Tuesday, May 26, 2020

The City Upkeep And Maintenance Of Art Preservation Essay

Lawrence is a vibrant community filled with our everyday superheroes, students, and a collection of arts. With developments untaken by the city council that which makes Lawrence uniquely is under threat, due to the changing landscape around the community. While this is a changing landscape questions arise of how the arts are being implicated in this city landscape and the future of artistic development. This research will focus on the city upkeep and maintenance of art preservation and the roles which Lawrence plays as well as the benefits of proper arts interjection. Kurt Vonnegut is a great place to start for this research as he understands the importance of making art in everyday life. One issue, however, is arts can make a life as well as a living. Arts communities are thriving centers of culture, where people flock to in order to see a spectacle, something out of their day to day routines. Lawrence Kansas is a spot for an artist to gather and collaborate on works, yet to what extent is this cared for by the governing body of Lawrence. Arts and Economic Prosperity Survey, a project from Americans for the Arts has selected Lawrence to view the economic activity which arts development and centers bring into the community. This project relies on surveys conducted by art centers on and off campus to understanding the question of ‘Why Lawrence?’. Allowing this survey into the community has shed a light on the development which is taking place and the advancement whichShow MoreRelatedThe Importance Of The Local Community For The Host Co mmunity Essay1773 Words   |  8 PagesFestivals play a major part in the way of understanding the local people and the heritage of the city as well as develop the local pride of the people and aid the visitors in identifying the vibrant culture of the local city. The role of the local community in the cultural heritage plays a vibrant role in developing tourism through festivals. The events held are seen as a sifnificant instrument for attracting tourists as well as building an image in different communities. Some of the processes inRead MoreLa Mesa Ecopark2156 Words   |  9 PagesWatershed in East Fairview,  Quezon City. It is owned by the  Metropolitan Waterworks and Sewerage System  (MWSS) and is jointly operated along with the Quezon City government, Bantay Kalikasan and other private companies. The La Mesa Ecopark is a 33 hectare park located in the La Mesa Watershed. The park was opened to the public in 2004 to generate income to help with the reforestation of the area surrounding the watershed and to create funds for the watershed’s maintenance. The Ecopark sits on 2700 hectaresRead MoreProject Management Proposal Essay14353 Words   |  58 Pageschallenges: 27 How the challenges will be met: 27 Technical risk analysis: 28 Risk management plan: 28 Reclamation 29 Cost Proposal 30 Approach 30 Estimate 31 Labor Rates 31 Total Labor Costs 32 Material Costs 32 Equipment amp; Maintenance 33 Other/Buffer 33 Total Cost Estimate 34 Marketing Program to Subsidize Project Costs 34 Move the Great Pyramid Foundation 34 Cost Benefit Analysis 35 Contract Type 35 Cost Sharing Formula 36 Earned Value Management 37 ExecutiveRead MoreThe Government and Not-For-Profit Environment100975 Words   |  404 Pagesentities. c) Establish accounting standards for all governmental entities. d) Establish accounting standards for non-federal governmental entities. PROBLEMS (CHAPTER 1) 1. Thorn County adopted a cash budget for FY2007 as follows. The City budget laws prohibit budgeting or operating at a deficit. During the year the County collected or spent the following amounts. Was the County in compliance with budget laws? Did the County accomplish the goal of interperiod equity? Explain yourRead MoreInformation Technology Implementation Issues: an Analysis45771 Words   |  184 Pagesfrom those 6 Kraemer, Kenneth L., et al. (1987) Datawars: The Politics of Modeling in Federal Policymaking. New York, NY: Columbia University Press. 7 Ibid. 8 The local governments referred to in this study are made up of small to medium sized cities, towns and/or counties in the State of Virginia having a population of 10,000 to 300,000 and/or 4 or more distinct departments. See Chapter 3 for more detail on the population. The terminology of small to medium was selected based on discussions inRead MoreSda Manual Essay101191 Words   |  405 Pages................. Preparation for Baptismal Services .................................... Assistance at the Communion Service ................................ Care of the Sick and the Poor ............................................. Care and Maintenance of Church Property ....................... Deaconess ...................................................................................... Duties of Deaconesses ...................................... ....................... Assistance at BaptismsRead MoreDatabase Design and Implementation38677 Words   |  155 PagesAs natural history collections data have been captured from paper sources (such as century old handwritten ledgers) and have accumulated in electronic databases, the natural history museum community has observed that electronic data need much more upkeep than paper records (e.g. National Research Council, 2002 p.62-63). Every few years we find that we need to move our electronic data to some new database system. These migrations are usually driven by changes imposed upon us by the rapidly changing

Monday, May 18, 2020

A Leader Is The Position Held By A Person Who Leads A...

