Wednesday, September 2, 2020

Reflection Paper Essay Example | Topics and Well Written Essays - 1500 words

Reflection Paper - Essay Example The longing of kids is to have guardians that who take a solid individual enthusiasm for helping them build up their abilities and have discover their way throughout everyday life (Treybig, 2007). Higher parent contribution in a kid’s life expands the impact these force figures have in their youngsters. The moral qualities and good advancement of young people are thusly molded towards the worth arrangement of the specific family. Another source that affected my moral qualities was the training I got during my young person years and at an opportune time in school. I generally admired my educators and school teachers. They showed me the significance of trustworthiness, polished methodology and high moral gauges throughout everyday life and in the working environment. I’ve taken some school seminars on the issue and they have been useful at giving me the hypothetical ideas and pragmatic models on moral issues. 2. How do your own persuasions and your Defining Moments sway your dynamic in the work environment? Recollect Badarraco (1997) states that vital turning points have three components: uncovering, testing, and molding (57). One pivotal occasion I had in an expert setting was the point at which I function as a specialist for a relative throughout a late spring in a beginning up venture. My uncle needed exhortation on the most proficient method to raise capital for his business. He had an extraordinary item, yet required cash to carry it to the market. He knew about a counseling firm that had political impacts and could assist him with handling some seed cash from some administrative projects for independent companies. I advised him to oblige the thought and suggested a gathering with the people. During the main gathering I got a genuine look at what defilement is about. I initially thought these people were genuine specialists whose associations depended on long stretches of experience systems administration and managing the basic issues of little organizations. The primary things they approached was for a couple thousands dollars to get

Saturday, August 22, 2020

Maus vs. Art essays

Maus versus Craftsmanship expositions How Maus Compares to Contemporary Art Maus is a book that is a lot of dissimilar to some other story. Maus is a holding story of the holocaust and a man that recounts to a tale about what he experienced at Auschwitz, the celebrated concentration camp. The story is introduced in comic book structure rather as a novel, and the characters, rather than being people are drawn as creatures. This is an exceptionally astute thought on the grounds that each gathering of characters is an alternate creature gathering. For instance, the jews are portrayed as mice, the Germans as felines, the French as frogs and the clean as pigs. This causes the peruser to see better what is happening. This book can be contrasted with two contemporary specialists that we concentrated in class. The main craftsman that utilizes a style like the one in Maus is Roy Lichtenstein. Lichtensteins vocation was primarily founded on his strategy of removing explicit areas from funnies and growing them to depict a specific subject. In the event that Roy Lichtenstein had gotten this book he could have had a field day with it, on the grounds that there are such huge numbers of questionable pieces of the story. There are numerous horrifying scenes in this book in the event that they were singled out and exploded, they would be extremely dubious just without anyone else. I experienced difficulty attempting to discover another craftsman that we discussed in class that had pieces that could be effortlessly contrasted with those of Maus. Cindy Sherman, eventhough she didnt do anything with funnies, I feel that she shared something for all intents and purpose with the book. Cindy Sherman was well known for her photography, and made numerous forward leaps in contemporary photography during the 1970s. The explanation I believe that her work is comparable in light of the fact that in her photos she would utilize props and ensembles to make disputable pictures. This helped me to remember the writer in Maus and how he was wearing a mouse cover so he could see things like the mice did and show signs of improvement thought of what he was expounding on. I imagine that this book ... <!

