Book Review of 1491 by Charles C. Mann Essay

With 1491:New Revelations of the Americas Before Columbus Charles C. Mann has written an extremely interesting and controversial book. Beginning in 1983 Mann began to become aware that research had indicated the commonly held view of the settling of the Americas was wrong. The commonly held and taught belief that the Americas were inhabited by people who crossed the Bering Sea from Europe about 13,000 years ago was wrong. Allegedly these people lived in small, isolated groups that had little impact on the environment. Instead Mann, with considerable documentation and research by scientists, archeologists and geographers supporting this view, argues that the Americas were inhabited thousands of years earlier, existed in far larger numbers, and had been â€Å"successful at imposing their will on the landscape that in 1492 Columbus set foot in a hemisphere thoroughly marked by humankind† (Mann, 1491, 4). Spurred by what he had seen and read and by the fact that his son was being taught the same thing Mann had been taught in high school thirty years earlier, he wrote a book that â€Å"explores what I [he] believes to be the three main foci of the new findings: Indian demography . . . Indian origins . . . and Indian ecology† (Mann, 1491, x-xi). Mann begins his book by discussing the notion of the â€Å"Noble Savage,† a concept that began in the early sixteenth century. This position is the notion that the indigenous people of the Americas lived an idyllic life prior to the arrival of Columbus or were savage barbarians who did nothing constructive. Mann cites Bartolomà © de Las Casas a conquistador who had visited the Americas who believed â€Å"Indians were natural creatures who dwelt, gentle as cows . . . waiting for millennia—for Christian instruction† (Mann, 1491, 12-14). In essence this view is that of a colonist who came to the Americas looking for signs of the Old World. Since the Native Americans apparently did not have as dramatic an impact on the environment subsequent generations viewed the pre-Colombian people as either innocents or as barbarians. Both accounts showed the prejudice that these people lacked â€Å"agency—they were not actors in their own right, but passive recipients of whatever windfalls or disasters happenstance put in their way† (Mann, 1491, 12). It would be interesting to examine the European migration into the Americas from the point of view of the indigenous people. Mann cites studies that have called into question the notion that Native Americans first arrived in the Americas 13,000 years ago over a land bridge in the Bering Straits and slowly migrated drifted south and east until they populated the Americas. In 1987 people who had supported this view publicly admitted that there is clear evidence of human habitation in Chile more than 12,000 years ago. Consequently it is unlikely that natives would have migrated more than 7,000 miles in less than a millennium leaving people in their wake to form new groups of people who would create their own culture. In addition there is evidence suggesting habitation in Chile more than 20,000 years ago. Further exploration has revealed numerous indications of large civilizations throughout Mesoamerica and South America that had existed and ended well before the sixteen century. According to Mann the current view among scholars is that the Western Hemisphere was â€Å"a thriving, stunningly diverse place, a tumult of languages, trade, and culture, a region where tens of millions of people loved and hated and worshipped as people do everywhere† (Mann, 1491, 26-27). According to a 1999 United Nations estimate, the population of the earth in the beginning of the sixteenth century was about 500 million. Estimates by Dobyns and others indicate that by 1630, between 80 and 100 million Native Americans had been killed by a variety of epidemics including small pox, typhus, and influenza. These numbers suggest that nearly one fifth of the world’s population was killed by disease in the one hundred and fifty years after the arrival of Columbus (Mann, 1491, 94-96). According to Mann in 1491 the Inka (or Inca as it is more commonly spelled) was the largest empire on the planet. It was bigger than China, Russia, the Ottoman Empire, and bigger by far than any European state. It extended for more than thirty-two degrees of latitude (the United States has a latitude length of approximately twenty-five degrees of latitude though of course a much wider degree of longitude). The Inka had a goal that was remarkably similar to the Europeans; they want to â€Å"knit the different groups of South America . . . into a single bureaucratic framework under the direct rule of the emperor†(Mann, 1491, 66). They wanted to meld together the people’s religion, economics, and arts. At time they were brutal. They would remove people from their homelands by means of a road system of approximately 25,000 miles, the longest in the world and locate them to live with and work with other people who had also been displaced. They developed a system of accounting that used ropes with knots in a way remarkably similar to the binary mathematics use in today’s computers. Such an extensive and sophisticated government hardly supports the theory of the â€Å"Nobel Savage† living an idyllic life, doing nothing that affected their environment (Mann, 1491, 64-82). Interestingly, among those people who are reluctant to accept such an early arrival of Native Americans are Indian activists who do not wish to push the date of arrival of Native Americans further into the past. Particularly in light of the evidence that supports the notion that large civilizations such as the Incas and Aztecs were not the original inhabitants but had supplanted people that had arrived much earlier. If this were the case, the claim that their land was stolen by European immigrants is considerably weakened since the indigenous people at the time of Columbus were not the first to â€Å"own† the land, just the people who had most recently stolen the lands from the previous populations in the Americas. According to his website Mann is a journalist and writer. He is a correspondent for The Atlantic Monthly, Science, and Wired. He was written for a wide variety of magazines including: The New York Times Magazine, Forbes ASAP, Smithsonian, and The Washington Post. He has co-authored four other books. Mann’s writing tends to focus on â€Å"the intersection of science, technology, and commerce.† He is a three time National Magazine Award finalist and has received numerous awards from the American Bar Association, the American Institute of Physics, the Alfred P. Sloan Foundation, and the Margaret Sanger Foundation. Mann’s credentials indicate that he is a well qualified writer and does careful research. Mann’s writing has a liberal edge to it that often seeks to correct common perceptions about the topics he chooses to write about: in this case the life of Native Americans before the arrival of Columbus. 1491 is a well-written, well-organized book. Mann provides a survey of research since the early 1950s when the â€Å"Noble Savage† theory of Native Americans was first popularized. Although Mann clearly has a position he wants to convey, he provides a fair presentation of other positions and explains why he believes the â€Å"Noble Savage† theory does not account for many discoveries and recent research. He writes in a very readable style without the many subordinate clauses and circumlocutions professional scholars are often given to. A nice feature of the book is the inclusion of maps and pictures located throughout the book instead of placing the maps on the flyleaf and having the pictures grouped together in the middle. Consequently, the impact of the pictures and maps is greater because they are pertinent to the nearby text. Mann provides ample endnotes both citation and explanatory notes that add to the authenticity of the text. The bibliography is comprehensive and lists use of a variety of scholarly journals from such disciplines as anthropology, geography, history and archeology among others. Mann’s writing is convincing. He provides considerable recently discovered information that contradicts the Noble Savage theory. It is apparent that people have lived throughout the Americas for a much longer time than the 13,000 years conventionally taught. Although future research and advanced technology will likely reveal new details and correct other errors, it is clear to that the indigenous people existed in much more sophisticated societies and in much larger numbers that has been believed. Works Cited Mann, Charles C. 1491: New Revelations of the Americas Before Columbus. New York: Alfred A. Knopf, 2005 Mann, Charles C. â€Å"Charles C. Mann.† Charles Mann.org. 16 March 2007 .   

Problem Solving Paper Essay

There are many steps in solving any problem at hand. People think that it is an easy process, unfortunately it’s not. A process was created in aiding in overcoming obstacles that may arise whenever an individual has to solve a problem. Solving any problem requires creativity in finding exactly what the challenge is in order to find a remedy to the problem. Throughout this paper, I will discuss the numerous stages in the creative process and select a personal challenge that I had to deal with throughout my life and venture through the creative process in order to solve the problem. Brainstorming is very important when it comes to solving a problem. By brainstorming it allows an individual to have many remedies to a problem no matter how difficult it may be. A person’s mind must be creative but in order for it to accomplish this there must be a challenge. Looking at chapter 5 of the course textbook I found that there are four stages of the creative process which are searching for challenges, expressing the problem, investigating the problem, and producing ideas. Stage one- searching for challenges: Serving my four years in the United States Marine Corps provided me with a challenge when it came to leading and solving problems quickly. One of my personal challenges that I had to deal with was when I was in Manama, Bahrain. I was a team leader with second fleet antiterrorism security team also known as FAST. We were tasked with having to provide security at the United States embassy. Upon arrival I knew that we were going to be faced with some challenges. I was a squad leader in charge of 25 Marines under me. In the military there is no point in planning because at the end of the day  plans fail and a person must improvise. Five days into providing embassy security my guys under me including myself was getting very sick from going outside into the heat and coming back into the freezing air of the embassy. I quickly had to make a decision on what I had to do to solve the problem fast. I set up a three-day post rotation splitting half my guys located at the outside and the other half located at post inside. I did this so it would minimize the exposure to the temperature changes that we were dealing with. A decision had to be made quickly on what needed to be done because protest was taking place outside the walls of the embassy and there could not be a lack when it came to security. Stage two- expressing the problem: For an individual to express a problem it takes a lot. At times it can be very difficult to point out a problem because of fear of getting into trouble. Bringing the issue up of my guys getting sick to leadership was a bit of a challenge because the Marine Corps do not like weak leaders. Leadership expects professionalism out of the squad leaders and they must depend on squad leaders to make good sound decisions. When I looked at the issue at hand it was a no-brainer I knew I would probably look weak but I was making a smart decision. If I wouldn’t had made a decision to prevent my guys from getting sick there would have been a lapse in security and that was an issue that was unacceptable to me and my leadership. Expressing the problem to my leadership gave me the confidence to go through with the plan and feel like I did the right thing. Stage three- investigating the problem: Looking at the problem I knew that it would be easy to implement the fix but I had to see if it was going to actually work. Now that we knew that going in and out of certain temperatures would make people sick we would know how to set up security positions with personnel that was available. The first three days didn’t go so well but after four days I noticed a dramatic difference in in the welfare of my Marines, including me. When I came to my leadership with the problem at hand and proposed the fix, they told me to really look at the problem and see if my plan would work. Upon investigation I concluded that the problem was fixed even though it took a little sacrificing. Fortunately, at the end of the day there was never a lapse in security and leadership was happy. Stage four- producing ideas: When coming up with a solution to the problem I checked with the leadership to make sure it was okay to implement my plan. Leadership told me not to over think the problem at hand, just come up with a quick fix to the problem considering we were only here for six months. Producing many ideas helped me have a choice of what I wanted to do. For an individual to come up with more than one idea gives an individual a broader choice, which makes solving a problem a whole lot easier. Being a leader is not hard to do; it’s about coming up with ideas, implementing them and leading from the front with integrity. Conclusion: Looking at and implementing each stage of the creative process gave me the opportunity to come up with a solution to the problem at hand. Making the right decision was important for me because it showed my leadership that I could perform under pressure. The creative process made me think of many ideas to the problem and what I had to do to fix the problem. If I would not have used the creative process the issue would not have been resolved. When you ask other people what their opinion is on an idea it shows a willingness to fix a problem at hand. Brainstorming is critical because it helps you come up with a solution and gives the individual many ideas on what they can do to fix the problem. Without the critical thinking process it would be difficult when it comes to solving problems. People depend on other people, but as long as you go through the steps of the creative thinking process anyone can find a fix to any problem that they may face in life. References Ruggiero, V.R. (2009). The Art of Thinking: A guide to critical and creative thought (9th ed.). Retrieved from The University of Phoenix eBook Collection database.

