Friday, January 24, 2020
The Grange :: essays research papers
The Grange The Grange was the first major farm organization and began in the 1860's. This organization was created mostly as a social and self-help association not originally an organization of protest. During the depression of 1873, this group of bonded friends, became an "agency for political change." They knew in ordered to help themselves they must become a voice in this new government in order to survive. With the depression farm product prices began to decrease. More farms joined the Grange to band together to resolve the issues before them. Beginning as a small group of friends learning from each other what worked and what didn't, by 1875 the Grange boasted of over 800,000 members and 20,000 local lodges; claiming chapters in almost every state, being the strongest in the states that produced the most: the South and Midwest. As a group (strong in member) they made their statement to the world on an appropriate day, Independence Day 1873. The framers Declaration of Independence informed those listening they were ready to fight back. The Declaration stated they would use "all lawful and peaceful means to free themselves from the tyranny of monopoly". Many of the members opened stores and other businesses so they could begin to buy and sell to each other. However most of these were farmers, with families, not businessmen and many companies didn't survive because of their lack of real business knowledge and the pressures of the middlemen who wanted them to fail. They worked as a team to get candidates elected who agreed with the need for governmental control of the railroads. With the control of the Legislatures they implemented governmental controls on railroad rates and practices. However the railroad was also very wealthy. They hired lawyers who soon destroyed the new regulations. With these defeats and with the new rise in farm prices in the late 1870's the Grange began to lose strength and power, dwindling to a membership to only 100,000 by 1880. The Grange was the springboard for another banding together of farmers, the Farmers Alliances. This new movement began in the Southern states and quickly spread beyond what the Grange had been. One of the most notable differences within the Alliance, was the approval of women to vote and become speakers and leaders for their cause. The Alliance however, had similar problems as the Grange. Many of the cooperations, stores, banks, processing plants and other resources began to suffer the same fate. Lack of solid management and the market forces operating against them caused them to fail. These disappointments aided the forming of a national political organization.
Thursday, January 16, 2020
George Orwells ââ¬ÅA Hangingââ¬Â Essay
George Orwellsââ¬â¢ ââ¬Å"A Hangingâ⬠is a very descriptive piece. It starts off going into a detailed description of the weather, jail cells, and the inmates. The description goes so far to even mention that the man who was going to be hanged jumped over a water puddle. This shows me that even though it shouldnââ¬â¢t matter because heââ¬â¢s about to die it is just a natural instinct. When Orwell starts to describe the weather it sends out a dark uneasiness atmosphere. He describes the jail cells where the condemned people live as ââ¬Å"small animal cagesâ⬠this gives the impression on how bad the conditions were. This is the first sign of how inhumane it is there. Orwell then described the prisoner ââ¬Å"a puny wisp of a man with vague liquid eyes.â⬠He described him like this without telling about the crime so no one could stereotype the prisoner or be influenced to see him in a different light but only as a favorable, powerless Hindu man. Orwell gives in tense description to show the harsh treatment and to give his dislike for the way the people were treated. The dog that jumped on the man who was about to be executed was friendly to him and didnââ¬â¢t see him in his wrong doing unlike the people who intended to execute him. This made the inhumane execution seem even worse. I think the major conflict is that he knows that this harmless seeming man is about to be executed and he has no choice but to go along with the killing of this man even though he knows it is wrong. He has a strong dislike for the situation but because of his occupation and he doesnââ¬â¢t want to be looked at differently he doesnââ¬â¢t stand up for the man and stop the execution. He is expected to help with the hanging because it is one of his duties as an imperialist British police officer. In the story Orwell said, ââ¬Å"I saw the mystery the unspeakable wrongness, of cutting a life short when it is in full tide.â⬠To me this means they would be ending a manââ¬â¢s life that has a future and once his life is ended that future will never be experience d. After this Orwells view of capital punishment it is morally wrong and he thinks that no person should take another personââ¬â¢s life. When the prisoner begins to chant to his god it started to build up tension between the execution party and him. When Orwell said ââ¬Å"the Indiansà had gone grey like bad coffee.â⬠He is simply expressing his distaste for the actual hanging itself. When he talks about the clanking sound then the dead silence he showed me how quick and easy it was to take a personââ¬â¢s life. The dog then again showed human like emotions against what was going on. Orwell said ââ¬Å"it stopped short, barked then retreated into a corner of the yard.â⬠This made me think the dog had emotional ties with the man also and it shows the dog in shock and just disgusted at the things that had just took place. Throughout this story Orwell expresses his outrage of the things that are taking place but doesnââ¬â¢t seem to try to stand up for what is morally right. Orwell uses figurative imagery and vivid description to revel his disapproval for capital punishment. Orwell skillfully manipulated the mood to engage readersââ¬â¢ emotions and convinces his anti-capital punishment among you. He sometimes even showed his emotional reactions through the dog. The purpose is to show the contrast of the overall value of life with it being destroyed by another people. He also tries to improve the mood of understanding the issues of capital punishment that have took place by showing how wrong it is to take someoneââ¬â¢s life no matter their crime, religion, or anything that makes them different from another person. He resolves his conflict by writing about this and informing people that your morals shouldnââ¬â¢t be put to the side just because it is the duties of your occupation. Orwell is showing people that capital punishment is wrong no matter what the circumstances. Some feelings I felt while reading this were sympathy, compassion, uncomfortableness, surprise, and unease. At the beginning of this I was all for capital punishment but as I have read it I feel as if capital punishment is wrong because no one should have the right to say because of whatever reason it may be you need to die. They should just stay locked away forever if people think that they should be killed for some kind of wrong doing. I donââ¬â¢t see how the how the execution party could watch either because handing somebody is inhumane no matter how you look at it. I feel that the people that are conducting the execution are the most inhumane people and that the execution party that watches it are not far from it. I now understand the actual meaning of capital punishment and reading this short story has changed my perception on capital punishment a great deal. I also understand why I should not let other outside factors influence what I know is morally correct whether it be something as seriousà as capital punishment or just day to day things in my life. Whatââ¬â¢s right is rig ht and whatââ¬â¢s wrong is wrong.