Friday, August 21, 2020

Corporate Elite Essay Example For Students

Corporate Elite Essay Elitist hypothesis holds that most of political influence is held by arelatively little and well off gathering of individuals, which share comparable standards andinterests. Most individuals from this gathering are naturally introduced to rich families. Themajority of top pioneers in the United States originate from this special gathering. The force tip top uses an assortment of assets to direct open arrangement. Theseindividuals will in general hold top administration positions inside large enterprises. Thesecorporations are utilized as an integral asset to command the political field. Enterprises are allowed monstrous force, which they use, to secure their owninterests, just as, shape the interests of normal residents. Theleadership job that business has in the economy gives administrators of largecorporations a surprising kind and level of impact over legislative policymaking. (Lindblom 1993:p91) The monetary control of enterprises assumes anessential job in open strategy. Contingent upon how they decide to play the game,large enterprises direct to monetary conditions. Legislators must accommodatecorporate interests to secure our delicate economy. These facilities canbe called corporatism. Large organizations get a special position bydonating immense measures of cash and backing to government officials and their politicalparties. This fiscal help purchases access into the framework. This entrance, knownas corporate government assistance, can be accomplished in the types of supported rates on products andcommodities, higher premium security issues, tax insurances, crisis funding,tax breaks and motivating forces, ensured ventures, and powerless wellbeing measures. The prizes are unending, and they should merit something in light of the fact that corporationsspend an enormous measure of cash to get them. Companies have existed asearly as the eighteenth century. The structure of the constitution protectscorporations through its translation of property rights. Our constitutionwas established on a rule that the privileges of individuals with property need to beprivileged. The facts confirm that the structure safeguarded the privileges of individuals, butrights were conveyed, significantly more along these lines, to individuals who claimed property. The framersof the constitution were not really fair. They spoke to their own,personal, special, financial interests. Our establishing fathers had a directinterest to build up a legislature that would ensure their possessions andinvestments. The directing light of the constitution, that despite everything exists today, isclass intrigue. Favored forces are ensured by, and set a side for, thepower first cl ass. In the United States, riches and influence is achieved by riches andsocial status. Unavoidably, this force is passed onto the regular resident. Thepower world class is made out of men whose positions empower them to rise above theordinary conditions of standard people; they are in positions to makedecisions having significant outcomes. Regardless of whether they do or don't make suchdecisions is less significant than the way that they do possess such pivotalpositions; their inability to act, their inability to decide, is itself anact that is regularly of more noteworthy outcome than the choices they do make. (Plants, 1956: p.73) Corporations practice their capacity to ensure their owninterests. In doing as such, they impact the efficient, social, and politicalmake-up of society. This force is extraordinary, and is held for just a couple. TheUnited States is respected for its beliefs of correspondence and opportunity. One canview our framework as a large number of gatherings and affiliations that organizeopenly and unreservedly, to contend with one another for the progression of suchpurposes as their individuals may wish.(Miliband, 1969:p58) Yet, in actuality, theUnited States is a long ways from being just. The issue is that bunches donot contend on a level playing field. Huge companies appreciate a massivesuperiority contrasted with littler organizations, little intrigue gatherings, grassrootsorganizations, and individual voters. It is the firmly woven relationshipbetween large business and government that forestalls genuine majority rules system. Economicinfluence is an enchantment wan d utilized by huge enterprises to get their wishesgranted. As indicated by Ralph Miliband, organizations control the key regions ofeconomic life which makes it incredibly hard for governments to force uponit arrangements to which it is immovably restricted. (1969:p59) In different words,corporations direct strategy in any case. Businessdecisions yieldingly affect the condition of the economy. Picking todisinvest, scale back, move, or, abatement creation, frequently has a negativeimpact on the economy. As per Lindblom, a poor economy will negativelyaffect voters more than all else, and in this way, government officials must be quickto react to it. Government officials must give unique consideration to the businesscommunity. (p.91) For, on the off chance that business is governments client, at that point is businessalways right? Miliband recommends, that in dynamic, the