Thursday, November 28, 2019

3 Hot Industries to Watch in Donald Trump’s America

3 Hot Industries to Watch in Donald Trump’s America After the election, whether you’re happy with the outcome or not, one thing remains true: a new president means a new era. Changes in the economy tend to come as the new president takes office and starts enacting policies. And politics aside, there are some industries you should be keeping your eye on as America embarks on its Trump administration journey†¦ especially if you’re not selected for a cabinet position. ManufacturingDuring the campaign, Trump made a lot of promises about bringing manufacturing jobs back from overseas. Realistically, many of these jobs have been replaced by technology and automation- but this shift actually creates new opportunities in the manufacturing sector. While these jobs may have been blue collar, factory-floor jobs in the past, now the openings will more likely be in areas like industrial design, logistics (trucking and transit), marketing, and other front-office-type jobs. In decades past, a high school diploma was usually the ti cket to a solid manufacturing job, but as the industry undergoes further changes, you’ll see more opportunities for those with postsecondary education (training programs) or higher.Example:  Industrial DesignerThe job: Industrial designers develop concepts and plans for manufactured goods like cars, electronics, toys, etc. This is a role that combines engineering, creative design, and business needs to create products that are cost-effective to produce and useful to consumers.Education required: Bachelor’s degreeThe salary: Median salary of $67,130 per year, according to the U.S. Bureau of Labor Statistics.HealthcareWhether or not Obamacare is repealed and/or replaced under a Trump administration, healthcare is going to continue to be one of the career hotspots in the next four years, and a focus for economic growth.Example: Medical AssistantThe job: Medical assistants are professionals who handle administrative and clinical tasks in healthcare facilities like hospit als, clinics, doctor’s offices, or nursing homes.Education required: High school diploma, plus completion of a training programThe salary: Median salary of $30,590 per year, according to the U.S. Bureau of Labor Statistics.CybersecurityThis is a hot-button issue- perhaps you’ve heard? If you’ve been paying attention to the news, you’ve seen the same themes pop up over and over all year long: â€Å"hack,† â€Å"breach,† â€Å"leaked emails,† â€Å"Russia.† Personal data has become kind of like the Wild West out there- the info exists, therefore someone will claim it. Every industry and just about every company struggles with keeping ahead of hackers and would-be bad guys seeking to snipe others’ information for their own gain, and that will likely continue over the next few years as more and more public attention is brought to these security breaches.Example:  Information Security AnalystThe job: Information security an alysts are IT professionals who are often a company’s first line of data defense. They plan and implement security measures throughout a company’s computer networks and systems, to defend against cyberattacks and data breaches.Education required: Bachelor’s degreeThe salary: Median salary of $90,120 per year, according to the U.S. Bureau of Labor Statistics.As with any new president, the best thing you can do, career-wise, is to prepare for change: new technologies, new national priorities, and new policies. You never know where the opportunities will arise, so it’s important to be open to those changes, no matter how you feel about the politics of it all.

Monday, November 25, 2019

Political Discontent and the 1848 Revolutions essays

Political Discontent and the 1848 Revolutions essays It has been rightly remarked that the 1848 Revolutions were due to a conjunction of an economic crisis and political discontent.' (Jacques Droz) Discuss with specific reference to two of the following: France, the Austrian Empire, the German States, the Italian states. "Reaching from the Atlantic to Ukraine, from the Baltic to the Mediterranean, the revolutions of 1848 brought millions of people across the European continent into political life". The revolutions of 1848 are sometimes referred to as the "springtime of the peoples" fast forward less than 150 years and Europe was again in the grasp of revolutions this time on the Eastern side of the continent. Even more recently we witnessed a wave of uprisings and revolutions in the Arab world that began in late 2010. Did 1848 set a precedent for future revolutions where one revolution ignites a spark across a wide geographical area? This essay will investigate the claims that it was a combination of economic crisis and political discontent and present a case in support of Jacques Droz's statement. I will view the 1848 revolutions causes from the perspective of France and the Austrian states. It would be very difficult to suggest that revolution would have begun with just economic issues without political dissatisfaction, the two issues run hand in hand and are inextricably interlinked even to this day. In France which had seen its fair share of revolutions in the preceding sixty years it would no doubt be in the revolutionary spotlight as again she was the catalyst for European wide revolt. "France sneezed again, and most of continental Europe caught cold" But what were the reasons why the French deemed that revolution was their only course of action? To understand these reasons we need firstly to look at the impact of economic conditions prior to 1848 in France. Prussian Count Galen wrote in 1847 that "the old year ended in scarcity, the new one opens with starvation. Misery, sp...

Thursday, November 21, 2019

Ethics and Law in Business and Society Essay Example | Topics and Well Written Essays - 2000 words

Ethics and Law in Business and Society - Essay Example In this stage of moral development, the individuals engage in actions of retaliation, vengeance. These actions are filtered by the individuals according to the level of satisfaction desired by the individual. For example, if one scratches somebody’s skin, there is supposed to be an act of retaliation. The third stage of moral development demands the conformation from the society on the good behaviors and approval of not engaging into bad behavior. This stage of confirmation leads to moral development for which the individuals would be ready to co-operate with other members of the society and engage in self sacrifices. For, the individuals engage in providing personal favor to other people for want of social confirmation. The fourth stage of moral development identifies conformity to the law and order. Most of the individuals reach this stage after showing due respect to the judiciary and the maintenance of social order. For example, the law and order in the society leads to th e prevention of crime and enhances the path of justice. This influences the right behavior among the individuals of society. The fifth stage of moral development leads the individuals to the path of restoration of human rights as a social contract (Gibbs 89). These are rights that the individual demands in the social conditions of existence. For example, right to speech and opinion is a human right that is conferred by the society on the individuals. The sixth stage of moral development leads individuals to realize the importance universal ethical principles. In this stage, the human beings spread the message of equality, moral and ethical values and the duties of being the followers of God. For example, Mohandas Gandhi reached the sixth stage of moral development and spread the message of Ahimsa. Answer 1 b The model of Kohlberg can be applied to corporate culture which could lead to ethical behavior of the managers. The managers could learn the importance of the various stages and apply the knowledge to trigger actions expected from the employees through moral development. The sense of punishment in the corporate culture would allow the managers to enforce urgent decision for benefits of the company. The work culture could be made healthier with the sense of interpersonal communication and approval among the employees. The sense of social conformity and ethical principles could be addressed by manager to implement better code of conduct in the corporate environment that is required to develop a responsible work force. Answer 1 c The main objective of business is not only to earn profits but to earn the profits in an ethical ay and perform the social responsibilities. However, relativism exists in the work culture where policies of business ethics are undertaken by the corporate houses. However, despite the practices of business ethics for building a good image in the society has flaws in the fact that these practices of ethics are often influenced by the man agers. This has led to the development of frauds and misreported figures. Thus personal interest should be curved and organizational interests would need to be given foremost importance for genuinely incorporating business ethics in the work culture. Answer 2 a As viewed by Aristotle, Kant, the philosopher’s approach to ethics might help in doing things in the right way. The principles of ethics define the set of actions that are

