Monday, September 23, 2019
Narrative agrument Essay Example | Topics and Well Written Essays - 1250 words
Narrative agrument - Essay Example Not only was he affected, our entire family unit was disturbed due to the strong mark that was left on him by the bullying activities. Bullying is an act which still persists in the educational institutions across the United States and this problem should be dealt with because of the negative effects associated with it. My brother was a very bright student in his class and he was an active participant in the activities of his class. He was slightly overweight as well as short which made him different from the other students in the class. He was a young child and his physical appearance did not make a difference to him and he concentrated greatly on his studies and thus he did extremely well in his academics. But things took a different turn when he came into the notice of a group of senior students who always looked for an opportunity to bully other students. It all started when we had to move to a different locality and thus we had to change my brotherââ¬â¢s school van. The group of bullies travelled in the same van. Things were normal in the beginning but after a few days the bullies had found their new target who was my younger brother. The bullies gave my brother a very difficult time and by the time we found this out, my brother had already suffered a lot. Initially, they just called him with names and would pass derogatory remarks when they saw him. As they were all older than him, he was scared and did not retaliate. The verbal abuse was not limited to the van but they started doing the same during the school breaks. They would follow him around and pass comments on his physical appearance. Seeing that he could not answer back, they started annoying him even more. Following this, they would keep things on his seat so that he could not sit. They also snatched his lunch during the lunch break. One day, when my brother was angry and yelled back at them, the boys gathered and pushed him. This became a regular activity after this. They hit him with differe nt things and they called him with different names. Despite of this torture that my brother was going through, he never informed us regarding these things. The issue came to our notice when things became really worse and my brother had suffered a lot of physical and mental stress. He avoided going to school and did not eat. He told my mother that he did not want to eat as he was fat. Apart from this, his grades also started declining. He stayed quiet and did not talk much. It was then that my parents took him to a doctor and he was diagnosed with anorexia at such an early age. As I was very close to him, I started discussing his issues and he finally told me about what he was going through. We approached the school authorities and kept the matter in front of them. They took a strong notice against the bullies. My brother had to go through a lot and it took him years to recover from the mental torture. He lost weight and he was not interested in studying anymore. Our entire family wa s greatly disturbed because of him. It was with great efforts and care that we were able to bring him back after a period of two years. His sufferings could have been prevented if he had informed us before or if the school authorities had kept a strong check on such activities. Bullying is a widespread problem in the educational institutions in the United States and it has been seen that out of every four students in the schools in the United St
Sunday, September 22, 2019
King Hussein bin Talal Essay Example for Free
King Hussein bin Talal Essay Many individuals desire power to create change and leave a mark in history. Though some were successful in achieving this, many were left to do their part and contribute to the betterment of many. One man was able to do this and create his own legacy; an unending desire to develop and create his lasting marks both in the Muslim and Western world. This man, a born leader and dreamer, is King Hussein bin Talal of Jordan. Born in November 14, 1935 from Prince Talal bin Abdullah and Princess Zein al-Sharaf bint Jamil, the young King Hussein possessed the leadership and skill that can surpass his father (King Hussein. gov, 2006). Along with his two siblings, King Hussein lived a happy life full of luxuries and on one day creating a legacy of his own in Jordan. Since the Muslim believed in the traditional transfer of power to the direct descendants of Mohammed, he was being groomed to assume the throne as the forty second generation descendant, when the time comes (American-Israeli Cooperative Enterprise, 2009). At such a young age, then Prince Hussein saw the violence of the world when an assassination attempt took his grandfatherââ¬â¢s life (King Abdullah). There was a story wherein Prince Hussein was saved from the assassination because of the medal his grandfather gave him wherein in the future he forever cherished the most (American-Israeli Cooperative Enterprise, 2009). Due to this sudden turn of events, Prince Husseinââ¬â¢s father, King Talal assumed the throne. However his reign was not going to last for long because of an illness. During his fatherââ¬â¢s reign, Prince Hussein dedicated his life in the study of politics, law and proved to be a scholar in different areas. He devoted his lifetime towards the pursuit of information and new ideas. His mind was very open to changes and dreamed to improve the welfare of his country (King Hussein. gov, 2006). Not long shall he realize that he will assume the throne of his father and become one of the most prominent figures in the Muslim world. King Husseinââ¬â¢s formal accession to the throne came in two years after his father was proven to mentally incapacitated and unable to lead. Seeing this, formal procedures were made to appoint the next successor and deal with the current issues surrounding Jordan during that time. ââ¬Å"A Regency Council was appointed until King Husseinââ¬â¢s formal accession to the throne on May 2, 1953, when he assumed his constitutional powers after reaching the age of eighteen, according to the Islamic calendarâ⬠(American-Israeli Cooperative Enterprise, 2009, p. 1). At a young age of 18, the new King Hussein was a vibrant and energetic fellow. However, his reign was immediately put to the test with the recent challenges and hurdles impeding Jordanââ¬â¢s growth. There were issues of poverty and unemployment in the country. He needed to enact changes immediately to help and sustain the growth of the state and improve the welfare of his countrymen. With this, he primarily focused his ideas and interests in creating and developing the economy and its key industries. He looked into what can make the country benefit more and sought to improve and intensify them with the incorporation of technology during that time. He believed that by devoting his time on this, he can have a competitive advantage over other states. Among these vital sectors include (1) phosphate, (2) potash and (3) cement (King Hussein. org, 2006). Also, King Hussein understood that for trade to increase and develop there must be an available path to vital locations and commercial areas. That is why another of his first projects included linking the many cities of Jordan using an effective highway system. This was a good strategy for the Kingdom because it enabled mobilization and easier access for communication, goods and trade. At this rate, he knew that after a while, changes will start to manifest and help develop the country towards its desired objectives. With his interest in implementing change, many developments have been seen even in the first five years of his reign. Overall, he proved to be a mover towards growth and a powerhouse in giving out what needs to be done. It is reported that during 1950, only 10% of Jordanians have access to clean water, however this has gone up to 99% during his reign as king (King Hussein. org, 2006). Though his interests were