Wednesday, December 11, 2019

Australia Security Investigating Commissionâ€Myassignmenthelp.Com

Question: Discuss About The Australian Security And Investigating Commission? Answer: Introducation In the present case, there are certain issues cropped up regarding the dispute raised in the case of ASIC v. Cassimetis. The issues can be categorized as follows: The first issue is whether the directors of the alleged company had made breach against any provisions of the Corporation Act 2001 or not. The second issue is whether the Directors of the company, Mr. Mrs. Cassimetis had followed up every duty mentioned under the provision of the Corporation Act or not (Aroney et al 2015). In the case of the Cassimetis, certain provisions of the Corporation Act 2001 should be followed up. A brief Observation of the case reveals the fact that a serious breach has been done by the directors of the alleged company. Australian Securities and Investigation Commission have made an allegation against the acts of the company towards its shareholders and the following issues are cropped up thereby (Barnett 2017). Relevant laws: The core of the case is based on certain principles of the Corporation Act 2001. The applicability of the Act in the continents of Australia is wide in nature. Corporation Act is a general Act deals with the various aspects of the company related matters in Australia. Allegation that brought against the company enlightens the provision of the directors duty that is particularly mentioned in section 180 of the Act. The duties of the directors are mentioned under section 180 to section 184 of the Act. In this case, section 180 (1) will be applied (Berk et al 2013). It was contended in the case of Australian security and investigating Commission vs. Adler that the position of Corporation Act should rely upon certain sections that I deal with the director duty. The case is solely depend upon the provision of directors duties. Certain principles of Corporation Act was accepted in that case.The problem regarding the directors duties are a common problem in the societies of Australia. It should be kept in mind that Australia is a business country. Under the Corporation Act it has been stated that directors owe an important position in a company. It is there duty to maintain a professional atmosphere while performing their job. A director must make a bridge between the company and the shareholders (Blair 2015). It is stated under the provision of the Corporation Act that it director should show certain care and diligence to the shareholders.He must do his duties with good faith. However there are certain situations, where it can be seen that the directors are not maintaining that part of their duties. Section 180 subsection (1) it has been mentioned that directors should not misuse their post at any cost. It has also been mentioned that the directors should have to retain the prestige of their post. He is under the liability to devote his duties and responsibilities towards the interest of the company and he is also under the liability that he will not feather his own nest (Chia, Ramsay 2015). There are other sections under the financial Corporation accounting Act that are specifically deals with the matter of a director's obligations. Under section 184 of the said act it has been written that a director ought to remember that he is holding a prestigious post.He should not coerce any other person for attending his self interest (Coffee et al 2015). The provision of Corporation Act is widened in nature. In Australia it is very common that the directors from the financial sector are engaging themselves in a illegal way and try to Breach their duties regarding the same. there are a number of cases where the related the relatedmatters take place. In case of Australian security and investigating Commission vs FMG (2011) it has been observed by the learned Court that if there is an allegation against a director of a company that he has received the shareholders of the company for some illegal purposes that is related to his own interest then the provisions of section 1041H will be applied. It was held by the court that if the allocation was proved by evidences the director will be held guilty of the offence and he should be convicted under the section of 1041 eye of the Corporation Act 2001. However the nature of the penalties is civil. The court held that along with the civil penalties the director can be imposed with certain moneta ry penalties that are in engraved under section 674 sub section 2 of the said Act (Crane Matten 2016). The present case is solely based on the principle that is laid down under section 180 of the Corporation Act. It has been stated under the act that the rules and norms of the act is applicable upon any kind of directors of a company. There is no limitations of exceptions mentioned under the section. Are closed interpretation of the section stated that the rules of the section is also applicable on the sole directors of a company. The ultimate objective of section 180 of the actors that it is taking an attempt to secure the interest of the shareholders of a company as they are playing an important role in the economic benefit as well as the establishment of a company. Therefore it can be said that the shareholders are in wasting their money to buy the share of the company. These activity are supposed to give a strong support to the economic backbone of the company. Under the Australian law, it has been stated that the interest of the shareholders are not going to be excused at any cos t. The directors are under the application that the interest of the shareholders should not be diminished at any cost. It is also a duty of a director of a company that he must disclose all the essential documents that are related to the interest of the shareholders and should not hide any information