The Rule in Turquands Case free essay sample

The doctrine of Indoor management, popularly known as the Turquands rule initially arose some 150 years ago in the context of the doctrine of constructive notice. The doctrine of constructive notice of a companys public documents was, of course, abolished prospectively. The rule was partly dictated by practical necessity persons contracting with a company were not expected to spend their time checking that any required resolutions had properly been passed, at meetings that had been correctly convened, by directors whose appointments had been duly made. The rule in Turquands Case can operate in relation to any contractual obligation but has over the years frequently been raised in respect of a document to which the companys seal has been affixed. Professor Gower, summarizing the common law position in 1969, stated: [Where] the third party receives a document sealed in the presence of the appropriate individuals as stated in the articles of association, he is entitled to rely on its formal validity. We will write a custom essay sample on The Rule in Turquands Case or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Even if the board have never resolved that the document be sealed, he will be protected for he is not entitled to see the minutes of the board meeting which relate to a matter of indoor management and has no means of checking whether the internal regulations have been complied with [1] . In India, under the Indian Companies Act 1956, the rule has been recognized under s-290 and impliedly under s-81. The principle of indoor management is one of justice, equity and good conscience and has emerged out of the concept of Agency. The Indian Courts have been applying the Doctrine quite frequently and modifying according to the case in hand. The Paper seeks to answer how far the Turquand Rule has been instrumental in protecting the interests of outsiders transacting bona fide with a company. An endeavor has also been made to find out the application of the rule and its ramifications in the modern context. Indoor management: An antithesis to Constructive Notice principle The company is an artificial legal person. Its objects and powers are set out in the memorandum and articles of association as amended from time to time. The memorandum and articles, when registered, become public documents and can be inspected by any member of the public at the office of the RoC under Sec. 610 of the Companies Act on payment of a nominal fee. Thus, every person who contemplates entering into a contract with a company, has the means of ascertaining and consequently presumed to know, not only the exact powers of the company but also to the extent to which these powers have been delegated to the directors and of any limitation placed upon the exercise of these powers. Every person dealing with the company is deemed to have a constructive notice of the contents of its memorandum and AoA. Hence, if a person enters into a contract which is beyond the powers of the company, as defined in the memorandum, he cannot acquire any rights under the contract against the company. This rule proved to be too inconvenient for business transactions and hindered the smooth flow of business. The rigours of the rule was, therefore, alleviated by the judicial pronouncement in Royal British Bank v Turquand, and the doctrine of `indoor management serving as a partial exception to the doctrine of `constructive notice. While the doctrine of constructive notice seeks to protect the company against the outsiders, the principal of indoor management operates to protect the outsiders while dealing with the company. According to this doctrine, as laid down in the Royal British Bank case, persons dealing with a company are not bound to inquire into the regularity of any internal proceedings. In other words, while persons contract with a company they are entitled to assume that the provisions of the Articles have been observed by the officers of the company. It is no part of the duty of an outsider to see that the company carries out its own internal regulations. It is sufficient if the act is not ultra vires. The doctrine of constructive notice operates against the person who has failed to inquire. But the doctrine of indoor management can be invoked by the person dealing with the company and cannot be invoked by the company. The case of Royal British Bank v Turquand The case marks the very origin of the concept of the doctrine of Indoor management. In this case the Directors of the Company were authorized by the articles to borrow on bonds such sums of money as should from time to time by a special resolution of the Company in a general meeting, be authorized to be borrowed. A bond under the seal of the company, signed by two directors and the secretary was given by the Directors to the plaintiff to secure the drawings on current account without the authority of any such resolution. Then Turquand sought to bind the Company on the basis of that bond. Thus the question arose whether the company was liable on that bond. The Court of Exchequer Chamber overruled all objections and held that the bond was binding on the company as Turquand was entitled to assume that the resolution of the Company in general meeting had been passed. The relevant portion of the judgment of Jervis C. J. reads: The deed allows the directors to borrow on bond such sum or sums of money as shall from time to time, by a resolution passed at a general meeting of the company, be authorized to be borrowed : and the replication shows a resolution passed at a general meeting, authorizing the directors to borrow on bond such sums for such periods and at such rates of interest as they might deem expedient, in accordance with the deed of settlement and Act of Parliament; but the resolution does not define the amount to be borrowed. That seems to me enough We may now take for granted that the dealings with these companies are not like dealings with other partnerships, and the parties dealing with them are bound to read the statute and the deed of settlement. But they are not bound to do more. And the party here on reading the deed of settlement, would find, not a prohibition from borrowing but a permission to do so on certain conditions. Finding that the authority might be made complete by a resolution, he would have a right to infer the fact of a resolution authorizing that which on the face of the document appear to be legitimately done. (emphasis supplied) The Rule in Turquands case The case of Royal British Bank v Turquand [2] , refined the basic Common law of Agency to articulate the Doctrine of Indoor Management. The rule was enunciated by the Court to mitigate the rigors of the Constructive Notice Doctrine. Its importance arises in situations in which the third partys dealings are with some officer or agent other than the Board. The rule protects the interest of the third party who transacts with the Company in good faith and to whom the Company is indebted. The rule enunciated in the decision is often referred to as Turquands rule and indoor management rule. The gist of the rule is that persons dealing with limited liability companies are not bound to enquire into their indoor management and will not be affected by irregularities of which they had no notice The rule enunciated in Turquand has been applied in many cases subsequently and generally in order to protect the interests of the party transacting with the Directors of the Company. Applying the rule, now it can not be argued that a person having dealings with a Company is deemed to have notice of who the true Directors are, and this being shown by public documents i. e. he registers of the directors required to be maintained by the Company and the and the notices of changes. To put it precisely, where an agent was acting apparently consistently with the Companys constitution, the third party was not affected by any internal irregularity. For instance, the lack of disclosure of a Directors interest in the Board as required by the articles, sine he could not discover whether such dis closure had or had not been made [3] . Third parties did not have notice of matters not on register. Only actual notice of the irregularity would affect him.