focused on the development of the economy, King Hussein never neglected the needs of his people. He believed that the Jordanians are a huge asset towards growth and improvement (American-Israeli Cooperative Enterprise, 2009). That is why he also pursued to develop Jordanââ¬â¢s healthcare system and administered cheap but effective treatment to those who need it most. ââ¬Å"UNICEF statistics show that between 1981 and 1991, Jordan achieved the worldââ¬â¢s fastest annual rate of decline in infant mortality -from 70 deaths per 1000 births in 1981 to 37 per 1000 in 1991, a fall of over 47%â⬠(American-Israeli Cooperative Enterprise, 2009, p. 1). In foreign policy and international relations, King Hussein has always been considered a pacifist. He never wanted to engage in conflict with other states and sought ways to deepen and enhance relationships especially among Muslim countries. In his 45 years of reign as king, he was one of the promoters of implementing peace in the Middle East. He operated and cooperated with the rules and tenets of international organizations such as the United Nations and used it as a model to denounce conflict and war (King Hussein. org, 2006). This was particularly evident as he was a mediator in many conflicts such as the Madrid Peace Conference, the 1994 Peace Treaty, and the 1990-1991 Gulf Crisis (King Hussein. org, 2006). This is important to point out because he wanted peace and tolerance among states either in political and religious affairs. It is through this belief that he modeled his country to be and advocate liberty, human rights and equality among all citizens. With this move, he next sought to democratize the country by offering his power towards citizens via parliamentary elections. It is in here that he amended the Jordanian constitution and sought to include tenets of liberal democratization and political pluralism during the 90ââ¬â¢s (American-Israeli Cooperative Enterprise, 2009). As far as his personal life is concerned, he had a happy family. He is married to Queen Noor on June 15, 1978 and had 12 children from three different wives. During his past time, away from politics and international relations, he focused his attention on sports such as racing, motorcycles and aviation (King Hussein. org, 2006). At the same time, this did not stop him from writing and he was able to publish three books which are ââ¬Å"Uneasy Lies the Head (1962), about his childhood and early years as king, My War With Israel (1969), and Mon Metier de Roiâ⬠(American-Israeli Cooperative Enterprise, 2009). However, later in his life, King Hussein has been suffering from different ailments. ââ¬Å"He had surgery for a cancerous kidney in 1992, and had six months of chemotherapy for non-Hodgkins lymphoma at the Mayo Clinic in 1998â⬠(American-Israeli Cooperative Enterprise, 2009). The world was shocked when they found out that he died of cancer. Though he did leave Jordan grieving, he left yet another contribution that forever shall be remembered and cherished. ââ¬Å"King Husseins directive to provide Internet access for every Jordanian school highlights yet another aspect of his enduring legacyâ⬠(King Hussein. org, 2006). In the end, King Hussein exemplified what really is to be a leader. His grasp of power was used to move not only his country but the world forward. His contributions enveloped change and made his nation prosper. It is wise therefore that his name Al-Malik Al-Insan (ââ¬Å"The Humane Kingâ⬠) be bequeathed accordingly and be recognized as one of the captivating leaders of modern times. Reference American-Isreali Cooperative Enterprise (2009) King Hussein bin Talal in Jewish Virtual Library. Retrieved March 5, 2009 from, http://www. jewishvirtuallibrary. org/jsource/biography/Hussein. html King Hussein. org (2006) Biography. Retrieved March 5, 2009 from, http://www. kinghussein. gov. jo/biography. html
Saturday, September 21, 2019
Importance Of Teacher Student Interaction
Importance Of Teacher Student Interaction Teachers who have positive interaction with their students create classroom environments more helpful to learning and meet students developmental, emotional and educational needs. Teaching is a people profession that demands a large amount of time being dedicated to personal interaction. Positive teacher-student interaction has a very crucial role for effective teaching and learning to take place (Arthur, Gordon, Butterfield, 2003). There are many important factors including productive Teaching and learning. Positive teacher-student interaction can be defined by shared acceptance, understanding, affection, intimacy, trust, respect, care and cooperation (Krause, Bochner, Duchesne, 2006). The Teacher Student relationship depends on very large extent upon effort from both parties although the teacher plays a key role and in fact, the responsibility, to initiate positive interaction. The teacher who is practical in representation, recognition, understanding, intimacy, expectation, respect, care and cooperation towards his or her students not only works at initiating positive teacher-student relationships, but also increases the likelihood of building strong rela tionships that will endure over time (Barry King, 1993). Teacher-student interaction is important for many reasons. Teacher student interaction is highly influence a students skill to change to University, to do well at University, and to relate to peers (Pianta, 1999). Teachers who had positive and secure relationships with students reported that their students were less likely to stay away from school, appeared more independent, more supportive, and busy in learning (Birch Ladd, 1997; Klem Connell, 2004). Teacher-student Interaction has an impact on classroom management and affects learning and growth. According to developmental perspective, the establishment of a positive teacher-student relationship aids a students cognitive, social and emotional growth and enhances their mental well-being (Brazelton Greenspan, 2000). The teacher-student relationships impact productively on a students self-esteem and enhance their skills. Student-Teacher interactions are very important for the development of the students academic self-concept and enhancing their enthusiasm and success. Colleges and universities that actively promote close and frequent contact between their students and faculty members are more likely to reap a host of benefits from such initiatives. Faculty members taking an interest in their students academic progress could potentially make significant contributions in increasing their intellectual and professional development (Anaya Cole, 2001; Chickering, 1969; Chickering Reisser, 1993; Cokley, 2000; Terenzini Pascarella, 1980). There is evidence that students successful in knowing even one faculty member closely are likely to feel more satisfied with their college life and aspire to go further in their careers (Rosenthal et al., 2000). Although most interactions with faculty tend to occur w ithin the formal classroom setting, students who experience informal interactions tend to be more motivated, engaged, and actively involved in the learning process (Thompson, 2001; Woodside, Wong, Weist, 1999). Informal interaction between students and faculty has been identified as a primary agent of college culture, and has an important influence on the attitudes, interests, and values of college students (Chickering Reisser, 1993; Lambert, Terinzini, Lattuca, 2007; Pascarella, 1980b; Pascarella Terenzini, 1991, 2005; Thompson, 2001). However, although previous research has established that student-faculty interactions are important, we still need to identify which aspects of student-faculty interactions are helpful and how these could significantly influence students to stay in college, increase their desire to work hard, stimulate them to enjoy learning, and encourage them to strive toward high achievement standards (Bean,1985). The current study addresses this gap in the li terature by examining eight specific types of student-faculty