Leadership can be defined as the position held by a person who leads a group of people, the head of the group. A leader makes decisions for the group they are leading, hopefully based on what is best for the group. One of the roles of a leader is to influence and shape the members of the group to be more like them or to encourage the people to do something different. Leadership can go hand-in-hand with heroism; however, not always. Heroism can simply be defined as being very brave and courageous. A hero is a person who is praised for their bravery, courageousness, and honorable qualities. Most people connect heroes with the modern superheroes like Batman, Superman, or Spiderman; however, there are many other people that can be classified†¦show more content†¦Although there are many great heroes and leaders with characteristics of confidence and selflessness expressed through works like Beowulf and The One Thousand and One Nights, there are also corrupt leaders with the wrong intentions as expressed through the character of Gilgamesh in the beginning of the poem The Epic of Gilgamesh. The Thousand and One Nights is about a king whose wife cheats on him and as a reaction to her adulterous behaviors, he begins by first killing his wife, then marring a new woman every night just to kill her as well. Determined to stop the king’s killings, Shahrazad marries the king and starts telling him stories every night. She would fall asleep in the middle of her stories with the intent of putting off the king killing her from night to night, in hopes that he would change his mind eventually. The writer of The Thousand and One Nights states, â€Å"But morning overtook Shahrazad, and she lapsed into silence. Then her sister Dinarzad said, ‘Sister, what a lovely story!’ Shahrazad replied, ‘Tomorrow night I shall tell you something even lovelier, stranger, and more wonderful if I live, the Almighty God willing.’† Shahrazad quoted these words or something similar as she continued this process for 1,001 nights until her plan worked. Shahrazad de monstrated many qualities that can classify her as a leader and a hero, which is unusual for women in the era the story was written. She uses wisdom, wit, charm to