variety of forces andinfluences used by business are fought by the likened powers andinfluences acquired by governme nt. (p.61) truly, government has minimalresources for self-security. Huge partnerships are the foundation of government. .ua9360e0e499eec89f6151dd4856a7ec5 , .ua9360e0e499eec89f6151dd4856a7ec5 .postImageUrl , .ua9360e0e499eec89f6151dd4856a7ec5 .focused content region { min-stature: 80px; position: relative; } .ua9360e0e499eec89f6151dd4856a7ec5 , .ua9360e0e499eec89f6151dd4856a7ec5:hover , .ua9360e0e499eec89f6151dd4856a7ec5:visited , .ua9360e0e499eec89f6151dd4856a7ec5:active { border:0!important; } .ua9360e0e499eec89f6151dd4856a7ec5 .clearfix:after { content: ; show: table; clear: both; } .ua9360e0e499eec89f6151dd4856a7ec5 { show: square; change: foundation shading 250ms; webkit-progress: foundation shading 250ms; width: 100%; mistiness: 1; change: darkness 250ms; webkit-progress: obscurity 250ms; foundation shading: #95A5A6; } .ua9360e0e499eec89f6151dd4856a7ec5:active , .ua9360e0e499eec89f6151dd4856a7ec5:hover { murkiness: 1; progress: haziness 250ms; webkit-change: obscurity 250ms; foundation shading: #2C3E50; } .ua9360e0e499eec89f6151dd4856a7ec5 .focused content zone { width: 100%; position: relative; } .ua9360e0e499eec89f6151dd4856a7ec5 .ctaText { fringe base: 0 strong #fff; shading: #2980B9; text dimension: 16px; textual style weight: intense; edge: 0; cushioning: 0; content adornment: underline; } .ua9360e0e499eec89f6151dd4856a7ec5 .postTitle { shading: #FFFFFF; text dimension: 16px; text style weight: 600; edge: 0; cushioning: 0; width: 100%; } .ua9360e0e499eec89f6151dd4856a7ec5 .ctaButton { foundation shading: #7F8C8D!important; shading: #2980B9; outskirt: none; outskirt range: 3px; box-shadow: none; text dimension: 14px; textual style weight: striking; line-tallness: 26px; moz-fringe sweep: 3px; content adjust: focus; content improvement: none; content shadow: none; width: 80px; min-stature: 80px; foundation: url(https://artscolumbia.org/wp-content/modules/intelly-related-posts/resources/pictures/straightforward arrow.png)no-rehash; position: outright; right: 0; top: 0; } .ua9360e0e499eec89f6151dd4856a7ec5:hover .ctaButton { foundation shading: #34495E!important; } .ua9360 e0e499eec89f6151dd4856a7ec5 .focused content { show: table; stature: 80px; cushioning left: 18px; top: 0; } .ua9360e0e499eec89f6151dd4856a7ec5-content { show: table-cell; edge: 0; cushioning: 0; cushioning right: 108px; position: relative; vertical-adjust: center; width: 100%; } .ua9360e0e499eec89f6151dd4856a7ec5:after { content: ; show: square; clear: both; } READ: Windshield Survey EssayWithout corporate gifts, lawmakers would not have the option to viably securepositions in government. The achievement of a political crusade exceptionally depends uponefficient subsidizing. As legislators with the exception of enormous commitments to improve theirchances of winning, organizations contribute cash to upgrade their personalinterests. Maybe organizations ought not be respected with a negativeconnotation. Or maybe, the framework itself ought to be accused for empowering thesecorrupted connections. Lindblom recommends that the connections betweenbusinesses and government are correspondin g. These connections loan to the ideathat government settles on specific decisions that advantage partnerships, with trusts toassist the economy. Numerous decisions made by government are supported towards thelarge partnerships. Nonetheless, these very choices convince partnerships toreciprocate choices that advantage the economy. For, it is the point at which the economy ison difficult occasions, that residents examine their agents. As alreadystated, companies can decide to adversely affect the economy by decreasingproductivity, preparing outside of the nation, cutting back, and, thusly, leadthe United States into a downturn. To monitor their noticeable positions,politicians are compelled to speak to the interests of organizations. Corporationswill keep on assuming a basic job in our political framework in light of the fact that so muchemphasis is put on the economy. Free venture and open approach areindivisible. One can't be isolated from the other. Rather, society must cometo ter ms with the possibility that governmental issues is business, business is filthy, andtherefore legislative issues is a grimy business. It is not necessarily the case that the ordinarycitizen consistently loses. Certain approaches that manage issues, for example, wellbeing andthe condition, figure out how to overcome huge business. One model, utilized by Lindblom,is the National Clean Air Act of 1990. In spite of the significant endeavors ofcorporations, strategy changes were started that ruined huge organizations, tobenefit the earth. The special position that organizations get makessense. These gatherings take an interest more. They are more effectively associated with theprocess than some other gathering. Huge partnerships use their assets to fundinterest gatherings, structure uncommon associations with government officials, and are moreinformed than the normal resident. Their entrance places them into a uniqueposition, though, huge enterprises can frighten government. Out offear, government is compelled to share dynamic with corpo

