Point paper

A program is a progression of steps to be done for objectives to be cultivated. As it were it is the gathering of exercises coordinated towards accomplishing characterized destinations and targets. An intended interest group is a gathering of individuals that are focused by business association, publicizing effort and so forth for engaging there product.Waterfront work requires well information in regard of assurance of boat and security of condition. It additionally included as how to keep away from fire risk, forestall erosion and electrolysis, follow safe strategies during energizing and so on. So treatment of every one of these exercises require well outfitted information with the working of waterfront. In this manner, from the above focuses unmistakably the situation of individual filling in as a waterfront is profoundly specialized and unsafe as individual is consistently play with his life while playing out any of his duties.A test case program incorporates the creation and ut ilization of new business partner characterization. This program assists with recognizing diverse class of individuals based on specific variables. There is loads of degree in waterfront work as there is developing enthusiasm for this field and new thoughts are creating regular. The course according to this attempts a long apprenticeship preparing which makes the individual master in his field and to confront any troublesome conditions. The people experiencing this preparation are in incredible interest because of their exceptional element of employment and furthermore give them chance to develop large in the particular business. It is engaging youthful people groups who are gutsy in nature and consistently prepared to face the challenge. The activity gives bunches of extension to advancement in their field to members.If an individual needs to develop his situation into enormous and incredible, waterfront work give a great deal chance to accomplish the objective. The individual hold ing the situation as waterfront is in extraordinary interest because of capacity performed by Waterfront wellness Specialist working with different boats is to give wellness help to physical program.As expressed in the inquiry that less people are continuing preparing under this territory. His demonstrates that the activity isn't greatly engaged or focused yet takes in him massive extension for drawing in increasingly more individual for preparing. The entirety of cash got in this activity is extremely attractive because of its dangerous conduct however this unique element assists with expanding the individuals for preparing. The situation of waterfront is prior found in west coast yet as of late east coast are additionally effectively included for preparing position. The individuals are increasingly getting mindful of the benefit of score in separate field comes to experience training.The individual going about as a coach to pull in an ever increasing number of people in this activ ity around the globe an individual is required a multi year degree from approved college with a significant in practice physiology, physical instruction or related field. Must have ebb and flow wellness confirmation like (American College Sports Medicine (ACSM), Cooper Institute of Aerobic Research, National Strength and Conditioning Association, American Exercise Council (ACE) or other broadly perceiving ensuring offices. Top to bottom information on the standards of preparing to be conferred is required. Capacity to perform support and minor fixes of wellness hardware are broad oral and composed correspondence skills.There is parcel of extent of this course in college and universities as youthful people groups concentrate there and continually ready to face challenge at any expense. The cash in this activity is very attractive; this will drag the consideration of understudies. Accordingly it is fruitful to dispatch this temporary job program in the colleges because of new conditio n and energetic way. The entry level position program timeframe is long and extremely profound reasonable information is granted to the people. With this preparation they become very sure to take their errand in powerful way. Therefore, it is effectively infer that starting of preparing program in colleges and universities is very fruitful by hauling consideration of most extreme quantities of individual for training.Generally the organization granting temporary job program enlist similar people whom they give preparing by giving viable occupation as indicated by their region of intrigue. So they coach can tap the assets from nearby colleges and schools by set up an entry level position program in the grounds of college and employing them for work increment the staff in the individual field. With the entry level position program it is conceivable to choose people after their program is finished and put qualified people on the zones and ships. The understudies finished their graduati on can pick this preparation at their own grounds and in the wake of keeping the predetermined expenses. The giving of preparing at college and school grounds is extremely shrewd choice to tap the youthful ability in this field which is rising field. This gives huge assistance to understudies who doesn’t realize somewhat about this preparation and course, so it is advantageous for them to take profound information on the course.Therefore, the previously mentioned program is monstrously useful to the whole newcomer attempting to take any such entry level position preparing or program. The achievement is ensured of giving preparing to understudies via mentor by its one of a kind element and newness of the activity. So the choice to bestow preparing for waterfront work is exceptionally right and very successful.REFRENCEReferred to destinations:- 1.â http://www.baycrossings.com/Archives/2001/10_November/working_waterfront.htmWorking        WaterfrontDated nineteen th September 2007

Wound Healing free essay sample

Phases of Healing How Do Wounds Heal? Research take a shot at intense injuries in a creature model shows that injuries recuperate in four stages. It is accepted that interminable injuries should likewise experience a similar essential stages. A few creators join the initial two stages. The periods of wound recuperating are: * Hemostasis * Inflammation * Proliferation or Granulation * Remodeling or Maturation Hemostasis: Once the wellspring of harm to a house has been evacuated and before work can begin, utility laborers must come in and top harmed gas or water lines. So too in wound recuperating harmed veins must be fixed. In wound mending the platelet is the cell which goes about as the utility laborer close the harmed veins. The veins themselves choke in light of injury however this fit at last unwinds. The platelets discharge vasoconstrictive substances to help in this procedure yet their prime job is to shape a steady coagulation fixing the harmed vessel. We will compose a custom paper test on Wound Healing or then again any comparative subject explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page Affected by ADP (adenosine diphosphate) spilling from harmed tissues the platelets total and hold fast to the uncovered collagen. They additionally discharge factors which collaborate with and invigorate the natural thickening course through the creation of thrombin, which thusly starts the development of fibrin from fibrinogen. The fibrin work fortifies the platelet total into a stable hemostatic attachment. At long last platelets likewise emit cytokines, for example, platelet-inferred development factor (PDGF), which is perceived as one of the primary variables emitted in starting resulting steps. Hemostasis happens close to the underlying injury except if there are basic thickening issue. Irritation Phase: Clinically aggravation, the second phase of wound mending presents as erythema, growing and warmth regularly connected with torment, the exemplary â€Å"rubor et tumor cum calore et dolore†. This stage for the most part endures as long as 4 days post injury. In the injury recuperating relationship the primary employment to be done once the utilities are topped is to tidy up the garbage. This is work for non-talented workers. These non-talented workers in an injury are the neutrophils or PMN’s (polymorphonucleocytes). The provocative reaction makes the veins become cracked discharging plasma and PMN’s into the encompassing tissue. The neutrophils phagocytize trash and microorganisms and give the primary line of guard against disease. They are helped by nearby pole cells. As fibrin is separated as a feature of this tidy up the debasement items draw in the following cell included. The assignment of modifying a house is unpredictable and expects somebody to coordinate this movement or a contractual worker. The cell which goes about as â€Å"contractor† in wound mending is the macrophage. Macrophages can phagocytize microbes and give a second line of guard. They additionally emit an assortment of chemotactic and development factors, for example, fibroblast development factor (FGF), epidermal development factor (EGF), changing development factor beta (TGF-__ and interleukin-1 (IL-1) which seems to coordinate the following stage. Proliferative Phase ( Proliferation, Granulation and Contraction): The granulation stage begins roughly four days in the wake of injuring and for the most part goes on until day 21 in intense injuries relying upon the size of the injury. It is described clinically by the nearness of pebbled red tissue in the injury base and includes substitution of dermal tissues and now and again subdermal tissues in more profound injuries just as withdrawal of the injury. In the injury recuperating relationship once the site has been freed from garbage, under the bearing of the temporary worker, the designers move in to fabricate the structure of the new house. Sub-temporary workers would now be able to put in new pipes and wiring on the system and siders and roofers can complete the outside of the house. The â€Å"framer† cells are the fibroblasts which discharge the collagen system on which further dermal recovery happens. Particular fibroblasts are liable for wound compression. The â€Å"plumber† cells are the pericytes which recover the external layers of vessels and the endothelial cells which produce the covering. This procedure is called angiogenesis. The â€Å"roofer† and â€Å"sider† cells are the keratinocytes which are answerable for epithelialization. In the last phase of epithelializtion, contracture happens as the keratinocytes separate to frame the defensive external layer r layer corneum. Redesigning or Maturation Phase: Once the fundamental structure of the house is finished inside completing may start. So too in wound fix the recuperating procedure includes redesigning the dermal tissues to create more prominent elasticity. The rule cell associated with this procedure is the fibroblast. Redesigning can take as long as 2 years in the wake o f injuring and clarifies why evidently recuperated wounds can separate so drastically and rapidly if consideration isn't paid to the underlying causative variables.