Analysis of Dead Man Walking Essay Example

Analysis of Dead Man Walking Essay Example Analysis of Dead Man Walking Paper Analysis of Dead Man Walking Paper Dead Man Walking Meaning The United States has one of the few overspent, and majority of citizens who condone and continue capital punishment. In the book Dead Man Walking, by Sister Helen Prepare, the topic of capital punishment is discussed through an eye-witness account of her experience befriending a death row inmate. It takes place in New Orleans and Baton Rouge, Louisiana from 1982-1991. Sister Helen is asked if she would be willing to correspond with a death row inmate. When she agrees, she is assigned to Elm Patrick Sonnies, a man convicted of raping and murdering a young woman and her boyfriend. This kook is written in a first-person, subjective narration from Preseasons perspective revolving Mr.. Sinners and Sister Helene interactions, and throughout the trial involving Mr.. Sonnies death sentence. There are many effective devices used in this book that strongly show her opinions towards capital punishment, and convincing the audience that capital punishment is morally wrong and fundamentally flawed. Sister Helen does this by using with the use of pathos. She utilizes the use of pathos predominately by her compassionate tone of voice, the importance of personal accessibility, and the moral cost of executions. This is her most effective argument showing why the death penalty is wrong. The first effective argument opposing the death penalty that Sister Helen uses is the use of pathos. She uses pathos by her compassionate tone of voice, the importance of personal responsibility, and the moral cost of executions. Her tone of voice can be interpreted by multiple passages. There is a clear passage showing her compassion towards Mr.. Sonnies. He looks up at me. Sister Helen, I am going to die. My soul rushes towards him. I am standing tit my hands against the mesh screen, as close as I can get to him. I pray and ask God to comfort him, cushion him, wrap him round, give him courage to face death, to step across the river, to die with love. The words are pouring from me. (88) This shows the compassion she has towards Mr.. Sonnies and the situation involving his death. She genuinely wants him to feel comfortable, loved, and peaceful in his last moments on Earth. Saying that her soul rushes towards him, meaning that she feels an internal force to comfort him, that she feels a compassion to help this man, not just an obligation. This tone of voice, showing compassion, using pathos by showing the audience the emotion involved in death row inmates and the people involved in their lives. This shows how Mr.. Sonnies is human, and others are still capable of having compassion for him. That regardless of his actions, he has people who care about him and who are we to in the name of Justice end these relationships and his life? This causes the reader to see the inmate on a more personal level. Compassion is more prevalent, once a person is able to see themselves in the persons situation. This can be seen discussed for centuries. In the story of Plainclothes was a good man and a good soldier. He one day was bitten by a snake, that caused him horrendous pain, which in return he shouted religious obscenities that offended his fellow soldiers. His commanders then decided to leave him to suffer. He lives in pain, with animals as his friends and his food. According to the story, the chorus of soldiers that heard about his story 10 years later, decided even before they see the man, they imagine vividly what it is like to be him- and they enter a protest against the callousness of the commanders and demand to go back and save him. For my part, I pity him- thinking of how, with no living soul to care for him, seeing no friendly face, wretched, always alone, he suffers with a fierce affliction, and has no resources to meet his daily needs. How in the world does the poor man survive? Nassau 27) This story is another example of how even when a person makes a mistake, if you can put yourself in that persons position, or see them on a more personal level, naturally humans are to have more compassion for the person. This is what Sister Helen does, by showing emotion and compassion through her tone of voice, aiming to make the audience see Mr.. Sonnies as a person, who deserves life. Another way Sister Helen uses pathos to express that all criminals deserve life is by solidifying the importance of personal responsibly. She explains the refusal for personal responsibility in this passage: Who killed this man [Patrick Sonnies]? Nobody. Everybody can argue that he or she was Just doing a Job the governor, the warden, the head of the Department of Corrections, the district attorney, the Judge, the Jury, the Pardon Board, the witnesses to the execution. Nobody feels personally responsible for the death of this man. 101) This aims to show the audience that each person involved in the case, and execution should feel as if in some aspect, it was if they each pulled the switch that caused the man to lose his life. That from the governor who feared a loss of support for his campaign if he was to oppose Mr.. Sonnies death, to the head of corrections who organizes the executions who which feels that the death penalty is morally wrong. She raises the question, if these people are against the death penalty, shouldnt they have a personal responsibility to stand up for the inmates facing execution? What is the severance between personal values, and personal duty? These are reasons she feels there is personal responsibility involved in the death penalty that people refuse to believe, adding to her argument opposing capital punishment. The last form of pathos she uses to show why capital punishment is wrong, is showing the morality involved in executions. She wants the reader to see the immoralities of killing a man in the name of Justice. How is a government to say they are powerful enough, or wise enough to take the life of a man? She claims Government cant be trusted to control its own bureaucrats or collect taxes equitably or fill a pothole, much less decide which of its citizens to kill (21) Society condemns the men who take the lives of others, but when it is done is the hands of the government, is it right and Just? How does the government have the right to such an absolute power, which is death? Throughout the whole first-person account, she is constantly questioning the morality involved with legal murder. She believes that an eye for an eye, is not to be taken literally. That the Jesus she believes in does not mete out violence with violence, pain with pain, torture with torture. She believes that people can be forgiven by God, and do not deserve to be removed from the world before they can redeem themselves to God. Also, as long as they removed from society, and the possibility to kill again, that is as moral and Just as punishment can be. The Iowa Supreme Court stated this, Crime indicates a diseased mind in the same manner that sickness and pain do a diseased body. And as in the one case we provide hospitals for the treatment of severe and contagious diseases, so in the other, prisons and asylums should be provided for similar reasons. (Regis) This goes along with Sister Hellene statement that imprisonment is the only moral way to punish criminals, that death passes the line of morality. As a hospital is made for the diseased, prisons are made for the criminally deranged. There are places made for people who commit crime, and they have a right to be put where they are designed to go. Death is a design far to cruel, for anyone with a moral conscience to enforce. Sister Helen has a very graceful way of explaining why the death penalty questions morality and does this through the strong use of pathos. Pathos are used in this non- action book by Sister Helene strong, compassionate tone of voice, the question of moral responsibility and the immorality of capital punishment. She does this through several passages, that show her compassion, her call-out to the people involved in Sinners murders, and how governments should not have an absolute power which is death. In conclusion Sister Helen makes many strong points that show multiple reasons why the death penalty is an unjust, and immoral way of punishment. She makes the reader question their opinions on capital punishment, and proves over and over how wrong it is. The opposing side is mentioned, but she always has an intelligent, emotion-stirring response.

