A more customer oriented business :: essays research papers

Silk & Soft Srl is a family-possessed organization whose field of movement is the index retail deals of silk surfaces including a home conveyance administration. Since it was found, in 2002, the organization prevailing to shape a system of dedicated clients by continually sending its item indexes legitimately through mail and furthermore offering profoundly subjective materials imported chiefly from Asian nations (China, India, Malaysia and so forth.). During the primary year, the business has end up being very gainful as a result of the predetermined number of representatives and the low degree of rivalry on the silk surfaces showcase in Romania. Beginning with the year 2003, it was seen that the business started to decrease due fundamentally to the passageway available of amazing retail chains, better stated, hypermarkets that were selling silk surfaces also at a lower cost. In the circumstance of the stores, the client got the opportunity to see the item and get it on the double. Considering the above introduced development of the market, our organization chose to change from its customary advertising procedure to a more client driven procedure. Because of this, the Marketing Coordinator thought at that point a more client arranged movement was required. Such a movement could be accomplished through expanding the quantity of representatives and their inclusion in offering a better support than the clients. Representative information and contribution were viewed as a significant segment of our promoting methodology and incorporated the accompanying moves to be made: †¢     Take more consideration of clients. Sending inventories via mail demonstrated not being sufficient to build up our business. Accordingly, presently the representatives need to continually converse with our clients and visit them. Every salaried representative at our firm, including top administration, are required to take at least 50 telephone arranges every year. They have the obligation to cause clients to feel significant and increased in value by utilizing their name and discovering approaches to praise them, and thinking about that it is essential to be true. All representatives have likewise to consider approaches to produce nice sentiments realizing that the clients are exceptionally delicate and know whether you truly care about them. They additionally need to thank the clients each time they get an opportunity. †¢     Keep the dedicated clients. The representatives need to create "loyalty" programs where clients are remunerated for their constancy. Such a program can incorporate value limits or presents comprising in free silk surfaces on uncommon events, for example, birthday events, season occasions, weddings and so forth.

Air Pollution or Endocrine Disrupters Research Paper

Air Pollution or Endocrine Disrupters - Research Paper Example Such interruptions show among people with most gestures in the male and female generation frameworks. The US EPA has presented the screening of thousand of synthetics so as to screen endocrine disruptors before they are acquainted with the human body. This screening program has demonstrated to be risky as a result of the heft of synthetic substances which must be screened. There are a large number of disruptors which must be tried and testing them can't enough be done without bringing about significant expenses which the administration organizations and research facilities can't bear. By the by, these tests help set up clear rules and norms for government authorities and the overall population in the evaluation of these items and their utilization by the overall population. There are focal points and inconveniences to these tests; for the most part these tests are profitable on the grounds that they help decide the wellbeing effect of synthetic substances to the general strength of t he populace. The approval of synthetic substances and the examination of the disruptor impacts to the endocrine framework can be resolved through in vitro and in vivo measures. In any case, doing these tests can likewise be disadvantageous on account of the reasonable contemplations for testing. Essentially, there is a requirement for the legislature to be progressively reasonable and particular in the projects it would actualize to assess these synthetic substances. Additionally, individuals likewise should be progressively mindful about the synthetic compounds they use since they can impactsly affect the two people and creatures. Presentation We are right now amidst a period where we are confronting different ecological issues. The Global Warming marvel has been clarified and investigated by different specialists and lawmakers as a significant reason for worry to our planet as a result of its developing effect on every single living thing. One of these issues relates to air contam ination and their belongings to our human physiology. Air contamination generally influences our respiratory framework since concoction and air-borne poisons enter our body through inward breath. The respiratory framework at that point assists with preparing the breathed in gases while trading carbon dioxide for oxygen which is pivotal to our endurance. This paper will consider the job of air contamination as far as substance endocrine disruptors which emulate the hormone in our bodies. These synthetic concoctions appear to meddle with the activities of hormones †copying conduct and upsetting typical development, conduct, and multiplication of untamed life. This paper will clarify how endocrine disruptors enter the cells. It will assess if these mixes additionally hurt individuals and how they influence the human body. This paper will likewise examine the advantages and disadvantages of the Environmental Protection Agency (EPA) screening a great many synthetic compounds that ar e utilized as endocrine disruptors before they are acquainted with the human body. It will talk about this student’s supposition on whether EPA is directly in leading the screening. This paper is being completed so as to set up an unmistakable and exhaustive appraisal of these endocrine disruptors and their effect on the human body. Body There are different substance poisons which enter the lungs and the respiratory framework and which influence the endocrine and the ordinary procedures of our body. A portion of these synthetic compounds are known as endocrine disruptors. These synthetic concoctions are regularly found in our every day use items, including â€Å"plastic bottles, metal food jars, cleansers, fire retardants, food, toys, beautifiers, and pesticides†

Democracy Of Goods In Contemporary Consumer Culture Media Essay

Majority rules system Of Goods In Contemporary Consumer Culture Media Essay The term majority rules system was characterized as equivalent access to shopper items and by delineating the ordinary working of that vote based system as to each item in turn, these tableaux offered Americans an enticing vision of their general public as an incontestable equity As indicated by Onufrijchuk in Leiss et al 1997: 50 the course of the twentieth century has seen a sensational and supported ascent in the genuine salary and buying influence of the normal individual in western social orders, where a great many people approach a colossal and continually changing cluster of merchandise this may depend on the reality why Marchand contended the way that the twentieth century took into consideration equivalent access to products since people for instance the regular workers individual in the public arena were persistently gaining more, and what better approach to go through the additional cash they have than to purchase items that the high society would typically utilize, consequently, they would then be able to accept that they are having imparted understanding to the upper classs taste, while the privileged are getting angry in light of the fact that they need to consistently search for routes in other to separate themselves from different classes. Bou rdieu in Gronow (1997: 11) contended that the flavor of the decision class is consistently the authentic taste of a general public, yet as he would like to think, this real taste isn't certified acceptable taste: in actuality there could be no conceivable veritable great taste. He proceeded to contend that authentic taste claims to be the generally substantial and uninvolved great taste, though truly it is just the flavor of one specific class, the decision class. The term Trigg 2001 calls stream down, jump frog and stream down. Taste would be viewed as later on in the exposition comparable to vote based system of merchandise. This could be said with regards to why Marchand proposed that the mid twentieth century promoting offered access to merchandise and a dream of society of incontestable. Schudson 1986: 180-181 delineates better as he contended that there was another feeling of shortage of time, quickened by the inexorably huge exhibit of decisions accessible to individuals. There was increasingly decision, or a feeling of progressively decision, partially in light of the fact that the papers, motion pictures, and radio purchased to individuals a solid feeling of other social universes, and different prospects. The advances in large scale manufacturing techniques made products and extravagances unfathomable an age before possibly accessible to countless individuals. In the market there were more item classifications, and inside these more brands to look over. The various news sources caused individuals think or to feel that they had numerous options and that they could encounter the universe of the hig h society just by purchasing certain items to make them mix in to the horde of the privileged. With the expansion of large scale manufacturing of items, it made it feasible for the regular workers to have the common experience and for the way that there was an expansion in mass item, merchandise were created less expensive. Thus, Marchand 1985: 218 contending that there were no inconsistencies in riches could forestall the humblest resident, if they picked their buys carefully, from resigning to setting in which they could mull over their basic correspondence, through ownership of an indistinguishable productGIVE AN EXAMPLE LATER This can be said to be what's going on in our present contemporary society The promoting illustrations offered agreeable instead of tacky facts. They normally looked to convince more through hint than encounter, and looked for careless consent instead of dynamic idea or new understanding. They urged perusers to absorb the item into their current lives so as to constrain them to a choice to live by an alternate rationale. Marchand 1985: 207. Promoting items causes the crowd to feel like they have to buy certain items and that on the off chance that they don't secure the items, they can't be fulfilled in their lives, Marchand 1985: 207. The stories of promoting guaranteed peruses no unfavorable restrictions and offered a reality effectively inside the span of their souls wants give any one a definitive fulfillment (on the same page: 218) GIVE AN EXAMPLE LATER) As indicated by Marchand 1985: 217-218 Democracy of merchandise is the marvels of present day large scale manufacturing and conveyance empowered each individual to appreciate the societys most noteworthy joy, accommodation, or advantage. The meaning of the specific advantage changed à ¢Ã¢â€š ¬Ã¢ ¦ the total impact of the consistent updates that any lady can and each home can bear the cost of was to plug a picture of American culture where assembled riches at the highest point of a progressive system of social classes limited no familys chance to secure the most huge items. Daniel Boorstin in Schudson 1886: 181 expressed that there was democratization of acceptable. Items that once held a uniqueness to them by being accessible just at specific seasons or just certain pieces of the nation were expanding accessible lasting through the year and all through the nation, because of à ¢Ã¢â€š ¬Ã¢ ¦ other mechanical and other social turns of events. The methods for creation as well as the methods of turned into a ceaseless procedure's Boorstin contended that items became democratized in three different ways. Right off the bat, they turned out to be increasingly remarkably to be created for the mass crowd. They are simpler to deal with, simpler to do it without anyone's help without extraordinary aptitude with respect to the client; both a fair cook and an incredible cook make similarly great cakes from a cake blend à ¢Ã¢â€š ¬Ã¢ ¦ standard items and standard circumstances for shopping make it simpler for the incompetent customer to keep away from humiliation and to get equivalent to the adroit purchaser. Furthermore, items become progressively standard as well as milder and simpler to utilize. They become advantageous à ¢Ã¢â€š ¬Ã¢ ¦ Convenience is an ascribe that has a lot to do the social uses and social significance of an item likewise with its designing. The more advantageous a decent, the more it is similarly accessible for the utilization if people, grown-ups and kids à ¢Ã¢â€š ¬Ã¢ ¦ Thirdly, there is democr atization when merchandise are expended in progressively open manners. To free from society, we should and should was not for Marcuse an issue. What the issue the issue explicit to society which conveys the merchandise was that for freedom there was no mass premise scarcely any individuals wished to be freed, een less were eager to follow up on that desire, and for all intents and purposes nobody was very certain how the freedom from society may contrast from the state they were at that point in Bauman 2000: 16 One such issue was the likelihood that what feels like opportunity isn't in actuality opportunity by any means; that individuals might be happy with their parcel despite the fact that that part were a long way from being dispassionately acceptable; that, living in servitude, they feel free thus experience no desire to free themselves, in this way spurning or relinquishing the opportunity of being truly free Bauman 2000: 17 is freedom a gift, or a revile? A revile masked as gift, a gift dreaded as revile? Bauman 2000: 18. other mainstream addresses for comparative grievances have been the embourgeoisement of the dark horse (the replacement of having for being, and being for acting, as the highest qualities) Bauman 2000: 19. Anyway Gronow 1997: 9 contended that taste was a perfect methods on making social differentiations. Any parvenu who attempted to go about as a respectable man could generally be placed in his legitimate spot by telling him through little signals that despite the fact that he thinks he is familiar with the correct behavior, he despite everything doesn't ace the prerequisites of good taste. This would us be able to be utilized as an analysis according to majority rule government of good as in despite the fact that there was large scale manufacturing of merchandise, the regular workers were not acknowledged despite the fact that they had a go at fitting in, into the high society. Along these lines it very well may be contended that the majority rule government of merchandise made a figment of vote based system, as it made common laborers people Boorstin 1993 and others have recommended that mass utilization made popular government of merchandise. Schudsons account is to some degree extraordinary. Indeed, merchandise turned out to be all the more consistently accessible, increasingly normalized, progressively advantageous, and bound to be devoured in open manners. However, in spite of the fact that the merchandise showed in a retail chain are in principle accessible to everybody, by and by they are accessible just ot those with the assets to make the buy. Schudsons investigation helps us that the showcases to remember mass utilization makes a democratization of want and jealousy (1984 pp 181, 151) Publicizing arrived at its cutting edge structure around 1900 as opposed to just portraying items specialized ideals, advertisements progressively tended to shoppers more profound concerns. Rather than praising the cleaning powder of a specific cleanser, for instance, the new promotions stressed the social humiliation of personal stench or the sex intrigue of the skin (Fischer 2010: 65) The illustration of the majority rules system of products consistently stayed certain in its negative partner. It guaranteed perusers that they could be as solid, as beguiling, as liberated from social offense as the most delightful (most extravagant) individuals, just by utilizing an item that any one could bear (219) The illustration underscored the moderateness of the item to groups of unobtrusive salary while endeavoring to keep up a class picture of the items the favored decision of their social better (221) The most alluring part of the anecdote to promoters was that it lectured the happening to a balancing vote based system without yielding those captivating complexity of social condition that had for quite some time been the touchstone of high dramatization (221) They spruced up Americans well off as astonishing privileged people, and afterward consoled perusers that they could without much of a stretch appreciate a fundamental fairness with such elites in the things that truly made a difference GIVE AN EXAMPLE CHERYL COLE ADVERTISEMENT (she stirred her way up, the general average workers open could relate to her experience and where she has originated from. In this manner proposing that on the off chance that they work truly har

