur through loss and accumulation of non-coding regions, mainly transposable elements, and occasionally by whole genome duplication. This may be related to colonisation processes, but further studies are needed to verify this.
Life cycle.
The life of an ant starts from an egg; if the egg is fertilised, the progeny will be female diploid, if not, it will be male haploid. Ants develop by complete metamorphosis with the larva stages passing through a pupal stage before emerging as an adult. The larva is largely immobile and is fed and cared for by workers. Food is given to the larvae by trophallaxis, a process in which an ant regurgitates liquid food held in its crop. This is also how adults share food, stored in the "social stomach". Larvae, especially in the later stages, may also be provided solid food, such as trophic eggs, pieces of prey, and seeds brought by workers.
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The larvae grow through a series of four or five moults and enter the pupal stage. The pupa has the appendages free and not fused to the body as in a butterfly pupa. The differentiation into queens and workers (which are both female), and different castes of workers, is influenced in some species by the nutrition the larvae obtain. Genetic influences and the control of gene expression by the developmental environment are complex and the determination of caste continues to be a subject of research. Winged male ants, called drones (termed "aner" in old literature), emerge from pupae along with the usually winged breeding females. Some species, such as army ants, have wingless queens. Larvae and pupae need to be kept at fairly constant temperatures to ensure proper development, and so often are moved around among the various brood chambers within the colony.
A new ergate spends the first few days of its adult life caring for the queen and young. She then graduates to digging and other nest work, and later to defending the nest and foraging. These changes are sometimes fairly sudden, and define what are called temporal castes. Such age-based task-specialization or polyethism has been suggested as having evolved due to the high casualties involved in foraging and defence, making it an acceptable risk only for ants who are older and likely to die sooner from natural causes. In the Brazilian ant "Forelius pusillus," the nest entrance is closed from the outside to protect the colony from predatory ant species at sunset each day. About one to eight workers seal the nest entrance from the outside and they have no chance of returning to the nest and are in effect sacrificed. Whether these seemingly suicidal workers are older workers has not been determined.
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Ant colonies can be long-lived. The queens can live for up to 30 years, and workers live from 1 to 3 years. Males, however, are more transitory, being quite short-lived and surviving for only a few weeks. Ant queens are estimated to live 100 times as long as solitary insects of a similar size.
Ants are active all year long in the tropics; however, in cooler regions, they survive the winter in a state of dormancy known as hibernation. The forms of inactivity are varied and some temperate species have larvae going into the inactive state (diapause), while in others, the adults alone pass the winter in a state of reduced activity.
Reproduction.
A wide range of reproductive strategies have been noted in ant species. Females of many species are known to be capable of reproducing asexually through thelytokous parthenogenesis. Secretions from the male accessory glands in some species can plug the female genital opening and prevent females from re-mating. Most ant species have a system in which only the queen and breeding females have the ability to mate. Contrary to popular belief, some ant nests have multiple queens, while others may exist without queens. Workers with the ability to reproduce are called "gamergates" and colonies that lack queens are then called gamergate colonies; colonies with queens are said to be queen-right.
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Drones can also mate with existing queens by entering a foreign colony, such as in army ants. When the drone is initially attacked by the workers, it releases a mating pheromone. If recognized as a mate, it will be carried to the queen to mate. Males may also patrol the nest and fight others by grabbing them with their mandibles, piercing their exoskeleton and then marking them with a pheromone. The marked male is interpreted as an invader by worker ants and is killed.
Most ants are univoltine, producing a new generation each year. During the species-specific breeding period, winged females and winged males, known to entomologists as alates, leave the colony in what is called a nuptial flight. The nuptial flight usually takes place in the late spring or early summer when the weather is hot and humid. Heat makes flying easier and freshly fallen rain makes the ground softer for mated queens to dig nests. Males typically take flight before the females. Males then use visual cues to find a common mating ground, for example, a landmark such as a pine tree to which other males in the area converge. Males secrete a mating pheromone that females follow. Males will mount females in the air, but the actual mating process usually takes place on the ground. Females of some species mate with just one male but in others they may mate with as many as ten or more different males, storing the sperm in their spermathecae. The genus "Cardiocondyla" have species with both winged and wingless males, where the latter will only mate with females living in the same nest. Some species in the genus have lost winged males completely, and only produce wingless males. In "C. elegans," workers may transport newly emerged queens to other conspecific nests where the wingless males from unrelated colonies can mate with them, a behavioural adaptation that may reduce the chances of inbreeding.
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Mated females then seek a suitable place to begin a colony. There, they break off their wings using their tibial spurs and begin to lay and care for eggs. The females can selectively fertilise future eggs with the sperm stored to produce diploid workers or lay unfertilized haploid eggs to produce drones. The first workers to hatch, known as nanitics, are weaker and smaller than later workers but they begin to serve the colony immediately. They enlarge the nest, forage for food, and care for the other eggs. Species that have multiple queens may have a queen leaving the nest along with some workers to found a colony at a new site, a process akin to swarming in honeybees.
Nests, colonies, and supercolonies.
The typical ant species has a colony occupying a single nest, housing one or more queens, where the brood is raised. There are however more than 150 species of ants in 49 genera that are known to have colonies consisting of multiple spatially separated nests. These polydomous (as opposed to monodomous) colonies have food and workers moving between the nests. Membership to a colony is identified by the response of worker ants which identify whether another individual belongs to their own colony or not. A signature cocktail of body surface chemicals (also known as cuticular hydrocarbons or CHCs) forms the so-called colony odor which other members can recognize. Some ant species appear to be less discriminating and in the Argentine ant "Linepithema humile," workers carried from a colony anywhere in the southern US and Mexico are acceptable within other colonies in the same region. Similarly workers from colonies that have established in Europe are accepted by any other colonies within Europe but not by the colonies in the Americas. The interpretation of these observations has been debated and some have been termed these large populations as supercolonies while others have termed the populations as unicolonial.
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Behaviour and ecology.
Communication.
Ants communicate with each other using pheromones, sounds, and touch. Since most ants live on the ground, they use the soil surface to leave pheromone trails that may be followed by other ants. In species that forage in groups, a forager that finds food marks a trail on the way back to the colony; this trail is followed by other ants, these ants then reinforce the trail when they head back with food to the colony. When the food source is exhausted, no new trails are marked by returning ants and the scent slowly dissipates. This behaviour helps ants deal with changes in their environment. For instance, when an established path to a food source is blocked by an obstacle, the foragers leave the path to explore new routes. If an ant is successful, it leaves a new trail marking the shortest route on its return. Successful trails are followed by more ants, reinforcing better routes and gradually identifying the best path.
Ants use pheromones for more than just making trails. A crushed ant emits an alarm pheromone that sends nearby ants into an attack frenzy and attracts more ants from farther away. Several ant species even use "propaganda pheromones" to confuse enemy ants and make them fight among themselves. Pheromones are produced by a wide range of structures including Dufour's glands, poison glands and glands on the hindgut, pygidium, rectum, sternum, and hind tibia. Pheromones also are exchanged, mixed with food, and passed by trophallaxis, transferring information within the colony. This allows other ants to detect what task group (e.g., foraging or nest maintenance) other colony members belong to. In ant species with queen castes, when the dominant queen stops producing a specific pheromone, workers begin to raise new queens in the colony.
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Some ants produce sounds by stridulation, using the gaster segments and their mandibles. Sounds may be used to communicate with colony members or with other species.
Defence.
Ants attack and defend themselves by biting and, in many species, by stinging often injecting or spraying chemicals. Bullet ants ("Paraponera"), located in Central and South America, are considered to have the most painful sting of any insect, although it is usually not fatal to humans. This sting is given the highest rating on the Schmidt sting pain index.
The sting of jack jumper ants can be lethal for humans, and an antivenom has been developed for it. Fire ants, "Solenopsis" spp., are unique in having a venom sac containing piperidine alkaloids. Their stings are painful and can be dangerous to hypersensitive people. Formicine ants secrete a poison from their glands, made mainly of formic acid.
Trap-jaw ants of the genus "Odontomachus" are equipped with mandibles called trap-jaws, which snap shut faster than any other predatory appendages within the animal kingdom. One study of "Odontomachus bauri" recorded peak speeds of between , with the jaws closing within 130 microseconds on average. The ants were also observed to use their jaws as a catapult to eject intruders or fling themselves backward to escape a threat. Before striking, the ant opens its mandibles extremely widely and locks them in this position by an internal mechanism. Energy is stored in a thick band of muscle and explosively released when triggered by the stimulation of sensory organs resembling hairs on the inside of the mandibles. The mandibles also permit slow and fine movements for other tasks. Trap-jaws also are seen in other ponerines such as "Anochetus", as well as some genera in the tribe Attini, such as "Daceton", "Orectognathus", and "Strumigenys", which are viewed as examples of convergent evolution.
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A Malaysian species of ant in the "Camponotus" "cylindricus" group has enlarged mandibular glands that extend into their gaster. If combat takes a turn for the worse, a worker may perform a final act of suicidal altruism by rupturing the membrane of its gaster, causing the content of its mandibular glands to burst from the anterior region of its head, spraying a poisonous, corrosive secretion containing acetophenones and other chemicals that immobilise small insect attackers. The worker subsequently dies.
In addition to defence against predators, ants need to protect their colonies from pathogens. Secretions from the metapleural gland, unique to the ants, produce a complex range of chemicals including several with antibiotic properties. Some worker ants maintain the hygiene of the colony and their activities include undertaking or "necrophoresis", the disposal of dead nest-mates. Oleic acid has been identified as the compound released from dead ants that triggers necrophoric behaviour in "Atta mexicana" while workers of "Linepithema humile" react to the absence of characteristic chemicals (dolichodial and iridomyrmecin) present on the cuticle of their living nestmates to trigger similar behaviour. In "Megaponera analis," injured ants are treated by nestmastes with secretions from their metapleural glands which protect them from infection. "Camponotus" ants do not have a metapleural gland and "Camponotus maculatus" as well as "C. floridanus" workers have been found to amputate the affected legs of nestmates when the femur is injured. A femur injury carries a greater risk of infection unlike a tibia injury.
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Nests may be protected from physical threats such as flooding and overheating by elaborate nest architecture. Workers of "Cataulacus muticus", an arboreal species that lives in plant hollows, respond to flooding by drinking water inside the nest, and excreting it outside. "Camponotus anderseni", which nests in the cavities of wood in mangrove habitats, deals with submergence under water by switching to anaerobic respiration.
Learning.
Many animals can learn behaviours by imitation, but ants may be the only group apart from mammals where interactive teaching has been observed. A knowledgeable forager of "Temnothorax albipennis" can lead a naïve nest-mate to newly discovered food by the process of tandem running. The follower obtains knowledge through its leading tutor. The leader is acutely sensitive to the progress of the follower and slows down when the follower lags and speeds up when the follower gets too close.
