Tuesday, May 26, 2020
The Lost Secret of Ordovician-silurian Mass Extinction Essay Topics
The Lost Secret of Ordovician-silurian Mass Extinction Essay Topics The polar bear is a great instance of this. One particular ultimate reason an extinction event may occur is the interdependent character of food webs. It was not till recently the seriousness of the hunt for ringed and bearded seals, their primary food supply. If proper steps aren't taken to protect the wild animals, very soon they will face the chance of extinction. There's no way having predicting the way the extinction of a fly may impact its native ecosystem. Such instances of animal extinction because of humans are becoming more and more common. It is advised that extinction occurred due to a shift in the food supply for Megalodon in addition to increased competition from various other megapredators, such as early killer whales. And you're not able show them in the zoo since they are already extinct. The Start of Ordovician-silurian Mass Extinction Essay Topics Within the next section, we will look at the significant mass extinction events that have occurred in the planet's past. Human activity has had a tremendous effect on Earth earth. It is thought that an ice age was the reason for the mass extinction. Some of these can be connected, like an asteroid impact triggering volcanic activity. Abstract Understanding the evolutionary function of mass extinctions requires detailed understanding of postextinction recoveries. They are ve ry mysterious phenomena. Other smaller extinctions also have been recorded. As an example, it's the very first known mass extinction to be due to a species, especially a single species, as opposed to through abiotic all-natural causes like volcanism or asteroid impact. Things You Won't Like About Ordovician-silurian Mass Extinction Essay Topics and Things You Will In the future, extinction wouldn't be a long ways in the future of the species. The extinction seems to have occurred in a lot of phases. Background extinction may also occur suddenly. A present mass extinction is waving through the entire planet. Additional evidence of a human-induced extinction event is supplied by Kolbert's profile of a number of species, some which are already extinct and a few of which are on the brink of being eradicated. It's quite imperative that wild animals want to be guarded against extinction since they not only increase the all-natural environment but they're a significant part of th e ecosystem. Unfortunately, plenty of animals are facing habitat loss and it is brought on by the human activity. Other animals play a significant function in keeping the planet's ecosystems functioning. Within the oceans, even though the effect of human activity can be challenging to measure, there's significant damage. The principal effect of the asteroid was supposed to create an impact winter. To begin with, the decline in temperature gradient in the oceans from equator to pole caused a drop in oceanic circulation. On account of the polluted air, humans won't be able to breath properly and the planet's temperature increases immensely. Using Ordovician-silurian Mass Extinction Essay Topics All of them are man-made. He's determined the 2 events occurred within 100,000 decades of one another. The event is so striking that it signals a significant turning point in the planet's history, marking the conclusion of the geologic period called the Cretaceous and the start of t he Tertiary period. It may, in fact, be a series of events so close in time that they are not well defined in the fossil record. The Ordovician-silurian Mass Extinction Essay Topics Pitfall The above-mentioned topic selection may give you a very clear understanding of what things to write about. It is possible to also restate the ideas you've discussed in the body paragraphs in order to make your point valid. Your thesis needs to be relevant so the guide can use a structure that's flexible in order to fit in the shoes of the readers. The topic has to be interesting, the topic has to be essential and finally the topic has to be informative. A decline in the area of these organisms' habitat meant a reduction in the access to food for nearly all marine organisms. Sometimes extinction sometimes happens over a lengthy period. Background extinction is a procedure that occur over a lengthy period. Over 80 percent of all of the known genera disappeared after this function. Life, Death, and Ordovician-silurian Mass Extinction Essay Topics Put simply this usually means a massive quantity of species die out a tiny quantity of time. Mass extinction usually means the decrease in the amount of species in a rather short time period. We would like to get on with the work of saving biodiversity,'' he explained. As a consequence of increasing human populations, habitat loss is the best factor in current heights of extinction. Extinction therefore becomes a certainty whenever there aren't any surviving individuals that could reproduce and generate a new generation. International warming is still a developing threat to the environment. This is called the Ordovician Bioerosion Revolution. Starting around 300 years back, the Industrial Revolution gave us an increased capacity to alter the environment. Type of Ordovician-silurian Mass Extinction Essay Topics The sources for the Late Devonian event aren't understood well, and numerous hypotheses abound. Humans a re the issue, but they're also the solution. In the majority of instances, the hypothesized causes continue to be controversial. Industrialization is a complicated collection of socioeconomic methods of life that has come to be quite conspicuous from the 18th century. Industrialization or Industrial Civilization is an intricate subject.
Sunday, May 17, 2020
The Minimum Wage Debate - 870 Words
The minimum wage debate has recently made a large comeback in United States politics. Contemporary studies show over 3.8 million Americans are paid at or below minimum wage (Dickinson 33). Many have looked skeptically back on past wage systems and have questioned wageââ¬â¢s relationship to current market inflation. In response to this inquiry, a large majority of the general population, relatively unrelated to their degree of income, support legislation to increase the minimum. However, the issue has split into a bipartisan debate in Washington. Liberal ideals stem from the belief that raising the minimum wage is positive and helps close the income gap; alternatively, conservatives feel raising the minimum wage causes unnecessary harm toâ⬠¦show more contentâ⬠¦More money reenters the economy and that business sectorââ¬â¢s profit is maintained if not increased. Legislation to raise the minimum wage in the United States is a necessary tool to assist working impoverished fa milies. Mike Konczal states, ââ¬Å"Raising the minimum wage to $10.10 would lift 4.6 million people out of poverty (33). As well as lifting millions from poverty, the increase would greatly impact those living in extremely poor conditions and shrink how far below the poverty line others are. These figures display the minimum wageââ¬â¢s necessary role in the alleviation of poverty. It is well known that families who emerge from poverty are unlikely to return to their former conditions. Economists argue that the poor can be helped in better ways such as ââ¬Å"income tax credits for low-income workers or tax policies that encourage asset development and savings for low-income familiesâ⬠(Mejeur 15). These policies can be effective, but raising the income of poorer families, heightened in combination with other strategies, bluntly helps a broad population of those in need. Since the government already has systems to narrowly target individuals, such as the Earned Income Tax Cr edit (EITC), the minimum wage is a more effective new force in fighting poverty (Konczal 34). Increasing the minimum wage floor not only aids those in poor conditions but also improves employer situations. Higher minimum wages solve the matter of quick job turnoverShow MoreRelatedThe Debate On Minimum Wage907 Words à |à 4 PagesThe minimum wages are supposed to ensure the hourly wage workers are able to earn enough money to support themselves with the cost of living. Over the years, the cost of living keeps increasing every year due to the inflation and yet the minimum wages have not been changed since 2007. The minimum wages should be increasing along with inflation rates so that way we can ensure that our hourly wage workers have ability to support themselves. In the past nine years, according to Bureau of Labor StatisticsRead MoreThe Minimum Wage Debate1637 Words à |à 7 PagesThe minimum wage debate brings about a range of reactions from different people. There are those wh o believe that there shouldnââ¬â¢t even be a minimum wage and that wages should be determined by the markets. On the other hand, we have those who vigorously argue for increasing the wage minimum citing inflation, the poverty line and worker productivity. Regardless, we do have a federal minimum wage rate in the United States at $7.25 per hour, with some states having a higher minimum wage than the federalRead MoreThe Debate Over The Minimum Wage Debate1737 Words à |à 7 Pagesduring Carnegieââ¬â¢s time and would mark the very beginning of long and difficult process to achieve workerââ¬â¢s rights that still continue to this day. The minimum wage debate is without a doubt part of these negotiations and has taken the spotlight in recent years. There are two sides to the minimum wage debate: the employees fighting for higher wages who would like to earn enough to keep food on the table for their family, and the employer who is doing what they can to keep costs low and ensure thatRead MoreThe Debate Over Minimum Wage940 Words à |à 4 Pages The debate on raising the minimum wage has been discussed in detail in Congress for the past eighteen months. But as of late, writer William Finnegan suggests, it is ââ¬Å"among the many urgent issues that it [Congress] certainly wonââ¬â¢t address.