Friday, September 6, 2019
Gay marriage in America Essay Example for Free
Gay marriage in America Essay America was built on the foundation of equality for all men; however, not until recently have gay and lesbian individuals inherited such civil rights. One of the largest and most pressing issues effecting the gay population is the issue of gay marriage. Marriage is defined as ââ¬Å"the relationship that exists between a husband and wife or a similar relationship between people of the same sexâ⬠(Websters). Within the past ten years fifteen states have legalized gay marriage. ââ¬Å"As of Nov. 13, 2013, gay marriage has been legalized in 15 US states (CA, CT, DE, HI, IA, MA, MD, ME, MN, NH, NJ, NY, RI, VT, and WA) and the District of Columbia. 34 states have gay marriage bans through either laws or constitutional amendments or both.â⬠(Procon) Fifteen states legalizing gay marriage in ten years is a strong the accomplishment however, it is still, and continues to be, a very polarizing issue within the country. The passage and acceptance of gay marriage effects many different diversity categories including but not limited to age, religion, and ethnicity and race, and economic status. Age There is a direct correlation between age and the opinion of same sex marriage in America. According to The Pew Research Center, younger Americans are much more accepting and favor same sex unions over older Americans (PewResearchgroup). ââ¬Å"Individuals, born after 1980, favor allowing gays and lesbians to marry legally by a 53%-to-39% margin, while there is less support for same-sex marriage among Baby Boomers those born 1946 to 1964 than among younger age groups. Currently, 38% favor allowing gays and lesbians to marry legally while 52% are opposedâ⬠(Pew Research) These recent poling numbers would suggest a continuing trend from generation to generation; each new generation is more in favor of same sex marriage than the previous. With more Americans favoring same sex marriage than ever before, one would believe this trend of acceptance of gay marriage will continue over the next generations to come. Religion There is a strong relationship between how religious you see yourself and your views and attitudes toward gay marriage. This idea is not very surprising although very important as it contributes to an understanding of the religious factors that influence opinions about issues directly impacting the gay population. ââ¬Å"Religious attendance is associated with negative attitudes towards gay and lesbians and less support to gay and lesbian civil rights.â⬠(Todd and Ong, 1) There is a positive link between high religious attendance and negative attitudes towards gay marriage; religious attendance is a constant predictor of attitudes towards gay marriage. Within subgroups of religion such as Christian Orthodoxy and conservative Protestant, ââ¬Å"with such an identification, therefore reducing the odds of supporting gay marriage.â⬠(Todd and Ong, 1) Findings suggest the more one identifies and strictly follows their religious views has a direct link to their views on gay marri age. Ethnicity and Race Views and opinions, whether they be negative or positive regarding gay marriage changes and varies within ethnicities and race. African-Americans are generally more opposed to gay marriage versus their white counterparts. ââ¬Å"African-American religiosity is primarily responsible for their conservative views about homosexuality and same-sex marriage.â⬠(Sherkat, Mattias de Vries, and Creek, 81) The factors of race and religion closely relate to each other in this aspect and help to influence each other. As stated above religion has great influence on ones views of same-sex marriage and ââ¬Å"African-Americans have the highest rates of religious participation of any subgroup of the U.S. populationâ⬠(Sherkat, Mattias de Vries, and Creek 81) ââ¬Å"Between 1998 and 2004, white opposition to same-sex marriage declined to under 54 percent, and it dipped to under 46 percent by 2008. Opposition to same-sex marriage also declined substantially for those of ââ¬Å"otherâ⬠races, decreasing to under 40 percent in the 2004 survey, and fluctuating between 45percent in 2006 and 43 percent in 2008. Yet, African-American opposition did not decline substantially between 1988 and 2006.â⬠(Sherkat, Mattias de Vries, and Creek 81) Within different races the opinions of gay marriage seem to be changing with the times except for the African-American race. Again, whether it is due to outside factors of religion, culture, or tradition, the African-American race seems to be lagging in the forward movement of gay marriage. Summary As Americans we are guaranteed certain inalienable civil rights and liberties, however as we have seen and know that is not always true. Based on an individualââ¬â¢s sexual preference the ability to marry is not always assured. Factors such as age, religion, ethnicity and race, and economic status greatly influence ones opinion on same sex marriage. Those who are older and more religious oppose gay marriage more than their counterparts who are younger and less religious. Is this to say every older religious individual does not believe in same sex marriage? The answer is no; however, these factors such as age and religiousness tend to follow these trends. There is also variation in opinions within races and ethnicities. White Americans seem to be the most accepting of gay marriage over African-Americans and other races. Discussion The decision on choosing gay marriage legalization and views in America today comes from