interactions as predictors of academic self-concept and three types of academic motivation, as well as academic achievement in a sample of college students from a medium-sized, public university located in the Midwestern United States. Interactions between students and faculty members are inevitable and personal connections that emerge through advisement and mentoring are highly valued (Light, 2001). In responding to several implicit, unspoken, and nonverbal cues, students are more likely to interact with faculty members perceived to be sociable, intelligent, showing leadership, supportive, and objective (Babad, Avni-Babad, Rosenthal, 2003; Furnham Chamorro-Premuzic, 2005). Faculty members allowing students to use their first names are perceived as higher in warmth, approachability, and respect in comparison to faculty members who are addressed by formal titles (McDowell Westman, 2005). Student-faculty interactions can be formal or informal, occurring either inside or outside instructional settings, with both playing an important role in determining students academic success (Jacobi, 1991). The most frequent type of contact that students have with faculty members typically include situations in which they are asking for information about a course or visiting after class (Kuh Hu, 2001). Faculty-student interactions could take on a more intense flavor in a tutorialstyle classroom, where a faculty member may meet with two students at a time for an hour, eventually interacting closely with about five such pairs of students per week (Smallwood, 2002). Such close, intense, interaction seems to enhance student learning and intellectual stimulation, with both students and faculty valuing the opportunity to know each other at an informal and personal level. Cox and Orehovec (2007) identified four major types of student-faculty interactions with the most important, functional interaction, referring to academic-related interactions outside the classroom. The other three types include personal interactions about some personal issues unrelated to academics, incidental contact maintained by occasional greetings, and finally disengagement, where there is minimal interaction with the faculty member inside the classroom and little or no interpersonal exchange. Even though faculty members may not always be aware of i t, their interactions can have a far-reaching influence on their students. Faculty member-student relations are a strong motivator and indicator of learning (Christensen Menzel, 1998). In particular, Decker, Dona, and Christenson (2007) note that the student-faculty member relationship is more important in predicting students social-emotional functioning than their academic performance. This implies that there is a support-seeking dimension in student-faculty member relationships that can be carefully nurtured to shape positive outcomes for students. Informal interactions with faculty members outside the classroom have been found to have an incremental effect on students motivation over and above the typical predictors of academic performance such as secondary school performance or academic aptitude (Pascarella Terinzini, 2005; Pascarella, Terenzini, Hibel, 1978). Informal discussions with faculty members about intellectual issues are associated with increases in students aspirations to achieve at a hi gher level than would be predicted by pre-enrollment characteristics. Initial interactions with faculty members are also very influential in increasing the value placed on high academic achievement and in compensating for the general student culture that does not typically value such achievement. Mentoring provided by faculty members as a sponsor, confidant, and protector seem to be relatively more important than even peer support, for students who are transitioning into college (Mann, 1992; Shore; 2003). Thus, faculty members seem to play an important role in the overall college experience for new and continuing students. Adolescents who model themselves after their teachers rather than their friends report higher levels of school adjustment (Ryan et al., 1994). Informal faculty-student contacts play a particularly crucial role during the first year in college because they allow students to integrate their academic and extracurricular experiences (Goodman Pascarella, 2006; Pascarell Terenzini, 1977; Pascarella Terenzini, 2005). Further, students reporting high and moderate levels of interactions with faculty members (relative to low interactions) rate their academic program as being more interesting, exciting, and enjoyable, as well as more relevant and necessary for their career. Finally, substantive student-faculty interactions have been found to have a positive impact on students vocational preparation and intellectual development (Kuh Hu, 2001).These findings suggest that student-facultyinteractions have a multidimensional influence on the cognitive and emotional needs of students, thus valida ting the importance of faculty members as role models. Some researchers have found that students who spoke more frequently with faculty outside class and received advice about their educational program reported significantly higher academic self-confidence (Plecha, 2002). This finding is congruent with Endo and Harpel (1982) and Astin (1999)s work showing that interacting frequently with faculty members is part of being academically engaged and students who are more involved do better in college. Similarly, Bjorkland, Parente, and Sathiyanathan (2002) note that students who are in more frequent contact with faculty members and receive more feedback on their performance show remarkable improvement in communicating in a group, competence in their specific field, awareness about their future occupation, and general problem-solving skills. Other reported benefits of such student-faculty relationships include greater satisfaction with academic life, lesser likelihood of dropping out, and feeling more intellectually driven (Hazler Carney, 1993). In support of Chickerings (1969) model, recent data suggest that students engaging in meaningful interactions with faculty members are more likely to have a sense of purpose and competence for succeeding in college (Martin, 2000). Further, students who perceive their faculty members to be caring and have positive informal interactions with them often report greater learning (Teven McCroskey, 1997) as well as satisfaction with college and enhanced intellectual and personal development (Lamport, 1993). When Pakistan was founded in 1947 as a result of the partition with India, the country had only one institution of higher education, the University of the Punjab. Over the next 20 years, many private and public schools and higher education institutions were established to help fuel the countrys socio-economic development. In the early 1970s, all of Pakistans educational institutions were nationalized under the government of Zulfikar Ali Bhutto, who was committed to the idea of Islamic Socialism. For the next decade, Pakistans entire system of education was state-run. However, the growing demand for higher education fast outpaced the establishment of new public universities. During that period, the system could accommodate only 25 percent of the high school graduates who applied to higher education institutions. The overcrowding prompted many wealthy Pakistanis to seek university degrees abroad in the United States, Great Britain and Australia, while others sought out private tutors at home or entered the job market without a degree. In 1979 a government commission reviewed the consequences of nationalization and concluded that in view of the poor participation rates at all levels of education, the public sector could no longer be the countrys sole provider of education. By the mid-1980s, private educational institutions were allowed to operate on the condition that they comply with government-recognized standards. Until 1991, there were only two recognized private universities in Pakistan: Aga Khan