Thursday, January 23, 2020

Abraham Lincoln Essay -- essays research papers

On February 12, 1809 a boy was born unto Thomas and Nancy Lincoln in a one room log cabin on Nolin Creek near Hodgenville, Kentucky. Who would know that this son of a farmer and a boy with not much education would grow up to be not only the 16th President of the United States but also one of the most famous speakers in history. I will chronicle for you some of the most remembered and effective public addresses of President Abraham Lincoln.   Ã‚  Ã‚  Ã‚  Ã‚  Lincoln’s rise to presidency was a lengthy one. His first political speech came in 1830 after he and his family moved to Illinois where they settled on undeclared land along the Sangamon River; he was in favor of improving navigation on this river.   Ã‚  Ã‚  Ã‚  Ã‚  At age 24, Lincoln is elected to the Illinois General Assembly and begins his studies in law. Two years later he is re-elected to the Illinois Gen. Assembly and is now a leader of the Whig party. September 9th, 1836 Lincoln receives his law license and in June of 1840 he argues his first case before the Illinois Supreme Court. After being elected to the U.S. House of Representatives, he delivers a speech on the floor of the House against President Polks war policy regarding Mexico. In March of 1849 he makes an appeal before the U.S. Supreme Court regarding the Illinois statute of limitations, but is unsuccessful and leaves politics to practice law. Lincoln’s aptitude in public speaking soon gains him a reputation as an outstanding lawyer and is nicknamed â€Å"honest abe†.   Ã‚  Ã‚  Ã‚  Ã‚  In 1854 he decides to re-enter politics and is elected to Illinois legislature but declines the seat in order to try to become U.S. Senator; however he is again unsuccessful and does not get chosen by the Illinois legislature to be U.S. Senator.   Ã‚  Ã‚  Ã‚  Ã‚  Abe Lincoln was well known in history for his views on anti-slavery laws. On June 26th, 1857, he first speaks against slavery at the Dredd Scott ruling. Dredd Scott was an African-American slave whom was taken by his master, an officer in the U.S. Army from the slave state of Missouri to the free territory of Wisconsin where he lived on free soil for a long period of time. When the Army ordered his master back to Missouri, he took Scott back to that slave state where his master died. In 1846, Scott was helped by Abolitionist lawyers to sue for his free... ...shall be then, thenceforward, and forever free.† The most famous and important Civil War Battle occurred over three summer days, July 1-3, 1863, around the small market town of Gettysburg, Pennsylvania. Lincoln was outraged at the number of casualties and on November 19th delivers the Gettysburg Address dedicating the battlefield as a national cemetery. He spoke in his high, penetrating and in a little over two minutes delivered the address, surprising many by its shortness and leaving others quite unimpressed. â€Å"Over time, however, the speech and its words- government of the People, by the People, for the People- have come to symbolize the definition of democracy itself.† Unfortunately, Lincoln’s next tenure as President, is cut short by his untimely death. During the play â€Å"Our American Cousin† at Ford’s Theater on April 14, 1865, Lincoln was killed by a bullet to the head by John Wilkes Booth. President Abraham Lincoln dies at 7:22 in the morning on April 15, 1865. The public addresses of Abraham Lincoln allow us to learn fundamental aspects of public speaking. Due to his outstanding ability to communicate, teaches us still today, the effectiveness of great speech communication.