Wednesday, May 27, 2020

Meet Josh, 2nd-Year Student at Tepper Heading to Verizon

Tepper feels like a family This interview is the latest in an Accepted.com blog series featuring  interviews with current MBA students, offering readers a behind-the-scenes look at  top MBA programs. And now for a follow up interview with Josh Howatt, a second-year student from CMU Tepper. (We first met Josh last year – you can read our first interview with him here.) Accepted: Last we spoke you had just been accepted to Tepper. Can you please bring us up to date? How have you been the last year and a half? Josh: My time at Tepper has been absolutely fantastic! Currently, Im pursuing the Management of Innovation and Product Development track, and working with other CMU schools in Engineering, Public Policy, and Design Schools for my Capstone. Were collaborating on real-life problems with F500 companies and start-ups. Its great to be putting the tools weve learned into practice. Also, Im concentrating in Marketing, Strategy, and Information Systems – a far cry from where I originally intended in CPG. The curriculum is rigorous and highly quantitative, but also provides its fair share of soft-skill classes, e.g. Managerial Communications, Negotiations. So far, its been an amazing (see: challenging) experience. Accepted: What is your favorite thing about Tepper? Josh: My favorite thing about Tepper is that its a small program, so the feeling is collegial. Its absolutely true that if you work at it, you can get to know every single person in your class. This also makes for a great teacher to student ratio. Meaning, there is plenty of opportunity to engage in discussion with your professors outside of the classroom. With regard to the student body, everyone has certain expertise and is more than willing to lend a hand or teach what they know. Tepper feels like a family, and I dont think you fully realize how true that is until you visit and see it firsthand. Accepted: Where did you intern this past summer? Can you talk about the process by which you secured the position and how Tepper helped along during the process? Josh: This summer I interned at Autodesk as a Thought Leadership, Content Marketing Intern. Tepper was instrumental to me landing this position. We have a fantastic COC that allows you to meet with as many counselors as often as you like. Fortunately, I loved my originally assigned counselor from the start. She was fantastic at connecting me with alumni in companies I was interested in, and often times would shoot off an email right then and there during our meetings. The COC is also great in preparing students for the recruiting process; everything from developing your STAR stories, to getting your resumes and cover letters into pristine condition. One of the most helpful parts of the process is the month-long BaseCamp before Mini 1. Not only do you get an opportunity to engage with your future classmates, but you get a jumpstart on the recruitment process, because it starts SO EARLY. Accepted: Do you have a job lined up yet for next year?   Josh: I do! I will be starting as a Sr. Consultant for Verizon in their Marketing Leadership Development Program. I cant even tell you how excited I am! Accepted: Congratulations on your job with Verizon! Can you tell us about the difference between concentrations and tracks at Tepper? How early in your studies do you need to declare these specifications?   Josh: I would equate concentrations and tracks to undergrad minors and majors. Concentrations are specializations that require completion of 3 elective classes within a certain field (so you could essentially have up to 3 or 4 concentrations). Tracks go much deeper in that they involve completing core specialization classes, and then choosing from specified electives. You typically apply to be part of a track, and choose only one. Accepted: Are you involved in any clubs on campus? How central to student life is club involvement? Josh: Im VP of Technology for our Marketing Club and VP of Marketing for OutAllied (Teppers LGBT club). Im also a member of our BusinessTechnology Club and the Public Speaking Club. Club involvement in very central to student life at Tepper. Outside of board duties, at least twice a week Im participating in a club sponsored event, which is great! Theres always something interesting going on, whether its a social event, educational series, or recruiting prep. Accepted: Do you have any tips to incoming Tepper students? What do you wish you would have known when you were starting out? Josh: My best advice for incoming Tepper students is: realize you are only human and dont be so hard on yourself! Theres going to be so much interesting stuff to do, and youll want to do it all, but thats just not possible. I was a huge stress case my first two Minis (my friends will attest to this, and is sort of a running joke now). Get used to saying no and learn to prioritize whats most important to you and your Tepper experience. Between classes, recruiting, social events, club events, corporate presentations, career fairs, and everything else in your life, your head is going to spin. Just know that ahead of time. Find a way to balance school and life. Take time for you. And if you find yourself starting to lose it, just know that there is a Tepper family there to help hold you together. For one-on-one guidance on your b-school applications, please see our MBA Application Packages. For specific advice on how to create the best application for Tepper, check out our  CMU Tepper 2015 MBA Questions, Deadlines, Tips. Thank you Josh for continuing to share your story with us! Related Resources: †¢ Best MBA Programs: A Guide to Selecting the Right One †¢ MBA Project Search: Matchmaking for MBAs and Businesses †¢ CMU Tepper B-School Zone

