the natural essays

the natural essays The Natural, written by Bernard Malamud starts out with Roy, an aspiring baseball player on a train with his scout, Sam. Roy is still in his younger years, while Sam is an old scout who has slowed down over the years. On the train Sam notices that a well-known sportswriter, Max Mercy, is aboard, along with Walter Whambold, a superstar ball player, so he introduces Roy to them. Walter the Whammer Whambold is a cocky arrogant man who wants nothing to do with Roy or Sam. At one of the train stops, they have an hour to kill so Sam and Roy go to a local carnival, where Roy plays a game where you have to throw a baseball at a pyramid on three bottle. Of course Roy is great at this game, and draws the attention of Whammer, and Sam bets Whammer that Roy can strike out Whammer. Roy was very uncertain of Sams wager, but goes along with it. The Whammer tries to take all of the confidence out of Roy, but after the first pitch that landed in Sams catchers mitt, he had all the confidence i n the world. The next two pitches were much easier and he ended up striking the Whammer out. The book takes a big time jump to where Roy is thirty-four years old and just getting on a pro team, the Knights. He gets made fun of his age and being a rookie, but he makes it through the though times and starts to live his dream. Post modernism tries to convert the modern world, or unique individual, into a more standard whole. One fine example in The Natural is when the team is receiving a prayer and Roy storms out of the room halfway through it. He said he wasnt going to be hypnotized by some priest, and Pops, the head coach yelled at him and told he that if he keeps walking, hell never step foot on the field again. The coach, in a postmodern society is trying to unify the team instead of having everybody doing their own thing. ...

5 tips healthcare recruiters dont want you to find out

5 tips healthcare recruiters dont want you to find out Healthcare recruiters are facing one of the largest hiring uphill battles in recent memory, which leaves more negotiating room on the table for job seekers looking to get into the healthcare industry. Healthcare recruiters are dealing with a qualified workforce shortage in numbers that haven’t been seen previously. Hospitals and healthcare systems have been expanding, planned investments are coming to fruition, and an aging workforce that needs to be replaced are all adding onto the plate of addition hires that healthcare recruiters need to make. As a new entry into the job seeking realm, you might be wondering about some tips or tricks that you could use to help leverage your experience and skillset to get a new job in the healthcare industry. HospitalCareers.com recently published an article titled â€Å"5 Secrets Healthcare Recruiters Don’t Want You To Know, which contains a wealth of tips to help new job seekers in their healthcare career job search. Use this resou rce to learn some tips and tricks that healthcare recruiters don’t want you to find out about when negotiating in your job search.Here’s a look at the 5 tips healthcare recruiters don’t want you to find out:Qualified job applicants per job posting are decliningWhile the healthcare industry has been steadily adding jobs at a faster rate than any other industry, qualified candidates who apply to these recent job postings are declining. This means that the time it takes to fill a recent job posting is rising, which costs healthcare recruiters and healthcare systems more money to fill each position. In addition, the number of baby boomers who are retiring increases each year with once-filled positions now needing new hires to combat rising turnover rates.New healthcare job seekers can leverage the rising number of open positions by catering their resumes and cover letters to match each open position or position category. This helps separate you from the rest of the applications that often feel manufactured or duplicated without much care between each position.Salaries are on the riseAs the demand for qualified healthcare job seekers rises, salaries and additional benefits packages are rising over time as well. Healthcare recruiters are taking drastic measures to attract new talent to their open positions and job seekers are being rewarded for their tailored education and experience in the healthcare industry.Job seekers can leverage the recent upward trend of salaries and compensation packages by highlighting how their skill set would make them a stronger fit for the open position than some of the lesser-qualified candidates that a healthcare recruiter might be considering.Hiring budgets are getting tighterEven though new healthcare jobs are being posted faster than healthcare recruiters can fill them, hiring budgets are getting tighter each year. Healthcare recruiting managers want to decrease the amount of time and resources they spend each year on filling open job postings, which creates a struggle for healthcare recruiters. Increasingly, healthcare recruiters need to fill positions with qualified applicants who will remain with the hospital or healthcare system for the long term so that they can decrease the costly turnover ratio.A job is a commitment between both the employer and employee. New job seekers can use the knowledge of tighter hiring budgets to convey their commitment to the company for the long term, which will help separate themselves from those candidates who will jump ship at the first chance.Niche job boards account for most recruitmentIncreasingly niche job boards account for more qualified recruiting than standard job sites. Some of the largest job board sites like Indeed, CareerBuilder, and Monster are increasingly littered with spam and job postings that make it difficult to separate qualified candidates from spam candidates. Some of the largest job board sites allow candidates to upload their re sume and then spam applications to any job they feel they might be qualified for without an in-depth look at the job requirements or details.This means that healthcare recruiters are increasingly turning to niche related job boards to hire more qualified candidates and narrow down their pool of applicants. With the increased restrictions mentioned above for healthcare recruiters, job seekers can increase their chance of earning a new position by using niche specific job boards.Applicant tracking systems are phasing out qualified applicantsAs more organizations switch to large applicant tracking systems, more qualified applicants are being phased out unintentionally. Applicant tracking systems help narrow down the field of prospective applicants based on different criteria set out by the recruiter. Filling out these applicant tracking systems takes more time than simply clicking on a potential job posting, and qualified applicants are deciding to skip them entirely. The thinking from those who skip these applicant tracking systems is that they can fill out a great quantity of potential job postings, than fill out a quality application.This leaves room for those qualified job seekers who don’t mind filling out these detailed applicant tracking systems and showcase a prime example of quality over quantity, something that every healthcare recruiter wants to see. New healthcare career job seekers can separate themselves from those individuals who choose to apply elsewhere, and be a part of the smaller pool of applicants that a healthcare recruiter has to sift through.Well there you have it, 5 tips healthcare recruiters don’t want you to find out when attempting to secure a new job in the healthcare industry. Moving forward in your journey to securing a new position, you can be confident that you have additional knowledge that will make your job search go a little easier.About the author:Ryan Bucci is a Content Strategist with HospitalCareers. Hospital Careers is the leading platform for healthcare and hospital jobs with over 25,000 job postings, career advice, and career insights.