from the shareholders so that their interests can be suffered by such things. It is a director's Duty 2 state about the risks of a financial sector so that the shareholders can understand the negative as well as the positive impact of the investing money (Dawkins 2014). The supreme court of Australia has passed a strict rule that is an allegation has been made against a director of a company that he does not this close all the facts and documents of the financial project and having the shareholders to invest in the project he should be guilty under the provision of section 180 of the Corporation Act 2001. It should be noted that the amount of loss is not get any importance in the non disclosure case. In Australian Security and Investigating Commission vs Hellicarors. (2012), it was stated that the provisions of section 180 of the Earth is not Limited up to the statutory duties of a director of a company and the nature of the position of the section is quite wide (Ferran Ho 2014). Application: All the relevant rules and laws mentioned under the Corporation Act will be applicable in the case of Cassimetes. The Australian security and investigating Commission had taken allegation against the company that the directors of the company coerce the shareholders and without abide by the rules of the Corporation Act he allowed all the shareholders to invest their money into the project that is particularly known as the storm project. It has been seen that the company was faced serious breakdown in the financial sector and all the money is invested by the shareholders were drowned. Certain contention has been made by the director of the company that the provision of section 180 of the Corporation Act will not be applicable in their case as they are the souled director of the company and under the provision of section 180 there is no Express provision where it has stated that the rules of section will be applicable on the soul directors. The Australian security and investigating Comm ission amazed that the director of the company has failed to perform his duties as per the provisions stated under the Corporation Act. It was also stated that the directors were coerce the money of the shareholders and without informing them about the risk of the project, collecting money from the investors and after the break down in the financial sector of the company, they had not made any attempt to investigate into the condition of the shareholders the money of the shareholders and without informing them about the risk of the project collecting money from the investors and after the break down in the financial sector of the company they had not made any attempt to investigate into the condition of the shareholders. Most of the shareholders where from middle class family and after their investments were faced a huge loss, then became insolvent. 48 can be stated that the directors of the company has not follow the rules of the Corporation Act and has failed to perform their duti es with due care and obligation (Ferrell Fraedrich 2015). Other hand It was also stated that a director who is holding a serious post in a financial corporation shoot state about the rest of the investment to the shareholders and if he failed to perform the shade duty in a proper way he shall be liable for the breach of Duty under section 180 of the Corporation Act. In ASIC vs FMG, the same principle was laid down. In ASIC vs McDonald (2009) it was stated that a director should disclose the relevant materials to the shareholders and the provision is mandatory in nature. Section 184 of the Corporation Act it has been stated that the director shoot from their duties in good faith but in this case it has been seen that the directors of the company has not made any attempt to secure the interest of the shareholders after the break down in the financial sector and for that reason the shareholders, who are from the middle class families, become insolvent due to the non professional action of the directors of the said company (Hargovan 2017). In this case the provision regarding the directors duties has been interpreted with certain jurisprudential mentality of the judge of the case. It was observed by the court that section 180 of the corporation of has taken an attempt to secure the interest of the shareholders of the company and it is restricting the directors to misuse the post or chair in certain illegal way. As per evidences given by the Australian securities investigating commission and the examination of the witnesses who are supported the evidences identified by the Australian security and investigating Commission, the court held that the directors of the strong company was liable under the section of 180 of the Corporation Act and had failed to perform their job properly and therefore the court at their judgement against the directors of the company. It is the ultimate duty of a director of a company to maintain a balance between the risk and the prosperity of the company, but in this case it has been seen that the directors of the company has failed to make the balance and after the break down in the financial sector they had not even perform their job in good faith (Hedges et al 2016). Therefore, from the following facts, it can be stated that the judgement made by the court as against the director of the company is justified and proper in nature and it is the duty of the director to maintain the rules provided under the corporation out and in case of any failure by the director of the company the provisions of section 180, section 182, section 183 and section 184 of the Corporation act will be applicable on them (Keane McKeown 2014). The case matter of part B is based on the rules of proprietary company. The company related matters in Australia is dealing by the several provisions of the Corporation Act 2001. In proprietary company the rules