Wednesday, January 8, 2020
Animal Assisted Intervention In Dementia - 1411 Words
The quasi-experimental study will be longitudinal and evaluative in nature, evaluating the effectiveness of AAI in persons with dementia over a span of three years. The researcher will seek to follow two hundred dementia patients over 65 over the course of three years, evaluating the impact of Animal-Assisted Intervention, in the form of fish aquariums, on their quality of life and mental state. Participants will be selected that are over 65 and have had a diagnosis of dementia for at least a year. Cluster sampling will be used to select patients from 10 Dallas Fort Worth area nursing homes or memory care facilities. Nursing homes and memory care facilities used in the study will be selected to represent a variety of socio-economic andâ⬠¦show more contentâ⬠¦Additionally, even when animal-assisted therapy is done by volunteers, the required facility staff can make it a drain on resources. By comparison, beta fish and their small tanks are inexpensive and require little attenti on by staff. By assigning fish to individual participants, they are able to spend a lot of time in the presence of their fish and feel a sense of ownership and even companionship. Additionally, the researcher hopes that the responsibility of feeding their fish will foster a sense of autonomy and self-sufficiency for participants. Researchers will record the weight of all participants, and administer the geriatric depression scale (GDS) and the Mini mental state evaluation (MMSE) to all participants. These instruments will target three areas of quality of life as identified by the researcher: physical well-being, mood and mental health, and cognitive functioning. Data Collection Weight will be recorded at the beginning of the study for all participants and the mini mental state evaluation and geriatric depression scale will be administered for initial scoring. In the first year of the study, participants will be weighed and retake the GDS and MMSE every three months. In the last two years of the experiment patients will be weighed and complete the GDS and MMSE every four months. The geriatric depression scale (GDS), a 30 item inventory, has been proven to have high discriminantShow MoreRelatedThe Characteristics Of The Cognitive Disease1307 Words à |à 6 Pagesdisease is, it can be very mild or very devastating. These types of diseases happen in the brain because that is where cognitive productivity takes place. Dementia is a cognitive disease that comes in many forms and is one of the most common forms of disease that accompanies Alzheimerââ¬â¢s. It is estimated that around half of those diagnosed with Dementia or Alzheimerââ¬â¢s are institutionalized. (Sellers, 2006). Most commonly it starts in the memory, and as time goes on it gradually deteriorates the cognitionRead MoreHumans Are Social And Emotional Beings1037 Words à |à 5 Pages2015). The introduction of animals or pets can help prevent or manage depression symptoms and improve quality of life by fulfilling the social and emotional needs of a person. The reason for this is animal companionship offers non-human social support, enables interactions with other people, makes fearful events less stressful, and moderates the cardiovascular stress response (Friedmann, Thomas, Son, 2015). For these reasons, many long-term facilities offer animal companionship as part of theirRead MoreEssay On Alzheimers828 Words à |à 4 Pagesand Caregivers Patients and caregivers who are suffering from Alzheimerââ¬â¢s are seeking ways to relieve their burden and improve their quality of life. An intervention which includes community resources such as, community support groups, adult day care, respite care services and nursing homes can be excellent resources to help people with dementia and enhancing caregiver coping skills; with the early diagnosis, the patients and families can gain benefits to these programs (BrightFocus, 2015). PharmaceuticalRead MoreCase Study Of Amat931 Words à |à 4 Pagesvascular dementia for eight weeks, collecting data a total of three times. The evaluative study is a longitudinal single subject design. After three months the participant continued to show improvements in behavioral symptoms but was experiencing physical decline. While the single subject design and diagnosis of cancer in the participant lead to low validity, this study utilizes a wide range of instruments including the Cohen Mansfield Agitation Inventory (CMAI), Multi-Dimensional Dementia AssessmentRead MoreThe Effects Of Animal Assisted Therapy On The Well Being Of Residents At A Long Term Care1285 Words à |à 6 Pages The Effects of ââ¬Å"Animal-assisted Therapyâ⬠on the well-being of Residents at a Long-Term Care. 999735559 University of Toronto PSYB01 Professor Nagy July 20, 2015 This study was inspired by ââ¬Å"Aceâ⬠the therapy dog Abstract The rationale for this study is developed through personal experience of the researcher at Baycrest and review of past and current research relating to this study. This study looks upon the effect of animal-assisted therapy (AAT) on the psychophysicalRead MoreGeriatrics : A Short Study1042 Words à |à 5 PagesIn a pilot study conducted by Prosser and colleagues, researchers seek to evaluate if companion animals improve mood and quality of life in the growing aging population. The study followed participants for six weeks during after group interactions with therapy or companion animals. The study utilized a convenience sample of 16 females and 2 males at a nursing home. Though the sample is small and lacking in diversity, it is appropriate for a pilot study. This study utilizes the geriatric depressionRead MoreSensory Interventions Of Dementia Patients820 Words à |à 4 Pages 1 Research Summary Table: Sensory Interventions in