Thursday, February 28, 2019
Campbellââ¬â¢s Life Essay
Born on April 13, 1933, Senator Ben Nighthorse Campbell is mavin of the few politicians of none who rose in the political circles carrying proudly his Indian ancestry. He is proud of his infixed American heritage. His sense of pride and loyalty to his roots and to his culture was seen through his scrapions as well as through his clothing it was as if he was guard on his culture, identity and heritage. For example, he was seen wearing ceremonial tribal clothing as he attended the o compileing of the National Museum of American Indian (NMAI) .It was considered as a study aspect that has created, established and sustained the overall prototype that is Senator Campbell all throughout his animateness, especially during his political life . Campbells nature of hinging so much of who he is as he presents himself to the public on his being a Native American Indian was just copious for deal to forget that there were real men who preceded Campbell who, just standardised him, wer e partly Native American Indian and also won select public percentage.One of them served in an office even higher than Campbells and that would be Charles Curtis, who would eventually become the first vice president of the joined States who is a Native American Indian. The highest elected office ever held by an Indian in the US was the vice presidency . Un corresponding Campbell, Curtis was from the Kaw kin hailing from Kansas. In his vein was quarter of blood from this tribe. Also, he was an attorney originally getting elected, unlike the more blue-collar type of jobs that Campbell pursued wee in his life before shifting to jewellery designing and toil later on.Nonetheless, both elected men are goodly and reliable men who do the Native American Indian community proud. save even with men like Curtis and how they were bigger men politically, the Indians appreciate Campbells efforts at staying with his packaging as the American Indian holding office at the senate and at th e congress. This personality/attitude more than compensates for the fact that he was not the first of his kind. Although not the first Native American senator, he is the first to make a statement with his Indianness. Indeed, he, too, was a record churchman of sorts, and in many ways. This is what the paper will explore throughout the sermon on the different aspects of personal and political life of Senator Campbell, who, in November 3, 1992 made a historic feat by becoming the first American politician with Native American roots to be elected as a senator. It was something that hasnt happened in more than the six decades that has passed in the senate business relationship prior to his election to the office.Prior to that, he became the sixth politician with Native American heritage and ancestry to be ever elected to the congress, a seat that was given to him through the votes of the public for three clippings . Senator Campbells Indian heritage is no secret. In fact, it seems tha t it is one of his many major personal characteristics that the media, as well as his colleagues, often refer to or address, particularly his being Indian, and his respectful stature in the Indian community, like being a Northern Cheyenne Tribe chief, a come out he and and 43 others possess .Because of Campbells pride towards his heritage, his people in return are doing ways to let Campbell know that his act of holding on to his Native American Indian roots and not covering it up with modern day personality just to pillowcase his high echelon colleagues and. So that he will suit their taste for a particular company, his native Cheyenne are going out on a limb just to celebrate the victory of one of their most accomplished sons. For example, many Cheyenne individuals joined the battle array.Some of them spent as much as they can spare just to lavish Campbell and the parade with the decorations fitting to the act of congratulations coming from the Cheyenne tribe. Some actually spe nt more than they could spare just so they can lay claim Campbell as their own and they can show how proud they are of Campbell. sixsome of the riders were Northern Cheyenne, who had bankrupted themselves to show the world that Campbell was one of their own . Despite his Indian American / Native American Indian roots, Campbell was a Catholic from the time his start, also a devoted catholic, had him baptized when he was still a baby by bringing him and his sister Alberta to a church to be baptized just close to the time Campbell was born, until the time when he seemed to have had a falling out with the Catholic faith. But Campbell, during his adult life and especially during his tenure as public office politician, drifted from religion, and proof of this is the souvenir unspecified marked on the space allotted for the identification of phantasmal affiliation of the individual.This distinction, again, made Senator Campbell someone who is different from the rest of the field in th e 106th Congress. He was the only one whose religious affiliation was unspecified, although there were no clear explanation(s) why such was the case it could be anyones guess, from clerical error, mistake, or other reasons . His sudden dissociation with the Catholic faith was a surprising turn of events for Campbell. There are many good things that the Catholic faith has done for Campbell, especially during his youth.For example, there is the role of the faith during the quantify they were sent to the orphans asylum by their parents because they cannot take care of him and his sister because of their mothers sickness and their fathers alcoholism and inability to financially support them. While the Catholic faith and the orphanage system had their carry on of bad reputation, history points how the Catholic experience was a relatively good one for Campbell. In retrospect, Campbell recalled how the nuns and priests, who took care of him when his parents were unable to take care of h im, treat him well.In his recollection of his days with these priests and nuns, as he narrated it for his biography published in book form, he mentioned just several instances wherein he was punish like being sent inside a pig pen to be with a huge pig. The reason for his pains against Catholicism peradventure rooted in the things that he never verbalized, in the things which he only referred to as painful memories of his childhood, some of which he experienced in the orphanage . If he saw flaws in the orphanage, then it is not surprising if he also saw flaws in Catholicism because the two are one and the same during his youth.
Oleana’s Phone Calls
Leanness rally Calls David Mates play Lean is a two char work oner index finger make do between a young college bookman and her Professor. By the southward act of the play the struggling student, carol, has filed a formal complaint of sexual badgering, base non on what very happened, exactly on the written interpretation of said conduct in the universities nomenclature. By act common chord, unbe get it onnst to the professor, chant has filed attempted rape charges against the professor. Again the charges do non reflect what actually occurred hardly find sound footing in the written enounce of law.As the tosh unfolds we e the originator shift from the safe, smart, and accomplished professor to the worried, unk directlying, and frightening student through the use and interpretation of lecture. At pivotal moments in the play the professors echo sound. Calls from his married woman, his real estate agent, and his secretary move the story a keen-sighted. Mates head ear phone interruptions reveal elements of character, power dynamics, and conflict to the audience, The phone mobilises besides farm the audience to draw there own conclusions ab appcapitulum the play. brook is an Ameri basis playwright, screen writer and film director from boodle.He has written several novels, a book of poetry, and worked in television as well. He studied at Goddard College in Vermont and at the Neighborhood Playhouse School of Theater in New York. He has taught at New York University, Goddard College, and the Yale Drama School, and he on a regular basis lectures at the Atlantic Theater Company, of which he is a founding member. He got hi start in show business at Chicago Second City, a comedy club that produced many cast members for Saturday nighttime Live. picture has won many awards including a Toni and a Pulitzer Prize.His most notability work is the play Gallantry Glen Ross, a gritty kook at cutthroat real estate salesmen. He has a distinct t residuumency of constitution, especially known for his sparse and blunt dialogue referred to as run Speak. Characters often interrupt separately other and thoughts or comments go unfinished. forgather sound outs in a 1994 interview with Charlie Rose that drama is three things who wants what from whom? What happens when they dont get it? Why now? (Rose, Charlie Rose. November 1 1, 1994) Lean is no exception. hurt begins Lean with a revealing look at tail by expression of phone confabulation he is having with his wife.They are in escrow on a new house and he is sorting out terminations. sing has done poorly on her paper and wants nothing more than it seems, than to remediate her grade in the kinsfolk. She sits across from him at his desk. It is unclear if earth-closet has invited chant in to sit at the desk or if she entered and sat down uninvited, but what this phone constitute tells the audience is that the boundary between pots personal disembodied spirit and professional l ife is not well defined. Using the phone allows tack to establish flush toilet as individual who is in a define of power. He is delegating to his wife Hats why I say call Jerry (Meet, 1, 1) and he is needed Im acquittance to meet you there.. m release in ten or fifteen (1, 1), and he is confident We arent going to lose the deposit (1, 1), he assures his wife. Meet conveys to the audience that john is a busy and successful man. He is in the drivers seat, accomplishing his goals and taking care of hand, her grade, but instead asks, What is a term of 2) a phrase he uses on the phone. Rather than begin a discussion virtually her performance in the class hum asks a question about the professors personal phone call.This allows Meet to show that chirp does not know and is seeking answers to more than Just this course. The first phone call in the play allows Meet to show the audience that trick is opportunistic and self serving. The professor is peeved with and has little pa tience for chirrup. He struggles not to interrupt her, uses unfitger wrangling than he needs to, and says things like, l know how potentially humiliating these Things tin be (1 , 39), which can only serve to move them further apart from each other. By the time the phone rings he has subtly challenged her newsworthiness and she has subtly challenged his ability to teach. fast one can take a calculated gamble at this Juncture, to maintain power by disturbing Carol. Look, look, Im not your father. (l, 97) he says. The little than benevolent professor knows this will either enrage her or make her feel small and child like. It is a cheap hired gun but should she challenge or confront him for saying it, he barely has to pick up the phone to maintain his position. She does make that challenge, asking, Why did you say that (1, 102) and instead of answering her he picks up the phone. The conversation is short, but long enough for him to move away from answering to the comment.The ph one here allows Meet to reveal an element of cowardice in Johns character, and submissiveness in Carol because the investigation simply moves on when he hangs up. Meet leaves the audience to sort things out on their own. The next phone call reveals that Johns desire to connect with his students is second to his desire to handle his own affairs. The conversation returns to the subject of Carol not see to iting the class, but instead of attempting to teach Carol something he discounts his writing ability, perhaps its Just not well written (1, 117) referring to the book he authored and the course itself Look.Its Just a course, its Just a book, its Just a (1 , 127). John goes on to tell Carol some anecdotes ND at long last says, l am talking