Wednesday, January 15, 2020

Understanding Nourishes Belonging

Understanding nourishes belonging. A lack of understanding prevents it. Belonging is not a solo act. For belonging to exist there must be some facilitation on the sides of two separate parties. Belonging hinges on how these parties create an understanding of each other. Many of Emily Dickinson’s poems reflected the difficulty which she experienced upon attempting to forge a connection with her society.Her personas in â€Å"My Letter to the World† and â€Å"I had been hungry all the years† both initially struggle with belonging to their society, and resolve these issues through establishing a sense of understanding; the former with her peers and the latter with herself. Similarly, the titular character in Shaun Tan’s acclaimed picture book, â€Å"The Lost Thing† finds itself alienated in a world that is dismissive of things it cannot understand. This lack of understanding stems from the society’s inability to reconcile with that which is diffe rent, and the â€Å"Lost Thing† ultimately must journey to a sanctuary where it is understood and accepted.The composers of each text underscore their ideas using powerful imagery, with symbols and metaphors common features of all three. Understanding facilitates the development of belonging, and this cannot occur unless individuals go out of their way to forge connections with the larger world. The persona in Dickinson’s â€Å"My Letter to the World† attempts to do this on a massive scale, addressing her â€Å"letter† – a metonymy for her entire body of work – to a world that is dismissive of her. The persona makes it clear that she is writing to a society that â€Å"never wrote to me†, which suggests feelings of isolation.These feelings are turned around upon the establishment of a connection with the persona’s countrymen based on the persona’s love of nature, which is personified and described here with a regal and ma jestic beauty. It is due to this love that she allows herself to ask them to â€Å"judge kindly of her†. The persona’s adoration of Nature is expressed clearly through the ardent description of â€Å"Her† in the fourth line. The juxtaposition of the words, â€Å"tender† and â€Å"majesty† is striking, and impresses upon readers a sense of both nature’s gentle beauty and its powerful reign throughout the world.Nature is a commonality between the persona and the society from which she feels alienated; thus, by penning this letter and reaching out, the persona discovers a way of belonging in her society facilitated by an understanding based on their mutual respect for nature. In another of Dickinson’s poems, she addresses the possibility that by pursuing an understanding of belonging, an individual can come to experience that feeling within their own self. The persona of â€Å"I had been hungry† expresses a hunger that has spanned years, a hunger symbolising the innate human need for belonging.Dickinson employs imagery associated with food and eating throughout the poem, in keeping with this extended metaphor. The persona is given the opportunity to â€Å"sample the plenty†. The persona’s hesitance and apprehension in doing so are evident, as she â€Å"trembling drew the table near†. The persona is bewildered by the â€Å"curious wine† and comes to discover that this particular type of belonging isn’t for her. This discovery is emphasised in the metaphor in the second stanza, â€Å"Like berry of a mountain bush/Transplanted to the road†.The juxtaposition of the berry, a thing of nature, and the man-made road signifies the jarring feeling the persona is experiencing. In the end, the persona finds that, â€Å"the entering takes away†. By engaging with the possibility of belonging, much like their counterpart in â€Å"My Letter to the World†, the persona c onversely finds that it isn’t for her, and instead comes to the understanding that she was more comfortable in her own place. Lack of understanding, especially of things that are foreign to us, and how it acts as a barrier to belonging is a theme explored extensively in Shaun Tan’s â€Å"The Lost Thing†.A boy discovers a creature and takes it on a journey through the industrialised conglomerate that takes no heed of it. The â€Å"Lost Thing† is first discovered on a beach; its striking red shade and natural-looking shape instantly convey to the reader how out of place it is in respect to its rather colourless, angular surroundings. The confusion and uncertainty that the people who notice the â€Å"Thing† are epitomised in the narrator’s lines â€Å"It just sat there, looking out of place. I was baffled. † In the end, their search for the â€Å"Lost Thing’s† place, take them to a bizarre place, where all sorts of lost thi ngs have gathered.Far away from the wider society’s inability to comprehend the â€Å"Lost Thing’s† existence, here it can assimilate into a world where its features are far less likely to warrant particular notice. Throughout the book, a recurring visual motif appears in the form of a white, wavy arrow. It initially evades notice – much like the â€Å"Lost Thing† in its society – up until it becomes relevant to the story as a marker leading the two main characters to the world that the â€Å"Lost Thing† eventually finds a home in.Much like Dickinson’s persona’s, it is by making the attempt to find a place of belonging that the â€Å"Lost Thing† is able to navigate past a society that does not understand it into one that does. Society’s perceived indifference and its associated unwillingness or inability to understand play an integral role in the â€Å"My Letter to the World† persona’s percept ion of belonging. Whether this perception is the reality is not made clear; however, by playing on the insecurities of the persona this perception exacerbates her inability to belong.The persona makes it clear that she is alienated by the wider world through the line, â€Å"Her message is committed/To hands I cannot see†. As she is not privy to the contents of this letter, she is therefore not part of this understanding that is shared by the wider community. The idea that this is passed by hands that she cannot see is also significant; it gives the connotation that there is a barrier between the persona and the rest of the world, and until she bridges this barrier and shares in the understanding, she cannot belong.Through â€Å"My Letter to the World†, Dickinson expresses the idea that understanding is perhaps the key to belonging between individuals and groups. Similarly, in â€Å"The Lost Thing†, a lack of understanding gives way to the absence of belonging, a nd a desire on the part of the wider society to get rid of that which the misunderstanding originates from. The society of Tan’s book is unable to connect and interact with the objects they cannot accept into the drab surroundings of their day to day life.The society’s misguided attempts to categorise everything in their world is embodied in the â€Å"Federal Department of Odds and Ends†. Tan parodies government mottos by inventing one for his invented federal department, â€Å"sweepus underum carpetae†. The pseudo Latin suggests that the Department’s purpose is nothing more than to â€Å"sweep things under the rug†. An imperative, â€Å"Don’t Panic†, follows the question â€Å"finding that the order of day-to-day life is unexpectedly interrupted? on the Department’s advertisement, and is indicative of the entire society’s attitude to things that seem out of place. The Lost Thing’s invisibility in its soci ety is highlighted by the small size with which it is depicted against the cityscape. On one of the last pages, Tan poses a series of illustrations in which it appears as though the view is panning out from a tram to a view of several, then of hundreds; this impresses upon readers how easy it is to go unnoticed in the face of society’s lack of care and understanding.An understanding thus cannot be reached between the Lost Thing and its environment, prompting its search for one where this is possible. An understanding between individuals and groups is imperative to a sense of belonging. Both Dickinson’s poems and Tan’s picture book detail the struggles to belong that can transpire from a lack of understanding and also depict the happy reality that results from newfound understanding.