Influence Of Black Lives Matter - Free Essay Example

The hashtag #BlackLivesMatter has been circulating in the media since 2013 when it was created. The Black Lives Matter Movement was created after the murderer of the teenage African American boy, Trayvon Martin was acquitted. He was an unarmed teenager walking home from 7-11 when George Zimmerman, a neighborhood watch volunteer, approached him. There are several witness statements for the altercation, in the end, we have the body of an innocent African American teen and murderer that was not put behind bars. The death of Trayvon Martin wasnt the first hate crime associated with injustice. Unfortunately, we live in a country where racial profiling exists and ends up taking the lives of many innocent people. It was this form of injustice that drew the line and brought together a group of people to protest. The mission statement for the group goes as follows: Black Lives Matter is an ideological and political intervention in a world where Black lives are systematically and intentionally targeted for demise. It is an affirmation of Black folks humanity, our contributions to this society, and our resilience in the face of deadly oppression. ( Garza, 2016). Recently we have seen the hashtag #BlackLivesMatter in the sports media. Professional athletes are using their social platform to support the cause and protest alongside them. This has led to the involvement of other celebrities and even politicians. Take Colin Kaepernick for instance, former quarterback for the San Francisco 49ers. He refused to stand up for the national anthem instead he took a knee. In an interview, Kaepernick says, I am not going to stand up to show pride in a flag for a country that oppresses black people and people of color. There are bodies in the street and people getting paid leave and getting away with murder. This act caused so much controversy in the United States, people started taking sides. Kaepernick was not the first and only athlete to protest a social injustice, however, with his media platform, he was able to bring a lot of attention to this social issue. Another prominent athlete to stand alongside this movement is Serena Williams. Serena Williams, an American tennis player who has revolutionized womens tennis, spoke out on Twitter after the wrongful murder of Philando Castile. Williams tweeted, In London, I have to wake up to this. He was black. Shot 4 times? When will something be done- no REALLY be done?!?!, along with a picture of three paragraphs which summarizes what happened to Philando Castile. After Williams won in Wimbledon she raised her fist. This was an example of appropriation of the ionic 1968 Olympics Black Power salute. In the 1968 Olympic Games in Mexico City, John Carlos and Tommie Smith not only competed in the Olympic but took the gold and bronze medal. They also took this as an opportunity to protest for, all the working-class people- black a nd white (Carlos,1968). They protested by putting their fist in a black glove and putting it in the air, they also wore beads and a scarf to protest lynching. Yet another example of an athlete protesting through sports is Huston Street. Huston, the former professional baseball pitcher, tweeted, Pray for #PhilandoCastile and #AltonSterling families and then demand justice, my nephews are young black men and their future depends on it.(Street, 2016). It is important to note that Street himself is not an African American, he is a white former baseball player. This shows that the Black Lives Matter movement is, in fact, a diverse group and that everyone should stand together because after all, we are all the same. These are just a few of the many examples that show people taking a stand for what they believe in even if it means they could lose it all. As Spider-Man once said, with great power comes great responsibility. Therefore is important for people who have the ability to influence the public to use their social status to inform the public and to take a stand in what they believe in.

American Woman Suffrage Association

Founded: November 1869 Preceded by: American Equal Rights Association (split between American Woman Suffrage Association and National Woman Suffrage Association) Succeeded by: National American Woman Suffrage Association (merger) Key figures: Lucy Stone, Julia Ward Howe, Henry Blackwell, Josephine St. Pierre Ruffin, T. W. Higginson, Wendell Phillips, Caroline Severance, Mary Livermore, Myra Bradwell Key characteristics (especially in contrast to the National Woman Suffrage Association): Supported passing the 15th Amendment (giving the vote to black men) even if women were explicitly excludedFocused on the vote for women and largely ignored other womens rights issuesSupported winning woman suffrage state by state with only occasional pressure for a federal constitutional amendmentSupported the Republican PartyStructure was a delegate systemMen could and did join as full members and serve as officersThe larger of the two organizationsConsidered the more conservative of the two organizationsOpposed more militant or confrontational strategies Publication: The Womans Journal Headquartered in: Boston Also known as: AWSA, the American About the American Woman Suffrage Association The American Woman Suffrage Association was formed in November of 1869, as the American Equal Rights Association fell apart over debate on the passage of the 14th amendment and 15th amendment to the United States constitution at the end of the American Civil War. In 1868, the 14th amendment was ratified, including the word male in the constitution for the first time. Susan B. Anthony and Elizabeth Cady Stanton believed that the Republican Party and abolitionists had betrayed women by excluding them from the 14th and 15th amendments, extending the vote only to black men. Others, including Lucy Stone, Julia Ward Howe, T. W. Higginson, Henry Blackwell and Wendell Phillips, favored supporting the amendments, fearing they would not pass if women were included. Stanton and Anthony began publishing a paper, The Revolution, in January 1868, and often expressed their sense of betrayal at former allies who were willing to set aside womens rights. In November of 1868, the Womens Rights Convention in Boston had led some participants to form the New England Woman Suffrage Association. Lucy Stone, Henry Blackwell, Isabella Beecher Hooker, Julia Ward Howe and T. W. Higginson were the founders of the the NEWSA. The organization tended to support Republicans and the black vote. As Frederick Douglass said in a speech at the first convention of the NEWSA, the cause of the negro was more pressing than that of womans. The following year, Stanton and Anthony and some supporters split from the American Equal Rights Association, forming the National Woman Suffrage Association - two days after the May 1869 convention of the AERA. The American Woman Suffrage Association focused on the issue of woman suffrage, to the exclusion of other issues. The publication The Womans Journal was founded in January, 1870, with editors Lucy Stone and Henry Blackwell, assisted by Mary Livermore in the early years, by Julia Ward Howe in the 1870s, and then by Stone and Blackwells daughter, Alice Stone Blackwell. The 15th amendment became law in 1870, prohibiting the denial of the right to vote based on a citizens race, color, or previous condition of servitude. No state had yet passed any woman suffrage laws. In 1869 both Wyoming Territory and Utah Territory had given women the right to vote, though in Utah, women were not given the right to hold office, and the vote was taken away by a federal law in 1887. The American Woman Suffrage Association worked for suffrage state by state, with occasional support for federal action. In 1878, a woman suffrage amendment was introduced into the United States Constitution, and soundly defeated in Congress. Meanwhile, the NWSA also began to focus more on state by state suffrage referenda. In October, 1887, frustrated by the lack of progress and the weakening of the suffrage movement by its split between two factions, and noting that their strategies had become more similar, Lucy Stone proposed at an AWSA convention that the AWSA approach the NWSA about a merger. Lucy Stone, Susan B. Anthony, Alice Stone Blackwell and Rachel Foster met in December, and soon the two organizations established committees to negotiate a merger. In 1890, the American Woman Suffrage Association merged with the National Woman Suffrage Association, forming the National American Woman Suffrage Association. Elizabeth Cady Stanton became the new organizations president (largely a figurehead position as she then went on a two-year trip to England), Susan B. Anthony became the vice president (and, in Stantons absence, acting president), and Lucy Stone, who was ailing at the time of the merger, became head of the Executive Committee.

