Eleven Bad Essay Example For Students

Eleven Bad Essay ElevenEleven by Sandra Cisneros, utilizes numerous artistic gadgets to describe an unpredictable eleven-year-old. Rachel, the straightforward first individual storyteller, depicts the subtleties of her mortifying eleventh birthday celebration. In spite of the fact that her style mirrors her age, Rachel passes on the trouble of growing up with grown-up exactness. She is humiliated and feels defenseless at whatever point she attempts to talk, yet realizes she will before long be home with her folks, and her horrendous day will float away. Rachels age is parted with by the title, yet in addition by her promise decision. She utilizes various comparisons, portraying crying like wild hiccups, drinking milk to quick, and minimal creature clamors. Her certainty clatters like pennies in a tin Band-Aid Box, and she is consistently on the edge of slipping by into another meeting of tears. Be that as it may, Rachels style doesn't basic sell out her age. Portrayals like scents like curds are bits of knowledge into her actual character. She is energetic and inquisitive, nearly to say the least. Since she depicts things like runaway inflatables, she is a convincing eleven-year-old. First individual portrayal uncovers however, Rachels considerations are those of an average eleven-year-old, her enlightening capacity is progressively adult. Rachel has an uncanny capacity to pass on her sentiments. In any case, since she is a straightforward storyteller, she now and then misses the more profound centrality of her emotions. In spite of the fact that she twice specifies she is anticipating cake, her birthday tune, and typical birthday things, she doesn't make reference to she additionally needs the solace of her folks. Then again, dissimilar to generally more seasoned, or develop, individuals, she sees enough about existence experience to realize she needs something more. Twice she specifies she might want to have the experience of somebody who is one hundred and two. At eleven Rachel understands that with experience comes certainty, individual quality, and generally critical to her, recognizing what to do in threatening circumstances. As astounding as those contemplations may be, Rachels most amazing idea is about age. She comprehends that individuals show the attributes of the ages they have passed. She gets that in spite of the fact that she is eleven, she can in any case be frightened like she is five, or cry like she is three. What she doesn't get a handle on is that individuals can show attributes past their years. Rachel shows that best in class development in her musings. The main exchange in the story is among Rachel and her educator, Mrs. Cost. Each discussion is the equivalent; Mrs. Cost doesn't tune in to Rachel and rules their discussions. Rachel partners being directly with being more seasoned, so she lets Mrs. Cost have her direction. Mrs. Cost is so overwhelming Rachel can react with what she calls her four-year-old voice. She falters for an answer, in the end saying just, Not mine, not mine. Rachel is defenseless and feels wiped out inside as she is compelled to wear that sweater. So much accentuation is given to what Rachel is thinking, however the exchange can show her outward character. Rachel is non-angry, tentative, and timid. Rachel frantically needs her horrible day to be finished. She needs to be one hundred and two, since then days like this one would be a long ways behind. After she is brought to tears and hesitantly she gets into the sweater and despite the fact t hat she didn't need to wear the sweater long, she is changed. The circumstance with the sweater has represented a test for her. She before long acknowledges confronting difficulties is at the establishment of experience. Her old self buoys away like an inflatable. Sandra Cisneross Eleven uses perspective, word usage, discourse, and imagery to describe an eleven-year-olds transitioning. The exceptional attributes of an eleven-year-old have permitted her to make significant revelations about growing up. Rachel endures her embarrassment, and gets keen eleven. She feels keen eleven, and at very nearly a year sooner than expected. Rachel understands that individuals are the aggregate of their experience. She urgently needs to be one hundred and two, however understands that her experience means eleven. .u2ea2fa3ef941d9ffd172171dc4064051 , .u2ea2fa3ef941d9ffd172171dc4064051 .postImageUrl , .u2ea2fa3ef941d9ffd172171dc4064051 .focused content zone { min-tallness: 80px; position: relative; } .u2ea2fa3ef941d9ffd172171dc4064051 , .u2ea2fa3ef941d9ffd172171dc4064051:hover , .u2ea2fa3ef941d9ffd172171dc4064051:visited , .u2ea2fa3ef941d9ffd172171dc4064051:active { border:0!important; } .u2ea2fa3ef941d9ffd172171dc4064051 .clearfix:after { content: ; show: table; clear: both; } .u2ea2fa3ef941d9ffd172171dc4064051 { show: square; progress: foundation shading 250ms; webkit-change: foundation shading 250ms; width: 100%; haziness: 1; change: darkness 250ms; webkit-change: murkiness 250ms; foundation shading: #95A5A6; } .u2ea2fa3ef941d9ffd172171dc4064051:active , .u2ea2fa3ef941d9ffd172171dc4064051:hover { mistiness: 1; change: obscurity 250ms; webkit-progress: obscurity 250ms; foundation shading: #2C3E50; } .u2ea2fa3ef941d9ffd172171dc4064051 .focused content territory { width: 100%; position: relativ e; } .u2ea2fa3ef941d9ffd172171dc4064051 .ctaText { outskirt base: 0 strong #fff; shading: #2980B9; text dimension: 16px; textual style weight: intense; edge: 