â⬠Though this issue is important, Congress seems to be putting off making any real decision in regards to raising the minimum wage. The bill to raise minimum wage from $7.25 per hour to $10.10 and hour over a two year period had been thrown around for monthsRead MoreThe Debate Of Raising Minimum Wage1910 Words à |à 8 PagesDebate of Raising Minimum Wage Raising minimum wage has been an ongoing issue for many years. Similar to every debatable issue, pros and cons are inevitable. In the United States, minimum wage started when the Fair Labor Standards Act of 1938 (FLSA) was passed and minimum wage started at 25 cents per hour. The purpose of setting a minimum wage is to set a maximum workweek and to eliminate child labor. It is defined to be the least amount of money employers are obligated to pay their employees byRead MoreThe Minimum Wage Debate ( Hassett Strain )973 Words à |à 4 Pagesthink about minimum wage and what our belief on raising it is, most people think one of two things. People hold to the belief that a raise to the minimum wage good for the economy or it is bad for the economy. The authors of ââ¬Å"the minimum wage debateâ⬠(Hassett Strain, 2013) would attempt to have us look at the debate in another way. In their article they use a number of rhetorical techniques on us to try and have the reader examine why they are in favor of a raise in the minimum wage. Are we in favorRead MoreThe Debate Over The Federal Minimum Wage2149 Words à |à 9 PagesOver the past few years the debate over the raise of the federal minimum wage of the current $7.25 has been argued by both sides, whether it should be raised or not. With both side, the affirmative and negative making strong arguments for their side. We will take a look at how each side frames their issues as how well their counterpart can refute those claims. The affirmative would like to propose the raise of the federal minimum wage to $12.00 by the year 2020; this is the standard that most statesRead MoreEssay on The Debate over Raising the Minimum Wage1502 Words à |à 7 PagesThe federal minimum wage was raised to $7.25 an hour by Congress in 2009, something that has been carried out only a handful of times since the establishment of the wage in the Fair Labor Standards Act in 1938. Even with this modest rise in income, the minimum wage today does not provide for a decent standard of living. It has failed to keep pace with the wage growth of an average American worker. The minimum wage was intended provide a minimum standard of living; to aid in alleviating povertyRead MoreEffects of Increasing Minimum Wage Essay988 Words à |à 4 Pagesidea of having a federal minimum wage is a good one. The idea is to protect low and unskilled workers from discrimination and allow all workers to earn a living wage. The recent debate on the floor, though, is whether or not to raise the minimum wage from the current $7.25 per hour up to $10.10 per hour. President Barack Obama made this proposal during his annual State of the Union Address on January 28, and following this there were many hot debates about it. The debates focused not only on the advantagesRead MoreEffects of Increasing Minimum Wage794 Words à |à 3 Pagesa federal minimum wage is a good one. The idea is to protect low and unskilled workers and allow workers to earn a living wage. The recent debate on the floor, though, is whether or not to raise the minimum wage from the current $7.25 per hour up to $10.10. President Barack Obama made this proposal during his annual State of the Union Address, and after this there were many hot debates about it. The debates focused not only on the pro side and the con side of increasing the minimum wage, but also
Friday, May 15, 2020
Customer Service of Mcdonalds - 2049 Words
McDonaldââ¬â¢s customer services i. Introduction McDonaldââ¬â¢s is the largest chain of fast food Corporation in the world, has become a global most valuable brands. The business began in 1940, with a restaurant opened by siblings Dick and Mac McDonald in San Bernardino, California. Is the world s largest chain of hamburger fast food restaurants, serving more than 58 million customers daily. In addition to its signature restaurant chain, McDonaldââ¬â¢s Corporation held a minority interest in Pret A Manger until 2008, was a major investor in the Chipotle Mexican Grill until 2006. And owned the restaurant chain Boston Market until 2007. It employed more than 418000 people in the world. A McDonald s restaurant is operated by either a franchisee,â⬠¦show more contentâ⬠¦b) Many of the staffs are efficient, so you can buy the product just wait a short time. c) Most of McDonaldââ¬â¢s are 24-hr service on Monday to Friday . many shop closed at 10pm. So if you want eat food after 10pm, McDonaldââ¬â¢s is the best choice. iv. Recommendations 1) Training and development for employees While the McDonaldââ¬â¢s staff is efficient but they off use the same way to serve different customers. And they are doesnââ¬â¢t know how to solve the emergency cases. So the customer offer doubt the authenticity of service. In recent years McDonaldââ¬â¢s have a high profit. The financial can support these costs. And the goals of the training program should relate directly to the needs determined by the assessment process outlined above. Course objectives should clearly state what behavior or skill will be changed as a result of the training and should relate to the mission and strategic plan of the company. Goals should include milestones to help take the employee from where he or she is today to where the firm wants him or her in the future. Setting goals helps to evaluate the training program and also to motivate employees. Allowing employees to participate in setting goals increases the probability of success. 2) Implement customer relationship management McDonaldââ¬â¢s use same way to service loyal customer and common customer because the doesnââ¬â¢t attention customer relationship management. But now the customerShow MoreRelatedCustomer Feedback Management: Its Effects on Quality of Service Delivery in Mcdonalds Recto Outlet2801 Words à |à 12 Pages------------------------------------------------- Customer Feedback Management: Its Effects on Quality of Service Delivery in McDonaldââ¬â¢s Recto Outlet In Partial Fulfillment of the Requirement ------------------------------------------------- in BUS 6J53 ------------------------------------------------- A Research Proposal Presented by M0535 Group 4 Members: Corral, Melissa De Villa, Mark Elli Park, Jongyoung San Antonio, Honeyjoie Supleo, Geraldine SeptemberRead MoreA Report on a Comparison of Customer Service of Fast Food Restaurants in Malaysia: Kfc Versus Mcdonaldââ¬â¢s3295 Words à |à 14 PagesMalaysia. McDonaldââ¬â¢s According to the information, McDonaldââ¬â¢s is the worldââ¬â¢s largest chain of fast food restaurant based in Des Plaines, Illinois in 1955 to today that selling hamburgers around the world and it had been rated at number 9 as the world most famous brand by BusinessWeek. ââ¬Å"For McDonaldââ¬â¢s, foods that primarily sells by them are hamburgers, cheeseburgers, chicken, French fries, breakfast items, soft drinks, shakes and desserts.