University established in 1983; and Lahore University of Management Sciences established in 1985. By 1997, however, there were 10 private universities and in 2001-2002, this number had doubled to 20. In 2003-2004 Pakistan had a total of 53 private degree granting institutions. The rapid expansion of private higher education is even more remarkable if we look at the number of institutions established on a year-by-year basis. In 1997, for instance, three private institutions were established; in 2001 eleven new private institutions were opened; and in 2002 a total of 29 private sector institutions sprung up. According to HEC, there are total 128 recognized Universites in Pakistan, 70 are public and 58 are private. PRIVATE VS. PUBLIC HIGHER EDUCATION While the quality of Pakistans private universities varies widely, they all share some common traits. Most of them have adopted the American model of higher education, which features a four-year bachelors degree and system of credits. Supporters of private higher education believe that non-government institutions can deliver higher quality education and do it far more efficiently than the public sector. They point to the fact that private schools rarely suffer the closures and class suspensions their public counterparts do, and that students enrolled at these schools are more apt to complete their degree programs on time. They also believe that private universities will introduce international standards of competence and accountability.
Friday, September 20, 2019
Company Law and the Corporate Veil
Company Law and the Corporate Veil Introduction As the day company is formed, it can be said that the company is ââ¬Å"incorporatedâ⬠. As the company uniqueness is that it provides for effective separation of resources and managements of its resources and it is further compounded on the fact that the owner of the capital can limit his or her liability to the third parties. Therefore the company is recognized as a separate entity and it is treated in its own capacity. In nowadays business companies, it can be seen that companies have both advantages and disadvantages in measuring the limited liability of the shareholders on the basis that the company is liable for its debts and obligations. Therefore, double-edged sword is created which means it has both good and bad elements. In this assignment, details about the doctrine of separate legal entity will be analyzed. Also statements of features of company as separate legal entity and circumstances the veil of incorporation will be lifted will be analyzed with reference to some cases. Doctrine of separate legal entity In company law of Malaysia, a company is treated as a separate legal entity from its members constituted in it which is its shareholders and directors. This is the doctrine of separate legal principle. The company is a different separate body from its member. Thus, the members of the company are not liable for the company debts. For instance, when a company turn into a contract, the company itself will personally liable for the contract rather than the shareholders and the directors. Therefore, a company is a corporate body. A corporation is an artificial legal person that exists independently of the individuals who at any given time are the members of the corporate body. This principle was established by the House of Lords in Salomon v Salomon Co Ltd[1]. The rule of Agency An agency is a relationship where one person consents or is deemed to have consented that the other person should act on its behalf so as to affect its relations with third parties. Features of Separate Legal Entity At the time the company is incorporated, it is a separate legal person, it brings forth some effect which can be the features of it. Under section 16(5) of the Companies Act 1965 states that, once a company had been incorporated, the company had all the ability as an incorporated company. For instances, it is means that the company can enjoys its right and function as a legal person. Company that incorporated is a legal personality that is created and recognized by the law as stated by Salleh Abbas F.J in Tan Lai v Mohamed bin Mahmud. When a company register under Companies Act, it becomes vested with corporate personality which is an independent legal person and separate from its members. For instance, the company is a legal person. In Salomon v. Salomon Co. Ltd. (1987)[2], unsecured creditors claimed that the company never had an existence of independent although it was incorporated. They claimed that it was Salomon himself trading under another name, but the House of Lords held Salomon Co. Ltd. must be regarded as an independent person from Salomon. This is because of the fact that the company was not role as an agent for the member. Thus, Salomon and the others are mere subscribers of the company although he owned all the issued shares. Hence, Salomon could enforce its rights against the company as a secured creditor. Furthermore, the company also has the ability to sue and be sued in its own name. Therefore, a company can make legal action to enforce its right. It was established in the case Foss v Harbottle[3] where action brought by the members of the company made an injury complain towards the company and it was fail. Therefore the member could not take action on behalf of the company. Besides, a company has perpetual succession which means members may join and leave, but the company will continue go on. When a company become incorporation, it will continue operate until it is dissolved according to the Companies Act 1965. Under the case of Re Noel Tedman Holdings Pty Ltd[4], the court allowed the representative personal of the deceased to appoint the directors of the company so that the directors could allow the transfer of the shares to child. This proves that although the shareholders had leave but the company is still exiting and continue go on. Other than that, a company also has ability to own property on its own name. According to section 16(5) a company has power given to own personal land and other types of property. While company is separate legal person from its member, the member has no legal right and interest with the property and it is belongs to company. In case Macaura v Northern Assurance Co. Ltd[5], Macaura owned a tree plantation which was covered by an insurance policy. Later he sold the plantation to a company which he was the only shareholder. After the sale, Macaura continued to insure the plantation in his own name. A fire broke out and the plantation was destroyed. Macaura then attempted to claim on the insurance policy but the insurance company refused to pay. The issue was whether Macaura had an insurable interest at the time of the loss. It was help that the insurance company was right in not paying. The plantation company was a legal entity in its own right, separate from its shareholders. Other than that, in a corporate body, the shareholders of the company can enjoy limited liability. While a company is a separate legal entity, the shareholders are not liable for the debts and the liability is limited by shares. Therefore, creditors have no rights to take any legal action against the shareholders. In case Ye Yut Een 1978[6], the director of the company is not liable for the companyââ¬â¢s debt. It is the company who had not complied with the procedures related to the retrenchment benefits. Lifting The Veil of Incorporation Although the company has privilege as separate legal entity, it must not be used for any unlawful or illegal business purposes, in case a fraudulent or dishonest use is made of the legal entity, the concerned individuals will not be allowed to take the shelter of the corporate personality. The court will disregard the corporate veil to see the real persons behind it. Generally, the law will not go behind this veil of incorporation to look at the membership of the company. But the courts will ââ¬Ëlift the corporate veilââ¬â¢ in some exceptional cases. Salomon v Salomon Co Ltd case