UVA Acceptance Rate: What Does It Take To Get In?

The University of Virginia accepts 27% of students. What does it take to get in? One of the most prestigious public universities in the nation, the University of Virginia was founded in 1812 by Thomas Jefferson. The school prides itself on cultivating leadership and providing education at a reasonable cost. Located in beautiful and historic Charlottesville, UVA boasts distinguished faculty and alumni, numerous research opportunities (especially in medicine), and emphasizes the holistic student experience. If you are looking for one of the best educations you can get at an affordable price, UVA might be the school for you. Keep reading to learn more about the tips that have helped ’s students get into UVA. Apply using the Common Application or the Coalition Application. We recommend that students use the Common Application, because it is more established than the Coalition Application. Students must apply by November 1 for Early Action, or January 1 for Regular Decision. To apply, be sure to send in all of the following: Getting into UVA takes hard work—last year only 27% of applicants were admitted. UVA had 36,779 students apply last year, and only 10,058 were admitted. As of their Early Action deadline this year, they already had 24,950 applications, so it’s definitely a popular choice for many high-achieving students. UVA has a preference for in-state students, aiming for two-thirds of the student body to be from Virginia. Last year, 39% of Virginian applicants were admitted versus 22% non-Virginians. If you aspire to attend a school like the University of Virginia, it’s critical to surround yourself with people who have been through the process previously. offers mentorship for underclassmen and applications counseling for seniors to help you set yourself apart from the crowd. Even if you don’t choose to work one-on-one with one of ’s trained near-peer mentors, connecting with someone who has successfully gained admission to a school like UVA can make the difference between rejection and acceptance. UVA is interested in you as a person, not just your grades or your essays. Use your application to reflect your strengths in these areas. Academics. You’ll want to take challenging courses throughout high school, but you’ll also want to do well in them. Last year, 89.4% of the enrolled students ranked in the top tenth of their class. For standardized test scores, the middle 50% of admitted students earned SAT scores of 1320-1500 and ACT scores of 31-34. It’s important to note that UVA is a Top 40-50 college for in-state students in terms of profile competitiveness. UVA for out-of-state students, however, is about as competitive as a Top 20 college (more than USC/UCLA, slightly less than UC Berkeley). Students should keep this in mind when looking at overall admissions statistics like GPAs and test scores. Extracurricular activities. UVA admissions officers don’t care about what you love so much as that you pursued your passions meaningfully. This could mean founding new clubs, taking on leadership within existing school organizations, or creating opportunities within your school and community. But formal leadership isn’t the only way that you can show your passion—pursuing excellence through competitions or serving your community as a dedicated volunteer can demonstrate how you live your values. Character. UVA spends a lot of resources on their students, providing enriching research and study abroad opportunities so that students can develop as leaders and pioneers in their fields. Use your essays to showcase your strengths and values, and choose recommenders who know you well enough to write a compelling letter for you. Contributions to Community. UVA wants to bring together students with a wide array of talents and past achievements who will be a credit to their school. Whether you’re a leading medical researcher in the making or an aspiring entrepreneur, show how you will bring new ideas and energy to UVA’s community. Submit your application early if you’re out-of-state. Applying EA at UVA has some value for out-of-state students but holds little admissions value for in-state students. It offers less of an admissions boost overall, however, than other colleges with unrestricted EA. Also know that UVA tends to accept more students off the waitlist than peer colleges. So students who have lower chances should still consider applying to UVA, and waitlisted students should always follow the full follow-up process. Our Early Advising Program helps students in 9th and 10th grade discover their passions and build strong academic and extracurricular profiles to succeed in high school. Explain how your choice of school plays into your goals for college. When you apply to UVA, you’ll apply to one of 5 schools: the College of Arts and Sciences, the School of Architecture, the School of Engineering, the School of Nursing, or Kinesiology. You don’t choose a major until the end of your first or second year at UVA, so really hone in the reason behind your selected school and what your academic goals are. Tell your story. The only things that a UVA admissions officer knows about you is what is in your application, so make sure you highlight your strengths, your values, and your passion. To provide a little extra insight into who you are, consider including the arts supplement if you are talented and have earned awards at performances or showcases. Partner with recommenders. Most students choose a recommender and let the recommender do all the work. But because UVA doesn’t accept supplementary materials beyond the arts/architecture supplement, you need to make sure that every piece of your application is strong. Brainstorm ideas of what to include or emphasize in your letter with your recommender, and let them read drafts of your essays. Give them all the help they need to make their letters flow with the rest of your application. UVA receives more qualified applicants than it can admit each year, so don’t be too hard on yourself if you’re ultimately rejected. There are many other amazing schools where you can find success. Admissions appeals are not accepted due to the long list of qualified applicants on the waitlist. We do not recommend petitioning your decision. UVA does accept transfer students, but you need to have at least a 3.0 college GPA, and ideally a 3.5 GPA. The transfer acceptance rate is still selective, ranging from 35-40%. You may want to consider attending Virginia Community College to guarantee your ability to transfer. We think that the best option, however, is to commit to another equally great school. If you still want to transfer after a year or two, you can consider it then. If you’re looking

