Saturday, May 23, 2020

The Main Tents Of Ethical Leadership Essay - 1346 Words

The main tents of ethical leadership in public service is for leaders to be transparent, accountable, and professional to have a successful organization. Committed leaders will exemplify professionalism for followers and possessing the motivation to achieve organizational goals. Naturally, to be professional is to comprehend the significance of roles and performance in public service. Accountability is important to the functionality of a public organization. And transparency in public administration is needed to be sure the public has information handy (Haq, 2011). Leaders possess certain skills to distinguish between ethical and unethical acts. Technical, conceptual, interpersonal skills along with emotional and social intelligence contribute to proper understanding of ethical dilemmas, ethical decision making and dissemination and establishment of ethical values. When developed these skills can show leader how to strive for greater ethics oriented in public service (Haq, 2011). LaTisha feels possessing technical skills help a leader to become more efficient and responsive. Therefore, making them informative about rules and regulations that helps to create rule of law, accountability and transparency. It is less likely that unethical behavior would be a factor. In addition, conceptual skills support the leaders in effective planning, organizing and problem solving. These skills are extremely beneficial in the event of ethical dilemmas and conflicts of interest. TheseShow MoreRelatedLeadership Styles And Theories Of Leadership876 Words   |  4 Pagesbstract This paper is to define the definition of leadership, and how its breakdown of various leadership styles and theories. I will also focus on more than one leadership style on what is to believe the best aligns thoughts of what leadership should mean. The leadership style is a mixed character of leadership that combines the transformational and servant leadership theories in to Healthcare. 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Monday, May 18, 2020