Friday, May 15, 2020

Human Race And Human Population - 1443 Words

The world is home to millions of species both large and small that are able to thrive perfectly in their environments. All living creatures on this earth contribute in some way to the ecosystem that we all are a part of. Unfortunately, the one species that has the greatest control of the earth is us, the homosapiens. Modern humans began to develop nearly 200 000 years ago and ever since then populations of homosapiens have spread across the entire world. Almost every environment we as humans have come across has in time had to change to try and meet the needs of all the species that populate the earth together with the enormously increased human population. Sadly the human population covers over 80% of the earth’s surface with various†¦show more content†¦However on a human dominated planet, the distribution and populations of large mammals has slowly been declining around the world. Due to this researchers have come to the conclusion sub-Saharan Africa is more or le ss the only place left on earth where there is still a relatively high diversity and population of large mammals. This is not because the continent is naturally rich in large species, but because it is one of the only places on earth where human activities have not yet wiped out these incredible mammals. Sadly the influence of the East namely Korea and China and the United States is decimating elephant, rhino, lion and giraffe. Unfortunately even now, even in our so called technically advanced world there are hundreds of species that are still at threat of extinction because of humans. Animals like the black rhino or the Sumatran tiger plus many more have the status of critically endangered. But it is not all doom and gloom as many organizations like WWF have been working diligently to protect the endangered creatures of the world. For example, the mountain gorillas of Congo Basin have had a population increase of over 700 gorillas since 1989 because of their hard work. So if Homos apiens never existed then the world would be most probably be a very different place and many extinct animals might still be roaming the lands. Sadly our destructiveShow MoreRelatedThe Population Of Human Race1754 Words   |  8 Pages Half of the population of human race is women. Approximately two thirds dwell in rural India. The contributions and services rendered by women play a vital and essential role in creation and sustenance of humanity hence cannot be under estimated. However, it is indeed a tragedy that they have been exploited and marginalized since time immemorial. This may have been due to various reasons such as inferior status or exploitation originated from the class, caste, culture or the patriarchal systemRead MoreHuman Race And Its Impact On The World s Population1829 Words   |  8 Pagesthat have surpassed anything the human race has ever seen before, loads of people recover and continue living a longer life in a population that continues to grow-result ing in a large fraction of the world’s population aged sixty years and older (United Nations, 2001). †¢ On top of this, you have the massive â€Å"baby boomers† generation who are surpassing the age of sixty-five within the next fifteen years (Blomqvist Busby, 2012). †¢ By 2050, Canada’s population is estimated to reach about 40 millionRead MoreThe Future Of The Human Race1539 Words   |  7 PagesThe future of the human race is terrifying to ponder about; not only does it raise many questions as to how the constant population growth will be handled, but it also causes natural resources to become more limited by the day. As human beings progress towards the future they will undoubtedly accomplish a myriad of feats. It is essential that one of such feats can solve the issues brought forth by the ever growing population of the human race. Furthermore, engineers must either generate new waysRead MoreHuman Neutering And Its Effects On Humans1224 Words   |  5 Pagestwenty-five. All humans being unable to reproduce at a certain age could save the Earth. The Earth is in a very fragile state; Earth is losing its ability to be a habitat for the human race due to the volume of people living on its surface. There could be a way to slow down this process though, through human neutering. Human neutering would decrease overpopulation, allow the earth to reproduce its natural resources, and stop deforestation from rapidly occurring. A form of human neutering does existRead MoreThe Overpopulation Of The Human Race1377 Words   |  6 Pages The overpopulation of the human race is killing the earth due to the consumption of natural resources and not taking care of our planet. The human race as of the twenty-first century is similar to a parasite. Humans consume everything we can and do not help those resources grow back. The human race is also driving animals out of their habitats, taking over those habitats and in that process putting more animals on the endangered species index. The human population needs to be reduced in order toRead MoreRace Is Not A Real Thing859 Words   |  4 PagesThe concept of race dates back to recent human history. Race is an integral part of life for individuals residing in the United States. However, this concept of â€Å"race†, that many Americans believe to be true, has no biological backing; it is merely a social construct. Looking at genetics, and even evolution it becom es clear that race is not real. But, even though race is not real, it can have very real consequences (such as racism). So in this sense race becomes a very real thing, as it affects millionsRead MoreThe Problem Of Race And Race921 Words   |  4 Pagesquestion of race. Race is a prevalent and influential part of our everyday life that surprisingly many do not even understand. What is race? For years race has been used as a tool in the subjugation of human populations on the perceived notion of biological superiorities. Race by definition is a population â€Å"that develops distinct characteristics differing from other populations of the same species†, while these variations may have social and cultural implications, genetic evidence suggests race has noRead MoreRace: Social Categorization, Not Biological Essay1450 Words   |  6 PagesThe English term ‘race’ is believed to originate from the Spanish word raza, which means ‘breed’ or ‘stockà ¢â‚¬â„¢ (Race). People use race to define other groups, this separation of groups is based largely on physical features. Features like skin color and hair don’t affect the fundamental biology of human variation (Hotz). Race is truly only skin deep, there are no true biological separations between two ‘racial’ groups. Scientifically speaking, there is more variation between single local groups thanRead MoreAnalysis Of Kenan Malik s The Meaning Of Race : Race, History And Culture906 Words   |  4 Pages The Meaning of Race: Race, History and Culture in Western Society, Paul Broca stated, â€Å"Race in the present state of things is an abstract conception.† He further stated that race is â€Å"a conception of continuity in discontinuity, of unity in diversity. It is the rehabilitation of a real but directly unobtainable thing.† Based on Broca’s statements, it is difficult to classify humans into racial categories because the definition of what makes a person a member of a particular race differs from regionRead MoreThe Population Of Humans On Earth1468 Words   |  6 PagesPopulation Throughout most of human history, the population of humans on earth has been kept in check by environmental factors. With humans relying completely on the resources near to them, if a population began to grow too large it would be held back by a need for resources such as food and water. Once a civilisation grew large enough to have the food produced outside of larger cities and sold to the people in the cities, Diseases were the main factor holding population in check. However in the

