Zak Brooks Essays (580 words) - Education, Behavior Modification

Zak Brooks James J. Successful student essay 10:00 13 October 2017 Tips to be a successful college student Many students have only a small idea of what it takes to be successful in college. Most students could get by doing the minimum amount of work in high school, and get a big shock when they get to college and are failing classes. That's because college is not there to just help you and pass you along to something better, it is there to separate the overachievers from the underachievers. The key to be a successful college student is learning how to manage your studies and fun to make the of your time in college. A big part of being successful is learning proper study habits. If students learn early on how to properly study they will find doing well in classes becomes much less of a struggle, and takes a lot of stress off them. Many students do not realize it but studying can be fun; all you need to do is find a group of friends in your class that are willing to get together to form a study group. By finding a group of friends there will be other people to talk with and pass the time while studying, so it wont end up being so boring. Taking notes in class is a very important detail, as boring as it seems at the time to take notes; you will thank yourself when you are trying to study. Finally, if you have a question do not be afraid to go visit the professor, they will most likely be very happy to help you and they can often explain it much better in a one on one setting rather than with the whole class. The second part to being successful in college is being able to learn how to have a good time. Many students feel the need to put all their energy into their school work which will get very old and tiring after a while. You need to make sure that you have plenty of friends. The more friends that you have is just more people that you can talk too or go eat with so you are not always doing everything alone. Get out occasionally, you cannot spend all day just locked in your dorm studying. Go to a party Friday night, go somewhere on the weekend, go get hammered with your friends, just have a good time; make the most of it. It is okay to miss a class you usually get 3 absences, use them. If your friends ask you want to go do something and it seems fun, go do it you can always do something outside of class or get the notes but do not miss out on a good time because of a class. You need to be able to handle the school work, but you also need to be able to relax and have a good time. Many students are not fully prepared for the added challenges of college from those that they had in high School. It is important to make sure that you spend enough time on your studies as that is your main priority when you are at college. You also need to make sure that you incorporate time to have fun so you are not constantly studying your time away. College is meant to prepare you for a job, but also to go out into the real world on your own..