the realization that there are more gay couples seeking marriage in todayââ¬â¢s society than ever before. Gay marriage is no different than heterosexual marriage between a man and a woman with the one obvious exception of gay marriage being between two individuals of the same-sex. Often times, gay marriages are not granted the same civil rights and civil liberties as their heterosexual counterparts. Age, religion, ethnicity and race, and economic status greatly factor into ones positive or negativeà views on gay marriage. Throughout this course I have learned that some individuals or even groups of people, such as the gay population, have a very difficult time obtaining the same advantages as their peers. In the past, homosexuality was something to be feared, however, today the public opinion of gay marriage is changing for the better. Stereotypes and prejudices still exist today however they are slowly being phased out by an understanding and more positive attitude towards gay marriage. As of today fifteen states have legalized gay marriage with many other states predicated to soon follow suit. This research has helped me better understand the struggle and plight that the gay community often faces for basic civil rights. Liberties and benefits that I take for granted that come along with marriage are not often extended to the gay community based solely on sexual orientation. I have gained a new appreciation of marriage because I know it is not something that is equal for everyone as well as not obtainable for every individual at this present time. Marriage is not something to be taken for granted because there are those that still cannot share in its wealth. American was built on the foundation of freedom for all regardless of differing diversities; I believe this should hold true for all regardless of sexual orientation. Work Cited ââ¬Å"Gay MarriageProCon.org.â⬠ProConorg Headlines. ProConorg, 11 Nov.2013. Web. 17 Nov. 2013. Kohut, Andrew. ââ¬Å"Less Opposition to Gay Marriage, Adoption and Military Service.â⬠Pew Research Center for the People and the Press RSS. People Press, 22 Mar. 2006. Web. 06 Nov. 2013 ââ¬Å"Marriage.â⬠Marriage. N.p., n.d. Web. 17 Nov. 2013. Sherkat, Darren, Kylan Mattais De Vrias, and Stacia Creek. Race, Religion, and Opposition to Same-. Social Science Quarterly (2010): 80-100. EBSCO. Web. 17 Nov. 2013. . Todd, Nathan R., and Katherine S. Ong. Political and Theological Orientation as Moderators for the Association between Religious Attendance and Attitudes toward Gay Marriage for White Christians. Psychology of Religion and Spirtuality 4.1 (2011): 56-70. EBSCO. Web. 2013. .
Thursday, September 5, 2019
Business Ethics And The Fast Food Industry
Business Ethics And The Fast Food Industry Ethics is the principles of conduct governing an individual or a group. It is the study of morality. This paper is research based on ethnographic study conducted in one of the outlets of Burger King an American based fast food company with over 12000 outlets across 73 countries. This paper includes observations that were made in one of its outlets, interviewing some of its employees, and also includes inputs given by some chosen customers. Once all these recordings were made, the aim was to relate our findings to identify if this company is ethical in its practices. I visited Burger King Outlet in M. L Hampstead, which was pretty spacious, with about sixty seating capacity. Out of which forty were lower seats, 10 high chairs and the also had some 10 chairs specially meant for kids. Considering the crowd it seems to be enough seating facility, but during peak hours that is between twelve to three in the noon its bit difficult to get seats. Nether There neither is a specific smoking zone inside the burger king nor is it allowed in burger king. The shop is handicap friendly all the parts of store are wheel chair accessible, the doors can be opened pressing the button sitting on a wheel chair. Toilets specially meant for handicaps are facilitated. They have toy cars in which children can sit and play, it is a special attraction for children. parents bring children because of this reason. It costs fifty pens for ten mins ride. They also give free toy pack with kids meal which cost 2.99 pounds. They dont have any discount like student discount or any other discount targeting specific section of customers but they have offers like buy one get one free which is applicable for any sandwiches, expect sandwiches its not applicable to any other items . I found that many people asking for specific type of burger called whopper burger which coast 3.79 pounds. Other than this more customers opted fizzy drinks these two items seems to be very famous with burger king. I also noticed that only few people opted for take away like 20% but maximum about 80% of customers opted to eat in. one more thing I observed that from 12 to 3 in noon it is peak hours and for every ten minutes we can expect 30 to 40 costumers .so at that time six service staff were attending customers in the front desk but on other times in off pick hours there will be around 15 to 20 customers in a span of 10 minutes , so there will be 3 to 4 service staff in front. I interacted with staff and tried to collect some data. They were very friendly and cooperative and were generous to give following information They told that, there were 30 people working in that particular burger king .out of that 24 were male 16 female .In that 6 of 24 male staff were designated as shift mangers, 3 out of 6 female staff were also shift managers and