Technology Education and Students Essay Example

Technology: Education and Students Essay The Issue â€Å"Math tech improves student performance† By Queena N. Lee-Chua, Philippine Daily Inquirer, Jan. 28, 2013 The Philippines lags behind the rest of the world in mathematics and science expertise, as shown by Filipino students’ dismal scores in global tests like the 2004 Trends in International Math and Sciences Study. Technology has been touted to fix education problems. Open-source codes and open universities, PowerPoint presentations and iPads in class all make the most of technology. Courseware by Filipinos In 2011, Science Secretary Mario Montejo created a viable math courseware (presenting lessons in animation using tablets) and tested whether it could make an impact on student learning. They decided to start with Grade 1 math, and deal with topics compatible with both the existing basic education and the proposed Kindergarten to Year 12 curricula. Their courseware were meant to supplement—not replace—traditional textbooks, lessons and teachers. As they administered a pretest to two Grade 1 classes, one group supplemented lessons by using the courseware and going through the activities, with the guidance of teachers. The other, the control group, followed the traditional classroom lesson plan, without the courseware. We will write a custom essay sample on Technology: Education and Students specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Technology: Education and Students specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Technology: Education and Students specifically for you FOR ONLY $16.38 $13.9/page Hire Writer Later, they all took a posttest. The scores of the students who used the courseware soared, compared to those who did not. Statistical tests showed, it could be 95-percent confident that the increase in scores was due to the courseware. In short, the courseware was effective for practically all the students who used it. After the posttest, the control group was finally allowed to use the courseware. B. Position Statement THE ARGUMENTS SUPPORTING THE ISSUE AND THEIR EVIDENCE According to Padrnos’ master’s thesis, technology helps students — particularly minorities — conquer math. He said, â€Å"Visualizing things moving around is very helpful for kids who are not math whizzes. † Students can come up and move things around and see how everything changes. † He also said, â€Å"Because many come from households where there is no computer, basic technological literacy is often a stumbling block. Once you bridge that, technology can be a great aid. Education is really changing because of technology. † (Beth Hawkins, MINNPOST 06/02/11) According to Guillermo M. Luz, co-chairman of the National Competitiveness Council (NCC), the Philippine ranks a poor seventh among nine Southeast Asian nations in the area of education, science and technology and innovation. In the area of primary education, the Philippines ranked 99th out of 138 economies. The Philippines ranked 69th in educational system, 112th in science and math and 76th on Internet access. In all categories, the Philippines was falling behind Singapore, Brunei, Malaysia, Indonesia, Thailand and Vietnam. Because of these conditions, one of his proposals is the use of more technology in education. For instance, Luz said, instead of spending billions of pesos for textbooks that are prone to errors and entail huge printing and transport costs, public and private schools should shift to e-books that are easier to upload and update. He said shifting to e-books is more practical nowadays, with the presence of computers in schools and the connectivity being offered by private firms. (By Max V. de Leon, Business Mirror 06/15/2011) It says in Kto12 Math Conceptual Framework, â€Å"We recognized that the use of appropriate tools is needed in teaching mathematics. These include: manipulative objects, measuring devices, calculators and computers, Smartphones and tablet PCs, and the Internet. † (Kto12 Curriculum Guide – version as of January 31, 2012) Senate education committee chairman Edgardo Angara made the call at a hearing on proposed curricular reforms to the Philippine basic education system. â€Å"This issue of science and mathematics being taught at the earliest period of education is very important. If we’re going to do reforms, they have to be undertaken in the most critical areas. In this Internet-driven, information age, those areas are science, mathematics and engineering—whatever the pedagogy,† Angara said. He lamented the Philippines has been falling behind in competitiveness tables due to its lack of technological capacity. In turn, such a lack of technological capacity â€Å"goes back to our lack of a good science and math background,† he added. (TJD, GMA News) THE ARGUMENTS AGAINST THE ISSUE AND THEIR EVIDENCE For Robert Talbert, in his article â€Å"Is dependence in technology the real threat? †The threat of becoming dependent upon technology to do mathematics is only a real concern under one of two conditions. One is if the technology we use is expensive or otherwise hard to access for some learners. This can be a real problem. The other condition is when our definition of â€Å"mathematics† becomes so restricted that it includes only those tasks that can be easily farmed out to technology. According to him, â€Å"When you remove all the human elements from mathematics — modeling, problem solving, pattern-finding, written expression, and so on — and reduce the subject to nothing more than rote mechanics, of course technology poses an existential threat to the discipline. And deservedly so! Any discipline that can be replaced by software probably ought to be. † Based on the International Journal for Technology in Mathematics Education, â€Å"More than twenty years after the introduction of the first handheld graphing calculator the mathematics community appears to still be struggling with the use of technology in the teaching and learning of mathematics. One major venue for arguments against technology use in the teaching and learning of mathematics is the news magazines of professional organizations for mathematicians. These magazines are widely read in the mathematics community. An examination of the articles, opinions, and letters written for two such magazines between 2001 and 2009 reveals why some mathematicians are concerned with the use of technology in the learning and teaching of mathematics. The arguments against technology use center on three main issues: whether technology should change the focus of mathematics curriculum, whether technology use changes how students conceptualize mathematics, and whether the benefits of technology outweigh the costs. These arguments provide a revealing look at what some mathematicians fear are the negative effects of technology use on the learning of mathematics. According to Heick, on his post in Teach Thought, there are â€Å"5 Problems with Technology in Classrooms†. (1) Pace of Change. Not all schools can keep up with the rapidly changing technology. Upgrading equipment is often costly and schools may not have the manpower to handle the equipment. (2) Different Social Dynamics. An online school doesn’t offer the same social benefits of a regular school. (3) Distraction. Many teachers believe that smartphones and tablets, with internet connectivity and text messaging services, can merely be a source of distraction for students as opposed to a learning tool. (4) Technology Out-thinking the Instruction. There are also discrepancies as to how much of a support technology can be to a student. (5) Learning Innovation vs. Improved Test Performance. Teachers worry that while the technology is engaging on a creative level, the students may be missing out on basic concepts like math and language. MY POSITION ABOUT THE ISSUE: Technology in teaching Mathematics is becoming a necessity in today’s classroom. There are many math concepts that are hard for students to understand and learn. Through the use of technology, it can help students visualize those difficult concepts in Math. The animation, visual 3D effects provided by this technology will boost the interest of the students. Though it is providing an easy way for teachers to teach and students to learn, one of the disadvantages I can see in using courseware in my issue is that as the students were excited to use it, some were so enthusiastic that teachers find it difficult at times to manage the class. Another disadvantage of the use of technology is that it is not accessible to learners. The rank of our country in education is deprived because of the lack of fiscal support from our government. Based on this statistics, if we look at the financing/investment on education in the chart below, it leads us to one possible reason for our underperformance in education. There are arguments against the use of technology in the classroom though. Researchers state that bringing technology in to the classroom can make students less creative, hinder problem solving abilities, and delay cognitive development. The article by James Rosenberg entitled, â€Å"Technology in the classroom: Friend or Foe? provided arguments for and against the use of technology in the classroom. Some arguments for the use were: it prepares students for college and the workforce when technology is used at a young age, students have access to resources from around the world, and it will make students more motivated and engage them in their learning. Some arguments against the use were: students have less human interaction and this can be a problem when it comes time for interviews, it hinders teachers’ abilities to teach, and classroom discussion can be more difficult. I personally agree with both sides. I believe that limited use of technology in the classroom is beneficial, but it should not replace the teacher and the social interaction that is crucial to young students. C. Conclusion My position in the issue leads to some advantages and disadvantages of using technology in teaching mathematics. Some advantages are: (1) it will be easy for students to visualize difficult concepts in math through animated moving objects, figures, and graphs et. al. (2) it will boost their interest affected by those 3D effects, animation used in presentation of the math lesson as well as it will make them more motivated and engage themselves in learning. (3) it will be easy for teachers to teach and students to learn (4) it will prepare students for college and the workforce when technology is used at a young age. While the disadvantages are: (1) lack of resources and limited access to technologies caused by low investments on education (2) it will be difficult for teachers at times to manage the class brought by the students’ excitement in the use of modern technology. (3) Students will have less human interaction and they will become dependent on those modern tools/gadgets. There are several steps we wish to address pertaining to strategies and methods in implementing the benefits of technology in the teaching of mathematics. The first pertains to computer technology. In the Philippines, there are schools with insufficient number of computers; there are those with none at all. There is limited access to expensive mathematical software so we need to maximize the use of computers through working by station. In addition there is also the issue on the efficient use of the internet to enhance mathematics learning. We can provide students available interactive sources, free software packages like geogebra, graphmatica et. al, interactive websites like math scavenger or treasure hunts and webquests. Second, the paper will focus on the use of modern low-end handheld technology (inexpensive scientific calculator) which provides students with new opportunities for learning mathematical ideas, in addition to providing a means of undertaking mathematical computations. This technology offers Philippine teachers who have no access to expensive calculators and computers ways to teach mathematics with technology. Finally, we also look at the use of manipulatives that could serve as alternatives to unavailable technology. D. References Lee-Chua, Q. (2013, January 28). Math tech improves student performance. Philippine Daily Inquirer. Retrieved from http://newsinfo. inquirer. net/348583/math-tech-improves-student-performance De Leon, M. (2011, June 15). Philippine education ranked ‘poor’. Business Mirror. Retrieved from http://www. abs-cbnnews. om/business/06/14/11/philippine-education-ranked-poor http://reyadel. files. wordpress. com/2009/03/2004eduppp. png TGD (2012, February 21). PHL senator urges reforms in Science, Math education. GMA News Online. Retrieved from http://ph. news. yahoo. com/phl-senator-urges-reforms-science-math-education-105408104. html Virola, R. (2007, January 8). Statistics on Philippine Education: Good News and Bad News! StatsSpeak. Retrieved from http://www. nscb. gov. ph/headlines/StatsSpeak/2007/010807_rav_educ. asp Hawkins, B. (2011, June 2). In Hopkins, technology helps students conquer math. Minnpost. Retrieved from http://www. minnpost. com/learning-curve/2011/06/hopkins-technology-helps-students-conquer-math Rosenberg, J. (2012, October 26). Technology in a classroom: Friend or Foe? Huff Post Educ. Retrieved from Retrieved April 30, 2013, from http://www. huffingtonpost. com/james-rosenberg/technology-in-the-classro_2_b_2 018558. html Talbert, R. (2011, October 11). Is dependence on technology the real threat? Blognetwork. Retrieved from http://chronicle. com/blognetwork/castingoutnines/2011/10/11/is-dependence-on-technology-the-real-threat/ Smith H. Risser. (2011). What Are We Afraid of? Arguments against Teaching Mathematics with Technology in the Professional Publications of Organisations for US Mathematicians. International Journal for Technology in Mathematics Education, v18 n2 p97-101 2011. Retrieved from http://www. tech. plym. ac. uk/research/mathematics_education/field%20of%20work/ijtme/volume_18/number_two. htm#four Heick, T. (2012, July 31). 5 Problems with Technology in Classrooms. TeachThought. Retrieved from http://www. teachthought. com/learning/5-problems-with-technology-in-classrooms/ ———————– Submitted to: Prof. Edward B. Macagne Prepared by: Caberos, Rona Rachel C.