Corporate Personality Essay Example

Corporate Personality Essay Example Corporate Personality Essay Corporate Personality Essay CHAPTER 3 EXAM RELEVANCE This is a fundamental topic of company law. It is asked on virtually every exam paper in some form. It is most commonly asked as an essay question on either the principle of separate corporate personality or the circumstances in which the veil of incorporation will be lifted. It also forms a significant part of an answer to an essay question on the consequences of incorporation (see chapter 2). As is evident from the exam grid, it has been on every paper since April 2003 with the exception of two. INTRODUCTION [3-1] Upon incorporation, a company becomes a separate legal entity, distinct from its members. Thus it acquires rights, obligations and duties which are different and distinct from those of its members. Assets, debts, and obligations all belong to the company and not the members. This is the corporate personality used by the company to conduct its business. THE SALOMON VEIL [3-2] The seminal case which established the concept of the registered company having a corporate personality is Salomon v Salomon company (1897) 1.Facts [3-3] Mr Salomon ran a successful leather business as a sole trader. He then set up a company with 20,007 shares, of which he held 20,001 shares and his wife and five children one each. He sold the business to the company for ? 38,782. The company was to pay him 20,000 fully paid-up 1 shares and 8,782 in cash. [3-4] The balance ? 10,0000 remained payable to Mr Salomon. He secured the payment of this debt when the company issued 100 debentures (loans) at ? 100. Each loan was secured by the creation of a floating charge in favour of Mr Salomon in the sum of ? 10,000 covering all the assets of the company. [3-5] Company law was at all times observed. There were seven members of the company, but Mr Salomon held all of the shares except six (held by his wife and five children). Thus he was the majority shareholder and the main creditor (owed ? 10,000 under the debentures) when the company was wound up. The Issue [3-6] The question for the court to decide was whether his secured de bt of ? 10,000 should take precedence over unsecured creditors who were owed approx. ?11,000 having regard to the fact that company law gives precedence to the payment of secured debts when a company is wound up. The unsecured creditors would receive nothing if Mr Salomon won. 1 [1897] A. C. 22.  © Griffith College Professional Law School 2011-2012 41 The Argument [3-7] The liquidator argued that the sole purpose of transferring the business to the company was to use it as an agent for himself and accordingly he should, as principle, indemnify the company against the debts of unsecured creditors. Court of First Instance [3-8] At first instance, the liquidator’s view was accepted and it was held that the creditors should be paid by Mr Salomon. The decisions were rooted in notions that the company was his nominee or agent. Court of Appeal [3-9] The Court of Appeal held that the creditors should be paid by Mr Salomon. This was because he had abused the privileges of incorporation and limited liability provided by the Companies Acts. These should only be enjoyed by â€Å"independent bona fide shareholders† who had a mind and will of their own and were not â€Å"mere puppets† of the individual who carried on his business in the same way as before, when he was a sole trader. House of Lords [3-10] In the House of Lords, however, this view was unanimously rejected and the cornerstone of modern company law was put in place. It was held that the company was a separate legal entity and separate from its members. All that company law required was that there be seven subscribers to the memorandum, each holding at least one share and nothing was mentioned about independence. As the company was validly incorporated the debts are debts of the company and not of the members. As Halsbury L. J. tated: â€Å"the business belonged to [the company] and not Mr Salomon. † McNaughten L. J. stated: â€Å"The company is at law a different person altogether from the subscribers to the memorandum and, though it may be that after incorporation the business is precisely the same as it was before, and the same persons are managers, and the same hands receive the profits, the company is not at law the agent of the subscribers or a trustee for them. Nor are the subscribers as members liable, in any shape or form except to the extent and manner provided in the Act. [3-11] As Lindley L. J. had held in Farrar v Farrar’s Limited (1888)2: â€Å"A sale by a person to a corporation of which he is a member is not, either in form or in substance, a sale by a person to himself. † The Result [3-12] A legal person could be created through the observance of the Companies Acts regardless of the fact that there is only one person involved. Priority was therefore g iven to Mr Salomon’s debentures. The Fall-Out [3-13] The Salomon principle is known as the veil of incorporation. The law will not go behind the separate personality of the company to get at members, except in certain exceptional situations which will be dealt with later. 2 (1888) 40 Ch D 395. 42  © Griffith College Professional Law School 2011-2012 ? KEY POINT The principle of separate corporate personality means that a company exists as a separate legal entity. Separate to its members and separate to its directors. THE VEIL AT WORK [3-14] In the Macaura v Northern Assurance Company (1925)3 case, this principle was followed. The plaintiff sold all the timber on his estate to a company in exchange for the whole of the company share capital. The timber was insured in the plaintiff’s own name. It was then destroyed by fire and the insurance company refused to pay on the basis that the plaintiff had no insurable interest in the timber as it was owned entirely by the company. The court applied the Salomon principle and found in favour of the defendant as the timber belonged to the company, and it had failed to insure its (the company’s) interest in the timber. [3-15] This case clarifies that the company owns the property and holds it in its own right. A shareholder does not therefore have any proprietary rights in the company’s assets. Although a shareholder has no insurable interest in the company property, he can cover him/herself against loss by the company by insuring his shares (rather than the company’s assets) against a drop in their value. It is the shares and not the company’s assets in which he has any legal or equitable interest. 3-16] Where compensation is payable in respect of a loss suffered by the company, the shareholders have no right to payment as the loss is the loss of the company. In O’Neill v Ryan (1993),4 the plaintiff alleged that breaches in competition law by the four defendants had caused a diminution in the value of his shares in the second-named defendants, Ryanair Limited. The Supreme Court held that actions by four of the defendant companies did not entitle a shareholder to sue on the basis that the actions of the companies had reduced the value of his shares because this action did not cause personal loss to plaintiff as shareholder. It was held that: ‘such a loss is merely a reflection of the loss suffered by the company. The shareholder does not suffer any personal loss’. [3-17] Blayney J. based his holding on a decision of the English Court of Appeal in Prudential Assurance company Ltd. v Newman Industries Ltd. (No. 2) (1982)5 wherein it was stated that: â€Å"the plaintiff’s shares are merely a right of participation in the company on the terms of the articles of association. The shares themselves, his [P] right of participation, are not directly affected by the wrongdoing. The plaintiff still holds all the shares as his own absolutely unencumbered property. † [3-18] This line of reasoning was recently affirmed in Stein v Blake (1998). 6 Here the plaintiff and defendant were 50/50 shareholders in a group of companies. The plaintiff claimed that the defendant, in breach of his fiduciary duties, had caused assets of the company to be sold at an undervalue. The plaintiff claimed that this action had deprived him of the ability to sell his shares at their fair value and this had caused him personal loss. When faced with the argument that the proper plaintiff was the company itself, the plaintiff sought to rely on the decision of Heron International Ltd v Lord Grade (1983)7 where, as a result of a breach of a fiduciary duty to the shareholders, the directors had induced the shareholders to sell their shares at an undervalue to a prospective takeover bidder, and for which the shareholders could take personal actions. Millet L. J. distinguished the Heron case from the situation before him. He observed that in that case no wrong had been done to the company as the company’s assets were not affected by the fact that the shares were sold at an undervalue. However, the circumstances in this case (1925) A. C 619. (1993) I. L. R. M. 557. 5 (1982) Ch 204. 6 [1998] 1 All E. R. 724. 7 [1983] BCLC 244. 3 4  © Griffith College Professional Law School 2011-2012   43 were entirely different, in that here the plaintiff was claiming that he had suffered a loss by reason of a misappropriation of the company’s assets. The plaintiff’s loss was merely a reflection of the company’s loss and would be fully compensated by restitution to the company of the misappropriated assets. Therefore the proper plaintiff in these proceedings was the company itself. KEY POINT A drop in the value of the shares of a company is a loss suffered by the company. Any consequential loss to any individual shareholder is simply a reflection of the company’s loss. [3-19] The doctrine can also work in favour of the shareholder as in Lee v Lee’s Air Farming Company Ltd (1961)8 the plaintiff owned all but one share in the defendant company. Thus, the defendant was a de facto single-person company as in the Salomon sense. He was also employed by the company and was the â€Å"driving force† of the company. The case related to his widow attempting to receive employee benefits after Mr Lee was killed. It was held that entrepreneurs can participate in employee benefits by incorporating their business and then becoming employees. The Salomon principle was applied and it was held that the company was a separate legal entity and he was an employee of that legal entity. She was entitled to recover. [3-20] The principal has however been used by the company to avoid obligations as in Roundabout Limited v Beirne (1959)9 which concerned a limited company owning and running a pub. All the staff then joined a trade union at the same time. The controllers of the company were unwilling to employ unionised staff, and the company closed the pub and dismissed all of the staff. The union legally picketed the pub. The controllers of t he company then set up another company, being the plaintiff company herein, and leased the public house from the first company to it. Its barmen were non-union and were directors and therefore had no employees. The new company could not be classed as an employer and therefore could not be subject to a trade dispute under the laws of the time. The new company then sought an injunction restraining the strikers. Dixon J. granted the injunction and stated that: â€Å"the new company is in law a distinct entity, as is the old company. Each company is what is known as a legal person. I have to regard the two companies as distinct in the same way as I would regard two distinct individuals. I must, therefore, proceed on the basis that a new and different person is now in occupation of the premises and carrying on business there. [3-21] In Battle v Irish Art Promotions Centre Limited (1968), it was held that the managing director (MD) of a company was separate and distinct from the company itself. The case related to the company being sued, but being unable to afford legal representation. The MD wished to represent the company himself as a judgment against the company would reflect badly on him as MD. The court refused to allow him to represent the company because the judgment would be against the company and not against him, and in law the company and the managing directors are distinct legal entities. The correct procedure would be for the company to employ legal representation. [3-22] In State (McInerney) v Dublin company Co. (1985)11 it was held that a company and its wholly owned subsidiary were separate, and thus there was no locus standi for the parent company to appeal a planning permission decision when the land had been conveyed to the subsidiary. Carroll J. stated that: (1961) A. C. 12. (1959) I. R. 243. 10 [1968] IR 252. 11 (1985) High Court, Carroll J. 8 9 44  © Griffith College Professional Law School 2011-2012 ? the corporate veil is not a device to be raised or lowered at the option of the parent company or group. The arm which lifts the corporate veil must always be that of justice. † [3-22A] In Re Heaphy (2004) the Plaintiff was principal shareholder in Springmound Holdings Ltd which owned two hotels. The Plaintiff went abroad and left his brother in charge of running the hotels. When he returned the hotels had been sold by his brother without his knowledge and consent. He claimed damages personally for fraud. The High Court concluded that the plaintiff could not bring this claim personally as the loss here was the company’s loss. His loss was merely indirect and reflected the company’s loss. The High Court also approved O’Neill v Ryan in this context. LIFTING THE VEIL [3-23] In Salomon, Lord Halsbury stated that the principle was to be applied provided that there was â€Å"no fraud and no agency† and only â€Å"if the company was real one and not a fiction or a myth†. [3-24] In the interests of preventing the abuse of the principle of separate legal entity, certain exceptions have been recognised where the veil will be pierced and the controllers of the company will be made personally responsible for the actions of the company, and the economic realities recognised. [3-25] Gower states: â€Å"the law either goes behind the corporate personality to individual members or ignores the separate personality of each company in favour of the economic entity constituted by a group of concerns†. 12 [3-26] Lifting the veil can be in one of the following contexts: Lifting the veil between the controllers (whether the management or a controlling shareholder) and the company, i. e. responsibility is shared; or Lifting the veil between a group of c ompanies, e. g. etween subsidiaries or between a parent company and its subsidiary, i. e. the identity of one is consumed by the larger entity; or Ignoring the company altogether where the company is a â€Å"sham† or â€Å"device†. There are three categories of law where the corporate veil will be lifted. By Agreement [3-27] Corporate personality will be circumvented by agreement where, for example, an individual agrees to be bound to the company’s obligations. Common forms are personal guarantees, indemnities and certain agency agreements. Equally a company can agree to be liable for the obligations of a member as long as the following formalities are respected: The action is not ultra vires; The action is not beyond the scope of directors authority; The action is not a fraudulent preference; The action is not a breach of s. 31 of the 1990 CA. Case Law [3-28] Concerning case law, the courts can decide to set separate legal personality aside without such an express agreement. The primary criterion for such decisions is control of the company’s day-to-day operations, rather than mere control of its general policies. However, strict principles are difficult to extract, and cases often refer to inchoate concepts such as justice and equity. 12 13 Gower, Principles of Modern Company Law (5th ed. , London, 1992). See Courtney, p. 107  © Griffith College Professional Law School 2011-2012 45 [3-29] The courts will look behind the veil in certain circumstances as discussed below: Human characteristics; Fraud; Avoidance of legal duty; Agency; Single economic entity; Trust companies; Court injunctions and orders. Human Characteristics 3-30] The background of a company will be examined to find out more about the legal personality. Human characteristics required by law such as residence, culpability and mens rea, and character for licensing purposes may be vested in companies for certain purposes. [3-31] The residency of a company for tax purposes will often be called into question where the company is registered in one country but makes profits in another. The actual residence of companies which are inco rporated in Ireland is now irrelevant for the purposes of the Tax Acts and the Capital Gains Tax Acts. This is due to the Finance Act 1999, s. 82(2) which provides that â€Å"subject to certain limited exceptions, †¦a company which is incorporated in the State shall be regarded as resident in the State†. [3-32] However, the actual residence of a company continues to be important for situations where a company is not incorporated in Ireland or for companies which fall under the exceptions of s. 82(2). The test for residency was laid down in De Beers Consolidated Mines v Howe (1906). 14 The case concerned whether a South African company was resident in England for tax purposes. Lord Lorebun looked to where the company â€Å"keeps house and does business and the real business is carried on where the central management and control actually abides†. This is the â€Å"head and brains† test. In this case, the head office was in South Africa, and this is where the general meetings were held. Most of the directors lived in England, however, and most of the board meetings were held in England. It was at these meetings that the important business of the company such as negotiation of contracts, policy decisions, application of profits, etc. as discussed and decided. Thus, as the company was controlled from England, it resided there. [3-33] In the Irish case of John Hood Co. Ltd v Magee (1918),15 a company was held to be controlled by its shareholders in the general meeting, and not by its managing director who resided in another jurisdiction. The shareholders’ power to remove the managing director indicated where the control lay. The factual si tuation is crucial. And in the licensing case The King (Cottingham) v The Justices of Co. Cork (1906)16 the conduct of the authorised agents was found to be that of the company in finding â€Å"good character†. Fraud17 [3-34] Fraud or fraudulent intentions is another situation in which the corporate veil will be lifted by the courts. To do otherwise would result in the use of the corporate personality as a cloak for fraud. Fraud is used in the general sense to connote impropriety or misconduct. In Re Shrinkpak Limited (1909)19 Barron J. found that the company had been found using money fraudulently converted from the use of another company which had gone into voluntary liquidation. Both companies had been under the control of the same person, and Barron J. granted an order, sought by the liquidator of the first company, to wind up Shrinkpak. [1906]A. C. 455. [1918] 2 I. R. 34. 16 [1906] 2 I. R. 415. 17 See Jennifer Payne, â€Å"Lifting the Corporate Veil: A Reassessment of the Fraud Exception†, Cambridge Law Journal 56(2) July 1997, pp. 284–290. 18 High Court, December 20, 1989. 