to you the way I wish that someone had talked to me. I dont know how else to do it than to be personal, .. But (1,229) Carol is overturned by the statement and asks, Why would you want to be personal with me? (1,230) In spite of much gibberish on Johns part, here lies an opportunity for them to understand each other crack. Carol is on the brink of understanding his methodologies, the why he teaches like he does. The phone rings as John begins to explain, but answers the phone before he can finish.To effectively ease this student he needs to connect to her in some way. He has made an attempt, but the phone call lets us know that it genuinely isnt that important to him. Likewise Carol has made an attempt, but after John ends his call Carol does not seek further explanation for a personal connection with her. Instead she pries into his private life by inquire about the call. It appears to not mean that much to Carol either. Meet also shows that John is grasping for the power that is fading away by decision making not to answer the phone. John goes on to share some of his disconfirming views of higher education.He claims the exams students take in college are ,263), and clears his contempt of the raise perpetration of which he now awaits his nice home, and his family (1 ,273) until finally, loosing him, Carol interrupts, l want to know about my grade. (Long Pause) (1, 278) Johns ego is dented by the interruption. Here the phone rings again. This time Meet uses the phone to alert the audience that something significant is happening. The audiences ear is now trained to pay close attention to when the phone rings. It has provided insights into the characters and armed service change the subject.John is finding it difficult to actually teach Carol anything and she has had enough. Carol says, l should go. (1,286) And John says, Ill make you a deal and Let it 289). Meet shows that John is still capable of wielding power in her world. He is ascertain the course of the conversation. John has no bag of tricks, no skill to salvage familiarity to this student, so he crumbles. He states, well start the whole class over. Your final grade is an A. (The phone stops ringing). (1,289) The audience can hear t he residual sounds of the last ring fade away as academic standards, responsibility and respect fly out the window.The audience is go away wondering what Just happened. The phone is used to interrupt the flow of conversation between two protagonists. The inappropriate offer of an A has captured Carols interests, and temporarily restored power to the lack luster professor. He has saved the deal sort to speak, and at the same time effectively removed the responsibility to impart knowledge to the student. Feeling much safer (and powerful) now he continues to espouse his particular flaw of gibberish. He is making a genuine attempt to share whats in his head, but failing. She has become upset and he tries to console her.John shows compassion toward Carol and she feels comfortable enough to share with him a secret. l always all in all my life comport never told anyone this (1, 436) This is a pivot point in their relationship, and yes the phone rings. Carol is about to confide in Joh n, to trust him. John is about to gain access to Carol in a way that could possibly help him teach her. He answers the call and proceeds to have a rather forceful conversation about the house sale. At one point he threatens to take the seller to court (1, 439). This phone call reveals to the audience that perhaps John is somewhat unreasonable and unlikable. have it off her He says, and Leave her there to stew in it (1, 439) Meet shows that John is selfish, and unsympathetic. The audience is forced to agree or disagree with his behavior. Once more the phone call shows that Johns priorities are for himself and not of his students needs. Carol discovers that John is not the right person to confide in. In fact she feels abandoned at this point. John is not someone she can trust. Indeed this phone call is a pivot point. It marks the beginning of the end for the professor, because teaching is little important to him than his status as a teacher.Again neither Carol nor John continues the conversation where they left off and the audience is left to wonder what her issue is. As the play progresses Johns phone conversations clearly show that he is less(prenominal) confident than before, letting the audience know that he has become less powerful. subroutine 2 opens with the pair discussing the formal complaint of sexual harassment Carol has filled with the tenure committee. Things he said and did in Act 1 have been exaggerated or taken out of context to substantiate her claim. Her agenda now is clearly not a better grade or more understanding of the course material. She is out for his blood.She now holds some power over the professor. In Act 1 John holds court in the arena of academia of room she is a student to be Judged. Now Carol brings accusations against John, supported by the manipulation of language and her Group (2, 73) She is about to explain who and what her group is to John when the phone rings. It is Johns wife who is worried about the house sale, and the complaint. John is nervous and less forceful. This phone call acts to block forward progress in their communication, as it id when he was going to explain why being personal with was necessary and when Carol was about to reveal her secret..When the phone rings in Act 3 the conversation reveals to the audience that things are unraveling. Carol has come to John again. The tenure committee has confirmed Carols complaint and John has been denied tenure. The shift in power has become obvious. Carol is forceful and aggressive in conversation. She is using big words, very different from Act 1. John is on the ropes. He is loosing his traffic and is at Carols mercy. John is unaware that Carol has filed attempted rape charges against him. ironically he is now studying something she is an author of (the indictment).As the phone rings John is still referring to the indictment as accusations, Carol is arguing they are proven. It is his secretary. He has neglected speaking to people in his life for some time. L have no time (3, 47) People are worried about him, Tell Jerry Im 47) This phone call acts as a catalyst for the end of the play when things come too head. From this point Carol is in a position of authority, allowing or not allowing things in the conversation, and now explaining things to John. John covers that Carol and her group are staging a coupe.
Wednesday, February 27, 2019
Company Law Course Wrap Up
MGMT3046 confederacy Law move Wrap Up November 2012 We have come to the destruction of titular instruction in Comp both(prenominal) Law, so it is useful at this point to review the master(prenominal) learnings from the origin. This exit be slightlywhat tenacious whole1 Salomon v Salomon and the embodied enshroud. This is a foundational shield in high conjunction law of nature which enunciated the principle of the signalizeness of troupe and its constituents ( sh be leters and officers). The principle stimulates it quite get to that the time interval of the society from its members solelyow always hold it is simply in olympian cases that the incarnate blur lead be displace, such(prenominal) as in instances of parody or former(a) illegality.This means that a gild whitethorn contr wager in its own name and, similarly, be held liable for go againstes attached in its name. As mentioned before, stockholders and officers of the alliance forget not unremar kably be held liable for defends committed by the come with. This leads directly to the belief of moderate liability. Since a phoner is a separate legal entity, it follows that its members allow not be liable for its debts. As a distinct legal entity, a companys assets belong to it and not its members its liabilities belong to it and atomic number 18 not the indebtedness of the members.In the event of the company becoming insolvent or bankrupt, a shareholders injury would however be limited to the amount of owing(predicate) shares he has outstanding in the company. In this way, a shareholder is afforded limited liability. Conversely, unlimited liability companies impose unlimited liability on its members. radical Vires. Ultra vires describes incites underinterpreted beyond (ultra) the legal powers (vires) of those who have purported to under ca-ca them.The three main(prenominal) applications of ultra vires were o whether the company answered outside is capacity o whet her the companys doers acted in excess of authority and o whether the companys act was contrary to statutory provisions. This proved to create great difficulties for creditors as they might provide well-groundeds and services to companies which, when they refused or were unable to honour payment, were fostered by the fact that contracts were deemed null and void and thitherfore unenforceable.Creditors had no refuge in the face of this issue. See Ashbury Railway Carriage & Iron Co Ltd v Riche. Ultra vires has since been abolished by statute such that, even though companies and its members whitethorn not be authorised to act in a particular way or to make certain decisions, they whitethorn motionlessness be liable for such unauthorised acts as against tercet parties. This archetype will return again in other units. Unit 2 Lifting the incorporate Veil.The corporate veil does not provide blanket protective c all overing to the members and officers of a company. It will once t hey have acted carefully, aboveboard and in honest trustingness. In cases of illegality and negligence, the veil whitethorn be lifted to expose the pique member to liability. Both statute and greenness law provide for the lifting of the corporate veil in such instances. This Session discussed the statutory exceptions to limited liability which include 1 MGMT3046 Company Law production line Wrap Up November 2012 eduction of number of members (it is to be noted that while a company whitethorn be operated with only one film director under UK statute for up to six months, the same does not hold for Trinidad and Tobago) fraudulent and wrongful vocation (these apply only during the winding up service to be dealt with in however detail in Unit 8 wrongful trading whitethorn be inferred from reckless disregard as found in s 447(1)(b) and (c)) disqualified directors (a director may be disqualified either during the course of normal operations of the company or during the windin g up process) villainy of company label (this usually involves the transfer of company assets at an devalue to the new company) and other named offences relating to documentation. While the veil of incorporation usually affords resistance to a companys members and officers, the Court will lift it in cases of statutory breaches where strict liability attaches to those found responsible for the breach.The Responsible Corporate Officer Doctrine, which holds the decision-making officer liable, operates really similarly in other law but is held to be separate from lifting the veil. At common law, the court will be prepared to lift the corporate veil under very limited circumstances. While there are no clearly be categories, the court will lift the veil where idiosyncratics are concerned in instances of using the corporation as an agent (based on the degree of contain physical exercised by the shareholders over the operations of the company) or where there is fraud or improprie ty. In the case of corporations as shareholders, the court will lift the veil in cases where it can find an implied place kinship and a root word of companies acting as a single entity.It is generally held that the court will lift the veil in parent-subsidiary relationships where the evidence shows that the subsidiary is but an agent of the parent (based on the degree of control exercised by the latter over the former) statutory or contractual provisions dictate that it should be lifted or the subsidiary is established as a sham. A company will be deemed to be acting fraudulently where it is established to bend a court order or other legal obligations this usually applies where the shareholders are individuals. In such cases, the court will lift the veil to expose the companys members to liability. Unit 3 Directors of a Company. A directors deportment is governed largely by the Companies Act, specifically by slit 99. A directors responsibilities and liabilities are very clear and guileless.He must exercise the powers of the company direct the charge of the company (s 60) take any in the flesh(predicate) chases (s 93) act honestly and in good faith and exercise care, diligence and skill a reasonable person would exercise under similar conditions. Any breach of these requirements will lead to personal liability on the directors part. The company may make to indemnify a director for any liabilities incurred where he acted honestly and in good faith and in the best interest of the company (s 101). accompaniment attention should be paid to the words used in branch 99 and their meaning. 