Math strategies for special education students Essay example

Special education students often lack the necessary mathematical skills needed to be independently successful in the secondary classroom. These students face challenges in applying the basic math skills needed as well as retaining basic math skills from grade level to grade level. Lack of understanding, in addition to causing classroom difficulties, can cause other personal and social dilemmas for the special education students. Lack of motivation, anger, lack of self value, and other disruptive behaviors may occur as a result of the difficulties the special education students have in the classroom. In order to help these students to overcome poor problem solving skills, effective strategy based instruction is needed. Teachers†¦show more content†¦2007). The NCTM agreed that reform was needed areas such as basic skills instruction and instruction in problem solving (Bottge et al. 2007). Bottge, Kwon, LaRoque, Rueda, Serlin (2007) looked at the use of Enhanced Anchore d Instruction (EAI) to help boost problem solving skills of students with disabilities in the area of math. EAI immerses students directly in problems that are delivered in a combination of multimedia and hands-on contexts (Bottge et al. 2007). EAI contains three main parts, probing questions by the teachers to guide student understanding, students working together in small groups to discuss and find solutions to problems, and explicit instruction on skills and concepts by the teachers as the students need them. During this particular study of EAI on math instruction, 100 students were divided into groups. One group received math instruction using EAI methods while the other group received instruction using the teachers’ typical methods. A pre-test was administered to both groups to gain a baseline of math experience and knowledge. The math instruction using the EAI method used a video anchor to enhance instruction. The use of technology in EAI provides students with l earning disabilities access to a wide range of math tasks that previously were unattainable due to learning deficits (Maccini Strickland, 2010). The video gave students a visual representation of the types of math problems they were workingShow MoreRelatedSpecial Education Students Placement and Performance Outcomes on Math Assessments1508 Words   |  7 PagesThe issue of educational placements for students with disabilities has been an ongoing issue of debate brought to attention in 1975 by the passage of the Education for All Handicapped Children Act, now known as the Individuals with Disabilities Act (IDEA). This act required that procedures be enacted that would protect the rights of disabled children and assure that to the extent appropriate handicapped children are educated with children who are not handicapped and that the removal of handicappedRead MoreThe Importance Of Instruction For Students With Or Without Disabilities1106 Words   |  5 Pagesneeds of students wi th or without disabilities (Friend Bursack, 2015). It forms a bridge from the content to the learner in four dimensions; content, process, product and learning environment (Tomlinson, 2000). Tomlinson (2008) stated that differentiating instruction calls for teachers to have â€Å"clear learning goals†¦ [that are] crafted to ensure students engagement and understanding† (pg. 27). In differentiated instruction, teachers use effective evidence-based instructional strategies (Watts-TaffeRead MoreA Puzzling Paradox1462 Words   |  6 Pageslot about learning disability and special education all throughout this course, during this research, and during observation time in the classroom. Special education, a program developed in order to provide a free, appropriate education to all students, even those with special needs, was developed because of the passage of laws such as the Education for All Handicapped Children Act (EHA, Public Law 94–142), later known as the Indi viduals with Disabilities Education Act (IDEA), and has evolved overRead MoreI Study Math Instruction For A Total Of Five Hours867 Words   |  4 PagesMarch 4th 2016. I observed math instruction for a total of five hours. The 12 students (grades 7-12, ages 13-18) present in the classroom all qualify for special education services. Mr. Dayton teaches math and science to students in a Special Day Class (SDC) setting. Students are in Mr. Dayton’s classroom  ½ of the school day for math and science instruction. Due to privacy concerns, he would not disclose all of the specific disabilities represented by the students in his classroom but he didRead MoreIntroduction. Teaching Math And Science Were Important1358 Words   |  6 PagesIntroduction Teaching math and science were important for students in elementary grades. Learning mathematics and science requires hands-on activities, observation, critical thinking and analysis of the content. Mathematics and science are interrelated (Charlesworth, and Lind, 2010). The processing skills in math are required to problem solve in science (Charlesworth and Lind, 2010). As per the text by Charlesworth and Lind, (2010) the science skills such as creating a hypothesis, observing, recordingRead MoreDescriptive Essay : Walking Down And The New Adventure 946 Words   |  4 Pagesleft. I am buzzed through another set of doors and the new adventure begins. As I enter Miss Stralow’s classroom she is teaching the students in math. Miss Strawlow introduces me to the class, they smile and wave/say â€Å"Hi Mrs. Jasso†. I’m early so I sit in the back of the room observing her teaching and the students interest and participation in the math sheet, it’s about subtraction. Miss Stralow does not have a smart board in her room but she does have a projection machine and a dry eraseRead MoreStudents Receive Special Education Services908 Words   |  4 PagesThe classroom that I observe where students receive Special Education services was Mrs. Robistows classroom. She has ten students in her class and six of those students receive special educations services, and five of the ten students are English Language Learners. These students come to her room for these different services. Since I have already done an interview with Mrs. Robistow, I interviewed the RTI coordinator, Mrs. Chupich. She teaches kindergarten through third grade. Mrs. Chupich has beenRead MoreMichelle Is A Second Grade Student At An Inclusive Classroom878 Words   |  4 PagesThe Student Michelle is a second grade student in an Inclusive classroom. Her twin is also in the classroom and is a special education student as well. Michelle has an IEP and a significant speech and language delay. She is also an ENL student. For math and writing classes, an ENL teacher pushes in. Michelle is pulled out for speech therapy sessions. Michelle was exposed to the following teaching strategies: Teacher-mediated Environmental Arrangements- Most of Michelle’s lessons areRead MoreThe Importance Of Inclusion For Special Education1154 Words   |  5 Pages77), â€Å"inclusion is when a student with special learning and/or behavioral needs is educated full time in the general education program. The student with special education needs is attending the general school program, enrolled in age-appropriate classes 100% of the school day† (Idol, 1997, p.4). By enforcing inclusion, special education students are brought out of isolation and placed back into the general education classroom among their peers. This prepares the students for the real world by teachingRead MoreCurrently I’M Doing Field Work At School A, Observing A1447 Words   |  6 Pagesis the general education teacher and Teacher B is the special education teacher. Teacher A has experience working in an inclusive co-teaching classroom for at least fifteen years. As a reminder, there are thirty-two students in the classroom with twelve students having IEP’s. Students with learning disabilities make up the majority of students while some have a speech and language disability and only two students have health impairment. The only times I’ve seen students leave the classroom

Rapp Is Poetry free essay sample

Over the past several years, hip-hops/music standing has been tumbling. Crestless of the genre often arguably point at the extreme cursing, degradation of women, and adoration of the gangs lifestyle as major flaw in rap songwriting. However, it is important that these characteristics only describe a small section of hip-hop. Most rap songs are actually very poetic, as they feature the rhythms and verses, poetic devices, and themes that are crucial elements of traditional poetry. Many rappers use the rhythms and rhyme schemes that are characteristic of poetry in their songwriting.Todays generation expresses of love, death, self-expression, personal, political, and social Issues, poverty and riches, and life Involvements. They entwine these thoughts artistically and creatively within strong rhythms and captivating tunes that capture the minds of the listener. The mind-set of todays adolescence can be found within the lyrics of the music that they listen to. We will write a custom essay sample on Rapp Is Poetry or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Both rappers and poets write about the same subjects. For example the rap unit NNW, and the poet Alice Walker, both talk about the topic of being from a compression race. Alice Walker writes In one of her poems that there Is no planet trainer than the one Im from. What she is saying is that the world is strange because people judge others by their skin color. The method NNW takes is a more arrogant one, but still expressive. In one of there most notorious the songs Buck That Police, NNW says Young enigma got it bad cue IM brown, And not the other color so police think, they have the authority to kill a minority. Another common subject between poets and rappers Is ghetto life.Allot of African American rapper and poets come from a life of struggle that they channel Into their writing and poetry. When it comes to poets and rappers, the biggest similarities are their appeal to transfer a message. The substance may different, but the need to induce an emotional response is the same. Its naturally focused by their view of the world or society and craving to show their point-of-view. There is repeatedly the use of metaphors In poetry and rap to express their message and some are written that allows readers or listeners to make their own analysis.Song and poetry, They both express emotions or a message In some way, And they both use a very similar method. The difference between rap and poetry is really just the message and the hype off message. You will never here Shakespeare talking about pitches and hoes and you will never hear a song from Outpace about comparing thee to a summers day. So really, there is no difference between the two beside the content. At times music Is viewed adversely because of the strong language and Ideas.Nevertheless, there is a message fixed within that gives voice to the brilliances and troubles of the surrounding society and community in where we live. The musicians of today reproduce and repeat the works of famous legendary poets past and present mentioning on some of the same political and social issues that are still applicable today. Once these poetic pieces are researched and explored, any one can determine whether the message Is relevant and effects change, good or bad, for the poetry that reflects their personal thoughts and thoughts and beliefs of their generation, which is whats being done in todays music.This has been done perfectly by Accomplished Rappers such as Public Enemy, Lauren Hill, Queen Latish and Outpace Shaker. Almost every rapper puts his soul into his work. They rap about their own original verses with their own style and they say it with passion that connects with audience. Most rappers freestyles and songs are unique, but some take lyrics from other artist so not all rap/hip hop is creative. Rap/Hip Hop is a Poetic art form that came up on new York street corners and ghettos, to what it is now.Most old school raps were Just poetry with a beat behind it that gave it a flow. Just people Talking about their lives, properties, loves, hobbies, and of course its evolved into Just raw emotion and whatever was on their minds. Some people use it to write down their genuine secrets or desires, instead of Just keeping them inside, or to let out some form of emotion like eve for one another, love for a woman, anger, heartbreak, this showed who those people really are/ or who they want to be, dreams of being larger than life.To Some people poetry is an expression of a dream that is condensed in a method comprehensible and enjoyable to others and so likely to arouse close emotions. For others its a written expression of emotion or ideas in an arrangement of verses most often rhythmically. How can hip hop not be reflected as poetry? Beat, rhymes, metaphors, similes, economical use of language to get a point across. All poetic devices, all used in hip hop. Some of the famous poet Robert Burns most well loved poems were originally written as songs, but theyre still loved as poems.