Tuesday, January 7, 2020

The Effects Of Physical Exercise On Children - 1312 Words

statistical significance with a p-value of 0.16 at 5 minutes, 0.04 at 10 minutes and 0.03 at 20 minutes. It does not; however, show a statistical significance in digit recall with changes from p =0.10 at a 5 minute exercise break, p=0.48 at a 10 minute exercise break and p=0.18 at a 20 minute exercise break, and does not show a significant difference between cognitive functioning and physical activity in children, thus refutes the notion that physical exercise may be affected by different exercise doses. Findings again differed for Raine et al. (2013) as results showed an increase in recall of locations on a map on the third day of testing after learning the information tested via the study only strategy (with free recall and cued recall) and the test study strategy (with free recall and cued recall) (Fig. 4). Figure 4 shows a significant difference between higher fit children compared to lower fit children using the four different strategies. The study did show a decrease in accurac y of the study only strategy tested with cued recall and testing strategy with free recall compared to the testing strategy with cued recall. Study only with free recall showed a decrease in accuracy compared to the three previously mentioned. Additional research has also shown that acute physical activity in children may potentially increase the P3 amplitude and increase the latency in the brain, most effectively at the central-parietal region, within 25 minutes when incongruent tasks areShow MoreRelatedPhysical Exercise and Cognitive Functioning in Children1691 Words   |  7 Pagesat if physical exercise will help the healthy cognitive development in children and adolescence and this paper will illustrate that the same facts are true for children and adolescence, and will stress the importance of exercise for children optimal brain development and growth. The current studies show that physical activity has a positive effect on attention, neuroplasticity and intellectual development in children and adolescence. The studies also seem to show the importance of physical activityRead MoreChildhood Cognitive Development And Exercise1351 Words   |  6 PagesDevelopment and Exercise Monica Compton Dr. Laura McClelland Taylor University November 23, 2016 In current times everyone is constantly surrounded by old and new technology and people, especially children, are constantly using it. A Topical Approach to Life-Span Development talks about how the increased screen time that children are having is linked with lower levels of activity (Santrock, 2016). Activity levels during childhood and the effects it has on physical development has beenRead More importance of physical activity in youths Essay1100 Words   |  5 Pages The Importance of Physical Activity in Adolescence nbsp;nbsp;nbsp;nbsp;nbsp;Engaging in physical behavior during adolescence is very important to the overall health of a child. Regular physical activity is essential to both the mental and physical health aspects. Positive exercise habits formed in childhood tend to carry over into adulthood, thus helping reduce death and illness in the future. There are many other positive benefits that come through the form of exercise. Just as well, thereRead MoreIs Obesity A Growing Problem? Essay1319 Words   |  6 Pagesadolescents do not get enough aerobic physical activity to meet the guidelines for youth (Physical Activity, 2014). When adolescents do not get the proper amount of physical activity needed to keep them healthy it puts them at risk for; a decrease in bone health, cardiorespiratory and muscle health, an increase in body fat, and possible depression. Obesity is a growing problem in America not only with adults but also with school aged children. The percentage of children aged 6–11 years in the UnitedRead MoreWatching Tv And Play Video Games1621 Words   |  7 Pagesof the big difficult problems we are facing is the large quantity of obesity in our children. One of the major circumstances in that our children have become less physically active. At an early age, kids start to learn how to operate a computer, watch TV and play video games. Having technological skills is now indispensable in our lives because many things have turned â€Å"computerized,† evidently is that our children are depending on these types of entertainment preferably than getting up and physicallyRead MoreImproving Our Cognitive Function At Any Age1134 Words   |  5 Pagesmemory. Unfortunately, not all of them really help, therefore, the question is there something that can really maintain or improve our cognitive functions for real. One of the many hypothesis is that physical exercises improve cognitive functions. There is extensive research that physical exercise scan protected or enchant cognitive functions. There are many studies that tested that hypothesis on humans they focused mostly on middle-aged and older adults. The majority of them are observation studiesRead MoreEffects Of Physical Activity On Children s Health1460 Words   |  6 PagesBenefits of Physical Activity in Youth Children’s health is something that is very important and people need to become more familiar with how to get their youth healthy and how to keep them healthy. Children need physical activity on a daily basis to stay mentally and physically fit. There are nine primary studies done between sedentary behavior and mental health. Having a high level of sedentary behavior negatively impacts your health. Physical activity has potentially beneficial effects for reducedRead MoreChildren s Participation During Early Childhood Exercise Programs1679 Words   |  7 Pageschildhood exercise programs plays an important part in the development of the human body, both physically and mentally. Regular physical exercise in youth’s plays an important part of their childhood as it has many beneficial health outcomes associated with growth and development connected with adulthood. These health outcomes include increasing production of bone mineral content (BMC), and the decrease of depres sion, obesity and cardiovascular disease risks. Early life exposures to exercise influenceRead MoreEssay The Many Benefits of Exercise1513 Words   |  7 Pagesthe lack of education about health and exercise. Exercise has a wide variety of positive effects on the body and mind that can be categorized into three main parts. Part one describes psychological benefits, including the influences exercise has on the mind and its functions, as well as the behavioral changes it presents. Part two explains the physical qualities that exercise can enhance. This effect incorporates the body as apposed to the mind. Exercise affects your overall body appearance andRead MoreThe Effects Of Exercise Training On Functional Performance1000 Words   |  4 PagesEffects of Combined Exercise Training on Functional Performance in Children with Cerebral Palsy: A Randomized Controlled Study Spring 2017 EPR 214-QL Professional Reflection Brandon England The University of Alabama at Birmingham PROCEDURAL SUMMARY My Professional Reflection summarizes the procedures and statistics used in a randomized controlled study on the Effects of Combined Exercise Training on Functional Performance in Children with Cerebral Palsy. This study was published in January 2017 in