there was only one branch manager. Expect this 10 members all other were service staff and they were paid 5.80 pounds per hour and shift managers were paid 6.20 pounds per hour and branch manager was paid a fixed monthly salary. They were allowed to take 40 days of paid sick leave others than this they didnt had any special comforts or benefits, and employees were given permission to have food worth 50 pens per hour. And they were paid 50 percent extra salary when they work during bank holidays and festival holidays . The staff was really diverse which include people from all ethnicity, out of which 10 were student working part time and remaining were working full time. They said they prepare a burger within 30 sec n they dont take more than 2 min to serve a customer, whatever may be the order. As far as customer concerned majority of them were middle aged, compared to young or old people and there were more female customer than male. When I spoke to some of the young customer I came to know that that rates in burger were bit costlier compared McDonalds, KFC and its other competitors and hence less in number of younger crowd. Majority of customer were very polite in the behavior but sometimes young customers behave very rudely, they even use abusive words and even through the burger if some minor mistake is happened while serving this young customers. Unlike McDonalds and star bucks, in burger king I didnt see them collecting money for any kind charity work, nether I saw any information regarding burger king charity connection. Ethics, which often called as moral philosophy is not easily defined and philosophers offer contradictory explanations of it. It is a subject which includes discussions about how we should live, what is right? What is wrong? And what we mean? To get an idea of ethics, its important to have a look at these questions: Are some of the things always wrong, If so what are those?, or does it defer on the point of view or even situation? How to measure goodness and badness? Are all humans selfish? Are really some people better at morality than others, or is everyone equally capable of being good? Why should you be good? Is Ethics a special type of knowledge? If it is so what sort of knowledge is it and how do we get it? Dose morality means obeying a set of rules? If people say, I know cheating is wrong, do they know it is wrong or simply believe it very strongly? Are moral laws the same as societies laws? This means, ethics covers a wide range of topics. The answers for these questions are hotly debated for hundreds of years and are still debated today. They affect every aspect of the way we live. They cover even issues such as whether we should pay our taxes or not and even how we treat our pets. There are two different kinds of ethics: Ethical theory and Practical ethics. Ethical theory examines the various philosophies, systems, ideas or principles used in making judgments about right/wrong/good/bad things. Practical ethics is more focuses on subjects that always invite ethical questioning such as is it is right to have an abortion or help someone who is terminally ill. No doubt these two things are related. The theory we use influences the decisions on every particular moral issue. For example, one who believes in a set of principles which states that life is sacred and no one can ever take it. This principle may lead him to think against capital punishment. So the ethical theory leads him to a view about the moral issue (the death penalty). Before we proceed, some definitions should not go amiss. Ethics comes from the Greek word ethikos which in its root form (ethos) means character or custom. For the Greeks it refereed to the appropriate or customary way to behave in society. Morality is derived from the Latin word Moralis and is concerned with which actions are right and which or actions are wrong, rather than the character of the person. Today the two terms are often used interchangeably. Business ethics concentrates on the moral standards applicable to business policies, institutions, and their behavior. In other words, is a form of applied or practical ethics. It includes not only the analysis of moral norms and values, but also attempts to apply the conclusions of this analysis to that assortment of institutions, technologies, transactions, activities, and pursuits that we call business. Business ethics investigates three different kinds of issues: systemic, corporate, and individual. Systemic issues in business ethics are ethical questions raised about the economic, legal, political and other social systems within which the businesses operate. Corporate issues in business ethics are ethical questions raised about a particular company. Individual issues in business ethics are ethical questions raised about a particular individual or an individuals within a company. The multinationals operating in more than one country creates ethical dilemmas for their managers that managers of a firm limited to a single country may not face. The ability to shift its operations from one country to another enables the multinational to escape the social controls that a single nation might attempt to impose and can allow the multinational to play one country against another country. It can even sometimes transfer goods, raw materials and capital among its plants in different countries which enables it to escape fiscal obligations and even taxes that companies operating in a single nation forced to bear. They often get the opportunity to transfer a new technology or set of