Dementia Patients Morgan Shippy (Students Name) Northwest Arkansas Community College NURS9108: Fundamentals of Nursing Summer 2016 (Term Year) 2 Research Summary Table: Sensory Interventions in Dementia Patients Author, Year of Publication Purpose Sample/ Number of Participants Design/LevelRead MoreAn Introductory Course Into Animal Assisted Therapy Essay1938 Words à |à 8 Pagescourse into Animal Assisted Therapy, I have learned about the Human-Animal Bond, the history of AAT and AAA, the five freedoms, the differences between AAT and AAA, and the various populations in which this therapy responds greatly to. This paper gives a detailed and comprehensive overview of what I have learned from this course and my own perception of how I will incorporate things learned from this course into my everyday life and into my future career in AAT. The HAB, or the Human Animal Bond, isRead MoreThe Use Of Music And Singing On Young Adults Written By Eells ( 2014 )1649 Words à |à 7 Pageshospitable activities as therapeutic nursing interventions for managing anxiety and other health problems in the increasing number of older adults. Eells (2014) started writing the article by going through online literature using searches of Cumulative Index of Nursing and Allied Health Literature (CINAHL), Medline and PsyARTICLES databases. Eells (2014) considered three themes in her analyses with a view to understanding how using music/singing as nursing intervention reduces anxiety symptoms, increasesRead MoreAnimals Have Been Used For Animal Therapy From Early As1873 Words à |à 8 PagesAnimals have been used for animal therapy from early as the 18th century (Chu et al., 2009). Animals have been shown to aid in lowering stress, feelings of isolation and depression. Studies have shown that different types of animal therapy can be helpful with a range of mental illnesses, from schizophrenia to anxiety to dementia. There are many ways that animals can be implemented into different forms of therapy. There are uses for animals in psychological and physical therapy. Each of these present
Tuesday, December 31, 2019
Lesson in Shaws Pygmalion Essay - 566 Words
Lesson in Shaws Pygmalion Writing Pygmalion in a Play format allowed Shaw to present his often-disputable views to an extended audience in a convenient, enjoyable format. By using this means to put over his message the audience is having a good night out at the theatre, as well as being taught a lesson. Society was changing at an alarming rate and Shaw wanted to make sure his audiences were pushed into thinking about issues such as imminent feminism, the class system and the importance in the way we speak. These were all relevant issues when the play was 1st performed in 1914. Taught a Lesson to the audience Cross over Entertained the audience Role Reversal ============= In 1914 the attitude towards theâ⬠¦show more contentâ⬠¦English accent asked she would think what I nice young man. Shaw also thought that it still wasn?t enough to have excellent pronunciation but abysmal grammar (as shown in Mrs Higgins? @ home scene) Tension ======= - Tension between Male and Female. Link role reversal and Humour. - Tension when you?re waiting for Eliza to say a mistake. E.g., Mrs Higgin?s @ home day and Ball-not as much as the @ home day as she learns from that experience. - These are both examples of dramatic Irony (knowing more than the people on stage and anticipating her reactions. Class With Pym Shaw can show the diffences in class by showing the audience the appaling conditions of Eliza?s home at Angel court and comparing with the ralaxation of life @ Wimpole Street. Shaw also shows the different values of the class structure by using the character of Alfred Doolittle. He says that working class are free and honest, whilst upper class have false values eg. Believe that purly because they had social status and wealth they were superior to the classes beneath them. Shaw belevied that this view should and will change. Settings ======== - Mrs Higgins House = Up to date furniture eg. Big Ottoman and oil paintings, ornaments simply yet elegant writing table, Chippendale and Elizabethan chairs and a piano. Tells us she?s elegant and fashionable even though she not into younger up-to-date fashion. - V.Show MoreRelatedAnalysis Of George Bernard Shaw s Pygmalion2617 Words à |à 11 PagesSocial standing is central to the plot of George Bernard Shawââ¬â¢s play ââ¬Å"Pygmalionâ⬠. The portrayal of class identity in Shawââ¬â¢s play appears to be a criticism of the distinctions between high society and the poorer classes in Victorian England. Shawââ¬â¢s aim was to portray how the upper-crust of Victorian society viewed the lower classes, as evidenced by Higginsââ¬â¢ treatment of Eliza upon her first visit to his laboratory; Higgins treats her as though she is too stupid to understand that he is insulting herRead MoreShaws Pygmalion Essay823 Words à |à 4 PagesShaws Pygmalion Pygmalion can be classified as a comedy. The objects of the comedy centralize around the people, the ideas and the attitudes. The first humorous part of the play is with Mrs Eynsford-Hill and her daughter Clara waiting for Claras brother Freddy to get them a taxi as it was pouring with rain. They get annoyed so Clara asks, do you expect us to go and get one ourselves?. The audience/reader of this play finds this humorous because the Eynsford-HillsRead MoreEssay about George Bernard Shaws Life and Works1933 Words à |à 8 PagesBernard Shaw was born in Dublin of Protestant stock in 1856. During Shawââ¬â¢s fifty-eight year career he wrote novels, short stories and several reviews, essays and prefaces. Shawââ¬â¢s early writings were based on the unrealistic Victorian ideas and written as a comedy that made fun of romance during that time period. Like many other Irish