Foundations of Marketing

Foundations of Marketing Foundations of Marketing Home›Marketing Posts›Foundations of Marketing Marketing PostsThe CIO website is about new technologies and how they affect business and private lives. The website has several pages that give information about diverse topics. These are topics such as breaking news in the world of technology, advertised information technology jobs, emerging trends and pullouts from the CIO magazine. The website is colorful, easy to use and is highly interactive. It has a blog which provides information and gives registered users a chance to put forward their opinions.The website is highly functional and has graphical slides that move across the screen in slow motions. These slides enable the viewer to read bits of catchy information at a glance. The interesting nature of the slides makes it hard for the viewer not to click and read more for further information. In addition to the slides, there are other pages that enable a user to listen to previously recorded debates and interviews regarding technology.In keeping up with the latest technological trends, the website even allows some of its staff to post messages to the homepage through social media sites like twitter. This facilitates quick and easy updates which in turn makes the site particularly relevant. Furthermore, a user can link a page or article that they find appealing to their social media site, and thus make the document viewable by many other people. As if that was not enough, ardent fans of the website can follow it or access it through twitter, facebook, linked in and other social media websites.The website is not only accessible via computer and has a mobile phone view. This means that a user can access the CIO website from any place through their mobile phones. The users can, therefore, receive news from the website in real time. Users of the site can even subscribe for the newsletter, which is a weekly publication. The information on the website is disseminated in different forms. T hese forms include written word, graphs, diagrams, sound and videos. The website also provides numerous links to other related stories from different websites. The links are particularly entertaining and ensure that the readers of the website are constantly up-to-date with the latest cutting edge technology. The magazine also generates a list of one hundred companies that are technologically adept, and use their technologies to deliver business value. The website explains the judging criteria used in generating the list and the process. The use of relevant technology in business creates a competitive advantage, leads to optimization of business processes, and improves the staff and customer morale.This website is a resource that is almost free to users. They only pay a meager internet connection fee. The major source of funds comes from the advertisers who pay to have their brands advertised on the website. Most of the advertised brands on the website are technology, and software pr oviders whose products target the business world. Some of the advertisements are from companies like Trend Micro, Avaya, CA technologies and twitter. There are a lot of benefits that accrue to a business which advertises itself on the CIO website. First, the company’s brand image is improved by advertising in the world-renowned magazine. It also increases brand visibility and, hence, boosts sales.The most remarkable issue for an advertiser to determine before advertising on a website is his desired target audience. The CIO magazine is targeted at young professionals and mid-size companies in the technological and business fields. The advertisers must, therefore, aim at reaching such a lot when advertising their products on the CIO website.