Shrimp Treadmill - How Much it Cost Taxpayers

Shrimp Treadmill - How Much it Cost Taxpayers The famous shrimp treadmill study (video), conducted by researchers at Pacific University and College of Charleston, came under scrutiny during debates over the federal deficit and wasteful spending in 2011. Yes, the shrimp treadmill research cost taxpayers more than $3 million over the course of a decade. That includes a $559,681 grant for research into Impaired Metabolism and Performance in Crustaceans Exposed to Bacteria. But dont blame Congress, as the AARP did in a major television ad buy in 2011. The decision to fund the research actually came from the National Science Foundation. Shrimp Treadmill Grilled The AARP suggested the shrimp treadmill was but one of many examples of wasteful spending in a commercial it ran in the spring and summer of 2011, as Congress debated ways to trim the nations debt. The ad read: If Congress really wants to balance the budget, they could stop spending our money on things like a cotton institute in Brazil, poetry at zoos, treadmills for shrimp. But instead of cutting waste or closing tax loopholes, next month Congress could make a deal that cuts Medicare, even Social Security. I guess its easier to cut the benefits we earned than to cut pickle technology. AARP was not the first to cast the shrimp treadmill in a harsh light, though. About the Shrimp Treadmill Study The shrimp treadmill and National Science Foundation were initially targeted as an example of pork by U.S. Sen. Tom Coburn of Oklahoma in 2011, though the research had begun years earlier. As a practicing physician and a two-time cancer survivor, I have a very personal appreciation for the benefits of scientific research, Coburn wrote in a report titled The National Science Foundation: Under the Microscope. Investing in innovation and discovery can transform and improve our lives, advance our understanding of the world, and create meaningful new jobs. He added, though: The theory in Washington all too often tends to be if you throw enough money at a problem, you can solve all our nations problems. But when Congress commits the nation to significant increases in spending, Congress owes it to the U.S. taxpayers to pay careful attention to how those dollars are being spent. Researchers developed the shrimp treadmill to test whether sickness would impair the mobility of the crustaceans. It remained unclear, however, what the practical impact of such research would be. Sick shrimp have more limited mobility, which may mean they are less likely to avoid being eaten. A decrease in performance may mean the difference between life and death, Scholnick was quoted as saying. About the National Science Foundation The National Science Foundation (NSF) is an independent federal agency created by Congress in 1950 to promote the progress of science; to advance the national health, prosperity, and welfare; to secure the national defense†¦ Under its congressional mandate, the NSF funds fundamental research and education in all fields of science and engineering. With a budget of just over $7.5 billion in fiscal year 2017, the NSF funds about a fifth of all federally supported basic research conducted at U.S. colleges and universities. NSF funding for research is distributed through grants, and cooperative agreements to more than 2,000 colleges, universities, K-12 school systems, businesses, informal science organizations and other research organizations throughout the United States. Of the more than 48,000 competitive requests for funding it receives every year, the NSF awards about 12,000 new research grants. At the time, the NSF responded to Sen. Coburns criticism of the â€Å"Shrimp on a Treadmill† study by pointing out that the projects it funds have advanced the frontiers of science and engineering, improved Americans lives and provided the foundations for countless new industries and jobs. About the National Institutes of Health As another major source of congressionally authorized research funding, the National Institutes of Health (NIH), agency of the cabinet-level U.S. Department of Health and Human Services (HHS), bills itself as nation’s medical research agency. Currently, the NIH awards nearly $32.3billion in grants annually for medical research in support of its stated mission of seeking â€Å"fundamental knowledge about the nature and behavior of living systems and the application of that knowledge to enhance health, lengthen life, and reduce illness and disability.† Almost 50,000 research studies funded by NIH grants are being conducted by over 300,000 researchers at more than 2,500 universities, medical schools, and other research institutions in every state and around the world.