products from a more developed world to nations that are less developed. It is often faced with the dilemma of deciding which of these different norms and standards to implement in its operations. Ethical relativism is the view which states that there are no ethical standards that are absolutely true and that can be applicable to the companies and people of all societies. Thus, the theory of ethical relativism implies that whatever the majority in our society believes about morality can be considered automatically correct. Utilitarianism is a term for a view which holds that actions and policies can be evaluated on the basis of benefits and costs they will impose on society. usualy business analysts think that the best way to evaluate the ethical propriety of a business decision or any other decision is by relying on utilitarian Justice and Fairness Issues involving justice and fairness are usually divided into three categories: Distributive justice is concerned about the fair distribution of societys benefits and burdens. Retributive justice refers to the imposition of punishments and penalties on those commit wrong deeds. Compensatory justice deals the best possible way of compensating people who were wronged by others. Least Harm This deals with condition where neither choice are beneficial. In such case, a person can choose least harm possible option and which harms the fewest people. One should also sensibly argue that people have superior responsibility to do no harm than to take steps benefiting others. For example, a person has a greater responsibility to simply walk past a person rather than to hit a person as they walk past with no specific reason. Rights In the rights ethical theory the rights accepted by a society are protected and given the highest priority. Rights are considered to be ethical since a large population endorses them. Individuals may also confer rights upon others if they have the capability and resources to do so (1). For example, a person may say that his friend may borrow the car for a day. The friend who was given the ability to borrow the car is now having the right of the car for the day. Based on the theories and utilitarianism which explains ethics based on benefits and cost though burger king charging more than other counterparts like Mc Donalds and K.F.C, people thought, it worth paying and liked the quality, thus it seems to be ethical as for as the pricing is concerned. But some also thought its pricing was expensive especially the youngsters and many avoided Berger king and rather preferred other options. With there prospective it may be unethical pricing. . As for as employee rights are concerned burger king is paying the minimum pay directed by the government. Though it seems to be nothing wrong legally but when charging more than all its counterparts it seems to be unethical to stick to bottom of the payment scale, when it come to paying its employees. And in case of Mc Donalds, there rival brand they had some special schemes for its employees through corporate tie ups, but any such facilities are missing in case of burger king, says the employee. But burger king employee are happy that unlike many other fast food companies it allows its employees to have food. Food they can have is like 50 pens worth per hour, but it seems to be unethical seeing the pricing of its food items, it should be sensible and ethical if they try to increase this. And it cannot be uneconomical considering the fact that only 5to 10 employees work in most of its outlets at a time, Thus it doesnt make huge impact to its revenues. Seeing the fact that all of its outlets are disabled friendly it seems to be an ethical practice, but they might be doing it for compulsion since it is mandatory under law. Further opinion regarding being disabled friendly can be given only if we can come to know whether they are having similar practice in countries where its not a compulsion under law. They do have facilities for entertaining the kids, but they are charging for it so it hard to categories it has a act of social concern or a commercial one. But they are also giving some gifts along with kiddy meal, again this can be considered a marketing activity. They doesnt even have student or any kind of discounts which again doesnt really come under ethics , it could have been considered as a mere promotional activity ,even if they were having. One thing that really needs a mention, is its diversified staff which included all kind of people from different ethnicities, male female and students and had both part timers and full timers. The staff were very friendly and polite they treated every one in a same way the did not do any differentiation based on race, color, religion and ethnicity. There was no gender bias they treated every one the same even when some young costumers behaved very rudely they were trained to be very polite. From some of its behavior it brings a notion that it is very ethical and socially responsible. but its might not be totally true because many of these acts may be carried out of legal compulsion and some time even because of business compulsions, but one good thing, which need to be mentioned is that, its not involved in any notable un ethical behaviors. The topic of ethics itself is a debatable subject in every step. So on this topic it hard to decide or conclude whether the Burger king is ethical or not. And its might be the case of many other companies References: Manual g velasquez business ethics andrewson university 2001 Serrelo.c and fraedrich john 1994.