Wednesday, November 20, 2019

Summary of a chapter of book Essay Example | Topics and Well Written Essays - 250 words

Summary of a chapter of book - Essay Example It has been found out that adolescents learn better about the world around them, including those they have not physically visited, through the internet. Active participation in discussions makes them more informed, contrasting the idea that learning is most effective within the four walls of the classroom. In fact, adolescents with writing skills are not just able to express their thoughts and publish them online. They also develop as they are given feedbacks and pieces of advice on how to make their works better. Animation is another skill that is shared and developed through internet interactions. Asians like the Japanese who are highly skilled in the art grow as they share their works, receive critiques and develop their English communication skills as well while they communicate with people around the globe. Moreover, internet games are not limited to entertainments but also include learning. Online games incorporate stories that inform the players and encourage them to be intera ctive in the development of the games or for some; they are influenced to write their own stories and experiences of the games they played. This shows that literacy is not achieved only within the classroom but also in a bigger world, the virtual

Monday, November 18, 2019

Read two essays, and which historian (Dan Carter or Bruce Schulman) Assignment

Read two essays, and which historian (Dan Carter or Bruce Schulman) does the best job of describing the origins of the New Right Why - Assignment Example Carter’s approach of depicting the origins of the New Right is from an event’s (politician’s race) perspective. However, his work neglected to explore the holistic nature of the New Right phenomenon and presented a one-sided argument -- that political movement alone spurred its resurgence. Carter’s work focused on Wallace’s contribution: â€Å"his attacks on the federal government have become the gospel of modern conservatism; his angry rhetoric, the foundation for the new ground rules of political warfare† (Hoffman, Blum, and Gjerde 485). According to his work, the resurgence of New Right started with â€Å"George Wallace’s racist populism, sharpened with Nixon and Agnew’s ‘law and order’ demagogy and triumphant with Reagan’s ‘tough on crime’ policies† (Lyons 28). Schulman’s work capitalized in his clear demographic story of the economic shifting towards the Sunbelt (a rightist territory) and establishment of supporting arguments about the strengthening of New Right. His arguments include the 1) stating of economic developments; 2) fostering of a less federal government; 3) posing the effects of the failure of North and Eastern unions like, they â€Å"had risen with the great industrial revolution in the heartland, and they were falling with it too† (Hoffman, Blum, and Gjerde 488); and emphasizing, not just political developments but socio-cultural developments. Schulman’s format worked well in presenting the emergence of New Right as a participating event in the â€Å"reconfiguration of twentieth-century American politics† (McGirr 273). Much of New Right activities took center stage in politics, yet its big picture lies in the industrial and commercial movements of the economy, and socio-cultural flow within the civilian spheres. Thus, it is appropriate to include not just a single perspective in presenting the New Right’s origins. Bruce Schulman’s work took heed of this topic’s nature and