have decided that the members of the company are not liable for any contract that contracted by the company. This will cause they may have a chance hiding behind the veil to defraud the creditors and other parties that contracted with the company. The court will pierce the corporate veil by applying the principle known as ââ¬Ëpiercing the corporate veilââ¬â¢. When there is no entity separate from members, the court will pierce the corporate veil and take action. After that the court will make the company and its members liable for any breach of contract. The veil of incorporation can be lifted in according to situation provided under statutory provision and by judicial interpretation under the common law. For instance, section 36, Companies Act 1965 states that if the number of members of a company is reduced to below two and its carries on business more than six months, the person who is a member of the company during the time that is so carries on business after those six months, and is aware of it, the person is personally liable for all the debts that the company contracted after those six month and he may be sued therefor. According to the section 304(2), Companies Act 1965, together with the section 303(3), provide that an officers who knowingly contract a debts on behalf of the company. It means borrow money and knowing that that the company is most likely unable to pay the debt is guilty of an offence and on conviction be made personally liable to pay that debt. Under section 304(1), Companies Act 1965 provides that when a companyââ¬â¢s intention is to purposely defraud its creditors, the veil of incorporation is lifted. In the course of the winding up of a company or in any proceedings against a company it appears to the court when hearing the application of the liquidator or any creditor or contributory of the company that any business of the company has been carried on with intent to defraud creditors of the company or creditors of any other person or for any fraudulent purpose, the court may hold any persons who were knowingly parties to the fraud personally responsible for all or any of the debts or other liabilities of the company as the court directs. Under section 365(2), Companies Act 1965 provides that any payment of dividend not from profit is prohibited. Any payment made of dividends to shareholders is personally liable by the director towards the creditors of the company when there are no profits available. There are also situations where the court thinks it is appropriate and it will lift the veil of incorporation at common law. The situation whereby the veil of incorporation is lifted where the company is acting as agent or partner of the controlling or parent company. Group of the companies the problems can be complex. Subsidiary own and fund money of a business has been held to do so as agent for the holding and parent company. So, holding and parent company actually operating business. This is applied in case Smith, Stone and Knight Ltd v Birmingham Corporation (1939)[7]. Besides, the veil of incorporation will be lifted when there is a group of companies, including holding and subsidiary company, the court can lift the veil and treat a company and its subsidiary as one economic unit. In case DHN food Distributors Ltd v Tower Hamlets London Borough Concil[8], subsidiary company owns a piece of land while the DHN which is parent company operated the business on the land. The local authority purchases the said land. The DHN claimed compensation for disruption. The local authority refused to pay the compensation on the grounds that the land did not belong to DHN. The court lifted the veil of establish that DHN is connected with the subsidiary company as treated as one economic unit, they did suffer a loss as a result of acquisition from the local authority and allowed to claim the compensation. At last, lifting the corporate veil can also assist in the prevention of fraud. In case Aspatra Sdn Bhd Ors v Bumiputra Bank Malaysia Berhad (BBMB)[9], Lorrain Osman, one of the director of Aspatra Sdn Bhd, was once a director of Bumiputra Bank Malaysia Berhad, must account for the secret profit he made in breach the fiduciary duty. To avoid detection Lorrain Osman had channeled the monies which is the secret profit he make into several companies that he controlled, one is the Aspatra Sdn Bhd. BBMB feared that the money Lorrain Osman took would leave Malaysia and applied for an injunction. The veil lifted to reveal that the assets of Aspatra Sdn Bhd belong to the Lorrain Osman and the injunction was accepted. Conclusion In conclusion, it clearly stated that the doctrine of separate legal entity have created double-edged swords to the shareholders of the company. Although it brings many features to the shareholders but it also have drawback towards the company itself and creditors in some situation. Hence, there will be some defects of incorporation. However, lifting the veil of incorporation by the court will reduce the defects of incorporation. [1] SALOMON v SALOMON CO LTD [1897] A.C. 22, House of Lords [2] SALOMON v SALOMON CO LTD [1897] A.C. 22, House of Lords [3] Foss v Harbottle(1843) 67 ER 189 [4] Re Noel Tedman Holdings Pty Ltd. (1967) QdR 561 [5] Macaura v Northern Assurance Co Ltd[1925] AC 619 [6] Yee Yut Ee(978)2 MLJ 142 [7] Smith, Stone Knight Ltd v Birmingham Corp[1939] 4 All ER 116 [8] DHN Food Distributors Ltd v Tower Hamlets London Borough Council[1976] 1 WLR 852 [9] Aspatra Sdn Bhd v Bank Bumiputra Malaysia Bhd (1988) 1 MLJ 97
Thursday, September 19, 2019
Slavery :: Slavery Essays
Slavery During the Seventeenth, Eighteenth and part of the Nineteenth Century the White people of North America used the Black people of Africa as slaves to benefit their interests. White people created a climate of superiority of their race over the Black African race that in some places, still lingers on today. The American Civil War however, was a key turning point for the Black African race. Through their actions and the political actions of President Lincoln and his administration, Black Africans set a presedent for their freedom, equality and liberation. A very important aspect of Blacks proving themselves was that of the Black Man acting as a soldier in the Civil War. During the Civil War the official decision to use Blacks as soldiers in the Union Army was a slow gradual process and a series of strategic political decisions. The actual use of Blacks as soldiers in the Union Army was completed by a series of actions the Black Man performed that won him the respect of becoming a soldier. The two differ in that it was to President Lincoln's benefit to enlist Blacks as soldiers when he did. Whereas the later was the Black Man's will to fight for his freedom and prove himself as an equal human being. However, because the Black population was barred from entering the army under a 1792 law(4) the Black Man becoming a soldier was not officially recognized until late 1862. "There was strong anti-Black prejudice among most people in the free states, and in the loyal slave states the idea of arming the Black man was anthema"(1). This statement directly reflects the generally held fear White people had about putting Blacks on the fighting line of the armies in the Civil War. Whites felt that the Civil War was a war started upon the White Man's issues and what possible reason would the Black Man have for wanting to fight in this war. On the contrary The Black Man saw The Civil War as an opportunity to win freedom and gain respect(2). Blacks in the North who were free from slavery willingly pledged their service to fight in the Union Army however, their allegiance was denied by President Lincoln on political grounds. Lincoln realized that the issue of Black soldiers would be intolerable by the public and would not be accepted. Initially, the Union Army utilized Northern Blacks from the free states to relieve Whites from daily tasks that were essential to maintain the armies, thus freeing up White soldiers for battle.