Impact Of Poverty And Education On Children Development - Free Essay Example

Sample details Pages: 8 Words: 2350 Downloads: 1 Date added: 2018/12/14 Category Education Essay Type Research paper Level High school Tags: Children Essay Poverty Essay Did you like this example? Reflection Poverty is the state of scarcity or the lack of specific things. Such things may include possessions or money that is essential for humans to make their life better or comfortable. According to Foster and James, poverty is defined as the state of someone who lacks a usual or socially acceptable amount of money or material possessions. Don’t waste time! Our writers will create an original "Impact Of Poverty And Education On Children Development" essay for you Create order Therefore, one who requires good health, who cannot have access to the right medical attention, or cannot afford to take the precautions to avoid the illness is said to be in poverty. Poverty is measured regarding social, political, and economic elements (Petterson, 2011 pp1794-1813). The extreme lack of the necessities is referred to as ?absolute poverty. One is faced with the complete absence of the primary and personal needs such as shelter, clothing, and or food in the state. Another state is relative poverty that occurs when one in a particular country does not have access to the specified minimum level of living standards in comparison to the other people in the same region (Guo, 2010 pp 431-447). As such, the definition of relative poverty varies from one state to another or even from community to another. Poverty influences the life of children primarily, as they develop to become adults. Education is an initiative that facilitates acquisition and utilization of knowledge, habits, values, skills, and beliefs. Teaching as a process promotes learning and thus eliminates ignorance among the community. Education often is meant for children as they mature. However, adults also engage in the learning process to increase their knowledge. As such, culture differs depending on age, profession, likes, and interests and depending on the government plans. The methods of facilitating education include teaching, training, storytelling, directed research, and discussion (Barnett, 2008 pp 204-207). The setting of the process may be either formal or informal. Education is believed to be the tool that enlightens people and help them to find solutions for the challenges they face. As such, it is a means that aid in reducing poverty among the citizens and facilitate growth. Similarly, poverty may be a hindrance for some children to access quality education and thus the problem will preva il. Poverty and education profoundly influence the development of children. Poverty is a challenge that needs to be overcome if the children will have a good life worth of living (Guo, 2010 pp 431-447). When it strikes, the kids cannot have access to necessities, and thus it hinders development. The World Bank defines poverty as having many phases. The indicators of poverty according to economic and social inclusion corporation of the World Bank are hunger, sickness and not being in a position to seek medical attention, lack of shelter, inability to read and not having access to school, lack of a job (Aber, 2007 pp 463-483). Other factors are living a day at a time, fear for the future, and inability to participate in recreational activities. Economists define poverty as lack money to purchase basic needs. According to them, money is the core aspect that defines poverty. When one has money, he or she can have access to the other necessities such as food, education, and shelter. Effects of Poverty and Education on Children Development Access to education and its outcomes are primarily influenced by the family income. Children from poor background often begin school late than their equals from high-income families. Parents with low income will not afford to pay for their kids learning process until they are old enough to take themselves to school and back. However, the wealthy parents will take their children to school earlier since they can afford to employ caretakers who will be responsible for making the kids to and from classes (Barnett, 2008 pp 204-207). Additionally, when the children get to school, the challenges posed by poverty continue to haunt the students. As such, the depth, social networks, timing, incidence community aspects, and duration of poverty affect the education performance of kids (Grantham-McGregor, 2007 pp 60-70). The government and the parents have many roles to play to enhance poverty eradication and thus promote education process. This paper looks at the various areas that are influence d by poverty in the lives of children. Additionally, the measures to handle the challenges are provided to ensure the creation of a knowledgeable community by ensuring that all the children have access to education at all times. Academics Poverty affects the childrens performance adversely at school. The families may lack the capability of providing all that is needed for the children to succeed in college. For instance, the children may not have enough to eat, access the desired shelter, or have enough clothing. Additionally, the parents will not manage to buy all that is necessary for them to go to school and concentrate on their studies (Brooks-Gunn, 2007 pp 55-71). Paying the fees and for other activities may be difficult for the parents and so the students may be sent home frequently. As such, the children will not be able to concentrate on their studies as most of the times they will be experiencing inconveniences. The schools in the poor neighborhood also lack all the necessary items for them to provide the required knowledge to the students. Such institutions also lack enough and qualified staff members to teach the students. Since the parents cannot afford to pay much money and in time, the management hires t he less qualified teachers and other staff members who can accept the poor pay. The children who live in poverty are more likely to experience high dropout rates and lower academic achievement (Shannon, 2008 p 32). Therefore, poverty is a condition that should be addressed if the educational sector will improve and assure all children quality education. Social/ Emotional development Poverty and poor education access for children may as well result in adverse social and emotional development for children. The students who live in the poor background are likely to acquire both behavior and emotional challenges (Biddle, 2014 p 2-6). For instance, such kids will have difficulties in getting along with others and especially peers; they will be disobedience, impulsive and isolated. Therefore, the children will never have self-esteem or insight to move on and pursue their dreams. As such, the kids become miserable, and their will do anything that comes their way. Parents living in poverty as well have no much time stay and advise their children, and thus they have no one close to give them directions (Connell, 2014. Pp 125-150). The children thus do what they think is right for them or follow what their peers are doing who might be misleading them. Therefore, their social and emotional development is weak, and thus they live a life of isolation and hatred. The children will not perform well in school even if they were allowed to stay and therefore their future becomes dull as time passes. Poverty makes it harder for students to cope with the stressful environment. However, with proper counseling, the kids can reform and interact with the others as desired and