Judicial Commentary - Free Essay Example

Sample details Pages: 12 Words: 3650 Downloads: 4 Date added: 2017/06/26 Category Law Essay Type Essay any type Did you like this example? RECENT JUDGEMENTS ON THE ISSUE OF CORPORATE PERSONALITY PARTICULARLY IN THE GROUP CONTEXT SHOW STRONG AND CONTINUED SUPPORT FOR THE IDEA OF SEPARATE CORPORATE PERSONALITY. DISCUSS One of the consequences of incorporating a limited liability company is that it becomes a separate legal entity. This means that it is has a separate and distinct personality from the members of the company, and so becomes a person in a legal sense.[1] Thus the company bears its own liabilities and debts separate from the shareholders and has rights and duties.[2] The principle of the separate personality of a company was discussed at length in the case of Salomon v. Don’t waste time! Our writers will create an original "Judicial Commentary" essay for you Create order A Salomon,[3] where Lord Macnaghten stated: à ¢Ã¢â€š ¬Ã…“à ¢Ã¢â€š ¬Ã‚ ¦The company is at law a different person altogether from the subscribers to the memorandum; and, though it may be that after incorporation the business is precisely the same as it was before, and the same persons are managers, and the same hands receive the profits, the company is not in law the agent of the subscribers or trustee for them. Nor are the subscribers as members liable, in any shape or form, except to the extent and in the manner provided by the Act.à ¢Ã¢â€š ¬Ã‚ [4] Consequently, the fact that one person owned all or majority of the shares of the company did not make that person the sole owner of the business in the eyes of the law. This was emphasized in the Salomon case when Lord Macnaghten stated: à ¢Ã¢â€š ¬Ã…“I cannot understand how a body corporate thus made capable by statute can lose its individuality by issuing the bulk of its capital to one person, whether he be a subscriber to the memorandum or not.à ¢Ã¢â€š ¬Ã‚ [5] In the case of Lee v Lee Air Farming Ltd,[6] Lord Morris made it clear that it was possible for an individual to enter into a contract with his own company. The judge stated that if the company was accepted to be a separate legal entity, then there was no reason to challenge the validity of any contract between the company and another individual, even if that individual was its majority shareholder. It was the judgeà ¢Ã¢â€š ¬Ã¢â€ž ¢s view that control would in fact remain with the company regardless of whoever the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s agent was. Therefore, as a separate entity, the company can own property which would belong solely to it and not to its members. Neither a member of the company or a creditor has any interest in that property.[7]The company as a legal personality does not hold the property in trust for the shareholders.[8] They simply have no right to it. The aim of this discussion is to look at the separate leg al personality theory in terms of groups of companies and discover what the attitude of the courts is with regard to the theory and group companies. The first step in this will be identifying the exception to this theory, which is described as lifting the corporate veil, when it can be used and the attitude of the courts to this theory in past case law. Moving forward, the application of the principle and its exception will looked at from an international point of view. Finally, the discussion will focus on groups of companies with the aid of case law and an analysis will be made about the recent stance of the courts regarding the theory. Under certain circumstances, it is possible for the courts to look behind the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s framework or separate personality to make the members of the company liable for a wrongdoing. This process is referred to as à ¢Ã¢â€š ¬Ã‹Å"lifting the corporate veil.à ¢Ã¢â€š ¬Ã¢â€ž ¢[9] In as much as the corporate veil saves shareholders f rom liability by separating them from the company, it also makes it possible for them to hide behind the corporate veil in order to defraud creditors.[10] It has been suggested that the corporate veil would be lifted by the courts if there was evidence of fraud.[11] In the past, the UK courts have been criticized for showing little reluctance in lifting the corporate veil.[12] An example of this is in the case of Daimler Co Ltd v. Continental Tyre and Rubber Co (Great Britain) Ltd[13] where the Continental Tyre company sued Daimler company for debts owing. The tyre company was incorporated in the UK but all except one of its shareholders were German residents. All the directors of the company also lived in Germany. The issue was whether the company had the right standing in England to sue and recover a debt when there was an ongoing war between Britain and Germany at the time. The tyre company was allowed to sign a summary judgment which was appealed, and Lord Reading, while affi rming the previous decision, emphasized that once a company was formed and registered under the Companies Act, it had a real existence with rights and liabilities as a separate legal entity. It was a different person altogether from the shareholders on the register therefore if the appellants were to succeed then the debt owed would be payable to the shareholders and not to the company. However, a debt due to the company was not a debt due to the shareholders. The House of Lords reversed this decision and Lord Parker stated that while no one could deny the separate legal existence of a company, the character of the members of the company was not irrelevant to the character of the company. As much as a natural person could have enemies, the company as a legal person could also have enemies. He went further to state that the acts of a companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s organs, directors, managers and so forth were the acts of the company and may invest in it enemy character. The differe nce between the approach of the Court of Appeal and the approach of the House of Lords is noticeable in this case. The idea of a company having a separate legal personality is popular in the sense that it retains a personality different from that of its shareholders. Therefore as an artificial creation of law, it also retains the nationality of the place in which it was incorporated.[14] It seems a bit arbitrary that a company is given the characteristics of its shareholders if as a limited liability, it has been separated from them in the first place. A very recent case which shows support for attributing the character of shareholders to the company is the United States case of Burwell v. Hobby Lobby Inc.[15]The United States Supreme Court held that closely held corporation owners could be exempted from a law based on their religious beliefs if there was a less obstructive method of promoting the lawà ¢Ã¢â€š ¬Ã¢â€ž ¢s objective. In this case, the owners of Hobby Lobby Inc. refu sed to provide contraception for their female employees because of their religious beliefs. The basis of this decision was to extend rights to corporations to protect the rights of the people connected with the corporation including its shareholders.[16] In recent times however, the courts have been less willing to lift the corporate veil. In the case of Prest v. Petrodel Resources,[17] Mr Prest owned a network of offshore companies over which he exercised total management control. The business of those companies was originally limited to owning various residential properties, including the matrimonial home he shared with his wife, but later the companies were used in his business. When their marriage failed Mrs Prest made a claim under sections 23 and 24 of the Matrimonial Causes Act 1973 for financial assistance based, in part, on the value of the real estate owned by that network of companies. Mr Prest argued that he was not entitled to those properties and refused to comply w ith orders for full disclosure as to his assets. In giving their judgement, the Supreme Court laid down the appropriate situations in which the corporate veil could be lifted. Lord Sumption found that in the case of piercing the corporate veil, it was only cases which were true exceptions to the separate legal personality rule, where a person who owned and controlled a company could be said in certain circumstances to be identified with it in law by virtue of that ownership and control. He went further to state that in civil law jurisdictions, the juridical basis of lifting the corporate veil is generally the concept of abuse of rights, where the veil could be lifted in cases of misuse, fraud, malfeasance or evasion of legal obligations. The broader principle in English law however, was that the corporate veil may be pierced only to prevent the abuse of the corporate legal personality. The abuse could be the use of a company to evade the law or to frustrate its enforcement. Th e court may then pierce the corporate veil for the purpose, and only for the purpose, of depriving the company or its controller of the advantage that they would otherwise have obtained by the companys separate legal personality. The separate legal personality principle has also been applied internationally. In Rayner v Department of Trade and Industry,[18] the International Tin Council was a United Nations international organisation established by a treaty to regulate the tin market and it had various member states as shareholders. The tin market got into difficulty and the contracts which were made could not be honoured. It was held that that the International Tin Council had a legal personality separate and distinct from its members and that under the common law the members of the Tin Council had no liability for the contracts made. Internationally, fraud seems to be the motivating factor for several countries in applying the principle and its exception. In Germany, lifting the veil is known as breaching the walls of the corporation, [19]and it is applied where a sole shareholder has failed to distinguish between his private assets and the assets of the company and has gained a benefit from that.[20] The principle is however limited to situations where the actions of the shareholder has rendered it impossible for creditors to obtain satisfaction of debts from the companyà ¢Ã¢â€š ¬Ã¢â€ž ¢s assets.[21] There is also the issue of undercapitalization where a shareholder gives a loan to the company and actually receives payment on that debt from the company. Fraud is also present in other Civil Law jurisdictions like France and Argentina, and an example of fraud is in one man companies. This type of company is treated as fictitious on the basis that that a company is treated as a contract, and plurality is an important element of contract law, thus a company which is made up of one man lacks the element of a contract and is therefore fictitious.[22] Al so the concept of fraud in terms of companies is used to solve problems arising from a company being used as a shelter to evade contractual obligations towards third parties.[23] There have been times where the UK courts have ignored the corporate veil completely because of fraud. This usually happens when a company has been set up as a means to defraud creditors or other bodies, and is operating as a faÃÆ' §ade or a sham. The illustration of this principle is in the case of RE Darby, ex parte Brougham.