Sunday, December 29, 2019

Music Criticism The Intellectual Activity Of Formulating...

Music criticism is the â€Å"intellectual activity of formulating judgments on the value and degree of excellence of individual works of music, or whole groups or genres,† (Oxford Music Online). As with any subject, the critic is often lumped together with the elitist. They are very similar, but I believe that it is unfair for the critic to be labeled an elitist due to the negative connotation that comes along with elitism. Even the notion of â€Å"criticizing† something now makes people bat an eye. However, the idea of the critique does not. This is often associated with what is commonly referred to as â€Å"constructive criticism,† an idea that is widely accepted, and even encouraged, in most learning environments. A certain level of objectivity comes across here. I associate this with the generic critic. The elitist, on the other hand, is a critic who judges the elements of whatever is in question in relation to their own personal taste, or at least thatâ€⠄¢s my conclusion. Here, things are much murkier in terms of objectivity, and elitists appear condescending to others because they tend to boast their opinions as if they were absolute truths. I have come to understanding that we encounter many more opinions that truths in our lifetime, and it is often hard to distinguish between the two. The accepting of this idea is one of the things that can distinguish constructive criticism from condescending elitism. Here is a simple example through music as a medium. There will be two subjects inShow MoreRelatedContemporary Issues in Management Accounting211377 Words   |  846 Pagesleft blank Contemporary Issues in Management Accounting Edited by ALNOOR BHIMANI 1 Great Clarendon Street, Oxford ox2 6dp Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide in Oxford New York Auckland Cape Town Dar es Salaam Hong Kong Karachi Kuala Lumpur Madrid Melbourne Mexico City Nairobi New Delhi Shanghai Taipei Toronto With oYces in Argentina AustriaRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 Pages978-0-13-283487-2 Brief Contents Preface xxii 1 2 Introduction 1 What Is Organizational Behavior? 3 The Individual 2 3 4 5 6 7 8 Diversity in Organizations 39 Attitudes and Job Satisfaction 69 Emotions and Moods 97 Personality and Values 131 Perception and Individual Decision Making 165 Motivation Concepts 201 Motivation: From Concepts to Applications 239 3 The Group 9 10 11 12 13 14 15 Foundations of Group Behavior 271 Understanding Work Teams 307 Communication 335 LeadershipRead MoreLibrary Management204752 Words   |  820 Pages. . . . 99 Vision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Values and Culture . . . . . . . . . . . . . . . . . . . . . . . . . . . 107 Mission . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 109 Goals, Themes, and Directions . . . . . . . . . . . . . . . . . . 110 Objectives, Initiatives, Pathways, and Strategies . . . . 111 Activities, Tasks, and Initiatives . . . . . . . . . . . . . . . . . 113 Evaluation—Accountability in Action Read MoreMarketing Management Mcq Test Bank53975 Words   |  216 Pagesbrand management process is ________. A) measuring consumer brand loyalty B) identifying and establishing brand positioning C) planning and implementing brand marketing D) measuring and interpreting brand performance E) growing and sustaining brand value Answer: B Page Ref: 241 Objective: 1 AACSB: Analytic skills Difficulty: Easy 2) The American Marketing Association defines a ________ as a name, term, sign, symbol, or design, or a combination of them, intended to identify the goods or services ofRead MoreDeveloping Management Skills404131 Words   |  1617 Pages mymanagementlab is an online assessment and preparation solution for courses in Principles of Management, Human Resources, Strategy, and Organizational Behavior that helps you actively study and prepare material for class. Chapter-by-chapter activities, including built-in pretests and posttests, focus on what you need to learn and to review in order to succeed. Visit www.mymanagementlab.com to learn more. DEVELOPING MANAGEMENT SKILLS EIGHTH EDITION David A. Whetten BRIGHAM YOUNG UNIVERSITY Read MoreMarketing Management 14th Edition Test Bank Kotler Test Bank173911 Words   |  696 Pagesorganizations. Answer: B Page Ref: 4 Objective: 1 Difficulty: Easy 2) ________ is the art and science of choosing target markets and getting, keeping, and growing customers through creating, delivering, and communicating superior customer value. A) Marketing management B) Knowledge management C) Operations management D) Strategic management E) Distribution management Answer: A Page Ref: 5 Objective: 2 Difficulty: Easy 3) Identify the correct statement about marketing managementRead MoreProject Mgmt296381 Words   |  1186 Pages4 9.2 Building the team (.1.3) [3.5.3] [App G.2 Building teams] 9.4 Managing the team 9.3.2 Team building activities 9.2.4 Virtual teams 9.3.3.1 Team performance [9.4.2.2] 9.4.2.3 Conflict management 9.3.2.6 Recognition and awards Defining the Project 4.1 Project charter 5.1 Gather requirements 5.2 Defining scope 5.3 Creating a WBS 5.4 Tools and techniques 6.1 Define activities 9.1.2. Responsibility matrixes 10.1 Communication planning (.2.3.4) [App. G-4] Chapter 12 Outsourcing Read MoreManagement Course: Mba−10 General Management215330 Words   |  862 PagesSeventh Edition Cohen Harvard Business Review Finance Articles The Power of Management Capital Feigenbaum−Feigenbaum International Management, Sixth Edition Hodgetts−Luthans−Doh Contemporary Management, Fourth Edition Jones−George Driving Shareholder Value Morin−Jarrell Leadership, Fifth Edition Hughes−Ginnett−Curphy The Art of M A: Merger/Acquisitions/Buyout Guide, Third Edition Reed−Lajoux and others . . . This book was printed on recycled paper. Management http://www.mhhe.com/primis/online/ Read MoreCase Study148348 Words   |  594 Pagesthis since they reflect on how strategy might be seen and interpreted in different ways. †¢ Table 1. Using the text and cases with different participants No work experience 1. Typical groups Undergraduates Limited work experience Sandwich degree students, supervisory level, full-time MBA In chapter sequence Experienced managers Part-time MBA, incompany courses In chapter sequence (possibly highlighting of Chapters 12 and 15 earlier) Greater emphasis on ‘process issues’ and CommentariesRead MoreMarketing Management130471 Words   |  522 Pagesthe Marketing functions, American Marketing Association (AMA) defines marketing as â€Å"Marketing consists of those activities involved in the flow of goods and services from the point of production to the point of consumption. The AMA has since amended its definition to read as: â€Å"Marketing is an organizational function and a set of processes for creating, communicating, and delivering value to customers and for managing customer relationships in ways that benefit the organization and its stakeholders

Saturday, December 21, 2019

Middle Adulthood as a Twentieth Century Phenomenon in...