0; cushioning: 0; text-embellishment: underline; } .u2ea2fa3ef941d9ffd172171dc4064051 .postTitle { shading: #FFFFFF; text dimension: 16px; text style weight: 600; edge: 0; cushioning: 0; width: 100%; } .u2ea2fa3ef941d9ffd172171dc4064051 .ctaButton { foundation shading: #7F8C8D!important; shading: #2980B9; fringe: none; fringe span: 3px; box-shadow: none; text dimension: 14px; text style weight: striking; line-stature: 26px; moz-fringe range: 3px; text-adjust: focus; text-design: none; text-shadow: none; width: 80px; min-tallness: 80px; foundation: url(https://artscolumbia.org/wp-content/modules/intelly-related-posts/resources/pictures/straightforward arrow.png)no-rehash; position: outright; right: 0; top: 0; } .u2ea2fa3ef941d9ffd172171dc4064051:hover .ctaButton { foundation shading: #34495E!important; } .u2ea2fa3ef941d9ffd17217 1dc4064051 .focused content { show: table; tallness: 80px; cushioning left: 18px; top: 0; } .u2ea2fa3ef941d9ffd172171dc4064051-content { show: table-cell; edge: 0; cushioning: 0; cushioning right: 108px; position: relative; vertical-adjust: center; width: 100%; } .u2ea2fa3ef941d9ffd172171dc4064051:after { content: ; show: square; clear: both; } READ: Shakespeare - minister laurence Essay

Medical Dominance, Doctor-Patient Relationship and Deviant Behavior free essay sample

At the point when we are wiped out, the greater part of the individuals will go to emergency clinic and look for help from specialists, since they have proficient clinical information to assist us with adapting to the ailments. Additionally, they are the significant callings in the general public, as everybody may become ill and they are the just one to assist us with mitigating the torment. Accordingly, this idea offer ascent to clinical strength over patients, other medicinal services occupations and the entire society, bringing about an irregularity social force. Right off the bat, at whatever point we are conceived or passed on, no one but specialists can be the one to testament our introduction to the world and demise. As everybody needs to encounter these two phases, we can just take orders from them and afterward this certainly expands the clinical force for specialists. Furthermore, a large portion of the particular administrations need the referral from general expert, since they fill in as the primary purpose of contact with patients; they own the privilege of endorsement over other wellbeing callings. We will compose a custom exposition test on Clinical Dominance, Doctor-Patient Relationship and Deviant Behavior or on the other hand any comparable theme explicitly for you Don't WasteYour Time Recruit WRITER Just 13.90/page At long last, specialists are qualified to arrange a remedy for debilitated individual; they have legitimated command over us and the general public. Every one of these things show that specialists are in predominance over different occupations. Nonetheless, I think this marvel is out of line and specialists ought not hold an excessive amount of clinical self-sufficiency in the event that the abuse of intensity happened. In some cases when I viewed the paper, there is news about the expert wrongdoing of specialists, for instance, improper sexual contact with licenses, illicit or deceptive endorsing, unseemly giving of clinical endorsements or keeping of clinical records, etc. As indicated by BBC news dated 5 December 2007, a top Indian specialist looked for over unlawful newborn child checks for quiet, so as to let the patient knows the sexual orientation of the infant. Nonetheless, therapeutically helped sex determination is illicit in India to keep away from premature birth of young ladies as Indians regularly see a kid is better than a young lady. This uncovers specialists will likewise utilize their clinical information and capacity to overstep the law purposely. To put it plainly, clinical strength has the two favorable circumstances and impediments. For a certain something, it benefits specialists to have self-rule to settle on a choice in proficient practice independently, yet it additionally entitles an excess of control over them to do unlawful things. In my perspective, specialists ought to reserve the privilege to concede access to inspect patients’ body capacity and strength in demonstrable skill, yet they have to represent the advantages of patients and the general public all in all, instead of thinking about their own advantage just, and in this way to be a decent mindful callings Another theme concerned me more than anything else is specialist persistent relationship. I think a decent connection among specialist and patient is significant, on the grounds that it can create trust and care with one another to expand the proficiency of discussion. These days, specialists are as a rule in a more noticeable situation than patients. It appears that specialist and patient are absence of connection and correspondence; it is bound to be an inquiry and answer area instead of appraisal. It is on the grounds that based of my perceptions, the vast majority of the specialists basically ask the patients’ inquiries like â€Å"What side effects do you have? †, â€Å"How long do you experience the ill effects of this ailment? †, â€Å"Do you experience the ill effects of any hypersensitivities? and so forth.. They simply continue posing these sorts of inquiry so as to rapidly analyze the sicknesses, and afterward stated: â€Å"Next, if you don't mind † I think this sort of act is an unreliable and absolutely disregard the genuine needs of patients.