thus succeed in education and other life matters. Health Access to excellent medical services is a challenge to children living in poverty. The problems begin at birth as the kids are born with low weight, which results in early health issues. Since the parents cannot afford proper medical care or the hospitals around such people, do not have all the necessary equipment to offer reliable care. Therefore, the kids experience health issues while young and haunt them as they grow. Another risk is lack of access to routine preventive and emergency medical and thus are likely to suffer from poor nutrition (Aber, 2007 pp 463-483). According to a study conducted in the US, health challenges always comes with other related problems such as frequent missing the schools, often admitted in hospitals, and suffer high death rates. As such, without a foundation of good health, a child may not reach critical developmental objectives such as learning, attaining good grades, and getting employment. Health as necessity may divert the attention of other need s since it is fundamental (Petterson, 2011 pp1794-1813). Poverty, therefore, inhibits both physical and psychological development in children by causing health issues. The government should put more resources in the health sector to ensure that all pregnant mothers, as well as the growing children both at school and at homes, access medical services at all times. Outdoor Play Spaces Children who are living in poverty lack access to safe outdoor play spaces such as playgrounds, wooded areas, and green spaces. For the full development of a child, he or she needs to have access to areas where they will play with peers. As such, children will be able to interact and develop both physically and emotionally. The most areas faced with poverty are the slums and overcrowded places with less space for such activities. According to the researches done, children need areas for outdoor activities or other events from birth to the age of five years since they promote developmental outcomes that cannot be achieved indoors (McLoyd, 2008 p185). As such, the kids who cannot access such fields will not have the developmental results and thus they are like will not be like the others. Additionally, the availability of natural features in a play station such as hills, sand, grass, running water and trees enhances the bond between nature and thus proper growth. Such resources cannot be accessed in the highly populated places where poverty is experienced (Shannon, 2008 p 32). The government is mandated to provide suitable housing for all the people and secure the public areas designated for play and other activities. Access to Information The understanding the knowledge regarding the development plans and the ways to support them is hindered by poverty. Every citizen has the right to access to information. However, one is responsible for looking for the information by purchasing the necessary appliances. The children who grow in areas filled with poverty may not access the essential details on national developments (Huston, 2011). Access to information makes one responsible in all he or she does. As such, the students will not have a driving force towards the state development. On the contrary, the children who have access to information will be motivated to see the plans come into reality. They are likely to excel in their studies as they work hard to understand their nation develop. In the same ways, the parents are expected to be illiterate, and they will not be able to motivate their children accordingly (Levin, 2015 p 28-35). It is the governments responsibility to ensure that every citizen is aware of its plan and agendas for development so that they all can take part in the achievement of such ideas. Recreation, Sports and Family Time Poverty inhibits the recreational activities, sports programs, and time for the family interactions. The children will be busy with other activities such as helping their parents raise their daily meals. As such, the children will not have time to interact with the others of their age and share jokes and other relevant messages for developments. Since the parents have low income and less to spend in their homes, they will be much occupied to find necessities for their children and thus less time for family matters. Children with talents will not have the opportunity to develop it since the required resources such playgrounds, musical instruments, and other materials are rarely available in areas dominated by poverty (Van der Berg, 2008 p28). Children need more space and time to play and have fun so that they can experience both physical and emotional growth. Family time is also helpful since it creates a strong bond among the members and promotes peaceful coexistence that lasts even when the kids are full-grown (Huston, 2011). It is the responsibility of the adults and the authorities to nature the talents of the kids so that they can utilize them to better their future as well as the community around them. Conclusion Poverty and education profoundly influence the development of children. Poverty is a problem that needs solutions for the children to have a prosperous life worth of living. Poverty hinders the access to education, and thus the children will not be enlightened on the matters concerning their respective stage of life. Education plays a significant role in the passing of information and knowledge to generations and thus ensures continuity in the country. A school is a tool that enlightens people and helps them to find solutions to the challenges faced (Duncan, 2010 pp 188-196). Similarly, poverty may be a hindrance for some children to access quality education and thus the problem will prevail. As such, it is a means that aid in reducing poverty among the citizens and facilitate growth. References Barnett, W.S., 2008. Long-term cognitive and academic effects of early childhood education on children in poverty. Preventive Medicine, 27(2), pp.204-207. Biddle, B., 2014. Social class, poverty and education. Routledge. Brooks-Gunn, J. and Duncan, G.J., 2007. The effects of poverty on children. The future of children, pp.55-71. Connell, R., 2014. Poverty and education. Harvard Educational Review, 64(2), pp.125-150. Grantham-McGregor, S., Cheung, Y.B., Cueto, S., Glewwe, P., Richter, L., Strupp, B. and International Child Development Steering Group, 2007. Developmental potential in the first 5 years for children in developing countries. The lancet, 369(9555), pp.60-70. Guo, G. and Harris, K.M., 2010. The mechanisms mediating the effects of poverty on childrens intellectual development. Demography, 37(4), pp.431-447. Huston, A.C. ed., 2011. Children in poverty: Child development and public policy. Cambridge University Press. Levin, B., 2015. Poverty and Education. Education Canada, 35(2), pp.28-35. McLoyd, V.C., 2008. Socioeconomic disadvantage and child development. American psychologist, 53(2), p.185. Petterson, S.M. and Albers, A.B., 2011. Effects of poverty and maternal depression on early child development. Child development, 72(6), pp.1794-1813 Shannon, P., 2008. Reading Poverty. Heinemann, 88 Post Road West, Box 5007, Westport, CT 06881-5007; Fax: 203-222-1502 Van der Berg, S., 2008. Poverty and education. Education policy series, 10, p.28. Aber, J.L., Bennett, N.G., Conley, D.C. and Li, J., 2007. The effects of poverty on child health and development. Annual review of public health, 18(1), pp.463-483 Duncan, G.J. and BrooksGunn, J., 2010. Family poverty, welfare reform, and child development. Child development, 71(1), pp.188-196