Educational technology Personal Statement Example | Topics and Well Written Essays - 500 words

Educational technology - Personal Statement Example Whether a person achieves a good learning experience or not is determined by the factors that affect the employment or administration of teaching, since educational tools are normally tangible and are readily accessible by students with whom a specific knowledge or training is communicated. At this stage, the widespread technology logically plays the key role in educating people, for the modern age has proven to have used and modified technology in almost everything that drives our living. Having obtained an academic background in clinical nutrition, I have realized how important health is for people to be able to execute tasks effectively, as well as for them to live life to the full measure. Helping people become better in terms of proceeding with personal growth and aspirations despite all the risks constitutes my passion. Equivalently, I suppose that this goal even extends to concerns with education and technology, much as it applies well through nutrition and health. I believe that every individual has the right to proper education which is conducted with appropriate materials, instructions, and especially technological resources everyone must gain access to, so that learning comes with ease and may be sought to enhance the studying capacity of each learner. In meeting this objective, hence, educational technology may be claimed highly necessary for students to figure different areas of improvement once they can afford to incorporate technology in the realm of ed ucation. Educational technology, alternatively known as e-learning, instructional technology, or learning technology, pertains to the use of technology to aid learning with sufficient input, and an academic institution bearing a competency-based curriculum can undoubtedly support students who aim to pursue career with educational technology. My desire to continue such studies with Concordia University

Evaluating accounting control systems Essay Example | Topics and Well Written Essays - 1000 words

Evaluating accounting control systems - Essay Example The meaning of internal control has changed over the recent years with the development of various internal control models. The COCO model is one of those models. Stone Creek Church in Urbana, Illinois has adopted the COCO framework model for their Internal accounting control system. The Coco model, which builds on COSO (another internal account control model) is the most user-friendly and concrete method. â€Å"The COSO framework is the reference model, which is written from the point of view that basically it makes the organizational member of the internal control be thorough who includes the manager from the standpoint of the shareholder† (COSO Framework Para 10).   Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  The COSO framework describes internal control as a procedure, influenced by an entity’s management, board of directors and other workers, which is planned to provide reasonable assurance concerning the attainment of objectives. As stated the earlier Stone Creek Church in Urbana, Illin ois has used the COCO framework model. The Stone Creek Church in Urbana always has to in excess of two persons to handle the cash. The money is never in one person’s situation anytime for protection. ... And it protects the person and the structure. The Stone Creek Church in Urbana provides cash dispersement process. It means payment or Cash outflow of money to resolve commitments for instance interest payments for loans, operating expenses and accounts receivables throughout a particular period so as to carry out business actions. Usually in the form of plastic money, cash, check, Electronic fund transfers and warrants. CoCo model distinguishes four interconnected elements of internal control such as containing purpose, commitment, capability and learning and monitoring. An industry that performs a task is directed by an understanding of the function of the task and supported by ability. To execute the task well over time, the industry wants a sense of commitment. At last, the industry has to monitor task performance to develop the task process. These fundamentals of control, which contain twenty particular control criteria, are seen as the steps an industry takes to promote the rig ht action. As mentioned earlier Stone Creek Church in Urbana, Illinois has adopted the COCO framework model. The task was to evaluate the accounting control systems of Stone Creek Church in Urbana, Illinois on the basis of the interview of the Stone Creek manager and the attached notes on COCO framework. The Coco framework states that the organizations should be able to measure their performance in quantitative terms and should use budgets and financial statements to evaluate their performance. The Coco framework also advocates the use of qualitative measures such as target setting in order to assist the performance of a firm. In the Stone Creek Church case no quantitative measures like the setting up of budgets has been done as well as no qualitative measures like

Women in Ancient Society Research Paper Example | Topics and Well Written Essays - 2000 words

Women in Ancient Society - Research Paper Example It is true that the Byzantine era was characterized by today’s stereotypical understanding of women’s depressed position in ancient societies at least among the lower classes.   The church played a powerful role in subjugating women, often introducing legal stipulations which limited the actions of women as a means of preventing defilement and impurity, but couldn’t refuse the generosity and donations of the wealthy (Viscuso, 2005: 317).   Thus, women belonging to the aristocracy did not necessarily fall under this distinction or suffer this fate.   According to Grubbs, â€Å"The law determined, according to status, the sexual relationships and roles open to a woman, and the amount of protection from violence or exploitation she could expect† (2001: 221).   Through marriage, aristocratic women were able to gain status by acquiring a legal share in the power wielded by their husbands.   In some cases, these women were even able to wield power dire ctly having been given her husband’s authority.   By using marriage as a tool and with the protection of the law as it applied to women of a particular social status, women of this period were able to siphon off a large amount of the power normally enjoyed by men.   Evidence can also be found by tracing the patronage of various pieces of religious artwork and in the artwork of the state. The Virgin Mary is, of course, one of the major symbols of the Christian faith, but there is an underlying message behind her figure that has often spoken to women and provided them with an example.  

Tort law Essay Example | Topics and Well Written Essays - 1750 words - 1

Tort law - Essay Example Whether the Newns department store is liable under the provisions of Occupiers liability Act for the losses suffered by Joanna and Edith. Whether Edith and Cindy are eligible for damages in respect of the nervous shock suffered by them. As such, the issues to be addressed are; first, whether Newns department store is liable for the nervous shock suffered by Edith, due to the charging reindeer. Second, whether this store is liable for the nervous shock suffered by Roland. Third, whether this store is liable for the nervous shock caused to Cindy and Joanna. Edith The Newns department store introduced a real reindeer, in its Santa grotto. This reindeer was aggravated by Paul, which caused it to charge. This resulted in nervous shock to Edith, an elderly patient on a pacemaker, who presumed that the animal was charging at her. Secondary victims have to satisfy certain conditions, in order to succeed in a claim. These are the nature of the relationship between the claimant and the primary victim; the physical proximity of the claimant to the accident; the means of receipt of information by the claimant; and the manner of occurrence of the psychiatric illness.2 In Alcock, some people were killed in the Hillsborough football stadium disaster. The relatives of those who had been killed sought compensation from the police, for psychiatric injury. It was the contention of these claimants that their psychiatric injury was due to the negligence of the police officers. It was maintained by them that the police had failed to manage the crowds. In this case, the police accepted their negligence. The court in McLoughlin v Brian established the limits of emotional ties, physical proximity to the accident site, and the means by which the psychiatric injury had been caused.3 In the Alcock case, the court elaborated upon physical proximity to the accident. It stated that the person who was subjected to the traumatic event was the primary victim. The person who had not been physica lly injured, and was merely a witness to the event, constituted a secondary victim.4 According to the above discussion and case law, the Newns department store cannot evade liability on the basis of the caution notice displayed by it. In addition, it should have foreseen that there was the possibility of some child or customer infuriating the reindeer, and causing the latter to charge. Although, Edith underwent nervous shock, she was a disabled person. Moreover, she survives on a pacemaker. Furthermore, Edith is a secondary victim, who does not satisfy the additional criteria stipulated in Alcock. In addition, no physical injury or accident had transpired. Consequently, Edith is ineligible for a claim under nervous shock. All the same, she can claim damages under the provisions of Occupiers Liability Act 1984 for the pain suffered by her, due to the negligence of the Newns department store. Joanna Thereafter, a 4 year old, Joanna was separated from her mother Cindy, in this departme nt store, and she entered a washing machine, considering it a convenient place to hide and play in. A negligent sales assistant switched this machine on, and Joanna was severely injured. She was rescued by an off duty policeman Roland, who underwent nervous

While conceptually sound, the practical realities are such that Essay

While conceptually sound, the practical realities are such that ecotourism remains a fundamentally flawed product. Discuss - Essay Example s a means of novelty to satisfy the hunger of hunger of the tourists with a view to growing awareness of the drastic environmental changes caused by global warming. But if the concept of ecotourism is compared with the ecotourism in reality, it appears, to a great extent, to be the manipulation of the consumerism of the industrial society to trap the foreign currency at home and abroad. Indeed it was initiated with the increasing concern about the negative impacts of tourism on the environment and ecology. But in order to mitigate the pressure of the scholars and the environmentalists regarding the harmful impacts of tourism on the environment, the concept of tourism ironically includes its ecological apparel that is supposed to grow the awareness of the tourists about the environmental change. Since then the concept of ecotourism is facing the dilemma of its true outline in reality, as in this regard Anja Touhino and Anne Hynoenen (2001: 1) say, â€Å"The tourism industry still feels that these definitions are unclear and that they confuse both consumers and tourism entrepreneurs. Terms related to ecotourism are often used without adequate definition and thus cause confusion, even in research† (Touhino & Hynoenen, 2001: 1). Various scholars have defined tourism in different ways. But all these definitions are stitched together with a common thread that appears to be approach of these definitions to nature and environment. The concept of ecotourism evolved in order to mitigate the negative impact mass tourism on Environment. Therefore the evolution of the concept of ecotourism is closely related to the definition of mass tourism and tourism in general. In this regard Fennel (2003: 30) says, â€Å"Ecotourism has grown as a consequence of the dissatisfaction with conventional forms of tourism†. For Fennell (2003: 16), â€Å"ecotourism is distinct from mass tourism and various other forms of AT [alternative tourism]†. In the beginning the most accepted definitions of

Fashion of America in the 1906's Essay Example | Topics and Well Written Essays - 750 words

