How do you think the media influences the public's perception of the Essay

How do you think the media influences the public's perception of the criminal justice system - Essay Example As per the research of Beale and Lowndes (2007) the media thanks to the advancement in live television broadcasts and the thirst of the public to have the freshest and most exciting news possible has forced the once responsible media outlets to feed a frenzy of tabloid news reporting when it comes to the criminal justice beat instead. They explained that (Beale & Lowndes, 2007). â€Å"First, through agenda setting and priming, the news media’s relentless emphasis increases public concern about crime and makes it a more important criteria in assessing political leaders. Once the issue has been highlighted, the news media’s emphasis appears to increase support for punitive policies, though the mechanisms through which this occurs are less understood.... Finally, media appears to influence public attitudes about criminal justice policies by instilling and reinforcing racial stereotypes and linking race to crime†. In other words, the news media no longer just reports the news, it also helps chart the path that the justice system will take in relation to a certain crime and the involved personalities. This charting is based upon the medias own preset criteria of guilt or innocence in relation to their own personal or network standards for news reporting and information gathering. With â€Å"justice† oriented programs like Nancy Grace and Jane Velez gracing out TV screens, I believe that the theory of Beales and Lowndes (2007) carry the proper information and weight for me to understand that the media has influenced our perception of the criminal justice system and not in a good way. These days, we make decisions about the guilt or innocence of a person based upon information that these reporters get and, without verification, tell the viewers about. Instead of allowing to make informed decisions, the media instead asks us to make knee jerk reactions about their news reporting which could also be slanted one way or another

Farewell Speech Essay Example for Free

Farewell Speech Essay â€Å" Every new beginning comes from some other beginnings end. † – Seneca. Middle school ended and now High school has begun. We all go into high school not knowing what to expect. Like if you’ll have the same classes as your best friend, if you’ll have nice teachers, or if you’ll get dumped in a trash can on â€Å"Freshman Friday. † The toughest thing is not knowing which of your friends for middle school will be at your school and which ones won’t be, if your best friend is going to a different school then you. But it’s O. K. high school is a new beginning we get to reconnect with old friends from elementary school and see our friends from last year to. As time goes by and with each of our classes you build new friendships that strengthen as the year goes on. The more you get involved in school the more you get to become friends with more people. I did Cheerleading for school this year and I have no regrets, I made so many new friends because of it they’re like my sisters now. I was also a wrestling manager and that was great I can’t wait to do it again next year, I didn’t only become close with the other managers I also became close with the wrestlers, they’re like brothers now. But no matter how many friends you made in high school you never lose touch with the ones you had in middle school. Every Freshman had those â€Å"Freshman Fears. † Some not as bad others, but everyone has them. Like the fear of â€Å"Freshman Friday† it’s funny because we never actually had that. It’s something they say to scare us†¦. And it works every time. We worry about if we have good teachers or not. Most of them are, but that’s your own opinion. Will we have a lot of our friends in our class? Are they going to have the same lunch as us? We get scared that we’ll get lost in the hall ways, or seniors will run us over. We have so many worries because of what we hear about high school, and that sense we’re the youngest in the school we have the worst teachers. It’s not like that at all in fact this year of high school was great, I wouldn’t change it at all. Yeah, this year wasn’t perfect, there was still drama and fights, but once everyone got past all that this year was really fun. Football games were always fun, everyone went to them and had a great time. Pep rallies are interesting, especially when the seniors and juniors try to win the spirit stick. A lot of people try to make high school sound scary and horrible, but it hasn’t been bad at all. I’ve had a great year and can’t wait to see how the rest of high school will be.

Ceramics - Incredible Refractory Materials :: Art

Ceramics - Incredible Refractory Materials Introduction First we will start with the definition of refractories and ceramics. Refractories and ceramics are non-metallic materials capable of maintaining physical and chemical stability at high temperatures. Refractories in modern practice are usually ceramic in nature, and are used in a wide variety of primary, secondary and tertiary industries. Wherever an industrial process involves heat in excess of 700 to 800 degrees Fahrenheit (roughly), one will find refractory material in place, either as a lining or forming the process vessel itself. Some common process vessels using refractories are; boiler combustion chambers, furnaces like the one in the foundry, incinerators, many emission control scrubbers, rotary kilns and so on. The list is by know means exhaustive. For example, Launch Pads 39A and 39B at the Kennedy Space Center are refractory lined. The shuttles themselves are lined with ceramic tiles to protect them from the heat of re-entry into earth’s atmosphere, these tiles are! unique to the shuttle, but are non-metallic and heat resistant. The Making of Refractory Materials The first step in processing ceramics is crushing of the raw materials. Crushing is usually done in a ball mill, either wet or dry. Wet crushing is more effective because it keeps the particles together and prevents the suspension of fine particles in air. The ground particles are then mixed with additives, the functions of which are one or more of the following: 1. Binder for the ceramic particles 2. Lubrication for mold release and to reduce internal friction between particles 3. Wetting agent to improve mixing 4. Plasticizer to make the mix more plastic and formable. 5. Various agents to control foaming and sintering. 6. De-flocculent to make ceramic-water suspension. De-flocculention changes the electrical charges on the clay particles so that they repel instead of attract each other. Next, it’s time to begin the casting process. The shaping process for refractories are casting plastic forming and pressing. The most common casting process is slip casting. The slip is poured into a porous mold made usually of plaster of paris. Then inverted and the remaining suspension is poured out for making hollow object much like slush casting. The part is then trimmed the mold opened and the part removed. The second process of shaping ceramics is plastic forming. We have various methods of plastic forming such as extrusion, injection molding and jiggering. Plastic forming tends to orient the layered structure of clays along the direction of material flow.

Culture and social effects of globalization Essay

Some say globalization is creating an intelligent community while others say they are losing their identity. What culture and social effects has the Czech nation experienced as a result of globalization? Globalization isn’t a factor of new age. Big boom of that started at the end of WWII. This let say economic interconnection among states or countries has main effect like prevention from new world war. Globalization has huge impact or influence on all countries around whole world. I know numerous of them however I’m describe or highlight in my essay some of them which, in my point of view, they are evident in the Czech Republic. First of all, I would like to stress new diet. Globalization has brought to Czech citizen new style and kind of restaurants and fast foods. Furthermore globalization has changed people’s way of life. Nowadays men and women are hardworking and they have no time to cook and take care of their health. Secondly, I think that other thing which was brought by globalization is new culture. This impact is more visible mainly on television. More than ninety percent of all movies and serials are American. I can’t say that all of them are wrong and different in our area nevertheless we can find some really brainless. Due to my knowledge I state that this approach is visible mainly in private TV channels. On the other hand I can highlight also pleasant or engaging issue. Mainly new tradition or new celebrations like St.Valentine, Halloween or St.Patrick’s day. These holidays have become naturalized in the Czech Republic since communist’s regime was overthrown. While a few Czechs are fighting against domestication of foreign customs their fight is hopeless. Similar like Don Quijote de la Mancha and his fight with windmills. At the end I would like to say globalization has not influenced only the Czech society. We can recognize it everywhere. In my essay I tried to highlight some of them which are visible for regular citizens. To sum up I can say that globalization has brought nothing wrong to Czech society. All aspects which I stressed in my essay are more pleasant and serious impact on global world is totally different.

Environmental Pollution Essay

Los Angeles, California have been experiencing a growing population within our city. The growing population in this city has caused an increased pressure on the infrastructure and natural resources that are beginning to affect our environment. The expansion of the city has cut deeper into the rural areas that are causing problems to the environment, such as a loss in our wetlands, water pollution, biological habitats, and air pollution. The cause of the growing population has led to a high density of factories, automobiles, and commercial enterprises in Los Angeles. The population growth is beginning to create many environmental problems that are giving Los Angeles economic, and environmental consequences. Theresa Carter, an associate-level environmental scientist, has suggested four measurements of the city council for addressing the pollution management. She has suggested to Encouraging alternative transportation, walking, and bicycle use, Promoting fuel-efficient cars, Improving roads, and Encouraging carpooling. The encouragement of alternative transportation is great on the earth environment and the health of human beings. The improvement of better roads can also improve the transportation of people, reduce cars accidents, and can allow people to compost what was used. Compost helps improve soil, so it holds more water and plants grow better. Carpooling is a very effective climate change, because it allows one car to be used to carry different people to work and other places. For instance, eight people wanted to drive their car from Los Angeles to Apple valley. Los Angeles is an hour and a half drive away. Instead of using eight different cars and spending money on  eight different fossil fuels to fuel their cars, one person can use a van to carry all the co-worker to one location saving, hundreds of dollars and used of savable fossil fuels. When people use walking, bicycling, and carpooling at least twice a week it can cut the greenhouse gas emission at 1,600 pound per year. The promotion of fuel efficient vehicles allows the waste of fuel not to be used and helps protect the future cost of fossil fuels. When humans trade a car for a bicycle, it do not only improve their and the ecosystem health, It allows humans to fight obesity and rely on other ways to get around. Some persons may argue that fuel efficient cars are a great expense, but it can also be a significant improvement to get their health in order. It can do this by removing pollution from the air and gathering into their lungs. Bicycling is exercise, and many people have become obese by sitting around and driving, while not doing nothing to benefit their health. Pedestrian crashes are more than twice as likely to occur in areas without sidewalks; streets with â€Å"sidewalks on both sides have the fewest crashes. â€Å"Streets without safe places to walk, cross, catch a bus, or bicycle put people at risk. Over 5,000 pedestrians and bicyclists died on U.S. roads in 2008, and more than 120,000 were injured† (Reynolds, C, p. 22, 2009). Improvements of new roads and fuel efficient cars can be a massive expense, but the is an excellent conservation of people lives, and deter of greenhouse gases being released. Better decision making on environmental issues, allow people to make a better decision to live life on earth for a longer existence. The way the Earth works is to create and recreate, not for human to produce and destroys nature natural habitat. The following quote â€Å"Decision-making about environmental issues necessitates the maintenance of a good balance between the effectiveness of measures and the public reaction towards them.† In Theresa opinion mean that if human makes a valid decision on the thing that he or she find necessary, meaning something they can not live without Only then will they know how to keep the earth and its environment clean, and the general will began to follow. When the public sees the response of them destroying the environment personally, they can take the appropriate measure it take to have others combined with the contribute to restoring and  maintain a clean environment. Los Angeles economic and environmental hazard can become improved by encouraging alternative transportation, walking, and bicycle use, promoting fuel-efficient cars, improving roads and encouraging carpooling. Many hazards come from the emission of fossil fuels from the engines of cars, by implementing the use of people not using their cars or making fuel efficient vehicles, it helps improve the inconvenience use of vehicles. When the growth of population becomes larger, more people require unnecessary materialistic items, like cars, technology, and material that cut into the field and push down trees from growing. Animals start to get pushed out their habitats, and the earth begin to become small on their environmental structure. If Los Angeles complete or clean up their street, it may cost a profit, but it is a reduction in car accidents, better bicycling paths for bicyclist, and a cleaner environment so humans can respect and take care. Reference: Analysis shows promoting fuel efficient cars will keep fuel costs from draining illinois economy. (2011). Entertainment Close – Up, Retrieved September 14, 2014, from http://search.proquest.com/docview/864596179?accountid=458 Botkin, D.B. and Keller,E.A. 2010. Environmental Science: Earth as a Living Planet 7th Edition. Hoboken: John Wiley & Sons. Reynolds, C., et al. (2009). â€Å"The Impact of Transportation Infrastructure on Bicycling Injuries and Crashes: A Review