Linguistics and the Media Term Paper Example | Topics and Well Written Essays - 1500 words

Linguistics and the Media - Term Paper Example Daniel Dennette defines it as a unit of information in a mind whose existence influences events such that more copies of it get created in others’ minds. Here, the stress lies on the idea that a meme is an inherent form of knowledge in the human brain; it is the basic unit of cultural transmission or imitation. According to this definition, everything we call â€Å"culture† is composed of atom like memes, which compete with one another. These memes spread by being passed from mind to mind in the same way genes spread by being passed down through sperm and egg. The memes that win the competition are those that are successful at penetrating the most minds; they are the ones responsible for those activities and creations that constitute present-day culture (Brodie, 1996). CMC’s have made it possible for memes to germinate in the social gene pool. The linguistic implications of meme are highly significant since information travels over websites, blogs and social netw orking sites, and hence languages vary. Therefore, with every language, the conceptual framing and blending of linguistics and pragmatics also vary. Hence, language changes on the internet (Crystal, 2001). According to Bell, there is a close relationship between linguistics and media. â€Å"It makes a specific use of language and media texts illustrate language use and language attitudes for a variety of speech communities†. Syntactics and semiotics of meme in the following examples help to understand why people have a shared interest for memes. Since we have already established that memes grow in the mind of person to person, it is important to know how medium achieves that. There is a simultaneous use of text and visual. This particular series is called Successful Black Man, also known as â€Å"Successful Negro†. The media’s denotation of a black man in a business suit and a witty one-liner, firstly involves a fabricated framework experienced by conceptual ble nding employed in the first statement, â€Å"I got 99 problems† The connotation with the stereotype of an African man is that they are hustlers and gangster in the street. However secondly, there is an intentional line break after which a line is cited having primary framework relating to a professional who took a CA exam. There is an immediate exploitative fabricated framework. The intention behind the fabrication is to create hilarity because of the pragmatics of the two lines’ frameworks. The top line mimics what a black male stereotype would say while the bottom line results in breaking the character of the first line. The creator divulges that the inspiration behind the meme was based on reverse-discrimination issues at the workplace. In this case the humor and wit, and reversing the stereotype in the meme made it popular. There should be some genuine quirkiness contained within the idea. â€Å"The meme could coincide with some kind of zeitgeist or spirit of the age. Humor is a powerful component. Often it will contain an aspect that challenges conventional wisdom. There is also a critical mass factor at play. The spread of an idea of concept will accelerate at some point probably due to the multiplier effect of people being exposed to it

Agricultural sector for the country Coursework Example | Topics and Well Written Essays - 250 words

Agricultural sector for the country - Coursework Example Therefore, agriculture is rated as one of the crucial economic sector in Cambodia, this is because it represents more than 30 percent of the country’s GDP. Most of the Cambodia household lives in the rural regions. With such a population, most families depend on agriculture. The agricultural sector offers employment to more than 50 percent of the population. The highest rate of employment experienced by the country was in 1998, where it recorded a rate of 78%. Most income for rural household is low, thereby resulting to food insecurity. A percentage of the Cambodia population stays in plateau region that had limited access. However, due to the contribution of agriculture to the economy, the roads are well connected to major cities. Therefore, Agriculture has remained to be one of the most important sectors in Cambodian economy, based on its share of GDP (Gross Domestic Product) in the country and contribution to

Eastern Kentucky moder Essay Example for Free

Eastern Kentucky moder Essay In today’s most modern and challenging world, struggling for your professional career is a complex task for every individual. At the initial, when we realize that every thing in this changing world of business and commerce industry is pretty much depending on technological innovations, but we also cannot deny the traditional style of our business and industry leaders. In this scenario, an individual who is not pretty much aware of all the facts, finds it difficult to select his field for future profession, though even at this part of life, we may also realize the importance of leadership skills in every aspect of our life. While the decision seems much complicated to take on, at the same place Eastern Kentucky University is the only gateway for me that ensure my future success in the professional career. At EKU a wide range of opportunities, activities and events designed to enhance my experiences. Apart from studies, concerts, movies, comedians and other activities at campus will help me to develop myself how to keep every aspect of human desire and how to calendar my timetable that would ultimately lead to develop my leadership skills. What most I felt to be impressed is their mission to enhance the quality of life of students by supporting the Universitys commitment to the academic success and holistic development of each individual student. It fosters intellectual, physical, and social development through programs and direct services which challenge and support students as they develop attitudes, abilities and skills for life-long learning within an ever-changing global environment. Eastern Kentucky University, founded in 1906 with a faculty of seven in 1909, when the first commencement was held, 11 people received degrees. Over the last century, they have grown to a full-fledged comprehensive university offering 168 degree programs and serving more than 15,000 students a year. This is a regional, coeducational, public institution of higher education offering general and liberal arts programs, pre-professional and professional training in education and various other fields at both the undergraduate and graduate levels. Located in Richmond, Madison County, Kentucky, Eastern has a distinguished record of almost a century of educational service to the Commonwealth. Finally, at EKU you get the best return of what you spend by getting an very well internationally recognized degree by further enjoying best experiences of your life. The experience at EKU are ever wondering to each student even on individual level. Their best teaching and learning methods will develop me to become a leader in my certain category. I wont be just a face in the crowd when it comes to campus life, either. Theres always something going on to capture my interest and help me make new friends. I can get involved in one of the 175 student organizations, play intramural sports, try out for a play or a musical group whatever everyone’s interests are, theres something there for everyone. Resources: http://www.eku.edu