Ex-CFO of Mental Health Hospital Linked to Florida Payday Loan Scheme - OppLoans

Ex-CFO of Mental Health Hospital Linked to Florida Payday Loan Scheme - OppLoans Ex-CFO of Mental Health Hospital Linked to Florida Payday Loan Scheme Ex-CFO of Mental Health Hospital Linked to Florida Payday Loan SchemeInside Subprime: October 11, 2019By Lindsay FrankelThe former CFO of mental health hospital delivered promising news about the hospital’s finances during the two years he worked there, but his involvement in a payday loan-style Ponzi scheme gave rise to further analysis, which revealed that the hospital was deep in debt.Before being hired at the center, the CFO worked for a commercial loan firm that allegedly defrauded 3,600 investors of $322 million. The company allegedly disguised its $50 million shortfall with money from new investments, and the CFO lied about the firm’s financial status while claiming that an independent audit deemed that investments would result in a high rate of return. In reality, no such audit had taken place. The CFO was indicted in August shortly after quitting his job at the hospital.The CEO of the commercial lender allegedly used money from investors to fund an extravagant lifestyle that included luxury cars and vacations. The CFO admitted that he was aware of the CEO’s actions, but he still transferred money from the firm’s accounts. The CFO could serve up to five years in prison and be subject to a fine of up to $250,000 for his crimes. He faces sentencing in December.The board at the hospital didn’t find out about about the CFOs involvement in the scheme until after he left the hospital. So far, the center has uncovered no evidence of wrongdoing, but independent financial audits conducted in 2017 and 2018 found weaknesses that could have made it possible for an employee to alter the books undetected.The hospital does not plan to hire a forensic accountant to determine how they ran out of millions or whether the CFO could have stolen money from the center. The Board Chairman told The Palm Beach Post that the center is more focused on keeping its doors open.“I still haven’t gone back and done the analysis on what was there. I’ve tried to focus more on all we’ve been dealing with since all this came up,” the Chairman said. “If I can stop the patient from bleeding now, then I can go back and diagnose the disease, process and come up with a plan. But if I can’t stop the patient from bleeding, it doesn’t make any difference because they’re not going to survive anyway.”Learn more about payday loans, scams, and cash advances by checking out our city and state financial guides, including  Chicago, Illinois, Florida, and Texas.Visit OppLoans on YouTube | Facebook | Twitter | LinkedIn

Use Of Mindfulness Training On A Learning Task - 1537 Words

In the journal article, The Influence of a Brief Mindfulness Exercise on Encoding of Novel Words in Female College Students, published in Mindfulness, Bonamo, Legerski, Thomas (2015) designed a study to see if the cognitive benefits associated with mindfulness training found by previous research would lead to increased performance on a learning task. To support the purpose of the study, the researchers used the existing literature on mindfulness that shows converging evidence for mindfulness training’s capacity to improve attention, working memory, and self-regulation (Beauchemin, Hutchins, Patterson, 2008; Chan Woollacott, 2007; Hà ¶lzel et al. 2011). However, most previous research has evaluated the effects of extensive mindfulness†¦show more content†¦Because of the large enough sample included in the study, the unequal sample sizes in the conditions is not a source of major concern. In this design, the condition of the participants would be considered a three level independent variable because it is what is being manipulated by the researchers in the experiment. The participants completed the experiment individually or in a small group with other participants (up to five participants) in the same condition. Since there were a different number of participants in each condition that completed the experiment individually or in a group, this aspect of the design could be concerning by potentially introducing error into the measurement if completing the experiment individually or in a group has a differential effect across conditions. The experiment began with the participants completing a series of questionnaires, including a demographic survey, and measures for state and trait anxiety, depression, ADHD, and trait mindfulness. Specifically, state and trait anxiety were measured using the State-Trait Anxiety Inventory (STAI), depression was measured with The Center for Epidemiologic Studies Depression Scale, NIMH (CES-D), the six most predic tive items of the Adult ADHD Self-Report Scale (ASRS-v1.1) were used to assess attentional problems, and trait mindfulness was measured assessed with the Five Facet Mindfulness Questionnaire (FFMQ).