Controlled experiments with colonies of "Cerapachys biroi" suggest that an individual may choose nest roles based on her previous experience. An entire generation of identical workers was divided into two groups whose outcome in food foraging was controlled. One group was continually rewarded with prey, while it was made certain that the other failed. As a result, members of the successful group intensified their foraging attempts while the unsuccessful group ventured out fewer and fewer times. A month later, the successful foragers continued in their role while the others had moved to specialise in brood care.
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Nest construction.
Complex nests are built by many ant species, but other species are nomadic and do not build permanent structures. Ants may form subterranean nests or build them on trees. These nests may be found in the ground, under stones or logs, inside logs, hollow stems, or even acorns. The materials used for construction include soil and plant matter, and ants carefully select their nest sites; "Temnothorax albipennis" will avoid sites with dead ants, as these may indicate the presence of pests or disease. They are quick to abandon established nests at the first sign of threats.
The army ants of South America, such as the "Eciton burchellii" species, and the driver ants of Africa do not build permanent nests, but instead, alternate between nomadism and stages where the workers form a temporary nest (bivouac) from their own bodies, by holding each other together.
Weaver ant ("Oecophylla" spp.) workers build nests in trees by attaching leaves together, first pulling them together with bridges of workers and then inducing their larvae to produce silk as they are moved along the leaf edges. Similar forms of nest construction are seen in some species of "Polyrhachis".
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"Formica polyctena", among other ant species, constructs nests that maintain a relatively constant interior temperature that aids in the development of larvae. The ants maintain the nest temperature by choosing the location, nest materials, controlling ventilation and maintaining the heat from solar radiation, worker activity and metabolism, and in some moist nests, microbial activity in the nest materials.
Some ant species, such as those that use natural cavities, can be opportunistic and make use of the controlled micro-climate provided inside human dwellings and other artificial structures to house their colonies and nest structures.
Cultivation of food.
Most ants are generalist predators, scavengers, and indirect herbivores, but a few have evolved specialised ways of obtaining nutrition. It is believed that many ant species that engage in indirect herbivory rely on specialized symbiosis with their gut microbes to upgrade the nutritional value of the food they collect and allow them to survive in nitrogen poor regions, such as rainforest canopies. Leafcutter ants ("Atta" and "Acromyrmex") feed exclusively on a fungus that grows only within their colonies. They continually collect leaves which are taken to the colony, cut into tiny pieces and placed in fungal gardens. Ergates specialise in related tasks according to their sizes. The largest ants cut stalks, smaller workers chew the leaves and the smallest tend the fungus. Leafcutter ants are sensitive enough to recognise the reaction of the fungus to different plant material, apparently detecting chemical signals from the fungus. If a particular type of leaf is found to be toxic to the fungus, the colony will no longer collect it. The ants feed on structures produced by the fungi called "gongylidia". Symbiotic bacteria on the exterior surface of the ants produce antibiotics that kill bacteria introduced into the nest that may harm the fungi.
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Navigation.
Foraging ants travel distances of up to from their nest and scent trails allow them to find their way back even in the dark. In hot and arid regions, day-foraging ants face death by desiccation, so the ability to find the shortest route back to the nest reduces that risk. Diurnal desert ants of the genus "Cataglyphis" such as the Sahara desert ant navigate by keeping track of direction as well as distance travelled. Distances travelled are measured using an internal pedometer that keeps count of the steps taken and also by evaluating the movement of objects in their visual field (optical flow). Directions are measured using the position of the sun.
They integrate this information to find the shortest route back to their nest.
Like all ants, they can also make use of visual landmarks when available as well as olfactory and tactile cues to navigate. Some species of ant are able to use the Earth's magnetic field for navigation. The compound eyes of ants have specialised cells that detect polarised light from the Sun, which is used to determine direction.
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These polarization detectors are sensitive in the ultraviolet region of the light spectrum. In some army ant species, a group of foragers who become separated from the main column may sometimes turn back on themselves and form a circular ant mill. The workers may then run around continuously until they die of exhaustion.
Locomotion.
The female worker ants do not have wings and reproductive females lose their wings after their mating flights in order to begin their colonies. Therefore, unlike their wasp ancestors, most ants travel by walking. Some species are capable of leaping. For example, Jerdon's jumping ant ("Harpegnathos saltator") is able to jump by synchronising the action of its mid and hind pairs of legs. There are several species of gliding ant including "Cephalotes atratus"; this may be a common trait among arboreal ants with small colonies. Ants with this ability are able to control their horizontal movement so as to catch tree trunks when they fall from atop the forest canopy.
Other species of ants can form chains to bridge gaps over water, underground, or through spaces in vegetation. Some species also form floating rafts that help them survive floods. These rafts may also have a role in allowing ants to colonise islands. "Polyrhachis sokolova", a species of ant found in Australian mangrove swamps, can swim and live in underwater nests. Since they lack gills, they go to trapped pockets of air in the submerged nests to breathe.
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Cooperation and competition.
Not all ants have the same kind of societies. The Australian bulldog ants are among the biggest and most basal of ants. Like virtually all ants, they are eusocial, but their social behaviour is poorly developed compared to other species. Each individual hunts alone, using her large eyes instead of chemical senses to find prey.
Some species attack and take over neighbouring ant colonies. Extreme specialists among these slave-raiding ants, such as the Amazon ants, are incapable of feeding themselves and need captured workers to survive. Captured workers of enslaved "Temnothorax" species have evolved a counter-strategy, destroying just the female pupae of the slave-making "Temnothorax americanus", but sparing the males (who do not take part in slave-raiding as adults).
Ants identify kin and nestmates through their scent, which comes from hydrocarbon-laced secretions that coat their exoskeletons. If an ant is separated from its original colony, it will eventually lose the colony scent. Any ant that enters a colony without a matching scent will be attacked.
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Parasitic ant species enter the colonies of host ants and establish themselves as social parasites; species such as "Strumigenys xenos" are entirely parasitic and do not have workers, but instead, rely on the food gathered by their "Strumigenys perplexa" hosts. This form of parasitism is seen across many ant genera, but the parasitic ant is usually a species that is closely related to its host. A variety of methods are employed to enter the nest of the host ant. A parasitic queen may enter the host nest before the first brood has hatched, establishing herself prior to development of a colony scent. Other species use pheromones to confuse the host ants or to trick them into carrying the parasitic queen into the nest. Some simply fight their way into the nest.
A conflict between the sexes of a species is seen in some species of ants with these reproducers apparently competing to produce offspring that are as closely related to them as possible. The most extreme form involves the production of clonal offspring. An extreme of sexual conflict is seen in "Wasmannia auropunctata", where the queens produce diploid daughters by thelytokous parthenogenesis and males produce clones by a process whereby a diploid egg loses its maternal contribution to produce haploid males who are clones of the father.
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Relationships with other organisms.
Ants form symbiotic associations with a range of species, including other ant species, other insects, plants, and fungi. They also are preyed on by many animals and even certain fungi. Some arthropod species spend part of their lives within ant nests, either preying on ants, their larvae, and eggs, consuming the food stores of the ants, or avoiding predators. These inquilines may bear a close resemblance to ants. The nature of this ant mimicry (myrmecomorphy) varies, with some cases involving Batesian mimicry, where the mimic reduces the risk of predation. Others show Wasmannian mimicry, a form of mimicry seen only in inquilines.
Aphids and other hemipteran insects secrete a sweet liquid called honeydew, when they feed on plant sap. The sugars in honeydew are a high-energy food source, which many ant species collect. In some cases, the aphids secrete the honeydew in response to ants tapping them with their antennae. The ants in turn keep predators away from the aphids and will move them from one feeding location to another. When migrating to a new area, many colonies will take the aphids with them, to ensure a continued supply of honeydew. Ants also tend mealybugs to harvest their honeydew. Mealybugs may become a serious pest of pineapples if ants are present to protect mealybugs from their natural enemies.
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Myrmecophilous (ant-loving) caterpillars of the butterfly family Lycaenidae (e.g., blues, coppers, or hairstreaks) are herded by the ants, led to feeding areas in the daytime, and brought inside the ants' nest at night. The caterpillars have a gland which secretes honeydew when the ants massage them. The chemicals in the secretions of "Narathura japonica" alter the behavior of attendant "Pristomyrmex punctatus" workers, making them less aggressive and stationary. The relationship, formerly characterized as "mutualistic", is now considered as possibly a case of the ants being parasitically manipulated by the caterpillars. Some caterpillars produce vibrations and sounds that are perceived by the ants. A similar adaptation can be seen in Grizzled skipper butterflies that emit vibrations by expanding their wings in order to communicate with ants, which are natural predators of these butterflies. Other caterpillars have evolved from ant-loving to ant-eating: these myrmecophagous caterpillars secrete a pheromone that makes the ants act as if the caterpillar is one of their own larvae. The caterpillar is then taken into the ant nest where it feeds on the ant larvae. A number of specialized bacteria have been found as endosymbionts in ant guts. Some of the dominant bacteria belong to the order Hyphomicrobiales whose members are known for being nitrogen-fixing symbionts in legumes but the species found in ant lack the ability to fix nitrogen. Fungus-growing ants that make up the tribe Attini, including leafcutter ants, cultivate certain species of fungus in the genera "Leucoagaricus" or "Leucocoprinus" of the family Agaricaceae. In this ant-fungus mutualism, both species depend on each other for survival. The ant "Allomerus decemarticulatus" has evolved a three-way association with the host plant, "Hirtella physophora" (Chrysobalanaceae), and a sticky fungus which is used to trap their insect prey.
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Lemon ants make devil's gardens by killing surrounding plants with their stings and leaving a pure patch of lemon ant trees, ("Duroia hirsuta"). This modification of the forest provides the ants with more nesting sites inside the stems of the "Duroia" trees. Although some ants obtain nectar from flowers, pollination by ants is somewhat rare, one example being of the pollination of the orchid "Leporella fimbriata" which induces male "Myrmecia urens" to pseudocopulate with the flowers, transferring pollen in the process. One theory that has been proposed for the rarity of pollination is that the secretions of the metapleural gland inactivate and reduce the viability of pollen. Some plants, mostly angiosperms but also some ferns, have special nectar exuding structures, extrafloral nectaries, that provide food for ants, which in turn protect the plant from more damaging herbivorous insects. Species such as the bullhorn acacia ("Acacia cornigera") in Central America have hollow thorns that house colonies of stinging ants ("Pseudomyrmex ferruginea") who defend the tree against insects, browsing mammals, and epiphytic vines. Isotopic labelling studies suggest that plants also obtain nitrogen from the ants. In return, the ants obtain food from protein- and lipid-rich Beltian bodies. In Fiji "Philidris nagasau" (Dolichoderinae) are known to selectively grow species of epiphytic "Squamellaria" (Rubiaceae) which produce large domatia inside which the ant colonies nest. The ants plant the seeds and the domatia of young seedling are immediately occupied and the ant faeces in them contribute to rapid growth. Similar dispersal associations are found with other dolichoderines in the region as well. Another example of this type of ectosymbiosis comes from the "Macaranga" tree, which has stems adapted to house colonies of "Crematogaster" ants.