Fashion of America in the 1906's - Essay Example The essay "Fashion of America in the 1906's" talks about the fashion and trends in America during 1906. This inspired me to study the fashion events for understanding trends and comparing the old trends with the new ones. American first fashion design program was founded in the 1906. Persons established the Seventh Avenue of New York City as the home of American fashion. Seventh Avenue is respected being the first fashion-designing centre in New York. Parsons offers a bachelor degree in fine arts, fashion designing, and fashion marketing. Seventh Avenue is playing its role as an international fashion centre to educate the American youth on fashion aspects. Many artists appeared on the art horizon in the early 20th century with some exceptional work in the field. That period of the century is also known as the period of making and breaking. Eakins, Winslow home and Charles Russell displayed talent in painting and landscaping. Alfred showed mastery and soon became the famous photograph er of America. Newspaper changed from two columns to four-column tabloid style paper in the first decade of the 20th century. Newspaper â€Å"the Christian science monitor’ was found in 1908 in America. Fiction stories gained fame in women as women go the material of their interest in fiction books. Mary Jonson’s â€Å"to have and to hold† and â€Å"the Virginian† are the masterpieces that still entertain the people in America and outer world. These books and newspapers have gone through continuous updating with the passage of time. and are still liked by many Americans (Druesedow & Mitchell 34). The decade brought progressive education in all the fields of fashion life of American people. After the persons, other educational schools were opened for girls in 1900s (Thomas 2011). Men fashion also started getting touch of romance at the start of new century. Men in America used to wear long trousers with half sleeve shirts. Youths were crazy of motoring in smart dress. Use of goggles and hats increased amongst the youngsters especially for motoring and biking (Wilcox 48). Broad shoulder dressing was commonly used in 1906s. Cotton knit lightweight shirts got fame as beach and sportswear. Smart and slim women wore straight corset with long hips in order to give a small look to their waist. Automobile advancement also had long lasting effects on dressing of the people in 1906s. Women started wearing smaller skirts as for ease of travelling in the new model automobiles (Scheips 129). Hobble skirts were particularly used for walking and jogging. High button shoe that we still see some Hollywood stars wearing them, were first introduced in the first decade of the century (Thomas 2011). Americans adopted bobbed hairstyle after its first appearance in 1908. Hats got a lot of fame in 1906s and both the genders used hats extensively in the normal life. Different designs of hats were introduced catering for modern dressing. Large and small hats of different cloth and colour were very famous in 1900s (Wilcox 52). Advancement of technology brought about many changes in human life in that decade. Teddy Bear became a famous cartoon and his fashion spread fast in 1905. Job opportunities for railway, ships and different business opportunities changed the human lifestyle in that part of the world (Hall 58). Wright brothers made first human journey in 1903. This was a remarkable achievement of human mind in field of aviation. Cadillac and Ford introduced cheap cars for common Americans in the same decade (Scheips 125). Sunday

An Assessment of Effectiveness of Dell's Organization Culture and Essay

An Assessment of Effectiveness of Dell's Organization Culture and Change - Essay Example Nevertheless, the concept of effectiveness should apply to all stakeholders in an organisation. This ensures harmony in all its operations, which has the end result of high performance. The current study examines the effectiveness exhibited by the dell management, in relation to how it has been able to effectively build an organisation culture, which pushed it up to its success. Background of the study In the past few decades, many organisations have changed their ways of doing business. This has been as a result of high competition. In particular, organisation culture and change has been one of the ways through which organizations have sought to focus on to maintain completive advantage (Harold 2009). In this regard, it is apparent that organisations have to analyse the best management practices through strategic plans that are aligned with organisation’s objectives, mission and vision statements (Hill & Jones 2008). These practices become a culture that an organisation shoul d endorse and cling on in order to achieve its objectives (Dyck and Neubert 2010). However, due to increased and the emergence of new technologies, any organisation that needs to survive in highly competitive market has to embrace such technologies (Marr 2010). This means that organisations should also create a culture of adopting innovations that are in line with their objectives (Daft and Lane 2010). Analysis of output control: a concept of organization culture In order to have a spectrum of what organisation culture and change entails, it is crucial to first understand what organisation culture is. This is an internal environment that establishes a personality for the organisation, which plays a part in influencing the behavior of its members (Flamholtz and Randle 2011). These could be summed up to mean core values and fundamental beliefs or an organisation. Studies have documented that an organisation with a strong culture, members act with shared understandings and commitment t o core values. Key elements of organisational culture involve innovation and risk taking, concern for people, team building and emphasis, and performance orientation (Phaditare 2011). With such deliberations, the focus of this paper will be on the case study on Dell Computers, which according to Bhattacharyya 2010, is argued to have been â€Å"able to achieve excellence by giving due emphasis on creating a positive work culture through pro-active human resource management practices† (18). In this regard, this paper aims at articulating on ways through which Dell’s organisational culture has enabled it achieve excellence. In order to have an efficient organization culture, an organization has to have efficient managers and the overall organizational structure. Dell’s organization structure is believed to forecast suitable performance in relation to its goals. For example, Dell’s reward system is linked to its goals, which help to motivate employees in orde r to improve performance. Nevertheless, Dell has created a culture of directions on each division on how to achieve its goals. Dell’s CEO Michael Dell, is argued to have tried to decentralize the authority to low-level employees. This has been an effective strategy that has facilitated company-customer relationship thus creating a customer service culture. Study objectives 1. To find out Dell’s elements of organ

People, Organizations and Management Essay Example | Topics and Well Written Essays - 1500 words

People, Organizations and Management - Essay Example The organization structure depicted narrowed perspectives due to the separateness of the different divisions. Horizontally it was separated in to divisions the two main ones being electronics and sales. Managers must have had difficulties and used a lot of time to relate to sales for instance which is an exclusively different division from product development. Consequently the reactions of the company in response to consumer demands were made more challenging. The organization structure was professional bureaucratic. In addition internal cooperation and effective communication may have been an issue. Oticon’s basic organizational design and structure differs from hotel easy due to its larger size and hence structural concepts likely to be more formal, decisions more central, experience more specialized and operations more complex. Initially, the organization vertically had a tall hierarchy with six levels of management. Easier communication and Decisions made are impeded since these processes become very slow in a company with many layers of hierarchy. The authority is mostly centralized and there was a lot of formalization. This structure does not expose the managers to other fields apart from their own. The managers have not the opportunity to observe how the all the departments interact and collectively perform. Previously option’s executives did not understand the interrelationships and the interdependence between the departments and hence ultimately what results is that the executives are only equipped with experiences in handling top management responsibilities hence the company’s goals and market needs do not mingle as they should. However the structure’s advantages are that it had well defined channels of authority and the structure minimized duplication of personnel and equipment than the one he later adopted. Functional structure makes it easier to monitor. The new C.E.O attempted to change this initial structure to

Hounds of Baskerville - Main Events Essay Example for Free

Hounds of Baskerville Main Events Essay Sir Charles Baskerville is found dead in the alley near his home, Baskerville Hall. Sherlock Holmes and Dr. John Watson are asked by a family friend to investigate furthur. * Sir Henry, the new heir to the family inheritance, arrives from Canada to move into Baskerville Hall. However, strange things start happening. He receives a letter telling him to keep away from the moor and two of his boots go missing (a new black one, and an old brown one). They also discover that a mysterious bearded man has been following them in a cab. Watson is asked to travel with Sir Henry to Baskerville Hall for protection. as Holmes cannot accompany him himself at the moment. * Watson meets the Barrymores and Mr. Stapleton near the Grimpen Mire, and learns about a dangerous prisoner (Seldon) that has escaped from Princetown and is currently hiding in the area. Miss Stapleton, Mr. Stapleton’s sister, mistakens Watson for Sir Henry and warns him to go back to London. * Sir Henry falls in love with Miss Stapleton and proposes marriage. Her brother reacts furiously and rudely. Watson later discovers that Miss Stapleton is actually Mr. Stapleton’s wife! * Watson finds out that the escaped criminal is Mrs Barrymore’s brother. * Barrymore reveals that on the night of his death, Sir Charles was going to meet Laura Lyons, in order to help her start a buisness. Laura Lyon explains that she never got to meet Sir Charles. * Watson inspects the huts around the moor and runs into Holmes, who has been investigating undercover. The two of them find Selden’s dead body, dressed in Sir Henry’s clothes. * While dining, Holmes observes that the face/painting of Sir Hugo Baskerville is extremely similar to the face of someone else. Realizing the cuplrit behind all this mayhem, Holmes comes up with a plan. * The group waits outside of the culprit’s home. Sir Henry (unknowingly dining with the culprit) is attacked by a huge hound. Luckily, the hound is shot down, but the culprit is no where to be seen. They look for him the next day, unsuccessfully, as they find him dead.