Impact Of Agriculture On Water Pollution - 2243 Words

The journal article â€Å"Impact of Agriculture on Water Pollution in OECD Countries: Recent Trends and Future Prospects† shed light on the effect of agriculture on our natural water systems. The OECD is the Organization for Economic Co-operation and Development. This organization has over thirty-five countries as its members, and aims to research and uses the research on a wide spectrum of topics to ensure governments foster economic growth, financial stability, and overall prosperity of the country. This article specifically touches on agricultures effects on water resources. The article looks at this topic in trends and overview of current agriculture pollution, the economic cost of agriculture water pollution, the OECD policies implemented in improving water quality and lessening pollution, Future prospects and movement towards sustainable management of water resources. I chose this article because it addresses a problem and goes into the research about that problem from m any different countries, but the article offers solutions or gives way to some band aids, for improvement. That was the main difference I noticed in choosing an article, most of them offer no solution and only weigh the reader down with impenetrable problems. Also this organization has access to data that spans over thirty-five countries, so it seemed to be the most reliable source of information. Although the organization of the article could have been better it was an overall enlightening read. What isShow MoreRelatedInformative Speech : Animal Agriculture1628 Words   |  7 PagesTopic: Animal Agriculture Specific Purpose: To persuade my audience that eating meat and other animal derived products like cheese, milk, and yogurt is harmful to us and our planet. Thesis: The buildup of Animal Agriculture is a great destruction to our planet and our species. It is creating lots of negative impacts like overuse of water, water pollution, destruction of land, depletion of natural resources, mass extinction of animals (especially fish), and atmospheric pollution which causes globalRead MoreThe Effects Of Agriculture On The Environment1561 Words   |  7 PagesWhile agriculture is pivotal to human survival, it has some very detrimental effects on the environment. Agricultural production is first and foremost an industry that directly depends on natural resources such as water, land and a multitude of plants and animals. The exponentially growing human population and ever changing consumption patterns have stimulated the evolution of agriculture from the traditional to a now modern, intensive system. (Natural Resources Management and Environment DepartmentRead MoreProblem, Solution and Barrier Paper1555 Words   |  7 PagesAGRICULTURAL WATER CONTAMINATION 1 Remediating Agricultural Water Contamination: Problem, Solution, and Barriers Paper Student Name COMM 2367 MWF 9:10 Instructor Name September 29, 2012 REMIEDIATING AGRICULTURAL WATER CONTAMINATION Remediating Agricultural Water Contamination: Problem, Solution, and Barriers Paper Problem Concerns about water pollution are generally focused towards sources that are highly visible and chemically oriented. However, the greatest causes of water contaminationRead MoreAnimal Agriculture : The Devastating Environmental Impacts Essay1546 Words   |  7 PagesAnimal Agriculture: The Devastating Environmental Impacts Since the beginning of mankind, we have become dependent on animal products as a food source. As population increased, so did the production of animal agriculture and its profitability. Unfortunately, it has grown into an industry that is unsustainable for this planet and is demolishing our environment at an astonishing rate. In the academic article, ‘Cowspiracy’ Strips the Meat Industry Down to the Bone, Ford reports the shocking statisticRead MoreThe Environmental Impact Of Agriculture Essay1253 Words   |  6 PagesThe Environmental Impact of Agriculture Facing challenges of exploding population growth throughout the world, and with that more mouths to feed, the pressure on the business of agriculture to create food security remains enormous and growing. â€Å"Malnourishment effects 1 in every 3 people on earth, and about 18 million people, mostly children, die each year from starvation. Thirty-seven countries are expected to have food emergencies, with Africa standing out as the continent with the most seriousRead MoreMeat Production And Environmental Health1437 Words   |  6 Pagesand Environmental Health Introduction Global meat production rose to a new peak of 308.5 million tons in 2013, according to the UN Food and Agriculture Organization (FAO), a more than fourfold increase over the last five decades. Even more startlingly, meat production has grown 25-fold since 1800 (Horrigan, Lawerence Walker, 2002). Globally, agriculture utilizes nearly 70 per cent of the world s available freshwater. One-third of that percentage is used to grow grains to feed to livestock (ECOSRead MoreA Brief Note On The Rio Grande Basin991 Words   |  4 PagesA Scarcity of Water is Occurring in The Rio Grande Basin. What is the source that more than six million people rely for drinking water and irrigation? What river did Will Rodgers describe as â€Å"the only river I know that is in need of irrigating?