Do children recognize more words looking at them up and to the left Ess

In order for the principle of looking up and to the left of a word to work, NL says that there are two main ideologies that need satisfying. Firstly, the subject must be right handed, and secondly, he must be a visual learner. However, similar to the studies of Loiselle and Malloy, the present researcher has worked on the premise that between 60 and 70% of the population is right handed Emes et al (2005), Malone (2003), Heaton et al (2008) and Holliday (1999), and would have, therefore, expected that the hypothesis be true in approximately 23 of the 33 right handed subjects used. Out of this study’s sample of 36, the data showed that only 6 had results that concurred with the hypothesis. As a discrete figure, this could be perceived as showing some evidence to support the hypothesis, yet, 18% could not be considered statistically significant to render it conclusive. This figure became less significant in support of the hypothesis as the children who recalled these words also recalled words shown to the front. When subtracting the results from the controlled variable, the greatest margin was just two words, and this was found in just two children. Interestingly, although this may seem an insignificant amount, it correlated with the results from the research of Loiselle and Malloy, who concluded that the NL principle helped improve visual memory recall by 25%. To illustrate this similarity in results, the present researcher calculated that the difference of recognising 2 more words from the controlled variable to be 20%. Could this mean Loiselle and Malloy studies data proved significant enough evidence to conclude this NL principle worked? The statistics in fig. 1 revealed that the present researcher’s hypothesis was not ... ...to be shrouded by mystery, but strangely, NL trained people do not appear to want to demystify the principle and enhance its credibility. While the VAK in schools may still be enjoying popularity, an alarming thought is that, while it has been endorsed, and compartmentalised children without adequate research into its effectiveness. It is, therefore, concluded that once the good feeling stimulus is taken away from the NL principle of recognising words by looking at them up and to the left, what remains is that the field of vision is insignificant to it, but the basic principle that ‘the brain thinks in terms of images’ remains, Butler-Bowden (2005: 180).This research closes on the thought that Cricket Kemp’s NL principle may actually be based upon hypnotherapy techniques, and, if used by accredited trainers could be a manipulative tool rather than a strategy.

Creating Respectful Classroom Environments Essay

The article starts with notion that children are taught to respect others for position and age. Children are taught to respect elders and teachers, etc. This type of respect does not teach the true meaning of respect- appreciation of ideas, traditions, rituals and cultures of others. The authors suggest that children today are not taught enough of values and are bringing a wide range of behaviors to the classroom. It is important to create a respectful environment in the class and to teach children how to truly respect others. Literature is reviewed to define respect and what are desirable behaviors and moral values to be taught in schools and to point out the role teachers must play. The rest of the article discusses requirements for creating a respectful environment, especially the teacher’s role. Before the teacher can create this environment and teach these values, he must examine his own beliefs and values. He must then know and understand a lot about other cultures and backgrounds. The variables that constitute a respectful environment are then discussed. These include a) the emotional climate in the classroom where the students feel emotionally safe and valued, and b) respect for every person especially by interrupting degrading comments. Teachers must first be good models of respectful behavior and secondly teach the children how to respect each other and the materials and equipment. The article then provides a detailed and useful checklist to determine whether or not a classroom climate is respectful. Respect as a value once learned must be carried from year to year. The article presents suggestions for deepening the teaching of respect to increase the likelihood that it will be permanent. The suggestions include teaching cooperative learning, showing examples of co-operation and respect among teachers and administrators, involving parents and the community in the process and including multicultural education and diversity training in teacher preparation. This article was rich and informative. The explanation of respect and teaching respect was clear and helpful. The distinction of teaching children respect for age and position and its limitations was enlightening. I learned that teaching respect includes â€Å"appreciation of ideas, traditions, rituals and cultures of others†, and also â€Å"exploration of the viewpoints of others that might lead to the genuine tolerance of peoples of diverse cultures†. The major learning from this article is about how to create the respectful environment in the classroom. The importance of self-reflection as a teacher and of being a strong model of respectful behavior, especially to other teachers and administration was noted. The respectful classroom inventory, divided into three categories- the teacher, the students and the classroom, is a very helpful way to check regularly to make sure that appropriate practices are in place everyday. The suggestions to involve parents and community in the process also provide new information. And finally, and perhaps most importantly, what should be included in teacher preparation- multicultural education, diversity experiences and strategies in inclusive teaching to convey respect, fairness and high expectations, was not something previously learned or thought about. This article stimulates interest in creating a respectful classroom environment. It is hoped that appropriate behaviors are usually modeled and children are treated with respect. However this article motivates me to use cooperative learning groups to teach the children how to work together and respect for each other. These small groups can be set with children of various backgrounds and abilities to work on activities together. As they work together I will accomplish at least two things- help them to learn how to share and respect each other, and learn from my modeling as I interact with the groups. Reference Miller, R. and Pedro, J. (2006) Creating Respectful Classroom Environments. Early Childhood Education Journal, Vol. 33, No. 5. pp. 293-299