Coming of Age in Mississippi Paper Essay Example | Topics and Well Written Essays - 1250 words

Coming of Age in Mississippi Paper - Essay Example Since this kind of racism is a big part of the American experience for African-Americans in the past, it is important to know about it. The book is set during the 1960s as well, when the civil rights movement was in full swing and it was often very dangerous for African-Americans. That makes this book an important read to anyone who wants to know about this time period in America. During her childhood, Anne was named Essie and she grew up in the rural part of Mississippi in Centreville. Her family was poor and the white people they worked for usually did not treat them nicely. In addition she had family problems, as her father was abusive and then abandoned them. Her mother settles down with a new man, but has more children and times are still difficult. From a young age, Anne had to work after school to make sure her family had enough money to eat. At the beginning of the second section, she becomes aware of the horrible things about race in a new way when she hears of a fourteen-ye ar-old black boy being killed. Throughout high school she becomes more and more worried about things like this, being almost obsessed with killings and KKK attacks on other African-Americans. She goes to college after getting a scholarship to play basketball and while she is there she decides to take part in the NAACP. Her family is upset about this because white people threaten Anne and her family because of it. After college Anne becomes a member of something called CORE and goes to try and encourage African-Americans to take a more active part in their civil rights movement. This part of the book really shows the tension between Anne and many of the other characters, as even among the civil rights activists she is seen as sometimes too serious. The book ends with Anne growing unhappy with how the movement is going because nobody's life is really being improved. Coming of Age in Mississippi is a powerful book that really had a big effect on my way of thinking. Although I have grow n up in the American South in Tennessee, Georgia, and Texas and am not white, I have never experienced anything close to the kind of racism that Anne Moody talked about in her autobiography. It was really an eye-opener to me to read from someone who experienced about how bad things were in those days. After reading about her experiences as a high school girl and especially when she was involved in CORE and trying to get African-Americans to vote in Canton, Mississippi, I now look at the slight racism that still exists in America in a new light. It makes me want to take this book and show it to people who just take their lives for granted in the USA. Even though the book is sometimes very upsetting, I did find myself enjoying it a lot. The author is a very good writer and knowing that she really went through everything in the book made it very easy to get into and forget what time it was. This is hard to do. The things I liked the most about the book was the way that Moody did not sh y away from using strong language if that was what the people it represented would have used. For instance, when Anne finds out about the murder of fourteen-year-old Emmet Till at the beginning of chapter ten, the boys she is with swear quite a lot because they're angry with her for not paying more attention to her own community. This also makes us see Anne's character as a more real person, because she is not trying to pretend that she

Budgeting in Health Care Organizations Essay Example | Topics and Well Written Essays - 750 words

Budgeting in Health Care Organizations - Essay Example There are numerous other types of budgets such as annual statistics budget and revenue budget and they vary according to their purposes (Gapenski). These budgets can vary across different health care institutions. The reason for this is the diversity of the financial structures, organizational culture and reporting systems of organizations (Finkler and McHugh, 2008, p.171). The process by which health care organizations design and implement budget based on such organizational structure, culture and reporting system determines whether they will achieve budgeted operating margin targets. This is demonstrated in the experience of University of Utah Hospitals and Clinics (UUHC). It was found that the institution's personnel are not knowledgeable on budgeting and finance and that there is no organizational mechanism or aspect of the organizational culture that encourage the education of the staff. As a result, expenses always exceed the budget and what is worse, the extra expenditures are found to be unnecessary (Clark, 2005, p.79). Budgeting, or correct budgeting, is important because it supports the operation of the health care organization. ... lth care institutions and it needs budgeting in order to maintain positive performance and deal with problems, such as "shrinking revenues and rising expenses" (Schwieters and Harper, p.76). The benefit of budgeting is aligned with the importance of cost information. As managers and hospital personnel are informed about budgeting and cost, a sound operating budgeting process can finally be implemented in order to achieve financial health. This point was explained by the intervention introduced at UUHC in 2004 to improve budgeting results. The organization pursued an aggressive education drive for its staff about budget and finance, "offering incentives to stay within budgets, holding budget variance meetings with managers, and requesting corrective action plans from managers". The result was improved budgeting performance. The intervention model highlighted by the case of UUHC included an important tool in budgeting: variance analysis. It is a method that focuses on comparisons of ac tual results and budgeted expectations for each line in the budget of each cost center in the health care organization (Finkler, Ward and Baker, 2007, p.200). The flexible budgeting variance analysis is one of its types that is widely used in health care organizations. The methodology follows a framework of gathering information the comprehensively cover the composition of departmental expenses. This could lead UUHC, for instance, to subdivide total variance (the difference between standard prices and quantities and actual prices and quantities) into three: price, quantity and volume (Baker, 1998, p.128). Baker explained these three in detail: Price variance pertains to the proportion of the overall variance caused by the differences between actual and expected price input; Quantity