Stress and depression Essays

Stress and depression Essays Stress and depression Essay Stress and depression Essay Adolescence is a time of emotional pandemonium, and behavioral experimentation. It is the time of heightened sensitivity and upheaval. It is when a human personality is most affected by its surroundings. Social stressors like problems at home and school adversely manipulate the young minds and are the prime causes of depression. The teenager who exhibits negative personality changes necessitates due cognizance before it is ruined completely. This research focuses on root causes of stress and depression in adolescents and how it affects their schooling. The paper will also suggest ways and means to handle stress and depression in teenagers.IntroductionIn America today, around 18 million people are depressed. Over 2 million of these are adolescents (Watkins, 2004). In most cases, depression is caused by stress. Majors stressors in a teenager’s life extend from home to the school environment. Many children are confronted with family conflicts besides constant changes in schools, neighborhoods and child care arrangements. Sometimes violence in homes or communities cause great deal of stress in a youngster’s life. The impact of all these stressor depends on childs level of maturity. A very young child who is under constant supervision at home and at school, may get least affected. However, when a child enters in the age of adolescence, the personality starts getting most affected by the stressors present around him/her.Whatever the cause of depression in an adolescent’s life, it can result in isolation, poor education results, violence, and even suicide. The high percentage of this illness in adolescents reflects severity of the situation which has rung bells in concerned quarters. This research paper aims at highlighting symptoms and causes of stress and depression in adolescents, scrutinizing its impact while obtaining education. The paper will make suitable suggestions as to how to deal with the issue specially at school level. The research is based on relevant statistic collected from various sources and focuses on reports of medical and psychiatric professionals.Stress and Depression in AdolescentsAmerican Heritage Dictionary defines stress as a state of extreme difficulty, pressure, or strain’. It is a mentally or emotionally disruptive or upsetting condition usually leading to a state of depression. The term depression usually means a functional impairment or in other words, patients of depression are physically and mentally handicapped to carry out their everyday lifes activities in normal fashion (Sharry, 2004, p. 2). Depression, in psychiatry is a symptom of mood disorder characterized by intense feelings of loss, sadness, hopelessness, failure, and rejection (Colombia University Press). Depression also known as clinical depression is currently the leading cause of disability in the US as well as other countries, and is expected to become the second leading cause of disability worldwide (after heart disease) by the year 2020 (Murray Lopez, 1997, P. 1498).In US, childhood and adolescent depression has increased considerably in the past fifty years. Besides causing behavioral and emotional turbulences in adolescents’ life, this can affect their physical health as well. Asthma, hay fever, migraine headache and gastrointestinal illnesses like colitis, irritable bowel syndrome and peptic ulcer can be exacerbated by stressful situations (Hac k, 2001). An analytical study established that the comparative ratio of depression found in girls is much more than in boys. During childhood the number of boys and girls affected are almost equal. In adolescence, twice as many girls as boys are diagnosed (Watkins, 2004). Effects of stress and depression may initially seem minute but repeated episodes of depression can affect a young mind to a great extent.Symptoms of Stress and Depression in AdolescentsSymptoms of stress and depression in adolescents can be identified easily. Constant sadness, sleep disturbances, lack of motivation, lowered energy levels, loss of concentration and slowed thinking is reflected by missed classes and poor grades. Boredom may be a synonym for feeling depressed. Loss of appetite may become anorexia or bulimia. Adolescent depression may portray an alcohol or drug abuse and rebellion with no obvious reasons (Blackman, 1995).Symptoms of adolescent stress and depression are somewhat similar to those of adul t depression. Sometimes one can also see irritability and suicidal talk. The parents would usually complain that the adolescent hates himself and everything else (Watkins, 2004). Depressed young people often find school very difficult and are reluctant to attend. They often suffer anxiety that stems from their depression, manifesting itself in physical symptoms on school mornings that ease off as the day progresses. These symptoms may include nausea, stomach pains, fatigue and weakness (Sharry, 2004, p. 107).Stress is a major cause of depression. In order to identify symptoms of depression, we should be familiar with the symptoms of stress as well. In adolescents, symptoms of stress can be divided into following categories (Molgaard, 1996):1) Physical Symptoms: Headaces, stomach aches, vomiting.2) Emotional Symptoms: Fear, irritability, sadness.3) Behavioral Symptoms: Crying, nervous tics, losing temper.4) Interpersonal Relationship: Withdrawing, teasing or bullying, extreme shyness .Causes of Stress and Depression in AdolescentsThe more it is easier to identify the depression through symptoms, the more it is difficult to establish its causes. It can be heredity or an environmental issue. Inconsistent parenting could be one cause, and stressful life experiences can be another. Various people cite different reasons for early life depression. When depressed adults are asked about their childhood experiences, they report neglect, abuse, rejection and parental conflict as major causes (Watkins, 2004). There can be no single reason for depression in adolescents. Most of the time, it will a combination of various triggers. And more the number of causes, worst is the outcome.An in-depth study reveal that causes of stress and depression more or less can be attributed to many different kinds of experiences, from early childhood to later life. These experiences would usually include a violent family environment, abused or neglected childhood, death of a loved one, extrem e stress caused by a serious financial problem or an unhealthy social condition such as poverty or homelessness. Some other causes which are beyond anyone’s control like chronic illness, side effects of medications, hormonal changes that affect mood (such as the onset or end of menstruation) and genetic causes also contribute to stress and depression in adolescents.There are a few lifestyle factors that may cause depression themselves or add to already prevailing illness. Adolescents would always find time running out of their hands. They would usually cut their sleep time to complete their overwhelming ambitions. Lack of sufficient sleep in teenagers is being considered one of the major causes leading to stressful scenarios, and ultimately resulting into depression. Other lifestyle factors contributing to depression include isolation, poor diet, excess caffeine or sugar, lack of exercise, and lack of fun and recreation.Impacts of Stress and Depression in Adolescents while Ob taining EducationImpact of stress and depression in adolescents is directly proportionate to the causes of the illness. Depressed adolescents however would invariably be less energetic, least motivated, slow and less productive. Depression will take away their decisiveness and they would be uncertain most of time and will make more mistakes. At home, they will restrict themselves to their rooms and take least interest in family affairs. Stress and depression affects emotions to a greater extent. Depressed adolescents will be unable to demonstrate affection for loved ones. They would like to live in isolation and avoid social gatherings.Depression is closely associated with interpersonal relationships at homes and at schools. It is one major cause in manifestation of suicidal behavior, violent thoughts, alcohol, early pregnancy, tobacco and drug abuse. Since 1950, the adolescent suicide rate has risen four times. According to one estimates, 12% of the total adolescent mortality in 19 93 was due to suicide (Watkins, 2004). Adolescents suffering from depression and associated emotional disorders are often alienated at school. Their sense of insecurity and lack of will power to meet the requirements of daily life force them to the state of regression and repression. More sever the sickness, the greater the impact on attaining education. Major reprisals of stress and depression in schooling of an adolescent are enumerated below:1) Poor grades due to lack of interest, and lack of concentration.2) School drop outs due to constantly deteriorating performance.3) No social activities, and lack of participation in sports or any other extra-curricular activity due to lack of energy and lack of will power.4) Victims of abuse due to lack of friends/social circle.5) Isolation/seclusion due to lack of confidence.6) Reshaping of personality into pessimistic, choleric, and melancholic shades.7) High risk of indulgence in serious acts of violence against others and themselves. Th e violent activities in schools have gone much beyond alarming stage. Various prominent health organizations like American Psychological Association, National Association of School Psychologists and National School Safety Center are making all out efforts to identify and predict potential perpetrators. Recent studies have concluded that depression has been the major factor responsible for instigating students for engaging in acts of violence at schools and elsewhere. Among the ten student perpetrators identified in school shooting incidents occurring between 1996 and 1999, eight had a clear history of depression (Verlinden, Hersen, and Thomas, 2000). According to the data compiled by the Centers for Disease Control and Prevention, the rate of youth suicide has tripled over the last 50 years and is now the third leading cause of death for 10- to 24-year-olds. More teens and young adults die of suicide than from cancer, heart disease, AIDS, birth defects, stroke, pneumonia, influenza, and chronic lung disease combined (CDC, 2003). Clearly, youth depression and suicide are important issues for school personnel to consider as they strive to address both the educational and mental health needs of students.Modus Operandi to Handle Stress and Depression in AdolescentsStress and depression are curable. The treatment will however depend on the level of severity. The nature and the cause of the disease will dictate its treatment. Some patients may only require counseling and some may necessitate serious medical help. The major problem is to make the patient talk about his/her illness. Adolescents generally avoid such topics of discussion with parents. Adolescent boys find it particularly difficult to talk about their feelings especially at homes (Sharry, 2004, p. 63). Depression and the accompanying threat of suicide are very serious mental health issues and schools have an important role to play in addressing both the educational and mental health needs of all students . When dealing with such illness, role of the schools expands much beyond education to prevention and treatment of the problem. School is the best place, where an adolescent can be confronted and lured in to talk about the problem.Schools should educate teachers, students, families, and the larger community about depression, its causes, treatment, and management. In one study (Curry, 2001), symptoms of depression were minimized in students who participated with their families in school-based sessions designed to enhance communication, problem-solving skills, and awareness of the effects of depression on the entire family system.From a prevention focus, it is important that teachers and guidance counselors have an adequate understanding of childhood depression, its symptoms, and warning signs associated with child and adolescent suicide. School personnel can recognize early signs of depression in a child. They can assist the families in seeking appropriate mental health services. Sch ools also play an important role by contributing to the quality of life of all students. Schools can increase students’ feelings of accomplishment and expectations for future success.An effective way to handle stress and depression in schools is to make a system which should be able to first identify the problem. The problem with adolescents can be identified through examining the results, behavior, and activities of under observation cases. After having identified the adolescents with symptoms of depression, causes of the problem need to be established. For this purpose counseling sessions with the affected students and interviews with the parents can help to a great extent. Then is the stage of treatment. There are two main avenues to treatment: psychotherapy and medication. Often, both may be required. The majority of mild depressions in teenagers respond to supportive psychotherapy with active listening, advice and encouragement. Relevant agencies can be contacted when de aling with issues of alcohol and substance abuse. Formal family therapy may be required to deal with specific problems or issues. Some serious situations where there is an immediate risk of self-neglect or suicide may necessitate the level of supervision and care that can be provided only in the hospitals (Skapinakis, 2003).ConclusionDepression does not affect the patients alone, but it puts an impact on the life of everyone around them, too. Someone who is depressed can be very difficult and draining to deal with. The problem is aggravated when it comes to the cases involving children and adolescent. Depression in adolescents is greatly under diagnosed, leading to serious difficulties in school, work and personal adjustment which often continue into adulthood. The suicide rate for adolescents has increased more than 200% over the last decade. Recent studies have shown that greater than 20% of adolescents in the general population have emotional problems and one-third of adolescents attending psychiatric clinics suffer from depression (Blackman, 1995). Among those adolescents who suffer from major depression, up to 7% eventually commit suicide (Cash, 2001).Stress and depression influence every facet of patient’s life. Education is the most affected of all. Schools play an important role by providing a supportive and nurturing climate for student development. By celebrating the accomplishments and successes of all students, schools can contribute to the development of positive self-esteem. Schools can develop a system which automatically identifies the students suffering from depression and then make all out efforts to eradicate this menace from the young minds that bear the future of our nation.BibliographyBlackman, Maurice. (1995). Adolescent Depression. The Canadian Journal of CME. Retrieved January 26, 2006, from mentalhealth.com/mag1/p51-dp01.htmlCash, R. E. (2001). Depression in children and adolescents: Information for families and educators. Soci al/Emotional Development. Bethesda, MD: National Association of School Psychologists. Retrieved April, 21, 2003, from naspcenter.org/pdf/social%20template.pdfCenters for Disease Control and Prevention. (2003, April). Suicide in the United States. Washington, DC: Centers for Disease Control and Prevention, National Center for Injury Control and Prevention. Retrieved April, 21, 2003, from cdc.gov/ncipc/factsheets/suifacts.htmCurry, J. F. (2001). Specific psychotherapies for childhood and adolescent depression. Biological Psychiatry, 49(12), 1091–1100.Depression. (n.d.). The Columbia Electronic Encyclopedia, Sixth Edition. Retrieved January 26, 2006, from Answers.com Web site: answers.com/topic/clinical-depression