Wednesday, September 4, 2019
Directors Duties in Company Law
Directors Duties in Company Law Solution: Facts and Issues: In this case Mario is the Director of FWPL Company. Mario decides to contact Simon with the intention to acquire his shares in FWPL. As a Managing Director, Mario knows that there is a good chance that Company will in near future enter into a distribution agreement with a leading retailer in the United States that will enhance the value of the business. The issues in this case are as hereunder:- Duty of care or (directors duty of care to the company and to the members). Duty of good faith. What duties director owes to the company? (Bostock, 2012) Rules: Section 180 (1) of the Corporations Act 2001 incorporates the Duty of diligence and care. This provision states that a officer or Director of a corporation shall exercise the powers vested in him and discharge their duties with a degree of care and diligence which is exercised by a reasonable person if they: Were a officer or director of a corporation in the circumstance of corporation; and held or Occupied the office by, and bear the same responsibilities within the corporation as the Director or the officer. The reference reasonable person indicates an objective level of care which is consistent with the development of a duty based on trust. The balance should be between the foreseeable risks of harm against the potential benefits that can reasonably affect the corporation from the questioned conduct(Lowry, 2012). Section 181 Duty of good faith. An officer or Director of a corporation shall exercise their powers and discharge their duties: In the best interests of the corporation and in good faith For a proper purpose This provision embodies fiduciary duty on directors of the corporation to act Bonafide and in good faith for the advantage of the corporation, and provides with an obligation to act honestly(Barasnevicius Quagliato, 2008). Section 182 Duty of Director not using his position improperly. A director of a corporation shall not use their position improperly to gain an advantage either for themselves or for some other person. The director shall not make improper use of their position in such a way that it causes detriment to the corporation. This section is determined to be violated when a director is engaged in a conduct with the intention and objective of obtaining an advantage regardless of the fact whether that advantage occurred or not (Ho Lee, 2007). Section 183 Duty not to use information obtained as a director improperly. When a person obtains some information because he has been or is a director of the corporation, then he must not use that information in improper way to have an advantage for himself or any other person (Kottow, 2010). Application: Section 180 of the corporations Act 2001 attracts a civil obligation that a officer of the corporation or director of the corporation must at all reasonable times show a proper degree of care and diligence in the execution of their duties and powers. Section 180 (2) provides a rule of business judgment whereby a director is required to: Make their judgment for a proper purpose in good faith The director should not invest his personal interest of material nature in the matter of the concerned judgment. Should inform themselves regarding the matter of the judgment to the extent they believe to be appropriate. The directors believe that the judgment is made with the advantage of the corporation. In this case the decision of Mario to acquire Simonââ¬â¢s shares is based on his personal interest and violates the duty of care and diligence (Bainbridge, n.d.). The duty of good faith as per section 181 of the corporations Act 2001 is violated. Section 181 requires that the director must entertain his duties in good faith in the best interests of the corporation and. In this case Mario is not discharging his duties for a proper purpose for the advantage of the corporation rather he has been intended to have a personal advantage which shall not be in the advantage or interest of the corporation. On the other hand, this is also not for the proper purpose. Proper purpose under this act refers a purpose which is in the interest of the corporation. A civil obligation is imposed on the directors and other officers under section 181 to exercise their duties and powers in good faith and in the interests of the corporation. It has been provided that if the directors use their powers of their personal interest, the advantage of any other party, then it shall be considered to have breached this duty under section 181. It is important to note that under section 184 (1) breach of this duty shall be considered as a criminal offense if the director was intentionally dishonest (Lim, 2013). The duty provided under section 182 not to make improper use of position and under section 183 not to make improper use of information has been violated in this case. Here Mario has used his position in an improper way for his personal interest and benefit rather than for the benefit of the corporation or the members of the corporation. Mario has also used the information which he obtained because he was a managing director has violated and breached the duty under section 183 of the act. Conclusion: It can be concluded from the above analysis that in this case Mario being the Managing Director has breached the duties under section 182 and 183 of the Corporations act 2001. Mario has used his position and information he obtained being in the position of Director of the corporation for his personal interest and benefit. Mario has failed to perform his duties in good faith against the corporation as well as against Simon. In this case Mario has breached the duties to act in good faith in the interest of the corporation for a proper purpose. Mario has breached his duties against the corporation and the members of the corporation both. Question 2: Facts and Issues: In this case JV Mine Pty Ltd is jointly held fifty percent by GML and the other fifty percent by QMNE. In 2009, QMNE approached GML, the shareholder in JV Mine, to make another big investment in JV Mine, to offer it to develop a copper mine. The directors of GML delegated to others, which included a geologist, the work of collecting the technical information relating to the quantum of copper that the company might be able to be mined. The report, which was prepared for the directors showed that the investment offered