Wednesday, September 18, 2019
thier eyes were watching god :: essays research papers
ââ¬Å"Baby Janieâ⬠Their Eyes Were Watching God is a novel about a woman named Janie who grows up and finds out what life and God have in store for her. The story is very similar to Black Women by Georgia Johnson. This novel and poem share similar themes, characters, and symbols. This similarity is seen through out these two works within their writing. à à à à à These two stories both tell a basic theme of being born into a harsh world and the choices which must be made by the characters. The themes main focus is on the development of the baby and Janie and the paths they chose to follow. In ââ¬Å"Black Womanâ⬠the child is ready to be born, but the mother isnââ¬â¢t willing to have the baby just yet. Her reasoning for not wanting to have the baby is the fact that the world is full of ââ¬Å"cruelty and sinâ⬠and the ââ¬Å"monster menâ⬠(Johnson, 4) who inhabit the earth are bad. The mother in this poem can see the world is harsh and that raising a baby in such a world would be difficult and a struggle. In Their Eyes Were Watching God, Janieââ¬â¢s grandma wants her to get married to an older man right away. Her reasoning is because she too also has seen how harsh the world is and doesnââ¬â¢t want her baby Janie to be stuck alone and have to live in hardship. Janie, like the unborn child, is determ ined to go her own path and set her own life. They both seem to feel that they are ready for what life has in store for them. Janie wants to live her own life by her own decisions, and the baby wants to go on the same path and be born into the world to start itsââ¬â¢ ââ¬Å"pathâ⬠. These similarities in theme are very apparent through the novel and relates to Black Womanââ¬â¢s story. à à à à à Both Their Eyes Were Watching God and ââ¬Å"Black Womanâ⬠have very similar characters due to their decisive and protective qualities. Janie is very happy with life as she sees it and wants to make her own decisions. Her grandma wants to protect her from a wrong choice, so she decides Janie must marry Logan. â⬠I wants to see you married right awayâ⬠(Hurston 12). Like Janie, the unborn child is ready to come into the world and live a beautiful life of happiness.
Tuesday, September 17, 2019
Automated Monitoring Attendance System Essay
1.1 The problem and its scope In this paper we propose a system that automates the whole process of taking attendance and maintaining its records in an academic institute. Managing people is a difficult task for most of the organizations, and maintaining the attendance record is an important factor in people management. When considering academic institutes, taking the attendance of students on daily basis and maintain the records is a major task. Manually taking the attendance and maintaining it for a long time adds to the difficulty of this task as well as waste a lot of time. For this reason an efficient system is designed. This system takes attendance electronically with the help of a fingerprint sensor and all the records are saved on a computer server. Fingerprint sensors and LCD screens are placed at the entrance of each room. In order to mark the attendance, student has to place his/her thumb on the fingerprint sensor. On identification studentââ¬â¢s attendance record is updated in the database and he/she is notified through LCD screen. No need of all the stationary material and special personal for keeping the records. Furthermore an automated system replaces the manual system. 1.2 Introduction Nowadays, industry is experiencing many technological advancement and changes in methods of learning. With the rise of globalization, it is becoming essential to find an easier and more effective system to help an organization or company. In spite of this matter, there are still business establishments and schools that use the old-fashioned way. In a certain way, one thing that is still in manual process is the recording of attendance. After having these issues in mind we develop an Automated Monitoring Attendance System, which automates the whole process of taking attendance and maintaining it, plus it holds an accurate records. Biometric systems have been widely used for the purpose of recognition. These recognition methods refer to automatic recognition of people based on the some specific physiological or behavioral features [1]. There are many biometrics that can be utilized for some specific systems but the key structure of a biometric system is always same [2]. Biometric systems are basically used for one of the two objectives identification [3] or verification [4]. Identification means to find a match between the query biometric sample and the one that is already been stored in database [5]. For example to pass through a restricted area you may have to scan your finger through a biometric device. A new template will be generated that will be then compared with the previously stored templates in database. If match found, then the person will be allowed to pass through that area. On the other hand verification means the process of checking whether a query biometric sample belongs to the claimed identity or not [6]. Some of the most commonly used biometric systems are (i) Iris recognition, (ii) Facial recognition,(iii)Fingerprint identification, (iv) Voice identification, (v) DNA identification, (vi) Hand geometry recognition and (viii)Signature Verification [5].Previously the biometrics techniques were used in many areas such as building security, ATM, credit cards, criminal investigations and passport control [4]. The proposed system uses fingerprint recognition technique [1] for obtaining studentââ¬â¢s attendance. Human beings have been using fingerprints for recognition purposes for a very long time [7], because of the simplicity and accuracy of fingerprints. Finger print identification is based on two factors: (i) Persistence: the basic characteristics and features do not change with the time. (ii) Individuality: fingerprint of every person in this world is unique [8]. Modern fingerprint matching techniques were initiated in the late 16th century [9] and have added most in 20th century. Fingerprints are considered one of the most mature biometric technologies and have been widely used in forensic laboratories and identification units [10]. Our proposed system uses fingerprint verification technique to automate the attendance system. It has been proved over the years that fingerprints of each every person are unique [8]. So it helps to uniquely identify the students. 