Ancient Rome-Roman Family essays

Ancient Rome-Roman Family essays Human nature leads us to be curious. Due to this we have acquired a thirst for knowledge about many aspects of life - one of these is the past. The city of Rome was founded in 753 B.C. By 275 B.C., it controlled most of the Italian Peninsula. At its peak, in the A.D. 100's, the Roman Empire covered about half of Europe, much of the Middle East, and the north coast of Africa. Roman society was generally stable and ordered, with a clear legal system and understood ways of doing things; writings from Roman times indicate this. There are many aspects of Roman society and culture, which provide essential insights into the everyday lives of this ancient society; family life is one of these aspects. Fathers arranged marriages for their children. Girls were often married when they were only 13, and boys were not much older. However, it was not uncommon for a girl to be married to an older man, even if he was twice her age. Marriages occurred for social, business and political reasons; alliances between noble families for political and dynastic reasons were very important. Considerations of property and social standing were more important than love. Many marriages were quite happy and there are quite a few written and archaeological sources depicting happy families with children, however, some were horribly unhappy and there are sources to support this also. As in most societies, the relationship between man and wife depended as much on the character of the individuals as on custom and law, but there was no doubt that a wife had to obey her husband. Yet we hear little of oppressed wives, and wives seem to have been fairly respected within their households, however this does not m ean that women were not oppressed. This is indicative of the fact that the majority of sources were written by men. Originally called by the Latin title of paterfamilias, the father evolved into the patron of Roman Republican and early Imperial society. The father...

Lo que hay que saber sobre la mayoría de edad en EEUU

Lo que hay que saber sobre la mayorà ­a de edad en EEUU En Estados Unidos, cada  estado establece la edad de mayorà ­a de edad. Es importante saberla porque  a partir de la misma se considera a una persona como adulta. Si bien hay importantes excepciones para determinados cosas e incluso para efectos migratorios. Por su importancia legal, en este artà ­culo se informa sobre las distintas edades de mayorà ­a segà ºn los estados y cundo, a pesar de ser menores de edad, pueden ser juzgados como adulto. Adems, cules son los actos que un menor de edad puede hacer con efectos legales y cules le estn prohibidos a pesar de ser mayor de edad y, finalmente,  cules son los casos en los que la edad determina derechos desde el punto de vista migratorio. Adems, se resalta el tema de la edad para consentimiento sexual, ya que si no se respetan las reglas de cada estado, podrà ­a haber problemas. Edad de mayorà ­a de edad en Estados Unidos por estados y Puerto Rico Este es un asunto que regula cada estado. 47 de ellos y el Distrito de Columbia -la ciudad de Washington D.C.- han decidido que la mayorà ­a de edad es a los 18 aà ±os. Sin embargo hay tres importantes excepciones: dos estados han seà ±alado que se alcanza la mayorà ­a de edad a los 19: Alabama y Nebraska. Y uno a los 21: Mississippi. Con independencia del estado, todos los ciudadanos americanos mayores de 18 aà ±os pueden votar en elecciones federales, porque asà ­ lo establece la Constitucià ³n. En el estado libre asociado de Puerto Rico la edad de mayorà ­a de edad quedà ³ fijada en 18 aà ±os. En quà © casos menores de edad pueden actuar como si fueran personas adultas Hay que consultar con las leyes de cada estado, a que hay grandes diferencias entre ellos. Un buen nà ºmero de estados considera que en determinadas circunstancias los menores de 18 aà ±os son mayores de edad, generalmente en casos de: emancipacià ³n judicialmatrimonioestar alistado en el Ejà ©rcito, lo cual es frecuente por sus ventajas. Adems, algunos estados conceden capacidad para decidir por sà ­ mismo a los menores en ciertos asuntos. Pero puede darse en situaciones relacionadas con: edad para contraer matrimonio. Si se tienen los aà ±os requeridos en el estado para contraer matrimonio legalmente y se tienen recursos econà ³micos suficientes entonces se puede solicitar la green card para el esposo/a extranjero.capacidad para celebrar cierto tipo de contratosCapacidad para demandar en corte por medio de representante (guardin, next friend, etc)Capacidad para decidir sobre tratamiento mà ©dico. Edad mà ­nima para puede ser juzgado como juvenil y juzgado como adulto En Estados Unidos, dependiendo de su edad los menores de edad que cometen un delito  pueden: no ser juzgados porque se considera que no tienen capacidadser juzgados como un juvenilser juzgados como un adulto No todos los estados establecen una edad mà ­nima para excluir a los nià ±os de todo tipo de responsabilidad criminal, lo cual significa que pueden ser juzgados independientemente de su edad. Sin embargo, una veintena de estados sà ­ que han establecido una edad mà ­nima. Asà ­ non pueden ser juzgados los menores de 10 aà ±os en Arkansas, Colorado, Dakota del Sur, Kansas, Lousiana, Minesota, Mississippi, Pennsylvania, Texas, Vermont y Wisconsin. Los menores de 8 aà ±os no tienen responsabilidad penal en Arizona, Nevada y Washington. Dicha edad se rebaja a los 7 aà ±os en los casos de Connecticut, Dakota del Norte, Maryland, Massachusetts y Nueva York. Finalmente, los nià ±os pueden ser juzgados en Carolina del Norte a partir de los 6 aà ±os. Los menores de edad, cuando son juzgados, pueden serlo como juveniles o como adultos, es decir, en corte criminal ordinaria. Como regla general, en todos los estados se establece que ninguna persona mayor de 18 aà ±os puede ser juzgada como juvenil. Adems, se establece una edad menor a partir de la cual una persona es juzgada como adulto. En los estados de Georgia, Michigan, Missouri, Texas y Wisconsin dicha edad es 16 aà ±os y en todos los dems estados la edad mà ­nima para ser juzgado como adulto en corte criminal es 17 aà ±os. Resaltar que a partir de octubre de 2020, en el estado de Nueva York los menores de 16 y 17 aà ±os no sern juzgados automticamente como adultos, como est sucediendo en estos momentos. En todo caso, los 50 estados que componen la Unià ³n Americana tienen leyes que se conocen en inglà ©s con el nombre de transfer laws que permiten que los menores que cometan delitos muy graves, como por ejemplo, asesinato, puedan ser juzgados como adultos con independencia de la edad que tengan. Las modalidades de las transfer laws y sus requisitos varà ­an de estado a estado. Quà © no se puede hacer hasta los 21 aà ±os de edad A pesar de haber alcanzado la mayorà ­a de edad, los menores de 21 aà ±os no pueden comprar bebidas alcohà ³licas, excepto en el caso de Puerto Rico. Sin embargo,  las reglas sobre la presencia de menores en bares o tiendas de licor o consumo en privado,  por ejemplo, en una cena familiar, depende de cada estado. Adems, segà ºn las leyes federales, los menores de 21 aà ±os no pueden comprar pistolas a ningà ºn comerciante. Sin embargo, pueden adquirirlas a partir de los 18 aà ±os si es a travà ©s de una persona privada. Asimismo, pueden comprar rifles y escopetas a un comerciante a partir de los 18 y no hay là ­mite de edad cuando se trata de adquisiciones privadas. En el tema de compra de armas, adems de las leyes federales hay que respetar las leyes del estado en el que se vive. Varios de los estados imponen un mà ­nimo de 21 aà ±os de edad para comprar y/o poseer pistolas, por ejemplo California, Connecticut, Delaware, Hawaii, Illinois, Iowa, Nebraska, Nueva Jersey, Nueva York, Rhode Island, Washington, Wyoming y la ciudad de Washington D.C. Consecuencias de la edad en asuntos migratorios A efectos migratorios, son varios los casos en los que se considera a una persona como infante (child) mientras es menor  21 aà ±os de edad y est soltero. Por ejemplo, en las peticiones de sus hijos  por parte de ciudadanos o residentes permanentes. Adems, los ciudadanos sà ³lo pueden pedir a hermanos y padres si ya han cumplido los 21 aà ±os de edad.   Otro caso donde importa la edad es el de los indocumentados menores de 21 aà ±os que no estn casados y que han sido abusados o abandonados por uno de sus padres, ya que podrà ­an obtener papeles si califican para el Estatus Especial de Inmigrante Juvenil.   Se trata de casos en los que las leyes migratorias protegen ms all de los 18 aà ±os de edad.   Sin embargo, en el caso de los muchachos que pueden ser protegidos por la Accià ³n Diferida (DACA, por sus siglas en inglà ©s) sà ³lo estn amparados los que llegaron a Estados Unidos antes de cumplir los 16 aà ±os de edad. El consentimiento para actos sexuales y la edad Cuando un adulto mantiene relaciones sexuales fuera del matrimonio con un menor de edad, aunque sean consentidas, puede ser considerado un delito, lo cual podrà ­a tener consecuencias penales y tambià ©n migratorias. Para evitar problemas serios hay que tener en cuenta cul es  la edad para el consentimiento sexual en cada estado  Y es que como regla general, la mayorà ­a de edad y la de consentimiento para actos de naturaleza sexual no coinciden y es fundamental tener en cuenta la edad de las 2 personas que realizan el acto à ­ntimo. Este es un artà ­culo informativo. No es asesorà ­a legal.

Police Brutality Research Paper Example | Topics and Well Written Essays - 2000 words

Police Brutality - Research Paper Example Although it is not an overstatement that community policing in a free world like the United States is similar to cutting through a mountain with bare teeth! It is indeed a difficult task that requires arduous concentration, serious planning and cutting-edge management (U.S Department of Justice, 1998). The presence of multi-cultural communities in many cities and towns across the country even makes this task appears more complicated. Each member of the communities aspires for equal treatment under the law when it comes to the issue of policing (Walter, 2000). But could such demanding circumstance put a strain on the police officers’ performance and turned them into violent or aggressive officer exterminating the defenseless citizens they are paid to protect? Even though they have their own prejudice, police officers are required by laws and ethics to justly handle each case. In order words, they should see their job as servants to the entire population, not just to satisfy the ideology of their own race or religious affiliations once they are in the uniforms (Mastrofski, 1999). However, instances of overtly use of force and weapons peppered by racial prejudice have often come up between the civilians and the police officers (Milton et al, 1977). And in these situations, the affected civilians who might have felt cheated and embarrassed could also often resort to self-defense.In the course of the melee, either the police officer or the civilian may have an upper hand in the scuffle, and one of them might mistakenly take the life of the other!