in the mine shall be very fruitful. Queried by other directors regarding the optimistic results, Mr. Chester (who has a geology qualification) assured them that all reports seem to be in order. But it was discovered that some of the facts had been negligently included in the report. This means that, if the directors believe the report and invest funds of GMLââ¬â¢s in the mine, the investment will not be as successful as the report has declared. The issues in this case are as given hereunder: What should be standard of care for the directors? Duty of care is same for all or less for others or special for one? Is it special for directors who have geological qualification? Mention responsibilities of decisions, all decisions canââ¬â¢t be positive (Bruner, n.d.) Rules: Section 180 (1) of the Corporations Act 2001 provides the duty of care and diligence for the directors of the corporation. It states that an officer or director of a corporation shall exercise the powers vested in him and discharge their duties with a degree of care and diligence which a person of reasonable prudence would exercise if he: Held the position a director or officer of a corporation in the circumstance of the corporation; and Occupied the office or position held by, and hold the same powers in the corporation as the Director or the officer (Lipson, n.d.). The standard of care which is to be observed by the directors of the corporation should be as expected from a person of reasonable prudence would have shown if he was a director or held the same office with the same responsibilities. In other words the standard of care which is required from the directors is that same for a person of ordinary and reasonable prudence. The directors have a duty to act in the advantage and interests of the corporation. Directors have a duty to directly avoid conflict of interests (DIRECTORS PERSONAL LIABILITY FOR CORPORATE FAULT, 2007). An objective standard of care was developed by Australian courts in the case of Daniels V Anderson (1995) 13 ACLC 614 (Cassidy, J.1997). Duty of care is same for all the directors of the corporation. The law does not provide for difference in liability of directors. All the directors are expected to act with their diligence and care and perform their duties with such care that no loss is caused to the corporation (Art, R. C.2003). Special standard of care is expected from the directors who are skilled or have special knowledge of a technical question involved. Where the question is related to a technical point and any of the directors have special knowledge or skill related to that question then the standard of care expected becomes as that from an expert (Gordon, R. 2003). Application: In this case it is the duty under section 180 (1) of corporation act 2001 of the directors to act with care and diligence. The standard of care expected was as that of a person of ordinary prudence. The directors of GML fulfilled their duty of care by delegating it to others, including a geologist to obtain technical information on the amount of copper that could be mined. It was the duty of the directors to take the decision that whether the investment will be successful or not. In this case the duty of care is same for all the directors and a duty of care was special for the director who had a special knowledge of geology. It comes within the scope of duty of care that the directors make sure that the report submitted before directors should be verified. In this case Mr. Chester, who has a geology qualification, had a special standard of care in this case because he had the special knowledge of the subject. So in this case the duty of care has been breached by the directors of GML as the report showed the amount of profits was not accurate or reasonable. As it was discovered later that some information in the report was negligently prepared. So it comes within the breach of duty of care when the directors fail to obtain a reasonable report and the facts in the report are based on negligence that means the duty of care has not been fulfilled as of the expected standard (Harding, D. 2001) Conclusion: In this case the duty of care was vested in the directors of the GML as to the question of the amount of copper which could be obtained from the mine. The directors had a special standard of care expected from them. The directors delegated to others to obtain the information on technical points about the quantum of copper which could be achieved from the site. It was discovered later that the report, though in order, but it has included the facts of profit which are negligent and not reasonable. So it can be concluded that the directors of GML breached their duty of care in this case (Premiers.qld.gov.au, 2015). References: Bostock, T. (2012). The Corporations Act 2001.Ac,2002 (39). Lowry, J. (2012). The Irreducible Core of the Duty of Care, Diligence and skill of Company Directors: Australian Securities and Investments Commission v Healey.The Modern Law Review,75 (2), 249-260. Barasnevicius Quagliato, P. (2008). The duty to negotiate in good faith.Int Jnl Law Management, 50 (5), 213-225. Ho, L., Lee, P. (2007). A DIRECTORS DUTY TO CONFESS: A MATTER OF GOOD FAITH?The Cambridge Law Journal,66 (02), 348. Kottow, M. (2010). The improper use of research placebos.Journal Of Evaluation In Clinical Practice,16 (6), 1041-1044. Bainbridge, S. The Business Judgment Rule as Abstention Doctrine.SSRN Journal. Lim, E. (2013). Directors duties: improper purposes or implied terms?Legal Studies,34 (3), 395-418. Bruner, C. Is the Corporate Directors Duty of Care a Fiduciary Duty? Does it Matter?SSRN Journal. Lipson, J. Directors Duties to Creditors: Volition, Cognition, Exit and the Financially Distressed Corporation.SSRN Journal. DIRECTORS PERSONAL LIABILITY FOR CORPORATE FAULT. (2007).Tilburg Law Review,14(4), 481-482. Has the sleeping director finally been laid to rest?Australian Business Law Review,25(2), 102-117. Shareholder rights and remedies in close corporations: Oppression, fiduciary duties, and reasonable expectations.Journal of Corporation Law,28(3), 371 Do publicly traded corporations act in the public interest?Advances in Economic Analysis Policy,3(1), 1013 Referral of powers paves way for Australias corporations act.International Financial Law Review,20(4), 57-58. Premiers.qld.gov.au,. (2015).7.3 Corporations Act 2001 (Cth) (the Corporations Act) Welcome Aboard Department of the Premier and Cabinet.