Three Rivers Optical Essay Example

Three Rivers Optical Paper Executive Summary Three Rivers Optical is a company located in Pittsburgh which supplies lenses to the ophthalmic community. Steve Siebert, CEO and head of marketing faces different challenges on deciding if he should keep trade shows he has been doing as sales have not been proficient enough, and whether he should invest in new trade show to grow TRO’s market share. Steve’s plan is to invest into different states such as California and Michigan in the next five years. As TRO is moving towards the west, it needs to invest in trade shows International Vision Expo West and Midwest Vision Conference Expo. Trade shows are a very important investment in the eyes of TRO since they generate sales, and more importantly attract new accounts. Trade shows have to be used for brand recognition, and as a channel between the company, and its customers. Marketing trade shows through direct mail, mails, and advertising is very important to reach customers that do not know TRO’s product, and to reach actual customers for new product introductions. To follow up with trade shows, TRO needs to outsource its salespeople, and reduce its budget on SECO, and International Vision Expo east Today, marketing is â€Å"the activity, set of institutions, and processes for creating, communicating, delivering, and exchanging offerings that have value for customers, clients, partners, and society at large† (AMA. ) Three Rivers Optical has been trying to grow its business through trade shows. Three Rivers Optical is a family-owned business located in Pittsburgh and was created in 1969. TRO is a lab supplying lenses for opticians, optometrists, and ophthalmologists and has been ranked among the 25 leading manufacturer of optical laboratories in the country. We will write a custom essay sample on Three Rivers Optical specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Three Rivers Optical specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Three Rivers Optical specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Steve Siebert, CEO and head of marketing, is facing a problem which many companies are facing today which is how to grab more shares in the market a company is in. Based on the geographical distribution of optical good stores, do Steve’s plans for growth make sense? In the next five years, Steve’s plans for growth are to be in western Ohio, Indiana, and south and central Michigan. When TRO has enough accounts to be profitable in those geographical areas, Steve wants to move to Denver, and end in California. Using data from the case, it shows that California, Michigan, and Ohio are ranked top 10 in sales for optical goods stores. The advantage TRO has on his competitors are it is recognized leader in the industry, and has been selected Transition Lab of the Year and honored by the Optical Lab Association as one of the top 25 labs in the country. Based on geographical distribution of optical good stores, Steve’s plans for growth do make sense. He is aiming growth in profitable states. On the other hand, Steve’s plans should include states that are actually closer to him, and that are, as well, ranked in the top 10 in sales such as New-York, and Illinois. Are trade shows a viable option to generate sales, sales leads, and new customer accounts? If so, in which shows should he invest? Trade shows are a viable option to generate sales as it is an excellent way to find new accounts to help TRO grow. According to a study conducted by the Center for Exhibition Industry Research (CEIR), â€Å"86% of show attendees were the decision-maker or influenced buying decisions, and 85% had not been called on by a salesperson before the show† (Entrepreneur. com. ) Dwyer, F. Robert, Tanner, John, F. ,Trade say that â€Å"shows are ranked second to advertising in terms of the marketing communication budget. Also, trade shows are great opportunities for TRO to converse, and create relationship with customers which will lead those to be potential buyers. TRO should invest in International Vision Expo West, and Midwest Vision Conference Expo because both of them are attended by the ophthalmic community, and they are located in the two regions TRO wants to expend its business to. Finally, if TRO wants to grow its business in the Midwes t, and in the west, he has to attend both trade shows to grab potential buyers,, and more importantly to make his brand known, and create relationship with new customers. For the shows TRO already does, what should the strategic plan be? What tactics should be included? TRO has to use different channels to engage current and potential customers. First, TRO has to understand which customer it wants to sell to, define its goals (sales, new accounts, etc.. ), and inform customers months before by the use of phone calls, direct mail, email or written invitations to invite, introduce, and attract current and new customers to come and visit TRO’s booth. Another way to engage new customers is by advertising in trade publication and newspapers about new product introduction, and for brand recognition. Very important strategic plan is to follow-up with the customer after the trade show. TRO might consider an alternative for its salespeople as it seems to be too expensive, and maybe look into outsourcing it. TRO needs more salespeople to follow-up, attract, and look for customers. Another recommendation might be to lower the budget for SECO and International Vision Expo East trade shows as they might have reached their full potential of sales, and keep the trade shows to maintain the brand image, inform and introduce new products, grab potential shares from competitors and keep the relationship with their actual customers. WORK CITED Dwyer, F. Robert, and John F. Tanner. Business marketing: connecting strategy, relationships, and learning. 4th ed. Boston: McGraw-Hill Irwin, 2009. Print. Definition of Marketing American Marketing Association. Marketing Power American Marketing Association. Web. 02 Dec. 2011. http://www. marketingpower. com/AboutAMA/Pages/DefinitionofMarketing. aspx. Trade Shows Definition | Small Business Encyclopedia | Entrepreneur. com. Business Small Business | News, Advice, Strategy | Entrepreneur. com. Web. 02 Dec. 2011. http://www. entrepreneur. com/encyclopedia/term/82542. html.