Complete List of American Revolution Battles

Complete List of American Revolution Battles The battles of the American Revolution were fought as far north as Quebec and as far south as Savannah. As the war became global with the entry of France in 1778, other battles were fought overseas as the powers of Europe clashed. Beginning in 1775, these battles brought to prominence previously quiet villages such as Lexington, Germantown, Saratoga, and Yorktown, forever linking their names with the cause of American independence. Fighting during the early years of the American Revolution was generally in the North, while the war shifted south after 1779. During the war, around 25,000 Americans died (approx. 8,000 in battle), while another 25,000 were wounded. British and German losses numbered around 20,000 and 7,500 respectively. American Revolution Battles 1775 April 19 - Battles of Lexington Concord - Massachusetts April 19, 1775-March 17, 1776 - Siege of Boston - Massachusetts May 10 - Capture of Fort Ticonderoga - New York June 11-12 - Battle of Machias - Massachusetts (Maine) June 17 - Battle of Bunker Hill - Massachusetts September 17-November 3 - Siege of Fort St. Jean - Canada September 19-November 9 - Arnold Expedition - Maine/Canada December 9 - Battle of Great Bridge - Virginia December 31 - Battle of Quebec - Canada 1776 February 27 - Battle of Moores Creek Bridge - North Carolina March 3-4 - Battle of Nassau - Bahamas June 28 - Battle of Sullivans Island (Charleston) - South Carolina August 27-30 - Battle of Long Island - New York September 16 - Battle of Harlem Heights - New York October 11 - Battle of Valcour Island - New York October 28 - Battle of White Plains - New York November 16 - Battle of Fort Washington - New York December 26 - Battle of Trenton - New Jersey 1777 January 2 - Battle of the Assunpink Creek - New Jersey January 3 - Battle of Princeton - New Jersey April 27 - Battle of Ridgefield - Connecticut June 26 - Battle of Short Hills - New Jersey July 2-6 - Siege of Fort Ticonderoga - New York July 7 - Battle of Hubbardton - Vermont August 2-22 - Siege of Fort Stanwix - New York August 6 - Battle of Oriskany - New York August 16 - Battle of Bennington - New York September 3 - Battle of Coochs Bridge - Delaware September 11 - Battle of Brandywine - Pennsylvania September 19 October 7 - Battle of Saratoga - New York September 21 - Paoli Massacre - Pennsylvania September 26-November 16 - Siege of Fort Mifflin  - Pennsylvania October 4 - Battle of Germantown - Pennsylvania October 6 - Battle of Forts Clinton Montgomery - New York October 22 - Battle of Red Bank - New Jersey December 19-June 19, 1778 - Winter at Valley Forge - Pennsylvania 1778 June 28 - Battle of Monmouth - New Jersey July 3 - Battle of Wyoming (Wyoming Massacre) - Pennsylvania August 29 - Battle of Rhode Island - Rhode Island 1779 February 14 - Battle of Kettle Creek - Georgia July 16 - Battle of Stony Point - New York July 24-August 12 - Penobscot Expedition - Maine (Massachusetts) August 19 - Battle of Paulus Hook - New Jersey September 16-October 18 - Siege of Savannah - Georgia September 23 - Battle of Flamborough Head (Bonhomme Richard vs. HMS Serapis) - waters off Britain 1780 March 29-May 12 - Siege of Charleston - South Carolina May 29 - Battle of Waxhaws - South Carolina June 23 - Battle of Springfield - New Jersey August 16 - Battle of Camden - South Carolina October 7 - Battle of Kings Mountain - South Carolina 1781 January 5 - Battle of Jersey - Channel Islands January 17 - Battle of Cowpens - South Carolina March 15 - Battle of Guilford Court House - North Carolina April 25 - Battle of Hobkirks Hill - South Carolina September 5 - Battle of the Chesapeake - waters off Virginia September 6 - Battle of Groton Heights - Connecticut September 8 - Battle of Eutaw Springs - South Carolina September 28-October 19 - Battle of Yorktown - Virginia 1782 April 9-12 - Battle of the Saintes - Caribbean

Criminal and Racial Profiling Term Paper Example | Topics and Well Written Essays - 2500 words

Criminal and Racial Profiling - Term Paper Example expectation that their communities will be safe, that individuals who commit crimes will be prosecuted, that freedom of mobility within the United States and outside its borders will be safeguarded and that the federal government’s primary responsibility must always be to protect the national security of the country. These expectations are uniformly held by Americans and transcend political affiliation, socio-economic status, ethnicity or geographic location. A major legal and constitutional question concerns how we reconcile the protection of the rights of American citizens and those who legally enter the country with the public official’s duty to act in the national interest of the United States. Two current events have triggered a renewed national debate on this very issue. The first concerns the powers granted to the President and Secretary of Defense under the Patriot Act. The second issue pertains to the recently enacted law in Arizona that permits law enforcement officials to question the ethnicity and immigration status of individuals who are suspected of being in the United States illegally (SB 1070). This paper examines the issues surrounding racial and criminal personality profiling and provides a comparative analysis of the two investigative strategies. It defines both terms and examines what types of behaviors and activities constitute criminal personality and racial profiling. The paper delves into some of the complex legal, constitutional and methodological factors that are fueling the public debate on the issues. The paper concludes with a discussion of what alternatives, if any, are available to the professionals who are charged with the protection of our national security. The term profiling actually has its origins in a sub-field of mathematics. Statisticians utilize probability to apply a single observation to a general population. The profile is accurate within an acceptable level of error (Antanovics & Knight, 2009). The following

U05a1 Project Annotated Outline and Bibliography Essay - 1

U05a1 Project Annotated Outline and Bibliography - Essay Example 2. As explained by Beta – Research School for Operations Managements and logistics, â€Å"In the healthcare domain, explicit process specifications are often missing or not followed in practice. Research in process mining shows how specifications can be constructed from historic logs and conformance of practice to specifications can be analyzed. Process patterns play a role as abstract building blocks for processes, including the role of human performance aspects in process execution† (BETA). The above link is to the blog that relates to the several worker compensation articles and the article in this blog provides a clear insight into the issues that Tufts Medical Centre had been faced with for the lack of health and safety of the employees within the organization. This will form the base of the study and will bring out the basic reasons for the issue within the organization. This is an excellent article that has been provided and is one which provides excellent information and techniques for the operations management of the health care. This article also provides a clear insight into the long period of unnecessary treatment that a few patients need to go through and how the patients feel the issues due to the operational management lack in the organizations. This book provides excellent operation management and strategic implementation of the various tools and techniques that deal with the improvement of quality. The book is very effective and efficient as it provides an insight into the operations and also provides information relating to the improvement of the health care industry and the organizations. This website provides details of the organization in question and provides a clear insight into the world of Tuft Medical Center. The information from this website has been used to provide a clear understanding of the organization in focus. This forms a base for the paper and is an essential element of the

American History Since 1865 Essay Example for Free

American History Since 1865 Essay In the presidential election of 1912 there were two progressive candidates that impacted the landscape of America. Candidates Theodore Roosevelt and Woodrow Wilson were the frontrunner of the 1912 election. This election changed the country in ways that we as Americans can feel today. These two candidates spawned a progressive movement from a place where many American felt as if their government fell to help out the man on the ground doing the work. In a time when there was a big disparity between the rich and the poor throughout the country because of capitalism the President McKinley was assassinated to usher in Theodore Roosevelt. Although he became the President because he was the Vice President at the time of the assassination, Roosevelt’s charisma and his talent for public speaking made him a popular president. His ability to relate to the common man wasn’t the only thing that created favor among the masses; his policies while in office gave played a major role in his popularity. Let’s take a look at some of them. Roosevelt was a person that cared for the people, and as such when the popular book â€Å"The Jungle† by Upton Sinclair brought the countries attention to the meat and how it was packaged. The book told of the horrible unsanitary conditions that the Chicago meatpacking industry used to package their meats. The President then conducting his own investigation, after finding out that conditions were worst then what was in the book he acted quickly signed into law the Food and Drug Act. Thinking of the people and their conditions Roosevelt created what is known today as the Food and Drug Administration. This is just one of the things that President Roosevelt accomplished while in office, showing that he had the welfare of the country in mind. As President Roosevelt’s foreign policy played a major role in making America a superpower. With the creation of the Roosevelt Corollary to the Monroe Doctrine, President Roosevelt told the world that the United States would police the nations of Central America, northern South America, and the Caribbean. This wasn’t because we wanted to be nice, but it was to protect the interest of European investors and America’s economic interest (Mitchener and Weidenmier, 1941). This showed that President not only had the people’s welfare in mind but he had the financial future of the country n mind as well. During the election of 1912 there were two big Progressive Candidates that ran in this election. We covered some of the accomplishments/views of Theodore Roosevelt during his presidency before this election period, now let look at the Woodrow Wilson’s views. â€Å"I am, therefore, forced to be a progressive, if for no other reason, because we have not kept up with our changes of conditions, either in the economic field or in the political field. We have not kept up as well as other nations have. We have not kept our practices adjusted to the facts of the case, and until we do, and unless we do, the facts of the case will always have the better of the argument; because if you do not adjust your laws to the facts, so much the worse for the laws, not for the facts, because law trails along after the facts. Only that law is unsafe which runs ahead of the facts and beckons to it and makes it follow the will-o-the-wisps of imaginative projects. † (Wilson, 1913) In this statement that Wilson made he shows his feeling of why he is a progressive. Just as Roosevelt, Wilson felt as if the government was doing too much, yet not enough for people. So during the 1912 election he found himself running on a New Freedom platform where he wanted to limit federal government and fight the monopolies. He did this by addressing Tariffs, Banks and Business. He was successful in lowering tariff on such things as woolen, steel rails, raw wool, and iron ore. Now when he did this he brought back the federal income tax which hadn’t been in existence since the days of the civil war. Wilson used these federal income taxes to help run our government that he campaigned need to be limited. This federal income tax we are still paying today and we still haven’t limited government’s control over us. By addressing Banks I think that Wilson was able to help the agriculture industry and hurt the country’s finical status in the long run. With the Federal Farm loan Act farmers were able to cover the increasing cost of land. This helped the agriculture industry, but the Federal Reserve System created a system where the country was able to stabilize prices of goods in the country, and mange long term interest rates. I know you’re asking how is this a bad thing, to which I reply â€Å"Housing Market. † I think that if you owned a house or even watched the news you know that this when our system failed us. Thanks Wilson. As far as the Business Wilson was able to establish the Federal Trade Act. This Act was established to deter business from conducting unfair trade practices. The Federal Trades Act allowed its member to investigate and take action on companies who practice unfair trades. Summary In his campaign to change the Country through a New Freedom Woodrow Wilson beat out the more popular Theodore Roosevelt. The changes that Roosevelt made in office and the promises of a new and improved government did not fair that well against the promise of less government in the New Freedom that Woodrow Wilson offered during his campaign. The two Progressive Presidents stood for the betterment of the people and the removal of these giant corporations in the government. They both accomplished this in their own way, yet they did it differently.