Dead Trees and the Dead Wood Cycle

Dead Trees and the Dead Wood Cycle Introduction A common misconception about forest would be that a â€Å"healthy forest† should have only have trees that are alive or growing. This â€Å"healthy† forest should be rid of dead trees as they would cause harm to the forest and/or perhaps spread disease of sorts. This misunderstanding originated from our lack of understanding of forests and trees. Dead trees play a crucial role in sustaining biodiversity within forests. They provide the forest with nutrients, a habitat for forest animals, rivers, soil, along with many other benefits covered in this paper. To highlight all the importance’s of dead or decaying trees this report will be broken down to sections After defining exactly what constitutes as a dead trees, we will go in depth into the dead wood cycle. Following that will go into analyzing the benefits of dead trees that include and but not limited to[1]; Hold moisture for the soil throughout arid seasons. Provide a location for necessary bacteria to survive Provide a home for small mammal dens and bird nests; Improving the soil by accumulation of organic matter. Offer a seed bed for redeveloping trees. scavenging spot for several insectivorous animals such as woodpeckers; food, protection, shelter, cover, and suitable climate for thousands of tiny organisms Then role of dead wood in the ecosystem and finally we will conclude the report by stating important facts about the significant biodiversity found because of deadwood. Definition of dead trees and decaying trees Common sense would provide that dead or decaying trees are those trees that are no longer alive. However this is more of a definition of the different kinds of dead tress you could potentially encounter in a forest. We will analyze each kind and separate them from the others Coarse Woody Debris Coarse woody debrisis used to describe fallen deadtrees orthe leftovers of bulkybranches left either in the forest or in the rivers. There is a minimum size required for woody debris to be defined as coarse, which is around 20cm in diameter. This also includes dead or decaying stumps[2]. Coarse woody debris are caused by ordinary tree death,illness, andbugs, as well as disastrous events such aswildfires,tornados, hurricaneand floods[3]. Old forests still contain dead trees and woodland remnants are still where they had fallen. These are recycled to nourish fresh vegetation and establishes the perfect woodland in relations of reprocessing and the renewal of fallen trees. As a matter of fact almost 30% of all biomass contained in a forest are from dead trees[4]. Large Woody Debris Sticks, logs, and branches all are considered large woody debris. Wood that fall into streams and rivers are also believed to be large woody debris. This debris can affect how the water flows in and how strong or weak the channel is. This flow affects how much erosion goes on and thus affects how rivers and other water channels are shaped[5]. Large woody debris are important for all its effects on forest management as well as channel streams. The debris is one of the most important factors in the formation of pools and ponds[5]. As these pools and ponds are formed animals, such as salmon, frogs, and other small fishes. Large woody debris is an important source of biodiversity because if these ponds and or pools were not created a lot of these animals would be washed away. The frogs and other animals that nourish off these fish would lose a feeding ground. The measure of scrubbing and erosion is determined by the relation of the span of the wood, to the deepness of the watercourse, and how deep the piece is dug in[6]. Snags Snags could be defined as coarse woody debris, however they operate in a slightly different way and can be identified in different ways. Snags costs of either standing, dead, or dying trees. Whereas coarse woody debris is usually fallen debris, snags are still standing. Both can, however, refer to dead or decaying trees/debris. Snags are also often missing their tops or most, if not all, of their branches[7]. Dead wood cycling Dead wood cycling is the procedure of when the components of wood, enter the forest ecosystem through death, followed by decomposition and then reuse. Many components and functions of the forest are affected during the changes in trees. These changes are the most important physical features of forest.[8 ]Most forest ecosystems in general contain a large amounts of organic matter within the dead wood. It is reported that 17% of all ecosystem organic matter was found within coarse woody debris and snags at costal ecosystems[8]. The cycle begins with the death of the stem. Usually the death is slow, however in special cases such as lightning strikes, floods, hurricanes or other storms the death is immediate. The larger the tree the longer their period to die. Snags usually take a long time to be utilized by other living trees. A lot of factors contribute to this including, rooting, moisture, nutrients, slop of the ground, how the tree died and the species of trees. All of these factors also affect how long the snag, coarse woody debris, or large woody debris[9]. The utilization of dead snags differs dependent on provincial and geographical ecological conditions. Forests that are troubled by procedures other than lumber jacking, the trees ultimately become dead wood. However the trees that die and continue to stand upright end up becoming part of the snag component of the forest. More lush sites usually have superior snags. Snag thickness reduces and useful life increases with the snag size[9]. Coarse woody debris work differently. After the tree dies it enters the ecosystem either directly through a fall. This could be the death from a fall of living trees or through tree death and the eventual fall of upright dead branches. The biomass and ecologically sustainability of the coarse woody debris also depends on the species of trees. For example coniferous (cone bearing trees) ecosystems hold more bio mass than coniferous ecosystems (used up parts that proceed to fall off.) Biomass is coarse woody debris is also effected by how moist it is. The more moisture there is the more it is able to sustain other organism increasing biodiversity. There is more biomass existent on older trees that younger ones. This is usually due to the nutrients and the size of older trees[10]. Benefits There are a lot of benefits created but all forms of dead trees. Most of the benefits overlap however this report will separate some of the distinct benefits created by each individual type of dead tree. To make this part as thorough as possible, some benefits will also be separated to each respective function and cause. Coarse woody debris The benefits of coarse woody debris are huge. They are one the most important factors in sustaining biodiversity in the forest. Usually there is an accumulation of long-term organic matter, which is contributed by how well decayed the wood is. The size also adds to the accumulation of organic matter and that results in decayed wood that has high in carbon constituents. The soil and ability to carry moisture greatly improved by the carbon[11]. To ensure biodivesity, the protection of productive potential in forest soil should be maintaned. This would ensure a contiuous supply of organic materials that live off the moisture in the debris[11]. Fungus Root tip association There is a special relationship is between ectomycorrhizal activity ( a symbiotic relationship) and coarse woody debris. This fungi is key for the healthy growth of conifer trees and needs moisture to survive during dry periods. The moisture is provided during the state of decay of wood[11]. During the summer months, the moisture contents found in coarse woody debris was around 250% of the dry weight. All this moisture store was then used for dry spells throughout the year to ensure refugia and ectomycorrhizal fungi. The larger the piece, the more moisture would be stored. This does not completely replace the moisture and nutrition needs, but if there is enough wood, it would be a significant source of moisture[12]. Fixation of nitrogen in forests due to coarse woody material Forests growth, specifically in boreal forests, is limited to the amount of nitrogen available in the air and usually is limited in forests. The general theory behind the limit is the slow mineralization of organic soil nitrogen. However since nitrogen is such an important part of forest growth it is crucial to ensure that there is enough nitrogen in the air for the flora[13]. There are 4 sources of nitrogen in the forest[12]: Nitrogen fixing bacteria that reside in roots (also called associative nitrogen fixation) Nitrogen fixing bacteria that occur in soil and plants ( called non symbiotic nitrogen fixation) Nitrogen collected from lightning, dust, pollen, and other air pollutants. Nitrogen fixation from roots from certain species (red alder) The most efficient source is nitrogen fixation from species such as the red alder. Unfortunately, after many years of fire suppression, only some forests contain such species[14]. These forests then rely mostly on non-symbiotic sources of nitrogen, which occur from bacteria found on coarse woody debris. The debris allows bacteria to live due to the heavy moisture contained within the wood, and is an important contributor to nitrogen. There is also a relationship between fungus and nitrogen fixing algae. The algae are self-sustaining however the fungi provide a very firm home for the algae. This fungus survives during the dry sells due to the moisture found on the coarse woody debris 1 [1] Stevens, Victoria. 1997. The ecological role of coarse woody debris: an overview of the Ecological importance of CWD in B.C. forests. Res. Br., B.C. Min. For., Victoria, B.C. Work. Pap. 30/1997. [2] Stevens, Victoria. 1997. The ecological role of coarse woody debris: an overview of the Ecological importance of CWD in B.C. forests. Res. Br., B.C. Min. For., Victoria, B.C. Work. Pap. 30/1997. [3] Keddy, P.A. and C.G. Drummond. 1996. Ecological properties for the evaluation, management, and restoration of temperate deciduous forest ecosystems. Ecological Applications 6: [4] Stevens, Victoria. 1997. The ecological role of coarse woody debris: an overview of the Ecological importance of CWD in B.C. forests. Res. Br., B.C. Min. For., Victoria, B.C. Work. Pap. 30/1997. [5] Curran, Janet H. Flow Resistance of Large Woody Debris in Headwater Streams of the Washington Cascades Abstracts with Programs Geological Society of America [5] [6] Curran, Janet H. Flow Resistance of Large Woody Debris in Headwater Streams of the Washington Cascades Abstracts with Programs Geological Society of America [7] Ferguson, H.L., Robinette, K., and K. Stenberg. 2001.Wildlife of Urban Habitats – Urban Parks, Golf Courses, Cemeteries, and Open Space.Pp. 334-335 in: Johnson, D.H. and T.A. O’Neil, managing directors, Wildlife-Habitat Relationships in Oregon and Washington. Oregon State University Press. [8 ]8 Lofroth, Eric (1998),The dead wood cycle, in Voller, J.; Harrison, S.,Conservation biology principles for forested landscapes, Vancouver, B.C.: UBC Press, pp.185–214 [8] [9] Stevens, Victoria. 1997. The ecological role of coarse woody debris: an overview of the Ecological importance of CWD in B.C. forests. Res. Br., B.C. Min. For., Victoria, B.C. Work. Pap. 30/1997. [9] Stevens, Victoria. 1997. The ecological role of coarse woody debris: an overview of the Ecological importance of CWD in B.C. forests. Res. Br., B.C. Min. For., Victoria, B.C. Work. Pap. 30/1997. [10] Lofroth, Eric (1998),The dead wood cycle, in Voller, J.; Harrison, S.,Conservation biology principles for forested landscapes, Vancouver, B.C.: UBC Press, pp.185–214 [11] [11] Stevens, Victoria. 1997. The ecological role of coarse woody debris: an overview of the Ecological importance of CWD in B.C. forests. Res. Br., B.C. Min. For., Victoria, B.C. Work. Pap. 30/1997 [11] [12] Stevens, Victoria. 1997. The ecological role of coarse woody debris: an overview of the Ecological importance of CWD in B.C. forests. Res. Br., B.C. Min. For., Victoria, B.C. Work. Pap. 30/1997 [13] Roger T. Koide,Christopher Fernandez,Glenna Malcolm,Determining place and process: functional traits of ectomycorrhizal fungi that affect both community structure and ecosystem function,New Phytologist,2014,201,2 [12] [14] Stevens, Victoria. 1997. The ecological role of coarse woody debris: an overview of the Ecological importance of CWD in B.C. forests. Res. Br., B.C. Min. For., Victoria, B.C. Work. Pap. 30/1997