Corporate Personality Essay Example

Corporate Personality Essay Example Corporate Personality Essay Corporate Personality Essay CHAPTER 3 EXAM RELEVANCE This is a fundamental topic of company law. It is asked on virtually every exam paper in some form. It is most commonly asked as an essay question on either the principle of separate corporate personality or the circumstances in which the veil of incorporation will be lifted. It also forms a significant part of an answer to an essay question on the consequences of incorporation (see chapter 2). As is evident from the exam grid, it has been on every paper since April 2003 with the exception of two. INTRODUCTION [3-1] Upon incorporation, a company becomes a separate legal entity, distinct from its members. Thus it acquires rights, obligations and duties which are different and distinct from those of its members. Assets, debts, and obligations all belong to the company and not the members. This is the corporate personality used by the company to conduct its business. THE SALOMON VEIL [3-2] The seminal case which established the concept of the registered company having a corporate personality is Salomon v Salomon company (1897) 1.Facts [3-3] Mr Salomon ran a successful leather business as a sole trader. He then set up a company with 20,007 shares, of which he held 20,001 shares and his wife and five children one each. He sold the business to the company for ? 38,782. The company was to pay him 20,000 fully paid-up 1 shares and 8,782 in cash. [3-4] The balance ? 10,0000 remained payable to Mr Salomon. He secured the payment of this debt when the company issued 100 debentures (loans) at ? 100. Each loan was secured by the creation of a floating charge in favour of Mr Salomon in the sum of ? 10,000 covering all the assets of the company. [3-5] Company law was at all times observed. There were seven members of the company, but Mr Salomon held all of the shares except six (held by his wife and five children). Thus he was the majority shareholder and the main creditor (owed ? 10,000 under the debentures) when the company was wound up. The Issue [3-6] The question for the court to decide was whether his secured de bt of ? 10,000 should take precedence over unsecured creditors who were owed approx. ?11,000 having regard to the fact that company law gives precedence to the payment of secured debts when a company is wound up. The unsecured creditors would receive nothing if Mr Salomon won. 1 [1897] A. C. 22.  © Griffith College Professional Law School 2011-2012 41 The Argument [3-7] The liquidator argued that the sole purpose of transferring the business to the company was to use it as an agent for himself and accordingly he should, as principle, indemnify the company against the debts of unsecured creditors. Court of First Instance [3-8] At first instance, the liquidator’s view was accepted and it was held that the creditors should be paid by Mr Salomon. The decisions were rooted in notions that the company was his nominee or agent. Court of Appeal [3-9] The Court of Appeal held that the creditors should be paid by Mr Salomon. This was because he had abused the privileges of incorporation and limited liability provided by the Companies Acts. These should only be enjoyed by â€Å"independent bona fide shareholders† who had a mind and will of their own and were not â€Å"mere puppets† of the individual who carried on his business in the same way as before, when he was a sole trader. House of Lords [3-10] In the House of Lords, however, this view was unanimously rejected and the cornerstone of modern company law was put in place. It was held that the company was a separate legal entity and separate from its members. All that company law required was that there be seven subscribers to the memorandum, each holding at least one share and nothing was mentioned about independence. As the company was validly incorporated the debts are debts of the company and not of the members. As Halsbury L. J. tated: â€Å"the business belonged to [the company] and not Mr Salomon. † McNaughten L. J. stated: â€Å"The company is at law a different person altogether from the subscribers to the memorandum and, though it may be that after incorporation the business is precisely the same as it was before, and the same persons are managers, and the same hands receive the profits, the company is not at law the agent of the subscribers or a trustee for them. Nor are the subscribers as members liable, in any shape or form except to the extent and manner provided in the Act. [3-11] As Lindley L. J. had held in Farrar v Farrar’s Limited (1888)2: â€Å"A sale by a person to a corporation of which he is a member is not, either in form or in substance, a sale by a person to himself. † The Result [3-12] A legal person could be created through the observance of the Companies Acts regardless of the fact that there is only one person involved. Priority was therefore g iven to Mr Salomon’s debentures. The Fall-Out [3-13] The Salomon principle is known as the veil of incorporation. The law will not go behind the separate personality of the company to get at members, except in certain exceptional situations which will be dealt with later. 2 (1888) 40 Ch D 395. 42  © Griffith College Professional Law School 2011-2012 ? KEY POINT The principle of separate corporate personality means that a company exists as a separate legal entity. Separate to its members and separate to its directors. THE VEIL AT WORK [3-14] In the Macaura v Northern Assurance Company (1925)3 case, this principle was followed. The plaintiff sold all the timber on his estate to a company in exchange for the whole of the company share capital. The timber was insured in the plaintiff’s own name. It was then destroyed by fire and the insurance company refused to pay on the basis that the plaintiff had no insurable interest in the timber as it was owned entirely by the company. The court applied the Salomon principle and found in favour of the defendant as the timber belonged to the company, and it had failed to insure its (the company’s) interest in the timber. [3-15] This case clarifies that the company owns the property and holds it in its own right. A shareholder does not therefore have any proprietary rights in the company’s assets. Although a shareholder has no insurable interest in the company property, he can cover him/herself against loss by the company by insuring his shares (rather than the company’s assets) against a drop in their value. It is the shares and not the company’s assets in which he has any legal or equitable interest. 3-16] Where compensation is payable in respect of a loss suffered by the company, the shareholders have no right to payment as the loss is the loss of the company. In O’Neill v Ryan (1993),4 the plaintiff alleged that breaches in competition law by the four defendants had caused a diminution in the value of his shares in the second-named defendants, Ryanair Limited. The Supreme Court held that actions by four of the defendant companies did not entitle a shareholder to sue on the basis that the actions of the companies had reduced the value of his shares because this action did not cause personal loss to plaintiff as shareholder. It was held that: ‘such a loss is merely a reflection of the loss suffered by the company. The shareholder does not suffer any personal loss’. [3-17] Blayney J. based his holding on a decision of the English Court of Appeal in Prudential Assurance company Ltd. v Newman Industries Ltd. (No. 2) (1982)5 wherein it was stated that: â€Å"the plaintiff’s shares are merely a right of participation in the company on the terms of the articles of association. The shares themselves, his [P] right of participation, are not directly affected by the wrongdoing. The plaintiff still holds all the shares as his own absolutely unencumbered property. † [3-18] This line of reasoning was recently affirmed in Stein v Blake (1998). 6 Here the plaintiff and defendant were 50/50 shareholders in a group of companies. The plaintiff claimed that the defendant, in breach of his fiduciary duties, had caused assets of the company to be sold at an undervalue. The plaintiff claimed that this action had deprived him of the ability to sell his shares at their fair value and this had caused him personal loss. When faced with the argument that the proper plaintiff was the company itself, the plaintiff sought to rely on the decision of Heron International Ltd v Lord Grade (1983)7 where, as a result of a breach of a fiduciary duty to the shareholders, the directors had induced the shareholders to sell their shares at an undervalue to a prospective takeover bidder, and for which the shareholders could take personal actions. Millet L. J. distinguished the Heron case from the situation before him. He observed that in that case no wrong had been done to the company as the company’s assets were not affected by the fact that the shares were sold at an undervalue. However, the circumstances in this case (1925) A. C 619. (1993) I. L. R. M. 557. 5 (1982) Ch 204. 6 [1998] 1 All E. R. 724. 7 [1983] BCLC 244. 3 4  © Griffith College Professional Law School 2011-2012   43 were entirely different, in that here the plaintiff was claiming that he had suffered a loss by reason of a misappropriation of the company’s assets. The plaintiff’s loss was merely a reflection of the company’s loss and would be fully compensated by restitution to the company of the misappropriated assets. Therefore the proper plaintiff in these proceedings was the company itself. KEY POINT A drop in the value of the shares of a company is a loss suffered by the company. Any consequential loss to any individual shareholder is simply a reflection of the company’s loss. [3-19] The doctrine can also work in favour of the shareholder as in Lee v Lee’s Air Farming Company Ltd (1961)8 the plaintiff owned all but one share in the defendant company. Thus, the defendant was a de facto single-person company as in the Salomon sense. He was also employed by the company and was the â€Å"driving force† of the company. The case related to his widow attempting to receive employee benefits after Mr Lee was killed. It was held that entrepreneurs can participate in employee benefits by incorporating their business and then becoming employees. The Salomon principle was applied and it was held that the company was a separate legal entity and he was an employee of that legal entity. She was entitled to recover. [3-20] The principal has however been used by the company to avoid obligations as in Roundabout Limited v Beirne (1959)9 which concerned a limited company owning and running a pub. All the staff then joined a trade union at the same time. The controllers of the company were unwilling to employ unionised staff, and the company closed the pub and dismissed all of the staff. The union legally picketed the pub. The controllers of t he company then set up another company, being the plaintiff company herein, and leased the public house from the first company to it. Its barmen were non-union and were directors and therefore had no employees. The new company could not be classed as an employer and therefore could not be subject to a trade dispute under the laws of the time. The new company then sought an injunction restraining the strikers. Dixon J. granted the injunction and stated that: â€Å"the new company is in law a distinct entity, as is the old company. Each company is what is known as a legal person. I have to regard the two companies as distinct in the same way as I would regard two distinct individuals. I must, therefore, proceed on the basis that a new and different person is now in occupation of the premises and carrying on business there. [3-21] In Battle v Irish Art Promotions Centre Limited (1968), it was held that the managing director (MD) of a company was separate and distinct from the company itself. The case related to the company being sued, but being unable to afford legal representation. The MD wished to represent the company himself as a judgment against the company would reflect badly on him as MD. The court refused to allow him to represent the company because the judgment would be against the company and not against him, and in law the company and the managing directors are distinct legal entities. The correct procedure would be for the company to employ legal representation. [3-22] In State (McInerney) v Dublin company Co. (1985)11 it was held that a company and its wholly owned subsidiary were separate, and thus there was no locus standi for the parent company to appeal a planning permission decision when the land had been conveyed to the subsidiary. Carroll J. stated that: (1961) A. C. 12. (1959) I. R. 243. 10 [1968] IR 252. 11 (1985) High Court, Carroll J. 8 9 44  © Griffith College Professional Law School 2011-2012 ? the corporate veil is not a device to be raised or lowered at the option of the parent company or group. The arm which lifts the corporate veil must always be that of justice. † [3-22A] In Re Heaphy (2004) the Plaintiff was principal shareholder in Springmound Holdings Ltd which owned two hotels. The Plaintiff went abroad and left his brother in charge of running the hotels. When he returned the hotels had been sold by his brother without his knowledge and consent. He claimed damages personally for fraud. The High Court concluded that the plaintiff could not bring this claim personally as the loss here was the company’s loss. His loss was merely indirect and reflected the company’s loss. The High Court also approved O’Neill v Ryan in this context. LIFTING THE VEIL [3-23] In Salomon, Lord Halsbury stated that the principle was to be applied provided that there was â€Å"no fraud and no agency† and only â€Å"if the company was real one and not a fiction or a myth†. [3-24] In the interests of preventing the abuse of the principle of separate legal entity, certain exceptions have been recognised where the veil will be pierced and the controllers of the company will be made personally responsible for the actions of the company, and the economic realities recognised. [3-25] Gower states: â€Å"the law either goes behind the corporate personality to individual members or ignores the separate personality of each company in favour of the economic entity constituted by a group of concerns†. 12 [3-26] Lifting the veil can be in one of the following contexts: Lifting the veil between the controllers (whether the management or a controlling shareholder) and the company, i. e. responsibility is shared; or Lifting the veil between a group of c ompanies, e. g. etween subsidiaries or between a parent company and its subsidiary, i. e. the identity of one is consumed by the larger entity; or Ignoring the company altogether where the company is a â€Å"sham† or â€Å"device†. There are three categories of law where the corporate veil will be lifted. By Agreement [3-27] Corporate personality will be circumvented by agreement where, for example, an individual agrees to be bound to the company’s obligations. Common forms are personal guarantees, indemnities and certain agency agreements. Equally a company can agree to be liable for the obligations of a member as long as the following formalities are respected: The action is not ultra vires; The action is not beyond the scope of directors authority; The action is not a fraudulent preference; The action is not a breach of s. 31 of the 1990 CA. Case Law [3-28] Concerning case law, the courts can decide to set separate legal personality aside without such an express agreement. The primary criterion for such decisions is control of the company’s day-to-day operations, rather than mere control of its general policies. However, strict principles are difficult to extract, and cases often refer to inchoate concepts such as justice and equity. 12 13 Gower, Principles of Modern Company Law (5th ed. , London, 1992). See Courtney, p. 107  © Griffith College Professional Law School 2011-2012 45 [3-29] The courts will look behind the veil in certain circumstances as discussed below: Human characteristics; Fraud; Avoidance of legal duty; Agency; Single economic entity; Trust companies; Court injunctions and orders. Human Characteristics 3-30] The background of a company will be examined to find out more about the legal personality. Human characteristics required by law such as residence, culpability and mens rea, and character for licensing purposes may be vested in companies for certain purposes. [3-31] The residency of a company for tax purposes will often be called into question where the company is registered in one country but makes profits in another. The actual residence of companies which are inco rporated in Ireland is now irrelevant for the purposes of the Tax Acts and the Capital Gains Tax Acts. This is due to the Finance Act 1999, s. 82(2) which provides that â€Å"subject to certain limited exceptions, †¦a company which is incorporated in the State shall be regarded as resident in the State†. [3-32] However, the actual residence of a company continues to be important for situations where a company is not incorporated in Ireland or for companies which fall under the exceptions of s. 82(2). The test for residency was laid down in De Beers Consolidated Mines v Howe (1906). 14 The case concerned whether a South African company was resident in England for tax purposes. Lord Lorebun looked to where the company â€Å"keeps house and does business and the real business is carried on where the central management and control actually abides†. This is the â€Å"head and brains† test. In this case, the head office was in South Africa, and this is where the general meetings were held. Most of the directors lived in England, however, and most of the board meetings were held in England. It was at these meetings that the important business of the company such as negotiation of contracts, policy decisions, application of profits, etc. as discussed and decided. Thus, as the company was controlled from England, it resided there. [3-33] In the Irish case of John Hood Co. Ltd v Magee (1918),15 a company was held to be controlled by its shareholders in the general meeting, and not by its managing director who resided in another jurisdiction. The shareholders’ power to remove the managing director indicated where the control lay. The factual si tuation is crucial. And in the licensing case The King (Cottingham) v The Justices of Co. Cork (1906)16 the conduct of the authorised agents was found to be that of the company in finding â€Å"good character†. Fraud17 [3-34] Fraud or fraudulent intentions is another situation in which the corporate veil will be lifted by the courts. To do otherwise would result in the use of the corporate personality as a cloak for fraud. Fraud is used in the general sense to connote impropriety or misconduct. In Re Shrinkpak Limited (1909)19 Barron J. found that the company had been found using money fraudulently converted from the use of another company which had gone into voluntary liquidation. Both companies had been under the control of the same person, and Barron J. granted an order, sought by the liquidator of the first company, to wind up Shrinkpak. [1906]A. C. 455. [1918] 2 I. R. 34. 16 [1906] 2 I. R. 415. 17 See Jennifer Payne, â€Å"Lifting the Corporate Veil: A Reassessment of the Fraud Exception†, Cambridge Law Journal 56(2) July 1997, pp. 284–290. 18 High Court, December 20, 1989. 