Wednesday, May 6, 2020

Music in The Glass Menagerie by Tennessee Williams Essay

Music in The Glass Menagerie by Tennessee Williams Legend: Terror! many people wouldnt even know what a legend is let alone what this phrase means. In the play The glass Menagerie written by Tennessee Williams, legends which are short phrases or words, and images are projected on a special screen device that is specified for this certain play. This play has four main characters including Amanda, Tom, Laura and Jim who is also known as the gentlemen caller. The play is a memory play and includes a vast variety of visual and musical effects to create the feeling of memory as well as many other emotions and atmospheres. Even though some critics believe that the visual and musical effects used in The Glass Menagerie are†¦show more content†¦The stage directions become quite poetic when Williams describes the set that flower as warty growths in overcrowded urban centres. Some of the set that is described is very precise such as the hanging picture of a very handsome young man in a doughboys First World War cap, it goes on to say He is gallantly smiling as if to say, I will be smiling forever. This gives detailed information on how the director should have the person in the picture smiling. This is the picture of Tom and Lauras father. The cap also suggests the historical context because if their father has a cap from the First World War, it cant have been that long since the First World War took place. As the play is a memory play the lighting is usually quite dim to give an atmosphere. However in certain parts of the play the lighting becomes focused on certain characters. A clear example of this is during scene three, where Tom and Amanda are quarrelling about Toms job. Even though Laura does not say anything, some would argue that she is the most important character in the scene. This is due to the clear pool of light on her figure, she is also has clenched hands and a panicky expression. She is obviously worried about the argument between her mother and her brother. The white light could suggest her innocence, virginity or her pureness but many would say it suggests all these things and she resembles a holy angel. Amanda buys a rose coloured lamp to go inShow MoreRelatedThe Glass Menagerie By Tennessee Williams1055 Words   |  5 PagesDrama Oral: The Glass Menagerie by Tennessee Williams Good morning everyone, today I will be talking about â€Å"The Glass Menagerie† by Tennessee Williams. Context/ author biography Tennessee Williams was born in Columbus, Mississippi, in 1911. His birth name was Thomas Lanier Williams III. He got the nickname Tennessee in college due to his classmates calling him that because of his Southern accent and his father’s home state. Characters: Amanda Wingfield - Laura and Tom’s mother. She is a cheerfulRead More The Importance of Symbolism in The Glass Menagerie Essay1609 Words   |  7 PagesImportance of Symbolism in The Glass Menagerie  Ã‚      Tom Wingfield is the narrator and a major character in Tennessee William’s timeless play, The Glass Menagerie. Through the eyes of Tom, the viewer gets a glance into the life of his family in the pre-war depression era; his mother, a Southern belle desperately clinging to the past; his sister, a woman too fragile to function in society; and himself, a struggling, young poet working at a warehouse to pay the bills. Williams has managed to create aRead MoreMemory and Reality in Tennessee Williams The Glass Menagerie3119 Words   |  13 PagesMemory and Reality in Tennessee Williams The Glass Menagerie Being a memory play, it is dimly lighted, it is sentimental, it is not realistic. To what degree is the play memory and to what degree is it realistic? When a play employs unconventional techniques, it is not trying to escape its responsibility of dealing with reality, or interpreting experience, but is actually attempting to find a closer approach, a more penetrating and vivid expression of thingsRead More Tennessee Williams The Glass Menagerie Essay936 Words   |  4 PagesTennessee Williams The Glass Menagerie If The Glass Menagerie were performed without the effects Williams wrote into the script, then the play would barely have a plot. Williams use of music, lighting and a television screen add depth and meaning to the play. He uses effects to portray the feelings of the characters, rather than their words or actions. In Toms opening speech he states thatThe play is memory. Because it is about his memories of his mother and her memories. TheyRead More Comparing The Glass Menagerie and the Life of Tennessee Willliams2909 Words   |  12 PagesParallels in The Glass Menagerie and the Life of Tennessee Willliams In Tennessee Williamss drama The Glass Menagerie the setting and dramatization in the play are used to convey each member of the familys hopes, desperations, and fears. He uses symbols throughout the story to add a deeper meaning and give his characters a sense of mystery. Also, though maybe inadvertently, The Glass Menagerie actually parallels the people and events in Tennessee Willliamss life. The setting inRead More Essay on Symbolism in The Glass Menagerie1171 Words   |  5 PagesSymbolism in The Glass Menagerie Symbolism plays an integral part in Williams’s play, The Glass Menagerie. Examples of the use of symbolism include the fire escape, as an escape from the family, the phonograph, as an escape from reality, the unicorn, as a symbol for Lauras uniqueness and the father’s photograph, representing something different to each character. Through regonition of these symbols, a greater understanding of the play’s theme is achieved. Throughout the play, Tom WingfieldRead MoreThe Glass Menagerie By Tennessee Williams986 Words   |  4 PagesTennessee Williams’s The Glass Menagerie, is a classic drama about a young man who is tired of his dull and boring existence. Tom, the main character, struggles to deal with his family, who is apparently holding him back in life. With the use of powerful writing techniques, Williams is able to captivate his audience and create a play that has stood the test of time. An excellent writing technique employed by Williams that contributes to The Glass Menagerie’s success is his use of plot. ThroughoutRead MoreAn Analysis Of Laura In The Glass Menagerie1579 Words   |  7 PagesImpossible Freedom: An analysis of Laura in The Glass Menagerie The French actor and enthusiast, Vincent Cassel, pronounced â€Å"You can’t escape from what you are†. No matter how much a person dislikes who they are, they will never be able to escape their body and their mind. People can attempt to forget who they are and what their life is like, but in the end, they will always be stuck in their current situation. Similarly, Laura, in The Glass Menagerie, deals with her self consciousness issues fromRead MoreEscape from Reality in The Glass Menagerie by Tennessee Williams680 Words   |  3 PagesEscape from Reality in The Glass Menagerie by Tennessee Williams The Characters Escape From Reality in The Glass Menagerie The Glass Menagerie by Tennessee Williams centers around a dream of escape. Although everyone wants to escape from a different reality, they all feel that need to get away. The father is the most successful in his escape because he never has to deal with anything at home. He actually leaves and doesnt look back. As for the other four: Laura, Amanda, Tom, and Jim, they seemRead MoreFacing Reality in The Glass Menagerie by Tennessee Williams Essay1140 Words   |  5 PagesThe Glass Menagerie by Tennessee Williams was a confusing, astounding, and wonderful play that takes an in depth look at the complex relationships that develop between members of a family and then presents them for the audiences dissection. How did the characters in the play interact? What were the independent and dependent relationships between the characters? Perhaps most important, how did they cope with one another? That seemed to be the key question whe n looking at The Glass Menagerie. Each