regarding the directors is regulated by the provision of section 201H of the Corporation Act. Under the proprietary company the common rules that every partner of the company has a right to be a director of the same and they can hold shares in that company either equally or as per decided by the directors of the company. The rules regarding the common activity of the company as well as the directors of the company are governed by the constitution of the same. A constitution is a book that consists of certain norms that are mandatory in nature and imposed on the each and every part and staff of the said company. In case of any changes into the profession of the Constitution of the company it is important to hold a resolution regarding the same and it is mentioned under the pro vision of Corporation Act, such resolution should be supported by 75% of votes. It should be kept in mind that in the voting arena, both the directors and the shareholders of the company has a right to take participation and in case the rule is avoided by any of the directors, they will be liable under the necessary profession of the Corporation Act (Laing, Douglas Watt 2015). The question is based on the appointment of the director of the proprietary company and the removal of the director from the post. Under section 201 age of the corporation at it has been mentioned that the appointment of the director in such proprietary company should be followed up with certain rules and one resolution process should be maintained regarding the same and it is a right of the Other directors who can appoint another director. In this case it has been observed that 4 siblings were formed the proprietary company and appointed themselves as the board of director of the shirt company. Under the section it has been mentioned that once a director is appointed certain rules should be maintained regarding the removal of such director from the post of directorship. It has been stated earlier that Australia is a business country and the provision regarding the company as well as the corporation of Australia the provision of the Corporation Act 2001 is applicable. It is a fact th at there are number of cases pending before the court regarding the breach of Duty by the director of the company as well as certain illegal steps taken by the director of the company that are unprofessional in nature and create serious impact on others. Therefore an initiative has been taken by the government of Australia to make the rules regarding the composition of the companies as well as the directors duties more stricter (Langford 2015). Regarding the removal of the director from the post it has been mentioned that rules contained under the constitution of the company should be followed up. In the given problem it has been observed that the company of the case has also a constitution and in the class 9 K of the constitution procedures for the removal of the directors from their post has been mentioned in a proper way. However one of the director of the company named Kanye has been removed from his post without following all the norms mentioned in the constitution. She was removed from his post by the other directors of the company. Under section 229H subsection (1) of the Corporation Act voting system should be held regarding the removal of the director and in that system but the shareholders and the directors will cast their vote against the director and before the voting program an extraordinary General Marketing should be held up. In case if the members of the company are agreed upon the fact that the director sho uld be removed from the post they will cast their votes and the decision of the boat shall be submitted to the alleged director in the form of a notice and as per section 249A of the Act, the notice should contained certain signature of the consenting parties. These rules should be followed irrespective of the constitution. In the present case it has been mentioned that the constitution allows all the directors of the company to continue the post until the winding up of the company. However rules stated under the constitution has not been maintained by the directors of the company in case of Kanye. Even there is no Express profession stated in the case law that all the others profession that is stated above has been maintained regarding his removal. Therefore the removed director has every right to take certain necessary steps against the other directors of the company for the illegal removal from the company. There is another rule proposed by the Australian securities and investiga ting Commission that Form No. 484 should be filled up properly regarding the removal of a director from his post. However in the present case, there is no mention about the form and therefore it can be stated that Kanye was removed from his post illegally (Langford, Ramsay Welsh 2015). The statement regarding the share of the removed directed in the company is also a serious concern in this case. As per the law regarding the proprietary company, every director has a right to hold certain shares in the company. It is there right to hold certain shares in the company and the right should not be snatched away from them if any of the directors were removed from his directorship. If an attempt has been made to deprive the removed director from the shares then it will be treated as legal and certain steps can be taken against the other directors. Section 196 of the Corporation Act 2001 deals with the directors interest over the share issue and in case of any violation regarding the rules the affected directors can take necessary steps as per the rules provided under the Corporation Act 2001 (Pearson 2016). In case of proprietary company also the directors duties should be maintained in a proper way. The directors of the proprietary company also held liable if there is any breach made in