writers, Bernard Shaw contributed highly to English literature and drama with writings such as Pygmalion, a play that was based on a part of his life and written as a comedyRead MoreSocial Class in Pygmalion1049 Words à |à 5 Pagesââ¬Å"Pygmalionâ⬠, by George Bernard Shaw, is a modern metamorphosis of the story Pygmalion, legendary sculptor and king of Cyprus, who fell in love with his own statue of Aphrodite. At his prayer, Aphrodite brought the statue to life as Galatea. In his own play, Shaw reveals a t wist in the Greek myth, where by he transformers a flower girl into a duchess through the power of speech. The author uses this mythology to portray aspects of Victorian England common social class classification. The author usesRead MoreLanguage : Tool Of Empowerment Essay2280 Words à |à 10 PagesOn the other hand, words that convey a negative meaning may instill images of pain, sorrow or injustice. George Bernard Shawââ¬â¢s Pygmalion is an ultimate portrayal of the significance of language in society. More specifically, Shaw aims to critique his concurrent societyââ¬â¢s exploitation of women and the working class via his renowned play. However, the irony lies in that though Shawââ¬â¢s play seem to criticize gender and class inequality, the ambiguity by which he paints his characters may be misunderstoodRead MoreG. B. Shaws Pygmalion2306 Words à |à 10 PagesLike all of Shaws great dramatic creations, Pygmalion is a richly complex play. It combines a central story of the transformation of a young woman with elements of myth, fairy tale, and romance, while also combining an interesting plot with an exploration of social identity, the power of science, relations between men and women, and other issues. Pygmalion is one of Shaws most popular plays as well as one of his most straightforward ones. The form has none of the complexity that we find in HeartbreakRead MoreEnlightment of Education in Pygmalion and Educating Rita9449 Words à |à 38 PagesTop of Form [pic]à à à à à à à à à à à à à à [pic]à [pic] Bottom of Form Share on mymailruShare on facebookShare on twitterShare on vkMore Sharing Services0 | | |Ãâà ¾Ã ¹Ã'âà ¸ |Literary analysis of the play Pygmalion by G.B. Shaw -à ÃËà ½Ã ¾Ã' Ã'âÃ'â¬Ã °Ã ½Ã ½Ã'â¹Ã ¹ Ã' à ·Ã'â¹Ã ºÃ -Ã'â¬Ã µÃ'âà µÃ'â¬Ã °Ã'â | |Top of Form |Plan: | |Email |à Read MoreCompare/Contrast the Treatment of Femininity in Pygmalion and Medea1437 Words à |à 6 Pagesremains surprising that male writers have been able to perceptively portray women above their previously subordinate positions in society. In George Bernard Shaws Pygmalion, we see the main character, Eliza Doolittle transformed from an ill-mannered Cockney flower girl into a high society debutante with the help of some elocution lessons provided by Mr Henry Higgins, a professor of phonetics and financed by his well-travelled friend, Colonel Pickering. Higgins expects that he can teach Eliza enoughRead MoreCharacterisation of Eliza Doolittle and Henry Higgins in Shaws Pygmalion1730 Words à |à 7 PagesPygmalion is written by dramatist, playwright and critic George Bernard Shaw in the year 1912 and was first published in the year 1913. The drama revolves around three main characters ââ¬â Eliza Doolittle, Professor Henry Higgins and Colonel Pickering ââ¬â who are all striving towards the same goal. That is, they want to be able to pass Eliza off as a Duchess rather than the flower girl from the London slums that she actually is. It starts as just a bet on the part of the Professor and the Colonel, butRead MoreTh e Life and Career of George Bernard Shaw Essay797 Words à |à 4 PagesJuly 26, 1856 in Dublin, Ireland. His parents were mother Lucinda Elizabeth Garly and father George Carr Shaw. His father and grandfather were both alcoholics. His mother was from Carlow. She was a musically gifted and taught singing and music lessons (Kunitz 1268). Bernard was the third and youngest sibling in his family. He had two older sisters (Weintraub 655). Bernards fathers and grandfathers alcoholism caused Bernard to hate both alcohol and tobacco. His abstaining from drugs also led
Monday, December 23, 2019
Mattel s Iconic And Best Selling Brand - 924 Words
Mattelââ¬â¢s iconic and best-selling brand is The Barbie. Introduced in 1959 as ââ¬Å"The Teenage Fashion Model,â⬠Barbie allowed girls to experience fashion and to explore various dreams, fantasies and aspirations without ever leaving home. Because of the introduction of the television in the 1950 s, companies discovered a new consumer audience among children and teenagers. The post-war era saw a strong economy advancing the middle class suburban families. Now, buying toys became a year round business versus holiday or luxury items. Barbieââ¬â¢s image has since transitioned from the archaic glamourous 50ââ¬â¢s house wife to an image that has become a part of the American fabric, by reflecting the women of each generation. The Barbie brand is known for its lucrative collaborations, having created collectorââ¬â¢s items for iconic brands such as Chanel, Oscar De La Renta, Coca Cola, and most famously the Disney Princess line. This franchise has recently gone through a drastic product rebirth over the past 10 years; modifying the traditional and controversial measurements, in order to make Barbie appear more realistic and naturally proportionate and physically diverse. According to an article in The Atlantic ââ¬Å", [Barbie] will now come in a variety of shapes and shades. (And also: a variety of hairstyles, and eye colors, and ââ¬Å"face sculpts.â⬠) The doll will still be fairly cartoonishââ¬âthis is Barbie, after allââ¬âbut, from today, she can be bought in sizes ââ¬Å"petiteâ⬠and â â¬Å"tallâ⬠and ââ¬Å"curvy.