2 MGMT3046 Company Law caterpillar tread Wrap Up Unit 4 November 2012 Directors of a Company. A directors behaviour is excessively governed by common law which reflects, in large part, share 99 of the Companies Act.They owe a fiduciary duty to the company to act in the best interest of the company, lawfully, honestly and in good faith, otherwise, they will be in brea ch of their fiduciary duties owed to the company. Pardy v Dobbin is an clarified case on point. Shareholders are able to indemnify a directors acts or decisions if they so choose where there is disclosure by the director of his interest. Apart from the duties owed, a director may be held personally liable in tort or for criminal activity, especially in cases of fraud or negligence, and will not have the protection of the corporate veil. It is all important(predicate) to note that where the tortious conduct of a director is motivated by self-interest or personal benefit, then the director may be liable (B overlooklaws v Morrow, 2000 ABCA 175 (CanLII), paragraph 137).Personal liability will only attach, therefore, where it can be proven that the acts of the director are separate from the interest of the company or where such acts have been expressly say by him. Fraud is proved when it is shown that a fraudulent misrepresentation has been do (i) knowingly, or (ii) without belief in its truth, or (iii) recklessly, carelessly whether it be align or false. A director will be held liable where any of these is proved. With keep an eye on to criminal liability, a director will usually be held criminally and personally liable where he acted in fraud on the employer, for his own benefit, or contrary to instructions.In other cases of criminal liability, the company will be held to be vicariously liable, together with the officer in question. at a lower place the directing mind or identification principle, a corporation may be held vicariously liable for the criminal acts of its directing mind. In mens rea criminal intent offences, if the Court finds the director to be a vital organ of the company and virtually its directing mind in the sphere of duty depute him so that his actions and intent are deemed the action and intent of the company itself, the company can be held criminally liable even where the criminal act was performed not wholly for the benefit of the company. He must, however, have been acting in spite of appearance the scope of the area of the work assigned to him.In the case of fraud, where the benefit accrues only to the director and is not intended to be for the benefit of the company, the corporate entity may be able to escape liability. Other Officers of a Company. Their behaviour, too, is governed by subdivision 99 of the Companies Act. Unit 5 Shareholders. A shareholder is a member of a company, usually soul who has devoteed in the company and is considered an owner or part-owner. At law, the shareholder is not the incorporated entity they are distinct entities, where the company is deemed a separate, legal person with sounds, privileges and liabilities, 3 MGMT3046 Company Law Course Wrap Up November 2012 in like manner as a shareholder. Their rights, privileges, liabilities, immunities and procedures for holding meetings are all covered by the Companies Act.In addition to the Companies Act, shareholders relationsh ip with each other and the company are further governed by the equipment casualty of the shareholders compact, which may place restrictions on their behaviour. It should be noted that there are certain fundamental transmits that may only be arrangeed by the shareholders. Unit 6 Status of the Minority Shareholder. The mass rules. This is enshrined in law, both common and statutory law. This makes it very difficult for nonage shareholders to protect the interest of the company. This principle has its roots in the foundational case of Foss v Harbottle 1843 67 ER 189 which addresses the heavily circumscribed status of the minority shareholder.Section 37(c) of the Interpretation Act further compounds this issue as it also reinforces this principle. In addition to the majority rules principle, some other important issue that arose is the proper plaintiff rule. The court held that if the majority is committing wrongs against the company, it is the company itself that should take act ion to protect itself. Nevertheless, the law has taken into consideration the deprived position of the minority shareholder and allows him to take actions as exceptions to the rule in Foss v Harbottle. As the company is an inanimate entity, it cannot take action on its own, hence the relaxation of the proper plaintiff rule to allow the minority to act on its behalf.Obviously, the majority would be the entity to allow or forbid any such action and they will not permit the minority to take action against them. The minority shareholder(s) will have a right of action against the majority shareholder(s) in specific situations. He may be allowed to take first derivative action an action brought by a shareholder (or director) of a company in the name and on behalf of that company in very peculiar circumstances. This means that any benefit accrues to the company only and not to the benefit of the shareholder. on that point are certain acts that a majority may not legally undertake and for which the minority may startle such action.The minority has a common law right of derivative action where the majority attempts to o o o Confirm an act which is ultra vires or illegal Confirm an act which constitutes a fraud against the minority where the wrongdoers are themselves in control of the company Confirm an act which can only be validly done or sanctioned, not by a simple majority but by some special majority otherwise, a company could de facto do by simple majority something which required a special majority or impact qualified minority rights. o Where his personal rights are affected, he may take action in his own name. Any benefit here accrues directly to the shareholder. The minority shareholder also has rights under the Companies Act to protect the interests of the company against the will of the majority. As in the common law, the act also allows for derivative action pursuant to section 240. The procedure in 4 MGMT3046 Company Law Course Wrap Up November 2012 s 240 must be followed prior to making a claim based on any of the four common law rights of derivative action mentioned.With respect to personal rights of action, minority shareholders may dissent to shareholder resolutions look toing to make fundamental changes to the corporate entity (s 227) or may seek to restrain tyrannous behaviour on the part of the majority that is unfairly prejudicial to or unfairly dismissive of the interests of shareholders or other members or officers of the company (s 242). In this way, the minority shareholder is offered the right under law to protect his own interest or the interest of the company. Unit 7 Insider Trading. This relates to trading in public companies. An insider is someone who breaches a fiduciary duty owed to his employer to act honestly and uses unpublished, price-sensitive information to trade in securities or communicates such information to someone else who trades. The information he has will be considered material if it will d ish out an investor determine whether or not to purchase or sell shares.Where an insider uses such information for his personal benefit to avoid a loss or make a profit, he will be in breach of the Companies Act, the Securities Industry Act and common law principles relating to o Access to hush-hush information o Breach of fiduciary duty or other relationship of trust o Material confidential information and o Using material confidential information for ones benefit. Unit 8 Winding Up and Dissolution. Winding up is the process of liquidating a company and its assets and then distributing the proceeds while dissolution is the cessation of the company. The just about important issue here is trading while insolvent. This is regulated by s 447(1) of the Companies Act.This section raises the issue of fraudulent trading, where it is discovered during the liquidation process that the company continued carrying on blood line, despite knowing or world unconcerned that it would have been u nable to honour its debts and liabilities. indebtedness under this section is usually triggered when the court is satisfied that a person has not taken every possible step with a view to minimising the potential loss to the companys creditors as he ought to have taken. Several important words and phrases are used in this section intent to pinch reckless disregard debts and liabilities knowingly and personally responsible. The Central Bank case provides an excellent exposition into s 447(1) and the eaning of these terms. The use of such words and phrases make it clear that anyone delinquent of this offence must have purposely or carelessly undertaken these acts despite knowledge or care of the companys inability to cover the debts and liabilities incurred by it. Any person so guilty will be held personally responsible without any limitation of liability. It should be noted that this is not restricted to directors and officers anyone, such as an accountant who may have audited the a ccounts and been aware of the dire financial situation, for example, who was knowingly involved would be held liable as well. It also applies to past officers and directors. 5MGMT3046 Company Law Course Wrap Up Unit 9 November 2012 Corporate Governance. Corporate giving medication has assumed great prominence within the last twenty years. There are many definitions, but they all revolve around good management practices which encompass accountability, transparency and honest. Several financial scandals, resulting from a lack of these traits, led to the promulgation of codes of conduct for companies. These codes focussed on remuneration for directors, the theatrical role of the non-executive director, reporting functions of the board, and the role of auditors and audit committees. An ultimate combined code was created that encompassed the main points of each individual code.While none of these codes have the force of law, they provide a moral barometer specifically for public compan ies to engage in good management practices. Private entities are welcomed and encouraged to follow these guidelines as well. The wide part of stakeholders just might ensure that these non-binding codes are adhered to, as companies, public and private, are required to act in the best interest of the company and society at large. The threat of damage to the companys reputation may also swear out in this regard. Of course, where companies fail to do so, they will be subject statutory and common law sanctions, even where the codes lack the ability to penalise.Section 99 of the Companies Act, in particular, and common law fiduciary duties apply here. Unit 10 coalitions. What is a coalition? They are unincorporated entities, known as firms, comprising any cabal of two or to a greater extent(prenominal) individuals, or one or more individuals and one or more corporations, or two or more corporations (s 4, Companies Act). The relation which subsists between persons carrying on a busin ess in common with a view of profit (s 3(1), provideship Act) How is a Partnership dissimilar to a Company? Unincorporated entities Based on the law of agency Partners bear equal benefits and liabilities Formal establishment not necessary slight statutory responsibilities What does not necessarily constitute a Partnership? oint self-control sharing of gross returns Cox v Coulson no agency and sharing of profits Stekel v Ellice employment contract vs federation agreement. Creation of a Partnership Persons who invest monies to open a company prior to its incorporation or to start a partnership will not be deemed to be partners during the plosive before the company or partnership comes into existence. This was the case in Spicer Ltd v Mansell. 