these duties. The position of section 180 of the Corporation Act is wide in nature and it has been mentioned under the provision that the director of a company should show reasonable care not only to the shareholders but also to other directors as well as the colleagues of the company. The directors of the proprietor company should be act in diligent while performing the job and they will be under an obligation of the necessary provision of the Corporation Act 2001. In a company is internal as well as external affairs directors are playing an important role and the fate of the company is very much reliable on the acts of the directors. A companys reputation is very much depending on the director and it is their utmost duty to perform their job in good faith. However, a laxity has been observed in this c ase two of the directors of the company have decided to open a new company without informing the other two of the directors. This act of the directors cannot be stated as a diligent act. Section 182 and section 183 of the corporation at will be applicable in this case (Rahim Alam 2014). Under section 182 of the corporation at it has been mentioned and clarified that a director should not misuse their post at any cost. It is also a duty of the directors that no Bridge has been made easy by them or by any of the director of the proprietary company. The directors are under an obligation not to act in such a way so that the interest of the company can be harmed. They should maintain the professionalism in the company and should disclose all the relevant documents and fax to the shareholders as well as the other directors of the company. However in this case there is a bridge has been made by the earliest directors as they had not involved other two directors into their plan and they had decided to incorporate another company that will be of similar in nature to that the present company. The Companies Act of Australia will restrict them regarding the opening of a similar company (Roach 2016). As per the contention made under section 183 of the Corporation Act, a director of a company is under a liability not to gain any legal advantage from the company. It is the duty to avoid such steps for the betterment of the future of the company and should not let them involved in such situation. India recent case it has been observed that the Provisions of Corporation Act has not been maintained properly and the alleged directors should be held liable under the necessary provision of the Corporation Act. It has also been stated under the Corporation Act that if allegation has been made against a director/ directors that he or they had breached the provision of the Corporation Act they shall be held liable and prosecuted under the section of 1317E of the Corporation Act (Sealy Worthington 2013). Reference: Aroney, N., Gerangelos, P., Murray, S., Stellios, J. (2015).The Constitution of the Commonwealth of Australia: History, Principle and Interpretation. Cambridge University Press. Barnett, H. (2017).Constitutional and administrative law. Taylor Francis. Berk, J., DeMarzo, P., Harford, J., Ford, G., Mollica, V., Finch, N. (2013).Fundamentals of corporate finance. Pearson Higher Education AU. Blair, M. M. (2015). 12. Boards of directors and corporate performance under a team production model.Research Handbook on Shareholder Power, 249. Chia, H. X., Ramsay, I. (2015). Section 1322 as a Response to the Complexity of the Corporations Act 2001 (Cth). Coffee Jr, J. C., Sale, H., Henderson, M. T. (2015). Securities regulation: Cases and materials. Crane, A., Matten, D. (2016). Business ethics: Managing corporate citizenship and sustainability in the age of globalization. Oxford University Press. Dawkins, Cedric E. "The principle of good faith: Toward substantive stakeholder engagement."Journal of Business Ethics121.2 (2014): 283-295. Ferran, E., Ho, L. C. (2014).Principles of corporate finance law. Oxford University Press. Ferrell, O. C., Fraedrich, J. (2015).Business ethics: Ethical decision making cases. Nelson Education. Hargovan, A. (2017). Corporate law: Judicial guidance on de facto director liability for insolvent trading.Governance Directions,69(2), 111. Hedges, J., Bird, H. L., Gilligan, G., Godwin, A., Ramsay, I. (2016). An Empirical Analysis of Public Enforcement of Directors Duties in Australia: Preliminary Findings. Keane, A., McKeown, P. (2014).The modern law of evidence. Oxford University Press, USA. Laing, G., Douglas, S., Watt, G. (2015). Aspects of Corporate Delegation, Reliance and Financial Reporting: Lessons from Australian Securities and Investments Commission v. Healey.Canberra L. Rev.,13, 16. Langford, R. T. (2015). Directors' Duties: Conflicts, Proactive Disclosure and S 181 of the Corporations Act. Langford, R. T., Ramsay, I., Welsh, M. A. (2015). The origins of company directors' statutory duty of care. Pearson, G. (2016). Failure in corporate governance: financial planning and greed.Handbook on Corporate Governance in Financial Institutions, 185. Rahim, M. M., Alam, S. (2014). Convergence of corporate social responsibility and corporate governance in weak economies: The case of Bangladesh.Journal of Business Ethics,121(4), 607-620. Roach, L. (2016).Company Law. Oxford University Press. Sealy, L., Worthington, S. (2013).Sealy Worthington's Cases and Materials in Company Law. Oxford University Press. Sime, S., Taylor, M. (2015).Company Law in Practice. Oxford University Press. Starbuck, William H. "Why corporate governance deserves serious and creative thought."The Academy of Management Perspectives28.1 (2014): 15-21. Tills, M., Wills, C. (2016). Corporate law: Directors found guilty of breaching duties following corporation's breaches.Governance Directions,68(10), 624. Tricker, R. B., Tricker, R. I. (2015).Corporate governance: Principles, policies, and practices. Oxford University Press, USA.