The 13th Bracey Report on the Condition of Public Education (Phi Delta Essay

The 13th Bracey Report on the Condition of Public Education (Phi Delta Kappan Oct2003, Vol. 85, issue 2, p148164, 17p - Essay Example Therefore, the NAEP's definition will predominate and, given that numerous institutions and organizations have assessed it as "fundamentally flawed," this is hardly a positive development (Bracey, 2003, p. 149). As proof of the problematic nature of flawed and discrepant proficiency definitions, Bracey (2003) points towards the fact that while the assessment tests used in Texas declared over 9 out of 10 eighth grade students proficient at mathematics, the NAEP assessment tests put the number at only 2.4 students out of every 10. The implication here is that the absence of a single, agreed-upon definition for proficiency leads to flawed and inaccurate assessment tests. Matching the problematic nature of the proficiency issue is the NCLB's "requirements for highly qualified teachers" (Bracey, 2003, p. 149). Stating that by 2005-2006 all teachers had to meet the new qualification standards, the NCLB quite effectively called for the impossible. In the first place, the 100% expectation is unrealistic and virtually impossible to fulfill. In the second place, while one of the criterion for qualification is "full state certification," the NCLB does not identify the components of full certification (Bracey, 2003, p. 151).

Manage Factoring and Invoice Discounting Agreements Assignment

Manage Factoring and Invoice Discounting Agreements - Assignment Example Invoice factoring and discounting are processes through which a company can get quick cash by assigning the debt to another party who could be a person, a commercial bank or other financial institutions.2 Depending on the nature of contract between the company and the financing agent the duty of collecting the debt form the client is either assigned to the agent or remains under the company. The company will have to identify a reliable factor or invoice discounter to get cash against the invoice and then use the money to advance its operations.3 In order for the company to identify appropriate factoring or discounting agent, they should consider the agent whose term is favorable in terms of low fees, issue maximum deposit, low-interest charges and be able to pay the amount within the shortest time possible.4 The decision by the company as to whether to discount or factor the invoice will depend on the value of the invoice and the stability of the company. If the company’s turnover is below $250,000 per annum and the company does not have in-house credit control systems the agents will prefer factoring the invoice.5 However, for companies with an annual turnover of more than $250,000 and adequate6 internal credit control systems discounting is essential because of the high cost involved. When factoring the invoice the agent usually charges high fees and interest rates. Discounting of the invoice does not alter the arrangement between the trader and the debtor because the responsibility of collecting the debt rests with the trader, and the debtor is not aware of the arrangements.7 The company should discount its invoice in order to ensure its relationship with debtors remains unchanged. In fact, the clients may lose trust in the company in case the trader opts to assign the debt to a factoring agent.

Electoral college Essay Example | Topics and Well Written Essays - 1250 words

Electoral college - Essay Example The amendment provides room for the electoral process in case the electors failed to choose the president by majority. Each state had a number of electors that were same as the number of the state representatives in the upper and lower houses of the legislature. In 1969, the District of Columbia gets for the first time number of elector equal to the least populous state elector’s by the 23rd Amendment. The electors person's choice is from the states they represent by a populous vote that translates to the presidential candidate they favor in the end. There have been many attempts to change the system, but none has been useful. The states organize the elector’s elections where congress determines the dates. Some of the attempts that have been successful include Nebraska and Maine give two votes to the overall winner in the states and one vote for congressional district winner. The system of the presidential election termed as Electoral College system establishment is in the year 1804 after the 12th amendment of article II of the constitution. The main factors that influenced the creation of the system were to ensure that each state gets a fair say in who is their president. The electors were the rich land owners of the time and had to be white. To create a solution should any of the candidates fail to get a win of 270 populous elector’s votes. This scenario arises when the electors who pledge to vote for a given candidate vote otherwise as they are not bound to their promise by the constitution. The House of Representatives resolves this stalemate. The pros of the system include it enhances national cohesion in the country and ensures that distributing the populous president decision all over the country. The system also ensures that there is political stability by enhancing the two political party system (Bickel. 56). The people against the system argue that the system provides a leeway for a candidate to win the nationwide election and los e the electoral vote. The critics justify their argument by the events that happened in the year 2000 when republican George Bush lost the populous vote and went ahead to win the electoral vote. His opponent Al Gore won the populous vote but, lost the electoral vote. In the end Bush, become the president. The critics say the system gives a leeway to election of a minority leader. They argue President George W. Bush was a minority leader but went ahead to gevern the country four those four years. This leader will not protray the Nation's free will as a few individuals that have a free will on whom to elect into office elected him into office. The minority leader increases the risk of dividing the nation into half. Most of the people will not have faith into his leadership regime. This may trigger mass protest and derail the economy of the nation. Critics point to the possibility that the Electoral College discouraging voter turnout in many states. Critics’ argue since the coll ege has the mandate to elect the president then, the voters may after all leave the decision to the college and boy court elections. This will be a big setback in democracy as people will feel to be denied their constitutional mandate to elect the leader of their choice. Many republicans in the current states where they rule are aiming to change Electoral College

Public Safety and Privacy Analysis Essay Example | Topics and Well Written Essays - 1500 words - 1

Public Safety and Privacy Analysis - Essay Example Back in the 1970's the Supreme Court tackled in the case of Roe v. Wade the issues of pregnancy and even abortion as private matters (Chaiten, 2004). Today, however, the shift is on making the aspects of private realm as pertinent concerns of the state, especially when it comes to the issue of public safety. In the case of People v. Samson, the court ruled upon the rights of a parolee. The facts of the case focus on the encounter between the parolee and a police officer. It was September 6, 2002 police officer Alex Rohleder, while patrolling, saw and recognized the parolee Donald Curtis Samson whom he heard from his colleagues as having 'a parolee at large warrant.' Rohleder approached and inquired. Samson declared that he was then 'in good standing with his parole agent.' All the same, police officer Rohleder decided to conduct a search and justified the said search by claiming that as a parolee, there is a need to make sure that Samson obeys the laws and rules. It is a mere privilege that Samson has been set out of prison and he will be discharged Samson if he has 'nothing illegal.' There is actually a condition on Samson's parole that grants any officer the right to search at any time whether or not there is a warrant. This is a valid condition and it is implemented to all parolees i n the State of California. The police officer found cigarette box and discovered a plastic bag with methamphetamine. Samson was arrested. Samson filed a motion to suppress evidence, but this was denied. He was convicted and sentenced to imprisonment. He appealed before the Court of Appeals which affirmed the validity of the parole search. Analysis There are some situations and events that people undergo at present that are claimed to justify the interference of the state into what used to be purely private matters. This can be attributed to the onset of globalization and the too many changes it has brought to the society. It is a fact that most of the crimes committed today are those that goes beyond what the public can right away see. Some people are molested, harmed and harassed, even if there is no physical contact because of the internet and computer technology. Also, the terrorism that the whole world was able to witness in September 11, 2001 has left many people constantly paranoid of their safety in the public and in their homes. Evidently, these events called for the sudden reshaping of state laws and policies. These also prompted the need to shift paradigms and for the state to pry into the private realm to reveal any bad intent that may cause damage to the public. To many people, the question still remains. Who shall delineate the line on what remains private and what is public when the need arises Who shall say that the government can intervene in most private decisions an individual or household shall make (Chaiten, 2004) How shall every private individual be assured that the rule of law will constantly be implemented and that the inquiry into the public realm is justified This cannot go unresolved as people have witnessed how tendency to abuses and prejudices can harm a small number of people out there. The State is inviolable. Its general principles lie in serving the people that constitute it. Yet, it remains as a mere legal concept. Its

Dangerous Method Essay Example | Topics and Well Written Essays - 1250 words

Dangerous Method - Essay Example Conclusion 5. Work cited Dangerous Method Introduction Dangerous Method is a historical movie based on a non-fiction book â€Å"A Most Dangerous Method† written by Kerr John in 1993. It is a drama by genre, produced and directed by David Cronenberg in 2011. Christopher Hampton adapted the screenplay from his stage play, The Talking Cure cast in 2002. The starring of the movie includes Keira Knightley, Michael Fassbender, Vigo Mortensen, and Vincent Cassel. The movie is an early 20th century story, and the storyline revolves around Michael Fassbender as Carl Jung, Keira Knightley as Sabina Spielrein,Vigo Mortensen as Sigmund Freud, Vincent Cassel as Otto Gross and Sarah Gadon as Emmah Jung. A Dangerous method is a movie based on a book. In relation to three books, this paper will present how the passionate relationship Carl Jung had with Sigmund Freud eventually resulted to psychoanalysis. Movie overview In the movie Sabina Spielren is a young woman from Russia, who suffers fro m hysteria related to psychological problems. The woman had experienced a difficult past and her psychological problems link to her childhood where she had a violent father. The young woman is however, highly ambitious and intelligent and aspires to be a Doctor and a psychiatrist in the future. On arrival in Switzerland from Russia, Dr. Carl Jung based in a Zurich hospital takes her in and hospitalizes her (Kerr 14). Dr Jung has just started using a talking cure method of dealing with psychological problems, designed by Dr Sigmund Freud. He decides to use it on Sabina. Freud becomes Jung’s mentor, and they develop a father-son relationship. Freud is proud of Jung and sees him as a likely successor of his work. With time as Dr Jung talks to Sabina, he discovers that her condition associates with her childhood experiences with her father. As a child, she felt humiliated and sexual aroused when her short-tempered father took off all her clothes and spanked her. Her mother was al so unfaithful to her father, and she felt her father’s abuse was a way to release her anger (Freud 25). The knowledge that she did not deserve such a punishment, together with the abuse that humiliated her, worsened her condition. Doctor Jung also discovers that Sabina comes from an affluent Jewish family in Russia, which managed to educate her well. Sabina has ambitions to study medicine and become a psychiatric doctor. The head of hospital together with Dr Jung recognize her intelligence, and allow her to use their equipments to learn. She assists them in experiments on psychoanalysis and learns a lot about psychological problems (Kerr 32). As Sabina’s awareness becomes sharp, Dr Jung finds a liking for her and sees her as a kind person who has a unique perspective in life. The two get attracted to each other, and as the attraction grows, Dr Jung finds it difficult to resist the idea of having an affair with a patient. He also sees it as breaking of medical taboos, w hich condemn the act of having sex with a patient. Dr. Jung is a married to an aristocratic wife, Emmah Jung, and he is guilty but devoted to her at the same time. Eventually they fall in love and Sabina loses her virginity to Dr Jung. In their affair, Jung starts the habit of spanking Sabina. They become so close to each other, and Dr Jung becomes an advisor to her dissertation. As time goes by, Dr. Jung and Dr. Freud disagree and become rivals. Dr. Jung’s comments that the talking cure can only detect the psychological problem and not cure it, fuels this rivalry. Dr Jung names the method psychoanalysis, but Freud thinks that using O to make it psychoanalysis is better (Kerr 64). Finally, Dr Jung attempts to break off from the relationship and decides to revert it to the

Public Safety and Privacy Analysis Essay Example | Topics and Well Written Essays - 1500 words - 1