â⬠But nowadays, due to the changing of customersââ¬â¢ tastes, theRead MoreEssay on A New Solution to Bring Back the Smile1496 Words à |à 6 Pagesthe kids, he does not have a lot of time to prepare dinner. McDonaldââ¬â¢s fits well into his budget, is conveniently located on his way home from work, provides a great atmosphere for family dining, and, to top it all off, the kids love the Happy Meals. Robert and his children visited McDonaldââ¬â¢s five to six times a month and spent around $18 dollars each visit. However, one day Robert and his children stopped in to McDonaldââ¬â¢s before seeing the movie, Pokemon. First, the teenage cashierRead MoreFast Food Chains And Customer Satisfaction Essay1721 Words à |à 7 Pagesattributes like price, service quality, access, product selection, innovation and customer satisfaction. Fast food chains around the world frequently engage in price wars. They lower their prices in order to gain more market share. Fast food chains change their menu in order to appeal to different target markets. Fast food chains use aggressive advertising in order to attract new customers. Fast food chains fight for market share and work to increase the service quality and customer satisfaction. In regardsRead MoreWhat Makes A Quick Lunch For An Economical Price?984 Words à |à 4 Pageswith a variety of fast food restaurants; such as, McDonaldââ¬â¢s and Checkers two of the most well-known fast food restaurants. Far from what we imagined, McDonaldââ¬â¢s and Checkers have a vast distinction of uniqueness. Most people perceive them as the same fast food restaurant with distinctive names. For this reason, people debate on which one of them is the superior restaurant and which one is the more economical restaurant. Even though, both McDonaldââ¬â¢s and Checkers have equivalence, their distinctionsRead MoreMcdonalds Corporate Identity1745 Words à |à 7 Pagesand separate it from the identical. If an organization has no identity than it is invisible to the consumers. First McDonalds restaurant was opened in 1954 by Dick and Mac McDonald in California, San Bernardino. Now McDonalds is the leading global food service retailer with more than 32,000 local restaurants serving more than 60 million people in 117 countries each day. McDonalds is operated globally from the company headquarters in Oak Brook near Chicago. Again in Oak Brook, lots of restaurantRead MoreMcdonalds Case Analysis1470 Words à |à 6 PagesCASE ANALYSIS McDonaldââ¬â¢s, Inc. COMPANY NAME: McDonaldââ¬â¢s, Inc. INDUSTRY: Food Service COMPANY WEBSITE: www.mcdonalds.com COMPANY BACKGROUND: As a company, McDonaldââ¬â¢s was first introduced in Des Plaines, Illinois in 1955. This was the very first McDonaldââ¬â¢s restaurant, which all started in San Bernardino, California in 1954 when Ray Kroc approached the McDonald brothers with a business proposition to start a new company. In 1965 McDonaldââ¬â¢s went public and was later, in 1985 added to the DowRead MoreAssessment Task1 Implement marketing strategies and tactics Essay1119 Words à |à 5 PagesTask1 In this report I would select McDonaldââ¬â¢s Co. to review their marketing plan, and then determine their strategies and tactics that relate to the companyââ¬â¢s stakeholders implementation roles. McDonalds is known as one of the best-known brands worldwide, which has main aims to build its brand by listening to its customers. It also identifies the various stages in the marketing process. Branding develops a personality for an organisation, product or service. The brand image represents how consumersRead MoreMcdonald s An Example Of A Service / Product Mix Essay1704 Words à |à 7 Pagesbroad categories, goods and services. Goods are objects, devices, etc. Services are defined as a valuable action, deed, or effort performed to satisfy a need or to fulfil a demand. Goods producing industries are for example agriculture and construction. Both agriculture and construction results in the creation of some kind of tangible object. The service industry includes everything else, for example banking, hotels, airlines, insurance, education, restaurants, etc. A services dominated economy is characteristicRead MoreCase Study: Integrating Mcdonaldââ¬â¢s Business, Human Resource, and S taffing Strategies710 Words à |à 3 PagesCASE STUDY Integrating McDonaldââ¬â¢s Business, Human Resource, and Staffing Strategies People are McDonaldââ¬â¢s most important asset. The companyââ¬â¢s success depends on the satisfaction of its customers, which begins with workers who have the attitudes and abilities required to work efficiently and provide good customer service. To execute its growth strategy, McDonaldââ¬â¢s has identified people as one of its three global corporate strategies. McDonaldââ¬â¢s claims that as an employer, it wants ââ¬Å"to be the
Wednesday, May 6, 2020
Once an individual becomes an educator, it is their duty...
Once an individual becomes an educator, it is their duty to coach and help demonstrate as mentors. Mentors then become involved in the fundamentals of student growth where the art of learning is never over, especially for the teacher. Teachers can use a lesson plan to help facilitate student learning in which students collaborate with their mentors to establish a relationship with the mentors and then teachers and students become active participants in the learning community. There is always something to learn from the students, from other educators, and from the world in general. Dedication is at hand in order to establish a clear baseline between the students and the teachers. The relationship between them helps the educator meetâ⬠¦show more contentâ⬠¦This approach will allow students to fully understand the dynamic roles between the teacher and student. The skills educators must develop will assist the studentââ¬â¢s role into becoming appreciative because they must cons ider teaching to be a lifestyle, not just a paycheck. A teachers goal should be a trusted profession with the education of a young mind and must provide a quality education to all. Teachers should equip their students the necessary tools for different levels of knowledge and understanding, and for success in life. I think it is important for effective learning and teaching to first establish a mutually respectful honest relationship with students. Communication and honesty should become the first or highest priority and put into the method of teaching. Teamwork should also be put into demonstration in the classroom in order for students to prepare for adult interaction in the future. All students learn at different paces. Through the traditional structures of education, a proper curriculum should be constructed for the students. Although the traditional structural framework should be built on NEAââ¬â¢s Committee of Ten, students should also learn the basic common facts for inte llectual and emotional development. I also believe that assessment in the classroom should be constant where students would have the chance to be graded through presentations,Show MoreRelatedRole Of Paradigm In Schools1892 Words à |à 8 PagesA good school is an environment which provides relationships and governance structures that enable children to grow to their full potential, become compassionate, responsible, creative and thoughtful individuals (Tiwari, 2014). The use of paradigm in schools will improve the learning process of the learner since it is a controlling perspective that allows one to perceive and understand reality. It is of great importance that teachers know and understand the different paradigms they can use in theRead MoreImpooving Employee Performance72019 Words à |à 289 Pages C ON TE NT S 4. The Performance Improvement Plan Preparing an Effective Plan 5. On-the-Job Coaching The Effective Coach Coaching Approaches and Techniques 6. Five Program Requirements An Effective Performance Review Program Posttest Test Answers and Reasons for Them 7. Leaders Who Coach Create Coaching Cultures The Beneï ¬ ts of Integrating Coaching for Leaders Evoking the Coach Within The Elements of a Coaching Approach Creating a Coaching Culture Conclusion 8. Evaluating a Training Course on PerformanceRead MoreE T Level 4 CERT PORTFOLIO Anon27074 Words à |à 109 Pages Unit 2: Planning to Meet the Needs of Learners in Education and Training 1.2 Use methods of initial and diagnostic assessment to negotiate and agree individual learning goals with learners. 1.3 Record learnersââ¬â¢ individual learning goals. Initial Assessment It is very important to carry out an Initial assessment prior to the candidateââ¬â¢s enrolment with an approved centre, to allow the candidate to ensure they are suitable to progressRead MoreThe Development, Implementation, Monitoring and Evaluation of a Quality Assurance System Supporting Continuous Improvement of Higher Education in the Eastern Cape Technikon19611 Words à |à 79 Pagesby opening an extension campus (hereafter refereed to as Satellite Campus) in Umtata, followed by another satellite in Queenstown in 1994 and another in East London in 1996. Because of this tremendous and rather very fast growth, it changed its name once again to the current name, Eastern Cape Technikon. Eastern Cape Technikon is a rural higher education institution located in the former economic active town of Butterworth. In the period prior to 1986 industrial activities in Butterworth had actedRead MoreLibrary Management204752 Words à |à 820 PagesManaging in the Twenty-First Century 20ââ¬âManagers: The Next Generation . . . . . . . . . . . . . . . . 