14 15 46  © Griffith College Professional Law School 2011-2012 ? [3-35] In Creasy v Breachwood Motors Limited (1993)20 a general manager was dismissed, and sued for wrongful dismissal. The company ceased trading, paid off all its creditors apart from the general manager, and transferred its assets to a new company, the defendant. It was held that the separate legal personality of the second company could be disregarded and the plaintiff could enforce the judgment for wrongful dismissal that he had against the first company. [3-36] The courts will lift the veil here to im pose personal liability as in Re Bugle Press Ltd. 1961)21 Here the holders of 90 per cent of the shares in a company wished to buy out the holder of the remaining 10 per cent, but the minority shareholder refused to sell. The majority shareholders then set up a company to make a takeover bid for Bugle and under legislation, as this was a takeover bid, the company could then compulsorily acquire the minority shareholding. There had of course been no real takeover of the company and the new company had been formed solely with a view to expropriating the minority. The court held that the new company was a â€Å"sham† and â€Å"bare faced attempt to evade a fundamental rule of company law†. [3-37] The courts do not allow this line of reasoning to extend as far as mismanagement. In Dublin County Council v Elgin Homes Limited (1984)22 a company which had been granted planning permission went into liquidation before it could comply with the terms of that permission. The plaintiff sought to compel the company and its directors to complete the works. Barrington J. efused to lift the veil and compel the directors qua individuals to complete the works, at their own expense, and drew a distinction between fraud and mismanagement. [3-38] In Dublin Co. Co. v O’Riordan (1986),23 Murphy J. refused to extend the fraud rule to the affairs of the company being carried on with â€Å"scant disregard for the requirements of the Companies Acts† because there was no evidence of â€Å"fraud or the misappropriation of monies. † [3- 39] This was relied upon by Hamilton P in Dun Laoghaire Corporation v Park Hill Developments (1989). 4 The company did not have general meetings or formal board meetings, did not pay dividends or directors’ fees to a second director and shareholder. One individual, Mr Parkinson Hill had financial knowledge of the company and managed it with total disregard for the Companies Acts. Hamilton P held that while that was the case: â€Å"I have found no evidence of any fraud or misrepresentation, no siphoning off or misapplication of funds, nor any negligence in the carrying out of the affairs of the company. [3-40] In Re H et al (1996), it was held that where the defendant had used a corporate structure as a device or facade to conceal its criminal activities, the court could lift the corporate veil and treat the company property as â€Å"realisable property† within the meaning of UK criminal law. Section 24 of the Criminal Law Act 1994 provides for similar measures in Irish law. Avoidance of Legal Duty [3-41] The courts will not allow a controller to avoid an existing lega l obligation. In Cummings v Stewart (1911) related to a limited patent licensing agreement. The agreement allowed Stewart to exploit Cummings’s patent for consideration but didn’t allow him to sublet, transfer or assign it without Cummings’s consent. A proviso allowed Stewart to transfer the licence to a limited company he formed for the purpose of a business connected with the licence. Stewart could not make a profit, and in an attempt to evade the royalties payable by him under the contract, he transferred the licence to a company formed by him, but not for the purpose of exploiting the licence. [1993] BCLC 480. (1961) Ch 270. 22 [1984] I. L. R. M. 297. 3 [1986] I. L. R. M. 104. 24 [1989] I. R. 447. 20 21  © Griffith College Professional Law School 2011-2012   47 [3-42] Meredith M. R. stated that â€Å"it would be strange indeed if [the Companies Acts] could be turned into an engine for the destruction of legal obligation and the overthrow of legitimate and enforceable obligations. † [3-43] In Gilford Motor Company v Horne (1933)25 the defe ndant’s contract of employment with the plaintiff provided that he would not compete with the plaintiff should his contract be terminated. Upon termination the defendant set up a company with his son, in direct competition with the plaintiff and although he was neither a director nor shareholder of the new company, everyone referred to him as â€Å"the boss†. The court set aside the separate legal personality of the company. [3-44] In Jones v Lipman (1962)26 the defendant who had contracted to sell his house to the plaintiff tried to avoid a claim for specific performance to sell the house. He conveyed the house to a company which he owned and controlled in an effort to evade the plaintiff’s enforceable contract for sale. Russell J. rejected a defence based on the company being a separate entity, describing the company as: â€Å"the creature of the defendant, a device and a sham, a mask which he holds before his face in attempt to avoid recognition by the eye of equity†. [3-45] However, it is important to remember that the formation of a company which has no genuinely separate existence, which may in truth be no more than a nameplate on an office building, is not in itself unlawful. It is only where the company has been formed for some fraudulent, illegal or improper purpose that the court may do so. For example, in Roundabout Limited v Beirne (1959)27 it was argued that the court should look behind the formal legal structures to the reality, namely, the continuing control of the business and effective ownership by the same people. This request was refused and Dixon J. stated that although the scheme could be described as a subterfuge designed to circumvent the statutory protection of peaceful picketing, it was legally unassailable. [3-46] Furthermore this rule will not extend to the avoidance of prospective or future obligations, as held by the House of Lords in Adams v Cape Industries (1990). 8 Here the defendant UK company presided over a group of companies involved in mining asbestos. They had separate companies set up for the marketing of the asbestos in the US. The US subsidiaries were then subject to lawsuits for damage asbestos factory workers had suffered to their health from working with the defendant’s asbestos product. The plaintiffs then sought to enforce judg ment against the parent UK company, saying that the actions of the US companies should be treated as those of the defendants. The Court of Appeal held that the American Company had been set up so that the appearance of the defendant’s involvement in asbestos in the US would be minimised and also to reduce the possibility of Cape being made liable for US taxes or tort claims. But the court declined to treat this as a sufficient ground for lifting the corporate veil. Slade L. J. said arrangement of the corporate structure so as to ensure that legal liability (if any) in respect of particular future activities of the group will fall on another member of the group rather than the defendant company was a right inherent in our corporate law. The Agency or Alter Ego Principle [3-47] A Company is not per se the agent of its members but such a relationship may be created between the two. This is an area where the courts have been prepared, in apparent conflict with Salomon, to infer the existence of a relationship of agency between companies in the same group. [3-48] Subsidiaries are frequently found to be the agent of the parent company. This is best illustrated by the case of Smith, Stone and Knight v Birmingham Corporation (1939)29 A [1933] Ch. 939. [1962] 1 All E. R. 442. 27 (1959) I. R. 243. 28 [1990] Ch. 443. 9 [1939] 4 All E. R. 116. 25 26 48  © Griffith College Professional Law School 2011-2012   subsidiary of the plaintiff company was treated like a department and the plaintiff was entitled to all of the profits of the subsidiary without the declaration of a dividend. The defendant compulsorily purchased the land on which the subsidiary was based, and plaintiff successfully sought compensation. The defendant attempted to rely on the principle in Salomon and claimed the subsidiary was a distinct legal entity. However Atkinson J. tated that Salomon does not apply to a situation where there is a specific arrangement between the shareholders and the company whereby the company is an agent of its shareholders for the purpose of carrying on the business of the company. This will make the business of the company the business of the shareholders. The judge listed six factors, all based on the control over day-to-day operations, to be taken into account: 1. 2. 3. 4. 5. 6. Are the profits of the subsidiary treated as the profits of the parent? Were the persons conducting the business of the subsidiary appointed by the parent? Was the parent the â€Å"head and brains† of the trading venture? Did the parent govern the adventure? Were the subsidiary company’s profits made by the skill and direction of the parent? Was the parent in effective and constant control of the subsidiary? 30 All six questions must be answered in the affirmative. [3-49] As Keane points out31 these criteria may not be capable of general application and the case should probably be limited to its facts. If an agency were to be inferred in every such case, a significant number of subsidiaries would be treated as the agents of their holding companies. If this were so it would potentially expose those holding companies to direct liability for the debts and liabilities of their subsidiaries which would open a huge breach in the principle of limited liability. [3-50] The courts have also been far more willing to draw the inference of agency where the controlling shareholder is another company, rather than an individual. Some explanation was given for this in the case of Munton Bros Ltd v Secretary of State (1983). 32 Here Gibson J. found in favour of the parent company, holding that the subsidiary was in fact its agent. He observed that while the courts are extremely reluctant to hold that a company is its shareholder’s agent, the same objections do not apply where it is sought to demonstrate that a subsidiary company is in fact the agent of its parent company because the conception of incorporation remains intact. [3-51] There has also been a tendency to draw this inference with greater readiness in cases where there is the possibility of tax evasion. In Firestone Tyre v Llewellin (1957) an American company formed a subsidiary in England for the purpose of manufacturing and supplying tyres. The English company received the payments, deducted the cost of manufacture and a commission of 5 per cent, and then transferred the balance to the American parent company. Although the English company was independent in its day-to-day operations and only one of the directors was also a director of the American parent, it was held to be carrying on the business as the agent of the American company and thus the American parent was liable to pay tax in respect of profits of the English subsidiary. [3-52] In the recent case of Fyffes v DCC (2005)33 the agency principle was discussed. 4 In this case DCC plc was a parent company of Lotus Green. James Flavin was chief executive director of DCC. Lotus Green beneficially owned shares in Fyffes and sold these in February 2000. Lotus Green earned â‚ ¬106m from the sale. It was alleged that when these were sold James Flavin was in possession of insider or price sensitive information. Under the relevant legislation (Part V CA 1990) a company could not sell shares if one of its directors was in possession of price sensitive information in respect of those shares. Here James Flavin was a director of DCC, but not an official director of Lotus Green. One of the issues which arose was 30 31 32 33 This of course returns us to the basic criterion of control of the day-to-day operations. Keane, Company Law, (3rd ed. ), p. 130. [1983] N. I. 369. [2009] 2 IR 417 34 See Fyffes v DCC Analysis Implications, Stephen Dowling 2006 13 (2) CLP 27 for a good summary of the High Court decision.  © Griffith College Professional Law School 2011-2012 49 whether Lotus Green owned and sold the shares as agent of DCC. If it did then in law it would be as if DCC had sold the shares itself. If DCC owned and sold the shares itself it would be liable because Mr Flavin was a director of DCC. Laffoy J reviewed the law whereby a company might be deemed the agent of another and distilled the following principles. [3-53] Firstly, as a matter of law Lotus Green may be regarded as having acted as the agent of DCC in relation to the holding and disposal of the shares in Fyffes, if to do otherwise would lead to an injustice. However she adopted the proviso that a subsidiary would, however, only be deemed an agent of its parent where such an inference was factually justified. She rejected the argument that only evidence of an express agency agreement between the parties will suffice. Rather agency will be determined by reference to all the facts, including the nature of the parent’s interest in the shares of the subsidiary and the relationship between both. She said the views of the human agents in the company was not in any way determinative of the situation. [3-54] On the facts of this case she did not find that Lotus was an agent of DCC as regards the holding and disposal of the shares and in the acquiring of the profit from their sale. Whilst Lotus held the shares it held them independently from DCC. It did not hold them as agent for DCC. Summary of Fyffes v DCC Fyffes Plc Jim Flavin CEO of DCC Group Director of Fyffes DCC Lotus Green A company within DCC Group Incorporated in Holland DCC transferred shares in Fyffes to Lotus Green for the purposes of benefiting from the lower rate of Capital Gains Tax in Holland. Key Facts: Jim Flavin attends a meeting of the board of Directors in Fyffes at which certain confidential information is given to the board of Fyffes regarding the financial forecasts for the company in the next few months. Shortly after this meeting takes place Lotus Green sell the shares in Fyffes at a profit of ? 82 million. Fyffes bring an action against DCC on the basis of the insider dealing provisions of the 1990 Companies Act seeking to have them account for the profit. There are two limbs to the case: (1) Fyffes had to establish a connection between Jim Flavin and Lotus Green, and/or between DCC and Lotus Green. (2) Fyffes had to establish that the information given at the meeting consisted of price sensitive information within the meaning of the Act. A Single Economic Entity [3-55] In recent times the courts have put forward a further justification for disregarding the separate legal personality of related companies. Where the â€Å"justice of the case requires† the court will regard the entity as a mere constituent of a larger legal entity or a â€Å"single economic entity†. This kind of disregard may be distinguished from the implied agency cases, for where  © Griffith College Professional Law School 2011-2012 50   number of companies are regarded as a single legal entity only one legal person is recognised, whereas agency recognises the existence of two persons. This is the final circumstance where the corporate veil may be lifted. [3-56] In DHN Food Distributors Limited v Tower Hamlet LBC (1976)35 DHN had two wholly owned subsidiaries, one which owned the property of the group and one which ran the business of the group, occupying the property as a licensee. Here the defendant local authority made a compulso ry acquisition of property of the land-owning subsidiary. The parent company then sought compensation for disturbance. However, the land tribunal only offered negligible compensation, since DHN had been deprived merely of a revocable licence and the subsidiary had no business to lose. Denning L. J. endorsed Gower’s contention that courts had a general tendency to ignore the separate legal entities within a group and instead look at the economic identity of the whole group. Denning stated that this particularly applied when the holding company held all the shares in the subsidiary (a wholly-owned subsidiary), and can control it. He went on to hold that the parent should not be deprived of compensation due to a technical point when it was justly payable and so the companies in question would be treated as one company. [3-57] This rationale was adopted by Costello J. in Power Supermarkets Limited v Crumlin Investments Limited et al (1981). 36 The defendant was the landlord of a large shopping centre, and the plaintiff leased a unit for a supermarket chain within the centre. The plaintiff’s leasing contract included a clause disallowing the defendant from leasing or selling any other unit over 3,000ft2 for the sale of food or groceries. The centre was a financial failure and the defendant sold all of its shares to another company, Cornelscourt Shopping Centre Limited, which was one of the Dunnes Stores group. Many of the Dunnes Stores group companies were separate in name only, all being managed by the same group of people. It was vital from the Dunne family’s point of view that a Dunnes Stores retail outlet be established in the centre. It was the family policy that a new company should operate each separate retail unit and so a new company, Dunnes Stores (Crumlin) Limited, was incorporated for the purpose of establishing a retail outlet there. Upon incorporation of this new company, Cornelscourt Shopping Centre Limited caused Crumlin Investments limited to convey the freehold of a large unit in the shopping centre to Dunnes Stores (Crumlin) Limited for a nominal consideration and without any of the usual covenants. When Dunnes began to trade in the shopping centre the plaintiff succeeded in getting an injunction preventing them from trading. [3-58] Costello J. held that Dunnes Stores (Crumlin) Limited were bound by the restrictive covenants in the original contract even though they were not party to it. The company was described as a â€Å"mere technical device and a company with a ? issued capital which had no real independent life of its own†. 37 Having looked at the authorities he said that a court may, if the justice of the case so requires, treat two or more related companies as a single entity so that the business notionally carried on by one will be treated as the business of the group. He said that to treat Crumlin Investments and Dunnes Stores (Crumlin) limited as a single economic entity accorded fully with the commercial realities of the situation and avoided â€Å"considerable injustice†. [3-59] This was subsequently approved by the Supreme Court. But the disregarding of separate legal personality on the basis of the â€Å"justice of the situation† is a somewhat elusive concept. There may be many cases where it may be more desirable that the corporate veil be lifted in order to protect the rights of certain parties, but our system directly allows for the principle of incorporation and separate legal personality so that unless one can show a fraudulent or improper purpose behind the incorporation of the company there is no reason 35 [1976] 3 All E. R. 462. The High Court decision in Fyffes is relevant to several areas on the course. Students should note that Fyffes successfully appealed the High Court decision to the Supreme Court. However, the appeal was on one discreet issue: whether James Flavin (DCC’s Chief Executive) was in possession of price sensitive information. Therefore, the remarks made by the High Court (Laffoy J) in the other areas were not considered on appeal and are still valid. 36 High Court, June 22, 1981. 37 This was approved by the Supreme Court in Re Bray Travel and Bray Travel (Holdings) Limited, Supreme Court, July 13, 1981.  © Griffith College Professional Law School 2011-2012