Sex Slave Http ( / Topdocumentaryfilms ) - 1352 Words

Sex Slave: http://topdocumentaryfilms.com/sex-slaves/ Far from home, drugged, and bruised from head to toe these particular victims not only have and maybe still living a nightmare, but are scattered around the world in a binding industry that is close to impossible to stop. In Odessa Ukraine sex trafficking has become more than an issue, it’s become a profitable living for many people. Desperate for money or sold without a clue, these women have become part of a devastating cycle. With a group of detectives and the FRONTLINE’s production team, we see how the system is run and how easy it is to get in with no way out. The team brings in hidden cameras and fake clients to learn just how dangerous these systems can be. One specific group of†¦show more content†¦To sell and trade human beings to sexually use is an issue the whole world has been dealing with and has had no significant progression towards. We can teach in schools to say ‘NO’ to drugs but you can’t teach a child about the dangers of trafficking, in fact, you can barely address the topic with many adults. It’s not that it is a topic we aren’t concerned about, but it is a hard topic to actually have a good conversation over. In the LDS religion, we have no problem watching a movie about someone recovering from drugs or pornagraphy, but if the Mormon church were to display a mormon message (inspirational videos the LDS church makes) about someone recovering from human trafficking, I believe many would find it too hard to watch. We don’t like the subject and especially here in Utah where we are in a so called â€Å"bubble†, it’s hard to imagine that it would happen to us personally. Some may not even want to address it because it’s many times assumed that those who are involved with trafficking are runaways who willingly went into the business. You won’t find very many articles on prostitutes being abused in the newspaper, so why would you find women or men who are b eing sold as prostitutes forcefully? The world doesn’t like dealing with something that only the police should have to deal with. It’s not really something you want to get into and whether if that