Police Brutality :: Use of Excessive Force by Police
In recent years, police actions, particularly police abuse, has come into view of a wide, public and critical eye. While citizens worry about protecting themselves from criminals, it has now been shown that they must also keep a watchful eye on those who are supposed to protect and serve. This paper will discuss the types of police abuse prevalent today, including the use of firearms and receipt of private information. I will also discuss what and how citizens' rights are taken advantage of by police. For these problems, solutions will be discussed, focusing on political reform, education, and citizen review boards. These measures are necessary to protect ourselves from police taking advantage of their positions as law enforcement officers with greater permissive rights than private citizens. Because of this significant differential, all citizens must take affirmative action from physical brutality, rights violations, and information abuse. Problems arise, however, when one side is told what to do by another, as there is bound to be conflicting viewpoints. In regard to police abuse, there will be many officers who feel that their job of fighting escalating street crime, gangs, narcotics violations, and other violent crimes is difficult already, and that worrying about excessive policy for abusive behavior will only further decrease their ability to fight crime effectively, efficiently, and safely. Citizens, however, have been caught up in this gung-ho attitude, and police are more and more often crossing the line of investigation and interrogation with abusive behavior. This abuse must be monitored so that police do not forget who they are serving--not themselves, but the public. This means that even the criminals, who are a part of the public, have certain rights, particularly, civil rights. All citizens must be aware of these rights to protect themselves against over-aggressive officers who take advantage of their pos ition as badge and gun holders to intimidate and abuse civilians for personal or departmental goals. Such conflicts have significant implications on departmental and administrative policy procedures. One of the main police abuse problems is physical brutality. The main goal here should be to get the police departments to adopt and enforce a written policy governing the use of physical force. The policy should restrict physical force to the narrowest possible range of specific situations. For example, their should be limitations on the use of hand-to-hand combat, batons, mace, stun guns, and firearms. However, limiting polices' actions will bring much debate, especially from police officers and administrators themselves.
Tuesday, September 3, 2019
Creatine Monohydrate Essay -- Supplements Chemistry Creatine Essays
Creatine Monohydrate Creatine monohydrate is a body building supplement. Many athletes and trainers use it to enhance athletic performance. College athletics are an advocate for creatine when it comes to exercising and strength conditioning, But what is creatine? Creatine is a naturally occurring metabolite found in red muscle tissue. It is a powerful ergogenic aid that plays an important role in energizing muscle. Creatine increases the body's ability to do work. It is high powered and generates the muscles ultimate energy source - ATP (adenosine triphosphate)- ATP produces the contractions of a muscle's proteins. When muscles are performing work ATP is being broken down into ADP (adenosine diphosphate) and energy is given off. The ATP being used usually lasts 10 - 15 seconds. After that the muscle depends on creatine phosphate to restock the ATP. Creatine acts as a reserve for the ATP. Therefore increased amounts of creatine will allow the body to supply ATP at a faster rate. Which, in turn allows an individual to workout longer and maintain a high level of strength. With creatine as a supple)-nent the body is exposed 4 grams of creatine per kilogram. Red meats give 1 gram of creatine per large serving. These increased amounts of creatine slow the possibility of fatigue. Creatine promotes the synthesis of protein, which promotes muscle growth. The loading phase consists of 5 grams 4 - 6 times a day for the first 5 to 7 days. 'f his should be accompanied by at least I hour of exercise. The load should then be reduced after a week to no more than IO grams per day. This is what most of the stores that sell the creatine will tell vou because there aim is to sell the product. Since the product has been... ...ur best bet because it has been proved that loading is not necessary. While creatine is being taken it is necessary that the individual remains hydrated during the early cycles extra water is taken into the cells when creatine enters and this causes minor water retention- This water retention has been related to cramps and heat intolerance. The majority of the advocates for creatine didn't report any side effects. In most instances when the question was raised, the articles said, "Yes, it's safe. No negative side effects noted in research with recommended levels of supplement." All of these people were involved with sales and advertisement of the product also. An article on a review of creatine was the most effective in providing insight on creatine because it didn't have anything to do with promotions of it. Creatine is safe, it is pure and it works!