14 15 46  © Griffith College Professional Law School 2011-2012 ? [3-35] In Creasy v Breachwood Motors Limited (1993)20 a general manager was dismissed, and sued for wrongful dismissal. The company ceased trading, paid off all its creditors apart from the general manager, and transferred its assets to a new company, the defendant. It was held that the separate legal personality of the second company could be disregarded and the plaintiff could enforce the judgment for wrongful dismissal that he had against the first company. [3-36] The courts will lift the veil here to im pose personal liability as in Re Bugle Press Ltd. 1961)21 Here the holders of 90 per cent of the shares in a company wished to buy out the holder of the remaining 10 per cent, but the minority shareholder refused to sell. The majority shareholders then set up a company to make a takeover bid for Bugle and under legislation, as this was a takeover bid, the company could then compulsorily acquire the minority shareholding. There had of course been no real takeover of the company and the new company had been formed solely with a view to expropriating the minority. The court held that the new company was a â€Å"sham† and â€Å"bare faced attempt to evade a fundamental rule of company law†. [3-37] The courts do not allow this line of reasoning to extend as far as mismanagement. In Dublin County Council v Elgin Homes Limited (1984)22 a company which had been granted planning permission went into liquidation before it could comply with the terms of that permission. The plaintiff sought to compel the company and its directors to complete the works. Barrington J. efused to lift the veil and compel the directors qua individuals to complete the works, at their own expense, and drew a distinction between fraud and mismanagement. [3-38] In Dublin Co. Co. v O’Riordan (1986),23 Murphy J. refused to extend the fraud rule to the affairs of the company being carried on with â€Å"scant disregard for the requirements of the Companies Acts† because there was no evidence of â€Å"fraud or the misappropriation of monies. † [3- 39] This was relied upon by Hamilton P in Dun Laoghaire Corporation v Park Hill Developments (1989). 4 The company did not have general meetings or formal board meetings, did not pay dividends or directors’ fees to a second director and shareholder. One individual, Mr Parkinson Hill had financial knowledge of the company and managed it with total disregard for the Companies Acts. Hamilton P held that while that was the case: â€Å"I have found no evidence of any fraud or misrepresentation, no siphoning off or misapplication of funds, nor any negligence in the carrying out of the affairs of the company. [3-40] In Re H et al (1996), it was held that where the defendant had used a corporate structure as a device or facade to conceal its criminal activities, the court could lift the corporate veil and treat the company property as â€Å"realisable property† within the meaning of UK criminal law. Section 24 of the Criminal Law Act 1994 provides for similar measures in Irish law. Avoidance of Legal Duty [3-41] The courts will not allow a controller to avoid an existing lega l obligation. In Cummings v Stewart (1911) related to a limited patent licensing agreement. The agreement allowed Stewart to exploit Cummings’s patent for consideration but didn’t allow him to sublet, transfer or assign it without Cummings’s consent. A proviso allowed Stewart to transfer the licence to a limited company he formed for the purpose of a business connected with the licence. Stewart could not make a profit, and in an attempt to evade the royalties payable by him under the contract, he transferred the licence to a company formed by him, but not for the purpose of exploiting the licence. [1993] BCLC 480. (1961) Ch 270. 22 [1984] I. L. R. M. 297. 3 [1986] I. L. R. M. 104. 24 [1989] I. R. 447. 20 21  © Griffith College Professional Law School 2011-2012   47 [3-42] Meredith M. R. stated that â€Å"it would be strange indeed if [the Companies Acts] could be turned into an engine for the destruction of legal obligation and the overthrow of legitimate and enforceable obligations. † [3-43] In Gilford Motor Company v Horne (1933)25 the defe ndant’s contract of employment with the plaintiff provided that he would not compete with the plaintiff should his contract be terminated. Upon termination the defendant set up a company with his son, in direct competition with the plaintiff and although he was neither a director nor shareholder of the new company, everyone referred to him as â€Å"the boss†. The court set aside the separate legal personality of the company. [3-44] In Jones v Lipman (1962)26 the defendant who had contracted to sell his house to the plaintiff tried to avoid a claim for specific performance to sell the house. He conveyed the house to a company which he owned and controlled in an effort to evade the plaintiff’s enforceable contract for sale. Russell J. rejected a defence based on the company being a separate entity, describing the company as: â€Å"the creature of the defendant, a device and a sham, a mask which he holds before his face in attempt to avoid recognition by the eye of equity†. [3-45] However, it is important to remember that the formation of a company which has no genuinely separate existence, which may in truth be no more than a nameplate on an office building, is not in itself unlawful. It is only where the company has been formed for some fraudulent, illegal or improper purpose that the court may do so. For example, in Roundabout Limited v Beirne (1959)27 it was argued that the court should look behind the formal legal structures to the reality, namely, the continuing control of the business and effective ownership by the same people. This request was refused and Dixon J. stated that although the scheme could be described as a subterfuge designed to circumvent the statutory protection of peaceful picketing, it was legally unassailable. [3-46] Furthermore this rule will not extend to the avoidance of prospective or future obligations, as held by the House of Lords in Adams v Cape Industries (1990). 8 Here the defendant UK company presided over a group of companies involved in mining asbestos. They had separate companies set up for the marketing of the asbestos in the US. The US subsidiaries were then subject to lawsuits for damage asbestos factory workers had suffered to their health from working with the defendant’s asbestos product. The plaintiffs then sought to enforce judg ment against the parent UK company, saying that the actions of the US companies should be treated as those of the defendants. The Court of Appeal held that the American Company had been set up so that the appearance of the defendant’s involvement in asbestos in the US would be minimised and also to reduce the possibility of Cape being made liable for US taxes or tort claims. But the court declined to treat this as a sufficient ground for lifting the corporate veil. Slade L. J. said arrangement of the corporate structure so as to ensure that legal liability (if any) in respect of particular future activities of the group will fall on another member of the group rather than the defendant company was a right inherent in our corporate law. The Agency or Alter Ego Principle [3-47] A Company is not per se the agent of its members but such a relationship may be created between the two. This is an area where the courts have been prepared, in apparent conflict with Salomon, to infer the existence of a relationship of agency between companies in the same group. [3-48] Subsidiaries are frequently found to be the agent of the parent company. This is best illustrated by the case of Smith, Stone and Knight v Birmingham Corporation (1939)29 A [1933] Ch. 939. [1962] 1 All E. R. 442. 27 (1959) I. R. 243. 28 [1990] Ch. 443. 9 [1939] 4 All E. R. 116. 25 26 48  © Griffith College Professional Law School 2011-2012   subsidiary of the plaintiff company was treated like a department and the plaintiff was entitled to all of the profits of the subsidiary without the declaration of a dividend. The defendant compulsorily purchased the land on which the subsidiary was based, and plaintiff successfully sought compensation. The defendant attempted to rely on the principle in Salomon and claimed the subsidiary was a distinct legal entity. However Atkinson J. tated that Salomon does not apply to a situation where there is a specific arrangement between the shareholders and the company whereby the company is an agent of its shareholders for the purpose of carrying on the business of the company. This will make the business of the company the business of the shareholders. The judge listed six factors, all based on the control over day-to-day operations, to be taken into account: 1. 2. 3. 4. 5. 6. Are the profits of the subsidiary treated as the profits of the parent? Were the persons conducting the business of the subsidiary appointed by the parent? Was the parent the â€Å"head and brains† of the trading venture? Did the parent govern the adventure? Were the subsidiary company’s profits made by the skill and direction of the parent? Was the parent in effective and constant control of the subsidiary? 30 All six questions must be answered in the affirmative. [3-49] As Keane points out31 these criteria may not be capable of general application and the case should probably be limited to its facts. If an agency were to be inferred in every such case, a significant number of subsidiaries would be treated as the agents of their holding companies. If this were so it would potentially expose those holding companies to direct liability for the debts and liabilities of their subsidiaries which would open a huge breach in the principle of limited liability. [3-50] The courts have also been far more willing to draw the inference of agency where the controlling shareholder is another company, rather than an individual. Some explanation was given for this in the case of Munton Bros Ltd v Secretary of State (1983). 32 Here Gibson J. found in favour of the parent company, holding that the subsidiary was in fact its agent. He observed that while the courts are extremely reluctant to hold that a company is its shareholder’s agent, the same objections do not apply where it is sought to demonstrate that a subsidiary company is in fact the agent of its parent company because the conception of incorporation remains intact. [3-51] There has also been a tendency to draw this inference with greater readiness in cases where there is the possibility of tax evasion. In Firestone Tyre v Llewellin (1957) an American company formed a subsidiary in England for the purpose of manufacturing and supplying tyres. The English company received the payments, deducted the cost of manufacture and a commission of 5 per cent, and then transferred the balance to the American parent company. Although the English company was independent in its day-to-day operations and only one of the directors was also a director of the American parent, it was held to be carrying on the business as the agent of the American company and thus the American parent was liable to pay tax in respect of profits of the English subsidiary. [3-52] In the recent case of Fyffes v DCC (2005)33 the agency principle was discussed. 4 In this case DCC plc was a parent company of Lotus Green. James Flavin was chief executive director of DCC. Lotus Green beneficially owned shares in Fyffes and sold these in February 2000. Lotus Green earned â‚ ¬106m from the sale. It was alleged that when these were sold James Flavin was in possession of insider or price sensitive information. Under the relevant legislation (Part V CA 1990) a company could not sell shares if one of its directors was in possession of price sensitive information in respect of those shares. Here James Flavin was a director of DCC, but not an official director of Lotus Green. One of the issues which arose was 30 31 32 33 This of course returns us to the basic criterion of control of the day-to-day operations. Keane, Company Law, (3rd ed. ), p. 130. [1983] N. I. 369. [2009] 2 IR 417 34 See Fyffes v DCC Analysis Implications, Stephen Dowling 2006 13 (2) CLP 27 for a good summary of the High Court decision.  © Griffith College Professional Law School 2011-2012 49 whether Lotus Green owned and sold the shares as agent of DCC. If it did then in law it would be as if DCC had sold the shares itself. If DCC owned and sold the shares itself it would be liable because Mr Flavin was a director of DCC. Laffoy J reviewed the law whereby a company might be deemed the agent of another and distilled the following principles. [3-53] Firstly, as a matter of law Lotus Green may be regarded as having acted as the agent of DCC in relation to the holding and disposal of the shares in Fyffes, if to do otherwise would lead to an injustice. However she adopted the proviso that a subsidiary would, however, only be deemed an agent of its parent where such an inference was factually justified. She rejected the argument that only evidence of an express agency agreement between the parties will suffice. Rather agency will be determined by reference to all the facts, including the nature of the parent’s interest in the shares of the subsidiary and the relationship between both. She said the views of the human agents in the company was not in any way determinative of the situation. [3-54] On the facts of this case she did not find that Lotus was an agent of DCC as regards the holding and disposal of the shares and in the acquiring of the profit from their sale. Whilst Lotus held the shares it held them independently from DCC. It did not hold them as agent for DCC. Summary of Fyffes v DCC Fyffes Plc Jim Flavin CEO of DCC Group Director of Fyffes DCC Lotus Green A company within DCC Group Incorporated in Holland DCC transferred shares in Fyffes to Lotus Green for the purposes of benefiting from the lower rate of Capital Gains Tax in Holland. Key Facts: Jim Flavin attends a meeting of the board of Directors in Fyffes at which certain confidential information is given to the board of Fyffes regarding the financial forecasts for the company in the next few months. Shortly after this meeting takes place Lotus Green sell the shares in Fyffes at a profit of ? 82 million. Fyffes bring an action against DCC on the basis of the insider dealing provisions of the 1990 Companies Act seeking to have them account for the profit. There are two limbs to the case: (1) Fyffes had to establish a connection between Jim Flavin and Lotus Green, and/or between DCC and Lotus Green. (2) Fyffes had to establish that the information given at the meeting consisted of price sensitive information within the meaning of the Act. A Single Economic Entity [3-55] In recent times the courts have put forward a further justification for disregarding the separate legal personality of related companies. Where the â€Å"justice of the case requires† the court will regard the entity as a mere constituent of a larger legal entity or a â€Å"single economic entity†. This kind of disregard may be distinguished from the implied agency cases, for where  © Griffith College Professional Law School 2011-2012 50   number of companies are regarded as a single legal entity only one legal person is recognised, whereas agency recognises the existence of two persons. This is the final circumstance where the corporate veil may be lifted. [3-56] In DHN Food Distributors Limited v Tower Hamlet LBC (1976)35 DHN had two wholly owned subsidiaries, one which owned the property of the group and one which ran the business of the group, occupying the property as a licensee. Here the defendant local authority made a compulso ry acquisition of property of the land-owning subsidiary. The parent company then sought compensation for disturbance. However, the land tribunal only offered negligible compensation, since DHN had been deprived merely of a revocable licence and the subsidiary had no business to lose. Denning L. J. endorsed Gower’s contention that courts had a general tendency to ignore the separate legal entities within a group and instead look at the economic identity of the whole group. Denning stated that this particularly applied when the holding company held all the shares in the subsidiary (a wholly-owned subsidiary), and can control it. He went on to hold that the parent should not be deprived of compensation due to a technical point when it was justly payable and so the companies in question would be treated as one company. [3-57] This rationale was adopted by Costello J. in Power Supermarkets Limited v Crumlin Investments Limited et al (1981). 36 The defendant was the landlord of a large shopping centre, and the plaintiff leased a unit for a supermarket chain within the centre. The plaintiff’s leasing contract included a clause disallowing the defendant from leasing or selling any other unit over 3,000ft2 for the sale of food or groceries. The centre was a financial failure and the defendant sold all of its shares to another company, Cornelscourt Shopping Centre Limited, which was one of the Dunnes Stores group. Many of the Dunnes Stores group companies were separate in name only, all being managed by the same group of people. It was vital from the Dunne family’s point of view that a Dunnes Stores retail outlet be established in the centre. It was the family policy that a new company should operate each separate retail unit and so a new company, Dunnes Stores (Crumlin) Limited, was incorporated for the purpose of establishing a retail outlet there. Upon incorporation of this new company, Cornelscourt Shopping Centre Limited caused Crumlin Investments limited to convey the freehold of a large unit in the shopping centre to Dunnes Stores (Crumlin) Limited for a nominal consideration and without any of the usual covenants. When Dunnes began to trade in the shopping centre the plaintiff succeeded in getting an injunction preventing them from trading. [3-58] Costello J. held that Dunnes Stores (Crumlin) Limited were bound by the restrictive covenants in the original contract even though they were not party to it. The company was described as a â€Å"mere technical device and a company with a ? issued capital which had no real independent life of its own†. 37 Having looked at the authorities he said that a court may, if the justice of the case so requires, treat two or more related companies as a single entity so that the business notionally carried on by one will be treated as the business of the group. He said that to treat Crumlin Investments and Dunnes Stores (Crumlin) limited as a single economic entity accorded fully with the commercial realities of the situation and avoided â€Å"considerable injustice†. [3-59] This was subsequently approved by the Supreme Court. But the disregarding of separate legal personality on the basis of the â€Å"justice of the situation† is a somewhat elusive concept. There may be many cases where it may be more desirable that the corporate veil be lifted in order to protect the rights of certain parties, but our system directly allows for the principle of incorporation and separate legal personality so that unless one can show a fraudulent or improper purpose behind the incorporation of the company there is no reason 35 [1976] 3 All E. R. 462. The High Court decision in Fyffes is relevant to several areas on the course. Students should note that Fyffes successfully appealed the High Court decision to the Supreme Court. However, the appeal was on one discreet issue: whether James Flavin (DCC’s Chief Executive) was in possession of price sensitive information. Therefore, the remarks made by the High Court (Laffoy J) in the other areas were not considered on appeal and are still valid. 36 High Court, June 22, 1981. 37 This was approved by the Supreme Court in Re Bray Travel and Bray Travel (Holdings) Limited, Supreme Court, July 13, 1981.  © Griffith College Professional Law School 2011-2012