Corporations Law of Saloman v Saloman & Co Ltd †MyAssignmenthelp.com

Question: Discuss about the Corporations Law of Saloman v Saloman Co Ltd. Answer: Introduction There are various forms of businesses which can be initiated in Australia, but amongst the most opted forms is the company. There are various characteristics of choosing a company form of business structure which includes perpetual succession, ability to raise funds from the public, separate legal entity and the different tax related benefits (Lipton, Herzberg Welsh, 2013). The key characteristics in this is the status of separate legal entity as a result of which the company is deemed as a separate artificial legal entity from the ones who run the business of the company. So, the company has separate rights, responsibilities and liabilities, for which the individuals running the company cannot be held responsible (French et al. 2016). Though, there are instances where this separate legal entity status is kept aside. Salomon v A Salomon And Co Ltd [1897] AC 22 saw the birth of this concept. In the Corporations Act, 2001 (Cth), which presides over the affairs of the company as a guid e and statutory act also covers the provisions where this separate legal entity status of the company is upheld (Cook et al. 2011). This discussion focuses on this very characteristic of the companies, particularly in the Australian context. Separate Legal Entity At the very start of this discussion, it had been stated that the company is deemed as a separate legal entity, where it is deemed as an artificial person and is separate from the ones who run its affairs. And this features leads to the company being chosen as the preferred business structure in not only Australia, but across the globe (Abbott, Pendlebury Wardman, 2007). This concept results in the company being treated as a different being in terms of law, particularly from its management and members. This is the reason why the names of the two companies cannot be similar, so as to avoid the liabilities of one being attracted to the others; and also so that the company can make a case against others by using its own name (Latimer, 2012). The company being an artificial person attains a perpetual existence, apart from being a different legal person. This means that upon the death of the management of the company, or its director, or even the entire population of the company, the company would still continue as it is a separate person in the eyes of law and continues to be in existence (Kerr, 2014). This does not mean that a company does not come to an end; it can be ended by winding up, court order or liquidation process (Hanrahan, Ramsay Stapledon, 2013). Again, the separate status of the company helps the shareholders in not being held liable for the debts of the company. And the shareholders can only be asked to contribute the amount which is unpaid on their shares, that too in the event of winding up. So, the person assets of the shareholders cannot be attached and continue to be safe from the debts of the company (Gibson Fraser, 2014). The House of Lords in Salomon v A Salomon And Co Ltd gave a landmark decision, which continues to shape the company form of business structure in every part of the world, due to the concept of separate legal entity given through it. In this matter, the company had been provided with a corporate personality and the court held that the creditors of this insolvent company did not have the right to initiate legal action against the companys shareholders and be successful in the same, with regards to the payment of outstanding debts against the company. This case saw Salomon incorporating a limited company which was formed after he transformed his personal business of shoe manufacturing into the business of this newly formed company. And this was done when the shares of the company were held by Salomon had held, along with the debentures which he got upon incorporating this company by transferring his former business (Kershaw, 2012). Once the company failed completely, an action was initiated by the companys liquidators whereby they stated that there was no need to honour the floating charges and also stated that there was a need to make Salomon personally liable for the undertaken debts of the company. When this allegation was made, Salomon sued the liquidator of the company. It was held by the court that the incorporation of the company had taken place as per thelaw and there was no need on part of the court to make speculations regarding the motives and the exorbitances regarding the incorporation of the company. Merely because a single person held the majority of the company, did not cancel out the fact that the company was not a separate person as per the law or that it was not different from the people directing the mind and will of the company. This led to the company stating that only in an extraordinary case could the corporate veil of the company and if that is not established, the company would continu e to enjoy its separate legal entity status (Swarb, 2017). There have been numerous cases where this characteristic of the company has been upheld by the courts (Butt Hamer, 2011). For instance, in the case of Lee v Lee's Air Farming [1961] AC 12 the Privy Council provided that the company had to be deemed as a separate legal entity in this case, which meant that the shareholders or the directors who entered into the contract for the company has to be considered as the employee of such a company. In this case, the entire issued capital was held by Lee, save for a single share which was held by the solicitor of Lee. So, effectively the control and the affairs of the company were in hands of Lee. While he was undergoing a particular task for the company, he was killed which led to his widow making a claim for the worker compensation deeming Lee as a worker of the company. Though, the court rejected these claims of the widow and stated that even though the effective control of the company was in hands of Lee, he could not be considered as an e mployee of the company. From this decision, Lees widow made an appeal in Privy Council where the decision was given in favour of the widow (Bourne, 2016). Under the Corporations Act, 2001, this separate legal entity status can be found in different sections (Hall Macken, 2012). Section 119 of this act provides that when the company gets registered as a body corporate, it comes into existence. And once the company is formed, it is to be considered as a separate person carrying on its operations and undertaking different contractual obligations and related work (Federal Register of Legislation, 2017). Under section 198A(1) of the Corporations Act, the business of the company is required to be managed based on the directions which are given by the directors. Subsection (2) of this section provides that the directors can exercise the powers which are related to the company (WIPO, 2015). So, the directors have been given to run the affairs of the company on behalf of the different stakeholders, instead of running it as their personal business. So, even though the affairs of the company are operated on the basis of the mind and will of the top management, but