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Many plant species have seeds that are adapted for dispersal by ants. Seed dispersal by ants or myrmecochory is widespread, and new estimates suggest that nearly 9% of all plant species may have such ant associations. Often, seed-dispersing ants perform directed dispersal, depositing the seeds in locations that increase the likelihood of seed survival to reproduction. Some plants in arid, fire-prone systems are particularly dependent on ants for their survival and dispersal as the seeds are transported to safety below the ground. Many ant-dispersed seeds have special external structures, elaiosomes, that are sought after by ants as food. Ants can substantially alter rate of decomposition and nutrient cycling in their nest. By myrmecochory and modification of soil conditions they substantially alter vegetation and nutrient cycling in surrounding ecosystem.
A convergence, possibly a form of mimicry, is seen in the eggs of stick insects. They have an edible elaiosome-like structure and are taken into the ant nest where the young hatch.
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Most ants are predatory and some prey on and obtain food from other social insects including other ants. Some species specialise in preying on termites ("Megaponera" and "Termitopone") while a few Cerapachyinae prey on other ants. Some termites, including "Nasutitermes corniger", form associations with certain ant species to keep away predatory ant species. The tropical wasp "Mischocyttarus drewseni" coats the pedicel of its nest with an ant-repellent chemical. It is suggested that many tropical wasps may build their nests in trees and cover them to protect themselves from ants. Other wasps, such as "A. multipicta", defend against ants by blasting them off the nest with bursts of wing buzzing. Stingless bees ("Trigona" and "Melipona") use chemical defences against ants.
Flies in the Old World genus "Bengalia" (Calliphoridae) prey on ants and are kleptoparasites, snatching prey or brood from the mandibles of adult ants. Wingless and legless females of the Malaysian phorid fly ("Vestigipoda myrmolarvoidea") live in the nests of ants of the genus "Aenictus" and are cared for by the ants.
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Fungi in the genera "Cordyceps" and "Ophiocordyceps" infect ants. Ants react to their infection by climbing up plants and sinking their mandibles into plant tissue. The fungus kills the ants, grows on their remains, and produces a fruiting body. It appears that the fungus alters the behaviour of the ant to help disperse its spores in a microhabitat that best suits the fungus. Strepsipteran parasites also manipulate their ant host to climb grass stems, to help the parasite find mates.
A nematode ("Myrmeconema neotropicum") that infects canopy ants ("Cephalotes atratus") causes the black-coloured gasters of workers to turn red. The parasite also alters the behaviour of the ant, causing them to carry their gasters high. The conspicuous red gasters are mistaken by birds for ripe fruits, such as "Hyeronima alchorneoides", and eaten. The droppings of the bird are collected by other ants and fed to their young, leading to further spread of the nematode.
A study of "Temnothorax nylanderi" colonies in Germany found that workers parasitized by the tapeworm "Anomotaenia brevis" (ants are intermediate hosts, the definitive hosts are woodpeckers) lived much longer than unparasitized workers and had a reduced mortality rate, comparable to that of the queens of the same species, which live for as long as two decades.
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South American poison dart frogs in the genus "Dendrobates" feed mainly on ants, and the toxins in the skin of some species come from the ants. Formicine ants in the genera "Brachymyrmex" and "Paratrechina" have been found to contain pumiliotoxin found in "Dendrobates pumilio". The West African frog "Phrynomantis microps" is able to move within the nests of "Paltothyreus tarsatus" ants, producing peptides on its skin that prevent the ants from stinging them.
Army ants which is the toxin found in forage in a wide roving column, attacking any animals in that path that are unable to escape. In Central and South America, "Eciton burchellii" is the swarming ant most commonly attended by "ant-following" birds such as antbirds and woodcreepers. This behaviour was once considered mutualistic, but later studies found the birds to be parasitic. Direct kleptoparasitism (birds stealing food from the ants' grasp) is rare and has been noted in Inca doves which pick seeds at nest entrances as they are being transported by species of "Pogonomyrmex". Birds that follow ants eat many prey insects and thus decrease the foraging success of ants. Birds indulge in a peculiar behaviour called anting that, as yet, is not fully understood. Here birds rest on ant nests, or pick and drop ants onto their wings and feathers; this may be a means to remove ectoparasites from the birds.
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Anteaters, aardvarks, pangolins, echidnas and numbats have special adaptations for living on a diet of ants. These adaptations include long, sticky tongues to capture ants and strong claws to break into ant nests. Brown bears ("Ursus arctos") have been found to feed on ants. About 12%, 16%, and 4% of their faecal volume in spring, summer and autumn, respectively, is composed of ants.
Relationship with humans.
Ants perform many ecological roles that are beneficial to humans, including the suppression of pest populations and aeration of the soil. The use of weaver ants in citrus cultivation in southern China is considered one of the oldest known applications of biological control. On the other hand, ants may become nuisances when they invade buildings or cause economic losses.
In some parts of the world (mainly Africa and South America), large ants, especially army ants, are used as surgical sutures. The wound is pressed together and ants are applied along it. The ant seizes the edges of the wound in its mandibles and locks in place. The body is then cut off and the head and mandibles remain in place to close the wound. The large heads of the dinergates (soldiers) of the leafcutting ant "Atta cephalotes" are also used by native surgeons in closing wounds.
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Some ants have toxic venom and are of medical importance. The species include "Paraponera clavata" (tocandira) and "Dinoponera" spp. (false tocandiras) of South America and the "Myrmecia" ants of Australia.
In South Africa, ants are used to help harvest the seeds of rooibos ("Aspalathus linearis"), a plant used to make a herbal tea. The plant disperses its seeds widely, making manual collection difficult. Black ants collect and store these and other seeds in their nest, where humans can gather them "en masse". Up to half a pound (200 g) of seeds may be collected from one ant-heap.
Although most ants survive attempts by humans to eradicate them, a few are highly endangered. These tend to be island species that have evolved specialized traits and risk being displaced by introduced ant species. Examples include the critically endangered Sri Lankan relict ant ("Aneuretus simoni") and "Adetomyrma venatrix" of Madagascar.
As food.
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In his "First Summer in the Sierra", John Muir notes that the Digger Indians of California ate the tickling, acid gasters of the large jet-black carpenter ants. The Mexican Indians eat the repletes, or living honey-pots, of the honey ant ("Myrmecocystus").
As pests.
Some ant species are considered as pests, primarily those that occur in human habitations, where their presence is often problematic. For example, the presence of ants would be undesirable in sterile places such as hospitals or kitchens. Some species or genera commonly categorized as pests include the Argentine ant, immigrant pavement ant, yellow crazy ant, banded sugar ant, pharaoh ant, red wood ant, black carpenter ant, odorous house ant, red imported fire ant, and European fire ant. Some ants will raid stored food, some will seek water sources, others may damage indoor structures, some may damage agricultural crops directly or by aiding sucking pests. Some will sting or bite. The adaptive nature of ant colonies make it nearly impossible to eliminate entire colonies and most pest management practices aim to control local populations and tend to be temporary solutions. Ant populations are managed by a combination of approaches that make use of chemical, biological, and physical methods. Chemical methods include the use of insecticidal bait which is gathered by ants as food and brought back to the nest where the poison is inadvertently spread to other colony members through trophallaxis. Management is based on the species and techniques may vary according to the location and circumstance.
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In science and technology.
Observed by humans since the dawn of history, the behaviour of ants has been documented and the subject of early writings and fables passed from one century to another. Those using scientific methods, myrmecologists, study ants in the laboratory and in their natural conditions. Their complex and variable social structures have made ants ideal model organisms. Ultraviolet vision was first discovered in ants by Sir John Lubbock in 1881. Studies on ants have tested hypotheses in ecology and sociobiology, and have been particularly important in examining the predictions of theories of kin selection and evolutionarily stable strategies. Ant colonies may be studied by rearing or temporarily maintaining them in "formicaria", specially constructed glass framed enclosures. Individuals may be tracked for study by marking them with dots of colours.
The successful techniques used by ant colonies have been studied in computer science and robotics to produce distributed and fault-tolerant systems for solving problems, for example Ant colony optimization and Ant robotics. This area of biomimetics has led to studies of ant locomotion, search engines that make use of "foraging trails", fault-tolerant storage, and networking algorithms.
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As pets.
From the late 1950s through the late 1970s, ant farms were popular educational children's toys in the United States. Some later commercial versions use transparent gel instead of soil, allowing greater visibility at the cost of stressing the ants with unnatural light.
In culture.
Anthropomorphised ants have often been used in fables, children's stories, and religious texts to represent industriousness and cooperative effort, such as in the Aesop fable The Ant and the Grasshopper. In the Quran, Sulayman is said to have heard and understood an ant warning other ants to return home to avoid being accidentally crushed by Sulayman and his marching army., In parts of Africa, ants are considered to be the messengers of the deities. Some Native American mythology, such as the Hopi mythology, considers ants as the first animals. Ant bites are often said to have curative properties. The sting of some species of "Pseudomyrmex" is claimed to give fever relief. Ant bites are used in the initiation ceremonies of some Amazon Indian cultures as a test of endurance. In Greek mythology, the goddess Athena turned the maiden Myrmex into an ant when the latter claimed to have invented the plough, when in fact it was Athena's own invention.
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Ant society has always fascinated humans and has been written about both humorously and seriously. Mark Twain wrote about ants in his 1880 book "A Tramp Abroad". Some modern authors have used the example of the ants to comment on the relationship between society and the individual. Examples are Robert Frost in his poem "Departmental" and T. H. White in his fantasy novel "The Once and Future King". The plot in French entomologist and writer Bernard Werber's "Les Fourmis" science-fiction trilogy is divided between the worlds of ants and humans; ants and their behaviour are described using contemporary scientific knowledge. H. G. Wells wrote about intelligent ants destroying human settlements in Brazil and threatening human civilization in his 1905 science-fiction short story, "The Empire of the Ants." A similar German story involving army ants, "Leiningen Versus the Ants", was written in 1937 and recreated in movie form as The Naked Jungle in 1954. In more recent times, animated cartoons and 3-D animated films featuring ants have been produced including "Antz", "A Bug's Life", "The Ant Bully", "The Ant and the Aardvark", "Ferdy the Ant" and "Atom Ant." Renowned myrmecologist E. O. Wilson wrote a short story, "Trailhead" in 2010 for "The New Yorker" magazine, which describes the life and death of an ant-queen and the rise and fall of her colony, from an ants' point of view.