Saturday, May 16, 2020

Marijuana And Other Narcotic Drugs - 1235 Words

Marijuana and other narcotic drugs have been a controversial topic on a national and global scale throughout the century. Marijuana especially is considered a drug that’s harmful and helpful at the same time. People have formed opinions about different drugs based upon their observations and the scientific research that has been shared with the public from different experimental organizations. We have had picketers demonstrate their support by protesting for the marijuana movement, which can be seen in today’s news by photos taken of their picketing. And we have seen an increase in our law enforcement, who has tried to enforce laws imposed against all drugs as being illegal. Whether you are for the right to smoke or consume drugs, or†¦show more content†¦Marijuana can be widely found and be easily grown in the United States. The easy accessibility of drugs poses a serious threat to law enforcement around the country that have and has tried to enforce the law to eradicate the use of drugs according to laws put into place by the legislature and supposedly most of the people in that state. Marijuana is still illegal in some states and as time progresses the number of states which can still uphold that marijuana is illegal has changed. Today, Twenty-three states and the District of Columbia currently have laws legalizing marijuana in some form or way out of the fifty two states of the Union. The increase in marijuana and other drugs being used in that state has its ties to narcotic crime which could be linked to the cartel for other drugs that are out there. Thus, it increases narcotic crime in those states that choose to legalize it. Another con of marijuana and of other dangerous drug use is the most obvious. It’s the health of the individual who consumes it by smoking it. Your lungs are inhaling substances such as tar and it is among other things that can affect your breathing. According to the American Lung Associat ion, â€Å"Smoking marijuana clearly damages the human lung, and regular use leads to chronic bronchitis and can cause an immune-compromised person to be more susceptible to lung infections. No one should be exposed to secondhand marijuana smoke.† It can affect not only the

