Monday, December 30, 2019

The Evolution Of Mass Media - 786 Words

The Evolution of Mass Media De’Boria Claiborne-Lowery University of Phoenix HUM/186 Instructor Allyson Wells December 4, 2017 The Evolution of Mass Media The mass media are critical players in the American political system. Media is seen in many forms nowadays such as television, radio, social media, newspapers, magazine, etc. The media affects people in varied ways, some are positive and others are negative. A positive aspect shows constructive information. It can boost self-esteem and encourage people. Mass media helps people connect with people all around the world. I use social media for things like promoting my business or to talk to my family that is now†¦show more content†¦The newspaper can be very informational if you just really sit and read it. Reading is good for the rain. I love to encourage my children to read something so that they will not be so attached to the television. My father was born in 1935 so the television wasn’t a big part of his everyday life. He preferred to read the newspaper. With the newspaper you can cut clippings out and make a scrapbook on certain things that you can go ov er later in life. Another thing I found out with the newspaper is that you can get the news but it will be a couple days or so later before it reaches you, that is one down size of it. The television can be a great thing for the society because you are able to watch live new or watch anything in live. With the television you are able to see things whether it is new, entertainment or history in motion. Between the 1940s and 2000s, commercial television had a profound and wide-ranging impact on American society and culture. It influenced the way that people think about such important social issues as race, gender, and class. It played an important role in the political process, particularly in shaping national election campaigns. People will now promote their businesses through television commercials to get people to come to their company. Until the 1970s, the majority of the people who appeared on American television programs were Caucasian (white).Show MoreRelatedEvolution Of Mass Media874 Words   |  4 PagesMajor developments in the evolution of mass media Media has been changing drastically since its inception. While print was the main form of media for the longest time, when radio and television became major forms of media they brought something with them that words could not do. People who were tuning in to the radio and watching television were now exposed to marketing campaigns, visual violence, sexuality, suffering and relief, and the start of celebrity idolization. As technology expanded andRead MoreEvolution And Devolution Of The Mass Media994 Words   |  4 Pages The Evolution and Devolution of the Mass Media The political behavior of citizens, policymakers, and the political agenda are increasingly shaped by the mass media. 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Sunday, December 22, 2019

Analytical Essay of Crossing by Mark Slouka - 790 Words

Analytical essay of †Crossing† - Mark Slouka â€Å"No love is greater than that of a father for His son† – This quote can be related to the short story crossing, which is written by Mark Slouka. The father (Narrator) has a past where he failed a lot on the family-front, now he is trying to make things better by trying to improve his bond to his son. A relationship between a son and his father is difficult to maintain when the sons father and mother are divorced. The custody is typically awarded to the mother of the child. How would a father behave when he get the chance to strengthen the bond between his son and himself? Mark Slouka has used third-person limited omniscient narrator. This means a few things for the narrative technique.†¦show more content†¦However when the sun shines, later in the story, the father gets into a positive mood. The protagonist in the short story is the father. There is not much dialogue in the short story, so the characterization of the protagonist will be based on actions and not on what they say. As I mentioned in the intro, the father has a past where he failed on the family-front, the background story is shown in this quote â€Å"†¦and at some point he saw her watching them, leaning against the kitchen counter in her bathrobe, and when he looked at her she shook her head and looked away and at that moment he thought, maybe – maybe he could make this right.† In this part of the story he is about to get his son and when he thinks that he could make it right this time, the reader gets an impact that he had done it wrong in the past. So we have a father who have been on astray and are getting on better thoughts. â€Å"No love is greater than that of a father for His son† – the unhappy