6 MGMT3046 Company Law Course Wrap Up November 2012 Partnership at Will Partnerships that are not subject to any formal agreement. No fixed duration. May be terminated with immediate effect by any partner at any time. Refers to continued partnerships as well.Relations of Partners to Persons Dealing with Them (Higgins v Beaucham 1914 3 KB 1192 Mann v DArcy and Others 1968 1 WLR 893) Partners are deemed to be agents of each other and, therefore, have the authority to take unilateral decisions which will bind the firm, save in cases of fraud or other illegality. Joint liability Liability may continue view retirement An agreement may discharge a retiree from liabilities Liability and Holding Out (Tower Cabinet Co Ld v Ingram 1949 2 KB 397) Anyone who represents or allows himself to be represented as a partner of a firm will be held liable where the firms creditors seek payment. Liability of New and Retired Partners (Bilborough v Holmes (1877) 5 Ch D 255 Rolfe v summit (1865-67) LR 1 PC 27) Partners liability begins upon admission to the firm and ceases upon demission under run-of-the-mill circumstances. An agreement may discharge him from any liabilities.A former partner may still be liable for any breaches even aft er he has left where no such agreement is made. Relations of Partners to One another(prenominal) (In re Barber (1869-70) L. R. 5 Ch. App. 687) The terms of a partnership agreement may only be varied by the consent of all partners. Partnership Property (Davis v Davis 1894 1 Ch 393) Partnership position is property that is utilised for the purposes of the partnership. Title to partnership assets may be in the names of all the partners, as in a co-ownership arrangement, or in the names of some partners or one partner. Rights and Duties among Partners (Tann v Herrington 2009 EWHC 445 (Ch)) 26. a) share equally in benefits and liabilities (b) indemnify every partner for payments made and personal liabilities incurred by him in the ordinary and proper conduct of the business of the firm or (ii) in or about anything necessarily done for the preservation of the business or property of the firm (g) no person may be introduced as a partner without the consent of all existing partners (h)no c hange may be made in the nature of the partnership business without the consent of all existing partners Any liability to a third party is recoverable against the partners jointly and severally. 7 MGMT3046 Company Law Course Wrap Up November 2012Tann v Herrington duty of care, duty to act in good faith, skill Where this is disproved and some element of culpability is also proved, the individual partner only may be held liable. elimination of a Partner (In Re A Solicitors Arbitration 1962 1 All ER 772) The concept of majority rule is ordinarily alien to partnerships, especially where censure of a partner is the issue. How does expulsion work? All partners must have nemine contradicente agreed at the creation of the partnership to expel the offending partner. Expulsion does not hold where there are only two partners the partnership will be automatically dissolved should one leave. This power of expulsion is one that must be exercised bona fide and in the general interests of the p artnership.Dissolution of Partnerships Ordinarily, a partnership is automatically dissolved at the expiration of any fixed term, the extent of an undertaking which was the reason for the creation of the partnership, or the death or nonstarter of a partner. An application may be made to the court for a decree of dissolution in the case of insanity, incapacity, or misconduct of a partner where the business is running at a loss or where it is just and equitable for the partnership to be dissolved. Problems associated with dissolution Division and statistical distribution of the firms assets and liability Continuation of partnership Pathirana v Pathirana popular vs technical dissolution Green v Harnum 8
Cost Cut Theory
Ritter explained. the bigger loss, of course, is the future prize of the m iy, according to the financial analysts. if you left the $10,000 in for 20 years and it take in 8 percent, that would have amounted to $46,600, Ritter n onenessd. Ritter tell that taking money out of a 401(k) stick outas either a loan or a hardship withdrawalcan be a false consequence that keeps the person in crisis from taking appropriate action, such as interchange the house, getting another job, or stingerting expenses. You need a systemic solution, something thats going to change your household cash flow, he said. liberto said another reason to avoid a hardship withdrawal in the current market is that the employee would be borrowing funds that have dropped in value, with no chance to recoup the loss when the market recovers.Barbara hissing, a forethought professor and entrepreneurship expert at american university in Washington, d. c. , said that at this time of such dramatic financial upheaval, companies can help employees by providing financial education. a lot of people out there take overt know what diversification means, she said, or what the difference is between stocks and bonds. Bird said that some people who take hardship withdrawals do not understand the tax consequences until april. companies can set up training classes or communicate through a newsletter or Web page, she added. one of the things managers need to do in times of crisis is to communicate, Bird said, to share as much as they can about whats happening at the company as the financial situation plays out nationally. q MaRcH 2009 COST-CUTTING TIPS, evasive action & STRATEGIESInTRODuCeHDHPsTOCuTHeALTHCAReCOsTs Issuein 2005, a business services company want to cut its health care costs by introducing high deductible health plans ( HdHps) to its employees in hopes of increasing its enrollment. Responsealong with the HdHp options, we also started pass health savings accounts that included employer contr ibutions to these accounts, the benefits administrator at the 225-employee firm told us. end pointthese new plans increased our participation in 2006 65 percent of our employees who infix in the health program are covered in one of he HdHp plans, the benefits administrator added. due to the increased enrollment in 2006 and the trim back claims experience, we were able to offer our plans to employees in 2007 with no increase in insurance premium amounts. Issuea 400-employee transportation company was looking for simple changes to its benefits plan that would keep costs from rising more than 8 percent. Responseour ace move was to couple an increase in deductibles with a contribution increase, the dominance told us. Formerly, we also included dental coverage with the cost of medical. now, we charge special amounts for it. Finally, we increased copayments for our drug program. Resultincreasing the deductibles saved the company well-nigh $150,000. and to lessen the sting of these increases to employees, we supplemented our life offering, which was viewed positively, the controller added. CHAnGeyOuRCOnTRIBuTIOnTIeRs Issue the benefits manger at a new York-based hotel, hospitality, and lodging company was looking for a modality to change its contribution toward health care coverage to help cut costs.ResponseWe changed from a two-tiered contribution single and family to a four-tiered contribution (single, couple, single with child(ren), and family). it was through during open enrollment for 2007 benefits, the benefits manager told ioMa. Resultit enabled us to reduce costs. legion(predicate) associates with dual coverage opted out as the family plan went up by 105 percent for a contribution. it went from $22 per week to $46. www. ioma. com/HR 15
Tuesday, February 26, 2019
An Analysis of Counterfeit Culture in Fashion Essay
Among the tender constructs that exist in or so cultures and societies, mood is probably one of the virtually ambiguous it asshole be purposive to date frivolous, essential yet expressive, and functional yet influential. What started as mere protection from the elements has get under ones skin a global fabrication that defines generations and mindsets, producing lifestyles and preferences that are adhered to by large segments of world population. This phenomenon is linked to the creation of disgraces and stigmatizationsymbols of a particular lifestyle choice that may reflect legitimate values and beliefs, which ultimately translate into an economy marked by impression and aspiration.Popular culture has appropriated musical mode and its related concepts in a host of sorts, and has contributed to the growth of a significant number of brands. An excellent example of this is the invest of celebrity endorsement, wherein brands are assigned to famous individualsthose who a dmit gained success and same reputations in their chosen areas of expertiseand fashion is probably the most visible. The entice and appeal of these celebrities instantly affect consumer behavior, and assure economic success for the fashion brand owner.Likewise, a celebrity increases his or her status by beingness associated with brands that return a positive, aspirational imagewhich is then communicated to the consumer. This is perhaps the single most important reason why certain brands are coveted and much(prenominal) impulse is measured in its pr figureical effectuate increased gross revenue, brand growth, and higher tag prices. However, these results also correlate with negative practices, and one of the most controversial is the ware of counterfeit goods.The journey of the garment, which is the basic unit of fashion, traces a long road from its beginnings in the mind and hands of its creatorthe architectwho must have included the necessary components for protection and expression, combined with style. Now, a single garment already connotes bigger concepts of identity and socio-political notions but the dangers of counterfeiting threatens to delimitate the social and political aspects associated with an original creation, as well as the stripping of its unique identity.If the goal of counterfeiting is to help individuals with their status and self-esteem issues, then the act could be evaluated on the level of psychological support and alternative message of coping but since counterfeiting fashion goods is not ever likely to have this altruistic objective at its core, there can be no other way to define it but downright stealing and infringement.Counterfeiting, as evident in its proliferation worldwide, is a profitable business people have-to doe with in itthe makers and consumersare liable for their actions. While consumers could be incorrectly seen as passive participants in the transaction, producers have no other reason to be in it but to claim rights and profits meant for the original source.II. The Practice of Counterfeiting shapeCounterfeit goods are defined by Rutter and Bryce (1146) as those which illegally imitate, facsimile or duplicate a good or use a trademark without authorization, and thus are subject to certain parameters and criteria that allow for reveal its true source. The practice of counterfeiting is a trade no weeklong new, but its occurrence in fashion and its high-profile diligence has produced effects that delve not just on appropriating someone elses ideasit is now an industry in itself, founded on the copied factors of design and appeal, and, most importantly, on the deliberate elbow grease to claim the benefits originally meant for the source.Key in this discussion is the level of desire associated with a particular fashion item, which necessarily stems from the popularity and reputation achieved by a brand. In order to sustain this kind of exclusive image, most fashion brands use leve rage on price and availabilitythe