Notes- Shareholder Remedies

Pages 552-565: Compulsory Liquidation Remedies 1. Introduction * Deficiency of current law: (1) despite introduction of statutory derivative action, formulation is unclear and scope is uncertain (2) focus on single act/transaction rather than whole picture/pattern/period (3) remedies are directed to particular transaction and confined to restraint of conduct, Recovery of property or ordering of financial compensation * Statutory remedies fall into 2 categories a.Compulsory liquidation remedies courts can order winding up of company if: – court is of opinion that it is just and equitable that company be wound up s461(k) – directors acted in affairs of company in own interest, not interest of members a whole, or any other manner that appears to be unfair/unjust to other members s461(e) – affairs of company are being conducted in manner that is oppressive or unfairly prejudicial to or unfairly discriminatory against a member or in manner that is contrary to interest s of members as a whole s461(f) – act/omission or proposed act/omission by or on behalf of company or a resolution or proposed resolution of a class or members of the company was or would be oppressed or unfairly prejudicial to, unfairly discriminated against a member(s) or was or would be contrary to interest of members as a whole s461(g) b. emedies for oppression or injustice: Pt2F. 1 wider range of remedies to oppressed/injustice refer to wk 11 last page 2. The just and equitable ground a. History and broad scope of the remedy * just and equitable that company be wound up s461(k) traced back to English Act of 1848 * History p 553-555 b. Re Tivoli Freehold Ltd [1972] VICSC—applying just and equitable rules to wind up co: (i) just and equitable give court a wide discretion which must be exercised judicially (Baird vHenry Lees 1924) question of fact: all circumstances to be considered (ii) facts rendering it just and equitable to be wound up: more than one category may be applied in relief – determine best fit iii) regard to changing circumstances and developments in relation to company practices including relevant changes in law (iv) just and equitable to be wound up if it engages in acts which are entirely outside what can be fairly regarded as having been within the general intention and common understanding of member when they become members (v) wound up due to failure (Galbraith v Meito Shipping CO 1947): failure not evidence by discontinuance of business activities- even if for a lengthy time. TEST of failure: ‘business w/in objects of incorporation should have become at least in the practical sense ‘impossible’ (vi) prime source for ascertaining intention and common understanding of members i the company’s memorandum of association which among other things states its object HELD: equitable and just to be wound up. c.Ebrahimi v Westbourne Galleries Ltd [1973] * FACTS: Def via general meeting voted to remove pl from office as director. Pl petitioned to wind up co on just and equitable grounds. * LAW: Where acts show a dissolution of partnership between them, a winding up may be ordered, use of ‘just and equitable’ in partnership act supports this * Rights of members governed by articles of association and have contractual force- court can dispense parties from obligation where they have been excluded from management * Exception: prove that exclusion was not made bona fide in the interest of the company * Elements for just and equitable wind up i. ssociation formed or continued on basis of personal r/ship involving mutual confidence (usually found where pre-existing partnership in turned into a limited company ii. an agreement, or understanding, that all or some of the shareholders shall participate in the conduct of the business iii. Restrictions upon the transfer of members’ interest in the company so that if confidence is lost one member is removed from management, he cannot take out his stake and go elsewhere HELD: wind up: exclusion of pl was not for best interest of company as whole Application of quasi-partnership analogy in AUSTRALIA * 3 groups of decisions indicate scope of the clause for subjection legal rights to ‘equitable considerations’ arising from understanding b/wn corporators 1. A.Re Caratti Holdings Ltd: constitution gave its governing director power to acquire shares of other members at nominal value which they were originally issued power against a particular shareholder, although formally valid is sufficient grounds to apply order for wind up under the clause B. Kokotovich Constructions pty ltd v Wallington: winding up order made at the suit of a minority shareholder whose small shareholding was granted on formation of company, under sole proprietor, in recognition of ‘moral partnership’ founded upon a pre-existing intimate business relationship- winding up justified by continuing animosity between parties and risk of further oppression and limited nature of the company’s activities 2.City Meat CO pty Ltd: all company members where members of a single family who’d acquired shares via inheritance court held that majority shareholder ‘consistently ignored the rights, expectations and obligations’ of petitioners’ branch of family- wind up 3. Re Dalkeith Investments Ltd: shares in co divided equally b/wn former spouses and their daughter company was a ‘partnership in corporate form’= wind up 3. Directors acting in their own interest * s461(e) permits making of winding up order where directors have acted in affairs of company in their own interest rather than interest of company as a whole, or in a way that was unfair or unjust to other members * OBJ TEST: whether directors have acted in own interest etc or otherwise unfairly/unjustly * 461(e) compliments 461(f) and (g) a. Re Cumberlands Holding Ltd 1976 1. directors’ not limit to whole board act unanimously, ONLY met where shown that the effective majority has acted in its own interest or in the interest of one or more of those board members or even where on directors by some means caused his will to be carried into effect by board with result of personal interest being preferred 2. ‘directors’ same application in (e) 3. ‘affairs of the company’ wide interpretation, not limited to business/trade but encompass capital structure, dividend policy, voting rights, consideration of takeover offers 4. ‘own interest’ acted in interest of another company of which they are also directors/shareholders 5. ‘interest of members as a hole’: debate over interests of majority and minority directors preferred interest over that of significant section of members not apply preferred interest over one or more or perhaps some significant section of the members applies 6. appears’ doesn’t carry much weight 7. â €˜unjust or unfair’ discussed elsewhere b. Re Weedmans Ltd [1974] * The directors, other than the independents, failed to observe the requisite standard of commercial morality * Effect of failure: reacted unfairly and unjustly against other members * They could have had the allotment set aside, but didn’t ask for that feature so in absence of a case for relief under Pt2F. 1 there is no other remedy before the justice other than to wind up. Pages 122-130: Insolvency * Winding up * Voluntary administration * Receivership * Creditor’s scheme or arrangement (loan default) 1. Voluntary administration * Pt5. A: provides an inexpensive procedure capable of being implemented swiftly and flexibly and offering alternative options for creditors for dealing with financially trouble company * Outcomes available: a. co will resume operation w/ deferred/reduced debt burden under deed of company arrangement approved by creditors b. secured creditor will exercise right to app oint receiver to obtain repayment of its debts by disposal of company assets and who will effectively displace the administrator while doing so c. Creditors will vote to put company into liquidation * Voluntary administration is usually initiated by company itself where directors resolve that: a. In their opinion the company is insolvent or likely to become insolvent at some future time AND b. nd administrator of the company