Saturday, December 14, 2019

Company Law Problem Question Free Essays

string(173) " this chapter is the duty to act within their powers \(s171\), to promote the success of the company \(s172\) and to exercise reasonable care, skill and diligence \(s174\)\." Introduction The formation of a limited company and the management thereof is a complex set of legal principles contained in common law and statute. The fundamental basis of association between the members and directors of a company is one which is essentially based in contract[1] and as such the enforcement of decisions through the relative power of these stakeholders is primarily based on these articles, informed by legal principles contained in the common law and statute. The autonomy that limited liability affords a company is one of the associated benefits and as such, the courts are hesitant to enforce obligations which may directly undermine this principle. We will write a custom essay sample on Company Law Problem Question or any similar topic only for you Order Now With this in mind, the following opinion seeks to consider the legal issues surrounding the Articles of Association and the concerns raised by Bradley and the other shareholders of TLC. Thereafter, the opinion will consider the liability of TLC for the actions of the insolvent subsidiary companies, Better Built Homes Ltd. and Retirement Villas Ltd. 1. Tony Leicester and Articles of Association The law of companies in the United Kingdom has placed the power to run a company firmly within the hands of the directors of the company, however this does not preclude the powers of shareholders to affect certain decisions within the company.[2] Certain key concepts will be defined below in order to determine how the members may remove Tony Leicester as a director and technical consultant, as well as to change the name of the company. The role of members in a company has become increasingly passive as company law has developed and to this extent, there is the opinion that the powers of members has resorted to rubber-stamping recommendations of the directors.[3] Articles of Association The articles of association constitute the primary constitutional document between the members and the directors, which define the division of power between the two. The articles can be said to constitute a contract between the members of the company and the directors, and as a result orthodox rules of contractual interpretation are applied thereto. The courts have routinely taken a conservative approach to the interpretation of the articles of association and have consistently disallowed the reading in or amendment of the articles to reflect anything other than that which can be expressly interpreted from the wording thereof, regardless of any established intention to the contrary.[4] The intention of the members at the time of signature of the articles seems to be irrelevant for the purposes of interpreting and amending the articles, and therefore whether the members of TLC were in disagreement with the terms of the articles as drafted and amended by Tony Leicester is irrelevant for the purposes of rectification. The court has stated that it has no jurisdiction to rectify the articles in such an event.[5] This means that the court will not amend the articles, despite it having been the product of Tony Leicester exclusively. Common law principles of company law have also developed equally conservatively, with the court refusing to enforce any resolution by the members which disregards the terms of the articles themselves.[6] In Imperial Hydropathetic Hotel v Hampson refused to enforce a resolution of a general meeting to remove two directors in contrary to an article which afforded them a fixed tenure.[7] This applies equally to the power of members to overrule decisions by the directors with regards to the company’s business activities.[8] To this extent, any decision taken in contradiction of the articles will be dismissed. This approach by the court is subject to a number of exceptions contained in the Companies Act 2006. Although the Board of Directors wishes to remit the matter for adjudication in terms of Article 60, the shareholders do have some statutory power in terms of the appointment and regulation of the directors conduct and therefore, where these exceptions exist, the shareholders d o not necessarily have to comply with this directive. Changing the Name of TLC The ratio of Quin Axtens Ltd v Salmon[9] is analogous to the case of TLC, as the court granted an injunction against the progression of a business decision which required the unanimous support of the two directors, of which only one agreed and was supported by a resolution of the members in support thereof. To this extent therefore, the Articles of TLC are valid and no resolution by the members will have any effect to the extent that they are in contravention of the Articles themselves. Therefore, changing of the name of TLC cannot be effected without unanimous agreement by the shareholders and the allocation of shares will need the unanimous consent of all directors. In order to change the name of TLC therefore, the articles of association requiring unanimous consent from all shareholders will first need to be amended. Removal of Tony Leicester as Director of TLC With regards to Tony Leicester’s tenure as director of TLC, s168(1) of the Companies Act expressly states that â€Å"[a] company may by ordinary resolution at a meeting remove a director before the expiration of his period of office, notwithstanding anything in any agreement between it and him.† An ordinary resolution is one which requires a simple majority of the shareholders to pass the resolution.