Essays --

â€Å"Stigma is a â€Å"collection of negative attitudes, beliefs, thoughts, and behaviors that influence the individual, or general public, fear, reject, or avoid, be prejudiced, and discriminate people† (Varcarolis, 2013, p. 18). Mentally ill patients are encountered in all settings. Many of these setting are non-psychiatric in nature and are staffed by nurses that do not have extensive training or comfort in dealing with seriously mentally ill patients. Individual stigmas and attitudes that nurses have regarding mental illness can have a direct effect on the level of care given to these patients. These stigmatizing attitudes toward the mentally ill can have very harmful effects on the individual themselves and their families. The negative attitudes result in social isolation, reduced opportunities, and the lack of self worth (Varcarolis, 2013, p. 18). Nursing graduates need to understand that psychiatric patients appear everywhere, not just in psychiatric settings. Knowi ng how to properly and appropriately care for them is vital to giving the best care each patient deserves. The challenges of social stigmas about mental illnesses affect graduate nurses in developing a therapeutic relationship, and need to adjust and implement appropriate nursing interventions. Many graduate nurses will seek jobs in traditional medical settings. Theses settings can include the emergency department, long-term care, outpatient clinics, medical-surgical inpatient floors and intensive care units. Graduate nurses must remember that they will at some point encounter a patient that is also diagnosed with a mental illness in any of these settings. It is imperative that the nurse feel competent in his or her ability to asses and treat these patients. The gradua... ...being able to deliver care. If the mentally ill patient starts to show signs of agitation or being overwhelmed, the graduate nurse may need to stop and wait to finish. The graduate nurse’s ability to rely on observations and recognize behaviors that will interfere with providing care will ensure that the nurse-patient relationship that has been established remains therapeutic and facilitates positive patient outcomes. â€Å"Approach me with an open heart and slow your energy down. Take your time.† from Jill Taylor’s book My Stroke of Insight is the best summation on how a nurse should approach providing care to a patient with a mental illness as quoted in the article Psychiatric Comorbidities in Med/Surg (Carol Boylan, 2013) . Conclusion†¦..†You don’t have to be a psych nurse to encounter patients experiencing psychiatric emergencies†. (Marlene Nadler-Moodie, 2010)