these have to be undertaken on the basis of the companys objectives only (Cassidy, 2006). It has already been stated that the Australian companies are embedded with the separate legal entity status, as is the case with the companies across the globe, but this concept has seen a lot of changes and has grown since Salomon v A Salomon And Co Ltd. A particular reference here has to be made to the task of identifying the place where the companys affairs as being undertaken or were undertaken in a manner which would require the court to uphold the separate legal entity status of the company or to go ahead with the piercing of the corporate veil of such company. Piercing the corporate veil refers to setting aside the separate legal entity status of the company and holding the people who are running affairs of the company, liable for the acts undertaken by them (Bonomelli, 2014). For instance, Pioneer Concrete Services Ltd v Yelnah Pty Ltd (1986) 5 NSWLR 254 saw the courts giving the order to set aside the separate legal entity status held by the company and to pierce the corpora te veil to deduce the legal personality of the controllers who actually were responsible (Ramsay Noakes, 2001). With the passage of time and the growing number of cases in this regard, certain individuals have identified the manner in which they could manipulate the separate legal entity status of the company and avoid the corporate veil of the company from being pierced. Such manipulation of the cunning minds makes it obligatory to use this concept in an effective manner, so that it does not become a costly affair for the companys diverse stakeholder groups. The misuse of this concept can also be denoted by the different case laws which highlights the use of this characteristic in an unfair manner. This is with particular reference to all the cases revolving around the James Hardie scandal. To quote just two cases of this scandal would include the cases of Peter James Shafron v Australian Securities and Investments Commission (2012) HCA 18; 286 ALR 612 and ASIC v Macdonald (No. 11) [2009] NSWSC 287 (Norton Rose Fulbright, 2012). The cases associated with this scandal saw the company secretary, general counsel, directors and the other key members of the management, including the officers of the company, being penalized and disqualification orders being passed for different number of years. Even though a number of people were punished in this scandal, it does show that magnitude and the time period of this scandal, along with the time which is spent in bringing the wrongdoer to face the consequences of their actions. Hence, for the future, the law has to be moulded in a manner that the people avoid the misuse of the separate legal status of the company to do their own wrong work, if not fear the same. In this regard, there is a need to take the relevant steps, which could be in form of increasing the maximum penalties which can be imposed on such breaching parties and misusing parties, which would make the prospective of punishment such a costly affair that it would effectively outweigh the possible benefits from misusing the separate legal entity status. There is a need to include the provisions of making it a criminal liability where such a case is established against the directors and also to decrease the time duration which takes in brining the responsible parties liable. But, this does not mean that there is a need to abolish the separate legal entity status of the company as it is a crucial feature for the companies, without which the companies would lose their sheen. Conclusion From the discussion carried on in the previous segments, it becomes clear that the company form of business structure has a separate legal entity status whereby the company is deemed as a separate entity from the top management which runs its affairs. This principle was born through the case of Salomon v A Salomon And Co Ltd where the court held that only in extraordinary cases could the corporate veil of the company be pierced. And for this, there have to be compelling reasons before the court. The Corporations Act also covers the provisions where the companies are given a separate status in the nation. The concept of separate legal entity has evolved since it had been created. And with time, its misuse is being increased, which makes it necessary to bring safeguards against its misuse. But, this does not in any sense means, that there is a need to eradicate this feature of the companies, as without which a company cannot be deemed as a company. References Abbott, K., Pendlebury, N., Wardman, K. (2007).Business Law (8th ed.). London: Thomson. Austin, I.M., Ford, R.P. (2012). Fordsprinciples of corporations law (15th ed.). Chatswood, NSW: LexisNexis. Bonomelli, M. (2014) Wholly-owned subsidiaries: same same but different. Retrieved from: https://www.lexology.com/library/detail.aspx?g=90cc6c72-de1a-4ba7-91d0-7cd7a798c5ed Bourne, N. (2012). Bourne on Company Law (7th ed.). Oxon: Routledge. Butt, P., Hamer, D., (2011). LexisNexis concise Australian legal dictionary (4th ed.). Chatswood, NSW: LexisNexis. Cassidy, J. (2006). Concise Corporations Law (5th ed.). NSW: The Federation Press. Cook, C., Creyke, R., Pryor, G., Geddes, R., Taylor, T., Hamer, D. (2011). Laying down the law (8th ed.). Chatswood, NSW: LexisNexis. Federal Register of Legislation. (2017). Corporations Act 2001. Retrieved from: https://www.legislation.gov.au/Details/C2013C00605 French, D., Mayson, S., Ryan, C. (2014). Mayson, French Ryan on Company Law (31st ed.). Oxford: Oxford University Press. Gibson, A., Fraser, D. (2014). Business Law 2014 (8th ed.). Melbourne: Pearson Education Australia. Hall, K., Macken, C. (2012). LexisNexis guide series: legislation and statutory interpretation. (3rd ed.). Chatswood, NSW: LexisNexis. Hanrahan, P., Ramsay, I., Stapledon, G. (2013). Commercial applications of company law 2013 (14th ed.). Sydney, NSW: CCH Australia. Kerr, D. (2014). Hiding Behind Subsidiaries: Holding Parents Liable. Retrieved from: https://www.gulawreview.org/entries/commercial/hiding-behind-subsidiaries-holding-parents-liable Kershaw, D. (2012). Company Law in Context: Text and Materials (2nd ed.). Oxford: Oxford University Press. Latimer, P. (2012). Australian Business Law 2012 (31st ed.). Sydney, NSW: CCH Australia Limited. Lipton, P., Herzberg, A., Welsh, M. (2013). Understanding Company Law (17th ed.). Australia: Thomson Law Book Co. Norton Rose Fulbright. (2012). The James Hardie Decisions: Australian Securities Investments Commission v Hellicar Ors [2012] HCA17; Shafron v Australian Securities Investments Commission [2012] HCA 18. Retrieved from: https://www.nortonrosefulbright.com/knowledge/publications/66582/the-james-hardie-decisions-australian-securities-investments-commission-v-hellicar-ors-hca17-shaf Ramsay, I.M., Noakes, D.B. (2001). Piercing the Corporate Veil in Australia. Company and Securities Law Journal, 19, 250-271. Swarb. (2017). Salomon v A Salomon and Company Ltd: HL 16 Nov 1896. Retrieved from: https://swarb.co.uk/salomon-v-a-salomon-and-company-ltd-hl-16-nov-1896/ WIPO. (2015). Corporations Act 2001. Retrieved from: https://www.wipo.int/wipolex/en/text.jsp?file_id=370817