[10] Therefore, any term in the articles of association which disallows the removal of a director from office is not enforceable. The implication of this is that, despite the life-appointment of Tony Leicester as a director in the articles of association, the Companies Act expressly allows the removal of him from his office as a director by ordinary resolution. As Tony Leicester only holds 40% of the total shares of TLC, the remainder of the shareholders in agreement will constitute a simple majority and therefore can remove him from office by way of an ordinary resolution. Chapter 2 of the Companies Act 2006 describes the general scope and nature of the duties of a director. Included in this chapter is the duty to act within their powers (s171), to promote the success of the company (s172) and to exercise reasonable care, skill and diligence (s174). You read "Company Law Problem Question" in category "Essay examples" These duties are owed by a director of the company to the company. The scope of what constitutes the company was originally interpreted as including the shareholders only, however in recent years this debate has been extended to the broader group of stakeholders, which may include customers, suppliers and any group which may have an interest in the company.[11] Prior to recent codification of these duties in the statute, these were contained in the common law. As these duties are owed to a company, a company may bring an action against a director for breach of these duties. The Company’s Act provides a number of remedies in the case of breach of these duties, which include inter alia damages and restitution. Therefore, in addition to removing Tony Leicester as director, he may well face liability for any damages caused in his alcohol-fuelled outbursts. Dismissal of Tony Leicester as a Technical Consultant Directors are not automatically entitled to remuneration and generally, their conduct as an employee will be governed by their service contract.[12] Chapter 4 of the Companies Act provides the legal framework for application to these contracts and in the case of a service contract with a director, the provisions of Chapter 4 apply to all types of employment and therefore, Tony Leicester’s status as a consultant falls within the ambit of this provision. Section 188 specifically applies to directors whose contracts are longer than two years in duration, a provision which is application in the current case and further provides that the agreement must be made available to the shareholders for inspection. Importantly in the current case, s188 provides that a service contract with a director which is longer than 2 years in duration must be approved by the shareholders in a general meeting. In the absence of this approval, the contract is void and subject to termination with reasonab le notice. On application of this provision to Tony Leicester, his employment with TLC as a consultant can be terminated with reasonable notice if the shareholders in agreement do not approve his service contract. As this provision is designed to prevent abuse by directors of the power in this capacity, the terms of Article 58 providing for indefinite employment for Tony Leicester by TLC does not preclude the requirement for approval by the shareholders. Assuming therefore that Bradley and the other shareholders are in agreement of Tony Leicester’s unsuitability for employment in the company, his employment as a technical consultant with the company can be terminated. 2. Piercing the Corporate Veil: Liability for TLC and/or its Directors The critical issue of whether TLC or Bradley may be held liable for the transactions of Better Build Homes and Retirement Villas raises the question of the importance of limited liability and the exceptions to this rule of company law, known as piercing the corporate veil. The doctrine of separate legal personality still forms an essential cornerstone of company law in the United Kingdom. The doctrine protects the interests of shareholders allowing limited liability which is essential for the efficient running of corporations under the current legislation. Despite a number of exceptions to this doctrine in common law since its inception, these all follow a similar trend in purpose. The doctrine of separate legal personality was laid down in Solomon v Solomon where the court stated the importance of this doctrine as follows: â€Å"The company is at law a different person altogether from the subscribers to the Memorandum and, although 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 in law the agent of the subscribers or the trustee for them. Nor are subscribers as members liable, in any shape or form, except to the extent and in the manner provided by the Act.†[13] Therefore, unless an act of the company or its directors fall within the ambit of certain exceptions a court will not pierce the corporate veil of limited liability. The application of this principle is equally important for protecting the members of a company in the advent of insolvency or liquidation. Both the legislature and the courts have recognized however that there are certain instances where the veil of corporate personality is used for improper purposes, particularly in the case of group structures as is the case with TLC. One of the notable exceptions is fraudulent trading, which is contained in s993 of the Companies Act 2006 and the Insolvency Act 1986 (s213 – 215). These provisions are aimed at attributing liability for carrying on business with the intention of defrauding creditors or any other fraudulent purpose. The common law principles of lifting the veil echo the provision of remedies in the case of