Company Law and Secretarial Practices Essay

Incorporation means the process of legally declaring a corporate entity as separate entity from its owners. Incorporation has many advantages for a business and its owners, including: Protects the owners’ assets against the company’s liabilities. Allows for easy transfer of ownership to another party. Achieves a lower tax rate than on personal income. Receives more lenient tax restrictions on loss carry forwards. Can raise capital through the sale of the stock. Incorporation involves drafting a â€Å"Memorandum of Association† and an â€Å"Articles of Association†, which lists the primary purpose of the business and its location, along with the number of shares and class of stock being issued, if any. Incorporation will also involve state-specific registration information and fees. Those procedures are undertaken by a promoter who is a person who starts up a business, particularly a corporation, including the financing. The formation of a corporation starts with an idea. Pre-incorporation activities transform this idea into an actual corporation and the promoter is the individual who carries on these activities. Usually the promoter is the main shareholder or one of the management team and receives stock for his/her efforts in organization. Without incorporation, Company Law cannot stand by itself as law amended is critically meant to protect the shareholders as well as the member of the company which is incorporated. As mentioned above, incorporation tends to protect the welfare of the business and its owners in various perspectives like intellectual property, taxation and capital shares. In other words, Company law (or the law of business associations) is the field of law concerning companies. Furthermore, there are various types of company that can be formed in different jurisdictions as shown in Malaysian Company Act 1965 Section 14(2) which are: a company limited by guarantee. Commonly used where companies are formed for non-commercial purposes, such as clubs or charities. The members guarantee the payment of certain (usually nominal) amounts if the company goes into insolvent liquidation, but they have no economic rights in relation to the company. a company limited by guarantee with a share capital. A hybrid entity, usually used where the company is formed for non-commercial purposes, but the activities of the company are partly funded by investors who expect a return. a company limited by shares. The most common form of company used for business ventures. an unlimited company either with or without a share capital. This is a hybrid company, a company similar to its limited company (Ltd.) counterpart but where the members or shareholders do not benefit from limited liability should the company ever go into formal liquidation. Meanwhile, there are thousands of company law cases that showed that incorporation is the bedrock of formation of Company Law. As such, We held out a few cases here which clearly indicated the importance of Company Law in determining the court case related to incorporation. Salomon v A Salomon and Co Ltd [1897] AC 22 Corporate separate personality Salomon conducted his business as a sole trader. He sold it to a company incorporated for the purpose called A Salomon and Co Ltd. The only members were Mr Salomon, his wife, and their five children. Each member took one  £1 share each. The company bought the business for  £39,000. Mr Salomon subscribed for 20,000 further shares. However,  £10,000 was not paid by the company, which instead issued Salomon with series of debentures and gave him a floating charge on its assets. When the company failed the company’s liquidator contended that the floating charge should not be honoured, and Salomon should be made responsible for the company’s debts. Lord Halsbury LC stated: â€Å"†¦ it seems to me impossible to dispute that once the company is legally incorporated it must be treated like any other independent person with its rights and liabilities appropriate to itself, and that the motives of those who took part in the promotion of the company are absolutely irrelevant in discussing what those rights and liabilities are.† Hickman v Kent or Romney Marsh Sheep-Breeders’ Association ‘Outsider rights’ Hickman was a member of the Kent or Romney Marsh Sheep-Breeders Association. He began a court action complaining of various irregularities in the affairs of the association. Clause 49 of the Associations constitution stated that all disputes were to handled by arbitration. The question of whether a person who is not a member of the company has rights to sue on the ‘statutory contract’ provide by what is now section 33 of the Companies Act 2006 was considered . It was held that an outsider to whom rights are purportedly given by the company’s articles in his capacity as an outsider cannot sue in that capacity, whether he is also a member of the company or not. From this case comes the fundamental concept that a company has a legal personality or identity separate from its members. A company is thus a legal ‘person’. Macaura v Northern Assurance Co Ltd [1925] AC 619 Members have no interest in a company’s property The owner of a timber estate sold all the timber to a company which was owned almost solely by him. He was the company’s largest creditor. He insured the timber against fire, but in his own name. After the timber was destroyed by fire the insurance company refused the claim. The House of Lords held that in order to have an insurable interest in property a person must have a legal or equitable interest in that property. The claim failed as â€Å"the corporator even if he holds all the shares is not the corporation†¦ neither he nor any creditor of the company has any property legal or equitable in the assets of the corporation.† In a nutshell, the effect of incorporation which is embedded in Section 16(5) â€Å"On and from the date of incorporation specified in the certificate of incorporation but subject to this Act the subscribers to the memorandum together with such other persons as may from time to time become members of the company shall be a body corporate bby the name contained in the memorandum capable forthwith of exercising all the functions of an incorporated company and of suing and being sued and having perpetual succession and a common seal with power to hold land but with such liability on the part of the members to contribute to the assets of the company in the event of its being wound up as is provided by this Act† clearly demonstrated that the foundation of Company Law is the ‘company’ and that without incorporation and the creation of a separate corporate personality, there couldn’t be a base for the formation of Company law and Companies Act. 2. In practice, in no circumstances, is it possible to pierce the corporate veil between a parent and a subsidiary company. A company is an artificial person. Once it is incorporated, it comes into being and is a separate legal entity from its members and officers. The importance of the principle of separate legal entity was first established in the landmark case of Salomon v Salomon & Co Ltd (1897). In this case, Mr Salomon was a sole-proprietor manufacturing boots. The business was successful. Mr Salomon incorporated a company and sold his business to the company in consideration for 20000 shares and debentures of  £10000 issued in favour of Mr Salomon. Mr Salomon ended up holding 20001 of the 20007 shares issued. The other six shared were held by his wife and five children as nominees for Mr Salomon. Unfortunately, the company experienced financial difficulty and was wound up. An action was brought against Mr Salomon to indemnify the company for all the debts due to its unsecured creditors. The House of Lords held that even though the business was managed by the same persons and the same hands received the profits, the company was not an agent or trustee for the members. Incorporation of the company created a separate person. The members were not liable in respect of the company’s obligations. The same applies to parent and subsidiary companies. Both parent and subsidiary companies has their own separate legal entity. One example is the case of The People’s Insurance Co (M) v The People’s Insurance Co Ltd (1986). In this case, the plaintiff company, People’s Insurance Co. (M) Sdn. Bhd. (PICMSB) was a subsidiary of the first defendants company, People’s Insurance Co. Ltd. (PICL). On 12 January 1978, five directors of PICMSM held a meeting. One of the directors was the Managing Director of the defendant (PICL), another one was General Manager and Director of the defendant (PICL), and another one was Executive Director of the defendant (PICL). During the meeting they passed a resolution that affected PICL. The defendant (PICL) denied any liability. The court held that: i. The parent and subsidiary companies are two separate legal entities; ii. Officers of the parent company who are on the Board of the subsidiary are not representatives of the parent company but sit at the Board Meeting as directors and agent of the subsidiary iii. A resolution of the Board of directors of the subsidiary does not bind the parent company. The resolution did not constitute a contract between the parties. Thus, it is held that the principle of separate legal entity applies as well to related companies, including wholly owned subsidiaries. In Adams v Cape Industries PLC (1990), the main defendant was an English registered company presiding over a group of companies whose business was in the mining (in South Africa), and marketing, of asbestos. The company had become the subject of a class action lawsuit in the United States, and the company tried to avoid fighting the case in the American courts on jurisdictional grounds. The Plaintiffs obtained a judgment against the English company in the American courts, but as Cape had no assets left in the U.S., they then sought to enforce the judgment against the principal company in the group in the English courts. The court accepted that the purpose of the corporate group structure set up by Cape Industries had been used specifically to ensure that the legal liability of a particular subsidiary would fall only upon itself and not the parent company in England. The court refused to pierce the veil of incorporation to allow the judgment creditor to enforce its judgment against the judgment debtor’s holding company. The court refused to treat both the subsidiary and holding companies as one single entity. However the legislature recognizes that there may arise circumstances when this principle of separate legal entity may lead to adverse positions, and thus have enacted statutory exceptions to lift the veil of incorporation under specified circumstances. Normally in new situations or circumstances, court decides on case by case basis to pierce the veil of incorporation. There are instances where the court held that the related companies do not have separate legal entities; they are indeed one legal entity. In DHN Food Distributors Ltd v London Borough of Tower Hamlets (1976), DHN carried on the business of operating a grocery on the property owned by one of its wholly owned subsidiaries. The property was compulsorily acquired by the authority which refused to pay compensation to DHN as it did not have any interest on the land. The English Court of Appeal held that the group operated as a single economic unit and thus DHN could recover the compensation due to them under law. In conclusion, in normal practice with no circumstances, it is not possible to pierce the corporate veil between a parent and a subsidiary company as mentioned in The People’s Insurance Co (M) v The People’s Insurance Co Ltd (1986) and Adams v Cape Industries PLC (1990). Only when there arise circumstances can only the corporate veil of a parent and subsidiary company be pierced. 3a. Joe and Mike issue sufficient RM1 shares to Luke to raise his stake to 40% to allow them to defeat the resolution of their removal from the board. The action proposed by Joe and Mike is not allowed under section 132D of Companies Act 1965. Section 132D(1) of the Act reads, â€Å"notwithstanding anything in a company’s memorandum or articles, the directors shall not, without the prior approval of the company in general meeting, exercise any power of the company to issue shares†. Unless the power to issue shares has been vested in the members at a general meeting, the directors are not allowed to issue shares. Under this section, the company’s power to issue shares is not transferred from the directors to the members in general meeting. Rather, it imposes an obligation on the directors to obtain the approval of the company’s shareholders in general meeting before exercising their power to issue shares. When an allotment of shares takes place by the company without compiling without any statutory procedure, it is an irregular allotment. Although it is necessary to obtain only an ordinary resolution for the issuance of new shares, section 132D (5) requires such resolution to be lodged with the Registrar of Companies (ROC). When the minimum subscription is not received, it is an irregular allotment and it is void. The directors are liable to pay both the company and also to the allotee. On the other hand, prior approval of the members is not required if the shares issued are consideration or part consideration for the acquisition of shares or assets by the company. Section 132D (6A) provides that if the consideration for the shares in kind or partially in kind, it is sufficient for the directors to inform the members in writing at least 14 days before the shares are issued. The consequences for non compliance of section 132D are provided in section 132D (6) which reads, â€Å"Any issue of shares made by a company in contravention of this section shall be void and consideration given for the shares shall be recoverable accordingly†. In fact, the directors are liable to compensate the company and the allottee for any loss, damages or costs which might occur as a result of the breach. According to section 132D (7), â€Å"any director who knowingly contravenes, or permits or authorizes the contravention of, this section with respect to any issue of shares shall be liable to compensate the company and the person to whom the shares were issued for any loss, damages or costs which the company or that person may have sustained or incurred thereby†. Thus, Joe and Mike shall be liable to pay compensation to the company and Luke if any loss or cost incurred. However, the shareholders or creditor of the company may apply to the court for validation of the shares under section 63. If the court finds the issuance of shares is just and equitable, the court may order the validation of the shares which were not properly issued. In the case of Kepala Sawit (Teluk Anson) Sdn Bhd v Yeoh Kim Leng & Ors (1991), the court held that â€Å"an act of the company which is irregular offers room for its regularization or validation by application of the just and equitable principles embodied in section 63†. Nevertheless, it seems to be impossible for the court to validate the shares in the situation above if any appeal is made. Besides that, the intention of Joe and Mike to raise Luke’s shares is to allow him to defeat the resolution of their removal from the board. Section 128 of the Companies Act 1965 provides for the removal of a director of a public company but no provision is made for the removal of a director of a private company. This is left to the company’s article. Article 69 of Table A provides that the company may by ordinary resolution remove a director. Thus, if Singing Stars Sdn Bhd’s article has adopted Table A, then the procedure provided in Section 128 has to be followed. Also, depending on the company’s article, either an ordinary or special resolution has to be passed in the meeting by the shareholders of the company. In business or commercial law, ordinary resolution is a resolution passed by the shareholders of a company generally affirmed by not less than 50% of the members casting their votes, whereas special resolution is generally affirmed by not less than 75% of members casting their votes. Therefore, even if Luke’s stake can be raised to 40%, he still can’t defeat the resolution because a resolution is passed based on the voting cast by the majority in the meeting. Hence, Tony shall not worry about Joe’s and Mike’s action in raising Luke’s stake to 40% by issuing shares as its legality is bounded by section 132D of Companies Act 1965. Also, the removal of a director is allowed when a resolution is passed in the meeting. With only Joe, Mike and Luke to defeat the resolution, the resolution to remove them off as the directors can still be passed. 