National Discipline Awardee Essay Example for Free

National Discipline Awardee Essay â€Å"A person is not measured by his accomplishments or possessions, but how he deals with people and how deep his relationship with God is. † Young as I am, I have been taught by my God fearing parents to value everything – big or small – that we have. I am not from a prestigious clan or a well-off family but I feel privileged because I was able to see life more meaningful and worth living. It’s all because of my loved-ones that keeps me going. Amid the crucial days that come my way, I would be standing there because I believe that tests won’t be given to me if I cannot surpass them. Being chosen as a National Discipline Awardee is another challenge for me. Challenge because I have to prove everybody that I deserve that award. Nevertheless, they would probably look at me with their eyes stick on everything that I will do and on decisions that I will make. But, I don’t mind them. I have nothing to do. I just have to be myself. I don’t have to be somebody else just to please everybody. I am confident that what I have right now is the fruit of what my parents taught me ever since childhood. The virtues that they implanted in my heart helped me a lot in achieving my goals and dreams. And now, it’s my turn to give them something that they can be proud of. This award would definitely give them so much joy. And as for me, it’s indeed an honor. But I know, it doesn’t stop there, it is better if I could share something for our society especially for the youth. I have often wondered how some of our youth today were greatly influenced by the modern trend. Some lives have gone astray and dreams of a good future vanished. All because of the bad vices that they have been practicing which they learned from the BAD influences in our environment. My heart bleeds every time I will see parents working so hard just to give their child all the things they need. Yet, their deeds often neglected. I guess, what is lacking, is the discipline in our youth sector. Our teachers never failed to remind us that resorting to drugs, alcohol, premarital sex and other form of vices is an immoral act or habit. And this will definitely ruin their lives and bring nothing but trouble. So instead of doing so, I learned to respect y God-given life, and nurture the talents that I have. â€Å"Discipline† of the youth, is what we need, and that is being pure in thoughts, in words and in deeds. It has been said that you may whatever you resolve to be. You must be determined to be something in the world, and you will be someone or something. â€Å"I cannot† never accomplished anything. â€Å"I’ll try† has wrought wonders. Opportunities – that would direct my lives, trials – that would teach me lessons, and decision-making – where I can apply all lessons I’ve learned from my daily experiences, will always be just around the corner, playing a vital part in my personal life. But what really matters, is that I know I have this determination and will to overcome difficulties and hardships. I may not be from a well-off family nor has deformity in my physical aspect; I believe I would never get tired of trying and trying again. For it is only in the minds of my detractors that I can’t do it. Failure is not a hindrance for me to stop believing and dreaming rather I make it an inspiration for me to try and strive my best even more and have enough perseverance to attain success. Lastly, I learned to think less of myself. I found out that there should be selflessness and diminish in my heart selfishness. For I believe that it is only through selfless love that I can find true happiness. Reaching out for others especially in the needs of time and sacrificing my personal advantages or desires for the good of the masses gives me fulfillment in my heart. Sharing my time, talents as well as blessings with my brothers and sisters is the best way to say â€Å"Thank you† to God. Above all this, I would like to put emphasis that being a good role model for my fellow youth is simply what I can do to make this country a better place to live in.

Dust Bowl :: essays research papers

  Ã‚  Ã‚  Ã‚  Ã‚  Dust Bowl   Ã‚  Ã‚  Ã‚  Ã‚  When a dust bowl hits ground it’s like nightfall’s in seconds. You could not experience this type of feeling any where in less you were there at that moment. People were frantic. They thought it was the end of the world as they new it. People were coming down with mysterious illness. Both men, women and children were not sure if they would live the next day. This was the wrong time at the wrong place. Nobody could have known that this would have happened at this time. It was an act of god, people thought. They thought he was mad because farmers were plowing up the fields and steering up dust.   Ã‚  Ã‚  Ã‚  Ã‚  In 1931 the best place in the United States to be a farmer was the Great Plains. Farmers were promoting the southwest, (Taxes) saying that when one would plow the dirt it looked like a sea of choc let, when they did not know of the endless drought that was ahead. In the 1920’s the tractor was invented to speed up the process of plowing. A horse could plow two to three acres a day. A tractor could plow fifty acres a day. That was a huge difference in a farms life style. He had more time to spend with family and to get other chores done. Dust would build up in the air but the rain was not falling. Breathing became difficult because dust was hitting nose, eyes, and mouth. Kids had to start warring dust masks to school. It was a requirement by the Red Cross. After a dust storm the plowed soil would be swiped away and you would find mounds and mounds of dirt off in the distance.   Ã‚  Ã‚  Ã‚  Ã‚  Kansas, Colorado, Okalahoma, and Texas were where the dusts storms were taking place. A resident of these states thought it was just a sudden hold up. But what they did not know is that this storm would last a decade. Dust was found everywhere. They would find dust in food water and creeping thought the windows at night.