improper business purposes and indicate that there must be some element of improper conduct in order to do so. Indeed, the courts have interpreted the landmark judgment of Adams v Cape Industries[14] to create three circumstances for piercing the veil. The court is entitled to pierce the veil of corporate personality where they are interpreting a statute or document requiring them to do so, where there are special circumstances which indicate that corporate personality is a facade for concealing the true facts and in application of the agency principle. On the facts of the case of TLC, it is clear that these exceptions do not apply and therefore based on the common law and statutory principles, the veil cannot be pierced on these principles alone. An area of development in current law however is piercing the corporate veil in the case of tortuous liability. The courts have held that in the case of personal injury, the veil of corporate personality may be lifted to attribute liability of a subsidiary company to the holding company.[15] Both the case of Lubbe and Connelly involved a cause of action which arose outside of the jurisdiction of the English Courts, but which was nonetheless heard in England because the interests of justice required it to be so. In both cases, it was found that the duty of care with respect to the health and safety of the employees extended to the parent company. In the case of Retirement Villas Ltd. therefore, these principles are analogous. Assuming that the elements of liability in tort are established, the courts will be willing to attribute liability for the defective construction of these houses to TLC. Despite the analogous principles between personal and commercial torts, the treatment of these issues in law is strikingly different. In the case of BBHs, this may arguably constitute a case of a commercial tort, as they are based on the negligent misstatements of Bradley in his capacity as director of TLC. In the case of Williams v Natural Life Health Foods, the House of Lords declined to pierce the corporate veil for a number of misstatements made by an employee to the claimant.[16] The House of Lords in this case stated that there would only be personal liability of a director or employee if the negligent misstatement had created reasonable reliance by the claimant on the assumption of personal liability by the director to create a special relationship. However, if the misstatements were made with the purposes of deceiving the claimant, then personal liability will ensue.[17] It stands to reason therefore that in order for Bradley to face personal liability for the claims made abo ut the BBH houses, it will need to be proven that either he intentionally deceived the claimants or that there was the creation of reasonable reliance according to the Williams principle.[18] There is no indication on the facts that Bradley took personal responsibility for the claims he made about the BBH houses and as such, it is unlikely that he will face personal liability for his negligent misstatements. In order to attribute liability to TLC for the commercial tort in this case, the principles established in Adams would need to apply. There is no indication on the facts that TLC would be liable on this principle as the misstatements made were by Bradley alone and there is no indication of a facade concealing the true facts creating fraudulent intent. Conclusion The potential legal issues facing TLC therefore seem to have a mixed result in terms of outcomes. It seems that with regards to the situation with Tony Leicester, they are able to remove him as a director and terminate his service contract. However with regards to changing the name of TLC, there will need to be an amendment of the articles of association to remove the requirement of unanimity between the shareholders. With regards to the potential liability for the negligent tortuous acts of the subsidiary companies, it is unlikely that Bradley or TLC will face liability for the BBH houses. TLC however will face liability for the personal injuries of the claimants against RVL, as there is significant precedent in the case of tortuous liability for personal injury and unfortunately for TLC, the health and safety standards creating a duty of care between the claimants and RVL is likely to extend to TLC as the parent company. This however assumes that the elements of tort required to es tablish liability are established by the claimants in the case. Bibliography Legislation Common Law Adams v Cape Industries plc [1990] Ch 433 Automatic Self-Cleaning Filter Syndicate Co Ltd v Cuninghame [1906] 2 Ch 34 Bratton Seymour Service Co Ltd v Oxborough [1992] BCLC 693 Connelly v RTZ Corporation plc [1997] UKHL 30 Daido Asia Japan Company Ltd v. Rothen [2001] EWHC Ch 163 Equitable Life Assurance Society v Hyman [2002] 1 AC 408 Imperial Hydropathetic Hotel Co, Blackpool v Hampson [1882] 23 Ch D 1 Lubbe v Cape Plc [2000] UKHL 41 Noel v Poland and another – [2001] All ER (D) 145 Quin Axtens Ltd v Salmon [1909] AC 442 Salomon v Salomon [1897] A.C. 22 at 51 Scott v Frank F Scott (London) Ltd [1940] Ch. 794 Williams v Natural Life Health Foods Ltd [1998] UKHL 17 Secondary Sources Blake Lapthorn Tarlo Lyons (2007) Directors Duties. [online] Available on: http://www.bllaw.co.uk/PDF/Corp_0308_Directors%20Duties%20website%2027-02-08.pdf [Accessed 3 March 2013] Drury, R. (1986) The Relative Nature of a Shareholder’s Right to Enforce the Company Contract. The Cambridge Law Journal, vol 45, issue 2, pp. 219 – 246 Sealy, L. Wothington. S. (2008) Cases Materials in Company Law. (9Ed) Oxford: Oxford University Press How to cite Company Law Problem Question, Essay examples