463 Managing in Todayââ¬â¢s Organizations . . . . . . . . . . . . . . . 465 The New Generation of Managers . . . . . . . . . . . . . . . . 465 Deciding to Become a Manager . . . . . . . . . . . . . . . . . . 467 Skills Needed by Managers . . . . . . . . . . . . . . . . . . . . . 470 Acquiring Management Skills . . . . . . . . . . . . . . . . . . . 471 On-the-Job Opportunities. . . . . . . . . . . . . . . Read MoreNursing Essay41677 Words à |à 167 Pagesin 1916 to associate the broad community of science and technology with the Academyââ¬â¢s purposes of furthering knowledge and advising the federal government. Functioning in accordance with general policies determined by the Academy, the Council has become the principal operating agency of both the National Academy of Sciences and the National Academy of Engineering in providing services to the government, the public, and the scientific and engineering co mmunities. The Council is administered jointlyRead MoreFundamentals of Hrm263904 Words à |à 1056 Pagesexperience. à » F i n d o u t h ow t o M A K E I T YO U R S à » www.wileyplus.com ALL THE HELP, RESOURCES, AND PERSONAL SUPPORT YOU AND YOUR STUDENTS NEED! 2-Minute Tutorials and all of the resources you your students need to get started www.wileyplus.com/firstday Student support from an experienced student user Ask your local representative for details! Collaborate with your colleagues, find a mentor, attend virtual and live events, and view resources www.WhereFacultyConnect.com Pre-loadedRead MoreChrysanthemum Cineraiifolium23103 Words à |à 93 Pagesopportunity to look at how several different factors affect conflict and team performance. These includes contextual issues like a merger, cultural values and diversity, emotional intelligence, status, role, autonomy, emotional concerns, team size, individual characteristics, physical or geographical location such as emotional, psychological, relational or physical distance. It also highlights on leadership style/trait exhibited by Didier Amrani on his team members from France and America and lastlyRead MoreCOMM292 Case Studies23202 Words à |à 93 PagesReorganization.............................................13 The Rise of President Barack Hussein Obama..............................................................................23 2. TEAMWORK TURMOIL Tony Marshall, a second-year learning team mentor, stared at his notes again. His interaction with the team last night confirmed what he suspected. Only three weeks into the first year of an MBA program at a big-name school in the eastern United States, the learning team was in trouble. From hisRead MoreManagement Course: MbaâËâ10 General Management215330 Words à |à 862 Pagesrequirements. Fixed costs, which have always been a fundamental factor in managing profit maintenance and growth during fluctuations in the economy, have taken on additional management dimensions, especially for technology products, in which variable costs become low. An example is software, for which production costs can be minimal. When customers may suddenly cut FeigenbaumâËâFeigenbaum: The Power of Management Capitol 1. New Management for Business Growth in a Demanding Economy Text à © The McGrawâËâHill
How Is Playing Sports Play - 1874 Words
Introduction: The idea of playing sports both collegiately and professionally is dreamed by many children, students, and individuals as they grow up learning and playing the different sports that they come to love. However, this dream ultimately becomes shattered when the realization that they are not good to play and compete at the next level. In some ways, this system provides an essential lesson that people need to know throughout life, and that is not everyone is going to be good enough and that is alright. There is no room for growth if everyone is told that they were good enough. Today, as a society, the vast majority is moving to a system that says everyone is a winner just for participation, and yes, this is important to a fault, yet children and students need to understand the value of winning and losing and the vital lessons that can be learned from both sides. Intra-Collegiate Athletics has some great ideas that are worthy of implementing, but on the other hand, what could be lost from Intercollegiate Athletics might outweigh the benefits gained from a transition to Intra-Collegiate Athletics. The real goal is to understand what the mission statement of the university is, as well as, the athletic departmentââ¬â¢s mission statement how they relate and what would change in the transition including its impact on the universityââ¬â¢s mission statement. Background on Aaron Kelly: Aaron Kelly was highly respected individual in the sports industry. He was a highly soughtShow MoreRelatedVideo Games : Sports Games870 Words à |à 4 Pages Sports Video Games Teens Playing Sports Video Games than Playing Actually Sports My friend Terry was really into play NCAA Football 2011, and Madden 08 during the time that we was in our freshmen year in high school. Terry would play sport video games for hours and forget to do his homework, help his mom babysit, or take out the trash. His favorite team to play with on NCAA Football was The Florida Gators, or The Alabama Crimson Tide, but for NFL Madden he would always play with The New OrleansRead MorePlaying Sports At A Young Age Essay1485 Words à |à 6 PagesCompetitive sports are negative to younger kids and older kids who play sports, whether its contact or non-contact sports. Many kids are playing sports, whether itââ¬â¢s football, Martial Arts, Cross Country, or Baseball, the outcome of these sports can be all the same. When kids play sports at a young age and compete there is a giant risk factor to the kids mental and physical health. As kids grow up playing these sports, the pressure only increases, along with the risk of getting injured playing th e sportRead MoreChildren Spend Most Of Their Day Time At School, Albeit948 Words à |à 4 Pagesdeprived of time for sports and fun. The main reason for this is that either the schools do not have enough facilities to organize sports or the management does not realize the importance of sports and other physical activities. In schools, the break time is hardly of 20 to 30 minutes. Children can either play games with friends or have their lunch during this short time. They do have games session, but that is just once in a week. Even on that day the children cannot play sports as there is nothingRead MoreEffects Of Sports Essay1577 Words à |à 7 Pages If you chose to play sports, is it really worth it? Playing sports, in my opinion, is worth it. A teenager plays to have fun, even try to get a scholarship to go to college for the sport they love, also playing teaches qualities youââ¬â¢ll need for the rest of your life, playing sports can improve your way of life by making a positive impact on your health such as weight, cardiorespiratory health, muscle and bones, and reduced risk of cancer. If youââ¬â¢re involved in a sport, does it have a positive orRead MorePlaying Sport Is Better Than Video Games-Speech817 Words à |à 4 PagesDo you prefer to play sport than video games? Not everyone agrees but recent and continuous research has shown that more than half of Australians prefer to play it because of the physical and mental health benefits and an opportunity to socialise more with new friends. Playing video games however, hardly uplifts these standards. First of all, itââ¬â¢s obvious for a fact that the reason why playing sport is better than video games is because it helps us become physically stronger. Our health improvesRead MoreSports Is A Important Part Of Society1214 Words à |à 5 PagesSports are a very important part of society. There is always a professional sport going on at all times. Kids today should be involved in as many sports as possible. It is a way for them to get up and get out instead of laying around the house. Nowadays, many kids are very lazy and should be encouraged to participate in team sports, it encourages team work, personal skills, and exercise. When it comes to playing team sports, it involves team work. This is one aspect that all children should haveRead MoreThe Importance Of Contact Sports1050 Words à |à 5 Pagesconcussions are too great of a risk for our youth. Over 3 million youths play football; another million continue on to high school; only about 70,000 participate in college; and 2500 are playing professionally. One of the main concerns with contact sports are concussions. Concussions are defined as a hard blow or hit to the head, and concussions can sometimes lead to