should be appointed s435A * While under administration, administrator has control of company’s property and business s437A * Powers of other corporate officer (i. e. directors) are suspended and may not be exercised except by written approval of administrator s437C(1) * Company officers are not removed from their offices by appointment of administrator s437C(2) * Administrator must be a registered liquidator who is independent of that company ss448B 448C * C company is solvent ONLY IF able to pay all its debts as and when they become due and payable s95A( 1) * Otherwise it is insolvent s95A(2)- test . :. ook at cash flow not balance b/wn assets and liabilities * If director of company in financial difficulties allows it to continue to trade and incur debts while insolvent, they may be personally liable for losses sustained by creditors ss588G s588FA * Voluntary administration offers directors safe harbour from future insolvent trading liability but with loss of control of company affairs, property and operations to administrator s437A-D * Administrator may be appointed by company s436B or by secured creditor who is entitled to enforce a charge over whole or substantially the whole of the company’s property s436C * Administrator to notify secured creditor of their appointment as soon as practical the next business day s2405A(3) * w/in 13 business days of administrators appointment, a substantial charge may enforce its charge, usually by appointment of receiver or other agent s441A * if substantial charge opts to enforce charge by virtue of higher power than administrator may supplant the administration s442D(1) * IF the substantial charge must enforce charge in relation to all property of company subject of it and does not have the option of appointing receiver to some small part only of the company’s property, if they wish to over override power of administrator s441A(1)(b) ‘all or nothing’ (Harmer report) * If no substantial chargee or opt not to enfore charge, there is a general moratorium upon action/proceedings against company and its property by creditors and owners or lessors of property used by company ss440A-D and F * Moratorium provides a period for investigation and collective assessment of option w/out scramble for individual recover.. expectation for proceedings to commence before the administration’s commencement or in espect of perishable property ss441F-Gs * During admin there us a stay of enforcement of guarantees given by directors or their relative of a libali ty of their company without the leave of the court s440J * As soon as practice admin’or must investigate the company’s business, property and financial circumstances s438A * w/in 5 business days appoint committee of creditors to consult with s436E&F * at this first meeting, creditors may also replace the administrator with person of own choosing s436E(4) * w/in 21 days of appointment, admin’or must convene meeting to decide future of company s439A (28days for Christmas and Easter periods) * with the notice ofthe meeting, admin’ore muyst report to the creditors about company’s business, property and financial circumstances s439(4)(a) * at the meeting creditors may resolve: company execute deed of company arrangement specified in resolution, administration should end and company return to control of its directors company be wound up s439C * admin’or report must include statement of opinion and if deed of company arrangement is propose must inc lude report * resolution is passed at meeting of creditors it is decided on the voice unless demand a poll reg5. 6. 9 * deed of company arrangement might treat groups of creditors differently from order of application of assets under winding up, likely to prompt an application for its termination by court s445D * deed of company arrangement must preserve the priority available to employee creditors in a winding up unless employees agree to waive their priority – court may approve alteration of priorities if deed ensures same/better outcome for employee creditors result than from a wind up 444DA * if creditor accept deed then admin’or draws up deed for execution by co and deed admin’or within 21 days of resolution s444A-444B * voluntary admin end once company become subject to deed of company arrangements s435C(1)(b), (2)(a) * creditors right to indemnity and unaffected where debt is released by acceptance of terms of deed of co arrangement s444H * deed binds all unsecured and secured creditor, owners, lessors of prop used by co who voted for deed, the company, its officers, shareholders s444D, G * court may order that secured creditors etc who voted against the deed are nonetheless bound by it wgere enforcement of their rights would have material adverse effect on achievement of deed’s purpose and their interest will be adequately protected s444D(2), (3) 444F * court may declare deed void or validate it despite contravention Pt5. 3A, s445G * Pt 6D. 2 obliged disclosure obligations do not apply to equity for debt swap * Admin’or’s statement must indicate statement is not a prospectus . :. contain less info than prospectus s708(17A) * Court may alter times, the way in which deed operated in relation to a particular co s447A(1) where provisions are being abused the company is solvent s447A(2) * Order wind up power to supervise co under administrator or under deed of co administration s447E Receivership * Securities given by companies to lenders commonly grant the lender right when a defined act of default occurs to appoint a person to take possession and control either of a particular asset or group or assets or whole property. * Court may appoint receiver to protect particular property or funds of the company under s1323(1)(h) * ‘controller’ refers to a receiver, receiver and manager, mortagagee in possession or its agent s9 * Where receiver is appointed by court, directors’ powers over property are suspended and revive only upon termination of receivership Winding up a. Appointing of liquidator and its consequence winding up process leads to liquidation of co and termination of registration and existence – made by court order or voluntary s491(1) by members – voluntary wind up= unavailable where insolvent – requirement of resolution at separate meetings of members and creditors s491 497; creditors will appoint the liquidator and control the liquidatorâ€⠄¢s conduct – if 2nd meeting under voluntary admin and resolve to wind up.. moves to creditors voluntary winding up procedure s446A * Etc p 128 b. Order of application of company assets p128 – after the liquidator has realised the assets of the company, the funds are applied to discharing the claims of creditors – rule: ‘all debt and claims in winding up rank equally and if the property of the company is nsufficient to meet them in full, the must be paid proportionally s555 * Priority of debt and repayments where property available for repayment of creditors is insufficient for certain unsecured loans s561 * Unsecured claims are given priority in that they must be paid sequentially s556, 558 (i. e. liquidation expenses, wages, superannuation etc. * W/in each debt of each class ‘all debts are equal’ rule applies s559 c. Recovering property and compensation for benefit of creditors p129 * Pt 5. 7B structure for recovery of property or compensati on for benefit of credit of an insolvent company — complemented by Pt5. 8A in relation to agreements/transaction to avoid payment of employee entitlement * Pt5. B s588FE : avoidable transactions where entered into w/in specific time of winding up * S88FF: if voidable transaction – liquidator must seek court order concerning those transactions and orders releasing the company from debt and orders varying the terms of agreement or declaring them void/unenforceable * p129 d. Schemes of arrangement: used by company facing the prospect of insolvency to restructure its debts, typically through compromise of creditors’ claim// initiated by court order that meeting of creditors be convened for approval of explanatory statement to be sent with notice of meeting s411, 412 * Compromise must be approved by court after application to it s411(4)