HND in Business Management

HND in Business Management HND in Business Management 1) MAIN PRINCIPLES THAT AFFECT THE LEGAL RELATIONSHIP BETWEEN BUSINESS ORGANIZATIONS AND THEIR CONSUMERS:- The primary way to meet consumers growing information is to build and achieve consumer confidence and responsibility. The public relations profession should consider the whole system of EC directives and regulations covering consumer relations. One of the main issue concerning is health and safety information and consumer representation. Right balanced should be built between the interest of the consumers and suppliers. For Consumer protection and information policy, five basic rights were established in 1975 by Council of Ministers. 1. The right to protection of health and safety, because goods and services must not present a risk under normal condition of use. 2. The right to protection of economic interest, because the purchaser must be protected against abusive practice of the seller such as misleading advertising, unfair contract clauses, etc. 3. The right to redress, because consumers should be advised and helped in the case of unsatisfactory products and services and swift redress for any damages suffered. 4. The right of information and education, because consumers should be in position to make a choice based on full information. 5. The right of representation, because consumer organizations should be consulted on all proposed legislation affecting consumer interest. Many community directive and regulations have adopted general measures and included into legislation such as: Foodstuff: Lists of items and clear fact have been drawn up for preservatives used in foodstuffs; manufacture and trade description of many food products are also considered. Presentation and labeling: Specify rules to be signify on the packaging, such as quality of ingredients, food relating to diet, showing the amount of calories it produce with other nutritional information labeled. Misleading advertising: If a consumer experience that he or she has been misled by an advertising claim or presentation, legal action against the manufacturer is possible. Product liability: Regulation also states that manufacturers are responsible for any damage their products may cause to the consumer. The burden of proof will lie with the producer. Medicinal products: standardized terms on testing, evaluation, authorization, labeling and patent rights have been determined. Door steps sales: purchasers have a week cooling off period in the case of contracts negotiated away from the salesmens business premises; the salesman is required to inform the consumer in writing of above right of cancellation. Information system: If authority is determine that a product has or could cause damage to health and is restricting its sale; all will be informed so appropriate action can be taken. Other regulation cover issues, such as; package tours, rights of air travelers, safety of toys, consumer credit. Therefore, a standardized level of protection of consumer rights has been established and at the same time many trade barrier have been abolished through standards and regulations. EXAMPLES:- In 1981 Council of Ministers implemented a consumer programme to cover the period until 1986. This pressurizes the importance of the price and quality ratio to consumers and tackled the problems of the services sector. Special meeting of Ministers was held, to discuss the consumer policy, in 1983. GENERAL PROFESSIONAL CONDUCT: 1. Consumer relations specialist must acknowledge the basic consumer rights to information, to audience, to freedom of choice and to safety. 2. Consumer relations specialist must show intellectual reliability, loyalty and honesty towards their company and consumers. The specialist must not use, which to their knowledge, is false or misleading. The specialist must avoid the use of unsuitable practices and methods with the intellectual reliability, loyalty and honesty. (Clause 3 CERP Code of Conduct). 3. Consumer relations programmes must be carried out openly: they must be readily identifiable, bear a clear indication of their origin and must not be handled to mislead third parties. (Clause 4 CERP Code of Conduct) 4. Consumer relations specialist must not reveal any confidential information received from their clients or employees and make no use of such information without authorization. (Clause 7 CERP Code of Conduct) 5. Considering that a consumer is an individual or a group offered or sold products or services for their own satisfaction, a consumer relations specialist must grant to the same individual or group all after sales services that they may require. 6. A constant concern on the part of the consumer relations specialist with consumer rights to information and moreover the duty to provide information within the limits of professional confidence must be considered as a basic responsibility. (Clause 14 CERP Code of Conduct) 7. Information must be given clearly making sure of the consumers education and cultural background and their knowledge on products and service and so forth. 8. Consumers pay no cost for the implementation of consumer relations programme. 9. Consumers information cannot be used for any market research, promotion or direct marketing without the authority of the consumer. 10. If the use of a product or a service requires proper warnings, it is the duty of consumer relations specialist to disclose it openly. 11. Any attempt to deceive consumer opinion or its representatives is forbidden. (Clause 15 CERP Code of Conduct) 12. No payment or gift shall be offered or given to any person having an interest in a Consumer group or Association for the purpose of influencing any act or decision of such group or association. 1 2 15 2)LEGAL RULES APPLICABLE TO CONSUMER CREDIT AGREEMENTS AND AGENCY: Credit Bureaus are private enterprises or are operated on a cooperative basis by the merchants. Users of the service pay a fee and receive information from different sources a.) If a credit agreement is signed and consumer wants to cancel it. It can only be done if the consumer signed the agreement in his own home. If the agreement was dealt over the phone or at the sellers shop or office, the consumer will not be able to cancel the agreement b.) Seller will have to send a written notice telling consumer on how to cancel the agreement. Consumer then must send a notice to the address given on the notice. Consumer will be entitled to the return of any deposit paid or goods traded in part exchange if you cancel the agreement in time. c.) A creditor, cannot demand early payment, try to get the goods back or end the agreement without first serving a written notice on you giving you 7 days notice of their intention to take such action. d.) If the consumer have paid a third of the total price of the goods under HP agreement then the creditor cannot take the goods back without a court order. Consumer can ask the court to suspend the Return Order and accept your offer to pay the rest of amount by installments. e.) If creditor takes back the goods without the court order, consumer can sue the creditor and claim back all the money they paid under the agreement. The creditor cannot enter your premises to retrieve the goods without your permission. f.) If consumer finds an agreement unfair then the consumer can appeal to the court and ask them to amend the agreement or place a new one. The court will only do this if the agreement is unreasonable or corrupt. g.) A seller can be the person who grants consumer credit or they may arrange for consumer to get credit from a 3rd party or that 3rd party may arrange to supply the goods to consumer. Consumer protection is that consumer can choose who to sue. h.) Consumer can either sue the seller or the provider of the credit or both. This helps consumer because if the seller goes bust consumer can try and get their money from the credit provider instead i.) Consumer must be given certain written information about the credit agreement which must include; †¢ The total charge for credit. †¢ The Annual Percentage Rate (APR). †¢ The cash price for the goods. EXAMPLE:- A Nigerian letter fraud, in which a letter is mailed form Nigeria, offers the recipient the opportunity to share in a percentage of millions of dollars that the author, a self-proclaimed government official, is trying to transfer illegally out of Nigeria. The recipient is encouraged to send information to the author, such as bank name and account numbers and other information. Some of the letters has been received via E-mail through the Internet. The scheme relies on convincing a willing victim to send money to the author of the letter in Nigeria in several installments. Some Tips to Avoid Nigerian Letter or 419 Fraud: Þ If you receive a letter from Nigeria asking you to send personal or banking information, do not reply in any manner. Send the letter to the U.S. Secret Service, your local FBI office, or the U.S. Postal Inspection Service. Þ If you know someone who is corresponding in one of these schemes, encourage that person to contact the FBI or the U.S. Secret Service as soon as possible. Þ Be careful of individuals representing themselves as Nigerian or foreign government officials asking for your help in placing large sums of money in overseas bank accounts. Þ Do not believe the promise of large sums of money for your cooperation. Þ Guard your account information carefully. 2 3 4 5 15 3) LEGAL RULES RELATING TO MONOPOLIES, MERGERS AND ANTICOMPETETIVE PRACTICES USING ‘MICROSOFTS BIG PATENT VERDICT OVERTURNED CASE IN 2009:  § 2 is not violated only by having a monopoly.  § 2 is violated by a firm only when it acquires or maintains, or attempt to do so by engaging in â€Å"exclusionary conduct† which is different from growth or development as a result of engaging in a superior product, business expertise, or other historical event. After conceding that Microsoft had monopoly powers, the District court came to the conclusion that Microsoft had violated  § 2 by engaging in a number of â€Å"exclusionary acts†, with a view to preventing the distribution and use of similar products which might threaten their own monopoly. The District Court held Microsoft liable for: (1) The way in which it integrated IE into Windows. (2) Its various dealings with Original Equipment Manufacturers (OEMs), Internet Access Providers (IAPs), Internet Content Providers (ICPs), Independent Software Vendors (ISVs), and Apple Computer. (3) Its efforts to contain and to subvert Java technologies; and (4) Its course of conduct as a whole. Upon appeal, Microsoft argues that it did not engage in any exclusionary conduct. It is not easy to make out whether an act is â€Å"exclusionary† or a result of vigorous competition because there are many numbers of reasons for illegal exclusion. An antitrust court is faced with the challenge to lay down principles to distinguish â€Å"exclusionary acts† which may have the effect of reducing social welfare, and competitive acts, which may increase it. From a century of case law on monopolization under  § 2, however, several principles do emerge. First, to be condemned as exclusionary, a monopolists act must have an anticompetitive effect. That is, it must harm the competitive process and thereby harm consumers. In contrast, harm to one or more competitors will not suffice. Second, the plaintiff, on whom the burden of proof of course rests. Third, if a plaintiff successfully establishes a prima facie case under  § 2 by demonstrating anticompetitive effect, then the monopolist may proffer a precompetitive justification for its conduct. Fourth, if the monopolists precompetitive justification stands unrequited, then the plaintiff must demonstrate that the anticompetitive harm of the conduct outweighs the pro- competitive benefit. As the Fifth Circuit more recently explained, [i]t is clear that the analysis under section 2 is similar to that under section 1 regardless whether the rule of reason label is applied. Finally, in conclusion, while trying to determine whether the monopolists has harmed competition and has therefore committed an act of â€Å"exclusionary† purpose of  § 2, our focus should be on the effect of that conduct and not on the motive behind it. Evidence of the monopolists motive is relevant to understand the likely effect of the monopolists conduct. 6 7 8 9 10 4) KEY PROVISIONS RELATING TO INTELLECTUAL PROPERTY RIGHTS AND INTELLECTUAL PROPERTIES ON THE WORLDWIDE WEB: Intellectual Property is defined as legal rights that result form intellectual activity. Intellectual activity may include any action from industrial, scientific, literary and artistic field. India Intellectual properties comes into 4 major buckets; Copy Right, Patent, Trademark and Design Protection. (IPR) Intellectual Property Rights of computer software is covered under the Copyright Law, which is protected under the provision of Indian Copyright Act 1957. Major changes came into effect from 10 May 1995 to Indian Copyright Law, which made the Indian Copyright Law the toughest in the world. This was the first time; the Copyright Law was clearly explained in India: The rights of a copyright holder Position on rentals of software the rights of the user to make backup copies. Most of the software is easy to copy, so the Copyright Act was needed. According to section 14 of the Act, it is illegal to make and distribute copies of copyrighted software without the proper permission of the authority. A Criminal and Civil action can be organized for restriction, actual damage or legal damages per breach. Heavy punishment and fines can also be applied for violation of software copyright. Section 63 B orders a minimum jail term of 7 days, which can be extended up to 3 years. SUMMARY OF INDIAN GOVERNMENT INITIATIVES TO PROTECT IPR: Indian government began to take different steps towards Intellectual Properties Rights Protection. The Government has taken number of measures and strengthened the enforcement of Copyright Law. A summary of these measures is given below: 1. A Handbook of Copyright Law has brought out by the Government to create awareness of copyright laws amongst professionals, members of the public etc. Handbooks are free of cost and have been distributed to the stat and central government officials. 2. National Police Academy and National Academy of Customs and Narcotics developed several training programs on copyright laws for the police and custom officers. 3. The Department of Education, Ministry of Human Resource Development, Government of India has begun taking several measures for strengthening the enforcement of copyrights that include Copyright Enforcement Advisory Council (CEAC). Separate cells have been created at Police Headquarters, organizations of seminar and workshops are to cerate greater awareness of copyright laws among the enforcement personnel and the general public. 4. Special cells have been set up in 23 states and union Territories for copyright enforcement. These states are Andhra Pradesh, Assam, Andaman Nicobar Islands, Chandigarh, Dadra Nagar Haveli, Daman Diu, Delhi, Goa, Gujarat, Haryana, Himachal Pradesh, Jammu Kashmir, Karnataka, Kerala, Madhya Pradesh, Meghalaya, Orissa, Pondicherry, Punjab, Sikkim, Tamil Nadu, Tripura and West Bengal. 5. The Government began to develop seminars/ workshops on copyright issues. These seminars include enforcement personnel and representatives of industry organizations. Government started to take number of measures and therefore more activity has been found in the enforcement of copyright laws in the country. BEST PRACTICES TO MINIMIZE THE RISK OF INTELLECTUAL PROPERTY LOSS: The following Best Practices will help minimize the risk of losing Intellectual Property in conducting business offshore: 1. Understand the Intellectual Property rights: To protect the Intellectual Property the first and foremost step is to get a general idea of different plan and laws by the offshore country. 2. Set up an Internal Intellectual Property protection team: An Internal intellectual team should be organized, whose responsibility is to protect ongoing business and to monitor the Intellectual properties, violations etc. 3. Examine the work entity that can be copyrighted/ patented: Examine the work individually that can be copyrighted/ patented, and it is important to make sure that such protection will be valid in the country of offshore activity/ development. 4. Offshore vendor history: Extreme caution must be taken when company is entering into a vender relationship with an offshore entity. Company must understand the vendors history with respect to any Intellectual property violations. 5. Define IP violation clause: Define a separate Intellectual Property Violation clause and the consequences of Intellectual property violation, when signing a deal with the offshore vendor. Some companies sign the deal with the onsite entity of the offshore vendor, thin gives them more advantage to take any legal actions. 6. Seek a reference check for all the team members: It is important to check the offshore team and to seek the appropriate reference to make sure there is no IP violation case history behind the individual. 7. Pay Attention to use of unauthorized software/third party products: Be careful of using unauthorized software or third party products. Unlicensed software or products shouldnt be used by both onsite and the offshore team. 8. Enforce Central Repository: Enforce a central storage area for all the code and documents can not only improve the overall efficiency, and will also avoid numerous placeholders for critical documents and code. 9. Perform Periodic IP Audit: An audit should examine any new work that can be copyrighted and remove all unauthorized software/ product and allot suitable rights to the documents and update any changes to ownership to patents. 10. Enforce the use of References: Make sure to give appropriate references and credits to the owner of the work, this will raise the standards of the employees to acknowledge and respect and protect other peoples work. 11. Develop Awareness: Protecting the Intellectual property can be greatly enhanced if all the employees of the company and the offshore team are on the same page as to how much attention the company pays to protect Intellectual Properties. Case Studies Related to Indian IPR Protection In Bangalore police arrested three software engineers for copying software from a company they were working for. The accused engineers had started a new company called Ample Wave Communication Network. They had illegally copied the code of the companys software and were using at their company. Police seized four computers, one server and one laptop from accused. (source: DH News Service, Bangalore) Intellectual Property Protection in India Shekhar Verma a former Employee of Mumbai-based Geometric Software Solutions Company was accused of stealing $60 million worth of source code of a software product of Geometric Softwares US-based client, Solid Works and trying to sell them to other companies for a fortune. The American firm has the exclusive rights over the software. (Source Rediff.com) Conclusion Loss of intellectual property can cause companies to lose their position in the market. Understanding the countrys IP rights and following the best practices can reduce the risk of loosing the companys Intellectual property. Commitment to protect the Intellectual property should be developed and look after in all organizations of a company. 11 12 13 Refernces: 1. http://www.cerp.org/Default.asp 2. Geraint Howells and Steve Weatherwill, Consumer Protection Law (Markets and the law), 2nd edition 2005, ISBN: 978-0754623380 3. Teri B. Clark, The Complete Personal Finance Handbook; ISBN 13: 978-1601380470, published by Atlantic Publishing company 4. David Kelly, Business Law, 5th Edition, 2005, Cavendish Publishing, ISBN 13: 978-1859419625, 5. http://www.businesslink.gov.uk/bdotg/action/detail?type=RESOURCESitemId=1073792330 6. Denis Keenan, Smith Keenans Advanced Business Law. 11th Edition, 2000. ISBN 0 273 64601 X. 7. Geoffrey Morse, Charlesworth Morse Company Law, 16th Edition, 1999/ 8. Dave Needham, Business for Higher Awards, 1995. ISBN 0 435 285343 9. http://www.bloomberg.com/apps/news?pid=newsarchivesid=ajwsdZdSECBw 10. http://www.newsrx.com 11. DH News Service, Bangalore 12. http://www.rediff.com/money/2002/aug/28cbi.htm 13. Birgitte Anderson, Intellectual Property Rights: Innovation, Governance, And the Institutional Environment. ISBN: 978 1845422691 14. M. Pugatch and Meir Perez, The International Political Economy of Intellectual Property Rights, 2004, Edward Elgar Publishing, ISBN: 978-1843767640 15. G.F. Woodroffe, Consumer Law Practice, 2007, ISBN: 978-0421959507