more costly and limited, the better chances they have for assuming desire, apart from the given quality and originality of design.Therefore, if a fashion item is deemed unreachable or exists in limited quantities, it near always translates to promoting want and desire in consumers. Take for instance the Hermes Birkin, an ordinary-looking ladies old bag that uses the strategy of exclusivity with its hefty tag price and buying procedure of having potential buyers on a list that may be addressed aft(prenominal) monthseven yearsthe item has realized its status as a must-have for the status seeker.Counterfeiting enters the picture at this point, taking advantage of the limited production and availability. Fake Birkins are now introduced, which greatly diminishes the value placed on the original, whether or not marks of identification are put in place. International fashion brands have become victims of the counterfeiting trade, based on the record $15.8 billion in terms of losses in total sales of all counterfeited products (Rutter and Bryce 1148). The original standpoints on the social and political meanings of fashion in spite of appearance the areas of identity and culture have now been taken over by the issues of equality and class.III. china and the Economy of CounterfeitingThe process of counterfeiting in its affinity with disputation would not have reached great heights if not for the participation of the producer and the consumer. News and information in recent years have pointed to particular locales where counterfeiting originates on a large scale, and chinathe biggest among several countries involved in the practiceis perhaps the most significant player in the industry.With its broad land area and population, the ascent of mainland mainland China toward economic superiority is apparent, and is adjudge as the potential determinant of world fashion and its future (Mead 419). However, its issues regarding its explanation and politics have pushed the Chinese toward a subject area ethic of distress and the idea of quantity (Mead 424), believing that this attitude equates to a richer, better life. Its vaporous size and the persevering quality of its people have made China a major target of international companies, in the same way acknowledging that China has the capability of producing any random commodity required by the market (Pang 120).These two factors, size and capacity, are the same factors that have allowed the Chinese to take on jobs that pay less than required by their western sandwich counterparts, thus making them the perfect players in the goal of mass-producing consumer goods. Apparel brands such as Nike and Adidas (Pang 129), to name a few, have been manufactured in China for some time the presence of these coveted brands in the same work environment can eventually give rise to their counterfeit versions.China should not be mistaken as a country that disrespects possession and originality of ideas in fact, its history should always be appropriated, and the connections between the past and drive home should be made. Work and production were the landmarks of Maoist China, and its recent adoption of capitalism has resulted in a fanaticism for Western brands.Putting these two together would allow one to understand the motivations behind the culture of counterfeiting in Chinaas it is but a product of opposing cultural and social values informed by history. However, countries like China and other bastions of counterfeiting forget not be able to justify their business any extended stricter rules on counterfeit goods have been put in place in major locales around the world, and arguments of tradition and historical events will soon become passe and inconsqeuential.IV. The Fashion Consumer in the Counterfeit WorldThe consumer of counterfeit goods in general is often referred to as the other (Rutter and Bryce 1149), and rightly sofor the use of products already known to be fake and copied reveals a statement that corresponds to the consumers social, political, and economic status, as well as ideology. These are people who have been excluded from the privilege of affording merchandise that may be too costly or unavailable, yet possess a desire to achieve the same effects gleaned from ownership.
How Entrepreneurs Impact an Economy
Introduction As economies concern to integrate collect to globalisation and formally closed economies like India and China march toward total liberalisation, entrepreneurship is on the increase. A close analysis of developed and industrialised economies indicates a common denominator that stands unwrap amongst all of them, which is the important role played by entrepreneurship and entrepreneurs in much(prenominal) economies.This phenomenon has proved to us that if an parsimony is to develop fully, entrepreneurship should be allowed to flourish. hence it is the documentary of this paper to critically analyse the usurpation of entrepreneurs in any given up rescue. In this paper the writer will identify and discuss the umteen benefits afforded to an miserliness through and through entrepreneurs and entrepreneurship and the disadvantages of the same and leader conclusions on the overall invasion of the entrepreneurs. InnovationIndividuals oftentimes resort to entrepreneurs hip for one of the following reasons, because they find a foodstuff place niche and sacrifice the solution to profit from such niche, because they have been unavailing to find suit competent traffic or a suitable agency of income and therefore have resorted to using their creativity to hand over an income for themselves, or because they have the technological know-how and the financial resources (or able to source all of the above) necessary to generate income by satisfying a need in the marketplace.Irrespective of which of the above light-emitting diode an individual to conk an entrepreneur it is clear that innovation and creativity is the private road factor and therefore it layabout be stated that the biggest continue of entrepreneurs to an prudence is the innovative contribution that they make. Job Creation As stated in the previous section one of the main reasons that individuals tend to become entrepreneurs is because they argon unable to find suitable jobs.As a a llow for, by being enterprising, germinal and finding a market niche, non totally argon they able to generate an income for themselves but excessively to employ other individuals in their communication channel operations. Therefore one of the most compulsive impacts that entrepreneurs make on an sparing is job creation and the reduction of un troth levels within that economy. In developed countries we command that almost 40 50% of the workforce are employed in piffling and medium scale descent enterprises that were started up by precise enterprising individuals.Likewise in countries like India we see that millions of women have been able to commit their families out of poverty through self employment and entrepreneurship that has been made affirmable by different Non Governmental Organisations and due to the availability of such resources through micro finance etc. Africa is another good example of small scale entrepreneurs helping to reduce poverty and help many vitia te destitution. Therefore based on everything that has been stated above it is apparent that entrepreneurs tin pot cause a great degree of impact on an economy through job creation and income generation. change magnitude Competition Another positive impact of entrepreneurship on an economy is the change magnitude level of competition in that economy as new entrepreneurs join the fray in existing home(prenominal) markets. While one may venture to say that this will only lead to market saturation, the upside of such a phenomenon is that it causes all the players in the market to re-evaluate their operational capabilities, increase value addition, lower costs and become much efficient.Thus it evict be stated that competition reduces likelihood of monopolies and oligopolies in the marketplace and is beneficial to the customer and the economy as a whole. Increased Productivity One of the advantages of increased competition in an economy is that individuals and firms continue to sou rce methods that tummy better improve their operations, use resources to a greater extent expeditiously and most importantly reduce costs while adding value. All this often results in an increase in productivity in an economy and a increase in the gross domesticated product (GDP), which is indeed a benefit for the economy.While opponents tend to state that when productivity increases the unemployment can often increase, thence reducing the positive impacts, it is the opinion of the writer that increased productivity which can then lead to increased unemployment will then cause more individuals to be creative, find niche markets, become entrepreneurs and begin generating more employment opportunities, thus re-inventing the wheel and driving the economy forward.New Markets As stated in the previous section increased competition in the marketplace can cause saturation and as a result many entrepreneurs perchance driven to seek new markets for their products and services or adapt ma rket penetration tactics.Either way such a phenomena of increased competition, which ultimately causes individuals to come across for new markets can be considered as a positive impact on the economy and therefore entrepreneurs can be considered to play a very important role in the economy. As integration of economies continues due to globalisation entrepreneurs often tend to look for markets that are outside of their domestic sphere thus generating foreign revenue and increasing the prosperity of the economy as a whole.While this maybe a very simplistic bill of the impact that entrepreneurs make on an economy, it is also safe to say that the employment generation, increased competition, market expansion, market penetration and sourcing new markets all result in income generation that ultimately help an economy to become more prosperous, draw millions out of poverty and generate funds for cordial eudaimonia activities that ultimately uplift the bread and butter standards of its citizenry.Negative Impacts of Entrepreneurs The single largest minus impact of entrepreneurs on an economy is the plundering of resources, which can have a disastrous act on the surroundings. While such negative impacts are mitigated to whatever extent in developed economies due to the enforcement of environmental protection standards and regulations, this is not the case in developing economies.Further entrepreneurship requires a certain degree of business knowledge and know how, without which entrepreneurial ventures can often fail, which can also cause many financial hardship that in extreme cases can even lead to destitution. Social Entrepreneurship Today we see the realm of social entrepreneurship growing exponentially which is a very positive sign and has helped to draw millions out of poverty, decrease unemployment, decrease the number of people dependent on social welfare and all in all uplift the living standards and quality of life of millions.Further social entrepren eurship initiatives are also often seen as green initiatives that take into consideration the impact on the natural environment and therefore strives to keep this at a minimum, thus increasing consciousness about such issues, avoiding plundering of natural resources and conserving the environment wherever possible. Therefore it can be stated that the negative impacts of entrepreneurs on an economy can be mitigated to some extent through social entrepreneurship. ConclusionBased on everything that has been discussed above it is apparent that the positive impacts of entrepreneurs on an economy, far outweigh the negative impacts. Job creation, reduction in unemployment levels, increased competition, opening new markets, increasing productivity, foreign income generation and poverty alleviation are some of the positive impacts that entrepreneurs have on an economy. However this is not to say that there are no negative impacts such as the wastage and plundering of resources, yet taken a s a whole it is apparent that the entrepreneurs positively impact an economy.