Admissions Essay Essay Example for Free

Admissions Essay Essay Essay Topic: University , Admissions Choose cite format: APA MLA Harvard Chicago ASA IEEE AMA Haven't found the essay you want? Get your custom sample essay for only $13.90/page ? The realization that education is a critical component of my professional and personal success has been a gradual realization for me. However, I believe that with my current conviction about the importance of education, I will be able to achieve great success in Central Washington University’s MBA program. As a teenager I did not always understand the importance of education in regard to my professional and personal development. During my high school years and early college years, I cared more about sports and hanging out with my friends, than getting good grades. As a result, my grades suffered and I did not benefit as much from my classes as I could have when I was younger. Throughout these years, my Dad encouraged me and tried to motivate me to put more effort into my studies. It was through his positive encouragement and an accounting class that I took with Ms. Smith that finally changed my entire outlook on education. Not only did Ms. Smith pull me aside and tell me that I was not working up to my potential, but she made me see that what we were studying really mattered to my life. I realized that if I was going to be successful in life I would have to apply myself and master the material I was learning in my classes. Since I came to this realization, I have been working harder in all of my classes to become more knowledgeable and educated person. Currently I am working to ensure my academic success by working hard in my classes and preparing to get a masters degree in business administration. I now put my classes as top priority in my life and also use my free time to better myself as well. As a younger kid I gave very little thought to what I did in my free time, and thus spent the majority of my free time playing video games and hanging out with friends. However, as I have come to my realization that education and knowledge are critical to my personal and professional success, I now prefer to read books and other publications about all sorts of topics to develop my understanding of the world I live in. Furthermore, I have taken a variety of math and business classes as an undergraduate student to better prepare myself for my career goals. To ensures my success in these classes, I have consistently taken advantage of professors’ office hours and tutoring sessions whenever I need extra help in a certain area. My primary goal is to get a Masters Degree in business administration in order to gain the knowledge and experience I need to start my own business. I am extremely eager to learn as much as possible about succeeding in the business world, and I believe that Central Washington University will feed my thirst for knowledge with quality classes and knowledgeable professors. I hope that this program will help me accomplish my goals by teaching me the leadership skills, strategic planning skills, as well as the general knowledge I would need to be successful businessman. I also believe that both the students and faculty at CWU will be people I can relate to and learn from. I have also heard that this specific program at CWU strives to give its students as much hands-on experience as possible to better prepare them for the real-world. This educational philosophy is aligned with my needs as a student, and it will help me to turn my ambitions into a reality. I believe that the combination of hands-on-experience, motivated peers, newfound skills will help me to achieve my lofty goals once I finish this program. Admissions Essay. (2016, Aug 15).