Tuesday, December 3, 2019

Marketing analysis

Victoria’s secret is one of the most popular and exclusive brand of lingerie, fragrances and beauty products in United States, Canada and other countries. Leslie Wexner the founder of Victoria Secret started this brand in 1982 by purchasing a small chain of lingerie products in San Francisco. He made the merchandize to look good and the products were easy to buy and made the environment look relaxed and attractive (Durbin 2002).Advertising We will write a custom essay sample on Marketing analysis – Victoria’s Secret specifically for you for only $16.05 $11/page Learn More Current Marketing Strategy Victoria’s Secret has implemented a 360 degree marketing strategy. 360 degree is basically creating an exclusive brand philosophy. It is more engaged into customer based media strategy (Gupta 2009). As the company is managing the retail outlets, the web stores and catalogues at the same time and fulfilling the customer’s need s at their best level. Leslie Wexner has made Victoria’s secret the top class brand throughout all channels, catalogues, stores and internet he always said â€Å"The same products are launched at the same time, in exactly the same way, with the same quality, and same positioning† (Durbin 2002). From the very first day the company has tried to have a full control on their distribution point. In addition to that Victoria’s Secret has divided their consumers from demographic point of view and they provide specific messages throughout the campaign with the help of emails. As mentioned by Weil â€Å"Our goal is to provide the same message to the same customer at the same time, For instance, a customer whose purchase history indicated a preference for swimwear would receive an e-mail promoting a swimsuit sale and would get the most recent swimwear catalogue† (Durbin 2002). Targeted Customers Victoria secret is basically targeting girls aged 13-29 years and wome n aged 30-50 years. Due to wide range of products whenever we think of Victoria’s secret the target market always vary with the age. As if the lady is a mother or grandmother of heavy weight she would obliviously go for the body products and fragrances. Where as a young girl or a mother who is in good shape will prefer Victoria’s secrets lingerie and swimwear. And their new brand Victoria’s Pink is basically targeting the young adults of high school and college. Products Victoria’s secret core products are women’s lingerie, sleep wear, swim wear, women’s clothing, women’s shoes, beauty products and fragrances (Victoria’s Secret 2010). Its expected products include a wide range of men’s undergarments. Price Pricing plays a significant role in the market mix as it basically helps to generate revenues. Victoria’s Secret is an inspirational brand and is known for its premium pricing strategy.Advertising Looking f or essay on business economics? Let's see if we can help you! Get your first paper with 15% OFF Learn More Placement Its distribution system includes Victoria secrets apparel outlets which are more than 1000 worldwide, and then they are selling the products through Victoria’s secret catalogues and through internet. They are also using the multi channel synergy (Durbin 2002). Promotion One of Victoria’s secret strength is its highly flourished advertising campaign. They are targeting their customers through really bold and attractive advertisements, through printed ads in magazines and newspapers, its targeted magazines are Allure, In Style, Glamour and Cosmopolitan. They are also doing marketing through television and internet, their catalogues which are highly creative and through yearly fashion shows (Chang 2004). Victoria’s secret has the utmost brand loyalty providing prestige products to their customers who are mainly influenced by its style (Durb in 2002). Victoria’s Secret products are always symbolizing fantasy, fun, passion and love all in one. The consumers really fall in love with its products. And that is the best message they are conveying to their consumers. List of References Chang, C. C., 2004. The Silky Strategy of Victoria’s Secret. Case Study. Burbank CA: R. Preseton McAfee. Durbin, T., 2002. Victoria’s Secret. Case study. Dartmouth: Tuck School of Business at Dartmouth. Gupta, S. D., 2009. 360 degree Mareting. Web. Victoria’s Secret, 2010. Victoria’s Secret. Web.Advertising We will write a custom essay sample on Marketing analysis – Victoria’s Secret specifically for you for only $16.05 $11/page Learn More This essay on Marketing analysis – Victoria’s Secret was written and submitted by user Isabela Blackwell to help you with your own studies. You are free to use it for research and reference purposes in order to write your own paper; however, you must cite it accordingly. You can donate your paper here.