[24] Darby and Gyde, two undischarged bankrupts with convictions for fraud registered a company called City of London Investment Corporation Ltd (LIC) in Guernsey. It had seven shareholders and issued  £11 of its nominal capital of  £100,000. They were the only directors and entitled to all profits. The company then registered another company in England called Welsh Slate Quarries Ltd, for  £30,000. It bought a quarrying licence and plant for  £3500 a nd sold it to the new company for  £18,000. The prospectus invited the public to take debentures in the new company but failed to mention the names of the two incorporators or the fact that they would receive the profit on sale. The new company failed and went into liquidation. The liquidator claimed Darbyà ¢Ã¢â€š ¬Ã¢â€ž ¢s secret profit, which he made as a promoter. Darby objected that the first company had been the promoter of the second and not him. The court held that they had incorporated the company in order to perpetrate a fraud. They acted through the company in order to make a profit, which is why they concealed their identity as the promoters of the new company so they could hid behind the separate personality of the old company.[25] When the principle of a separate legal entity is applied to group companies, every member in a group of companies has a separate identity and in the same vein they are separated completely from their shareholders, whether the shareh older is a private person or a holding company. Thus a holding company cannot control the documents of its subsidiary.[26] The UK Companies Act 2006 defines a group of companies as a parent undertaking and its subsidiary undertakings.[27] Accordingly, one company runs as the head, or holding company and runs a number or legally separate companies which make up the group.[28] However, the application of the separate legal entity principle to cases involving liability in group companies has not always been straight forward. Judges have previously relied on tools like agency[29] or the fact that group companies can be regarded as a separate legal entity in order to lift the corporate veil. In DHN Food Distributers Ltd v. Tower Hamlets London Borough Council,[30] the courts were willing to treat a parent company and its subsidiary as a single economic entity. In giving his judgement, Lord Denning stated that when a parent company owned all the shares of the subsidiaries, it could contro l their every movement. These subsidiaries are then bound hand and foot to the parent company and must do just what the parent company says. A second example is in the case of Re FG (Films) Ltd,[31] where the courts were willing to create an agency relationship between a British subsidiary and its American shareholder in order to lift the corporate veil. By the terms of an agreement between the two companies, the American company had undertaken to finance the making of a film by the British subsidiary. The film was held to be an American film and therefore was not registered as a British one. The basis of this agency relationship used by the courts is that the à ¢Ã¢â€š ¬Ã‹Å"principalà ¢Ã¢â€š ¬Ã¢â€ž ¢ (controlling shareholder or holding company) had induced the à ¢Ã¢â€š ¬Ã‹Å"agentà ¢Ã¢â€š ¬Ã¢â€ž ¢ (the company or subsidiary) into acting according to their directions, and therefore the act of the à ¢Ã¢â€š ¬Ã‹Å"principalà ¢Ã¢â€š ¬Ã¢â€ž ¢ was the act of the company.[32] The introduction of a single economic entity in group companies has actually been met with a negative response.[33] Industrial Equity v. Blackburn[34] has found that the principle works to prevent a holding company from handling a subsidiaryà ¢Ã¢â€š ¬Ã¢â€ž ¢s profits as its own. The Australian High Court went further to state that in the absence of a contract creating some additional right, the creditors of company a subsidiary company within a group, could only look to that company for payment of their debts. They could not look to the holding company, for payment. Also, in Woolfson v. Strathclyde Regional Council,[35] the House of Lords refused to follow the ruling in DHN Food Distributers Ltd v. Tower Hamlets London Borough Council and Keith L.J affirmed that the only reason to pierce the corporate veil would be where a company was operating as a faÃÆ' §ade. He stated that in the DHN Foods case, the company that owned the land was the wholly-owned subsidiary of DHN who was in con trol of anything which might affect the business. In the Woolfson case however, the company had no control over the owners of the land thus Woolfson was not entitled to any compensation. Generally, it seems the courts are leaning towards the application of the separate legal entity principle but with a number of reservations. In Adams v Cape Industries,[36] the Court of Appeal looked at the instances of agency, the group as a single economic entity and the subsidiary company used as a faÃÆ' §ade for the parent company. The court stated that there was no justification for lifting the corporate veil using the tool of agency, Slade LJ stated that there was no presumption of agency, neither was there one that the subsidiary was the parent companys alter ego. On the issue of groups being a single economic unit, the judge stated that there is no general principle that all companies in a group of companies are to be regarded as one. Quite to the contrary, the fundamental principle wa s that each company in a group of companies is a separate legal entity possessed of separate legal rights and liabilities[37] the judge went further to state that the corporate veil could only be lifted in the case where the company was operating as a faÃÆ' §ade or a sham. The effect of this was summed up by Templeman L.J. in the case of Re Southard Co Ltd[38] where he stated: à ¢Ã¢â€š ¬Ã…“A parent company may spawn a number of subsidiary companies, all controlled directly or indirectly by the shareholders of the parent company. If one of the subsidiary companies, to change the metaphor, turns out to be the runt of the litter and declines into insolvency to the dismay of its creditors, the parent company and the subsidiary companies may prosper to the joy of the shareholders without any liability for the debts of the insolvent subsidiary.à ¢Ã¢â€š ¬Ã‚ [39] It would seem that the general position on lifting the veil for group companies is that the courts will not fin d holding companies liable for the acts of their subsidiary, however, the position is still in dispute. In the case of Millam v The Print Factory,[40] the employees of a wholly-owned subsidiary were found to be the employees of the holding company because the activities of the subsidiary company were so integrated with those of the holding company that the two companies were considered as a single entity. Although the companies were separately registered, the holding company paid the wages of the subsidiaryà ¢Ã¢â€š ¬Ã¢â€ž ¢s staff, managed their pension scheme and actually combined some of their meetings. Also in the case of Beckett Investment Management v. Hall,[41] a restrictive trade contract was held to include a holding company and its subsidiaries because Considering, it is submitted that the UK courts have previously taken a very eager view of lifting the corporate veil. It comes from the fact that there should be accountability where corporations are involved. The lim ited liability is in place to protect the shareholder, though, the very same people it protects have also come up with a way to abuse it by hiding behind it whenever it suits them. It should however be stated that creating a way for courts to go poking behind corporate veils has the disadvantage of making the law very uncertain, which seems to be the direction the courts have taken in terms of their recent decisions. It is submitted that the idea of a separate legal personality keeps the image of a corporation intact to enable it to carry on business, and the aim of the courts in lifting or piercing the corporate veil should be to protect the company. Thus in as much as the shareholders or the directors of a corporation might be personally liable for debts owed to creditors, the reach of the court should be to point Basically that doctrine exists in order to preserve the principle of limited liability. It is concerned with the rights of creditors in the context of company law. 1 [1] Salomon v. Salomon [1897] AC 22 [2] Len Sealy Sarah Worthington, Sealys Cases and Materials in Company Law (9th edn, Oxford University Press 2010) pg. 32 [3][1897] AC 22 [4] Lord Macnaghten, Salomon v. Salomon [1897] AC 22 [5] ibid [6][1961] AC 12 [7] Macura v. Northern Assurance Co. [1925] AC 619 HL [8] JJ Harrison (Properties) Ltd v. Harrison [2001] EWCA Civ 1467, [2002] 1 BCLC 162 [9] Len Sealy Sarah Worthington, à ¢Ã¢â€š ¬Ã…“Sealys Cases and Materials in Company Lawà ¢Ã¢â€š ¬Ã‚  (9th ed, Oxford University Press 2010) pg. 53 [10] RE Darby, ex parte Brougham [1911] 1 KB 95 (Kingà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bench Division) [11] Ottolenghi S, à ¢Ã¢â€š ¬Ã‹Å"From Peeping Behind the Corporate veil to Ignoring it Completelyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1990) 53 MLR 338 pg.338 [12] Cohn EJ and Simitis C, à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã…“Lifting the Veilà ¢Ã¢â€š ¬Ã‚  in the Company Laws of the European Continentà ¢Ã¢â€š ¬Ã¢â€ž ¢ 12 International Comparative Law Quarterly 189 pg.219 [13] [1916] 2 AC 307 [14] Gasque v. IRC [1940] 2 KB 80 (Kingà ¢Ã¢â€š ¬Ã¢â€ž ¢s Bench Division) [15] [2014] 573 U.S__ [16] The Dictionary Act defined persons to include corporations and the Religious Freedom Restoration Act, 1993 extended religious freedoms to all à ¢Ã¢â€š ¬Ã‹Å"persons.à ¢Ã¢â€š ¬Ã¢â€ž ¢ [17] [2013] UKSC 34 [18] [1990] 2 AC 418 [19]Cohn EJ and Simitis C, à ¢Ã¢â€š ¬Ã‹Å"à ¢Ã¢â€š ¬Ã…“Lifting the Veilà ¢Ã¢â€š ¬Ã‚  in the Company Laws of the European Continentà ¢Ã¢â€š ¬Ã¢â€ž ¢ 12 International Comparative Law Quarterly 189 [20] Ibid pg.191 [21] Ibid [22] Ibid pg. 842 [23] Ibid pg. 844 [24] [1911] 1 KB 95 (Kings Bench Division) [25] The legislative basis for the holding in this case can be found in section 213 of the Insolvency Act, 1986 [26] Lonrho v Shell [1980] 1 WLR 627 [27] Section 474, UKà ¢Ã¢â€š ¬Ã¢â€ž ¢s Companies Act, 2006 [28]Collins H, à ¢Ã¢â€š ¬Ã‹Å"Ascription of Legal Responsib ility to Groups in Complex Patterns of Economic Integrationà ¢Ã¢â€š ¬Ã¢â€ž ¢ 53 MLR 731 [29] In the case of Salomon v. Salomon the argument for agency was advanced where the company was said to be the agent of Salomon. [30] [1976] 1 WLR 852 [31][1953] 1 WLR 483 (Chancery Division) [32] In the case of Gramophone and Typewriter Limited [1908] 2KB 89, the court held that a subsidiary could not be held to be the agent of their holding company. [33]Though the corporate veil can be extended o that it encompasses a group of companies. Here the veil is lifted of a company them drawn over the larger group of companies thus the court is dealing with an à ¢Ã¢â€š ¬Ã…“enterprise entity.à ¢Ã¢â€š ¬Ã‚  The Companies Act, 2006 gives credit to this extension under section 399 where, the directors of a parent company, as well as preparing individual accounts for the year, must also prepare group accounts for the year unless the company is exempt from that requirement. Ottolenghi S , à ¢Ã¢â€š ¬Ã‹Å"From Peeping Behind the Corporate veil to Ignoring it Completelyà ¢Ã¢â€š ¬Ã¢â€ž ¢ (1990) 53 MLR 338 pg. 347 [34][1977] 137 CLR 567 [35] [1977] 137 CLR 567 pg.577 [36] [1990] Ch 433 (Court of Appeal) [37] The Albazero [1977] AC 774 at p. 807 per Roskill LJ. [38] [1979] 3 All E R. 556 [39] Re Southard Co Ltd. [1979] 3 All E R. 556 at 565. [40] [2007] EWCA Civ 322 [41] [2007] EWCA Civ 613