Using Graphic Organizers to Teach Reading Comprehension Essay

Using Graphic Organizers to Teach Reading Comprehension - Essay Example In addition, there is an assumption that in reading that all text have structures (Jiang & Grabe, 2007, p.34). And at the same time, â€Å"students in most class rooms are at different mental levels† (McMackin & Witherell(a), 2003, p. 11). In this regard, Hughes, Maccini, & Gagnon, (2003) argue that students at the upper-elementary, secondary and intermediate grades receive less individual attention than in primary grades. As a result, these new expectations and demands give more challenges in the process of learning and comprehension. And the required skills to comprehend become more challenging particularly for students with Learning disabilities (LD). And this becomes more challenging when a class does not represent a one particular type of students rather it is occupied with the students having different understanding abilities, comprehension power and retention. A class of students represents diversity and this diversity provides more challenging time for teachers who are expected to identify each student’s learning level and the teacher is expected to provide the targeted instruction (McMackin & Witherell(b), 2005). Additionally, with the passage of time as students progress, reading and comprehension increasingly incorporates expository text; from which the students are required to learn and comprehend. However, learning through expository is not easy a task for many students rather they are challenged with the reading assignments such as fiction (Kim et al., 2004). For instance, the material of expository text is of more informative nature and most of the time it is included by unfamiliar technical vocabulary terms and expressions. And these terms and expressions considerably differ from those expressions and terms that students had read in their primary classes. In addition, such text material is not organized properly rather poorly. This puts more pressure on students to use some additional complex cognitive tasks with an aim of comprehe nding the expository material (Lapp, Flood, Ranck-Buhr, 1995). With this added pressure from expository material, students face pressures and retention capabilities are directly hit or they become more exhausted; putting more psychological pressure to ensure learning the context of expository material. Additionally, some authors on the topic, suggest that there is a strong reason to believe that the students would under perform or may not be able to comprehend the context and material inside the expository text, for that purpose, they put forward their assertion that much of the expository material is filled with the huge amount of information. And this piece of information is not limited nor in its context, nor in its implications. Aggregately, there can be no boundary to determine the extent of expository material given a particular subject or topic. As a result, the students do not perform as they are expected to. Constantly, they under-perform and their aggregate graph of learni ng does not seem to be moving upward rather downward. In this regard, more innovations have been made in order to assist those students who are less equipped to face or manage the challenges of the expository material. Different learning strategies have been developed to assist students with LD (Dexter & Hughes, 2011). They need explicit content enhancements to assist in verbal (e.g. text or lecture) comprehension and graphic organizers (GOs) have often been recommended as an instructional devise to assist these students in understanding increasingly abstract

CONFLICT IN SOMALIA Essay Example | Topics and Well Written Essays - 1500 words

CONFLICT IN SOMALIA - Essay Example ant disagreement based on political and religious agendas, Somali has been unable to shake itself out of the crisis, which was exacerbated by the declaration of Somalia as a failed State in 1991 by its failing and shaking Transitional government headed by moderate Islamist Sheikh Sharif Sheikh Ahmad (Chopra, 1998). Somali conflict has also been affected by the actions of regional and international powers that have worsen it instead of resolving the issue on most occasions. But how long will this conflict continue? Who are the core conflict parties? Bariagaber (2006, pp. 66) pointed out that Somalia had been divided along ethnic lines, which had segmented the country into several clans or tribal divisions. Couldn’t the issue of embracing different ideologies by different clans be enough to keep Somali people apart and make peaceful co-existence impossible? Each of the clans has its form of Islamic religion being practiced by its people: from the moderate Islam to the fanatical and more dangerous ones; even some of the Muslim groups in Somalia have been put on United States’ terrorist list because of their connection with Osama Bin Laden’s Al Qeada Organization. Considering the enormity of the conflict in Somalia, it is apt to investigate what are the internal-subgroups and what constituencies do they depend on. Apart from internal segregation due to tribal affiliations, it has been discovered that some internal-subgroups do exist; which are directly linked with religious ideologies. The main radical sub-group is called Al-Shabab, an extremist group that was carved out by the remaining supporters of Union of Islamic Courts. The constituencies that Al-Shabab controls include the South and Central Somalia, which it rules with iron-hand imposing Sharia on the Somali people in these places. There is another notorious sub-group named Hisbul-Islam that was created shortly after the moderate Islamist government was formed: an action some former members of Union of