Free Essays on Criminology

The way â€Å"Classical Criminology† was viewed was that if the punishment was of public notice they were scaring the people from committing crimes. Beccaria believed that people wanted to commit crimes but wanted to avoid being tortured. He felt that criminals received some type of thrill and pleasure while committing the crime. The criminal thought that the thrill he received while committing the crime, was well worth the torture he or she would receive if he were caught. Criminals did not think of the outcome at the time of the act, only once he or she was caught would they think of what is about to happen. I believe that â€Å"Classical Criminology† and â€Å"Positivism’s† would have to difficult to compare, because classical states that they like the thrill they receive while committing the crime and the punishment is worth all that pain they will receive if their caught, but if you look at it like this, if they don’t get caught they have received the pleasure of their life and will eventually continue till they get caught because it’s a easy way of life. Positivism’s say that the feature on a person can tell us that they are criminals, how? It might be the genes from their parents or other family members in the past. I would have to disagree on this theory. Just because my grandparents were criminals, I have to be a criminal no! Society and current events in a family can help change a person’s future, this is why it’s important for each generation of children to try to better it s family circle. I would go with Durkheim. Everyone is different and we would definite have a boring society if everyone went around with white collar image, and law enforcement agencies wouldn’t have a job to do.... Free Essays on Criminology Free Essays on Criminology The Code of King Hammauabi of Babylon, the Fourteenth Century B.C.’s Hittite Code, Draconian Code of Athens, and the Roman Law of the Twelve Tablets are past laws which have made the foundation for the death penalty, one of America’s most controversial issues today. Murder has been found to be the top reason why most inmates find themselves on death row now. However dating back to the time of King Hammauabi there have been twenty-five out of the two-hundred and forty-nine known codes where death is the punishment. Through-out the past thousands of years there has been significant revisions done to criminal law and the punishments that fit each crime. The death penalty as a punishment for murder can be dated further back in time to Biblical times. According to Kerby Anderson, author of the essay Capital Punishment, in Genesis the Bible states that â€Å"whoever sheds man’s blood, by man shall be shed, for in the image of God He made man.† Here it is clearly stated that the death penalty for murder was an accepted practice. It is even shown that God felt that certain punishment was deemed necessary for different crimes. â€Å"God destroyed two cities because of the heinous sin of the inhabitants.† Anderson also identifies how the Mosaic Law â€Å"set forth numerous offenses that were punishable by death. The first was murder.† Anderson also gives a strong argument against Christians who feel that â€Å"capital punishment does not apply to the New Testament and church age.† He finds that Romans 13: 1-7 â€Å"teaches that human government is ordained by God and that the civil magistrate is the minister of God.† According to Michael H. Reggio author of History of the Death Penalty, â€Å"Jews used many different techniques including stoning, hanging, beheading, crucifixion, throwing the criminal from a rock, and sawing asunder,† for various crimes. It took, however, almost three hundred years after the death of Christ before... Free Essays on Criminology The way â€Å"Classical Criminology† was viewed was that if the punishment was of public notice they were scaring the people from committing crimes. Beccaria believed that people wanted to commit crimes but wanted to avoid being tortured. He felt that criminals received some type of thrill and pleasure while committing the crime. The criminal thought that the thrill he received while committing the crime, was well worth the torture he or she would receive if he were caught. Criminals did not think of the outcome at the time of the act, only once he or she was caught would they think of what is about to happen. I believe that â€Å"Classical Criminology† and â€Å"Positivism’s† would have to difficult to compare, because classical states that they like the thrill they receive while committing the crime and the punishment is worth all that pain they will receive if their caught, but if you look at it like this, if they don’t get caught they have received the pleasure of their life and will eventually continue till they get caught because it’s a easy way of life. Positivism’s say that the feature on a person can tell us that they are criminals, how? It might be the genes from their parents or other family members in the past. I would have to disagree on this theory. Just because my grandparents were criminals, I have to be a criminal no! Society and current events in a family can help change a person’s future, this is why it’s important for each generation of children to try to better it s family circle. I would go with Durkheim. Everyone is different and we would definite have a boring society if everyone went around with white collar image, and law enforcement agencies wouldn’t have a job to do....