Literary Analysis Arthur Miller’s “Death of a Salesman” â€...

What is man’s focus in life? What is man’s purpose in life? Is it materialism and/or the prospect of how others may view him? Should man put their trust in God’s Word the Bible or leave it up to himself? In â€Å"Death of a Salesman† by Arthur Miller, but is it correct to define this theatric drama as a tragedy. According to Klaas Tindemans, â€Å"Aristotle’s concept of tragedy has been perceived as both a descriptive and a normative concept: a description of a practice as it should be continued† therefore, Aristotle’s definition of tragedy could be considered complex. On the other hand, according to Tony Hunt in â€Å"The Tragedy of Roland†, â€Å"in the Poetics Aristotle is particularly concerned with capturing the essence of tragedy and its†¦show more content†¦By all accounts, â€Å"Death of a Salesman† reflects on our society as a whole. Some individuals are wealthy and living the American dream, some a re just trying the make ends meet, while others are living above their means. From cars to houses, everything is purchased using credit cards. However, what happens when the money dries up and/or the person loses his or her job, the person has no way of paying their bills. This is indeed a tragic state of affairs, but is it a tragedy as depicted by Aristotle? According to the text, Aristotle wrote that a tragedy â€Å"is the imitation in dramatic form of an action that is serious and complete, with incidents arousing pity and fear wherewith it effects a catharsis of such emotions†(1220). In other words, the characters portrayal in the drama brings about some intense emotions of pity or fear from the audience. According to Encarta.com, catharsis is defined as â€Å"emotional purification through Greek tragedy: according to Aristotle, a purifying of the emotions that is brought about in the audience of a tragic drama through the evocation of intense fear and pity†. Therefore, after reading â€Å"Death of a Salesman†, it indeed has brought about some intense feelings of pity and fear. The text goes on to define Aristotle definition of a tragic hero in six sections. The text states that the â€Å"chief characters are noble personages† (1220) with noble actions or â€Å"a man ofShow MoreRelatedWilly Loman, the Modern Hero in Arthur Millers Death of a Salesman1739 Words   |  7 Pages In Arthur Miller’s essay â€Å"Tragedy and the Common Man†, a picture is painted of a â€Å"flaw-full† man, known as the modern hero of tragedies. Miller describes what characteristics the modern tragic hero possesses and how he differs from the heroes depicted by classic Greek playwrights such as Sophocles and Aristotle. In order to understand how drastically the modern hero has evolved, one must first understand the basic characteristics that the heroes created by Sophocles and Aristotle encompass. TheRead MoreFailure Of The American Dream In The Writings Of F. Scott Fitzgerald, Zora Neale Hurston, And August Wilson1418 Words   |  6 PagesThis literary study will define the failure of the †American Dream† in the writings of F. Scott Fitzgerald, Arthur Miller, Zora Neale Hurston, and August Wilson. Fitzgerald’s account of the Jay Gatsby s rise to fame in the 1920s defines the failure of financial success as part of the American Dream. Gatsb y will eventually die due to his excessive greed, which is not unlike the emotional death of Willy Loman as he fails to become a successful salesman in Author Miller’s Death of a Salesman. MoreRead MoreArthur Miller s Death Of A Salesman1027 Words   |  5 PagesAn Analysis of Tragic Heroism of Biff Loman in Death of a Salesman by Arthur Miller This literary study will define the tragic heroism of Biff Loman in Arthur Miller’s play The Death of a Salesman. Biff is initially a victim of Willy’s continual harassment to make more money and find a better career. 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By following Ibsen, Brecht and Miller, three authors from three different countries, backgrounds and time frames, it is possible to witness

Anorexia Nervosa cannot be satisfactorily accounted for by any single model of abnormality Free Essays

Anorexia is a condition disputed by psychologists in attempts to find a cause for the problem. Anorexia is when an individual chooses to emaciate themselves in order to be thin. There are two main types of reasoning behind such behaviour. We will write a custom essay sample on Anorexia Nervosa cannot be satisfactorily accounted for by any single model of abnormality or any similar topic only for you Order Now The biological and psychological explanation. Of course, there are many forms of branched out explanations within these, and the two of which that I shall be exploring are the genetic justification (in terms of biological) and the behaviourist approach, for the psychological relation. Biological psychologists believe that human behaviour and what makes us do what we do, is all down to genes. With the new advance in recent science, genes are becoming a more popular reasoning to many psychological issues. Anorexia nervosa for one. The genetic approach proclaims that the cause for anorexia is to do with genes: i.e. the genetic and inherited factors we have within our relations. The idea is that should one family member suffer from an eating disorder, then there is a higher chance that another family member (preferably those who share the same, or like genes) would contract an eating, or another obsessive-compulsive disorder. Holland et al, a group of psychologists, lead a study on the genetic link of anorexia nervosa in 1984. They perused a sample of 34 pairs of twins and one set of triplets, where at least one twin in each pair suffered from anorexia. They found a higher concordance rate of 55% for the 16 monozygotic twins (who share 100% of the same genes) than for the 14 pairs of dizygotic twins, (who share 50% of the same genes) with a concordance rate of only 7%. The results, in imprecise terms, suggested that there was a genetic link between family members suffering from anorexia nervosa. But on closer examination of the study, we can find many other reasons, which may not be genetic, for these findings. For example, the sample amount was very small. This is a major flaw in any experiment, as the sample size often needs to a representative size, which can be extended to the whole of society, but 35 pairs of twins is an extremely small amount. Furthermore, the environmental influences were not considered in this experiment, and so the higher concordance rates for the monozygotic twins could be because they are treated more alike than the dizygotic twins. This is part of behaviourism of which I shall study later on. In terms of reasonability, the genetic link between family members suffering from anorexia seems to be weak. Though it can be part of the reason or perhaps only accurate for only a very few, it cannot be wholly responsible for everyone who suffers from this eating disorder. A problem with this reasoning as being the â€Å"answer† is that there is then no blame of self. Because the condition is ‘purely’ biological, the individual is then rendered hopeless and vulnerable to the disorder, as they are not in control of what is in their genes. It can also provide an ‘excuse’ so that the subject is unable, or unwilling to become better. Psychologically, behaviourists look at how the environment and outside influences have shaped and created an individual. Predominantly in western cultures, the size of â€Å"beauty† in terms of celebrity and media has dramatically decreased in the last couple of decades. Marilyn Monroe, said to be one of the most beautiful woman of the time was a dress size 14. As the years gone by, we find that the dress size of â€Å"beauty† has gone down, and now, catwalk models are size 8’s and lower. It seems that the more rich and advanced we become, the higher our standards are, for skinnier people. The media is a major factor in influencing the ordinary people of our society. Behaviourists believe that this is one of the main causes for people (particularly those with lower self-esteem) to develop eating disorders, in order to become more like the person in the magazine. Because of this, people are often seen as ‘beautiful’ when they are thin. This puts pressure on people who perhaps may have been teased and felt self-conscious about their self-image. Once the individual begins to lose weight, it is often found that the criticism stops, and compliments are received in its place. This can then become a habit, and is known as â€Å"Classical conditioning†. They learn to associate being thin with feeling good about themselves. â€Å"Operant conditioning† happens when the praise and admiration from others reinforces their eating habits and causes them to want to lose more weight. This form of explanation is very logical in certain aspects, but there are a few things that, should this theory be true, does not correspond appropriately. For example, once the sufferer begins to lose too much weight and is then the cause for concern, why is it that once the compliments stop, the sufferer still desires to lose weight? The compliments were associated to feeling good and losing weight. The compliments are no longer there, and so one would assume the feeling good should have dissolved, and due to operant conditioning, the sufferer would learn to break the habit. It is true that operant does sometimes work on promoting weight gain in some people, by if this concept was accurate, then why doesn’t everyone with anorexia respond in the same way? â€Å"Anorexia Nervosa cannot be satisfactorily accounted for by any single model of abnormality† It is true that anorexia cannot be the result of one cause, as we have looked at two versions of reasoning behind the condition and both explanations still leave gaps where logic or situation does not fit. Each explanation gives a valid justification to anorexia, but the problem still cannot be solved by one account of psychology. The answer may be that it is a mixture of perhaps several models of abnormality, but the fact is that anorexia nervosa is too complex and too different in every case to be the epitome of one explanation. How to cite Anorexia Nervosa cannot be satisfactorily accounted for by any single model of abnormality, Papers