The Use of Money as a Motivational Factor in the Workplace

Haohan Wu Vladimir V Kalugin PHIL 305 08. 19. 2012 The Use of money as a Motivational Factor in the Workplace Claim: This paper aims at proving that the use of money as a motivational factor in the work place is equitable to a bribe and should not be allowed. Explanation of the Claim: To start off, there is need to explain as to what motivation means and how money comes into the equation. According to Saddiqui, motivation is the act of giving another person the incentive or a reason to do something (1).That is, giving the individual the hope or support to carry out a particular act. Psychology Today quips that motivation is the desire to do something (2). As such, motivating is the act of creating the desire to do something in an individual. That is, propelling someone towards doing a particular thing as opposed to pushing an individual away. To further explain the aspect of motivation, Bizhelp (para. 1) explains the Herzberg’s Two Factor Theory of motivation, which has it tha t there are two types. First of all are the factors that motivate the individuals to continue working.These are the factors that make the people appreciate their job; hence they continue putting all their efforts at it. On the other hand, there are the factors, which prevent job satisfaction. These are not, in whichever way, related to the happiness of the individuals. Rather, they just remove the unhappiness from work; hence making the people work more comfortably. In other words, they are referred to as the hygiene factors. Business Plan Hut explains that there are many ways of motivating the employees and those monetary incentives are one of the many ways (para. ). With the concept of motivation well explained, there is the need to look at the definition and explanation of a bribe, so that a comparative analysis of the two can be carried out to show that monetary incentives and the bribe are one and the same. According to the Merriam Webster Dictionary, a bribe is â€Å"money or favor given or compromised in order to influence the judgment or conduct of a person in a position of trust, or something that serves to induce or influence† (1). By bringing these two definitions together, that is the efinition of motivation by money and that of a bribe, it can be seen why this essay takes that monetary motivation is equivalent to a bribe. It comes out quite clearly that money is a major factor in bribing, just as it is when used as a motivation factor. The above explanations bring about a controversial issue as pertains to the issue of using money as a motivational factor. It is, therefore, quite important to look at the issue in more detail so as to come up with a solid argument as to whether money should be used as a motivation factor or not.The argument will be largely based on the definitions given, and will rely on the understanding of the writer as pertains to the issue of money and motivation. These factors will be explained in detail in the followin g section of the argument. Reasons for the Claim Below are some of the reasons as to why this paper holds that monetary incentives should not be used as a motivation factor within the workplace: 1. From the definitions given above, it can be seen that a bribe is a monetary incentive given to an individual so as to sway his decision or act in a given manner.In other words, it is practically buying an individual so that he can act in a manner that is in accordance with the desire of the individual giving the bribe. The same happens when an individual is given an incentive as a motivation factor. It is aimed at making the individual feel kind of obliged to give a particular service or deliver given results so as to get the incentive. By any means, this is a bribe in disguise, and should not be allowed at all since it leads to the corruption of morals within the organization. 2. Monetary motivation can be seen as a form of manipulation of the employees.This is where they are put in a po sition where they have to fulfill a particular requirement so that they can have the incentive. Practically, it is the kind of analogy where the employee plays the dangling carrot with the employees. The employees feel or assume that they are working hard so as to get a specific reward, while in the real sense; the employer is playing his cards so as to make the employees work even harder for him. The monetary gain seems so enticing for the employees that they work so hard just to get it, while all the time, the employer gets the lion’s share. The trick works in the exact manner as a bribe.Give something little and get much in return. 3. Monetary incentives can ruin or corrupt the morals within an organization. This can be seen in the cases where the employees understand that they have to achieve something or hit specific standards so that they can get the reward that is promised to them. As such, they can go to whichever ends so as to reach these standards, due to their need for the money. This works the same way as a bribe does. When people are bribed in order to do something, they have to make sure that they use whichever means possible to arrive at the expected result.Whether the means are wrong or right. In other words, there is total disregard of transparency or the ethics code of conduct. 4. Lastly, there is the fact that monetary incentive as a motivation factor can plant conflicts and unnecessary or unhealthy competition amongst the employees. It is well known that different people are motivated by different factors just as they are gifted differently. As such, when the rewards are given in terms of cash, there is a high possibility that those who get the reward work hard and continue delivering the results while those who do not get the reward are de-motivated.This works out exactly like a bribe. Some people are favored and others are not. Rivalry comes in within the organization and the performance is hindered. This caps the reasons as to why monetary motivation should be avoided. Therefore, there is always the other side of the coin in everything. In this case, there is another argument as concerns the use of monetary motivation, which tries to indicate that it should be allowed. The reasons are as stated below. i. First of all, it is acceptable that there are many ways of achieving a set goal. The same applies in the work place.When there is the need to motivate the employees, there are various methods that can be applied. The use of monetary incentives is just one of them. Therefore, there should be no hullaballoo as to why the monetary motivation is not used. In fact, monetary incentives hit the charts as one of the most effective ways of motivating the employees to achieve the goals of the industry, which puts the organization on the right track to achieving its overall objectives (Anon. , 1). ii. Just like in any other setting, it is agreeable that there are always the positive and the negative sides of any given act.As such, there are the advantages and the disadvantages of using monetary incentives as a form of motivation. As such, there is no need to demonize the act and term it as a bribe. Otherwise, if this was to be taken as the standard in different arguments, then a lot of activities would be written off since there would be the dark side in every single of them. In this case, the focus should be on the positives and the negatives, and whichever wins carries the day. Monetary motivation should not be ruled out even before it has been tried. iii.It is well known that in the business setting, the ultimate goal is to make profits and be the most competitive. This does not come all that easily since there are various hurdles that have to be overcome. Just like in any field, there have to be ways of going about these hurdles. When it comes to the employees, motivation, nothing seems to work out better then the use of the monetary incentives. As such there is no reason as to why this shoul d not be employed in the business setting. iv. Lastly, it can be said that the main reason as to why people seek for employment is so that they can make money.This means that they work hard so that they can achieve this goal. As such, it can be seen that the main reason as to why they are motivated is what they get from the employment. As such, when monetary incentives are used as a motivation factor, they do not come in as a bribe. Rather, they just indicate to the employees that their hard work is all that matters. The more you work, the more you get. Simple and clear. Decision After looking at the reasons and the arguments presented above, this paper goes in favor of the claim. It, therefore, agrees that the use of monetary gains as a motivation factor should not be encouraged in the work place.It is equitable to a bribe, which is ethically and morally wrong. The reasons for taking this stand are well explained in the section that follows. Rebuttals i. While it is acceptable that there are many ways of motivating the employees, it is also important to look at the various outcomes of the different strategies that are applied. In this case, it has been proven that the use of money as a motivation factor has quite a lot of disadvantages that put the organization’s integrity at risk. As such, there is no reason as to why this method should be chosen while there are others that deliver the same result but at a much lower risk.Business entails making wise decisions, and using monetary motivation does not pay out in this case (Burns, 1). ii. As already explained above, being in business entails looking at the prevailing situation, analyzing the benefits and demerits of a given decision then making a decision from this analysis. This calls for a very practical and critical mind that cannot be deceived by the face value of a deal that seems to be so good. For this reason, it is agreeable that the use of money as a motivation factor has its advantages and disa dvantages. After weighing both, it appears that the disadvantages are more.Why, then, should an organization take the risk while there are other safer ways of getting the work done? iii. It is commonly said and known that two wrongs do not make a right. In the business sense, it cannot be denied that there are the hurdles that have to be overcome. But just because the hurdles are there, it does not mean that anything passes as long as it aims at dealing with the hurdles. Rather, the spirit of doing things right should apply in this case. The hurdles should be overcome in a manner that does not create more problems. The methods used should be very ethical and straight. v. It is true that the reason as to why people seek employment is so they can make more money and live more comfortable lives. It is also true that people who get into crooked deals such as corruption, vandalism and embezzlement of funds also do so in a bid to make more money and live good lives as well. As such, this cannot be used as the reason fro using money as an incentive. After all, human wants are insatiable and money cannot quench them all. Instead of providing a shortcut to making more money, organizations and businesses should focus more on doing this in the right manner.Works Cited Anonymous. Employee Morale. Business Community, 2012. Web, 24th July 2012, http://www. ehow. com/employee-morale/ Bizhelp. Motivation in the Workplace. Bizhelp24. com, July 21, 2012. Web, 24th July 2012, http://www. bizhelp24. com/personal/employment-and-personal-development/motivation-in-the-workplace. html Burns, Gabriel. The Disadvantages of Extrinsic Motivation. Ehow. com, 2012. Web, 24th July 2012, http://www. ehow. com/list_6534932_disadvantages-extrinsic-motivation. html Business Plan Hut. Motivating Employees. Businessplanhut. com, 2012. Web,