Pegasus Bridge in World War II (Operation Deadstick

Pegasus Bridge in World War II (Operation Deadstick Operation Deadstick - Conflict Date: Operation Deadstick took place on June 6, 1944, during World War II (1939-1941). Forces Commanders: British Major John HowardLieutenant Colonel Richard Pine-Coffingrowing to 380 men German Major Hans SchmidtGeneralmajor Edgar Feuchtinger50 at the bridge, 21st Panzer Division in area Operation Deadstick - Background: In early 1944 planning was well underway for the Allied return to northwestern Europe.   Commanded by General Dwight D. Eisenhower, the invasion of Normandy was slated for late spring and ultimately called for Allied forces to land on five beaches.   To implement the plan, ground forces would be overseen by General Sir Bernard Montgomery while naval forces were led by Admiral Sir Bertram Ramsay.   To support these efforts, three airborne divisions would drop behind the beaches to secure key objectives and facilitate the landings.   While Major Generals Matthew Ridgway and Maxwell Taylors US 82nd and 101st Airborne would land in the west, Major General Richard N. Gales British 6th Airborne was tasked with dropping in the east.   From this position, it would protect the landings eastern flank from German counterattacks.   Ã‚     Ã‚   Central to accomplishing this mission was the capture of the bridges over the Caen Canal and River Orne.   Situated near Bà ©nouville and flowing parallel to each other, the canal and river provided a major natural obstacle.   As such, securing the bridges was deemed critical in order to prevent a German counterstrike against troops coming ashore on Sword Beach as well as maintaining contact with the bulk of 6th Airborne which would be dropping further east.   Assessing options for attacking the bridges, Gale decided that a glider coup de main assault would be most effective.   To accomplish this, he requested Brigadier Hugh Kindersley of the 6th Airlanding Brigade select his best company for the mission. Operation Deadstick - Preparations: Responding, Kindersley chose Major John Howards D Company, 2nd (Airborne) Battalion, Oxfordshire and Buckinghamshire Light Infantry.   A spirited leader, Howard had already spent several weeks training his men in night fighting.   As planning progressed, Gale determined that D Company lacked sufficient strength for the mission.   This resulted in the platoons of Lieutenants Dennis Fox and Richard Sandy Smith being transferred to Howards command from B Company.   In addition, thirty Royal Engineers, led by Captain Jock Neilson, were attached to deal with any demolition charges found on the bridges.   Transportation to Normandy would be provided by six Airspeed Horsa gliders from the Glider Pilot Regiments C Squadron.    Dubbed Operation Deadstick, the strike plan for the bridges called for each to be attacked by three gliders.   Once secured, Howards men were to hold the bridges until relieved by Lieutenant Colonel Richard Pine-Coffins 7th Parachute Battalion.   The combined airborne troops were to defend their positions until elements of the British 3rd Infantry Division and 1st Special Service Brigade arrived after landing on Sword.   Planners expected this rendezvous to occur around 11:00 AM.   Moving to RAF Tarrant Rushton in late May, Howard briefed his men on the details of the mission.   At 10:56 PM on June 5, his command took off for France with their gliders being towed by  Handley Page Halifax bombers. Operation Deadstick - German Defenses: Defending the bridges were approximately fifty men drawn from the 736th Grenadier Regiment, 716th Infantry Division.   Led by Major Hans Schmidt, whose headquarters was in nearby Ranville, this unit was a largely static formation consisting of men drawn from across occupied Europe and armed with a mix of captured weapons.   Supporting Schmidt to the southeast was Colonel Hans von Lucks 125th Panzergrenadier Regiment in Vimont.   Though possessing a potent force, Luck was part of the 21st Panzer Division which in turn was part of the German armored reserve.   As such, this force could only be committed to battle with the consent of Adolf Hitler.    Operation Deadstick - Taking the Bridges: Approaching the French coast at 7,000 feet, Howards men reached France shortly after midnight on June 6.   Releasing from their tow planes, the first three gliders, containing Howard and the platoons of Lieutenants Den Brotheridge, David Wood, and Sandy Smith maneuvered to land near the canal bridge while the other three, with Captain Brian Priday (Howards executive officer) and the platoons of Lieutenants Fox, Tony Hooper, and Henry Sweeney, turned toward the river bridge.   The three gliders with Howard landed near the canal bridge around 12:16 AM and suffered one fatality in the process.   Quickly advancing to the bridge, Howards men were spotted by a sentry who attempted to raise the alarm.   Storming the trenches and pillboxes around the bridge, his troops were able to quickly secure the span though Brotheridge fell mortally wounded. To the east, Foxs glider was the first to land as Priday and Hoopers went missing.   Quickly attacking, his platoon used a mix of mortar and rifle fire to overwhelm the defenders.   Foxs men were soon joined by Sweeneys platoon which had landed approximately 770 yards short of the bridge.   Learning that the river bridge had been taken, Howard directed his command to assume defensive positions.   A short time later, he was joined by Brigadier  Nigel Poett who had jumped with pathfinders from the 22nd Independent Parachute Company.   Around 12:50 AM, the lead elements of the 6th Airborne began dropping in the area.   At their designated drop zone, Pine-Coffin worked to rally his battalion.   Locating around 100 of his men, he set off to join Howard shortly after 1:00 AM. Operation Deadstick - Mounting a Defense: Around this time, Schmidt decided to personally assess the situation at the bridges.   Riding in a Sd.Kfz.250 halftrack with a motorcycle escort, he inadvertently drove through D Companys perimeter and onto the river bridge before coming under heavy fire and being compelled to surrender.   Alerted to the loss of the bridges, Lieutenant General Wilhelm Richter, commander of the 716th Infantry, requested aid from the 21st Panzers Major General Edgar Feuchtinger.   Limited in his scope of action due to Hitlers restrictions, Feuchtinger dispatched the  2nd Battalion, 192nd Panzergrenadier Regiment towards  Bà ©nouville.   As the lead Panzer IV from this formation approached the junction leading to the bridge, it was hit by a round from D Companys only functional PIAT anti-tank weapon.   Exploding, it led the other tanks to pull back. Reinforced by a company from the 7th Parachute Battalion, Howard ordered these troops across the canal bridge and into Bà ©nouville and Le Port.   When Pine-Coffin arrived a short time later, he assumed command and established his headquarters near the church in Bà ©nouville.   As his men grew in number, he directed Howards company back towards the bridges as a reserve.   At 3:00 AM, the Germans attacked Bà ©nouville in force from the south and pushed the British back.   Consolidating his position, Pine-Coffin was able to hold a line in the town.   At dawn, Howards men came under fire from German snipers.   Using a 75 mm anti-tank gun found by the bridges, they shelled suspected sniper nests.   Around 9:00 AM, Howards command employed PIAT fire to force two German gunboats to withdraw downstream towards Ouistreham.    Operation Deadstick - Relief: Troops from the 192nd Panzergrenadier continued to attack  Bà ©nouville through the morning pressuring Pine-Coffins understrength command.   Slowly reinforced, he was able to counterattack in the town and gained ground in house-to-house fighting.   Around midday, 21st Panzer received permission to attack the Allied landings.   This saw von Lucks regiment begin moving towards the bridges.   His advance was quickly hampered by Allied aircraft and artillery.   After 1:00 PM, the tired defenders in Bà ©nouville heard the skirl of Bill Millins bagpipes which signaled the approach of Lord Lovats 1st Special Service Brigade as well as some armor.   While Lovats men crossed to aid in defending the eastern approaches, the armor reinforced the position in Bà ©nouville.   Late that evening, troops from the 2nd Battalion, Royal Warwickshire Regiment, 185th Infantry Brigade arrived from Sword Beach and formally relieved Howard.   Turning over the bridges, his company departed to join their battalion at Ranville. Operation Deadstick - Aftermath: Of the 181 men that landed with Howard in Operation Deadstick, two were killed and fourteen wounded.   Elements of 6th Airborne retained control of the area around the bridges until June 14 when the 51st (Highland) Division assumed responsibility for the southern part of the Orne bridgehead.   Subsequent weeks saw British forces fight a protracted battle for Caen and Allied strength in Normandy grow.   In recognition of his performance during Operation Deadstick, Howard personally received the Distinguished Service Order from Montgomery.   Smith and Sweeney each were awarded the Military Cross.   Air Chief Marshall Trafford Leigh-Mallory termed the performance of the glider pilots as one of the most outstanding flying achievements of the war and awarded eight of them the Distinguished Flying Medal.   In 1944, the canal bridge was renamed Pegasus Bridge in honor of the British Airbornes emblem.          Selected Sources Pegasus Archives: NormandyBBC: Pegasus BridgeBattle for Pegasus Bridge