A Stylistic Analysis of Blue Eyed Soul Essay -- soul roots, gospel blu

The aim of this essay will look at how Blue-eyed soul relates back to it's parent genre, Soul; through analysis of musical features. Blue eyed soul is typically described as White musicians who have recreated soul music of the 1960's (Encyclopedia Britannica, 2013). The somewhat ambiguous term refers to White musicians who â€Å"emulated black vocal styling and phrasing, and often covered black songs but also established themselves as recording artists with audience crossover skills† (Cooper, 2010, p.1). How musically different is the sub-genre, Blue-eyed soul to Soul or is it only a category which conformed to society norms of the 1960's? Soul roots relate back to stylist elements of Gospel, Blues, Jazz and Rhythm&Blues (Brown 1982 cited in Borthwick and Moy, 2004; Pruter, 1993). It was once under the category of Race music which defined all African American music. Soul is seen as a rise of African-American civil rights movement and is classify as the â€Å"essence of black culture† (Bowman, 2012, p.439). Soul is known for the group of labels, such as Stax and Motown, that had built and produced many of the well known soul artist we know of today. Many of the artists that began the rise of soul came from other musical genre background including Jazz, blues and gospel, for example Ray Charles and Sam cooke. Sam Cooke had a professional Gospel career before becoming known for his smooth soulful style with his secular lyrics and a more Pop sound, a good example of this is Twistin' the night away. The song has prominent vocals and the instruments stayed more in the background. For Soul, the focus on vocals is typical and before singer songwriters were popular, it was the delivery and presentation from the vocalist, to interpret the lyrics i... ...33 (5), 663-693. Neal, M. A. (2005). White chocolate soul: Teena Marie and Lewis Taylor. Popular music, 24(3), 369-380. doi:10.1017/S0261143005000577 Myers, M. (2012,12 July). The song that conquered radio. The wall street journal. Retrieved from http://uk.wsj.com/ Phil Spector's wall of sound. (2009, 14 April). BBC news. Retrieved from http://www.bbc.co.uk/news/ Pruter, R, (1993). The Blackwell guide to Soul recording: edited by Robert Pruter. Oxford: Blackwell Publishers. Shaw, A., (1986). Black popular music in America: from the spirituals, minstrel and ragtime to soul, disco and hip-hop. New York: Schirmer Books. soul music.(2014). Encyclopà ¦dia Britannica Online. Retrieved 06 January, 2014, from http://www.britannica.com/EBchecked/topic/555198/soul-music Tymieniecka, B. (Director) (2009). Da doo ron ron: The story of Phil Spector. [DVD]. US: Charley Films.

Lender Liability and the Duty of Good Faith :: essays research papers

Lender Liability and the Duty of Good Faith I.  Ã‚  Ã‚  Ã‚  Ã‚  Introduction From time to time, lenders and their attorneys announce that lender liability is no longer an issue with which the lending community needs to be concerned. What usually prompts this proclamation of the death of lender liability is a recent case in which a court has summarily rejected a borrower’s claim that the lender violated the duty of good faith and fair dealing. Many courts have rejected borrowers’ lawsuits which are based on allegations of the violation of the lender’s duty of good faith. Nevertheless, lender liability should continue to be an area of concern to lenders. Although courts often dismiss cases based on a borrower’s claims of lender bad faith, in other cases courts find that lenders have indeed engaged in conduct that constitutes bad faith. Most courts carefully examine the unique facts of each case, consider the testimony of experts, and listen to the ever-inventive arguments of counsel. A loan agreement, like every other contract governed by the Uniform Commercial Code (the â€Å"U.C.C.†), imposes on both the borrower and the lender â€Å"an obligation of good faith in its performance or enforcement.† This simple good faith performance obligation may appear to be an uncontroversial codification of a basic, minimal standard of human behavior. It is proving, however, to be problematic to commercial lenders. Some courts have been quick to hold that, under certain circumstances, a lender, which believed it was merely exercising its contractual rights, nevertheless may have breached the duty of good faith performance obligation. For example, in 1985 the Sixth Circuit, invoking the good faith performance obligation, affirmed a jury verdict awarding $7,500,000 to a borrower whose lender refused to advance funds under a loan agreement, which specifically and unequivocally permitted the lender to exercise sole and absolute discretion to refuse to advance additional funds. The Alaska Supreme Court, likewise invoking the good faith performance obligation, held that a borrower could recover both actual and punitive damages from a lender who had taken possession of collateral without notice, notwithstanding the unambiguous terms of the loan and security agreement authorizing such repossession. On the other hand, many courts have abandoned the imposition of good faith obligations on the lender beyond what is set forth in certain loan agreements. In 1987, the Bankruptcy Court for the District of Massachusetts held that the holder of a demand note does not need a good faith reason or any reason at all to demand payment.