Wednesday, May 6, 2020

The Self Portrait Art Essay - 1654 Words

SELF-PORTRAIT ART ESSAY Self-portraits have been used by artists for centuries to explore aspects of the self. They are the subjects they know best and artists have reflected this through their treatment of media, subject matter and techniques. Two artists who explore aspects of their personality and life experiences in their self-portraits are Frida Kahlo and Ben Quilty. Many of their artistic techniques can be derived from the same origins. Whilst there are similarities in self-portraits by any artist usually, you will find differences the norm. After all, this is what makes art and art form. Frida Kahlo, one of many world renowned artists from the 1930s, was a revolutionary. Alongside Pablo Picasso, Francis Bacon and Wassily†¦show more content†¦Although the Hummingbird is seen as a charm it seems to mirror her infamously shaped eyebrows. Her mother was a devout Catholic and passed these strong values down to her daughter, Frida. This can be seen through the crown of thorns around her neck rather than her head, showing herself as a Christian Martyr. The subtle blood that is trickling down her neck may represent that of her ongoing pain through her divorce. The contrasting butterflies on her headdress and bright background of leaves are suggestive of resurrection. Over the left-hand side, a monkey can be seen distracted playing with its hands. It was also a gift from Diego and a symbol of the devil she feels he is. As seen on her left-hand side a Black Cat can be noticed staring down the Hummingbird. Perhaps it is ready to feast on the good as it is a symbol of bad luck. She had experienced great trauma and pain in her life and this could be seen as the bad luck symbolised through the cat. To leave a blank background would be unlike Kahlo; the bright and varied shades of greens and yellows seem to show a wall of uncont rolled nature, possibly expressing her feelings at the time. Looking to the upper half of the painting Dragonflies and Butterflies fly around her hair that is intertwined with cloth, delineating a figure eight like crown filled with purples and maroon. We see the life filled Dragonflies and ButterfliesShow MoreRelatedCompare and Contrast of the Paintings: Man in a Red Turban and Louis XIV by Van Eyck and Rigaud886 Words   |  4 Pagesthe history of art, there has always been a plethora of portraiture, no matter the time period or the medium whether is be sculptures, paintings or even carvings. Humans have always been fascinated with themselves and the way others look. But it’s not always about vanity, it means so much more and can be conveyed in many different ways. In some cases, the artists moved beyond that of a simple likeness and can instill different emotions in the viewer. That being said, in this essay I will compareRead MoreSybil Vanes Symbolic Role in The Portrait of Dorian Gray by Oscar Wilde981 Words   |  4 Pagesshe plays a symbolic role in Dorian Gray’s life. This essay will explore how Sybil’s character initially influences Dorian in a positive way, giving him the motive to turn away from decadence but subsequently brings about his downfall. Recurring themes will be discussed such as the aesthetic and references will be given to show examples of Sybil’s symbolic role in his life. A summary will follow, giving a brief synopsis concluding the essays arguments. Wilde describes the younger Dorian Gray asRead MoreThe Work Of Egon Schiele1448 Words   |  6 PagesIntroduction The work of Egon Schiele is very important to me personally. In this Extended Essay I focus on Egon Schiele because his artworks influence me. He likes to show his hands in his painting and photos. In his self-painting, I can always find out that the hands always attract my eyes. His hands really impress me and I really like his hands. This gives me an idea that to put my own hands on the social software and see that will people love my hands in this era. Now, I think the answer isRead MoreWhat Makes Art Art Essay596 Words   |  3 Pages  Ã‚  Art 1030: Art Appreciation Instructor: Steve Bishop Essay One Josalyn Cook 1/26/2011 What Makes Art Art? Art is an object or piece of work that brings one pleasure. Art is also something you see or feel and you cannot even begin to describe the ways you like it or how it makes you feel. Art is something that portrays beauty and happiness. Art lets you see the world through another person’s perspective. Most art seems to tell a story about where a person has been and theRead MoreSigns and Symbols Art Essay1427 Words   |  6 PagesThis essay will consider two artists that work are defined as being characterised by signs and symbols and use art as means of communicating with the world they live in; Dutch painter Vincent Van Gogh (1853-1890) and Australian artist Brett Whiteley (1939-1992). Signs and symbols form the basis of how art is observed and interpreted. They represent an idea that an artist is trying to convey to their audience. Signs and symbols can be in the colour scheme, the depiction of subjects and the art elementsRead MoreThe Photographic Portrait Of Art1335 Words   |  6 PagesA portrait in art as we know is an artist’s representation of another person or one’s self, in which the face is the main subject matter. As one of the most widely used forms of art adopted by painters, sculptures and photographers, at some point in our lives we have all had our portrait taken either it being in a photographic studio, sat for a fine artist or in your local post office in the passport photo booth. The photographic portrait is a paradox of everlasting contradictions and whether identityRead MoreAnalysis Of Jacque Lacan s The Mirror Stage1644 Words   |  7 PagesMirror Stage for the second time this semester I started thinking about my own younger b rother’s introduction to the mirror a few years ago. As I was trying to remember this interaction, I came to the realization that his first interaction with his â€Å"self† wasn’t with a mirror at all- it was actually with an iPhone’s front facing camera- used as a form of distraction while he sat in his highchair. This made start thinking about the fact that the recent generations are the first who do not need a mirrorRead MoreGender Roles : Women, Gender, Sexuality And Other Facets Of Identity1623 Words   |  7 Pagessexuality and other facets of identity†. (Judith Butler, 1990) This essay will consider three distinctive examples of how artists have questioned gendered stereotypes over time. The essay will also explore examples of female being represented as male and male being represented as female in different time period, ethnicity and class. First, I will consider the classical art from Ancient Egypt of the 18th dynasty with hard evidence of portrait sculptures of Queen Hatshesut, the 18th dynasty pharaoh (1508-1458Read MoreA Portrait Of The Artist As A Young Man1594 Words   |  7 Pages EL111 The purpose of this essay is to discuss how James Joyce’s seminal novel A Portrait of the Artist as a young man, is experimental with regards to plot, point of view, language, symbolism, style and character development, and will begin with a brief introduction. Many artists, be they of the pen, brush or instrument, seek through innovation an artistic immortality that has the potential to act as a blueprint from which imitation is spawned. Joyce’s Portrait is at its core innovative pioneeringRead MoreRevolutionary Ideas Can Be Proposed Through Art And Design1706 Words   |  7 Pagesz5093534 Deep Dutta Revolutionary ideas can be proposed through art and design. Compare and contrast two revolutionary creative works, one from the 20th century and one from the 21st century. How has the context contributed to the approach, medium and presentation of the works? Leo Tolstoy described art as â€Å"one of the means of intercourse between man and man† in his book, ‘What is Art?’(1897).This is true when we stand beside strangers in an art gallery, and gaze at an artist’s work. One might praise the