Monday, May 11, 2020

Aristotle s And Plato s Quest For Self Fulfillment Essay

Aristotle’s and Plato’s Quest for Self-fulfillment Reasoning refers to the process of making use of preexisting knowledge to make conclusions, construct explanations, or make predictions regarding certain issues. According to philosophers, reasoning is broadly categorized into three parts: deductive, inductive, and adductive reasoning. Deductive reasoning begins with assertions of a more general rule and proceeds to a guaranteed conclusion that is specific in nature. Basically, it moves from the general rule to a specific approach. There is an assumption that should the original assertions be true; then, the conclusions are true beyond reasonable doubt. Such kind of reasoning is mostly applied in disciplines like mathematics. Secondly, there is inductive reasoning. In this type of reasoning, specific observations that are limited in scope proceed to generalized conclusions formulated from accumulated evidence; that is, one moves from specific to general. Thus, this approach comes in handy when carrying out scientific research becaus e it entails information gathering, pattern seeking, and formulation of hypotheses to explain the observations. Lastly, there is adductive reasoning. The approach normally starts with an incomplete set of observations and builds towards the likeliest possible explanation. The type of reasoning produces the kind of day-to-day decision making, which relies on the information at hand. This paper will focus on addressing the role of reasoning inShow MoreRelatedWhat Constitute Happiness to Man6479 Words   |  26 Pagesits attainability. In what does happiness consist? Is it the same for all men, or do different men seek different things in the name of happiness? Can happiness be achieved on earth, or only hereafter? And if the pursuit of happiness is not a futile quest, by what means or steps should it be undertaken? On all these questions, the great books set forth the fundamental inquiries and speculations, as well as the controversies to which they have given rise, in the tradition of western thought. There seemsRead MoreThe Origins of Dream Interpretation4085 Words   |  16 Pagespreserved that tell the story of a puzzling dream he had and his quest using a goddesss help to understand its meaning. This is one of the earliest records showing the belief that there was an association between gods, peoples dreams, and hidden meanings in dreams (Oppenheim, 1956). In approximately 2000 B.C. the mythic hero Gilgamesh appeared for the first time (the epic was expanded in later Assyrian mythology). He is guided in his quest by his dreams and his epic also contains the first known recurring