Friday, November 15, 2019

Study On The Reflection Paper

Study On The Reflection Paper Chapter I. Whats in a word? All languages have words. All words have different meanings, different function and they belong to different groups and classes as well, some carry grammatical function other words carry more information. One thing is for sure, even today we learn new meaning of existing words or we learn new words even in our first language. Understanding meaning of new words in second language is much more difficult, there are many words that are used in novel ways and that confuse learners of second language. In this concept it is crucial for Second Language Learner to understand both meaning and the use of specific word, and to be able to produce it when necessary, and to develop their own strategy of learning new words. It is very important for learners to know and make distinction between different forms of same word, this helps S.L.L (Second Language Learners) to identify the word class and to produce and use proper meaning. From my personal experience I would like to share some of the problem s that usually occur. E.g I will take like as verb and as a preposition. What is London like? (Prep); What do you like? (Verb). To understand differences in meaning and in concept of target word students have to take in consideration and word class. It is not only issue of grammar difference, change of word classes and switch from one to another, but also new vocabulary word with new meaning and form. Another very important issue is word families. Different languages have already the same structure that gathers words, form new words, or new meanings to existing words. I will try very briefly without getting in details to share my opinion based on readings class discussions and my own experience. Both suffixes and prefixes appear in English and Albanian. Being a native learner of Albanian language is very easy for me to identify and use words in different forms and meanings in Albanian Lang, but for E.F.L learners it is quite difficult even they are familiar with the models of inflexional or derivative words. What I have noticed the most is the difficulty of ESL learners to master the process of Word Formation in English, it differs a lot and it is far more complex than, in this case Albanian. Compounding, conversion, blending and clipping express very firmly the complexity of this process. Another important point that it is worth to be mentioned in Vocab Teaching is grouping of words that form units as if they were single word units. These are called multi word units, their meaning is usually subject of change upon the parts that word unit contains, these can phrasal verbs with either literal or non-literal meaning, as sentence frames and multi part verbs. The occurrence of words mentioned above is another important , words happens very often to co- occur next to each other and to give new meaning to the sentence as a whole. It is very important to be able to notice the difference in meaning, of words that share the same form. At this point we can come to conclusion that it is very difficult for foreign learners because many word have different but overlapping meanings, in this line homonyms, homophones, homographs can really confuse learners, and in the other hand polysemy is a real challenge for compilers as they are real headache for learners. E.g the word fair that has different meaning in every our example: long fair hair; Skripton fair; fair cook. Other meanings of words we have the words that occur in line with other words ang give new meanings. To sum up and not to go further in detail and to give conclusion of what we have learnt about words is that language first emerges as words and going farther into structures and forms we use them to produce language that we have learnt. Chapter-II. How words are learned. How important is vocabulary- without grammar very little can be conveyed, without vocabulary nothing can be conveyed (David Vilkins). The importance of vocabulary is very high, you can master the grammar very well but without proper knowledge of vocabulary spoken language will be of lowest levels. Also it is very important when you visit a foreign country, you dont bring a grammar book but a vocabulary and people usually try to learn more common expressions in their very first days. There were many various problems with vocabulary teaching because it wasnt on the fore in the Direct Method or Audio Lingual Method- which gave greater priority to grammar learning and grammar structures. Number of words taught on these courses were very low and the words learnt were chosen because were easy to demonstrate. But nowadays teaching a vocabulary is given a special importance, and courses and course books are giving much more space to teaching new words and communication. In order to have a be tter communication L2 learners need to have a critical mass of vocabulary to get the over threshold of second language. In this context they should develop their own and unique style about remembering the words. These styles can be developed with teachers help; their role in this case is to guide students toward their learning styles and strategies. Looking back in the early period in the era of Direct Method and A.L.M, students had to learn, repeat the words that they have learnt. Of course nowadays these models are old fashioned and things have changed. From my experience when I was in primary school- teachers translated for us the key words, but without much effort to make us understand more. Of course these words were placed in short term memory, and after a while couldnt be recalled and used properly when needed. In comparison with this I as E. L teacher am using different models to explain the meaning of new words, avoiding as much as possible translation to L1, and old fashioned methods like learn words by heart. I found for my students very helpful eliciting meaning of new words, or new meaning of existing words, also using flashcards, pictures, word games not only that make students feel more relaxed. Another fact that we should take in consideration is the first language, having a good command of first language is help ful but sometimes can be a potential block to the development of second language vocabulary, it can come to this because the patterns of every language are different and when learners try to make links, sometimes they may succeed but sometimes not. In second language learning vocabulary is important and spelling, pronunciation and length. All this can cause errors because words with difficult pronunciation, with spelling mismatches, long and complex words, appear to more difficult to be learnt and remembered. Chapter III- How to Teach Vocabulary In this chapter the main issue is teaching vocabulary, sources and methods and techniques that best fit and explain these sources. Here are mentioned at least five possible sources that provide vocabulary input for learners. -Lists -Course books -Vocabulary books -The teacher Other students. Based on class discussions and readings about lists and shared experiences vocabulary learning requires a close attention at being done activities in order to acquire new words or new meanings to existing words. One of vocabulary sources as it is mentioned above are lists, they provide students with new words, some of these words will be learnt actively and some occidental. One of the main tasks should be, these lists should consist of words that are selected for active study. Criteria of usefulness, frequency or lexical dont seem to be applied. One reason that students would like to learn from lists is the economical way of organizing vocabulary for learning and it doesnt matter if they arent put in random way. In order to be successful with lists it is necessary that learning activities be integrated into lesson plan activities in classroom. Another source of teaching vocabulary are course books, usually in course books are some criteria of choosing vocabulary. Usefulness- it means that can be put to immediate use, e.g. classroom objects in elementary level. Frequency- words that appear most frequently express the most frequent meanings in the language, and importance of these words. Learnability- includes careful choice of words in syllabus, especially for beginners. Teach ability is very important because we make words for students very easy to understand through different activities by demonstrating or illustrating them. Vocabulary work in course books is organized in segregated activities that present practice of lexical sets, word formation rules, test of words indicated before, guessing activities; integration of vocabulary into skill works, usually a pre-task or post-task activities. Another source are Vocabulary Books, due to priority given to learning new words in a foreign language (English) there is a wide selection of supplementary books available. Usually these books are targeted as books needed for specific purposes, such as business or technology. The aim is to test vocabulary knowledge rather than to teach it. Activities used in this kind of books such as brainstorming of ideas or meanings to new words and eliciting students with new meaning of words appears to be very useful for students. Teacher is also considered as a useful source of acquiring new words, phrases or expressions that teachers use most commonly in classroom. Teachers own stories also can be very valuable to students. They can ask students to make similar stories or new stories with given words in order to practice both use and meaning of words. It is in human nature that all develop their own lexicon. Sharing of their knowledge either in brainstorming activities, pair working or spoken activities in classroom is very useful. This leads to student- student lexicon combination and ability to recall and express when necessary. Chapter IV- Texts, Dictionaries and Corpora From what we discussed in last chapter about offering vocabulary teaching through lists. In our days texts are being more explicit and the vocabulary teaching has been incorporated into text books. Comparing to lists short texts have great advantages in vocabulary teaching and building purposes. The fact that words are in context increases the chances of learners to appreciate not only the meaning, but and their structural and word order in sentences. Texts usually display connected sets of words. Short texts are very useful for classroom use since they can be subjected to intensive grammatical and lexical study. Advantage of short texts to long texts is that students do not usually get bored and their attention is not overtaxed. Authentic texts are usually rich in vocabulary especially literary texts. Extensive reading provides the opportunity for students to meet words in their context of use, and also supplies repeated encounters with many of these words. Words are usually repeated up to six times, and as more as they repeat it is easily for learners to acquire the meaning or to get it from context of the sentence. In this context words that are introduced once should at least be reminded once more or if possible more. This has to do with linking between the lessons. It is very important the learners need to enjoy and to get as much as possible, and this type of reading shouldnt be regarded as hard work. Dictionaries are regarded as tools and as vocabulary resource because they contain rich information of the words. For a long time use of dictionaries has been discouraged in class. It was argued that use of these may encourage learners to focus only in native words if it is mono-lingual, and might inhibit the development of more useful skills such as guessing from context. Kinds of dictionaries available: monolingual and bilingual dictionaries. It is very important to make the difference between these two kinds. From my experience I prefer monolingual dictionary of target language, because not only we understand the word we want but also and words related to the meaning or context. The benefit for teachers and learners of corpus data is that it provides both with easily accessible information about real language use, frequency and collocation. Before the advent of corpora, teachers had to rely largely on intuitions about the way words are actually used. Before the advent of corpora, frequency information was also largely guesswork- or involved a great deal of pen-paper counting. Corpus information is typically presented in the forem of concordances; they display the results of a word search as individual lines of text, with targeted word or words aligned to the centre. Corpora are the latest addition to the resources available for vocabulary input. Concordancing and keyword programs are two of the tools that make corpus data available for classroom use. For the end I would like to say these words Vocabulary teaching and learning is like exploring universe. Burim Sopa i.d- 119325

Wednesday, November 13, 2019

Comparing Virtue and Vice in Utopia, The Bible, and Othello Essay

Comparing Virtue and Vice in Utopia, The Bible, and Othello The definition of virtue varies between cultures and societies. Utopian ideas of virtue do not necessarily agree with Biblical or Elizabethan England views, however, More’s "Utopia," the Biblical accounts in Genesis of Joseph and Jacob, and Shakespeare’s "Othello" all present the concept of virtue prevailing over vice. Although at times vice may appear to triumph over virtue, ultimately poetry presents virtue as superior based on the differing definitions of virtue. The punishment of vice and advocacy of virtue is a popular theme of literature and the reason why Sir Philip Sidney correctly asserts that poetry encourages virtue and condemns vice as repulsive. More’s "Utopia" advocates the pursuit of virtue, however, virtue is defined as a type of hedonism. Utopians follow a unique definition of virtue, which advocates a life of pleasure and the pursuit of happiness. Virtue is considered living the way people are designed to live, or according to nature. Utopians believe this translates as living a life based on achieving pleasure. The Utopian definition of pleasure may include helping other people, humanitarian views which are still advocated in the 21st century, but definitely does not include working hard for painful "virtue" which they consider not true virtue at all if you must deprive yourself and suffer misery. A virtuous life is encouraged by the punishment of crime, or vice. Utopians reward virtue, and punish those who attempt crime. Strict slavery is the punishment for violating wedding vows, and the other punishments are determined based on the extent of the crime. More’s fictional world of Utopia contrasts virtue and vice in society and upholds virtue as... ...e and despised character who endeavors to escape the misery of his life through suicide. The virtuous character of Cassio, shows the ultimate success and triumph of virtue over vice as he attains worldly success and defeats Iago, who is full of vice. These complex literary characters present morality as desirable and vices as deplorable. The narratives of Genesis, "Utopia," and Othello" all exemplify the achievements and victories of virtuous characters or traits. The failures and miseries inherently connected with vices are also presented. These literary works corroborate Sir Philip’s claim that poetry presents virtue in a light so "that one must needs be enamored of her." It can be assumed, therefore, that the study of literary works such as these can only improve morals and virtues, and for the good of American society, all students should major in Literature.