3b. After this they will pass resolutions to remove Tony from the board and to replace him with Luke. Directors are agents of the company and thus owe a fiduciary duty towards the company. Section 4(1) of the Companies Act 1965 provides that, â€Å"director includes any person occupying the position of director of a corporation by whatever name called and includes a person in accordance with whose directions or instructions the directors of a corporation are accustomed to act and an alternate or substitute director†. Section 4(1) states that a director includes a de facto director, a shadow director and an alternate or substitute director. Sections 122(1) and (1A) of the Companies Act 1965 provides that, â€Å"every company shall have at least two directors, who each has his principal or only place of residence within Malaysia†. Sections 122(2) of the Companies Act 1965 provides that, â€Å"no person other than a natural person of full age shall be a director of a company†. This is clear that only a human being can be a director. Besides that, Section 122(2) imposes the minimum age of the director which is 18 years old. Thus, only a person who is 18 years old and above may be appointed as a director. Section 129 of the Companies Act 1965 provides that, â€Å"notwithstanding anything in the memorandum or articles of the company no person of or over the age of seventy years shall be appointed or act as a director of a public company or of a subsidiary of a public company†. A person who aged 70 years old and above can only be a director if the resolution appointing him as a director receives approval from at least 75% of the votes at the company’s annual general meeting. The office of a Tony as a director may become vacant if he is disqualified pursuant to the Companies Act 1965 or the articles of association, resigned from the position, removed from the board of directors and retires by rotation. Articles of association of the company provides that the office of a director shall become vacant if the director (a)ceases to be a director by virtue of the Companies Act 1965 (b)becomes a bankrupt or makes any arrangement or composition with his creditors generally (c)is prohibited from being a director by reason of any order made under the Companies Act 1965 (d)becomes of unsound mind or a person whose person or estate is liable to be dealt with in any way under the law relating to metal disorder (e)resigns his office by notice in writing to the company (f)for more than six months is absent without the permission of the directors from meetings of the directors held during that period (g) without the consent of the company in general meeting holds any other office of profit under the company except that of managing director or manager (h)is directly or indirectly interested in any contract or proposed contract with the company and fails to declare the nature of his interest in a ma nner required by the Companies Act 1965. Tony will not be removed as he is not disqualified by the articles of association. The resignation of a director may take effect on the date which the board receives the letter of resignation, the date stated in the letter or according to the articles of association. Section 122(6) of the Companies Act 1965 provides that, â€Å"notwithstanding anything contained in this Act or in the memorandum or articles of a company or in any agreement with a company, a director of a company shall not resign or vacate his office if, by his resignation or vacation from office, the number of directors of the company is reduced below the minimum number required by subsection (1) and any purported resignation or vacation of office in contravention of this section shall be deemed to be invalid†. Tony does not take action to resign from a director. Tony will not be removed from the board. However, he may be removed from the board by an ordinary resolution. Section 128(1) of the Companies Act 1965 provides that, â€Å"a public company may by ordinary resolution remove a director before the expiration of his period of office, notwithstanding anything in its memorandum or articles or in any agreement between it and him but where any director so removed was appointed to represent the interests of any particular class of shareholders or debenture holders the resolution to remove him shall not take effect until his successor has been appointed†. A public company may remove a director by ordinary resolution before the expiration of his term of office. The resolution is passed if it garnered more than half of the votes casted. A director of a public company is not possible to be removed by other director as provided in Section 128(8) which reads that, â€Å"a director of a public company shall not be removed by, or be required to vacate his office by reason of, any resolution request or notice of the directors or any of them notwithstanding anything in the articles or any agreement†. Thus, Joe and Mike are not able to remove Tony from the board. To remove a director, a special notice of the resolution is required to serve to the company at least 28 days before the scheduled members’ meeting as stated in Section 128(2) of the Companies Act 1965, â€Å"Notwithstanding anything to the contrary in the memorandum or articles of the company, special notice shall be required of any resolution to remove a director or to appoint some person in place of a director so removed at the meeting at which he is removed, and on receipt of notice of an intended resolution to remove a director the company shall forthwith send a copy thereof to the director concerned, and the director (whether or not he is a member of the company) shall be entitled to be heard on the resolution at the meeting†. The special notice of ordinary resolutions is also called notice of intention is given by the members to the company at least 28 days before the scheduled meeting. Then the company must give at least 14 days’ notice to the members before the meeting is scheduled to be held. It is provided in Section 153 of the Companies Act 1965, â€Å" where by this Act special notice is required of a resolution, the resolution shall not be effective unless notice of intention to move it has been given to the company not less than twentyeight days before the meeting at which it is moved, and the company shall give its members notice of any such resolution at the same time and in the same manner as it gives notice of the meeting or ,if that is not practicable, shall give them notice thereof, in any manner allowed by the articles, not less than fourteen days before the meeting, but if after the notice of intention to move such a resolution has been given to a company, a meeting is called for a date twenty-eight days or less after the notice has been given, the notice, although not given to the company within the time required by this section, shall be de emed to be properly given†. The board of directors may attempt to undermine the members’ proposal to remove a director, the board may call for the meeting to be scheduled less than 28 days from the receipts of the members’ notice. Section 153 of the Companies Act 1965 provides that the meeting is not invalidated if it is held less than 28 days after the notice was given by the members to the company. In Soliappan v Lim Yoke Fan [1968] 2 MLJ 21, the High Court held that Section 128 was not mandatory. The power to remove directors under that section co-existed with any power contained in the articles of association. Therefore, 28 days notice is not necessary, the removal could be affected in accordance with the articles of association. However, on the facts the proper notice required under the articles of association had not been given either, so removed as director and consequently the plaintiff was not properly appointed as director of the company. If Tony is removed from the board, he may claim compensation or damages for the termination of his appointment as a director. Where the company has entered into a contract with Tony and the company breached it by removing him, then Tony has the rights to claim compensation. Section 128(7) of the Companies Act 1965 provides that, â€Å"nothing in subsections (1) to (6) shall be taken as depriving a person removed thereunder of compensation or damages payable by him in respect of the termination of his appointment as director or of any appointment terminating with that as director or as derogating from any power to remove a director which may exist apart from this section†. Tony who is appointed as a director is not required to retire unless the articles of association provides so. Upon retirement, the shareholders may re-elect the directors who have performed but not those who failed to perform up to expectations. In See Teow Chuan & Anor v YAM Tunku Nadzaruddin Ibni Tuanku Jaafar & Ors [2007] 2 MLJ 212, the board of directors made a resolution that all executive directors must retire on attaining 55 years of age. The plaintiffs brought an action challenging the introduction of a new term into their existing contract that they should retire. The court held that the power to pass the resolution as to retirement of directors was a fiduciary power entrusted by the memorandum and articles of the Company. That power was used for a collateral or improper purpose, namely to remove the plaintiffs and was invalid. In conclusion, Joe and Mike are unable to remove Tony from the board and replace Tony with Luke. Tony will be removed from the board if he meets one of the events stated above. 3c. As an added incentive the shares will be issued to Luke for RM0.60 each to allow for a tidy profit. The issue here is whether Joe and Mike can issue shares to Luke at RM0.60 each to allow for Luke’s support towards them. The issuance of shares below the nominal value of RM1.00 is called issuance of shares at a discount. At common law, the issuance of shares below the par value (at a discount) is prohibited because it constitutes a reduction of share capital without confirmation by the High Court. Section 64 of the Companies Act 1965 requires a special resolution that authorizes the reduction of its share capital with the confirmation by the Court. Case : Re Wragg Ltd. Facts : A liquidator took up a court case seeking a declaration that certain shares in the company issued to two members and registered in their names as fully paid were not properly issued as fully paid up. The liquidator asked for an order that the two members pay the amounts unpaid thereon. Held : The transaction was wholly legitimate. Lindley L.J. stated â€Å"it is not law that persons cannot sell property to a limited company for fully paid-up shares and make a profit by the transaction. We must not allow ourselves to be misled by talking of value. The value paid to the company is measured by the price at which the company agrees to buy what it thinks it worth it while to acquire. Whilst the transaction is unimpeached, this is the only value to be considered.† However, there are two exceptions to the rule against issuing shares at a discount that are stated in Section 58 and 59 of Companies Act 1965. In occasions where the company enters into an underwriting agreement wherein the underwriter will subscribe the shares in the company if the shares are not taken, in return, the company agrees to pay the underwriter a fee. Section 58 of Companies Act 1965 recognises this commercial agreement provided that the payment of that commission is not more than 10% of the issued value of the shares and is authorized by the company’s articles. Section 59(1) of the Companies Act 1965 states that the company can issue shares at a discount of a class already issued if – (a) The discounted shares are authorized by ordinary resolution passed in general meeting of the company and is confirmed by Court order; (b) The resolution specifies the maximum rate of discount at which the shares are to be issued; (c) the company can only issue shares at a discount only after one year it is entitled to commence business; and (d) the discounted shares must be issued within one month from court’s confirmation or within extended time as allowed by Court. According to section 59(4), the discounted shares must be offered to existing members of that class based on pro rata basis. Failure to do so, the company and every officer who is in default shall be guilty of an offence punishable with a fine of RM1000 and default penalty in accordance with section 59(7) of the Companies Act 1965. Case : Ooregum Gold Mining Co of India v Roper Facts : The market value of the  £1 ordinary shares of the company was 2 shillings and 6 pence (2s 6d). The company issued preference shares of  £1 each with 15s credited as paid, leaving a liability of only 5s a share. Held: The holders of the discounted shares are liable to pay the full nominal value to the company. In common law, issuance of shares at a discount is prohibited but there are statutory exceptions under section 58 and 59 which enable the company to issue shares at a discount. In this case, Luke is not the underwriter of Singing Stars Sdn Bhd. Therefore, Joe and Mike cannot issues shares at a discount to him by virtue of section 58 of the Companies Act 1965. However Luke can be entitled to get the shares at a discount if the discounted shares are passed by a majority of members who are present and votes at the meeting and confirmed by the Court order, which specify the maximum rate of discounts are to be issued, commence it’s business after one year and issue the discounted shares issued within one month from court’s confirmation or within extended time as allowed by Court, then Luke can be entitled to the discounted shares after the existing shareholders are offered the discount. Luke will not be getting the shares at a discount because the most of shareholders are not satisfied with Joe and Mike and wanted to vote them from the board. Hence, the majority of them will win and Luke will definitely not getting his shares at a discount. If Joe and Mike insist on issuing the shares at a discount to Luke, the holder of the shares (Luke) may be liable to pay the full nominal value of the shares as stated in the Ooregum principle. Besides, the directors (Joe and Mike) who are responsible for the unlawful issue may be held liable to the company for the discount allowed. In conclusion, Tony can sue Joe and Mike for breach of companies act and they will be held liable to company in respect of the discount allowed. From the above Tony and the other four shareholders can vote to reject the acceptance of payment by land from Luke for the shares. Joe and Mike do not have the power to accept the payment without the knowledge of the members of the company. If the transaction is still done Section 132D(6) provides that the shares issued are void and the directors shall be liable to compensate the company and the person whom the shares were issued to for any loss, damages or costs which they may sustain as consequence of the breach. 3d. Luke has suggested that the company might accept some land which he owns as payment for the shares. Section 67 (1) of the Companies Act prohibits a company from: Financing the purchase of its own or its holding company’s shares Giving financial assistance for the purpose of or in connection with the purchase of its own or its holding company’s shares Dealing in or lending money on its own shares In the case of Datuk Tan Leng Teck v Sarjana Sdn Bhd, the plaintiff entered into a contract to sell a piece of land to the 2nd defendant, Pasti Hasil Sdn Bhd for a piece of land at a price of RM15, 896,995. According to the agreement, RM1,000,000 of the purchase consideration will be capitalized as paid-up capital for 1,000,000 shares in the SSB. PHSB had paid RM3,300,000 for the land to SSB and RM1,000,000 out of this payment had been considered as a payment for 1,000,000 shares in SSB. Thus, 1,000,000 shares had been allotted to Pasti Hasil Sdn Bhd. The court held that financial assistance has been given to Pasti Hasil Sdn Bhd as the defendant agreed to treat a portion of the sum owed by Pasti Hasil Sdn Bhd as payment for the shares. Section 67 (1) prohibits the company from giving financial assistance unless it is bona fide commercial transaction entered in good faith. As Pasti Hasil Sdn Bhd had not paid anything for the shares the share capital of the defendant had reduced. In the case of Belmont Finance Corporation Ltd v Williams Furniture Ltd (No 2), Belmont’s directors paid  £500,000 of Belmont’s money under a scheme to help a company called Maximum ( which was owned and controlled by a Mr. Grosscurth) to buy shares of Belmont. Goff LJ held that the agreement was unlawful and the payment was made by Belmont for an illegal purpose, namely to facilitate the purchase by Grosscurth and his associates of Belmont’s shares. Lord Denning in Wallersteiner v Moir (1974) propounded the following test: â€Å"You look to the company’s money and see what has become of in. You look to the company’s shares and see into whose hands they have got. You will then see if the company’s money has been used to finance the purchase.† Thus for this case if the company accepts Luke’s land as payment for the shares, it is not a bona fide commercial transaction entered in good faith and is prohibited by section 67(1). Thisi s because the land serves no specific purpose to the company and future benefits will not flow to the company through this entity. This means that the land is of no use to the company at the time of purchase which shows that it is not a bona fide commercial transaction. Furthermore this also shows that the company’s money paid to Luke for the land will be used to purchase its shares. If Joe and Mike accept this transaction, they will be guilty under section 67(3) of the Companies Act and section 67(4) provides that officers who are guilty are liable to compensate the company or any person who has suffered losses or damage as a result of the prohibited transaction. REFERENCES 1) http://www.scribd.com/doc/64780622/1/S128-1-Companies-Act-1965 2) http://www.ssm.com.my/files/clrc/consultation_documents/cd2.pdf 3) Chan Wai Meng (2012) . Company Law in Malaysia: Cengage Learning.