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Ants also are quite popular inspiration for many science-fiction insectoids, such as the Formics of "Ender's Game", the Bugs of "Starship Troopers", the giant ants in the films "Them!" and "Empire of the Ants," Marvel Comics' super hero Ant-Man, and ants mutated into super-intelligence in "Phase IV". In computer strategy games, ant-based species often benefit from increased production rates due to their single-minded focus, such as the Klackons in the "Master of Orion" series of games or the ChCht in "Deadlock II". These characters are often credited with a hive mind, a common misconception about ant colonies. In the early 1990s, the video game "SimAnt", which simulated an ant colony, won the 1992 Codie award for "Best Simulation Program".
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Arbitration in the United States
Arbitration, in the context of the law of the United States, is a form of alternative dispute resolution. Specifically, arbitration is an alternative to litigation through which the parties to a dispute agree to submit their respective evidence and legal arguments to a third party (i.e., the arbitrator) for resolution. In practice, arbitration is generally used as a substitute for litigation. In some contexts, an arbitrator has been described as an umpire. Arbitration is broadly authorized by the Federal Arbitration Act. State regulation of arbitration is significantly limited by federal legislation and judicial decisions applying that law.
The practice of arbitration, especially forced arbitration clauses between workers or consumers and large companies or organizations, has been gaining a growing amount of scrutiny from both the general public and trial lawyers. Arbitration clauses face various challenges to enforcement, and clauses are unenforceable in the United States when a dispute which falls under the scope of an arbitration clause pertains to sexual harassment or assault.
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History.
Agreements to arbitrate were not enforceable at common law. This rule has been traced back to dictum by Lord Coke in "Vynor’s Case", 8 Co. Rep. 81b, 77 Eng. Rep. 597 (1609), that agreements to arbitrate were revocable by either party.
During the Industrial Revolution, merchants became increasingly opposed to this rule. They argued that too many valuable business relationships were being destroyed through years of expensive adversarial litigation, in courts whose rules differed significantly from the informal norms and conventions of businesspeople. Arbitration was promoted as being faster, less adversarial, and cheaper.
The result was the New York Arbitration Act of 1920, followed by the United States Arbitration Act of 1925 (now known as the Federal Arbitration Act). Both made agreements to arbitrate valid and enforceable (unless one party could show fraud or unconscionability or some other ground for rescission which undermined the validity of the entire contract). Due to the subsequent judicial expansion of the meaning of interstate commerce, the Supreme Court reinterpreted the FAA in a series of cases in the 1980s and 1990s to cover almost the full scope of interstate commerce. In the process, the Court held that the FAA preempted many state laws covering arbitration, some of which had been passed by state legislatures to protect their workers and consumers against powerful business interests. Starting in 1991 with the Gilmer decision arbitration expanded dramatically in the employment context, growing from 2.1 percent of employees subject to mandatory arbitration clauses in 1992 to 53.9% in 2017.
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Types of Arbitration.
Commercial and contract.
Since commercial arbitration is based upon either contract law or the law of treaties, the agreement between the parties to submit their dispute to arbitration is a legally binding contract. All arbitral decisions are considered to be "final and binding". This does not, however, void the requirements of law. Any dispute not excluded from arbitration by virtue of law (for example, criminal proceedings) may be submitted to arbitration.
Furthermore, arbitration agreements can only bind parties who have agreed, expressly or implicitly, to arbitrate, and parties cannot be required to submit to an arbitration process if they have not previously agreed so to submit. It is only through the advance agreement of the parties that the arbitrator derives any authority to resolve disputes. Arbitration cannot bind non-signatories to an arbitration contract, even if those non-signatories later become involved with a signatory to a contract by accident (usually through the commission of a tort). However, third-party non-signatories can be bound by arbitration agreements based on theories of estoppel, agency relationships with a party, assumption of the contract containing the arbitration agreement, third-party beneficiary status under the contract, or piercing the corporate veil.
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The question of whether two parties have actually agreed to arbitrate any disputes is one for judicial determination, because if the parties have not agreed to arbitrate then the arbitrator would have no authority. Where there is an arbitration agreement, doubts concerning "the "scope" of arbitrable issues should be resolved in favor of arbitration", but issues regarding whether a "claim" falls within the scope of arbitrable issues is a judicial matter, unless the parties have expressly agreed that the arbitrator may decide the scope of his or her own authority. Most courts hold that general arbitration clauses, such as an agreement to refer to arbitration any dispute "arising from" or "related to" a particular contract, do not authorize an arbitrator to determine whether a particular issue arises from or relates to the contract concerned. A minority view embraced by some courts is that this broad language can evidence the parties' clear and unmistakable intention to delegate the resolution of all issues to the arbitrator, including issues regarding arbitrability.
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Labor.
Arbitration may be used as a means of resolving labor disputes, an alternative to strikes and lockouts. Labor arbitration comes in two varieties:
Arbitration has also been used as a means of resolving labor disputes for more than a century. Labor organizations in the United States, such as the National Labor Union, called for arbitration as early as 1866 as an alternative to strikes to resolve disputes over the wages, benefits and other rights that workers would enjoy.
Interest arbitration.
Governments have relied on arbitration to resolve particularly large labor disputes, such as the Coal Strike of 1902. This type of arbitration, wherein a neutral arbitrator decides the terms of the collective bargaining agreement, is commonly known as interest arbitration. The United Steelworkers of America adopted an elaborate form of interest arbitration, known as the Experimental Negotiating Agreement, in the 1970s as a means of avoiding the long and costly strikes that had made the industry vulnerable to foreign competition. Major League Baseball uses a variant of interest arbitration, in which an arbitrator chooses between the two sides' final offers, to set the terms for contracts for players who are not eligible for free agency. Interest arbitration is now most frequently used by public employees who have no right to strike (for example, law enforcement and firefighters).
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Grievances.
Unions and employers have also employed arbitration to resolve employee and union grievances arising under a collective bargaining agreement. The Amalgamated Clothing Workers of America made arbitration a central element of the "Protocol of Peace" it negotiated with garment manufacturers in the second decade of the twentieth century. Grievance arbitration became even more popular during World War II, when most unions had adopted a no-strike pledge. The War Labor Board, which attempted to mediate disputes over contract terms, pressed for inclusion of grievance arbitration in collective bargaining agreements. The Supreme Court subsequently made labor arbitration a key aspect of federal labor policy in three cases which came to be known as the Steelworkers' Trilogy. The Court held that grievance arbitration was a preferred dispute resolution technique and that courts could not overturn arbitrators' awards unless the award does not draw its essence from the collective bargaining agreement. State and federal statutes may allow vacating an award on narrow grounds (e.g., fraud). These protections for arbitrator awards are premised on the union-management system, which provides both parties with due process. Due process in this context means that both parties have experienced representation throughout the process, and that the arbitrators practice only as neutrals. "See" National Academy of Arbitrators.
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Securities.
In the United States securities industry, arbitration has long been the preferred method of resolving disputes between brokerage firms, and between firms and their customers. The arbitration process operates under its own rules, as defined by contract. Securities arbitrations are held primarily by the Financial Industry Regulatory Authority.
The securities industry uses pre-dispute arbitration agreements, through which the parties agree to arbitrate their disputes before any such dispute arises. Those agreements were upheld by the United States Supreme Court in Shearson v. MacMahon, 482 U.S. 220 (1987) and today nearly all disputes involving brokerage firms, other than Securities class action claims, are resolved in arbitration.
The SEC has come under fire from members of the Senate Judiciary Committee for not fulfilling statutory duty to protect individual investors, because all brokers require arbitration, and arbitration does not provide a court-supervised discovery process, require arbitrators to follow rules of evidence or result in written opinions establishing precedence, or case law, or provide the efficiency gains it once did. Arbitrator selection bias, hidden conflicts of interest, and a case where an arbitration panel refused to follow instructions handed down from a judge, were also raised as issues.
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Judicial.
Some state court systems have promulgated court-ordered arbitration; family law (particularly child custody) is the most prominent example. Judicial arbitration is often merely advisory dispute resolution technique, serving as the first step toward resolution, but not binding either side and allowing for trial de novo. Litigation attorneys present their side of the case to an independent tertiary lawyer, who issues an opinion on settlement. Should the parties in question decide to continue to dispute resolution process, there can be some sanctions imposed from the initial arbitration per terms of the contract.
Class arbitration.
Similar to class action litigation, class arbitrations are types where a variety of plaintiffs with similar claims file to have disputes resolved under a single proceeding rather than numerous individual arbitrations. Since the Supreme Court ruled in "Lamps Plus, Inc. v. Varela" that class arbitrations could not be filed unless explicitly permitted, class arbitrations have been near non-existent. However, a 2025 currently-pending arbitration case led by 100 casino companies that signed similar arbitration contracts against card-shuffling machine manufacturer Light & Wonder involved American Arbitration Association arbitrator John WIlkinson making the decision to consolidate all 100 disputes into a single class, the first since the "Lamps Plus" decision as well as America's first antitrust class arbitration.
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Arbitration clauses.
Congress has expressed a policy in support of arbitration clauses. This support is found in the Federal Arbitration Act, (FAA) which permits compulsory and binding arbitration, under which parties give up the right to appeal an arbitrator's decision to a court. In "Prima Paint Corp. v. Flood & Conklin Mfg. Co.", the U.S. Supreme Court established the "separability principle", under which enforceability of a contract must be challenged in arbitration before any court action, unless the arbitration clause itself has been challenged. Today, mandatory (or "forced") arbitration clauses are widespread in the United States, with 15 of the largest 20 U.S. credit card issuers, 7 of the 8 largest cell phone companies, and 2 out of 3 major bike sharing companies in Seattle including such clauses in their consumer contracts. Arbitration clauses can be enforceable if "signed" electronically, though California courts have stated that a handwritten signature to an arbitration agreement is easier to enforce than one done electronically.
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In "AT&T Mobility v. Concepcion" (2011), the Supreme Court upheld an arbitration clause in a consumer standard form contract which waived the right to a lawsuit and class action. However, this clause was relatively generous in that the business paid all fees unless the action was determined to be frivolous and a small-claims court action remained available; these types of protections are recommended for the contract to remain enforceable and not unconscionable.
The Supreme Court has also ruled that questions on whether an arbitration clause should be enforced at all permits litigation involving the rest of the case to be stayed. In 2023's "Coinbase v. Bielski", the court ruled that federal district courts must stay proceedings involving a case during an arbitration appeal on such case.