Monday, November 11, 2019

Sergei Prokofiev

Ashley Owens Professor Lleweylln Music Appreciation 13 November 2012 Sergei Prokofiev How does music make us feel? Not what do we feel when we listen to music but more specifically, what is it about Music that triggers our human emotions? What effect did hearing those sad country songs on the radio during my morning drive to school have on the rest of my day? Why does upbeat hip hop music always make me nod my head with the beat? Why does a song like â€Å"Go rest high on that mountain† by Vince Gill always make me cry?Music is a large part of most of our everyday lives. Sergei Prokofiev understood that considering the feelings and emotions of the listener was vital in the production of music, and demonstrates in â€Å"Peter and the Wolf† how musical properties can persuade us emotionally. The road to Prokofiev’s growth to being one of the most unique composers of his time started in Sontsovka, Ukraine in the year 1891. His mother was a pianist and his first pian o teacher. Prokofiev began writing piano pieces at age five and by age nine had written his first opera.He studied at the St. Petersburg conservatory starting at ten years of age from 1904 to 1914. Prokofiev performed as a virtuoso starting in 1910 and began making a living in music. At his graduation recital he played his own first concerto. In 1915 during World War I he composed Scythian Suite and his first classical Symphony in 1917 (David Nice). In 1918 Prokofiev moved from Russia to the United States in search for greater artistic perspectives. After mixed experiences he moved to Paris in 1922 and finally returned home to Russia to be with his family in 1936.One of his first compositions upon returning home was Peter and the Wolf. Written in April of 1936, Peter and the Wolf were written as an introduction for children to the orchestra and were narrated by Prokofiev himself at the children’s theatre in Moscow. The story takes place in a meadow near young Peter’s h ouse. After watching the wolf swallow the duck, the young boy devises a plan with help of the bird, to capture the wolf and take him to the zoo. Each particular character in the story is represented by a musical instrument performed in the piece.The bird is played by the flute, high in pitch and quick in tempo. The duck is played by an oboe, slow in tempo and giving him a clumsy feel. The clarinet represents the cat, sneaky and methodical. Grandpa is represented by a bassoon deep in pitch giving him comedic properties. The wolf is played by a French horn which gives off a hominess and dark presence. The hunters are played by the Timpani and drums mimicking the sound of their guns as they try to shoot the wolf. Finally Peter is played by a mix of string instruments, Violin, Viola, String Bass, and Cello.Peter and the wolf show us how musical properties can persuade us emotionally. That we associate certain sounds with being happy or determined like Peter and the string instruments. W hile other sounds can be associated with sadness or generate fear like the wolf and the French horns. It is both the story, the composition of the music, and its ability to attach to parts of the story, that makes Peter and the Wolf so intriguing and timeless. These qualities also make it fun and enjoyable for multi age groups.The story itself quickly has us intently supporting our hero Peter as he is visiting animals in the nearby meadow. It builds a rapport with the core characters making us feel involved in the story, making us care for the bird as he narrowly escapes the clutches of the sly cat, and at the same time casting Peter as the hero in this story. It shows us the down fall of the duck, when he is swallowed by the wolf, pulling us in on the real danger there in the meadow. The climax comes when Peter, with help of the bird, capture the wolf and save the meadows animals from harm.True to his role of the hero Peter then stops the hunters from shooting the wolf and insists that he be taken to the zoo. The story seems to end on a happy note but leaves several questions unanswered and places for the story to continue. Questions like what happened on the way to the zoo, and would the duck ever escape from the belly of the wolf. The story is open-ended and allows us to form our own conclusions. The tune of Peter and the Wolf may be easily recognizable to some, since it is famous for its Disney interpretation and used regularly in classrooms for teaching.Personally I associate the style of orchestra with older cartoons in which a great deal of them were without much dialog and were backed by classical music, as was Looney Tunes – Pigs in a Polka which contained Brahms Hungarian Dances #5,7,6 and 17. It can be easily argued that Prokofiev is indirectly responsible for all of them, as his Peter and the Wolf were really the first of its kind. Over ten years after its original creation, an animated adaption was created by Walt Disney and released on Aug ust 15th 1946 introduced as part of its Make mine Music collection of shorts.Aside from narration by Sterling Holloway the cartoon is true to the original piece in that the characters are represented in sound by their respective musical instruments. The short animation does a great job of lining up the music with the art really bringing the characters and the music together. However trying to make the cartoon more child friendly the story is slightly altered and added to. During the introduction some of the characters are given names, â€Å"Sasha† the bird, â€Å"Sonia† the duck, and â€Å"Ivan† the cat.At the end of the Disney version we find that the duck was not really eaten by the wolf but instead had hid in a tree trunk and is happily reunited with Peter and the other pets once the wolf is captured. Since then Peter and the Wolf has been remade several times in various ways most recently in 2008 by Suzie Templeton. Having the music fit into the animations m akes it very easy for children of all ages to associate the sounds separately and really enjoy the story. Prokofiev’s music was sophisticated that almost a century later we are still using it to teach our children and entertain us all. Prokofiev was one of the great composers of the 20th century; arguably the greatest. I think the case for Prokofiev’s supreme greatness rests upon the likely premise that no other composer of the 20th century enriched the musical repertoire in as many different forms as did Prokofiev, and did so at such a consistently high level of quality and lyrical beauty† (Turlish). Though he is famous for only very few pieces of his work, the power of those pieces remains nearly unparalleled even to this day. Many artist credit Prokofiev for artistic inspiration in their creations.Unfortunately Sergei Prokofiev was in many ways a man out of time. He was product of 19th century music that had his own way of writing and composing. For many who l ived in the era this made him misunderstood and not taken seriously as a composer. In a recent interview, Barbara Nissman said, â€Å"he was such a natural talent, he followed his nose. Nobody ever dictated to him how to write and he wasn’t a member of any school of thought or academic theory. His music went where he thought it was supposed to go. You couldn’t put him in a box. Some people thought he was conservative but others thought he was way too out there.I think his unique approach to the instrument – his sense of originality – frightened a lot of people, especially the critics who had no idea which box to put him in. † Music, even if forgotten or put into the back of our subconscious for a long period of time can often trigger a memory or a feeling we had the first time we had heard it. Maybe an important time in our lives that we lived out while the radio was playing, we may or may not have even known it was there. However at any point we m ay stumble across that song on the radio, waiting in line at the bus station, or shopping at the local grocery store.For however brief a moment it allows us or forces us depending on how you look at it, to go back in time a memory and recall it with enhanced clarity. Sergei Prokofiev realized these things and implemented this epiphany into his music, which to me seems more than obvious in the classic piece Peter and the Wolf. For years to come both children and adults may associate the hominess sound of the French horn with the frightening wolf, they may hear a flute and be over taken by their first memory of watching the classical Disney short, where they were, or who they were with.Through concentrated listening we can learn to separate musical properties of any piece. However attaching those pieces to a character or a feeling is something that Sergei did way before his time. Prokofiev has touched so many lives, and through his music changed the landscape of how we all perceive it . Works Cited Turlish, Bruce. Kith. Org. Web. 18 Oct. 2012. Nice, David. Prokofiev: From Russia to the West, 1891-1935. Columbus. MT. Yale University Press Publication. 18 Oct. 2012. Print Nissman, Barbara. Adventures. In. Music. Biz. Web. 18 Oct. 2012