Globalization and Accountability Essay Example for Free

Globalization and Accountability Essay A better quality of life has been the objective of societies and nations. This has been pursued since the ancient times to the present. About one hundred years before the Trojan wars, Minos, mythical son of Zeus, organized a communal society in the island of Crete. For centuries, universal justice and virtue reigned in the island. Conditions were similar to the fabulous Shangrila of the Lost Horizon. It was like a paradise for the people. They contributed their individual ideas, talents, skills, and labor to the community for its development, and for he good of all its members. The needs of the people were justly supplied, and they were happy and contented. Plato, the Greek philosopher, designed an ideal state in his book, The Republic. He proposed common ownership of properties as a general rule. The concept of equality of Plato was further improved by Christian doctrines. However, more active and courageous social reformers emerged into the limelight during the age of Enlightenment and Industrial Revolution. Rousseau, Fourier, Bentham, Owen and Marx were the more prominent among them. They stressed the social aspects of the national order, such as cooperation, perfectibility of human nature, and other human virtues. The clamor for equality was not only political but also economic and social. The abuses of the capitalists and landlords, and the great disparities in income and wealth were the primary targets of reformers. The aforementioned economic and social problems still pervade in many developing countries. Throughout the history of the development of nations, only very few have become rich, such as those in North America and Western Europe. Most of the poor countries are found in Africa, Asia and Latin America. In terms of goods and services, the gap between the poor and the rich countries has become wider and wider. In view of the presence of modern transportation and communication, leaders of the poor countries have seen the tremendous prosperity of the rich countries. As a result, people from poor countries have developed the tendency to emulate the rich countries- their economies, technologies, ways of life, and even the architecture of their houses and buildings. However, some intellectuals have realized the disadvantage of such colonial mentality. They have crusaded for economic nationalism to free their countries from the exploitations of the rich counties- and from the weaknesses of their own people. Industrialization has been their dream of solving their persistent problems like poverty, insecurity, and excess population. Even Nehru of India claimed that real progress must ultimately depend on industrialization. Every nation, rich or poor, has economic problems. However, these are more serious and widespread in poor countries. Economic problems do exist because of two fundamental facts: resources are limited and human wants are unlimited. Human wants cannot possibly be all satisfied because resources are scarce. For example, every family wants a house and a farm. This is not possible in many countries, especially in less developed countries. In fact, most countries cannot even meet the most basic needs of their people like food, clothing, and shelter. In the case of the United States of America, the people are capable of satisfying their essential needs. If some groups cannot, it is the government that provides them with basic goods and services. Welfare programs and other social security benefits are made available to the less fortunate, and to the aged. But still, rich countries have economic problems. People, human as they are, are not ultimately satisfied with the consumption of basic goods only. Naturally, they aspire for a higher standard of living. And it is the responsibility of the economic system to help the people acquire it. The economic system of any nation has different factors that are being considered in order to establish and open greater economic opportunities (Soros, 2002). Globalization The remarkable progress in communication and transportation has exposed the high standard of living of a globalized nation. Through foreign travels, periodicals, and movies the peoples of the less developed countries have seen the many wonderful and modern things which have been created by an industrial society like the United States of America, France or Japan. In contrast, many leaders of the third world countries have realized the big difference in their still primitive products of development. Thus, their impressions of a globalized and industrialized economy have further improved. Henceforth, there has been a strong clamor among many of the third world countries for globalization. For years, this has been their aspiration. Through globalization, they believe they can eliminate the problems of poverty, insecurity, and overpopulation. No less than the great Indian statesman Nehru said that real progress must ultimately depend on globalization (Thompson Strickland, 2003). However, globalization or globalizing a less developed country is certainly not an easy task. There are great obstacles along the long path of globalization. It is not only massive capital, modern technology, competent management, and skilled labor that are required. Well developed commercial sectors are also needed. And of course, the most important requirement for globalization is the restructuring of values and institutions in society. In spite of the formidable barriers to globalized development, it is not completely impossible for a less developed country to globalized economy. There were several poor nations which became industrial economies. They were able to conquer an almost impossible dream through a vigorous and sincere implementation of economic, social, and political reforms. Former countries like England, Germany and the United States of America met fewer difficulties in globalizing their economies because of most favorable economic and political conditions. There are several processes being followed in terms of modern growth brought about by the system and principle of globalization. It must be noted that globalization among the developed countries did not happen overnight. Prior to their globalization, they experience various changes and improvement. The following are the most notable: 1. Economic, social, and political institutions were restructured to pave the way towards globalization and industrialization. 2. There was a rapid technological improvement. 3. Factors of production like capital, labor, and entrepreneurial scheme were made to be more responsive to globalization and industrialization. 4. Substantial improvement in transportation, communication, and electrification were undertaken. 5. Social facilities and services were increased. 6. Agricultural and commercial industries became variable. The aforementioned developments were greatly responsible in the globalization of the highly developed countries. Clearly, their economic growths did not go through a quick and easy process. They laid down the foundation of their industrial development. Such experiences of the industrial countries should provide a lesson to less developed countries that are aiming for rapid globalization and industrialization. However, there are some countries that have achieved very rapid industrial growth. But the other sectors of their economy have not developed as fast as their industries. For instance, there have been no appropriate changes in some industries such as the agricultural industries, public administration, social structure and values among other things and industries. But then again, it can be seen that there is more rooms for globalization even if it means that other industries are left behind. Moreover, there has been a great need for private sectors to be improved and flourished in order for globalization to push through. As far as the economics is concerned, the big challenge is poverty, and the surest route to sustained poverty reduction is economic growth. Growth requires good economic policies. The evidence strongly supports the conclusion that growth requires a policy framework that prominently includes an orientation towards integration into the global economy. This places obligations on three groups: those who are most responsible for the operation of the international economy, primarily the governments of the developed countries; those who determine the intellectual climate, which includes this audience but also government and non-government organizations and individuals; and the government of the developing countries who bear the major responsibility for economic policy in their countries. Economic globalization, the ongoing process of greater economic interdependence among countries, is reflected in the increasing amount of cross-border trade in goods and services, the increasing volume of international financial flows, and increasing flows of labor. As is well known to our profession, economic globalization thrived in the period before 1914, but was set back by the two World Wars and the Great Depression. 6 The international financial order that was established at the end of World War II sought to restore the volume of world trade, and by 1973, world trade as a percentage of world GDP was back to its 1913 level – and it has continued to grow almost every year since. While the founders of the Bretton Woods system saw the restoration of trade in goods and services as essential to the recovery of the global economy, they did not have the same benign view of capital flows. Nonetheless, capital flows among the industrialized countries did recover during the 1950s, and intensified in the 1960s. Rapidly they became too powerful for the pegged exchange rate system to survive, and by 1973, as a result of the impossible trinity – of a pegged exchange rate, capital mobility, and a monetary policy directed at domestic objectives – the Bretton Woods adjustable peg system had to give way to flexible exchange rates among the major countries. Capital flows to developing countries grew more slowly. In the late 1970s and early 1980s they consisted mainly of bank loans; by the 1990s they took the form mainly of foreign direct investment and purchases of marketable securities. And as the volume of international capital flows to and from the emerging market countries – the more developed and larger developing countries – increased, the impossible trinity once again asserted itself, and in a series of crises, country after country was forced to give up its pegged exchange rate and allow the currency to float. By now, the gross volume of international capital flows relative to global GDP far exceeds the levels reached in the period just before 1913, though net flows of foreign direct investment have not yet attained the extraordinary levels of the decade before World War I. It is generally believed that with respect to migration and labor flows the modern system is less globalized than it was a century ago. In 1911, nearly 15 percent of the United States population was foreign born; today that number is probably a bit above 10 percent. Emigration rates from Europe, especially Ireland and Italy, were amazing: 14 percent of the Irish population emigrated in the 1880s, and over 10 percent of the Italian population emigrated in the first decade of the twentieth century. Jeffrey Williamson (2002) attributes a significant part of the convergence of income levels in the Atlantic economy in the late nineteenth and early twentieth centuries to mass migration. Whether or not migration and labor flows are greater now than they were a century ago, we are becoming more globalized in this regard too, for migration rates have been rising – and in a potentially important way, for more migration than in the past is from less to more developed countries. All this is at an abstract level. In terms of people’s daily lives, globalization means that the residents of one country are more likely now than they were fifty years ago: to consume the products of another country; to invest in another country; to earn income from other countries; to talk on the telephone to people in other countries; to visit other countries; to know that they are being affected by economic development in other countries; and to know about developments in other countries. Globalization is much more than an economic phenomenon. The technological and political changes that drive the process of economic globalization have massive noneconomic consequences. In the words of Anthony Giddens, a leading sociologist: â€Å"I would have no hesitation in saying that globalization, as we are experiencing it, is in many respects not only new, but also revolutionary. Globalization is political, technological and cultural, as well as economic. The non-economic aspects are at least as important in shaping the international debate as are the economic aspects. Many of those who object to globalization resent the political and military dominance of the United States, and they resent also the influence of foreign – predominantly American – culture, as they see it at the expense of national and local cultures. The technological elements matter in practice as well as in the debate. For instance, the events of September 11, 2001 could not have taken place before the current global era. The communications and transport systems that have accelerated the pace of globalization are also at the disposal of terrorists, money- launderers, and international criminals. On the positive side, improvements in communications and the spread of information were critical to the collapse of the Iron Curtain. People learned what was happening in other countries, and understood that they did not have to live the way they were living, and the Iron Curtain fell. A broad range of critics is arrayed on the other side. Among them are academics, opinion leaders, individuals and groups who see their interests being affected by globalization, politicians, NGOs, and demonstrators – and these categories are not mutually exclusive. To listen to the debate in the terms each side paints the other, who believes that all is for the best in the best of all possible worlds, and those who believe that the world is going to hell in a hand basket. That is doubly misleading. In the first place, many of those who regard themselves as pro-globalization know that there is far too much misery in the world, that there are many wrongs to be righted in the global economy, and that it could be made to operate much better. And on the other side, many – but not all – of the critics are not against globalization. Rather, from NGOs demonstrating for further debt relief and campaigning for greater access of developing country exports to industrialized country markets, to academic critics questioning current policy views, many are seeking a better and fairer globalization.

Reducing Sex Segregation at Work and Home :: Womens Studies

Reducing Sex Segregation at Work and Home Paula England in her article "Work for Pay and Work at Home: Women's Double Disadvantage" treats women's lives in our society. She presents us a double disadvantage in women's lives: disadvantage at work and disadvantage at home. A sex segregation exists. Almost all jobs are filled by one of the sexes. Because of socialization and employer's discrimination there is a gap in earnings between men and women. Also at home women do the bulk of child rearing and other work. Compared to 40 years ago the men have increased their contributions at home. Also sex segregation and the pay gap are reduced, but they still exist. However, because roles are changing the truth is in most families people are now negotiating about the work at home. According to David Molpus, studies show that especially among two-job couples there is an agreement about equal sharing at home when the man and the woman both work full time. Mothers and fathers find different ways to contribute to childcare and other household work. They like equal parenting and don't want to leave their children in the hands of strangers. Equal sharing at home gives the fathers opportunity to stay more with their children and to know more about their lives. To do so, working-class couples try alternating their work shifts, and middle-class couples try working at home for one or two days. They both share enjoyment and the sacrifices of their family. I like and support the changes that are taking place now in our society. Equal sharing in both child rearing and domestic work is the best thing couples can do in their family. Children at home are such a joy and happiness. They need both the mother and the father to take care of them. I think the parents should have the same feelings. It is so important for fathers to spend more time with their children, to know what they like and dislike. This way they will enjoy their kids and their love. It is a sacrifice for some parents to work different shifts, but sacrifices also keep the family close. When you go home tired from work, their hugging and kissing is such a joy and rest for you. Smiles in their faces are love and life. Fathers that share child rearing have more love in their family. Also equal sharing in other domestic work like cooking and cleaning, fixing things and paying bills or shopping is important for family.