Public Safety and Privacy Analysis - Essay Example Back in the 1970's the Supreme Court tackled in the case of Roe v. Wade the issues of pregnancy and even abortion as private matters (Chaiten, 2004). Today, however, the shift is on making the aspects of private realm as pertinent concerns of the state, especially when it comes to the issue of public safety. In the case of People v. Samson, the court ruled upon the rights of a parolee. The facts of the case focus on the encounter between the parolee and a police officer. It was September 6, 2002 police officer Alex Rohleder, while patrolling, saw and recognized the parolee Donald Curtis Samson whom he heard from his colleagues as having 'a parolee at large warrant.' Rohleder approached and inquired. Samson declared that he was then 'in good standing with his parole agent.' All the same, police officer Rohleder decided to conduct a search and justified the said search by claiming that as a parolee, there is a need to make sure that Samson obeys the laws and rules. It is a mere privilege that Samson has been set out of prison and he will be discharged Samson if he has 'nothing illegal.' There is actually a condition on Samson's parole that grants any officer the right to search at any time whether or not there is a warrant. This is a valid condition and it is implemented to all parolees i n the State of California. The police officer found cigarette box and discovered a plastic bag with methamphetamine. Samson was arrested. Samson filed a motion to suppress evidence, but this was denied. He was convicted and sentenced to imprisonment. He appealed before the Court of Appeals which affirmed the validity of the parole search. Analysis There are some situations and events that people undergo at present that are claimed to justify the interference of the state into what used to be purely private matters. This can be attributed to the onset of globalization and the too many changes it has brought to the society. It is a fact that most of the crimes committed today are those that goes beyond what the public can right away see. Some people are molested, harmed and harassed, even if there is no physical contact because of the internet and computer technology. Also, the terrorism that the whole world was able to witness in September 11, 2001 has left many people constantly paranoid of their safety in the public and in their homes. Evidently, these events called for the sudden reshaping of state laws and policies. These also prompted the need to shift paradigms and for the state to pry into the private realm to reveal any bad intent that may cause damage to the public. To many people, the question still remains. Who shall delineate the line on what remains private and what is public when the need arises Who shall say that the government can intervene in most private decisions an individual or household shall make (Chaiten, 2004) How shall every private individual be assured that the rule of law will constantly be implemented and that the inquiry into the public realm is justified This cannot go unresolved as people have witnessed how tendency to abuses and prejudices can harm a small number of people out there. The State is inviolable. Its general principles lie in serving the people that constitute it. Yet, it remains as a mere legal concept. Its

Human Resource Development studies Essay Example | Topics and Well Written Essays - 2500 words

Human Resource Development studies - Essay Example Hard skills are also known as technical/administrative skills that are necessary for an organizations success and overall operations. Hard skills are required for machine operators, computer administrators, safety officers and even financial procedures. Hard skills are easy to quantify, observe and even measure in an individual; moreover, they are attained through training and apprenticeship as opposed to soft skills which are acquired through life exposures and experiences (Wellington, 2005). Hard skills are easy to learn and acquire as they are physical skills that has no elementary background at the brains cell level. Soft skills are learnt as we grow, interact, do mistakes and get exposed to different life and work situations. Once incorporated and integrated into ourselves, soft skills cannot be replaced. This is because the brain cannot simply delete the behaviours and skills that we may feel are unnecessary. Acquiring these skills can also present a challenge once an individua l has grown and become so adept to his old practices. Human resource experts and managers have shifted their focus to soft skills as opposed to hard skills. This has resulted into a wide array of situations for the society, the employees and the employers. In this paper, the analysis of the impacts that this focus has created will be evaluated and critically discussed. Prominence will be given to the advantage of this new approach especially to the domestic and international human resource management and labour issues (Schulz, 2008). Impacts of emphasis on soft skills The increased demand for more employees with both the technical and hard skills has been attributed to the recent happenings in the business world. Competition has reached the highest level and organisations are striving to outdo each other in their innovativeness and good public relations. The growth in multinational companies and globalisation has also created another frontier for competition. The international marke t is more averse with technology and seeks quality and value in the services and products they seek to buy. All these have prompted human resource managers to develop new ways of promoting, recruiting and assigning responsibilities to their employees (Wellington, 2005). Technology intense projects have proved to have high failure rate when compared to projects that integrate the soft skills of the employees. Failure in any project that the organisation has invested a lot of resources, time and staff reduces the company’s competitive advantage and position in the market. This calls for individuals who can fuse both the hard skills that they posses to their soft skills to make them more viable and productive. The increasing competition in the job market and the increase in the number of fresh graduates and technical expertise have made it quite difficult to choose the best individual to engage (Riley, 2006). In an economy where the applicants have the same training, university academic staff and same graduate degrees, a new approach on how to choose new employees should be adopted. Human resource managers have in the recent past, resorted to sorting out the best employees based on soft skills as opposed to the hard skills. As all graduates will have the same technical skills,

orld Trade Organization Essay Example for Free

orld Trade Organization Essay On November 30, 1999, major governments met at a World Trade Organization (WTO), ministerial meeting at the Washington State Convention and Trade Center in Seattle, Washington. During this meeting an enormous public protest took place in the streets of Seattle. The protestors were representing human rights groups, students, environmental groups, religious leaders, labor rights activists and members of numerous other groups. The groups were not only from the United States, but had come from all over the world. All of these people were peacefully protesting the practices of the WTO in the name of free trade. The protestors stated that the WTO upheld trade practices that allowed child labor, low wages and environmental destruction. The WTO justified these practices in the name of free trade. Tens of thousands of people were in Seattle to protest peacefully, and the protests did start peacefully, but they did not end that way. A small number of anarchist groups were in Seattle to cause civil disobedience and acts of vandalism and property damage. These groups conducted deliberate acts of vandalism on corporate offices in Seattle. The Seattle Police Department did not have the number of officers, even with help from other departments, to handle the number of protestors. The officers used pepper spray, tear gas, stun grenades and eventually rubber bullets to try to unblock congested city streets. Some of the anarchists fought back by breaking windows and vandalizing storefronts. Dumpsters were pushed out into intersections and they were lit on fire and tires on police cars were deflated. The National Guard was finally called in, but did not get to Seattle until the next morning. Once the WTO packed up and went home, the protestors packed up and went on their way. When the meeting finished, businesses had suffered millions of dollars in damage and lost sales, over 500 people were arrested. No deaths were attributed to the protest and no one was seriously injured. There was controversy over city response and the Seattle police chief resigned. The anarchist protestors felt the protest was a success. Before the Seattle Protest, there was almost no mention of anti-globalization in the U. S. media but the protest had forced the media to report on why anyone would oppose the WTO. Good or bad, the message of the protestors was broadcast to the world.

Men and Nursing :: Nursing Essays

Nursing is a profession that I have always been fascinated with. Nursing is defined as "health promotion, health maintenance, health restoration and providing care to the sick and dying" (Kozier and Erb). There are five values essential to nursing, which include altruism, autonomy, human dignity, integrity and social justice (AACN). Nursing is a profession in which the nurse uses caring as a central concept. Some other characteristics of the nursing profession include art, science, advocacy, and offering holistic care. Nurses use critical thinking in order to problem solve because every patient is unique. The nursing process when assessing a patient includes, data collection, analysis, planning, implementing, and evaluation. Nurses need to be able to deal with change in stressful, fast paced, hectic environments. The treatments and technology is constantly changing therefore nurses need to be able to make quick and important decisions. When people think of a nurse they normally come to the conclusion that most nurses are women. I would have thought the same, due to the qualities I have mentioned. I would like to research why men are entering the nursing profession. I feel that a male would join the profession because of the hours a nurse works. Men who like to fish and hunt can work as a nurse three days a week full time and have four days to enjoy leisure activities. The nursing profession is drawing more men into the field and usually thought for the same reasons as women. By a series of an observation, a survey, an interview, and a personal history, I will prove that men join the nursing profession because of money. In the observation I sat in a waiting area of a cardiology floor in a hospital. I noted the nurses â€Å"running around like chickens with their heads cut off,† as patients were coming back from cardiac procedures such as a cardiac catherization. The floor nurses were mostly women and only a few men filled the hallways. The stress on the floor was high; you could just feel the tension building as the floor became full with patients. In the observation I was looking for how many male nurses were working and what there reaction was to the stress.

Computer Crime :: essays research papers fc

Computer Crime: Prevention and Innovation Since the introduction of computers to our society, and in the early 80 ¡Ã‚ ¦s the Internet, the world has never been the same. Suddenly our physical world got smaller and the electronic world set its foundations for an endless electronic reality. As we approach the year 2000, the turn of the millenium, humanity has already well established itself into the  ¡Ã‚ §Information Age. ¡Ã‚ ¨ So much in fact that as a nation we find our selves out of a service economy and into an information based economy. In a matter of only a few years almost all systems are run buy computers in some way, shape, or form. We depend on them for everything. Even the smallest malfunction or glitch in a system could now cause unfathomable amounts of trouble in everything from riding the bus, having access to your money, to getting your prescription at the pharmacists. Furthermore, Icove suggested that with the price of home computers that work faster and store more memory going down every year due to comp etition in the market, it is estimated that by the year 2011 most every American home will have a PC with instant access to the Internet. With an increase in users everyday and new businesses taking advantage of perks of an alternate electronic world, this information dimension will only get bigger, more elaborate, provide more services, and we will find society as a whole more and more dependent on it. However, even in an artificial environment such as the cyberspace, it appears mankind cannot escape from its somewhat overwhelming natural attraction to wrongful behavior or criminal tendencies. In turn this alternative dimension has been infected with the same criminal behavior that plagues our physical reality. The information age has opened the doors to anti social, smart, and opportunistic people to find new and innovative ways to commit old crimes. These people are called hackers. What is the social Problem? Computer crime is the official name given to this criminal phenomenon driven by hackers. Although a solid definition of computer crime has yet to be agreed upon by scholars, it is described in a functional manner encompassing old crimes such as forgery, theft, mischief, fraud, manipulation or altering of documents; all of which are usually subject to criminal sanctions everywhere. Also included in the description or computer crime is the unauthorized invasion or trespass of data base systems of private companies or government agencies.