Arbitration clauses can also be written in a manner which excludes certain disputes from being required to be sent to arbitration. Motions to compel arbitration involving excluded disputes then on would not be honored, as seen in a 2023 ruling made by the Ninth Circuit via one of its judicial panels. In such ruling, the casino firm Saipan included an arbitration agreement which exempted licensing claims from being subject to mandatory arbitration.
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Opt out provisions.
Some arbitration clauses in the United States offer opportunities for parties to opt out of the arbitration agreement and not be subject to it. Many companies utilize opt out clauses within their arbitration agreements, most often giving 30 or 60 days for consumers in contracts between consumers and companies to either send a rejection notice by mail or by email.
Including an opt out provision has been found to improve the likelihood of that a court will find an arbitration clause to be enforceable. In "Hopkins v. World Acceptance Corp", a case cited in "Ferrara v. Luxottica", failure to opt out of an arbitration agreement dilutes the ability to combat a motion to compel arbitration.
Many credit card companies which have arbitration agreements allow card signers to opt out, although company procedures may make it difficult for consumers to exercise that option.
Enforceability.
Validity and notice.
Although properly drafted arbitration clauses are generally valid, they are subject to challenge in court for compliance with laws and public policy. Arbitration clauses may potentially be challenged as unconscionable and, therefore, unenforceable. Typically, the validity of an arbitration clause is decided by a court rather than an arbitrator. However, if the validity of the entire arbitration agreement is in dispute, then the issue is decided by the arbitrators in the first instance. This is known as the principle of separability. For example, in "Rent-A-Center, West, Inc. v. Jackson", the Supreme Court of the United States held that "under the FAA, where an agreement to arbitrate includes an agreement that the arbitrator will determine the enforceability of the agreement, if a party challenges specifically the enforceability of that particular agreement, the district court considers the challenge, but if a party challenges the enforceability of the agreement as a whole, the challenge is for the arbitrator."
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In other words, the law typically allows federal courts to decide these types of "gateway" or validity questions, but the Supreme Court ruled that since Jackson targeted the entire contract rather than a specific clause, the arbitrator decided the validity. Public Citizen, an advocacy organization opposed to the enforcement of pre-dispute arbitration agreements, characterized the decision negatively: "the court said that companies can write their contracts so that the companies' own arbitrator decides whether it's fair to submit a case to that arbitrator."
Arbitration clauses must also further provide a clear procedure, and confusion or ambiguity in an arbitration clause can also cause such clause to be struck down. One example of this phenomenon occurred in a lawsuit against SoLo Funds, where a Philadelphia federal judge ruled that because the app did not make clear its arbitration requirements, the clause was unconscionable and SoLo's bid to compel arbitration was not granted. Ambiguity-related nullifications of arbitration agreements further extend to proof of agreement between the parties, as in "Romano v. BCBSM", Blue Cross Blue Shield of Michigan failed to compel arbitration against a former employee in June 2023 after US district judge George Caram Steeh III ruled that the online application process failed to adequately provide the employee notice of the arbitration agreement he would otherwise be bound to. In 2024, a ruling in "Marshall v. Georgetown Memorial Hospital" heard by the Fourth Circuit found that since in the case there was not a conspicuous notice to scroll down to read the full terms of an online contract, that an arbitration clause which only could be found by scrolling down could not be held to a duty to read principle, and that reasonable notice of the clause would still have not been found.
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Modification.
A significant challenge to arbitrate agreements arose out of South Carolina through the case "Hooters v. Phillips". In the 1999 case, a federal district court found that Hooters modified its dispute resolution rules in 1996 to be unfair enough that the court held that the agreement was unconscionable, partly due to Hooters requiring that all of the arbitrators in dispute resolution cases be selected from a list pre-approved by the company, which included Hooters managers. In April 2022, the Court of Appeals for the Fourth Circuit found that in "Coady v. Nationwide Motor Sales", because Nationwide Motor Sales' contract enabled them to be the sole party permitted to modify the contract that Coady signed. Citing "Hooters v. Phillips", the court expressed when an employer has the ability “in whole or in part” to modify the arbitration provision without notice to its employees. California's Court of Appeal reached a similar conclusion in "Peleg v. Neiman Marcus", in which a unilateral modification to an arbitration agreement invalidated the clause.
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Another instance of modified arbitration clauses causing it to be overturned was found in a privacy-related dispute between Amazon and its drivers who work under the company's Amazon Flex service. Amazon Flex drivers, who filed a class action lawsuit claiming that the company spied on private Facebook conversations, alleged that the updated 2019 terms related to Amazon Flex were not delivered properly to them, and that the 2016 terms, which did not include an arbitration clause, should apply. Ultimately, the Ninth Circuit decided that since Amazon was the party compelling arbitration, the burden of proof was on Amazon to prove that its flex drivers received notice of the 2019 updated terms, and that arbitration should not be compelled.
Waiver.
Some courts have found that parties can waive their right to compel arbitration through various forms of actions. In California, as demonstrated by "Davis v. Shiekh Shoes" and "Espinoza v. Superior Court", a party wishing to compel arbitration though failing to pay arbitration fees in a timely manner waives their right to compel arbitration, and must resolve the dispute in court. More importantly, the Supreme Court found in "Morgan v. Sundance" that a party which does not compel arbitration when a valid clause exists waives its right to compel arbitration. Justice Elena Kagan, writing for the court's unanimous ruling in favor of hourly Taco Bell employee Robyn Morgan, found that the Eighth Circuit created "special rules" in which Morgan was compelled to arbitrate based on Sundance's prejudice (delay) of compelling arbitration.
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The opinion on a party waiving its right to compel arbitration if it had litigated extensively prior to the motion has been further confirmed in light of "Davis" and "Espinoza" when one of Bronx County's justices ruled in "Worbes Corp v. Sebrow". Justice Fidel Gomez states that if a party who intended to compel arbitration brought a "substantive defense" before the court, served a trial notice, moved to depose a witness, or "interposed a counterclaim demanding money damages", that party would have waived its right to compel arbitration. Justice Gomez, however, clarified that such right would not be waived by a party if a defendant "had only defended its position and had not acted in a manner that waives the right to arbitrate".
Excessive fees.
Arbitration clauses can be void in instances where the costs of arbitration would be too high. In 1999's "Shankle v. B-G Maintenance Management of Colorado, Inc," the 10th Circuit Court of Appeals refused to grant a motion to compel arbitration on the basis that the fees were too high for the plaintiff Matthew Shankle. The Texas Courts of Appeals found in 2022's "Cont'l Homes of Texas v. Perez" that an arbitration clause in the case was unenforceable due to unaffordable arbitration costs for the plaintiffs and the arbitration agreement not being an adequate remedy for litigation.
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Severability.
In January 2023, a federal court in Delaware recommended that motions to compel arbitration which conflicted with the Employee Retirement Income Security Act of 1974 not be honored in "Burnett et al. v. Prudent Financial Services LLC, et al." (C.A. No. 22-270-RGA-JLH). Presiding magistrate judge Jennifer Hall interpreted that based on recent action by the Supreme Court and other federal courts, not every provision within the arbitration agreement should be validated. Additionally, Judge Hall prospected that entire arbitration agreements could become invalid if a single provision is found to be unenforceable by a court.
The notion of a single unconscionable provision invalidating the arbitration agreement, even if such provision was outside of the arbitration-related clauses of a contract, was expanded the following June when a California court ruled in "Alberto v. Cambrian Homecare" that a confidentiality agreement which prohibited discussing compensation and salary information, and threatened litigation and the collection of attorneys fees, was unenforceable and also declared the arbitration agreement unenforceable.
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Legislation and regulation.
Federal law.
Federal Arbitration Act.
Arbitration in the United States' most overarching clause is the Federal Arbitration Act (officially the United States Arbitration Act of 1925, commonly referred to as the FAA). The Act stipulates that arbitration in a majority of instances is legal when both parties, either after or prior to the arising of a dispute, agree to the arbitration. The Supreme Court has taken a pro-arbitration stance across most but not all cases, although the federal government, most recently in 2022, has passed certain exemptions to arbitration agreements. States are also generally prohibited from passing their own laws which the Supreme Court and other federal courts believe limit or discriminate against arbitration.
The Federal Arbitration Act also explicitly provides that workers involved in transportation are exempt from arbitration agreements, which the Supreme Court unanimously reaffirmed in various cases, with one notable example being 2022's "Southwest Airlines v. Saxon." This, however, does not apply to drivers working for Uber and other ridesharing services. In Bissonnette v. LePage Bakeries Park St., LLC (2024), the Court ruled that the FAA's exemption for transportation workers applies based on the nature of the work performed, rather than the industry of employment, further refining the scope of the statute.
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The Supreme Court has also clarified the scope of the FAA in cases involving employment and arbitration agreements. In Epic Systems Corp. v. Lewis (2018), the Court ruled that arbitration agreements requiring individual arbitration and prohibiting class or collective actions are enforceable under the FAA, despite the National Labor Relations Act's protections for concerted activities. More recently, in Badgerow v. Walters (2022), the Court held that federal courts lack jurisdiction to confirm or vacate arbitration awards unless an independent basis for federal jurisdiction exists, limiting federal court involvement in arbitration disputes. In Smith v. Spizzirri (2024), the Court clarified that when a party requests a stay of proceedings pending arbitration, courts must grant the stay rather than dismissing the case outright, reinforcing the FAA's procedural requirements. These decisions continue to shape how arbitration agreements are enforced in the United States.
Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
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In 2022, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA or EFAA), which excludes these types of complaints from arbitration clauses. Congress also included a ban on class action waivers for claims covered under the act. Under the law, claims which are filed after March 3, 2022, and fall under the scope of EFAA shall have agreements to submit disputes to binding arbitration and class action waivers within contracts signed deemed unenforceable for the entire case, though the law allows for claimants to have a case decided by binding arbitration if the plaintiff wishes upon filing. The law was championed by Gretchen Carlson, a former Fox News host sexually harassed for many years by then CEO Roger Ailes; she also opposed the use of non-disclosure agreements to shield perpetrators.
The law was introduced by Illinois House Democrat Cheri Bustos as HR 4445, and passed the House of Representatives by a 335–97 vote, with all no votes coming from Republicans. The EFAA passed the Senate with unanimous consent, and was signed into law by President Joe Biden on March 3, 2022. The law became effective immediately at signing. The state of Louisiana also passed a law in 2024, Act No. 541, which bans pre-dispute arbitration agreements in much of the same circumstances where EFAA bans pre-dispute arbitration agreements, though provides that agreements signed after the filing of a dispute is valid.