CTE, Chronic Traumatic Encephalopathy. Out of all the football players playing over the last 10 years, only 63 out of 44 million players wereRead MorePros And Cons Of Tackle Football1161 Words à |à 5 Pagespopular sport for children today but this sport can have pros and cons. One of the most controversial sport that a child can play is tackle football. Tackle football is a full contact sport. In any full contact sport, there are risks like concussions, injuries and the lasting effects of those injures. There are also pros in playing this sport like teamwork, sportsmanship, character, and exercise. Youth football can also have psychological pros and cons that can affect the children that play thisRead MoreThe Effects Of Organized Youth Sports On Children1257 Words à |à 6 PagesOrganized youth sports are one of the most popular activities in the US and have been for many years. There are approximately 45 million children who play youth sports. [Merkel] This number translates to about 75% of families have at least one child who participates in an organized sport. [Gajula] The most common reasons for children choosing to play a sport are to: have fun, learn new skills, and make new friends. The reasons for parents placing their child in sports are so: their children can competeRead MoreHow Much Is Too Much?896 Words à |à 4 Pagesgain (Morehead 33). A professional is one who engages in a sport for pay (Morehead 56 7). The definition of an amateur and a professional has one key difference: the word pay. Should student athletes be paid to play their sports? College athletes are amateurs who are playing a sport in which they have limited big time stage playing experience. College athletes are not professionals. Student athletes should not be paid to play their sports while attending college. Amateur student athletes are first
Colorado and Its Energy Sources free essay sample
I am lucky enough to live in the beautiful state of Colorado. Colorado has an extensive supply of conventional fossil fuel and renewable energy resources. Per EIA (Energy Information Administration) 2009, The State contains several fossil fuel-rich basins, including the Sand Walsh, Eyepiece, Paradox, and San Juan basins in the west, and the Denver and Orator basins in the east. Ten of the Nations 100 largest natural gas fields and three of its 100 largest oil fields are found in Colorado. Substantial deposits of bituminous, sub bituminous, and lignite coal are also found in the State. In the house that I live in Thornton Colorado, our primary types of energy are electricity, natural gas as well as a pellet-burning stove for the winter. Electricity is the foundation of the energy usage in Thornton. Per EIA, Coal- and natural gas-fired power plants dominate electricity generation in Colorado. Coal-fired plants account for over seven-tenths of the States generation and natural gas-fired plants account for close to one-fourth. We will write a custom essay sample on Colorado and Its Energy Sources or any similar topic specifically for you Do Not WasteYour Time HIRE WRITER Only 13.90 / page Colorado produces coal from both underground and surface mines, primarily in its western basins, and large quantities of coal are shipped into and out of the State by rail. Colorado uses about one-fourth of its coal output and transports the remainder to markets throughout the United States. Colorado also brings in coal, primarily from Wyoming, to supplement local production. The earliest coalmine, The Denver Basin Orator Basin coalmine is inactive but Colorado does have 11 active mines. Most of them are located in western Colorado and per CAM (Coal Mining Association), The Total Value of Coal Produced in Colorado in 2011 is estimated to be $1. 1 Billion. While the monies these coalmines produce are a huge factor in Colorado economy the damage on the environment, Hess mines produce, are they worth the environmental damage in the end? I agree Barbara Frees when she states, The mundane mineral that built our global economy and even today powers our electrical plants has also caused death, disease, and environmental destruction. Per The World Coal Association, Coal mining, particularly surface mining requires large areas of land to be temporarily disturbed. This raises a number of environmental challenges, including soil erosion, dust, noise and water pollution, and impacts on local biodiversity. Not only is the current coal mining industry endangering the environment in Colorado the abandoned mines are destroying the environment as well. It is a known fact that coal production requires large quantities of water. Colorado has an abundance of lakes and streams but coal mining affects the natural marine and land-based wildlife. Not to mention the people who use these water resources. Coal mining can lead to heavy metals like lead and arsenic entering these precious water recourses. Even though there has not been a resent case, in Colorado, of arsenic or lead poisoning, from coalmines, They can produce enough contamination o causes a rapid and unique destruction of red blood cells and may result in kidney failure, which is uniformly fatal without proper therapy. Most cases of arsine poisoning have occurred with the use of acids and crude metals of which one or both contained arsenic as an impurity. Per the EPA (2011) The coalmines in Colorado also contribute to the air pollution crisis . Per Learner (2013), The process of burning coal for energy produces greenhouse gases and other harmful pollutants, including carbon dioxide, mercury compounds, sulfur dioxide and nitrogen oxides. Per unit of electricity, coal produces more pollution than any other eel source, according to the U. S. Environmental Protection A gency. In addition, all steps of coal energy production mining, transportation and cleaning produce greenhouse gas emissions. Coal contains methane, a combustible and potent greenhouse gas. Methanes global warming potential is 23 times greater than carbon dioxide. For safety reasons, methane vents into the atmosphere during coal processing. Denver, the capital of Colorado, has been notorious for its winter Brown Cloud starting in the sasss. The Brown Cloud was formed due to a combination of carbon dioxide, mercury compounds as well as other pollution sources. Per Colorado Air Pollution Control Division, 2008 National Emissions Inventory estimates that 50 percent of CO emissions are from highway vehicle sources. They also estimate that off highway sources contribute an additional 23 percent of emissions. Denver is located at the foot of the Rocky Mountains and Steve Spangles (2011) states, this location makes it prone to temperature inversions in which warm air traps cooler air near the ground, preventing pollutants from rising into the atmosphere. Thus the Brown Cloud formed. The city of Thornton is located 10 miles north of Denver. Thornton has shared in this horrible air quality called Brown Cloud. But the good news is coming from Alpine/Environs report for Colorado 2011, Colorado coal- fueled power plants have reduced emissions of nitrogen oxides by 30 percent since 1999, compared with an average 8 percent reduction for all other sources. Coal- based electric generation accounted for 9 percent of the Colorado total ozone- related emissions in 2011. The Alpine Geophysics/Environ report also documents the significant reductions since 1999 in emissions contributing to fine particulates sulfur dioxide, nitrogen oxides, volatile organic compounds (Voss) and direct PM emissions. Colorado coal-based electric utilities have reduced these PM-related emissions by 43 percent since 1999, the largest reduction among all major source categories. Per Colorado Mining (2013), Steps are taken in modern mining operations to minimize impacts on all aspects of the environment. By carefully pre-planning projects, implementing pollution control measures, monitoring the effects of mining and rehabilitating mined areas, the coal industry minimizes the impact of its activities on the neighboring community, the immediate environment and on long- term land capability. I certainly hope this will come to fruition. These figures are staggering to me. My home usage of electricity last month for four people was 535 kilowatt hours used. Per The US Census (2010), there are 43,230 homes in Thornton. If the whole city used the same amount of electricity here is the calculation of the kilowatt hours the city would use in a year. 535 kilowatt hour x 12 months = 6,420 kilowatt hours per household a year 6,420 kilowatt hours per household x 12 months = 277,536,600 kilowatt hours are used per year in the City of Thornton. Natural gas is an extremely important source of my communitys energy. Per Natural Gas. Org, Natural gas is the cleanest of all the fossil fuels, as evidenced in the Environments I Protection Agencys