1.3 Theoretical Background For over 100 years, fingerprint has been used to identify people. As one of the biometric identification, fingerprint is the quite the most popular one. Besides getting the print for fingerprint is easy, it doesnââ¬â¢t need a special sophisticated hardware and software to do the identification. In the old times and even until now, fingerprints are usually taken using merely inks and papers (could be one print, ten prints, or latent print). Finger print is unique. There is no case where two fingerprints are found to be exactly identical. During the fingerprint matching process, the ridges of the two fingerprints will be compared. Besides using ridges, some of the identification techniques also use minutiae. In brief, minutiae can be described as point of interest in fingerprints. Many types of minutiae have been defined, such as pore, delta, island, ridge ending, bifurcation, spurs, bridges, crossover, etc, but commonly only two minutiae are used for their stability and robustness (4), which are ridge ending and bifurcation. To help in fingerprint identification, fingerprint classification method is implemented. There are some classification theories applicable in the real world such as The NCIC System (National Crime Information Center) Still used even until now, the NCIC system classifies fingers according to the combination of patterns, ridge counts, whorl tracing. NCIC determines .Fingerprint Classification (FPC) field codes to represent the fingerprint characteristics. The following are the field codes tables: Using NCIC system FPC Field Codes eliminates the need of the fingerprint image and, thus, is very helpful for the need of fingerprint identification for those who do not have access to an AFIS. Instead of relying to the image, NCIC relies more on the finger image information. The Henry and American Classification Systems Henry and American classification systems, although has a lot in common, are actually two different systems developed by two different people. The Henry Classification System (5) was developed by Sir Edward Henry in 1800s; used to record criminalsââ¬â¢ fingerprints during Civil War. Henry System used all ten fingerprints with the right thumb denoted number 1, right little left finger denoted number 5, left thumb denoted number 6, and lastly the left little finger denoted number 10. According to Henry System, there were two classifications; the primary and the secondary. In the primary classification, it was a whorl that gives the finger a value. While even numbered fingers were treated as the nominator, odd numbered fingers were treated as denominator. Each fingerââ¬â¢s value was equal to the value of the whorl plus one. In the secondary classification, each handââ¬â¢s index finger would be assigned a special capital letter taken from the pattern types (radial loop (R), tented loop (T), ulnar loop (U), and arch (A)). For other fingers except those two index fingers, they were all assigned with small letter which was also known as small letter group. Furthermore, a sub secondary classification existed; it was the grouping of loops and whorls, which coded the ridge of the loops and ridge tracings of whorls in the index, middle, and ring fingers. The following is the table of Henry System. The American Classification System was developed by Captain James Parke. The difference lies in assigning the primary values, the paper used to file the fingerprint, and the primary values calculation. Filing Systems In this system, all of the fingerprints are stored in cabinets. Each cabinet contains one different classification and, thus, the fingerprint cards are stored accordingly. The existence of AFIS system greatly helps the classification process. There is no need to even store the physical fingerprint cards. AFIS does not need to count the primary values of all those fingers and does not have to be as complicated as NCIC System. With the power of image recognition and classification algorithm, fingerprint identification can be done automatically by comparing the source digital image to the target database containing all saved digital images. Another important issue to know is the fingerprint classification patterns. These patterns are growing with each generation of AFIS and differ from one too to another, searching time and reduced computational complexity. The first known study of fingerprint classification was proposed by in 1823 by Purkinje, which resulted in fingerprint classification down into 9 categories: transverse curve, central longitudinal strain, oblique stripe, oblique loop, almond whorl, spiral whorl, ellipse, circle, and double whorl. Later on, more in depth study was conducted by Francis Galton in 1892, resulted in fingerprint classification down into 3 major classes: arch, loop, and whorl. Ten years later, Edward Henry refined Galtonââ¬â¢s experiment, which was later used by many law enforcement agencies worldwide. Many variations of Henry Galtonââ¬â¢s classification schemes exists, however there are 5 most common patterns: arch, tented arch, left loop, right loop, and whorl. The following are types of fingerprint classification patterns: Since IDAFIS is another extended form of AFIS, we do not need to implement all other classification systems. What we need to do is to see what kind of classification pattern the algorithm can distinguish. Fingerprint Matching In general, fingerprint matching can be categorized down into three categories: ï⠷ Correlation-based matching: the matching process begins by superimposing (lying over) two fingerprints, and calculating the correlation between both by taking displacement (e.g. translation, rotation) into account. ï⠷ Minutiae ââ¬â based matching: Minutiae are first extracted from each fingerprint, aligned, and then calculated for their match. ï⠷ Ridge feature ââ¬â based matching: Ridge patterns are extracted from each fingerprint and compared one with another. The difference with minutiae ââ¬â based is that instead of extracting minutiae (which is very difficult to do to low ââ¬â quality fingerprint image); ridge pattern such as local orientation and frequency, ridge shape, and texture information is used. Chapter Two Most of the attendance systems use paper based methods for taking and calculating attendance and this manual method requires paper sheets and a lot of stationery material. Previously a very few work has been done relating to the academic attendance monitoring problem. Some softwareââ¬â¢s have been designed previously to keep track of attendance [11].But they require manual entry of data by the staff workers. So the problem remains unsolved. Furthermore idea of attendance tracking systems using facial recognition techniques have also been proposed but it requires expensive apparatus still not getting the required accuracy [12]. Automated Monitoring Attendance System is divided into three parts: Hardware/Software Design, Rules for marking attendance and Online Attendance Report. Each of these is explained below. 