Monday, September 2, 2019
Going for the Look but Risking Discrimination Essay
In the society we all live in today, where outside beauty is emphasized more than inner beauty, businesses have realized how to utilize that view to their own benefit They have looked at trends and realized that it is profitable to hire those with outer beauty. However, since certain businesses are only hiring certain ethnicities in order to project that image, it has been questioned whether these businesses are discriminating. In the article, Going for the Look, but Risking Discrimination, it says that â⬠hiring attractive people is not necessarily illegal, but discriminating on the basis of age, sex, and ethnicity is. The companies cannot help it that only certain types of people fit their marketing image and their hiring strategies are not exactly discrimination because they have nothing else against other people except that they arenââ¬â¢t selling material. Although it might be seen as discrimination in only hiring certain types of peoples, I agree with Cohen that it is a smart move to hire based on image because if is an effective marketing strategy. Image plays an important role in determining how much certain products can be sold. The differences in the prices of the clothes sold in for example, Walmart, and those of Nordstrom or Neiman Marcus is due to image. When you walk into places that look cheap and wear the clothes there, you do not feel all that glamorous. However, in designer stores, where all the models are what we call chic and all the products are in a fancy arrangement, everyone feels compelled to buy the product so that they can look like a million bucks. Also, chic models are featured in designer magazines such as Bazaar that give the impression to readers that if they have these certain items they can also be beautiful Because of this, Gucci,Louis Vuitton, and other brand items that are considered designer items can be sold at the price of thousands of dollars. This is beneficial for businesses because they can make a lot of money from items that do not take much to produce and also come from cheap labor probably. No one buys those bags because they are of particular good quality but just because the brand name tells others that you are ââ¬Å"inâ⬠and that you are possibly rich. Looks are attractive to the eyes; that is human nature since it is the strongest sense and will not likely be subject to change. The first impression that someone always gets from another person is fbased on the way they look. Everyone basically has the same view on what is pretty and what is not and that view influences their decisions on what to buy. In a society where most people care about what they look like, it is essential for companies to portray an image that is attractive and makes the person want to look that certain way. Abercrombie and Fitch is an example of a store that excels at doing this. They hire buff guys and attractive white girls to portray a preppy, American style to be models and sellers. They also attract customers by appealing to another important human sense, smell; they spray the store with an intriguing perfume. When girls see good looking guys, they would want to walk into the store to check them out and the same for guys toward girls. This gives them an opportunity to also look at the clothes at the same time. This leads to increases in sales that generate profit and future profit. For the future profit, I mean that if many people go to a certain store, it would soon turn into a trend. Those that shop at the store would influence their friends to do so too. In some cases, businesses have to hire for image. If they do not do so, things become awkward and may not reflect a businessââ¬â¢s culture. Since the United States is a diverse country with many ethnicities, this situation applies directly to this nation. Throuhout ths country, there are many restaurants that are designated to sell certain types of food such as Japanese, Chinese, Mexican, and many others. There are also areas that are designated to certain cultures such as Chinatown and Japantown. When customers walk in to those restaurants or areas, they immediately think that they should see people of a certain ethnicity working there. Also, the setup of the table and other decorations also seeks to portray a cultural image that influenced peopleââ¬â¢s views. Ths might seem stereotypical, but it has its practcalities. This cultural image gives the consumer an impression that the food made or the products sold are authentic, which is the whole reason that they visit those cultural places in the first place, which is to get a taste of other cultures. Cohen is correct in that hiring for image is essential for good business. It must be effective since all businesses pursue to do so. Hiring for image leads to the increased prices of product, increased sales of products, and can give the impression of authenticity which eventually leads to what businesses want, profit. It also is an important aspect in attracting the teenager group which is a large portion of consumers; Teens are well known for wanting to have a good image due to peer pressure and to be popular at school. The claim that businesses are discriminating are unreasonable; they may only be hiring certain types of people , but that is uncontrollable in pursuing to satisfy their customersââ¬â¢ wants and needs. They are only trying to do what they think will generate the most profit. If most people ask themselves, they would rather choose a place with good looking people than without. However, although it is beneficial for companies, the question of whether is it moral is another question. Is it right to not give others a chance just because they are not attractive even if they have more experience? Thatââ¬â¢s a very deep question that I think is very debatable.
Sunday, September 1, 2019
One Thing That Changed My Life Essay
One thing that changed my life a lot, was my oldest nephew Colton. He was born on December 18th 2003, that date in the past is one I can remember very clearly. My mom, sister (the one getting ready to have Colton), and my brother in-law went to the hospital extremely early, or well when I was six years old 5:00a. m. was early to me, and to be honest it kinda still is. Anywho on with the story. They woke up and left me with my other sister, they went to the hospital in Ponca City the nurses there got her and she just pretty much laid in bed all day and had contractions. My mom came and got me around 3:00 in the afternoon. We headed to the hospital, with a caravan of grandmas and aunts behind us! We all arrived at the hospital safely. I had to sit in the waiting room with my aunt. Me and my aunt walked around a lot, we came back to the waiting room and who might be waiting for meâ⬠¦ Santa Claus was! I was so excited and happy. Well after all that, my mom came into the waiting room and said my little nephew had been born. The first time I saw him, and held him I immediately fell in love, I was so amazed by this little one that came into my life. He is know eight years old, and he truly is wrapped around my finger and beyond amazing, heââ¬â¢s been with me through so much, and it never fails that I could be having the worst day of my life and having a mid-life crisis, he can always put a smile on my face. Iââ¬â¢m beyond blessed to have him in my life.
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