Middle Adulthood as a Twentieth Century Phenomenon in Western Culture Middle adulthood is a 20th century phenomenon in Western culture. In 1900, the average life expectancy was 47 years, but now life expectancy has increased- people are living longer and more professionals are studying life during this age period. Between the ages of 35-64, there are vast changes in many areas of their lives. Stress is anything that causes a change in your body. The most obvious changes related to lifestyle in middle-adulthood include: physical development and health, marital status, family, career and finances†¦show more content†¦The second phase, stage of resistance, is if the stress continues, the body adapts to the stressors. Changes at many levels take place in order to reduce the effect of the stressor. The stage of exhaustion is the last stage, where the bodys resistan ce to the stress may gradually be reduced. This means the immune system, and the bodys ability to resist disease, may be almost totally eliminated. People with long-term stress may succumb to heart attacks or severe infection due to their reduced immunity. The body gives signals to let one know he/she is experiencing stress. Stress may emanate from various sources and manifest in many behaviors such as sleep disturbances, depression, headaches and backaches, fluctuations in appetite, inability to concentrate, fatigue and exhaustion, etc. The key is to learn what triggers ones personal stress and practice techniques to create a balance. One of the major aspects of middle adulthood is the physical and biological changes that occur in the body. In general, concerns about health rises in the middle years, but some view physical development as being abrupt and stressful. Their thoughts about health often tend to be more negative than positive, expressing fears about future health, probab ly more because they experienceShow MoreRelatedYet, A Reading Of Deleuze’S Concept Of ‘Becomings’ Enable1292 Words   |  6 Pagesstage in her life. However as recent studies show girls are regulated by, yet rework and resist expectations to perform as agentic sexual subjects across a range of spaces. Dangerous being Already perceived as mysterious and unstable in numerous western discourse, the female figure represents a double threat when reaching the liminal space of adolescence. During this time, the young female leans between two polarized state: maturity and innocence. She experiences biological changes, inducing theRead MoreAging Society as Agents of Social Change Essay2064 Words   |  9 Pagesof growing old. Many people have tried to put a label on the trend. It has been called the â€Å"third-age†, â€Å"encore years†, and even referred to as the â€Å"second missionary journey†. This time of life that is being referenced is the period of late adulthood. Psychologists, such as Erik Erikson, have referred to this stage in life as a period of new identity. Throughout life, each new experience, each gain or loss, requires a reassessment of one’s identity. The idea of who am I, is often challengedRead MoreCritically examine sociological explanations for th e emergence and growth of religious sects in an apparently secular society.5615 Words   |  23 Pagescontentious title of new religious movements, because over the last fifty years, sects have become linked with brainwashing, mass suicide, and even a murder. One of the examples is the suicide of 900 members of the Peoples temple. Sects are not a new phenomenon and they have always attracted controversy. Throughout History, humanity has formed secret societies and secular groups to try to make sense of the world. Most of the time, their strong beliefs have sprung from dissatisfaction with mainstream religionsRead MoreTrobriand Islanders-Malinowski and Weiner10855 Words   |  44 Pagesahistorical time and space (the cosmological domain) (1976, 20). This distinction, she later observed, was an attempt to escape the connotations of two separate spheres constituted by terms like private/public or nature/culture (1986, 97). Rather than eschewing such invidious Western dichotomies her analysis ultimately reinforces them, by articulating them with another—eternal/historical. Such Eurocentric dichotomies typically presume that the private or domestic sphere is outside history (see JollyRead MoreCeramics: Pottery and Clay17443 Words   |  70 Pagesleads her to accomplish this project. ~the Author TABLE OF CONTENTS TITLE. â€Å"CERAMICS† DEDICATION ACKNOWLEDGEMENT TABLE OF CONTENTS INTRODUCTION CONTENT/BODY a. What is Ceramics? b. The History of Ceramics †¢ Asia †¢Persia and the ancient middle east. †¢Classical Greek and Roman †¢Africa †¢India †¢European †¢The Americas †¢Modern American Ceramics c. TYPES OF CERAMICS †¢Earthenware †¢Stoneware †¢Examples of whiteware ceramics †¢Porcelain †¢Classification of technical ceramics d. TYPES OF CERAMICRead MorePyschoanalytic Personalities Essay Notes9106 Words   |  37 Pagesit was a reaction to perceived helplessness or inferiority—a lashing out against the inability to achieve or master something. Adler’s next step was what he termed the masculine protest. He did not mean, however, that only boys experienced this phenomenon. During that period in history, it was culturally and socially acceptable to use the words femininity and masculinity as metaphors for inferiority and superiority. Adler believed that all children, by virtue of their relatively powerless and dependentRead MoreEssay about The Results of Children in Fatherless Homes16087 Words   |  65 Pagesfrom disrupted families are at a much higher risk for physical or sexual abuse. Contrary to popular belief, many children do not bounce back after divorce or remarriage. Difficulties that are associated with family breakup often persist into adulthood. Children who grow up in single-parent or stepparent families are less successful as adults, particularly in the two domains of life—love and work—that are most essential to happiness. Needless to say, not all children experience such negative effectsRead MoreStephen P. Robbins Timothy A. Judge (2011) Organizational Behaviour 15th Edition New Jersey: Prentice Hall393164 Words   |  1573 PagesBehavior 271 Understanding Work Teams 307 Communication 335 Leadership 367 Power and Politics 411 Conflict and Negotiation 445 Foundations of Organization Structure 479 v vi BRIEF CONTENTS 4 The Organization System 16 Organizational Culture 511 17 Human Resource Policies and Practices 543 18 Organizational Change and Stress Management 577 Appendix A Research in Organizational Behavior Comprehensive Cases Indexes Glindex 637 663 616 623 Contents Preface xxii 1 1 Read MoreStrategic Human Resource Management View.Pdf Uploaded Successfully133347 Words   |  534 PagesThus, with their perspective, there is recognition of the importance of having superior human resources. There is little doubt that organizations will need to invest heavily in their human resources in order to be competitive during the twenty-first century. Management scholar Edward Lawler has described these investment requirements as follows: To be competitive, organizations in many industries must have highly skilled, knowledgeable workers. They must also have a relatively stable labor force since