Renaissance Essays (678 words) - Law, Political Philosophy

Renaissance Throughout history there has always been a struggle for power between absolute rulers and the people and somewhere in the middle they compromise at democracy. In the past the people have written documents to that limited the of the king and obtain their natural rights. The Magna Carta became known as one of the first documents to ever degrade the power of a king. Following the Magna Carta came the Petition of Rights, this to limited the strength of the king. Succeeding the Petition of Rights, came the founding of the Bill of Rights. Without boundaries a ruler will abuse his power over the people. Therefore in order for a ruler to lead a democratic government he must have boundaries and regulations to abide by. The Magna Carta became the first stepping stone to a constitutional monarchy in England. The need for this document came about when King John neglected the people's rights. On June 15,1215, King John was forced to sign the Magna Carta. Thereby, when King John signed the Magna Carta his power demarcated and his authority lessened. The Magna Carta stated ?We have also granted to all free men of our realm, on the part of ourselves and our heirs forever; all the subjoined liberties, to have and to hold, to them and to the heirs, from us and from our heirs? (Magna Carta sec1). This passage said that people have the right to liberty at all time and the king nor any other person could take that right away. The Magna Carta also dealt with the court and justice system. It declared ?To none will we sell, to none deny or delay, right or justice? (Magna Carta sec 40). It also pronounced? if any on shall have been dissiezed by us, or removed, without a legal sentence of his peers, from his lands, castles, liberties or lawful right, we shall straight way restore them to him.?(Magna Carta sec52). This document was only the first of three document to limit the kings power. King Charles tried to rule as an absolute ruler, but he was unsuccessful in his attempt. Charles started to take advantage of his people by using force and unjust taxes. Parliament, unhappy with the conditions of the state deiced to do something about it. They wrote the Petition of Rights. this document unabled the king to proceed as he wished. This document states that Parliament has the right to dismiss themselves. In other words that means the king can not tell Parliament they are finished and no longer have the power to do anything. Also Parliament would be called to session at least once every three years. Hence, the king would not be able to completely ignore Parliament and the voice of the people completely. Consequently limiting his power. Another section declared that the people have the right to due process and all ancient taxes are abolished. By obtaining these rights and privileges the people are free to have there life, liberty, and property without a fear of losing any of these without due process. Lastly, the power of the king was limited by a third document, The Bill of Rights. Before William and Mary could become king and queen they were forced to sign the Bill of Rights. In order to persevere the right of the people, they wrote the Bill of Rights. It states ? that it is the right of the subjects to petition the king?. It also said ?that the freedom of speech and debuts or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament.? Therefore the king is not above the law and does not have the power to take away the people's rights. Every where in the world people are struggling for power, it has happened before, it is happening now, and it will happen again. The absolute monarch will usually fall because the democratic side will have more people and separation of power. Therefore there more than one person to get rid of. History Reports

Free Essays on Decartes Meditations

In Descartes’ first meditation, he becomes skeptical of all knowledge he has acquired through his lifetime. The substantiality of the falsehoods he has accepted as true became unbearable and he found it necessary to demolish everything and start from scratch to find some foundation, if any, to then base his knowledge claims on. He realized that the majority of knowledge was based on his sense perceptions, and that these perceptions can be dubious at times, such as when a straight oar appears bent in water. Through this method of doubt that all his knowledge could be called into question, he set aside everything as if it was wholly false. By this, Descartes hoped to find at least one foundational, indubitable truth, an Archimedean point if you will, or if not to find that there is in fact no certainty. In his tribulations he found that in fact it was impossible to doubt the existence of your thoughts, and from this it was not possible to doubt that you exist. Further, he believed that because he could doubt that the existence of his body, but not his mind, it must be that mind is not body since one has a property the other lacks. To see Descartes’ reasoning we need to analyze this claim known as the argument for the distinctness of mind and body, or dualism. This line of reasoning is mainly based on Descartes’ understanding of himself and his body. First, certain terms need to be understood to conceptualize these ideas. Extension refers to spatially extended, tangible, physical, or material, which in Descartes’ argument refers to a body, which is spatially extended and occupies a space which excludes all other bodies, and can be perceived by sight, smell, and touch. Essence refers to a property that is essential to that thing’s existence; without it the thing would cease to be the same thing. Distinct refers to something that is understood as entirely different from another thing. For our purposes it would refer to ... Free Essays on Decartes Meditations Free Essays on Decartes Meditations In Descartes’ first meditation, he becomes skeptical of all knowledge he has acquired through his lifetime. The substantiality of the falsehoods he has accepted as true became unbearable and he found it necessary to demolish everything and start from scratch to find some foundation, if any, to then base his knowledge claims on. He realized that the majority of knowledge was based on his sense perceptions, and that these perceptions can be dubious at times, such as when a straight oar appears bent in water. Through this method of doubt that all his knowledge could be called into question, he set aside everything as if it was wholly false. By this, Descartes hoped to find at least one foundational, indubitable truth, an Archimedean point if you will, or if not to find that there is in fact no certainty. In his tribulations he found that in fact it was impossible to doubt the existence of your thoughts, and from this it was not possible to doubt that you exist. Further, he believed that because he could doubt that the existence of his body, but not his mind, it must be that mind is not body since one has a property the other lacks. To see Descartes’ reasoning we need to analyze this claim known as the argument for the distinctness of mind and body, or dualism. This line of reasoning is mainly based on Descartes’ understanding of himself and his body. First, certain terms need to be understood to conceptualize these ideas. Extension refers to spatially extended, tangible, physical, or material, which in Descartes’ argument refers to a body, which is spatially extended and occupies a space which excludes all other bodies, and can be perceived by sight, smell, and touch. Essence refers to a property that is essential to that thing’s existence; without it the thing would cease to be the same thing. Distinct refers to something that is understood as entirely different from another thing. For our purposes it would refer to ...

Italian Past Perfect Tense - Trapassato Prossimo

Italian Past Perfect Tense - Trapassato Prossimo In English, the past perfect tense (trapassato prossimo) is formed with the auxiliary had plus the past participle of the main verb. In Italian, the trapassato prossimo, a compound tense, is formed with the imperfetto of the auxiliary verb avere or essere and the past participle of the acting verb. The students were tired because they had studied until late. He didnt go to the theater because he had already seen the film. The past perfect tense (trapassato prossimo) is used when two actions happened at different times in the past. Here are a few examples of the trapassato prossimo: Gi erano partiti quando sono arrivato. (They had already left when I arrived.)Avevo chiuso le finestre quando à ¨ cominciato a piovere. (I had shut the windows when it started to rain.)La macchina sbandava perchà © aveva piovuto. (The car was sliding because it had rained.) Using Auxiliary Verb Avere The appropriate tense of avere or essere (called the auxiliary or helping verbs) and the past participle of the target verb forms the verb phrase. Avere is used in a myriad of grammatical and linguistic situations. Learning the many conjugations and uses of the verb is crucial to the study of the Italian language. In general, transitive verbs are conjugated with avere. Transitive verbs express an action that carries over from the subject to the direct object: The teacher explains the lesson. The past participle is invariable when the passato prossimo is constructed with avere. Today Anna isnt working because she worked yesterday.  Oggi Anna non lavora perchà ¨ ha lavorato ieri. The others worked yesterday too.  Anche gli altri hanno lavorato ieri. When the past participle of a verb conjugated with avere is preceded by the third person direct object pronouns lo, la, le, or li, the past participle agrees with the preceding direct object pronoun in gender and number. Avere is an irregular verb (un verbo irregolare); it does not follow a predictable pattern of conjugation. Using Auxiliary Verb Essere When using essere, the past participle always agrees in gender and number with the subject of the verb. It can therefore have four endings: -o, -a, -i, -e. In many cases, intransitive verbs (those that cannot take a direct object), especially those expressing motion, are conjugated with the auxiliary verb essere. The verb essere is also conjugated with itself as the auxiliary verb. Some of the most common verbs that form compound tenses with essere include: andare- to goarrivare- to arrivecadere- to fall, to dropcostare- to costcrescere- to growdiventare- to becomedurare- to last, to continueentrare- to entermorire- to dienascere- to be bornpartire- to leave, to departrestare- to stay, to remaintornare- to returnuscire- to exitvenire- to come Conjugating Italian Verbs in the Past Perfect With Avere and Essere PARLARE CREDERE ANDARE USCIRE io avevo parlato avevo creduto ero andato(-a) ero uscito(-a) tu avevi parlato avevi creduto eri andato(-a) eri uscito(-a) lui, lei, Lei aveva parlato aveva creduto era andato(-a) era uscito(-a) noi avevamo parlato avevamo creduto eravamo andati(-e) eravamo usciti(-e) voi avevate parlato avevate creduto eravate andati(-e) eravate usciti(-e) loro, Loro avevano parlato avevano creduto erano andati(-e) erano usciti(-e)