† It is the Rio Grande. With the help of hours of research, this paper will discuss some information about The Rio Grande Basin, why The Rio Grande Basin has been declining and why, the effect that this occurrence has on the environment as well as theRead MoreThe Effects Of Groundwater Pollution On The World1439 Words   |  6 PagesGroundwater pollution is a prominent problem in most areas of the world. High nitrate concentrations have been identified as one of the main culprits of groundwater pollution. Agriculture is a primary anthropogenic source involved in the spreading and distribution of nitrates in rural areas. China is considered one of the largest in terms of agricultural production. As the population of China increased over time, the recycling of plant nutrients could no l onger renew the loss of nutrients from harvestingRead MoreThe Species Richness Of Aquatic Macro Invertebrates Among Three Streams Types1053 Words   |  5 Pagesspecies found in the agriculture stream. Figure 2. The biotic index of the three types of streams was calculated by the sum of total tolerance values divided by the sum of total number of individuals. The forest stream had the lowest FBI value, followed by the urban stream and the agriculture stream. Figure 3. The relative frequency of the functional feeding groups of each stream type. The total number of individuals for each stream was 368, 1334, and 510 for the forest, agriculture, and urban streamsRead MoreInformative Speech : Animal Agriculture1076 Words   |  5 PagesTopic: How Animal Agriculture Waste Shapes the Environment Organization: Topically Specific Purpose: To inform my audience about the ways animal agriculture shapes the environment. I. INTRODUCTION A. Attention getter: According to the Food and Agriculture Organization of the United States, animal agriculture is a leading source of carbon dioxide, nitrous oxide, and methane emissions, the top three greenhouse gasses (FAO, 2006). B. Relevance: We all share the same planet, therefore, I believe it

A Second Argument Pro Life Advocates - 1203 Words

A third argument pro-life advocates have against abortion is regarding adoption. They believe that it is better for a woman to give birth to her baby at term and give it up for adoption than it is to abort it. They say that there are endless numbers of couples in the world that are not able to conceive or it is not safe for the mother to have children, that would be more than happy to adopt. As good as adoption is, the reality is that it can be very hard emotionally for the birth mother. Placing a child up for adoption can be very traumatic. The birth and the surrendering of the child may prompt various phases of grief including shock and denial, sorrow and depression, anger, guilt, and acceptance. Some women may feel it is easier emotionally to terminate a pregnancy in the early weeks while it is only a small bundle of fetal tissue. Going through a nine month pregnancy is a long and taxing process physically, mentally, and emotionally. In another situation, a woman may feel terminating her pregnancy is better than adoption if the father of the child has been abusive and wants to keep the baby. At that point, not only does that put stress on the mother thinking about the future for her child, but also brings more people into the decision, which can cause a lot of strain. Another issue facing adoption is the reality of many babies being born with serious physical and mental handicaps. Many women abort their children after finding out they have some sort ofShow MoreRelatedAbortion : Affirmative Position Debate Outline1642 Words   |  7 Pagesprolife advocates. Pro-choice advocates believe that it is a woman’s right to choose whether or not she wants to follow through with a pregnancy regardless of the circumstances. In some cases women find themselves in difficult socioeconomic, health or emotional situations and thereby abortions are necessary in order for them to live fulfilling lives. On the other hand, pro-life advocates suggest that there are other viable options than abortion, such as adoption. This is because pro-life advocates believeRead MoreAbortion : Abortion And Abortion Essay921 Words   |  4 Pagesthey believe abortion should be legal but restricted. The argument of abortion is primarily a moral issue that has created a divide between two groups of people. In general, the two opposing groups are pro-life and pro-choice. Pro-life includes those who do not support abortion, namely the Texas republican party. Pro-choice includes those who support a woman’s choice to have an abortion namely the Texas democratic party. One of the many arguments made against abortion is that, â€Å"abortion is prima facieRead MoreShould Abortion Be Legalized?1172 Words   |  5 Pagesethically wrong should it be legal for victims of rape or incest who have no other alternative? Pro-Life advocates believe as horrible as abortion is, the baby is still innocent of any crime. Nobody should be killed for the crime of another person. While Pro-Choice advocates believe if a woman is pregnant by rape, compassion demands that she be allowed to abort. On the other hand, the pro-life vs pro-choice debate tends to overlook the fact that the vast majority of women who have abortions do notRead More Abortion in Extreme Circumstances Only Essays1357 Words   |  6 Pagesfetus deals with a very complex definition of what a human life is. As Alan Keyes says, â€Å"Whether a life is a human life, entitled to respect for all the basic, inviolable rights of humanity – this is a critically important judgment.