Why did Elizabethans voyage overseas and were they successful?

During the middle ages Europeans know little about the rest of the world. Silks, spices were brought overland to Europe from India and china, but sailors didn’t dare to sail the unknown seas. In this essay I will be discussing why Elizabethans were made to go on over sea voyages in the 1550s during the time of the cloth trade collapse. What did England achieve from these successful voyages over sea and what new markets did they find to sell their goods also how did Britain become the most powerful country in the world . In addition to who were the sailors that helped England claim power and wealth? Between 1430-1530 European sailors began making voyages across the oceans. In 1550 the cloth trade collapsed . Merchants need to find new markets in which to sell their goods. Markets such as the Muscovy company which traded with Russia in timber and lurs also the East Incia Company which traded with India and the Far East in silks, spices, cotton and tea in addition to The Levant company which traded with countries around the eastern Mediterranean in currents and dyes. They went across the world to sell their English cloth and at the same time giving people in other countries a chance for ‘All savages, so soon as they began to taste of civilisation ‘which was said by Richard Hakluyt in his book ‘The Principle navigations, voyages and discoveries of the English Nation ‘in order to encourage overseas voyages . This encouraged English sailors and more people become interested in these voyages over sea. Richard Hakluyt thought that from these voyages over see the navy would be enlarged making England more powerful and become the greater country as he says ‘By these voyages our navy shall be enlarged ‘it was stated in his book. In addition the fact that the navy will become bigger just like Spain and Portugal’s, men and women shall work there will be more employment opportunities available which means that more money will be coming in to the nation ‘it will prove general benefit into our country ‘ . They would also gain more money as they would be going overseas and selling spices , which links into the trade markets especially The East Incia company which traded silks and spices . There were monopolies on the trade companies. Monopolies is when you have control over a given market, you are given a legal piece of paper (warrant)telling you that you could trade with that company , but that warrant didn’t come free you had to bid for it in order to get it . The companies paid Elizabeth money so that they could get their warrant and trade with the country that they wanted to trade with. The money which was used to pay for the warrants goes to Elizabeth so she can then deal with her economical problems and the debt that her sister Mary put her in of ?250,000. After the monopolies expired you would have to pay again for them and get it renewed or else you could no longer trade in that area. Merchants, nobles, and even the queen invested in these voyages . They made large profits from captured cargoes like gold and silver. Francis Drake stole silver, gold and jewels from Spanish ships coming from Mexico. This gold and silver benefited the economy as it made them more money. Gold was brought by the rich, who had to pay tax which helped Elizabeth pay her debt as she was the government and received the money. Drake's successful battles against the Spanish helped England become a major sea power. He was the First Englishman to sail around the world. On the way round the world, Drake landed in what is now California, naming it Nova Albion (New England) and claiming it for his queen. Drake returned from his voyage with his ship packed full of spices from the Indies, and plundered Spanish silver and treasure. Drake was knighted by Queen Elizabeth l for his courage, and for the treasures he brought back with him. He brought back enough treasure to pay off the entire national debt. John Hawkins was a cousin of Drake. He was the first Englishman to trade in slaves. He bought slaves in West Africa and sold them to the Spanish colonies in the West Indies, often raiding Spanish ships as he went. After retirement he built ships for the navy. Sir Walter Raleigh led many expeditions to America and introduced tobacco and the potato into England. He chose the name of the first English colony in America. He named it Virginia after Queen Elizabeth. However some sailors were unsuccessful like Sir Humphrey Gilbert who explored the north coast of America but was never seen again. Also Sir Walter Raleigh of 1595 who set to sail for south America hoping to find El Dorado , a legendary city full of gold . He never found the city and never returned with any gold making him useless to the country as he did not benefit it. England had more power, defence and a stronger navy than before as British sailors improved their skills in sailing and fighting at sea. New and faster ships were built by Hawkins. These ships helped in the Spanish armada in 1558. By 1603 England had become the greatest sea-power in the world. In conclusion the Elizabethans were successful on their voyages overseas as Britain became the most powerful and richest country in the world by 1803. The trading companies became very wealthy in the seventeenth century. England had the greatest sea-power in the world which lasted until the twentieth century. They were encouraged to go on voyages overseas so that they could trade with other companies as they needed new markets to trade with after the cloth collapse and become wealthier as I stated in the essay. Sailors like Francis Drake helped gain success on voyages overseas.