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Some legal agencies raised concerns that the law could allow for claims attached to a sexual harassment or sexual assault dispute to bypass arbitration as well. These concerns were ultimately confirmed in February 2023, where New York federal judge Paul A. Engelmayer ruled in two lawsuits against the company Everyrealm that if at least one claim in a single case was an act of sexual assault or sexual harassment, the pre-dispute arbitration agreement was unenforceable and arbitration could not be compelled. Engelmayer's decision was rooted in the decision from Congress to directly amend the Federal Arbitration Act, and its actions to do so were indicative of its intention to prohibit the practice in entire cases which the EFAA covers; Engelmayer, however, clarified that the claim of sexual assault or harassment must be reasonable and that the EFAA does not enable implausible claims of sexual harassment to be used to "dodge" arbitration agreements. One month later, a California court ruling on a sexual harassment lawsuit filed against Tesla further confirmed the EFAA's ability to ban compelling arbitration in sexual harassment suits, and a second New York federal court earlier came to a similar conclusion in a case filed by an investment banker. Other cases in Ohio, Pennsylvania, and Texas have ruled in favor of the EFAA broadly allowing all reasonably related cases to bypass and invalidate arbitration clauses, with most courts primarily justifying the broad scope the EFAA allows on its usage of the term "claim" over "case" in the legislation, and whether all claims are easonably related to an EFAA-covered kind of claim.
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Forced Arbitration Injustice Repeal Act.
The Forced Arbitration Injustice Repeal Act is a bill filed in every meeting of Congress since the 116th Congress which, if passed, contains provisions which ban arbitration agreements and class action waivers in cases between consumers and large companies, as well as employers and large companies. The bill is generally supported by the Democratic Party as well as Freedom Caucus member Matt Gaetz, though has usually been opposed by the Republican Party. In the 116th and 117th congresses, the bill passed the House but failed to pass the Senate; the bill has since been reintroduced in the 118th Congress by Democratic senators Sherrod Brown and Richard Blumenthal, and Democratic representative Hank Johnson.
McCarran–Ferguson Act.
In insurance law, arbitration is complicated by the fact that insurance is regulated at the state level under the McCarran–Ferguson Act. From a federal perspective, however, a circuit court ruling has determined that McCarran-Ferguson requires a state statute rather than administrative interpretations. The Missouri Department of Insurance attempted to block a binding arbitration agreement under its state authority, but since this action was based only on a policy of the department and not on a state statute, the United States district court found that the Department of Insurance did not have the authority to invalidate the arbitration agreement.
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Protecting Older Americans Act.
The Protecting Older Americans Act is pending legislation first filed in the 118th Congress by South Carolina Republicans Lindsey Graham in the Senate and Nancy Mace in the House. The law would ban and overturn arbitration agreements in cases involving discrimination based on age.
Federal regulation.
Federal Student Loans.
In November 2022, the Department of Education and the office on Federal Student Aid passed new rules which included reinstating a ban on institutions participating in its Direct Loan Program from utilizing pre-dispute mandatory arbitration agreements and class action waivers in cases relating to Borrower Defense to Repayment. The new rules also require institutions to disclose their uses of arbitration to the department and to provide certain records connected with any borrower defense claim against the school to the department. The Department of Education stated its reasoning for the ban is that class action waivers and arbitration agreements are too complex for much of the general public to comprehend and that arbitration "rarely" gives favorable decisions to consumers.The rules become effective on July 1, 2023.
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Department of Labor.
The United States Department of Labor was noted in May 2023 by Bloomberg Law journalist Khorri Atkinson for its increased focus and hostility towards mandatory arbitration and its use by employers for violating Department of Labor rules. Solicitor of Labor Seema Nanda has stated that the department will pursue more cases where employers are utilizing mandatory arbitration to commit violations of the Fair Labor Standards Act of 1938.
State law.
The FAA has been interpreted to preempt and invalidate state laws which prevent or discriminate against the enforcement of arbitration agreements. In one such case in 2023, which overruled California Assembly Bill 51, the Ninth Circuit Court of Appeals found that California's bill placed restrictions on the "broad national policy" favoring arbitration agreements. Similar fates have been bestowed upon legislation in New Jersey, New York, and Washington state which attempted to reduce the scope of arbitration clauses.
In 2014's "Atalese v. U.S. Legal Services Group, L.P", the Supreme Court of New Jersey ruled that arbitration clauses must have a valid jury trial waiver, which the court saw as a constitutional right which must be explicitly waived in a contract, in order to be effective, a position reaffirmed by Pennsylvania's Superior Court in 2022's "Chiluti v. Uber".
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A Pennsylvania appeals court in Philadelphia ruled in March 2023 that parents cannot bind their children to arbitration agreements over injuries, in a lawsuit between parents and a local trampoline park.
Proceedings.
Various bodies of rules have been developed that can be used for arbitration proceedings. The rules to be followed by the arbitrator are specified by the agreement establishing the arbitration.
Enforcement.
In some cases, a party may comply with an award voluntarily. However, in other cases a party will have to petition to receive a court judgment for enforcement through various means such as a writ of execution, garnishment, or lien. If the property is in another state, then a sister-state judgment (relying on the Full Faith and Credit Clause) can be received by filing to enforce the judgment in the state where the property is located.
Vacatur.
Under the Federal Arbitration Act, courts can only vacate awards for limited reasons set out in statute with similar language in the state model Uniform Arbitration Act.
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The court will generally not change the arbitrator's findings of fact but will decide only whether the arbitrator was guilty of malfeasance, or whether the arbitrator exceeded the limits of his or her authority in the arbitral award or whether the award was made in manifest disregard of law or conflicts with well-established public policy.
See also.
For the relevant conflict of laws elements, see contract, forum selection clause, choice of law clause, proper law, and "lex loci arbitri"
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Adversarial system
The adversarial system (also adversary system, accusatorial system, or accusatory system) is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly. It is in contrast to the inquisitorial system used in some civil law systems (i.e. those deriving from Roman law or the Napoleonic code) where a judge investigates the case.
The adversarial system is the two-sided structure under which criminal trial courts operate, putting the prosecution against the defense.
Basic features.
Adversarial systems are considered to have three basic features. The first is a neutral decision-maker such as a judge or jury. The second is presentation of evidence in support of each party's case, usually by lawyers. The third is a highly
structured procedure.
The rules of evidence are developed based upon the system of objections of adversaries and on what basis it may tend to prejudice the trier of fact which may be the judge or the jury. In a way the rules of evidence can function to give a judge limited inquisitorial powers as the judge may exclude evidence deemed to not be trustworthy, or irrelevant to the legal issue at hand. Peter Murphy in his "Practical Guide to Evidence" recounts an instructive example. A frustrated judge in an English (adversarial) court finally asked a barrister after witnesses had produced conflicting accounts, "Am I never to hear the truth?" "No, my lord, merely the evidence", replied counsel.
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Parties.
Judges in an adversarial system are impartial in ensuring the fair play of due process, or fundamental justice. Such judges decide, often when called upon by counsel rather than of their own motion, what evidence is to be admitted when there is a dispute; though in some common law jurisdictions judges play more of a role in deciding what evidence to admit into the record or reject. At worst, abusing judicial discretion would actually pave the way to a biased decision, rendering obsolete the judicial process in question—rule of law being illicitly subordinated by rule of man under such discriminating circumstances. Lord Devlin in "The Judge" said: "It can also be argued that two prejudiced searchers starting from opposite ends of the field will between them be less likely to miss anything than the impartial searcher starting at the middle."
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Criminal proceedings.
In criminal adversarial proceedings, an accused is not compelled to give evidence. Therefore, they may not be questioned by a prosecutor or judge unless they choose to be; however, should they decide to testify, they are subject to cross-examination and could be found guilty of perjury. As the election to maintain an accused person's right to silence prevents any examination or cross-examination of that person's position, it follows that the decision of counsel as to what evidence will be called is a crucial tactic in any case in the adversarial system and hence it might be said that it is a lawyer's manipulation of the truth. Certainly, it requires the skills of counsel on both sides to be fairly equally pitted and subjected to an impartial judge.
In some adversarial legislative systems, the court is permitted to make inferences on an accused's failure to face cross-examination or to answer a particular question. This obviously limits the usefulness of silence as a tactic by the defense. In the United States, the Fifth Amendment has been interpreted to prohibit a jury from drawing a negative inference based on the defendant's invocation of his or her right not to testify, and the jury must be so instructed if the defendant requests.
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By contrast, while defendants in most civil law systems can be compelled to give statements, these statements are not subject to cross-examinations by the prosecution and are not given under oath. This allows the defendant to explain their side of the case without being subject to cross-examination by a skilled opposition. However, this is mainly because it is not the prosecutor but the judge who questions the defendant. The concept of "cross"-examination is entirely due to adversarial structure of the common law.
Comparison with inquisitorial systems.
The name "adversarial system" may be misleading in that it implies it is only within this type of system in which there are opposing prosecution and defense. This is not the case, and both modern adversarial and inquisitorial systems have the powers of the state separated between a prosecutor and the judge and allow the defendant the right to counsel. Indeed, the European Convention on Human Rights and Fundamental Freedoms in Article 6 requires these features in the legal systems of its signatory states.
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One of the most significant differences between the adversarial system and the inquisitorial system occurs when a criminal defendant admits to the crime. In an adversarial system, there is no more controversy and the case proceeds to sentencing; though in many jurisdictions the defendant must have allocution of her or his crime; an obviously false confession will not be accepted even in common law courts. By contrast, in an inquisitorial system, the fact that the defendant has confessed is merely one more fact that is entered into evidence, and a confession by the defendant does not remove the requirement that the prosecution present a full case. This allows for plea bargaining in adversarial systems in a way that is difficult or impossible in inquisitional system, and many felony cases in the United States are handled without trial through such plea bargains. Plea bargains are becoming more common in 27 civil law countries.
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Abano Terme
Abano Terme (known as Abano Bagni until 1924) is a town and "comune" in the Province of Padua, in the Veneto region, Italy, on the eastern slope of the Euganean Hills; it is southwest by rail from Padua. Abano Terme's population is 19,062 (2001) (in 1901 it was 4,556).
The town's hot springs and mud baths are an important economic resource. The waters have a temperature of about .
History.
The baths were known to the Romans as "Aponi fons" or "Aquae Patavinae". A description of them is given in a letter to Theodoric, the king of the Ostrogoths, from Cassiodorus. Some remains of the ancient baths have been discovered (S. Mandruzzato, "Trattato dei Bagni d'Abano," Padua, 1789). An oracle of Geryon lay near, and the so-called "sortes Praenestinae" (C.I.L. i., Berlin, 1863; 1438–1454), small bronze cylinders inscribed, and used as oracles, were perhaps found here in the 16th century.
The baths were destroyed by the Lombards in the 6th century, but they were rebuilt and enlarged when Abano became an autonomous comune in the 12th century and, again, in the late 14th century. The city was under the Republic of Venice from 1405 to 1797.