Friday, November 8, 2019

The Common Law Derivative Action in Hong Kong Essay Example

The Common Law Derivative Action in Hong Kong Essay Example The Common Law Derivative Action in Hong Kong Essay The Common Law Derivative Action in Hong Kong Essay School of Accountancy ACY 3151 D– Company Law Preserve The Common Law Derivative Action in Hong Kong Presented to Professor C. K. LOW Submitted by Tony BAI Dongyi; Ashley CHEN Xi; Ri REN Xinyu; Zoe ZHOU Beinan 30 April 2010 Abstract This paper is a response to the First Phase Companies Ordinance Rewrite Consultation Paper Question 7 whether we should abolish the common law derivative action (the CDA) currently retained by sec. 168BC (4) in the amended Companies Ordinance (2004). This paper firstly briefly introduces the current co-existence of the common law derivative action and the statutory derivative action (the SDA) and figure out potential problems which lead us to think about whether we should abolish the CDA. The main part of this paper discusses five arguable aspects from both the con sides and the pro sides of whether abolishing the CDA. This paper discusses the CCASS system which disables many shareholders to use the SDA; the rights f minority shareholders of offshore companies who cannot use the SDA; the international context regarding the CDA in many other common law jurisdictions; the potential confusions and complications with and without the co-existence and some pitfalls of the CDA which are minor and can be ignored. On the discussion of the above five aspects, the authors find that the CDA overrides the SDA in respect of each issue at the current time in Hong Kong, therefore this paper reaches a conclusion that Hong Kong should preserve the CDA at the current stage. Upon the disagreement of the abolishment of the CDA, the authors also provide some further recommendations to help improve the current situations regarding the co-existence of the CDA and the SDA. TABLE OF CONTENTS Abstract2 Table of Contents3 1. Introduction5 1. 1 The Facts of Foss v Harbottle Case5 1. 2 The Rules of Foss v Harbottle Case5 1. 3 The Common Law Derivative Action6 1. 4 The Drawbacks of the Common Law Derivative Action7 1. 5 Introduction of SDA into Companies Ordinance7 1. 6 Problems of the Co-existence of the CDA and the SDA8 2. Five Aspects Regarding the Co-existence of CDA and SDA9 2. 1 The CCASS System9 2. 2 Members of Offshore Companies11 2. 3 The International Context of Derivative Action13 2. 4 Confusions and Complications Arisen without CDA15 2. 4. 1 General Discussion16 2. 4. 2 The MDA May Not Continue to Work17 2. 5 Other Drawbacks of the CDA Can be Ignored at the Current Stage18 3. Hong Kong Should Preserve the CDA19 4. Further Recommendations20 4. 1 Slight Amend sec. 16820 4. 1. 1 Extend the Scope of Qualified Plaintiff of the SDA20 4. 1. 2 Only Keep the CDA for Shareholders of Offshore Companies20 4. Require Offshore Companies to Accept Hong Kong Statue20 4. 3 Similar Legal System in the Region20 5. Conclusions22 Bibliography23 1. Introduction Before we discuss whether we should abolish or preserve the common law derivative action in Hong Kong, we would like to briefly introduce the background of the leading case (Foss v Harbottle) which established the principles of the common law derivative act ion as well as the pitfalls of it. Then we will mention the statutory derivative action which was the statutory regime introduced to deal with these pitfalls of the common law derivative action. At last we present the problems faced by the co-existence of these two derivative actions which lead to this paper’s main topic whether we should abolish or preserve the common law derivative action. 1. 1 The Facts of Foss v Harbottle Case Victorian Park Company was set up to develop parks and gardens. Harbottle was one of the eight promoters of this company. Foss was one shareholder, who brought a law suit alleging that the promoters sold a land to the company at a very high price. But Harbottle argued that Foss, the plaintiff, could not represent the Company to sue the promoters. 1. 2 The Rules of Foss v Harbottle Case[1] The judges in Foss v Harbottle held that the courts should not interfere in the internal management of companies. Because the company is a separate legal entity, if something wrong is done to the company, only the company itself can sue and that is the so called Proper Plaintiff Rule. The effect of this rule is to eliminate vexatious litigation by troublesome minority shareholders. However, the rule was also criticized by many researchers. If the directors of the company do something wrong, they will of course not have the incentive to make the company bring law suits against themselves. Therefore the minority shareholders cannot have the rights to get the wrongdoers to pay remedies to the company and it is to some extent unfair. Due to this reason, later, four exceptions to the rule were established to try to solve this problem. It is held that the Proper Plaintiff Rule will not apply if the relevant transaction ? is ultra vires or illegal; ? requires the sanction of a special majority; ? infringes the personal rights of a shareholder; or ? amounts to a fraud on the minority. 1. 3 The Common Law Derivative Action The exceptions to the Proper Plaintiff Rule in Foss v Harbottle allow the minority shareholders under some limited conditions to sue on behalf of the company. The common law derivative action (the CDA) is applied based on these exceptions. There are two basic requirements for applying the CDA: The alleged wrong or breach of duty cannot be ratified by a simple majority of the members; The alleged wrongdoers are in control of the company, so that the company cannot sue by itself. 1. 4 The Drawbacks of the Common Law Derivative Action Although the exceptions to rules in Foss v Harbottle open a door for the shareholders to take derivative actions, there are still some drawbacks in the CDA which make it not so effective to protect the rights of the minority shareholders. Just like the Australian Senate Standing Committee stated in its Report: Despite a recent tendency towards relaxation, the narrow rules of standing make it difficult for a shareholder to take legal action. There are some obstacles that confront shareholders in bringing litigation in CDA. These obstacles include: ? There are some defects in exceptions to the rule in Foss v Harbottle; ? The expense of litigation is very high; ? It is very difficult for shareholders to obtain information from the company. These drawbacks will be discussed more detailed in later part of this paper. 1. 5 Introduction of SDA into Companies Ordinance Because the CDA have the above pitfalls and cannot adequately protect the rights of the minority shareholders, the SDA was introduced in many common law jurisdictions. For example, SDA was introduced to Singapore and New Zealand in 1993 and Australia in 2001. In Hong Kong, SDA was also written into Companies Ordinance in 2005. Unlike CDA, the court will consider the good faith of the shareholders and the best interests of the company instead of those exceptions to the rule in Foss v Harbottle. In addition, the ratification by a general meeting will not stop the derivative proceedings which mean the hurdle to apply the SDA is relatively lower than that of the CDA. 1. 6 Problems of the Co-existence of the CDA and the SDA Many jurisdictions abolished the CDA after introducing the SDA, for example, Australia, Canada, New Zealand and the UK[2]. But Hong Kong currently reserves the CDA. The co-existence of the CDA and the SDA may cause some problems such as confusions and complications and this was concerned by the Court of Final Appeal in Waddington case in 2008. This directly leads to the Question 7 in the Consultation Paper. In the following session the authors will discuss the potential problems caused by the co-existence and rationally pro ve that indeed these potential problems should not be the reasons to deprive the shareholders of the rights to apply the CDA in Hong Kong because these potential problems are overridden by the benefits brought by the CDA. . Five Aspects Regarding the Co-existence of CDA and SDA In this part the authors will focus on five aspects regarding whether or not abolishing the CDA. In each aspect the authors will compare and analyze both the reasons to abolish and preserve the CDA and rationally prove that the CDA should not be abolished in respect of all the five aspects. 2. 1 The CCASS System Under Section 168BC (Members may bring or intervene in proceedings) (1) of Companies Ordinance, it states clearly that only members of a company can bring a SDA on behalf of company. However, there is no clear requirement whether the plaintiff has to be a member in order to bring a CDA, and the judge is granted discretion to decide. Therefore those shareholders who are not members can still bring a lawsuit on behalf of the company under the CDA. Hong Kong at the current stage still uses the CCASS system for the stock exchange under which the vast majority of shares owned by the public are not held by themselves, but actually held in nominee account which means those shareholders indeed are not registered to be the members of a company even they invest their money and buy shares of that company. 