Human Service Profession- Mental Health Counselor Essay

Counseling has a major emphasis on prevention. Mental health counselors work with individuals and groups to promote optimum mental and emotional health. Counselors may help individuals deal with issues associated with addictions, substance abuse, family, parenting, marital problems, stress management, self-esteem and aging. Mental health counseling brings a unique approach to the mental health care professions. People who receive such counsel are labeled unhealthy, wrong or ill (Smith, Robinson, 1995, p. 158). The goals of a mental health counselor are based on specific principles. The basic principles are responsibility, autonomy, client and consultee welfare, mis-representation, consultant-consultee relationship and confidentiality. Counselors believe in the basic human need and the potential for emotional and intellectual growth of their client system and consultee. In order to better the client and the society, the counselor will perform functions committed to increasing the unde rstanding of the clients self and others (Fanibanda, 1976, p. 547). Responsibility is a principle consisting of a degree of responsibility that the consultant has for the client. Consultation can be a blending of professions such as consultant-teacher, consultant-policeman, or consultant-welfare worker just to name a few. The consultant must take responsibility for their own behavior. With strict compliance a consultant must not give advice to a client because they will be held responsible. Autonomy is a principle that gives the independence or freedom to a client, dropping his or her dependency on the counselor. This will allow the consultant, and other professions to perform their jobs more efficiently (Fanibanda, 1976, p. 548). Client and consultee welfare principle must acquire balance. If the client and consultee result in any difficulties the consultee may revoke his practice with the client. Remuneration is the question of payment between the counselor and client. This standard will safeguard the best interest for the client and counselor. The consultant and the consultee relationship is a well excepted concept in the cousultation practice. It is often difficult to slip into a therapist role, but the counselor must maintain a professional role of his specialty. Such a relationship on a personal note, could destroy the goal of helping the client. Confidentiality is another principle counselor’s use. Confidentiality agreement upon the counselor and client is specific information that cannot be shared with any other parties, unless a written agreement is signed upon. It is in the process of building trust between the client and the consultee to safeguard any information between any other parties (Fanibanda, 1976, p. 550-552). Mental illness effects a wide array of the population. The population consists for different races, sex, social class, and criminals that are effected by mental disabilities. Social class is one of the most common characteristics of the mentally ill. The social lower class is linked to more serious cases for the development of the mentally ill (Fox, 1990, p. 344). Mental illness is the primary cause for the homelessness. It is estimated between 72 and 82 percent of the homeless are mentally unstable, based on an Australian study (Johnson, 2011, p. 29-30). Presently it is whether minority groups are disproportionately represented among the mentally ill, but minority groups such as African American and the Latino population appear not to suffer from this as much as the Caucasian population. This is a surprising fact due to that more minorities are exposed to more risk factors. Minorities tend to be relatively poor, and lack resources to prevent social and vocational disability and to promote long term recovery (Snowden, 1997, p.236). The criminal population is another amongst the mentally ill. People with a mental illness are three times more likely to become incarcerated than be admitted to a psychiatric facility. Correctional institutions have become the largest providers of mental health treatment in the United States. Statistics show that 14.5% of male and 31 % of female inmates have a mental illness. Mental disorders can arrange from schizophrenia spectrum disorder, schizoaffective disorder, schizophrenic form disorder, brief psychotic disorder, delusional disorder, psychotic disorder, bipolar disorder, major depressive disorder and depressive disorder (Gross, 2013, p. 175). Counseling is not only received by the mentally ill, it is also received by people dealing with stress. It can be stress of a new job, relationships, family, finances, and addictions just to name a few. Many people that even consider themselves normal and stressed receive counseling. Many of these people seek counseling because it has a high effect on health. Health problems such as chronic heart disease, depression, and psychomatic illness (Brown, Brooks, 1985, p. 860). Mental health counseling is a treatment on its own, while other forms of mental disorders can be treated with medication. Mental health counselors are readily available for face to face treatment or even over the web. Over the web counseling is often easier for clients because of travel needs. Many would argue that e-counseling is not as efficient as face to face, but 90% of clients that have used e-therapy said it worked (Alleman, 2002, p. 199). As stated before counselors try to provide prevention with clients. Prevention means the confronting and lightening the major cause of mental disturbance. In the mental health field, demands for examination of moral and scientific beliefs and begin to take action for change. One on one treatment even if successful, is not considered prevention. Public health teaches that no mass disease or disorder has ever been controlled or eliminated by individual treatment or an increasing number of therapists. However for individual therapy it is proven to lower individual emotional disorders. Treating clients and preventing emotional disorders are done reducing or eliminating the noxious agent, strengthening the resistance of the host, and preventing the transmission of the noxious agent to the host. The principle of the noxious agent is str ess. All stress that leads to an emotional disorder is unwanted (Albee, 2013, p.37-40).

Paradigm Analysis: Animal Lover (And Animal Rights) Essay

The word paradigm originates from the Greek word paradeigma, which simply means an example serving as a pattern or model. Paradigm reflects some concepts, values, or some ways of doing something commonly or habitually. It is also a way of viewing (Webster’s 1998) reality for the community. Human species is endowed with emotions that make it easier for him to express bonding with some non-human kind. This binding seems to be spontaneous or natural. Children display this act more deeply than many intellectually and emotionally mature people do. These people are called animal lovers. In the absence of human affection, animal lovers show more love for their animals or pets. Their love for animals intensifies due to some ethical paradigm they uphold or embrace in connection with their respect for natural creations like nature and environment. Alternatively, one’s love for animal obligates him to become a vegetarian. This attitude is more than rewarding as many pets or animals return a great deal of affection to them. Due to this love for animals, either domestic or wild, some political, social, or scientific movements have sprung up. Animal lovers, breaking new grounds as advocates, want to protect the natural resources of both plants and animals including their habitats. The task seems to be gigantic as it covers a wider expanse of the earth, namely, water, soil, forestry, fisheries, wilderness, to name just a few spots. The aim of nature conservation movement, however, is expressly for continued sustainability for human use. Child-like fetish This love for animal exists because of the existence of a child-like faith among animal lovers. â€Å"Animals never commit sins,† and â€Å"All animals are bound to heaven† are just a few child-like beliefs that exist among adults. Such beliefs and the likes, though seemingly simple move people towards living compassionately. Therefore, just as my 10-year old daughter puts it, â€Å"Animals are never sinners, so they are freed from sins already. † As an animal lover or human being, we only â€Å"see† the attributes of animals through the interpretation of our mind, our understanding. Animal lovers say that their companion animals have intelligence, better skills, and even have better moral than most humans have. This is so because animals express strongly the attributes of love and loyalty. There is an organization (PAL 2008) that really brings people and animals together with the hope of brightening the lives of the sick, the lonely, and some at-risk youths. Other animal attributes like unselfishness, friendship, foresight, emotions, body language are likewise exhibited by animals especially the domesticated ones. Animal lovers even believe that animals have spirit since physical matter is immobile without the benefit of the unseen spirit. Human-animal interaction Undeniably, a special pattern of mutual interaction exists between human and animals, which is treated as special symbiosis. This human-animal interaction happens where animals are there: pet stores, circus, stables, and the likes. The assumption that creation is purely good has a contradiction that sometimes surfaces regarding animal roles in society. As society creates the images of having â€Å"good† and â€Å"bad† animals, it polarizes animals accordingly into bad or good ranking. Bad animals have been associated with demons, freaks, worms, and the likes. The good ones, on the other hand, are sided with pets and instruments and sometimes patronized like children. With the role of animals in society as subordinate, one author of human-animal relationship has inferred some conclusions that license society to dehumanize some minor members including children, women, blacks, and the elderly among others. Not all animal lovers are vegetarians, which becomes an issue when it comes to the ethics of meat eating. An invisible, sometimes inviolable â€Å"rules† exist on which animal are ideal to eat and which are forbidden by society. In fact, eating animal flesh is surrounded by confusing inconsistencies affecting people individually or globally. Hypocrisy and flesh eating In reality, people have to eat meat while they keep saying that they are not willing to face the fact that their meats come from four-legged creatures that had to be killed to satisfy their appetite. This shows hypocrisy and expresses disregard to animals. In fact, nobody wants to see the slaughtered animals reduced in sizes before finally wrapped in food-grade plastic bound for grocery chains. As more and more consumer meats are produced, more and more animals suffer unduly, even dying before reaching the slaughterhouses. This is so because meat or egg animals are similarly treated as objects or commercial commodities that do not suffer. When someone is strongly attached to their pets like cats or dogs, it is disgusting to think that other people with different cultural backgrounds eat these sorts of animals they adore. Let alone touring cats-dogs-rats eateries in foreign countries. One’s reaction would be violent repulsion, even considering them as cannibals. Because dogs and cats are considered attractive or cute, people in general do not kill or eat them. Not only cats and dogs, people also want to spare other similarly cute or attractive animals such as rabbits, deer, and horses among others. Although rabbits are considered as pet, others raise them on farms as food. Horses in the stable, on the table And how about eating horses? Americans as well as people from various backgrounds become completely emotional if not confused or nervously excited when it comes to this subject. The fact that thousands of unwanted horses are channeled to slaughterhouses yearly as export meat alerts concerned Americans to stop the practice and make it illicit. Animal lovers have long noticed the inhumane treatment that horses undergo on way to or at the slaughterhouse. Moreover, this bothers Americans so much since horses have molded significantly the history as well as the paradigmatic culture of the United States. Besides, horses in the US are regarded as non-food and sports entity and therefore need some sorts of protection. One sensible reaction of people who love animal to the above-mentioned plight is for them to become vegetarians. On the other hand, they may seek alternative means by their own design without resorting to having vegan diet. The fact is that, just what I mentioned before, the multitude keep silent in every suffering of meat animals reared in compact farms since they are tasty and good for the appetite. The point that I am driving here is that we should not make mentally an artificial boundary regarding our choices on which animals should be spared and which ones should be eaten based only on shallow emotional confidence. Nevertheless, out of respect, we recognize that every one of us has varying food eating beliefs that one is powerless to change. Equal rights for animals? Many Americans think that animals should be protected; even some think that they should be given equal rights as humans. Two animal moral theorists, namely Peter Singer and Tom Regan defend the rights of animal with their formed concepts. Singer sets his defense basing on the concept of utilitarian moral model and on equality. Singer, however, is more concerned with the proper treatment of animals than assigning rights to them. As an advocate of animal rights, Singer forwarded some ethical rights recommendations that mark or fix the limits of legal protection of both man and animal. Basing animal rights on the so-called marginal factors cannot serve as the only basis for having rights. Given that the normal paradigmatic men possess the capabilities of, or have human-like reasoning and emotional features, humans falling out of this paradigm dubbed as marginal men lack these attributes. Such marginality includes babies, young children, and the senile among others. If the normal paradigmatic men are endowed with certain rights due to their being rational, it follows then that the marginal men mentioned above cannot have rights basing on the rationality factor. Since the marginal theory fails to establish rights for all humans including the marginal cases, Singer and Regan have introduced further new moral theories that include rights and protection for some animals. Changing old concepts With such limitation and incompleteness of Singer’s traditional theories as bases for animal rights, Regan, on the other hand, introduced a complementary concept called â€Å"inherent† or natural value as a basis of rights. This natural value is not of rationality or of some other forms of quality since it is not earned and therefore, it cannot be lost or gained. This value is equal to all says Regan, whether one is considered as holy or criminal. Inherent value would give the best position to give reasons for one’s belief like human slavery is despised and eating new born is not right. Consequently, Regan’s moral theory gives both the normal paradigmatic men and the marginal men the same natural or inherent value. This value extends to animals, which gives them rights. Regan’s inherent theory has been confronted when asked on how to determine who has this value. He says that organisms with inherent value are those that posses the condition of being a subject of life. This means one has the ability to act, has a memory, has foresight, has goals, etc. Even those that are not a subject of life could also have inherent value like the comatose. It is surprising, however, on the point that irrational thing as plants could have inherent value though not a subject of life. Regan’s concept is an incomplete one and I feel likely that it is invalid since it cannot blend with reality, which makes the theory inconsistent vis-a-vis the true meaning of value. In a society, rights are vital and necessary for orderly survival. Based on social meaning, an animal having rights and protection is not justified as some people think. In the legal context, however, a legal sanction could be given to individuals who maltreat their own animals. In the proper perspective, moral co-existence with animal and legal relationship must be properly defined and established, since the two concepts could give some confusing variances. In an assessment of public opinion, some 71% of sampled representatives believe that animals need some form of legal protection, About 25 % of them, on the other hand, expressed that animals should be given the same rights enjoyed by humans. The remaining 3% think otherwise (Klein 2004). The theory of rights that concerns animals, however, is with confusion torn between animal welfare and the ideal basis of rights. Paradigm shift and spirituality What needed perhaps is a paradigm shift towards spirituality. We should not only show mercy to our kind but also kindness to al living creature. Both man and animal exhibit physical sensibilities and instinct. Nevertheless, man forgets this and he becomes cruel to animals. Sensibility in animals is the same as sensibility in men. Personally, I have the opinion that cruelty to animals inflicts more pain than cruelty to man. Animals cannot speak, nor show their suffering, not even representing themselves to government authorities. Animals harmed many times cannot seek justice or retaliate. It is my pleasure that the Office of the National Institute of Health (NIH 2008) is against the use of nonhumans for biomedical research regardless of the resulting benefits to man. With this view, I feel that we should demonstrate a high degree of consideration and kindness towards these creatures, perhaps more than that of man. Thousands of them need good home and giving just one pet a chance is a kind act (Animal Lovers Assistance League 2008). Teaching our children from infancy to be exceedingly kind to animals is a good sign of having spiritual value. As man commits more sins, animals remain innocent, which reminds us that one must give more kindness to the innocent. An exception, however, exists. One should not show mercy or kindness to ferocious animals since giving a mad animal an opportunity is tantamount to the destruction of thousand humans and animals. Simply said, sympathy to the beast renders cruelty or injustice to peaceful, blessed animals. Works Cited Animal Lovers Assistance League. 2008.