data comparisons in the chart below, which is still current as of 2010. Composed primarily of methane, the main products of the combustion of natural gas are carbon dioxide and water vapor, the same compounds we exhale when we breathe. However, they also state, One issue that has arisen with respect to natural gas and the greenhouse effect is the fact that methane, the principle component of natural gas, is itself a potent greenhouse gas. Methane has n ability to trap heat almost 21 times more effectively than carbon dioxide. As well as, The use of natural gas does not contribute significantly to smog formation, as it emits low levels of nitrogen oxides, and virtually no particulate matter. For this reason, it can be used to help combat smog formation in those areas where ground level air quality is poor. The natural gas industry Joined with the EPA in 1993 and here are some of the findings due to this relationship: In 1993, the natural gas industry Joined with EPA in launching the Natural Gas STAR Program to reduce methane emissions. The STAR program has chronicled dramatic reductions to methane emissions, since that time: EPA STAR data shows a reduction in methane emissions each year for the last 16 years More than 904 Billion cubic feet (Bcc) of methane emissions were eliminated through the STAR program 1993-2009; and In 2009 alone, the program reduced methane emissions by 86 Bcc. Thus the increased use of natural gas in the place of other, dirtier fossil fuels can serve to lessen the emission of greenhouse gases in the United States. I believe there should be a significant swing to improved natural gas use in the electricity sector. Cleaner natural gas vehicles need to be improved and engineered to become more cost effective. Industrial plants could use more natural gas to fuel their total systems instead of other, more polluting fossil fuels. If people would be concentrating on using more natural gas, it could reduce the emissions of smog surrounding the urban areas and would result in a cleaner and healthier air. I am fortunate enough to have a pellet-burning stove in the basement. This heats up the home in wintertime and will in effect make my home use less electricity and natural gas in the wintertime. There are numerous types of stoves available, but we use the pellet-stove as its combustion conditions offer a sufficient oxygen supply and high temperature. Most of the organic substances is burnt in the stove and does not emit ash or other chemical substances, as some wood stoves can. The fire is contained in a heat box, which exhumes minimal smoke and gives off less creosote, which is the flammable byproduct of combustion that can cause the chimney fires. The pellets are made from recycled materials and are heavily compressed the dry fuel crates more heat. This burn is hotter and cleaner than typical wood burning doves. A room needs an average of 5,000 Btu output from the stove per 200 square feet of space so we had to make sure to purchase a pellet-stove that would heat our home effectively. The disadvantages are the cost of the stove. It was a large start up cost to get the stove in the basement. The pellet bags come in 40 lbs so we needed to make sure we had to the extra storage space and we made sure the stove had a battery backup as the pellet stoves need a small amount of electricity to run the pellets through. If the electricity is not working, we will have a pellet stove for at least 8 hours due to the eatery backup. Colorado unnaturally NAS an area called Rocky Flats, which used to produce nuclear weapons from, 1952-1989. Officially, Rocky Flats was shut down for repeated safety violations. These violations were brought to the attention of the EPA and FBI in 1987. The extent of the contamination has yet to be revealed biblically. Rocky Flats was added to the Peas National Priorities List in 2000. That is when the cleanup efforts began and the site became a wildlife refuge area. Per Care 2 Make A Difference, (2013), Congress proposed that the site be transformed into a wildlife refuge. The cleanup was declared complete in 2005, although the levels of present contamination were not shown to the public. The Rocky Mountain Peace and Justice Center hired independent contractors to test the soil at Rocky Flats. These contractors were not permitted to test the soil, on site, so they tested the soil outside the fence line and they found that the level of plutonium contamination has not changed since the sasss. Their results also showed, Plutonium levels ranging from 0. 019-1. 579 Pico Curies per gram of soil. The typical level of background plutonium contamination in he Western US is usually no more than 0. 01 -so these are troubling findings. Per Moore and Dirtied Plutonium is forever (2013), Plutonium particles in the soil at Rocky Flats will one way or another, sooner or later, come into peoples lungs and lives, since, with a half-life of 24,000 years, it poses a radiation hazard essentially forever. Minute particles much smaller than germs get brought to the surface by burrowing animals, incautious humans, turbulent geology and extreme weather. Such particles can be carried near and far by the wind and inhaled by unsuspecting people, including children, the most vulnerable. Once inside the body, plutonium does its damage. The late Edward Martial, NCAR radio chemist, pointed out as early as 1970 that the radioactivity from plutonium dust particles at Rocky Flats is millions of times more intense than that from naturally occurring radioactive dust particles (uranium) of the same size. Minute amounts are sufficient to cause cancer. This is scary to me as how a government entity could let this damage happen in the first place. The US Fish and Wildlife Service, that run the refuge, say the soil contamination is not at unsafe level but they will not show any plutonium test results. How can they continue to not explain the dangers or to Just simply not tell the truth on this subject? My city of Thornton Colorado has used electricity, natural gas and wood burning stoves since the land was purchased and developed in 1953. In 1955, there were 5,500 residents in approximately 1,200 homes. The impact of these energy sources have not had any more damage than what has been stated previously, in this essay, to the city I live in. I can say that the City of Thornton has developed a Green Thornton Zone. The Green Thornton Zone has a motto, The City of Thornton is omitted to the wise and careful use of resources and to developing and maintaining low-waste policies wherever feasible. I like this policy and feel comfortable that my city is doing whatever possible to save the environment. I would recommend the City of Thornton use wind energy as a renewable energy source. Per Renewable Energy World. Com (2013), We have been harnessing the winds energy for hundreds of years. From old Holland to farms in the United States, windmills have been used for pumping water or grinding grain. Today, the windmills modern equivalent a wind turbine can use the winds energy to generate electricity. Wind turbines, like windmills, are mounted on a tower to capture the most energy. At 100 feet (30 meters) or more aboveground, they can take advantage of the faster and less turbulent wind. Turbines catch the winds energy with their propeller-like blades. Usually, two or three blades are mounted on a shaft to form a rotor. A blade acts much like an airplane wing. When the wind blows, a pocket of low- pressure air forms on the downwind side of the blade. The low-pressure air pocket then pulls the blade toward it, causing the rotor to turn. This is called lift. The force f the lift is actually much stronger than the winds force against the front side of the blade, which is called drag. The combination of lift and drag causes the rotor to spin like a propeller, and the turning shaft spins a generator to make electricity. I feel this energy would not only save the environment and it does not have nearly the environmental negative impact as coal or natural gas production does. With coal, being the worst I believe wind power would save the air, water and land we live on. It would take up land usage but wildlife could adapt to wind power much better than a coalmine. People in Thornton and all over Colorado have to realize what damage coalmines sites really do the environment. If the city adapted wind power energy as a source, they could show the residence what NRC (Natural Resources Defense Council) says, Wind power is an affordable, efficient and abundant source of domestic electricity. Its pollution-free and cost-competitive with energy from new coal- and gas-fired power plants in many regions. Every single organism known to man would benefit from this conversion and I personally do not understand why renewable energy is not used more efficiently.