2 System Description 2 .1 Hardware Required hardware used should be easy to maintain, implement and easily available. Proposed hardware consists following parts: (1) Fingerprint Scanner (2) LCD Screen (3) Computer Fingerprint scanner will be used to input fingerprint of teachers/students into the computer software. LCD display will be displaying rolls of those whose attendance is marked. Computer Software will be interfacing fingerprint scanner and LCD and will be connected to the network. It will input fingerprint, will process it and extract features for matching. After matching, it will update the database attendance records of the students. A fingerprint sensor device along with an LCD screen is placed at the entrance of each classroom. The fingerprint sensor is used to capture the fingerprints of students while LCD screen notifies the student that his/her attendance has been marked. 2 .2 Rules for marking attendance This part explains how students and teacher will use this attendance management system. Following points will make sure that attendance is marked correctly, without any problem: (1) All the hardware will be outside of the classroom. (2) When teacher enters the classroom, the attendance marking will start. Computer software will start the process after inputting fingerprint of the teacher. It will find the Subject ID and current semester using the ID of the teacher or could be set manually on the software. If the teacher doesnââ¬â¢t enter the classroom, attendance marking will not start. (3) After some time, say 15 minutes of this process. The student who login after this time span will be marked as late on the attendance. This time period can be increased or decreased per requirements. 2 .3 Online Attendance Report Database for attendance would be a table having following fields as a combination for primary field: (1) Day, (2) Roll, (3) Subject and following non-primary fields: (1) Attendance, (2) Semester. Using this table, all the attendance can be managed for a student. For online report, a simple website will be made for it. Which will access this table for showing attendance of students .The sq queries will be used for report generation? Following query will give total numbers of classes held in a certain subject. Now the attendance percent can easily be calculated: 2.4 Using wireless network instead of LAN We are using LAN for communication among servers and hard wares in the classroom. We can instead use wireless LAN with portable devices. Portable device will have an embedded fingerprint scanner, wireless connection, a microprocessor loaded with software, memory and a display terminal. Source/References: [1] D. Maltoni, D. Maio, A. K. Jain, S. Prabhaker, ââ¬Å"Handbook of Fingerprint Recognitionâ⬠, Springer, New York, 2003. [2] A.C. Weaver, ââ¬Å"Biometric authenticationâ⬠, Computer, 39(2), pp 96 ââ¬â 97 (2006). [3] J. Ortega ââ¬â Garcia, J. Bigun, D. Reynolds and J.Gonzalez ââ¬â Rodriguez, ââ¬Å"Authentication gets personal with biometricsâ⬠, Signal Processing Magazine, IEEE, 21(2), pp 50 ââ¬â 62 (2004). [4] Anil K. Jain, Arun Ross and Salil Prabhakar,â⬠An introduction to biometric recognitionâ⬠, Circuits and Systems for Video Technology, IEEE Transactions on Volume 14, Issue 1, Jan. 2004 Page(s):4 ââ¬â 20. [5] Fakhreddine Karray, Jamil Abou Saleh, Mo Nours Arab and Milad Alemzadeh, Multi Modal Biometric Systems: A State of the Art Survey â⬠, Pattern Analysis and Machine Intelligence Laboratory, University of Waterloo, Waterloo, Canada. [6] Abdulmotaleb El Saddik, Mauricio Orozco, Yednek Asfaw, Shervin Shirmohammadi and Andy Adler ââ¬Å"A Novel Biometric System for Identification and Verification of Haptic Users â⬠, Multimedia Communications Research Laboratory (MCRLab) School of Information Technology and Engineering University of Ottawa, Ottawa, Canada . [7] H. C. Lee and R. E. Gaensslen, ââ¬Å" Advances in Fingerprint Technology â⬠, Elsevier, New York . [8] Sharath Pankanti, Salil Prabhakar, Anil K. Jain, ââ¬Å" On the Individuality of Fingerprints â⬠, IEEE transaction on pattern analysis and machine intelligence, vol.24, no.8, August 2002. [9] Federal Bureau of Investigation, ââ¬Å" The Science of Fingerprints: Classification and Uses â⬠, U. S. Government Printing Office, Washington, D. C., 1984. [10] H. C. Lee and R. E. Gaensslen (eds.), ââ¬Å" Advances in Fingerprint Technology â⬠, Second Edition, CRC Press, New York, 2001. [11] K.G.M.S.K. Jayawardana, T.N. Kadurugamuwa, R .G. Rage and S. Radhakrishnan â⬠, Timesheet: An Attendance Tracking System â⬠, Proceedings of the Peradeniya University Research Sessions, Sri Lanka, Vol.13, Part II, 18th December 2008 . [12] Yohei KAWAGUCHI, Tetsuo SHOJI , Weijane LIN ,Koh KAKUSHO , Michihiko MINOH ,ââ¬Å" Face Recognition ââ¬â based Lecture Attendance Systemâ⬠, Department of Intelligence Science and Technology, Graduate School of Informatics, Kyoto University. Academic Center for Computing and Media Studies, Kyoto University. [13] Digital Persona, Inc. t720 Bay road Redwood City, CA 94063 USA 5, http://www.digitalpersona.com Table of Contents Chapter One 1.1 The problem and its scope 1.2 Introduction 1.3 Theoretical Background Chapter Two 2.1 Hardware and Software 2.2 Rule for marking attendance 2.3 Online Attendance Report 2.4 Using Wireless network instead of LAN Chapter Three â⬠¦. â⬠¦ Chapter Four 4.1 Summary 4.2 Conclusion and Recommendation 4.3 Bibliography Source/References:
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