Wednesday, May 6, 2020

The Sarbanes Oxley Act s Purpose Essay - 1537 Words

According to Jennings (2015), the Sarbanes Oxley Act’s purpose is â€Å"An Act to protect investors by improving the accuracy and reliability of corporate disclosures made pursuant to the securities laws, and for other purposes† (p. 246). This act was enacted because of several major accounting scandals. One company with such a scandal was Enron. Enron was one of the largest corporations in the United States. Enron was reporting revenues of over $100 billion, and its stock was being sold for $80 a share (Goethals, Sorenson, Burns, 2004). However, it was using shady and unethical business practices, such as listing inflating its revenue and hiding debts in special purpose entities. Eventually, their faulty accounting caught up with them, and their market share plummeted. This was credited as one of the worst auditing failures. This was but one of many accounting scandals, but it was possibly the worst. To help prevent something like this from happened again, the Sarbanes Oxley Act was passed. This act greatly increased the accountability of auditing firms, and it also increased penalties for acts such as defrauding shareholders, as well as faking, destroying, or altering records (Jennings, 2015). Part 1 of Sarbanes Oxley created the Public Company Accounting Oversight Board, which oversaw the audit of public companies, established auditing report standards and rules, and investigated, inspected, and enforced compliance with these rules (Jennings, 2015). Auditing companies mustShow MoreRelatedThe Tax Advantages Of Sarbanes Oxley Essay969 Words   |  4 PagesDisadvantages of Sarbanes-Oxley Afua Nyamekye Liberty University The Tax Advantages and Disadvantages of Sarbanes-Oxley The 1990s and the early 2000s was a time that the world witness an explosion of fraud in the corporate world. Corporate fraud like Enron, HealthSouth, Waste Management, WorldCom, Lehman Brothers, etc. was so disturbing that lawmakers felt the need for a law to help curb down these frauds. Lawmakers came out with Sarbanes Oxley named after Senator Paul Sarbanes and Rep. MichaelRead MoreThe Collapse Of Enron Corporation1547 Words   |  7 PagesThe purpose of this article is analyze the downfall of the Enron Corporation and how the collapse of Enron Corporation consequence affected the United states financial market. Enron Corporation was the seventh largest company in the United States, and had the biggest audit failure. In this Research paper, it describes the reason of Enron Corporation collapse, including details of the internal/ external management, accounting fraud, and conflict of interest. Enron is the largest bankruptcy in AmericaRead MoreSarbanes Oxley Act : A Important Pa rt Of Business1215 Words   |  5 PagesA vital part of business today is the Sarbanes-Oxley Act. 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Chapter Paper Free Essays

Chapter III – Methodology A. Materials Materials| Quantity| Amount| Talbos ng Kamote (Ipomoea batatas) leaves| 5 – 10| -| Rubbing Alcohol| 1 bottle| P 15| Okra| 5| P 10| Lemon| 1| P 12| Recycled Bottle| 1| -| Bowl and spoon| 1| -| water| 1 glass| -| Container| 1| -| -| -| Total: P 37| B. Procedure Slice two Okras into 4 pieces. We will write a custom essay sample on Chapter Paper or any similar topic only for you Order Now Put a glass of water and the okra into an empty container. Leave it for a day. After a day, squeeze the Okras and get its extract. Put it on the bowl. Get the seeds of the Okra using the spoon. After that, get the extract of the leaves by chopping the Talbos ng Kamote (Ipomoea batatas) leaves into smaller pieces and squeezing it. Mix it with the gel. Put a spoonful of Alcohol. And squeeze the lemon fruit for fragrance. Put all the mixed ingredients in to a bottle. Chapter V – Conclusion and Recommendations A. Conclusion The researchers established different facts that Antibacterial Herbal Hand Sanitizer can be an alternative for water and soap in killing bacteria or germs in our hands. It is very effective in cleaning our hand. The researchers concluded that Talbos ng Kamote (Ipomoea batatas) can be used as the main ingredient in making an antibacterial herbal sanitizer, lemon fruit add fragrance in our output and with the help of rubbing alcohol. The researchers are very confident that the product became successful. B. Recommendations The researchers recommend you to make this hand sanitizer. This hand sanitizer is very useful to each one of us. This can help you to fight germs in your hands. The hand sanitizer is not hard to make. It is very handy and it can be an accessory to your bag. In analyzing the result that the researchers made, the researchers recommend you some instructions to come up with a better result. Lessen the rubbing alcohol and put more okra extract to make your sanitizer jelly. Make sure that the recycled bottles have been thoroughly cleaned in soapy water so that the other dirt are gone. This just looks better to have no mixture with old and new ones. How to cite Chapter Paper, Essay examples