Main sights.
Just outside the city is San Daniele Abbey (11th century). from the city is also Praglia Abbey, founded in the 11th century by Benedictine monks and rebuilt in 1496–1550. The abbey church of the Assumption, with a marble portal from 1548, has a Renaissance style interior.
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Abated
Abated, an ancient technical term applied in masonry and metal work to those portions which are sunk beneath the surface, as in inscriptions where the ground is sunk round the letters so as to leave the letters or ornament in relief.
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Abati
Abati is a surname. It was used by an ancient noble family of Florence.
Notable people with the surname include:
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Abatis
An abatis, abattis, or abbattis is a field fortification consisting of an obstacle formed (in the modern era) of the branches of trees laid in a row, with the sharpened tops directed outwards, towards the enemy. The trees are usually interlaced or tied with wire. Abatis are used alone or in combination with wire entanglements and other obstacles.
History.
Gregory of Tours mentions the use of abatises several times in his writing about the history of the early Franks. He wrote that the Franks ambushed and destroyed a Roman army near Neuss during the reign of Magnus Maximus with the use of an abatis. He also wrote that Mummolus, a general working for Burgundy, successfully used an abatis to defeat a Lombard army near Embrun.
A classic use of an abatis was at the Battle of Carillon (1758) during the Seven Years' War. The 3,600 French troops defeated a massive army of 16,000 British and Colonial troops by fronting their defensive positions with an extremely dense abatis. The British found the defences almost impossible to breach and were forced to withdraw with some 2,600 casualties. Other uses of an abatis can be found at the Battle of the Chateauguay, 26 October 1813, when approximately 1,300 Canadian Voltigeurs, under the command of Charles-Michel de Salaberry, defeated an American corps of approximately 4,000 men, or at the Battle of Plattsburgh.
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Construction.
An important weakness of abatis, in contrast to barbed wire, is that it can be destroyed by fire. Also, if laced together with rope instead of wire, the rope can be very quickly destroyed by such fires, after which the abatis can be quickly pulled apart by grappling hooks thrown from a safe distance.
An important advantage is that an improvised abatis can be quickly formed in forested areas. This can be done by simply cutting down a row of trees so that they fall with their tops toward the enemy. An alternative is to place explosives so as to blow the trees down.
Modern use.
Abatis are rarely seen nowadays, having been largely replaced by wire obstacles. However, it may be used as a replacement or supplement when barbed wire is in short supply. A form of giant abatis, using whole trees instead of branches, can be used as an improvised anti-tank obstacle.
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Antoine Thomson d'Abbadie
Antoine Thomson d'Abbadie d'Arrast (3 January 1810 – 19 March 1897) was a French explorer, geographer, ethnologist, linguist and astronomer of Irish birth, renowned for his expeditions in Ethiopia during the early 19th century. He was the elder brother of Arnaud-Michel d'Abbadie, who accompanied him on his travels.
Biography.
Antoine Thomson d’Abbadie was born a British subject in Dublin, Ireland, to a family of partial Basque noble descent from the French province of Soule. His mother, Madame Thompson, was Irish, and his father, Michel d’Abbadie, was a native of Arrast-Larrebieu. He descended from an ancient lineage of lay abbots based in Arrast, a commune in the canton of Mauléon. These lay abbots were originally instituted by Charlemagne to protect the borderlands against Saracen incursions. Residing in the abbeys of the Basque region, they lived with weapons in hand, ever prepared to defend their territories. They were granted the right to collect tithes and participated in the appointment of priests, selecting candidates in collaboration with the bishop. The name "d’Abbadie" originally referred not to a surname but to their ecclesiastical function ("abbatia," "abbadia").
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In 1818, the family relocated to France, where Antoine and his brother received a rigorous scientific education. Antoine earned a bachelor's degree in Toulouse in 1827 and began studying law in Paris in 1829.
On 21 February 1859, he married Virginie Vincent de Saint-Bonnet. He later settled in Hendaye where he acquired 250ha of land to construct a castle. He also served as the mayor of Hendaye from 1871 to 1875.
D’Abbadie was made a Knight of the Legion of Honour on 27 September 1850 and later served as president of the French Academy of Sciences. Upon his death in 1897, he bequeathed the Abbadia estate and castle in Hendaye, generating an annual revenue of 40,000 francs, to the Academy of Sciences. This legacy came with the stipulation that the Academy compile a catalog of 500,000 stars within fifty years.
Education.
Michel d’Abbadie returned to France with his family around 1820. Settling initially in Toulouse, he personally oversaw the education of his children, who were placed under the care of a governess. “I was raised,” Antoine later recounted, “in the English tradition alongside my sisters. We spent our days and nights in a dormitory, closely monitored by a servant. In the evenings, we had little opportunity to converse with our parents, save for an occasional story from Father before being sent to play quietly in a corner of the room. We always addressed our parents formally, as ‘Sir’ or ‘Madam.’”
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Antoine remained at home for three or four years, “far removed from the strict discipline of a boarding school tutor.” At the age of 13, he entered middle school, where he demonstrated exceptional enthusiasm and academic fervor. Even as a child, he exhibited a deep curiosity about the unknown in his surroundings. He once asked his governess, “What lies at the end of the road?” She replied, “A river, my friend.” “And what lies beyond the river?” he inquired. “A mountain,” came the answer. “And beyond the mountain?” the boy persisted. “I cannot say, for I have never been there,” she admitted. “Then I shall journey forth and discover it myself,” declared the child. This insatiable thirst for knowledge became a defining characteristic of Antoine d’Abbadie’s life. Gifted with extraordinary linguistic abilities, he would go on to master numerous languages, including English, Italian, German, Latin, Greek, Hebrew, Arabic, Berber, and several Ethiopian languages.
In August 1827, Antoine obtained his baccalaureate and returned to Toulouse to study law. Among his closest friends at the time were Pierre Étienne Simon Duchartre, Bernard-Adolphe Granier de Cassagnac and .The young men often discussed their ambitions for the future. “Sometimes,” d’Abbadie later noted, “Granier asks about my plans; I respond with trivialities, and he likely interprets this as indecision. Yet in my heart, I hold the most extraordinary and beautiful project, one that fills me with joy in my idle moments and which I treasure as much as any other pursuit.”
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This grand project, to which the young law student alluded, had been germinating in his mind for years. Since his middle school days, it had shaped his focus, his education, and even the smallest details of his life. From an early age, d’Abbadie harbored the passions and aspirations of an adventurer. While initially vague, his ideas gradually crystallized into a more concrete vision. “After completing college in 1829,” he later recounted, “I undertook six years of study specifically aimed at preparing myself for the exploration of Africa’s interior, which I intended to enter through Tunisia and Morocco. Reading the travels of Bruce transported my imagination to East Africa—a region marked by extensive migrations and the origins of enduring traditions, yet veiled in mystery. I became convinced that the most noble pursuit a man could dedicate himself to was the study of his fellow human beings.”
During these six formative years, d’Abbadie rigorously prepared himself for the challenges of exploration. Gifted with exceptional physical agility, even by Basque standards, he spent years honing his body and mind through physical training. He became skilled in fencing, practiced gymnastics, competed in endurance races under various weather conditions, and developed into an accomplished swimmer. During a vacation in Biarritz in 1827, he impressed the local population by swimming to the Boucalot rock, located nearly 500 meters offshore.
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Science and explorations.
In 1835, the French Academy commissioned Antoine d’Abbadie to undertake a scientific mission to Brazil. The findings of this expedition were later published in 1873 under the title "Observations relatives à la physique du globe faites au Brésil et en Éthiopie". In November 1836, he embarked on the frigate L'Andromède, accompanied by Louis-Napoléon Bonaparte, who was then in exile following the failed Strasbourg uprising.
Having successfully completed his assignment in Brazil, Antoine hastened to Cairo in 1837 to join his younger brother, Arnaud, who awaited him there. The two young explorers, aged 26 and 21, subsequently embarked on an expedition that would keep them in Ethiopia for nearly 12 years.
In February 1838, the d’Abbadie brothers landed at Massawa. They traveled extensively throughout Ethiopia, reaching as far south as the Kingdom of Kaffa. Often journeying together but occasionally venturing separately, their explorations encompassed scientific research and political engagement. Antoine, in particular, immersed himself in local political dynamics, advocating for French interests and supporting Catholic missionary efforts.
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Arnaud d’Abbadie held several distinguished roles in Ethiopia, including those of general, judge, and diplomat. He actively participated in battles and was granted the title of Ras, one of the most esteemed honors in the country. Antoine, by contrast, followed an academic path and became a dedicated scholar. Reflecting on his time in Ethiopia, he remarked, "When residing in a foreign country without any known antecedents, it is advisable to adopt a vocation in line with local customs, as failure to do so may result in being branded as a political spy, a hazardous accusation in any nation. As I was unable to engage in combat, agriculture, or merchandising, I identified as a "mamhir", or teacher and scholar, during my time in Christian Ethiopia and received an education from their public and non-compulsory schools."
During their extended stay, the two brothers fully assimilated into local customs. They exchanged their European attire for the turban and toga of the Ethiopians and traversed the region barefoot, as, at the time, only lepers and Jews wore sandals. This cultural integration earned them warm receptions wherever they traveled.
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The d’Abbadie brothers undertook extensive journeys throughout Ethiopia, meticulously documenting a wide range of topics, including human and physical geography, religion, legislative texts, ethnography, philology, linguistics, numismatics, and history. Antoine, in particular, amassed a remarkable collection of 250 ancient manuscripts. With the assistance of the Ethiopian Debtera Tewelde Medhin of Welkait, he also compiled the first-ever Amharic-French dictionary, encompassing 15,000 words.
By late 1848, after fulfilling and exceeding their ambitious self-imposed goals, the d’Abbadie brothers departed Ethiopia, leaving behind a legacy of unparalleled scholarly and cultural contributions.
Antoine became involved in various controversies relating both to his geographical results and his political intrigues. He was especially attacked by Charles Tilstone Beke, who impugned his veracity, especially with reference to the journey to Kaffa. But time and the investigations of subsequent explorers have shown that Abbadie was quite trustworthy as to his facts, though wrong in his assertion — hotly contested by Beke — that the Blue Nile was the main stream.