3] Therefore they are not qualified to apply the SDA under sec. 168BC (1). Moreover the nominees who are often huge financial institutions and are custodians of huge numbers of shares from a lot of shareholders may not have the incentive to bring the lawsuit for some minority shareholders. Further even one shareholder wants to suit the directors on behalf of the company ot her directors may not want to do this therefore the nominee may not be authorized to take derivative actions just because one shareholder’s requirement. Then the shareholder may have to withdraw the shares and again deposit them into the CCASS System which is very troublesome in practice and is a waste of money and time. The lag of time is a major concern because it is a great obstacle for the shareholders to take timely action. What is even worse, it is often the case that when the shareholders have the incentive to take such actions the company is already in a difficult financial position and the SFC may block the transaction and register of the shares of the company. Hence the shareholders once withdraw the shares he or she may not be able to deposit them again since the block set up by the SFC. Therefore it is almost very unlikely for a minority shareholder who is not a member of the company to take the statutory derivative action against the directors under the current version of amended Companies Ordinance (2004) and the practical CCASS System. However as stated above the CDA does not strictly require that only members can be qualified to apply. Therefore CDA is a much more feasible proceeding for Hong Kong shareholders than the SDA and actually CDA is almost the only feasible way for the minority shareholders of the listed company to take action (Non-listed companies and private companies do not use the CCASS System to exchange shares). Indeed we observe that from July 15, 2005 when the SDA came into effect most cases applying the SDA are related to private companies which support the opinion the CDA is still very important for shareholders of listed companies. Upon the above discussion the authors reach the conclusion that since the shares of the listed companies are exchanged using the CCASS System and the current SDA is only applicable to members, Hong Kong now should still preserve the CDA. 2. 2 Members of Offshore Companies As will be discussed later in this paper, one of the most important reasons to keep CDA is that it protects the Hong Kong shareholders of companies which are registered outside Hong Kong but have no places of business in Hong Kong in essence offshore companies. However, many people think this is not an effective protection because the procedure is too complicated that it is highly unlikely for small shareholders to take such an action. The right to perform CDA is theoretically feasible but is highly unlikely in reality. Following flow chart shows simply how a shareholder of an oversea company could take action: [pic] First he should go to the Hong Kong court, ideally, get the order. Then the order will be taken to register at a court in Singapore. If that court allows enforcing the Hong Kong order, then they issue another order to enforce it on the company. This might not be the end of the story; the remedy is given to the company, so it is subject to the company’s management’s decision whether to distribute it to the shareholders or not. Again this decision will be made by those directors who are sued in the case and they may not be willing to do so. Therefore this CDA is unlikely to be taken by small shareholders to spend huge cost in exchange of the remedy or no remedy at all. However this cannot constitute the reason to simply abolish the CDA. The CDA is difficult to apply however it is the only way for those shareholders of the offshore companies to protect their rights. To illustrate this section 2 of the Companies Ordinance is reproduced here â€Å"Specified Corporation† means a Hong Kong company or a non-Hong Kong company. (Added 30 of 2004 s. 2)[4] and s168 BC (1) only allows the members of specified corporations to take SDA. As mentioned above, there are a large number of companies (Around 80% according to the HKEX) incorporated outside Hong Kong but with Hong Kong shareholders. It can be inferred that amongst those huge number of companies many have no place of business in Hong Kong, which are neither Hong Kong companies nor non-Hong Kong companies within the definition of specified corporation. Therefore these offshore companies do not qualify under sec. 2 hence sec. 168 BC (1) cannot apply. Analyzing sec. 2 and sec. 168 it is established that shareholders of offshore companies can only apply the CDA because the CDA does not have similar restrictions. The CDA is the only way to help minority shareholders in overseas company therefore Hong Kong should preserve the CDA. The authors recognize that the CDA has high huddle to prove, high costs to incur and complex procedure to apply. However shareholders of offshore companies can only use CDA and we should not deprive the right to use CDA just because that it is complex to use. That is not the purpose of legislation and the spirit of law to develop a fair society. After all, complexity to get the remedies is much better than no way to get the remedies. The CDA can preserve the ability of the members of foreign companies to bring a derivative action in Hong Kong. The rights of these Hong Kong shareholders of such offshore companies to bring a CDA as one more option to defend their own interest may be deprived once CDA is abolished, thus CDA cannot be enforceable in the courts of Hong Kong in any events which is not fair to them. Moreover the existence of CDA also provides a deterrent force to proposed offenders such as offshore companies’ directors seeking for self-interest. 2. 3 The International Context of Derivative Action The judgment given by Ribeiro PJ in the Waddington case might be the most direct fuse for this issue (para. 32)[5]: The co-existence of both the statutory and common law regimes is unusual in an international context and is a source of confusion and complication. It would appear to be appropriate for the statutory regime to replace the common law derivative action altogether. This question deserves to be addressed by the Administration and the Legislature as soon as possible. He addressed that the co-existence is unusual and might raise confusion. This concern is further addressed in the consultation paper. The discussion here then will start with these points in 2. 3 as well as 2. 4 and expand to the inherent weaknesses with CDA in 2. 5. As is mentioned by Ribeiro and the consultation paper, it is unusual in an international context for both the SDA and the CDA to co-exist. So that practices in other jurisdictions where common law applies are reviewed as a reference. Actually, in contrast to Hong Kong, many jurisdictions replaced the CDA after the introduction of SDA. [6] [pic] Take New Zealand as an example, in its s 165(6) Company Act 1993, it regulates: Except as provided in this section (this section refers to section 165 which deals with statutory derivative action), a shareholder is not entitled to bring or intervene in any proceedings in the name of, or on behalf of, a company or a related company. [7] Apparently, the CDA is excluded. However the authors further notice that all above countries are representative ones in terms of developed western countries. The fact that many common law jurisdictions abolish CDA cannot prove the reasonableness of the abolition. This just represents what the situation is in western countries but not represent what we should do in Hong Kong. We should notice that HK has very different economic and political environment as those western jurisdictions and cannot just copy what they do. Thus people cannot suppose this of great value of reference for Hong Kong. Therefore Singapore and Malaysia may be of much more value when considering whether or not abolishing the CDA after introducing the SDA. These three common law jurisdictions have many similarities. All these three are in the Southeast Asia whose economy took off during 1970s and then the structure of the society changed and attention are more focused on developing financial centre and attract more foreign direct investment. Foreign companies are welcomed to be listed in the stock exchanges and local residents get involved in these financial transactions. The economy in these three jurisdictions is now facing similar pressure and the protection of minority shareholders’ is of great importance in order to make the public confident n the financial markets and the economy. Similar stock exchanges, similar financial positions and similar fiscal policies make it valuable to consider what Singapore and Malaysia does in terms of the derivative action when consider the legislation in Hong Kong. Both Singapore and Malaysia preserves CDA after introduction of SDA. Take Singapore as an example it adopted the SDA in its Com panies Bills sec. 216 A and sec. 216 B in 1993 however it still keeps the CDA and only regards the SDA as an addition to the CDA to make the sets of derivative actions complete. [8] Different jurisdictions should consider their own specific situations and only refer to other jurisdictions of the same economy and political situations to establish or revise for the most effective legal system. Regarding to Singapore and Malaysia, as well as the unique situations of Hong Kong to build an international financial centre, the CDA should be preserved at this stage to make sure each investor can be granted sufficient right to protect their investment and make sure that Hong Kong has healthy financial markets and regulated companies’ behaviors. 2. 