Lifting the Coporate Veil

LIFTING THE CORPORATE VEIL (i) Introduction (ii) Principles of Corporate Personality (iii)Statutory Exceptions (iv)Common Law and the Mere Facade Test (v) Agency and Groups (vi)Conclusions INTRODUCTION 1. When a creditor discovers that a debtor company is insolvent, the creditor will frequently want to recover the debt from a shareholder, director or associate of the insolvent company. There exist various statutory and common law mechanisms by which the corporate veil can be lifted and liability imposed on individuals or other companies.This lecture sets outs and discusses those mechanisms in the light of recent authorities and of the Companies Act 2006. PRINCIPLES OF CORPORATE PERSONALITY 2. One of the fundamental principles of company law is that a company has personality that is distinct from that of its shareholders. This rule was laid down by the House of Lords in Salomon v. Salomon & Co1, in which it was held that even if one individual held almost all the shares and debentures in a company, and if the remaining shares were held on trust for him, the company is not to be regarded as a mere shadow of that individual.Lord MacNaughten stated2: â€Å"The company is at law a different person altogether from the subscribers to the Memorandum and, although it may be that after incorporation the business is precisely the same as it was before, and the same persons are managers, and the 1 [1897] A. C. 22 2 Ibid, at p. 51 2 same hands receive the profits, the company is not in law the agent of the subscribers or the trustee for them. Nor are subscribers as members liable, in any shape or form, except to the extent and in the manner provided by theAct3. † The rule in Salomon lies at the heart of corporate personality, and is the principal difference between companies and partnerships. However, there are situations in which the courts look beyond that personality to the members or directors of the company: in doing so they are said to lift or pierce the corpor ate veil. There is no single basis on which the veil may be lifted, rather the cases fall into several loose categories, which are examined below. STATUTORY EXCEPTIONS 3.There are certain statutory exceptions to the rule in Salomon which involve a director being made liable for debts of the company because of breach of the companies or insolvency legislation. Eg: (a) Failure to obtain a trading certificate 4. Where a public company fails to obtain a trading certificate in addition to its certificate of incorporation before trading, the directors will be liable to the other parties in any transactions entered into by the company to indemnify them against any loss or damage suffered as a result of the company’s failure to comply with its obligations.This provision Companies Act 1985, s. 117(8) has been retained in the 2006 Act. See CA2006 s767(3). (b) Failure to use Company’s name 5. Section 349(4) of the CA 1985 provided that if an officer of a company or a person actin g on its behalf signs a bill of exchange, cheque or similar instrument on behalf of the company, in which the company’s name is not mentioned4, that person will be personally liable to the holder of the instrument in question for the amount of it (unless it is duly 3 i. e. Companies Act 1862 4 Thus contravening s. 349 (1)(c) of CA 1985 3 aid by the company). However, although CA2006 s. 84 imposes criminal penalties for failure to use the company name on relevant documents, there is currently no equivalent provision in the 2006 Act imposing such a personal liability. (c) Disqualified Directors 6. Under s. 15 of the Company Directors Disqualification Act 1986, if a person who has been disqualified from being a director of, or involved in the management of a company acts in contravention of his disqualification he will be liable for all those debts of the company which were incurred when he was so acting.The same applies to a person who knowingly acts on the instructions of a di squalified person or an undischarged bankrupt. (d) Just and Equitable Winding Up 7. Under s. 122(1)(g) of the Insolvency Act 1986 a petition may be presented to wind up a company on the grounds that it would be just and equitable to do so. This may involve lifting the veil of incorporation, for example to examine the basis on which the company was formed5. (e) Fraudulent Trading 8.Section 213 of the Insolvency Act 1986 deals with fraudulent trading. Under that section, if it appears to the court that â€Å"any business of the company has been carried on with intent to defraud creditors of the company or of any other person, or for any fraudulent purpose†, it may order that â€Å"any persons who were knowingly parties to the carrying on of the business in the manner above-mentioned are to be liable to make contributions (if any) to the company’s assets as the court thinks proper†. (f) Wrongful Trading 9.Section 214 of the Insolvency Act 1986 concerns wrongful tra ding, and enables the court to make a declaration, when a company has become gone into insolvent liquidation, that a former director is liable to make a contribution to the company’s assets. Such a declaration can be made where the director in question knew or ought to have concluded, 5 E. g. Ebrahimi v. Westbourne Galleries [1973] AC 360. 4 at some point before the commencement of the company’s liquidation, that there was no reasonable prospect that the company would avoid going into insolvent litigation. By s. 214(7), the provisions of s. 214 also apply to hadow directors. (g) Phoenix Companies 10. The Insolvency Act 1986 also allows the court to lift the corporate veil in cases of socalled â€Å"Phoenix Companies†, in which a new company is created with the same or a similar name to an insolvent company. S. 216 of the Act makes it an offence for anyone who was a director of the insolvent company during the 12 months before liquidation to be associated with a company with the same name as the insolvent company or a name so similar as to suggest an association6. S. 217 provides that where a person is involved in the management of a company in contravention of s. 16, or where he acts, or is willing to act, on instructions given by a person whom he knows to be in contravention of that section, he is himself jointly and severally liable with the company for all the relevant debts of that company. (h) Unfair Prejudice 11. The Courts’ powers under s. 459 of the 1985 Act (the provisions of which are duplicated in s. 994 of the 2006 Act) apply where â€Å"the company’s affairs are being or have been conducted in a manner which is unfairly prejudicial to the interests of its members generally or of some part of its members (including at least himself). The general proposition that the conduct of a parent company in control of a subsidiary can be relevant where a s. 459 petition is presented by shareholders of a subsidiary is unsurp rising7. It has also been held by the Court of Appeal8 that directors’ unfairly prejudicial conduct of a subsidiary may be actionable by shareholders of the parent under s. 459 if the parent and subsidiary have directors in common. (i) Third Party Costs Orders 6 Unless that person is given leave by the court so to act: s. 216 (3) 7 see Nicholas v Soundcraft [1993] BCLC 360 Citybranch Ltd v Rackind [2004] EWCA Civ 815 5 12. The court has jurisdiction to make a costs order against a party to the proceedings in favour of a non-party (including the directors or shareholders of a litigant company) by virtue of s. 51 Supreme Court Act 1981 and CPR 48. 2. This has recently been applied by the Court of Appeal in the case of Alan Phillips Associates Ltd v Terence Edward Dowling9. A contract was accepted by a company on headed paper almost identical to that of a business run by Mr Phillips prior to incorporation.Mr Phillips wrongly issued proceedings in his own name and the company was then substituted as Claimant. The company’s claim was dismissed and a third party costs order was made against Mr Phillips. 13. More typical circumstances for a third party costs order arose in Goodwood Recoveries Ltd v Breen10 which held that where a non-party director could be described as the â€Å"real party† seeking his own benefit and controlling and/or funding the litigation, then even where he had acted in good faith or without any impropriety justice might demand that he be liable in costs. 4. Similarly in CIBC Mellon Trust Co v Stolzenberg11 when the court held that there was no reason in principle why, if a shareholder (not being a director or other person duly authorised, appointed and legally obliged to act in the best interests of the company) funded, controlled and directed litigation by the company in order to promote or protect his own financial interest, the court should not make a costs order against him. COMMON LAW AND THE MERE FACADE TEST Engine o f Fraud 15.It has long been established that the Courts will not allow the Salomon principle to be used as an engine of fraud, or to avoid pre existing legal obligations. Probably the bestknown example of this rule is Gilford Motor Company Ltd v. Horne12, in which the Defendant had been managing director of a the Claimant company, and had entered into a 9 [2007] EWCA Civ 64 10 [2005] EWCA Civ 414 11 [2005] EWCA Civ 628 12 [1933] Ch. 935 6 covenant not to solicit customers from his employers when he ceased to be employed by them.On leaving the company’s employment, Horne formed a company to carry on a competing business, the shares in which were held by his wife and a friend, and he thereby solicited the Claimant’s customers. The Court of Appeal held that this company was a mere facade or sham to cloak his breach, and granted an injunction to enforce the covenant against both Horne and the company. 16. Similarly, in Jones v. Lipman13 the Defendant had entered into a con tract to sell property, but then sought to avoid the sale by transferring the property to a company which he controlled.Russell J held that specific performance could be ordered against the company, which he described as â€Å"the creature of the First Defendant, a device and a sham, a mask which he holds before his face in an attempt to avoid recognition by the eye of equity†14. 17. A recent example of the application of the principle is Kensington International Ltd v Congo15. The Claimant had obtained various judgments against the Republic of Congo which it sought to enforce by way of third party debt order against money payable to a company called â€Å"Sphynx† who had sold a cargo of oil.Sphynx had bought the oil from Africa Oil. Africa Oil had bought the oil from the Congolese state owned oil company (â€Å"SNPC†). Sphynx and Africa Oil were both controlled by the president and director general of SNPC. The court held that the various transactions and compa ny structures were a sham or facade and had no legal substance, and were set up with a view to defeating existing claims of creditors against the Congo. SNPC and Sphynx were simply part of the Congolese state and had no existence separate from the state.It was not necessary for there to be a divestment of assets at an undervalue to justify the court piercing the corporate veil in relation to the particular transactions. 13 [1962] 1 WLR 832 14 ibid, p. 836 15 [2005] EWHC 2684 (Comm) 7 18. It should be noted that the mere fact that there is fraudulent activity does not necessarily justify the piercing of the corporate veil. In Dadourian Group v Simms16 individuals who had fraudulently misrepresented that one of them was a mere intermediary when in fact he was a co-owner and ontroller of a contracting company was liable for deceit but the veil was not lifted so the individuals were not found liable for the company’s breach of contract to buy equipment. In this case there was no conspiracy to injure the Claimant and there had been a genuine intention that the company would buy the equipment. The now defunct â€Å"Interests of Justice Test† 19. In Creasey v. Breachwood Motors Ltd17 the facts were slightly different from those of Gilford v. Horne and Jones v. Lipman.Creasey had been the manager of a garage owned by Breachwood Welwyn Ltd (â€Å"Welwyn†), but was dismissed from his post and intended to sue for wrongful dismissal. In anticipation of his claim, and wanting to avoid having to pay him damages, the proprietors of Welwyn formed another company, named Breachwood Motors Ltd (â€Å"Motors†), and transferred the entire business of the old company to it. Creasey obtained judgment in default against Welwyn, which was then struck off of the register of companies. Creasey obtained an order substituting Motors as defendants, against which Motors appealed. Richard Southwell Q.C. , sitting as a judge of the Queen’s Bench Division, he ld that Motors could be substituted as defendants, and that the veil could be lifted because Welwyn’s assets had been deliberately transferred to Motors in full knowledge of Creasey’s claim18. Richard Southwell Q. C. specifically decided that it was right to allow the veil to be lifted as regards Motors, rather than force Creasey to apply to have Welwyn restored to the register and apply for an order that its assets be restored to it under s. 423 of the Insolvency Act 1986 (an alternative which the judge described as a â€Å"procedural minefield†). 