† No one person has the right to say when life begins and this is where the controversy on the issue of abortion stems from. Pro-life advocates define human life as beginning at the moment of conception, while pro-choice supporters claim that once the egg and sperm areRead MoreThe Abortion Debate Essay1544 Words   |  7 Pageshighly debated topic in today’s society. In this essay I will examine both sides of the abortion issue. I will begin with a brief overview of the abortion debate, to include the morality of the situation. Next I will discuss the Pro-Life argument. Lastly I will look at the Pro-Choice view. In the final analysis I will show how utilitarianism, altruism, and situational ethical views apply to abortion. Having in mind the extreme controversy surrounding this issue, I will examine the history of abortionRead MoreAbortion, Pro Choice And Pro Life1536 Words   |  7 Pagesat which â€Å"life† actually begins. There are many points of view toward abortion but the only two fine distinctions are pro-choice and pro-life.† As expected, there are many people against abortion, these people are better referred to as pro-life advocates,† they advocate the life of the baby over the woman s right to choose. Pro-life advocates feel that there are other options other than abortion. Adoption, for instance, provides an alternative to abortion. Many pro-life advocates feel like,Read MoreWoman ´s Right on Abortions1198 Words   |  5 Pageshas not always been this way. â€Å"Women of the past often didn’t get much a choice about their sexuality† (Bringl e). However by 1950s, a pill to prevent pregnancy was created. Though this contraception was created, it was hard to get. A birth control advocate, Margaret Sanger, â€Å"attacked legislative restrictions on birth control†, informed many women the uses and positive aspects of using contraception, and encouraged doctors to give contraception guidance by opening â€Å"the first birth control clinic inRead MoreArgumentative Essay On Abortion1077 Words   |  5 Pagesprocess of taking the life of an innocent unborn child resting harmlessly in their mothers womb. Abortion is known to be a sensitive topic, but like the conservative political commentator Ben Shapiro said, â€Å"Facts dont care about your feelings† (qtd. in Berrien). Pro-choice supporters deny the facts that abortion is wrong and disgusting. Abortion is an evil act and it should be made illegal. The most controversial parts of the abortion debate is when life actually begins. A human life begins at the momentRead MoreGun Control1095 Words   |  5 Pagesthis subject and what I believe the United States Government should do to be able to best combat this tremendous issue. I use research from multiple sources that contrast each side of the argument and give an overall insight into the world of modernized gun control. Gun Control: The Battle Rages On With the Second Amendment giving American citizens the rights to bear arms, and approximately fifty percent of Americans owning some form of a firearm, issues involving the ownership and possession ofRead MoreThe Slavery Of The Bible1371 Words   |  6 Pagesthey did. Both pro and anti slavery sentiment were largely fueled by interpretation of scripture, as the Bible does provide substance for both sides of the argument. Pro slavery advocates pointed to the fact that Biblical characters had slaves, and there are pro slavery verses in the Bible. Abolitionists argued that God loves all people equally, and they should be treated as such, and that there are other verses that condemn the practice of slavery. Abraham Lincoln, in his second inaugural address

Essay about the Corporation Law

Question: Write an essay about the Corporation Law. Answer: The Corporations Act, 2001 is a commonwealth law, but due to many constitutional difficulties, the Act became a combination of territory, state and commonwealth legislation. The source of law that is important for understanding Australian company law is common law and the terms are often used interchangeably[1]. The Australian Securities Exchange (ASX), earlier that known as Australian Stock Exchange, played a very vital role in the regulation of the laws and rules in the area of Australian Companies. However, due to major changes the responsibility was shifted to Australian Securities and Investments Commission (ASIC)[2]. The ASX shall continue to play a major role in the listing of exchange and securities. Other regulators who are responsible for overlooking the operations of companies are their directors, officers and the Reserve Bank of Australia. This essay shall discuss about the duties of directors of companies and it shall also discuss about the implications of contravention of duties of the directors[3]. In Australia, the period between 2009 till 2011 was very turbulent and an important year for the directors and their officers. In consonance with the influence of overseas and the robustness of economy in Australia, there occurred a large number of corporate collapses. Some of the corporate collapses were high profile in nature while some were of minor importance[4]. As a result of increased disturbances in media and elsewhere, a need for further legislation was required and many policies pertaining to companies and their directors were incorporated. The duties and responsibilities of the directors is an origination of not only the Act, but also from the common law[5]. Common law is a body of precedents containing cases that have been decided in Australia and in other jurisdictions. The directors and officers need to be aware of the rules and their obligations as officers or directors of the companies. Therefore, the Corporations Act, 2001 containing a detailed discussion of the righ ts and liabilities of the duties of the directors[6]. The duties of the directors are almost same in proprietary companies and public companies. The roles and responsibilities continue to be the same; the only difference lies in their applicability