Friday, December 13, 2019

Commercial transactions essay Free Essays

Therefore, she has no duty of care to Frank and Beeline, while Douglas Pity Ltd, as a professional company has a duty of care to them. Sub Issue 1. 3 and 1. We will write a custom essay sample on Commercial transactions essay or any similar topic only for you Order Now 4: although Black was employed by Brown Co, it can be reasonably assumed that he wasn’t given actual authority to give advice to someone out of his accounting firm, nor was there any implied authority for Black to let him give advice on his employer’s behalf. By the way, it was reasonable to expect that Frank and Beeline would act on Black, a professional accountant’s advice to sign the purchase contract. Therefore Black has a duty of care o Frank and Beeline, but Brown Co does not. Issue 2 Sub Issue 2. 1 and 2. 2: Frank and Beeline cannot sue Marie, but they can make an action against Douglas Pity Ltd. If they can prove that Marie has provided negligent misstatement about the motel business, such as phone call records, they can ask Douglas Pity Ltd to pay part of their losses. They also need to prove that Douglas Pity Ltd has breached their duty of care to them. Sub Issue 2. 3 and 2. 4: When everything was ready Frank said that they could not sign the contract unless Black gave them advice to sign it. Black, a professional accountant indicated them to do so. Therefore, Brown Co is not liable for Frank and Bellini’s damage, but Black is, because Black has breached his duty of care to Frank and Beeline. CONCLUSION Under the tort of negligence, both Douglas Pity Ltd and Black are liable for Frank and Bellini’s losses. Frank and Beeline can sue them and if they can prove that Douglas and Black had given negligent misstatement about profitability of the motel business. For instance, Frank and Beeline need to provide evidence that Black had given unachievable occupancy rate of the motel. However, Frank and Beeline cannot themselves and they were not entirely relying upon Blacks advice. For example, Frank and Beeline didn’t enquire Black whether the occupancy rates given by him was practical or not. Overall, the chance of successfully getting remedies from Black is the largest, while there is also a reasonable chance to win the case against Douglas Pity Ltd. Frank and Beeline can expect to recover $ 15000 from Douglas Pity Ltd, $ 25000 from Black, but the remaining part of their loss, approximately $ 35000 are their own liabilities. By the way, it would be very difficult for Frank and Beeline to receive any remedy from Marie and Brown Co even if they chose to sue them. How to cite Commercial transactions essay, Essays