HIH Casualty and General Insurance †Free Samples to Students

Question: Discuss about the HIH Casualty and General Insurance. Answer: Introduction: The issue before the court in this case was the HIH Casualty and General Insurance had given undocumented, unsecured amount $10 million to Pacific Legal Equity in June 2000. The company was under the management of Adler and he was also the trustee of Australian Equity's Unit Trust. This was the time when Adler was also acting as a nonexecutive director through Adler Corporation, as this company was a major shareholder of HIH. After PEE receives the loan amount, it also became a trustee of Australian Equity's Unit Trust. Later on, shares of HIH worth $4 million were also purchased by this company when PEE sold these shares, because it had suffered a loss of $2 million. The shares of HIH were purchased by PEE for the purpose of giving an erroneous impression to the investors of HIH that nothing was wrong with the company. Simultaneously, PEE also bought different unlisted shares for a value of $4 million in a number of communication technology companies from Adler Corporation. The resu lt of all these investments was that the company lost nearly $2 million. AEUT had given this money to Adler Corporation under trust. However, the company undertook these transactions without informing the boot of the corporation and also without obtaining the consent of the shareholders. Similarly, it failed to inform the board of the company and also the members of the investment committee. The required documentation was not completed before giving this loan and in the same way, the company also failed to take proper security for the loan. The reason behind these actions was to avoid the attention of the other directors of HIH. On the basis of the above-mentioned facts, it can be said that this was a unique and complicated case. The reason was that in case, there were a number of breaches of the duties of the directors. Several duties have been described for the directors by the statutory law under the Corporations Act and also by the common law. The effect of this bad corporate governance was the collapse of HIH. The provisions of statutory law that were breached in this case was provisions mentioned in section 180 requiring the directors to act with care and diligence, the provisions of s. 181, according to which the directors should act with good faith, s. 182 which prevents the directors from using their position improperly, s183 prohibiting the directors from improperly using the information and section 260A, which is related with financial assistance. Another relevant provision is present in section 9, Corporations Act, which gives the definition of the term director and provides the a person can be considered as a director of the corporation if such person is formally appointed as director, irrespective of the name used for the position. In this regard, section 9 also provides that certain persons can be treated as the directors even if they have not been validly appointed to this position. Therefore, these positions are treated by the law as directors, although they were not appointed formally as such. In view of this provision, shadow directors and the de facto directors are also treated by the law as the directors of the corporation. This section also explains the term officer of the company. For this purpose, the officers of the company include the executives of the company who are holding senior positions. In some cases, the officers of the company include the persons who have the authority to make decisions or take part in decisions that have positive impact on the business activities of the company. Therefore, the persons having the authority to have significant influence on the financial position of the company are also considered as being included in the term, 'officers'. A very important duty prescribed for the directors is present in section 180. It has been mentioned in s180(1) that according to this duty, the directors under an obligation to use their powers by using the same care and diligence that can be expected in case of any reasonable person if that person is holding the position of a director in a company under similar circumstances. In this context, it has been mentioned by the law that the executive directors also need to be considered as full-time employees and therefore, they should be involved in the routine management of the company. At the same time, executive directors have special responsibilities, and as a result, it is vital that the executive directors should have sufficient understanding of the affairs concerning the routine management of the corporation. As against the other directors, it is considered that the nonexecutive directors act, part-time however the law requires that these directors and should also be often occupied in running the affairs of the company. On the other hand, the Corporations Act has also provided a defense to the directors. Section 181(2) incorporates the business judgment rule of the common law. According to this rule when a director has made a business judgment, such director cannot be considered as being responsible for the judgment for the breach of duty of care and diligence if the elements of business judgment rule are satisfied. For this purpose, it needs to be seen that the judgment was made by the director for proper purpose and in good faith. The director should not have any personal interest concerning the judgment. It is also required that the director has properly informed himself or herself in case of the judgment to a reasonable extent. It is also required for the purpose of availing the defense provided by the business judgment rule that the directors should be