Saturday, November 23, 2019

Spanking Gone Wrong Essay Example

Spanking Gone Wrong Essay Example Spanking Gone Wrong Paper Spanking Gone Wrong Paper wooden paddles, belts, sticks, pins, or others), painful body postures (such as placing in closed spaces), use of electric shock, use of excessive exercise drills, or prevention of urine or stool elimination (Par. 2). Its obvious that there is a variance between what people think is correct terminology when it comes to spanking. Its vital to step back when a situation is escalating to a point of no return in order to give the thinking part of your brain time to catch up with your emotions (Callaghan 142). Its easy to let patience run thin and get frustrated, but this leads to thoughts without actions and thats not okay. Also for some parents a spank isnt enough. Teaching them a lesson shouldnt be hitting a hill so hard it leaves bruises or marks. It may be disturbing but some parents go as far as holding a kid up by their shirt against a door, pulling them up by their hair, and even do exercises such as lifting heavy weights till their almost crushed. It doesnt stop at go to bed without dinner, wash your mouth out, taking away a toy, or locking a child in their room, it can go to the point of abuse. Some moms whove spanked their children agreenot necessarily that spanking was bad for their kids, but that it was bad for them and how they wanted to relate to their kids (Callaghan 132). Being left with regret, in fact, is going too far. Thoughts of l didnt mean it or l should of shouldnt cross your mind when disciplining a child. Its important to treat a child how you want to be treated and teach them lessons for the life ahead of them. When a child is left with a memory of l remember how I was disciplined it should be a lesson learned, not one of hurt. That means it went too far. Spanking also can leave long lasting effects on a child, whether its physical, emotional, or mental. Corporal punishment may succeed in temporarily controlling a childs behaviors. The trouble is the children may suffer from low self-esteem and depression, become overly aggressive, and exhibit antisocial behavior later as a result (Mitchell 25). Parents may think their child wont remember because they are little but thats not always the case. In teaching children to love and in truly loving them, we are called to demand more of ourselves and them (Clarke 23). Think about it, the early childhood years are when kids learn the most. Every parent wants their child to love and be loved. Children shouldnt be scared of making mistakes; they should strive and be exactly who they are. The fear of a spank and corporal punishment can scare a child into a shell they never come out of. Additionally, the spank does travel, and chances are kids will discipline their kids the way they were disciplined. A study by Childrens Voice Magazine says the more corporal punishment, the greater the chance the child is going to be higher than normal in physical aggressiveness, (Mitchell 25). This Just doesnt mean their attitude but further actions such as getting into trouble at school, theft, vandalism, and even delinquency. So whats going to keep them from not hitting their children later in life? Corporal punishment weakens the bond between child and parent it chips away at the bond, particularly if its repeated a number of times. This is a problem for parents who want to be close to their kids and who want their kids to be close to when someone is blessed with a child is that they have received them, they dont have them. No human was born with their children already handed to them at birth. It took time to understand life finding out whom to become, being raised. The way someone raised them was the key, a bond that no one could take away. It shouldnt tater they way someone was conceived, if they were an accident, or planned years in advance, whether they were born into poverty, or a rich lifestyle, to a single mom, a broken home, or even not with their original parents, all these scenarios are still a family. It all depends on how you look at it and its why being raised the right way is a big deal. Spanking takes away the moments of learning and dedication to a family bond. It goes too far sometimes leaving a scar on a relationship with someone that can never be repaired. Hitting a boss, spouse, or parent isnt okay so why hit a child? Devastatingly, sometimes spanking doesnt even stop in the household. The prevalence of corporal punishment of children in schools remains high in the United States and remains one of the few industrialized countries allowing corporal punishment in 30 states (Greensand par. 3). With that statistic, more than half of United States schools are still allowing children to be punished physically. Greensand says the top states for children being hit were Mississippi, Arkansas, and Alabama (par. 3). Its prevalent that the southern United States is allowing the smacks. According to the Office of Civil Rights (2007), school officials, including searchers, administered corporal punishment to 223,190 school children across the nation during the 2006-2007 school year (Greensand par. 3). Shouldnt it be up to the parents how they discipline? If a child lives in the south and goes to a school where corporal punishment is k and then goes home to a house where its okay as well, where does the hitting for making a mistake stop? Medical complications may prevent students from returning to school for days, weeks, or even longer. Reported medical findings include abrasions, severe muscle injury, extensive hemostat, whiplash damage, life-threatening fat hemorrhage, and others (including death! ) (Greensand par. 6). Children are supposed to go to school to learn, giving them injury for their action is not learning. Thats why spanking has to stop. Whether its at home or even worse to think, at school, its leaving long lasting life effects. Its like theirs no escape for a mistake Spanking has also been proven not to work any better than saying no to a child and theirs research to back it up. The recidivism rate for misbehaver by a 2-year-old is about 50% within two hours. Its 80% within the name day. And that applies to whether its Just saying no, removing the child, or spanking a child Mitchell said (25). Children are going to cry, pout, scream, etc. O matter what form of punishment you ensue and chances are they will be back doing it eventually. They might do it again the same day, week, or even month but learning their lesson doesnt always happen the first time. Spanking is like giving punishment without a reason why. If emotions get a chance to calm themselves, with time, parents can talk things out and a lesson has a chance of being learned better then in whapping screaming match. Mitchell a dded, It doesnt take a whole new parent to avoid corporal punishment. Parents are doing dozens and dozens of things besides spanking, even parents who are doing some spanking. If they Just left out the spanking, theyd be doing the alternatives, and their child would be better off (25). A ideas. It may sound cheesy but putting yourself in the childs shoes can be the best thing when it comes between whats right and wrong. Its always best to start from the beginning when having a child, but its never too late to start changing ways. Dry. Esther K. Chunk, a primary investigator, said the findings on the spanking studies suggest that physicians should want to consider addressing the issues of spanking and corporal punishment during routine infant visits, rather than waiting until the toddler years (Bates 25). Basically, what this means is doctors and physicians are questioning whether its right or wrong to question a parent on their discipline and when. If more parents knew the fact of what spanking and corporal punishment could bring so much could change. A lot of parents dont know another way out and thats what the problem boils down to. Theres always another option. Surprisingly, its also been on debate whether corporal punishment is legal or not. Article 19 of the Convention on the Rights of the Child requires states to take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child Said the Committee of European Ministers (peg. 29 par. 2). What this is saying is that spanking may be the next big no-no soon enough. If spanking is violating someone, a child at that, saying no to a child is the best thing to do over a spank. Just saying the word no may take a while but a spanking wont always lead to a solution, it more like the easy way out. Overall, Just once sparing the hand can make a difference. Its important to take some time out to be the best parent possible and remember its never too late to change. Spanking can lead to going too far, long lasting effects, and doesnt work any better than a typical no. A study by U. S. Catholic seed Creating a home environment free from violence will help create a world free from violence (Mitchell 23).