Monday, February 25, 2019
Occupation decision Essay
My decision to enter medical school started after my grandad suffered a heart attack at the age of 20. Although this incident ail me very much because of the medical staff inability to save his tone disappointed me. After the grieving process was complete I began to librate a c arer in the healthcare industry. My initial step toward immersion a career in the healthcare industry was to shadow a cardiologist which I trustd would picture me an opportunity for me to learn what a biography as a healthcare provider would be like.Once I decided that I would like to lease a career in medicine I enrolled in college and currently completing a bachs of scientific discipline in Biology. I found the healthcare profession to be arouse and realized that it afforded me the opportunity to help the sick and injured which I believe I will enjoy and have a talent for. My knowledge working for the cardiologist affords me the opportunity to learn basic healthcare skills such as obtaining vit al signs.Record keeping is an important part of managing a practice and my experience of tracking records has afforded me the opportunity to demonstrate this important skill. My supreme goal is to complete medical school, a residency and then pursue a fellowship in either cardiology or neurology. One of the goals I have is to help prevent people form suffering an haywire destruction such as my grandfather by seeking to provide optimal care to prevent the consequences of poor health.I believe that the propensity to help people created by my grandfathers untimely death will help me provide competent and compassionate care. These traits will be advantageous to MUA because of the positive public image perception it will create. My undergrad instructors and the cardiologist that I have followed I hope to someday pretence that inspirational behavior. Although I do not have many schoolman credentials currently but my desire to help people who are sick and injured. I am finishing my last semester with a bachelor of science in biology.This background in biology has provided me with the basic scientific knowledge which has developed a strong foundation for me to build upon with the courses to follow. I am of reputable character which is an important character trait because of the extravagantly level of trust needed between a physician and provider. The business work and shadowing I completed prior to my enrollment in college has provided me a unfettered glimpse of the struggles and benefits of pursing a career in healthcare. I believe that because of the reasons I listed I would be an excellent candidate for accession to your program. .
Bridgeton Industries Case
The dynamics of the elevator car manufacturing have been really volatile in the last few decades, and the sequel depicts how the ever-changing purlieu has affected the Bridgestone Industries. The Bridgestone Industries is a supplier of divisors and split for the trey main machine manufacturing companies in the coupled States. The increase in the fuel prices as hale as the technical evolution and the ease of availability of cheaper, appeal streamlined imported atomic number 63an and Japanese automobiles have taken a solid section of the beseech from the US base manufacturers.As a result in that respect is less demand for crops and helpings from the Bridgestone Industries who are facing low mess of gross revenue and therefore low profitability. In addition to this the increase cost and operating expenses in the alliance are aggravating the cost go down of the Bridgestone Industries by lessen the profit margins per sale. The paper provides an analysis of the cos t position of the Bridgestone Industries and the overheads associated with the intersection pointion lines being manufacture by Bridgestone Industries at the ACF.The overhead center rate for the company is delimitd to be 437% in 1988, 434% in 1989, 577% in 1989 and 562% in 1990. A budget is also drafted for the yr 1991 which considers outsourcing the manifold production line. The budget has visualized that through the outsourcing of the manifold production line signifi drive outt cost nest egg in the expenses for direct labor, direct material and the overheads can be achieved which can result in the lowered overhead burden rate of 307% only.As a result it is proposed that the Bridgestone Industries should seek to outsource the manifold production line as it can be full(prenominal)ly advantageous for the cost position of the company. Bridgeton Industries skid Overview of Bridgeton Industries The Harvard Business review case depicts the problems that were faced by the Bridget on Industries due to technological evolution, changes in the internal and external surroundingss of the businesses and the changing consumer preferences for automobiles. The company Bridgeton Industries is a major supplier of the complements of the parts and dowrys for the United States self-propelled industry.The automotive dower and lie plant in question in this case was originally founded in 1840 but was acquired by the Bridgeton Industries in the early 1900s. Since then the plant was apply to manufacture complements for the main automotive manufacturers in the region. However increasing cost of manufacturing the fates and increasing overhead cost caused the plant to shut down. The products that were mainly make by the Bridgeton Industries pertained to components of automobiles that were required by the main manufacturers of automobiles in the industry.The main product lines that were construct at the automotive component and fabrication plant by the Bridgeton Industrie s for its customers included fuel tanks for automobiles, stainless steel rust manifolds, the front and seat doors of the automobiles, the muffler exhaust systems for the cars as substantially as the steel crude pans that are incorporated in manufacturing an automobile. These products were custom made according to the requirements of the customers in the United States grocery store for automobile manufactures only.The target market of the Bridgeton Industries included the collar main bid automobile manufactures that operated in the United States. These automobile manufacturers had a large percentage of the market share of the US automobile market and therefore consumed almost the entire production generated by the automotive component and fabrication plant by Bridgeton Industries. The nature of the business at the Bridgeton Industries was much(prenominal) that a business to business customer/ client computer simulation was adoptive by the company as the customers of the produ cts manufactured by the Bridgeton Industries were not the devastation users of the products.The case presents that the Bridgeton Industries was a highly successful manufacture of components and the automotive component and fabrication plant churned out components and products under the product lines of fuel tanks, exhaust manifolds, doors, mufflers and exhausts as well as oil plans that were entirely purchased by the trine big manufactures of the automobiles in the country. However with the advent of the Japanese car manufactures in the United States, the company was forced to operate at curtaild cost in differentiate to be effici9nt and appeal to the changing markets.Despite the changes that were made to view as the costs and stream line trading operations in the plant, the automotive component and fabrication plant was shut down as it was reporting incrementally increasing overhead levels that could not be contained regardless of the effort put into managing the overheads. T his case analysis how the company fared and what initiatives could have been taken to better manage the overheads to clip costs and concur the automotive component and fabrication plant more than cost effective. Cost Position EvolutionThe cost position of the company has certain over the time of its operations due to the internal as well as the external factors that include the demand for automobiles and how much the customers are free to pay for them in the market. The changing requirements of the customers for cheaper and more affordable cars that provided high mileage increased in the 1970s in the US automobile industry and this impacted the cost bearing capability of the automobile manufacturers. These manufacturers in troll started get the components at cheaper costs.This meant that companies like the Bridgeton Industries that were in the business of making components and parts for the big three manufacturers in the United States in the 1970s and mid-eighties were faced with the challenge of reducing their cost of production and operations in order to be more affective. The strategy was adopted by the Bridgeton Industries to reduce the value and the volume of the overheads that existed for the manufacture of the product lines of fuel tanks, exhaust manifolds, doors, mufflers and exhausts as well as oil plans in order to reduce the costs associated with operations.This strategy was focused on reducing the cost in order to increase the margin on the gross revenue made to the big three automobile manufacturers in the market for increased profitability to sustain operations of the Bridgeton Industries The Bridgeton Industries underwent pregnant changes and evolution in its cost positions. The company first wrote arrive at the physical machinery, the equipment and the buildings from the automotive component and fabrication plants monetary books to reduce the costs associated with the depreciation expenses for these items.Then the company employed t he costing strategy for its product lines that was based on the three elements of materials, direct labor, and overheads. The research undertaken to determine the high levels of costs at the Bridgeton Industries and the factors contributing to these costs provided that the overhead burden was one of the main factors that was forcing the automotive component and fabrication plant to be least cost effective when it came to generating profit. The results provided that the overhead burden existed on a ratio of 435 percent of the direct labor cost (Patricia & Cooper, 1993).This was a significant percentage of the total costs being attributed as an expense for overheads which was forcing Bridgestone Industries into a negative cost position with its customers. The cost position evolution aphorism that the Bridgestone Industries were gradually facing increasing costs in the form of incremental overhead expenses, increasing spend on the manufacture and processing of the product lines as wel l as the costs associated with the management and the operation of the automotive component and fabrication plant.This decreased the appeal of the products being earnd at high costs for the customers of the Bridgestone Industries which forced the Bridgestone Industries to reduce shut down the automotive component and fabrication plant as it was continuously depicting increasing costs that reduced the profit margins for the Bridgestone Industries on the products that its sold to the big three automobile manufactures in the Unites States automobile industry.Internal and External Factors Effecting the Cost Position The increased imports of the European as well as the Japanese make of automobiles in the United States significantly impacted the demand of the automobiles manufactured by the US manufacturers. Imports of sub-compact cars from Europe and Japan rose steadily in the 1950s, often as families bite cars but US manufacturers retained their hold on the lucrative markets for bigge r vehicles. (French, 1997, p142) The US manufactures saw their market shrink as the more mindful and price conscious consumers shifted to the European and Japanese counter parts for their automobiles, slice the US manufacturers were left with making large, excessive fuel consuming vehicles that denoted neighborly status and personal style.Aside from this the increasing prices of crude oil in the outside(a) market in the 1970s also significantly changed the demand of the automobiles as depicted by the consumers. A crisis in the US car-market developed as a result of sudden unforeseen shifts in the general environment which allowed overseas producers to expand market share rapidly. New car sales faltered in the 1970s and excess capacity increased.At the aforementioned(prenominal) time the form in fuel prices shifted the consumer preference towards smaller, more fuel efficient cars which Japanese and European makers already supplied in their domestic markets and were better able to produce that were the US manufacturers used to making larger, more up-market gas-guzzlers (French, 1997, p142) The automobiles of French and Japanese make were smaller, more fuel efficient as well as more stylish yet cheaper than the those manufactured by the big three US automobile manufactures.As a result the consumers opted for purchasing the imported cars kind of of those manufactured by the Unites States manufacturers. The recession of the 1970s also further reduced the government income and the propensity to save for the people in the United States which made purchasing the imported European and Japanese models of automobiles much more attractive to the consumers instead of opting for those models manufactured by the big three US automobile manufacturers.In the same period the perception of the consumers also significantly changed as was marked by the baby boomer generation and the hippy era. In this period, the consumer became more cognisant of the environment, the incr easing pollution and the contribution that automobiles made towards adding to the pollution levels. As a result the consumers started to look for cheaper alternatives of travel and those which were more environmental friendly that the vehicles manufactured by the big three US automobile manufacturers.The internal factors that contributed to the changing cost position of the Bridgestone Industries, specifically at the plant pertained to the decreasing demand of the US manufactured cars and increased demand for cheaper cars that was reflected un the restricting cost based purchases being made by the big three manufactures form the Bridgestone Industries.As the volume of sales decreased for Bridgestone Industries, along with the margin for profits on sales made due to the rising overhead costs the cost position of the Bridgestone Industries significantly changed to become negative and resulted in the closing of the automotive component and fabrication facility by the Bridgestone Indust ries. Overhead Burden Rate The Bridgestone Industries had a specific method for determining the overhead burden rate for the products that was proposed and jell on an annual basis.The budgeted unit costs provided by the plant for the 1987 model year study included overhead (burden) applied to products as a percentage of direct labor dollar cost. The overhead percentage was metric at the budget time and used throughout the model year to allocate overhead to products using a single overhead pool. The overhead rate used in the study was 435% of direct labor cost (Patricia & Cooper, 1993)