of their role depending on the nature and working of their business. The basic roles and responsibilities continue to remain the same. The common law duties of directors include duty to act bona fife. This means directors should act in good faith and in the advantage of their company and not for personal gain[7]. Often directors fail to recognize the needs and requirements of the company and they act in favor of their personal interest. Directors are supposed to act in good faith and their decisions should be in favor of the interests of the company rather than their personal gain or advantage. Directors of the companies should not act for a wrong or improper purpose. This means that directors should not misuse their power for improper or wrong reason. Directors of the company are endowed with huge powers and responsibilities. The directors should not misuse their powers in a way that gives them personal benefit. If directors begin misusing their powers for their personal advantage then the voting powers of the existing shareholder shall reduce. Inclusion of such a duty was for promotion of the interests of the company and not for promotion of personal interests of the director. Another common law duty of directors is that they have the duty of care and diligence, meaning that directors have the duty to be informed about the financial affairs of the company including the solvency of the company. This duty of the director is not diminished by delegation of their responsibility. They are required to be informed about the decisions that are taken in their behalf or in their absence. Hence, it is the duty of the directors to avoid conflicts of interest, directors are known for having fiduciary duties[8]. This means that there is existence of important legal relationship between directors and their companies. Fiduciary duties are not part of the statutory law; it is part of the common law duties. In a situation where there is conflict of interests between the directors and the company, the director should choose for the interests of the company and not their personal interest. An additional duty to the fiduciary role of directors is not to disclose confidential i nformation of the company to outsiders[9]. This means that directors of the company should not disclose the information of the company to some other person who may be considered as competitors of the company. However, this may also mean that directors of the company should not use the confidential information of the company for their personal advantage or gain. A director of the company should be careful in this regard. As a director of the company, one may have many corporate opportunities and functions. Hence, directors of the company should not exploit corporate opportunities[10]. Directors should avoid situations where there personal interest is in conflict with the interests of the companies. The common law duties of directors stay focused on the fiduciary duties. However, the Corporations Act, 2001 give a detailed description of the statutory duties of the directors. Chapter 2D of the Corporations Act contains a detailed description of the duties of the directors. The duties of the directors include duties of care and diligence, improper use of position and good faith. Other related provisions include duties regarding insolvency, financial benefit to the related parties and reporting of financial information[11]. Section 180 of the Act deals with duty of care and diligence, this duty was part of the common law duty and is reinforced as a statutory provision under section 180 of the Corporations Act, 2001. According to section 180 (1) of the Act, a director should act exercising his ordinary sense of care and diligence. Section 180 (2) of the Act imposes a duty on the director whereby he should make his judgment for a proper and justified purpose in favor of the company. According to section 181 of the Act, a director should act in good faith, meaning that the director should act in the best interests of the company and for a justified purpose[12]. A director of the company should not make improper use of the position of which he is given responsibility of. It was seen in many cases that directors of the companies misuse their power to obtain personal benefit from it and cause detriment to the interests of the companies. If directors are seen in engaging in such act that willfully causes detri ment to the interests of the company then he may be held liable for breach of section 182 of the Act. To gain advantage for themselves, a person who is a director should not use information of a corporation for their personal advantage thereby causing detriment to the company. This is contained in section 183 of the Act and a director who is seen engaging in such activities shall be held liable for breach of section 183 of the Act. Section 184 of the Act deals with criminal offences in which the directors of the company may be held liable. According to section 184 if the director of the company commits any offence which is reckless or dishonest in nature and as a result of such reckless activity the director failed to exercise his duties in good faith then he may be held liable for breaching section 184 of the Act. Additionally, if the director of the company uses their position with dishonest intention to gain personal advantage for themselves or others or if the director uses personal information of the company for his personal gain, then he may be held liable for criminal offences under section 184 of the Act. Part 5.7B of the Corporations Act, deals with the duty of the directors to avoid