Thursday, November 21, 2019

Interprofessional team working in healthcare delivery Essay - 1

Interprofessional team working in healthcare delivery - Essay Example Mutual team work and collaborative care have rapidly improved the health care operations and service delivery in many health care centers (Barrett and keeping, 2005, p. 40). Inter-professional team work is very effective in improving the patient health safety and heath care services (Barrett and keeping, 2005, p. 40). Inter-professional team work has reduced the backlog and burn out associated with inadequate health professionals (Barrett and keeping, 2005, p. 40). Inter-professional team work is also responsible of reducing the professional workloads and patient morbidity (Department of health 2010, p. 324). With effective inter-professional team work in health care institutions, health care professionals enjoy job satisfaction. Patient and patient caretakers need to be involved squarely in the treatment process (Zwarenstein 2008, p. 67). Their ideas and opinions are excitedly valuable and relevant in the diagnosis and treatment process (Barrett and keeping, 2005, p. 40). The core purpose of selecting the Tom case is to expound on the dangers associated with lack of inter-professional team work in the healthcare setting. The case portrays some of the very sensitive ethical and legal issues which should be the base line in designing professional legislations and policies (Cohen 2007, 340). The 20 years old Tom died out of aspiration pneumonia and reflux oesophagistis. The disease was diagnosed long time ago and measures to rectify the problem recommended. The entire concerned professionals in the hospital were not committed and willing to take prompt actions on the Toms’ health condition .The parent (Tom’s parents) concern over Tom’s pain was not listened to by the relevant health professionals. Tom was also infected with multiple learning disabilities which forced him to attend a special school. In the school, the parents raised concern over their child future but no action was taken by the school administration. The reluctance of the health professionals and the school to cooperate with Tom’s parent raised some ethical and legal issues. Ethical and Legal Issues There are several health ethical principles that are relevant in Tom’s case (Glasby 2007, p. 78). To start with, the main obligation of the health care professionals in Tom’s case was purely to protect his health and life (Prescott 2006, p 90). In this case, the hospital professionals never complied with their core obligation. According to the Department of health (2006, p. 69), under this ethical principle, the health profes

Wednesday, November 20, 2019

Law and the Media Essay Example | Topics and Well Written Essays - 2000 words

Law and the Media - Essay Example Cultural lag is getting shorter and shorter and the body of law has to adopt the pace so defined. This aspect is much more prominent in case of media where this pace can even be seen with the naked eyes. Media in the world has grown into an established economy in past few decades with its revenues becoming more than many nation states. Laws in this regard are also adopted and changed regularly to meet the complexities emerging in every day life. Enactments by the legislature, rules and regulations by respective departments and legal precedents are important factors in such changes. In the recent case of Fisher (original respondent and cress appellant) vs. Broker and other (original Appellants and cross-respondent) contractual obligations arising out of copyright and royalty agreements - both in express and implied terms- have been dealt in length and this case has given new dimensions to media law. In the below discussion we will discuss the details of the case in detail while lookin g at its implication for the media law. This case is about the copyrights and ownership of an all times hit song which was recorded in year 1967 by a band Procol Harum comprising of respondents of the appeal. Methew Fisher, plaintiff of the case joined the band soon after the first recording of the song, but the recording contract was agreed after inclusion of plaintiff in the band as organist. Plaintiff had contributed to the song by introducing a composition of organ solo at the start of the song which acted as counter melody through out the song. During the proceedings of the suit judge rated the contribution of the plaintiff as 40% of the total work. Before inclusion of plaintiff into the band, respondents, Mr. Brooker and Mr. Reid had entered into a contract of copyrights with Essex for the royalty of the song. It is observed that initial recording was made before the joining of