â⬠(Garber, 2016)Show MoreRelatedStereotypes And Exploitation Of Gender Profiling3611 Words à |à 15 Pagesand otherwise- are active processes, moving targets, from fertilization until death. Third, no single academic or clinical discipline provides us with the true or best way to understand human sexualityâ⬠(Fausto-Sterling, 2000) Throughout this study I compared to of the largest toy brands in the world LEGO and Barbie, they are both iconic pop culture symbols and were perfect for this paper. Researching thoroughly the effects that negative stereotypes and exploitation of gender profiling can have. ThroughRead MoreSex Hormones And Its Effect On Gender3589 Words à |à 15 Pagesencouragement of social norms and familiar gender roles. (Fausto-Sterling, A 2008) Away from the biological, peer group influences, such as school friends and their families also reinforce gender stereotypes while in the wider world mass media, from children s TV to advertising campaigns, government guidelines on education and community structure and various external influences such as culture and religious beliefs, and according to Fausto-Sterling (2008) ââ¬Å"all form the mannerisms of the individual and defineRead MoreBarbie s Influence On Women s Equal Rights And Opportunities1760 Words à |à 8 Pagesself-assurance Barbie has brought upon them. To counteract the previous statement, with the help of Barbieââ¬â¢s many job titles, women s equal rights and opportunities have flourished. The creator of Barbie, Ruth Handler, created her so that, ââ¬Å"through the doll, the little girl could be anything she wanted to be. Barbie always represented the fact that a woman has choices,â⬠(Mattel 2016) to serve a purpose as a role model to show kids to love themselves instead of trying to be like her.The unrealistic selfRead MoreReed Supermarket Case32354 Words à |à 130 PagesFlashcards to test your knowledge of key terms and defini tions Classic extra case studies that help take your learning further We work with leading authors to develop the strongest educational materials in marketing, bringing cutting-edge thinking and best learning practice to a global market. Under a range of well-known imprints, including Financial Times Prentice Hall, we craft high-quality print and electronic publications which help readers to understand and apply their content, whether studying
Saturday, December 14, 2019
Power Point Free Essays
Common Sense Informative Speech Outline General Purpose: To Inform Specific Purpose: At the end of my presentation, my audience will understand the importance of common sense, how little itââ¬â¢s being used, and how it affects us. Introduction I. Attention Getter-(ask a question) What is common sense? Common sense is good sense and sound judgment derived from experience rather than study. We will write a custom essay sample on Power Point or any similar topic only for you Order Now ______________________________________________________ II. Audience Relation-You can use common sense when you decide to choose the good over the bad or in any case where you are doing the reasonable thing and not the dunderhead things that most of the people do. __________________________________________________________________ III. Central Idea-Common sense (or better referred to as reasoned sense because itââ¬â¢s not common and itââ¬â¢s based on reasonable perspectives with a better understanding of an issue by studying it according to Jim Taylor, Ph. D. pecialist on human performances) is very important because it can help us to solve problems, but itââ¬â¢s rare that anyone uses it. _________________________________________________________________ IV. Preview-Today Iââ¬â¢m going to talk about the importance of common sense and its secrets. ___________________________________________________________________ Transition-A super power that everyone has but almost nobody uses is common sense and these are the factsâ⬠¦_________ ____________________________________________________________ Body I. 1st main point-Information about common sense. _______________________________________________________________ A. Support-Common sense is good sound judgment based on experience rather than study and people with common sense are seen as reasonable, reliable, and practical. _________________________________________________________________ B. Support-Common sense is one of the most revered qualities in America and people who donââ¬â¢t use it are considered stupid, ill informed, and poor decision makers. ________________________________________________________________ Transition-Yet, there is a better form of common sense. _____________________________________________________________________ I. 2nd main point-A more accurate, helpful, and better version of common sense is? ______________________________________________________________________ A. Support-Reasoned sense is good sound judgment derived from rigorous study of an issue, also with the experience of past tense using reasonable ideas. _________________________________________________________________ B. Support-Reasoned sense is a more advanced form of common sense (if you can call it that) than offers more accurate sound judgments by study of an issue and is better to act with reasoned sense for better problem solving. _________________________________________________________________ Transition-But there are ways that we are prevented from using common sense because of the fact that we are only human and nothing can change that. _______________________________________________________________________ I. rd main point-What prevents us from utilizing common sense? ______________________________________________________________________ A. Support-According to Dr. Jim Taylor, cognitive biases are barriers that prevents us from using common sense and cause to engage in distorted, imprecise, and incomplete way of thinking resulting in ââ¬Å"perceptual distortion, inaccurate