Capital Asset Management and techniques of its evaluation Essay

Capital Asset Management and techniques of its evaluation - Essay Example Although the calculation is easy to understand and simple, it still has its limitations. It ignores the benefits, or the lack of, that occur after the payback period and more importantly, the method ignores the time value of money. On the contrary The Net Present Value is an indicator of how much value an investment or project adds to the firm. The Net Present Value is a more reliable method of calculating the returns expected from investments as the method considers the time value of money. The Net Present Value compares the value of a dollar today to the value of that same dollar in the future, taking both inflation and returns into account. The technique uses discounted cash flow approach in assessing the performance of an investment. A positive Net Present Value generated from a prospective project is a good sign and should be accepted On the contrary, a negative Net Present Value resulting from projects should be rejected because the cash flows will also be negative. As such, this technique seems more reasonable in determining the returns of investments. The Internal Rate of Return is the discount rate that delivers a Net Present Value of zero for a series of future cash flows. As with the Net Present Value, this technique uses the discounted cash flow approach and is as widely used as the Net Present Value method. ... It shows the discount rate below, which an investment results in a positive Net Present Value and above which an investment results in a negative Net Present Value. It's the break-even discount rate, the rate at which the value of cash outflows equals the value of cash inflows. Moreover, the Internal Rate of Return can be found without having to estimate the cost of capital. Modified Internal Rate of Return is a similar concept to the conventional Internal Rate of Return. However, it is easier to calculate and does not produce multiple results, from irregular cash flows expected from a project, as compared with the latter. Of course the drawback of using Modified Internal Rate of Return is that it does not expect the generation of cash flows from its projects as predicted and its Net Present Value seems overstated. This is contrary to the use of Internal Rate of Return technique, since it assumes that cash flows generated from a project are reinvested within the project at the same rates of return, although they are often reinvested elsewhere within the business. The Modified Internal Rate of Return can be calculated with the use of spreadsheet package or the use of a conventional calculator. Both methods give the same results, however, the latter is more tedious and is used mainly for academic purposes. This technique uses the Present Value of investments, followed by the compounded terminal cash flow of the return phase. This is possible for more complex investments, with investment phase that stretches over several periods. The results generated by this technique are lower than the conventional Internal Rate of Return method but also presents a more realistic approach in assessing projects. Moreover, the technique uses the

Impact of the Emancipation Proclamation on US evolution Assignment

Impact of the Emancipation Proclamation on US evolution - Assignment Example The Emancipation Proclamation did not merely seek to end slavery, but rather to unite the populace. However, through ending slavery, the civil war, which was sparked by the standpoints on whether it should end, was halted. Further, it persuaded some Confederate leaders to seek peace before the deadline in January (McPherson and Hogue, 2010). After the Proclamation, Great Britain was persuaded against the Confederacy and the British dramatically shifted their support to the Union during the Civil War. Further, Northerners were tired with the war, and thus the Proclamation brought considerable relief. From the 1820s to 1860s, the political field was controlled and dominated by Democrats. The southern Democrats controlled favored and protected slavery until 1860 when the Northern and the Southern disagreed on choosing a candidate. Therefore, the two sides nominated their candidates; John for the South and Lincoln for the North. Lincoln won the election and the secession and war gave him a background to liberate the slaves through the Emancipation Proclamation, changing the political scene. The Civil War was a defining time in American history, and the Proclamation brought further