Tuesday, May 5, 2020

How to Study Business Law

Questions: 1. Richard has an extensive olive grove in the Hunter Valley region of NSW. He has around 12,000 trees established and has recently purchased his neighbours adjoining property with a view to expansion? 2. Terry was an employee of Cosmo Mining Services Pty Ltd CMS. CMS is a subsidiary of Cosmo Mine Ltd CM as CM owns 120 of the 200 issued shares in CMS. CMS owns and operates a lead, zinc and copper mine at Gunbarrel, Western Queensland? Answers: 1. Answer: On the basis of the facts that have been provided for this case, in the present case, a number of benefits can be achieved by Richard and his sons if they incorporated company for the purpose of expanding their business. These benefits will be available as compared to the situation where the business will be run as a sole trader or as a partnership. If they incorporated company, it will become easier for them to expand their business. The reason is that it is easier for a company to raise funds. Similarly even if the cost related with the registration of company can be higher as compared to the establishment of a sole trader business are partnership but this cost can be considered as a part of business expenditure. Similarly, if they decide to merely register the business name, it will be cheaper as compared with the registration of a corporation but in this case also, the benefits will not be available. On the other hand, if they incorporated a company for running their b usiness, they are not required to register their business name. This is due to the fact that when a company has been registered, companys full name, ending with "Pty Ltd" can be used. So far as the ongoing costs of the business are concerned, the law provides that the registration of the business name needs to be renewed and for this purpose, the government charges a fee. A corporation on the other hand is required to pay annual review fee and this fee has to be paid to the Australian Securities and Investments Commission (ASIC). A noteworthy advantage that can be achieved by the owners of the business in they decide to incorporate a company is limited liability of the owners of the business. The law provides that in case of a company, the directors and shareholders of the company will be liable only to the extent of the shares that are owned by them in the company (Harris, Hargovan, Adams, 2015). As compared to the situation, the sole traders and partners are considered by the law to be fully liable. Another major advantage that can be achieved by the owners of the business by incorporating the company is related with tax. The persons who have decided to run their business only under a registered business name are required to pay tax at the normal marginal rate while the companies have to pay the tax at a flat rate. This rate of tax is less as compared to the rate that is charged from the individuals. A company is allowed by the law to own property and it can also form contracts using its own name. In this w ay, the law considers that after registration, a company enjoys distinct legal identity. Due to this reason, the law treats a company as a distinct entity that is completely separate from the owners and directors of the business (Vermeesch and Lindgren, 2005). In view of the significance that is associated with selecting the appropriate business structure for business, it is very important that the owners of the business select the most suitable business structure for running their business (Pentony et al., 2009). For instance, it has been decided in the present case by Richard and his sons that they should reduce recovery for the expansion of their business. For making this decision, the overall circumstances of the parties need to be considered. In this case, Richard had purchased the adjoining property of his neighbor for the expansion of his business. In the same way, David and Liam, the sons of Richard are also going to join him and help in the expansion of the business. Consequently, it appears that in the present case, the most appropriate business structure will be that of a company because it will help the parties in raising the funds required for expanding the business. Richard wants that the business should be named as Ridali whereas David and Liam want that in honor of their father, the business should be named as Rich's Guaranteed Olives. It needs to be mentioned in this context that the registration of a company is not the same as the registration of a business name. When the owners of the business are going to select the name for the company, they have to consider certain issues. For instance, the name selected by them cannot be identical with an existing name. Only the name that is not identical with the name of a present company or a business name can be used by the parties. Hence, it is advisable that a name availability search should be made by the owners of the business in order to see if the name that they're going to use for their business is available to them or not. On the other hand, under the corporations law, if the parties are going to use an identical name, the law allows them to register the name of the company in some cases. Sim ilarly, there are certain words that cannot be used as they may mislead the general public and hence these words cannot be used. For instance, if the words indicate an association with the government, the royal family or an organization of ex-servicemen, the words cannot be used. The law requires that the name of the company should also show the liability of the members and their status. For example if the members of the company have limited liability towards any unpaid amount regarding the shares held by them, it is required that the name of the company should end with the words "Proprietary Limited"or "Pty Ltd". But if the members of the corporations have unlimited liability regarding its obligations, the name should end with the word Proprietary. In case the owner of the business was to display a different name, and option is available to the owners to register the name as a business name. In view of this provision, while the company incorporated by Richard and his sons can be named as Rich's Guaranteed Olives the name Ridali can also be registered by them as the business name. As a result, in such a case, the business will be able to trade under the name Ridali and the name can be used on all the signage of the company. 