Comparing and Contrasting Keynesian & Classical Economics Essay

Economics studies the monetary policy of a government and other information using mathematical or statistical calculations. Fiscal information is analyzed in order to make judgments and inferences from the information provided. There are two economic schools of thought which take different approaches to the economic study of monetary policy, consumer behavior and government spending. Basic Theory (Paragraph 2): This paragraph outlines major some of the differences between Classical and Keynesian economic theories. Classical theorist were rooted in the concept of Laissez faire market which requires little to no government intervention and allows individuals to make decisions, unlike Keynesian economics, where the public and government is heavily involvement in the decision making process in regards to economics. Classical economists also used the value of objects to determine prices in the market unlike Keynesians who believed that the demand was what influenced the market. Keynesians also relies heavily on the theory that the nation’s monetary policy can affect a company’s economy. Government Spending (Paragraph 3): Classical economists do not believe that government spending has a major impact on the nation’s economic growth, yet that consumer spending and business investments had more of an impact. Classical economists believed that government spending would stunt the economy’s growth by increasing the public sector and decreasing the private sector. In contrast, Keynesian economist did in fact believe that consumer spending and business investments helped the economy, but also believed that government spending played an important role in boosting and could possibly even take the place of the former and still continue to result in economic growth. Short vs. Long-term Affects (Paragraph 4): Classical economists focused on creating long term solution for economic problems. They take into account the effects of inflation, government regulation, taxes. They also consider how current policies and new economic theory will distort the free market environment. Keynesian economics focus more on immediate results in economic theories. Keynesians focus on short-term needs as well as policies, and consider how the result can affect the economy immediately.