insolvent trading and the consequences of breach are explained in this section. According to section 588 (1) and 588 (2) of the Act, where a company incurs debt at the time when the company had become insolvent and the director of the company was aware of such a fact and despite of being aware of such a scenario he failed to prevent the company from trading, then the director may be held liable for breach of their duty. Section 191 to 195 imposes a liability on the director to disclose matter of personal interest to the company. It is the duty of the director to expose the nature and extent of dealing with the company. A proper disclosure should be made by the director to the company. Failure to do so may make the director liable for breach of his duty. Sections 209 till 210 deals with the financial benefits that are related to the public companies, this section requires shareholder approval in matters t hat are related to financial benefits. Contravention of this section shall lead to breach of section 208 of this Act and directors may be held liable in this context. Sections 285 till 318 deal financial reporting of the companies where the directors are to exercise their power with care and diligence. Failure to report the financial records correctly may make them liable for breach of this section. Other sections such as section 189, 190 and 198 D of the Corporations Act, 2001 imposes liability on the directors to act woth care and diligence on the information that is available to them of the company. In the case of ASIC v. Adler[13], the Court held the directors liable for breach of section 210 of the Act, wherein the directors did not take approval of the shareholder before dividing financial benefits. In the case of ASIC v. Rich[14], it was held that Chartered Accountants may be considered as directors of the companies depending on the responsibilities that he or she is given. In this case the Chartered Accountant was held liable for breach of his duty as a director. He was held liable under section 180 sub section1 of the Act. In the case of ASIC v. Vizard[15], Vizard was held liable for breach of section 183 of the Act. As per this section, a director should not use confidential information of the company for their personal advantage. In this case, Vizard was held liable for using confidential information for his personal benefit. Similarly in the case of ASIC v. Vines[16], Vines was held liable for breach of section 180 and sections 190 till 195 of the Corporation Act, 2001. Breach of section 184 and section 588G would attract would attract criminal liability and directors may have to face criminal proceedings for contravention of this section. Contravention of section 180 (1), 181, 182,183,588G (2) and 209 may make the directors liable for breach of civil liabilities. For breach of liabilities, the Court may impose penalty up to 200,000 dollars under section 1317G of the Act. Additionally, a director may also have to pay compensation to the company for the contravention of their duties and sometimes this may also result in disqualification from managing corporations. This is enumerated in section 206C of the Act. With this we may draw a conclusion that there are significant challenges that are to be faced to make the Corporations Law more effective and efficient. This may be achieved by balancing theory along with practical applications. Today we are at a stage of early development along with policy and research agenda. We have seen that much effort is been put into making new legislations for development of new strategies. However, much remains to be done in making sure that regulator and Courts focus on enforcing enforcement strategies in regard to the Corporations Act, 2001. References: ASIC v Adler 4 Others [2002] NSWSC 171; (2002) 41 ACSR 72 ASIC vStephen WilliamVizard[2005] FCA 1037 Australian Securities and Investments Commission v Rich [2009] NSWSC 1229 Begum, Afroza. "Blending fairness and efficiency: An analysis of its desirability in the context of insider trading laws in Australia."Journal of Financial Crime20.2 (2013): 203-221. Bowley, R. N. "Federal Court declares multiple contraventions of fundraising and financial services laws in scheme targeting SMSF investors: ASIC v ActiveSuper [2015] FCA 342."Butterworths Corporation Law Bulletin(2015). Buss, William, and Emily Buss. "Escaping the American Blot-A Comparative Look at Federalism in Australia and the United States through the Lens of Family Law."Cornell Int'l LJ48 (2015): 105. Fisher, Douglas E. "The rule of law, the public interest and the management of natural resources in Australia."Environmental and Planning Law Journal31.3 (2014): 151-163. Florey, Katherine J. "State Law, US Power, Foreign Disputes: Understanding the Extraterritorial Effect of State Law in the Wake of Morrison v. National Australia Bank."Boston University Law Review92.2 (2012). Groves, Matthew, ed.Modern Administrative Law in Australia: Concepts and Context. Cambridge University Press, 2014. Hiller, Janine S. "The benefit corporation and corporate social responsibility."Journal of Business Ethics118.2 (2013): 287-301. Jain, M. P. "014_Reform of Administrative Law in Australia." (2015). Lokuwaduge, Chitra De Silva, and Anona Armstrong. "The impact of governance on the performance of the higher education sector in Australia."Educational Management Administration Leadership43.5 (2015): 811-827. Sheehy, Benedict. "Defining CSR: Problems and solutions."Journal of Business Ethics131.3 (2015): 625-648. Vann, Richard J. "Hybrid Entities in Australia: Resource Capital Fund III LP Case."Tax Treaty Case Law(2014).