4 Confusions and Complications Arisen without CDA The second claim made by the CFA in Waddington case is that the co-existence of the SDA and the CDA is a source of confusions and complications. [9] The as was addressed in the Consultation Paper in 2003, the CDA and the SDA differ not only in terms of form, but also in substantive issues. Under SDA, a member could, with leave of court, take the company to the court. According to s168BC (3), grant of leave requires: the action appears prima facie in the interest of the company; a serious question to be tried; the company is actually not acting; and there is a written notice. On the other hand, under CDA, the exceptions to the Foss rule must be proved. Where ultra vires acts, special resolution, infringement of rights, fraud on minority must be proved and satisfied. In addition, the effects of ratification by the board of directors also differ. The most confused part might be that the company is the plaintiff under SDA whilst a defendant under CDA. Some scholar mentioned in his work that: The retention of common law may even create the uncertainty and confusion as to what constitutes the lex fori. [10] Recall that in New Zealand, the CDA is abolished. B. Matthew argued that one of the intentions is to avoid confusion which was raised in an early Canadian case Rogers v Bank of Montreal. : To avoid the uncertainty of whether a derivative action may be brought under the oppression remedy as well as via the statutory leave procedure, and whether the statutory leave requirement acts to the exclusion of actions under one of the exceptions to Foss v Harbottle. [11] However the authors do not regard the above confusions will be sufficient reasons to abolish the CDA. The following are the arguments of some general discussions. 2. 4. 1 General Discussions The co-existence arrangement of the CDA and the SDA has been in place for about 5 years since July 2005, it has not caused any major legal problems. It has never been a source of confusion and complication. Besides, Section 168BC (4) states that the SDA provisions â€Å"shall not affect any common law right of a member of a specified corporation to bring proceedings on behalf of the specified corporation†. 12] In other words, unlike the law in other jurisdictions which abolishes the CDA, the Bill allows the co-existence of the CDA and SDA. This has been done because Hong Kong is unique in the sense that there are a large number of companies incorporated outside Hong Kong, but with Hong Kong shareholders. And there are also safeguards in the Company Ordinance to prevent duplicative CDA and SDA under section 168BE and section 168BC (5) which are reproduced as following. Section 168BE: Where leave has been granted to a member of a pecified corporation under section 168BC(3) and the member, in the exercise of any common law right, subsequently brings proceedings on behalf of the specified corporation in respect of the same cause or matter, or subsequently intervenes in the proceedings in question to which the specified corporation is a party, the court may- (a) order to be struck out or amended any pleading or the indorsement of any writ in the proceedings brought under the common law, or the intervention under the common law, or anything in such pleading or indorsement; and (b) order the proceedings brought under the common law, or the intervention under the common law, to be stayed or dismissed or judgment to be entered accordingly. Section 168BC (5): The court may dismiss an application for leave under subsection (3) if the applicant has, in the exercise of any common law right. [13] This shows that in 2004 when amending the Companies Ordinance, the legislator had ex pressed concern over this problem and tried to avoid confusion. Thirdly, no such confusions regarding which derivative action to use will actually arises because members of private and non listed companies will of course choose the SDA since it is much more convenient and those shareholders of listed companies and offshore companies will of course choose the CDA since they cannot use the SDA therefore we do not see much possibility of confusions arising because of the co-existence. Therefore we should preserve the CDA. 2. 4. 2 The MDA Currently we can take multiple derivative actions (MDA) only under CDA as affirmed by the decision made by Court of Final Appeal in Waddington Ltd v Thomas Chan Chun Hoo. Waddington case introduced a very important way for minority shareholders of the associate to sue the directors of the specific corporation however that case is based on CDA. Although in response to the comments made by the Court of Final Appeal in that case, the extension of SDA to cover MDA has been considered by Standing Committee on Company Law Reform (SCCLR) recently, it has not been really passed yet now. Once we abolish CDA which is the legal basis of MDA Waddington will not longer apply and MDA may come to an end. Therefore that will become a source of confusions as people may wonder whether MDA can be used without the CDA. Therefore the rights of concerned person have to be safeguarded before the legislation of MDA. It is therefore safer to preserve CDA at this stage to protect the rights under the MDA and avoid confusions. 2. 5 Other Drawbacks of the CDA Can be Ignored at the Current Stage Now comes the inherent weaknesses and drawbacks with CDA which can actually be ignored. First, the Foss rule is complicated and instable. Someone even call the Foss rule the deepest mystery of company law. 14] The rule is obscure and outdated. Much of the cases were decided years ago and it’s hard to reconcile all those decided cases. As Parlie Choo mentioned in his work what exactly amounted to a fraud on the minority has been conflicting and difficult. [15] The importance and extent of ratification was unclear And also, the court seems unwilling to get involved with the internal management of companies. [16] Some exemptions are actually hard to be satisfied constitute the second weakness of CDA. Exemptions must be proved under CDA, failing to do so the plaintiff failed the trial. Fraud on minority might be the most representative one. The court will collect shareholders’ opinions as to decide whether fraud exists. In cases where the wrongdoer is also the controlling shareholder, this is extremely difficult to prove. So injustice exists when the wrongdoer got the majority control. The problem is most severe with listed public companies. Thus, CDA easily fails to protect the small shareholders effectively which means it fails the initial purpose of derivative action. Last but not least, in most cases, the costs of the proceedings must be borne by the individual or minority shareholder who commences the action. As we recall from previous, the degree of evidence differs under each scenario. And we make the assumption that the more evidence to be collected the higher cost. Under SDA, the hurdle is actually low and the company may take over the case as well as the cost. However under CDA, the exceptions are very strict requirements and the shareholder is responsible for the case from the beginning to the end. As Dr Y. C. Choong said, under CDA cost can be crippling as they have to show that he has the locus standi (the right) to sue in a preliminary hearing. [17] However as we say above those people can choose the SDA for easy legal proceedings but those people who cannot use the SDA have to use the CDA. And we should not deprive their rights just because that the CDA is relatively complex. Therefore these issues can be regarded as minor issues and should be ignored at the current stage since the Companies Ordinance has not been perfect. 3. Preserve the Common Law Derivative Action in Hong Kong On the balance of the above five issues the authors think that we should preserve the CDA in Hong Kong at the current stage. 4. Further Recommendations 4. 1 Slight amend the Companies Ordinance 4. 1. 1 Option1[18] Abolish the CDA for specified corporations since the shareholders of those companies can use the SDA. Keep the CDA for offshore companies. Furthermore the MDA should be recognized by the Companies Ordinance and base it on the SDA. 4. 1. 1 Option2[19] Extend the SDA to overseas companies and abolish the CDA. any person who, to the satisfaction of the court, has an interest in the relief claimed in the proceedings, whether legal or equitable. [20] Furthermore the MDA should be recognized by the Companies Ordinance and base it on the SDA. 4. 2 Regulate the offshore compani es Hong Kong may amend the Listing Rules to require the offshore companies to sign to accept the regulation of Hong Kong Statue therefore the minority shareholders may be able to sue under the SDA. However even that is the situation the directors may not have the assets in Hong Kong and remedy is still hard to get in practice. Therefore we have the third suggestion which is a similar legal system in the Region 4. 3 Similar law system in the Region Once the law in different jurisdictions becomes much more similar offshore companies are of course regulated and minority shareholders’ rights are well protected because similar legal system in the Region can enhance the cooperation between Hong Kong and neighbor jurisdictions in terms of executing the statue and order granted by the court. Or maybe even better the similar legal system will make Hong Kong court judgments have binding effect on the offshore companies and then in practice the remedy can be got much easily than the current CDA model. 5. Conclusions In this paper we response to the Question 7 of the consultation paper and our answer is we should preserve the CDA currently. We consider five aspects and rationally prove that the CDA should be preserved in respect of each aspect. Although the authors prefer to preserve the CDA, further suggestions are also provided for future improvement of some current practical weaknesses in terms of derivative action in Hong Kong. References The statutory derivative action: now showing near you, Paul von Nessen S. H. Goo Chee Keong Low, 2008, Journal of Business Law Griggs, L. (2002). A Statutory Derivative Action: Lessons That May Be Learnt From its Past. Retrieved April 2010, from Australasian Legal Information Institute: austlii. edu. au/au/journals/UWSLRev/2002/4. html Li, X. (2006). nbsp;