Gender Inequality: Problems and Solutions :: Gender Sex Male Female Essays

  Ã‚  Ã‚  Ã‚  Ã‚  The issue of gender inequality is one which has been publicly reverberating through society for decades. The problem of inequality in employment being one of the most pressing issues today. In order to examine this situation one must try to get to the root of the problem and must understand the sociological factors that cause women to have a much more difficult time getting the same benefits, wages, and job opportunities as their male counterparts. The society in which we live has been shaped historically by males. The policy-makers have consistently been male and therefore it is not surprising that our society reflects those biases which exist as a result of this male-domination. It is important to examine all facets of this problem, but in order to fully tackle the issue one must recognize that this inequality in the workforce is rooted in what shapes future employees and employers-- education. This paper will examine the inequalities in policy, actual teaching situations, admission to post-secondary institutions, hiring, and job benefits and wages. It will also tackle what is being done to solve this problem and what can be done to remedy the situation.   Ã‚  Ã‚  Ã‚  Ã‚  The late 1960s brought on the first real indication that feminist groups were concerned with the education system in North America. The focus of these feminist groups captured the attention of teachers, parents, and students. At first the evidence for inequality in schooling was based on no more than specific case studies and anecdotal references to support their claims but as more people began to show concern for the situation, more conclusive research was done to show that the claims of inequality were in fact valid and definitely indicated a problem with the way that schools were educating the future adults of society. One of the problems which became apparent was the fact that the policy-makers set a curriculum which, as shown specifically through textbooks, was sexist and for the most part still is.   Ã‚  Ã‚  Ã‚  Ã‚  Textbooks are one of the most important tools used in educating students whether they are elementary school storybooks or university medical textbooks. It is therefore no surprise that these books are some of the most crucial information sources that a student has throughout their schooling. Many studies have been done examining the contents of these books to reveal the amount of sexism displayed in these educational tools. The results clearly show that gender inequality definitely runs rampant in textbooks some of the sexism subtle and some overt. To begin with, it is apparent that historical texts show a distorted view of women by portraying them unfairly and inaccurately and Gender Inequality: Problems and Solutions :: Gender Sex Male Female Essays   Ã‚  Ã‚  Ã‚  Ã‚  The issue of gender inequality is one which has been publicly reverberating through society for decades. The problem of inequality in employment being one of the most pressing issues today. In order to examine this situation one must try to get to the root of the problem and must understand the sociological factors that cause women to have a much more difficult time getting the same benefits, wages, and job opportunities as their male counterparts. The society in which we live has been shaped historically by males. The policy-makers have consistently been male and therefore it is not surprising that our society reflects those biases which exist as a result of this male-domination. It is important to examine all facets of this problem, but in order to fully tackle the issue one must recognize that this inequality in the workforce is rooted in what shapes future employees and employers-- education. This paper will examine the inequalities in policy, actual teaching situations, admission to post-secondary institutions, hiring, and job benefits and wages. It will also tackle what is being done to solve this problem and what can be done to remedy the situation.   Ã‚  Ã‚  Ã‚  Ã‚  The late 1960s brought on the first real indication that feminist groups were concerned with the education system in North America. The focus of these feminist groups captured the attention of teachers, parents, and students. At first the evidence for inequality in schooling was based on no more than specific case studies and anecdotal references to support their claims but as more people began to show concern for the situation, more conclusive research was done to show that the claims of inequality were in fact valid and definitely indicated a problem with the way that schools were educating the future adults of society. One of the problems which became apparent was the fact that the policy-makers set a curriculum which, as shown specifically through textbooks, was sexist and for the most part still is.   Ã‚  Ã‚  Ã‚  Ã‚  Textbooks are one of the most important tools used in educating students whether they are elementary school storybooks or university medical textbooks. It is therefore no surprise that these books are some of the most crucial information sources that a student has throughout their schooling. Many studies have been done examining the contents of these books to reveal the amount of sexism displayed in these educational tools. The results clearly show that gender inequality definitely runs rampant in textbooks some of the sexism subtle and some overt. To begin with, it is apparent that historical texts show a distorted view of women by portraying them unfairly and inaccurately and

Company law ans

Bristol is a substantial shareholder in Chester-Perry Industries Ltd. A business competitor, Gun and Fames Pity Ltd, is selling in great volume a cookbook similar to one in respect of which Chester-Perry Industries holds the copyright. Bristol believes his company has incurred a substantial loss and his own shares have been reduced In value by $150,000. HIS solicitors believe an Infringement of copyright has occurred. Cycles and Pollock are the directors of Chester-Perry Industries Ltd. They state that they have decided not to litigate because they believe hat to take legal action for infringement of copyright is too expensive and risky.Bristol is unsure whether the directors of Chester-Perry Industries have any interest in Gun and Fames Pity Ltd. On the general principles laid down Salmon's case, can Bristol sue Gun & Fames? Issue: Can Bristol sue Gun & Fames on behalf of Chester-Perry as a shareholder in Chester-Perry? Relevant law: Salomon. Application: The House of Lords in Salom on held that upon incorporation, a company beneficially becomes a separate legal entity even though its issued shares are owned by the same person Like In Salomon.Similarly In this question, Chester-Perry Is a company that has been incorporated and therefore, is a separate legal entity from all its shareholders. In this case, according to Salomon, Bristol who is a shareholder of Chester- Perry cannot sue Gun & Fames on behalf of Chester-Perry as a company is separate from its shareholders. Conclusion: Bristol cannot sue Gun & Fames on behalf of Chester Perry due to the principle laid down in Salomon where upon incorporation Chester Perry is considered as a separate legal entity from all its shareholders, including Tutorial 2 Bristol.Q(a). The Constitution of Big Hopes Pity. Ltd. Includes the following provisions: Rule XSL: On any Increase In capital the new shares must be offered to members In proportion to their excellent shares. John (an existing shareholder) is distressed when an allotment of a new issue is Issue: of What action can John take against Big Hopes for failing to allot new issue shares to him according to Rule xi of the Constitution? Relevant law: CA 2001. Application: s. 140(1)(a) states that a constitution of a company is a contract between the company and its company and its shareholders.In this essence, both the shareholders are bind by the constitution. Must Big In this instance, Rule xi of Big Hopes' constitution states that new shares be offered to existing shareholders as per their existing shares. However, Hopes failed to allot new shares to John as according to his existing shares and have therefore breached its contractual obligation in the constitution under Conclusion: John can take an action against Big Hope under s. 140(1)(a) for breaching its to contractual obligation in its constitution for failing to allot the new shares John as per his existing shares.Tutorial 3 Q. John, Ring, George and Paul incorporate Big Hopes Pity Ltd for their property development business. Big Hopes Pity Ltd was empowered under a provision in its constitution to appoint a managing director. However, the company did not appoint managing director, executed a contract with Vincent for the purchase of a certain property. The market price for the property subsequently collapsed. The board of Big Hopes Pity Ltd, learning of the contract, expressed their disapproval to Paul and claimed that the company was not bound by the contract.Vincent seeks your advice as to his legal position. Issue: Is the company bound by the contract with Vincent? Relevant law: Constructive notice, Turned, and s. 129(2)(a) and (b), s. 29(5) (6) CA 2001 , Actual authority and Apparent authority. Application: Under the old principle of constructive notice, the constitution of public companies are made available for public inspection and therefore, the public are deemed well aware of the limitations on the authority of the companies' principle will not apply here a s Big Hopes is a private officers. This old company.Furthermore, under the common law Turnaround's case, any outsiders with companies can assume that the persons with whom they are with have the authority to contract on behalf of the companies and all proceedings have been complied with. Dealing internal In this case, the constitution of Big Hopes states that a MD should be appointed but did not state that Paul has been properly appointed as the MD. Vincent can argue that he assume that Paul has been appointed as the as per the Turnaround's case and therefore, has the authority to contract on behalf of the company.He also has no actual knowledge or suspicion that Vincent has not been properly appointed (Note: In test/exam, if there are any circumstances that arouse suspicion, argue using the case of Nonresident Developments). The principle of constructive notice has also been abolished by s. 130(1) of CA 2001. In dealing with companies, outsiders are entitled to make certain assumpt ions contained in s. 129 of ACACIA as per s. 128(1) of ACACIA. In this instance, Vincent can argue that he has been empowered by s. 128(1) to make certain s. 129 assumptions when contracting with Paul from Big Hopes. Reticular, he can assume under and (b) that Paul has been properly appointed as the MD of Big Hopes and can therefore exercise all the customary duties of a MD which include entering into contracts on behalf of Hopes. In this essence, Vincent can assume that Paul has actual implied authority to enter into contracts on behalf of Big Hopes. Note: In test/exam, if question requires arguing on apparent/ostensible authority, use the case of Freeman Locker to support your argument). Vincent can also argue either s. 129(5) or (6) depending on whether Big Hopes execute contracts by way of seal or without seal.Either way, Vincent can argue that Paul has complied with all the internal proceedings when executing the contract with/without seal (e. G. Proper meeting, quorum, fixatio n of seal, witnessing of fixation et cetera) under either of these two sections. The exceptions under s. 128(4) CA 2001 will not apply to Vincent as he has ever known or suspected that Paul has not been properly appointed and the contract has not been properly executed. Conclusion:Big Hopes is bound by the contract with Vincent under both common law (as per Turnaround's case whereby entitled to make certain s. 29 assumptions again, there is no evidence suggesting any when dealing with Big Hopes and exceptions under s. 128(4) that will rebut the s. 129 assumptions made by Vincent. Tutorial 4 Q. Maria is keen to purchase shares in Action Ltd. , but is unable to raise sufficient funds to do so. It is suggested that the company lend Maria the sum of $50,000 to enable her to complete the purchase. The directors of Action Ltd. Seek your advice as to this proposal. Issue: Can Action Ltd lend Maria the sum of $50,000? Is this considered as financial assistance?Relevant law: s. AAA(1) CA 200 1, ASIA v Adler. Application: Under s. AAA(1), a company may only financially assist a person if it (a) does not materially prejudice the interests of its shareholders and affect its ability to pay its creditors, (b) must be approved by all shareholders, and (c) exempted by s. CHIC. Therefore, before Action Ltd lends the $50,000 to Maria, it must ensure that it has comply with all the requirements in s. AAA(1). Otherwise, Action Ltd will be breaching s. AAA(1) as per the case of ASIA v Adler. In ASIA v Adler, Mr..Adler the director in HI has utilized the money of HI to financially assist his personal company PEE to purchase the shares in HI when HI was already in financial difficulty and without the approval of the shareholders. The court deemed this to be a contravention of s. AAA(1). Requirements in s. AAA(1). Conclusion:Action Ltd can only financially assist Maria to purchase the shares of Action Ltd if it satisfied all the requirements in s. AAA(1). Otherwise, Action Ltd will be deemed to have contravened s. AAA(1) as per the case of ASIA v Adler.Tutorial 5 Q. An opportunity has arisen to purchase land for development at Christmas Hills. The shareholders of Central Developments Ltd. Passed a resolution that the company purchases the land. However, the directors have ignored the resolution and refuse to act on it. Are the directors bound to implement the shareholders' resolution? Issue: Are the directors of Central Developments bound by the shareholders' resolution to purchase the land at Christmas Hills? Relevant law: Separation of ownership and management powers, Automatic Self- Cleansing, John Shaw.Application: Under the principle of separation of ownership and management powers, the management of the company is vested fully in the board of directors despite the shareholders owning the company. Therefore, the shareholders cannot pass resolutions instructing the directors on how to manage the company. According to the cases of Automatic Self-cleansing and John Shaw, the directors as long as acting within the management powers bequeathed on them by the company's constitution have absolute power in managing the company and the shareholders have no rights to interfere in this as per the company's constitution.In this event, the directors of Central Developments can ignore the resolution of the shareholders to purchase the land at Christmas Hills because purchasing of land can be considered as a type of management power and only the Conclusion: The directors of Central Developments can ignore the resolution of the shareholders to purchase the land at Christmas Hills because the directors have absolute power to manage the company including whether to purchase the land as per the principle of separation of ownership and management powers and the cases of Automatic Self-cleansing and John Shaw.Tutorial 6 IQ. Seven Dwarves Ltd operates nursing homes. Its directors are Sleepy, Grumpy and Dopey. They hold 30% of the shares in the company. The directors allocate 1 million new shares to certain business associates. This has upset certain shareholders who claim that the placement was made with a view to preventing a future takeover offer being made. The directors claim that the allotment was made to raise cash required for the company's future needs. Advise the shareholders.Issue: Advise the shareholders whether the directors have breached any of their director's duties by allocating 1 million new shares to certain business associates? Relevant law: s. 181 CA 2001 â€Å"proper purpose† (but for test), Whitehorse v Carlton, Howard Smith. Application: Under s. 181 CA 2001, directors must act in good faith, in the best interest of the shareholders and for a proper purpose. The shareholders in claimed that the directors have issued 1 million new shares to Seven Dwarves certain business associates to defeat a takeover and therefore, the issuing of these new shares is for an improper purpose.To determine whether the issui ng of new shares is for an improper purpose (I. E. To defeat a takeover), the but for test will be applied. But for to defeat a future takeover, will the directors issue the 1 million new shares? † (Note: Students must reason and argue on this question to reach an answer, either Yes/No). If the but for test reveals that no, if not to defeat a takeover, the directors will not issue the new shares, then obviously the reason for issuing shares is to defeat a takeover. He to prevent the wife from having majority control over the business and in the case of Howard Smith, whereby new shares were issued to prevent future takeover, the court ruled that the issuing of new shares in these cases was for improper purpose. Therefore, the directors have breached s. 181 because their purpose in issuing the 1 million new shares to certain business associates is to defeat a future takeover which is considered as improper as per the two cases discussed above. Conclusion: The directors of Seven Dwarves have breached s. 81 because they have issued cases new shares for an improper purpose (I. E. To defeat a takeover) as per the of Whitehorse v Carlton and Howard Smith. Tutorial 7 (This question is not taken out from the tutorial questions but you can still use it as a reference for answering questions from this tutorial) Sam and Pete are the erectors in BBC Pity Ltd. They have decided to use the 1 million dollars in the company's bank account to invest in the shares of DEAF Ltd after doing all the necessary research and making all the necessary inquiries by themselves from the Internet and financial Journals and magazines.Six months after the investment, the World Financial Crisis occurs and DEAF Ltd goes into liquidation causing BBC Pity Ltd to lose its 1 million dollars investment. Do the shareholders of BBC Pity Ltd have a course of action against Sam and Pete? Issue: Do the shareholders of BBC have a course of action against Sam and Pete for asking an investment that cau sed the company to lose 1 million dollars? Relevant law: Old subjective common law standard, Re Cardiff Bank, Re City Equitable Fire Insurance, Daniels v Anderson (objective standard), s. 80(1) and s. 180(2) CA 2001. Application: Under the old common law, a subjective standard is applied to directors when exercising their duty of care towards their companies. In both the case of Re Cardiff Bank and Re City Equitable Fire Insurance, the subjective standard is applied whereby directors were only required to exercise duty of care as per their personal level f skill and experience. However, this approach has been overruled by the modern objective standard landmarks in the case of Daniels v Anderson.In this case, all directors are expected to exercise a duty of care that any other reasonable directors will apply in the same position and circumstance and not according to their personal level of skill and experience. This standard is further illustrated in 180(1) CA 2001 which states that directors must exercise their power with degree of care that any reasonable directors would exercise in the same circumstances, position and responsibilities. In this event, if the shareholders of BBC are able to establish that any other Sam and Pete would be breaching their duty of care towards BBC under 180(1).However, Sam and Pete will be able to raise the Business Judgment Rule Defense (BBC) in s. 180(2) CA 2001. In order for them to raise the BBC, they must satisfy four elements; (1) They have made the business Judgment in good faith and for a proper purpose – there is no evidence that Sam and Pete have ill intentions when making the investment, (2) They have no material personal interest in the business Judgment – again, there is no evidence that Sam andPete have gained any benefits financial or non-financial wise from the investment, (3) They have informed themselves of the subject matter of the business Judgment – there is evidence that Sam and Pete have done all the necessary research including online and from Journals and magazines, and (4) Any other reasonable person in the same position and circumstances would have made the same investment as they did after doing all the research – Sam and Pete must be able to prove so. If Sam and Pete are able to establish all the elements in s. 180(2), then they will be able to use the BBC to defend themselves from breaching s. 0(1). Conclusion: The shareholders of BBC will have a course of action against Sam and Pete if they can prove that no reasonable director will invest the 1 million dollars in DEAF and therefore, in doing so, Sam and Pete have breached their duty of care to the company under s. 180(1). However, if Sam and Pete can establish all the elements under s. 180(2), then they will be able to use the BBC to defend themselves from breaching s. 180(1). Tutorial 8 (These questions are not taken out from the tutorial questions but you can a shareholder in EX. Pity Ltd.