under the impression that they are making the business judgment in the best interests of their company. In this way the protection provided to t he directors under the common law by the business judgment rule has also been incorporated in the Corporations Act. Therefore, the directors can use this defense for the purpose of escaping liability concerning the business judgments that they have made if it can be established by the directors that they acted in good faith and to protect the best interests of the company. The purpose behind providing this defense to the directors is that in routine cases, it is natural that while certain decisions made by the directors will be profitable for the company, it is also possible that on account of certain decisions made by the directors, the company will have to face a loss even if the directors have made the decision rationally and in good faith. Another relevant duty that has been mentioned in the Management Corporations Act is present in section 182. This duty requires that the directors should refrain from using their powers improperly. It can be said that the power has been used improperly by the directors, if these powers were use by the directors for a cleaning your personal benefit. Similarly, another duty is present in section 183, which prohibits the directors from improperly using the information that has been received by them. When any information has been received by the director, on account of their position in the company, the law requires that such information should not be used improperly. The improper use of information takes place when such information is used for obtaining a personal benefit or to cause a loss to the company. In the present case, Adler was acting in the position of the director of HIH and at the same time, also as the officer of the company that was wholly owned subsidiary of HIH. Consequently, the court stated that Adler falls under the definition of director described in s 9. The definition of director is applicable in case of Adler, although he was not appointed formally to this position in the subsidiary. The reason was that Adler had played the role of a director in the subsidiary company. He was also acting as a member of the investment committee of HIH. Under these circumstances, the court concluded that an active role was being played by Adler in the decision-making process of the company which had significant impact on the whole on a major part of the business of the corporation. The findings of the court concerning the MD of HIH, and the M.D. of HIHC, Williams were that he was also liable for the breach of duties mentioned in section 180(1). The court arrived at this conclusion on the basis of defects that Williams could not ensure that proper safeguards will present before a loan was given to PEE by HIHC. Further, the court pointed out that the financial director of HIH, Fodera was also found to be responsible for breaking these duties. This conclusion was based on the fact that Fodera did not discuss these proposals that the board, regarding during a loan of 10 million to PEE and similarly. He did not discuss it with its investment committee. Under these circumstances, the court was of the opinion that these executive directors were liable for the failure to fulfill their duties, especially when there was a failure on their part to inform the court of HIH concerning the decisions made by them. Regarding the application of the business judgment rule, it was held by the court that all these directors, Adler, Williams and Fodera were found to be responsible for the breach of their duty mentioned in s180(1). The court also stated that the defense under business judgment rule is not available to these directors. Hence these directors were not allowed to rely on this defense. It was explained by the court that in the present case, business judgment rule cannot be used by Adler. The reason given in support of this conclusion was that according to the court, Adler did not satisfy the requirements stated in s. 180(2)(b). Similarly a conflict of interest also existed in the case of the decisions made by Adler to invest 10 million i n PEE. In case of the other director, Williams, it was held by the court that business judgment rule cannot be relied upon due to the reason that he did not ensure that sufficient safeguards were in place before giving the loan. The court also pointed out that although the decision made by Williams can be described as a business judgment, but view of the fact that he was a major shareholder of HIH, and the court concluded that a personal interest was present for Williams in the business judgment which fell under the purview of s180(2)(b). The court also pointed out the words, the fact that during the trial, Williams had not provided any evidence to suggest that the judgment was made by him in good faith. In case of the other director, Fodera, the conclusion of the court was that this director cannot be allowed to rely on the business judgment rule. Reason was that Fodera failed to inform the board of the company or investment committee regarding the deal. Under these circumstances, the court held that Adler was liable for contravening the provisions of s. 181(1). Regarding the allegations that Adler had used his position in the company improperly, it was noted that as HIH's director and officer of HIHC, as well as being the director of PEE, he had used this position for a cleaning a benefit for Adler Corporation. Likewise, it was also stated in this case that the other director, Williams had also breached his duties when he allowed a loan of $10 million without informing the investment committee of HIH, which was required under the investment guidelines of the company.