The Great Awakening essays

The Great Awakening essays The Great Awakening started as a questioning of religion and authority of government. This led to tolerance of new beliefs. The Great awakening created a sense of shared American identity that affected the people who experienced it all across the colonies. People grouped together no matter were they were from or whom they were. It also led to religion for black slaves and Indians because of missionaries. There were many causes and effects of the great awakening. One cause was the low attendance at churches. People thought what is the need to go to church if we can earn or way to a higher place ourselves? After people challenged the church the thought why cant we question the government? The government was threatened by this because they knew the people could and would. It had many effects like the growth in amount of churches. The churches were very competitive to get people to attend their churches. It also lead to many new colleges referred to as the New Light. The great awakening had a very intense religious revival. There were many people who led revivals for religious reasons. Jonathan Edwards was one of the first and then George Whitefield who made the biggest impact of all the revivalists. George Whitefield went along the Atlantic seaboard preaching looking for sinners who would convert. People who converted felt very independent being able to do what they wanted freely. People who did not convert criticized conversion, also viewed the converters as a threat to established order. The awakening gave America a sense of shared identity. During the great awakening everyone came together due to religion and to convert. Even Indians were involved with Americans religion because of missionaries. All people no matter what race, sat in the same church listening to people like George Whitefield. The awakening was a big step because it brought all people in America together. ...

The United States and Syria Conflict Essay Example | Topics and Well Written Essays - 1500 words

The United States and Syria Conflict - Essay Example For this reason, the paper will dwell on the prospects for long-term peaceful relations between the United States and Syria Syria In brief, Syria is one of the most heterogeneous states in the world. It holds in its land a vast number of sectarian and non-sectarian groups that are autonomous and independent. The diversity within the state is considered as a hindrance in the creation of policies and the establishment of a strong government. In totality, there are almost 19 million people in Syria which are divided into ten major sects. The Sunni Arabs compose 65 percent of the total population in Syria, followed by Alawis with 12 percent, Christians with 10 percent, Kurds with nine percent, Druze with three percent, and the remaining percentage is composed of Assyrians, Bedouin, Circassians, Ismailis, and Turcomans. Among these fractions, the group that greatly challenges the Syrian government is the Kurds and the Sunni Islamists. Along with this, the Syrians have considered a pan-Ara b identity which causes them to be generous to Arab countries, which allow the Arab refugees to take flight on Syrian land. Currently, Syria, under the regime of Bashar al-Assad, is portraying as â€Å"spoilers† by acting as a benefactor of the Palestine militants. Aside from this, it also often rearms Hezbollah. With this matter on hand, Syria has become more estranged from the United States which had caused Syria to create a strong relationship between Iran (Kaplan, 2008; Sharp, 2010). Relationship of the United States and Syria As an overview, the relationship between the United States and Syria was a diplomatic relationship after Syria achieved its independence in 1944. The diplomatic relationship worsened during 1967; however, it was reestablished during 1974. Syria has become part of the list of states terrorism sponsors of the United States since 1979. However, within the years 1990-2001, the two countries had cooperated in some of the issues involved in the regional l evel. However, in 2003 to 2009, the government of Syria was unable to prevent the country from being a passage point of the fighter which is on their way to enter Iraq. Also, another cause of the conflict was that Syria was unable to deport some of the supporters of Saddam Hussein, and it had also protected the Palestine opposition group in Damascus. Furthermore, the conflict between the states is also ignited by the creation of weapons in Syria for mass destruction and along with its anti-human rights activities (U.S. Department of State, 2012). Approaches for Reconciliation between the United States and Syria There have been many approaches in order to create a peaceful relationship between the United States and Syria. One of the first approaches to gain peace and reconciliation between Syria and U.S. is the realist approach or political realism, which was done during President Ronald Reagan’s administration. As an overview, political realism is based on the paradigm that h umans are born with the need for power. Realism focuses on the use, containment, and the consequences of power. Also, a political realism approach explains the use of power by a state against or for each other (Duncan, Jancar-Webster, & Switky, 2009).  

Labor law Essay Example | Topics and Well Written Essays - 1250 words

Labor law - Essay Example In return, employers gained a loyal â€Å"internal labor market† of semi-trained workers that would save employers money required to recruit, and train. Beyond the implicit contract, unions were also successful in protecting against termination, requiring â€Å"just cause† instead of the more current employer flexibility of â€Å"at will† employment1. The ushering in of the boundaryless workplace has dismantled much of the New Deal labor structure, and has put a premium on individual skills and knowledge. Employees have become free agents in the workforce, needing such skills to compete for prevailing wages with no implicit or explicit guarantee of job security. The strongest protection workers now have is education and training. Stone also notes that those hurt the most by this instability are blue collar and untrained workers2. While the lack of security is tumultuous in itself, Stone argues that the current labor structure does not have answers for many of issues that the changing economy present. Using Stone’s method of chronicling historical changes in the employer-labor relationship, the trend towards a more flexible and boundaryless workforces has worked to improve opportunities for women and minorities. At the same time, however, she believes that, †the new employment relationship makes discrimination hard to identify and difficult to challenge3.† Successful attempts have been made to prevent overt discrimination such as Title VII, of the landmark 1964 Civil Rights law, the Age Discrimination Act of 1967, the Equal Pay Act of 1962, and the 1990 Americans with Disabilities Act4. This legislation is effective in allowing women and minorities to gain access to the points of entry into an internal labor market, however, due to the breakup of internal labor markets, these acts do not address more modern forms of discrimination. Modern forms of discrimination have become