Theory Essay

Bambara & Freire; An Analysis to Theory March 2013 The Lesson is written by Toni Cade Bambara and is a fictional narrative. The significance of this short story is deepened when we apply Paulo Freire’s story Pedagogy of the Oppressed because he talks about the different kinds of teaching methods that relate to the characters in The Lessons and the society that they live in. In Freire’s story he deliberates about the society we live in, which uses the banking method rather than the problem posing method of teaching.I believe that this is what Miss. Moore is trying to show her students in The Lesson by taking them to the ‘rich’ part of town when they go into the toyshop. In Freire’s story he gives two terms: the oppressor, which in my opinion is the white people in The Lesson and the oppressed which is Sylvia and her classmates. In The Lesson, you meet a young girl who goes by the name of Sylvia. Sylvia is brought up in a ‘slum’ area and i s resentful towards her teacher, Miss Moore.Sylvia feels that her teacher is better than everyone else in her community because she has a college degree, and doesn’t care to listen to anything Miss. Moore has to say. The story starts off by Miss Moore bringing the group of children to this toyshop, which is where I believe she is trying to expose them to this banking system concept, to show them what is wrong with their society. The banking system concept is when â€Å"the teacher talks about reality as if it were motionless, static, compartmentalized, and predictable.Or else he expounds on a topic completely alien to the existential experience of the students† (Freire 52). In other words the banking system where the teachers believe only they can be the ‘knowledgeable other’, the knowledgeable other is someone who has more experience and knows what they are doing which makes them the one who holds all the knowledge. They don’t believe the students can teach them anything new. Using this type of system will result in the student’s only being as good as what they’re taught.The problem posing method on the other hand is where the teachers and the students work together, that they can learn from each other and respect one another’s thoughts, ideas, questions and wonders. A great example of the banking method that Freire writes is â€Å"the more completely she fills out the receptacles, the better a teacher she is. The more meekly the receptacles permit themselves to be filled, the better students they are† (Freire 53).In The Lesson the white people are the oppressors and Sylvia and her classmates are the oppressed. Freire explains the oppressed â€Å"The oppressed receive the euphemistic title of â€Å"welfare recipients†. They are treated as individual cases, as marginal persons who deviate from general configuration of a â€Å"good, organized, and just† society† (Freire 55). This is saying how poor people are treated as separate people in society. The students in The Lesson did not know they were seen as this ‘separate’ part of society.According to Freire he doesn’t believe this is the case, he see’s everyone as equals â€Å"The oppressed are not â€Å"marginal†, are not people living â€Å"outside† society. They have always been â€Å"inside† (Freire 55). Once Sylvia and her classmates arrive at this toyshop they notice a toy sailboat that catches them off guard, but it’s not the sailboat, it is the price tag that is attached to it, Sylvia exclaims â€Å"Who are these people that spend that much for preforming clowns and $1000 for toy sailboats? What kinda work they do and how they live and how come we ain’t on it? (Bambara 425). I believe that by bringing the children to this new environment she was trying to open the children’s eyes to this ‘separate’ society. Miss Moore embodies the idea of problem posing. From Freire’s point of view, a teacher that poses these traits should â€Å"from the outset, her efforts must coincide with those of the students to engage in critical thinking and the quest for mutual humanization† (Freire 56). Miss. Moore does this when she asks a question to deepen Sugar’s thought about why adults would play with a kid’s toy.A great metaphoric description between the two methods that Freire uses, quoting Fromm is that the banking system causes people to be ‘necrophilia’ versus the problem posing method, which is causing people to be ‘biophilious’. â€Å"While life is characterized by growth in a structured, functional manner, the necrophilous person loves all that does not grow, all that is mechanical. The necrophilous person is drive by the desire to transform the organic into the Memory rather that experience, having, rather than being, is what counts.The necrophilious p erson can related to an object- a flower or a person- only if he loses the possession he loses contact with the world†¦ He loves control; in the act of controlling he kills life† (Fromm 58). I feel that this quote strengthens the issue that the children have around this expensive boat. In my point of view the children are more biophilious, this is backed up when it shows that they do not see the importance of an expensive boat when they could use that money to feed an entire family. They aren’t bound by materialistic items.During The Lesson you read about Sylvia getting mad at her friend Sugar for engaging in conversation with Miss Moore regarding the toy sailboat. This displays that Sylvia is unintentionally still bound by the banking system because if they were in the problem posing method this would be seen as harmful to one another’s learning. You notice that Miss Moore is trying to get the students to critically think for themselves in a problem-posing manner, but it is apparent that they are all in some matter constricted by this banking system method that they live in.The whole idea of the banking system with the roles of the oppressed and the oppressor is that it stops people from becoming fully human, as Freire says â€Å"no one can be authentically human while he prevents others from being so† (p. 66). References: Bambara, Toni Cade. â€Å"The Lesson. † 2nd. Lawn, Beverly. Boston: Bedford/St Martins, 2004. 419-427 print. Freire, Paulo. â€Å"Pedagogy of the Oppressed. † Rev edition. Trans. Myra Bergman Ramos. Continuum/New York, 1995. 52-67 print.