Organisational culture, management and control Essay

Organisational culture, management and control - Essay Example utine. To illustrate the different shades of culture, a sociologist uses the parameter of international viewpoints (Fineman p.18); in a survey conducted on car mechanics from different countries, the responses generated reflect peculiar cultural attributes. To the resp- ondent from the UK, when asked to define his job, he simply puts it as "fitting the hub caps". The respondent from the US had a broader picture in mind, although his opinion may be said to stem from a stereotypical cynicism that characterises material-conscious Americans, "I make profits for Henry Ford." Finally, when the question was asked to a Japanese, his response smacked of intense loyalty and devotion people in Japan have towards their organisation, "I am member of a team that makes the best cars in the world." Is there any doubt why Japanese car companies continue to dominate the world market Indeed, as Alvesson points out (p.2), an organisation's culture is principal means to achieve effectiveness, growth and success in business. If culture plays such a major initiative in defining success or failure, the stakes only get higher when an organisation has to manage transformations and great upheavals, that when come with mergers and acquisitions, employee induction or retrenchment, dive- rsification or consolidation. It is on occasions like these that the true mettle of a mana- ger is tested. Rather than sitting on the fence and lamenting that "cultures can't be cha- nged", an intelligent manager looks for solutions, ways and methods to help the organis- ation tide over circumstances, and retain its control. Harrison (p.2) unfailingly mentions that transformations are both "desirable and feasible, but accomplishing it would be risky and difficult." It is an inevitable challenge that competent managers have to always brace themselves for. And, there are established tools and strategies that apply to change mana- gement. To corroborate the diagnostic methodology he presented in his book, Harrison offers a simplistic assessment on going about cultural transformations (p.1). His three cri- tical facets of diagnosis start with a detailed process to prepare a diagnostic study follo- wed by usage of suitable methods to frame issues, and closing in by devising innovative methods for collecting, analysing and summarising of relevant data. In the case study mentioned therein, we witness a real-life example of the problem faced by the Head of training in a national health maintenance organisation (HMO). An ambitious programme was envisaged to undertake a major organisational transform for overall benefits. Now, this