Friday, December 6, 2019

Betraying Trust or Providing Good Care free essay sample

As healthcare professionals, we must know that if confidentiality is breached, patients may be reluctant to disclose full information to any healthcare professional or even avoid seeking care. (Nathanson, 2000) â€Å"The deontological theory states that people should adhere to their obligations and duties when analyzing an ethical dilemma. (Rainbow, 2002) Therefore, a person who follows the deontology theory will produce very consistent decisions since they will be based on their set duties. Following the deontology theory, as healthcare providers, it is our obligation and duty to respect our patients enough to respect their right to confidentiality. Breaches of confidentiality breaks that level of trust and respect that healthcare professionals work so hard to gain, that after that is broken, and it’s extremely difficulty to rebuild that trust and respect. It is true that there are times as healthcare professionals that we are obligated by law to break confidentiality. In the story of the ER episode, Carol Hathaway has an obligation to notify the public health department of this situation, this is to protect the health of the community. We will write a custom essay sample on Betraying Trust or Providing Good Care? or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page (Nathanson, 2000) There are several consequences in the activities that these teen girls are participating in. If they continue to participate in these â€Å"sex parties† they put everyone involved at risk for HVP, cancer, and ultimately death if left untreated. If it is made aware to the school that these â€Å"sex parties† are happening, schools, healthcare professionals, and parents can get involved with educating these teens about these consequences. As stated in the article written by Nathanson, it does not have to be told where this information came from, and Carol could have been calling as a concerned citizen and doesn’t have to divulge her information as a health care provider. This is a great example of using the six step Uustal model. When applying this model in this situation, start with step 1: Identify the problem and gather all relevant information. In this ER episode two 14 year old girls are present, but they reveal to Carol about â€Å"sex parties† with multiple partners, which could involve several teenagers. Step 2: identify the type of ethical problems. As stated in step one it is extremely concerning to Carol that there are multiple partners and Carol has an emotional dilemma that there may be many other teens affected by some sort of sexually transmitted disease, whether it be the human papillomavirus or something else, all of the teens involved should be tested and treated. Step 3: use ethics theories or approaches to analyze the problem. As stated above, Carol may be guided by the deontology theory which states that people (such as nurses) should adhere to their obligations and duties when analyzing an ethical dilemma. Rainbow, 2002) Not only is it her duty to treat Andrea, but it is also her duty to ensure safety to the other teens that are possibly involved. Step 4 states explore the practical alternatives. Carol has made the decision on what she believes is the best thing to do for the group of teens. Carol must do this wisely though as to not break her confidentiality agreement to her patient. As stated above, when Carol dec ides to call the school, she should not reveal her identity or where she got the information from. She should call as a concerned citizen that has obtained this information and stated that maybe some education to these teens is necessary. Step 5 is to complete the action. Carol knows what she believes is right, now she must follow through and make the phone call. If Carol fails to act, these â€Å"sex parties† could continue to happen and there could be more and more serious cases of STD’s come into the ER, or worse, a teenager could never get checked until they have full-blown cancer and it could be too late to save them. Step 6 is to evaluate the process and outcome. Carol must now evaluate the situation and her actions and how they may directly affect her patient, Andrea. This is important in the way that she could negatively affect the nurse-patient relationship, depending on what decision she makes and how it is approached. (Purtilo, 2011) Carol could have presented the situation to the ethics committee. The ethics committee could have given insight to what the best thing to do in this situation was and what the best outcome would be. The ethics committee could have informed her that notifying the school would be breaking the patients’ rights, because they are not required to know. They could help Carol with understanding what would be the best way to approach the situation and how they could help Andrea be the one to tell her parents and go from there. This is a very difficult situation for a nurse to be in. She has many responsibilities and obligations and finding the right way to deal with the situation may be a challenge, but as a nurse she knows that she has to do what is best for everyone involved. Sometimes getting through to the patient is extremely difficult, but knowing the right