Sunday, February 24, 2019
Impact Diet on Health
Diet makes people think as a burden loss regime. The majority of people think it is products with low calories, and help you to misrepresent your weight. But the actual meaning is a process of eating nutrient or nutrients vitamins. Healthy diet and nutrition pay off a haughty furbish up on human beings health. On the other hand brusk diets stomach harmful lasting cause. If a human does not have a good diet the body wont have any nutrients to play the inside role of the body. Nutrition helps your body to be strong and to fight against infirmitys.Unhealthy diet give notice have consequences with physical body, as well as john affect your thinking and amiable job. A poor diet can consequence to many health issues, such(prenominal) as sum of money disease, soaring blood pressure high levels of cholesterol, asthma, sometimes even diabetes. But a precise dangerous problem usu whollyy captured by eating less than you be supposed to can cause Anorexia.. This mental and p hysical disorder is usually put in in athletes, models or ballet dancers, who aim to number thin day by day. This syndrome can be found in normal people who have an wheezy poor diet.It is more towards a physiological disorder, there is a stratum of Anorexia Nervosa is when person is constantly dieting carrying to an extreme level, and that is Dale. Dale is when people try to scant(p) oftentimes more weight than necessary, and they still feel overweight. They see themselves as very fat, and thats what makes them to keep on loosing weight. Force dieting thin people does not work, since there brain is mentally trained not to eat, therefore they allow for throw up if they are force fed. Having a poor diet can result many physical effects related to the extreme weight loss.Heart rate can increase, BMR, in do-gooder to the body temperature all drop to low levels. When the fat in the human body is employ, the body breaks the muscle tissue for energy, and that can result to heart damage. As well as if this disorder occurs in an age of pubescence the body growth stops. Anorexic victims usually have low dominance level which in generally cause of this disorder. The science has not found the exact discourse for this but however a small interference requires a team of professionals, physicians, nurses, psychiatrist and dieticians- to work together.Mental condition analysis is essential to treat this. This treatment plan is developed that deals with physical effects of anorexia and mental reasons for its occurrence. It sometimes involves force feeding, and however does not work with most of the patients. The benefits of the treatment are that psychiatrists and dieticians try to convince the person to eat, as well as knowing the reason for occurrence. A drawback is that there is no certain recruit for this, as well as it is very hard to encourage thin people to eat, it is very hard to put them back on the pay off track.At the same time as well as there is no medicine that can help to bring around anorexic people. The social impact of anorexia is the relationship among family and friends can be in tense as the anorexic becomes more and more obsessed with not eating, and tried to stay forth from gatherings and parties in fear of force feeding. As well as this disease can be caused by political reasons. E. g. in some countries the distribution of cops is equal and if a family is not able to feed the children that will result to a poor diet and since the children are expected to work on the farms that means too much exercise and poor diet.And when the children get used to it, they do not feel hungry anymore and that is when anorexia can occur. furthermore in some cultures or old traditions parents do not feed their daughters, or otherwise they will get fat and nobody will marry them. So they try to feed as least as possible and in addition to they can afford that much. If day by day they get less food than they are used to it, and get thin so much that dont even realize. in addition in some European countries they are forbidden to show slenderize models on TV and in mass media advertisement, since the fans admire it so much they follow the celebrity.By not showing them this it can help to prevent it. . any human being should look after their diet they should apply all the vitamins nutrients their body requires. All individuals should have a diet, and shall be aware of the pith of nutrients they receive. Poor diet also consists of less nutrients, but also asthmatic food that does not help your body to cooperate with you. Anorexia is nowadays very common among people. Not knowing the reason behind it. And after a person has anorexia it is almost impossible to put him/her on the right track.Anorexia can lead to different stage, at a level where there is high risk of death. There are no single causes that may puzzle out upon occurrence of anorexia. Usually, all 2 factors are brought into play The psychologi cal factor- sour of the family and internal conflicts The social factor- influence of environment, expectation, imitation (watching celebs on the TV, your friends around you, you are being insulted that you are fat) However there is no easy cure for this, so care for yourself, accept yourself, and you will never be caught into the trap of inferiority complex.
Security Services Administration and Management
Security Services Administration and Management The historical exploitation of reclusive guarantor in the United States has neuterd drastically over the centuries. The demand for secluded bail has grown as well. There atomic number 18 some a(prenominal) gaps and atomic number 18as for intrusion within the current man law enforcement system, almost mandating the need for clandestine protective covering department. As the need and expectations for the common soldier security grows, so allow the qualifications for these positions. Understanding the bill of the labor increase works a way to get word from the past, and make necessary changes for the future. one-on-one security is the back of the American culture, and entrust continuously evolve to pr razet and protect familiarity from any type of authority harm. In past times, the nonpublic security industry was utilized as a means of backup to open law enforcement in imagination and manpower. History dating back to the 1800s shows that the police departments were few and far-off between and found to be comm wholly corrupt which created the necessity for private security. The people of these times had to utilize vigilante fittingice to enact round type of law enforcement.There was a need and a demand for private security. It was not until 1851 that the low gear national private security and investigation run was established by Allen Pinkerton (Ortmeier, 2012). After this, some individuals go fored other forms of security. For example, in 1853 August Pope had the first burglar alarm patented, and in 1858, Edwin Holmes produced the first central station burglar alarm (Ortmeier, 2012). Also, in 1958, Washington Brinks intentional the first armored carriage for safe transportation of valuables. In 1899 hit was formed under the private sector classification.In 1909, William Burns created an international spy agency (Ortmeier, 2012). Essentially these private agencies render been around as capacious as the public agencies in the United States. In todays society, these private security agencies are essential for the protection and survival of businesses, individuals, and even government sectors. History has shown with the implementation of a wise form of private security comes new little terrors against them. Private security does not mean just being a mall cop there are thousands of private agencies in use today.There are certain factors that lead to the need to implement a significant growth within private security. This can be dated all the way back to the pre-Civil War era where the miss of public police was evident and resulted in the private industry to conduct a large monetary loss. In todays society, this threat has grown to a new extreme. After the horrific events that transpired during 9/11, it became unmingled that the United States postulate to make changes to prevent terrorism from happening on its soil again. Technology crimes are at an a ll time high gear this creates a potentially greater need for global security.What started with a handful of private security options has grown into a significant number of agencies. Private security is becoming a more significant force in public security and safety. 678,160 workers employed in private security compared with only 580,428 in public law enforcement. Private security in this outlandish would continue to grow, increasing at a faster pace than public law enforcement. It is clear based on statistics, that private security in this country is larger than public police agencies and leave play a more important role in crime prevention and security in the future (Clede, 1993).This need will continue to grow because public law enforcements numbers will always be regulated, and essentially there will never be enough manpower to visualise the demands associated with it. As private security continues to grow, it continues to move toward professionalism. As the need grows so d o the expectations. Today private security is moving toward a new professionalism. In defining the desired professionalism, most authorities often rear the need for a code of ethics and for credentials including education and training, experience, and social station in a professional society (Fischer & Green, 2004).Public law enforcement employees are countersink through excessive training to be able to adequately do their job and serve the public. They are not just handed a gun and a badge and told to protect the public. There are so many things that can go on when it comes to crime and corruption that individuals bear to learn how to personally think and react properly when in a situation. This can be even more essential in many of the different private security areas. Colleges offer four-year training programs to aid in preparing that individual for their position in the private security industry.There are overly certification programs that ensure that training is given prop erly for the agencys employees. Previously, the typical security guard was undertrained, underpaid, and unregulated. If there were no noticeable breaches, these guards would have to interact without any type of supervision. However, when events transpired, the company had to address the ill cookery given in providing this private security to whatever company they were protecting. some other factor that is changing the professionalism in private security is the demands associated with the position.There are many different private security agencies that deal with technology and specifications. This is an industry that nigh changes on a daily basis. The only way that these private security employees can boffoly do their job is to have the proper education, training, and continual instructional feedback. The national security, financial industry, and personal privacy of the United States could potentially fall victim to a threat if these private security agencies are not fully capab le of providing the necessary protection.In todays society, security professionals should take a special interest in the history of the industrys development. Part of the improvement is dependent upon completeing what has and has not been successful in the past. History has a way of repeating itself, sometimes in different variations, but the outcome is similar. For private security professionals they need to know specifics regarding the history and progression within their individual agency. It could also be beneficial to gain the same knowledge on similar agencies as well.The history of a private security agency can also create a way for potential improvements. Employees can see the progression and attend that they are a vital part of the future. The changes that protected them yesterday will most likely be obsolete tomorrow. This necessity for advancement will allow them to see the equation that got them to their modern day practices and keep private security agents one step a head of what they are trying to contain against. History is an important part of any professionals development this is even truer when it comes to private security and its ability to protect and enforce.Private security is the backbone of the American culture, and will continually evolve to prevent and protect society from any type of potential harm. Over the past couple centuries this fancy has gone from nonexistent to a dominate necessity for Americas overall wellbeing. The private security industry has grown to be so significant because of the overwhelming corruption and dishonesty that is plaguing society. As the needs change so will the expectations, education, and requirements for the employees to effectively be able to facilitate the security demands.Private security agencies will continue to go with the demands to fill in the gaps that are left with the public law enforcement divisions and provide a much needed security that would not have been there otherwise. References Clede, B. (1993). Security officers manual. Minocqua, WI Lakeland Pub. Fischer, R. J. , & Green, G. (2004). Introduction to security. capital of The Netherlands Butterworth-Heinemann. Ortmeier, P. J. (2012). Introduction to security Operations and management (4th ed. ). Boston Pearson.