Wednesday, November 6, 2019

Who is Bell Hooks essays

Who is Bell Hooks essays Bell Hooks, whose government name is Gloria Watkins is a author, cultural critic, and feminist theorist that hails from Hopkinsville, Kentucky. Over the past decade she has written plenty of novels that aroused the souls of many African-Americans. Salvation: black people in love is one of her most recent attempts to educate black people on the importance of love, which she claims is what black people today are missing. I can see that her views are well respected, by all of the positive criticism she receives from people like Maya Angelou and magazines like Essence and the Black Issues Book Review. Moreover, in this novel she makes a lot of claims and most hold to be true. But one significant claim that is made by Hooks is that Tupac Amaru Shakur was and still is a negative influence on young black males today. In this essay I will challenge that claim. I believe that Tupac Amaru Shakur has had a positive influence on young black males today because through his music and writings he w as able to teach young black males to respect people like they would want to be respected, to constantly search for knowledge, and to always have self-esteem. Bell Hooks, as well as the mass media portray to us that black people are not loving, and that our lives are so burdened with violence and aggression that we have no time to love. She involves Tupac Shakur, an influential and revolutionary rapper/activist into this general statement. Due to Tupac and a handful of other rappers, young black men try to take on the image of being hard. Hardness, is usually associated with being nonchalant about life, rebelling against the social structure, and being violently aggressive at times. In the dictionary, hard means tough, unbreakable, and stiff. I feel that Bell Hooks definition of hard means incompetent, devalued and destroyed and that once they learn this way of life, they will ultimately become ...

Monday, November 4, 2019

Eco-Innovation in Construction Industry Essay Example | Topics and Well Written Essays - 4000 words

Eco-Innovation in Construction Industry - Essay Example You will need to recognize and reflect on both the management and the various â€Å"people† and stakeholder issues involved. You may consider product, system, procedural, structural or relationship innovations with progressive or step change. Assessment Criteria: Research, investigation and description of the innovation 20% Understanding and application of theory, and models. 15% Critical analysis of the particular situation selected. 35% Personal statement about coping with change 10% Flow of academic argument responding to the question. 20% Word Count 4000 words + / - 10% CONTENTS INTRODUCTION TO THE PROBLEM†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 03 NEED FOR CHANGE†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â ‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 03 INTRODUCTION TO CONSTRUCTION INDUSTRY†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 03 THE CAUSE OF CONCERN†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. 04 DISCUSSION†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 05 ECO-INNOVATION†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ †¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.. ... L APPLIED FOR CMMS†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦ 07 THE IMPLEMENTATION OF CHANGE†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 10 CRITICAL ANALYSIS OF THE PARTICULAR SITUATIONS†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦.12 CONCLUSION†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦. 14 REFERENCES†¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦Ã¢â‚¬ ¦... 15 INTRODUCTION to the Problem Two of the central issues being faced by modern construction and engineering organisations are eco-innovation and change management as the industry is continuing to shift cultural and move towards wider operationally excellent business models. The recent economic conditions have compounded the pressure. Coupled with this regulatory pressure from government and the consolidation of sub contractors, the climate has inevitably led to much stiffer competition. Within this novel sphere, many organisations are struggling to manage the costs and differentiate themselves from the competition. NEED FOR CHANGE Change is defined by Macmillan (2007, p.237) as â€Å"a situation in which something becomes different or you make something different. † Change occurs in any business on a daily basis, but often a time comes when a planned change is needed to cope with shifts in the industry. Planned organisational change occurs when a company is making a transition from its current state to a desired future state. Managing the organisational change can be characterised as the process of planning and then implementing change in organisations in a way as to minimise the

Saturday, November 2, 2019

The Case for Reparations Article Essay Example | Topics and Well Written Essays - 250 words - 3

The Case for Reparations Article - Essay Example The Mississippi region had many cases of lynching colored Americans, unnecessary arrests, slavery, discriminatory learning, and discrimination against access to resources, among other issues, (p.2, 3, 6). The article was written to expose the trauma experienced by colored Americans to diverse Americans race but the African Americans, in particular. Perhaps, AP published this article to address the American government and other legal authorities to seek justice for the atrocities carried out on the black American race. Overly, the target audience might be the global populace since racial discrimination, slavery, and reparations affect international the society. When reading through this article, a variety of evidences is showed to explain the central themes of the story. However, this paper only focuses on a few indications outlined in the article. For instance, the AP reported that Mississippi involved lynching black populace (p.2) and whoever resisted legal arrangements was gravely injured or killed (p.3). There was the lack of legal protection for the black people (p.5), and land currently developed as a country club in Virginia was forcefully acquired from blacks (p.6). In addition, Ross explains that there was meager support for educating the black race that resided in Mississippi (p.7) and that he failed to receive a legitimate mortgage just because there was no financing for black people (p.18).