buy custom The French Revolution essay

buy custom The French Revolution essay Gilbert (2005) defines French Revolution as the period of radical political and social upheaval in France between 1789 and 1799, which lead to the establishment of France as a republic. During this time the French society went through an epic transformation as religious, feudal and aristocratic privileges disappeared because of a sustained attack from radical left-wing masses on the streets, peasants in the rural areas and political groups. New enlightenment principles of inalienable rights, equality and citizenship abruptly overthrew old ideas concerning hierarchy and tradition. The French Revolution was an essential event in the Western historical context and a single most significant influence on British philosophical, political and intellectual life in the nineteenth century (Gilbert, 2005). This discussion will consider the causes and effects of the French Revolution. Causes of French revolution Old Regime is the first underlying cause of French Revolution (Gilbert, 2005). This resulted in the division of the people of France into three estates. The first estate, which held about 10 percent of the total land in France, represented the highest church officials. These officials did not pay direct taxes to the royal government. Another estate constituted of the nobles who occupied about 20 percent of the total land in France. However, the nobles were only two percent of the total population in France, and they paid no taxes. The third estate underwent further division into three groups, namely bourgeoisie, peasant farmers and the urban lower classes. According to Gilbert (2005), the third estate was about 98 percent of the population in France. This estate spent about 50 percent of their income in taxes. Individuals paid royal taxes, feudal dues and they owed corvee. Another underlying cause of the French Revolution was the raising of taxes (Gilbert, 2005). However, the third estate was already paying enough tax, but the population in the second estate refused t pay taxes, which worsened the problem. The American Revolution was another underlying cause of the French Revolution (Gilbert, 2005). This occurred when the French experienced an enormous debt because of helping the Americans. The Americans also overthrew a supreme monarch and achieved freedom. The effect of the teachings and writings of various renowned philosophers in France is the fourth principal or underlying cause of the French Revolution. Many people borrowed ideas from philosophers like John Locke, who recommended freedom from oppression. This was the Age of Enlightenment, in which the famous thinkers included Rousseau, Voltaire and Montesquieu. They attacked the French society and French government and they suggested that people should have equal rights. The thinkers wrote pamphl ets and books, which played a significant role in altering the French social structure (Gilbert, 2005). Apart from the underlying causes of the French Revolution were the immediate causes and a spark. The rising price of bread was an immediate cause of French Revolution (Gilbert, 2005). In the previous year people did not harvest enough grain, which led to the shortage of raw materials. The poor relied on bread as the only thing they could afford and making breads expensive would consequently starve the poor. Locking the third estates delegates out of their meeting room was another immediate cause of the French Revolution (Gilbert, 2005). Abby Sieyes, who was the deputy of the Third Estate, suggested that the estate becomes the National Assembly. Despite the effort of the king locking the Third Estates delegates out of their meeting room, they continued to meet. The delegates started holding their meetings in a nearby Tennis Court. A spark of the revolution is the event that triggered off the French Revolution when King Louis ordered the Swiss guards to Paris. King Louis hired the Swis s mercenaries because he could not rely on his own military. However, he called the Swiss mercenaries off when a mob attached the Bastille (Gilbert, 2005). Effects of the French Revolution In spite of the French Revolution taking place in France, many countries across the world felt its effects (Gilbert, 2005). Civil disorder was very common after the mob stormed the Bastille. In France, the landowning and bourgeois classes became the dominant power following the revolution. Feudalism ended and the Code Napoleon consolidated contractual relations and the social order. The French Revolution unified France, which promoted the power of the national state. The Napoleonic and Revolutionary wars dismantled Europes ancient structure, accelerated the coming of nationalism and introduced the era of modern, total welfare. Establishment of the ranks of men in the Revolutionary Army relied on caliber and not on class (Gilbert, 2005). Some aftermaths of the French Revolution belong to the category of cultural effects. The French Revolutionary government embraced the use of the metric system, which spread across the world (Gilbert, 2005). Now only three countries, namely the United States, Liberia and Myanmar do not use the metric system. The Great French War resulted in the spread of the French culture. This war ensured that French fashion has spread throughout Europe, such that, during the French Revolution, citizens started dressing in a modest manner (Gilbert, 2005). Men and women started to cut hair closer to their scalps. The wealthy men started putting on beggar clothing and women put on fashions that resembled the ancient Pagan Greeks thin gowns (Gilbert, 2005). The causes of the French Revolution included the underlying causes, immediate causes and a spark. Most of the causes took place in France where the French society went through an epic transformation. Various parts of the world experienced political, social and cultural effects of the French revolution. Therefore, the French Revolution is a significant period whose effects have influenced the way of life across the world (Gilbert, 2005). Buy custom The French Revolution essay

API ( Application Programming Interface) Theory part exam as a Assignment

API ( Application Programming Interface) Theory part exam as a coursework - Assignment Example The protocol achieves this by granting third-party application access to protected content without providing the application with credentials. Oath protocol differs with the Open ID which is a federated authentication protocol (A How-to Guide to OAuth & API Security n.d). The traditional approach in client-server authentication model required a request to access protected resource on the server by the client. Authentication provided to the server through the credentials from the resource owner enabled the third party access resources. In other words, the resource owner had to share its credentials with the third party and this created several problems and limitations such as; The credentials for the resource owner like username and password had to stored by the third party for future use by the third-party Security lapses in password storage required that servers support password authentication Resource owners lacked protection from third-party applications due to unlimited access of resources Resource owners have to change third-party’s password since they cannot revoke an individual third-party. This means that all third-parties fall prey due to revocation of an individual Any compromise of third-party application leads to compromise of end-user’s username and password. This leads to unlimited and misuse of protected data by that password. This breach in security is addressed by OAuth through an authorization layer and defining the role of the resource owner and the client (third-party). According to this protocol, the third party does not use the resource owner’s credentials to access protected resources from the server but uses an access token. The access token denotes specific scope, lifetime, and other access attributes offered to the third-party clients through an authorization server and with approval from resource owner. The access token is used by the third-party to access the protected resources hosted by resource server. The thi rd-party APIs have a restricted use to service provided by HTTP as well as managing a handshake between applications. OAuth is a full API access control tool and security solution with a focus on API management such as user management, auditing, throttling, and threat detection. b. Give an assessment of the core issues surrounding identity and APIs APIs apply security approaches through identity, authentication, and authorization. Identification entails encryption of the person making an API request while authorization focuses on validating permission granted to API request users. Authentication confirms the API request users. API key is used to establish identity but not authentication of end users. Through the API key, organizations like Google maps and Yahoo can track their users and keep service volume under control. Identity service operations for API applies three types of service extensions. These are; OpenStack Identity Service Extension, HP Identity Service Extensions, and Rackspace Identity Service Extensions. The three service extensions apply the following Identity Service Concepts; User User is a digital representation of an end user, system, or service that uses API services like OpenStack cloud services. The identity validates the request made by the user claiming to make the call. The end users are facilitated by a log in and tokens to access resources with the option of a tenant provision or tenant ownership. Credentials Credentials refer to validation of data by

Health Leadership and Management Essay Example | Topics and Well Written Essays - 3500 words

Health Leadership and Management - Essay Example From the report it is clear that the management concepts of leadership and identification and establishment of a risk management process are to be applied for the ultimate design of a health care process. Such processes are more required at the Intensive Care Unit (ICU)/facilities of any hospital as ICU is one of the most critical services of any hospital and the quality of patients' response is important in determining the success of the entire hospital itself. As the essay highlights low evidence based practices are cleaning insertion site, use of heparin,tunneling,routine catheter change, routine Ab prophylaxis, hand washing compliance and use of Sucralfate; medium level evidence based practices are peri-operative normothermia, continuous oscillation,suprapubic catheters, barrier Precautions and Ab restrictions; high evidence based practices include supplemental perioperative oxygen, semi-recumbent position ,selective decontam- GI tract and silver alloy-coated catheters, to quote a few. While these best practices are indicative of the desirable course of actions in ICU situations ;they perhaps indicate more to the risk perceptions and associated risk bearing events within the ICU environment. There are noticeable gaps in prescription of these best practices and their actual practices which leads to occurrence of adverse events in ICU care. A careful identification and documentation of deviations which have resulted in adverse incidents is the much needed innovation for ICU management.