Tuesday, May 5, 2020
Corporation Laws for regulation and proper operation of companies
Introduction The regulation and proper operation of any company or corporation is completely dependent on the nature and manner in which the directors and other office bearers of the company perform their functions. This is so, because even though a company has a separate legal entity and it has its independent existence distinct from its members, nevertheless the company operates through its directors and office bearers and as such it is very important that they perform their tasks and duties diligently and honestly being compliant with the provisions of Corporations Law as well as their duties established under the Common Law and General Law as such. The present discussion conces a discussion of various duties enshrined upon Directors and other office bearers of the company under General Law as well as the provisions of the Corporations Act, 2001. For the purpose of this discussion, the nature of the post of directors and office bearers of a company in Australia has been discussed in order to gain an insight about the duties that they should be and which they are subject to. It is submitted in this regard that two landmark cases, namely ASIC v Rich (2003) 44 ACSR 6821 and ASIC v MacDonald (No 11) (2009) NSWSC2872 are pertinent to be noted as in these cases, very strong judgements have been passed with reference to the duties of directors and office bearers of the corporation. In these two cases, various facets of the duties that are entrusted upon the directors and office bearers of a corporation have been discussed. It is further submitted that in order to ascertain the duties that are entrusted upon the directors and office bearers of the corporation, various scholarly jouals have been referred to in order to give this discussion certain depth. The two landmark cases named above have been discussed in brief in order to ascertain various issues involved with the operations of the corporation. Nature of the post of office bearer and director of a corporation Section 9 of the Corporations Act, 20013 defines the term officer and director of the company. It is submitted in this regard, that the definition provided by section 9 of the Corporations Act, 2001 does not provide for the duties of the directors or office bearers of a company and merely refers to the appointment of the parties to the post of director or alteative director or to the post of officer. However as submitted earlier, it is being reiterated that a company operates through its officers as such and they are the ones who undertake to perform all the tasks that have to be performed by the company in management of its affairs and as such all the statutory responsibilities of a corporation have to be performed by the directors and office bearers of the company. It is submitted in this regard, that the director of a company stands in fiduciary capacity towards the company and its stakeholders. Since directors of a company are entrusted with performance of important functions inc luding taking important financial decisions on behalf of the company and as such it is very important that all directors and officers of the company act in the best interests of the company. Duties of Director of a corporation under General Law Generally it is observed that entities created under the provisions of a statute are goveed by the provisions of the particular law as such and in this regard it is submitted that since directors and officers of a company act in fiduciary capacity towards the corporation and its stakeholders they are entrusted with certain duties under General Law as well under the Law of Equity as the Commonwealth of Australia is a Common Law Country, the officers of the company are entrusted with certain duties under General Law as well and the same have been discussed briefly hereunder: General duties. Apart from the statutory duties imposed by the provisions of the Corporations Act, 2001 under Common Law, the directors and office bearers of a corporation may be subject to imposition of civil penalties in case they fail to perform their duties such as:Exercise their powers and perform their obligations with prudence, due care and caution with the commensurate skills that they need to exercise and which they profess to hold as office bearers of the company and the standard of care5 would be that of any reasonable person in the same given situation. The various parameters on which the actions of directors and office bearers of the company are tested are as follows:Whether the decision taken by the director or office bearer has been taken in good faith or not; Whether the director or the office bearer has or does not have any personal material interest in the subject matter of the decision taken on behalf of the company; Whether the director or the office bearer has made an informed judgement or the decision has been made recklessly; and Whether the director or the office bearer has acted under a bonafide belief that the judgement made by him is in the best interests of the corporation and various stakeholders of the company. The directors and office bearers of the corporation are obligated to mage and perform the task of conducting the trade or business of the company in the best interests of the company and its stakeholders. This requirement is not a mutually exclusive requirement but the director and office bearer of the company are obligated to take the surrounding circumstances of the company such as the type of company, its size, the regulatory obligations etc in consideration. The director and office bearers of a corporation are obliged to take all plausible and reasonable steps to ensure that they are placed in a position to monitor the management of the company and have a general understanding of the business and the dynamic economic conditions and their effect on the company. Requirement to act in good faith towards the company and its stakeholders is one of the most important duties imposed on the director or office bearer of a company and this duty is both a common law duty as well as one enshrined under section 180-184 of the Corporations Act, 2001. Directors and office bearers of a company must be of conflict avoiding nature and avoid conflict of interest with that of the companys ; Duties of Directors and Office bearers of Company under Corporations Law Apart from the aforementioned duties of directors and office bearers of a company or corporation, there are certain statutory duties imposed upon them by the virtue of the Corporations Act, 2001. Some important provisions in this regard have been enlisted briefly as hereunder: Section 180 of the Corporations Act, 2001: This is one of the most important provisions of the Corporations Law in the context of directors and office bearers duties under the statute and it imposes a duty to take reasonable care and caution and follow business judgement rule at all times while performing the functions of the company. Business judgement rule refers to taking a decision in the best interests of the company after due diligence in a manner in which a reasonable and prudent person would act in such a scenario. Section 181 of the Corporations Act, 2001: This section casts a duty to act in good faith at all times while acting in official capacity as the director or office bearer of the company. This rule acts both as a defence as well as a provision under which stringent liability can be imposed as this is the rudimentary requirement from the directors and office bearers of a company as they act in fiduciary capacity towards the company. While section 182 of the Act imposes a duty not to make improper use of position to make personal gains or for someone else at the cost of companys interests, section 183 of the Act prohibits abuse of the information gained through their position to gain an advantage for themselves or cause detriment to the company. Section 184 of the Corporations Act, 2001 is very important as it criminalises certain acts and offences committed by the directors and office bearers of the company. Section 588G of the Act imposes a duty upon the directors and office bearers of the company not to trade when the company is insolvent or when they are of the belief that the company would definitely go bankrupt if it undertakes the particular transaction. Sections 191-195 of the Corporations Act, 2001 entrust upon the directors and office bearers of a company to disclose any material interest in the subject matter of decision to the members of board of directors in advance. Sections 285 to 318 of the Corporations Act, 2001 provide for duties pertaining maintain proper records of financial transactions and to ensure that financial reporting is being done properly. In case the director or office bearer of a company does not perform these obligations, the courts may make a declaration of a contravention and impose a: à Monetary penalty a pecuniary