judgments, and illogical interpretationsâ⬠, also known as poor and sometimes catastrophic decisions. _______ __________________________________________________________ B. Support-Based on Dr. Jim Taylorââ¬â¢s article, types of cognitive biases are The Bandwagon Effect, The Causation Bias, The Overconfidence Effect, and the granddaddy of all cognitive biases, The Fundamental Attribution Error. _________________________________________________________________ Conclusion Signal of conclusion-To sum upâ⬠¦ ____________________________________________________________________ I. Summary-Common sense is way of thinking critically to make smart decisions, but almost nobody utilizes it. There is a higher form of common sense called reasoned sense that extends our perspectives to a broader view and offers us more accurate sound judgments, but something reserves us from using it called cognitive biases. There are many cognitive biases that makes us perform poor decisions, ill informed, and stupid. __________________________________________________________________ II. Central Idea-To inform about the important of common sense, how little itââ¬â¢s being used, and its barriers that stop us from using it. _____________________________________________________________________ III. Closing Statement-If we all enhance our common sense, we might just get along a little bit better. __________________________________________________________________ References (at least 3) Taylor, J. July 12, 2011. Common Sense Is Neither Common nor Sense. Psycologytoday. com. Retrieved February 15, 2013 http://www. psychologytoday. com/blog/the-power-prime/201107/common-sense-is-ne How to cite Power Point, Essay examples
Friday, December 6, 2019
Corporations and Financial Markets Law
Question: Discuss about the Corporations and Financial Markets Law. Answer: Introduction This case of ASIC vs. Adler is one of the most unique cases and also it is very complicated. The facts of the case are that in the year 2000, a $ 10million loan was given to a company named Pacific Eagle Equity Proprietary Limited. This loan was given by HIH Casualty and General Insurance Limited. This abovementioned payment was neither documented nor was it secured. PEE was headed by a person named Adler. He was also the trustee of Australian Equities Unit Trust. He was a substantial shareholder of the HIH and also he was the non-executive director of the company named as the Adler Corporation Limited. Williams was the director and also the Chief Executive Officer of HIH. In the same company mentioned before, Fodera was the director and finance controller (PWC, 2008). After the receipt of the loan, PEE had become the trustee of the Australian Equities Unit Trust. This loan of $10 million was then applied to the subscription of the HIHC shares. These shares were applied for the $10 million worth of the AEUT units. The shares of HIH were bought by PEE and these were for the worth of around $3.8 million. These shares were brought on the stock market. The shares were then sold at a loss recorded for about $2 million. These were sold by PEE and purchased afterwards by it. The HIH shares were purchased by PEE and this was undertaken to defraud the people in the stock market that the company is holding good terms with the investors of the company HIH. Various shares pertaining to the unlisted index in the companies related to the technology and communication were bought by PEE. These shares were bought from Adler Corporation for $4 million. All of these investments were made at a total loss. Also payment amounting to around $2 million was given to Adler. This payment was made under the trust by the AEUT. These transactions that were being carried without the knowledge of the board as no prior approvals were taken from the board. The shareholders neither had any idea of the ongoing in the company nor were the disclosure made to the committee related to the HIHs investments. No proper documentation of the papers of the loan was undertaken or any security was given. These obligations were not fulfilled with the reason, that if fulfilled the circumstances of the company would catch everybodys attention and that is what they did not hope for (Dunford, 2005). The issue in the court was that whether Adler breached any of his duties being the director of the company and whether the provisions of the Corporations Act, 2001 were breached. The case was brought by ASIC against Adler, Williams and Fodera as they had also contravened various section of the Corporations Act, 2001. Duties/Responsibilities Breached And Why The Duties Were Breached. Under Section 180 of the Act, the duty of a director or an officer, that is associated with the company, to act with care and diligence has been mentioned (Black, 2015). This section states that the duties have to be discharged with a reasonable and standard care. Also the duty needs to be upheld diligently. Executive directors are those employees of the company that work as the full time employees. These people are engaged in the daily work activities of the company and carry various responsibilities that are special in nature. They also are very knowledgeable as they know about the daily operations that take place in a company. On the other side, the non-executive directors involve with the company on a regular basis and they do the part-time job. In the present case, the managing director of the two companies, HIH and HHIC have contravened this section as he did not fulfill his duties. He was supposed to ensure the fact that before giving any loan to PEE, he should have maintained proper safeguards. Another person named Fodera also was the finance director of the firm named HIH. He failed to take up his duties as he did not pay heed to the importance of discussion which was to be