Living with Roommate

Topic: Within roommate and without roommate in university life Thesis Statement: – Living with roommate have more benefits compared to living alone. – Advantages and disadvantages of roommate can be compared and contrasted by using privacy, responsibility and influences. Topic Sentence 1: Living without roommate will protect own privacy, while living with roommate will cause loss of some privacy. (Nicolet, n. d. ) 3 Supporting Details: * Within Roommate i) – You will be lack of private space and share the bathroom, share the living room, the house or room with your roommate. Weinblatt, 2010). ii) – Roommate may make you feel uncomfortable when their partners or friends come over at night time or whenever you are busy or stay in room. iii) –Some roommate may cause your secret to be revealed to their friends or other people. * Without Roommate i) – You can have your own quite and private space and you no need to share any space or resource with others. ii) – You also can bring your friends or partner to come or even stay in your room at any time. iii) – Living alone can keep your secret safety without known by others as no anyone stay in your room. – In term of privacy, it is much better to live without roommate. Topic Sentence 2: Roommate can share responsibility with you. If not, you have to undertake all the responsibility by yourself. (Clark, 2011) 3 Supporting Details: * Within Roommate i) – Roommate can help you to split the cost of living such as rent, utilities, groceries, and other expenses. (Bread, 2011) ii) –You can share household work with your roommate such as washing dishes, cleaning room, therefore you can save more time and effort to do other things. ii) – Some roommate may tend to be unreliable or be a slob. For example, they may move out before the lease ends, neglecting to pay his or her share of bills after leaving or they may shirk all the responsibility of h ousework to you. * Without Roommate i) – The cost included in your living is undertaken by your own, because no roommate helps to share the cost. ii) – Besides, all the work done by you alone and take much more time and effort to finish it without roommate. iii) – On the other hand, you do not have to risk any unnecessary problems that related or caused by your roommate. –For short, although roommate can help to share responsibility with you, rather than you have to take all the responsibility by your own, some roommate may also shirk all the responsibility to you. Topic Sentence 3: Within roommate and without roommate have both good and bad influences, but roommate give more good influences to you. (Anonymous, 2012) 3 Supporting Details: * Within Roommate i) – You will never feeling loneliness or you can share your worries and joys with roommate or talk to them or face problem together. (Martin, n. d. ii) – You will keep rely on the decisio n of others and over dependence on roommate no matter in cleaning work, education, etc iii) – You can find your roommate immediately whenever there is an emergency or you have problems and provide you with some feeling of security. (Oster, 2011) * Without Roommate i) –You may feel loneliness and homesickness as none of your friend or family around you, especially when you are new student that come from far place to get education. ii) – You have to undertake all the responsibility by your own and make your own decision in all aspects without any opinion or complaint from others. ii) – At any time, you also have to prepare to face all unexpected emergency alone and feel unsecure because no people give you any help or support. * – In my point of view, advantages of roommate are greater than its disadvantages as depending on choosing the right roommate. Conclusion: – In conclusion, living with roommate would have more benefits than living alone. – Sometimes, it is depending on what kind of roommate that you choose to live with them. – Therefore, you must think twice and understand clearly about the background or attitude of roommate before decide to live with them as roommate.

Radiotherapy – One World Essay

What are the Benefits and Drawbacks of Radiotherapy? Cancer is one of our planets most concerning illnesses at this time. It is the uncontrollable growth and forming of malignant tumours. In 2007, it was said to cause about 13% of all human deaths worldwide (Kleinsmith, Lewis J. M. D). Some cancers may be cured and this depends on certain variables such as the type of cancer, where the cancer is, and how early it has been detected. One method of treatment for cancer is Radiation therapy (Radiotherapy). This is the medical use of ionizing radiation to control or kill these malignant cells.However, there is doubt among society about the use of radiotherapy. This is mainly because some long-term side effects include the growth of scar tissue, infertility and damage to other areas of the body, depending on the location of the radiation treatment. Another major reason for doubting this treatment is because in some cases, people may also develop a secondary cancer as a result of exposure t o radiation. Therefore this is a global issue and in the following essay, the social and economic factors involved in this topic will be discussed. Radiation therapy is commonly applied to the cancerous tumor because of its ability to control cell growth. Ionizing radiation works by damaging the DNA of exposed tissue leading to cellular death. To spare normal tissues (such as skin or organs which radiation must pass through to treat the tumor), shaped radiation beams are aimed from several angles of exposure to intersect at the tumor, providing a much larger absorbed dose there than in the surrounding, healthy tissue. † (Cancer Research U. K. ). There are two main types of radiotherapy, internal and external.The one being discussed in this topic will be external radiotherapy because it is most related to the electromagnetic spectrum, while the other is based more on placing radioactive material inside patients. External radiotherapy uses radiation aimed at a cancer from a mach ine to destroy the cancer cells. The types of radiation used include high energy X-ray beams, cobalt irradiation or particle beams, such as protons or electrons. The most common types of external radiotherapy, use photon beams (either as x-rays or gamma rays).A machine called a linear accelerator focuses high-energy X-rays or other high-energy beams (gamma rays) at the cancer. It is concentrated so that the radiation destroys the cancer cells and not the healthy cells around them. Although, healthy cells may be damaged, the cancer cells will take most of the damage and the healthy cells should be strong enough to repair themselves afterwards. â€Å"The linear accelerator uses microwave technology (similar to that used for radar) to accelerate electrons in a part of the accelerator called the â€Å"wave guide,† then allows these electrons to collide with a heavy metal target.As a result of the collisions, high-energy x-rays are produced from the target. These high energy x-ra ys are shaped as they exit the machine to conform to the shape of the patient's tumor and the customized beam is directed to the patient's tumor. The beam may be shaped either by blocks that are placed in the head of the machine or by a multi-leaf collimator that is incorporated into the head of the machine. The patient lies on a moveable treatment couch and lasers are used to make sure the patient is in the proper position.The treatment couch can move in many directions including up, down, right, left, in and out. The beam comes out of a part of the accelerator called a gantry, which can be rotated around the patient. Radiation can be delivered to the tumor from any angle by rotating the gantry and moving the treatment couch. † (Radiological Society of North America, Inc. ) There are numerous advantages to having radiotherapy in comparison to other treatments to cancer. Using linear accelerators is more efficient than using ring-type accelerators. This is because; linear acce lerators can generate and maintain stronger light rays.This is crucial so that the cancer can be completely destroyed and so that the blasts are concentrated enough to not overly damage the healthy cells surrounding the cancerous ones. The other main advantage of using radiotherapy over other cancer treatments is because it is a focused treatment. Other treatments such as chemotherapy affect the entire body. Therefore, radiotherapy has fewer adverse effects on the rest of the body compared to other treatments. Radiotherapy also has several disadvantages and limitations. Firstly, this treatment can only be used if the cancer has been diagnosed at an early stage.Once the cancer has spread over several areas, this treatment cannot be used. Also, the linear accelerators require large power supplies, increasing the construction and maintenance expense of the machines. Radiation therapy delivers cancer-killing doses of radiation at the tumor site, the National Cancer Institute explains, b ut doesn't travel throughout the body to destroy cancer cells that have spread as chemotherapy treatment can do. Therefore, radiotherapy cannot be used after the cancer has spread to a certain degree. As mentioned, some people may also develop a secondary cancer as a result of exposure to radiation.There are numerous social factors that question the use of radiotherapy to treat cancer. A major social concern is developing secondary cancer as a result to the treatment. Though possible, this is a very rare situation. Developing a secondary cancer is more likely when being treated with chemotherapy or sometimes internal radiotherapy. Unfortunately, many are unaware of these facts and therefore they refuse to take these treatments. However, this therapy (along with chemotherapy) has been a revolutionary breakthrough in medicine.Radiotherapy, as mentioned before, would act as an alternative to chemotherapy for patients who have been diagnosed with a cancer in its early stages. Referring to one of the main advantages, this is a very beneficial treatment as it limits exposure to radioactivity, and out of the different treatments, it has the least probability of causing a secondary cancer. Also, because of its accuracy, we have been able to completely irradiate cancerous cells while barley harming the surrounding ones. There are also several economic factors that account to us using radiotherapy.Firstly, there are major costs for the maintenance of machines such as the linear accelerator, which is crucial for radiotherapy. Because of these expenses, not all hospitals have these equipment and also not many patients can afford to get this treatment. This too is a major limitation of using radiotherapy. However, these machines also benefit the economy as it provides better healthcare (In those hospitals and for patients who can afford it), it also creates more jobs. This is because there must be technicians to fix these machines whenever they are broken, and as said befo re, they are very high maintenance.For that reason, there must be regular check-ups on how the systems are running. Especially when considering these machines if run improperly, and at an overdose, can cause cancer. Therefore, this opens more job opportunities. Referring back to the availability of resources such as radiotherapy much depend on location. Unfortunately, people in Ghana do not have the same access to treatments such as radiotherapy to those in the Netherlands. This is mainly to do with the two countries different economical stand points. Most resident of MEDC’s have the chance of receiving such treatments, while many others do not.Also, seeing as how cancer is a growing problem which caused 13% deaths worldwide in 2007, it is clear that radiotherapy is a viable treatment which should be considered over the globe, so that other people have accessibility to these treatments. This will not only save more lives in the future, but also increase economy due to the rea sons stated previously. Throughout this essay, radiotherapy has been discussed. Radiotherapy is a treatment for cancer, by which powerful x-rays are blasted into cancerous tumors, to destroy them, eliminating the cancer.Though presented with possible side-effects, as well as being expensive, radiotherapy is a viable choice for a treatment to an early caught cancer. This is an example of how science (using x-rays) and technology (creating equipment such as linear accelerators) can work together to create a possible solution for globe issues such as cancer. Two factors affecting the use of radiotherapy has also been discussed, and in conclusion, one can say that radiotherapy is not without limitation; however it can be considered one of the best treatments for early caught cancer.Bibliography * â€Å"About External Radiotherapy. † : Cancer Research UK : CancerHelp UK. Cancer Research UK, n. d. Web. 12 Nov. 2012. ;http://www. cancerresearchuk. org/cancer-help/about-cancer/treatm ent/radiotherapy/external/about-external-radiotherapy;. * â€Å"Advantages & Disadvantages of Radiation Therapy. † LIVESTRONG. COM. LIVESTRONG, n. d. Web. 12 Nov. 2012. ;http://www. livestrong. com/article/513783-advantages-disadvantages-of-