Thursday, December 5, 2019

Common Law Chinese Economy

Question: Describe about the Common Law for Chinese Economy. Answer: Solution 1 Issues The main issues as per the given facts are: Can Max be held liable for the unpaid debt of Shifty Seller Pty Ltd? Can Betty be liable for repayment of the $500,000 loan to Eastpac Bank Ltd? If Betty has breached the Corporations Act 2001 (Cth), what are the legal consequences under the Act? Relevant Law Under common law, every company must honor the contract which is undertaken by its agent in his authority. An agent can have actual or apparent authority. The authority which is expressly or impliedly construe upon an agent is an actual authority and the authority which is acquired by an agent by appearance is called apparent authority.[1] Normally, a director can bind the company by his actions provided he is acting collectively as a board or when he is authorized to undertake the actions. However, the main question is whether the company is bound by the actions of its officers which are outsider their usual scope of authority. In such situations the common law rule of Indoor Management (IMR) applies. In Royal British Bank v Turquand[2] IMR was established according to which an outsider who is dealing with the company in good faith and on the belief that the officer with whom he is dealing has all the requisite authority to bind the company by his actions and all internal procedures are met, then, any contract made by such an outsider with such company officer is binding upon the company. In Northside Developments Pty Ltd v Registrar-General[3], it was submitted by High Court that it is necessary that protection must be provided to innocent lenders who are dealing with the officers of the company in good faith. But, no outsider can protect his interest by relying on IMR if: If the outsider is aware of the defect of the officer of the company with whom he is dealing; or If the outsider can acknowledge himself of the truth of the matter by putting into some enquiry which is reasonable in nature. If no basic investigation is carried on by an outsider with the help of which the defect would have been known then the rule will not apply. Further, as per corporation Act 2001, there are two important provisions which prevail which are important to analyze in order to resolve the issue. Section 9 of the Act defines a director as a person who though not described as a director but is positioned as a director and includes shadow director, de facto director[4]. Also, every other director, or company secretary or a decision make, etc are considered as co-directors of the company[5]. Section 198 A of the Act submit that the directors of the company has power to bind the company under its actual or apparent authority and is held in Howard Smith Ltd v Ampol Ltd (1974). Section 129 grants power to an outsider to assume that all the actions of the internal management of the company must have been comply with; that the officer of the company has requisite authority to bind the company; that an agent which is held out has an apparent authority; that all the documents are executed as per law if the same are signed by the officers of the company[6]. Section 128 of the Act submit that no outsider has authority to rely on the assumptions which are laid down in section 129 if such outsider is aware of the fault or has reasonable doubts that the assumption so raised will be incorrect. Also, every company director is the guiding force of the company and thus imposed with several duties and responsibilities which must be cater by him in all situations and circumsttbces. Some of the duties which are lay down in the Act are: As per section 181 every director should act in good faith and in the best interest of the colony and for proper purpose. As per section 180 every company director must Act will all due care and diligence and is held in Re City Equitable Fire Insurance Co Ltd (1925). The level of care is also imposed on non-executive directors and is held in Daniels v Anderson (1995)[7]. However, if the actions of directors are undertaken in good faith, proper purpose, no material personnel interest and have rational belief of company interest then as per section 180 (2) a defuse can be sought by a director (ASIC v Adler (2002). As per section 182, the director should not misuse his position ( R v Byrnes (1995)). As per section 588G, no director should be involved in insolvent trading, that is, no director should involve in any actions which