Policy Memo - Human Rights Essay Example | Topics and Well Written Essays - 1000 words

Policy Memo - Human Rights - Essay Example In addition, there is the reality of todays global terrorism where time sensitive information may be able to save thousands of lives. Torture falls under the umbrella of human rights that have had staunch philosophical support from the US government since its inception. The problem that faces the US is being able to stay true to the principles and ideals that the US stands for, while confronting an enemy that does not have the same level of respect for life, dignity, and human rights that the US does. Only by eliminating the use of torture and maintaining our credibility on the world stage, will the US be able to further its agenda of spreading democracy and protecting human rights around the world. Torture dates back to the days of antiquity and has been used regularly in wars to gain information from the enemy. Torture was used in ancient Mesopotamia, the Romans tortured Christ, and Aristotle advocated it as an effective means to extract information (Masci). Since the earliest recorded times torture has been used by churches, militaries, and law enforcement in an effort to get a confession. By the 18th century, enlightened thinking began to question the ethics of torture and humanitarian advocates called for the elimination of torture as a means to get a confession (Masci). Modern views on torture are generally the result of the foundations laid by the American Red Cross and the Geneva Conferences in 1863 and 1864 (Masci). While there has been a movement to reduce torture in the recent centuries, and its practice made more palatable, it still proliferates in many of the civilized countries around the world. Today, law enforcement, intelligence organizations, militaries, and governments in over 100 countries including the United States use torture (Masci). Its use has been banned by international common law, the United Nations Universal Declaration of Human Rights (1948), the Geneva Convention

Investigation of Child Abuse Essay Example | Topics and Well Written Essays - 1000 words

Investigation of Child Abuse - Essay Example Although more than six million children were involved in referrals by Child Protective Service Agencies in 2006, only "1,907,264 investigations received a disposition" (National Child Abuse Statistics, 2007: 1). A legitimate concern, therefore, is whether too many referrals are being made or whether the investigative process is somehow deficient. This essay will discuss and analyze the investigative process as it typically pertains to child abuse situations. As an initial matter, it is important to note that a uniform approach to child abuse investigations is complicated by the fact that each state has different statutory definitions of child abuse and neglect. There are federal standards that serve as guidelines, but states are free to create and enforce their own definitions so long as the state definitions do not conflict with federal law. There are two federal laws that define child abuse or neglect, Child Abuse Prevention and Treatment Act and the Keeping Children and Families Safe Act of 2003, and the basic federal standard states that "Any recent act or failure to act on the part of a parent or caretaker which results in death, serious physical or emotional harm, sexual abuse or exploitation; or an act or failure to act which presents an imminent risk of serious harm" (Child Maltreatment 2006: 1). The threshold for the initiation of an investigation, therefore, can be cased on a positive act of child abuse or neglect when a paren t or caretaker is aware or should be reasonably aware that child abuse has occurred or is occurring. In addition, an investigation may be initiated for different types of abuse, whether physical, emotional or some combination thereof. Investigators, usually associated with local Child Protective Service Agencies, initially rely on tips from parents or other caretakers. These tips or referrals are used in conjunction with various signs of child abuse that have proven empirically reliable when making a determination whether to initiate a full investigation. Some of the physical signs of child abuse look for by investigators include such things as anti-social behavior, a fear of authority figures, or unexplained damage to the child's body. Some of the emotional signs include a lack of concentration at school and eating disorders that become increasingly pronounced. There are also some well-established signs of sexual abuse; for example, investigators are often alerted when children report bedwetting, nightmares, or a premature interest in or knowledge of sexual or otherwise age-inappropriate activities (Signs of Child Abuse, 2007: 1). In short, whether a tip is acted upon initially upon the information received, th e signs detected by the investigators, and any corroboration that the investigators can obtain. An investigatory problem sometimes arises, however, because of jurisdictional conflicts or confusion. The main conflict occurs between law enforcement officials and mental health or welfare professionals; indeed, as noted by McBride, "In virtually every state in the country, law enforcement has a legal mandate to be involved in child abuse and neglect investigations. The issues are not over whether they will be involved, but rather how and to what degree. What is expected of

Circadian Rhythms :: Environmental Cues, Scientific Research

Circadian rhythms are endogenous and self sustaining in all animals and plants. These rhythms are present in the absence of environment clues such as light, temperature and social clues. In absence of clues, animals free run in constant darkness due to programmed genetic interactions. Some of the genes involve in this processes are Per, Clock and Cry. The expressions of these genes are tightly regulated at molecular level by proteins which bind to promoters and repressors to create a rhythm throughout the day. For example, bmal and clock bind to ebox region to produce cry and mper proteins (Hong and Chong, 2007). These proteins are concentration dependant which means high level binds to repressor region to avoid further transcription. Such oscillations work on close to 24 hour cycle in animals and plants. These processes occur without any environmental clues. In case the environment clues are introduced to animals, they tend to synchronize internal clock with external signals. One such example of synchronization is shown in dorsophilia which increase Tim protein at night and the presence of external light decrease the production of Tim protein. This results into phase delay in dorsophilia (Leuloup and Goldbeter, 2001). The idea of phase advance and delay were first proposed by Aschoff and Pittendrigh (1960), but subsequent genetic studies have shown exact genes involved in phase delay and advance occurs due to over or under production of proteins as described in dorsophilia studies. Many knock out studies have shown that disruption of genes involve in circadian rhythm have created arrythmicity in animals. Low-Zeddies and Takahashi (2001), created clock mutants which were arrhythmic when exposed to dark condition. The period of clock mutants were greater when compared to wildtype mice. The mutant also showed higher phase-shifts hours and lower circadian amplitude. Although clock expression has been important to understand rhythm, the initial information from retinohypothalamic tract to core or ventro-lateral region of the SCN has been a prime focus of the recent studies. It is widely known that information from ventrolateral region of SCN communicates with other regions of the SCN. Buhr and Yoo (2010), show ventrolateral and dorsomedial neuronal connection exists and this connection has a role in circadian rythm. Their data shows that tetrodoxin can make SCN temperature incompensated due to inhibition of signal from core to shell regions. Similarly, vasoactive intestinal peptide and peptide histidine iso-leucine are expressed in SCN when light information travel from retinohypothalamic tract.