Historic Timeline From 1850 to 1860

Historic Timeline From 1850 to 1860 The 1850s was a pivotal decade in the 19th century. In the United States, tensions over slavery became prominent and dramatic events hastened the nations movement towards civil war. In Europe, new technology was celebrated and the great powers fought the Crimean War. 1850 January 29: The Compromise of 1850  was introduced in the U.S. Congress. The legislation would eventually pass and be highly controversial, but it essentially delayed the Civil War by a decade. February 1: Edward Eddie Lincoln, a four-year-old son of Abraham and Mary Todd Lincoln, died in Springfield, Illinois.   July 9: President Zachary Taylor died in the White House. His vice president, Millard Fillmore, ascended to the presidency. July 19: Margaret Fuller, an early feminist writer and editor, died tragically at the age of 40 in a shipwreck on the coast of Long Island. September 11: The first New York City concert by Swedish opera singer Jenny Lind created a sensation. Her tour, promoted by P.T. Barnum, would cross America for the following year. December 7: The first clipper ship built by Donald McKay, the Stag Hound, was launched. 1851 May 1: An enormous exhibition of technology opened in London with a ceremony attended by Queen Victoria and the events sponsor, her husband Prince Albert. Prize-winning innovations shown at the Great Exhibition included photographs by  Mathew Brady and the reaper of  Cyrus McCormick. September 11: In what became known as the Christiana Riot, a Maryland slaveholder was killed when he attempted to capture a runaway slave in rural Pennsylvania. September 18: Journalist Henry J. Raymond published the first issue of the New York Times. November 14: Herman Melville’s novel Moby Dick  was published. Henry Clay. Getty Images 1852 March 20: Harriet Beecher Stowe published Uncle Tom’s Cabin. June 29: Death of Henry Clay. The great legislators body was taken from Washington, D.C. to his home in Kentucky and elaborate funeral observances were held in cities along the way. July 4: Frederick Douglass  delivered notable speech, â€Å"The Meaning of July 4th for the Negro.† October 24: Death of Daniel Webster. November 2: Franklin Pierce elected President of the United States. 1853 March 4: Franklin Pierce sworn in as President of the United States. July 8: Commodore Matthew Perry sailed into Japanese harbor near present day Tokyo with four American warships, demanding to deliver a letter to the emperor of Japan. December 30: Gadsden Purchase signed.   The sinking of the S.S. Arctic. Library of Congress   1854 March 28: Britain and France declare war on Russia, entering The Crimean War. The conflict between was costly and had a very confusing purpose. March 31: Treaty of Kanagawa signed. The treaty opened Japan up for trade, after considerable pressure from the United States. May 30: The Kansas-Nebraska Act signed into law. The legislation, designed to lessen the tension over slavery, actually has the opposite effect. September 27: The steamship S.S. Arctic collided with another ship off the coast of Canada and sank with a great loss of life. The disaster was considered scandalous as women and children were left to die in the icy waters of the Atlantic. October 21: Florence Nightingale left Britain for the Crimean War. Her service aiding battlefield casualties would make her a legend and set a new standard for nursing. November 6: Birth of composer and bandleader John Philip Sousa. 1855 January 28: The Panama Railroad opened, and the first locomotive to travel from the Atlantic to the Pacific traveled on it. March 8: British photographer Roger Fenton, with his wagon of photographic gear, arrived at the Crimean War. He would make the first serious effort to photograph a war. July 4: Walt Whitman published his first edition of Leaves of Grass in Brooklyn, New York. November 17: David Livingstone became the first European to reach Victoria Falls in Africa. November 21: Violence over slavery erupted in the U.S. territory of Kansas at the start of the pre-war troubles that would become known as â€Å"Bleeding Kansas.† Congressman Preston Brooks attacked Senator Charles Sumner on the floor of the U.S. Senate. Getty Images 1856 February 18: The Know-Nothing Party held a convention and nominates former president Millard Fillmore as its presidential candidate. May 22: Senator Charles Sumner of Massachusetts was  attacked and beaten with a cane in the U.S. Senate chamber by Representative Preston Brooks of South Carolina. The nearly fatal beating was prompted by a speech the anti-slavery Sumner gave in which he insulted a pro-slavery Senator. His attacker, Brooks, was declared a hero in the slave states, and southerners took up collections and sent him new canes to replace the one he had splintered while beating Sumner. May 24: Abolitionist fanatic John Brown and his followers perpetrated the Pottawatomie Massacre in Kansas. October: A series of incidents begin the Second Opium War between Britain and China. November 4: James Buchanan elected president of the United States. 1857 March 4: James Buchanan  was inaugurated as President of the United States. He became very ill at his own inauguration, raising questions in the press about whether he had been poisoned in a failed assassination attempt. March 6: The Dred Scott Decision was announced by the U.S. Supreme Court. The decision, which asserted that African Americans could not be American citizens, inflamed the debate over slavery. 1858 August–October 1858: Perennial rivals Stephen Douglas and Abraham Lincoln held a series of seven debates in Illinois while running for a U.S. Senate seat. Douglas won the election, but the debates elevated Lincoln, and his anti-slavery views, to national prominence. Newspaper stenographers wrote down the content of the debates, and portions that were published in newspapers introduced Lincoln to an audience outside of Illinois. 1859 August 27: The first oil well was drilled in Pennsylvania to a depth of 69 feet. The following morning it was discovered to be successful. The modest well would lead to a revolution as petroleum taken from the ground would propel the rise of industry. September 15: Death of Isambard Kingdom Brunel, the brilliant British engineer. At the time of his death his enormous steel ship The Great Eastern was still unfinished. October 16: Abolitionist radical John Brown launched a raid against the U.S. arsenal at Harpers Ferry. Brown hoped to stir up a slave uprising, but his raid ended in disaster and he was taken prisoner by federal troops. December 2: Following a trial, abolitionist John Brown was hanged for treason. His death energized many sympathizers in the North, and made him a martyr. In the North, people mourned and church bells tolled in tribute. In the South, people rejoiced.

Auditing Assignment Example | Topics and Well Written Essays - 1000 words

Auditing - Assignment Example The procedures involved in the investigation include, going through the reports by preceding editors, obtaining information from the management whether any of the officers has been convicted with crime. Carrying out the fact-finding mission of the preceding auditors on management’s integrity, disagreements or any other additional information on why the firm should decline the audit. Finally, there is discussion the potential client with the attorneys and bankers of the entity. The client continuance and acceptance forms facilitate the continuing and prospective client’s investigations. The forms undergo updating and renewal yearly to keep evaluating engagement and association with the client. The investigation of both the new and renewal clients is important for it enables the firm to establish the quality of the client they serve as well as if and they meet the standards. At the same time, the forms are essential in the bid to avoid omissions in the whole process of investigation. On accepting the client or renewing the engagement, the client personnel’s quality should be estimated as high incompetence and integrity. The attributes shape the foundation for evaluating risks at the level of financial statement and gathering facts on audit engagements. Jos A. Bank being a cloth line company, and there are various risks of development of scandals in the business. These are aggravated by the nature of the business. The major factors are those that can lead into fraud and they include the nature of the items in the company, ease with which one can resale the products of the company outside is major risk factor for fraud. The value of the clothes is not so high per piece that makes it easier for the incident of fraud because of the ease with which the products can be gotten out of the premise due to their size. The nature of the environment in the business also is among the risk factors of fraud. There are

A psychological and sociological perspective to demonstrate an Essay

A psychological and sociological perspective to demonstrate an understanding of these perspectives and evaluate in what way there application enhances your unde - Essay Example e lives; nevertheless, it is a fact that society has to accept single parenting, because in future, with present stress on individuality, more and more children are likely to be brought up by single parents. Parents who find themselves abandoned by partners are supported by social care and children, who will learn to react to the circumstances and environments, will find difficulties in dealing with social and psychological problems. According to the case study, Michael and Kate were having problems during her third pregnancy because of Michael’s attitude towards his family. He has taken to drinking and was physically assaulting Kate, to the extent that she had to live with Social Care. Michael, in spite of recent behaviour, continues to be fond of their children, visits them often, buys presents, but does not want to shoulder day-today responsibilities bringing them up. Kate, being pregnant and financially dependent on Michael, was finding the situation difficult. Michael moved out of the family home and Kate moved into Grimesbar from Social Care, as it was easy to find accommodation in Grimesbar. She now lives in a four storey tenement with common entrance that is not particularly secure, and the building is scheduled for demolition. That being the case, many of the flats are empty, and Kate lives in an insecure and isolated building. Kate, being a non-practising Roman Catholic, considers other Church going single mothers as ‘holy.’ She does not particularly keep in touch with social workers and in the meantime, becomes friendly with local community activist Frances Kane, who helps Kate in looking after children. She has two teenage children of her own, a daughter training for a career and the boy in armed forces. Her husband Bill, a Lorry driver, stays away from home a lot due to his work schedule. Frances likes to look after Jade and Scott, and Kate leaves them more and more in her care, because Kate has started working and finds it almost impossible