had in lieu of the loan that was to be given to PEE. No disclosure of the intention was made by either of them. Under section 180(2) of the Act the business judgment rule has been mentioned. This section states that the director or any officer who makes the rule mentioned above would not be held liable in case he has made that judgment in which all the elements could be easily depicted. He would not be liable for the judgment under any common law or duties under equity, that is, duties pertaining to care and diligence (Hooper, 2011) . There must not be any personal interest of the person making the judgment. Good faith is to be mandatorily established. The directors get a safe protection due to this rule and therefore they can be protected from any personal liability too (Langford, and Ramsay, 2017). However, any of the three directors cannot take the plea of this defense as no proper safeguards were undertaken and Ader had a personal interest in the subject matter of the transaction. Section 181 of the Act states regarding the statutory duty to act in good faith and also regards must be had to the exercise of powers for a purpose that is proper (Redmond, 2013). In the present case, Adler had also contravened the section 181 wherein he had used all the transactions of HHIC, HIH and also PEE for the purpose that was not proper. Section 182 was also violated as there was an improper use of the position in this case (Redmond, 2013). This section mentions that those officers and employees of the company who do not properly use their powers or use them to gain the advantage for their own sake should be restricted. The court held that Adler had also contravened this provision of the Act as the transaction that was undertaken that is the loan of $10 million was given to PEE, however, afterwards this loan was itself used by him for his personal interest. The interest pertained to the fact that this arrangement of loan was undertaken to acquire the shares of HIH on the stock market. This led to increase in the price of the shares and helped his company, Adler Corporation to dispose of the shares before PEE could. PEE had incurred great losses due to this and therefore it had to resell those shares at a low price. Section 183 was also violated under this case. Section 183 stated regarding the duty of the director, to not to use the confidential information which he gets by virtue of his position. This kind of information is known as the insider information and therefore it can be used by a person in order to be benefitted by it (Gibson and Brown, 2012, pp. 254 to 265) Ciritcal Analysis of the Judgment All the three, Adler, Fodera and William were penalized heavily and had to pay compensation. Alder and Williams were disqualified too however Fodera was not (Rogers, 2017). It was upheld in this case that the directors should uphold their duties while dealing during the course of the employment. Firstly, the interest should be fully disclosed by them (Law Handbook, 2017). Also they should abide by the structure of the corporation that is the way mechanism selected has to be reported. They should abide by the arms length principle. Also one more thing has to be ensured that is conflicts should be avoided to the maximum level. According to Section 9 of the corporations Act, 2000, a director of the company is the person who is appointed for that position (Companydirectors, 2016). People who are not appointed in a proper manner can also hold this position. The duties of the director are coherent with their duties towards the shareholders. Therefore, the protection is to be awarded to the shareholders from the risk of the directors. They should not be defrauded or their interests should not be used for directors personal interests. Also officers of a corporation are included under the definition of the directors. These refer to the various executives who hold the positions at a senior level. A director could be the person who makes such decisions that affect the company at a substantial level. In this case, the director of HIH, Adler was an officer of the wholly owned subsidiary and this could be related to the definition of directors given under the section 9 mentioned above. He was not appointed in a proper manner but did play the role of the director. He was the one who, had participated in the decision making which affected the stakeholders of the company. Also he was one of the members of the investment committee of the HIH. The directors had contravened the duties which have been laid down under the Section 180, 180(2), 181, 182 and 183. As mentioned above these duties, were not fulfilled by the directors and therefore they were liable. According to section 180, no due care and diligence was taken by the directors of the company. According to Section 180(2), in the present case, the court had stated that all of the three directors had breached their duty of care under this section (Pearcewebster, 2017). This rule could be of no defense as Adler could not satisfy the fact that they did not have a personal interest in the investment of around $10 million that was made to PEE by HIHC. Williams also could not be protected under this rule as he did not uphold proper safeguards before giving the loan and also he had material interest in the transaction and he did not present any evidence that the judgment taken by him was in good faith. Fodera, cannot hide behind the veil of business judgment rule as the tran saction pertaining to PEE was not mentioned by him to the board of HIH or the investment committee. It was not a business judgment as per this section (Legg and Jordan, 2014, pp. 407). Also, according to Section 182, Adler could be said to have misused his position as the director of the two companies for his own interest. Williams was no