Asiatic Society of Japan Essay

Japanology or the study of the Asiatic Society of Japan from 1853 was actually the records of the Expeditions sent by the American nation to negotiate with Japan to open their economy to international community. Although before the 1853, Perry Expedition, the Americans had attempted several times to establish economic relations with Japan but all the efforts failed as Japan maintained its Close-Door Policy to international community. As the United States earlier Expeditions suffered humiliation due to Japan’s refusal to their intentions, and because of reports about Japanese barbarous attitude heard from survivors of ship wreck in Japanese waters, the United States had gotten a keen interest in Japan sending a large expeditionary force under Commodore Matthew Perry in 1853 to force Japan to open their economy and to demand them kind treatment of the American castaways and shipwreck survivors. Thus, the Perry Expedition was rather business oriented than any other purpose though there were also others who joined for scientific exploration and still others for less noble purpose or for personal advancement. As this paper dig more on the many books about Asiatic Society of Japan, as well as into the Perry Expedition. The writer found out that most of the authors of those books talk about how Japan reacted on the forcible intrusion of United States ships merely to force Japan to open their economy and do business with the Americans and in the international arena. Thus, this paper discussed Japanology and the Asiatic Society of Japan based on the perspective of the majority of authors towards the subject. Though, it also provides information on the activities of the Western men while in Japan during this period, but it is quite brief due to limited sources. The main information would be on the effect of Perry and the American men on the Asiatic society of Japan and how Japan viewed the Western arrogance and intrusion on Japanese soil particularly the Perry Expedition. In the book ‘With Perry to Japan,’ William Heine disclosed that the purpose of the USS Columbus and the USS Vensennes of sailing half way around the world was to find answer whether Japan would end â€Å"two hundred years of isolation and become friends and begin trade† (p. 1). But these American sailors were pushed back with remarked from the authorities to â€Å"depart as quickly as possible, and not come anymore in Japan† (p. 1). But the stubborn Americans made more attempts to do business with Japan but Japan seemed to be determined to close its door to foreign relations. Heines puts it â€Å"Japan seemed determined to remain as it had been since 1638: shut† (p. 1). With much of rejection and humiliation, the United States sent a large force under Commodore Matthew Perry as a show of force to force them to open their economy in international community. Heine pointed out that the Americans â€Å"wanted exploration, surveys and charts, and protection for castaways and trade† (p. 2). But Perry’s show of force was quite a show of arrogance of the American nation as they would bring such armada of ships merely to compel Japan to open their economy. Heines noted that â€Å"Perry’s order was assertive and could be taken as pugnacious† (p. 3). Heines further said that Perry was instructed â€Å"to shoot his way out if it is needed† (p. 3). Because of such a large force comprising of eight ships, over two hundred cannon and heavy gun, and more than two thousand men, Japan was forced to comply and Perry’s expedition broke into Japanese Island forcing them into international arena (p. 4). In the eyes of Western countries, Japan’s attitude towards the West’s attempt to penetrated Japan with their social, cultural and religious and industrial influence was tyranny. Japan was accused of mistreating Americans and other foreigner and of insulting Christianity and so forth. Heines pointed out that the prevailing Western opinion that Japan halted â€Å"the advancement of science and hindered navigation by blocking exploration, preventing survey and refusing to exchange information† (p. 5). Japanese internal policies and actions were viewed as â€Å"unjust, as wrongs to right prima facie, and their own as right to be asserted de facto† (p. 5). Indeed, Japan was merely protecting itself from Western influence under the banner of nationalism. In the words of Heines, â€Å"a country sought to be left alone and bothered nobody unless bothered by somebody† (p. 5), was suddenly intruded by foreigner. Japan was dragged into international arena mainly because of one sided interest, that of America. Japan had to choose either to accept the American terms or risk their country of losing in battle. In the words of Heines, Japan carefully studied the terms and decided to â€Å"grant the request of those people to trade and communicate with them, learn their drills and tactics, and go abroad to prepare [themselves]† (p. 5). According to an article entitled ‘Transaction of the Asiatic Society of Japan’ revealed the American’s coming in Japan was through the invitation of a Japanese named Neriaki. The article said that Neriaki was able to send letter to a Japanese who managed to get away to American inviting Americans to come to Japan (p. 111). It was this letter that became the prelude to Commodore Dewey to make assertion to Japanese authorities of his coming in 1853. The letter indeed was in arrogant tune. William Gerald Beasley stated that although the American intention was to establish â€Å"friendship and intercourse between the people of two respective countries, yet it was a one-sided transaction. Beasley pointed out that the United States’ statement in the letter, â€Å"we desire to explain to you how great is the United States, and if you refuse to enter into an arrangement, we shall commence hostilities† (Beasley, p. 3). During this time Japan was living in peace and had no internal troubles as Beasley puts it, the â€Å"military class enjoyed a long peace and neglected military arts; they had given themselves up to luxury and pleasure, and there were very few who had put on armor for many years† (p. 3). Thus, the visit of the American ships intended to make peace and friendship brought troubles and confusion on a country living in peace and their citizens living in prosperity. The visit was indeed a little of short to be described as an aggression, because as Beasley described the nature of how the Americans made their entry. Beasley writes, â€Å"In the autumn of the year 1864, during the reign of the 122nd sovereign of the human dynasty, a disturbance took place at Kyto the like of which had not accord since the first origin of Japan. Arms were resorted to and bullets flew about the imperial palace; nay more than half of it was burnt in a conflagration which arose out of the fight. The fierce flames lighted up the heavens, and huge waves overwhelmed the earth† (p. 1). No wonder, the Japanese viewed both the Americans and the British Barbarians. Beasley noted the Japanese authorities were aware of the plunder made by the English Barbarians during the Opium War and the incursion of the US ships a warning and to avoid war, they hard better grant though Japan gave into American demand but in their mind â€Å"the Americans were watching their country with greedy eye for many years† (Beasley, p. 5). As Japan was drag into the international arena Japan was forced to abandon policies of seclusion. Marius B. Jansen noted that Japan was compelled to â€Å"enter the international order on terms defined by the West† (Jansen, p.294). Jansen pointed out that Japan struggled to regain its sovereignty and was forced to â€Å"embarked on policies of centralization and institutional innovation in order to build a modern nation-state and the basic restructuring of domestic society† (Jansen, p. 294). Jensen further said that as Japan moved on further in their new order of domestic reconstruction, what has began as defensive steps to head a perceived Western threat was soon followed by membership in that military and economic order that had first challenged them (Jansen, p. 294). Jansen also pointed out that in the course of Perry and Harry’s negation with the Shogunate of Japan to open their economy to the international community Tokugawa Nariaki which previously sent the letter to America inviting them to come to Japan, â€Å"played a prominent role in opposition to the way Japan responded to the demands of Perry and of Harries (Jansen, p. 295). As more developments taking place in Japan with the presence of the Western forces on the shore of Japan, the foreigners made more contributions to the demolition of Japan’s social and cultural values in the areas where they were to be found. Jansen said â€Å"Japanese entrepreneurs were not slow to set up places of amusements for sailors. And the prints Sadahide provide colorful documentation of partying in the Yokohama Genkiro and other brothels† (Jansen, p. 317). The Wild Wild West behavior of these foreigners not only puzzled ordinary Japanese by these self-confident outsiders but also disrupted moral order of the Japanese life. Jansen puts it, â€Å"no one can question the advisability of men’s providing themselves with pistols, but picnic excursions to islets in Edo Bay that ended with target shooting (p. 317), that even the bravest Samurai for all their courage were helpless to do anything and forced to accept the reality and humiliation that unconscionable behavior was an infuriating reminder of inferiority (Jansen, p. 317). Japanese thought that Westerners will destroy Japanese political structure through the â€Å"diffusion of Christianity, while others felt that these are desecrating sacred soil by their presence and they feared that tolerating their entry invited a form of colonialism. † Thus, during the Western’s first attempts, Japan treated them indifferently which was a normal and ordinary reaction but the US viewed it as tyranny.

Hemingway and Fitzgerald Essay - 1423 Words

Hemingway and Fitzgerald Ernest Hemingway and F. Scott Fitzgerald, the parties of one of the most famously infamous relationships in literary history met for the first time in late April 1925 at The Dingo Bar, a Paris hangout for the bohemian set. In his novel A Moveable Feast (published posthumously) Hemingway describes his first impressions of Fitzgerald: â€Å"The first time I ever met Scott Fitzgerald a very strange thing happened. Many strange things happened with Scott, but this one I was never able to forget. He had come into the Dingo bar in the rue Delambre where I was sitting with some completely worthless characters, had introduced himself and introduced a tall, pleasant man who was with him as Dunc Chaplin, the†¦show more content†¦In doing so scholars have also been able to develop some hypotheses about why these two very different men were drawn to each other. Scott first discovered Hemingway through his Princeton friend Edmund â€Å"Bunny† Wilson, who was an up-and-coming literary critic for Dial magazine in 1924.(Donaldson, 54) Fitzgerald was greatly impressed by the copies of in our time and Three Stories and Ten Poems, which Wilson had sent to him in October. He immediately wrote Maxwell Perkins, his editor at Scribners, a letter telling him about â€Å"a young man named Ernest Hemmingway who lives in Paris (an American) writes for transatlantic Review has a brilliant future.†(54) Fitzgerald was finishing work on the final draft of The Great Gatsby, and was living in St. Raphael, France at the time. 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