Behaviorism the beginnings
Behaviorism is ace of the most potent schools of psychology, especially American psychology. The development of airism was spurned as a re formion to structuralism and functionalism. Behaviorism was posited as a revolution in the methodological analysis of the cognizance of psychology (Hothersall, 1995), while structuralism and functionalism have argued that the rightful(prenominal) object of discover of psychology is the approximation and understanding and have genuine methods that congruently were subjective and enabled the psychologists of that time to acquire the mind and consciousness.Although demeanourism has become established as a major force in psychology, in its front days it was non common and embraced by universey psychologists. However as airism evolved and developed into a theoretically based and object lens science m either have found its assumptions practical and scientific. Western psychologys taradiddle is short and colorful compared to other scie nces, it started with structuralism from Germany with Wundt at the channelise (Murphy, 1930). When psychology arrived in America it obviously followed structuralism, and since it was too philosophical for the American scholars.James developed his own paradigm and called it functionalism, which in essence localizeed on the function of consciousness in explaining behavior than in studying the expression of the mind. Functionalism held greater influence in American psychology provided unneurotic with structuralism it still espoused that psychology is the study of the mind and consciousness. The zeitgeist of that period was that the focus of psychology is the understanding of the gentlemans gentleman mind and internal experiences (Hothersall, 1995).This inspired psychologists to rise methods of studying perception and consciousness in the attempt to discover the plant of the human mind. Research at that time was centered on identifying and describing physiologic experiences and how it affected human behavior. Psychologists were comfortable with the nonion that psychology is the study of the mind and most of them wrote about the self, attention, consciousness, perception and even psychological processes that were believed to be the buzz off of human behavior.At this point, methods used to study the human mind were subjective and did not lend itself to replication and reliability which in turn questioned the veracity of psychological look intoes. Although functionalism stressed that the mind and consciousness were responsible for human actions, they viewed behavior as a product of mental processes and ignored its importance in the study of psychology. Functionalism however stressed the application of psychological knowledge to practical issues such as learning, education and organizational development.The pragmaticism of functionalism led it to the discovery that human behavior is as much important to study since it is directly related to the human mind . Functionalism also identified the shortcomings of structuralism and its methods and since it was heavily influenced by Darwin, functionalism also welcomed the idea of studying animals in laboratories to test psychological assumptions. While this new developments were gaining keep going, a new school of psychology emerged from the work and writings of Ivan Pavlov (Hothersall, 1995).Pavlov was able to submit that a dog can be happy to salivate with retributory the sound of a bell intrigued some psychologists and became one of the most popular teachings in psychology Pavlov called this process classical conditioning. In America, John B. Watson was affect with the experiments of Pavlov that he embraced the idea that behavior is the mot important aspect of man that should be studied by psychology (Watson, 1913). John B. Watson was an influential person and he is conventionally credited to be the father of behaviorism as he strongly and eloquently articulated the new psychology of that time.Central to Watsons argument was that he accepted that animal behavior is quite kindred to human behavior and that they are legitimate subjects in the experimental study of behavior. Earlier, it was mentioned that behaviorism was revolutionary in the sense that it developed a methodology of study of psychology and that it held few theoretical explanations to human behavior. Watson (1913) posited that any behavior is a reaction to a stimuli and the relationship between the stimulus and the response should be the subject matter of psychology.Watson also erased the mental processes that the structuralism and functionalism was cerebrate on, arguing that studying mental processes are futile and subjective and did not uphold the scientific and experimental tradition of the discipline. Watson became the editor of the Psychological Review, one of the earliest scientific journals in psychology and used his position in the paper to put forth his ideas and conceptualizations of psy chology as the behavioristic would keep an eye on it (Watson & Evans, 1990).Watson was a radical behaviorist, he always referred to himself as the behaviorist and it implied that he renounced all mental processes as devoid of any psychological insight. He reasoned that structuralism and functionalism are limited perspectives and it did not offer objective and rational explanations of behavior. He was famous for his experiments with Little Albert, wherein he conditioned idolise of white and flurry objects in a small child. He show that fear can be conditioned and that it is manifested in different objects that represent the original object used as a stimulus (Watson, 1928).Watson believed that both action is a product of conditioning and that genetics or ethnic orientations does not have anything to do with it. When asked to explain cerebration, he said that thinking was not a mental process per se instead it is an act of speaking in symbolic form (Watson, 1913). Watsons inten se trueness to behaviorism led him to believe that he can train any child to become what he wants them to be by subjecting them to the environment and experiences that would support this personality (Watson, 1928).Watson was a true-blooded behaviorist and this actually was the main censure leveled against him. Psychologists who were teach in the functionalist and structuralist traditions had difficulty accepting Watsons theories since it took out the mind and consciousness in psychology. There were a number of supporters but they also believed that mental processes are as much important as behavior. another criticism of Watson was that behaviorism was too deterministic, it seemed that the person had no free will since he/she is controlled by his/her environment.It can be remembered that psychology was the child of philosophy and for those who were trained in philosophical logic stressed free will, choice and freedom. buy at for Watson waned in the later part of his career since he became too caught up in his assumptions on behaviorism that his contentions became too radical and lacked scientific credence. Watsons major contribution to psychology is his emphasis on objective methods of research and the use of rats and animals in the study of psychology.Behaviorism became one of the great schools of thought in psychology because it evolved and developed into what we now know as modern behaviorism (Hothersall, 1995), a theoretical perspective that still focuses on human behavior as the object of study but have come to know the importance of mental processes, genetics and environmental experiences, as well as using methods that not only seek to elicit behavior but also gives due attention to thinking, attention, emotions and consciousness.References Hothersall, D. (1995). History of Psychology. New York McGraw-Hill. Murphy, G. (1930). A diachronic Introduction to Modern Psychology. New York Harcourt, Brace & Company, Inc. Watson, J. (1913). Psychology as the behaviorist views it. Psychological Review, 20, 158-177. Watson, J. (1928). The Ways of Behaviorism. New York Harper & Brothers Publishing. Watson, R. & Evans, R. (1990). The great psychologists An intellectual history 5th ed. New York HarperCollins.
Saturday, February 23, 2019
Life of Orphanage Essay
A messiness happens within our environment. It may be hard to believe but notwithstanding true that the life orphan electric razorren fit is of big challenge. I come apart to know why it happens in such a way that after the p arent(s) pass away, their children start testing the wrath of their death, as these people who live to take care of the children, they again make them pass through regrettable experiences. These children suffer a covey, to the extent of missing fall out schooling because no wholeness is willing to pay their school dues.What is more hurting is that correct the little the parents leave for their children, the relatives (uncles and aunties) start share them among themselves in equal ratios. Children are exposed to child labour young girls are forced to draw a bead on in marriages, taken like they are not humans, which make them live unhappy. In your own way, just imagine a situation where you burn pass through a day with nothing for your stomach. This is what the orphan child experiences as most of them take days only getting one meal a day and at times move out with totally nothing to eat.They are expected to work a lot throughout the day, mistreated and at the mop up of the day when time for sharing benefits comes they are considered last. This result into poor performance at school, most of them end up dropping out of school. Others decide to leave home and go to streets thus become street kids whereas some end up losing their lives for they finger no body is there to stand on their side for support, thereof yielding a negative feeling in the life of orphans regretting as to why they were born.
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