penalty up to AUS$200,000; à Disqualification order to disqualify persons from managing companies; à Compensation order- to compensate the company for damage suffered by it. Under the Corporations Act, directors and office bearers of the company may be criminally liable if they violate following provisions as per section 184 of the Corporations Act, 2001: à If the directors and office bearers of the company exercise their powers and discharge their duties recklessly or dishonestly. This omission or act must be coupled with intention or utmost recklessness in order to give birth to criminal liability; or à Failure to prepare proper financial accounts and ensure accurate reporting of financial records. If a director is found to be criminally liable, he may be fined up to AUS$200,000 and/or imprisonment of up to five years. à falsification of records is something which the office bearers or the directors of a company should never indulge into because making false announcements is illegal and in this regard the landmark case of ASIC v MacDonald has been discussed in the later part of this discussion. Directors and office bearers of a corporation may also be held civilly and criminally liable for such conduct under the Corporations Act. The Corporations Act, 2001 prohibits insider trading and market rigging and any director or office bearer engaged in such activities may be subject to civil or criminal liability ASIC v Rich (2003) 44 ACSR 682 The aforementioned case has been a landmark case in many ways and in this case various principles regarding the disqualifications of directors were decided upon by the Supreme Court of New South Wales. In this case the main issue that had come up for the Courts consideration was whether the executive directors of One. Tel Telecommunications had failed to perform their duties in good faith and honestly in furtherance of provisions enshrined in sections 180 to 1849 of the Corporations Act, 2001. In this case it was alleged by ASIC that the executive directors of the company failed to perform their duties diligently in the months leading to collapse of the company. It was alleged by ASIC that the executive directors of the company violated their duties to keep the board of directors of the company about the companys solvency, true financial position of the company and the liabilities of the company prior to the collapse of the company. The Court held that the executive directors of the company had violated the provisions of section 180 of the Corporations Act, 2001. The Honble Court held that Mr Keeling, the joint managing director of the company failed to properly assess the financial position of the company prior to its collapse and failed to inform the board of directors of the company about the same. In this regard, the statement of Justice Kirby when the case went before the Honble High Court of Australia is incumbent to be discussed and the following is submitted as follows: He stated that being the director of a company is a privilege to be eaed each day [which] may be withdrawn for misconduct but also for incompetent, improper or lax activities in the functions of corporate management. It is submitted that the views of Honble Justice Kirby submitted above very clearly establish the nature of duties that the directors of a corporation are entrusted with. It is submitted that the aforementioned case witnessed a great expansion in the nature of the duty to act in good faith and to take the decisions of the company while keeping the best interests of the stakeholders of the company in mind. Accordingly, it is submitted that this case has established various benchmarks in regard to the duties of directors and officers of a company. In this case, the general performance of the board of directors was discussed and the manner in which the flow of information to the members of board of directors was also delved upon by the Court of Law. It is also submitted in this regard, that the court emphasised upon the need to establish a mechanism for prudent regulation of the performance of financial functions of the company. The Court laid special stress upon the need to ensure publ ic announcement of financial information and this was one of the major issues in the instant case. ASIC v MacDonald (No 11) (2009) NSWSC287 There were various issues in the aforementioned cases raised by the ASIC citing violation of various statutory duties enshrined in sections 180-184 of the Corporations Act, 2001 thereby contravening the duty to act in good faith and as such they were liable to be subjected to financial penalties (civil in nature). The first issue in consideration was that the Draft ASX announcement made by the company was false and it is submitted in this regard, that making false public announcements is a contravention of the provisions of the Corporations Act, 2001 and as such liable for imposition of penalties. ASIC alleged that there was failure to make declaration in regard to DOCI by the Company to ASX was also false and misleading and this action was violative section 1001 of the Corporations Act, 2001 and in this regard, the General Counsel and company secretary along with the Chief Executive Officer to advise the Board of Directors of the company that the DOCI information was required to be disclosed was violative of the duties of directors and officers of the companyunder section 180 of the Corporations Act, 2001 an it made them liable to imposition of civil penalties as such. Another relevant issue raised in this case was pertaining to approval of defective announcement in relation to ASX announcement by the same officer was a violation and contravention of the good faith requirement enshrined by the provisions of section 181 of the Corporations Act, 2001. The Honble Supreme Court upheld a lot of ASICs allegations against the company and in this case there were violations which had denied to the sufferers of the asbestosis disease on account of the operations of James Hardie Corporations operations and the funds assured to be for the benefit of the sufferers of the aforementioned disease were misappropriated and false information in this regard was provided vide public announcements media announcements etc. it is submitted in this regard, that the actions of the dire ctors and officers of the defendant company made them deserving to be penalised and the same was done quite rightly in the instant case. It is further submitted that in the instant case, there were wide ranging violations of the good faith provisions and requirements enshrined by the Corporations Act, 2001. The Honble Court even held that the test of section 52 of the Trade Practices Act, 1974 was satisfied vide the draft ASX announcement and that it was definitely a violation of the provisions of the Corporations Act, 2001. In this case Honble Justice Gzell also discussed the duties of directors and officers of a company from the perspective of Corporate Goveance and held that 10 directors of the company along with certain officers such as the company secretary and general counsel of the company had breached the statutory duties imposed upon them vide section 180 of the Corporations Act, 2001. Public announcements made by the directors and officers of the company must be true or be lieved to be true after a prudent and just analysis of the facts must be made because in this case the announcements made by the company assured the victims of the operations of the James Hardie Corporation that there was adequate funds for taking care of the compensation earmarked for the aforementioned victims and as such the actions of the director and officers of the company amounted to severe and gross violation of the provisions of Corporations Act, 2001. Conclusion It is submitted here that a perusal of the aforementioned submissions would clarify that the directors and office bearers of a company are entrusted with onerous responsibilities and duties which they must perform with utmost sincerity and honesty at all times because the provisions of the Corporations Act, 2001 provide for stringent action in case of statutory violations by the aforementioned members of the company. In this regard, it is submitted that in addition to the statutory duties, the directors and office bearers of the company are also saddled with common law duties and the duty to act judiciously and equitably at all times so that the sanctity of the corporation as an independent legal entity remains untaished and moreover the trust that the shareholders and other stakeholders of the company pose in them is not shaken because as responsible members of a company, the directors and office bearers of company are obliged to act in good faith and in case they fail to do so, not only do they incur personal criminal and civil liabilities as exemplified by the landmark cases discussed above, they also let down the company that they are members of.
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