Critical thinking in management Essay Example | Topics and Well Written Essays - 1500 words

Critical thinking in management - Essay Example Moreover, it is significant to understand that employees because play a great role among other defining factors. The question will be answered by including all the main arguments, the theories, authors who have contributed in their knowledge and understanding and case examples to illustrate the above arguments. Further, the question requires annotated bibliography and it will be provided at the end of the essay. Essay body Organisational behavior is a field which studies how people think, act and feel within a setting of an organisation (Sapru 2008). Outstanding managers have been identified and they possess four types of skills, which allow them to handle the process of behavior management effectively (Sapru 2008: 276). These steps include; being familiar with behavioral challenge, the ability to pick out the causes of current behavior, identifying a strategy for attaining behavioral goals, and the ability to implement and adjust the chosen strategy as required (Parler & Ritson 2005 : 1276). These are the pillars of management theory as discussed by Hartley (2006), Tsukamoto-Wagner (2008), and Brownlie et al (2008). On the other hand, guru theory is based on the assumption that the gurus promote maxims, which specify the behavior rules, but they never increase the managers’ competence as in the works of Bos & Heusinkveld (2007), Collins (2001), Parler and Ritson (2005), and Barabba et al (2002). However, the theory is significant when applied from the manager’s side. Organizational behavior in management is best handled using behavioral theories that are well discussed by Bucklin et al (2000) and Baron and Greenberg (2008). This field of study was created around 1900 and its major perspectives have included scientific management (Tsukamoto-Wagner 2008: 361), human relations approach (Van de Ven 2003), and contingency approach as the latest (MANAGE 2012: 1). According to the analyses of Wallach (1983: 32), Alvero et al. (2000: 43), and Tompkins (20 05: 398), the contingency approach recognises organisational behavior as a complex field of study, driven by different characters. Managers in organisations need to understand this and develop their personal answers to some extent. Fayol’s theory of competitive strategy is said to be advocated by foyol for management education, both as a profession and a discipline. In this case, Yoo et al (2006: 360), Wright (2006) Williams (2003), The Wisest (2011), Collins (2003), and Black et al. (1992) approached the competative strategy theory from different perspectives. The diversity of this theory makes it compartible with many other approaches and when blended, any organisation will be able to achieve a working successful behavior. Findings A combination of Organisational behavior management with the other theories is the best aspect of managing organisations (Wallach 1983: 32). This is significant because there is no signle theory that can be said to solve all managerial challenges or to be applied successfully in managerial behavior. Therefore, the approach requires application of psychological principles of organisational be

The Violence Runner Essay Example for Free

The Violence Runner Essay Throughout the history, there have been leaders of good and evil, moral and immoral, peaceful and violent alike. Sometimes, when the evil takes power and misuses it, the staggering impact they entail in the society can be appalling and outrageous. In Khaled Hosseini’s The Kite Runner, Assef is exemplary of an evil leader who misuses his power and stands in the frontlines of crippling Afghanistan and its people into a pitch-black mist of chaos. First of all, Hosseini places Assef under the perfect setting in which the author bestows Assef the opportunity to develop his power as an antagonist in the novel. Throughout the history, there have been leaders of good and evil, moral and immoral, peaceful and violent alike. Sometimes, when the evil takes power and misuses it, the staggering impact they entail in the society can be appalling and outrageous. In Khaled Hosseini’s The Kite Runner, Assef is exemplary of an evil leader who misuses his power and stands in the frontlines of crippling Afghanistan and its people into a pitch-black mist of chaos. First of all, Hosseini places Assef under the perfect setting in which the author bestows Assef the opportunity to develop his power as an antagonist in the novel. In the nineteenth century, Hazaras fails to rise against the Pashtuns in Afghanistan, and subsequently, discrimination against the Hazaras becomes prevalent in the society. In this type of environment, Assef naturally gains superiority over the Hazaras as a Pashtun and forms discriminative views and ethnic hatred towards them. It is even understandable for Assef to claim Adolf Hitler, the infamous dictator who relentlessly exterminated millions of Jews and other ethnic groups, to be a great leader, â€Å"a man with vision. † (Hosseini, page 40) This is because to Assef, Hitler is his role model; Assef believes that Hazaras should be exterminated from the face of the earth, as he is determined to ask Daoud Khan, the newly president, â€Å"to rid Afghanistan of all the dirty, Kaseef Hazaras. † (Hosseini, page 40) This way, Assef naturally develops his relentlessness and sadism that he fully makes usage out of. His violent mindset against the Hazaras leads him to later join the Taliban, in which he gains the position to freely kill Hazaras without punishment, and relentlessly ties up Afghanistan in a bundle of Taliban laws. As we can see, Assef uses his superiority over the Hazaras that he gains from the society that he lives in, and manipulates it fully to dominate over the ethnic group. To control and frighten them he would often times use violence as his tool. Assef rules the streets of Wazir Akbar Khan section of Kabul with his notorious savagery and relentless violence. In the streets of the Wazir Akbar Khan, Assef’s â€Å"word is law†, and if the law is broken, then his stainless-steel brass knuckles are used accordingly as a punishment. (Hosseini, pag3 38) Here, Hosseini uses stainless-steel brass knuckles as a significant motif throughout the novel, and also a symbol of violence and dominating power. Whenever we see Assef performing violence on somebody, we can observe emergence of his brass knuckles. When Hassan defends Amir against Assef with his slingshot, Assef tells Hassan and Amir, â€Å"this doesn’t end today, believe me. † (Hosseini, page 42) This suggests that Assef is a relentless, merciless and vengeful figure, foreshadowing his later revenge against Hassan and Amir. The brass knuckles appear again towards the end of the novel, when Assef beats Amir miserably with his brass knuckles â€Å"flashing in the afternoon light,† and thus fulfilling his warning and revenge that he had in his childhood. (Hosseini, page 288) These brass knuckles clearly represent physical domination on those who do not have such power; these multiple scenes of the recurring emergence of the brass knuckles suggest that violence is his power, his way to rule. Despite Assef’s unbearable deeds of violence, he holds one power that not everyone has: the power to change one’s life completely. Rape is a significant motif that is used throughout the novel by Assef. The reason why this motif is so crucial is that through rape, Assef destroys one’s integrity, emotional stability and dignity, and fully dominates them both physically and emotionally. Two significant cases would be Hassan’s rape and the other, Sohrab’s rape. By raping Hassan, Assef destroys two individuals: Hassan, who faces emotional trauma and breakdown afterwards, and Amir. Assef raping Hassan is the source of Amir feeling guilty and in remorse of not standing up for Hassan, and eventually leads him to make Hassan leave his family and ends up feeling guilty in his entire life, until he finds Sohrab alive and to redeem himself, plunges himself in the Taliban world to save Sohrab. Clearly, Assef held the key to change both lives. On the other hand, Sohrab’s life is changed dramatically through rape. As a result, Sohrab loses speech ability and feels extremely guilty, as he claims himself to be â€Å"so dirty and full of sin. † (Hosseini, page 319). These two â€Å"lambs†, Hassan and Sohrab, are sacrificed as a result of Assef’s misuse of power. Assef is clearly a violent man who holds the power in The Kite Runner. Assef makes full use of the power that he naturally gains in the society that he lives in, fully develops it and holds the key to change the society dramatically. He is the violence runner, to whom violence is always the solution to problems. Bibliography: Hosseini, Khaled. The Kite Runner. New York: Riverhead, 2003. Print.

Comparison Of Love Poetry: Essay -- English Literature

Comparison Of Love Poetry: Rememberby Christina Rossetti, How Do I Love Thee? by Elizabeth Barrett Browning and When We Two Parted by Lord Byron The three poems, Remember by Christina Rossetti; How Do I love Thee? by Elizabeth Barrett Browning and When We Two Parted by Lord Byron, each explore love and loss in their own unique ways. Remember is, as expected from the title, a solemn lament which is a farewell sonnet to her treasured one. How Do I Love Thee? is again a sonnet of love but is of a love that is present and hopefully will remain forever. The third poem that will be examined is When We Two Parted which tells of a lost secret love that has left a scar on Lord Byron's life. Elizabeth Barrett Browning's impressive How Do I Love Thee? is, as you might suppose, a poem describing the extent of the author's love of her partner. It is one of her "Sonnets from the Portuguese" which were written in her Italian days at the Casa Guidi. Like many of them How Do I Love Thee? takes the form of a patriarchal sonnet which is the most common sonnet form and is for the most part the more appropriate form for love poetry over the English or Shakespearian sonnet or the Spenserian sonnet. Using sonnet form, you would expect the change in tone after the first octet but in this the change is less pronounced with a subtle change to a graver side of love. Though it is so understated it could be debated that it isn't there at all. The second poem to be analysed is Lord Byron's When We Two Parted. This is written from a different perspective to How Do I Love Thee? where the relationship has ended and his feelings can be simply shown in language. The overriding tone is one of hostility and bitterness towards his pas... ... love in a different way, Remember shows it as a platonic love between friends where it is going away. When We Two Parted tells the story of a lost love edged with the feelings of bitterness that come with an ended relationship and How Do I Love Thee? recounts an absolute love that is flawless and perfect in every way. The presentation of loss in How Do I Love Thee? is virtually non-existent with only one mention where the love will grow stronger after death. In When We Two Parted loss is the main theme of the poem and is shown as a very grave matter that is not good for any person. Remember shows loss differently as though it isn't necessarily an awful thing. It isn't good but you cannot dwell on it, you must move on and live your life. Ultimately, love and loss can be presented in many different ways and these poems show us some of these ways very well.