Sunday, November 17, 2019

Osmosis and Diffusion Essay Example for Free

Osmosis and Diffusion Essay The basic principles of Osmosis and Diffusion were tested and examined in this lab. We examined the percent increase of mass and molarity of different concentrations of sucrose in the dialysis bag emerged in distilled water and the potato cores emerged in concentrations of sucrose. The data reinforces the principles of Osmosis and Diffusion, and in a biological context, we can simulate how water and particles move in and out of our own cells. Introduction Objective: 1. Investigate the process of osmosis and diffusion in a model of a membrane system. 2. Investigate the effect of solute concentration on water potential as it relates to living plant tissue. Background Information: Molecules are in constant motion; they tend to move from areas of high concentration, to areas of low concentration. This broad principle is divided into two categories: diffusion and osmosis. Diffusion is the random movement of molecules from an area of higher concentration to an area of lower concentration. This is considered a passive form of transportation because it does not require any additional energy to transport the molecules. In the body, carbon dioxide and oxygen can diffuse across cell membranes. Osmosis is a special type of diffusion where water moves through a selectively permeable membrane from a region of higher water potential to a region of lower water potential. In our body, water diffuses across cell membranes through osmosis. Water potential is the measure of free energy of water in a solution and is shown with the use of the symbol ÃŽ ¨. Water potential is affected by two factors: osmotic potential (ÃŽ ¨Ãâ‚¬) and pressure potential (ÃŽ ¨p). Osmotic potential is dependent on the solute concentration, and pressure potential which is the energy that forms from exertion of pressure either positive or negative on a solution. The equation to find the sum of water potential is: Water Potential = Pressure Potential + Osmotic Potential ÃŽ ¨w = ÃŽ ¨p + ÃŽ ¨Ãâ‚¬ The purpose of this lab is to observe the physical effects of osmosis and diffusion and to determine if it actually takes place. We hypothesize that, because molecules diffuse down a concentration gradient, the mass of the dialysis tubes will increase, and we believe that as the molarity increases, the percent of change in mass will also increase. Hypothesis: Diffusion and osmosis will occur until dynamic equilibrium is reached. As the sucrose concentration of the solution increases so will the mass. Materials Exercise 1: 1. 6 strips of dialysis tubing 2. Distilled water 15-20ml 3. 0.4 M sucrose 15-20ml 4. 0.8 M sucrose 15-20ml 5. 0.2 M sucrose 15-20ml 6. 0.6 M sucrose 15-20ml 7. 1.0 M sucrose 15-20ml 8. 6 Beakers Exercise 2: 1. 100ml of distilled water 2. 100ml of 0.4 M sucrose 3. 100ml of 0.8 M sucrose 4. 100ml of 0.2 M sucrose 5. 100ml of 0.6 M sucrose 6. 100ml of 1.0 M sucrose 7. 6 Beakers 8. Potato slices (4 for each solution) 9. Scale 10. Plastic wrap 11. Thermometer Methods Exercise 1: 1. Obtain 6 strips of dialysis tubing and tie a knot in one end of each. 2. Pour approximately 15-20ml of each of the following solutions into separate bags. 3. Remove most of the air from the bag and tie the baggie. 4. Rinse the baggie carefully in distilled water to remove any sucrose that may have spilled and carefully blot. 5. Record the mass of each baggie and record. 6. Fill six 250ml beakers 2/3 full with distilled water and place a bag in each of them. Make sure that you record which baggie is which. 7. Let the bag sit for 20-30 minutes. 8. After 20-30 minutes, remove baggies from the water, and carefully blot dry. 9. Measure the mass of each baggie and record. Exercise 2: 1. Pour 100ml of your assigned solution into a beaker. Slice a potato into 4 equal lengths about the shape of French fries or tubes. 2. Determine the mass of the 4 potato cylinders together and record. 3. Place the cylinders into the beaker with your assigned solutions and cover with plastic wrap. Leave overnight. 4. Remove the cylinders from the beakers and carefully dry them. Record the room temperature in Celsius. 5. Determine the mass of the 4 potato cylinders together and record. From these results, it can be concluded that the hypothesis is justified and correct. The data shows that the mass increased as the concentration of the sucrose solution increased. Osmosis is clearly being replicated in the physical form. Analysis Change in mass depends on the concentration of sucrose within the dialysis bags. If the concentration of sucrose is greater inside the bag than outside, then water will move into the bag. If the concentration of sucrose is lower inside the bag than outside, then water will move out of the bag. These two things are directly proportional. As the mass increases, so does the molarity. These are inversely proportional because whenever the sucrose molarity inside the bag is more concentrated, it will become more dilute and vise versa. The solutions will reach equilibrium somewhere between the two concentrations. The hypothesis is accepted based on the data that was obtained because as the sucrose concentration increased so did the final mass of the solutions. One possible source of error could be the tightness of the string that tied off the dialysis tubing. If there was a leak or a break in the dialysis tubing, all of the data would be off. Another possible source of error could be that the students did not pat dry the potato sample well enough causing drops to be left on the electronic balance, tarring it incorrectly, causing all other data to be off slightly. Simple mathematical errors always occur, so there is always room for simple algebraic mistakes in this section of the lab. Conclusion The purpose of this lab was to describe the physical mechanism of osmosis and diffusion and describe how molar concentration affects diffusion. We have  now observed how solutions diffuse in different situations, always from a high concentration to a low concentration, and how molar concentration affect diffusion, as the molarity goes up, more solution is diffused. We hypothesized that because molecules diffuse down a concentration gradient, the mass of the dialysis tubes will increase, and also that as the molarity increases, the percent of change in mass will also increase. Our data did support our conclusion. Exercise 1 proved that water moves across the selectively permeable membrane of the dialysis tubing much easier than sucrose sugar does. The water moved to reach equilibrium between the solutions. Sucrose must be too large a molecule to pass through the membrane quickly. Exercise 2 showed that the potato samples took in water when immersed in a distilled water solution. Potatoes must contain sucrose molecules due to the conclusion of this lab because the potatoes take in water in the distilled water beaker. Potatoes had a lower water potential and higher solute potential than the distilled water. It is just the opposite inside the beaker. Works Cited â€Å"PHSchool – The Biology Place.† Prentice Hall Bridge Page. Pearson Education, June 2007. Web. 12 Sept.2011. Moulton, Glen E. â€Å"Cell Theory, Form, and Function: Fluid Mosaic Model of Membrane Structure and Function — Infoplease.com.† Infoplease: Encyclopedia, Almanac, Atlas, Biographies, Dictionary, Thesaurus. Free Online Reference, Research Homework Help. — Infoplease.com. Web. 14 Sept. 2011. http://www.infoplease.com/cig/biology/fluid-mosaic Bowen, R. (2000, July 2). Osmosis. Retrieved February 14, 2009, from http://www.vivo.colostate.edu/hbooks/cmb/cells/pmemb/osmosis.html Sheppard, T. (2004). Diffusion and Osmosis. Retrieved February 14, 2009, from http://www.blobs.org/science/article.php?article=20 Campbell, N. A., Reece, J. B. (2005). Biology (7th ed.). New York: Pearson Education Inc.