2. On the basis of the facts that have been given in this question, the issue that needs to be decided is if Terry and other employees can sue Cosmo Mine Ltd (CM). These employees have been working for Cosmo Mining Services Pty Ltd (CMS) and CM was a subsidiary of this company. It was unanimously decided by the shareholders of CMS that they will create a new company and sell the business of CMS to this company and CMS will be wound up. Consequently, the question arises if Terry and other employees can take any action against the newly formed company or they can take action against the parent company CM or their employer, CMS. The general rule of the corporations law that is applicable in such cases is called the notion of separate legal identity. This rule was provided by the court the decision given in Salomon v Salomon (1896). In this case, it was the decision of the court that a corporation has distinct legal personality. In this way, this doctrine provides that under the corporations law, a corporation has a separate identity. Thus a registered company has a separate identity that is different from the owners of the business. In view of this doctrine, the law allows a company to own property using its own name. Similarly the liabilities of the company can also be enforced against the company itself. This doctrine also allowed a company to be sued in its own name. As a result of the doctrine of separate identity, another doctrine that was used by the courts was that of limited liability. In view of this doctrine, the law provides that the liabilities of a particular corporation can only be enforced aga inst such corporation only. The result is that the debts and obligations are considered as being in foreseeable only against the company and these obligations cannot be enforced against the directors and the shareholders of the company. The above-mentioned rule is the general rule and there is an exception present to this general rule. This exception is piercing the corporate veil. Under the corporations law, sometimes the law allows the courts to ignore the principle of separate identity and in such cases, the decision to pierce the corporate veil may be made by the courts. Such a decision can be made by the courts in cases where the court wants to impose any liability on the persons having control over the company. This requirement has also been mentioned in the tort law which provides that in cases related with negligence, a relationship of proximity should exist between the concerned parties (Crosling, 2009). A same case is present regarding the pacing of corporate veil. For instance in Barrow v CSR Ltd (1988), it was felt that the parent company should be held liable for the tort that has been done by the employees belonging to the subsidiary company. As a result of this negligence, an employee of the subsidiar y company suffered from asbestosis. In its decision, the court stated that it did not matter if agency law has been used to describe the case or if the proximity between the employees of paving company and the subsidy company has been used or if piercing the corporate veil has been used or the issue has been described in terms of control. The ultimate result in all such cases will be the same. Another relevant case in this context is Briggs v James Hardie Co Pty Ltd (1989). In this case also, the issue was concerned with negligence. The court had to deal with the problem of joining the pacing of corporate veil with the notion of foresee ability. As a result of the cases that have been decided by the courts regarding this issue, the legal position is that if the subsidiary company does not have the resources for compensating the party under the law of tort, it is available to such a party that it may claim compensation from the parties who have ultimate control over the subsidiary company. As a result of the legal position stated above, in this case also, it is available to Terry and other employees to claim compensation from the parent company CM. The shareholders of CMS have unanimously arrived at the decision that they should wind up the company and the business of CMS should be sold to the new company, Lazarus Pty Ltd. In this case it is evident that the new company Lazarus has been formed only with a view to evade the liability of CMS towards the former employees and other residents of Gunbarrel. These persons have contracted cancer because they have been drinking water that was contaminated as a result of the activities of CMS. The situation is that the subsidiary company, CMS does not own the resources to pay this compensation. On the other hand, the parent company, CM has the ownership of 120/200 shares of CMS. it is also worth noting that CS has complete control on the activities of CMS. Even the mining equipment was leased by the patent company, CM and this equipment was subleased to its subsidiary. On these grounds, it can be said that in this case, Terry may be allowed by the court to take action against the patent company, CS or the new company, Lazarus for claiming the compensation. In such a case, the court will be ready to pierce the corporate veil and impose liability on the persons who have ultimate control over CMS. References Crosling G M, (2009) Murphy H M, How to Study Business Law 4th Edition, Butterworths, Harris, J. Hargovan, A. Adams, M. (2015) Australian Corporate Law LexisNexis 5th edition Butterworths Pentony, Graw, Lennard Parker, (2009) Understanding Business Law 3rd ed Butterworths Vermeesch, R B, Lindgren, K E, (2005) Business Law of Australia, 11th Edition, Butterworths Case Law Barrow v CSR Ltd (1988) Unreported Briggs v James Hardie Co Pty Ltd (1989) 16 NSWLR 549 Salomon v A Salomon Co Ltd [1896] UKHL 1