less in gaining utmost advantage from his position as a director and he breached his duties. He tried to fetch unjust enrichment from the companies named HIH and HIHC. Also the court found out that Adler as a director of PEE had misused his position. He acquired a number of unlisted capitals and these he had got at the rate of the cost price. He did not have to obtain any of the independent valuations of these and got it at a lesser rate from the Adler Corporation itself. Adler knew at that time that each of the businesses were in losses and would finally collapse. Still he tried to exclude himself and the corporation from these kinds of business operations, that were not commercially viable (Company Directors, 2004). Section 260A of the Corporations Act,2001 states about the financial assistance. This section states that if any of the companies gives any assistance, at a financial level, to a person who would buyback his own shares, then this would be held prejudicial to the interests of all the stakeholders of the company (Plessis, McConvill and Bagaric, 2005, pp..125) Hence this is restricted under this section. Adler, in the present case, had contravened this section. HIHC was prejudiced as financial assistance was provided to PEE and therefore due to this financial assistance, shares were acquired in HIH. The entry into the unit trust arrangement was made subsequently and the trust deed lacked any proper safeguards. Also, the arrangement that was made was contentious. HIHC acquired various rights under the transaction. However, these were deceptive as the rights were materially of a lesser value as against the advance of $10million that was made. This kind of arrangement was made knowingly so as to deceit the stakeholders of the company and therefore the transaction made were wholly one-sided (Cassidy, (eds.) 2006, pp. 133-134). Arms length exception was also used in this case. Section 208 of the Act states that whenever a company seeks to give financial benefit to a party that was related to it then, the approval of the shareholders is needed (Minterellison, 2011). However, the arms length principle is an exception to it. The terms of the $10 million payment were not made according to this principle and this therefore violated Section 208. The terms were not consonant with the principle as these were not at all adequate and therefore did not protect the interests of the company. Also no reports of the independent experts were taken into account. No proper mechanism or method was established by which it could be shown how the money was to be spent by the HIH. References Minterellison, 2011. Why A Policy On Related Party Transactions Makes Good Business Sense, [ONLINE] Available At: Http://Www.Minterellison.Com/Pub/NL/201109_Chqd/ [Accessed On 4 Jan 2017] Redmond, P. 2013. Corporations And Financial Markets Law, (6th Ed), Sydney: Thomson Reuters, P. 432. Black, S., 2015. The Responsibilities of Becoming A Director, [ONLINE] Available At: Http://Www.Codea.Com.Au/Publication/The-Responsibilities-Of-Becoming-A-Director/?Utm_Source=MondaqUtm_Medium=SyndicationUtm_Campaign=View-Original [Accessed On 4 Jan 2017] Company Directors, 2016. What Are The Duties Of Directors? [ONLINE] Available At: Http://Www.Companydirectors.Com.Au/Membership/The-Informed-Director/What-Are-The-General-Duties-Of-Directors [Accessed On 4 Jan 2017] Law Handbook, 2017. General Duties of Directors - Corporations Act 2001 (Ctth), [ONLINE] Available At: Http://Www.Lawhandbook.Sa.Gov.Au/Ch05s01s03s02.Php [Accessed On 4 Jan 2017] PWC, 2008. A Guide To Directors Duties And Responsibilities For Non-Listed Public Companies And Proprietary Companies In Australia, [ONLINE] Available At: Http://Etraining.Communitydoor.Org.Au/Pluginfile.Php/608/Course/Section/95/Guidedirectors_Apr08.Pdf [Accessed On 4 Jan 2017] Gibson, B. And Brown, D., 2012. Asics Expectations Of Directors, UNSW Law Journal, 35(1), Pp. 254 To 265. Legg, M. And Jordan, D.,2014. The Australian Business Judgment Rule After Asic V Rich: Balancing Director Authority and Accountability, Adelaide Law Review, 34, Pp. 407. Langford, R., T. and Ramsay, I., M. 2017. Conflicted directors: What is required to avoid a breach of duty? [ONLINE] Available At: https://law.unimelb.edu.au/__data/assets/pdf_file/0006/1709502/13-Conflicteddirectors-whatisrequiredtoavoidabreachofdutyJnlEquity20142.pdf [Accessed On 4 Jan 2017] Hooper, M., 2011, The Business Judgment Rule: ASIC v Rich and the reasonable-rational divide, [ONLINE] Available At: https://epublications.bond.edu.au/cgi/viewcontent.cgi?article=1021context=cgej [Accessed On 4 Jan 2017] Rogers, P.,2017. Ethical Obligations And The Manager: Case Studies, [ONLINE] Available At:https://legal.thomsonreuters.com.au/product/AU/files/720502412/chapter_13.2_case_studies.pdf [Accessed On 4 Jan 2017] Dunford J., 2005. The Adler judgement, , [ONLINE] Available At: https://www.smh.com.au/news/Business/The-Adler-judgement/2005/04/14/1113251721186.html [Accessed On 4 Jan 2017] Cassidy, J.,(eds.) 2006, Concise Corporations Law, (5th edition) New South Wales: Federation Press, pp. 133- 134. Plessis, J.D., McConvill, and J., Bagaric, M., 2005. Principles of Contemporary Corporate Governance, New York: Cambridge University Press, pp. 125. Pearcewebster, 2017. Directors Duties of Skill, Care and Diligence, [ONLINE] Available At: https://www.pearcewebster.com.au/commercial-law/commerical-law directors-duties/ [Accessed On 4 Jan 2017] Company Directors, 2004. The AdlerWilliams cases on appeal Law Reporter [ONLINE] Available At: https://www.companydirectors.com.au/director-resource-centre/publications/company-director-magazine/2000-to-2009-back-editions/2004/february/the-adlerwilliams-cases-on-appeal-law-reporter [Accessed On 4 Jan 2017]
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