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But time and the investigations of subsequent explorers have shown that Abbadie was quite trustworthy as to his facts, though wrong in his assertion — hotly contested by Beke — that the Blue Nile was the main stream. The topographical results of his explorations were published in Paris between 1860 and 1873 in "Géodésie d'Éthiopie", full of the most valuable information and illustrated by ten maps. Of the "Géographie de l'Éthiopie" (Paris, 1890) only one volume was published. In "Un Catalogue raisonné de manuscrits éthiopiens" (Paris, 1859) is a description of 234 Ethiopian manuscripts collected by Antoine. He also compiled various vocabularies, including a "Dictionnaire de la langue amariñña" (Paris, 1881), and prepared an edition of the "Shepherd of Hermas", with the Latin version, in 1860. He published numerous papers dealing with the geography of Ethiopia, Ethiopian coins and ancient inscriptions. Under the title of "Reconnaissances magnétiques" he published in 1890 an account of the magnetic observations made by him in the course of several journeys to the Red Sea and the Levant.
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Under the title of "Reconnaissances magnétiques" he published in 1890 an account of the magnetic observations made by him in the course of several journeys to the Red Sea and the Levant. The general account of the travels of the two brothers was published by Arnaud in 1868 under the title of "Douze ans de séjour dans la Haute Ethiopie". The book has been translated into English "Twelve Years in Upper Ethiopia".
Antoine was responsible for streamlining techniques in geodesy, along with inventing a new theodolite for measuring angles.
Basque and bascophile.
Basque through his father, Abbadie developed a particular interest in the Basque Language after meeting Prince Louis Lucien Bonaparte in London. He started his academic work on Basque in 1852.
A speaker of both Souletin and Lapurdian, a resident of Lapurdi, Abbadie considered himself a Basque from Soule. The popularity of the motto "Zazpiak Bat" is attributed to Abbadie, coined in the framework of the "Lore Jokoak" Basque festivals that he fostered.
Abbadia Castle.
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Abbadie gave his castle home the name "Abbadia", which is the name still used in Basque. However, in French it is usually referred to as "Chateau d'Abbadie" or "Domaine d'Abbadia", and locally it is not unusual for it to be called "le Chateau d'Antoine d'Abbadie".
The château was built between 1864 and 1879 on a cliff by the Atlantic Ocean, and was designed by Eugène Viollet-le-Duc in the Neo Gothic style. It is considered one of the most important examples of French Gothic Revival Architecture. It is divided in three parts: the observatory and library, the chapel, and the living quarters.
Over the front entrance door of the château is engraved "Céd míle fáilte" Irish gaelic for one hundred thousand welcomes in honour of his Irish heritage.
The château still belongs to the Academy of Science to which it was bequeathed in 1895 on condition of its producing a catalogue of half-a-million stars within fifty years' time, with the work to be carried out by members of religious orders.
The château was classified as a protected historical monument by France in 1984. Most of the château property now belongs to the Coastal Protection Agency, and is managed by the city of Hendaye.
Publications.
Awards and memberships.
Antoine received the French Legion of Honor on 27 September 1850 with the order of chevalier or knight. He was a member of the Bureau des Longitudes, founding president of the Société de Linguistique de Paris in 1864, and president of the French Academy of Sciences in 1892. Both brothers received the grand medal of the Paris Geographical Society in 1850.
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Abba Mari
Abba Mari ben Moses ben Joseph, was a Provençal rabbi, born at Lunel, near Montpellier, towards the end of the 13th century. He is also known as Yarhi from his birthplace (Hebrew "Yerah", i.e. moon, lune), and he further took the name Astruc, Don Astruc or En Astruc of Lunel from the word "astruc" meaning lucky.
The descendant of men learned in rabbinic lore, Abba Mari devoted himself to the study of theology and philosophy, and made himself acquainted with the writings of Moses Maimonides and Nachmanides as well as with the "Talmud".
In Montpellier, where he lived from 1303 to 1306, he was much distressed by the prevalence of Aristotelian rationalism, which (in his opinion) through the medium of the works of Maimonides, threatened the authority of the Old Testament, obedience to the law, and the belief in miracles and revelation. He therefore, in a series of letters (afterwards collected under the title "Minhat Kenaot", i.e., "Offering of Zealotry") called upon the famous rabbi Solomon ben Aderet of Barcelona to come to the aid of orthodoxy. Ben Aderet, with the approval of other prominent Spanish rabbis, sent a letter to the community at Montpellier proposing to forbid the study of philosophy to those who were less than twenty-five years of age, and, in spite of keen opposition from the liberal section, a decree in this sense was issued by Ben Aderet in 1305. The result was a great schism among the Jews of Spain and southern France, and a new impulse was given to the study of philosophy by the unauthorized interference of the Spanish rabbis.
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Upon the expulsion of the Jews from France by Philip IV in 1306, Abba Mari settled at Perpignan, where he published the letters connected with the controversy. His subsequent history is unknown. Beside the letters, he was the author of liturgical poetry and works on civil law.
Defender of Law and Tradition.
Leader of the opposition to the rationalism of the Maimonists in the Montpellier controversy of 1303–1306; born at Lunel—hence his name, Yarḥi (from Yeraḥ = Moon = Lune). He was a descendant of Meshullam ben Jacob of Lunel, one of whose five sons was Joseph, the grandfather of Abba Mari, who, like his son Moses, the father of Abba Mari, was highly respected for both his rabbinical learning and his general erudition. Abba Mari moved to Montpellier, where, to his chagrin, he found the study of rabbinical lore greatly neglected by the young, who devoted all of their time and zeal to science and philosophy. The rationalistic method pursued by the new school of Maimonists (including Levi ben Abraham ben Chayyim of Villefranche, near the town of Perpignan, and Jacob Anatolio) especially provoked his indignation; for the sermons preached and the works published by them seemed to resolve the entire Scriptures into allegory and threatened to undermine the Jewish faith and the observance of the Law and tradition. He was not without some philosophical training. He mentions even with reverence the name of Maimonides, whose work he possessed and studied; but he was more inclined toward the mysticism of Nachmanides. Above all, he was a thorough believer in revelation and in a divine providence, and was a sincere, law-observing follower of rabbinical Judaism. He would not allow Aristotle, "the searcher after God among the heathen," to be ranked with Moses.
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Opponent of Rationalism.
Abba Mari possessed considerable Talmudic knowledge and some poetical talent; but his zeal for the Law made him an agitator and a persecutor of all the advocates of liberal thought. Being himself without sufficient authority, he appealed in a number of letters, afterward published under the title of "Minḥat Ḳenaot" ("Jealousy Offering"), to Solomon ben Adret of Barcelona, the most influential rabbi of the time, to use his powerful authority to check the source of evil by hurling his anathema against both the study of philosophy and the allegorical interpretations of the Bible, which did away with all belief in miracles. Ben Adret, while reluctant to interfere in the affairs of other congregations, was in perfect accord with Abba Mari as to the danger of the new rationalistic systems, and advised him to organize the conservative forces in defense of the Law. Abba Mari, through Ben Adret's aid, obtained allies eager to take up his cause, among whom were Don Bonafoux Vidal of Barcelona and his brother, Don Crescas Vidal, then in Perpignan.
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Abba Mari, through Ben Adret's aid, obtained allies eager to take up his cause, among whom were Don Bonafoux Vidal of Barcelona and his brother, Don Crescas Vidal, then in Perpignan. The proposition of the latter to prohibit, under penalty of excommunication, the study of philosophy and any of the sciences except medicine, by one under thirty years of age, met with the approval of Ben Adret. Accordingly, Ben Adret addressed to the congregation of Montpellier a letter, signed by fifteen other rabbis, proposing to issue a decree pronouncing the anathema against all those who should pursue the study of philosophy and science before due maturity in age and in rabbinical knowledge. On a Sabbath in September, 1304, the letter was to be read before the congregation, when Jacob Machir Don Profiat Tibbon, the renowned astronomical and mathematical writer, entered his protest against such unlawful interference by the Barcelona rabbis, and a schism ensued. Twenty-eight members signed Abba Mari's letter of approval; the others, under Tibbon's leadership, addressed another letter to Ben Adret, rebuking him and his colleagues for condemning a whole community without knowledge of the local conditions. Twenty-eight members signed Abba Mari's letter of approval; the others, under Tibbon's leadership, addressed another letter to Ben Adret, rebuking him and his colleagues for condemning a whole community without knowledge of the local conditions. Finally, the agitation for and against the liberal ideas brought about a schism in the entire Jewish population in southern France and Spain.
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Encouraged, however, by letters signed by the rabbis of Argentière and Lunel, and particularly by the support of Kalonymus ben Todros, the "nasi" of Narbonne, and of the eminent Talmudist Asheri of Toledo, Ben Adret issued a decree, signed by thirty-three rabbis of Barcelona, excommunicating those who should, within the next fifty years, study physics or metaphysics before their thirtieth year of age (basing his action on the principle laid down by Maimonides, "Guide for the Perplexed" part one chapter 34), and had the order promulgated in the synagogue on Sabbath, July 26, 1305. When this heresy-decree, to be made effective, was forwarded to other congregations for approval, the friends of liberal thought, under the leadership of the Tibbonites, issued a counter-ban, and the conflict threatened to assume a serious character, as blind party zeal (this time on the liberal side) did not shrink from asking the civil powers to intervene. But an unlooked-for calamity brought the warfare to an end. The expulsion of the Jews from France by Philip IV ("the Fair"), in, caused the Jews of Montpellier to take refuge, partly in Provence, partly in Perpignan and partly in Majorca. Consequently, Abba Mari removed first to Arles, and, within the same year, to Perpignan, where he finally settled and disappeared from public view. There he published his correspondence with Ben Adret and his colleagues.
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"Minchat Kenaot".
Abba Mari collected the correspondence and added to each letter a few explanatory notes. Of this collection, called "Minchat Kenaot", several manuscript copies survive (at Oxford; Paris; Günzburg Libr., Saint Petersburg; Parma; Ramsgate Montefiore College Library; and Turin). Some of these are mere fragments. The printed edition (Presburg, 1838), prepared by M. L. Bislichis, contains: (1) Preface; (2) a treatise of eighteen chapters on the incorporeality of God; (3) correspondence; (4) a treatise, called "Sefer ha-Yarḥi," included also in letter 58; (5) a defense of "The Guide" and its author by Shem-Tob Palquera.
As the three cardinal doctrines of Judaism, Abba Mari accentuates: (1) Recognition of God's existence and of His absolute sovereignty, eternity, unity, and incorporeality, as taught in revelation, especially in the "Ten Commandments"; (2) the world's creation by Him out of nothing, as evidenced particularly by the Sabbath; (3) special Divine providence, as manifested in the Biblical miracles. In the preface, Abba Mari explains his object in collecting the correspondence; and in the treatise which follows he shows that the study of philosophy, useful in itself as a help toward the acquisition of the knowledge of God, requires great caution, lest we be misled by the Aristotelian philosophy or its false interpretation, as regards the principles of "creatio ex nihilo" and divine individual providence. The manuscripts include twelve letters which are not included in the printed edition of "Minḥat Ḳenaot."
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