Tuesday, May 5, 2020

Ethical Dilemma And Ethical Problem Samples †MyAssignmenthelp.com

Question: Discuss about the Ethical Dilemma And Ethical Problem. Answer: Ethical Dilemma refers to the ethical problem of decision-making of a person,whena person goes through thecontroversy of the right and the wrong moral philosophy. In the article, the ethical dilemma is on the part of legislation, and it pivots around the fact that even after molesting six girls in a single week, the culprit was punished only with three year jail and ten strikes of cane. The judge, Sandra Looi herself admitted that it was a heinous crime and for each molests the culprit deserved 2years imprisonment, yet, the sentence given to him was too liberal (Lee, 2018). The law is stuck with ethical dilemma between the intensity of the crime and the punishment assigned. The ethical theory that can be complied with this context is Utilitarianism, that focuses on the benefit of the maximum (Christians et al., 2015). The laws were framed to benefit the mass so that the system remain unbiased. However the theory of Utilitarianism puts the judges into ethical dilemma where the crime was potent enough to negatively impact on nascent minds, yet the shackles of law restricts the court to make the punishment severe. References Lee, G. (2018).Nurse molested 6 girls in 2 weeks; he stuck masking tape on fingers to avoid detection.The Straits Times. Retrieved 7 April 2018, from https://www.straitstimes.com/singapore/jail-caning-for-nurse-who-molested-six-girls-in-two-weeks Christians, C. G., Richardson, K. B., Fackler, M., Kreshel, P., Woods, R. H. (2015).Media Ethics: Cases and Moral Reasoning, CourseSmart eTextbook. Routledge.