results in insolvency of the company and is held in In Tourprint International Pty Ltd v Bott (1999) Powell v Fryer (2001): Violation of duties may involve penalties: Violation of section 180 (1), 181, 182, 183 involves civil penalty which comprises of compensation, fine or disqualification and is held in ASIC v Vizard (2005). As per section 588G (2), a civil penalty can be imposed for the violation of section 588G, a director can be disqualified. If the director has acted with dishonest intention then he can be imprisoned for 5 years and can be fined up to $ 340,000. Application of Law The law is now applied to the facts of the case. Alex is the MD of SMART. He accepted an order of $100,000 from Max (the director of Shifty) for the supply of steel cables. The order was delivered on credit but Shifty failed to pay for the steel cables. Shifty went into liquidation without paying anything to Smart. It is submitted that Max was the director of Shifty and thus acquires an actual authority in common law. Further, a company director is normally authorized to take decisions and make contracts on behalf of the company. Whenever a company officer make sa contract with an outsider In the given situation Alex made a contract with an outsider (Max) on behalf of Smart. The contract made by Alex will be binding upon Smart by applying IMR provided he is dealing with Max in good faith and on a belief that Max has all the requisite authority to bind his own commonly (shifty) by his actions. But, in the given situation, Alex cannot sue Max by relying on IMR as Max was well known as a bad credit risk within the engineering industry, including by Alex. Alex could have known the defect of Maxs actions by putting on a general inquiry. However, no actions were undertaken by Alex. So, by applying the exception to the IMR, Alex cannot sue Max. Further, Alex borrowed $500,000 from Eastpac Bank ltd on behalf of Smart to expand the business into China. The cash reserve of the company was very low when the loan was taken and suffered a loss for the past 6 months. Betty also signed the loan as a director despite feeling that Smart has some difficulty paying its bills. In such situation, it can be submit that, the Bank, being an outsider can rely on the assumptions raised under section 129, that is, all the internal management of the company are comply with and the officers who are acting on behalf of the company has authority and capability to bind the company by their actions. There was no reason to believe that there exits any fault or any doubt that the assumptions so raised are not valid. Thus, the bank can surely sue the directors of Smart, both Alex and Betty, for the loan amount. Also, Both Alex and Betty has violated several directorial duties, such as, section 180 and 181 as when they took loan from the bank then they did not acted in good faith and in the best interest of the company due care and diligence was applied as many expert commentators did warn that the Chinese economy is slowing after the boom of the last decade. Also, section 182 and section 588G were violated s they have misused their position to taken loan from the bank when the financial position of the company was not good, for instance, a cheques issued by Smart to pay its electricity bill was bounced. Thus, both Alex and Betty must be imposed with heavy penalties. Conclusion Alex cannot sue Max as the exception to IMR will apply as no inquiry was undertaken by Alex which could have depicted the irregularity of Max. The Bank can sue both Alex and Betty for the loan amount as the loan was undertaken by them by representing the company and under their authority and the loan was provided by relying on the assumption lay down in section 129 of the Act. Since both Alex and Betty has violated section 180-182 and section 588G of the Act thus they must be imposed with civil penalties. Criminal penalties scan only be imposed when the violation is done with dishonest intention. Reference List ASIC v Adler (2002). Amcor Ltd v Barne Ors (2012). ASIC v Vizard (2005). Corporate Affairs Commission v Drysdale (1978). Daniels v Anderson (1995) Freeman and Lockyer v Buckhurst Park Properties (1964). Harris, Hargovan Adams, Australian Corporate Law (5th ed, 2016). Howard Smith Ltd v Ampol Ltd (1974). In Tourprint International Pty Ltd v Bott (1999) Northside Developments Pty Ltd v Registrar-General (1990) Powell v Fryer (2001). Royal British Bank v Turquand (1856). R v Byrnes (1995). Re City Equitable Fire Insurance Co Ltd (1925)