0. In Ord & Anor v. Belhaven Pubs Ltd19 the Court of Appeal has however decided that the decision in Creasey was wrong. In Ord the defendant company had made various 16 [2006] EWHC 2973 (Ch) 17 [1992] BCC 638 18 Ibid, p. 648 B 19 [1998] BCC 607 8 misrepresentations to the claimant. By the time these came to light, the company had all but ceased trading, and had negligible assets. The claimant sought to substitute the defendant company’s holding company, and the judge at first instance followed Creasey and allowed the substitution.The Court of Appeal decided that this was incorrect, as the original company had not been a mere facade for the holding company, nor vice versa. Unlike the new company in Creasey, neither company had not been created as a sham to avoid some liability, there had been no element of asset stripping and so the veil should not be lifted. Hobhouse LJ, giving the judgment of the court, stated: â€Å"There may have been elements in that case [i. e. Creasey] of asset stripping. I do not so read the report of [Richard Southwell QC’s] judgment†¦ But it seems to me to be inescapable that the case in Creasey v.Breachwood as it appears to the court cannot be sustained. It represents a wrong adoption of the principle of piercing the corporate veil and an issue of the power granted by the rules to substitute one party for the other following death or succession. The refore in my judgment the case of Creasey v. Breachwood should no longer be treated as authoritative. †20 The Current State of the Law 21. The courts are now increasingly reluctant to lift the veil in the absence of a sham. In particular, it is clear that the veil will not be lifted simply because it would be in the interests of justice.In Adams v. Cape Industries plc21 the Court of Appeal was unequivocal on this point. Slade LJ said22: â€Å"Save in cases which turn on the wording of particular statutes or contracts, the court is not free to disregard the principle of Salomon v. Salomon & Co Ltd [1897] AC 22 merely because it considers that justice so requires. Our law, for better or worse, recognises the creation of subsidiary companies, which though in one sense the creatures of their parent companies, will nevertheless under the 20 Ibid, p. 616 B 1 [1990] Ch 433 9 general law fall to be treated as separate entities with all the rights and liabilities which would normally attach to separate legal entities. † 22. That the courts are now less willing to lift the corporate veil than was once the case is also indicated by the judgment of the House of Lords in Williams v. Natural Life Health Foods Ltd23. The defendant company was effectively run by one man, a Mr Mistlin, and had given negligent advice to the claimant regarding the profitability of a franchise.On the company being wound up the claimant joined Mr Mistlin as a defendant on the basis that he had assumed personal responsibility. The House of Lords unanimously rejected the Court of Appeal’s finding that Mr Mistlin had assumed responsibility to the Claimant, holding that in order for a director to be personally liable for negligent advice given by the company, it had to be shown both that the director had assumed personal responsibility for that advice and that the claimant had reasonably relied on that assumption of responsibility.As there had been no personal dealings between Mr M istlin and the claimant, these tests were not met, and the corporate veil should remain intact24. 23. A court will also be justified in disregarding a company’s personality so as to prevent the corporate form being used as a medium through which to lawfully carry out an activity which would otherwise be a wrongdoing. In Trustor AB v.Smallbone25 the defendant Smallbone had effected the payment of considerable sums of money from Trustor AB, a company of which he was managing director, to a company called Introcom, which he controlled. Sir Andrew Morritt V-C found that Introcom was simply a vehicle for receiving the money, and that the payments were made in breach of Smallbone’s duty to Trustor. Summary judgment was ordered against Smallbone and Introcom. 24. What then is the law following the decisions in Ord and Williams?Neither case, of course, involved findings that the relevant company had been a facade. Ord should not be 22 Ibid p. 536. 23 [1998] 2 All ER 577 24 The Court of Appeal has held that the principles identified by the House of Lords in Williams are equally applicable to torts other than negligence, although this decision has been criticised: see Standard Chartered Bank v. Pakistan National Shipping Corp. (No 2) [2000] 1 Lloyd’s Rep 218 25 [2001] 1 WLR 1177 10 thought to prevent the veil being lifted in cases where there is a sham or facade.Subsequent authorities, as well as the House of Lords decisions prior to Ord26, show that the law is still that the courts will be willing to lift the veil in cases where there is a sham and that principle is still at the heart of the test to be applied. AGENCY AND GROUPS 25. Although Salomon made it clear that a company is not automatically the agent of its shareholders, in exceptional cases such a relationship can exist, and it will be a question of fact whether there is a relationship of agency in any particular case, so that it is appropriate to pierce the veil.Questions of agency most o ften arise in the context of associated or group companies, and so the two areas are here considered together. Statute 26. Companies Act 1985 ss. 227-231 (and CA 2006 s. 399 et seq) provide that groups of companies must prepare group accounts, which must comprise consolidated balance sheets and profit and loss accounts for the parent company and its subsidiary undertakings.The aim of the accounts is to give a true and fair picture of the state of the undertakings included in the consolidation as a whole, which are treated for the purposes of the accounts as an economic unit. The process naturally requires that the corporate veil be lifted in order to identify which companies form the group. The courts are also sometimes willing to treat a group of companies as a unit for other purposes, and have tended to justify the decision to pierce the veil by analogy with the legislation, or by finding that one group company was the agent of another.Case Law 27. The development of the courtsâ⠂¬â„¢ attitude to agency in a company context has tended not to produce clear rules, perhaps until recently, and so the historical case law is summarised below. The principles leading to a finding of agency were considered by Atkinson J in 26 E. g. Woolfson v. Strathclyde Regional Council [1978] SLT 159, in which Lord Keith of Kinkel stated that it was appropriate to lift the veil â€Å"only where the special circumstances exist indicating that [the company] is a mere facade concealing the true facts†. 1 Smith, Stone & Knight Ltd v. Birmingham Corporation27, in the context of whether a subsidiary company was the agent of its holding company. That was a case where agency was established and the veil lifted – the parent company had full and exclusive access to the subsidiary’s books, the subsidiary had no employees other than a manager, it occupied the parent’s premises for no consideration and the only evidence of its purportedly independent existence was its name on the stationery.Atkinson J said that the question of whether a company was carrying on its own business or its parent’s was a question of fact, and identified six questions which he considered determinative: (i) Were the profits of the subsidiary those of the parent company? (ii) Were the persons conducting the business of the subsidiary appointed by the parent company? (iii) Was the parent company the â€Å"head and brains† of the venture? (iv) Did the parent company govern the venture? v) Were the profits made by the subsidiary company made by the skill and direction of the parent company? (vi) Was the parent company in effective and constant control of the subsidiary? These questions, while still relevant, can no longer be viewed as a complete statement of the law. As will be discussed below, the trend of the authorities has been away from findings of agency unless particular circumstances dictate that such a finding should be made. 28. It is relevant to consider the purpose for which the relevant company structure was created. In Re F. G. Films) Ltd28 an American holding company set up a British subsidiary to produce a film, in order that it might be classified as a British film. The Board of Trade refused to register it as such, and the matter came to court. It was held that the British company’s participation in the making of the film was so small as to be practically negligible, and that it had been brought into existence for the sole purpose of being put forward as having made the film, and for thus enabling it to qualify as a British film, and that therefore there was a relationship of agency. 2 29. In Littlewoods Mail Order Stores Ltd v. McGregor29 Lord Denning warned that the Salomon doctrine had to be carefully watched, and said that Parliament had shown the way as regards the scrutiny of groups of companies, and that the courts should follow suit. 30. An influential case in this area was DHN Food Distributors Ltd v. Tower Hamlets London Borough Council30, which concerned compulsory purchase: one company in the group owned the freehold of premises, from which another group company traded and which it occupied as bare licensee.The Court of Appeal stressed the significance of the existence of a â€Å"single economic unit† and recognised the group as a single entity, allowing it to recover compensation, but the exact reasons behind the decision are unclear, as the members of the court were each apparently influenced by different factors. Lord Denning MR noted that the subsidiaries were wholly owned, Shaw LJ pointed out that the companies had common directors, shareholdings and interests, and Goff LJ referred to ownership and the fact that the companies had no business operations outside the group.Goff LJ also stated that not all groups would be treated in this way, and there have been cases since DHN Food Distributors in which wholly owned subsidiaries have not been identified as a unit wit h their holding companies31. 31. To further confuse the position, DHN Food Distributors was not followed by the House of Lords in the Scottish appeal of Woolfson v. Strathclyde Regional Council32, and also runs counter to many decisions of courts in Australia and New Zealand. In Industrial Equity Ltd v.Blackburn33 the High Court of Australia said that the group accounts legislation did not operate to deny the separate legal personality of the company. In Re Securitibank Ltd (No. 2)34 the New Zealand Court of Appeal considered the decision in Littlewoods Mail Order Stores and thought that the approach in that case was the wrong way around– the court considered that the Salomon principal should be the starting point 13 for any examination of a group of companies, and any departure from it should be considered carefully.In the New South Wales case of Pioneer Concrete Services v. Yelnah Pty Ltd35 Young J considered the authorities and held that the veil should only be lifted wher e there was in law or in fact a partnership between the companies, or where there was a sham or facade36. 32. The English position was again considered by the Court of Appeal in Adams v. Cape Industries plc37, in which the Claimants with default judgments obtained in Texas against a company sought to enforce those judgments against an its ultimate holding company in the United Kingdom.The Court of Appeal held that although a parent company exercised supervision and control over its subsidiary in a foreign country, the parent company was not present in that country, and did not submit to that jurisdiction, by a subsidiary which did business in its own right. In the passage quoted above, Slade LJ stated that the Salomon principle will not be disregarded simply because justice so requires, and that subsidiary companies should be considered as individuals unless special circumstances dictated otherwise.Members of a corporate group were perfectly entitled to use the corporate structure e ven if the consequence was that only lowly capitalised subsidiaries were exposed to potentially harmful asbestos claims. 33. It is suggested, therefore, that the present position is that the courts are likely to be unwilling to lift the veil as against groups of companies in the absence of some agreement of agency, and that Littlewoods Mail Order Stores and DHN Food Distributors cannot any longer be considered authoritative. CONCLUSIONS â€Å"Genuine Ultimate Purpose†- An alternative test? 4. Some shams or facades may be obvious, but many others will not. The courts are reluctant to provide precise guidelines so as to define what constitutes a sham preferring the flexibility of a case by case approach. Useful tests to be employed when trying to identify a sham are: * Are the relevant entities in common ownership? * Are the relevant entities in common control? * Was the company structure was put in place before or after a particular liability (or serious risk) arose, and if th e latter then to what extent was he liability or risk a motivating factor for those who set up the structure? * Was the company structure put in place in an attempt to allow an activity which would be unlawful if carried out personally? 35. It has been suggested by some commentators38 that a â€Å"genuine ultimate purpose† test should replace the traditional established sham or facade test. However, this novel approach may throw up as many problems as the traditional test.Further, it seems to strike at the heart of the concept of the limited liability company since a primary (and often sole) purpose of incorporation is to reduce personal exposure to trade creditors, a motive that has been held to be acceptable since the concept of the limited company first became part of the legislative framework. Parliament, when passing the Companies Act 2006, had ample opportunity to conduct a wholesale revision of this principle but deliberately left the topic well alone. There currently appears to be little judicial enthusiasm for such revision either. DOV OHRENSTEIN RADCLIFFE CHAMBERS LINCOLN’S INN