Friday, May 1, 2020

John Marshall The Great Chief Justice Essay Example For Students

John Marshall: The Great Chief Justice Essay John Marshall: The Great Chief JusticeJohn Marshall was born in Fauquier County, Virginia on September 4, 1755. He was the first son of Thomas Marshall and Mary Randolph Keith. His role inAmerican history is undoubtedly a very important one.As a boy, Marshall waseducated by his father. He learned to read and write, along with some lessonsin history and poetry. At the age of fourteen, he was sent away to school, anda year later he returned home to be tutored by a Scottish pastor who lived withthe Marshall family. As a young college student, John Marshall was particularly impressed bythe lectures of professor George Wythe. Wythe was a lawyer, judge, and asigner of the constitution. Other students of professor Wythe were ThomasJefferson, John Breckinridge, and Henry Clay. Marshall became a lawyer at the age of twenty five. As Brian McGintysays about Marshall in the article, His first cases were not important, but hehandled them well and made a favorable impression on his neighbors; so favorablethat they sent him to Richmond in 1782 as a member of the Virginia House ofDelegates. He became a prominent lawyer and was on his way to a successfulfuture. Mr. Marshall worked under the administration of John Adams starting in1798. He was offered the position of attorney general under George Washingtonsadministration, but declined because he wanted to stay with his family andpractice law in his home town of Richmond, Virginia. He was one of threedelegates sent to France by John Adams in 1798. His reasoning for taking thejob in France was partly because it was only a temporary mission and alsobecause he wanted to be of service to his country, aiding in peaceful relationswith France. When he found out that France expected to be paid, he was outragedand believed they were soliciting bribery. Although the mission to France was afailure, he returned to the US a hero. Marshall was appointed to the position of secretary of state by JohnAdams in 1800. He was put in charge of foreign affairs and was often left incharge of the government when Adams was gone.Then, later that year, he wasappointed to be chief justice of the US by Adams before Thomas Jefferson tookover the presidency. Thomas Jefferson soon took office and John Marshall was now chiefjustice. Although the two were distant cousins, they held very differentpositions and belonged to opposing political parties. Jefferson believed thatthe constitution should be interpreted strictly to keep the governments powerrelatively low. In the article, Mr. McGinty sums up Marshalls views of whatgovernment should be: Marshall believed in a strong central government, in theConstitution as the key to the laws of the land, and in courts as the supremecustodians of those lawsviews that would influence his shaping of the SupremeCourt. Marshall believed that the Constitution should not be interpreted asstrict, allowing the government to become more powerful. Possibly the most important case of its time was Marbury vs. Madison in1803. In this case, John Marshalls ruling set an extremely important precident. His ruling declared that a law was unconstitutional, therefore setting aprecident giving the Supreme Court the power to declare laws unconstitutional. Because of this ruling alone, John Marshall is a very prominent figure inAmerican history and American law, but his acheivements do not end at that. During John Marshalls life, and particularly during his reign as chief justice,the power of the judicial branch became equally powerful to the other branchesof the US government. .u0826ee060254721afabe14402b186b06 , .u0826ee060254721afabe14402b186b06 .postImageUrl , .u0826ee060254721afabe14402b186b06 .centered-text-area { min-height: 80px; position: relative; } .u0826ee060254721afabe14402b186b06 , .u0826ee060254721afabe14402b186b06:hover , .u0826ee060254721afabe14402b186b06:visited , .u0826ee060254721afabe14402b186b06:active { border:0!important; } .u0826ee060254721afabe14402b186b06 .clearfix:after { content: ""; display: table; clear: both; } .u0826ee060254721afabe14402b186b06 { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .u0826ee060254721afabe14402b186b06:active , .u0826ee060254721afabe14402b186b06:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .u0826ee060254721afabe14402b186b06 .centered-text-area { width: 100%; position: relative ; } .u0826ee060254721afabe14402b186b06 .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .u0826ee060254721afabe14402b186b06 .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .u0826ee060254721afabe14402b186b06 .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .u0826ee060254721afabe14402b186b06:hover .ctaButton { background-color: #34495E!important; } .u0826ee060254721afabe14402b186b06 .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .u0826ee060254721afabe14402b186b06 .u0826ee060254721afabe14402b186b06-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .u0826ee060254721afabe14402b186b06:after { content: ""; display: block; clear: both; } READ: Mining In Space -- AIAA And New York Academy Of Sciences On December 1 EssayBiographies